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Legal/legislative Scene Legislature endorses Museum Tax hike By Peter M. Murphy Legal/Legislative Counsel The closing hours of the legislative session bode well for Illinois park districts, as the legislature endorsed amendments to HB 3653 which increased the Museum Tax for Illinois park districts from three cents per $100 of assessed value to seven cents. Any increase over the previous three-cent ceiling will be subject to backdoor referendum provisions. (See the accompanying roll calls for your legislator's vote.)
The Illinois House and Senate also endorsed HB 4282 which provides that the one percent tax on the daily handle bet of off-track betting parlors operating as of May, 1988, will be split three ways: two-sevenths going to the Department of Commerce and Community Affairs in order to promote attendance at race tracks, one-seventh going to fund agricultural extension programs, and four-sevenths going to park districts which operate a museum in the territory where a betting parlor is located. The receipts from betting parlors opened after May 15, 1988, will go to the Chicago Park District's museum system.
Forest preserves
Bond marketing
It will be reported on in detail during the upcoming Legal Symposium on September 29 at the McDonald Corporate Lodge in Oak Brook.
Other issues
HB 812 Steczo — Requires park districts intending to annex territory, under Sections 3-2 and 3-9 of The Park District Code, to publish notice not less than 30 days nor more than 45 days of their intent to annex such territory.
HB 2887 McNamara-Panayotovich — Enacts the Property Tax Limitation Act of 1988. Provides that the amount of the property taxes extended for any taxing district in any calendar year may not exceed the property taxes extended for that taxing district for the immediately preceding calendar year increased by the percentage of increase in the federal Consumer Price Index for the immediately preceding calendar year.
HB 2912 Farley — Amends the Revenue Act of 1939 to increase the General Homestead Exemption from $3,500 to $4,000 beginning on Jan. 1, 1988.
HB 2913 Keane — Requires local governments to include within their Truth In Taxation publication information relating to their tax levy for debt service.
HB 2914 Capparelli — Amends The Truth in Taxation Act to change the application of the Act to include all increases, to change the procedures required of the taxing district, and to require a three-fifths majority vote of the taxing district for levies which are more than 110 percent of the prior year's levy, and to require a referendum on all tax levies which are more than 115 percent of the levy of the preceding year. Also amends the Revenue Act of 1939 to prohibit the county clerk from extending a tax levy of a taxing district which is in violation of The Truth in Taxation Act.
HB 3028 Black-Hicks — Amends the State Employees Group Insurance Act of 1971. Provides that units of local government may apply to director of Central Management Services (CMS) to have employees and dependents covered under the Act, the cost of coverage to be paid by the unit of local government.
Illinois Parks and Recreation 18 July/August 1988
HB 3039 Peterson, W. and Wojcik — Amends the Illinois Municipal Code and the Public Utilities Act. Exempts units of local government and school districts from municipal utility taxes. Prohibits municipalities from imposing home rule utility taxes on transactions involving units of local government and school districts.
HB 3073 Hensel — Amends an Act to create forest preserve districts in counties under 3,000,000. Eliminates the power of a district under 600,000 to acquire an easement for a linear park or trail or in land contiguous to an existing park or preserve without the concurrence of the muncipality within which the land is situated. HB 3085 Savickas — Amends the Civil Service In Park Systems Act and The Chicago Park District Act to eliminate any set term for the Chicago Park District secretary, treasurer, general superintendent and superintendent of employment. Allows the Chicago Park District to self-insure. Increases the number of commissioners from five to seven, the two additional commissioners to be appointed by the mayor within 30 days. The five current commissioners remain in office.
Requires the commissioners of the Chicago Park District to annually provide a report and a financial statement of the district's operations, assets and liabilities to the Chicago City Council. Effective immediately. HB 3150 McPike — Funds the Build Illinois program and, as part of such, appropriates $1 million to the Illinois Department of Conservation for Open Space Lands Acquisition and Development (OSLAD) grants.
In addition, the bill appropriates $500,000 for the acquisition and management of natural heritage lands, including natural areas; $1 million for the acquisition and the development of habitat lands, including forest, wildlife habitat and wetlands; and $500,000 for payment to the Natural Heritage Endowment Trust Fund.
HB 3189 Wennlund — Amends The Park District Code to provide that bond limitations are computed by aggregating only the principal amounts outstanding.
HB 3206 Mays-Daniels-Tate — Makes appropriations from various funds for the Build Illinois Program. Effective July 1, 1988.
HB 3286 Novak — Provides that in counties with a population of 125,000 or less, territory coterminous with a county or municipality may disconnect from a forest preserve district upon petition of five percent of the legal voters and referendum within the territory seeking disconnection.
HB 3310 Hallock — Amends The Park District Code to allow park districts to lease property to others if the property will be used primarily for recreational purposes, if the property will be open to the public subject to reasonable fees, and if the park board finds the use of the property is compatible with the purposes of the park district. Effective immediately. HB 3338 Cullerton — Used as a legislative vehicle to increase the Real Estate Transfer Tax 25 cents per $500 of value in order to fund the OSLAD program.
Amendment Number 3, offered by Sen. David Barkhausen (R-Lake Forest) on June 16, lost on a verified roll call 26-26, and amendment Number 8, offered by Sen. Barkhausen on June 24 (identical to amendment 3), lost on a vote of 27-27.
HB 3524 Keane Establishes a uniform date for filing of tax levies, and provides that the equalized assessed value for the extension of the levy for 1988 and subsequent years be the equalized assessed value for the year immediately prior to the levy year. (Note: This legislation would have had a negative revenue loss of $16 million for park districts across the State.)
HB 3528 Pullen — Amends the Illinois Municipal Code. Prohibits municipalities from imposing a tax or surcharge based on or added to fees imposed by a park district. Preempts home rule. Effective immediately.
HB 3634 Stange — Amends The State Mandates Act relative to excluded mandates and fiscal notes on bills, amended bills and conference committee reports. Provides that language in an Act excluding reimbursement is void unless supported by required fiscal note information. Requires fiscal notes on amended bills and conference committee reports which create or expand a State mandate. Effective immediately.
HB 3694 Farley — Amends the Minimum Wage Law to fix the rate of the Illinois minimum wage for employees 18 years or older at the rate established by the federal Fair Labor Standards Act of 1938, as amended or modified. Permits employees under 18 years of age to be paid 50 cents less per hour than such rate established by federal law.
HB 3708 Wennlund — Amends the Illinois Municipal Code and The Park District Code. Prohibits municipalities and park districts from using certain procedures to annex territory unless at least one-third of the territory is used for residential, recreational or open space purposes at the time of the annexation.
HB 3811 Steczo — Amends the Open Space Lands Acquisition and Development Act, the Real Estate Transfer Tax Act and the State Finance Act. Creates a fund in the State treasury into which revenue from the Illinois Real Estate Transfer Tax is to be deposited. (Present law provides that such revenue be deposited into the General Revenue Fund.) Provides that monies in the fund shall be appropriated only for purposes of the Open Space Lands Acquisition and Development Act. Illinois Parks and Recreation 19 July/August 1988
SB 1519 Joyce, Jeremiah — Amends the Revenue Act of 1939 and the State Mandates Act to provide that the equalization factor for all assessment years beginning with 1987 shall not exceed that factor for assessment year 1985. Exempts from the State Mandates Act. Effective immediately.
SB 1567 Joyce, Jerome — Amends the Environmental Protection Act. Requires all beverage containers to be returnable and to have a refund value of at least 10 cents. Requires the distributor to pay the retail dealer an additional two cents for each container redeemed.
SB 1904 Woodyard — Amends the Motor Fuel Tax Law to eliminate park districts, forest preserve districts and conservation districts from receiving motor fuel tax money.
SB 1916 Berman — Creates the Illinois Shoreline Relief Act. Directs the Illinois State Geological Survey Division of the Department of Energy and Natural Resources to study the impact of ice and other erosion factors on the Lake Michigan shoreline. Requires the report to be submitted to the Governor and General Assembly by Jan. 1, 1989. Effective immediately.
SB 1952 Dunn, Thomas — Amends The Park District Code. Provides that a district may not annex territory within a municipality that has a recreation department.
SB 1956 (Amendment 4 offered by Alfred Ronan in the House) — Attempts to clarify the ability of park, forest preserve and conservation districts to receive allocations from the Motor Fuel Tax fund. (See the accompanying roll calls for your legislator's vote.)
SB 1977 Luft-Maitland — Creates the Responsible Property Transfer Act concerning disclosure statements on the transfer of real property. If you need either additional information or copies of any legislation, contact Peter M. Murphy, Legal/Legislative Counsel, Illinois Association of Park Districts, 211 E. Monroe St., Springfield, IL 62701. Phone (217) 523-4554.
Porter continues support for conservation issues; U.S. Congressman John Porter (R-Deerfield) is once again rallying to the aid of park, recreation, conservation and forest preserve agencies by signing on as a co-sponsor of the American Heritage Trust Act (H.R. 4127). The legislation, introduced by Rep. Morris Udall (D-AZ), creates an endowed, self-sustaining fund to ensure a minimum of $1 billion per year for federal, state and local acquisition, and state and local facility development and rehabilitation. It would successfully implement the principal recommendation of the President's Commission on Americans Outdoors. Specific provisions In his response to Ted Flickinger, executive director, Illinois Association of Park Districts (IAPD), Porter further explained the specifics of H.R. 4127: H.R. 4127 creates a trust fund that is dedicated to responsible stewardship of our nation's recreational resources. The fund is comprised of revenues realized from the ongoing liquidation of our nation's natural resources. The majority of this money will come from the leasing of off-shore oil and gas fields, and the sale of surplus government-owned real estate. Off-shore leasing and land sales will not be accelerated, but a portion of their proceeds will be dedicated to the American Heritage Trust Fund.
The proceeds of this trust will be used to develop and preserve the nation's historical, natural and cultural heritage. The principal of the fund will remain untouched, and will provide a perpetual source of income to meet the needs of the trust. . . . The American Heritage Trust would consolidate these two programs (the Land and Water Conservation Fund and the Historic Preservation Fund), and insure that our nation's natural and historic resources are safeguarded for future generations. Conservation awareness Porter also reiterated his overall support for the preservation of the country's natural resources. He is currently co-sponsoring H.R. 1516 to end the destructive harvesting of timber in the Tongass National Forest in Alaska, and H.R. 3588 to designate the Smith River in California a Wild and Scenic River so it cannot be developed. In addition, Porter supported passage of the Endangered Species Act amendments of 1987. Earlier this year, Porter was honored by the Great Lakes Regional Council of the National Recreation and Park Association (NRPA) as Legislator of the Year. Congressional support Other members of Illinois' Congressional delegation co-sponsoring H.R. 4127 include Frank Annunzio (D-Chicago), Terry Bruce (D-Olney), Cardiss Collins (D-Chicago), Jack Davis (R-Joliet), Lane Evans (D-Moline), Harris Fawell (R-Hinsdale), Charles Hayes (D-Chicago), William Lipinski (D-Chicago), Edward Madigan (R-Bloomington), Gus Savage (D-Chicago) and Sidney Yates (D-Chicago). Illinois Parks and Recreation 20 July/August 1988
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Y — Yes Illinois Parks and Recreation 21 July/August 1988 How did your representative vote?
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Illinois Parks and Recreation 22 July/August 1988
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