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STATEHOUSE INSIDER
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

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PETER M. MURPHY
IAPD General Counsel

Governor Blagojevich Signs Park District Legislation

Over the past several weeks, Governor Blagojevich has acted to approve a number of important park and recreation initiatives.

Refunding of Debt

Senate Bill 2054 (Public Act 94-628),sponsored by Senator Don Harmon and Representative Kevin McCarthy, clarifies that refunding of referenda-authorized debt does not affect or reduce the nonreferendum bonding ability of Illinois park districts.

Review of Closed-Session Minutes

Senate Bill 1857 (PA-542), sponsored by Senator John Cullerton and Representative Skip Saviano, provides a safety net for those units of local government, which have, through an oversight, failed to review their closed-session minutes in a timely manner.

Protection From Annexation

On August 1, Governor Rod Blagojevich approved a measure that protects park district property. Senate Bill 1826 (Public Act 94-396) sets forth the principle that there can be no annexation of park district property by another unit of local government without the approval of the park district board. This means that municipalities and other governments will have to work with park districts to reach a mutually beneficial agreement prior to including park district property within their boundaries.

In most instances, park districts and municipalities have historically worked well together towards this end. It is, however, always the aberrant situation that requires legislative action.

Meanwhile, Senate Bill 2085 (PA 94-544) puts to rest the question of whether or not a municipality could coerce another unit of local government to annex into its boundaries in return for the continuation of water and sewer services. The new measure provides that this can no longer occur, and it is an important step to ensuring that local government works together to address constituents' needs in a more cost effective manner.

Congratulations to all of you who worked so hard to make this legislation possible. We commend Governor Blagojevich on his approval of this important park district legislation.

Conservation Agency Bid Limit Increase

On August 4, Governor Blagojcvich approved House Bill 1323 (Public Act 94-454), which increases the bid limit under the Conservation District Act. Prior to this legislation, contracts for supplies, material or work in excess of $10,000 would have to be awarded to the lowest bidder. Under the new act, only those contracts in excess of $20,000 would need to be awarded to the lowest bidder.

Workers' Compensation

On July 20, Governor Blagojevich signed legislation that changes the workers' compensation system to reduce costs for businesses, increase benefits for workers and fight fraud. House Bill 2137 (Public Act 94-277) creates cost containment in workers' compensation for Illinois business owners by joining 44 other states in implementing a medical fee schedule that will be indexed to the Consumer Price Index (CPI).

The minimum benefit for a worker killed on the job increases from $400,000 for 20 years of payments to the greater amount of $500,000 or 25 years of payments. The measure also establishes a fraud unit within the Illinois Department of Financial and Professional Regulation (IDFPR) and creates a third panel to the Workers' Compensation Commission. It increases penalties for unreasonable delays of workers' compensation benefits from $10 per day to $30 per day and from $2,500 per claim to $10,000 per claim.

Expanded Workers' Picketing Rights

On July 26, Governor Blagojevich signed House Bill 1480 (Public Act 94-321), which allows people involved in labor disputes to picket, post temporary signs, park vehicles and set up tents or other temporary shelter areas for the picketers on public rights of way without having to get a permit.

Parental Liability

With the signing of House Bill 766 (Public Act 94-130), agencies will be able to recover $20,000 worth of damages (per occurrence) from parents whose children commit willful or malicious acts — such as vandalism — that cause injury. The previous maximum recovery was $2,500 per occurrence.

10 Illinois Parks and Recreation www.ILipra.org


Theft of Government Property

House Bill 1434 (Public Act 94-134) creates a higher penalty for the theft of governmental property. The statute defines governmental property as "funds or other property owned by the State, a unit of local government, or a school district." Depending on the value of the property stolen, offenders may be charged with a Class A misdemeanor up through a Class 1 non-probational felony.

Personal Protection for Government Employees

House Bill 1588 (Public Act 94-333) provides that a person commits the crime of aggravated battery if the person committing the battery knows that the victim is an employee of a political subdivision engaged in the performance of his or her authorised duties at the time the battery takes place.

For more information on these bills and other park district, forest preserve, conservation and recreation agency legislation, please contact Peter Murphy, IAPD General Counsel, at 217/523-4554 or pmurphy@ilparks.org.

Advocacy Tips

The Congressional Management Foundation (see www.cmfweb.org) recently issued a report titled Communicating with Congress, which looks at how congressional offices deal with the influx of messages on Capitol Hill.

One finding is that "personalized or individualized messages to Congress have more influence on Members' decision-making process than do identical form messages. Only 3% of staff surveyed say identical form postal mail would have a lot' of influence on their Member of Congress if he/she had not reached a decision. In contrast, 44% report individualized postal letters would have 'a lot' of influence."

The key points:

•  Quality is more persuasive than quantity.
•  There is a difference between being noticed and having an impact.

Findings also revealed that:

•  Congress received four times more communications in 2004 than in 1995. The increase comes from Internet-based communications. Congress received 200,388,993 communications in 2004. The House received 10,400,000 communications by post and 99,053,399 via the Internet. The Senate received 7,935,594 by post and 83,000,000 via the Internet. During this decade, the staffing levels of members' personal offices have not changed.
•  Half of congressional staff surveyed believes identical form communications are not sent with constituents' knowledge or consent. Another 25 percent are unsure about the legitimacy of these communications. Additionally, 89 percent would like the ability to differentiate form communications generated from membership lists from those sent through direct constituent action.

Referendum News Now on the Web

Frequent readers of this column know that I include election information featuring the success or failure of park district referenda throughout the state after each election cycle. This information is helpful to those agencies seeking to craft referenda for their communities. To avoid having you dig through past issues of the magazine, the IAPD Web site now features historical information on park and recreation referenda from the most current and past years. Look for it at www.ILparks.org on the Public Policy page under Referenda Results.

National Front Transportation Re-Authorization

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Congress passed the long-awaited reauthorization of the nation's surface transportation bill on July 29.

SAFETEA-LU, the Safe, Accountable, Efficient Transportation Equity Act — a Legacy for Users, is the bill that authorizes spending for a six-year re-authorization of the nation's surface transportation program. In SAFETEA-LU, park and recreation-related spending categories have been increased by hundreds of millions of dollars above the last authorization, and long-standing statutory protections for historic sites, park and recreation areas, wildlife refuges, and waterfowl areas known in the law as Section 4 (f) have been preserved.

Highlights include: approximately $3.5 billion for transportation enhancements; $370 million for the Recreational Trails Program (an increase of 62 percent over funding levels in TEA 21); full funding for the Sports Fishing and Boating Safety Education Act, at nearly $ 100 million per year; increases for the Scenic Byways, Federal Lands Highways Program, and the Congestion Mitigation Air Quality Program (CMAQ) (a program that contains funding for bike-ped transportation corridors); as well as a number of new programs that may hold opportunities for park and recreation agencies and local communities, such as the Safe Routes to School Program (SR2S) funded at $61 2 million; a non-motorized pilot demonstration program for four selected cities at $25 million; and the new Transit in the Parks Program for federal agencies.

LWCF

The House and Senate voted by overwhelming margins to pass the Interior Appropriations bill (H.R. 2361). The bill includes $30 million for the Land and Water Conservation Fund (LWCF) state assistance program. This is a major victory for parks and recreation advocates in light of the president's recommendation to terminate the program in his proposed budget for 2006. The bill also includes $115 million for the federal side of LWCF, a $101 million decrease from fiscal year 2005.

Consumer Price Index Rises for 2005 — Extension Limit is 3.3%

Section 18-185 of the Property Tax Code defines CPI as "the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor." This index is sometimes referred to as CPI-U. Section 18-185 defines "extension limitation" as "the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year."

For 2005 extension (taxes payable in 2006), the CPI change is measured from December 2003 to December 2004. The U.S. City Average CPI for December 2003 was 184.3 and for December 2004 was 190.3, so the change to be used for computing the extension limitation under Section 18-185 is 3.3%. This percentage change was calculated by subtracting the December 2003 CPI (184.3) from the December 2004 CPI (190.3) and then dividing the result by the December 2003 CPI (184.3).

www.ilparks.org September/October 2005 11


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