S T A T E H O U S E   I N S I D E R
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

The IAPD/IPRA Legislative Platform is Introduced in Springfield CARA update and about the Illinois Land Preservation bill

PETER M. MURPHY IAPD General Counsel

THE IAPD/IPRA LEGISLATIVE PLATFORM has been introduced in the Illinois General Assembly. Our initiatives include changes to the criminal background check law, an Illinois Land Preservation initiative, legislation to create an Illinois license plate to support youth programming, a Kids Share endowment and other exciting issues. Tear out the Legislative Platform at the front of the magazine for discussion by your board as well as with your local legislators. Your efforts in your home district will help prepare you for the annual IAPD Legislative Conference May 1-2 in Springfield.

ON THE NATIONAL FRONT, President Bush on Feb. 27 recommended to fully fund the Land and Water Conservation Fund at $900 million for fiscal year 2002 and subsequent years. This recommendation includes $450 million from the LWCF for matching grants for state and local projects. (The full text of the budget document can be found at http://www.whitehouse.gov/news/usbudget/blueprint/budtoc.html.) This is the highest LWCF budget request in history, reflecting the Bush Administration's commitment to land conservation efforts. Over the next four years the administration will request more LWCF funds than provided during any other administration.

In other news, the growing movement to restore the national commitment to conservation and recreation, resulted in efforts to pass a substantive capital investments bill called the Conservation and Reinvestment Act, HR 701 or CARA. You might recall that CARA received overwhelming support in the House passing 315-102 and had strong support in the Senate's Energy and Natural Resources Committee but was never called to the floor for a vote.

Grassroots support was so strong that more than 60 Senators requested it to be called to the floor. Strong opposition and greater clout from appropriators and property rights advocates resulted in a so-called "CARA light."

On Feb. 14, Rep. Don Young (R-AK) reintroduced CARA as House Bill 701 (the same number as last year).

According to Congressman Young's aides, HR 701 would direct $3.1 billion per year from outer continental shelf (OCS) oil and gas receipts to a variety of conservation programs. The amount is an increase from last year's $2.8 billion per year figure.

Senate supporters are interested in seeing similar legislation introduced but are discussing what action they might take.

GRANT FUNDS FOR THE UPARR (the Urban Park and Recreation Recovery) program have been announced. For this grant round, $28.9 million is available for funding rehabilitation projects under the UPARR program (no pre-applications for innovation grants will be accepted).

Rehabilitation grants awarded will focus on neighborhood park and recreation sites and facilities that have "deteriorated to the point where health and safety are endangered or the community's range of quality recreation service is impaired."

Grant funds may be used to remodel, rebuild or develop existing recreation areas and facilities.

Urban jurisdictions that are eligible for funds would have a National Park Service Recovery Action Program (RAP) on file. A chief elected official of a jurisdiction with an expired RAP (since 1995), can submit either a new or updated RAP for NPS review or a letter of recertification.

If a jurisdiction has never filed a RAP for participation in the UPARR program, or if the plan expired prior to 1995, the chief elected official may submit a new or updated RAP or copies of the current budget and other necessary materials that reflect that jurisdictions recreation priorities, policies and actions.

The National Park Service will accept pre-applications on or before June 18, 2001. UPARR grants are awarded on a 70/30 (federal/local) matching basis. Applications and additional requirements can be found in the "UPARR Pre-application Handbook" available from the NPS field offices (see below) or online at www.ncrc.nps.gov/uparr.

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ISSUES AND INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

BILL WATCH

Bidding
HB 2152 (Parke)
Amends Park District Code; allows a park district to use competitive selection and the prequalification of responsible bidders in connection with design/build projects.

Bicyclists
HB 602 (Slone)
Amends Vehicle Code; provides that bicyclists are intended users of all streets and highways, except where prohibited.

HB 911 (Hamos-Erwin and Feigenholtz)
Amends the 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 using a road and who are injured as the result of a condition that is not reasonably safe for motor vehicles and that the entity knew about and had time to correct. Provides that these entities and public employees are immune when the bicyclist is injured while using a bicycle lane or bicycle route unless the entity's or employee's conduct is willful and wanton.

Cannabis
SB 210 (Halvorson)
Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Narcotics Profit Forfeiture Act. Provides that a municipality may use its share of drug forfeiture proceeds for park district or municipal recreational programs for youth at risk.

Consolidation
HB 98 (Lang)
New Act; the Local Government Consolidation Commission Act; creates a 15-member commission on local government consisting of five Senators and five Representatives and five citizens (chosen by the governor); defines such a study to make recommendation to reduce number of local governments and increase efficiency and economy; report findings to general assembly by 12/31/2002.

Conveyance of Property
HB 1079 (Slone, Smith M., Moffit, Mathias, Boland)
SB 915 (Shadid)
Amends the Park District Code. Provides that any park district owning and holding real estate is authorized to give, sell or lease that property to the state of Illinois for public use. Provides that if property is given or sold to the state of Illinois or a unit of state or local government, the conveyance must provide that ownership of the property reverts to the park district if the grantee knowingly allows all or any part of the property to be used for purposes other than park or recreational purposes.

Criminal Background Checks
HB 148 (Black)
Amends Dept. of State Police Law, Police Training Act, Counties Code and Municipal Code; provides that an applicant for a position on a police force of the state or a unit of local government must undergo a criminal background check.

HB 1846 (Cross)
Amends the Park District Code and the Chicago Park District Act. Provides that when a prospective park district employee submits his or her required authorization for a background investigation, the park district may (now, shall) submit the applicant's name, sex, race, date of birth, and social security number to the Department of State Police for a criminal history background investigation. Provides that this investigation is not required for any

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minor, seasonal employee, or previously investigated employee rehired with 18 months. Effective immediately.

HB 166 (Black)
Amends Private Detective, Private Alarm, Private Security & Locksmith Act; allows a person, firm or corporation to engage exclusively in criminal background checks.

Debt Reform
HB 914 (Moore)
Amends Local Government Debt Reform Act; provides that, as a revenue source for alternate bonds, any unit of local government having a public building commission lease rental base is authorized to levy alternate tax levy; provides for issuance of alternate bonds supported by the levy; other related provisions.

HB 131 (Schoenberg)
Amends Local Government Debt Reform Act; provides that with authorization of the governing body, the treasurer of a governmental unit may join with the treasurers of other such units to jointly invest funds of which the treasurer has custody.

Equal Pay
HB 135 (Halvorson)
New Act; the Equal Pay Act; no employer may discriminate between workers on basis of sex by paying wages solely on basis of the worker's gender; bans retaliatory charge or discrimination against a worker on is of workers use of the Act; sets penalties for violations; Labor Dept. shall administer this Act; provides for notice postings regarding such.

Family Medical Leave
SB 388 (Halvorson, D.)
New Act; the Family & Medical Leave Act; has provisions similar to those in the federal Act of 1993, except that it applies to employers with 25 or more (instead of 50) workers and some of the provisions of the federal law pertaining to federal workers and federal matters have been changed.

Forest Preserves
HB 390 (Johnson)
Amends Downstate Forest Preserve District Act; provides that such a district located in a county between 750,000 and 1,200,000 people may not sell, lease, or convey land to another unit of local government for improvements to roadways, unless the transfer is submitted to the district voters; provides that the transfers do not need to be submitted to the voters if the road improvements are necessary for public safety.

HB 915 (Moore)
Amends Downstate Forest Preserve District Act; allows a forest preserve district to increase its tax levy by submitting the question to the voters of the district; specifies information to be included on ballot.

HB 1959 (Meyer, J.)
Amends Downstate Forest Preserve District Act. Makes technical changes in Section concerning the acquisition of property by a forest preserve district.

Growth Task Force
SJR 2 (Rauschenberger)
Creates the Illinois Growth Task Force, consisting of between 12 and 24 members; defines how members are appointed by legislative leadership; directs Force to hold public hearings regarding Illinois' plans for the 21st century with respect to land use, housing and transportation, and preserving open space, farmland, and natural areas; provides for developing related goals, and related legislation.

HB 193 (Smith, M.)
Amends IMRF Pension Code; increases amount of money available for supplemental (13th check) benefits, from 0.62% to 0.80% of payroll; amends State Mandates Act.

HB 197 (Davis, S.)
Amends IMRF Pension Code; increases death benefit from $3,000 to $5,000; amends State Mandates Act.

HB 209 (Curry, J.)
Amends IMRF Pension Code; provides a program of group health benefits for retired employees and their dependents and survivors.

Open Meetings
HB 1952 (Davis, S.)
Amends the Open Meetings Act. Provides that when a public body has 5 or fewer members, any 2 members may meet to discuss legislative, executive, or administrative responsibilities without violating the provisions of the Act.

Open Space
HB 2054 (Moore, A.)
Creates the Land Preservation Initiative Act, and amends Election Code; provides for statewide advisory referendum at 2002 general election as to whether the State should increase state sales tax by 2/10 of 1 cent to fund program to preserve State's open space; provides for certain exemptions.

OSLAD
HB 553 (Franks)
Amends Open Space Lands Acquisition and Development Act; authorizes grants for buying and developing rights, defines such; amends counties, townships, municipal, and certain related codes and acts; authorizes the buying of real property development rights.

Property Rights
HB 44 (Lawfer)
New Act; the Property Rights Preservation & the Relief for Diminished Property Value Law; requires Attorney General to develop and provide to state and local agencies guidelines to assist in identifying and evaluating state/focal government actions that may result in taking private property such that compensation to the owner is required under the state of U.S. Constitution; requires state/local agencies to assess whether a government action may result in such properly taking; provides a cause of action for damages for owner whose property is diminished in value by 50% or more; numerous related provisions.

Property Taxes
SB 206 (Roskam, P.)
Amends the Property Tax Code with respect to tax objections. Provides that it, as a result of an objection field by a taxpayer, a court or the Property Tax Appeal Board determines that a tax is invalid or that an error occurred that caused other taxpayers in the taxing district in addition to the objector to pay more than they would have been required to pay if the error had not occurred, the court shall order a refund by each affected taxing district to each taxpayer who over paid property taxes as a result of the invalid tax or the error. This change applies to objections filed on or after the effective date of this amendatory Act of the 92nd General Assembly. Amends the State Mandates Act to require implementation without reimbursement from the State. Effective immediately.

SB 367 (Radogno)
Amends the Property Tax Code. Provides that if, as a result of an assessment reduction by the Property Tax Appeal Board or a court, taxing district is required to refund a portion of the property tax revenue distributed to that taxing district, then the taxing district may, without referendum, adopt a supplemental tax levy. Levy may not exceed amount of the refund but may exceed maximum rate of taxes that the taxing district is authorized by law to levy for the fiscal year to which the increase applies. Other provisions.

SB 450 (Peterson, W.)
Amends the 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. Provides that the taxing district is then responsible for defending the levy and the State's Attorney is relieved of the defense. Provides that the taxing district may also then participate in the court conference with the objector.

Public Funds Statement
SB 101 (Seiben)
Amends the Public Funds Statement Publication Act; provides that the statement filed by certain public officers each fiscal year must include, among other items, all moneys paid out when the total amount paid in the fiscal year exceeds $2,500 (now $1,000); other related changes.

Quick-Take Powers
SB 29 (Parker)
Amends Code of Civil Procedure; provides that a unit of local government may exercise "quick-take" powers to acquire real property or an interest in real property only with respect to real property lying within the limits of its territorial jurisdiction; other related provisions. SRAs

HB 162 (Wojcik)
Appropriates $250,000 to Dept. of Human Services for grants to special recreation associations.

Tobacco Settlement
HB 1886 (Wojcik, K.)
New Act; the Kids Share Endowment Authority and Program; sets board of directors, specifies membership, powers & duties; local community

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ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

collaborations may apply for such grants; specifies guidelines; establishes such a Fund in the State Treasury; directs State Treasurer & Comptroller to transfer 1/3 of Tobacco Settlement Recovery Fund deposits in FY 2002 & 2003 into the Fund; related provisions.

Tort Immunity
HB 815 (Hoffman)
Amends Local Governmental & Employees Tort Immunity Act; replaces provisions concerning a local public entity's duly to exercise ordinary care in the maintenance of its property; neither such entity nor employee or agent, and certain related entities, who removes, or tries to remove, snow or ice from a street, sidewalk, or public highway is liable for any injury that results from a condition caused by that undertaking unless it was intentional.

Trails
HB 544 (Righter)
Amends Recreational Trails of Illinois Act; provides that not more than 12% of money allocated for certain purposes in the Off-Highway Vehicle Trails fund may be used for administering, enforcing, planning, and implementing the Act.

Truth in Taxation
HB 922 (Durkin)
Amends Cook County Truth in Taxation Law; provides that taxing districts in Cook County that intend to increase a tax levy shall hold a hearing on the proposed increase at the first regularly scheduled meeting of the district in the month of December.

SB 709 (Walsh, T.)
Amends Cook County Truth in Taxation Law; provides that taxing districts in Cook County that intend to increase a tax levy shall hold a hearing on the proposed increase at the first regularly scheduled meeting of the district in the month of December.

OSLAD GRANTS

The 16 land acquisition and 65 outdoor recreation development projects are funded through $21.2 million from the state's Open Space Lands Acquisition and Development (OSLAD) program and $1.5 million from the federal Land and Water Conservation Fund (LWCF) program, both of which are administered by the Ill. Dept. of Natural Resources. OSLAD funding increased by $3.5 million this year, compared with the $ 17.8 million in grants awarded last year.

Twenty-six of the projects provide communities with the initial development of recreational facilities at those parks. A total of 31 projects include new playgrounds or playground equipment; 14 projects will provide environmental and wetland enhancement, including interpretive trails, wildlife observation stations and prairie restoration; 13 will help meet the growing demand for in-line skating, roller hockey and skateboarding; and, five communities will use grant funds for new outdoor swimming pools, while another five projects will renovate existing pools. The 16 acquisition projects will add approximately 600 acres of new local park land in those communities.

Local agencies this year submitted 169 applications requesting more than $36 million in grant funds.

Since the OSLAD program was initiated in 1986, more than $146.8 million has been awarded for nearly 900 local park projects. The program is funded by a dedicated percentage of the state real estate transfer tax which IAPD initiated and passed through the general assembly. The federal LWCF program has provided $133.5 million for state and local park projects in Illinois since 1965. More than 75 percent of LWCF funds have been provided to local park districts and recreation agencies to help address local recreational needs.

Maximum grant awards are $750,000 for acquisition and $400,000 for development projects.

Bartlett Park District
$26,000 to develop an accessible woodchip interpretive trail and interpretive signs, a teaching area and an observation deck.

Batavia Park District
$262,500 to develop soccer fields, a picnic shelter and a day camp shelter, playground, native tree trail, an in-line skate trail.

Big Rock Park District
$249,600, to develop the district's first community park site. Development includes ball and soccer fields, basketball, tennis, in-line skate court, ice skating area and a shelter.

City of Bloomington
$400,000 to develop Northeast Community Park, a 30-acre site.

Bridgeview Park District
$126,500 to redevelop the playground, a picnic shelter, benches, picnic tables, drinking fountain, half-court basketball, landscaping and a walking trail.

Buffalo Grove Park District
$178,700 to develop a bike path, tennis court, sand volleyball court, a ball diamond, and landscaping.

Canton Park District
$30,000, to develop a boat dock on Strode Lake, a fishing pier on Bond Lake and new playground equipment.

Carbondale Park District
$98,000, to redevelop the 22-acre Attucks Park.

Champaign Park District
$176,500 to acquire approximately one acre of land in conjunction with an adjacent seven-acre land donation which will be developed as Turnberry Ridge Park.

Chicago Park District
$250,000 to acquire a one-half acre parcel to expand the existing 1.18-acre Jefferson Park. $600,000 to redevelop the 6.2-acre Sherwood Park includes the baseball and soccer fields.

City of Chicago
$575,000 to acquire the 7.2-acre Marian Fathers Park. $575,000 to acquire the 5.8-acre Clark Park East.

Chicago Heights Park District
$700,000 to acquire a 52-acre nine hole golf course and clubhouse located on Scott Avenue.

Clyde Park District
$214,400 to redevelop the 3.17-acre Parkholme Park. New facilities include a zero-depth spray pad, gazebo, amphitheater, multi-purpose court, lighting and landscaping.

Cook County Forest Preserve District
$400,000 to redevelop Green Lake Pool. $750,000 to acquire 23 acres near Spring Lake Preserve as part of a proposed greenway.

Forman Park District
$400,000 to develop a family aquatic center at Memorial Park. The new center will replace the 75 year old Optimist Pool.

Fox Valley Park District
$168,500 redevelop the 16.38-acre Butterfield Park.

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Park District of Franklin Park
$400,000 to develop a picnic shelter, sand volleyball court, walking path, a nature study/interpretive area and playground.

Olenview Park District
$400,000 to develop the 16.4-acre West Fork River Park. Development includes a watershed interpretive trail and trail signs, playgrounds, basketball and tennis courts, pathways and parking.

Hawthorne Park District
$400,000, to develop the 13.3- acre Hawthorne Sports Complex includes a soccer /football field, walking/jogging track, multipurpose court area for basketball, landscaping and parking.

Hoffman Estates Park District
$184,700 to develop soccer fields, a ball diamond, playground, shelter, wetland interpretive trail, parking, and eight-foot asphalt paths which connect to surrounding neighborhoods.

Homewood-Flossmoor Park District
$166,800, to develop a picnic area with shelter, playground, multi-use pathway, wetland observation decks, softball/baseball field and a soccer field.

Huntley Park District
$200,000 to develop the 10.4-acre Southwind Park includes an in-line skating rink, basketball court, a looped asphalt path, playgrounds, a gazebo and parking.

Kane County Forest Preserve District
$444,000 to acquire the 68-acre Mill Creek Marsh.

Kankakee Valley Park District
$98,300 to develop a half-court basketball court, playground, jogging/walking path, river overlook, a shelter, site furnishings.

Park District of LaGrange
$558,100 to acquire 2,3 acres.

Lake County Forest Preserve
$750,000 to acquire the 56-acre Lake Carina.

Lindenhurst Park District
$200,000 to develop a skateboard/bicycle BMX area, wetland/creek observation deck with interpretive signs, combination ice hockey rink and a parking lot.

Lockport Township Park District
$200,000 to renovate the pool bathhouse and parking area at Chaney Pool.

Macon County Conservation District
$15,800 to redevelop one acre.

McHenry County Conservation District
$750,000 to acquire 155 acres. $149,200 to develop 75 acres of the Woodstock Center Conservation Area.

Mokena Community Park District
$360,000 to develop basketball, tennis, an inline hockey court, a ball field, climbing wall, playground, pathways and shelter.

Naperville Park District
$400,000 to develop Phase I of the 131 - acre Frontier Park includes multi-use pathway, softball fields, a shelter and restoration of prairie areas.

Northfield Park District
$238,100 to redevelop the 3.1-acre Clarkson Park includes a new restroom building, playgrounds, a gazebo, pathways, lighting, site furniture and landscaping.

Park Ridge Recreation & Park District
$144,500 to develop a skateboard park, new playground equipment, baseball field improvements and new pool fencing.

Peoria Park District
$220,300 to develop the 25-acre Northtrail Neighborhood Park on. Development includes a pathway system, fishing pier, picnic shelter, playground, ballfield, soccer and parking.

Plainfield Township Park District
$400,000 to develop a washroom, ice skating/volleyball area, a canoe launch, playground and an internal trail system. $247,400 to acquire the 16- acre Bay's Riverfront on the DuPage River.

Raymond Park District
$95,000 to develop the six-acre Raymond Sports Complex.

Roanoke Park District
$239,600 to renovate the swimming pool, bath-house and tennis courts.

Rockford Park District
$400,000 to develop Sportscore II on 44 acres. Development includes soccer fields with portable bleachers and goals, a playground, paths, picnic areas, restroom facilities, and a parking area.

Round Lake Area Park District
$400,000 to develop a fishing pier, boat launch, picnic pavilions, bicycle paths, a skate park, bicycle motorcross track and basketball courts.

Skokie Park District
$316,400 to develop soccer fields, a dog exercise area, playground, an extension of the long distance trail system, a shelter, habitat restoration along the channel edge and a skate trail.

St. Charles Park District
$225,400 to develop a playground, ball and soccer fields, shelter, tennis courts and wetland interpretive signs along the pathway system.

Streamwood Park District
$502,000 to acquire an 11.8-acre horse farm on Irving Park Road in Streamwood.

Tinley Park-Park District
$400,000 to develop the District's first outdoor water park on 53 acres.

Vernon Hills Park District
$322,500 to develop a playground, ball and soccer fields, sand volleyball, a shelter, bathrooms, loop walking trail and parking.

Wheaton Park District
$702,000 to acquire 9.9 acres at Briar Patch Park.

Forest Preserve District of Will County
$224,200 to develop Theodore Marsh Preserve.

Winfield Park District
$394,000 to develop sports fields, trails, an in-line skating court, playground, parking and a 0.4-mile bike path connection to the Great Western Trail.

Winnetka Park District
$275,000 to redevelop a playground, play fields, sand volleyball, beach house reconstruction and landscaping. •

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