The following is a synopsis of legislation adopted by the 84th Illinois General Assembly in their Spring 1985 session which were approved by the Governor. Included is the Public Act number and the effective date of each Bill. Bills which were vetoed or amendatorily vetoed will be described in a subsequent report.

Please note that these are only brief summaries of the bills and the full bill should be reviewed by the attorney for your municipality to determine their exact application.

BILLS SIGNED INTO LAW

Amends the Illinois Municipal Retirement Fund Article of the Illinois Pension Code to permit up to one year's accumulated sick leave to be added to service credit at retirement. Allows the IMRF Board to establish an optional group health insurance program for participating municipalities. Clarifies provisions relating to payments to the deceased employee's spouse; clarifies provisions relating to payments of workers compensation benefits under this act; and makes other general changes relating to operations of the Board. (Ch. 108 1/2, par. 7-139)
Effective January 1, 1986.

Allows municipalities, in addition to revoking or suspending a license, to levy fines for liquor license violations. (See also SB 298) (Ch. 43, pars. 112 and 149)
Effective September 22, 1985.

Creates the "Local Government Prompt Payment Act" which requires municipalities to pay bills within a set time period or pay a penalty of 1% per month or fraction thereof. Payments must be made within 30 days after receipt of a bill or within 30 days after the providing of goods or services, whichever is later. Bills approved for payment must be paid within 30 days of approval. Amends various provisions of the Municipal Code and related statutes. (Ch. 24, new par. 8-1-18)
Effective July 1, 1985.

Amends the Illinois Vehicle Code. Requires law enforcement agencies impounding a vehicle to send a notice within 10 days after impoundment to the registered owner, lien holder or other person legally entitled to ownership of the vehicle, or if the identity of such persons cannot be determined within that 10 day period, then within 2 days after establishing the identity of the owner of the vehicle. (Ch. 95 1/2, par. 4-205)
Effective January 1, 1986.

Permits municipalities to authorize boating regattas and races on waters owned by them if they pass an ordinance permitting such activities and scheduling of the event. (Ch. 95)2, par. 315-10)
Effective January 1, 1986.

Allows referendum in cities to reduce aldermen from 2 to 1 per ward plus an additional number of aldermen, not to exceed the number of wards to be elected at large. (Ch. 24, par. 3-4-8)
Effective January 1, 1986.

Provides that it is a Civil Rights violation for a public employer to refuse to permit an employee who takes time off from work in order to practice his religious beliefs to engage in work, during hours other than such employees regular working hours when necessary, in order to compensate for work time lost for such religious reasons, provided that the employee is compensated at the same wage rate at which he is ordinarily

November 1985 / Illinois Municipal Review / Page 29

compensated and that the deferred work is consistent with the operational needs of the employer's. The employer may require the employee to provide notice to the employer of his or her intention to be absent from work not exceeding five days prior to the date of absence. (Ch. 68, pars. 2-101 and 2-102)
Effective January 1, 1986.

Creates the Environment Barriers Act and increases accessibility requirements on public facilities and multi-story housing units; exempts certain facilities and structures; and extends application of the act to structures "financed, in whole or in part, by a grant or loan made or guaranteed by a governmental unit" (e.g., industrial development bonds). (Ch. 111 1/2, rep. pars. 3701 through 3709)
Effective September 25, 1985.

Provides for the appointment of local historians by municipalities for the purpose of preparing and publishing local histories, preserving and protecting local historic records, artifacts and edifaces and documenting local current events. Provides requirements concerning provision of office space, financing and other requirements.
Effective January 1, 1986.

Allows municipalities and developers to extend expired 10 year annexation agreements to 20 years from date of original execution. (Ch. 24, par. 11-15.1-5)
Effective September 23, 1985.

Provides that certain unclaimed funds in municipal special assessment funds may be expended for any authorized public purpose. (Ch. 24, par. 9-1-9)
Effective January 1, 1986.

Provides that no public question may be submitted at an election at which no public officials are to be elected. (Ch. 46, pars. 28-1 and 28-5)
Effective January 1, 1986.

Purpose is to enhance the use of tax anticipation notes (TAN's) by municipalities. The Bill amends the ACT (1) to allow costs of issuance and interest costs to be included as a part of the debt, (2) to increase permissible interest rate that allowed for other similar municipal debt and (3) to allow the municipality refinance such a debt on a short-term basis if the anticipated taxes were not received when planned. (Ch. 85, pars. 822, 823,824.1,825)
Effective July 1, 1986.

Provides that an elected official of a local government or school district must be given time off from

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work without compensation to attend official meetings of the government. (New Act)
Effective January 1, 1986.

Raises mandatory municipal bid for amount of construction contracts to $5000. (Ch. 24, par. 8-9-1)
Effective January 1, 1986.

Authorizes local governments to include the cost of risk care management programs within the levy for tort liability purposes. (Ch. 85, par. 9-107)
Effective January 1, 1986.

Allows local governments to direct that amounts due them by the State be paid directly into a designated escrow account for repaying bonds. Amends the State Income Tax Act which provides for allocation and disbursement of a portion of those tax proceeds to Illinois municipalities. The purpose of the amendment to Section 13 of the Act is to permit a municipality, a county or any other taxing district to pledge anticipated income tax allocation proceeds to an escrow account for the purpose of repaying specific bonded indebtedness. (Ch. 85, new par. 617)
Effective January 1, 1986.

Purpose is to allow municipalities to prosecute appeals from regulatory action taken with respect to a particular liquor licensee on the basis of the record produced at the local hearing level rather than the present requirement that all such appeals be handled "de novo". Additionally provides that all hearings involving liquor licenses shall be open to the public. The provisions of House Bill 1510 are optional, allowing the municipality to prosecute the appeal in either of the aforementioned manners. (Ch. 43, pars. 149 and 153)
Effective January 1, 1986.

Authorizes a countywide 1/4 cent sales tax for county government that applies to businesses within municipality. (Ch. 34, new par. 406a)
Effective January 1, 1986.

Provides that police and fire layoffs or rank reductions must be based on seniority. Home rule authority is preempted. (Ch. 24, par. 10-2.1-18)
Effective September 21, 1985.

Requires new municipal waste incinerators to use Best Available Control Technology for emission control. Allows Environmental Protection Agency to adopt regulations. (Ch. im, par. 1003, new par. 1009.4)
Effective July 1, 1986.

Extends the privilege tax for the transfer of real

November 1985 / Illinois Municipal Review / Page 31

estate to the transfer of the beneficial interest in a land trust holding legal title to real estate. (Ch. 34, par. 1)
Effective January 1, 1986.

Provides that a municipality may designate a bond trustee to receive from the county collector amounts payable to the municipality as taxes levied pursuant to a bond issue. (Ch. 24, par. 3-10-1)
Effective September 19, 1985.

Expands local government powers to invest in corporate commercial paper. Establishes extensive new requirements for public treasurers and banks for investing in repurchase agreements. (Ch. 85, par. 902)
Effective July 1, 1986.

Increases mandatory firearm training for peace officers from 24 hours to 40 hours. (Ch. 85, par. 516)
Effective September 17, 1985.

Authorizes municipal treasurers to privately or commercially pool funds for investment purposes and to join with other municipalities for such investment purposes. (Ch. 24, par. 3-10-3)
Effective January 1, 1986.

Amends various sections of the Illinois Municipal Code relating to the Annual Treasurer's Report, requires details of expenditures made for personal services and a summary statement of operations for all funds and account groups of the municipality. Provides that the annual account of the treasurer must be filed within six months after the end of the fiscal year. (Ch. 102, pars. 5 and 6)
Effective September 20, 1985.

Allows municipalities to use hearing officers in zoning matters. Must establish position by ordinance. (Ch. 24, new par. 11-13-14.1; and Ch. 34, new par. 3158.1)
Effective September 25, 1985.

Creates the "Local Solid Waste Disposal Act" and allows municipalities or "Municipal Joint Action Agencies" to submit plans for the disposition of solid waste, establishes standards for such plans, and requires submission of annual reports to the Environmental Protection Agency. Expands various powers of municipalities to contract for disposal of solid waste. (New Act: Ch. 24, pars. 11-19-1 and 11-19-7; Ch. 34, pars. 417 and 418; Ch. 127, par. 743.2)
Effective January 1, 1986.

Changes election procedures regarding petitions to raise or lower a tax rate by referendum. (Ch. 46, pars. 10-10.1 and 28.2; Ch. 120, par. 643a)
Effective January 1, 1986.

Includes local governments under the provisions of the Illinois Wage Payment and Collection Act. (Ch. 48, par. 39m-1)
Effective January 1, 1986.

Specifies that a municipal clerk or deputy clerk in a city with territory in more than one county is a deputy registrar for the entire city even though portions of it may lie in more than one county. (Ch. 46, pars. 4-6.2 and 5.16-2)
Effective January 1, 1986.

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Allows property tax abatement by local governments for commercial firms, newly created or relocating in the State. Current law restricts such tax incentives to industrial firms. (See also SB 660) (Ch. 120, par. 643)
Effective January 1, 1986.

Authorizes units of local government to accumulate monies in a special reserved fund for the purpose of paying tax refunds. (New Act)
Effective August 23, 1985.

Authorizes municipalities to levy fines for liquor license violations. (See also HB 314) (Ch. 43, pars. 112 and 149)
Effective September 21, 1985.

Increases the monthly transfer from the Motor Fuel Tax Fund to the Grade Crossing Protection Fund from $500,000 to $1,000,000. (Ch. 120, par. 424)
Effective January 1, 1986.

Raises the maximum amount that a municipality may accumulate in a capital improvement fund to 3% of equalized assessed valuation. (Ch. 24, par. 8-2-9.5)
Effective January 1, 1986.

Authorizes distribution to municipalities and counties of the 1/12 local share of the State Income Tax raised by last year's Tax Amnesty program. The approximate amount to be distributed is $6.9 million. (New Act)
Effective August 12, 1985.

Allows municipalities to collect a $10 prosecution fee for each conviction of a violation of the Illinois Vehicle Code or municipal vehicle ordinance if prosecuted by a municipal attorney and the case is tried before a circuit or associate judge. Requires that the $10 fee be taxed as costs to be collected from the defendant and grants the municipality a lien for that fee against all judgments or fines procured in such prosecutions. (See also HB 40) (Ch. 53, par. 8)
Effective September 21,1985.

Requires Illinois Department of Transportation to issue permits before construction occurs in flood plains. Permits Department to adopt rules and regulations applicable thereto. (Ch. 19, pars. 65, 65f, 76 and 78)
Effective January 1, 1986.

Eliminates the $1000 minimum value of items of farm machinery on which no sales tax is paid. Exempts sale or use from any taxation. Legislation does not affect the ability of local government to reimpose taxes on these items. (Ch. 120,439.3,439.33,439.103 and 441)
Effective January 1, 1986.

Specifies that sureties on a bond required for contractors performing public works shall be subject to approval by the public entity involved. (Ch. 29, par. 15)
Effective January 1, 1986.

Provides that the boundaries of a municipality extend to the far side of any adjacent highway not included in any other municipality and shall include all of

November 1985 / Illinois Municipal Review / Page 33

every highway within the area incorporated. (Ch. 24, new pars. 2-2-15 and 2-3-18)
Effective January 1, 1986.

Amends the Local Governmental Tax Collection Act by deleting the requirement that taxing districts abate taxes if they elect to receive interest on collected but undistributed taxes. (Ch. 120, pars. 575,483.2e, 1804 and 1806)
Effective January 1, 1986.

Authorizes taxing districts to abate property taxes for commercial firms, newly created or relocating in the state. Such abatements are only presently permitted for industrial firms. (See also SB 214) (Ch. 120, par. 643)
Effective January 1, 1986.

Revises enforcement procedures in the Employee Access to Personnel Records Act. (Ch. 48, par. 2012)
Effective January 1, 1986.

Extends time period for municipalities to notify lessor of parking violations and extends the time period in which the lessor has to respond. (Ch. 95 1/2, par. 1306)
Effective September 14, 1985.

Changes the percentage retained by the State Treasurer to recover Department of Revenue costs of collection for various municipal taxes, including sales taxes, from 2% to 1.6% of the net amount collected. (Ch. 24, pars. 8-11-1, 8-11-5, 8-11-6, 8-11-7, 8-11-8 and 8-11-9)
Effective August 12, 1985.

Requires the State Comptroller to establish advisory guidelines for systems of accounting for local governments and to publish manuals and procedures in connection therewith. (New Act)
Effective September 3, 1985.

Enables municipalities to recover attorneys fees and court costs in addition to demolition costs when the municipality exercises its statutory powers in connection with the demolition of dilapidated properties. (Ch. 24, par. 11-31-1)
Effective January 1, 1986.

Permits public agencies to invest public funds in money market funds provided that the portfolio of such funds is limited to instruments guaranteed by the full faith and credit of the United States or agreements to repurchase such obligations. (See also HB 1641) (Ch. 43, par. 902)
Effective September 23, 1985.

Amends the Illinois Municipal Code to provide that water and sewer commissioners now appointed by a circuit court judge shall be appointed by the county board chairman. (Ch. 24, par. 11-136-2)
Effective September 13, 1985.

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