SUPREME COURT DECISION:
PARK DISTRICTS WIN!
On February 20, 1998, the Illinois Supreme Court
rendered its ruling in the case of DuPage County
Collector v. ANVAN. The Supreme Court affirmed
the trial court's denial of the objector's motion for
partial summary judgement and found that the
trial judge properly overruled the objection to the
bond levy of the Lisle Park District. The court
further found that the park districts tax extensions
(which pay for the refunding bonds to meet preexisting
obligations on initial bonds issued prior to
the act's effective date) were properly excluded from
the aggregate extension and not subject to the act's
tax cap. In layman's
terms, we won!
This decision is extremely important to all park districts, because a contrary ruling would have required the payment of bond obligations from the general operating funds of a park district.
Our appreciation goes to the law firm of Chapman & Cutler, which successfully argued this case before the Supreme Court. The IAPD intervened as amicus curiae in this case at the District Court, Appellate Court and Supreme Court levels.
EDGAR'S
BUDGET
On February 18
Governor Edgar
presented his last
budget message to the
members of the
General Assembly. In
his message he
outlined new funding
for educating Illinois'
youth. The budget
commits nearly 7.3
billion dollars to this
commitment with
$480 million dollars
going to elementary
and secondary
education.
The budget also provides 5 million dollars in education grants and other incentives to help museums make their exhibits and collections a part of classroom room learning.
The governor has proposed that this program be extended over a ten-year period. In addition, the new program provides for a five-year $50 million dollar capital program to help museums expand and move their exhibits for educational use.
This program will apply to museums in Chicago and throughout the state. The Governor spoke at length about the need in Illinois to protect its natural resources and provide dollars for the initiation of the Lincoln Presidential Library in Springfield. The development of site M in Cass County and completion of the 45-mile tunnel hill trail for hiking and hiking in Southern Illinois.
If you have specific questions about the Governor's budget, please do not hesitate to call the IAPD offices at 217.523.4554.
LOCAL TAXES
ARE LOW
A recent report from
the Taxpayers Federation
of Illinois ranks
Illinois among the
fifteenth lowest states
in state and local tax
burden. That means
that Illinois is below
the Midwest average,
the national average,
and in fact, below the
average of the ten
12 | Illinois Parks and Recreation
ISSUES AND INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
largest industrial states
in its state and local
tax burden. When it
comes to property
taxes Illinois local
government delivers
more bang for the
buck and this is
information that
should be shared with
your community.
MANDATORY
INVESTMENT
POLICY
State Treasurer Judy
Barr Topinka has
proposed legislation
(SB 1555) which
would require every
unit of local government
throughout
Illinois to adopt an
investment policy for
their agency. This
legislation is on the
fast track for passage.
The Treasurer's office
is currently in the
process of developing
a model investment
policy for units of
local government to
adopt.
IN MEMORY
OF SEN.
SEVERNS
IAPD mourns the loss
of friend and avid
supporter of parks and
recreation Sen. Penny
Severns, who died of
complications from
breast cancer on Feb.
21. Severns' intelligence and drive will
be missed in the halls
of the State Capitol
and especially by her
constituents of the
51st district.
The legislative session is off and running with a number of new bill introductions that will affect the operation of park districts and forest preserves.
Adult Entertainment
HB 2473 (BLACK)
Amends the Counties &
Municipal Codes; bans a
county/city from locating
an adult entertainment
facility within 1,000 feet
of the property boundary
of any forest preserve
district.
All-terrain Vehicles
HB 2892 (CLAYTON)
Provides that neither the
state nor local governments owes a duty to keep
safe premises for all-terrain
vehicle users or to warn
all-terrain vehicle
operators of hazards on
property in which a
governmental body has an
interest.
Architectural Fees
HB 2916 (T. JOHNSON)
Amends Local Government
Professional Services
Selection Act; provides
that a political subdivision
may consider charges for
professional fees/
expenses when awarding
contracts for architectural,
engineering or land
surveying services.
Bingo
SB 1273 (WALSH)
Amends the Bingo License
& Tax Act; provides that a
park district may provide
a premises for the conduct
of bingo without obtaining
a license.
Chicago Park District
SB 1719 (CULLERTON,
GARCIA, DE VALLE,
COLLINS, HENDON)
Requires Dept. of Natural
Resources, subject to
appropriation, to make a
50% matching grant to the
Chicago Park District for necessary dredging and reclamation of lagoons and ponds in city of Chicago parks.
Chicago Park District
HB 3453( CAPPARELLI,
SAVIANO, DART,
BROSNAHAN)
Amends Chicago Park
District Act; district may
improve, maintain and
equip land or estates
when authorized by the
Commissioners; may
grant licenses, easement
and rights of way for
water, sewer, telephone,
electricity, gas or other
public services.
Computer Error
Immunity
HB 3293 (BIGGERT)
Creates Computer Error
Immunity Act; grants
immunity to state
agencies, officers and
employees and to local
public entities and public
employees from any
cause of action resulting
from a date error
generated by a government
computer.
Conservation
Congress
HB 3051 (BRUNSVOLD,
WOOLARD, NOVAK)
Creates Conservation
Congress Act; establishes
the congress in the
Department of Natural
Resources, defines
congress representatives
and provides rules for
administering the
congress.
Debt Service
Extension
HB 3647 (MCGUIRE)
Amends Property Tax
Extension Limitation Law;
adds to meaning of "debt service extension base" an amount equal to that portion of the extension for any park district for the 1991 levy year constituting an extension for payment of principal and interest on bonds issued by the district without referendum, but not including excluded non-referendum bonds.
Geese Harvesting
HB 2480 (T. JOHNSON,
COWLISHAW)
Amends Wildlife Code;
requires Natural
Resources Dept. to start a
program in the collar
counties surrounding
Cook County for
harvesting a certain
percentage of Canada
geese each year and
using the harvested geese
as a food source for local
food banks.
Graffiti
House Bill 2511 (ZICKUS)
Creates the Local
Government Adopt-A-
Public-Building Act;
authorizes units of local
government to create
programs allowing private
citizens to adopt a public
building to remove
graffiti.
IMRF
HB 2761 (BOLAND)
Amends IMRF Pension
Code; compounds
automatic annual increase
in retirement, incremental,
disability, and survivor
annuities.
Merging/Consolidation
SB 1331 (FAWELL)
Amends Property Tax
Extension Limitation Law;
provides that if service
and corresponding
portion of the aggregate
extension base transferred
to a taxing district are for
a service for which the
transferee district doesn't
currently levy, the
provisions requiring a
referendum to establish a
new levy shall not apply
Property Taxes
SB 1388 (RADOGNO)
Amends Property Tax
Extension Limitation Law;
provides, for levy years
before the 1998 levy
year, those taxing districts
that reduced their
aggregate extension for
the last preceding levy
year shall use the highest
aggregate extension in
any or the last three
preceding levy years for
computing the limiting
rate.
Property Tax Study
HJR 41 (DANIELS)
Creates 12-member
Comprehensive Property
Tax Study Commission to
study issues surrounding
the reliance on local
property tax revenues to
fund schools, and whether
tax caps should be
expanded beyond present
geographic limits.
Real Estate Holdings
HB 2471 (SLONE)
Amends the Park District
Code; provides that any
park district owning and
holding real estate is
authorized to give that
property to the state of
Illinois or another unit of
local government.
Smoking
HB 2797 (RONEN,
KRAUSE)
Amends Clean Indoor Air
Act; provides that units of
local government may
regulate smoking in public
places; provides that
regulations must be no
less restrictive than the
Act; makes other changes.
Snow/Ice Removal
Immunity
HB 2465 (T. JOHNSON)
Provides that immunity
granted by Snow & Ice
Removal Act extends to
owners, lessors, occu-
ATTEND IAPD'S
LEGISLATIVE CONFERENCE
Tuesday, May 12
Legislative Reception
Illini Country Club
6 p.m. to 8 p.m.
Wednesday, May 13
Legislative Conference
Springfield, Hilton
8:30 a.m. to 2 p.m.
For registration and details, contact IAPD at
217.523.4554.
March/April 1998 ¦ 13
STATEHOUSE INSIDER
pants and other persons in charge of any property (now residential property only); provides that immunity extends to any part of the property (now sidewalks only).
Threats to Public
Officials
SB 1541 (DILLARD)
Amends Criminal Code;
provides that the threat
may be made by any
means of communication
and extends the threat to
that which would place
the official or family
member in reasonable
fear of bodily harm,
sexual assault, confinement, etc.; sets penalties.
Tort Immunity
SB 7628 (CULLERTON,
DILLARD)
Amends Section 3-108 of
the Local Governmental
and Governmental
Employees Tort Immunity
Act to remove the
absolute immunity granted
public entities that offer
swimming. Replaces with
a wilful and wanton
standard whenever an
activity is supervised.
Opens the floodgates for
litigation liability if failure
to provide supervision.
Truth-in-Taxation
SB 1556 (FARLEY)
Amends Property Tax
Code; revises Truth-in-
Taxation Law to require
taxing districts to publish
and hold public on their
intention to adopt an
aggregate levy in amounts
more than 5% of the
percentage increase in the
CPI, whichever is less,
over the amount of
property taxes extended
or estimated to be
extended.
14 | Illinois Parks and Recreation