Battleground for Tort Reform
Edgar administration's chapter to close in 1999
PETER M. MURPHY
IAPD General Counsel
STATEHOUSE INSIDER
ISSUES & INSIGHTS FROM THE LEGAL / LEGISLATIVE SCENE
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Veto Session is the Battleground for Tort Reform Edgar administration's chapter to close in 1999 |
PETER M. MURPHY |
GOVERNOR JIM EDGAR took affirmative action on August 1 when he amendatorily vetoed Senate Bill 843. This bill, which created a significant hole in the Governmental Tort Immunity Act, was passed by the General Assembly without a great deal of thought as to its ramifications. The legislation was a reaction to a drowning at the Zion Park District, but the legislation opened a higher level of exposure in a large variety of non-aquatic areas. In his amendatory veto the governor stated:
"In responding to this challenge, the General Assembly, I believe, went too far in its attempt to remove municipal tort immunity for willful and wanton conduct. Rather than inserting an exception for willful and wanton conduct in the subsection addressing public swimming pools, the legislature adopted a blanket exception that would open the floodgates for negligence lawsuits against Illinois municipalities and other units of local government.
"While I share the General Assembly's concern for the family of the young drowning victim and its desire to afford more protection to patrons of public swimming pools, a more precise response is necessary, or else we risk eroding the tort immunity that traditionally has been afforded municipalities and that is essential to the effective delivery of government services."
The governor recommended with his amendatory veto that subsection 3-109 be changed as follows: "Where a local public entity or public employee designates a part of public property to be used for purposes of swimming and establishes and designates by notice posted upon the premises the hours of such use, neither the entity nor public employee is liable for an injury unless the entity or
public employee has actual notice that an Individual is in need of assistance and is guilty of willful and wanton conduct proximately causing injury."
TAKE ACTION ON SB843
It is critical that you correspond with your legislators and request that they support the governors amendatory veto of SB843.
It is important to correspond with them now so that your concerns will be reflected in their vote during the veto session which occurs October 28. 29 and 30, and November 12, 13 and 14.
We commend the governor for the positive changes that he has made to SB843.
CHILD LABOR LAW UPDATE
Great news on other legislative fronts includes the governor's signing of SB476 which expands the flexibility of park districts when hiring fourteen- and fifteen- year-olds. Governor Edgar approved SB 476 on August 15, 1997, as Public Act 90-410.
The work of park districts throughout the state made this possible and your continued involvement in the legislative process continues to yield big dividends.
EDGAR RETIRES IN 1999
Governor Edgar announced on August 20 his retirement after 30 years of service in state government.
His contributions to the states natural resource base are legion.
From the role he played in creating the Bicycle Path grant program to his support of funding for OSLAD matching grants, the Conservation Congress, the acquisition of Site M, and many other innovative new directions with the consolidation of the Department of Natural Resources.
We commend him for his many contributions to and recognition of the Illinois Association of Park Districts. He has been an important partner in improving the quality of life of all Illinoisans.
The governors announcement of his retirement has created a void at the top of the Republican ticket, causing other constitutional officers to reevaluate their plans for the 1998 General Election.
Your involvement in the gubernatorial race is important if parks and recreation are to continue to receive the priority that they have during the Edgar administration.
12 / Illinois Parks and Recreation
ISSUES AND INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
BIKE PATH GRANTS
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Governor Jim Edgar
awarded $3.4 million
in grants for 27
community bicycle
path projects that
will provide
expanded
recreational
opportunities
and important
transportation
links through-out Illinois.
These grants will fund an additional 61 miles of bike trails that will be used by people of all ages and economic backgrounds. |
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More than 475 miles of trails have been funded since the inception of the bicycle grant program eight years ago.
Four of the projects involve development of the Burnham Greenway Trail, an 11 mile corridor along an abandoned railroad right-of-way between Chicago and Lansing. A total of 11 projects involve links through Northern Illinois along the 475-mile Grand Illinois Trail system.
Four projects provide connections within communities among school, library and hospital facilities in the Fox Valley Park District, in Decatur and in St. Clair County. A connection between Illinois and Missouri bike paths will be established as part of the City of Madison's project using the Old Chain of Rocks Bridge, making the one-mile bridge across the Mississippi River the longest bicycle and pedestrian bridge in the world. The Department of Natural Resources administers the Bike Path program and received 51 grant applications totaling $5.8 million in requests.
Grant funds are generated from a percentage of motor vehicle title transfer fees and can provide up to half of an approved projects total cost.
The maximum development grant is $200,000. There is no grant cap for acquisition projects.
Applications for the next cycle of bicycle path grants will be accepted Jan. 1, 1998, through March 1, 1998.
Calumet Memorial
Park District
(Calumet City) $ 110,000 to
develop a 0.9-mile section of
the Burnham Greenway
Trail, an 11-mile open space
corridor and bikeway
proposed for development
along the abandoned
railroad right-of-way
between Chicago and
Lansing involving the
Calumet Memorial Park
District, Chicago Park
District, Cook County Forest
Preserve District and LanOak Park District. It is an
integral part of the Grand
Illinois Bike Trail System.
Chicago Park District
$ 191,700 to develop a bike
path along a 1-mile section
of the newly acquired
Burnham Greenway.
Collinsville Area
Recreation District
$200,000 to develop the
first phase of the School house Trail from Eastport
Plaza to Keeble Road. This
project represents a
cooperative effort between
the Collinsville Area
Recreation District and the
Madison County Transit
District to develop a 3.6-mile
asphalt bicycle path.
Cook County Forest
Preserve District
$200,000 to develop 2.95
miles of the Burnham
Greenway.
Decatur Park District
$67,000 to construct a 0.7mile bikeway that will
connect the existing Fairview
Park—to-Rock Springs
bicycle path with the Kiwanis
Park bicycle path within the
City of Decatur.
Fox Valley Park
District
(Aurora area) $200,000 to
construct a 2.57-mile
extension of the existing 5-
mile Waubonsie Creek/
Oakhurst Trail. The project
includes a bridge over Eola
Road and a bridge over
Waubonsie Creek for which
a local developer donated
funds.
Lake County Fore
Preserve District
$200,000 to develop 1.28
miles of the Des Plaines
River Trail from Rt. 137 to
River Road in Libertyville.
When completed, the trail
will link with 11 miles of
existing Des Plaines River
Trail south of Buckley Road.
Lan-Oak Park District
(Lansing area) $ 100,000,
to construct a 1 -mile section
of the Burnham Greenway
Trail.
Rockford Park District
$ 118,000 to reconstruct
0.47 miles of the Rock River
Recreation Path within
Martin Park. The project is
part of the 10-mile Rock
River Recreation path system
from downtown Rockford to
Machesney Park. It is a link
in the Grand Illinois Trail
system.
Rock Island County
Forest Preserve
District
$ 150,000 to purchase 1.7
miles of permanent
easements From the
Burlington Northern
Railroad to construct
portions of the Great River
Trail through sections of
Rock Island County.
St. Charles Park
District
$63,000 to complete
construction of an asphalt
bicycle trail that will parallel
Randall Road on a county
highway easement.
Springfield, City of
$200,000, to construct a 2-
mile bicycle path from North
Street to Robbins Road
along an abandoned
railroad. This trail will
connect with the Springfield
Park District's proposed 7.5-
miles interurban trail
extending south to the
Village of Chatham.
Springfield Park
District
$ 156,300 to construct a
7.5-mile asphalt-surfaced
multi-use trail along an
abandoned interurban
railroad line from Springfield
to Chatham. The trail would
connect with the city of
Springfield's proposed 2-
mile Wabash Trail/Bicycle
Path. This project is jointly
funded by the park district,
Village of Chatham and
IDOT.
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CONSERVATION CONGRESS
DELEGATES
Conservation Congress 3 is an important opportunity to help define the priorities of the Illinois Department of Natural Resources through the year 2000 and beyond. Past congresses have initiated programs such as the environmental license plate. which helps maintain state parks. The Conservation Congres convened September 12-14, 1997, in Springfield. Region I
Region II
Region III
Region IV
Region V |
September / October 1997 / 13
STATEHOUSE INSIDER
THE ABC APPROACH TO POLITICS - Part II
NEWS MEDIA
The media can make or break your legislative efforts. Use the news
media (letters to the editor, guest editorials, news stories, paid ads,
etc) to help create public support for your position. Legislators watch
what the media reports on issues and most use a clip service, which
brings to their attention stories in their local media market and statewide on specific issues. (Suggestion: Act as your own clip service and
send positive news stories about your park district to state lawmakers and community leaders).
OPPOSITION
Find out your oppositions position. It is important to communicate
with lawmakers on the opposition's side of the issue and why it is
dead wrong, misguided, or just a poor approach to public policy.
PERSISTENCE
Most initiatives fall short of passage somewhere during the legislative process. In fact only 20-25% of bills introduced ever reach the
governor's desk, and many that do pass represent housekeeping measures or appropriation bills. So if you want your initiative to pass,
you must be persistent from start to finish during the legislative year.
Your persistence must be shared by your fellow commissioners and professionals across the state as well as by the bill's sponsor.
QUICKLY
It is critical that you quickly respond to requests for contacts with
your legislator. Timing is essential and legislative action bulletins require an immediate response to be effective. Legislators consider literally hundreds of bills, so your contacts must be timed to precede a
floor vote, but not so far in advance to be lost in the shuffle.
REMEMBER TO ASK FOR A RESPONSE
In all contacts with legislators be sure to ask that they state their
position. If it agrees with yours, ask what you can do to strengthen
their support. If it differs from yours, ask what information is necessary to change that position. Be sure to request that you want to be
contacted after the vote takes place regarding your legislator's vote.
STRENGTH IN NUMBERS
Take advantage of your strength in numbers. Singular letters on an
issue, while informative, rarely sway the day on a legislative issue.
Numerous letters, phone calls and faxes will make any legislator take
note of your position. Many issues are decided on the volume of
communications received, particularly when a legislator has no position or bias on the issue.
THANK You's
One of the most meaningful acts of legislative advocacy is sincere
thanks to a legislator who has supported you on a bill. Legislators are
constantly subject to criticism for what they did or did not do. Your
thank you will stand out in your legislator's crowded mailbox.
UNDERSTAND THE PROCESS
Understand that the General Assembly does not work in the manner as described in your college or high school political science class.
It's much more complicated and fluid, and often success or failure
depends on what is generally going on at the time. Understanding
the steps for passing a bill will make you an educated advocate. Lawmakers will recognize this and give greater credence to your input.
VICTORY
Celebrate each legislative victory as it occurs. Securing a good sponsor, passing a bill out of committee, passing a bill on the floor of the
General Assembly without adverse amendments, and actions of the
governor are all key stages in the passage of a bill. The greater number of small victories you can celebrate will enable you and your
district to celebrate the big one when it occurs.
WINNING IS FUN....BUT
Winning a legislative initiative that you support or killing a negative
initiative is very rewarding, but it is important to be gracious during
the process. Groups that you oppose might be your ally during the
next legislative fight. Do not burn bridges. This is one of the most
basic tenets of legislative advocacy, and legislators whose proposals
you have just killed have long memories.
X-RAY
Use your x-ray vision to look beyond hurdles that face the passage of
your legislation. Many great legislative ideas have come to fruition
after years of work and you need to look beyond the horizon to see
the possibilities and rewards. The OSLAD and Bike Path Grant programs as well as the restoration of bonding ability are good examples.
X-ray vision will also help you anticipate legislative measures that
could hurt your ability to deliver services at the local level.
YESTERDAY
Don't put off until tomorrow what you should have done yesterday.
Timely contacts are the key to success. Also remember that yesterdays
legislative battles are in the past and that win or lose you need to
forge new and positive relationships for the future.
ZEALOT
If you want parks and recreation to prosper you must become a zealot
for the field at local, state and national levels. Everybody involved
with your agency has an impact on the public perception of the
services you deliver. Send your program brochures to policy-makers
and invite them to groundbreakings, dedications, special events, meet
and greet opportunities with board and staff. We all realize that during recreation experiences you can really get to know someone, so
make the most of the opportunities inherent in the field.
— by Peter M Murphy, Esq. Tips A-M appeared in the July / August 1997 issue of Illinois Parks & Recreation magazine
14 / Illinois Parks and Recreation
