Legal/Legislative Scene

Local Government Push for Constitutional Amendment on State Mandates

In an election year, one can expect to see a number of new legislative initiatives proposed. The IAPD will be tracking these proposals and analyzing their potential impact on park and forest preserves as units of local government. The initiative discussed below on state mandates would have a positive impact on all local government.

STATE MANDATES

One of the things that adds to the financial woes of local government is the costly burden placed on it by state and federal mandates that are not accompanied by funding. Examples of such requirements abound with the most visible now being the required compliance with the Federal Americans With Disabilities Act and its evolving requirements. Many subtle burdens are also passed along as well.

One of the strong legislative efforts this year by the IAPD and other associations representing local government will be to secure the passage of a Constitutional Amendment prohibiting state government from passing new unfunded state mandates.

Initially, the issue of unfunded state mandates resulted in a state statute entitled the State Mandates Act. The Act, which took effect in 1981, put in place a framework that the General Assembly must comply with before the passage of legislative mandates.

The law requires fiscal notes to be filed that set forth the potential cost of legislation to local governments. It allows for local governments to file a claim for reimbursement when unfunded state mandates are imposed. However, because of procedural defects, the Act has been circumvented, proven unworkable and has not been funded. The State Mandates Act simply has not stopped the passage of unfunded mandates.

The proliferation of new costs imposed upon local governments is documented in a 1992 study by the Illinois Department of Commerce and Community Affairs (DCCA). In that report, DCCA estimated that, since 1981:

"[T]here are 237 Public Acts listed in the catalog, creating 68 Organization and Structure Mandates, 49 Due Process Mandates, 30 Service Mandates, 51 Tax Exemption Mandates and 126 Personnel Mandates. The total cost that could be estimated is $201,457,265, less State participation of $11,357,713, leaving a local government cost of $190,099,552."

Note that this report was unable to document a financial cost for many substantial mandates such as collective bargaining.

That citizens of Illinois want a constitutional amendment is clear. In 1992, the General Assembly approved Senate Bill 1556. That legislation required a statewide advisory question be placed on the ballot urging an amendment to the Illinois Constitution limiting new State mandates.

The question in the 1992 general election was:

"Should the Illinois General Assembly, in order to stop increasing property taxes due to unfunded mandates on local government, approve a Resolution for a State Constitutional Amendment prohibiting the General Assembly and Governor from adopting new unfunded State mandates that impose additional costs on units of local government?"

The citizens of Illinois voted overwhelmingly. The statewide totals were: 3,001,471 Yes/722,016 No. This translates into 80.60% of Illinois voters casting a ballot in the 1992 general election for the General Assembly to approve a resolution for a State Constitutional Amendment prohibiting new unfunded State mandates.

Local government organizations have, in an ongoing effort to halt unfunded mandates, endorsed House Joint Resolution Constitutional Amendment 14. HJRCA 14, sponsored in the House by Representatives Granberg, Novak, Von Bergen-Wessels, Balthis, Saviano, Weller, Prussing and Balanoff, was overwhelmingly ap-

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proved on May 11,1993, with 113 Representatives voting yes. The bill was then moved to the Senate for consideration.

In the Senate, HJRCA 14 is sponsored by Senators Watson, LaPaille, Geo-Karis, Cullerton, Klemm and Rea.

HJRCA 14 amends Article VII of the Illinois Constitution of 1970 (the local government section). Anew section 13 is added which provides the following key points:

1. Requires the State to provide funds to reimburse local governments when the legislature or executive action requires an expansion or modification of local government activities necessitating the expenditure of revenues.
2. Funds are not required if local governments request the mandate of if the mandate was prior to the effective date of this change.
3. Mandates that are not funded are not enforceable unless the bill passes by a four-fifths vote of each house.

Passage requires a three-fifths vote of the Senate.

(HJRCA 14 must be approved six months prior to the general election or before May 8,1994, if the question is to be placed on the November 8th ballot.)

STATE BUDGET

Governor Jim Edgar unveiled a $31.5 billion budget for fiscal year 1995 (beginning July 1, 1994) which is 4.2 percent higher than the outlay for the current year.

The $246 million increase the Governor proposes for education represents nearly a 25 percent jump over the $200 million hike provided to schools this year.

Edgar's budget proposes increases of $160 million for elementary and secondary education and $86 million for grants and operations at state universities and colleges. It also includes $143 million in capital funds — nearly a 50 percent increase over this year — for construction and equipment throughout the state's higher education system.

Highlights of the budget include:

• $153 million increase for the Department of Children and Family Services.

• $83 million increase for the Department of Mental Health and Developmental Disabilities. With the increase, the department's budget will top $1 billion for the first time.

• Six-year, $100 million program to bolster the state's soil conservation efforts, to preserve and manage Site M and other great expanses of land and to protect inland lakes.

• $3.1 million for a study to set the state for high-speed rail service in the Chicago-St. Louis corridor.

• $15.9 million appropriation to construct a state-of-the-art crime laboratory in Chicago.

• Funds to open additional prison beds at East St. Louis, Mount Sterling, Canton, Sheridan, Tamms and Kankakee and continuing work on the Super Max facility in Alexander County.

CONSERVATION BUDGET

Governor Edgar proposed a $198.8 million budget for the Department of Conservation in Fiscal Year 1995 that includes new initiatives to provide long-term protection for the state's natural resources and jobs for older Illinoisans at state parks.

The Governor also announced a new program called Conservation 2000, which responds to recommendations of the Water Resources and Land Use Priorities Task Force and provides $3.8 million in new funding for a broad-based approach to protection and development of Illinois' natural resources. The responsibility for this program will be spread among the following three state agencies — Illinois Department of Conservation Department of Energy and Natural Resources and Illinois Department of Agriculture.

Included in the plan is $2.5 million to begin the planning and development of recreational facilities at the 15,574-acre Cass County property, known as Site M, purchased by the state last year. The money will initiate development of a lake, boat ramps, parking, trails and camping facilities.

Another $500,000 will be used to preserve critical habitat surrounding existing department sites through easements and long-term leases with landowners, similar to federal cost-share programs. That funding is in addition to the $3.1 million expected to be spent on habitat improvements this year from stamp fees, including the new habitat stamp introduced last year.

Conservation 2000's goal is to establish a statewide system of sites interconnected by greenways through a combination of land acquisition, conservation easements and incentives to private landowners by the year 2000.

The initiative also includes a cooperative planning effort between state, federal and local agencies and private organizations for large sites and the strips of land that connect them, called greenways, using computerized geographic information to assist in site design, development and management. A network of volunteers also will be established to implement environmental education programs, trail development and maintenance and resource protection.

The lAPD's passage of a dedicated stream of revenue continues to pay big dividends as OSLAD grants to local governments for park acquisition and development will increase by $2.4 million to $11.2 million as the department's share of the real estate transfer tax increases. The Department has also budgeted $1.0 million for Land and Water Conservation Fund grants and $2.0 million for bikeway acquisition and development.

Dedicated dollars from the Natural Areas Acquisition Fund will provide $4.8 million for stewardship and critical preservation efforts, a $1.1 million increase from the current year.

An estimated $825,000 in revenue from the state's new environmental license plate will be used to enhance state park maintenance and to begin a program to hire senior Illinoisans. The license plate features the state bird — the cardinal — and the state prairie grass — the big bluestem. The cost for each set of plates is $88, of which $25 per set will be allocated to the Department of Conservation for state park purposes.

Through a combination of $15.9 million in bonds and $18.2 million in dedicated agency funds, the department will be able to make $34.1 million in necessary improvements to its facilities.

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TRANSPORTATION ENHANCEMENT GRANTS

On February 16, 1994, the Governor announced the release of $39.3 million for projects to enhance transportation systems in communities and the state with bikeways, pedestrian walkways, special landscaping, as well as restored historic transportation related facilities.

The funding announced is for 75 projects, including 64 that were submitted by local units of government. These projects are valued at $24.5 million. The remaining 11 projects, at a cost of $14.8 million, are sponsored by the state.

The sponsors of the projects are required to match the federal funds equal to 20 percent of the project cost, and provide the necessary right of way, project management and maintenance of the facility upon completion.

The program is administered by the Illinois Department of conservation and the Illinois Historic Preservation Agency.

Projects for the second cycle were selected in the following categories:

Non-Motorized Vehicle and Pedestrian Projects. Thirty-six projects at a cost of $21 million. These include bike paths, pedestrianways and hiking trails.

Historic Projects. Twenty projects at a cost of $12.5 million. These include rehabilitating building with transportation linkages, restoring brick streets and renovating facades in historic districts.

Landscaping and Scenic Beautification Projects. Eighteen projects at a cost of $5.5 million. These include planting perennials and wildflowers at selected interstate highway interchanges and within local communities.

Control of Outdoor Advertising. $300,000 for the voluntary removal of non-conforming billboards.

OSLAD/LAWCON & ISTEA GRANT APPLICATIONS

Reminder — Park, forest preserves and conservation districts interested in applying for OSLAD/LAWCON grants must submit applications by July 1. ISTEA grant applications must be submitted by June 13. For information, contact IAPD, (217) 523-4554 or the Department of Conservation, (217) 782-7481.

The following agency was inadvertently eliminated from the listing of IAPD member grant recipients appearing in the January/February issue of Illinois Parks and Recreation. The City of Pontiac received $200,000 to develop a community sports complex which would include two Little League baseball fields, a girls' softball field, two adult softball fields, fencing, bleachers and a restroom/maintenance building.

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Legal/Legislative Scene