PETER M. MURPHY IAPD General Counsel

STATEHOUSE INSIDER
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

This year's veto session followed the pattern of last year's session, as most of the governor's vetoes that were considered were overriden. Exceptions included the legislature's failure to override the governor's veto of a bill that would have increased the speed limit from 55 to 65 for large trucks and the failure to override a veto of a bill that would have allowed the use of ATVs in selected state parks.

A total of 414 bills passed both houses during the 2004 spring session and later special sessions. Of those bills, 24 were vetoed and 7 were amendatorily vetoed.

Stormwater Management

Of interest to park districts, the Illinois General Assembly overrode the governor's veto of a bill that gives new authority to the Metropolitan Water Reclamation District of Greater Chicago.

Senate Bill 2196, which the legislature passed over the governor's objection, will allow the Metropolitan Water Reclamation District of Greater Chicago to supervise stormwater (including flood) management throughout Cook County and plan and fund stormwater management projects. It can form new stormwater management planning councils for watersheds in addition to the present six; contract with other counties and local governments for stormwater management works; control the flow of stormwater in Cook County by ordinance; sell bonds to fund stormwater management projects; impose a tax of 5 cents per $100 of assessed value in its area; and impose development fees in Cook County outside its area to deal with water runoff. The district must hold at least one public hearing on a countywide stormwater management plan and periodically report to the public.

Collective Bargaining

During the veto session, the Illinois General Assembly passed House Bill 2577, which allows collective bargaining in units of local government with between five and thirty-five employees. Previously, the Public Labor Relations Act only applied to governmental entities with more than thirty-five employees.

Disaster Leave

House Bill 4005 on disaster leave for employees passed this year. The measure allows state and local employees to receive paid leave when they are called upon to help relief organizations. Under the new law, state and local employees may get up to 20 days' paid leave in any 12-month period to help the American Red Cross or the Illinois Emergency Management Agency in disaster recovery anywhere in the United States. Previously, leave was granted only to employees helping the Red Cross for disasters occurring in Illinois.

Illinois Election Recap

In an election dominated by races for the presidency and a U.S. Senate seat, voters sent seven new members to the Illinois House and one to the Senate.

The overall result is a loss of one Democratic seat in each house, although Democrats still have significant majorities (65-53 in the House and 31-27 - with one independent — in the Senate).

Unexpected results included Republican Gary Dahl's defeat of veteran Democratic Senator Patrick Welch, and a narrow win by Republican Aaron Schock over Democratic Representative Ricca Slone. Democrats gained a seat in Cicero, where challenger Michelle Chavez defeated Republican incumbent Frank Aguilar.

The following is a list of new members of the Illinois House of Representatives:

John C. D'Amico (D) -15
Michelle Chavez (D) - 24
Milton "Milt" Patterson (D) - 32
Roger A. Jenisch (R) - 45
Michael Tryon (R) - 64
Aaron Schock (R) - 92
David B. Reis (R) - 108

Entering the Senate as new members are:

Gary Dahl (R) —38; former Representative Carol Pankau (R) - 23; and Kwame Raoul (D) — 13, who replaces newly-elected U.S. Senator Barack Obama.

Legislative Research Unit (LRU) Publications The state's Legislative Research Unit is a unit that exists primarily to collect information for the Illinois General Assembly. It is made up of a group of people who are authorized to perform nonpartisan research only for members of the legislature or their staffs. However, several major publications are available to the public online at www.legis.state.il.us/commission/lru/lru_home.html. The IAPD web site (www.ILparks.org) also provides a link to the LRU site. LRU publications of interest to park and recreation officials include: Catalog of State assistance to Local Government Officials This document describes state programs providing financial and technical assistance to counties, municipalities, townships, and special districts (excluding school districts). It is compiled from a comprehensive survey of all Illinois state agencies. County Data Book This is a statistical compilation. The Data Book provides major demographic, economic and political statistics for each Illinois county. Illinois Tax Handbook for Legislators This handbook gives information on every significant Illinois state tax.

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Of the hundreds of referenda proposals submitted to the voters for the general election held November 2, 2004, a total of 16 referenda proposals concerning park issues appeared on ballots across the state. Nine passed while seven failed.

The following table details the types of initiatives, the amounts of requests and vote totals. Data for this report were obtained from the Illinois State Board of Elections, which hadn't posted officia vote totals as of press time. If you are aware of an initiative that is not on included, please contact me at pmurphy@ILparks.org.

COUNTY	DISTRICT	TYPE	DESCRIPTION/ BALLOT QUESTION	PASS/FAIL	VOTES YES/NO
Cook	City of Palos Heights	Bond	Proposition to issue bonds in the amount of $16,640,000 for the purpose of paying the cost of improving the recreational facilities of the city.	failed	1,869/4,902
DuPage	City of Warrenville	Tax	Should the City of Warrenville, using TIF (tax increment finance) revenues, fund a recreation center on Warren Avenue for the Warrenville Park District.	PASSED	3,638/2,087
Clinton	Germantown Park District	Misc.	Proposition to annex Midway Acres Subdivisions for park purposes.	PASSED	486/90
Kane, DeKalb	Hampshire Park District	Tax	Shall the Hampshire Park District be authorized and empowered to levy and collect a tax of .12% (12 cents per $100 of assessed valuation which includes the district's existing tax for recreational programs) for the purpose of recreational programs?	failed	1,251/1,639
Cook	Lyons Township	Bond	Proposition to issue park bonds to the amount of $ 10,000,000 for the purpose of procuring and improving one or more small parks.	PASSED	21,483/19,767
Cook	Maywood Park District	Bond	Proposition to issue general obligation bonds in an amount sufficient to pay for the renovation of the building located at 809 West Madison Street, Maywood, Illinois for park and recreation purposes.	PASSED	2,234/935
Cook	Maywood Park District	Tax	Proposition to increase the rate of taxation on all taxable property in the district for corporate purposes by on amount sufficient to pay for the renovation of the building located at 809 West Madison street, Maywood, for park & recreation purposes.	failed	722/2,435

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COUNTY	DISTRICT	TYPE	DESCRIPTION/ BALLOT QUESTION	PASS/FAIL	VOTES YES/NO
Cook	Maywood Park District	Tax	Proposition to increase the rate of taxation on all taxable property in the district for corporate purposes by on amount sufficient to pay for the renovation of the parking lot located at 809 West Madison Street, Maywood for park and recreation purposes.	failed	755/2,395
Madison	New Douglas Township	Tax	Shall the maximum tax rate for the park maintenance fund of New Douglas Township be established at .12% on the equalized assessed value instead of .02%, the maximum rate otherwise applicable to the next taxes to be extended?	PASSED	168/80
Will	New Lenox Community Park District	Bond	Shall the district refinance its outstanding General Obligation Refunding Bonds (Alternate Revenue Source - Golf Course Project), series 1995 and issue its bonds to the amount of $6,4000,000 for the purposes of saving and paying the costs thereof?	PASSED	8,917/6,417
Cook	Oak Forest Park District	Tax	Proposition to levy and collect an additional tax of not to exceed .25% for all corporate purposes, specifically to acquire approximately 32 acres of the Our lady of Sorrows Convent property, to develop athletic fields and build a recreation facility.	failed	4,614/6,149
Cook	Oak Lawn Park District	Advisory	Should the Oak Lawn Park District investigate the construction of an All-Season Aquatic Facility that will provide year round recreation for toddlers through seniors?	PASSED	15,085/7,565
DuPage	Village of Addison	Advisory/ Bond	Advisory referendum seeking to sell $10 million in bonds to acquire Addison Golf Club.	failed	2,848/6,421
Cook	Village of Lynwood	Advisory	Shall the Village of Lynwood attempt by referendum to establish a pork district within the Village of Lynwood?	PASSED	2,387/541
Kankakee	Village of Manteno	Advisory	Shall the Village of Manteno continue to operate the Manteno Golf Club if the Village Board must use the Village's general revenues to subsidize golf course operations?	failed	1,649/1,869
City of Chicago, Ward 21/ Precincts 11,12, 53,58	City of Chicago	Advisory	Shall the Chicago Park District and the Chicago Board of Education work together to build a full-service, year-round field house at the William H. Ryder Elementary School Playground...in order to provide recreational opportunities and a safe after-school environment?	PASSED	1,141/29

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