THE ILLINOIS GENERAL

Assembly is off to a running start with early deadlines for bill introductions creating a flurry of activity at the Legislative Reference Bureau and at the committee level in the House and Senate.

At this writing many of the bills on the IAPD/IPRA Legislative Platform have already been heard in committee. This time of year is also fast tracking the many new members of the General Assembly who are carrying heavy bill loads as the result of potential limitations placed on House members' ability to call bills.

Funding for open space will continue to be a hot topic this session as the Open Land Trust program must be reauthorized if it is to continue. This four year $160 million dollar program has enabled the IDNR to protect large tracts of land. It has also assisted forest preserves and conservation districts with important acquisitions.

See the special insert at the front of the magazine, which details the IAPD/IPRA Legislative Platform. Use this as your reference guide for talking with legislators about park district, forest preserve and conservation district issues.

BILL WATCH

The bill deadline for Senate introductions ended on February 20 with more than 2,009 new bills. The Illinois House deadline of February 28 witnessed more than 3,700 bill introductions. All bills introduced are reviewed for their impact on park district, forest preserves, conservation districts and recreation agencies. Updates are easily available on the new General Assembly Web site, www.legis.state.il.us.

Advisory Question
HB 100 (Boland,et al.)
Provides that upon the adoption of a resolution, a park district, county or municipality may authorize an advisory question of public policy to be placed on the ballot at a regularly scheduled election. Effective immediately. Last Action: 2/21/03 Placed on House Calendar 2nd Reading

Audit Report
HB 2258 (Hannig)
Provides that depreciation of non-proprietary fixed assets is not required in order to address the compliance and cost issues associated with GASB34. Last Action: 2/21/2003 Assigned to House Executive Committee

Bonds
SB 83 (Link, T.)
Restores non-referendum bonding authority to excluded districts. Authorizes the Cook County Forest Preserve to issue bonds in support of the zoological park and botanical garden. Last Action: Placed on Calendar Order of 2nd Reading February 26, 2003

Criminal Background Checks
HB 2471 (Millner-ChappaLaVia)
Amends the Park District Code. Provides that a park district is required to do a criminal background investigation only on those applicants for employment with the district who are age 17 years or older (now, a criminal background investigation is required for all applicants). Last Action: 2/26/03 Assigned to House Executive Committee

Disconnection
SB 605 (Radogno) Amends the Park District Code. Provides that, by petition and referendum, territory that is being taxed by both the park district and the municipality for recreation services may disconnect from the park district. Effective immediately. Last Action: 2/26/03 Referred to Senate Local Government Committee

Freedom of Information Act
HB438 (Currie)
Provides that a court shall award reasonable costs, including attorney's fees at trial and on appeal, to a person who substantially prevails in a proceeding against a public body that has Failed to comply with the Act. Last Action: 2/21/03 Placed on Calendar Second Reading

HB 1425 (Nekritz)

Amends the Freedom of Information Act. Exempts from inspection and copying the names, addresses, or other personal information of participants and registrants in park district, forest preserve district, or conservation district programs. Effective immediately. Last Action: 2/21/03 Placed on House Calendar 2nd Reading

SB 690 (Cullerton)

Amends the Freedom of Information Act. For a court's awarding of attorney fees in a suit resulting from denial of disclosure of a public record, this bill removes the requirements that (i)

14    Illinois Parks and Recreation

IAPD LEGISLATIVE CONFERENCE & RECEPTION April 29 & 30 Don't miss IAPD's annual legislative education and advocacy day held at the Hilton Springfield and at the State Capitol. And be a part of our park district, forest preserve display in the Capitol Rotunda on April 29. Call IAPD for details, 217/523-4554 or see the Web, www.ILparks.org.

the record is highly significant to the general public and (ii) the public body lacked a reasonable legal basis. Last Action: 2/19/2003 Referred to Senate Rules

Ice Skating Rinks
HB 1494 (Mathias -Mautino)
Creates the Ice Skating Rink Safety Act. Sets forth an ice skating rink operator's duties regarding posting of signs, maintenance of facilities, safety, and other matters. Provides that ice skaters are deemed to have knowledge of and assume the risk of injuries caused by falls or collisions that are not attributable to a violation of a rink operator's duties. Last Action: 2/11/2003 Assigned to House Judiciary Law I - Civil Committee

IMRF
HB 45 (Black)
Amends the IMRF Article of the Illinois Pension Code. Provides that the prohibition on return to service after accepting early retirement benefits applies only to (1) employment for which the person is required (or is allowed and has elected) to participate in the Fund and (2) contractual personal services which, if performed as an employee, would require the employee to participate in the Fund. Last Action: 2/21/03 Placed on Calendar 2nd Reading - Short Debate.

Liability
SB 275 (Cullerton)
Amends provisions of the Local Governmental and Governmental Employees Tort Immunity Act. Provides that a person riding a bicycle is deemed to be an intended and permitted user of a roadway, except in the case of roadways upon which the use of bicycles is prohibited and the prohibition is indicated by appropriate signage. Last Action: 2/19/03 Assigned to Senate Judiciary

Open Meetings
SB 1204 (Harmon)
Permits a public body to close a meeting to discuss its legal counsel's appointment. Last Action: Assigned to Senate Local Government Committee.

SB 1586 (Obama)
Requires public bodies to maintain audio or video recordings of their closed meetings. Last Action: Assigned to Senate Local Government Committee.

Referenda Clarification
SB 1470 (Sieben)
Allows park district boards to include specific purposes or programs in the description of the referenda question for the general and recreation funds. Last Action: Senate Rules Committee.

Senior Services
HB 2413 (Forby, et al.)
Creates the Community Senior Services and Resources Act and amends the State Finance Act. Provides for grants to be awarded by the Department on Aging to local community senior services and resource centers. Provides for a Community Senior Services and Resource Center Advisory Committee, with 12 voting members appointed by the Governor including a park district representative, to advise the Department on Aging on the administration of the Act. Creates the Community Senior Services and Resources Fund as a special fund in the State treasury. Effective immediately. Last Action: 2/26/ 2003 Assigned to House Aging Committee

SB 633 (Shadid)
Contains the same provisions as HB 2413.

Snow Removal
HB 1495 (Mathias)
Provides that neither a local public entity nor a public employee or agent of the focal public entity, nor any other person engaged by the local public entity, public employee, or agent, who removes or attempts to remove snow or ice from a street, sidewalk, or other public way is liable for any injury that results from a condition caused by that undertaking unless the alleged misconduct was willful and wanton. Effective immediately. Last Action: 2/11/03 Assigned to Judiciary I -Civil law Committee

SRAs
HB 1103 (Daniels)
Amends the Department of Human Services Act. Provides that the Department of Human Services, subject to appropriation, may make grants to special recreation associations for the operation of recreational programs for the handicapped and transportation to and from those programs. Provides that the Department must adopt rules to implement the grant program. Effective immediately. Last Action: 2/21/03 Placed on House Calendar 2nd Reading

HB 1466 (Hamos, et. al)
Amends the Property Tax Extension Limitation Law in the Property Tax Code. In each of the definitions of "aggregate extension" excludes extensions made to fund the district's expenses to provide recreational programs for the handicapped under the Park District Code. Effective immediately. Last Action: 2/11/03 Assigned to House Executive Committee

SB 337 (Wojcik)
Amends the Riverboat Gambling Act. Provides that after all other payments are made out of the State Gaming Fund, an amount equal to 3% of the adjusted gross receipts deposited into the State Gaming Fund shall be transferred monthly into the Special Recreation Services Fund. The General Assembly shall annually appropriate the moneys in the Special Recreation Services Fund to the Department of Revenue for grants to special recreation associations. Last Action: 2/6/03 Referred to Senate Rules Committee

SB 1881 (Harmon)

Contains the same provisions as HB 1466. Effective immediately. Last Action: 2/20/ 2003 Referred to Senate Rules

State Mandate
HB 43 (Burke)
Creates the Physical Fitness Facility Medical Emergency Preparedness Act. Requires various physical fitness facilities, including (i) facilities owned or operated by a unit of local government, to develop and implement a plan for responding to medical emergencies and to file a copy of the plan with the Department of Public Health. Requires each such facility to have on its

March/April 2003    15

More than four out of five Illinois residents have visited a local park the last twelve months. Satisfaction levels were highest among these respondents, especially in the areas of cleanliness and Safety. " - Parks, People & Preservation Report, 2003

premises of least one automated external defibrillator (AED) and a trained AED user. Last Action: 2/5/03 Placed on House Calendar 2nd Reading

Supplemental Levy
HB 2647 (Molaro)
Allows a taxing district to recover, by adoption of a supplemental levy, revenue lost due to a refund resulting from a decision of the Property Tax Appeal Board, a decision of the Department of Revenue, a court order on a tax objection petition, or a decision of a local assessing official that reduced the assessed value of any property within the district. Excludes the extension of the supplemental levy from the definition of "aggregate extension" for purposes of the Property Tax Extension Limitation Law. Effective immediately. Last Action: 2/26/2003 Assigned to House Revenue Committee

Tax Cap
SB 196 (Sullivan)
Provides that in counties with a population greater than 3,000,000, the maximum rate at which a park district board is authorized to levy taxes for corporate purposes for any one year, exclusive of the amount levied for the payment of the principal and interest on bonded indebtedness of the district and taxes authorized by special referenda, shall, every 3 years, in the year following the general reassessment under applicable provisions of the Property Tax Code, be increased by .10%. Effective immediately. Last Action: 2/6/03 Assigned to Local Government

Wetlands
HB 422 (May)
Provides protections for isolated wetlands in Illinois.

OPEN LANDS TRUST

Last December former Governor George Ryan announced the fourth and final round awarded through the Open Lands Trust initiative. More than $63.5 million has been approved for local government acquisitions of nearly 8,700 acres of open space throughout the state. Grant recipients include:

Byron Forest Preserve District (Ogle County)
$892,500 to acquire two parcels totaling 490.79 acres off River road in southeast Byron.

Chicago, City of (Cook County)
$1,927,000 to acquire the 100-acre Hegewisch Marsh along the Calumet River in the city's far southeast side. The site contains wetlands that are breeding areas for the state endangered yellow-headed blackbird.

Geneva Park District (Kane County)
$741,150 to acquire a 17-acre parcel off Kaneville Road between Mill Creek Forest Preserve and Peck Farm Park.

Kane County Forest Preserve District
$753,000 for the acquisition of 50 acres on Route 64 west of Wasco.

Kane County Forest Preserve District
$676,750, to acquire 87 acres.

Lake County Forest Preserve District
$955,000, to acquire 130.51 acres on Fish Lake Road near the Village of Volo. $1,698,000, to acquire a 120-site off Grand Avenue in Lake Villa. $2,000,000, to acquire 178 acres. The parcel is adjacent to the district's Raven Glen Forest Preserve and Pollack Lake and contains state threatened and endangered plant and bird species.

McHenry County Conservation District
$2,000,000, to acquire 570 upland oak savanna and adjacent lowlands in southwest McHenry County. $750,000 to acquire 248 acres of oak savanna and wetland complex southeast of Harvard on Deep Cut Road.

Will County, Forest Preserve District
$251,250 to acquire 150 acres just west of Kankakee River State Park. $1,300,000, to acquire 209 acres at the confluence of Rock Run Creek and the Des Plaines River.

Wilmette Park District (Cook County)
$2,000,000 to acquire 5.22 acres at Ridge Road and Elmwood Avenue.

Winnebago County Forest Preserve District

$11,800, to acquire 84.50 acres. The site provides a trail link with Colored Sands Forest Preserve and is also adjacent to the Sugar River Alder Forest Preserve.

NATIONAL FRONT
LWCF Funding

House and Senate conferees completed final action on a FY 2003 omnibus spending bill, cutting some $50 million below FY 2002 Land and Water Conservation Fund (LWCF) state assistance and $30 million in Urban Park and Recreation Recovery (UPARR) program funds.

The final bill provides $95 million is state and local grants from the LWCF, $55 million less than the amount recommended last July by the House. (Illinois' portion is $3,307,788.) The bill also eliminated the Urban Park Renovation Grant Program, striking $30 million, also provided earlier in the House bill.

Last July, the House had included $150 million for LWCF state aid and $30 million for UPARR in the Interior Department spending bill. Senate appropriators three weeks ago had cut park and recreation grant spending to $115 million and $10 million respectively.

16    Illinois Porks and Recreation