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Governor Thompson approves Build
On July 14, 1988, Governor Thompson signed into law P.A. 85-1050 which is effective immediately. In doing so, he approved $1 million in funding through the Build Illinois program for the FY89 appropriation to the Illinois Department of Conservation for the purpose of making grants to park, forest preserve and conservation districts under the Open Space Lands Acquisition and Development (OSLAD) program. In addition, the bill appropriates $1 million for the acquisition and development of habitat lands including wildlife habitat and wetlands, and $500,000 for the acquisition and management of natural heritage lands including natural areas. While these funding levels will enable the programs mentioned to continue, it was a disappointment to see a reduction take place from the previous FY88 OSLAD appropriation level of $3 million. The reduction of funding for this program, in conjunction with the continued downward spiral in monies received by Illinois from the Federal Land and Water Conservation Fund program, points out the need for a stabilized, dedicated source of funding for parkland acquisition and development. Federal activity Many Illinoisans do not realize that since 1964, the LAWCON program has enabled Illinois park districts and communities to initiate over 354 parkland acquisition projects, and over 295 park development projects. This combined with the monies invested in State recreational lands and facilities is equivalent to a total investment in over 781 projects. These projects were funded with more than $128 million received from the Land and Water Conservation fund through FY88, and were matched by a local investment of an equal amount, which means that Illinois has invested over a quarter billion dollars in open space land acquisition and development over the past 23 years. The benefits of this investment are currently being realized, but unless the park and recreation community can influence their state representatives to establish a stabilized source of funding for this program, and, in addition, urge the Illinois Congressional Delegation to support Congressman Udall's American Heritage Trust Fund legislation (H.R. 4127), then such an investment in the future will be impossible. On August 3, the House Interior Committee conducting hearings on H.R. 4127 passed the bill out by a 31-9 vote. House passage is anticipated. However, to date, no hearings have been scheduled in the U.S. Senate. Open Meeting Act On July 19, H.B. 2004 was sent to the Governor for approval. The legislation makes three changes to the Act as follows: 1) All final action taken at an open meeting regarding business conducted during a closed session must be preceded by a public recital of the nature of the matter being considered. 2) The public body must meet, no less than semiannually, to review minutes of all closed sessions. At such meetings a determination shall be made and reported on in an open session that:
3) The amendment extends the time-frame in which a States Attorney can bring an action for noncompliance with the Act. Previously, a civil action could have been brought prior to or within 45 days after the meeting alleged to be in violation of the Open Meetings Act. The new amendment now provides that any action may be brought by the States Attorney for violation of the Act within 45 days of the discovery of such violation. This dramatically increases the ability of a States Attorney to bring suit for a violation of the Act since the time of discovery could well be months after such meeting occurred. Freedom of Information Act The Illinois General Assembly, on July 21, also sent the Governor legislation Illinois Parks and Recreation 14 September/October 1988 which amends the "Freedom of Information Act." The amendments provide for the following changes: 1) The Act previously required that a public body waive or reduce the fee for furnishing documents when such waiver or reduction was in the public interest. The new amendments clarify the public interest exemption by providing that waiver or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public, and is not for the principal purpose of personal or commercial benefit. In making a determination of a waiver or in setting the amount of the reduction, the public body may take into consideration the amount of the materials requested, and the cost of copying them. 2) The legislation additionally provides that on the motion of a plaintiff in a suit for injunctive or declaratory relief, the court shall order the public body to provide an index of the records to which access has been denied. The index shall include the following:
APRS National Legal Institute The American Park and Recreation Society in cooperation with the Illinois Association of Park Districts is sponsoring the first National Legal Institute to be held December 7 and 8, 1988 in Chicago, Illinois at the Hyatt Regency O'Hare. The meeting facility is located in close proximity to the O'Hare National Airport, and free limousine service will be provided. See page 17 for registration information and a descriptive agenda of topics and speakers. The National Legal Institute is geared for top administrative personnel, park and recreation board members and attorneys advising park and recreation departments and special districts. Participants will find this institute highly informative and of invaluable assistance in performing their duties. Institute highlights include the latest information on the developing law of negligence, a strategy for controlling legal expenses through risk management, a comprehensive look at the changing law of the workplace, with a focus on negligent hiring, sexual harassment, age discrimination, and the implementation of the Employee Polygraph Protection Act. Also featured will be a session on the current status of constitutional issues impacting public lands, with a focus on First Amendment rights and another session dealing with adherence to federal environmental regulations. Bill Status In the July/August issue of IPR in this column I listed a number of pieces of legislation introduced during the 1988 legislative session which would have had an impact on park, forest preserve and conservation districts. A number of those measures were sidetracked during the legislative session. Of those that passed, the following list indicates the last action taken on them. If you need either additional information or copies of any legislation, contact Peter M. Murphy, Legal/Legislative Counsel, Illinois Association of Park Districts, 211 E. Monroe St., Springfield, IL 62701. Phone (217) 523-4554.
Illinois Parks and Recreation 15 September/October 1988 IAPD/IPRA Joint Legislative Awareness Day Bensenville Park District Hosts a Great "Scramble" Tournament The Eleventh Annual Joint Legislative Awareness Day was held on Thursday, July 21, at the White Pines Golf Course, Bensenville Park District, Bensenville, IL. Two U.S. Congressmen, seven State Senators and twenty-six State Representatives joined with IAPD/IPRA members for a well-attended round on the links. The annual outing facilitates increased communication and interaction between local park, forest preserve and conservation district officials and state legislators. Attendees find opportunities to discuss parks and recreation issues while enjoying a relaxing round of golf. Legislative Awareness Subcommittee Co-Chairs Karen Correll, Superintendent of Recreation with Bensenville Park District, and Ralph Cianchetti, Commissioner, Park District of Highland Park, did outstanding jobs of planning the event and coordinating all the details. The weather cooperated, the reception dinner was delicious and a good day was shared by all. Make this important and fun-filled day a part of your plans for next year.
Illinois Parks and Recreation 16 September/October 1988
CONGRESSIONAL SUPPORT STEADILY INCREASES FOR
The American Heritage Trust Act, H.R. 4127, S 2199, continues to receive new levels of congressional support. The legislation, introduced by Rep. Morris Udall (D-AZ), creates an endowed, self-sustaining fund to ensure a minimum of $1 billion per year for federal, state and local acquisition, and state and local facility development and rehabilitation. It would successfully implement the principal recommendations of the President's Commission on Americans Outdoors.
Thirteen Illinois representatives and one Illinois senator have come forward to support the bill. We want to encourage ALL of our state legislators to consider rallying behind this legislation designed to protect and develop current park and recreation programs across the country.
The following members of the Illinois Congressional delegation deserve our recognition and gratitude for agreeing to co-sponsor H.R. 4127, the American Heritage Trust Act:
PAUL SIMON
U.S. Senator
......(D)
FRANK ANNUNZIO
11th District
......(D)
TERRY L. BRUCE
19th District
......(D)
CARDISS COLLINS
7th District
......(D)
JACK DAVIS
4th District
......(R)
LANE EVANS
17th District
......(D)
HARRIS W. FAWELL
13th District
......(R)
CHARLES A. HAYES
1st District
......(D)
DENNIS HASTERT
14th District
......(R)
WILLIAM O. LIPINSKI
5th District
......(D)
EDWARD R. MADIGAN
15th District
......(R)
JOHN E. PORTER
10th District
......(R)
GUS SAVAGE
2nd District
......(D)
SIDNEY R. YATES
9th District
......(D)
Illinois Parks and Recreation 18 September/October 1988
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