 |
Home | Search | Browse | About IPO | Staff | Links |
|
Home | Search | Browse | About IPO | Staff | Links |
|
STATEHOUSE INSIDER ISSUES & ISIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
Veto Session Yields Amended Consumer Price Index for 2001 Extensions THE GENERAL ASSEMBLY held an expedited veto session in November, but managed to address a number of pending issues. One was the disposition of House Bill 3098 which, as introduced, would have required all units of local government to keep a verbatim record of closed session minutes. Such record would have required the meeting to be recorded by an audio or video method or by a court reporter. It was proposed that disclosure of the minutes would only take place as a public body determined or be used for a court's in-camera review when an allegation was made that the meeting violated the act. Clearly this legislation, as introduced, was rife with problems. In addition, it would have had a tremendous chilling effect on closed session discussions with the result being to undermine the confidence of elected officials in the deliberative process. After passage by the Illinois House, the Senate conducted a number of hearings on the issue and the IAPD shared its concern about the issues raised by the proposed bill. The hearings culminated in a Senate amendment that became the bill. The Senate's action addresses the concerns of units of local government by eliminating the verbatim requirement. In lieu of the verbatim recording requirement the legislation now only requires that, after the conclusion of a closed meeting or a closed portion of a meeting, the officer presiding over the meeting shall certify in writing the names of those board members in attendance. The officer must also certify that to the best of his or her knowledge and belief no topic was discussed during the closed meeting in violation of the Open Meetings Act. After the closed meeting the official certification must be made available within seven working days for public inspection and copying. HB 3098 sets forth a format for that closed meeting certification which is available for downloading on the IAPD Web site at www.ILparks.org. If approved by the governor, HB 3098 will take effect on July 1, 2002. SPRING SESSION The Illinois General Assembly began its 2002 session on January 9 with a deadline for passage of bills out of committee as early as February 22. Since the primary election will be held on March 19 and all candidates will be vying for office in newly crafted districts, the House has no session dates posted for March until after the election. The adjournment date is set for May 17 but likely will be extended. See calendar on page 13. IAPD ADVOCACY IN 2002 This year the association will continue to pursue a number of exciting bills. The Illinois Land Preservation initiative (which was passed by the House and is now in the Senate for consideration) remains a focal point of our legislative efforts. Other key pieces of legislation are the special license plate designed to benefit park district youth programs and relief for park districts whose bonded indebtedness is still eliminated by the Property Tax Extension Limitation Act. In addition, we will introduce a number of measures including a clarification of the liquor authority for park districts and an increase in fines for violation of park district ordinances. The Legislative Conference is scheduled for April 23 and 24 in Springfield and will feature a park district awareness day at the State Capitol. Many who come to Springfield have seen how the first floor of the Capitol is utilized to bring attention to various causes. On Tuesday, April 23, park districts and forest preserves can showcase their agencies as part of "Park District Day at the Capitol." Plan to bring an agency display to setup on the first floor. To participate in this public awareness event, contact IAPD, 217.523.4554 or iapd@ILparks.org. IAPD continues to pursue partnerships, coalitions and collaborative efforts with a number of different groups including the Association of Illinois Senior Centers. Together our organizations are seeking funding for the physical upgrade of senior centers in Illinois. The proposal includes 12 Illinois Parks and Recreation ISSUES AND INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
$700,000 in emergency funds to be distributed in grants by the Illinois Department on Aging. We also will work closely with other organizations to make sure that the interests of public officials and local governments have a strong voice in the Illinois General Assembly. MOORE NAMED TO DNR POST
Governor George Ryan named Rep. Andrea Moore, R-Libertyville, as assistant director for the Illinois Department of Natural Resources (DNR) effective January 1. She resigned from the House on December 31. Moore, 57, served nine years in the Illinois House of Representatives. She announced in the fall of 2001 that she would not run for re-election, even through the new legislative district map kept her safely in a Republican district. In his announcement, Governor Ryan said Moore "brings a deep knowledge of conservation and natural resource issues, as well as vast experience in the General Assembly to this job." Ryan credited Moore with helping pass the $200 million Open Lands Trust program that provides money to acquire land and keep it from being developed. She is a past recipient of IAPD's Legislator of the Year Award and she won the 2001 Cornelius Armory Pugsley Award, the nation's most prestigious parks and recreation award from the American Academy of Park and Recreation Administration and the National Park Foundation. Moore also was the primary sponsor of the Illinois Land Preservation Initiative. While her leadership will be missed in the General Assembly, the IAPD wishes her success in her new position with the knowledge that she will be an outstanding advocate for conservation and park and recreation issues.
NATIONAL FRONT President Bush signed the FY 2002 Agriculture spending bill into law (PL 107-76) on November 28. The appropriation includes total funding for the Natural Resources Conservation Service at $961 million as well as the Resource Conservation and Development program, which assists state and local governments in developing area plans for resource conservation and development, received $48 million. The program assists state, tribal and local units of government and local nonprofit organizations in rural areas to plan, develop and carry out programs for resource conservation and development. • Park and recreation departments nationwide can provide meals to low-income children and adults through two federally funded (USDA) nutrition
January/February 2002 13 STATEHOUSE INSIDER programs: the Summer Food Service program and the Child and Adult Care Feeding program. These services help thousands of children and adults to avoid hunger and to improve their nutritional intake. The House and Senate report funds all three of these programs at approximately the same levels. • The President also signed the Commerce-Justice-State spending bill on November 28, 2001 (PL 107-77), which allocates $12 million to the Title II Youth Gang Prevention program and $16 million for the Title II Mentoring Program. In addition, conferees chose the House request of $95 million for the Title V Juvenile Justice and Delinquency Prevention grants program. Unfortunately, $64 million of the Title V appropriation is earmarked for four programs. The bill includes $59 million for "Weed and Seed" program activities, of which the Office of Weed and Seed can make grants to State and local law enforcement agencies, nonprofit organizations, and local public agencies to advance "Weed and Seed" crime prevention program strategies. Park and recreation departments are eligible to apply for this program with other public and community-based agencies. The bill also includes $400 million for Local Law Enforcement Block Grants (of which $70 million is earmarked for Boys and Girls Clubs programs). These grants that can be used to establish crime prevention programs for juveniles, enhance security measures around recreation facilities, and to establish and implement drug courts.
• The National Recreation and Parks Association's Mid-Year meeting held in Washington, D.C. is scheduled for February 27 through March 2, 2002. This is an opportunity for board members to meet with their congressional leaders in Washington, D.C. and become more conversant with national issues impacting their agency.
To learn more about state fiscal issues and budget and tax policy, check out these Web sites. • The Center on Budget and Policy Priorities, www.cbpp.org • The State of Illinois Bureau of the Budget, www.state.il.us/budget • The Illinois Economic and Fiscal Commission, www.legis.state.il.us/commission/ecfisc/ecfisc_home.html • The Illinois Office of the Comptroller www.iloc.state.il.us • The Illinois Office of the Treasurer, www.state.il.us/treas • National Conference of State Legislatures, www.ncsl.org • National Governors Association, www.nga.org 14 Illinois Parks and Recreation ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE HOW A BILL BECOMES A LAW Bill Drafted: When a lawmaker has an idea for a bill—often at the suggestion of a constituent—he or she passes the information on to the Legislative Reference Bureau to be written in the proper technical form. Bill Introduced: Any bill may originate in either the House or the Senate and the procedure is nearly identical in each. Every bill must be read in front of the legislative body on three separate occasions before it can be passed. When the bill is first filed by the sponsor with the Clerk, it is assigned a bill number and read before the body for the first time. This is called the First Reading. Referred to Committee: The Rules Committee, made up of three members from the majority party and two from the minority, refers the bill to the appropriate committee for review or withholds it from the process. Committee Hearing: The Committee considers the bill in a public hearing. The bill's sponsor explains the legislation to committee members, who can then ask questions. Lobbyists, representatives of concerned groups and members of the public can voice support or opposition. The Committee may vote "Do Pass" or "Do Pass as Amended." (The Committee may also assign the bill to a sub-committee.) In the House, a majority of the total committee membership is necessary to report a bill out. In the Senate, a bill needs the affirmative vote of a majority of the quorum present. On a "Do Pass" motion, if the bill does not receive the necessary votes, it remains in committee. The Committee may also vote "Do Not Pass," in which case the bill is usually dead. Second Reading: The bill is read for a second time before the full legislative body. Changes, or "amendments," can still be proposed at this stage. If amendments are offered, they must be adopted by a majority vote of those voting on each amendment. After Second Reading it moves to Third Reading position where a final vote will be taken. Third Reading: The bill is read for a third and final time before the full chamber. After the sponsor explains the bill, members of the chamber can ask questions. When debate is completed, the chamber votes on the bill. A simple majority is needed—60 in the House, 30 in the Senate—for the bill to pass. Bills that are approved on Third Reading move over to the other chamber where they go through the same process. When the bill goes to the other chamber it retains it original number, but a new sponsor will be needed.
Second Chamber: If the second chamber approves the bill as it is written, it is sent directly to the governor. If a bill is amended in the second chamber and then passed, it must return to the chamber in which it originated so the members can vote to "concur," or agree with the change. If the vote to concur is successful, the bill is sent to the governor. If the chamber where the bill originated moves to nonconcur to the changes, then the bill returns to the chamber that made the changes. At this time, the chamber can recede the amendments or refuse to recede, which would then send the bill to Conference Committee. Governor's Action: The governor may approve, veto, amend or, if an appropriation bill, he may strike an entire amount or reduce the amount. If the governor vetoes or amends a bill it is returned to the originating chamber for acceptance or for an override of the governor's action. New Law: The bill becomes law when the governor signs it. If a bill is vetoed, it can become law if both chambers of the General Assembly vote by two-third majorities to override the governor's veto. (For a more thorough discussion of the governors veto power and the effective date of bills see the November/December 2001 issue of Illinois Parks & Recreation magazine, page 14.) Session Laws: After each annual session of the General Assembly has closed and the governor has acted on all bills, the Secretary of State prints the bound law of Illinois for that year. It includes all public acts and executive orders of that year. Adapted from "A Preface To lawmaking." Note: The above does not begin to set forth all of the many variations that are possible in the passage of legislation. The purpose is to outline the normal procedures that take place when everything goes smoothly, which is rare. For further information, see the public policy section of the IAPD Web site, www.ILparks.org. January/February 2002 15 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
