Legal/Legislative Scene

Legislative platform outlined

By Peter M. Murphy

Peter M. Murphy

On Jan. 10, 1987, the IAPD board took action to approve a new legislative platform, previously approved by the IRPA board, for introduction to the 85th General Assembly (1987 session).

The platform is designed to enhance the ability of park, forest preserve and conservation districts to offer recreational opportunities for citizens throughout Illinois. The following proposals should also make "doing business" easier, as well as increase revenues for all members.

The following items comprise the approved legislative platform for 1987:

• Increase in the bid limit authority for park and forest preserve districts from a current level of $4,000 to $10,000.

• Amendment of the Illinois Park District Liquid Asset Fund to enable funds to be invested by the Chicago Park District, forest preserve districts, conservation districts and park district intergovernmental agencies, such as risk management agencies and special recreation associations.

This proposal will result in taxpayer savings as those units of local government will be able to maximize the return on their investments.

• Modification of The Park District Code to clarify the number of signatures required on nominating petitions for park commissioner.

• Amendment to Section 5-8 of The Park District Code to provide for an increase in the ceiling of the tax rate for funding joint recreational programs for the handicapped. The increase would take the levy from its current level of .02 percent to .04 percent, and it would remove the referendum requirement so that such increase, if approved by the membership of an SRA, could be applied uniformly.

• Removal of the current statutory impediment to distribution of motor fuel tax monies to park, forest preserve and conservation districts.

This much needed revenue would supplement the monies currently expended for road maintenance needs.

• Extension to park districts the annexation power of cities and villages as it relates to territory which is not contiguous to a park district, but separated there from only by a forest preserve district. This legislation retains full autonomy for forest preserve districts over the territory owned by such districts.

• Clarification of the inconsistency in the reporting requirements of the annual statement of receipts and disbursements. Currently, all units of local government are required to publish a copy of such statement within six months after the close of the fiscal year, and file a certificate of publication with the county clerk thereafter. However, such Act also provides that the annual statement of receipts and disbursements be filed with the county collector within 60 days after the expiration of each fiscal year. Failure to do so would authorize the county treasurer to withhold payment of funds until receipt. This 60-day time period will be extended under this legislation to six months.

• Support for funding through the Build Illinois program for the Open Space Land Acquisition and Development Matching Grant program.

The Associations will also be exploring other sources of new State revenue to fund this critical, important capital improvement program. (These will be reported in the next issue of the IPR.)

Other legislation

Since 1987 is the odd-numbered year of the biennium, the majority of all substantive legislation will be introduced and acted on by the end of June. This year the legislature has shown an increased tendency to consider greater numbers of bills each session, and some of those which you should keep an eye on this year as having the ability to affect your operations are:

HB 13 CAPPARELLI — Enacts the Property Tax Freeze Act; provides that the amount of property taxes extended in 1987 and 1988 may not exceed the 1986 extension; provides certain exceptions.

HB 22 CAPPARELLI — Amends Revenue Act; increases the general Homestead Exemption from $3,500 to $5,000 for 1987 and subsequent years.

HB 62 CULLERTON — Amends EPA Act; requires all beverage containers to be returnable and have a re-

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fund value of at least 10 cents; bans detachable pull-tab beverage cans; requires distributor to pay retail dealer an additional two cents for each container redeemed.

HB 106 KLEMM — Amends Prompt Payment Act; requires a vendor to initiate a request for interest penalty due and payable on a late payment of properly approved bills for goods or services.

HB 128 O'CONNELL — Amends Local Governmental and Governmental Employees Tort Immunity Act; repeals provision requiring notice of injury within one year for civil actions commenced against local public entity for acts or omissions committed while acting in the scope of employment.

HB 129 O'CONNELL — Amends Local Governmental and Governmental Employees Tort Immunity Act; provides that revenues derived from a tax levied for purpose of self-insuring shall be maintained in separate funds and used only to pay tort judgments and settlements.

HB 161 BARNES — Amends State Mandates Act and Fiscal Note Act; requires Commission on Intergovernmental Cooperation to prepare fiscal notes on bills creating or expanding a State mandate for units of local government, school districts or community college districts; other provisions.

HB 170 PARCELLS — Amends Local Governmental and Governmental Employees Tort Immunity Act; provides that interest on funds raised to pay tort judgments or settlements or for risk care management may be used only for such purposes.

HB 171 PARCELLS — Amends Local Governmental and Governmental Employees Tort Immunity Act; limits the amount of general obligation bonds a local taxing entity may issue to create a reserve for tort judgments to 110 percent of the average of such judgments or settlements for the preceding three years.

HB 210 PANAYOTOVICH — New Act strictly limits liability for persons who, without pay and as volunteers, serve as managers, coaches, instructors, umpires or referees of not-for-profit amateur sports programs.

HB 239 PULLEN — Amends the Municipal Code; bans cities from imposing a tax or surcharge based on or added to fees imposed by a park district; preempts home rule.

SB 37 DAVIDSON — Amends Act relating to liability of owners of recreational areas made available to the public; defines duties and obligations of owners; redefines terms "recreational purposes," "charge" and "recreational area."

State Rep. Jim McPike (D-112), center, was recently honored by the Illinois Association of Park Districts (IAPD) for his efforts during the 1986 legislative session to secure assistance for park, forest preserve and conservation agencies which were affected by the liability insurance crisis. IAPD Exec. Dir. Ted Flickinger praised the House Majority Leader's excellent overall voting record in support of Illinois park, forest preserve and conservation districts. Peter Murphy, IAPD's legal/legislative counsel, and Flickinger made the presentation in McPike's Capitol office.

State of the State

On Feb. 4, 1987, Gov. Thompson delivered his 11th State of the State message. One of the areas that he identified as a goal was the need to "... acquire more land for recreation before it is gobbled up by the demands for housing, transportation, business and agriculture."

"Even if we cannot afford to develop or operate it now," he said, "we must begin to bank it for the future."

Session deadlines

The House and Senate have established the following dates as deadlines for bills for the 1987 session:

• Introduction of bills: April 10.

• Committee reports on bills in house of origin: May 8.

• Third reading and passage in house of origin: May 22.

SCA 2 WATSON — Proposes that bills requiring spending by local governments or school districts of funds in order to implement that bill shall not become law unless either (1) passed by 3/5ths of elected members to each chamber or (2) it provides for reimbursement to such local districts of such funds and passes both chambers by a majority from both chambers.

Secondly, he opened the door for the establishment of fees and charges to support State recreational facilities by indicating that Illinois had too long relied on general revenue funds for that purpose, and that he would no longer resist reviewing a formula for fees and charges to ensure that, "... our current system is rational and productive for this decade and the next century."

• Committee reports on bills from other house: June 12. (Senate has June 18 date for House appropriation bills.)

• Third reading on bills from other house: June 26. (Senate has June 25 date for House appropriation bills.)

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National issues

Land and Water Conservation Fund

The National Recreation and Park Association (NRPA) is recommending that Fiscal Year 1988 appropriations for the Land and Water Conservation Fund (LWCF) provide $200 million to match the recreation investments of state and local governments.

This request reflects a belief that state and local LWCF grants are investments in our national estate that parallel direct funding for federal land acquisition. Because of matching, each LWCF grant leverages twice as much money for recreation acquisition and development. Thus, the $3 billion in LWCF grant funds since 1965 has resulted in more than $6 billion of investments in local and state parks. The matching provisions have also encouraged generous private donations of land, money and labor.

Since 1981, LWCF appropriations for state and local grants have declined percipitously. The 88 percent reduction in annual grant funds appropriated between Fiscal Years 1980 and 1987 has drastically reduced the number of projects that can be funded. Beyond that, the cutbacks have produced qualitative changes.

Because of the small amounts available to each state, most have placed dollar limits on the amounts that can be applied for, which has shifted funding mostly to smaller development projects. Instead of looking to the long-term future of their overall park systems which would involve land acquisition and major enhancements of existing opportunities, many state and local recreation authorities have been reduced to funding only minor, incremental improvements.

Even with such reduced horizons, requests for Land and Water grant assistance continue to exceed the amounts available by 300 to 400 percent every year. Data on Fiscal Year 1987 are not yet available. However, based on previous backlogs, requests for assistance are expected to exceed $300 million.

Estimated apportionments of LWCF grant funds at the recommended $200 million level would yield $7,770,000 for distribution in Illinois. This represents a wishful but unrealistic goal for funding at the federal level when one takes into consideration the Administration's recommendation of zero dollars for stateside funding. It does point out, however, that we in Illinois must redouble our efforts to educate our Congressional delegation about the significant contributions the LWCF has made to Illinois.

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