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STATEHOUSE  I N S I D E R
ISSUES & INSIGHTS FROM THE L E G A L / L E G I S L AT I V E  S C E N E



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Peter M. Murphy
IAPD General Counsel
Has Your Agency Answered the Call for a Legislative Key Contact?


The Illinois General Assembly adjourned on May 31, after passing a budget initiative that, as of press time, was still on the governor's desk. Since the adjournment, there has been discussion about the budget being out of balance and the need for the governor to cut approximately $1.5 billion from the appropriation passed by the legislature.

At press time, environmental funding cuts that the governor proposed included a loss of $7.23 million from the State Cooperative Extension (4-H programs), a $3.4 million reduction in research in the Department of Agriculture, a $3.5 million reduction in funding for soil and water conservation districts and a $2.1 million reduction in water supply planning and management. In addition, at press time the governor was indicating that he would make a $14 million cut to the Illinois Department of Natural Resources' General Revenue Fund appropriation (GRF). Currently, the amount of money that the Illinois Department of Natural Resources (IDNR) receives from GRF totals $69 million. Consequently, a cut of $14 million would impact the department disproportionately compared to other state agencies and would result in further loss of head count by the IDNR.

To put the impact of this proposed 20 percent cut to IDNR general revenue funds in perspective, consider that at the end of June 2001 there were 1,982 staff members at the IDNR, according to figures supplied by AFSCME. By the end of June 2003, the governor's hiring freeze dropped IDNR staff to 1,615. By 2007, IDNR staff had been cut by 24 percent, with the deepest cuts coming from the IDNR Office of Land Management and the Office of Resource Conservation. Cut by 38 percent since 2001, the Office of Resource Conservation is the home for the biologists who oversee the state's land, wildlife, fish and forests. Over this time period, we have seen forest staff reduced from 23 to 17, fish biologists from 29 to 18 and fisheries technicians reduced to 6 people for the entire state.

It is anticipated that budget cuts will be taking place before the middle of July.

Also at issue is the passage of a capital plan for the state of Illinois. The "Illinois Works" package would call for capital appropriations necessary to support a $34 billion program. Included as funding sources are a lease of the Illinois Lottery, the allowance for a Chicago-based casino and additional bond authorization. In the Illinois Works program, only $200 million has been identified as set aside for the acquisition of open space.

Bill Watch

In other action, the Illinois General Assembly addressed a number of initiatives this year. Listed below are some of those that have an impact on park districts, forest preserves, conservation and recreation agencies.

Parental Responsibility for Property Damage

Senate Bill 1865, sponsored by Senator Michael Noland, amends the Parental Responsibility Law to increase parental responsibility for the second offense of a minor child from $20,000 to $30,000 and to permit recovery by governmental entities of attorney's fees in an amount not to exceed $15,000. Previously, units of local government were unable to recover attorney's fees. The bill passed both houses and was sent to the governor on June 27.


ip080710-2.jpg Please put it on your next meeting agenda to appoint a Legislative Key Contact who will advocate for responsible public policies.

Appropriations

House Bill 5701, sponsored by Representative Gary Hannig, makes fiscal year 2009 appropriations and re-appropriations to various officers and agencies, effective July 1, 2008. The measure funds the Open Space Lands Acquisition and Development program at $34 million and the Natural Areas Acquisition Fund at $15 million. The bill passed both houses on May 31.

Also passed on May 31 was Senate Bill 1102, sponsored by Senator Donne Trotter. This appropriations measure provides $3 million for park districts and other entities as provided by the Illinois Horse Racing Act of 1975 and to public museums and aquariums located in park districts, as provided by An Act Concerning Aquariums and Museums in Public Parks and the Illinois Horse Racing Act of 1975.




At issue is the passage of a capital plan for the state of Illinois. The "Illinois Works" package
would call for capital appropriations necessary to support a $34 billion program. In the
program, only $200 million has been identified as set aside for the acquisition of open space.


10   I l l i n o i s   P a r k s   &   R e c r e a t i o n   www.ILipra.org



Day Camp Counselors May Not Be Subject to the Adult Minimum Wage

Both houses passed House Bill 4583, sponsored by Representative Kathleen Ryg, which amends the Minimum Wage Law so that day camp counselors are not subject to the adult minimum wage if specified requirements are met. The measure also makes deletions to the Minimum Wage Law that limited the scope of the language to day camps of organized not-for-profit corporations. The bill defines "day camp" as a seasonal recreation program in operation for no more than 16 weeks intermittently throughout the calendar year, accommodating for profit or under philanthropic or charitable auspices, five or more children under 18 years of age, not including overnight programs. The term "day camp" does not include a "day care agency," "child care facility" or "foster family home" as licensed by the Illinois Department of Children and Family Services. The measure was sent to the governor on June 30.

IMRF Pensions and Benefits

Under Senate Bill 1957, the Illinois Municipal Retirement Fund's annuitant trustee would have the right to vote on any and all actions before the board of trustees. The bill also increases from four to five the number of concurring votes necessary for every decision or action by the IMRF board of trustees. This amendment to the Illinois Municipal Retirement Fund Article of the Illinois Pension Code passed both houses and was sent to the governor on June 27.

Defibrillator Grants and Requirements

The governor signed into law House Bill 1058 (now Public Act 95-721) sponsored by Representative Daniel Burke, which amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to provide that the Department of Public Health has the power to make matching grants from the Heartsaver AED Fund to: (i) any school, college or university (instead of any public school, college or university); (ii) any public park district; or (iii) any municipal recreation department; or (iv) any forest preserve district or conservation district to assist in the purchase of an Automated External Defibrillator. The bill removes the requirement that the entity be "required to have" an AED to be eligible for the grant and further provides that any entity applying for a grant shall not receive more than one grant from the Heartsaver AED Fund each fiscal year (instead of per facility). The new law went into effect immediately.

Sales or Leases of Chicago Park District Property

Senate Bill 2788, sponsored by Senator Don Harmon, amends the Chicago Park District Act to allow the Chicago Park District to sell, lease or otherwise convey all or any portion of district-owned property that is used solely and exclusively as office or administrative space. The bill overwhelmingly passed both houses and was sent to the governor on June 27.

Make Sure Your Agency has a Legislative Key Contact

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When - and, perhaps, even before - legislators return to the Capitol, your state association may need to remind lawmakers that the voice of Illinois parks and recreation is strong and unified behind such issues as providing open space in any capital budget and keeping proper staffing levels at IDNR.

To make the most impressive impact on legislators, we must show that our message has critical mass. Lawmakers often need to hear from as many agencies as possible. IAPD will coordinate such messages through the new Legislative Key Contact program.

I urge each agency's board to appoint one commissioner or trustee to serve as the agency's legislative key contact. From time to time the association will e-mail all key contacts, urging them to take action (and encourage others in their community to take action) on a specific issue.

Please put it on your next meeting agenda to appoint a Legislative Key Contact who will advocate for responsible public policies to benefit park districts, forest preserves, conservation, recreation and special recreation agencies.

Only you can ensure your agency has a voice in Springfield.

Legislative Key Contact Job Description

The Legislative Key Contact should be an elected official who is interested in the legislative process and in keeping abreast of legislation and its impact on parks and recreation in the Illinois. No legislative experience is necessary, just a willingness to learn and understand the legislative process. The key contact must be willing and able to communicate through e-mail.

Responsibilities of the Legislative Key Contact

  • Have agency formally appoint you as the agency's legislative liaison for one year.
  • Provide your contact information to IAPD.
  • Attend a meeting of all legislative key contacts for orientation and training.
  • Attend the IAPD Commissioner Boot Camp.
  • Stay informed about new legislation and legislative initiatives and report monthly at your agency board meetings.
  • Accept and read legislative updates and alerts from IAPD.
  • Attend a local legislative breakfast to become aware of park and recreation issues of importance.
  • Attend the IAPD legislative conference in Springfield.
  • Work with the agency director to establish positive relationships with local legislators.
  • Contact legislators and inform them of important park and recreation issues.
  • Encourage agency completion of the biennial Legislative Platform Survey.
  • Encourage the attendance of your local legislators at the Soaring to New Heights IAPD/IPRA State Conference and a local legislative breakfast.
  • Communicate with and update IAPD about legislative discussions and positions of local legislators that could be beneficial to our efforts in Springfield.

How to Designate Your Agency's Legislative Key Contact

Once your agency has decided which commissioner or trustee will serve as its Legislative Key Contact, go to IAPD's Web site at www.ILparks.org. On the home page, scroll down to the information about the Legislative Key Contact program. There, you will be directed to "click here" to sign up as your agency's Legislative Key Contact. You'll be asked for your contact information so that IAPD can alert you when your help is needed.


Follow the Action on the Web

Be up to date on any legislation the governor signs or vetoes and follow the work of any special session that occurs this summer by tracking legislation on the Web.

Go to the IAPD Web site (www.ILparks.org) and roll over the "Public Policy" button on the left side of the home page. From the fly-out menu, click on "Complete Bill Review." At the Bill Review Page, you can access IAPD's Web site. At either site, you can see the latest news on any piece of legislation impacting park, recreation, conservation and special recreation agencies. If you need assistance, call the association at 217-523-4554.



www.ILparks.org    J u l y  /  A u g u s t  2008   11


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