Attorney General Pushes FOIA Changes
$17.8 million in OSLAD funds for parks, facilities in 2000

PETER M. MURPHY
IAPD General Counsel

ATTORNEY GENERAL Jim Ryan is pushing for passage of legislation (HB 3469) which will provide additional enforcement options to individuals denied access to public records. This election year initiative would permit a person denied access to inspect or copy a public record by the head of a public body to request a review of the denial by the Attorney General. The request for review must be in writing, signed by the requestor, and shall include a copy of the request for access to records, the appeal, and any responses from the public body. .

Within three business days after the receipt of a proper request for review, the Attorney General shall notify the public body of his or her receipt of the request and shall offer the public body an opportunity to consult upon and informally mediate or otherwise resolve the questions of the propriety of its denial.

If the public body is a unit of local government the Attorney General shall, at the same time, also notify the State's Attorney of the county in which the public body's principal office is located.

The Attorney General shall have the powers necessary to investigate including the power to: issue administrative subpoenas to compel the production of documents or the presence of witnesses; inspect records in the premises of the public body; examine under oath any person; bring an action in the circuit court to compel compliance; accept written or oral legal argument on the issues presented.

The Attorney General shall post his or her opinions on the official Web site of the Office of the Attorney General and (www.ag.state.il.us) shall make them available for inspection in his or her office.

The court may assess against any parry reasonable attorney's fees and other litigation costs reasonably incurred by any other party who substantially prevails in any action brought in accordance with the Act. It is important to note that litigation costs may be assessed against any private parry or parties bringing the action only if the Attorney General opined in accordance with the Section that the records were not subject to disclosure; or upon the court's determination that the action is malicious or frivolous in nature.

If the requestor substantially prevails in a suit seeking records that the Attorney General opined were subject to disclosure in accordance with the Act, the court shall award to the requestor, in addition to any award of costs, punitive damages of up to $50 per day for each day of delay in producing the records from the date that the Attorney General's opinion was received by the public body.

This economic penalty makes the Freedom of Information Act (FOIA) one of the most punitive that local governments now face. The bill passed the Illinois House on February 24 and moved to the Senate for consideration.

DNR
HB 4491 (Schoenberg)
Appropriates $1 for fiscal 2001 expenses of the Dept. of Natural Resources.

Equal Pay
HB 4454 (Currie)
Creates the Equal Pay Act; provides that no employer may discriminate between employees on the basis of sex by paying wages solely on the oasis of the employee's gender; provides for administration and enforcement by Dept. of Labor.

Family and Medical Leave
SB 1664 (Lightford)
Creates the Family and Medical Leave Act; contains provisions similar to those in the federal Family & Medical Leave Act of 1993, except that it applies to employers with 25 or more employees instead of 50 or more.

Lease of Real Estate
HB 4370 (Wojcik)
Amends Property Tax Code; provides that, for tax years 2000 and after, all property leased by a park district from a city that is sublet from the district by any entity for sole purpose of establishing recreational facilities or parking lost used exclusively for those facilities is exempt; if subleasee is not an exempt entity, a leasehold assessment shall be made on the property; related provisions regarding tax district abatement; amends State Mandates Act.

Lease Restrictions
HB 4349 (Slone)
Amends Park District Code concerning the lease of real estate owned by a park district; provides that if the real estate is greater than 25 acres of 50% of the district's property and the current use of the real estate will be substantially altered by the private entity, then the district must submit the question of leasing to the voters of the district.

Liquor Sales
SB 1550 (T. Walsh)
Amends Liquor Control Act; provides that alcoholic liquor may be delivered to and sold on

12 * Illinois Parks and Recreation * March/April 2000

ISSUES AND INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

the grounds 500 feet of a building owned by a forest preserve district during times when food is dispensed for consumption within that area.

Open Meetings Act
SB 1838 (Cullerton)
Amends Open Meetings Act; requires Attorney General to publish a guide; requires each public body, at its principal office and at each meeting, to make a copy of the Act available for inspection and to make copies of the Act available for inspection and to make copies of the AG's guide available for free distribution; related requirements regarding public body's post notices; removes State Gift Ban Act ethics commissions, ethics officers, and ultimate jurisdictional authorities from the exception to the definition of a public body.

Open Meetings Act
SB 1858 (Silverstein)
Amends Open Meetings Act; requires a public body to include a list of legal holidays observed by the public body in its required notice of regular meetings.

River Protection
SB 1870 (R. Madigan)
Creates the River Beautiful Act; the Department of Natural Resources shall initiate programs to preserve and protect rivers; amends State Finance Act to create the River Beautiful Fund; amends Riverboat Gambling Act; a portion of the wagering tax shall be paid into the River Beautiful Fund and used for the specified purposes.

Roll Call Votes
HB 3557 (Tenhouse)
Amends Legislative Information System Act; requires that records of roll call votes of either house of the General Assembly, and transcripts of General Assembly debate, shall be available to the public in electronic form; requires that the roll call vote, and description of subject matter, be made available within 24 hours after the legislative day the vote is recorded; other related provisions.

Tax Objections
HB 4020 (Cowlishaw)
Amends 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 case with notice; other related provisions.

Tort Immunity - Bicyclists
SB 1930 (Rauschenberger)
Amends Local Governmental & Governmental Employees Tort Immunity Act; provides that local public entities are not immune from tort liability for injuries to bicyclists who are lawfully used a road and who are injured as result of a condition that's not reasonably safe for motor vehicles and that the entity knew about and had time to correct; related provisions.

NATIONAL FRONT
Reps. Young & Miller Announce Overwhelming House Support For Historic Conservation Bill

House Resources Committee Chairman Don Young (R-AK) and Senior Committee Democrat Rep. George Miller (D-Calif.) said they now have 294 co-sponsors on their bipartisan legislation, the Conservation and Reinvestment Act (H.R. 701), known as CARA. On February 17 they filed the official committee report on the bill to the House Rules Committee and have asked House leaders to schedule the bill for a vote as soon as possible.

CARA would dedicate $2.8 billion in permanent funding every year toward federal, state and local environmental and conservation efforts without levying new taxes or fees. CARA would fully fund the Land and Water Conservation Fund to assist federal and state efforts to acquire and care for public lands. Congress has sharply shortchanged this fund every year since it was first created over 30 years ago. In addition, CARA would help restore coastlines impacted by offshore oil drilling, protect wildlife and endangered species, preserve historic buildings, and support urban park and recreation programs. Funding for the bill would come from current federal royalties on offshore oil and gas drilling.

The landmark legislation would provide conservation with the largest infusion of federal funds in history, $44 billion over the next 15 years ($3 billion annually), most of which will go to various state and local conservation programs, including state-level wildlife conservation and related education and recreation.

On November 10, 1999, the House Resources Committee voted 37 to 12 in favor of CARA, which is a compromise between Mr. Young's original CARA bill and a bill (H.R. 798) by Rep. Miller. Their effort to fully fund the Land and Water Conservation Fund and provide additional resources for the environment is supported by a broad- based coalition of environmental, athletic, historic preservation and conservation groups, cities, counties, states, and private businesses.

Historic Debut in President's FY 2001 Budget
President Clinton unveiled a $1.4 billion funding package for various conservation programs. The President reaffirmed his State of the Union address support for wildlife conservation programs. In summarizing the President's proposal, Council on Environmental Quality head said that the Administration's budget proposal "shadows" the $2.8 billion Conservation and Reinvestment Act (CARA) as it includes funding for LWCF and UPARR, state wildlife agencies, coastal restoration, and conservation easements. Department of Interior officials have characterized it as a "place holder" to show Administration support of something like CARA.

The wildlife portion of the President's $100 million to state fish and wildlife agencies based on the TWW formula of 2/3 population, 1/3 land area with a floor of 1% and a cap of 5%. The funding would be made available under the Fish and Wildlife Coordination Act.

The inclusion of this wildlife funding is a HUGE signal of support from the administration and indicates the President wants to be a part of the effort to pass a CARA bill this year. This is not a competing proposal. It gives CARA programs a head start by providing funding for FY 2001. CARA funding would not begin flowing until FY 2002.

Lands Legacy Funding for the States
President Clinton also announced a $40 million land acquisition grant for all 50 states and the U.S. territories. The grants can be used to acquire land or easements for parks, greenways, wildlife habitats, or coastal wetlands. Funding must be matched 50-50 by states, resulting in a total investment of at least $80 million. Breakdown by state:
Illinois $1,299,245.

Illinois Parks and Recreation * March/April 2000 * 13

The 17 land acquisitions and 76 outdoor recreation development projects were funded through the state's Open Space Lands Acquisition and Development (OSLAD) program, administered by the Illinois Department of Natural Resources.

Eleven of the development projects will create new parks for their communities with eight of them representing the first recreational park in the area.

The 17 acquisition projects will add nearly 800 areas of local park land to communities receiving grants, while three projects involve donations of new land totaling almost 33 acres for park facilities.

Local agencies submitted 174 applications requesting more than $29 million in grant funds.

More than $125.3 million has been awarded for nearly 800 local park projects since the OSLAD program was initiated in 1986. The program is funded by a dedicated percentage of the state real estate transfer tax which the LAPD initiated and the legislature passed into law.

Members interested in applying for grants for the coming year should contact the LAPD or the IDNR Division of Grant Administration, 524 S. Second Street, Room 315, Springfield, IL 62701-1787 or call (217) 782-7481.

Albion District Board
$16,300 to improve recreational opportunities at the 17.5 acre Luthe Park.

Belvidere Park District
$200,000 to develop 20.0 acres of a 90-acre site located at the north edge of Belvidere.

Big Rock Park District
$146,000 to acquire 13.8 acres for future development of the district's first public park.

Burbank Park District
$200,000 to redevelop the 9.9-acre Narragansett Park includes installation of a new playground, a soccer field, a skate park, an in-line hockey rink, a 2/3 mile walking/jogging/bike path and renovation of two basketball courts.

Burr Ridge Park District
$189,500 for installation of two volleyball courts, a basketball court, two tennis courts, a restroom/concession/storage/shelter facility, trail head and path to a 17.0-acre wetland.

Carol Stream Park District
$65, 200 to develop the 0.5-acre Blue Heron Park.

Chicago Park District
$750,000 to acquire 4.98 acres and to expand Ping Tom Park to 17.24 acres.

Chicago Park District
$250,000 to develop 2.8 acres of Origins park to construct a visitor center.

Chicago Park District
$275,000 to acquire 2.78 acres.

Chicago Park District
$700,000, to develop 2.82 acres includes the demolition of the existing spray pool, the installation of a new interactive spray pool, fencing and landscaping.

Clyde Park District
$200,000 for construction of a senior citizen's area, a multipurpose playfield, a 1/4 mile walking/jogging path, upgrading of the existing wading pool.

Cook County Forest Preserve District
$600,000, to acquire the 40.0-acre Wentworth Prairie.

Cook County Forest Preserve District
$300,000 to acquire 10.0 acres adjacent to the Camp Sagawau Canyon Nature Preserve.

Cook County Forest Preserve District
$242,500 to develop the 43.0-acre Youngblood Addition at Baker's Lake Preserve.

Darien Park District
$400,000 to acquire 10.5 acres.

Decatur Park District
$200,000 to develop the Sangamon River Greenway. Development will include construction of a 1.13-mile river access trail, canoe/kayak launch, two picnic areas/overlooks, improvements to a fishing area, renovation of a baseball field, lighting, parking lots and landscaping.

Deerfield Park District
$200,000 to construct a shelter/restroom/warming house, expansion of the playground, the community's first pet exercise area, an ice skating area and landscaping.

Elba-Salem Park District
$141,500 to redevelop a new playground, two ball diamonds, replacement of fencing, a basketball court, walking path, surfacing of the parking area.

Fox Valley Park District
$200,000 to develop two ball fields, a shelter, play equipment, a sand volleyball court, an exercise trail, multipurpose court and landscaping.

Geneva Park District
$136,800, to develop two portage stations, a dam overlook with shelter, shoreline stabilization and fishing stations, interpretive signs and landscaping.

Glenview Park District
$200,000 to develop five soccer fields, two football fields, five ballfields, a shelter/restroom, a day camp shelter with restrooms, a playground, a basketball court, habitat restoration, an interpretive trail and a skate park.

Gurnee Park District
$200,000 to develop a pond overlook/fishing station, a 1.0-mile bike trail, a sand volleyball/ice skating area, a multi-court for roller/ice hockey and bike-trike course.

Harvey Park District
$71,250 to renovate sports fields.

Havana Park District
$100,000 to develop three ball fields, an archery range, a roadway and landscaping.

Hoffman Estates Park District
$80,000 to develop a gazebo shelter, horseshoe pits, walkways and gathering area, a butterfly garden and landscaping.

Kankakee River Valley Forest Preserve District
$44,200 to construct a parking lot and walking path.

Lake County Forest Preserve District
$400,000 to acquire 94 acres expanding the Fourth Lake Preserve to 318.56 acres.

Lockport Township Park District
$200,000 to renovate the bathhouse, new fencing, renovation of a slide, water play area, pool accessories and a parking lot with basketball and volleyball court markings.

Markham Park District
$200,000 to improve a jogging path, shelter, two playgrounds, six basketball, goals, ballfield renovation and landscaping.

Midlothian Park District
$75,000 to redevelop new playground equipment, a pavilion, a batting cage and walking path.

Moweaqua Township Park District
$200,000 to develop ball diamonds, soccer fields, tennis courts, basketball courts, a parking lot, a restroom/concession building, a nature/jog trail.

14 * Illinois Parks and Recreation * March/April 2000

ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

New Lenox Park District
$100,000 to develop a shelter, two tennis courts, a playground area, an interpretive trail, an open play area, a wetland restoration area and a parking lot.

North Berwyn Park District
$77,700 to develop a shelter, a playground, walkways and landscaping.

Oak Lawn Park District
$200,000 to replace the existing Memorial Park wading pool.

Oswegland Park District
$200,000 to develop a parking lot, canoe/small boat access site, a jogging/walking trail, two fishing access areas, an ice skating area, a bandshell, two shelters, a facility building/restroom, two pedestrian bridges and a playground.

Peoria Park District
$200,000 to redevelop a canoe launch, two fishing piers, playground equipment, two shelters, a soccer field, a softball field, a multi-play court and landscaping.

Pleasant Dale Park District
$200,000 to develop the district's first interpretive nature trails, nature trail decks, bike/hiking trails, creekside trail node/fishing stations, habitat restoration, a canoe launch, a play area, a day camp/picnic shelter.

River Forest Park District
$200,000 to redevelop the 1.8-acre Washington Commons Park.

Springfield Park District
$200,000, to further develop the 190.2-acre City-Wide park site.

St. Charles Park District
$200,000 to develop four ballfields, a playground, two basketball courts, a shelter/restroom/concession facility, and interior paths and walkways.

Tinley Park Park District
$200,000 to further develop two tennis courts, two basketball courts, three volleyball courts, two playgrounds, lighting and landscaping.

Vernon Hills Park District
$200,000 to develop a basketball court, a parking lot, a tennis court, restroom/concession facility, a walking trail and connection, a playground and landscaping.

Waukegan Park District
$119,800 to develop a walking/jogging path, a play area, basketball court, a tennis court, a shelter, interpretive signage and landscaping.

Wheaton Park District
$298,300 to acquire 2.5 acres that are contiguous to the Wheaton Park District's Lincoln Marsh Natural Area.

Wheeling Park District
$188,900 to renovate the 5.0-acre Husky Park.

Will County Forest Preserve District
$200,000 to develop parking lots, viewing blinds, pathways, shelters, interpretive exhibits, viewing scopes and landscaping.

Winnebago County Forest Preserve District
$400,000 to acquire an additional 412.0 acres adjacent to Seward Bluffs Forest Preserve for the future construction of a recreational lake.

FOR LEGISLATIVE NEWS GO TO ILparks.org
Go to www.ILparks.org for the current status of all legislation being tracked by the IAPD, plus a link to the State of Illinois Legislative Information System (LIS) where you can get background information on your state legislators and read the entire text of any bill introduced by the General Assembly. The site also features a valuable legal section with case notes on legal decisions that affect your agency's operations.

Illinois Parks and Recreation * March/April 2000 *15