 |
Home | Search | Browse | About IPO | Staff | Links |
|
Home | Search | Browse | About IPO | Staff | Links |
|
Legal/Legislative Scene
This year the Illinois General Assembly has introduced more than 4,114 pieces of legislation. These proposals, in addition to issues surrounding re apportionment, cutbacks in state appropriations and property tax limitation efforts, have made for an extremely busy legislative session for lawmakers and lobbyists alike. Property Tax Limitation The Senate passed the Governor's tax cap proposal on May 15 on a 31 to 27 vote. All 28 Republican members of the Senate voted for the bill. Several amendments were introduced to exempt park districts and/oraddress local governments' concerns regarding non-referendum bonding ability. These did not receive the requisite amount of votes in order to be added to the bill. At this point in time efforts to pass a property tax limitation measure have stalled in the House. It is virtually impossible to predict at this point in time whether or not property tax limitation will become a reality by the June 30 deadline. However, all IAPD/ IPRA members should know that the Associations are literally working on a daily basis not only in opposition to this legislation, but also in an effort to educate legislators about the impact this legislation would have on the bonding ability of local governments in general, and park districts specifically.
Other Issues In addition to property tax limitation, there are a number of other pieces of legislation which affect the way Illinois park and forest preserve districts would do business in Illinois. In addition to those issues on our legislative platform, a number of proposals affect annexation, police power, condemnation, and park and forest preserve district finance. Most of these new proposals are listed on pages 14 and 15. In particular, I would like to draw your attention to SB 488/ SB 1122 which requires park districts making expenditures of $l million or more for construction or improvements to real estate to provide for a public hearing and backdoor referendum on the proposed financing, and HB 857 which would eliminate the power of members of a park district board to be conservators of the peace with power to arrest on property controlled by the park district. Congratulations We would like to congratulate the recipients of the DOC grants listed on the following page. With the ever shrinking federal commitment to the Land and Water Conservation Fund, it is now clear that the efforts of the IAPD to successfully pass legislation setting aside a portion of the Real Estate Transfer Tax for Open Space Land Acquisition and Development grants is paying big dividends. In fiscal year 1991, $2.6 million of these monies will be shared with Illinois park, forest preserve and conservation districts, and fiscal year 1992 will see additional increases in available grant monies. Illinois Parks and Recreation 11 May/June 1991 LEGAL/LEGISLATIVE SCENE GRANTS AWARDED FOR PARK DEVELOPMENT AND ACQUISITION Gov. Jim Edgar has announced 24 local government projects will share $3.8 million in state and federal grants for park development and land acquisition. The fiscal 1991 funding includes $2.6 million in state Open Space Land Acquisition and Development (OSLAD) grants and $1.2 million in federal Land and Water Conservation Fund (LWCF) grants. This 1991 funding cycle marks the first year the OSLAD program is receiving a portion of the monies collected through the Real Estate Transfer Tax. About $ 10 million will be available annually for local park projects when the program is fully funded within the next few years. OSLAD previously was funded by the Build Illinois program. OSLAD and LWCF grants are administered by the Department of Conservation. Each program provides up to 50 percent reimbursement of eligible costs incurred by local government agencies for approved recreational land acquisition and development work. Approximately half of the $ 1.9 million awarded for acquisition projects will be used for the preservation of open space, natural areas and wetlands. Six of the 13 development projects will create totally new recreational facilities for their communities. Maximum grant awards are $400,000 for acquisition projects and $200,000 for development projects. OSLAD has been in existence since 1986 and has provided a total of $26.1 million for 203 local agency park projects. Since its start in 1965, LWCF has made more than $129 million available for state and local park projects in Illinois. Following is a list of grant recipients, funding amounts and project descriptions: *DeKalb County Forest Preserve District, $28,125 for purchasing 48 acres of wetland known locally as the Wilkenson Marsh. * DeKalb Park District, $ 151,000 for acquiring 27 acres for preservation of prairie, wetland and wildlife habitat. * Geneva Park District, $ 187,000 for purchasing 37.7 acres around Peck Lake as a wetland preserve. * Kane County Forest Preserve District, $300,000 for preserving a 114-acre natural area known as Hannaford Woods. * Pekin Park District, $41,000 for purchasing approximately 8 acres adjacent to the Kiwanis Park North for development of four ball diamonds/soccer fields. * Pleasant Dale Park District, $300,000 for purchasing a 10-acre parcel adjacent to a 34-acre community park. * Round Lake Area Park District, $294,000 for acquiring the remaining undeveloped frontage on Round Lake, which includes two adjacent properties totaling 14.3 acres. * St. Charles Park District, $300,000 for acquiring a 67-acre property, featuring wetlands and open space, for nature trails and year-round recreational uses. * Urbana Park District, $62,500 for purchasing Busey Woods, a 59-acre nature preserve adjacent to Crystal Lake Park. DEVELOPMENT PROJECTS * Belvidere Park District, $173,000 for developing a 9.38-acre parcel into a rural neighborhood park known as Aberdeen Park. * City of Carlinville, $176,000 for developing 38 acres known as Loveless Park into basketball courts and soccer and baseball fields. * Clyde Park District, $176,000 for rehabilitating Clyde, Manor and North Warren parks, including developing new play areas, a jogging path with fitness stations and resurfacing tennis courts. * Cook County Forest Preserve District, $176,000 for constructing a bicycle/ pedestrian overpass across the Calumet Expressway and extending the Thorn Creek bicycle trail 1.6 miles to a major picnic/ parking area. * Fon du Lac Park District, $ 176,000 fordeveloping Cooper Riverfront Park with trails and boardwalks through wetlands, overlooks, fishing stations and shelters, all of which would be accessible to people of varying physical abilities. * Hoffman Estates Park District, $132,000 for developing a 7.5-acre neighborhood park known as Olmstead Park, including construction of athletic fields, picnic tables, a playground and parking lot. * Macomb Park District, $58,000 for renovating various facilities at two parks and making a miniature golf course, a garden, playground equipment and a shelter accessible to people of all age groups and abilities. * Plainfield Township Park District, $ 176,000 for developing Van Horn Woods, an 88-acre site whose woodland and stream areas will offer nature study, while its open fields will be developed for athletic areas. * Salt Creek Rural Park District, $93,000 for developing a playground, fishing pier and raised garden at the Twin Lakes Recreation Area accessible to people of varying physical abilities. * Winnetka Park District, 176,000 for renovating facilities at Tower Road Beach, including rebuilding aging bluff walkways and making beach facilities accessible to people of varying physical abilities. Illinois Parks and Recreation 12 May/June 1991 LEGAL/LEGISLATIVE SCENE Pending Legislation Affecting Park, Forest Preserve And Conservation Districts HOUSE 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: Tabled. 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 Appropriations-Public Safety & Inspection Committee. HB 671 Ronan Amends the Juvenile Court Act of 1987 to provide that a minor at least 15 years of age who is charged with a violation of the Illinois Controlled Substance Act relating to the manufacture and delivery of controlled substances in a public park shall be prosecuted as an adult. Amends the Criminal Code of 1961 to provide for certain enhanced penalties for weapons violations committed in a public park. Status: Assigned to Judiciary II Committee. HB 796 Brunsvold Amends the Park District Code. Allows a board to grant free lifetime park privileges to former board members who served at least 2 terms. Status: Placed on short debate calendar, 2nd reading. 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: Calendar order of 2nd reading. 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: Placed on short debate calendar, 3rd reading. 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). If the conservation district does not maintain a museum, the monies shall be allocated equally between the county and the municipality in which the inter-track wagering location licensee is located for general purposes. Requires payment to the conservation district of monies paid into the Fund before the effective date of this amendatory Act. 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: Assigned to committee. 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 short debate calendar 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. Provides that any territory containing less than 150 acres (now, 80 acres) may be annexed if surrounded or bounded by a park district. Effective immediately. Status: Placed on short debate calendar, 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 interim study calendar. HB 1583 Young, W. Amends the Park District Code to allow a park district to levy a tax, upon approval of the voters, for operating, maintaining, upgrading, and covering swimming pools of the district. Status: Assigned to Municipal & Conservation Law Committee. 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 interim study calendar. HB 2032 Currie Amends the Open Meetings Act. Restates the Act's policy; redefines "public body" to include corporate outgrowths and 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 meet Illinois Parks and Recreation 13 May/June 1991 LEGAL/LEGISLATIVE SCENE ing. Requires public bodies to tape record all closed meetings. 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: Assigned to 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. 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 5 member Commission appointed by the Governor with consent of the Senate. Authorizes Commission to assess a penalty of up to $500 for violation of these Acts. Grants rule-making power to the Commission to carry out the provisions of this Act and empowers the Commission to hold hearings and issue administrative orders subject to judicial review. Status: Placed on interim study calendar. SENATE 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 5 00,000 population or less that have established a recreation system under the Municipal Code. Makes grammatical changes. Status: Assigned to committee. SB 320 Woodyard Amends the Horse Racing At. Provides that, if monies are paid into the Horse Racing Tax Allocation Fund by an intertrack 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 Fundshallbe allocated to that conservation district for museum purposes (rather than to a park district for museum purposes). If the conservation district does not maintain a museum, the monies shall be allocated equally between the county and the municipality in which the inter-track wagering location licensee is located for general purposes. Status: Assigned to committee. SB 488 Schaffer Authorizes a park district to make a 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: Assigned to 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: Assigned to Local Government 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: Assigned to Local Government 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: Assigned to Local Government Committee. 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: Assigned to Local Government Committee. 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. 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: Assigned to 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: Assigned to committee. 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. Illinois Parks and Recreation 14 May/June |
|
Sam S. Manivong, Illinois Periodicals Online Coordinator |
