Legal/Legislative Scene

Legislative Platform progressing through General Assembly

By Peter M. Murphy
Legal/Legislative Counsel

The attached legislative platform includes the entire legislative agenda of the Illinois Association of Park Districts (IAPD) and the Illinois Park and Recreation Association (IPRA). Please keep it handy so it can be used to discuss the legislative issues it presents with your local legislators.

Peter M. Murphy

As of this writing. House Bills 803, 812, 868, 1538 and 1922, and Senate Bill 600, have all been reported out of committee. House Bills 1044 and 1521 have been held in committee. Watch this column for additional information on the progress of these proposals.

Keep your eye on ...

HB 106 KLEMM — Amends The Prompt Payment Act. Provides that a vendor is required to initiate a request for the interest penalty due and payable on a late payment of a properly approved bill for goods or services. Further provides that the Court of Claims shall provide for interest penalties prescribed by the Act in its investigation of payments due claimants.

HB 232 STECZO — Amends Prompt Payment by State Act. Requires payment for perishable goods within 30 days of approval of the bill or invoice, and notice of whether the bill or invoice was approved within seven days of receipt of the bill or invoice. Requires agency head to be responsible for compliance with Act. Makes other changes. Effective Jan. 1, 1988.

HB 552 SLATER — Amends The Park District Code. Permits park districts of fewer than 500,000 inhabitants to lease property the district deems is not required for park or recreational purposes to any individual or entity, and to collect rents therefrom.

HB 594 PETERSON — Amends The Park District Code. Prohibits annexation by a park district of territory within a municipality, not currently a part of any park district, unless the annexing park district annexes such municipality in its entirety.

HB 627 PARLEY — Amends The Toxic Substances Disclosure to Employees Act. Provides that the hazard warnings on the containers of toxic substances in workplaces shall include descriptions of physical hazards, health hazards, route of entry, symptoms of acute and chronic exposure, safe handling procedures and emergency procedures.

HB 1254 STECZO — Amends an Act in relation to forest preserve districts in counties having a population of less than 3,000,000 to provide that property of a forest preserve district shall not be subject to eminent domain proceedings.

HB 1456 PARLEY — Creates the Lake Michigan Protection Authority to control the protection, development and use of the water, shore and bed of Lake Michigan; transfers to the Authority the powers and functions of the Illinois Department of Transportation that relate to Lake Michigan; authorizes the Authority to assume, by rule, any power or function of a unit of local government that relates to Lake Michigan; authorizes the Authority to review and oversee the expenditures of public funds for the protection or development of the lake, and the development of related policies and comprehensive plans. Preempts home rule powers. Effective immediately.

HB 1490 BARGER — Amends The Illinois Municipal Code. Provides that a municipal ordinance, rule or regulation shall prevail over conflicting exercises of authority by other local governmental entities.

HB 1572 PARLEY — Amends the Illinois Controlled Substances Act to provide that violations of the Act committed in or around public parks require the enhanced penalties now required for committing such offenses around schools.

HB 1613 O'CONNELL — Amends The Illinois Vehicle Code. Provides that no local authority, including the corporate authorities of any park district, shall prohibit any second division vehicle under 8,000 pounds, which is used for noncommercial purposes, from operating or parking upon any boulevard unless such prohibitions also apply to first division vehicles. Preempts home rule. Effective immediately.

Illinois Parks and Recreation 10 May/June 1987

Legislative update

(Continued from page 10)

HB 2187 BRAUN — Authorizes a governing body of a unit of local government or school district which is elected at large and which is a defendant in a case arising under the Federal Voting Rights Act to change the method by which the governing body is elected to a district election of such governing body subject to approval of the federal courts.

HB 2569 CURRIE — Amends The Freedom of Information Act to allow a State's Attorney to file suit under the Act and to require an explanation of the exemption when a request for information is denied. Also provides when the head of a public body denies an appeal under this Act, the person denied access is to be given an index of the records he has been denied.

HB 2731 COUNTRYMAN — Creates The Local Governmental Districting Act. Prescribes procedures for dividing local governmental units into districts when a court orders such division for the purpose of electing members of the unit's governing body from such districts rather than at large.

HB 2751 FLINN — Amends The Truth in Taxation Act to provide that the preceding year against which the current estimated levy is measured for determining if the Act is applicable shall be the year prior to the immediately preceding year if in that year the taxing district had a higher levy.

HB 2754 BRAUN — Creates The Illinois Coastal Resources Management Act. Provides for the management and regulation of a defined coastal zone in the State of Illinois by the Division of Water Resources of the Illinois Department of Transportation in conjunction with any certified Municipal Management Program established by any municipality for that portion of the coastal zone under its jurisdiction. Effective immediately.

SB 540 DEGNAN — Amends The Election Code. Requires an employer to allow an employee who is a candidate for public office to be absent from his employment without penalty on the day of the election.

SB 634 TOPINKA — Adds to Acts in relation to forest preserve districts. Grants a right of first refusal to districts within Cook and the collar counties for the purchase of public or private golf courses within the district.

SB 710 VADALABENE — Amends The Illinois Municipal Code. Prohibits municipalities with a population of 1,000,000 or less from imposing a tax or surcharge based on or added to fees imposed by a park district. Preempts home rule. Effective immediately.

SB 948 SMITH — Amends the Minimum Wage Law by raising the minimum wage, effective Jan. 1, 1988, to $3.85 per hour or in the case of employees under 18 years of age to $3.25 per hour; effective Oct. 1, 1988, the minimum wage is raised to $4.25 per hour, or in the case of employees under 18 years of age to $3.60 per hour, and effective July 1, 1989, the minimum wage is raised to $4.65 per hour, or in the case of employees under 18 years of age to $3.95 per hour.

SB 1274 WELCH — Amends The Park District Code to require all park districts to publish all ordinances making appropriations in a newspaper of general circulation, except for park districts with a population of less than 500 where notices shall be posted in public places.

Illinois Parks and Recreation 26 May/June 1987

Your legislative program is paying dividends!

On April 6, 1987, Gov. Thompson announced approval of nearly $7 million in Build Illinois funding and federal grants for the expansion and improvement of recreational facilities in park districts and communities throughout Illinois.

Included in the announced funding is $618,000 from the current fiscal year's appropriation for the State's Open Space Land Acquisition and Development (OSLAD) program, part of the Build Illinois initiative, and $1.4 million in federal funds from the Land and Water Conservation Fund (LWCF) appropriation to Illinois for FY '87. The remaining $4.9 million is expected to come from OSLAD's FY '88 appropriation.

Fifty-six grants are included in the $7 million: 12 from FY '87 OSLAD and LWCF appropriations and 44 recommended for FY '88 funding.

The FY '87 OSLAD and LWCF grants will be distributed upon completion of the projects for which they were approved. The FY '88 OSLAD grants are contingent upon General Assembly approval of that appropriation later this year.

The OSLAD program was created two years ago in conjunction with the Build Illinois program. Both IAPD and IPRA played a large role legislatively in achieving a set aside of these new monies for park, forest preserve and conservation development and acquisition. The program is designed to provide $5 million annually for five years, for distribution by the Department of Conservation.

Last year's OSLAD grants were the first award under the new plans.

The continuation of this important source of funding through the Build Illinois program is critical to the future development of recreational facilities for Illinois citizens, and every park district should take the time to make this point with their State legislators.

Recipients of grants for FY '87 land acquisition include the Wheaton Park District, $335,350 for acquisition of 51.6 acres of Lincoln Marsh, a natural flood plain, wetland prairie, dry prairie and young upland forest area which will be linked in the future by trails to the Illinois Prairie Path, Great Western Train, DuPage County Fairgrounds and DuPage Government Center.

Only one OSLAD development grant was approved for FY '87 funding. The Town of Cicero will receive a $200,000 grant to undertake initial development of the 10.5-acre Cicero Citizens Park.

Five land acquisition and two development projects were approved for FY 1987 LWCF grants. The acquistion grants include the:

Forest Preserve District of Cook County, $250,000 to acquire 7.3 acres of "very rare" prairie land within the Wolf Road Prairie, adjacent to the district's Bemis Woods Preserve in Proviso Township. The prairie tracts, which also adjoin other Wolf Road Prairie segments sought by the forest preserve district, will be developed for passive recreational use, including bird-watching, walking and nature study.

DuPage County's Division of Transportation, $130,950 for acquisition of a 14.6-acre

linear property, owned by Commonwealth Edison Co. and extending between Winfield Mounds Forest Preserve and the City of West Chicago, for development as a critical link in the Illinois Prairie Path Trail and the Fox River Trail.

Kane County Forest Preserve District, $157,500 for acquisition of a 42-acre, one-mile section of Fox River frontage between West Dundee's Riverfront Park and the Voyagers Landing Forest Preserve near Elgin, for development as a segment of the Fox River Trail system.

Rolling Meadows Park District, $275.000 to acquire the eight-acre Creekside Woods, the last natural open space remaining in the community, for development as a nature preserve.

Roselle Park District, $243,125 to acquire the 36-acre Clauss Farm for development of a community park having a pond, four ballfields, two play areas, a 250-car parking lot, jogging path, nature center and community center.

FY '87 Land and Water Conservation Fund development grants include:

Batavia Park District, 1.200,000 for development of a 17-acre neighborhood park and link it to the Illinois Prairie Path. Proposed facilities include a playground accessible to

handicapped children, a tot lot, restroom facilities, tennis and basketball courts, soccer and baseball fields, bleachers, a pond for ice skating and fishing, sled hill, picnic grove, 100-car parking lot, and trails for cross-country skiing, hiking and hiking.

Fox Valley Park District, $143,500 for development of a three-mile trail to join the 45-mile Illinois Prairie Path and 50-mile Fox River Trail, and to provide the new section with fencing, signs, security lighting, landscaping, guard rails, limestone and asphalt paving, and drop gates.

OSLAD land acquisition grant award recommendations for FY '88 funds include the: Burr Ridge Park District, $112,500; Cook County Forest Preserve District, $400,000; Country Club Hills Park District, $44,000; Hoffman Estates Park District, $144,000; Lockport Township Park District, $26,500; Schaumburg Park District, $241,500; Village of Streamwood, $400,000, and Wheat-on Park District, $263,250.

FY '88 development grants recommendations include the: Alsip Park District, $110,000; Chicago Heights Park District,$12,000; Clyde Park District, $200,000; Cook County Forest Preserve District, $200,000;

Dundee Township Park District, $200,000; Freeport Park District, $25,000; Joliet Park District, $200,000; Lisle Park District, $200,000; Lockport Township Park District, $118,250; Macon County Conservation District, $92,450, and Marengo Park District, $84,300.

Others are the: Mt. Prospect Park District, $189,800; Oregon Park District, $96,750; Round Lake Area Park District, two grants, $79,800 and $94,500; Springfield Park District, $22,450; St. Eimo Park District, $49,250; Streamwood Park District, $200,000, and Winnetka Park District, $200,000.

Illinois Parks and Recreation 26 May/June 1987