STATEHOUSE INSIDER

ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

Park Legislation Awaits Governor's Signature

PETER M. MURPHY IAPD General Counsel

As this magazine went to press, the Illinois General Assembly and the governor had begun the fiscal year without a budget and had settled on an interim budget.

Bill Watch

In the meantime, however, a number of pieces of legislation affecting parks, forest preserves and conservation agencies were awaiting the governor's approval. Here's a look at the status of these bills at press time. Please check the Public Policy section of the IAPD web site (www.Ilparks.org) for updates on the governor's action on these measures.

Bid Limit Increase

House Bill 4469 increases the bid limit for park districts from $10,000 to $20,000. This authority was last increased in 1998 and it is eminently reasonable for the governor to approve this cost-saving measure. This legislation passed both houses on May 13. The drop date (the date upon which the governor must act) is August 11.

Alcohol Sales

House Bill 4055 is another piece of legislation that will enhance the financial base of conservation districts. Under the measure, alcoholic liquor may be delivered to and sold under the authority of a special use permit on any property owned by a conservation district, if the issuance of the special use permit is authorized by the local liquor control commissioner of the territory in which the property is located and the special use permit authorizes the sale of liquor for one day or less. This legislation passed both houses on May 5. The drop date for this bill is August 3.

Defibrillators

Legislation requiring automated external defibrillators (AEDs) at physical fitness facilities throughout Illinois has passed the Illinois General Assembly for the second year in a row. The governor likely will approve this measure because it incorporates the changes made by his amendatory veto in 2003. His amendatory veto deleted the business tax credit from the legislation. It is important to review this legislation upon the governor's signature with your local legal counsel to determine whether or not it is applicable to your agency.

House Bill 4232 applies to "physical fitness facilities" defined as "any of the following indoor facilities that is (i) owned or operated by a park district, municipality, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school and (ii) supervised by one or more persons, other than maintenance or security personnel, employed ... for the purpose of directly supervising the physical fitness activities taking place at any of these indoor facilities: a swimming pool; stadium; athletic field; track and field facility; tennis court; basketball court; or volleyball court; or such facilities located adjacent thereto."

In addition, it applies to any other indoor establishment that provides services or facilities focusing primarily on cardiovascular exertion as defined by Department of Public Health rules.

"Physical fitness facility" does not include a facility serving less than a total of 100 individuals, as further defined by Department of Public Health rules. In addition, the term does not include any facility located in a hospital or in a hotel or motel, or any outdoor facility. The term also does not include any facility that does not employ any persons to provide instruction, training or assistance for persons using the facility.

The effective dates for agencies to comply with this bill are as follows: A public entity owning or operating four or fewer indoor physical fitness facilities must have at least one such facility in compliance with this act on or before July 1, 2006; its second facility in compliance by July 1, 2007; its third facility in compliance by July 1, 2008; and its fourth facility in compliance by July 1, 2009. A public entity owning or operating more than four indoor physical fitness facilities must have 25 percent of those facilities in compliance by July 1, 2006; 50 percent of those facilities in compliance by July 1, 2007; 75 percent of those facilities in compliance by July 1, 2008; and 100 percent of those facilities in compliance by July 1, 2009.

10 - Illinois Parks and Recreation

This legislation passed both houses on May 19. The drop date for this bill is August 17.

Assault on Coaches or Officials

House Bill 4023 provides that a person commits aggravated assault when he or she knows the individual assaulted to be a sports official or coach at any level of competition and the act causing the assault to the sports official or coach occurs within an athletic facility or within the immediate vicinity of the athletic facility at which the sports official or coach was an active participant in the athletic contest held at the athletic facility. This violation is a Class A misdemeanor. The bill passed both houses on May 4 and has been sent to the governor. The drop date is August 3, 2004.

Open Meetings Act

House Bill 4247 amends the Open Meetings Act. The measure prohibits the inspection of the verbatim record of a closed meeting, including for discovery purposes, in a judicial proceeding other than in a judicial proceeding to determine whether the act has been violated. The bill would "require" (where the act now "permits") a court's examination of verbatim records in a civil proceeding to be conducted in camera. The bill passed both houses on May 28 and has been sent to the governor. The drop date is August 26.

Youth Officials

House Bill 6618 amends the Child Labor Law that requires a parent or guardian to accompany a 12- or 13-year-old minor who is officiating youth sports activities for a not-for-profit youth club, park district, or municipal parks and recreation department. The measure provides that the requirement is also satisfied if an adult designated by the parent or guardian accompanies the minor. This bill passed both houses on May 11. The drop date is August 9. If signed, the bill will go into effect immediately.

Extending the Homestead Exemption

Senate Bill 2112 amends the General Homestead Exemption provisions of the Property Tax Code. Under this measure, affecting counties with 3,000,000 or more inhabitants, if the assessed valuation of property has increased by more than 20 percent over the previous assessed valuation of that property, an additional exemption is allowed, with the amount of the additional exemption determined by household income. This bill passed both houses on May 25. The drop date is August 23, 2004. If signed, the bill will go into effect immediately.

The Future of Open Space Financing?

Senate Bill 3381 creates the Open Space Financing Act.

The measure also amends OSLAD and provides that grants for green infrastructure projects made before December 31, 2008 to units of local government may be conditioned upon the state providing assistance on a 60/40 matching basis and sets forth additional requirements for grants for green infrastructure projects. In considering applications for certain grants, the IDNR shall give scoring points to applicants demonstrating the greatest potential for improving water supply and quality or for reducing the capital, operating, or maintenance costs of meeting water-related infrastructure requirements.

The measure creates the Open Space Bond Repayment Fund and the Natural Areas Bond Repayment Fund.

The bill was referred to the Senate Rules Committee on May 26.

OSLAD Status As this magazine went to press, it appeared that the OSLAD fund would be incorporated into the state of Illinois' 2005 fiscal budget. The IAPD has been working with a coalition of more than 130 organizations called Partners in Parks and Wildlife: Campaign to Save Illinois' Nature and Open Spaces. As of the last week of June, the House had full funding included for OSLAD, and the Senate was including funding at one half of fiscal year 2004 levels, while the governor continued to eliminate OSLAD funding from his budget. In addition, the Senate passed House Bill 7181 (termed the Sweeps Bill). That measure would take the unexpended balance from a series of state funds. It would sweep $22.7 million of OSLAD money into the General Revenue Fund. The Governor's Office of Management and Budget determined that the OSLAD fund pays out approximately $15 million per year, and thus opined that this sweep does not damage local governments in the 2005 fiscal year. But in fact, the numbers work this way: There are currently $57.7 million of obligated OSLAD projects on the books at the IDNR. The OSLAD fund currently has an actual cash balance of $38 million. Subtracting the approximate $23 million in sweep money leaves $15 million in the fund. However, if the dedicated funding source is altered or otherwise raided by the governor, the OSLAD program will self-destruct in fiscal year 2006. This information has been communicated to the Illinois General Assembly and many members stand in staunch opposition to the governor's proposal to raid these dedicated monies. More than 90 legislators signed Representative Karen May's Dear Colleague letter to the governor asking that the OSLAD program not be eliminated. Senator Susan Garrett circulated a similar letter and had an excellent response among Senate members. A legislative alert will be sent to all members when the budget has been completed, and I want to commend each of you for the time you have token to advocate on behalf of OSLAD. It is truly a program that has grown directly from the legislative efforts of IAPD and IPRA and something that commissioners and professionals alike can take great pride in.

July/ August 2004 - 11