Major Conservation Initiative Stalled in Illinois House By Peter M. Murphy IAPD General Counsel

Governor Jim Edgar's proposed budget for Fiscal Year 1995 includes a $6.5 million appropriation for a new initiative designed to stabilize funding for the protection and stewardship of Illinois' natural resources.

This initiative, HB 3477, called "Conservation 2000," is a six year $100 million program that responds to the recommendations of the Water Resources and Land Use Priorities Task Force. Created in 1992, the task force consisted of 25 citizens including IAPD President, Judy Beck, with diverse expertise related to agriculture, conservation, business, recreation, water resources and land use.

The major components of Conservation 2000, state agencies that will play a leading role, and proposed FY95 funding are: Agricultural Resource Enhancement (Department of Agriculture), $1.8 million for programs to fight soil erosion and sedimentation; Water Law and Policy (Department of Transportation), $125,000 to re- view state water laws; Lake Management (Environmental Protection Agency), $500,000 for lake protection and restoration activities; Ecosystem Monitoring and Long-range Planning (Department of Energy and Natural Resources), $225,000 to develop ecology indicators for an ecosystem monitoring program; and Ecosystem-based Management (Department of Conservation), $3.8 million to establish a statewide network of large "macrosites" for resource protection, stewardship, recreation and appropriate development.

Of the $3.8 million earmarked for the Department of Conservation, $2.5 million would be spent to begin developing the newly-acquired Site M in Cass County as a recreational facility. Another $500,000 would be spent to preserve critical habitat surrounding existing DOC sites through easements and long-term leases with private landowners. Land protected by conservation easements will remain under the control of the landowners. No right of public entry is granted.

The remaining $825,000 would be divided as follows:

*$250,000 for macrosite and greenway planning and coordination, in cooperation with other agencies and organizations, local governments, and local groups.

*$200,000 for operations and development of macrosites to expand site operations and develop compatible outdoor recreation facilities at macrosites and greenways.

*$200,000 for incentives and cost-share programs to encourage landowners to restore habitat such as prairies and open habitats, forests, streams, wetlands, fish habitat and windbreaks on private lands.

*$150,000 to expand the state nursery system to provide plants for public and private lands within macrosites and greenways.

Conservation 2000 and the Department of Conservation budget are now being considered in detail by the General Assembly.

ISTEA DEADLINE NEARS
The Illinois Department of Transportation has set a June 13 deadline for submittal of applications for the third cycle of grants under the federal Intermodel Surface Transportation Efficiency Act. Approximately $30 million is available this year to groups, agencies and municipalities to enhance transportation systems.

The act defines "enhancement activities" as provision of facilities for pedestrians or bicycles; acquisition of scenic easements and scenic or historic sites; scenic or historic highway programs, landscaping and other scenic beautification; historic preservation, rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals); preservation of abandoned railway corridors (including the conversion and use for pe-

10 * Illinois Parks & Recreation * May/June 1994

destrian or bicycle trails); control and removal of outdoor advertising; archeological planning and research; and mitigation of water pollution due to highway run-off.

The Department of Transportation administers the program in Illinois, and has master agreements with the Department of Conservation and Illinois Historic Preservation Agency to use their expertise in reviewing grant applications.

Last year, 75 projects valued at $39.3 million were selected for funding from among 270 applicants requesting more than $206 million. Of those 75, 36 were for non-motorized vehicle and pedestrian projects (bike paths, pedestrian ways and hiking trails) funded at $21 million; 20 were historic projects (rehabilitation and restoration) funded at $12.5 million; 18 were landscaping and scenic beautification projects (planting of perennials and wildflowers at highway interchanges and along local community roadways) funded at $5.5 million; and $300,000 was for control of outdoor advertising. Eleven of the projects, at a cost of $14.8 million, were state-sponsored, while 64, at a cost of $24.5 million, were locally sponsored.

Further information about the program is available by calling Dale Janik of the Illinois Department of Transportation at 800/493-3434.

BILL SUMMARIZATION
HOUSE BILL 2557-Hoffman
Amends the criminal code to make it an offense for any individual to make a threat in person to take the life of or inflict great bodily harm upon a public official or a member of his or her family.

A public official includes any person elected to office for the state or any of its political subdivisions.

LAST ACTION: House second reading.

HOUSE BILL 2627-Currie
This bill was introduced to clarify a DuPage County judicial discussion which required the tax rate levied for tort liability purposes to be limited by the general corporate rate of a political subdivision.

Those taxes are excepted from and shall not be included within the rate limitation imposed by law on taxes levied for general corporate purposes by the local public entity authorized to levy a tax under this section.

Those taxes that a local public entity has levied in reliance to this section and that are excepted under paragraph (1) from the rate limitation imposed by law on taxes levied for general corporate purposes by the local public entity are not invalid because of any provision of the law authorizing the local public entity's tax levy for general corporate purposes that may be construed or may have been construed to restrict or limit those taxes levied, and those taxes are hereby validated, this validation of taxes levied applied to all cases pending on or after the effective date of this amendatory act of 1994.

Passed May 3, 1994 - 83/23/7 LAST ACTION: Senate Local Government Committee.

HOUSE BILL 2812 - McGuire
Amends the Illinois Horseracing Act to provide in park districts where off-track betting parlors are located and operating prior to May 1, 1994, that the horseracing tax allocation be paid to such park districts operating a museum. In addition the legislation allows a park district that has no museum to use its allocation for general purposes.

LAST ACTION: House third reading.

HOUSE BILL 2919 - Stephens
Creates the Public Pay Equity Act to provide that the rate of change in compensations paid to employees of the State of Illinois, units of local government, and school districts shall not exceed the rate of change of compensation in private sector. The Act sets forth methods for making necessary calculations regarding private and public compensation levels.

The Comptroller shall make specified determinations under the Act, receive annual reports from governmental entities, and make an annual report to the Governor and the General Assembly regarding public and private compensation.

Arbitration awards and labor contracts that are inconsistent with the Act are prohibited.

LAST ACTION: House Rules Committee.

HOUSE BILL 2930 - Persico
Amends the Civil Administrative Code to authorize the Department of Conservation to establish and maintain Adopt-A-Park programs with individual or group volunteers in an effort to reduce and remove litter from parks and park lands.

LAST ACTION: House second reading.

HOUSE BILL 3052 - Currie
Amends Property Tax Code states that the purpose of the Code is to require taxing districts to disclose their intention to adopt an aggregate levy of 5% or greater than that extended in the previous year.

LAST ACTION: House second reading.

HOUSE BILL 3193 - Currie
Amends Civil Administrative Code; permits Dept. of Conservation to certify land encumbered by a conservation right and to resort land damaged by violation of a conservation right; other provisions. LAST ACTION: House Rules Committee.

HOUSE BILL 3528 - Wennlund
Amends the Rivers, Lakes, and Streams Act; makes technical changes.

LAST ACTION: House second reading.

HOUSE BILL 3593 - Wollard
Creates the Container Fee and Deposit Act; imposes a refundable advance disposal fee on certain containers that are not being recycled at a rate of at least 50%; creates the Container Recycling Trust Fund; other provisions.

LAST ACTION: House Environmental and Energy Committee.

HOUSE BILL 3622 - Giolitto
Amends the Intergovernmental Cooperation Act; requires special districts to give notice of the proposed annexation of territory to each township and county in which the territory is located.

LAST ACTION: House second reading.

Illinois Parks & Recreation * May/June 1994 * 11

HOUSE BILL 3820 - McGuire
New Act; the Workplace Safety Committee Act; provides that each public & private employer of at least 50 workers shall establish a safety committee at each of the employer's primary places of work; provides for composition, meetings, records, training of committees, etc.

LAST ACTION: House second reading.

HOUSE BILL 3826 - Lindner
Amends Downstate Forest Preserve District Act; authorizes a district located in a county under 400,000 to sell parcels of land under one acre in size.

LAST ACTION: House third reading.

HOUSE BILL 3850 - Saltsman
Creates the Limited Liability for Sports Officials Act to provide that sports officials are not liable for injuries claimed to have arisen by virtue of actions or inactions related to officiating duties at an athletic facility at which an athletic contest was played. The Act provides that sports officials are not immune for actions or inactions that are intentional, willful, wanton, reckless, malicious or grossly negligent.

LAST ACTION: House Rules Committee.

HOUSE BILL 3851 - Leitch
Amends Criminal Code; provides that harming someone whom the offender knows to be a sports official constitutes aggravated battery.

LAST ACTION: House second reading.

SENATE BILL 1191 - Klemm
Amends the Property Tax Code; provides that a taxing district may abate taxes on the property of a commercial or industrial firm to a maximum aggregate amount of $3,000,000 (now $1,000,000). Passed March 30, 1994 - 57/0 LAST ACTION: House Rules Committee.

SENATE BILL 1279 - Farley
Adds a purpose clause to the Truth in Taxation used requiring taxing districts to hold public hearings on their intention to adopt an aggregate levy in addition it requires taxing districts to publish their intention to adopt an aggregate levy in an amount more than 5% or the percentage increase in the Consumer Price Index which ever is less over the previous year's levy. The bill also sets a uniform date for filing appropriation ordinances. The uniform date for park districts is the first Monday in December.

Passed April 14, 1994 - 57/0 LAST ACTION: House Rules Committee.

SENATE BILL 1366 - O'Malley
Creates the Municipal Development Impact Fee Act; authorizes municipalities to impose impact fees on developers of property on account of increased costs incurred by the municipality or a school district, park district, library, or fire protection district that are attributable to the development.

Passed April 20, 1994-52/2 LAST ACTION: House Rule Committee.

SENATE BILL 1465 - Karpiel
Amends the Downstate Forest Preserve District Act by providing that the president of the board of commissioners of a forest preserve district shall have the power to appoint, with the advice and consent of the board, certain officers as may be necessary. The board may, by ordinance, establish procedures as it deems necessary concerning all matters involving district personnel.

LAST ACTION: Senate Rules Committee.

SENATE BILL 1476 - Syverson
Amends the Election Code and various acts concerning units of local government and school districts; standardizes provisions concerning publication or posting or ordinances and resolutions and filing of petitions with respect to back door referenda; other provisions.

LAST ACTION: Senate third reading.

SENATE BILL 1510 - DeAngelis
Amends the Property Tax Code to add, in the definition of "aggregate extension" in the Property Tax Extension Limitation Law within the Code; amounts of extensions to pay principal of or interest on general obligation bonds issued without referendum under the Park District Code, the Chicago Park Dist. Code, or the Downstate Forest Preserve District Act; other provisions.

Passed April 19, 1994- 40/11/4 LAST ACTION: Passed House Revenue Committee by a vote of 10-1. Those Committee members voting yes were:

Rep. Ellis B. Levin (D-12) Rep. Shirley M. Jones (D-6) Rep. Monroe L. Flinn (D-113) Rep. Larry W. Hicks (D-107) Rep. Arthur L. Turner (D-9) Rep. Maureen Murphy (R-30) Rep. Jack Kubik (R-43) Rep. Robert A. Biggins (R-78) Rep. Virginia Feister Frederick (R-59) Rep. Thomas J. Walsh (R-44) Voting no was Rep. Barbara Flynn Currie (D-25).

SENATE BILL 1574 - Stern
Amends the Municipal Code and the Park District Code to authorize municipalities and park districts to establish and maintain Adopt-A-Municipal Park or Shoreline programs and Adopt-A-Park or Shoreline programs, respectively, with volunteers or groups in an effort to reduce and remove litter from parks and shorelines.

LAST ACTION: Senate Rules Committee.

CONSTITUTIONAL AMENDMENT
The opportunity for a constitutional amendment requiring the State of Illinois to limit legislation passing along state mandated programs and their cost to local government failed in the Illinois Senate on Friday, May 6, 1994. Therefore, the opportunity for voters to approve this constitutional amendment at the general elections has been eliminated.

12 * Illinois Parks & Recreation * May/June 1994