The Legislative Scene

Democrats retain control of State legislature

By Peter M. Murphy, Legal/Legislative Counsel

Predictably, the election results had little impact on the control of either the House or Senate. Speaker Michael Madigan (D-Chicago) was unable to achieve a "veto proof" House of Representatives and the length of Reagan's coattails proved far too short to appreciably enhance the Republicans' margins in either body.

On Nov. 26, the State Board of Elections released the official election proclamation which affirmed the results of all races. The Democrats hold an 18-seat edge in the House, 67-51, and a 3-seat margin in the Senate, 31-28. Last session the Democrats controlled the House with 70 members and the Senate with 33 members.

The General Assembly will have a total of 21 new members, 15 in the House and five in the Senate. The latter figure includes newly-elected Sen. Doris Karpiel (R-Bloomingdale), Judy Barr Topinka (R-Berwyn) and Ralph Dunn (R-DuQuoin) who served in the House last session. In addition, Sen. Terry Bruce's (Olney) victory over Congressman Dan Crane (R-Danville) will create a vacancy for the Senate seat in the 54th Legislative District.

In other congressional races, State Sen. John Grotberg (R-St. Charles) won in the 14th Congressional District and former State Sen. Harris Fawell (R-Naperville), IAPD general counsel, won election to the 13th Congressional District. Congratulations, Harris!

State Ethics Law amended

HB 2775, effective Jan. 1, establishes new guidelines for the filing of State ethics statements.

The Act applies to persons elected to office in units of local government, candidates for nomination or election to such office, and to all employees earning $35,000 or more per year.

The new provisions change the filing deadline to May 1, require written notice within seven days of failure to file by the specified date, and provide a $15 late filing fee. Officials will face a $100-a-day penalty after May 15. Failure to file by May 31 will result in forfeiture of office.

1984 ILLINOIS GENERAL ELECTION RESULTS U.S. Congress District Party Plurality 1 Charles A. Hayes D 177,438 2 Gus Savage D 123,484 3 Martin A. Russo D 64,145 4 George M. O'Brien R 53,197 5 William O. Lipinski D 45,488 6 Henry J. Hyde R 105,181 7 Cardiss Collins D 98,082 8 Dan Rostenkowski D 68,355 9 Sidney R. Yates D 75,266 10 John E. Porter R 95,521 11 Frank Annunzio D 55,653 12 Philip M. Crane R 114,045 13 *Harris W. Fawell R 79,980 14 *John E. Grotberg R 53,211 15 Edward R. Madigan R 94,580 16 Lynn Martin R 36,834 17 Lane Evans D 30,204 18 Robert H. Michel R 49,299 19 *Terry L. Bruce D 10,171 20 Richard J. Durbin D 53,364 21 Melvin Price D 42,898 22 * Kenneth J. Gray D 1.177 * new member Note: Plurality is the margin of victory.

Illinois Parks and Recreation 29 January/February 1985

Illinois Senate District Party Plurality 1 Howard W. Carroll, Chicago D 21,922 4 Dawn Clark Netsch, Chicago D 58,131 7 "Walter W. Dudycz, Chicago R 14,576 10 John A. D'Arco, Jr., Chicago D 38,332 13 Richard H. Newhouse, Jr., Chicago D 66,427 16 Charles Chew, Chicago D 67,525 19 * William F. Mahar, Jr., Homewood R 30,625 22 **Judith Baar Topinka, Riverside R 44,864 25 **Doris C. Karpiel, Roselle R 35,474 28 Bob Kustra, Glenview R 27,629 31 Adeline Jay Geo-Karis, Zion R 30,625 34 Joyce Holmberg, Rockford D 2,508 37 Calvin W. Shuneman, Prophetstown R 14,223 40 Aldo A. DeAngelis, Olympia Fields R 21,507 43 Jerome J. Joyce, Reddick D 12,332 46 Richard N. Luft, Pekin D 24,890 49 Vince Demuzio, Carlinville D 61,512 52 Stanley B. Weaver, Urbana R 25,082 55 Frank Watson, Greenville R 22,360 58 **Ralph Dunn, DuQuoin R 4,697 59 *Glen Poshard, Carterville D 8,005 * new member ** served in House of Representatives during 1983-84

Illinois House of Representatives District Party Plurality 1 Alan J. Greiman, Skolde D 11,156 2 William J. Laurino, Chicago D 9,206 3 Lee Preston, Chicago D 24,068 4 Woody Bowman, Evanston D 10,164 5 Ellis B. Levin, Chicago D 13,478 6 Bruce A. Parley, Chicago D 6,086 7 John Cullerton, Chicago D 12,432 8 Jesse C. White, Jr., Chicago D 7,183 9 Joseph Berrios, Chicago D 16,441 10 Myron J. Kulas, Chicago D 16,725 11 Steven G. Nash, Chicago D 8,287 12 Alfred G. Ronan, Chicago D 7,203 13 Ralph C. Capparelli, Chicago D 7,096 14 Roger P. McAuliffe, Chicago R 10,253 15 Robert LeFlore, Jr., Chicago D 18,517 16 *James A DeLeo, Chicago D 2,770 17 *Anthony L. Young, Chicago D 13,708 18 Arthur L. Turner, Chicago D 18,367 19 Douglas Huff, Jr., Chicago D 25,035 20 *Juan M. Soliz, Chicago D 13,186 21 John M. Vitek, Chicago D 14,772 22 Robert T. Krska, Chicago D 8,705 23 Larry S. Bullock, Chicago D 15,280 24 *Jerry Washington, Chicago D 23,271 25 Carol Moseley Braun, Chicago D 33,874 26 Barbara Flynn Currie, Chicago D 32,179 27 John J. McNamara, Oak Lawn D 790 28 James F. Keane, Chicago D 10,988 * new member

Congress adjourns without action on Recreation Act

On Oct. 24, President Reagan signed into law legislation to provide protection to local governments against suits seeking damages and attorneys' fees under the Clayton (Antitrust) Act. Previously, local governments were faced with the spector of treble-damage suits as the result of their anti-competitive practices.

Public Law 98-544 (HR 6027) may be cited as the "Local Government Antitrust Act of 1984" and is applicable to general purpose governments as well as special purpose governmental units established by State law. Thus, park, forest preserve and conservation districts fall squarely within its purview.

The National Outdoor Recreation Resources Review Commission Act, HR 2837 and S 1090, was sidelined during the 98th Congress. Although S 1090 had passed the Senate on Nov. 18, 1983, it, along with the House version (HR 2837), was held in the House Subcommittee on Public Lands and National Parks by Chairman John Seiberling (D-OH).

Seiberling's reluctance to move this legislation stemmed from a concern that the Administration's appointments would not be balanced with individuals of strong professional background in the subject matter. As a result, he feared such appointments undercut the potential effectiveness of the Commission.

Senate Bill 1090 called for a 21-member commission with seven members appointed by the Speaker of the House, seven by the President (pro tempore) of the Senate and seven, including the chairman, appointed by the President.

Seiberling has stated that the issue will be dealt with promptly in the next Congress. In the meantime, in a step endorsed by NRPA, the Department of the Interior will most likely recommend to President Reagan that the commission be established by Executive Order.

Illinois Parks and Recreation 30 January/February 1985

House of Representatives District Party Plurality 29 Andrew J. McGann, Chicago D 7,964 30 Michael J. Madigan, Chicago D 14,454 31 *Mary E. Flowers, Chicago D 32,273 32 Ethel Skyles Alexander, Chicago D 33,912 33 Nelson Rice, Sr., Chicago D 21,986 34 William "Bill" Shaw, Chicago D 22,243 35 Samuel Panayotovich, Chicago D 30,853 36 Howard B. Brookins, Chicago D 39,892 37 Loleta A. Didrickson, Flossmoor R 17,142 38 Jane M. Barnes, Palos Park R 35,135 39 Ralph Barger, Wheaton R 21,098 40 Gene L. Hoffman, Elmhurst R 17,813 41 Mary Lou Cowlishaw, Naperville R 29,504 42 Suzanne "Sue" Deuchler, Aurora R 27,701 43 *Jack L. Kubik, Forest Park R 11,871 44 *James R. Stange, Oak Brook R 20,326 45 Kathleen "Kay" Wojcik, Shaumburg R 24,986 46 Lee A. Daniels, Elmhurst R 25,730 47 John T. O'Connell, Western Springs D 2,836 48 Robert M. Terzich, Chicago D 7,966 49 * Terry R. Parke, Hoffman Estates R 11,265 50 Donald N. Hensel, West Chicago R 33,544 51 Ted E. Leverenz, Maywood D 10,160 52 * Linda-Jean M. Williamson, Northlake R 4,453 53 David Harris, Arlington Heights R 25,937 54 Bernard E. Pedersen, Palatine R 17,714 55 Penny Pullen, Park Ridge R 19,460 56 Aaron Jaffe, Skokie D 7,649 57 Margaret R. Parcells, Northfield R 21,778 58 * Grace Mary Stern, Highland Park D 1,007 59 Virginia Fiester-Frederick, Lake Forest R 34,499 60 William E. Peterson, Buffalo Grove R 35,345 61 John S. Matijevich, North Chicago D 7,481 62 Robert W. Churchill, Lake Villa R 10,078 63 Dick Klemm, Crystal Lake R 32,157 64 Ronald A. Wait, Belvidere R 29,887 65 Jill Zwick, East Dundee R 31,294 66 James M. Kirkland, Elgin R 14,786 67 John W. Hallock, Jr., Rockford R 33,165 68 E.J. "Zeke" Giorgi, Rockford D 12,581 69 Richard T. "Dick" Mulcahey, Durand D 10,621 70 Myron J. Olson, Dixon R 14,164 71 Joel Brunsvold, Milan D 30,346 72 M. "Bob" DeJaegher, Silvis D 6,771 73 A. T. "Tom" McMaster, Dahinda R 10,755 74 Richard A. Mautino, Spring Valley D 10,883 75 Peg McDonnell Breslin, Ottawa D 12,997 76 John W. Countryman, DeKalb R 6,736 77 Frank Giglio, Calumet City D 9,795 78 Terry A. Steczo, Posen D 7,982 79 Robert J. Piel, South Holland R 10,506 80 *Robert P. Regan, Park Forest South R 1,067 81 Thomas J. McCracken, Jr., Downers Grove R 31,105 82 J. Dennis "Denny" Hastert, Yorkville R 33,141 83 LeRoy Van Duyne, Joliet D 8,289 84 Jack Davis, New Lenox R 6,711 85 Ray A. Christensen, Morris D 2,751 86 Charles "Chuck" Pangle, Bradley D 5,452 87 Thomas W. Ewing, Pontiac R 31,345 88 Gordon L. Ropp, Normal R 28,929 89 Judy Koehler, Henry R 35,275 90 Sam Vinson, Clinton R 9,745 91 Thomas J. Homer, Canton D 31,131 92 Donald L. Saltsman, Peoria D 25,942 93 Fred J. Tuerk, Peoria R 34,262 94 Carl E. Hawkinson, Galesburg R 9,232 95 Kent Slater, Macomb R 9,126 96 Jeff Mays, Quincy R 4,246 97 Tom Ryder, Jerseyville R 2,612 98 Gary Hannig, Mt, Olive D 8,473 99 Michael D. Curran, Springfield D 11,352 100 Josephine K. Oblinger, Auburn R 11,585 101 John F. Dunn, Decatur D 10,482 102 Michael J. Tate, Decatur D 8,012 103 Helen F. Satterthwaite, Urbana D 9,770 104 Timothy V. "Tim" Johnson, Urbana R 29,375 105 Harry "Babe" Woodyard, Chrisman R 3,376 106 Michael "Mike" Weaver, Charleston R 4,071 107 Richard H. Brummer, Effingham D 28,864 108 Larry W. Hicks, Mt. Vernon D 3,170 109 Dwight P. Friedrich, Centralia R 3,427 110 *Bon Stephens, Caseyville R 3,440 111 Sam W. Wolf, Granite City D 31,063 112 Jim McPike, Alton D 27,349 113 Wyvetter H. Younge, East St. Louis D 15,776 114 Monroe L. Flinn, Cahokia D 7,861 115 *Charles Wayne Goforth, Tamaroa R 4,846 116 Bruce Richmond, Murphysboro D 29,173 117 James F. "Jim" Rea, Christopher D 17,432 118 *David D. Phelps, Eldorado D 4,880 * new member

Consolidated Election Schedule

First Tuesday in April (April 2, 1985)

1984
Tuesday, Oct. 23

First day to circulate nomination papers for nonpartisan candidates for park district boards.

Thursday, Nov. 15

First day notice of intention to file a petition to create a political subdivision whose officers are to be elected, rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory.

Note: If initial officers are to be elected at the election for creation of a new unit of government, candidates for such offices shall file nomination petitions 78 to 71 days before such election.

Friday, Dec. 14

Last day to file petition to create a political subdivision with the appropriate circuit court clerk.

Note: Objections can be filed on or before date of hearing with the appropriate circuit court clerk.

Saturday, Dec. 15

Last day notice of intention to file a petition to create a political subdivision whose officers are to be elected, rather than appointed, may be published in a newspaper of general circulation within the proposed territory.

1985

Monday, Jan. 14

First day for filing in the office of the local election official or election authority nomination papers for non-partisan candidates for park districts.

Note: Seven days written notice of the time and place for conducting lottery when 2 or more petitions are received simultaneously for the same office, as of the opening hour of the filing period, Jan. 14, 1985.

Illinois Parks and Recreation 31 January/February 1985

Monday, Jan. 14

Last day for filing of petitions for referenda for the submission of questions of public policy.

Saturday, Jan. 19

Last day to file objections to petitions for referenda for the submission of questions of public policy.

Monday, Jan. 21

Last day for filing in the office of the local election official or election authority nomination papers for non-partisan candidates for park districts.

Monday, Jan. 21

Last day for filing a Statement of Economic Interests with the county clerk as required by the Illinois Governmental Ethics Act. The receipt must be filed with the local election official or election authority who received the nomination papers.

Saturday, Jan. 26

Last day for filing objections to nomination papers in the office of the local election official or election authority.

Sunday, Jan. 27

Last day for local governing boards to adopt a resolution or ordinance to allow questions of public policy as authorized by law to appear on the ballot.

Thursday, Jan. 31

Last day candidate may file withdrawal of candidacy in the office of the local election official or election authority.

Thursday, Jan. 31

Last day for circuit court clerk and the local election official to certify any question of public policy to each election authority having jurisdiction over the political subdivision.

Thursday, Jan. 31

Last day for local election official, excluding township clerks, to certify offices and candidates to the election authority.

Tuesday, Feb. 5

Last day lottery for ballot position shall be conducted by the local election official or election authority when two or more petitions are received simultaneously for the same office, as of the opening hour of filing period, Jan. 14, 1985.

Thursday, Feb. 21

First day for any registered voter presently within the confines of the United States who expects to be absent from his county of residence on election day to make application by mail, or in person, to the election authority for official ballot.

Sunday, March 3

First day for election authority to publish notice of Consolidated Election and notice of referenda.

Saturday, March 23

Last day for election authority to publish notice of Consolidated Election and notice of referenda.

Thursday, March 28

Last day for election authority to receive application by mail from any registered voter who expects to be absent from his county of residence on election day, and the last day for the election authority to mail such ballot.

Monday, April 1

Last day for election authority in counties having a population under 500,000 to publish a list of all the nominations that are to be voted on at the consolidated election.

Tuesday, April 2

Consolidated Election

Thursday, April 4

Last day for election authority to transmit election results to local election officials (two days after election authority receives complete returns. Boards of Election Commissioners canvass for municipalities.)

Friday, April 5

Last day for local election officials to transmit election results to canvassing board (24 hours after local election official receives results).

Tuesday, April 9

Last day for canvassing of election results by local canvassing board and the proclamation of winners.

After Proclamation:

The election authority shall issue a certificate of election to each person declared elected to an office by such local canvassing board.

Within five days after the last day for proclamation, petitions for discovery recount may be filed by any qualified individual.

Illinois Parks and Recreation 32 January/February 1985

Supreme Court ceremony honors past IAPD president

MARVIN F. BURT (1905-1983), a past president of the Illinois Association of Park Districts (IAPD) and a justice on the Illinois Supreme Court, was eulogized during a recent memorial service at the Supreme Court chambers in Springfield.

Burt was born in Freeport, IL on Nov. 20, 1905. He graduated from Freeport High School and received his bachelor's degree from Harvard University. He received his law degree in 1931 from what is now Chicago-Kent College of Law.

Marvin F. Burt

Burt began his practice of law in Freeport (1931-1959). He served as city attorney for the City of Freeport and as a master in chancery of the Circuit Court of Stephenson County.

From 1945 to 1952, Burt was a State representative. In 1952, he was elected to the State Senate. There he headed the Illinois Commission on Care of Alcoholics and actively worked to establish better treatment programs for alcoholics, especially those confined to State mental institutions. During the mid'-50s, Burt was head of the Senate Republican Caucus.

Burt was elected to serve as chief judge of the 15th Judicial Circuit in 1960. In October, 1969, he was appointed to the State Supreme Court to fill a vacancy with the understanding that he would not subsequently seek the seat. He served on the Court until Dec., 1970.

Burt was a member of IAPD for 25 years, serving one term as its president (1957-58). He helped establish the Jane Addamsland Park Foundation and the Pecatonica Prairie Path, and served as president of both groups. In 1977, he received the IAPD's Presidential Award for his 23 years of service to the Freeport Park District and for the betterment of parks and recreation in Illinois.

Jon W. DeMoss, president of the Illinois State Bar Association, participated in the special memorial service honoring Burt and former Justice John Culbertson. Quoting from Daniel Webster, DeMoss read:

"Justice is the great interest of man on earth. It is the ligament which holds civilized beings and civilized nations together. Wherever her temple stands, and so long as it is duly honored, there is a foundation for social security, general happiness, and the improvement and progress of our race. And whoever labors on this edifice with usefulness and distinction, whoever clears its foundations, strengthens its pillars, adorns its entablatures, or contributes to raise its august dome still higher in the skies, connects, himself, in name, and fame, and character, with that which is and must be as durable as the frame of human society."

EDITORS' NOTE: The following material is from Accountant's Weekly Report, prepared and published by Prentice-Hall, Inc., © 1984 by Prentice-Hall, Inc., Englewood Cliffs, NJ 07632. Reprinted by permission of the publisher. New Ruling Allows Deduction for Cost of Serving in Local Government Taxpayers who serve their communities part-time in an official capacity — town councils, planning boards and the like — are often out of pocket. These positions usually pay little or nothing at all. A taxpayer can deduct the expenses incurred while performing the civic duties — travel expenses, secretarial costs, office supplies and so on — even if they exceed his or her own income from the office. This deduction is not new. What is new, however, is the type of deduction it is. NEW RULING The Government says that the expenses of an office-holder are deductible business expenses — even though he may earn little or nothing from this business [Rev. Rul. 84-110, IRB 1984-30]. In the past, the Government had ruled that if a public official's expenses exceed his salary, the excess was deductible as a charitable contribution. But now the Government has changed its mind: The expenses are business expenses — deductible in full, even though they exceed the taxpayer's income as an official.

Illinois Parks and Recreation 33 January/February 1985