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Legal/Legislative Scene
Voters in November will get two opportunities to amend the Illinois Constitution. The first would create a bill of rights for crime victims, and the second would require major changes in school funding. The victims' rights proposal largely reflects existing Illinois law, however, the education proposal has already caused heated debate and public relations campaigns are underway by both the proponents and opponents. SCHOOL FUNDING The constitution now says the state has the "primary responsibility for financing the system of public education." The Illinois Supreme Court has said this does not require the state to provide any particular portion of school funding, such as 51%. The proposed amendment (S.J.R. 130) would say in major part;
It is the paramount duty of the state ... to guarantee equality of educational opportunity as a fundamental right of each citizen... The state has the preponderant financial responsibility for financing the system of public education. The extent of the change required would be subject to court interpretation. Local governments in the latest school year contributed some 57% of total Illinois spending on elementary and secondary education. The state contributed 35.1%, and the federal government 7.8%. For comparison. nationally 44.5% of school revenue came from local taxes, 49.3% from state aid, and 6.2% from federal aid. Thus, Illinois relies more heavily on local funding than the average state. CONSTITUTIONAL AMENDMENT PROCESS Proposed amendments to the Illinois Constitution are introduced as joint resolutions. Those that get favorable votes of three-fifths of the members elected to each house go on the ballot at the next general election at least six months afterward. The General Assembly cannot propose changes to more than three articles at one election. The constitution also allows proposals initiated by voter petitions to go on the ballot if they propose to change "structural and procedural" subjects in the constitution's legislative article. To become part of the constitution, a proposal must get the votes of three-fifths of those voting on it, or the votes of a majority of all voting at the election. Until last year, 12 amendments to the 1970 constitution had been proposed to the voters and 6 were approved. FAST-TRACK LEGISLATION While the passage of legislation is perceived as a deliberative process, those involved closely with the process see many issues placed on a nondeliberative fast track road to passage. The Legislative Research Unit has updated research done in 1983, sampling conference committee use in each odd numbered year (when most substantive laws are enacted) from 1969 through 1991. The results show conference committee use continuing to rise through this period. The estimated percentage of bills going to conference committees rose from 0.70% of all bills introduced in 1969 to 4.06% in 1991. Substantive conference bills as a percent of all bills introduced, have a similar rising trend. Conference committee bills calcu-
Legal/Legislative Scene lated as a percentage only of bills that passed both the houses also show a rising trend. In 1991, approximately 17% of bills that passed both houses were conference committee bills, and 10% were substantive conference committee bills. Conference committees allow the two legislative houses to resolve differences between their versions of the same bill. Each conference committee has five members from each house. House members are appointed by the Speaker (3) and Minority Leader (2). The Senate Conference on Committees likewise appoints three members of the majority and two of the minority party. A proposed conference report, if signed by a majority of conference committee members, goes back to the House and Senate floors. Legislators cannot amend a conference report on the floor; they can only vote to approve or reject it. If either house rejects a report, or a conference committee cannot agree on a report, a second conference committee may be appointed. No more than two conference committees may be appointed per bill, but a committee report can be "corrected" and re-submitted. This is an informal procedure that has developed outside the House and Senate Rules. Criticism of Conference Committees The Legislative Research Unit reports that conference committees have been criticized because they often provide a way to avoid the intended legislation process, and make input from legislators and the public difficult. This may happen by avoiding three readings in each house; limiting input on the bill to a select group; and/or making informed voting difficult since many conference committee reports are submitted late in the legislation session. The demise of the germaneness rule allows completely new material to be substituted by a conference committee, avoiding the constitutional requirement that a bill be read by title on three different days in each house. While a bill not going to conference committee can also be significantly amended, it must move through second and third reading in the house where amended, and then be approved in the other house before going to the Governor. While each conference committee has ten legislators, not all necessarily have significant influence on the committee's report. In practice, the senator and representative who chair the conference committee may work out an agreement to be signed by the committee members. Legislators on the floor have limited power over a conference committee because its report may not be amended there. Another common complaint about conference committees is that they are often used late in the legislative session, and legislators may not have time to understand their reports before voting on them. Analysis of the 1985-1991 conference committee bills by the Legislative Research Unit support this contention. Over this period, no conference report going to both houses during the regular legislation session got to either house earlier than June 29. Appropriations Despite many cuts made during the spring session, total appropriations passed by the General Assembly rose 2.9% from FY 1992 to FY 1993 in nominal dollars— from $27.8 billion to $28.6 billion. (This represented a slight decrease after inflation.) The increase in dollars appropriated consists primarily of a $569 million increase to Public Aid. Largely as a result, appropriations for all human services rose from $8.4 billion in FY 1992 to $9.1 billion in FY 1993. Human Services got 31.8% of total appropriations, up from 30.2% in FY 1992. Education got a slight increase, from $6.2 billion to $6.4 billion; its share of total appropriations also rose only slightly, from 22.3% in FY 1992 to 22.4% in FY 1993. Vetoes The Governor used item or reduction vetoes to cut $34 million (0.1%) of appropriations sent to him. He reduced appropriations to the General Assembly, Secretary of State, and Attorney General by a total of $14.5 million. He also cut human services $5.4 million, public safety $1.1 million, education $532,000, and business regulation and consumer services $ 158,000. The largest veto was of $12 million to the Department of Revenue for tax increment financing districts. He approved as passed the appropriations for economic and community development and transportation. State Funds Used As Sources About 46% of all appropriations for FY 1993 are from the General Revenue and Common School Funds. Those funds will provide $13.2 billion, down from $13.5 billion last year. The rest of the $28.6 billion budget comes from special-purpose funds, or from federal aid. General Assembly Actions The General Assembly rejected the Governor's plans to raise liquor and tobacco taxes and cut funds to local governments. Instead, legislators made additional cuts totaling over $300 million to state agencies. The Governor's medicaid assessment proposal was passed, and the General Assembly also passed an additional tax on nursing homes. Only one of the agencies the Governor sought to eliminate was eliminated. Family Leave Two bills, one in each house, would have required businesses with 50 or more employees to give employees up to eight weeks of unpaid family leave every two years to care for close relatives. Senate amendments to the House bill would have narrowed application to only businesses with 100 or more employees; allowed businesses a tax credit to the higher cost of unemployment insurance due to family leave; and exempted the top 10% of employment positions. Neither bill was approved by both houses. President Bush recently vetoed family leave legislation passed at the federal level. Firearms in Public Parks Having a machine gun, sawed-off shotgun, explosive, or silencer (normally a Class 3 felony) becomes a Class 2 felony if done in, or on a public way within 1,000 feet of, a public park or public housing. Carrying a firearm while hooded or masked to conceal one's identity increases from a Class 4 to a Class 3 felony if done in such places.
Legal/Legislative Scene Privacy Invasion Videotaping or photographing a person in a restroom or tanning salon without the person's consent becomes a Class A misdemeanor (HB 2750). Bikeways and Trails Drainage districts, mass transit districts, the Chicago Transit Authority, and the RTA may use existing resources to construct and maintain bikeways and trails (SB 1664, Vadalabee-Novak). Habitat Funds A new Illinois Habitat Endowment Trust Fund was created. Its income will help maintain high-quality habitats for wildlife. Anyone 16 or over must get a State Habitat Stamp to hunt most species protected under the Wildlife Code. 64% of fees will go into a new Illinois Habitat Fund in the state treasury (SB 1 955). The Fund will also receive up to $10 million transferred from the Park and Conservation Fund over a period of at least four years (H.B. 854, Stezo-Demuzio-Fawell). Pesticide Washing A permit must be obtained from the Department of Agriculture before using a wash-water contaminant area to rinse pesticide residues from equipment used for lawn pesticides (H.B. 3344). Local Government Legislators voted to give local governments more flexibility to create or abolish reserve funds and allow voters to recommend a constitutional amendment prohibiting unfunded state mandates. Forest Preserves The Cook County Forest Preserve District may buy or lease property for periods up to 40 years (was 20); issue up to $14 million (was $7 million) in working cash fund bonds; and issue up to $3 million (was $1.5 million) in zoological park working cash fund bonds (S.B. 1823). A number of other bills introduced to limit forest preserve authority failed this year in committee. Homestead Exemptions for Cook The maximum homestead exemption for persons 65 or older was raised from $2,000 to $2,500 in Cook County, and the limit on the general homestead exemption was raised from $3,500 to $4,500 in Cook County. Both increases take effect with the 1991 levy year. State school aid is to be the same as it would be if the Cook County exemptions stayed the same as in the rest of the state (P. A. 87-894). Property Tax Deferral The household income limit for the Senior Citizens Real Estate Tax Deferral program was raised from $14,000 to $20,000 (S.B. 1816). Radar Detectors Use of radar detectors is prohibited in commercial trucks rated over 26,000 pounds; vehicles that can carry over 15 people; and vehicles carrying hazardous materials (H.B. 3707). Unsuccessful Bill An unsuccessful bill proposed a new Metropolitan Airport Authority to oversee development of a Lake Calumet Airport, and operate O'Hare and Midway airports. Appointment of the nine members of the authority would have been divided equally among the Illinois and Indiana governors and the Chicago mayor (each appointing 3). Changes in existing operations at O'Hare and Midway would need approval of a super majority of Authority members. An all-suburban O'Hare Airport Noise Compatibility Commission and a Chicago-dominated Midway Airport Noise Compatibility Commission would be created to oversee expenditures for noise abatementand soundproofing around O'Hare and Midway (H.B. 3275. M. Madigan—Rock, passed House 61-50; motion to discharge from Senate Rules Committee lost 25-31). STATE MANDATES REFERENDUM A statewide advisory referendum is to be on the ballot in November, asking voters whether the General Assembly should propose a constitutional amendment prohibiting new, unfunded state mandates that impose additional costs on local governments. The referendum essentially asks voters;
"Should the Illinois General Assembly, in order to stop increasing property taxes due to unfunded mandates on local government, approve a resolution for a State Constitutional Amendment prohibiting the General Assembly and Governor from adopting new unfunded State mandates that impose additional costs on units of local government?" (P. A. 87-919). This is a unique opportunity for voters to support the financial strengths of the local governments that serve them. New unfunded mandates continue to plague local government on an annual basis as the slate attempts to shift the cost of serving its constituents. NATIONAL ISSUES In the fiscal year 1993 budget President Bush asked Congress to triple the stateside to $60 million, and he asked for $306 million for the federal side. In the fiscal 1993 appropriations bill the House and Senate both approved $28.5 million for the states side of LWCF. For the federal side the House approved $234 million and the Senate $256 million. The urban parks and Recreation Recovery Program (UPAR) was cut out of the appropriations process completely. The increase to stateside funding for LWCF represents a modest gain of $5.3 million over the appropriation for 1992. Senator DeConcini and Rep. Peter Kostmayer (D-Pa.), authored House bill (HR 6064), which in addition to guaranteeing a 50-50 split of LWCF, would increase annual spending to $700 million per year. The current authorization is $900 million but in reality the fund seldom gets more than $300 million per year. The House and Senate each approved final versions of an emergency bill (HR 5620) September 18. It contains $52 million for reconstruction and operation for national park units, including Everglades National, and Biscayne National Parks (Fla.) and Jean LaFitte National Park (La.). The bill does not single out state and local parks for hurricane assistance. But Federal Emergency Management Agency (FEMA) has authority to use some of the $10 billion in relief money for them. Congress plans to end its 102nd session October 3.
PARK DISTRICT
Prepared by Peter M. Murphy, General Counsel For purposes of this calendar "Election Authority" means the county clerk, a municipal board of election commissioners or a county board of election commissioners. "Local Election Official" means the clerk or secretary of a unit of local government or school district. "Business Day " means any day in which the office of an election authority, local election official or the state board of elections is open to the public for a minimum of seven hours. The following election calendar outlines those dates of greatest interest for candidates and referenda to be voted on in the upcoming nonpartisan consolidated election. A copy of all pertinent deadlines is available from the Illinois State Board of Elections. The time within which any act provided by the election code is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute, and then it shall also be excluded. If the day succeeding such Saturday or Sunday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded.
CONSOLIDATED ELECTION Tuesday, November 10, 1992 First day to circulate nominations papers (must be original sheets signed by voters and circulators). Thursday, December 3, 1992 First day notice of intention to file a petition to create a political subdivision whose officers are to be elected, rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory (Chap. 46. Sec. 28-2). Saturday, January 2, 1993 Last day notice of intention to file a petition to create a political subdivision whose officers are to be elected, rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory (Chap. 46. Sec. 28-2). Monday, January 4, 1993 Last day to file petition (must contain original sheets signed by voters and circulators) to create a political subdivision with the appropriate circuit court clerk (Chap. 46. Sec. 28-2). NOTE: Objections can be filed on or before the date at the hearing with the appropriate circuit court clerk (Chap. 46, Sec. 28-4). NOTE: If initial officers are to be elected at the election for creation of a new unit of government, candidates for such offices shall file papers 78-71 days before such election. (Chap. 46, Sec. 28-4) NOTE: The circuit court clerk shall publish the hearing date for a public policy petition filed in his/her office not later than 14 days after the petition is actually filed, but at least five days before actual hearing. (Final order within seven days of hearings.) (Chap. 46, Sec. 28-4). Wednesday, January 4, 1993 First day for any citizen of the United States temporarily residing outside the territorial limits of the United States who is not registered but otherwise qualified to vote and who expects to be absent from his county of residence on election day to make simultaneous application to the election authority having jurisdiction over his precinct of residence for absentee registration and an absentee ballot (Chap. 46, Sees. 20-2.1, 20-3). NOTE: Absentee registration shall be required for citizens temporarily residing outside the United States in order to vote the entire ballot. Monday, January 11, 1993 First day any voter who is a member of the United States Service and his or her spouse or dependents of voting age who expect to be absent from their county of residence on election day to make application for an official ballot to the election authority having jurisdiction over their residence (Chap. 46, Sees. 20-2, 20-3). Monday, January 11, 1993 Last day to file objections to petitions to create a political subdivision with the appropriate officer or board (Chap. 46, Sec. 28-4). Monday, February 1, 1993 First day for filing in office of the local election official or Board of Election Commissioners original nominating petitions for independent and new political party candidates in municipalities and townships; first day for nonpartisan candidates in townships, road districts, and municipal libraries. Chain-of-Lakes Fox River Waterway Agency (with the SEE), library districts, park districts and school boards (Article 33 only). Multi-township candidates file with the election authority (Chap, 46, Sec. 10-6(2); 10-6(6)). Monday, February 8, 1993 Last day for filing in the office of the local election official or Board of Election Commissioners original nomination petitions for independent and new political party candidates in municipalities and townships; last day for nonpartisan candidates in townships, road districts, and municipal libraries. Chain-O-Lakes Fox River Waterway Agency (with the SBE), library districts, park districts and school boards (Article 33 only). Multi-township candidates file with the election authority (Chap. 46, Sec. 1-6(2); 10-6(6).
PARK DISTRICT ELECTION CALENDAR —1993 NOTE: Seven (7) days written notice of the time and place for conducting lottery for simultaneous filings, as mentions above, shall be given by the local election official or board of election commissioners to the county chairman of the established parties and to each organization of citizens within the election jurisdiction entitled to have poll-watchers present at the last consolidated election. We recommend notifying all candidates involved in the lottery (Chap. 46, Sec. 10-6.2). Monday, February 16, 1993 Last day for filing a Statement of Economic Interests with the county clerk as required by the Illinois Governmental Ethics Act. The receipt must be filed with the local election official or election authority who received the nomination papers (Chap. 46, Sec. 10-5; Chap. 127, Sec. 604A). Tuesday, February 16, 1993 Last day for local governing boards to adopt a resolution or ordinance to allow a binding public question to appear on the ballot (Chap. 46, Sec. 28-2). Wednesday, February 17, 1993 Last day for an individual who has filed for 2 or more incompatible offices to withdraw from all but one of the offices with the local election official or election authority (Chap. 46, Sec. 10-7). Wednesday, February 17, 1993 Last day for filing objections to nomination petitions of new political party, nonpartisan and independent candidates and certificates of nomination for established party caucus candidates in the office of the local election official or election authority (Chap. 46, Sec. 10-8). Thursday, February 18, 1993 Last day candidate may file withdrawal of candidacy in the office of the local election official or election authority (Chap. 46, Sec. 10-7, Chap. 24). Thursday, February 18, 1993 Last day for local election official to certify offices and names of candidates to appear on the Consolidated Election ballot to the election authority (Chap. 46, Sec. 10-15). Thursday, March 11, 1993 First day for any registered voter presently within the confines of the United States who expects to be absent from his county of residence on election day to make application by mail or in person to the election authority for an official ballot (Chap. 46, Sec. 19-2). Thursday, March 11, 1993 For the purpose of issuing poll-watcher credentials, the last day for civic organizations and proposition proponents and opponents to register their names and addresses and the names and addresses of their principal officers with the proper election authority (Chap. 46, Sees. 17-23, 18-6). Sunday, March 21, 1993 First date for election authority to publish notice of Consolidated Election and notice referenda. (May include a list of precinct polling place addresses.) (Chap. 46, Sees. 12-4, 12-5). Sunday, March 28, 1993 Last day for election authority to supply absentee materials to local election officials who conduct in-person absentee voting. Saturday, April 10, 1993 Last day for election authority to publish notice of Consolidated Election and notice of referenda. (May include a list of precinct polling places addresses.) (Chap. 46, Sees. 12-4, 12-5). Thursday, April 15, 1993 Last day for election authority to receive application by mail from any registered voter presently within the confines of the United States, who expects to be absent from his county of residence on election day, and the last day for the election authority to mail such ballot. NOTE: Certain situtations other than absence from county of residence also permit application for absentee ballot to be made (Chap. 46, Sec. 19-3). Friday, April 16, 1993 Last day (by 5;00 P.M.) a person may file a notarized declaration of intent to be a write-in candidate with the proper election authority (Chap. 46, Sec. 17-16.1, 18-9.1). Friday, April 16, 1993 Last day for election authority to have official ballots available for inspection by candidates or their agents (Chap. 46, Sec. 16-5). Monday, April 19, 1993 Last day for election authority to deliver ballots to the judges of elections (Chap. 46, Sec. 7-35). Monday, April 19, 1993 Last day for election authority in counties having a population under 500,000 to publish a list of all the nominations that are to be voted for at the Consolidated Election (Chap. 46, Sec. 16-10). Monday, April 19, 1993 Last day for any registered voter presently within the confines of the United States, who expects to be absent from his county of residence on election day. to make application in person to the election authority, or municipal, township or road district clerk who is authorized to conduct absentee voting (Chap. 46, Sec. 19-2). Tuesday, April 20, 1993 CONSOLIDATED ELECTION
PARK DISTRICT ELECTION CALENDAR —1993 Thursday, April 22, 1993 Last day for election authorities to transmit election results to local election officials (2 days after election authority receives complete returns). (Board of Election Commissioners canvass for municipalities which have adopted Article 6.) (Chap. 46, Sees. 17-22, 18-14). Friday, April 23, 1993 Last day for local election officials to transmit election results to canvassing board (24 hours after election official receives results) (Chap. 46, Sees. 17-22, 18-14). Tuesday, April 27, 1993 Last day for canvassing election results by local canvassing board and the proclamation of winners (Chap. 46, Sec. 22-17). ABSTRACT OF VOTES NOTE: Each local canvassing board shall immediately transmit a signed copy or original duplicate of its completed abstract of voters to each election authority having jurisdiction over any of the territory of their respective political subdivision and one copy to the state board of elections (Chap. 46, Sec. 22-18). If a local canvassing board canvassed the results of a public question submitted to referendum by the circuit court, a signed copy or a duplicate of the abstract of votes shall be transmitted to the proper court, separately (Chap. 46, Sec. 22-18). AFTER PROCLAMATION CERTIFICATE OF ELECTION The election authority shall issue a certificate of election to each person declared to an office by such local canvassing board (Chap. 46, Sec. 22-18). For political subdivisions which are multi-county, the election authority of the county where the principal office of the political subdivision is located shall make the certificate of election (Chap. 46, Sec. 22-18). WRITE-IN CANDIDATES Each successful write-in candidate may file a statement under oath and shall file a statement of candidacy, and receipt for filing the statement of economic interests with the proper local election official or election authority within 5 days from the proclamation (Chap. 46. Sees. 7-10,7-10.1,7-60, 10-5). Discovery Recount Within 5 days after the last day for proclamation, petitions for discovery recount may be filed by any qualified individual (Chap. 46, Sec. 22-9.1). ELECTION CONTEST The circuit court shall hear certain election contests. Individuals should refer to the particular statute which governs their unit of government (Chap. 23-4, 23-5, 23-6.1).
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