Lack of Agreement on Major Issues Delays End of Session                                                               By Peter M. Murphy                                                                  IAPD General Counsel

At this writing, the legislative session has continued a week past its scheduled June 30 deadline with no end in sight. The major legislative issues have not been resolved and many legislators with an expectation of an extended session have made arrangements to keep their accommodations through the month of July.

Clearly, the budget has been a sticking point as it is anticipated that revenues, even with the extension of the income tax surcharge, will fall short by approximately $1.7 billion.

At this time, another major issue to be resolved is continuation of the income tax surcharge. Questions remaining include whether the surcharge should be extended for only two years or be made permanent, the level of the surcharge, and, of course, how the monies will be allocated.

The Edgar proposal delayed the local government share by 18 months and slashed total receipts to local governments in half. It is unlikely that the Governor's plan will be part of any agreement with the General Assembly.

Property tax limitation has stalled in the Illinois House, and many legislators now feel that the proposal as offered by Governor Edgar is now dead. That is certainly good news for Illinois park and forest preserve districts whose funding would be devastated by the imposition of a property tax cap and the elimination of their bonding ability. It remains to be seen, however, whether or not some type of other property tax relief will be offered in the final hours of the legislative session.

A by-product of the legislative session is the urgency to have all legislative measures passed before the June 30 deadline, as well as the appearance of many conference committee reports or omnibus pieces of legislation to be offered. The next report of the Legal/Legislative Scene will update you on that late breaking action.

The following synopsis of the revision to the Open Meetings Act (HB 2032) is offered at this time as it appears likely that this legislation will be resurrected in the next legislative session. Although HB 2032 as originally introduced contained civil penalties for violations of the Act and the requirement that closed sessions be tape-recorded, it is generally recognized that any legislative proposal containing those provisions will not pass muster with the Illinois General Assembly.

Efforts to pass a major change in the Illinois Open Meetings Act stalled in the Senate Executive Committee when Senate sponsor Tom Dunn indicated his intention to amend the legislation on the floor to include a provision requiring the tape recording of closed session discussions. This proposal has not been acceptable to the majority of legislators involved with the legislation's passage.

The open meetings provisions provide a general policy statement which declares it to be the public policy statement that citizens be given advance notice of and right to attend all meetings at which any business of a public body is discussed or acted upon in any way.

Exceptions to the Act will only be allowed under those circumstances where the General Assembly specifically determines that the public interest would be endangered or the personal privacy rights of individuals would be in danger of unwarranted invasion.

The provisions for exceptions will be strictly construed against closed meetings.

The significant enumerated exceptions under HB 2032 are:

1. The employment, compensation, discipline, performance or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged

against an employee to determine its validity.

2. Collective negotiating matters.

3. The selection of a person to fill a public office when the public body is given the power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office.

4. The purchase or lease of real property for the use of the public body.

5. The setting of a minimum price for the sale or lease of property owned by the public body.

6. The sale or purchase of securities or investment contracts.

7. Emergency security procedures and the use of personnel and equipment to respond to actual danger to the safety of employees, students, staff or public property, provided that a description of the actual danger shall be made part of the motion to close the meeting.

8. Litigation, when an action affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or eminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.

9. The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or insurance pool of which the public body is a member.

10. Self-evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member.

For the purposes of exceptions to the Act "employee" is defined as a person employed by a public body whose relationship with the public body constitutes an employer/employee relationship under the usual common law rules, and is not an independent contractor.

The requirement that no final action may be taken at a closed meeting is enhanced by the requirement that final action shall be preceded by a public recital of the nature of the matter being considered and other information that will inform the public of the business being conducted.

The penalty provisions of the Section have been altered to increase from 45 to 90 days the time frame after the meeting within which civil action may be brought.

In addition, a civil penalty provision has been added which would allow a court to impose a civil penalty, not to exceed $500, against each person who knowingly participated in a meeting held in violation of the Act. The penalty must be paid by the violator individually and not be charged against the treasury of the public body; provided, however, that with respect to violations relating to closed meetings, it shall be a defense to the imposition of a civil penalty that the member voted against holding a closed meeting, or objected on record to the discussion of matters in a closed meeting which constituted the violation.

HOUSE HB 50 Kulas

Creates the Family Responsibility and Medical Leave Act. Provides that an employee is entitled to a leave of absence if: a child of the employee is born; the employee adopts a child; or the employee wishes to care for a child, parent or spouse with a serious illness or impairment. Provides that the Act applies only to employers with at least 50 employees and only to employees who work at least 20 hours per week. Provides for temporary and part-time leave. Establishes penalties for violation of the Act and for duties of the Department of Labor in enforcing the Act.
Status: Passed both houses on June 18, 1991.

HB 64 Curran

Authorizes the division of park districts into subdistricts for the purpose of electing park district board members upon motion of the board or petition of voters and approval by referendum.
Status: Stricken pursuant to House Rule 35B.

HB 637 Daniels

Makes appropriations for the ordinary and contingent expenses of the Department of Conservation for the fiscal year beginning July 1,1991.
Status: Assigned to Senate Appropriations.

HB 850 McGuire

Amends the Downstate Forest Preserve District Act. Provides that a district may not acquire land in an unincorporated area of a county by condemnation without first obtaining the consent of the county board by two-thirds vote of the total number of members entitled to sit on the county board. Effective immediately and applies to all pending actions as well as those filed on or after is effective date.
Status: Tabled in House.

HB 857 Curran

Amends the Park District Code. Removes provision that members of a park district board shall be conservators of the peace with power to arrest on property controlled by the park district.
Status: Passed as amended in the Senate on June 19,1991.
This legislation was amended in the Senate to restore police power to park board members and eliminate the potential for possession and use of fire arms in order to carry out such powers.

HB 1005 Black-Weaver, M.

Provides that, if monies are paid into the Horse Racing Tax Allocation Fund by an inter-track wagering location licensee located in a municipality that is not included within any park district but is included within a conservation district, four-sevenths of the monies in the Fund shall be allocated to that conservation district for

museum purposes (rather than to a park district for museum purposes).
Status: Tabled pursuant to House Rule 27D.

HB 1477 Steczo

Provides that the canvassing board for park districts be comprised of the president of the park board, one member of the board of park commissioners and the secretary of the park district. Effective immediately.
Status: Content of Bill amended onto HB 352 House Omnibus Election Law legislation.

HB 1478 Steczo

Amends the Park District Code. Provides that the number of legal voters required to submit a petition for park district dissolution shall be not less than 20 percent of the registered voters of the district. Effective immediately.
Status: Placed on Senate calendar order of 2nd reading.

HB 1479 Steczo

Amends the Park District Code. Provides that a certified copy of the annexing ordinance and an accurate map of the territory annexed to a park district shall be filed in the office of the County Clerk and Recorder of each county in which the annexed property lies.
Status: Placed on Senate calendar, order of 2nd reading.

HB 1480 Steczo

Amends the Park District Code. Increases from 80 acres to 150 acres surrounded property which may be annexed by a park district. Status: Placed on House Interim study calendar.

HB 1895 Steczo

Amends the Child Care Act of 1969 by providing that programs conducted by park districts organized under the Park District Code that serve children having attained the age of 3 years shall not be considered a day care center.
Status: Placed on House Interim study calendar.

HB 2032 Currie

Amends the Open Meetings Act. Restates the Act's policy; restates the topics that a public body may discuss in a closed meeting. Prohibits final action at a public body's closed meeting. Requires a three-fifths, rather than majority, vote of a public body's quorum to close a meeting. Requires meetings to be accessible. Requires posting of an agenda 24 hours before a public body's regular meeting. Subjects minutes of a closed meeting to public inspection upon the public body's failure to review its need for confidentiality. Permits initiation of civil action for violation of the Act within 90, rather than 45, days of the closed meeting. Permits the court to fine each participant in an illegal closed meeting up to $500.
Status: Lost in Senate Executive Committee.

HB 2034 Currie

Amends the Freedom of Information Act. Redefines "public body" to include public officers. Requires that a public body, upon written request, provide access to a public record by permitting inspection when practicable. Decreases the periods within which a public body shall respond to a request for access to a public record and an appeal of denial of access.
Status: Placed on House Interim study calendar.

HB 2035 Currie-Levin

Creates an Open Government Commission to ensure enforcement of the Open Meetings Act and the Freedom of Information Act. Creates a five member Commission appointed by the Governor with consent of the Senate.
Status: Placed on House Interim study calendar.

SB 25 Severns

Creates the Illinois Family Responsibility and Medical Leave Act of 1991. Provides for family responsibility and medical leave for certain employees who are employed for 20 or more hours per week.
Status: Placed on House calendar, order of 2nd reading.

SB 69 Joyce, J. E.

Amends the Horse Racing Act. With respect to the allocation of monies from the Horse Racing Tax Allocation Fund, requires allocations be split between park districts and municipalities of 500,000 population or less that have established a recreation system under the Municipal Code. Makes grammatical changes.
Status: Held in Senate Committee.

SB 89 Welch

Amends the Open Meetings Act. Provides that meeting of all public bodies (rather than only school boards) discussing the acquisition or sale of real estate may be closed meetings.
Status: Placed on House short debate calendar, 2nd reading.

SB 320 Woodyard

Amends the Horse Racing Act. Provides that, if monies are paid into the Horse Racing Tax Allocation Fund by an inter-track wagering location licensee located in a municipality that is not included within any park district but is included within a conservation district, four-sevenths of the monies in the Fund shall be allocated to that conservation district for museum purposes (rather than to a park district for museum purposes).
Status: Held in Senate Committee.

SB 488 Schaffer

Limits a park district making capital expenditure of $1,000,000 or more for construction of improvements to real estate only after publishing the proposal, holding a public hearing, and allowing an opportunity for a backdoor referendum on the proposed expenditure.
Status: Lost in House Executive Committee.

SB 504 Cullerton, J.

Amends the Downstate Forest Preserve District Act to forbid the construction or expansion of any landfill on district lands. Effective immediately.
Status: Lost in Senate Committee.

SB 541 Geo-Karis

Authorizes the board of a downstate forest preserve district to designate, by ordinance, employee positions to which the president of the board may appoint persons and from which the president may discharge persons only with the board's consent.
Status: Lost in House Counties and Townships Committee.

SB 549 Weaver, S.

Authorizes the board of a downstate forest preserve district to trade any one or more parcels of land owned by the district for one or more parcels of land owned by one or more individuals or any public or private entity whenever the board determines the trade to be advantageous to the district.
Status: Placed on House Consent calendar, 2nd reading.

SB 564 Fawell

Provides that liquor may be sold in any building or on any golf course owned by a forest preserve district organized under the Downstate Forest Preserve District Act. Eliminates duplicate language regarding the sale of liquor at golf courses. Effective immediately.
Status: Placed on House short debate calendar.

SB 769 Keats

Creates the Private Sector Park Act. Allows persons to develop private property into parks for public use. Amends the Illinois Development Finance Authority Act to provide for financing through the Development Finance Authority. Amends the Revenue Act of 1939 to classify the property as forestry for purposes of tax assessment. Amends the Unified Code of Corrections to allow maintenance of the parks to be performed by inmates.
Status: Assigned to Senate Agriculture and Conservation Committee.

SB 810 Karpiel

Amends the Downstate Forest Preserve Act to provide that a forest preserve district may acquire, by condemnation, property for a bikeway or trail not to exceed 100 feet in width (formerly a linear park or trail not to exceed 100 yards in width). Provides that a district may acquire property from a willing seller, remainders of partial takings to avoid uneconomic remnants, and supplemental property for service and support facilities.
Status: Lost in House Municipal and Conservation Law Committee.

SB 811 Karpiel

Amends the Downstate Forest Preserve District Act. Specifies that a two-thirds vote is required of members of the board for a downstate forest preserve district to authorize an appropriation in excess of an authorized appropriation ordinance. Specifies that for transfers of money from one appropriation to another appropriation within the same fund and for transfers from one fund to another fund a two-thirds vote is required. Effective immediately.
Status: Placed on House consent calendar, 2nd reading.

SB 911 Mahar

Amends the Park District Code. Provides that if territory to be organized as a district includes any part of a municipality, then all the municipality must be included. Clarifies language concerning annexation without making substantive changes.
Status: Tabled in House Counties and Townships Committee.

SB 922 Rigney

Amends the various Acts to standardize the number of signatures and the filing deadlines for petitions authorizing backdoor referenda. Provides that such petitions must be filed within 30 days after the publication of the ordinance or resolution authorizing the action by the unit of government. Provides that at least 5 percent of the district's registered voters must sign the petitions to place the action of the corporate authorities of the unit of government on the ballot.
Status: Placed on House calendar, order of 2nd reading.

SB 1122 Schaffer

Authorizes a park district to issue bonds or notes in an amount greater than $ 1,000,000 only after publishing the proposal, holding a public hearing, and allowing an opportunity for a backdoor referendum on the proposed issuance.
Status: Held in Senate Local Government Committee.

SB 1283 Hudson-Philip

Allows a board of any forest preserve district in a county of 60,000 or more people to sell or lease a golf course clubhouse and 15 acres of adjacent land when the clubhouse is one of two clubhouses serving two contiguous golf courses. Effective immediately.
Status: Placed on House short debate calendar, 2nd reading.

SB 1329 Luft

Creates the Local Government Accountability Act and amends the Local Government Debt Reform Act, the Hospital District Law, the Municipal Code, the Public Library District Act, the Museum District Act, the Downstate Forest Preserve District Act, the Park District Code, the Revenue Act of 1939, the Truth in Taxation Act, the Highway Code, and the School Code. Requires all taxing districts to hold annually a public hearing on the levies they intend to adopt. Requires that the county clerk annually mail a notice to every property taxpayer in the count describing all proposed tax levies of each taxing district in the county. Requires a public hearing on a local governmental unit's intent to adopt an ordinance authorizing the issuance of bonds. Changes the date for certifying annual appropriation ordinances to the county clerk. Makes other changes.

Deletes the substance of the bill except the following: provides for House and Senate Revenue committees to study reform of local fiscal practices and to make recommendations by December 31, 1991. Effective immediately.
Status: Placed on House calendar, order of 2nd reading.

HJR 11 McAfee

Creates the Joint Committee on Taxing Districts to study the effectiveness of limited purpose taxing districts and to report its findings and recommendations to the General Assembly.
Status: Assigned to House Executive Committee.