LEGAL/LEGISLATIVE SCENE
Budget Crisis Portends
Long Legislative Session
By Peter M. Murphy
IAPD General Counsel
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The floodgates of legislation opened
after the legislative recess, and a number
of major proposals were introduced. This
article focuses on those legislative initiatives which would most dramatically affect Illinois park and forest preserve districts. Note that a number of them are
revenue related and seek to extend the
property tax cap to Cook County and
downstate counties as well.
Important measures which have been
introduced attempt to shift the burden of
school funding from the local property tax
to a local income tax. If these efforts are
successful, the tremendous pressure on
the property tax would be eliminated.
Redistricting
Major changes will occur in the make
up of the Illinois General Assembly. As a
result of the November general election, it
is estimated that more than 50 Illinois
House members out of a total of 117 will
be leaving when the new General Assembly convenes in January. In addition, with
the retirement of Senator Philip Rock, the
Senate presidency will be up for grabs as
more than 19 senators will not be returning.
It is critical that you get to know the
new legislators running in your district in
order to determine their support for and
interest in the many types of activities that
Illinois park and forest preserve districts
are involved in on behalf of Illinois citizens.
Conservation Budget
During his fiscal 1993 budget address, Gov. Jim Edgar called for hundreds
of millions of dollars in budget cuts on top
of those made during his first year as
Governor and for further downsizing of
state government.
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The Governor indicated his budget
decisions were driven primarily by revenue losses attributable to the national
recession. State government lost more
than $330 million in anticipated revenue
from income and sales taxes this fiscal
year, and growth in those areas during
Fiscal Year 1993 is expected to lag beyond what normally would be projected.
As an alternative to making even
deeper budget cuts, the Govemor called for an end to taxpayer susidization of certain
regulatory activity, new and increased
user fees, the closing of loopholes in the
tobacco tax area and the boosting of levies
on purchases of alcohol to bring Illinois
into line with national averages.
Gov. Edgar in his budget address also
proposed a $185.1 million budget for the
Department of Conservation in Fiscal Year
1993.
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The request represents a 16.4 percent
decrease from the current fiscal year's
unreserved level. The General Revenue
Funds budget for the Department is $36
million, a 15 percent decrease from fiscal
1992.
The Department will operate 214 of
its sites year-round and shift 52 sites to seasonal operations.
Dedicated dollars from the Natural
Areas Acquisition Fund will provide $2.4
million for stewardship and critical preservation efforts. The Department also is
planning to spend $430,000 for pheasant
habitat and $900,000 for waterfowl habitat projects.
The Department's focus is on habitat.
Because 95 percent of Illinois' land is
privately owned, technical assistance will
be provided to landowners to protect the
state's natural resources.
In addition, a new $5 habitat stamp
will replace the current pheasant and furbearer stamps. The money beyond what is
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required to maintain those two programs
will be placed in a newly created Habitat
Endowment Trust Fund for long-term
habitat projects.
The Department also will continue its
grant programs to local governments and
non-profit organizations, which will provide $2 million for the development of
bicycle paths, $5.7 million for open space,
$1 million for boat access areas, $700,000
for urban forestry, $300,000 for waterfowl habitat and $140,000 for snowmobiling. Another $500,000 will go to private
landowners for timber growers' assistance.
The Department's staff will be reduced by 89 full-time positions below
fiscal 1992 levels. Administrative staff in
Springfield will be reduced by 15 percent
over FY92/FY93.
Individuals who use state sites will be
asked to make a larger contribution to
support the facilities through increased
fees.
In addition, the Department is seeking approval of legislation authorizing an
entrance fee to state sites.
NEW BILL INTRODUCTIONS
HB 2912 Klemm
Amends the Property Tax Extension
Limitation Act to exempt from the Act
levies for payments into the Illinois Municipal Retirement Fund.
HB 2914 Klemm
Amends the Property Tax Extension
Limitation Act to exempt from the Act
levies by public school districts for purposes of fire prevention, safety, energy
conservation, and school security under
Section 17-2.11 and 17-2.1 1a of the School
Code.
HB 2927 Kulas/SB 1700 Severns
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.
HB 3151 Persico
Amends the Human Rights Act. Provides that nothing in the Act prevents an
employer from terminating, refusing to
hire, or taking other reasonable action against an employee or prospective employee if the action is based on habitual
abuse of drugs or alcohol. Amends the
Drug Free Workplace Act. Includes termination or denial of employment among
the actions that, if undertaken by a contractor or grantee in compliance with the
Act, create a rebuttable presumption of
good faith compliance with the Act.
HB 3178 Wennlund
Amends the Open Meetings Act.
Provides that meetings of public bodies
held to discuss whether a particular parcel
of land should be acquired are exempt
from the public meeting requirements of
the Act. Effective immediately.
HB 3180 Persico
Amends the Property Tax Extension
Limitation Act to exclude levies under
Section 9-107 of the Local Governmental
and Governmental Employees Tort Immunity Act.
HB 3206 Steczo
Amends the Forest Preserve District
Tax Levy Validation (1986) Act to validate downstate forest preserve district
appropriation ordinances adopted for the
fiscal year beginning in 1991 and tax levy
ordinances adopted in 1989 and 1990, as
well as related ordinances and tax levies.
Effective immediately.
HB 3234 Balanoff-Trotter
Amends the Minimum Wage Law.
Deletes governmental bodies from the list
of employers that are exempted from paying their employees overtime compensation.
HB 3243 Lang
Validates appropriations and tax levy
ordinances adopted by Cook County Forest Preserve for fiscal year 1991. Effective immediately.
HB 3301 Burke-Phelan
Amends the Chicago Park District
Article of the Pension Code to grant credit
for certain periods of unused,
uncompensated sick leave. Effective immediately.
State Mandates Act may require
reimbursement to local governments.
HB 3318 Burke-Phelan
Amends the Chicago Park District
Article of the Pension Code to authorize
the granting of up to 5 years of additional
service credit for time spent working for
the federal government before becoming
a member of the Fund. Requires payment
of employee contributions at a rate calculated by the Board. Effective immediately.
State Mandates Act may require
reimbursement to local governments.
HB 3321 Trotter
Appropriates $1 to the Capital Development Board for capital improvements
for the Chicago Park District. Effective
July 1, 1992.
HB 3339 Persico
Amends the Property Tax Extension
Limitation Act. Authorizes taxing bodies
to issue tax bonds within the tax cap
without a referendum or to issue tax bonds
above the tax cap that are within the
growth limitations of the aggregate tax
extension for bonding indebtedness. Establishes guidelines for issuance of the
bonds.
HB 3340 Persico
Amends the Park District Code. In
counties between 650,000 and 1,000,000
authorizes disconnection of individual
tracts of land from a park district that
contains (i) territory lying with a municipality and with another park district
coterminous with that municipality as well
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as (ii) territory lying outside that municipality and coterminous park district.
HB 3344 Hartke-Peterson, W.
Amends the Lawn Care Products
Application and Notice Act. Provides that
a lawn care containment permit issued by
the Illinois Department of Agriculture
must be obtained prior to the operation of
a wash water containment area. Provides
that the Department may promulgate rules
and regulations as necessary for the enforcement of the Act. Provides for administrative hearings and sets penalties for
violation of the Act or rules and regulations. Provides that violations of the Act
may be prosecuted by the State's Attorney
and collection of penalties may be made
by the Attorney General if administrative
penalties are not paid within 60 days of
notice from the Department. Provides
that penalties collected by the Department
are to be deposited into the Pesticide
Control Fund. Effective immediately.
HB 3379 Peterson, W.
Amends the Local Government Professional Services Selection Act. Provides that certain provisions of the Act
maybe waived in emergency situations or
when the cost of architectural, engineering, and land surveying services for a
project is expected to be less than $25,000.
HB 3392 Giglio
Amends the Environmental Protection Act to prohibit composting facilities
within one-quarter of a mile from any
residence (other than a residence on the
same property as the facility), retail business, or public building.
HB 3396 Ryder
Amends the Environmental Barriers Act. Requires accessibility standards under the Act to incorporate federal regulations promulgated under the Americans With Disabilities Act if those regulations
meet minimum Illinois requirements.
State Mandates Act may require reimbursement to local governments.
HB 3413 Capparelli, Laurino, Bugielski,
McAuliffe and Phelan
Amends the Revenue Act of 1939 to increase the senior citizen homestead exemption from $2,000 to $2,500 and the general homestead exemption from $3,500
to $4,500 in counties with 2,000,000 or
more inhabitants beginning with the 1991
levy year. Effective immediately.
State Mandates Act may require
reimbursement to local governments.
HB 3447 Hensel
Amends the Downstate Forest Preserve District Act. Requires that a district
ordinance imposing a fine or penalty or
making an appropriation be published in
book or pamphlet form or (rather than in
addition to) published in a newspaper.
Effective immediately.
HB 3469 Steczo
Provides for the levy, subject to popular referendum, of a local schools income
tax within educational service regions and
the City of Chicago, with a corresponding
dollar for dollar reduction in school district real property taxes.
HB 3477 Keane-Parke, Peterson, W.,
Steczo, Cowlishaw, Giorgi and
Satterthwaite
Amends the Property Tax Extension
Limitation Act. Provides that, with respect to park districts authorized to issue
general obligation bonds or other general
obligations payable from taxes without
direct referendum, to provide an additional amount in the aggregate extension
base to pay debt service, there shall be
added to the aggregate extension base the
amount of the most recent extension made
for the park district to pay interest or
principal, or both, on general obligation
bonds. Effective immediately.
HB 3506 Deleo-Laurino
Amends the Park District Code by
changing the form of the question on the
ballot in an annexation referendum. Effective immediately.
HB 3515 McAfee
Amends the State Mandates Act to
provide that mandates cannot be exempted
from the Act after the effective date of the
amendment unless the newly added Section is specifically amended to provide for
the exemption. Effective immediately.
HB 3560 Giorgi
Amends the Park District Aquarium
and Museum Act. Changes "public park
or parks", within which aquariums or
museums maybe maintained, to "publicly
owned lands".
HB 3618 Hartke
Amends the Fiscal Responsibility
Report Card Act. Increases the time period within which the State and taxing
districts must submit a fiscal responsibility report card from 90 days to 180 days
after the close of the fiscal year.
HB 3654 Kubik-Schoenberg
Enacts the Omnibus Fiscal Practices
Act to require all taxing districts, including home rule units, beginning in 1984, to adopt fiscal years of September 1 to August 31, to adopt budgets before the beginning of the fiscal year, and to conduct
annual hearings in August on their proposed property tax levies before adoption
of their levies and budgets. Requires the
county clerks and county treasurers to
mail proposed property tax bills and to
schedule hearings for each taxing district
on the proposed tax levies on which those
bills are based. Provides for State reimbursement to the county clerks and county
treasurers for costs incurred in complying
with the Act. Preempts home rule units.
Amends the Revenue Act to 1939 to provide that property tax extensions in all
counties (now only Cook County) be based
on the equalized assessed valuation of
property forthe year prior to the levy year.
Repeals the Truth in Taxation Act on
January 1, 1994. Effective January 1,
1993.
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HB 3662 Cowlishaw
Amends the Downstate Forest Preserve District Act. Provides that if the
boundaries of a forest preserve district are
co-extensive with the boundaries of a
county, district commissioners shall be
elected from county board districts; a
president of the district board of commissioners shall be elected at large. (Now,
county board members perform the duties
of forest preserve district commissioners.)
HB 3668 Keane
Amends the Revenue Act of 1939 to
increase the senior citizen homestead exemption from $2,000 to $2,500 in counties with 2,000,000 or more inhabitants
beginning January 1, 1993.
HB 3669 Keane
Amends the Revenue Act of 1939 to
increase the general homestead exemption from $3,500 to $4,500 only in counties with over 2,000,000 inhabitants beginning in 1992.
HB 3686 Steczo
Amends the Public Funds Investment
Act. Authorizes local governments to
invest their public funds in interest bearing bonds of any county, township, other
municipality, municipal corporation, or
school district.
HB 3697 Cronin/SB 1702 Topinka
Amends the Truth in Taxation Act to
require mailed notices in addition to current publication requirements.
State Mandates Act may require
reimbursement to local governments.
HB 3700 Cronin
Amends the Revenue Act of 1939 to
provide that property tax extensions in all
counties (now only Cook County) be based
on the equalized assessed valuation of
property for the year prior to the levy year.
Effective January 1, 1993.
State Mandates Act may require
reimbursement to local governments.
HB 3701 Cronin
Amends the Revenue Act of 1939.
Provides that in Cook County, the Board
of Appeals shall not allow property to be
assessed at a higher percentage of fair cash
value than other property in the town.
Effective January 1, 1993.
State Mandates Act may require
reimbursement to local governments.
HB 3703 Cronin/SB 1701 Dudycz
Amends the Revenue Act of 1939.
Repeals the Truth in Taxation Act. Requires all taxing districts to notify the
county clerk of each county in which the
taxing district is situated of the proposed
aggregate levy of the taxing district at
least 90 days before adoption of the levy
by the taxing district. Requires taxing
districts proposing to adopt an aggregate
levy in excess of 105% of their prior year
levy to hold a public hearing scheduled by
the county clerk before adoption of the
levy. Each taxpayer in a taxing district
required to hold a public hearing must be
notified by mail of their estimated tax bill
and of the hearing. Effective January 1,
1993.
State Mandates Act may require
reimbursement to local governments.
HB 3704 Cronin
Amends the Property Tax Extension
Limitation Act to make it applicable to
counties with 2,000,000 or more inhabitants. Also exempts from the State Mandates Act. Effective immediately.
HB 3705 Cronin/SB 1703 Dudycz
Amends the Revenue Act of 1939 to
require that notice of any change in the
assessed valuation of real property include a complete physical description of
improvements on the property, including
the number of rooms, total square footage,
and other factors that affect the assessed
valuation. Effective January 1, 1993.
HB 3718 Hicks
Appropriates $5 to the Department of
Conservation for ordinary and contingent
expenses. Effective July 1, 1992.
SB 1521 Jones
Amends the Chicago Park District
Act. Deletes requirement that district
commissioners state the times of regular
meetings in the schedule published at the
beginning of each year. Provides that the
park district (rather than the commission)
may, after the beginning (rather than after
the first half) of the fiscal year, authorize
transfers among appropriations. Provides
that the commission shall adopt an ordinance establishing procedures by which
the transfers shall be made.
SB 1541 Marovitz-Berman
Amends the Criminal Code of 1961
relating to unlawful use of weapons. Provides that the enhanced penalties for possessing silencers or machine guns or for
carrying while hooded, robed, or masked,
a firearm, stun gun, taser, or ballistic knife
on school property or on residential property owned, operated, and managed by a
public housing agency apply to possessing those weapons in a public park or on a
public way within 1,000 feet of a school,
public park or public housing.
SB 1556 Luft
Creates the Local Government Revenue and Mandate Act of 1992.
SB 1583 Madigan
Amends the tax increment financing
provisions of the Illinois Municipal Code
to change from 23 years to 15 years the
period for completion of a redevelopment
project area and the term for bonds issued
to finance the project.
State Mandates Act may require
reimbursement to local governments.
SB 1616 Jacobs
Creates the Recreational Trails of
Illinois Act.
SB 1623 Topinka
Creates the Local Government Services Gift Certificate Act. Authorizes
local governmental units to issue and sell
gift certificates for the services provided
or taxes, fees, or penalties charged by the
unit. Requires certificates to be redeemed
within one year. Effective immediately.
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SB 1664 Vadalabene
Authorizes drainage districts, the
Metropolitan Transit Authority, local mass
transit districts, and the Regional Transportation Authority to utilize their established funds, personnel, and other resources to acquire, construct, operate, and
maintain bikeways and trails.
SB 1701 Dudycz-Topinka, Butler,
DeAngelis, Karpiel, MacDonald,
Mahar, Raica, and Philip
Amends the Revenue Act of 1939.
Repeals the Truth in Taxation Act. Requires all taxing districts to notify the
county clerk of each county in which the
taxing district is situated of the proposed
aggregate levy of the taxing district at
least 90 days before adoption of the levy
by the taxing district. Requires taxing
districts proposing to adopt an aggregate
levy in excess of 105 percent of their prior
year levy to hold a public hearing scheduled by the county clerk before adoption
of the levy. Each taxpayer in a taxing
district required to hold a public hearing
must be notified by mail of their estimated
tax bill and of the hearing. Effective
January 1, 1993.
SB 1702 Topinka-Dudycz, Butler,
DeAngelis, Karpiel, MacDonald,
Mahar, Raica, and Philip
Amends the Truth in Taxation Act to
require mailed notices in addition to current publication requirements.
SB 1703 Dudycz-Topinka, Butler,
DeAngelis, Karpiel, MacDonald,
Mahar, Raica, and Philip
Amends the Revenue Act of 1939 to
require that notice of any change in the
assessed valuation of real property include a complete physical description of
improvements on the property, including
the number of rooms, total square footage,
and other factors that affect the assessed
valuation. Effective January 1, 1993.
SB 1706 Topinka-Dudycz, Butler,
DeAngelis, Karpiel, MacDonald,
Mahar, Raica, and Philip
Amends the Revenue Act of 1939 to
provide that property tax extensions in all
counties (now only Cook County) be based
on the equalized assessed valuation of
property for the year prior to the levy year.
Effective January 1, 1993.
State Mandates Act may require
reimbursement to local governments.
SB 1731 Lechowicz
Amends The State Mandates Act to
make due process mandates reimbursable
by the State to local governments. Provides that a local government need not
implement or continue a mandate if the
General Assembly does not make necessary appropriations. Allows a local government to rely on a finding by the Auditor
General that the General Assembly has
not made the necessary appropriations.
SB 1734 O'Daniel-Woodyard
Amends the Illinois Pesticide Act.
Provides that the Act specifically prohibits the regulation of pesticides by any
political subdivision of the State. Preempts home rule powers. Effective immediately.
SB 1748 Jacobs
Amends the Local Governmental and
Governmental Employees Tort Immunity
Act. Grants tort immunity to members of
the police department for acts or omissions executed within the scope of their
employment. Effective immediately.
SB 1755 Schuneman
Amends the Governmental Ethics Act.
Increases from $35,000 to $45,000 the
minimum income that necessitates filing
statements of economic interest by employees of the State, local governments
and school districts.
SB 1767 Welch
Amends the Open Meetings Act.
Provides that meetings held to discuss
whether a particular parcel of property
should be purchased are subject to the Act.
SB 1777 Karpiel
Amends the Downstate Forest Preserve District Act to require Districts with
a population of less than 500,000 to receive permission of the property owners
or the concurrence of the governing body
of the municipality or township before
establishing a trail surface within 100 feet
of an occupied dwelling.
SB 1801 MacDonald
Amends the Illinois Municipal Code
and the Counties Code to allow municipalities and counties to regulate the use of
pesticides in a manner that is as restrictive
as, or more restrictive than, regulation of
the use of pesticides by the State or Federal Government.
SB 1832 Lechowicz-Rock
Amends the Counties Code, the Forest Preserve District Tax Levy Validation
(1986) Act, and the Forest Preserve District Tax Levy Validation (1967) Act.
Validates appropriations and tax levy ordinances adopted by Cook County and
Cook County Forest Preserve for fiscal
year 1991. Effective immediately.
SB 1862 Etheredge
Amends the Municipal Code. Deletes provisions allowing annexation of
territory separated from the municipality
by a forest preserve district.
SB 1865 Dunn, T.
Amends the Freedom of Information
Act to make a stylistic change.
SB 1881 Carroll
Appropriates $1,000 to the Department of Conservation to study the restrictions created by the federal Wetland Delineation Manual.
SB 1925 Luft-DeAngelis
Amends the Property Tax Extension
Limitation Act. Provides that, with respect to park districts authorized to issue
general obligation bonds or other general
obligations payable from taxes without
direct referendum, to provide an additional amount in the aggregate extension
base to pay debt service, there shall be
added to the aggregate extension base the
amount of the most recent extension made
for the park district to pay interest or
principal, or both, on general obligation
bonds. Effective immediately.
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SB 1933 Luft
Amends the Property Tax Extension
Limitation Act. Provides that taxes levied
for purposes provided for in the Local
Governmental and Governmental Employees Tort Immunity Act are excluded from
the definition of "aggregate extension"
for purposes of the Act. Effective immediately.
SB 1955 Woodyard-PhiHp, Weaver, S.,,
Davidson, Schaeffer, DeAngelis,
Schuneman And Gco-Karis
Creates the Habitat Endowment Act.
Money in the Illinois Habitat Fund shall
come from investment income transferred
from the Illinois Habitat Endowment Trust
Fund. Corpus of the Trust Fund shall
come from private donations and transfers
from the Park and Conservation Fund, or
other authorized funds.
SB 1957 Hudson
Amends the Code of Civil Procedure.
Provides that punitive damages may be
awarded only if the plaintiff proves by
clear and convincing evidence that the
defendant acted or failed to act with actual
malice or with intentional and reckless
disregard for the safety of others. Provides
that punitive damages shall not be awarded
in an amount greater than the compensatory damages awarded for economic loss.
Requires any punitive damages to be paid
to the Department of Rehabilitation Services. Applicable to cases filed on or after
its effective date. Effective immediately.
SB 1959 Cullerton, J.
Amends the Election Code and the
Revenue Act of 1939. Provides that in a
county with a population of more than
200,000 that is contiguous to a county
with a population of more than 2,000,000
a real property classification system for
property tax purposes may be established
by initiative petition and referendum.
Establishes limitations for the assessment
levels.
SB 1962 Donahue
Amends the Personnel Record Review Act. Provides that personnel records
that are relevant to a pending claim between an employer and employee which
may be discovered in a quasi-judicial or
administrative proceeding are exceptions
to those records that may be inspected by
the employee or his representative. Effective immediately.
SB 1981 Karpiel
Amends the Downstate Forest Preserve District Act to require Districts with
a population of less than 500,000 to receive permission of the property owners
or the concurrence of the governing body
of the municipality or township before
establishing a trail surface within 175 feet
of an occupied dwelling.
SB 2008 Etheredge, Philip, Weaver, S.,
Davidson, Schaffer, DeAngelis,
Schuenman, and Geo-Karis
Makes appropriations for the ordinary and contingent expenses of the Department of Conservation for the fiscal
year beginning July 1, 1992.
SJR 0132 Collins
Proposes to amend Section 1 of Article X of the Illinois Constitution concerning the goal of free schools. Requires
the State to provide the opportunity for
every child from kindergarten to high
school to have a proficient education.
Provides that the State's responsibility for
financing the system of public education
shall be no less than 60% of the cost for an
adequate education.
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