Peter M. Murrphy
PETER M. MURPHY
IAPD General Counsel
STATEHOUSE INSIDER
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
Governor Proposes a New Home for DNR
Supreme Court Affirm's Ruling in Favor of Park Districts
ILLINOIS WILL BENEFIT from a new, central headquarters for the Illinois Department of Natural Resources if the General Assembly approves the plan announced by Governor Jim Edgar on February 6, 1998. This $30 million building will bring under one roof the many different divisions of the DNR that are currently spread across the city of Springfield in eight separate locations. This will bring new economy to the department with a long-term savings of $56 million over 30 years. The estimated cost to repay the bonds for the DNR building will be less in the fifth year than the annual rents on the buildings currently in use. This new location with over 200,000 square feet will enable the DNR to serve Illinois citizens more efficiently. The IAPD enthusiastically endorses the Governor's proposal as a great idea whose time has finally come. (See page 47 in the "Our Natural Resources" department for more on this proposal.)

SUPREME COURT DECISION: PARK DISTRICTS WIN!
On February 20, 1998, the Illinois Supreme Court rendered its ruling in the case of DuPage County Collector v. ANVAN. The Supreme Court affirmed the trial court's denial of the objector's motion for partial summary judgement and found that the trial judge properly overruled the objection to the bond levy of the Lisle Park District. The court further found that the park districts tax extensions (which pay for the refunding bonds to meet preexisting obligations on initial bonds issued prior to the act's effective date) were properly excluded from the aggregate extension and not subject to the act's tax cap. In layman's terms, we won!

This decision is extremely important to all park districts, because a contrary ruling would have required the payment of bond obligations from the general operating funds of a park district.

Our appreciation goes to the law firm of Chapman & Cutler, which successfully argued this case before the Supreme Court. The IAPD intervened as amicus curiae in this case at the District Court, Appellate Court and Supreme Court levels.

EDGAR'S BUDGET
On February 18 Governor Edgar presented his last budget message to the members of the General Assembly. In his message he outlined new funding for educating Illinois' youth. The budget commits nearly 7.3 billion dollars to this commitment with $480 million dollars going to elementary and secondary education.

The budget also provides 5 million dollars in education grants and other incentives to help museums make their exhibits and collections a part of classroom room learning.

The governor has proposed that this program be extended over a ten-year period. In addition, the new program provides for a five-year $50 million dollar capital program to help museums expand and move their exhibits for educational use.

This program will apply to museums in Chicago and throughout the state. The Governor spoke at length about the need in Illinois to protect its natural resources and provide dollars for the initiation of the Lincoln Presidential Library in Springfield. The development of site M in Cass County and completion of the 45-mile tunnel hill trail for hiking and hiking in Southern Illinois.

If you have specific questions about the Governor's budget, please do not hesitate to call the IAPD offices at 217.523.4554.

LOCAL TAXES ARE LOW
A recent report from the Taxpayers Federation of Illinois ranks Illinois among the fifteenth lowest states in state and local tax burden. That means that Illinois is below the Midwest average, the national average, and in fact, below the average of the ten

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ISSUES AND INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
largest industrial states in its state and local tax burden. When it comes to property taxes Illinois local government delivers more bang for the buck and this is information that should be shared with your community.

MANDATORY INVESTMENT POLICY
State Treasurer Judy Barr Topinka has proposed legislation (SB 1555) which would require every unit of local government throughout Illinois to adopt an investment policy for their agency. This legislation is on the fast track for passage. The Treasurer's office is currently in the process of developing a model investment policy for units of local government to adopt.

IN MEMORY OF SEN. SEVERNS
IAPD mourns the loss of friend and avid supporter of parks and recreation Sen. Penny Severns, who died of complications from breast cancer on Feb. 21. Severns' intelligence and drive will be missed in the halls of the State Capitol and especially by her constituents of the 51st district.

The legislative session is off and running with a number of new bill introductions that will affect the operation of park districts and forest preserves.

Adult Entertainment
HB 2473 (BLACK) Amends the Counties & Municipal Codes; bans a county/city from locating an adult entertainment facility within 1,000 feet of the property boundary of any forest preserve district.

All-terrain Vehicles
HB 2892 (CLAYTON) Provides that neither the state nor local governments owes a duty to keep safe premises for all-terrain vehicle users or to warn all-terrain vehicle operators of hazards on property in which a governmental body has an interest.

Architectural Fees
HB 2916 (T. JOHNSON) Amends Local Government Professional Services Selection Act; provides that a political subdivision may consider charges for professional fees/ expenses when awarding contracts for architectural, engineering or land surveying services.

Bingo
SB 1273 (WALSH) Amends the Bingo License & Tax Act; provides that a park district may provide a premises for the conduct of bingo without obtaining a license.

Chicago Park District
SB 1719 (CULLERTON, GARCIA, DE VALLE, COLLINS, HENDON) Requires Dept. of Natural Resources, subject to appropriation, to make a 50% matching grant to the

Chicago Park District for necessary dredging and reclamation of lagoons and ponds in city of Chicago parks.

Chicago Park District
HB 3453( CAPPARELLI, SAVIANO, DART, BROSNAHAN) Amends Chicago Park District Act; district may improve, maintain and equip land or estates when authorized by the Commissioners; may grant licenses, easement and rights of way for water, sewer, telephone, electricity, gas or other public services.

Computer Error Immunity
HB 3293 (BIGGERT) Creates Computer Error Immunity Act; grants immunity to state agencies, officers and employees and to local public entities and public employees from any cause of action resulting from a date error generated by a government computer.

Conservation Congress
HB 3051 (BRUNSVOLD, WOOLARD, NOVAK) Creates Conservation Congress Act; establishes the congress in the Department of Natural Resources, defines congress representatives and provides rules for administering the congress.

Debt Service Extension
HB 3647 (MCGUIRE) Amends Property Tax Extension Limitation Law;

adds to meaning of "debt service extension base" an amount equal to that portion of the extension for any park district for the 1991 levy year constituting an extension for payment of principal and interest on bonds issued by the district without referendum, but not including excluded non-referendum bonds.

Geese Harvesting
HB 2480 (T. JOHNSON, COWLISHAW) Amends Wildlife Code; requires Natural Resources Dept. to start a program in the collar counties surrounding Cook County for harvesting a certain percentage of Canada geese each year and using the harvested geese as a food source for local food banks.

Graffiti
House Bill 2511 (ZICKUS) Creates the Local Government Adopt-A- Public-Building Act; authorizes units of local government to create programs allowing private citizens to adopt a public building to remove graffiti.

IMRF
HB 2761 (BOLAND) Amends IMRF Pension Code; compounds automatic annual increase in retirement, incremental, disability, and survivor annuities.

Merging/Consolidation
SB 1331 (FAWELL) Amends Property Tax Extension Limitation Law; provides that if service and corresponding portion of the aggregate extension base transferred to a taxing district are for a service for which the transferee district doesn't currently levy, the provisions requiring a referendum to establish a new levy shall not apply

Property Taxes
SB 1388 (RADOGNO) Amends Property Tax Extension Limitation Law; provides, for levy years before the 1998 levy year, those taxing districts that reduced their aggregate extension for the last preceding levy year shall use the highest aggregate extension in any or the last three preceding levy years for computing the limiting rate.

Property Tax Study
HJR 41 (DANIELS) Creates 12-member Comprehensive Property Tax Study Commission to study issues surrounding the reliance on local property tax revenues to fund schools, and whether tax caps should be expanded beyond present geographic limits.

Real Estate Holdings
HB 2471 (SLONE) Amends the Park District Code; provides that any park district owning and holding real estate is authorized to give that property to the state of Illinois or another unit of local government.

Smoking
HB 2797 (RONEN, KRAUSE) Amends Clean Indoor Air Act; provides that units of local government may regulate smoking in public places; provides that regulations must be no less restrictive than the Act; makes other changes.

Snow/Ice Removal Immunity
HB 2465 (T. JOHNSON) Provides that immunity granted by Snow & Ice Removal Act extends to owners, lessors, occu-

ATTEND IAPD'S LEGISLATIVE CONFERENCE
Tuesday, May 12 Legislative Reception
Illini Country Club
6 p.m. to 8 p.m.
Wednesday, May 13
Legislative Conference

Springfield, Hilton
8:30 a.m. to 2 p.m.
For registration and details, contact IAPD at
217.523.4554.

March/April 1998 ¦ 13


STATEHOUSE INSIDER

pants and other persons in charge of any property (now residential property only); provides that immunity extends to any part of the property (now sidewalks only).

Threats to Public Officials
SB 1541 (DILLARD) Amends Criminal Code; provides that the threat may be made by any means of communication and extends the threat to that which would place the official or family member in reasonable fear of bodily harm, sexual assault, confinement, etc.; sets penalties.

Tort Immunity
SB 7628 (CULLERTON, DILLARD) Amends Section 3-108 of the Local Governmental and Governmental Employees Tort Immunity Act to remove the absolute immunity granted public entities that offer swimming. Replaces with a wilful and wanton standard whenever an activity is supervised. Opens the floodgates for litigation liability if failure to provide supervision.

Truth-in-Taxation
SB 1556 (FARLEY) Amends Property Tax Code; revises Truth-in- Taxation Law to require taxing districts to publish and hold public on their intention to adopt an aggregate levy in amounts more than 5% of the percentage increase in the CPI, whichever is less, over the amount of property taxes extended or estimated to be extended. 

14 | Illinois Parks and Recreation


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