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Legal/Legislative Scene

Conference Gives Commissioners
and Professionals the Opportunity
to Share Legislative Concerns

________________________________________ By Peter M. Murphy
________________________________________ IAPD Legal Counsel
Peter M. Murphy

For your convenience, we have inserted a copy of the IAPD/IPRA Legislative Platform for the 86th General Assembly. Please detach this, and share it with your legislators.

To date, there have been 2,816 bills introduced into the Illinois House, and 1,467 bills introduced into the Illinois Senate. This is a tremendous workload for the members of the legislature, particularly in light of the fact that all bills must be acted on by June 30.

Capitol Building Sketch
Also in this column, please find a short synopsis of some of these new bill introductions which impact park, forest preserve and conservation districts.

Should you have any questions in regard to any of the bills listed on the following pages, or on any other matter of legislative concern, please do not hesitate to contact the IAPD offices. We will be happy to provide copies of any bills upon request.

Legislative Conference Spurs Involvement
Approximately 190 commissioners and park, recreation, conservation and forest preserve professionals received a firsthand account of Illinois' political and legislative climate during the Illinois Association of Park Districts' annual Legislative Conference, April 19th in Springfield.

Keynote speakers included: Secretary of State Jim Edgar, State Comptroller Roland Burris, Illinois Department of Conservation Director Mark Frech, Attorney Tom Hoffman and Springfield-based WICS-TV Bureau Chief Kelly Smith.

In addition to receiving up-to-date information about major state and federal issues impacting Illinois, conference participants took an active role in lobbying for the various measures affecting park, forest preserve and conservation districts which are pending in the 86th General Assembly.

The importance of this was not lost on Secretary of State Jim Edgar who stated, "When I was a representative, I always remembered those people from my district who took the time to speak personally with me about their legislative concerns. I was even more impressed when they would take time out to visit me in Springfield."

The conference concluded with a Candlelight Reception, co-sponsored by the Illinois Historic Preservation Agency, at the Old State Capitol. Reception guests enjoyed the evening's entertainment, which included "Abe Lincoln's Stump Speech", performed by Lincoln-impersonator, Harry Hahn. Following are some photo highlights of the day's activities.

Ted Flickinger

IAPD Executive Director Ted Flickinger welcomed conference participants and introduced keynote speakers at the podium.
Roland Burris

State Comptroller Roland Burris shared his insights about Illinois' future fiscal picture and spoke of the current load of demands on Illinois' current budget.


(Continued on next page)

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LEGAL/LEGISLATIVE SCENE

Secretary of State Jim Edgar

Keynote Speaker Secretary of State Jim Edgar urged conference participants to personally lobby their legislators at home, as well as in Springfield. Joining Edgar at the speakers' table are (far left) IAPD President Kenneth VanNattan and Executive Director Ted Flickinger.

State Conservation Director Mark Frech

State Conservation Director Mark Frech outlined his department's strategic legislative initiatives and goals.
Legal Counsel Peter Murphy

IAPD Legal Counsel Peter Murphy briefed conference attendees of important pending legislation before they met with their representatives at the State Capitol.

WICS TV Bureau Chief Kelly Smith

WICS-TV Bureau Chief Kelly Smith shared his insights on the current legislative session and the ongoing impact of activties in Illinois' House and Senate.
Attorney Tom Hoffman

Attorney Tom Hoftman of Olson, Grabill and Hoffman in Chicago, addressed conference participants on alternatiare approaches to revenue bonds.

New Bill Introductions

HOUSE

HB 365 Novak — Amends Forest Preserve District Act; allows territory in counties under 3 million exactly coterminous with a county, municipality or township within a district to disconnect upon petition of 5% of voters and referendum within the territory seeking disconnection.

HB 386 Wennlund — Amends Park District Code; provides that bond limitations are computed by aggregating only the principal amounts outstanding.

HB 410 Giorgi — Amends Horse Racing Act; removes from provisions providing for allocation of funds paid into the Horse Racing Tax Allocation Fund by inter-track wagering location licensees the requirement that such licensees shall have been operating on May 15, 1988.

HB 636 Parley — Creates the Lake Michigan Protection Authority; controls development and use of water and shore of the Lake; transfers power and functions to Authority from the state Transportation Department; authorizes any power/function of a, unit of local government that relates to the Lake to the Authority; other authorizations.

HB 714 Steczo — Amends Revenue Act; exempts from property taxes all property of a forest preserve district in counties under 3 million.

HB 715 Steczo — Amends Forest Preserve District Act; provides, in counties under 3 million, that appropriation ordinances take effect on passage (now 10 days after publication).

HB 717 Steczo — Amends Forest Preserve District Act; validates appropriation ordinances for fiscal years beginning in 1988 and validates tax levy ordinances for any purpose.

HB 804 Matijevich et al — Amends Governmental Ethics Act; increases to $50,000 (now $35,000) the minimum base salary that necessitates the filing of economic interest statements by

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LEGAL/LEGISLATIVE SCENE

employees of school districts and local governments.

HB 868 Stange — Amends Public Utilities Act, and related acts; exempts school districts, park districts and libraries from state utility taxes.

HB 877 Pullen — Amends act concerning aquariums/museums in public parks; provides that, if park commissioners board in district under 500,000 population levies a tax in excess of .03 percent but not to exceed .07 percent, the tax levy resolution shall be published or posted together with certain information; other related provisions regarding backdoor referendums.

HB 908 Hoffman et al — Amends Public Contracts Article of Criminal Code; permits good faith delay of reasonable length under the circumstances in the opening of all sealed bids where the delay is necessitated by good cause; other permissions.

HB 963 Hensel — Amends act regarding forest preserve districts in counties under 3 million; eliminates power of a district under 600,000 to buy an easement for a linear park or trail or in land contiguous to an existing park without concurrence of the city within which the land is situated; other related requirements.

HB 986 Hensel — Amends Forest Preserve District Act in counties under 3,000,000; allows board to collect impact fees for new developments.

HB 1059 Saltsman — Amends Forest Preserve District Act; provides that police force members are peace officers and must be trained under the Police Training Act; such police powers may be exercised in territory of the district, rather than within forest preserves; other related provisions.

HB 1278 Matijevich — Amends Municipal Code; provides that if a city proposes to annex land within a forest preserve district, the city must notify the district before taking action; if district advises the city that the district is considering buying that land, the city may not take further action for 6 months.

(Continued on next page)

Mark Frech passed out checks during his presentations

In the middle of his presentation, IDOC director Mark Frech presented grant checks to several park and recreation agencies, including (left) to park and recreation director Max Woods of Lockport Township Park District and (right) to executive director Jim Grove and board president Thomas Corcoran from Oregon Park District. Congratulations to all grant recipients!

Karen Hasara, Loleta Didrickson, Arlebe Mulder and Terry Parke

Attending the Candlelight Reception at the Old State Capitol were (left to right) Representative Karen Hasara, Representative Loleta Didrickson, Arlington Heights Commissioner and IAPD Board Member Arlene Mulder and Representative Terry Parke.

Mike DeStefano, Delores Doederlein and Richard Bemm

Commissioner Mike DeStefano of Kane County Forest Preserve, Representative Delores Doederlein from McHenry County and Richard Bemm, director of Dundee Township Park District, discussed mutual legislative concerns at the Candlelight Reception.

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LEGAL/LEGISLATIVE SCENE

The 14th Infantry and Abe Lincoln

Reception guests were impressed when, after being seated, the volunteers of the 114th Infantry reenacted the pomp and circumstance required of a presidential entrance. Then "Abe Lincoln" strode in, greeted guests, and spoke of his years as an Illinois native and an American president.

Abe addressing the Senate Chamber

Lincoln impersonator Harry Hahn's portrayal of Abe Lincoln in the Old State Capitol's Senate Chamber highlighted the Candlelight Reception.

Peter Murphy and Abe

IAPD Legal Counsel Peter Murphy and "Abe Lincoln" (Harry Hahn) exchanged greetings after Abe's "Stump Speech". (Isn't that Steven Douglas staring so disapprovingly over their shoulders?)
Candlelight reception

Candlelight reception guests enjoyed the historic ambiance of the Old State Capitol while taking the opportunity to discuss legislative concerns with State representatives and each other.
New Bill Introductions

HOUSE

HB 1279 Matijevich — Amends Forest Preserve District Act in counties under 3 million people; makes changes concerning eminent domain powers and the buying of property; allows a district to buy a whole tract and sell that part not needed by the district in certain cases.

HB 1304 Capparelli et al — Amends Park District Code; requires that park district appropriation ordinances be published within 30 days after passage in at least one newspaper published or circulated within the district.

HB 1397 W. Peterson — Amends Municipal Code and Public Utilities Act; exempts park districts, local libraries, library districts and school districts from municipal utility taxes.

HB 1429 Stern — Amends Park District Code; allows a board to grant free lifetime park privileges to former board members.

HB 1470 Terzich et al — Creates the Local Government Risk Pool Act; requires Department of Insurance to establish a risk pool to provide liability coverage for school districts and units of local government with fewer than one million residents.

HB 1583 Kubik — Amends Forest Preserve District Act; provides, in counties over 3 million, that zoological parks shall be open to public without charge 12 days per year, not to exceed one day each month.

HB 1619 Keane — Creates the Asbestos Abatement Finance Act, administered by Illinois Development Finance Authority; authorizes issuance of bonds to finance public and private abatement projects.

HB 1856 Petka — Amends Park District Code concerning disconnection and annexation to another district; changes reference concerning contiguity and residency requirements; if a property owner borders another petitioning owner, and at least one owner is contiguous to the other dis-

Illinois Parks and Recreation 24 May/June 1989


LEGAL/LEGISLATIVE SCENE

trict, they may all disconnect and annex to the other district.

HB 1967 Keane — Amends Revenue Act; provides that for 1989 and subsequent assessment years; department shall not certify an equalization factor for any county higher than such factor certified for that county in 1985; other changes.

HB 1990 Cullerton — Amends Counties Act, Chicago Park District and Park Museum Acts; allows Cook County to levy a museum tax of not more than .07% on all taxable property within the county to support aquariums and museums.

HB 2018 Parke — Amends Municipal Retirement Pension Code; provides for a statewide group health insurance plan, administered by IMRF Board, for all police, fire, deputy sheriff and sheriffs law enforcement annuitants; premium paid by active annuitants.

HB 2127 Didrickson — Amends Revenue Act; establishes uniform date for filing tax levies beginning in 1990; provides EAV for extension of the levy for 1989 and subsequent years be EAV for year immediately before the levy year.

HB 2160 McPike et al — Amends Chicago Park District Act; authorizes district to establish programs for the handicapped and imposes a tax not to exceed .05% for programs, the tax not to be subject to any rate limitations; other related authorizations.


SENATE

SB 182 — Etheredge — Amends Park District Code; provides that in Pleasure Driveway and districts where trustees are appointed and the district lies in more than one county, the board may determine that at least one trustee be appointed from each county regardless of population.

SB 192 Woodyard — Amends Motor Fuel Tax Law; eliminates park districts, forest preserve districts and conservation districts from receiving motor fuel tax money.

SB 206 Karpiel et al — Amends act creating forest preserve districts in counties under 3 million; eliminates power of a district under 600,000 and within county which is contiguous to a county over 2,000,000, to buy an easement for a linear park or trail in land contiguous to an existing park without the concurrence of the city within which the land is located; other provisions.

SB 207 Karpiel et al — Amends act creating forest preserve districts in counties under 3 million; requires district under 600,000 and within county which is contiguous to a county over 2,000,000 to buy an entire parcel, or demand of the owner, if districts seek to buy part of a parcel by condemnation and remainder is improved with a single family residence, with exemptions.

SB 208 Karpiel et al — Amends Forest Preserve Act; in districts under 600,000 in a county contiguous to a county over 2,000,000, wants to buy part of a parcel by condemnation and the remainder is improved with a single family residence, burden of proof is increased and public necessity of taking is limited; other provisions.

SB 209 Geo-Karis et al — Amends Forest Preserve Act; provides in districts under 600,000 and county is next to a county over 2,000,000, district may not buy land in an unincorporated area by condemnation without first getting consent of the county board by 2/3 vote of the total number of members; other provisions.

SB 210 Geo-Karis et al — Amends act concerning forest preserve districts outside Cook County; provides that district in a county which (1) is contiguous to Cook County and (2) has population between 200,000 and 600,000 shall buy lands by condemnation subject to a back door referendum.

SB 211 Geo-Karis et al — Amends Forest Preserve Act in counties under 3,000,000; provides that if a district under 600,000 in a county next to a county over 2,000,000 files a condemnation complaint and action is later dismissed, then district must pay defendant owner's costs, lawyers fees and litigation expenses; other related provisions.

SB 220 Schaffer — Amends Conservation District Act regarding districts entirely within a county under 200,000 and next to a county over 2,000,000; allows aggregate debt over 0.575% and up to 1.725% with referendum approval.

SB 225 Topinka — Amends Open Meetings Act; requires local government units holding a closed meeting to report in open meeting at intervals of no more than 30 minutes the progress of the closed meeting.

SB 322 Keats et al — New Act creates the Private Sector Park Act; permits persons to develop private property into parks for public use; amends Revenue Act to provide tax writeoff.

SB 515 Luft — Amends act regarding publications cost required by law; increases minimum rate from 20 cents

(Continued next page)

Bob Jackson, Willie Davis, Charles Sanders and Abe

Dixmoor Park District Commissioner Bob Jackson, Board President Willie Davis and Director Charles Sanders posed with "Abe" on the steps of the Old State Capitol during the Candlelight Reception.

Mike Sterba and Gary Hasselbacher posing with Abe

Coloma Township Park District's director Mike Sterba (far left) and Commissioner Gary Hasselbacher paused for a photo with "Abe" impersonator, Harry Hahn.

Illinois Parks and Recreation 25 May/June 1989


LEGAL/LEGISLATIVE SCENE

New Bill Introductions (Continued)______________________________

SENATE

to 30 cents per column line.

SB 562 Maitland et al — Amends Forest Preserve District Act in counties under 3 million; applies to districts entirely within a county over 150,000; requires county board to approve budgets, appropriations and tax levies; other applications.

SB 694 Topinka — Amends Public Contracts in Criminal Code; redefines 'public contract' as a 'contract' let by state of local governments by competitive bidding; no contractors certificate is required for bid or contract of $10,000 or less.

SB 971 Netsch — Amends Revenue Act; precludes county clerk from extending a tax levy of any taxing district which is in violation of the Truth in Taxation Act.

SB 1159 Geo-Karis — Amends Forest Preserve District Act; provides, in counties under 3 million, for referendum approval for issuance of bonds for any new purpose.

SJR 24 Kustra — (American Heritage Act) Urges Illinois members of Congress to support passage of the American Heritage Trust Act.


For the IAPD/IPRA Legislative Platform for the 86th General Assembly click here.

Illinois Parks and Recreation 26 May/June 1989

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