STATEHOUSE INSIDER

ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

Prolonged debate on a variety of major issues pending before the Illinois General Assembly has made this legislative session one of the most interesting in many years. Clearly it can be characterized as a contentious session as the budget and the subsequent vetoes by the governor have caused much consternation among a variety of groups and local governments across Illinois. Although the House restored the majority of vetoed funds, the Senate failed to act on all but a small percentage. At this writing, the Illinois General Assembly is continuing its legislative session and will be addressing the issue of funding transit (CTA/RTA) in Chicago and the collar county areas.

In addition, still pending is the issue of a capital budget. It is evident that the only viable identified source for the capital budget at this time is the expansion of gaming in Illinois. The size of the gaming package will determine how large a capital budget can be offered. Since the last major capital program was in 1999, Illinois' infrastructure could definitely use the influx of new dollars.

Great Lakes Protection

This year there were many highlights including the passage of the Great Lakes-St. Lawrence River Basin Water Resources Compact Act (House Bill 375, Public Act 95-238). It was important for Illinois to finally join with its fellow states that encircle the Great Lakes system. These states include Indiana, Michigan, Minnesota, New York, Ohio, Wisconsin and the Commonwealth of Pennsylvania. The compact will provide oversight of the impact on the basin ecosystem that results from incremental effects of all aspects of withdrawal, diversion or consumptive use in addition to other past, present and reasonably foreseeable future withdrawals. The compact will go a long way towards protecting the Great Lakes through a unified collective effort by the aforementioned states.

Increased Funding for Zoos, Museums and Aquariums

The Forest Preserve Zoological Parks Act was amended (House Bill 405, Public Act 95-643) to permit an increase in the annual tax for forest preserve zoos in a county with a population in excess of 140,000 but less than 200,000. In addition, the Park District Museum and Aquarium Act was amended to provide for an increase from the current ceiling of 7 cents per $100 of equalized assessed valuation to 15 cents. The increase from 7 to 15 cents would require a referendum submitted to the voters of the district. Upon approval of a majority of those electors voting on the proposition, the tax would then be authorized.

Park District Authority to Reject Bids Based on Quality of Service

Park District bid limits were also impacted this year by the passage of House Bill 553 (Public Act 95-67). At issue was a clarification that park districts did have the ability to reject bids that did not meet the district's established specifications, terms of delivery, quality and service ability requirements.

Open Meetings Act Amended for Five-Member Boards

Also passing this year was an amendment to the Open Meetings Act (House Bill 1670) that for the first time allowed two members of a five-member governing board to discuss public business without being in violation of the Act. The Act does require that a three-person majority approve all board action. Public Act 95-245 became effective on August 17, 2007.

Legislation Impacting Forest Preserve Districts

Forest preserve districts had a variety of pieces of legislation pass this year that impacted their operation. The first was House Bill 1671 (Public Act 95-246), which provides that a forest preserve acquiring a parcel of land in excess of 600 acres that includes one or more vacant lots may sell the out lots when the board of commissioners determines that the sale is advantageous to the district. The board must approve the sale by an affirmative vote of two-thirds of the members of the board then holding office. The board may not approve a sale unless all parcels involved in the sale have been appraised by an Mil appraisal or a state certified real estate appraiser within one year before the date the sale is to take effect. Further, any property sold under this authority must be sold for fair market value.

10 Illinois Parks & Recreation www.ILipra.org

Forest preserve districts also received authority similar to that of which park districts have been the beneficiaries. House Bill 1673 (Public Act 95-218) provides that forest preserve districts, in the preparation of the annual appropriation ordinance, may set aside an amount not to exceed .02 percent of the equalized assessed value of the forest preserve district and may accumulate a separate fund for the purpose of specific capital improvements, repairs or replacement of district equipment or other tangible property. The fund must be designated as the Capital Improvement Repair or Replacement Fund, and expenditures from the fund must be appropriated for the fiscal year in which the capital improvement, repair or replacement will occur.

OSLAD and NAAF Funding

As previously reported this year and noteworthy is the sum of $34,000,000 that was appropriated for the Open Space Land Acquisition and Development Act. This represents a seven percent increase over last year's funding level. In addition, a sum of $15,000,000 was appropriated to the Natural Areas Acquisition Fund. This influx of additional monies will go a long way to offsetting some of the pent up demand for the acquisition and development of open space.

Green Governments

Also passing this year was Senate Bill 46 (Public Act 95-657),

which created a new act entitled the Green Governments Illinois Act. The genesis behind the act was the reality that government operations have an impact on environmental quality and the use of natural resources. The act established a Green Governments Coordinating Council whose purpose is to integrate more fully into the ongoing management systems, long-range planning and daily operations of state agencies a number cost-effective environmental sustainability measures. For more information on this piece of legislation, please see the IAPD Web site.

Local Government Consolidation

The Local Government Consolidation Commission reporting deadline was extended for a year to no later than December 31, 2007. The commission has not met for the past five months, and it is unknown at this time when the commission will meet again.

Planning for Bicycle and Pedestrian Ways as Part of Transportation Facilities

The Illinois Highway Code was amended to provide that bicycle and pedestrian ways be given full consideration in the planning and development of transportation facilities and that, in - or within one mile of- urban areas, bicycle and pedestrian ways shall be established in conjunction with the reconstruction or other change of any state transportation facility except in pavement resurfacing projects that do not widen the existing traveled way or where approved by the Secretary of Transportation based upon documented safety issues, excessive cost or absence of need.

Bicycle and pedestrian ways may be included in pavement resurfacing projects when local support is evident for bicycling or when walking accommodations can be added within the overall scope of the original roadwork. The department is charged with establishing design and construction standards for bicycle and pedestrian ways, and, beginning July 1, 2007, the act shall apply to planning and training purposes only. Beginning July 1, 2008, the act shall apply to construction projects.

i-SPACE

Finally, it should be noted that the Illinois Association of Park Districts, in conjunction with Partners for Parks and Wildlife, has been working diligently this year to attempt to ensure that monies for open space acquisition are included with any capital budget passed by the Illinois General Assembly.

Clearly parks and open spaces are important for children's physical and mental health, and they help in the fight against obesity and healthcare costs by supporting exercise and recreation. According to the Trust for Public Land, 67 percent of children have no access to a nearby park or playground. These children exercise less and suffer higher levels of obesity, diabetes, asthma, anxiety and depression. The Illinois Special Places Acquisition Conservation and Enhancement (i-SPACE) program would provide funds to make more parks and outdoor experiences accessible to more Illinois children.

The Illinois Association of Park Districts continues to provide up-to-date information on all pending legislation at its Web site: www.ILparks.org.

11 www.ILparks.org November/December 2007