STATE HOUSE INSIDER

ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

Governor Ryan Announces Illinois FIRST $12 billion for infrastructure initiatives

PETER M. MURPHY IAPDGeneral Counsel

ON TUESDAY, May 4, Gov. George H.Ryan revealed his plans for one of Illinois' most aggressive infrastructure initiatives called "Illinois FIRST." The main components of Illinois FIRST are:

• The Transportation 21 Plan: A $4.1 billion supplement to the state's existing surface and air transportation program for roads, rail and air infrastructure.

• The Transit 2000 Plan: A $4.1 million allocation for bus, rail and other mass transportation infrastructure needs in Northeastern Illinois and other cities with established transit districts.

• The Classroom 21 Plan: A $2.2 billion allocation to the state's existing school construction fund.

• The Fund for Illinois'Future: A $ 1.6 billion allocation for projects in local communities to bolster the state's economy, promote a clean environment and improve the overall quality of life throughout Illinois:
local water and sewer projects; brownfield and landfill mediation and redevelopment; bike trails, parks and local recreation and sports facilities; resource preservation projects; historic preservation; and technology infrastructure improvements.

Financing for the four component funds will be accomplished through a combination of state, federal and local resources. The state of Illinois will increase its current bond debt by $4.3 billion. In addition, the state will allocate $2 billion for projects that can be funded on a pay-as-you-go basis over the next five years. In all, the state's funding commitment will total $6.3 billion.

That commitment will allow state government to leverage $3 billion in available federal construction funds that currently are not available for Illinois projects because the state lacks the appropriate federal matching dollars and allow the RTA to sell $1.6 billion in bonds.

The $1.6 billion of general infrastructure improvements will include monies to improve the quality of Illinois' natural resource base and recreation facilities. At this point there is consensus among the legislative leadership that Gov. Ryan's program is important for Illinois, but differences of opinion exist as to funding sources and levels.

RYAN'S BUDGET ADDRESS

In his budget address on February 17, 1999, Gov. Ryan staked out bold new initiatives to protect Illinois' Natural Resources. In his message he stated: "Our forests, our waterways, our wildlife are all gifts to us. They should not be misused. A prime commitment of this administration will be to honor our rule as stewards of nature's gifts to us. To reinforce that promise, I will, by Executive Order, establish the Environmental & Natural Resources Subcabinet. I want agencies to work together to coordinate their activities, and not work at cross-purposes. I want my grandchildren, and yours, to enjoy all the blessings nature has given to all of us. That is my commitment. That is my promise. As a further measure of my commitment to our stewardship, I ask you to approve my request for a $160 million bonding program to create an open lands trust, which will allow us to significantly increase our state's ability to acquire unique natural resource areas for the benefit of our children and grandchildren. That is a monument we can all be proud to share in. And we will do more. We will expand the open space lands and development program to fund small neighborhood parks, large urban parks and natural areas. We will develop greenways and trails, bicycle paths, boat access areas; and we will continue turning abandoned mine land into recreational lands. And we will do more."

The Illinois Open Land Trust passed the General Assembly on May 5.

LEGISLATIVE PLATFORM

TheIAPD/IPRA Legislative Platform has met with great success this year as the Illinois Senate approved HB 841,HB842,HB843 andHB 1151 on Tuesday, May 11. HB 842 which was amended in the Senate to increase the aggregate number of acres that a park district can lease from an individual and

14/ Illinois Parks and Recreation

offer tax free status will be sent back to the House for concurrence. The current aggregate limitation is 20 acres per district. The bill increases this amount to 50 acres in the aggregate.

Currently, legislation is also pending to remove local governments from the State Gift Ban Act and create a local Gift Ban Act which would provide more specificity for local governments attempting to comply.

In addition, legislation is pending that would permit irrigation contractors to install, service and maintain irrigation systems in lieu of the current ruling that only plumbers can perform this function.

For other legislation of interest see Bill Watch.

Questions about bill status? Visit lAPD'swebsite, www.als.uiuc.edu/ iapd.

Association Initiatives HB 833 (J. Meyer) - (Dillard)

Amends Park District Code; provides that park districts may lease their real estate to any corp. organized in the state that covenants to use the property for park purposes or gets other similar property for those purposes. 5-11-99 Senate Calendar Third Reading

HB 840 (J. Meyer)

Amends Local Records Act concerning disposition rules; makes a technical change. 5-11-99 Passed Both Houses

HB 841 (A. Moore) • (Peterson)

Amends the Park District Code; provides that the issuance of certain bonds does not limit a park district's right to issue non-referendum bonds. 5-11 -99 Passed Both Houses Position: Platform Issue - Support

HB 842 (A. Moore) - (Peterson)

Amends Property Tax Code; provides that property leased to a park district for $1 or less per year and used exclusively as open space for recreational purposes is exempt from taxes, up to 20 acres per lease (now, limit is 20 acres in the aggregate for each district). 5-11-99 House Calendar Order of Concurrence Position: Platform Issue - Support

HB 843 (A. Moore) - (Fawell)

Amends Park District Code; provides, at end of fiscal year, any funds not pledged for or allocated to a particular purpose may be transferred to and accumulated in a park district's capital improvement fund. 5-11-99 Passed Both Houses Position: Platform Issue Support

HB 1151 (Parke) - (Sieben-Jones,W.)

Amends Park District code; allows a district to transfer the interest earned on any of the moneys of the district to the fund of the district that is most in need of the interest; exempts interest earmarked for a designated purpose and interest earned on funds used for purposes of the Pension Code and Local Governmental and Governmental Tort Immunity Act. 5-11-99 Passed Both Houses Position: Platform Issue

Bidding

HB 1372 (Hoffman)

Creates the Second Lowest Bidders' Protection Act. Provides that the second lowest bidder on a public works project and any person who entered into a contract with the second lowest bidder who suffers damages as a result of the rejection of a bid for the public works project because the successful bidder violated certain labor Acts may bring an action for damages against the violator, subject to specified restrictions. 3-26-99 Referred to House Rules Committee

Bingo
SB 32 (O'MALLEY,WALSH)

Amends Bingo License & Tax Act; provides that a park district may provide a premise for the conduct of bingo without obtaining a license from the Department. 5-4-99 Placed on House Calendar Third Reading

Computers, Donated

HB 497 (Names, Mathias)

To create a program to refurbish and upgrade donated computers as high quality computers for use by children in schools, park district programs, and community centers; requires Corrections Dept. to start a correctional industry whereby donated computers are refurbished by prisoners. 4-26-99 Passed Both Houses

Computer Immunity HB 293 (Fritchey)

Creates the Local Government Computer Immunity Act and amends the Local Governmental and Employees Tort Immunity Act; provides that no cause of action may be brought against the State or any of its agencies or against a local public entity or employee on the basis that a computer or other information system produced, calculated or generated an incorrect date, regardless of the cause of the error; other related provisions. 3-5-99 Referred to House Rules Committee

Conservation Congress

HB 463 (Novak, Brunsvold)

New Act; the Conservation Congress Act; establishes such in the Natural Resources Dept; provides that Dept. shall adopt rules to administer such; defines congress composition. 4-29-99 Referred to Senate State Government and Operations

Criminal Code SB 7 (O'Malley)

Amends Criminal Code; provides that it is a Class 4 felony for sex offenders to be present in a public park, building or grounds, or to loiter on a public way within 500 feet of any of those places when persons under 1 8 are present in the building or grounds. 5-4-99 Placed on House Calendar Third Reading

HB 408 (L. Long)

Amends Criminal Code; provides that the offense of threatening a public official includes conveying the threat by radio or computer. 5-7-99 Passed Both Houses

May/June 1999 /15

Debt Reform

HB473 (Schoenberg)

Amends Local Government Debt Reform Act;

provides that, with authorization of the governing body, the treasurer of a governmental unit may join with the treasurers of other governmental units to jointly invest funds in the treasurer's custody. 5-4-99 Referred to Senate Rules

Drug Forfeiture SB 675 (Halvorson)

Amends Cannabis Control, Controlled Substances and Narcotics Profits Forfeiture Acts; provides that a municipality may use its share of drug forfeiture proceeds for park district or municipal recreational programs for youth at risk. 3-18-99 Senate Calendar - Consideration Postponed

Emergency Vehicles

HB 1396 (Scott)

Amends the Illinois Vehicle Code to provide that the Local Governmental and Governmental Employees Tort Immunity Act shall not be superseded by provisions of the Illinois Vehicle Code requiring public employees who are driving emergency vehicles to drive with due regard to the safety of all persons. 3-26-99 Referred to House Rules Committee

Family and Medical Leave

HB 2 (M. Madigan)

New Act; the Family and Medical Leave Act; similar provisions to those in the federal Act of 1993, except that it applies to employers with 25 or more (instead of 50 or more) workers, and some of the provisions of the federal law regarding federal workers and federal matters have been deleted or changed. 3-25-99 Referred to Senate Rules Committee

Flex-lime Rights

HB 3 (M. Madigan)

New Act; the Flex-time Rights Act; provides that an employer of 25 or more persons must grant leave of up to total of 24 hours during any calendar year to workers who meet specified eligibility criteria. 3-26-99 House Calendar Consideration Postponed

Freedom of Information

HB 538 (Hamos)

Amends Freedom of Information Act; provides that information that is requested to further a commercial enterprise or purpose is exempt from public copying and inspection. 3-5-99 Referred to House Rules Committee

Gift Ban

HB 1464 (Hannig) - (Dillard)

Creates the Local Gift Ban Act, plus amends State Gift Ban Act; bans workers and elected appointed local government officials and school district officials from asking or accepting gifts from entities having interests affected by the actions of such workers and officials; applies also to such workers and officials spouses and certain family members; permits designated ethics officers; recommends certain disciplinary actions for violations; violation is a business offense subject to a fine of up to $5,000; preempts home rule;provides for various descriptions and definitions. 4-27-99 Placed on Senate Calendar Order of Third Reading

IMRF
HB 441 (Giglio)

Amends IMRF Pension Article to compound automatic annual increase in retirement, incremental, disability, and survivor annuities. Amends State Mandates Act. 3-5-99 Referred to House Rules Committee

SB 100(Burzynski,R. Madigan)

Amends IMRF Article of Pension Code; provides a program of group health benefits for retired employees and their dependents/survivors. Provides that Fund defray part of cost of participation; active employees shall contribute 1% of earnings and employees 1.25% of payroll to subsidize participation costs. Amends State Mandates Act. 3-20-99 Referred to Senate Rules

Municipal Code

HB 390 (Skinner, Lindner)

Amends Municipal Code; provides that if property in a municipality also lies within a park district and is being taxed for recreation purposes by both muni. and park district, then corporate muni. authorities may pay all or part of park district tax to the County Treasurer. County clerk shall abate in proportionate amounts for each parcel the tax extension of the park district. 3-25- 99 Referred to Senate Rules Committee

Property Rights

SB 26 (Petka)

Limits the eminent domain activity of forest preserve districts prohibits the taking of property for recreational purposes if owner occupied. 5-7-99 Placed on House Calendar Second Reading

Properly Tax Code

SB 37 (Peterson)

Amends Property Tax Code regarding filing of tax objection complaints in counties under 3 million; provides that county clerk shall notify each taxing district that may be affected by the complaint of the reason for the tax objection; exempts Mandates Act; other provisions. 5-7-99 Placed on House Calendar Third Reading

SB 104 (Rodogno)

Amends Property Tax Extension Law in Property Tax Code; provides that for levy years before 1999, taxing districts reducing their aggregate extension for the preceding year shall use the highest aggregate extension in any of the last 3 years for computing the limited rate. For 1999 levy year and after, if the aggregate extension is less than the amount authorized, the difference may be added to the numerator in computation of the limiting rate for succeeding years. 3-20-99 Referred to Senate Rules Committee

HB 263 (Giglio)

Amends the Property Tax Code; provides that beginning with the 1999 levy year, assessor may not increase the value of a tract or lot of land by more than 5% over the assessed value of the previous year, unless the value increase is due to new or added buildings, structures, or other improvements or if the amount of increase in value exceeding 5% was established in the sale of the property in on arms length transaction. 3-5-99 Referred to House Rules Committee

HB 1327 (Cowlishaw)

Amends the Property Tax Code. Provides that a taxing district may intervene in any case in which an objection is filed against the taxing district's levy by filing an appearance in the cose with notice. Provides that the taxing district is then responsible for defending the levy and the State's Attorney is relieved of the defense. Provides that the taxing district may also then participate in the court conference with the objector. Effective immediately. 5-6-99 Placed on Senate Calendar Third Reading

Tax Cap

SB 345 (Parker)

Amends the Property Tax Extension Limitation Law in the Property Tax Code. In the definition of "aggregate extension" for taxing districts that were not subject to the law before the 1995 levy year (except those taxinc districts subject to the law by referendum) excludes extensions made to fund the district's expenses to provide recreational programs for the handicapped under the Park District Code. 3-20-99 Referred to senate Rules Committee

Tort Immunity

SB 941 (Klemm) - (Winters)

A local public entity shall not expend any revenue from taxes levied under this Act for operations, maintenance, or new construction. The annual report shall also identify that all expenditures from the reserve or from property taxes levied or extended for tort immunity purposes are expended according to subsection (a) and Section 9-107. A local public entity that maintains a self-insurance reserve or that levies and extends a property tax for tort immunity purposes must include an audit or report of any expenditures made from the property tax levy or self-insurance reserve within the scope of the annual report or audit report. 5-4-99 House Calendar Order of Second Reading

Truth in Taxation

SB 36 (O'Malley)

Amends Truth in Taxation Law; requires taxing districts to hold public hearings on their intention to adopt an aggregate levy; sets uniform dotes for the public hearings of local taxing districts; exempts Mandates Act. 3-20-99 Referred to Senate Rules Committee

Vehicle Code

SB 101 (Parker)

Amends Vehicle Code; For liability purposes, provides that bicyclists are intended users of all streets and highways in Illinois except those where bicycles are prohibited. 3-24-99 Tabled by Sponsor 

16/ Illinois Parks and Recreation

ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

April 13 Referendum Results

Below is a report of select referenda (those affecting park districts and forest preserves) submitted to the voters for the General Election held April 13, 1999. The data was obtained from election authorities and jurisdicrional canvassing board abstracts. There were a total of 352 referenda proposals appearing in the General Election, 222 passed and 130 failed.

					Votes
County	District	Type	Description	Pass/Fail	Yes/No
Cook	Berwyn Pd	Tax Rate Increase	a tax of 25% for the purpose of recreational programs as provided in Section 5-3a of The Park District Code	Fail	644/2516
Kankakee	Bourbonnais Township PD	Taxes/Corporate	Shall the mininmm tax rate for the corporate fund of the Bourbonnais Township PD be established at 09 percent on the equalized assessed value instead of 10 percent?	PASS	2701/1307
		Taxes/Recreation	Shall the maximun tax rate for the recreation fund of the Bourbonnais Township PD be established at 0825 percent on the equalized assessed value instead of 075 percent?	Fail	809/3247
		Taxes/Police	Shall the maximum tax rate for the police fund of the Bourbonnais Township PD be established at 00525 percent on the equalized assessed value instead of 007 percent?	PASS	2544/1510
Dupage	Carol Stream PD	Taxes	A tax of 25% for all corporate purposes provided in Section 5-3 of The Park District Code?	Fail	918/2369
Mc Henry	Cary PD	Taxes/Corporate	A tax of 25% for all corporate purposes as provided in Section 5 -3 of the Park District Code?	PASS	1838/1378
Mc Henry	Crystal Lake PD	Taxes/Corporate	Shall the Crystal Lake PD be authorized to levy and collect an additional tax of not to exceed 035% for all corporate purposes as provided in Section 5-3 of the Park District Code?	PASS	4269/3189
Cook	Dolton PD	Taxes /Corporate	A tax of 25% for all corporate purposes as provided in Section 5-3 of The Park District Code?	PASS	701/644
DuPage	Glen Ellyn PD	Bonds	Shall the bonds or notes of the Glen Ellyn PD to the amount of Three Million Five Hundred Thousand Dollars ($3,500,000) be issued for the purpose of acquiring land, building, maintaining,improving and protecting parks and facilities?	PASS	701/644
DuPage	Golfview PD	Corporate	a tax of 10% for all corporate purposes as provided in Section 5-3 of the Park District Code	Fail	243/245
Lake	Grayslake PD	Taxes	a tax not to exceed 04% for the purpose of funding the Park District's share of providing recreational programs for the handicapped as provided in Section 5-8 and 8-lOb of The Park District Code?	PASS	1411/1290

May/June /17

18/ Illinois Parks and Recreation