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By Peter M. Murphy, Legal/Legislative Counsel The Illinois General Assembly finally adjourned on July 8 after an intensive battle over the projects to be included in the Build Illinois appropriation bill. Among the projects approved was a $4.6 million appropriation for the Open Space Lands Acquisition and Development Fund.
In addition, this session was extremely fruitful for park and recreation issues. Every proposal on the Association's platform successfully passed both Houses. Educational reform and malpractice limitations were major issues passed this year. Also approved were measures affecting public utilities and strengthening drunk driving laws. The session also sounded the death knoll on various proposals, including funding for a 1992 Chicago World's Fair in Chicago, repeal of the mandatory seat belt law and efforts to restrict smoking in public places. Statewide tax increases included a five percent tax on the sale of used cars between individuals in order to fund Build Illinois, and two new taxes to fund educational reform. The first was an eight-cent per pack tax on cigarettes and the second a five percent message tax on interstate telephone calls. Counties also received authority to levy a 1/4 cent sales tax. Finance Several important developments took place in the area of finance. Illinois governments now have to contend with the "Local Government Prompt Payment Act" (H.B. 467). Briefly, the Act requires bills for goods or services to be approved or disapproved within 30 days of receipt and paid 30 days after approval. If payment is not made within the 30-day period, an interest penalty of 1 percent attaches for each month until final payment is made. The Public Funds Investment Act was amended to delete the limitation preventing not more than 25 percent of the total average balances from all funds at the end of each month to be invested in short-term obligations. Senate amendment one to the bill outlined requirements for repurchase agreements purchased by public entities. Good news for those charged with the responsibility for preparing statements of receipts and disbursements came in the form of H.B. 1785. The bill extends the deadline for filing from 90 days after the expiration of the fiscal year to six months. Further, where monies are paid out for goods, only total expenditures exceeding $1,000 per individual must be itemized. All monies paid out for personal services, however, must still be set out by individual, account and amount paid. The amendment also requires a summary statement of operations for all funds and account groups as excerpted from an agency's annual financial report. On a permissive basis only, S.B. 1041 requires the comptroller to establish advisory guidelines for systems of accounting for all units of local government except schools. Utility rates House Bill 18, sponsored by Rep. Thomas Homer (D-Canton), caps the regressive State utility tax, which has grown into the State's third largest source of tax revenue. The rate of taxes is changed to the lesser of five percent of gross receipts or 2.4 cents per them and .32 per kilowatt hour. The bill is expected to cut State revenues by $20-25 million in the second half of Fiscal Year 1986. House Bill 811, also sponsored by Homer, adds a provision to the Code of Civil Procedure limiting refunds of taxes illegally or unconstitutionally collected or paid by public utilities to a period beginning three years prior to the filing of a complaint or administrative action. Fitness This year the General Assembly, reacting to local incidents, pushed through legislation designed to enhance the safety of participants in two types of recreational activities. The first (H.B. 112) requires a physical fitness center to have available on its premiss, during all times physical fitness activities take place, at least one person with certified CPR training. Although local governmental Illinois Parks and Recreation 28 September/October 1985 units were previously exempted from the "Physical Fitness Services Act," the amendment extends its requirement to governmental and non-profit entities. Swimming pools were the second area regulated this year. Persons cannot be prohibited from using a life jacket in a pool if they have a statement from a licensed physician indicating that they suffer from a physical disability or condition necessitating the use of a life jacket (H.B.2113). Open meetings The House passed legislation which allows local governmental units to discuss the acquisition or sale of real estate in a closed meeting. However, all final action would be taken in public. Unfortunately, the Senate killed this bill in its Executive Committee. (Currently, only meetings to discuss acquisition can be closed.) Disabled persons House Speaker Michael Madigan initiated a package of legislation this session designed to substantively address the concerns of disabled persons. One of the most important measures passed was the Environmental Barriers Act. This charged the Capital Development Board with the responsibility to adopt accessibility standards for all public facilities. The standards not only apply to new construction, but also come into play when alterations are undertaken. If alteration costs are more than 15 percent but less than 50 percent of the reproduction cost of the facility, then the part being altered and a means of ingress and egress intended for public use must comply. If the alteration exceeds 50 percent of the cost, then the entire facility must comply with the standards. Any governmental unit which is leasing a building not in compliance must terminate such lease or use by Jan. 1, 1990.
Illinois Parks and Recreation 29 September/October 1985 |
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