 |
Home | Search | Browse | About IPO | Staff | Links |
|
Home | Search | Browse | About IPO | Staff | Links |
|
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE Election Year Dampens Bill Passage Rate This year the Illinois General Assembly introduced more than 2,400 new pieces of legislation covering a spectrum from budgetary issues to the control of smoking and vicious dogs. This spring, the legislature must come to grips with an approximately $45.5 billion fiscal year 2007 budget that Governor Rod Blagojevich proposed in mid February. At this writing, all indications are that the final budget will contain funding for the OSLAD program. In January, the governor announced the release of $20 million in OSLAD funding for 58 projects. Of these projects: $13,848,400 was designated for development; $6,151,600 was designated for acquisition; $10,520,400 was designated for park district projects; $2,156,000 was designated for forest preserve projects; $5,931,700 was designated for city and village projects; $877,000 was designated for conservation district projects; and $514,900 was designated for township projects. The Open Meetings Act and the Freedom of Information Act continue to be topics for legislative attention, but the biggest issues or the most controversial issues have been set aside. Consensus is always the hallmark of a successful legislative outcome, and this year the effort to seek consensus on issues is at a premium. With the March 21 primary looming and the general election taking place on November 7, the idea of passing a budget and adjourning on April 7 is universally appealing. Bill Watch As always, a number of issues are in play for park, forest preserve and recreation agencies. Some are listed below. You can follow the progress of these — and all the measures IAPD is watching — at the IAPD Web site (www.ILparks.org). Conveyance of Land House Bill 4127 authorizes the Oregon Park District to convey specified land to the Rock River Center, a not-for-profit corporation, for use in projects to fulfill the Rock River Center's corporate purposes, subject to conditions regarding the use of the land. Compensation of Forest Preserve District Presidents House Bill 4286 amends the Downstate Forest Preserve District Act to delete a provision that requires that the compensation for the president of the board of commissioners in certain counties be an amount equal to 85 percent of the annual salary of the county board chairman. Child Sex Offenders House Bill 4298 seeks to amend the Criminal Code of 1961. It seeks to increase the buffer zone between child sex offenders and schools or public parks. Currently child sex offenders may not loiter or reside within 500 feet of a school, playground or a facility providing programs or services exclusively directed toward persons less than 18 years of age. The new measure seeks to increase the distance to 2,000 feet. OTB Receipts for the Urbana Park District House Bill 4359 seeks to amend the Illinois Horse Racing Act of 1975 to provide that payments to the Urbana Park District be made from the General Revenue Fund at the funding level determined by the amount paid to the Champaign Park District for museum purposes under the Act in calendar year 2005. Entering into Below Market Leases with IDOT House Bill 4405 seeks to amend several codes to authorize the Department of Transportation and any unit of local government, forest preserve district or park district that contains vacant lands owned by the department to enter into lease agreements for the use of those vacant lands for less than fair market value. But the unit of local government would be prohibited from erecting any permanent structure on the property. Open Meetings Act House Bill 4442 would amend the Open Meetings Act with respect to posting meeting notices at the public body's principal office and at the meeting's location at least 48 hours before the meeting. At least eight of those hours would need to be normal business hours. 10 Illinois Parks and Recreation www.ILipra.org
House Bill 4907 would amend the Illinois Vehicle Code to provide that a person riding a bicycle is an intended and permitted user of any highway in Illinois except for a highway on which bicycle use has been specifically prohibited by the Department of Transportation or by a local public entity acting in compliance with the code provision regarding the regulation of bicycles. Tax Caps Senate Bill 2123 seeks to amend the Property Tax Extension Limitation Law of the Property Tax Code. It sets forth procedures for calculating the limiting rate after a rate increase or decrease has been approved by referendum. It sets forth procedures that taxing districts must follow when seeking referendum approval after April 5, 2005 to increase: (i) the maximum authorized tax rate for any fund for which the taxing district is authorized by statute to levy taxes and which rate is limited by prior referendum or statutory authorization and which rate is authorized by statute to be increased for a limited or unlimited number of years by direct (and not back door) referendum. It sets forth requirements for the form of ballot propositions and referendum notices and makes changes concerning referenda to increase the extension limitation. It also repeals a section concerning rate increase or decrease factors. Legal Liabilities for Underpayment of Wages Senate Bill 2339 would amend provisions of the Minimum Wage Law establishing an employer's liability for punitive damages in the case of underpayment of wages. Prevailing Wage Act Reporting Senate Bill 2399 seeks to amend the Prevailing Wage Act to provide that the certified payroll submitted monthly by a contractor or subcontractor may exclude the starting and ending times of work each day. It also would provide that the contractor and each subcontractor make the certified payroll records available to the public body in charge of the project, its officers and agents and to the Director of Labor and his or her deputies and agents upon 7 (rather than 2) days' notice. Chicago Park District Bonding Senate Bill 2748 is a measure to amend the Chicago Park District Act to provide that the Chicago Park District would be authorized to issue bonds in the amount of $128 million for museums, aquariums and art museums under the control of the Chicago Park district. (Currently, the act states that the district has until January 1, 2004 to issue those bonds.) Working Cash Fund Senate Bill 2871 would amend the Chicago Park District Working Cash Fund Act to allow the Chicago Park District commissioners to abolish the district's working cash fund. Changes in the use of Eminent Domain Senate Bill 3086 is a measure to prohibit all takings under the power of eminent domain by the state or a unit of local government for private development unless the property is within an area that is a "blighted area" and the condemning authority has entered into a written agreement with a private person or'entity that agrees to undertake a development project within the blighted area that specifically details the reasons for which the property or rights in the property are necessary for the success of the development project. www.ILparks.org March/April 2006 11 |
|
|
