STATE HOUSE INSIDER

ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

Child Labor Law Changes Favor in Legislature Meet with Favor in Legislature Volunteer Protection Law approved on national front

PETER M. MURPHY IAPD General Counsel

THE ILLINOIS GENERAL Assembly adjourned in the early hours of June 1, 1997, after approval of the state budget. As widely reported, the legislature dodged the bullet by failing to pass a new mechanism for funding education statewide. The Governor's proposal, which included a 25 percent increase in the state income tax and a 30 percent tax reduction in the operating levy for school district property taxes, was approved by the Illinois House with 62 votes. Speaker Madigan provided an unprecedented 55 democratic votes in order to ensure passage. In the Illinois Senate the Senate Revenue Committee voted on a partisan basis to hold the bill in committee. Subsequently, Senate President Pate Philip offered a reduced level of funding through an increase in cigarette and telecommunication taxes. This proposal passed the Senate and got no further. In the meantime, schools were given additional new monies from the growth in the existing state tax base.

In the minds of many this issue continues to be unresolved and will require legislative attention again either during the fall veto session or the 1998 spring session of the state legislature. At that point in time—with the general elections looming in November of 1998—it is unlikely that members of the General Assembly will find the political fortitude needed to permanently resolve the issue of equitable funding for school districts statewide.

The other issue of major debate involved electrical utility deregulation. The proposal passed in the Illinois House, but it was held in the Senate. Future action on this issue is expected in the fall veto session.

Overall, Illinois park districts, forest preserves and conservation districts fared well this year regarding issues impacting them in the Illinois General Assembly. Open Space Land Acquisition and Development (OSLAD) funding was at an all-time high as was funding for bike path acquisition and development. Changes to the Child Labor Law were also approved by both the Illinois House and Senate (SB476).

These changes will give local park and recreation agencies additional flexibility in scheduling the work hours of fourteen- and fifteen-year-olds as the bill extends those hours from 7 p.m. to 9 p.m. during the regular school year and from 9 p.m. to 10 p.m. during the summer vacation period.

There were also myriad bills introduced this year which would have damaged park districts' and forest preserves' ability to issue debt and otherwise carry on their functions as units of local government. These proposals met timely and appropriate deaths during the legislative process this year.

However, two bills that restrict the abilities of units of local government passed the General Assembly.

Senate Bill 200 / House Bill 652 eliminates the non- partisan election date for school board and community college elections; thus, eliminating one of the five consolidated election dates over a two-year period that park districts and forest preserves can use for referenda.

Since the property tax cap requires a referenda for virtually all new financing of park and forest preserve district activities, the eleven month gap between elections created by these bills will impact the ability to time referenda for infrastructure improvements.

Senate Bill 843 creates liability exposure in cases where there is a lack of supervision at a district that constitutes wilful and wanton conduct. This legislation is a reaction to a drowning at the Zion Park District and was supported by the Illinois State Bar Association.

This knee-jerk reaction by the General Assembly to a tragic situation will have a long-term impact on the liability exposures of local governments, which can no longer receive a summary judgment in cases based on failure to supervise.

The IAPD is working in opposition

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to this bill as presented to the governor.

In retrospect, this legislative session was a successful one for park districts and forest preserves.

Member contacts with legislators were enhanced with many new and seasoned members of the General Assembly gaining a greater understanding of the important role that park districts and forest preserves play in providing local services.

We commend you, our members, for your involvement in the legislative process and encourage you to keep up your efforts in this critically important area. The association could not be successful without your commitment to build strong ties with your state representatives and senators at the local level.

For more information, please do not hesitate to contact the IAPD office at 217.523.4554 or visit the IAPD web page at www.als.uiuc.edu/ iapd.

BILL WATCH
Back-door Referenda
SB 373
(RAUSCHENBERGER, KLEMM, LUECHTEFELD, FITZGERALD) Standardizes provisions concerning publication or posting of ordinances and resolutions and filing of petitions with respect to back-door referenda. Requires that petitions be signed by others equal in number to 5% of the total number of voters in the specified territory who voted at the last preceding general election at which electors of the President and Vice-President of the United States were elected. Senate Amendment No. 1. Adds reference to:
511CS 220/3.14-24-97 Referred to House Rules Committee

Child Labor Law
SB 476 (FAWELL,BUTLER)

Amends the Child Labor Law. Provides that 14 or 15 years-olds in a program organized and supervised by a park district with a population of less than 500,00 may work to 9 p.m. (Now 7pm ] during the school year and to 10 p.m. (now 9pm] During summer vacation. Adds permitting minors over 1 4 to work at premises where alcohol may be served if employed by park districts.
5-15-97 Held on 2nd reading in House -Short debate

Coach Safety & Training
SB 918 (O'MALLEY) Provides that the Governors's Physical Fitness and Sports Council shall establish minimum standards for the accreditation of Coaches' Safety Orientation and Training Skills Programs. Amends the Sports Volunteer Immunity Act. Provides that coaches, instructors, assistants, umpires, and referees who have completed the Coaches' Safety Orientation and Training Skills Program are immune from civil liability relating to their volunteer service for sports programs for a nonprofit association. 2-19-97 Assigned to Senate local Government and Elections Committee

Elections
HB 652 (BOLAND) Amends the Election Code, the Public Community College Act and the Fire Protection District Act to abolish the nonpartisan election held on the first Tuesday after the first Monday in November of odd numbered years. Transfers elections of officers held at the nonpartisan election to the consolidated election held on the first Tuesday in April of odd-numbered years. Provides for the terms of incumbents elected before the nonpartisan election is abolished to expire one after the election of their successors. Effective immediately. 5-16-97 Passed the Senate

Forest Preserve Property Sale
SB 262 (DILLARD) Amends the Downstate Forest Preserve District Act. Provides that during 1 997 and 1998, the board of a forest preserve district in a county with between 800,000 and 3,000,000 inhabitants may, by a two-thirds vote, sell property if it is 15 acres or less and includes a structure no longer suitable for the purpose it was purchased. Provides for a certified appraisal before the sale and for the sale proceeds to be used For the district's land acquisition or new construction. Effective immediately. 2-26-97 Assigned to Senate Local Government and Elections Committee

Forest Preserve Zoning
SB 263 (DILLARD) Provides that in a forest preserve district with boundaries encompassing 2 or more municipalities, the forest preserve district board may elect to be governed by the zoning rules of the county in which the district is located. Amends the Counties Code. Provides that the county board or county commissioners may create zoning classifications for a forest preserve district located within the county if that district's board has elected to be governed by the county's zoning rules. If the district board has made this election, exempts the district from the higher zoning standards enacted by municipalities. Effective immediately. 2.26-97 Assigned to Senate local Government and Elections Committee

IMRF
SB 665 (MAITLAND, MURPHY, S.JONES) Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Pension Code. Allows members to receive up to 24 months of credit for military service not preceded by employment upon payment of the corresponding employee and employer contributions; requires employer approval. Authorizes the Fund to offer deferred compensation and tax deferred annuity programs to its members. 5.74-97 Passed the House

Land Donations
SB 929 (RAUSCHENBERGER, DELEO, HOEFT) Creates the Builder and Developer Land Valuation Act. Amends the Counties code and the Illinois Municipal Code. Provides that land donations required by a county or municipality as a condition of residential subdivision, resubdivision, or development shall be based upon an ordinance that specifies the population expected to be generated by residential development, and the value of an acre of land improved with subdivision improvements for cash contributions instead of the conveyance of land. Sets forth the requirements that the ordinances must meet. Sets out a value determination an acre of land improved with subdivision improvements for cash contributions instead of the conveyance of land. Preempts home rule.
5-8-97 Assigned to House Rules Committee

SRA Property lax Extension
HB 847(ROSKAM) Amends the Property Tax Extension Limitation Law in the Property Tax Code. Excludes from the definition of "aggregate extension", for taxing districts that were not subject to the Law before the 1995 levy year,

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extensions for joint recreational programs for the handicapped made by a taxing district that (I) has an equalized assessed valuation that is at least 90% mutually inclusive with the equalized assessed valuation of a municipality.
2-26-97 Assigned to House Revenue Committee

Tort Immunity
SB 843 (CULLERTON) Amends the Local Governmental and Governmental Employees Tort Immunity Act. Amends language providing that neither a local public entity nor a public employee is liable for an injury caused by a failure to supervise an activity on or the use of any public property. Creates an exception in the case of willful and wanton conduct of a local public entity or public employee that proximately causes the injury. Effective immediately.
2-27-97 Assigned to Senate Judiciary Committee

Truth In taxation
HB571 (DART) Amends the Property Tax Code. Revises the purposes Section of the Truth in Taxation Law in the Property Tax Code to require taxing districts to hold public hearings on their intention to adopt an aggregate levy and to publish their intentions to adopt an aggregate levy in amounts mor than 5% or the percentage increase in the Consumer Price Index, whichever is less, over the amount of property taxes extended or estimated to be extended, including any amount abated by the taxing district prior to such extension, upon the final aggregate levy of ordinances. Amends the State Mandates Act to require implementation without reimbursement. Effective January 1, 1998.
5-10-97 Assigned to Senate Rules Committee

NATIONAL FRONT
Recognizing the need for volunteer protection legislation, Rep. John Porter (R-IL) and former Sen. John Melcher (D-MT) introduced the original Volunteer Protection Act (H.R. 911) ten years ago (1987).

When first introduced, H.R. 911 gained the support of more than 240 cosponsors (218 is the number needed for passage), but neither the full House nor the full Senate actually debated the bill.

H.R. 911 finally passed the House and Senate May 21, 1997. H.R. 911 had been reintroduced four times since 1987 (in the 101st, 102nd, 103rd and 104th Congresses).

After an 11-year struggle to shield volunteers from costly liability lawsuits, the U.S. House of Representatives passed H.R. 911 by an overwhelming 390-35 margin, and the Senate approved the House version by voice vote on the same day.

The final step required for enactment is a signature from President Clinton, which is expected.

Coverage:

The bill removes volunteers (but not organizations] from liability if the volunteer committed negligent acts or omissions while acting within the scope of his responsibilities.

The bill does not protect volunteers if the act or omission was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer. It does not cover the volunteer when harm was caused by a vehicle for which the state requires the operator or owner to possess a license or maintain insurance.

Applicability of State Laws:

The bill preempts any inconsistent state law on this issue, except that the states may provide additional protection from liability relating to volunteers.

Punitive Damages:

Punitive damages may not be awarded against a volunteer in a lawsuit in certain situations.

For this protection to apply, the volunteer must be acting within the scope of his responsibilities.

Which Volunteers Are Covered?

According to the bill, volunteers for nonprofit organizations and governmental entities are covered. To be covered, the volunteer must not receive "compensation" (other than reasonable reimbursement or allowance for expenses actually incurred); or any other thing of value in lieu of compensation, in excess of $500 per year.

Included are individuals serving as directors, officers, trustees or direct service volunteers.

Exceptions:

The limitation on liability shall not apply to any misconduct that: constitutes a crime of violence, constitutes a hate crime, involves a sexual offense, involves misconduct for which the defendant has been found to have violated a federal or state civil rights law, where the defendant was under the influence of intoxicating alcohol or any drug at the time of the misconduct.

Noneconomic Loss:

The bill requires that damages for noneconomic loss in lawsuits naming volunteers should only be awarded in proportion to the extent to which the defendant volunteer is liable.

Effective Date:

The bill will become effective 90 days after enactment, but the protections in the bill will not apply to cases filed after the effective date which cite misconduct which occurred prior to the effective date. 

PARK DISTRICT PROTECTS LYMAN WOODS
The board of park commissioners of the Downers Grove Park District voted 4-1 to institute litigation seeking to prevent irreparable ecological damage to publicly owned Lyman Woods adjacent to the I Wellness Center, which is proposed for construction on the Good Samaritan Hospital campus. The board reached this decision after lengthy consideration of the detrimental impact of the project on Lyman Woods and the border "No-Disturb Zone."

The district has a duty to protect all of its parks from degradation by environmentally unsound adjacent development. While it is distressed to find that litigation is its only alternative to seek protection of lands or rights held in public trust, it has a duty to guard the integrity of its property. •

— From a statement released by the Downers Grove Park District

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THE ABC APPROACH TO POLITICS
ACTIVISM

Political advocacy must be a continuous commitment by an organization's membership. The legislative make-up of the General Assembly is fluid and always changing, so stay in touch and active with the politics of your community and region.

BATTLEFIELDS

Without question state capitols are battlefields for competing ideas, funding priorities and interests. If you aren't involved in supporting your cause, rest assured others are working at the capitol in opposition or in competition to your cause. Get involved. If you wait it may be too late.

COURTEOUSNESS

Courteousness is a top priority for long-lasting relationships. Like a favorite piece of crystal on moving day, relationships with legislators and elected officials should be protected. Appointments made should be kept and should never go over the prearranged allotted time. Remember, sturdy packing materials around the crystal keep it from getting chipped, so treat staff members of elected officials as courteously as you would the legislator.

DISTRICT OFFICE VISITS

Hit lawmakers where they live—literally. Don't wait until the legislative session begins to talk up your issue. Meet with them on their turf before they head to the state capitol and have time for only cursory conversation and brief contact. Set up a meeting to discuss your issue in their district office, or the local coffee shop, at their convenience.

ENTHUSIASM

Many times a legislative initiative is not accepted when first introduced. Most success stories are coupled with failures that preceded them. Never lose faith or give up on a legislative idea because success may be just around the corner.

FAIR-MINDED

That's what you expect your legislators to be and that is what you should be in return. Remember that by its very nature politics is the art of compromise. Realize that while you may not get everything you asked for you can still celebrate a victory.

GET TO THE POINT

Make sure your senator or representative knows your issue's importance by keeping things simple. Pages of pretty prose can look like hours of endless work for a busy person. Don't waste time. Stress the effects your information will have on his or her constituents.

HURRY

Do things now rather than later. Make certain legislators know an issue is coming up in their district before it becomes public knowledge or a topic for open discussion. Don't "surprise" an elected official in public or in a committee meeting with something that should have been discussed beforehand.

INVOLVEMENT

A successful legislative relationship requires more than one person. It requires the involvement of both the board and staff acting as a team in promoting the agency throughout the community and in showing a united front to state lawmakers on issues impacting the field of parks and recreation.

JOINT ACTION

It is no accident that more successful legislative efforts take place with coalitions of organizations acting together than by going it alone. Keep your district connected with community organizations and user groups. They can be helpful when facing referenda and can be utilized for their statehouse contacts.

KNOWLEDGE IS POWER

Never go into battle without being sure about what you are fighting for and who you might be fighting against. Knowledge is key. Do your homework on both ends of the political stick. Be able to justify everything about your issue/request and be ready for the opposition.

LETTERS

Personalizing is best. No form letters, typed letters, or telegrams will be acted upon in the legislator/official s office until after the handwritten letter is read and handled. A neat, one-page, handwritten letter with an introduction, explanation, request, and appropriate closing is the best form of written communication.

MURPHY KNOWS BEST

When in doubt, call IAPD for up-to-the-minute information on the status of pending legislation (217.523.4554). IAPD also has educational pieces and training videos for use by new board members and staff. Let the IAPD be your resource for legislative advocacy and grassroots involvement.

— By Peter M. Murphy, Esq. Look for tips N-Z in the next issue of Illinois Parks & Recreation magazine

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