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GENERAL ASSEMBLY LIMITS CONSIDERATION OF BILLS IN 1974 SESSION TO BUDGET AND APPROPRIATION MEASURES The 1974 session of the 78th General Assembly reconvened on Wednesday, January 9. It commenced its final ten week session on Wednesday, April 24. It appears that action on bills pertaining to park districts, forest preserve districts and conservation districts will be limited and no major park district or forest preserve measures can be anticipated during the present session. The rules of the Senate (Rule 5) provides: "In even-numbered years all bills shall be referred to the Rules Committee except those that implement the State budget or are introduced by Standing Committees." On April 19 after considerable debate, the House of Representatives adopted the Senate rule which means that only appropriation or budget measures will be considered during the present session of the General Assembly. By the adoption of this new procedural rule, the House has sent 431 bills carried over from the 1973 session to the House Committee on Rules. These 431 bills include those from last year which were held over to the 1974 spring session and those placed on the interim study calendar of Standing Committees during 1973. The new rule adopted by the House also requires all non-fiscal bills introduced in the 1974 session to be referred to the Committee on Rules for disposition. A sponsor of a bill sent to the Committee on Rules may file a request with the Committee chairman that the bill be returned to the Standing Committee from which it was transferred, or that it be returned to the order of business on the calendar from which it was transferred. This request must be in writing and must set forth reasons for the request. However, the Committee on Rules may not send a bill back to its previous status in committee or on the calendar unless it determines by a vote of its members: (a) The bill is an appropriation bill or its companion, or a revenue bill, or (b) That it must be considered before July 1 as an emergency, or is essential to government operation. If the Committee on Rules rejects the members' request or fails to act on the request within a week following its filing, the chief sponsor of the bill may file a motion with the Clerk of the House to refer the bill from the Committee on Rules to the Committee on Assignment of Bills, or a motion to return the bill to the Standing Committee from which it was transferred, or to the calendar status from which it was transferred. This motion requires 89 votes to overturn the Rules Committee decision. Of the 431 bills from the 1973 session which have been removed from existing status and sent to the Rules Committee were Senate Bills 328, 329 and 330, all of which park district bills had been placed on the spring calendar on third reading and which are important park district measures. Unless this rule is substantially relaxed, park district and forest preserve measures will not be considered until the opening of the 79th General Assembly in January, 1975. Two bills were introduced in the General Assembly on Wednesday, March 6 which, if enacted, will remove from the Regional Transportation Authority eminent domain powers over public park and forest preserve areas. Senate Bill 1230 (Mitchler) would preclude the Authority from acquiring by eminent domain property used for park purposes under the jurisdiction of a park district and House Bill 2228 (Pierce, et al.) would preclude the Authority from acquiring by eminent domain any property used for park or forest preserve purposes regardless of whether or not such property was controlled under the jurisdiction of a park district. The amendment provided for under H.B. 2228 would amend the Regional Transportation Authority Act (Ch. 111-2/3, Paragraph 702.13) to read as follows: "(c) The Authority may exercise the right of eminent domain to acquire public property only upon the concurrence of 2/3 of the then Directors. The right of eminent domain may not be exercised by the Authority over property used for public park purposes, for State Forest purposes or for forest preserve purposes, or over property designated as a nature preserve pursuant to 'An Act in relation to the acquisition, control, maintenance, improvement and protection of State parks and nature preserves', approved June 27, 1925, as now or hereafter amended. Section 2. This amendatory Act takes effect upon its becoming a law." The following bills affecting park districts have been introduced since January 9, 1974. HOUSE BILLS H.B. 2122 (Schlickman) Amends RTA. Provides that proposals involving exercise of eminent domain must be submitted to NIPC and then to governmental unit involved. Provides for hearings on objections. H.B. 2256 (Matijevich) Township Open Space Act. Permits townships upon referendum to establish open space program. H.B. 2258 (Matijevich) Amends Township Act to permit use of all funds (not limited to federal revenue sharing funds) for purposes defined as priority expenditures under Federal, state and local Fiscal Assistance Act of 1972. H.B. 2278 (Fary) Increases maximum levy for museums in public parks to .06% in Chicago Park District. H.B. 2279 (Kozubowski) Amends Chicago Park District Act. Raises rate to .50% for 1974 and subsequent years. Raises tax levy for aquariums and museums to .06%. Illinois Parks and Recreation 8 May/June, 1974 H.B. 2282 (McGah) Makes additional appropriation of $4,000,000.00 to Department of Local Government Affairs for grants to local governments. H.B. 2305 (Hanrahan) Authorizes referendum to disconnect from RTA and terminate tax collection. H.B. 2343 (R. K. Hoffman) Provides for reduced assessment on unimproved real estate for general public use as park or recreational area. H.B. 2390 (Philip) Amends act defining powers of park district police. H.B. 2466 (R. K. Hoffman) Amends RTA to limit power of Authority to take public lands to cases where governing body of local government consents to taking. H.B. 2476 (Matijevich) Creates state uniform real property acquisition policy to be applied and govern the acquisition of real property by state or local governments. H.B. 2491 (McGah) Authorizes Cook County forest preserve district to levy taxes to restore, recondition and reconstruct improvements. H.B. 2492 (McGah) Authorizes increase in bonded indebtedness of Cook County forest preserve district. H.B. 2629 (Juckett) Changes term of park district commissioners from six to three years. H.B. 2630 (Juckett) Provides that number of commissioners in each park district shall be increased from five to seven at next election of commissioners of each district. SENATE BILLS S.B. 1325 (Hynes) Appropriates $3,000,000.00 for expenses of Local Government Law Enforcement Officers Training Board. S.B. 1339 (Sours) Creates linear parkway act to make rivers linear parkways. PARK DISTRICT COMBINED BUDGET AND APPROPRIATION PROVISION CREATES CONFUSION AND PROBLEMS On Tuesday, April 23, Senators Fawell and Glass introduced in the Senate S.B. 1409 which bill, if enacted, will remove the basis for possible objections to levy ordinances which might result from the amendment of Section 4.4 of The Park District Code under the provisions of H.B. 1008 which was approved August 28, 1973. The 1973 session of the General Assembly passed H.B. 1008 which amended The Park District Code to require park districts for the first time to prepare and publish an annual budget and to conduct a public hearing thereon. No statutory requirement for the preparation and publication of a park district budget had been contained in the Code prior to that time. Section 4-4 of The Park District Code incorporates Section 803 of the Illinois Budgetary Act (Ch. 85 Ill. Rev. Stats. 1973). This provision requires the passage of a park board of a "combined budget and appropriation ordinance" prior to the end of the first quarter of the fiscal year, establishes requirements for publication and a public hearing prior to the adoption of the combined ordinance. In incorporating the provisions of Section 803 of the Illinois Budgetary Act, the amendatory legislation failed to include Section 804 of that act which provides: "... the failure of a governing body to adopt an annual budget and appropriation ordinance, or to comply in any respect with the provisions of this Section, shall not affect the validity of any tax levy of any such municipality (park district) otherwise in conformity with the law." The serious problem created in the failure to include such language arises from the fact that the levy ordinance does not relate to the same fiscal year with respect to which the budget and appropriation ordinance is adopted. The budget and appropriation ordinance of the park district pertains to a current fiscal year while the tax levy ordinance pertains to the next ensuing fiscal year. Thus, the combined budget and appropriation ordinance does not directly relate to the tax levy for the fiscal year concerning which the budget and appropriation ordinance is adopted. The courts in Illinois, recognizing this situation, have sustained tax levies under the Illinois Budgetary Law. However, it is felt that without the insertion of the provisions contained in Section 804, the courts would have difficulty in arriving at such a conclusion. Senate Bill 1409 as referred to would insert into the provisions of Section 4-4 the language of Section 804 of the Illinois Budgetary Act and if passed would eliminate certain possible legal objections to the validity of the levy ordinance. Because of the problems raised by the present language of Section 4-4, many questions have been raised with respect to drafting an appropriate combined budget and appropriation ordinance inasmuch as the present section creates a radical departure from previous procedures. Because of numerous requests for recommendations with respect to the language of the combined ordinance, the following suggestions are made solely for the purpose of consideration by attorneys and those charged with the preparation of appropriate resolutions and ordinances pertaining to this section. *AN ORDINANCE ADOPTING A COMBINED ANNUAL BUDGET AND APPROPRIATING SUCH SUMS OF MONEY AS MAY BE DEEMED NECESSARY TO DEFRAY ALL NECESSARY EXPENSES AND LIABILITIES OF THE .............. PARK DISTRICT, .................. ILLINOIS, FOR THE FISCAL YEAR BEGINNING ............... 1974, AND ENDING ................. 1975, AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SUCH APPROPRIATIONS ARE MADE, AND THE AMOUNT APPROPRIATED FOR EACH OBJECT OR PURPOSE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE .................... PARK DISTRICT: Section 1. The following is the Annual Budget for the ...................... Park District for the fiscal year beginning .............. 1974 and ending .............. 1975: 1.GENERAL
A. SALARIES:
B. OPERATING EXPENSE:
continued on page 30 Illinois Parks and Recreation 9 May/June, 1974 LEGAL AND LEGISLATIVE— continued from page 9 C. CAPITAL EXPENSE Buildings, Streets, and Landscaping, etc. ............. $_________ D. OTHER ...................... $_________ 2. RECREATIONAL PROGRAM FUND A. SALARIES: Administrative, etc. ............ $_________ B. OPERATING EXPENSE Supplies, etc. .................. $_________ 3. SPECIAL FUND, ETC. .......... .$_________ 4. LIABILITY INSURANCE ....... .$_________ 5. MUNICIPAL RETIREMENT .....$_________ 6. ANNUAL AUDIT ............... .$_________ Section 2. As part of the annual budget, it is stated: (a) That the cash on hand at the beginning of the fiscal year is $................ (b) That the estimated cash expected to be received during the fiscal year from all sources is $............. (c) That the estimated expenditures contemplated for the fiscal year are $. ............... (d) That the estimated cash expected to be on hand at the end of the fiscal year is $....................... (e) That the estimated amount of taxes to be received by the .................... park district during the fiscal year is $................ Section 3. That the following sums of money in the total amount of $..............., or so much thereof as may be authorized by law be and the same are hereby appropriated for the corporate purposes of the ................ Park District, as hereinafter specified for the fiscal year beginning ............... 1974 and ending .............. 1975. 1. GENERAL A. SALARIES: Administrative, etc. ............. $_________ B. OPERATING EXPENSE: Supplies, etc. .................. $_________ C. CAPITAL EXPENSE: Buildings, Streets and Landscaping, etc. ............ $_________ D. OTHER ..................... .$_________ 2. RECREATIONAL PROGRAM FUND A. SALARIES: Administrative, etc. ........... .$_________ B. OPERATING EXPENSE: Supplies, etc. ................. .$_________ 3. SPECIAL FUNDS ............... .$_________ 4. LIABILITY INSURANCE ........$_________ 5. MUNICIPAL RETIREMENT .....$_________ 6. ANNUAL AUDIT ............... .$_________ Section 3. The receipts and revenue of the said ..................... Park District derived from sources other than taxation and not specifically appropriated, and all unexpended balances from the preceding fiscal year not required for the purpose for which they were appropriated and levied shall constitute the General Fund and shall first be placed to the credit of such fund. Section 4. This ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. Passed: Approved: Signed .................. Signed ................... Secretary President The following is a suggested form of resolution to be adopted in connection with the annual budget and appropriation ordinance: A RESOLUTION AUTHORIZING THE FILING OF THE ANNUAL BUDGET AND APPROPRIATION ORDINANCES* BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF .................. PARK DISTRICT: Section 1. That "AN ORDINANCE adopting a combined annual budget and appropriating such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the ................ Park District, .................... Illinois, for the fiscal year beginning .............. 1974, and ending .............. 1975, and specifying the objects and purposes for which such appropriations are made, and the amount appropriated for each object or purpose" be filed in the office of the .................. Park District for at least 30 days prior to final action thereon, and that during such period of time it shall be made conveniently available to public inspection. Section 2. That at least one public hearing shall be held as to such Ordinance prior to final action thereon, notice of which shall be given by publication in a newspaper published in the ................. Park District at least one week prior to the time of such hearing. Passed: Approved: ................................ ....................................... Secretary President LEGAL NOTICE* Public notice is hereby given that the proposed Combined Annual Budget and Appropriation Ordinance of the .................. Park District, .................... Illinois, for the fiscal year beginning ................... 1974 and ending .................... 1975 will be available for public inspection at .....................,........................., .................... Illinois from and after ................. 1974. Notice is further given that a public hearing on the adoption of said proposed Combination Budget and Appropriation Ordinance will be held at ..................,......................, ..................... Illinois on .................. 1974 at ................ o'clock p.m. ...................... PARK DISTRICT By .................................... Secretary *THE FOREGOING ARE SUGGESTED FORMS ONLY AND SHOULD BE STUDIED CAREFULLY BY THE ATTORNEY FOR EACH PARK DISTRICT PRIOR TO THEIR USE. Illinois Parks and Recreation 30 May/June, 1974 |
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