STATEHOUSE INSIDER
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
Attorney General
Pushes FOIA Changes
$17.8 million in OSLAD funds for parks, facilities in 2000
PETER M. MURPHY
IAPD General Counsel
ATTORNEY GENERAL Jim Ryan is
pushing for passage of legislation (HB 3469) which
will provide additional enforcement options to
individuals denied access to public records. This
election year initiative would permit a person denied
access to inspect or copy a public record by the head
of a public body to request a review of the denial by
the Attorney General. The request for review must be
in writing, signed by the requestor, and shall include a
copy of the request for access to records, the appeal,
and any responses from the public body. .
Within three business days after the receipt of a
proper request for review, the Attorney General shall
notify the public body of his or her receipt of the
request and shall offer the public body an opportunity
to consult upon and informally mediate or otherwise
resolve the questions of the propriety of its denial.
If the public body is a unit of local government the
Attorney General shall, at the same time, also notify
the State's Attorney of the county in which the public
body's principal office is located.
The Attorney General shall have the powers
necessary to investigate including the power to: issue
administrative subpoenas to compel the production of
documents or the presence of witnesses; inspect
records in the premises of the public body; examine
under oath any person; bring an action in the circuit
court to compel compliance; accept written or oral
legal argument on the issues presented.
The Attorney General shall post his or her opinions
on the official Web site of the Office of the Attorney
General and (www.ag.state.il.us) shall make them
available for inspection in his or her office.
The court may assess against any parry reasonable
attorney's fees and other litigation costs reasonably
incurred by any other party who substantially prevails
in any action brought in accordance with the Act. It is
important to note that litigation costs may be
assessed against any private parry or parties
bringing the action only if the Attorney General
opined in accordance with the Section that
the records were not subject to disclosure; or
upon the court's determination that the
action is malicious or frivolous in nature.
If the requestor substantially prevails in
a suit seeking records that the Attorney
General opined were subject to disclosure in
accordance with the Act, the court shall
award to the requestor, in addition to any
award of costs, punitive damages of up to $50
per day for each day of delay in producing the
records from the date that the Attorney
General's opinion was received by the public body.
This economic penalty makes the Freedom of Information
Act (FOIA) one of the
most punitive that local governments now face.
The bill passed the Illinois House on February 24 and moved
to the Senate for consideration.
DNR
HB 4491 (Schoenberg)
Appropriates $1 for fiscal 2001 expenses of the
Dept. of Natural Resources.
Equal Pay
HB 4454 (Currie)
Creates the Equal Pay Act;
provides that no employer may discriminate between
employees on the basis of sex by paying wages
solely on the oasis of the employee's gender;
provides for administration and enforcement by
Dept. of Labor.
Family and Medical Leave
SB 1664 (Lightford)
Creates the Family and Medical Leave Act;
contains provisions similar to those in the
federal Family & Medical Leave Act of 1993, except
that it applies to employers with 25 or more employees
instead of 50 or more.
Lease of Real Estate
HB 4370 (Wojcik)
Amends Property Tax Code; provides that, for
tax years 2000 and after, all property leased by a
park district from a city that is sublet from the
district by any entity for sole purpose of establishing
recreational facilities or parking lost used
exclusively for those facilities is exempt; if
subleasee is not an exempt entity, a leasehold
assessment shall be made on the property; related
provisions regarding tax district abatement;
amends State Mandates Act.
Lease Restrictions
HB 4349 (Slone)
Amends Park District Code concerning the
lease of real estate owned by a park district;
provides that if the real estate is greater than 25
acres of 50% of the district's property and the
current use of the real estate will be substantially
altered by the private entity, then the district
must submit the question of leasing to
the voters of the district.
Liquor Sales
SB 1550 (T. Walsh)
Amends Liquor Control Act; provides that
alcoholic liquor may be delivered to and sold on
12 * Illinois Parks and Recreation * March/April 2000
ISSUES AND INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
the grounds 500 feet of a building owned by a
forest preserve district during times when food is
dispensed for consumption within that area.
Open Meetings Act
SB 1838 (Cullerton)
Amends Open Meetings Act; requires Attorney
General to publish a guide; requires each
public body, at its principal office and at
each meeting, to make a copy of the Act available
for inspection and to make copies of the Act
available for inspection and to make copies of the
AG's guide available for free distribution; related
requirements regarding public body's post notices;
removes State Gift Ban Act ethics commissions,
ethics officers, and ultimate jurisdictional
authorities from the exception to the definition
of a public body.
Open Meetings Act
SB 1858 (Silverstein)
Amends Open Meetings Act; requires a public
body to include a list of legal holidays observed by
the public body in its required notice of regular meetings.
River Protection
SB 1870 (R. Madigan)
Creates the River Beautiful Act; the Department of
Natural Resources shall initiate programs to
preserve and protect rivers; amends State
Finance Act to create the River Beautiful Fund;
amends Riverboat Gambling Act; a portion
of the wagering tax shall be paid into the River
Beautiful Fund and used for the specified purposes.
Roll Call Votes
HB 3557 (Tenhouse)
Amends Legislative Information System Act;
requires that records of roll call votes of either
house of the General Assembly, and transcripts
of General Assembly debate, shall be available
to the public in electronic form; requires that the roll
call vote, and description of subject matter, be made
available within 24 hours after the legislative day
the vote is recorded; other related provisions.
Tax Objections
HB 4020 (Cowlishaw)
Amends Property Tax Code; provides that a
taxing district may intervene in any case in
which an objection is filed against the taxing
district's levy by filing an appearance in the case
with notice; other related provisions.
Tort Immunity - Bicyclists
SB 1930 (Rauschenberger)
Amends Local Governmental & Governmental
Employees Tort Immunity Act; provides that local
public entities are not immune from tort liability
for injuries to bicyclists who are lawfully used a
road and who are injured as result of a condition
that's not reasonably safe for motor vehicles and
that the entity knew about and had time to correct;
related provisions.
NATIONAL FRONT
Reps. Young & Miller Announce Overwhelming
House Support For Historic Conservation Bill
House Resources Committee Chairman
Don Young (R-AK) and Senior Committee
Democrat Rep. George Miller (D-Calif.) said
they now have 294 co-sponsors on their bipartisan legislation, the
Conservation and Reinvestment Act (H.R. 701), known as CARA.
On February 17 they filed the official committee report on the
bill to the House Rules Committee and have
asked House leaders to schedule the bill for a
vote as soon as possible.
CARA would dedicate $2.8 billion in permanent funding
every year toward federal, state and local environmental and
conservation efforts without levying new taxes or fees. CARA
would fully fund the Land and Water Conservation Fund to
assist federal and state efforts to acquire and care for public lands.
Congress has sharply shortchanged this fund every year since it was
first created over 30 years ago. In addition, CARA would help
restore coastlines impacted by offshore oil drilling, protect wildlife
and endangered species, preserve historic buildings, and support
urban park and recreation programs. Funding for the bill
would come from current federal royalties on offshore
oil and gas drilling.
The landmark legislation would provide conservation
with the largest infusion of federal funds in history, $44 billion over
the next 15 years ($3 billion annually), most of which will go to
various state and local conservation programs, including state-level
wildlife conservation and related education and recreation.
On November 10, 1999, the House Resources Committee
voted 37 to 12 in favor of CARA, which is a compromise between
Mr. Young's original CARA bill and a bill (H.R. 798) by Rep.
Miller. Their effort to fully fund the Land and Water Conservation
Fund and provide additional resources for the environment is
supported by a broad- based coalition of environmental, athletic,
historic preservation and conservation groups, cities, counties, states,
and private businesses.
Historic Debut in President's FY 2001 Budget
President Clinton unveiled a $1.4 billion funding package for
various conservation programs. The President reaffirmed his State of
the Union address support for wildlife conservation programs.
In summarizing the President's proposal, Council on Environmental
Quality head said that the Administration's budget proposal "shadows"
the $2.8 billion Conservation and Reinvestment Act (CARA) as it
includes funding for LWCF and UPARR, state wildlife agencies,
coastal restoration, and conservation easements. Department of Interior
officials have characterized it as a "place holder" to show Administration support
of something like CARA.
The wildlife portion of the President's $100 million to state
fish and wildlife agencies based on the TWW formula of 2/3
population, 1/3 land area with a floor of 1% and a cap of 5%. The
funding would be made available under the Fish and Wildlife
Coordination Act.
The inclusion of this wildlife funding is a HUGE signal of
support from the administration and indicates the President
wants to be a part of the effort to pass a CARA bill this year.
This is not a competing proposal. It gives CARA programs a
head start by providing funding for FY 2001. CARA funding would
not begin flowing until FY 2002.
Lands Legacy Funding for the States
President Clinton also announced a $40 million land acquisition
grant for all 50 states and the U.S. territories. The grants can be used
to acquire land or easements for parks, greenways, wildlife
habitats, or coastal wetlands. Funding must be matched 50-50 by states,
resulting in a total investment of at least $80 million.
Breakdown by state:
Illinois $1,299,245.
Illinois Parks and Recreation * March/April 2000 * 13
STATEHOUSE INSIDER
OSLAD GRANTS
Gov. George H. Ryan announced in late-February
$17.8 million in grants for 93 projects throughout the state
to create new local parks, to further develop and improve
park lands and to preserve natural areas. The grants, combined
with matching funding by local sponsors, will result in an investment
of more than $35.6 million toward improving the quality of
life for our citizens and future generations.
The 17 land acquisitions and 76 outdoor recreation development
projects were funded through the state's Open Space Lands
Acquisition and Development (OSLAD) program, administered
by the Illinois Department of Natural Resources.
Eleven of the development projects will create new
parks for their communities with eight of them
representing the first recreational park in the area.
The 17 acquisition projects will add nearly 800 areas of local park
land to communities receiving grants, while three projects involve
donations of new land totaling almost 33 acres for park facilities.
Local agencies submitted 174 applications requesting more than
$29 million in grant funds.
More than $125.3 million has been awarded for nearly 800 local park
projects since the OSLAD program was initiated in 1986. The
program is funded by a dedicated percentage of the state real
estate transfer tax which the LAPD initiated and the legislature
passed into law.
Members interested in applying for grants for the coming year
should contact the LAPD or the IDNR Division of Grant Administration,
524 S. Second Street, Room 315, Springfield, IL 62701-1787 or
call (217) 782-7481.
Albion District Board
$16,300 to improve recreational opportunities at the 17.5 acre Luthe Park.
Belvidere Park District
$200,000 to develop 20.0 acres of a 90-acre site located
at the north edge of Belvidere.
Big Rock Park District
$146,000 to acquire 13.8 acres for future development of
the district's first public park.
Burbank Park District
$200,000 to redevelop the 9.9-acre Narragansett Park includes
installation of a new playground, a soccer field, a skate park,
an in-line hockey rink, a 2/3 mile walking/jogging/bike path
and renovation of two basketball courts.
Burr Ridge Park District
$189,500 for installation of two volleyball courts, a
basketball court, two tennis courts, a
restroom/concession/storage/shelter facility,
trail head and path to a 17.0-acre wetland.
Carol Stream Park District
$65, 200 to develop the 0.5-acre Blue Heron Park.
Chicago Park District
$750,000 to acquire 4.98 acres and to expand Ping
Tom Park to 17.24 acres.
Chicago Park District
$250,000 to develop 2.8 acres of Origins park to
construct a visitor center.
Chicago Park District
$275,000 to acquire 2.78 acres.
Chicago Park District
$700,000, to develop 2.82 acres includes the
demolition of the existing spray pool, the installation
of a new interactive spray pool, fencing and
landscaping.
Clyde Park District
$200,000 for construction of a senior citizen's area, a
multipurpose playfield, a 1/4 mile walking/jogging
path, upgrading of the existing wading pool.
Cook County Forest Preserve District
$600,000, to acquire the 40.0-acre Wentworth Prairie.
Cook County Forest Preserve District
$300,000 to acquire 10.0 acres adjacent to the
Camp Sagawau Canyon Nature Preserve.
Cook County Forest Preserve District
$242,500 to develop the 43.0-acre Youngblood
Addition at Baker's Lake Preserve.
Darien Park District
$400,000 to acquire 10.5 acres.
Decatur Park District
$200,000 to develop the Sangamon River
Greenway. Development will include construction
of a 1.13-mile river access trail, canoe/kayak
launch, two picnic areas/overlooks, improvements
to a fishing area, renovation of a baseball field,
lighting, parking lots and landscaping.
Deerfield Park District
$200,000 to construct a shelter/restroom/warming house,
expansion of the playground, the community's first pet
exercise area, an ice skating area and landscaping.
Elba-Salem Park District
$141,500 to redevelop a new playground, two ball
diamonds, replacement of fencing, a basketball
court, walking path, surfacing of the parking area.
Fox Valley Park District
$200,000 to develop two ball fields, a shelter, play
equipment, a sand volleyball court, an exercise trail,
multipurpose court and landscaping.
Geneva Park District
$136,800, to develop two portage stations, a dam overlook
with shelter, shoreline stabilization and fishing stations,
interpretive signs and landscaping.
Glenview Park District
$200,000 to develop five soccer fields, two football
fields, five ballfields, a shelter/restroom, a day
camp shelter with restrooms, a playground,
a basketball court, habitat restoration, an interpretive
trail and a skate park.
Gurnee Park District
$200,000 to develop a pond overlook/fishing station,
a 1.0-mile bike trail, a sand volleyball/ice skating area, a
multi-court for roller/ice hockey
and bike-trike course.
Harvey Park District
$71,250 to renovate sports fields.
Havana Park District
$100,000 to develop three ball fields, an archery
range, a roadway and landscaping.
Hoffman Estates Park District
$80,000 to develop a gazebo shelter, horseshoe
pits, walkways and gathering area, a butterfly
garden and landscaping.
Kankakee River Valley Forest Preserve District
$44,200 to construct a parking lot and walking path.
Lake County Forest Preserve District
$400,000 to acquire 94 acres expanding the
Fourth Lake Preserve to 318.56 acres.
Lockport Township Park District
$200,000 to renovate the bathhouse, new fencing,
renovation of a slide, water play area, pool
accessories and a parking lot with basketball and
volleyball court markings.
Markham Park District
$200,000 to improve a jogging path, shelter, two
playgrounds, six basketball, goals, ballfield
renovation and landscaping.
Midlothian Park District
$75,000 to redevelop new playground equipment, a
pavilion, a batting cage and walking path.
Moweaqua Township Park District
$200,000 to develop ball diamonds, soccer fields,
tennis courts, basketball courts, a parking lot, a
restroom/concession building, a nature/jog trail.
14 * Illinois Parks and Recreation * March/April 2000
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
New Lenox Park District
$100,000 to develop a shelter, two tennis courts, a
playground area, an interpretive trail, an open play
area, a wetland restoration area and a parking lot.
North Berwyn Park District
$77,700 to develop a shelter, a playground,
walkways and landscaping.
Oak Lawn Park District
$200,000 to replace the existing Memorial Park
wading pool.
Oswegland Park District
$200,000 to develop a parking lot, canoe/small
boat access site, a jogging/walking trail,
two fishing access areas, an ice skating area, a
bandshell, two shelters, a facility building/restroom,
two pedestrian bridges and a playground.
Peoria Park District
$200,000 to redevelop a canoe launch, two fishing
piers, playground equipment, two shelters, a
soccer field, a softball field, a multi-play court
and landscaping.
Pleasant Dale Park District
$200,000 to develop the district's first interpretive
nature trails, nature trail decks, bike/hiking trails,
creekside trail node/fishing stations, habitat
restoration, a canoe launch, a play area, a
day camp/picnic shelter.
River Forest Park District
$200,000 to redevelop the 1.8-acre Washington
Commons Park.
Springfield Park District
$200,000, to further develop the 190.2-acre
City-Wide park site.
St. Charles Park District
$200,000 to develop four ballfields, a playground,
two basketball courts,
a shelter/restroom/concession facility, and
interior paths and walkways.
Tinley Park Park District
$200,000 to further develop two tennis courts,
two basketball courts, three volleyball courts,
two playgrounds, lighting and landscaping.
Vernon Hills Park District
$200,000 to develop a basketball court, a
parking lot, a tennis court, restroom/concession
facility, a walking trail and connection, a
playground and landscaping.
Waukegan Park District
$119,800 to develop a walking/jogging path, a
play area, basketball court, a tennis court, a
shelter, interpretive signage and landscaping.
Wheaton Park District
$298,300 to acquire 2.5 acres that are contiguous
to the Wheaton Park District's Lincoln Marsh
Natural Area.
Wheeling Park District
$188,900 to renovate the 5.0-acre Husky Park.
Will County Forest
Preserve District
$200,000 to develop parking lots, viewing
blinds, pathways, shelters, interpretive exhibits,
viewing scopes and landscaping.
Winnebago County
Forest Preserve District
$400,000 to acquire an
additional 412.0 acres
adjacent to Seward Bluffs
Forest Preserve for the
future construction of a
recreational lake.
FOR LEGISLATIVE NEWS
GO TO ILparks.org
Go to www.ILparks.org for the current status of all legislation being tracked
by the IAPD, plus a link to the State of Illinois Legislative Information System
(LIS) where you can get background information on your
state legislators and read the entire text of any bill introduced by the
General Assembly. The site also features a valuable legal section with
case notes on legal decisions that affect your agency's operations.
Illinois Parks and Recreation * March/April 2000 *15