THE 1995 IML LEGISLATIVE AGENDA
The Illinois Municipal League prepares an annual
Legislative Agenda by soliciting legislative proposals
from the entire League membership. Members send
their suggestions to the Illinois Municipal League and
staff prepares each suggestion for the IML Legislative
Committee. The Legislative Committee receives the
information prepared by League staff weeks in advance of an early November meeting. This year, on
November 10,1994, the Legislative Committee met for
a full day in Peoria to discuss and thoroughly examine
each proposal. At the conclusion of that meeting proposals were modified according to the Committee's
instructions and prioritized to reflect lobbying activities which should be devoted to each item.
The Legislative Committee recommendations are
then prepared for consideration by the IML Board of
Directors. The IML Board received the legislative
proposals and supporting documentation several
weeks prior to their December 10,1994 meeting. At the
December 10 meeting the Board reviewed each proposal and made the final determination if the proposal
would be part of the 1995 agenda and what priority
status it should receive. This process has been completed and this report outlines the 1995 IML Legislative
Agenda.
The information contained in this report is significantly condensed. Please review this report and contact
the League if you have any questions. The Municipal
League staff looks forward to working with the membership to accomplish these goals in 1995. If you have
any questions please contact Roger Huebner, Director
of Legislative Programs, Kevin Semlow, Legislative Associate, or Brian Schwartz, Legislative Associate at
217/525-1220.
EXECUTIVE SUMMARY
The Board of Directors, and the Legislative Committee met and reviewed legislative proposals. Pursuant to those meetings and discussions, the 1995 IML
Legislative Agenda has been established. The legislative agenda establishes the priorities for the Illinois
Municipal League. It contains the proactive issues municipalities want the General Assembly to consider. The
prioritization of issues is categorized by the following
format:
Maximum Effort:
The items and issues contained in this category
reflect the most important municipal agenda items
for legislative changes in 1995. They reflect concerns and solutions that appeal to the entire statewide membership. The IML Board of Directors,
the IML Legislative Committee and the entire
League membership should focus intense lobbying
activities with local legislators on these items. Maximum Municipal League staff time, effort and
League publications will be devoted to passage of
these items. For 1995 two issues received the maximum effort designation: (1) non-home rule legislative package, and (2) unfunded state mandates.
High Priority:
The items and issues contained in this category
reflect important municipal concerns that need legislative solutions. Once again the entire membership should focus on contact with local legislators in
attempting to pass the appropriate legislation. The
Board of Directors and Legislative Committee will
concentrate activities on high priority items. Municipal League staff will devote significant time
and effort and devote space in League publications
to these issues in attempting to win approval by the
General Assembly. For 1995 two issues received a
high priority designation: (1) direct deposit of local
government distributive fund, and (2) statutory authority for part-time police.
Medium Priority:
The items and issues receiving a medium priority
designation will be the primary responsibility of
Municipal League staff. Staff will focus attention
on securing passage and encouraging the membership to participate in the legislative process. For
1995, nine issues received the designation of medium priority: (1) repeal mandatory J.U.L.I.E.
membership, (2) condemnation of road right-of-way, (3) school crossing guard unemployment
compensation, (4) unsafe hazardous buildings, (5)
drivers license revocation wheel tax/equipment
violations, (6) village leased property tax exemption status, (7) expiration of annexation agreements, (8) property tax abatement through annexation agreements, and (9) repeal firefighter liability
act.
Low Priority:
The items and issues in this category reflect concerns that should be addressed and will be accomplished if the opportunity is available. Municipal
League staff will have these bills drafted and intro-
January 1995 / Illinois Municipal Review / Page 5
duced and attempt to move them through the process. In 1995, five items received a low priority
designation: (1) model code adoption notification,
(2) municipal officers/conflict of interest, (3) farmland preservation exemption, (4) Article 3.1 - officers section technical changes, and (5) Article 3.1
•substantive changes.
IML Support Of Legislation:
Two issues considered by the IML Legislative
Committee were proposed seeking the support of
the Illinois Municipal League. Those items recommended for support include: (1) removal of in-person absentee voting mandate, and (2) Illinois
Fire & Police Commissioners statutory changes.
MAXIMUM EFFORT
1. Non-Home Rule Package
The Illinois Municipal League Non-Home Rule
Committee has recommended the following legislative proposal comprised of eight items. The
Committee deliberated many hours to compose a
package that reflects an agenda that all non-home
rule communities can support. The major theme of
the proposals, as a package, is to reflect that non-home rule communities have self governance problems that the General Assembly needs to address.
This proposal is designed to help not only the governance of communities, but also the quality and
safety of the lives of their citizens.
Summary of Non-Home Rule Package
• TRANSFER OF PROPERTY/CODE ENFORCEMENT FOR HEALTH, SAFETY
MAINTENANCE CODES
• PROVIDING FOR POLICE & FIRE DEPUTY
CHIEF APPOINTMENT
• SALES TAX REBATE AGREEMENTS
•ADMINISTRATIVE TRAFFIC PROCEDURE
FOR SPEEDING VIOLATIONS UP TO 10
M.P.H.
• EXPAND USE OF HOTEL/MOTEL TAX
FOR CAPITAL IMPROVEMENTS
• EXPAND PENALTIES FOR LIQUOR LICENSE VIOLATIONS TO INCLUDE SUSPENSION AND FINES, ALSO ATTORNEY'S
FEES
• INCREASE ORDINANCE VIOLATION PENALTIES FROM $500 TO $1,000
• AMEND FILING REQUIREMENTS FOR
TREASURER'S ANNUAL REPORT TO REDUCE COST OF PUBLICATION
2. Unfunded State Mandates
A. Constitutional Amendment
Amend the Illinois Constitution of 1970 by adding
language to limit the General Assembly's passage of
unfunded mandates to a 4/5ths vote. Provide that
the General Assembly can place mandates on units
of local government by a simple majority vote only
if new funding is provided to pay for the mandate.
B. Statutory Modification
Amends the State Mandates Act to require the Department of Commerce and Community Affairs
(DCCA) to hear reimbursement claims of local
governments, even if the General Assembly has not
appropriated funds for reimbursement. The proposal also provides local governments direct access
to the State Mandates Board of Review if DCCA
continues its refusal to hear the local government's
claim.
High Priority:
1. Direct Deposit of LGDF
Amend the State Revenue Sharing Act (30 ILCS
115/1) and the Illinois Income Tax Act (35 ILCS
• 5/901) to provide for the direct deposit of the local
government share of the State income tax collections into the Local Government Distributive Fund.
(LGDF)
2. Statutory Authority For Part-Time Police
Amend the statutes to recognize and authorize the
use of part-time police. Currently, the state statutes
make no reference to part-time police. In addition,
this proposal would provide for mandatory training of part-time police officers over an 18 month
period. That training would be similar to full-time
officers and certification would be required.
Medium Priority:
1. Repeal Mandatory J.U.L.I.E. Membership
Amend the Underground Utilities Facilities Damage Prevention Act (220 ILCS 50/1 et seq.) to make
participation in J.U.L.I.E. permissive and to require that municipal permits be obtained where
applicable.
2. Condemnation Of Road Right-Of-Way
Amend the statutes allowing a municipality to condemn right-of-way property outside the corporate
limits of a municipality for road purposes.
3. School Crossing Guard Unemployment
Compensation
Amend the Unemployment Insurance Act stating
that a school crossing guard employed by a municipality is ineligible for unemployment benefits during a customary vacation or holiday recess.
Page 6 / Illinois Municipal Review / January 1995
4. Unsafe Hazardous Buildings
Amend the Municipal Code to allow all municipalities to use the unsafe hazardous buildings provisions of the Municipal Code (65 ILCS 5/11-31-l(e)). Currently 25,000 is the statutory limit of municipal size to take advantage of the expedited
procedures.
5. Drivers License Revocation Wheel Tax/
Equipment Violations
Amends the Illinois Vehicle Code with respect to
administrative adjudication. Currently, a municipality can have the Secretary of State revoke a
driver's license for ten or more unsatisfied municipal parking violations. This proposal would allow
unsatisfied municipal wheel tax or equipment violations to also count against a driver in determining
whether his or her license can be revoked.
6. Village Leased Property Tax Exemption Status
Amends the Revenue Code to provide that all public buildings owned by villages are exempt from
property taxes if the buildings are leased for public
purposes by the village for public purposes. This
puts villages in the same position as counties, townships, cities, and incorporated towns.
7. Expiration Of Annexation Agreements
Amend the annexation agreement Section of the
Municipal Code (65 ILCS 5/11-15.1-1) to clarify
that unless otherwise stated in the agreement, zoning categories established in annexation agreements would survive the expiration of the annexation agreements. Also specify that lawsuits seeking
to redress breaches of annexation agreements can
be filed within 10 years of the date of the breach or
5 years of the date of the expiration of the annexation agreement, whichever is longer.
8. Property Tax Abatement Through Annexation
Agreements
Amends the annexation agreement section of the
Municipal Code to provide for property tax
abatement agreements pertaining to the municipal
property tax.
9. Repeal Firefighter Liability Act
Repeal the Fire Fighter Liability Act because it
directly conflicts with the Local Government and
Governmental Employees Tort Immunity Act.
Low Priority:
1. Model Code Adoption Notification
Amend the Municipal Code (65 ILCS 5/1-3-2) to
reduce the required number of sets of the model
code that must be maintained from three sets to one
set. In addition, allow adoption of code by reference to be available 30 days prior to adoption (current law) or adopt the changes with an effective
date of 30 days later.
2. Municipal Officers Conflict Of Interest
Amends the Municipal Code to provide that if a
municipal officer has an interest of 1% or less in a
company trading in a national securities market,
then that officer shall not be deemed to have a
prohibited interest, and may vote on matters where
that company is adversely or otherwise affected.
3. Farmland Preservation Exemption
Amend the Farmland Preservation Act to remove
its application to land within a municipality. (505
ILCS 75/1 et. seq.).
4. Article 3.1 - Officers Section Technical Changes
Amend The Officers Section of the Municipal
Code to:
Provide that a person is not eligible for the office
of alderman of a ward or a trustee of a district
unless that person has resided in the ward or
district at least one year preceding the election
or appointment;
Clarify what "official census" means;
Stagger the terms of alderman after a decrease in
wards;
Require the treasurer to give a receipt only when
requested (now required at all times);
Require only appointed officers who handle
funds to secure a bond;
Restore the office of clerk to an elected position
by resolution (now allowed by referendum). If
municipality's population increases over 5,000
an appointed clerk remains appointed; and
Allow the collector, on a daily basis, to deposit
funds into the municipality's bank account or
pay to the treasurer (now only allowed to pay
over to the treasurer).
Restore the confirmation of filling the vacancy
of a 2 year term of an elected official, other than
a mayor or president, to the advice and consent
of the remaining city council or trustees. Currently, a 2 year term is filled by the mayor or
president with the advise and consent of the
corporate authorities. This restores the provisions as they were before the Article 3.1 recodification. (New proposal)
5. Article 3.1 - Substantive Changes
3.1-35-25 Repeal entire Section allowing the mayor or
president to call out the militia under the
Governor's authority.
3.1-35-5 Delete "and annually shall" from the second
January 1995 / Illinois Municipal Review / Page 7
sentence of the Section requiring the mayor
or president to give the corporate authorities
an annual informational address concerning
the municipalities' affairs.
3.1-35-80 Repeal section concerning misfeasance, malfeasance, and nonfeasance because provisions are already covered by Criminal Code.
3.1-50-5 Amend to specify that elected officials may
receive increases in non-salary benefits if the
increase is not greater than those non-salary
benefits given to other municipal employees.
3.1-55-5 Repeal section granting certificates of appointment. The Illinois Elections Code covers elected officials, but not appointed. Add
language to allow the municipal clerk to issue
certificate of appointment.
3.1-10-50 Amend to permit resignations to state an effective date in the future. Resigning municipal officers can not vote on the appointment
of their successor.
IML SUPPORT OF LEGISLATION
1. Removal Of In-Person Absentee Voting Mandate
Support legislation to remove the mandate that
municipal clerks provide in-person absentee voting.
2. Illinois Fire & Police Commissioners Statutory
Changes
Support legislation to remove the age 35 hiring
limitation found in the Board of Fire and Police
Commissioners Section of the Municipal Code (65
ILCS 5/10-2.1-6).
Support legislation to add a new paragraph to the
Board of Fire and Police Commissioners Section
that would make final decisions of a Fire and Police
Commissioners subject only to the Administrative
Review Law. •
Page 8 / Illinois Municipal Review / January 1995
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