STATEHOUSE INSIDER


ISSUES & INSIGHTS FROM THE LEGAL / LEGISLATIVE SCENE

George Ryan Wins;
GOP and Democrats
Gain Seats


LWCF and ISTEA updates from the U.S. Capitol


THE BALANCE OF power in the Illinois General Assembly after the Nov. 3 General Election remains relatively unchanged. In the Illinois Senate the partisan split increased by one to 32-27 with the republican majority picking up one senatorial seat vacated by the death of Senator Penny Sevens. In the House, democrats increased their majority by two, creating a 64/56 majority. Republicans lost two constitutional offices with Dan Hynes elected as state comptroller and former representative and Cook County Recorder of Deeds Jessie White winning the race for secretary of state. The U.S. Senate seat held by Carol Moseley Braun was captured by Republican State Senator Peter Fitzgerald and Governor-elect George Ryan posted a win over opponent Congressman Glenn Poshard. Ryan has held statewide executive office for 16 years and elective office for 32 years. As a former speaker of the Illinois House, his knowledge of the General Assembly will be an asset.

VETO SESSION The veto session will meet on November 17, 18, and 19 and on December 1, 2 and 3. The fall veto session is generally devoted to taking action on the governor's vetoes of bills passed by the Illinois General Assembly during the spring. The session is open, however, for the introduction of new bills with the caveat that these must be addressed in an accelerated time frame. It is expected that an early retirement program for state employees will be aired this fall.

This year the governor vetoed only 24 bills; 13 of the vetoes were amendatory vetoes and 11 were total vetoes. Of particular interest to Illinois park districts and forest preserves is the governor's amendatory veto of House Bill 1151 which, as introduced, would expose local government to liability for the very first time for supervision or the failure to supervise an activity on or the use of any public property if the local government was deemed to be willful and wanton.


PERTER M. MURRPHY
IAPD General Counsel

This legislation is a result of a case involving an unfortunate drowning that took place at a park district (Barnett V. Zion Park District). The governor's amendatory veto hits that nail on the head by changing the bill to address only the area of swimming pools by imposing liability in all instances where a local government was willful and wanton. Rather than opening the floodgates of litigation as HB 1151 would do as currently drafted, the governor's changes make common sense. IAPD supports Edgar's amendatory veto and opposes any attempt to override by the General Assembly. It is expected that the House will attempt to override the governor's veto during the first week of the veto session (Nov.17-19).

Other action includes the passage of the Public Funds Investment Act (SB 1555, Public Act 90-688) requiring every public agency to be governed by a written investment policy addressing more than 12 different specific policy requirements. The investment policy is required to be developed and implemented by January 1, 2000. Public Act 90-701 permits local records to be digitized for convenience in retention. For records that are required to be permanently retained, the new law states that they are also to be reproduced in a microfilm format that is in compliance with commission regulations.

The State Gift Ban Act (HB 3672) passed as Public Act 90-737. It copies the current congressional gift ban language and applies to state and local government officials and employees.

The legislation requires local governments to adopt ordinances that are at least as restrictive as the new state law would be, within six months of the act's effective date. The act contains a blanket prohibition on the official solicitation or acceptance of any gift to a state elected or appointed official or employee of the executive, legislative or judicial branches from a


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