Legal/Legislative Scene

General Assembly approves major park, recreation legislative proposals

By Peter M. Murphy
Legal/Legislative Counsel

Peter M. Murphy

The Illinois General Assembly, working until the late hours of its 1987 legislative session, approved a number of proposals affecting the operation of Illinois park districts. These proposals included most of those initiated through the IAPD/IPRA Legislative Platform.

Leasing authority

Park districts received new authority to lease real estate that a park board deems not immediately necessary for park and recreation purposes. The term of such lease can extend up to 20 years. That previously controversial concept was adopted without fanfare by the Senate on June 23, 1987.

Tort reform

Limited change took place with regard to insurance and tort reform this session in light of the fact that many major changes were adopted last year, and a general feeling pervasive among members of the General Assembly that all parties concerned with the issue needed to give those proposals a chance to work. One proposal that was adopted, however, would allow actions to be brought against units of local government, not only in the county where their principal office is located, but also in the county where the transaction (accident) occurred out of which the cause of action arose.

Platform proposals

IAPD platform items adopted were H.B. 803, which extends to park districts the annexation power of cities and villages as it relates to territory which is not contiguous to park districts but separated therefrom only by a forest preserve district. This new legislation allows such territory to be annexed by a park district, and provides that such forest preserve district territory not be subject to rights-of-way without the consent of the forest preserve district.

House Bill 868, also approved, will provide increased participation for investors in the Illinois Park District Liquid Asset Fund. The bill expands the number of entities which have authority to invest in the Asset Fund to forest preserve districts, park district risk management groups and special recreation associations.

Receipts and disbursements

Clarification came as well to the statute governing the deadline for filing statements of receipts and disbursements. The deadline for filing such statements with the county collector has been extended from the current 60 days to 180 days.

SRA tax

The General Assembly, on June 30, endorsed S.B. 600, which increases the ceiling on the tax levy for units of local government participating in special recreation associations from .02 percent to .04 percent. The Statute's referendum by petition requirements were also removed.

House Bill 812, which increased the bid limit levels for park districts and forest preserve districts from $4,000 to $10,000, was amended during this session onto H.B. 1256, which the Senate approved on June 24, 1987. House Bill 1256 also authorized annual salaries not to exceed $3,000 for forest preserve district commissioners, and allowed the Cook County Forest Preserve District the right of first refusal for the purchase of any golf course in the district.

A change in the determination of the number of signatures necessary on the nomination petitions of park commissioners was added to the

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omnibus legislation put together by the House. The new provision requires petitions to be signed by not less than three percent of the number who voted for the commissioner receiving the highest number of votes at the preceding election for park commissioner.

This legislation has been held over to the fall session.

Annexation power

Park districts had their ability to annex municipal territory limited in those instances where the territory to be annexed is not currently the part of any park district. In such instances, the municipality to be annexed can only be annexed in its entirety.

Other issues

Legislation designed to create a Lake Michigan Protection Authority to control the development, protection and use of the water and shore of Lake Michigan was derailed this year. In addition, H.B. 1490, introduced by Rep. Ralph Barger (R-39), which provided that a municipal ordinance, rule or regulation would prevail over conflicting exercises of authority by other local governmental entities lost on third reading in the Illinois House. This legislation would have been very detrimental to the operation of all Illinois park districts.

The Illinois Press Association introduced S.B. 1272, which would have required park districts to publish in a newspaper of general circulation their budget and appropriation ordinance. The proposal was defeated in committee. Many of you will recall that the repeal of this requirement was a legislative platform item in 1982 and resulted in great cost savings to Illinois park districts.

In other action, the General Assembly endorsed proposals banning detachable pull-tab cans after June 30, 1988; authorized the Illinois Department of Conservation (DOC) to establish an Office of Tourism, and amended the Illinois Controlled Substances Act to provide the same increased penalties for violations committed in or around parks that schools now have.

Once again, this has been a successful legislative session for Illinois' park and recreation agencies. I would like to thank each of you who took the time from your busy schedule to make the legislative contacts necessary to communicate the importance of our legislative agenda to your individual Senators and Representatives. By doing so, you focus the issues for them and, as demonstrated by the results, they are happy to respond to your contacts.

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