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Legal/Legislative Scene
The budget impasse that kept the Illinois General Assembly in session for an additional two days was broken when agreement was reached on Medicaid reimbursement and nursing home subsidies. In spite of a Spring Legislative Session that ran into overtime the tax cap issue for the County of Cook and Downstate remains dead. Although an early vote was taken this spring on this issue subsequent attempts to resurrect the tax cap issue failed. All property tax cap legislation was held by Speaker Madigan and the House Rules Committee this year. Falling victim to that policy was Senate Bill 1925, which would have provided relief to Illinois park districts subject to the tax cap. Senate Bill 1925 would have allowed Park Districts in the collar counties to issue non-referendum debt at the same level they had done in the previous year plus 5 percent or CPI, whichever is less. Efforts will continue during the Veto Session to re-establish the non-referendum bonding ability not only for Illinois park districts but also for forest preserve districts which are subject to the same negative public policy effects of this legislation. In lieu of tax caps, tax relief was provided to Cook County taxpayers through the passage of House Bill 3456. House Bill 3456 increases the senior citizen homestead exemption from $2,000 to $2,500, and the general homestead exemption from $3,500 to $4,500 in Cook County only. This relief coupled with prior year EAV which was instituted for Cook County last year provides a common-sense alternative to the property tax cap currently imposed on the collar
The Act goes on to define a baseball facility as any field, park, stadium or other facility that is used for the play of baseball (regardless if it is also used for other purposes) and that is owned or operated by any individual, partnership, corporation, unincorporated association, the state or any of its agencies, officers, instrumentalities, elementary or
LEGAL/LEGISLATIVE SCENE secondary schools, colleges, or universities, units of local government, school districts, park districts, or other body politic and corporate. Willful and wanton conduct is defined as a course of action which shows an actual or deliberate intention to cause harm, or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property. Senate Bill 911 was also passed this Spring, which extends the cutoff date from March 15, 1992 until November 30, 1992 in order to authorize park districts to collect monies paid into the Horse Racing Allocation Fund as a result from the operation of an off-track betting parlor within their geographical boundaries. These monies have provided a significant source of funding for the Illinois park district museums. In addition House Bill 3618 passed, which amends the Fiscal Responsibility Report Card Act to increase the time period within which the state and taxing districts must submit a fiscal responsibility report card. The time requirement has been increased from 90 to 180 days after the close of the fiscal year. In making this change the General Assembly allowed this report to track with the other time limitations provided for the submission of audits and the report of statements of receipts and disbursements. In other action. House Bill 3178 was tabled. It was introduced by Rep. Wennlund to amend the Open Meetings Act to provide that meetings of public bodies held to discuss whether a particular parcel of land should be acquired are exempt from the public meeting requirements of the act. Legislation adopted this session also included House Bill 3344, which amends the Lawn Care Products Application and Notice Act, which provides that a lawn care containment permit issued by the IL Dept. of Agriculture must be obtained prior to the operation of a wash water containment area. It further provides that the department may promulgate rules and regulations as necessary for the enforcement of the act and that violations of the act may be prosecuted by the States Attorney and collection of penalty may be made by the Attorney General if administration penalties are not made within 60 days of the notice from the department House Bill 3379, also passed, amends the Local Government Professional Services Selective Act. It provides that certain provisions of the Act may be waived in emergency situations or when the cost of architectural engineering and land surveying services for a project are expected to be less that $25,000. Held in the Senate was House Bill 3662, which amended the Downstate Forest Preserve District Act and provided that if the boundaries of a forest preserve district are coextensive with the boundaries of a county then the district commissioners shall be elected from a county board district; a president of the district board of commissioners would then be elected at large. Currently county board members perform the duties of forest preserve district commissioners. Approved was Senate Bill 1541 , which amends the criminal code relating to the unlawful use of weapons, provides that the enhanced penalties for possessing silencers or machine guns or for carrying a firearm stun gun, tazer or ballistic knife while hooded, robed or masked on school property or on residential property owned operated and managed by a public housing agency apply to possessing those weapons, as well, in a public park or on a public way within a thousand feet of a school, public park or public housing. Also receiving approval this spring was Senate Bill 1664, which authorizes drainage districts and the regional transportation authority to utilize their established funds, personnel and other resources to acquire, construct, operate and maintain bikeways and trails. This authorization will enable them to operate trails that join currently existing park district and forest preserve district trails, thus enhancing the recreational opportunities available to people in that region. Senate Bill 1616, however, was not passed this year. This legislation would have created the Recreational Trails of Illinois Act. It is likely that Senate Bill 1616 will be revisited in the Veto Session.
Senate Bill 1701 Dudycz-Topinka
Senate Bill 1706 Topinka-Dudycz, Butler, DeAngelis, Karpiel, MacDonald,
Mahar, Raica, and Phillip
Senate Bill 1731 Lechowicz
LEGAL/LEGISLATIVE SCENE
be reimbursable by the State to local
governments. Provides that a local government need not implement or continue
a mandate if the General Assembly does
not make the necessary appropriations.
Allows a local government to rely on a
finding by the Auditor General that the
General Assembly has not made the
necessary appropriations.
Senate Bill 1755 Schuneman
Senate Bill 1767 Welch
Senate Bill 1777 Karpiel
Senate Bill 1801 MacDonald
Senate Bill 1832 Lechowicz-Rock
Senate Bill 1862 Etheredge
Senate Bill 1933 Luft
Senate Bill 1955 Woodyard-Philip,
Weaver, S. Davidson, Schaffer,
DeAngelis, Schuneman and Geo-Karis
Senate Bill 1957 Hudson
Senate Bill 1981 Karpiel ADJOURNMENT The Senate adjourned at 7:56 p.m. and the House at 8:21 p.m., Thursday, July 2. Both Chambers will reconvene at Noon, Thursday, November 5, 1992, in perfunctory session only. The regular Veto Session dates are as follows— Tuesday through Thursday, November 17-19, and Tuesday through Thursday, December 1-3. NOVEMBER ELECTION The November General Election will result in major new changes for the make up of the Illinois General Assembly in both the House and the Senate. Currently their are 78 House incumbents on the ballot for the November election, however, six of them are paired in races against one another. These six
LEGAL/LEGISLATIVE SCENE
are Rep. Helen Satterthwaite and Rep. Tim Johnson, Rep. John Matijevich and Rep. Virginia Frederick and Rep. Terry Steczo versus Rep. Jane Barnes. As a result no more than 75 of the current House incumbents will be returning to the General Assembly in January. This means that there will be at least 43 new State Representatives in the House. This major change is further highlighted by the fact that the 1990 election added only 15 new House members and the 1988 election added only 7 new members. In the Illinois Senate there will be at least 19 new Senators elected in November. Not all of these individuals will be new faces however, because in 12 of those 19 races there is currently a House member trying to move over to the Illinois Senate. Senate membership, however, usually remains very static, and so any change in Senate membership will be a change in the potential political control of the Illinois Senate. Currently, the Senate is made up of 31 Democrats and 28 Republicans. In 1988 there were 39 Senate seats up for election and incumbents won every one. In 1990 there were 20 incumbent Senators up for election and all twenty incumbents won. Note also that 54 of the 118 house districts are heavily weighted toward one political party or the other. In the Illinois Senate, 34 seats are already heavily weighted to one particular political party or the other. NATIONAL ISSUES Citing a decade of decreasing allocations to state governments for recreation, two members of Congress introduced legislation to amend the land and water conservation fund to achieve parity between federal land acquisition and the state assistance program. Senator Dennis DeConcini (D-AZ) on May 5 introduced S.2654, the "Land and Water Conservation Fund Amendments," the same day Representative Peter Kostmayer (D-PA 8) introduced comparable legislation, H.R 5064, the "Community Recreation Enhancement Act." DeConcini's bill requires an equivalent appropriation for federal and state programs effective in fiscal year 1993. S.2654 compensates for the potential decrease in the federal allocation by mandating a base appropriation double that of fiscal year 1992 for all subsequent years. Kostmayer's bill would increase the state grants portion of LWCF incrementally from 30 percent in the fiscal year 1993 to 50 percent in 1995 and thereafter. These percentages, however, are applicable only if they do not decrease the overall amount appropriated for federal land acquisition below 1992 levels. Both bills would also establish new grant formulas for projects, permit limited funding for maintenance, allow qualified non-profit organizations to receive LWCF grants under certain conditions and expand Native American participation in the program. NEW FORMULAS Both bills enable states to seek grants for more than 50 percent of the cost of certain types of projects. Currently, LWCF requires the state or local grantee to match the federal grant dollar for dollar. Under S.2654 the federal government could fund up to 80 percent of those multi-purpose projects, those which provide outdoor recreation and satisfy another significant resource conservation need, (e.g., wildlife habitat, flood control, improved air quality). The secretary of the interior is directed to give "highest priority" to multi-purpose projects. H.R.5064 would permit states to receive grants for 75 percent of the cost of acquiring land within the wild and scenic river system, to protect scenic or historic trail components of the trail system, or to protect natural historic or natural landmarks. The Kostmayer bill would also create four categories of projects, identified in studies done by the secretaries of interior or agriculture, or contractually by a state or others. Planning projects would be authorized by Congress and completed projects would be eligible for a matching grant appropriation. Planning categories would include "multipurpose" greenways, urban open space, cultural landscapes and heritage areas. MAINTENANCE DeConcini's bill would allow up to 30 percent of each state's total allocation to be used to maintain or develop previously funded LWCF projects. It could also be used for security measures or structural enhancements on outdoor recreation sites in areas where severe climatic conditions limit facility use. Kostmayer's bill permits spending 10 percent of each state's allocation on previously funded projects for "non-routine" maintenance or the development of sheltered facilities, but expressly prohibits the use of funds for any other maintenance. H.R.5064 also provides incentive for local agencies to develop local outdoor recreation plans or revise existing plans by allowing 50 percent of the cost of planning to come from a grant. "EMERGENCY LOAN FUND" Kostmayer's bill authorizes Congress to appropriate $250 million in fiscal year 1994 for an "emergency recreation and open space preservation loan fund" to be used by state or local governments for land acquisition and development. The loan may cover the entire cost of a project if the resource is in imminent danger of damage, or an opportunity to
LEGAL/LEGISLATIVE SCENE address a severe recreation deficiency will be foregone because no money was immediately available from private lenders or other sources. Priority is given to projects which are partially funded by private contributions. OSLAD/LWCF GRANTS Congratulations to all Park and Forest Preserve Districts receiving OSLAD/ LWCF Grants this year. The stateside portion of this program continues to grow while the federal LWCF has remained relatively static. The federal commitment could improve however (see the above national issues section of this article). OSLAD will provide $4.3 million in funding this year. Since 1986 when OSLAD was created, the program has provided a total of $29.2 million for 244 local agency projects. It is funded by monies dedicated from a percentage of the Real Estate Transfer Tax. LWCF, which is financed through federal funds, has made $130 million available for state and local park projects in Illinois since it's inception in 1965, including nearly $1.2 million this year. More than 75 percent of its grants have gone to local agencies to help address critical, close-to-home recreation needs. There were 87 applications requesting $ 11.2 million in funding for this fiscal year. The IAPD has a long and successful record in lobbying for all the state and federal grant programs and the OSLAD program is still recognized as one of the IAPD's finest accomplishments.
LEGAL/LEGISLATIVE SCENE Referenda Results The following are the results of referenda included on ballots for the Primary election held on March 17, 1992. The data for this report was obtained from election authorities and jurisdictional canvassing board abstracts. The following is a summary of those referenda. There were 253 referenda proposals presented by 213 units of government on the Primary election ballot - 125 passed and 121 failed.
Specific results of park and forest preserve district referenda are as follows:
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