Tort Immunity Upheld by Amendatory Veto

Edgar Awards $3.4 million in Bike Path Grants

Gov. Jim Edgar amendatorily vetoed House Bill (HB) 1151 which amends the Local Governmental and Governmental Employees Tort Immunity Act on August 14. The legislation was introduced as a result of the dismissal of a lawsuit brought against a park district when a young child drowned in a swimming pool operated by the district (Barnett vs. Zion Park District). In that case, the Illinois Supreme Court determined that the family's cause of action must be dismissed because the park district was immune from the suit for the alleged negligent supervision. HB 1151 was designed to remove all tort immunity for willful and wanton conduct in cases of negligent supervision. Last year the governor amendatorily vetoed a similar bill (Senate Bill 843) because it adopted a blanket exception to the Local Governmental Tort Immunity Act. This year in his amendatory veto Edgar stated that HB 1151 again goes too far in removing tort immunity for willful and wanton conduct. He provided language for a precise amendment to address the specific issue without eroding the tort immunity that has been traditionally afforded local governments and that is essential to the effective delivery of government services.

Peter M. Murphy IAPD General Counsel

We would like to thank those members who shared concerns about this legislation with the governor.

Successful Legislation
On August 7 the governor approved Senate Bill 1331 which permits a municipality to transfer its responsibility and tax rate to a park district for participation in a special recreation association (P.A. 90-719).

Edgar also approved House Bill 672 (P.A. 90-737) addressing campaign finance and ethics laws. The legislation establishes new restrictions on the personal use of political committee or not-for-profit funds. It bans solicitation or receipt of gifts from prohibited sources by legislators, elected or appointed officials, judges and employees of any branch of government.

Prohibited sources include any person or entity seeking official action, doing business with the government, conducting activities regulated by the officials, having interests affected by the performance of the officials, or those required to be registered as lobbyists under state law.

In addition, Edgar approved legislation that requires local public entities to develop and implement policies for investing funds by January 2000. It requires that each policy address investment practices such as prudence diversification, performance measures and internal controls, plus quarterly written reports to governing boards.

Legislation also passed permitting units of local governments to authorize the use of golf carts on roads.

Unsuccessful legislation includes a gubernatorial veto of Senate Bill 1273 which would have allowed park districts to provide premises for conducting bingo by waiving the $200 license fee. In his veto message the governor stated: "While this bill has a laudable purpose, it creates a loss of revenue as park districts will no longer be required to pay the state of a license to host bingo. Not only does Senate Bill 1273 create a revenue loss, but it also is not an equitable piece of legislation. This bill would exempt park districts from the list of entities who are required to obtain a license to provide bingo."

Please contact me at IAPD for information or copies of any pending legislation or public act.

National Front
The U.S. Supreme Court determined on June 25 the presidential line-item veto is unconstitutional. In an opinion written by Justice Paul Stevens and joined by five other justices, the Court held that plaintiffs who lost funding due to President Clinton's exercise of power under the line-item veto law have standing to challenge the law, and the Court held that the law was in violation of the Presentment Clause of the U.S. Constitution. The line-item veto has been used 82 times by President Clinton since enactment. Many of those vetoed programs may now be reinstated.

10 | Illinois Parks and Recreation

With time running short before the Sept. 30 deadline to pass all the necessary spending bills, insiders are predicting that Congress will focus on passing a continuing resolution. Republican and Democrat leaders are both saying that they want to avoid a showdown and possible shutdown over spending differences. Still at issue is whether the continuing resolution will be a short-term or long-term measure.

Bike Path Grants
Governor Edgar awarded $3.9 million for 28 community projects to fund 46 miles of bicycle paths to enhance the state's transportation and recreational opportunities.

More than 512 miles of trails have been funded since the Bicycle Path Grant program was established nine years ago. Edgar, an avid bicyclist, supported the lAPD's efforts to establish the program while serving as secretary of state.

Eight projects will provide trail links to schools, such as the Flagg-Rochelle Community Park District's project, linking four public schools and a child care center.

Eight projects involve abandoned railroad right-of-ways. Another project, the completion of the McHenry County Conservation Districts Prairie Trail, will build along an active rail line.

Three projects will resolve safety problems through bridge or under-bridge construction, including a grant to the Rolling Meadows Park District and the city of Rolling Meadows.

The federal Intermodal SurfaceTransportation Efficiency Act (ISTEA) is providing additional financial assistance to projects involving the Flagg-Rochelle Community Park District, McHenry County Conservation District and the city of Naperville.

The Department of Natural Resources (DNR), which administers the program, received 51 applications seeking $7.2 million for bike path projects. Applications for the next cycle of bike path grants will be accepted from January 1 through March 1, 1999.

Information about the program is available from the IAPD 217.523.4554 or the DNR's Division of Grant Administration, 217.782.7481.