Synopsis of New Laws Enacted
Affecting Municipal Government
86th General Assembly — 1990
By ROGER HUEBNER, Director of Legislative Programs
The following information contains a synopsis of
legislation adopted by the General Assembly in 1990
affecting municipalities. The bills are listed in numerical order. The synopsis gives the bill nurnber, subject
matter, public act number and a brief explanation of
the bill.
The information has been condensed significantly
and the full bill should be reviewed with your corporation counsel to determine its application to your municipality. The League will assist you with any questions
pertaining to this information.
The League thanks you for your continued support
and looks forward to working with you in the 1991
Legislative Session.
INDEX
Bill #........................................................................ Public Act #
HB 2389 Workers Compensation ...................... 86-1405
HB 2619 Backdoor Referenda Requirements............ 86-1253
HB 2697 Impact Fees/I Hazardous Buildings............. 86-1158
HB 3024 Local Government Fiscal Emergency .......... 86-1211
HB 3090 Double Barrelled Bonds/Local Government
Miscellaneous Changes....................... 86-1179
HB 3099 Arterial Roads .............................. 86-1229
HB 3152 Enterprise Zones ............................ 86-1456
HB 3183 Recycled Newsprint Act ..................... 86-1443
HB 3284 Conflict of Interest .......................... 86-1271
HB 3324 Rural Bond Bank ............................ 86-1185
HB 3337 Drug Free Workplace........................ 86-1459
HB 3350 Annexation/Boundary Line Agreements. ....... 86-1169
HB 3406 Retiree Health Insurance ..................... 86-1444
HB 3426 EPA/Sclect Incinerator Postponement ......... 86-1239
HB 3509 Mayor Judicial Standing (Liquor Control Act) . . 86-1279
HB 3610 Drug Asset Forfeiture........................ 86-1382
HB 3656 Stormwater Management .................... 86-1463
HB 3682 "9-1-1" Amendments ......................... 86-1344
HB 3721 Local Tourism Account ...................... 86-1426
HB 3795 Coterminous City/Townships ................ 86-1299
HB 3842 Plat Act Amendments ........................ 86-1349
HB 3843 Jury Trial Cost.............................. 86-1386
HB 3868 Cable Television ............................ 86-1410
HB 3870 Police/School Playgrounds ................... 86-1304
HB 3896 Graphic Arts/Revenue Code.................. 86-1306
HB 4190 Toll Highway Authority ...................... 86-1164
SB 1571 Maintenance Agreements/Revenue Code ....... 86-1394
SB 1657 Public Building Commission .................. 86-1215
SB 1704 Firefighter Shift Trades/Statewide
Union Officers .............................. 86-1395
SB 2052 Building Code Violations ..................... 86-1202
SB 2109 ESDA Earthquake Program ................... 86-1205
SB 2222 Various Municipal Code Modifications ......... 86-1470
SB 2253 EPA/Solid Waste ............................ 86-1363
SB 2306 Ordinance Violations......................... 86-1364
HOUSE BILLS
HB 2389 WORKERS COMPENSATION
PUBLIC ACT 86-1405
Amends Worker's Compensation Act, the Local Governmental
and Governmental Employees Tort Immunity Act and the Intergovernmental Cooperation Act. Requires local public entities and public
agencies to report to the Industrial Commission indicating an election
to self-insure for liability under the Worker's Compensation Act and
the Worker's Occupational Diseases Act. The report must be filed
within 30 days after January 1, 1991, and each January 1, thereafter.
Effective September 9, 1990.
HB 2619 BACKDOOR REFERENDA REQUIREMENTS
PUBLIC ACT 86-1253
Amends various Acts to require that notices published prior to
back door referenda include notice of (1) the specific number of
voters required to sign a petition requesting that a question be submitted to the voters of the political subdivision; (2) the time in which the
petition must be filed; and (3) the date of the prospective referendum. The political subdivision clerk or secretary shall provide a
petition form to any individual requesting one. Effective January 1,
1991.
HB 2697 IMPACT FEES/HAZARDOUS BUILDINGS
PUBLIC ACT 86-1158
Amends the Highway Code with respect to impact fees. Allows a
home rule unit with a population over 75, 000 and located in a county
with a population over 600, 000 and less than 2, 000, 000 to bring its
impact fee ordinance or resolution into conformance with State law
not more than 18 months (now 12 months) from July 26, 1989. Further
provides that impact fees collected due to impact of new development upon State roads must be allocated for expenditure for improvements to those State roads.
Amends the Municipal Code and the Revenue Act. Provides that a
court may order (rather than authorize) a municipality to demolish,
remove materials from, repair or enclose a building or cause such
January 1991 / Illinois Municipal Review / Page 13
action to be taken. Imposes a lien against property for the cost of such
action in favor of a municipality as well as persons. Makes changes
concerning redemption of property, acquired by a municipality upon
enforcing its lien, after tax sale. Effective August 10, 1990.
HB 3024 LOCAL GOVERNMENT FISCAL EMERGENCY
PUBLIC ACT 86-1211
Creates the Local Government Financial Planning and Supervision Act to assist units of local government under 25, 000 population
which are experiencing fiscal emergencies. Also amends the Illinois
Municipal Code to create the Financially Distressed City Law under
which a financial advisory authority is established to exercise financial control over the financial affairs of financially distressed cities.
Amends the Illinois Development Finance Authority Act to provide
for issuance of the Authority's bonds in implementation of a financially distressed city assistance program. Effective January 1, 1991.
HB 3090 DOUBLE BARRELLED BONDS/LOCAL
GOVERNMENT MISCELLANEOUS CHANGES
PUBLIC ACT 86-1179
Extensive legislation containing the following municipal provisions: Specifies that downstate police and fire pension trustees may
use conflict of interest exemptions in the Public Officer Prohibited
Activities Act. Amends the Vehicle Code to allow counties and municipalities to regulate traffic in or near church parking areas. Amends
the Local Government Debt Reform Act to make changes concerning
double-barrelled bonds by requiring the published notice to include a
statement that identifies the revenue source that will be used to pay
off the bonds and changes the back door signature requirements from
15 percent within 21 days to the greater of (i) 7.5 percent or (ii) the
lesser of 200 voters or 15 percent within 30 days. Effective August 17,
1990.
HB 3099 ARTERIAL ROADS
PUBLIC ACT 86-1229
Amends the Illinois Highway Code. Provides that the highway
commissioners in a single township road district may designate certain roads as vital upon approval by the county superintendent of
highways after notice and hearing. Provides that the county must give
written approval of the closing of any road designated as arterial.
Effective January 1, 1991.
HB 3152 ENTERPRISE ZONES
PUBLIC ACT 86-1456
Amends the Retailer's Occupation Tax Act to change from an
absolute requirement to an alternative requirement the retention of at
least 90 percent of the jobs in place when a taxpayer is granted an
Illinois Enterprise Zone exemption from the tax on tangible personal
property used or consumed in operating pollution control facilities or
in manufacturing. Exempts personal property used in an enterprise
zone for graphic arts production from taxation under the Retailers'
Occupation Tax Act. Authorizes 7 additional Enterprise Zones in
1990. Effective January 1, 1991.
HB 3183 RECYCLED NEWSPRINT ACT
PUBLIC ACT 86-1443
Creates the Recycled Newsprint Use Act. Requires the use of
recycled newsprint by each newspaper published and distributed in
this State and by out of state newspapers. Creates the Used Motor Oil
Recycling Act. Requires a feasibility study of State Collection and
disposal assistance program for waste oil to be conducted by the
Department of Energy and Natural Resources. Effective November
29, 1990.
HB 3284 CONFLICT OF INTEREST
PUBLIC ACT 86-1271
Provides that the 7 1/2 percent conflict of interest provisions apply to
municipal officials, treasurers, and financial officers pertaining to
investments in which they may invest public funds. Effective January
1, 1991.
HB 3324 RURAL BOND BANK
PUBLIC ACT 86-1185
Amends the Illinois Rural Bond Bank authorized indebtedness
from $50 million to $100 million. Changes provisions relating to the
Bank's inability to meet its debts. Updates references to certain local
tax statutes. Effective August 27, 1990.
HB 3337 DRUG FREE WORKPLACE
PUBLIC ACT 86-1459
Creates the Drug Free Workplace Act. Requires grant recipients
or contractors with the State to insure drug free workplaces. Effective January 1, 1991.
HB 3350 ANNEXATION/BOUNDARY LINE AGREEMENTS
PUBLIC ACT 86-1169
Amends the Municipal Code. Provides that, in the absence of a
boundary line agreement between municipalities concerning annexation of unincorporated territory, the Code provisions concerning
such agreements shall not be construed as a limitation on a municipality's power to annex territory. Provides that this amendatory Act is
declarative of existing law and shall not be construed to modify or
create powers of a municipality not already in existence. Amends the
Municipal Code concerning annexation agreements with the owners
of unincorporated territory. Provides that the territory is subject to
the ordinances, control, and jurisdiction of the municipality; that lack
of contiguity does not affect the validity of any agreement; that the
land may be annexed as provided in Article 7 of the Code at the time
the land is or becomes contiguous; and that the amendatory Act is
declarative of existing law. Effective January 1, 1991.
HB 3406 RETIREE HEALTH INSURANCE
PUBLIC ACT 86-1444
Amends the Insurance Code in relation to the firelighter's group
health insurance continuation privilege. Allows election of continued
coverage in addition to medicare coverage. Amends the State Mandates Act to require implementation without reimbursement.
Amends the Insurance Code to require that group accident and health
insurance policies covering IMRF employees allow those employees
to elect continued group insurance coverage for an employee's retirement or disability period. Exempt this requirement from State
reimbursement under the State Mandates Act. Effective January 1,
1991.
HB 3426 EPA/SELECT INCINERATOR POSTPONEMENT
PUBLIC ACT 86-1239
Amends the Environmental Protection Act providing that from
the effective dace of this amendatory Act until December 31, 1991, no
permit shall be issued for a new hazardous waste incineration facility
unless the facility is part of a State or federally designated clean-up
action. Effective September 4, 1990.
Page 14 / Illinois Municipal Review / January 1991
HB 3509 MAYOR JUDICIAL STANDING
(LIQUOR CONTROL ACT)
PUBLIC ACT 86-1279
Amends the Liquor Control Act. Provides that judicial review of a
final administrative decision of the State Commission may be requested by any party in interest, including the local liquor control
commissioner. Further provides that if a licensee appeals a decision
of the local commission to the State Commission, the licensee shall
continue in business pending the State Commission's decision and
pending a rehearing. Effective January 1, 1991-
HB 3610 DRUG ASSET FORFEITURE
PUBLIC ACT 86-1382
Creates the Drug Asset Forfeiture Procedure Act. Requires forfeiture of property which is attributable or facilitates the manufacture,
sale, transportation, distribution, possession or use of controlled substances. Amends the Criminal Code of 1961,'the Cannabis Control
Act and the Illinois Controlled Substances Act to conform policies
and procedures with the Drug Asset Forfeiture Procedure Act. Effective September 10, 1990.
HB 3656 STORMWATER MANAGEMENT
PUBLIC ACT 86-1463
Amends the Counties Code concerning stormwater and floodplain management: authorizes revenue bonds; allows county regulation of location, width, and course; allows a county to share costs with
a subdivider; authorizes a tax to be levied for management programs
and facilities; authorizes permit and detention tees and service
charges; and makes other changes. Repeals the Floodplain Land and
Property Acquisition Law. Creates 7 stormwater management planning councils with membership appointed by mayor and county
board respectively. Effective December 12, 1990.
HB 3682 "9-1-1" AMENDMENTS
PUBLIC ACT 86-1344
Amends the Emergency Telephone System Act. Provides that the
monthly surcharge imposed by telecommunication carriers to fund
the 9-1-1 emergency system shall be imposed for each network connection instead of for each subscriber. Permits any municipality or
county to issue bonds, notes or other obligations secured in whole or
in part by the proceeds of the surcharge authorized by this amendatory Act and states that the State will not limit or alter those rights.
Requires that any monies collected pursuant to the Section will be
held in trust and are not subject to the claims of creditors of the
telecommunication carrier. Effective November 1, 1990.
HB 3721 LOCAL TOURISM ACCOUNT
PUBLIC ACT 86-1426
Amends the State Finance Act. Changes the excess amount which
may be credited from the Build Illinois Fund to the Convention and
Local Tourism Bureau Account from $5, 000, 000 to 88, 000, 000. Effective January 1, 1991.
HB 3795 COTERMINOUS CITY/TOWNSHIPS
PUBLIC ACT 86-1299
Amends an Act concerning townships. Defines a "coterminous
city". Clarifies procedures for annexation by coterminous city-
townships and permits city to agree with adjacent township to annex
but not disconnect territory from the adjacent township. Effective
January 1, 1991.
HB 3842 PLAT ACT AMENDMENTS
PUBLIC ACT 86-1349
Amends the Plat Act. Requires submission of an application for
approval of a plat to DOT, the local highway authority, or the local
health department, as appropriate, when roadway access or lack of
public sewers is involved. Requires approval or disapproval within 90
days or other mutually agreed period. Requires reasons for disapproval. Allows the plat to be approved once the improvements are
incorporated into the application or if there is no response within the
90 days or other mutually agreed period. Effective January 1, 1991.
HB 3843 JURY TRIAL COST
PUBLIC ACT 86-1386
Amends the Clerks of Courts Act and the Code of Criminal
Procedure of 1963. Requires a $50 fee for filing a demand for jury trial
in ordinance violation cases punishable by fine only. Provides for
waiver of jury trial if demand is not filed or the fee is not paid.
Effective September 10, 1990.
HB 3868 CABLE TELEVISION
PUBLIC ACT 86-1410
Amends the Counties Code Section on community antenna television systems providing that when an area is annexed to a municipality, the cable television franchise in the annexed area continues, but
the county gets the franchise fees for only 5 more years. Allows the
municipality to authorize its existing cable television franchise to
provide services in the annexed area under terms that are similar to
the franchise in the area annexed.
Amends the Illinois Municipal Code. Permits community antenna
television companies to install cable television facilities after meeting
certain notice requirements. Allows municipalities with less than
2, 000, 000 inhabitants to own and operate community antenna television systems. Effective September 11, 1990.
HB 3870 POLICE/SCHOOL PLAYGROUNDS
PUBLIC ACT 86-1304
Amends the School Code. Authorizes, rather than requires, municipal police control and protection over school playgrounds, recreation grounds and athletic fields located wholly or partly outside of,
but within one mile of the municipality's corporate limits. Effective
January 1, 1991.
HB 3896 GRAPHIC ARTS/REVENUE CODE
PUBLIC ACT 86-1306
Amends the Service Occupation Tax Act to include graphic arts
production servicemen in the provision that sale of service does not
include servicemen who transfer property the value of which is less
than 75 percent of the cost of service. Effective November 1, 1990.
HB 4190 TOLL HIGHWAY AUTHORITY
PUBLIC ACT 86-1164
Amends the State Toll Highway Authority Act. Makes changes
concerning temporary appointments of Authority directors to fill
vacancies. Authorizes the Authority to construct waterways and interchange improvements. Deletes prohibition against contracts for
use in part of toll highways for hotel or railway purposes. Changes
requirements concerning bids on contracts. Requires the Authority to
prepare annual and 10-year capital plans. Makes other changes. Effective August 10, 1990.
January 1991 / Illinois Municipal Review / Page 15
SENATE BILLS
SB 1571 MAINTENANCE AGREEMENTS/
REVENUE CODE
PUBLIC ACT 86-1394
Amends the Revenue Act to include maintenance agreements as a
tangible personal property transferred incident to the completion of a
maintenance agreement subject to the Retailers Occupation Tax Act
(ROTA) and Use Tax Act (UTA) when purchased by the serviceman,
but is exempt from the Service Occupation Tax Act (SOTA) and
Service Use Tax Act (SUTA) when transferred. Effective January 1,
1991.
SB 1657 PUBLIC BUILDING COMMISSION
PUBLIC ACT 86-1215
Amends the Public Building Commission Act. Authorizes a public
building commission to designate areas lying within the territorial
limits of the county for municipal projects under the Act. Limits the
changes to counties with a population between 20, 000 and 21, 000 as
determined by the 1980 federal census. Requires approval of 3/4 of the
members of the governing body of any municipality where sites will
be located. Effective January 1, 1991.
SB 1704 FIREFIGHTER SHIFT TRADES/STATEWIDE
UNION OFFICERS
PUBLIC ACT 86-1395
Amends the Municipal Code, Fire Protection District Act, and
University of Illinois Act. Allows firemen to have leave for work
hours devoted to duties as an elected State officer of a statewide labor
organization, provided that a replacement is found. Defines "statewide labor organization" and "elected State officer". Requires that
the replacement firefighter be qualified to perform the absent fire-
fighter's duties. Limits leave to 20 shifts per year for 4 of the 9 elected
state officers, the remaining 5 officers would have an unlimited
amount trades. Limits home rule preemption to leaves relating to
performance of labor organization duties. Effective September 10,
1990.
SB 2052 BUILDING CODE VIOLATIONS
PL- HI AC ACT 86-1202
Amends the Illinois Municipal Code to add enforcement provisions for building code violations. Effective January 1, 1991.
SB 2109 ESDA EARTHQUAKE PROGRAM
PUBLIC ACT 86-1205
Amends the Emergency Services and Disaster Agency Act to
expand the earthquake awareness program, to allow agreements
between the agency and medical and equipment vendors for immediate availability of resources in an emergency and payment for any
resources used, and allows the agency to determine jurisdictional
areas required to include earthquake preparedness plans in their local
emergency plans. Effective January 1, 1991.
SB 2222 VARIOUS MUNICIPAL CODE MODIFICATIONS
PUBLIC ACT 86-1470
Amends the Municipal Code. Provides that the annual appropriation ordinance takes effect upon passage and permits passage to
occur immediately after public hearing. Allows registration of persons in the landscape maintenance business or in the business of generating landscape waste. No fee may be charged. Provides certain
exemptions.
Amends the Unified Code of Corrections to allow all fire departments (rather than only those using non-volunteer firemen) to be
reimbursed by person convicted of DUI for emergency equipment
and personnel.
Amends the Municipal Code concerning service of municipal
ordinance violation summons by the city clerk by certified mail and
concerning the clerk making minutes of regular meetings available 24
hours before the next regular meeting. Amends the Counties Code
and the Municipal Code to allow a requirement of fences around or
covers over swimming pools. Effective December 12, 1990.
SB 2253 EPA/SOLID WASTE
PUBLIC ACT 86-1363
Amends the Environmental Protection Act to impose a new tax on
municipal waste incinerators. Provides special procedures and criteria for the issuance of adjusted standards for the discharge of pollutants into the Mississippi and Ohio Rivers by water treatment works.
Changes standards for aggravation or mitigation of civil penalties.
Creates the Solid Waste Site Operator Classification Law. Provides
for the certification of operators and imposes specified fees. Amends
the Solid Waste Management Act to impose recycling programs on
State agencies and colleges. Amends the Toxic Pollution Prevention
Act to grant the EPA power to review State administrative rules to
determine their impact on toxic pollution and authorizes the awarding of grants to further the purposes of the Act. Amends the Natural
Resources Act to direct the Department of Energy and Natural Resources to develop a program for recycling phone books. Effective
September 7, 1990.
SB 2306 ORDINANCE VIOLATIONS
PUBLIC ACT 86-1364
Amends the Municipal Code authorizing municipalities over
100, 000 population to establish by ordinance a code hearing unit to
conduct hearings concerning alleged violations of certain types of
municipal codes and impose penalties. Effective September 7, 1990.
Page 16 / Illinois Municipal Review / January 1991
|