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STATEHOUSE INSIDER
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

Legislative Platform Fares Well in the Spring Session
See April 3 referendum results on 15

Peter M. Murphy
PETER M. MURPHY
IAPD General Counsel

AT THE TIME of this writing the General Assembly is completing final action on all bill introductions. The IAPD/IPRA Legislative Platform has fared well this session with most initiatives moving forward or expecting to do so before adjournment.

After a resounding vote in the House, the Illinois Land Preservation Initiative (ILP) is on a temporary hold in the Senate Rules Committee. The Park District Youth Program License Plates has been amended onto House Bill 293 with a number of similar proposals. Senate Bill 1171 is poised for passage in the Illinois House of Representatives.

Final adjournment is scheduled for May 25, although some legislative pundits are skeptical due to the large number of issues still to be resolved. Currently, the House of Representatives only has 254 Senate bills to be considered and the Illinois Senate only has 283 House bills for consideration. This is a far cry from the 1,523 Senate bills and 3,623 House bills that were introduced at the beginning of the session. This is directly attributed to the constraints of the leadership in both the House and Senate rather than the lack of good legislative initiatives.

For more details, see the IAPD Web site at www.ILparks.org.


BILL WATCH

Bicyclists
SB 1014 (Rouschenberger-Dillard-Jocobs-Cullerton- Madigan, L.)
The Local Governmental and Governmental Employees Tort Immunity Act is amended by adding Section 3-111 as follows: Neither a local public entity nor a public employee is liable for any injury to a bicyclist if the liability is based on the existence of a condition of a segment or portion of a street or highway that has been improved for bicycle use unless the local public entity or public employee is guilty of willful and wanton misconduct proximately causing the injury. For the purposes of this Section, a street or highway has been improved for bicycle use when: (1) it has been designated with appropriate signs and (2) it contains one of the following features: (i) additional lane width, (ii) a paved shoulder, (iii) a striped bicycle lane, or (iv) a marked crossing of a bicycle trail. 4/4/01 Passed out of Senate with a vote of 54-0-2. Last Action: 5/3/01 Referred to House Judiciary Committee.

Bonding Authority
SB 1171 (Philip)
Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that "debt service extension base" means, for park districts (i) that were first subject to this Law in 1991 or 1995 and (ii) whose extension for the 1994 levy year for the payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds) was less than 51 % of the amount for the 1991 levy year constituting an extension for payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds). Provides that "excluded non-referendum bonds" means (i) bonds authorized for certain aquarium and museum projects, (ii) double-barrelled bonds, and (iii) refunding obligations issued to refund or to continue to refund obligations initially issued pursuant to referendum. 3/29/01 Passed out of Senate with a vote of 37-12-6. Last Action: 5/3/01 Referred to House Revenue Committee.

Consolidation
HB 98 (Lang)
New Act; the Local Government Consolidation Commission Act; creates 15-member commission on local government consisting of 5 Senators and 5 Representatives and 5 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. Last Action: 4/6/01 Referred to House Rules Committee.

Criminal Background Checks
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 minor, seasonal employee, or previously investigated employee rehired with 18 months. Effective immediately. Last Action: 4/6/01 Referred to House Rules Committee.

DNR Budget
SB 1363 (Donahue-Rauschenberger-Karpiel)
Makes appropriations and re-appropriations to the Department of Natural Resources for the fiscal year beginning July 1, 2001. Effective July 1, 2001. Last Action: 3/29/01 Referred to Appropriations Committee.

Forest Preserves
HB 915 (Moore, A.)
Referendum Question Format. 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. 3/28/01 Passed out of House with a vote of 104-10. Last Action: 5/3/01 Passed both houses.

12 | Illinois Parks and Recreation


ISSUES AND INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

IMRF
HB 209 (Curry)
Amends IMRF Pension Code; provides a program of group health benefits for retired employees and their dependents and survivors. Last Action: 3/16/01 Assigned to House Rules Committee.

Kids Share
HB 1886 (Wojcik)
New Act; the Kids Share Endowment Authority and Program; sets board of directors, specifies membership, powers and duties; local community collaborations may apply for such grants; specifies guidelines; establishes such a Fund in the State Treasury; directs state treasurer and comptroller to transfer 1/3 of Tobacco Settlement Recovery Fund deposits in FY 2002 & 2003 into the Fund. 4/4/01 Passed out of the House with a vote of 100-3. Last Action: 4/10/01 Referred to Senate Rules Committee.

Open Meetings
HB 3098 (Dart)
Amends the Open Meetings Act. Removes the requirement that minutes of a closed meeting be written, and permits that the minutes be recorded by an audio or video method or by a court reporter. Requires that a public body keep verbatim minutes of a closed meeting. Permits disclosure of those minutes only as the public body determines or for a court's in camera review when the meeting is alleged to have violated the Act. Effective immediately. Last Action: 5/2/01 Assigned to Senate Executive Committee.

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% to fund a program to preserve state's open space. 4/3/01 Passed out of the House with a vote of 83-30. Last Action: 4/4/01 Referred to Senate Rules Committee.

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. Last Action: 3/16/01 Assigned to House Rules.

Park District License Plates
HB 3016 (Crotty-Bassi)
Provides for issuance of Park District Youth Program license plates, at an additional initial charge of $40 and an additional renewal charge of $27. Provides that $15 of the additional initial charge and $2 of the renewal charge shall go to the Secretary of State Special License Plate Fund. Provides that $25 of the initial and renewal charges shall be deposited into the Park District Youth Program Fund. Creates the Park District Youth Program Fund as a special fund in the State Treasury. Provides that all moneys in the Park District Youth Program Fund shall be paid as grants to the Illinois Association of Park Districts, a not-for-profit corporation, for grants to Illinois park districts and recreation agencies providing innovative after-school programming for Illinois youth. 3/20/01 Passed out of the House with a vote of 104-7. Last Action: Referred to Senate Rules Committee.

Property Tax Code
SB 450 (Peterson, W.)
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. Last Action: 5/3/01 Referred to House Rules Committee.

Taxpayer Refunds
SB 206 (Roskam-O'Malley)
Amends the Property Tax Code with respect to tax objections. Provides that if, as a result of an objection filed 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 overpaid 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. Last Action: 4/6/01 Held on third reading in the Senate pending hearings during the summer of 2001.

Real Estate
SB 915 (Shadid)
Provides that any park district owning and holding real estate is authorized to give, sell, or lease that property to the State, with State to consent, for public use; if such transactions occur, the conveyance must provide that ownership reverts to the park district if the grantee knowingly allows the property to be used for other purposes. Passed out of the Senate on 3/8/01 with a vote of 56-0-0. Last Action: 4/26/01 Held on House Calendar Second Reading.

SRAs
SB 755 (Parker, K.)
Amends Park District and Municipal Codes; authorizes joint buying of real estate by gift, legacy, grant, or purchase for recreational programs for the handicapped by two or more park districts, or in counties under 300,000 people, by a park district and other local government. Last Action: 5/8/01 Placed on House Calendar - Short debate.


MUSEUM GRANTS

Governor George H. Ryan announced $10 million in capital grants to 39 public museums to assist in developing new exhibits and improving museum facilities.

Museums that are operated by or located on land owned by a unit of local government, have at least one paid professional staff person, and have been open to the public for two years are eligible to apply. State grant funds reimburse up to one-third of the cost of capital improvement projects, with the museums providing the balance of the funding through local or private support.

Ryan also announced $4.8 million in operating grants to 85 museums to enhance their education programs. Both programs are administered by the Department of Natural Resources. For more information, contact the Illinois State Museum Grants Program office at 217.782.5992, or visit the Illinois State Museum Web site at http://www.museum.state.il.us/programs/musgrants/mgrants.html.

Adler Planetarium
(Chicago) $700,000 Renovation of original Sky Theater, and the new StarRider Theater, an interactive virtual reality experience.

Art Institute of Chicago
(Chicago) $835,000 Project includes redesign of the Michigan Avenue lobby; expansion of the museum's prints and drawings department; and renovation of Fullerton Hall.

Brookfield Zoo
(Brookfield) $835,000 Explore! A Child's Nature Phase II - This phase includes interior exhibit work, landscaping, interpretive signs, perimeter fencing, a new ticketing system, building electricity and fire detection systems.

Burpee Museum of Natural History
(Rockford) $195,000 The geology exhibit will use state-of-the-art DVD presentations. Also being funded is a biology exhibit featuring three ecosystem dioramas.

Chicago Botanic Garden
(Glencoe) $835,000 Evening Island Phase II - Development

May/June 2001 | 13


STATEHOUSE INSIDER

includes construction of paths, stairs, walls, a plaza and related landscaping.

Chicago Children's Museum
(Chicago) $170,870 Safety Neighborhood Exhibit - New exhibit is designed to suggest the appearance of a house and backyard featuring safety messages and related activities.

Children's Discovery Museum
(Bloomington) $70,000 This project begins construction of a new museum building.

Children's Museum of Illinois
(Decatur) $5,660 Funding allows for enhancement of five current exhibits and the rebuilding of one exhibit currently in storage.

Cosley Zoo
(Wheaton) $75,000 The project will provide for new signs for interpretive, identification, directional, regulation and donor recognition within the zoo complex.

Crystal Lake Park District Nature Center
(Crystal Lake) $11,000 Renovation includes roof replacement, installation of carpeting.

Discovery Center Museum
(Rockford) $71,000 Project funds will be used for renovation of a 2,500-sqare-foot gallery.

DuPage County Historical Museum
(Wheaton) $89,500 Grant funds will be used for the replacement of the existing deteriorating asphalt roof.

Ellwood House Museum
(DeKalb) $40,000 This project includes restoration of a 700-ft. cast iron fence and additional design services for all project components.

Field Museum
(Chicago) $835,000 Phase II - Infrastructure improvements.

Klehm Arboretum
(Rockford) $35,000 Phase I - Improvements to the Children's Garden.

Lakeview Museum of Arts and Sciences
(Peoria) $7,300 Expansion and improvements to the museum's hands-on learning area.

Lincoln Memorial Garden and Nature Center
(Springfield) $85,000 Project includes enlargement of the exhibit room.

Lincoln Park Zoo
(Chicago) $835,000 The renovation project includes architectural, structural, mechanical, and plumbing work to allow later installation of exhibits.

Little White School Museum
(Oswego) $7,460 The project includes installation of a wheelchair lift.

Museum of Science and Industry
(Chicago) $835,000 This funding will provide the detailed design and construction planning for permanent enclosure of the U-505 German WWII U-Boat.

Naper Settlement
(Naperville) $200,000 This project involves replacement of the slate roof, restoration of the home's three porches.

River Trail Nature Center
(Northbrook) $62,500 A 3,000-square-foot addition to the existing small public space at the nature center will house an open classroom/activity space.

Riverfront Museum Park
(Rockford) $100,000 The project involves modifications to the museum's climate control.

Scovill Zoo
(Decatur) $83,000 This project is part of a multicomponent plan designed to expand the zoo by presenting animals in their natural setting and providing more spacious exhibits.

Shedd Aquarium
(Chicago) $835,000 The funding is for a new south wing to house a 250,000-gallon tank that will be home to 17 species of sharks.

Skokie Heritage Museum
(Skokie) $75,000 Construction of a 1,500-square-foot two-story frame structure to be used as an archival storage unit.

Stephenson County Historical Museum
(Freeport) $8,290 Farm and Industrial Museum Improvement Project.

Tinker Swiss Cottage Museum
(Rockford) $58,000 The project includes the interior finishing of the first and second floors for use as classrooms.

Walter E Heller Nature Center
(Batavia) $24,600 The project adds new environmental education elements to the center's existing school and public programs.

Wilmette Historical Museum (Wilmette)
$75,000 The project will provide additional display space, a meeting room for educational programs.


Operating Grants

• Adler Planetarium
(Chicago) $121,796

• Anita Purves Nature Center
(Urbana) $9,640

• Arlington Heights Historical Museum
(Arlington Heights) $9,640

• Art Institute of Chicago
(Chicago) $482,000

• Bloomingdale Park District Museum
(Bloomingdale) $9,640

• Brookfield Zoo
(Brookfield) $482,000

• Burpee Museum of Natural History
(Rockford) $11,315

• Cabin Nature Center
(Wood Dale) $9,640

• Chicago Botanic Garden
(Glencoe) $277,730

• Chicago Children's Museum
(Chicago) $86,097

• Children's Discovery Museum
(Bloomington) $9,640

• Children's Museum of Illinois
(Decatur) $9,640

• Cosley Zoo
(Wheaton) $9,640

• Crystal Lake Park District Nature Center
(Crystal Lake) $9,640

• Discovery Center Museum
(Rockford) $10,730

• DuPage Children's Museum
(Naperville) $14,467

• DuPage County Historical Museum
(Wheaton) $9,640

• Durant House Museum
(St. Charles) $9,640

• Ellwood House
Museum (DeKalb) $9,640

Elmhurst Historical Museum
(Elmhurst) $9,640

• Field Museum
(Chicago) $482,000

• Flagg Creek Museum
(Burr Ridge) $9,640

• Freeport Arts Center
(Freeport) $9,640

• Glen Oak Zoo
(Peoria) $9,640

• The Grove
(Glenview) $9,640

• Klehm Arboretum
(Rockford) $9,640

• Kohl Children's Museum
(Wilmette) $29,458

• Lake County Discovery Museum
(Wauconda) $9,640

• Lakeview Museum of Arts and Sciences
(Peoria) $16,823

• Lincoln Memorial Garden and Nature Center
(Springfield) $9,640

• Lincoln Park Zoo
(Chicago) $262,698

• Lincoln's New Salem
(Petersburg) $18,031

• Morton Arboretum
(Lisle) $139,836

• Morton Grove Historical Museum
(Morton Grove) $9,640

• Mount Prospect Historical Society
(Mount Prospect) $9,640

• Museum of Science and Industry
(Chicago) $482,000

• Naper Settlement
(Naperville) $22,166

• Oak Park Conservatory
(Oak Park) $9,640

• Peck Farm Park
(Geneva) $9,640

• River Trail Nature Center
(Northbrook) $9,640

• Rockford Art Museum
(Rockford) $11,521

• Spring Valley Nature Sanctuary
(Schaumburg) $9,640

• Walter E Heller Nature Center
(Batavia) $9,640

14 | Illinois Parks and Recreation


ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

April 3, 2001 Referendum Results

Below is a report of select referenda (those affecting park districts and forest preserves) submitted to the voters
for the General Election held April 3, 2001. The data was obtained from election authorities and jurisdictional canvassing board abstracts.

Type #Proposals Pass/Fail
Taxes 125 54/71
Bonds 72 47/25
Miscellaneous 59 27/32
Advisory 38 13/25
Type #Proposals Pass/Fail
School 89 48/41
County 13 9/4
Township/Road 43 6/37
City/Village/Town 76 45/31
Park District Issues 29 6/23
Miscellaneous 73 33/40
Bonds (School) 49 35/14

Park and Forest Preserve District Referenda Results
COUNTY DISTRICT TYPE DESCRIPTION PASS/FAIL VOTES YES/NO
Cook/Lake Buffalo Grove PD Taxes Shall the Buffalo Grove PD be authorized to levy and collect an additional tax of .19% for the purpose of recreational programs Failed 2,856/3,853
DuPage Burr Ridge PD Taxes Shall the Burr Ridge PD be authorized to levy and collect an additional tax of .17% for the purpose of recreational programs Failed 553/670
DuPage Carol Stream PD Taxes Shall the Carol Stream PD be authorized to levy and collect an additional tax of not to exceed .075% for all corporate purposes Failed 1633/2118
McHenry Crystal Lake PD Taxes Shall the Crystal Lake PD be authorized to levy and collect an additional tax of .05% for the purpose of recreational programs Failed 3,155/4,304
Kane/Cook Dundee Township PD Bonds Shall bonds or notes of the Dundee Township PD to the amount of Fourteen Million Dollars ($14,000,000) be issued for the purpose of paying costs of construction of a new adult/senior activity center, construction of a new receation center and necessary site work at Randall Oaks Park, and improvements to the indoor swimming pool at the existing Recreation Center in and for said park district? Failed 3,037/3,419
Ogle Flagg-Rochelle PD Taxes n/a n/a n/a
Lake Grayslake PD Bonds Shall bonds of the Grayslake Community PD to the amount of Nine Million Dollars ($9,000,000) be issued for the purpose of purchasing land for open space and recreation purposes, improving the land, developing, constructing and equipping a family recreation and fitness center, and playing the expenses incident thereto? Failed 1781/2686
Lake Huntley PD Taxes Shall the Huntley PD in order to provide a retirement fund for eligible employees be authorized and empowered to levy and collect an additional tax of .03% of the equalized assessed value of said district for the purpose of the payment of the district's cost for participation in the Illinois Municipal Retirement Fund Failed 1200/1600
Cook Justice PD Taxes Shall the Justice PD be authorized to lew and collect an additional tax of .15% for the purpose of recreational programs Failed 154/434

- continued on page 16 -

May/June 2001 | 15


STATEHOUSE INSIDER

Park and Forest Preserve District Referenda Results
COUNTY DISTRICT TYPE DESCRIPTION PASS/FAIL VOTES YES/NO
Cook Maywood PD Misc Shall the corporate authorities of the Village of Maywood consider adopting a resolution to support dissolution of the Maywood Park District PASSED 815/629
McHenry McHenry County Conservation District Bonds Shall the McHenry County Conservation District acquire and improve land in order to preserve groundwater recharge areas to protect clean water supply; preserve open space in order to limit sprawl; protect wooded areas, prairies, wetlands, and streams as natural areas and wildlife habitats; enhance flood control; and provide recreational opportunities such as trails, fishing, bird watching, and camping; and issue general obligation bonds in an amount not to exceed $68,500,000 for paying the costs thereof? PASSED 20,464/19,089
Kendall Oswegoland PD Taxes Shall the Oswegoland PD be authorized to levy and collect an additional tax of not to exceed .25% for all corporate purposes Failed 1,974/2,174
Cook River Forest PD Bonds Shall the bonds of the River Forest PD to the amount of, One Million Eight Hundred Thousand Dollars ($1,800,000) be issued for the purpose of purchasing and improving land for District parks and facilities? Failed 1,027/668
Cook River Forest PD Taxes Shall the River Forest PD be authorized to levy and collect an additional tax not to exceed .07% for all corporate purposes Failed 855/820
DuPage Roselle PD Taxes Shall the Roselle PD be authorized to levy and collect an additional tax of not to exceed 0.188% for all corporate purposes, including maintenance of facilities and open space and rebuilding the pool Failed 1,068/1,336
Madison Tri-Township PD Taxes Shall the Tri-Township PD be authorized to levy and collect an additional tax of not to exceed .25% for the purpose of recreational programs Failed 376/3787
Monroe Waterloo PD Taxes n/a n/a n/a
Lake Wauconda PD Bonds Shall the bonds of the Wauconda PD to the amount of Four Million Five Hundred Thousand Dollars ($4,500,000) be issued for the purpose of improving the site of and constructing and equipping a Family Aquatic Center, and paying the expenses incident thereto? PASSED 801/1,592
DuPage West Chicago PD Taxes Shall the West Chicago PD be authorized to levy and collect an additional tax of not to exceed .025% for all corporate purposes Failed 1,171/2,836
Cook Winnetka PD Bonds Shall bonds of the Winnetka PD in the amount of Nine Million Eight Hundred Thousand Dollars ($9,800,000) be issued for the purpose of constructing, furnishing and equipping a recreation center including offices and an indoor pool, on property located at Oak Street and Hibbard Road in the Village of Winnetka commonly known as Skokie Playfield? Failed 1,551/1,827
Cook Winnetka PD Bonds Shall bonds of the Winnetka PD to the amount of Six Million One Hundred Thousand Dollars ($6,100,000) be issued for the purposes of constructing, furnishing and equipping an outdoor swimming pool on property located off Willow Road and commonly known as Duke Childs Field, and constructing, furnishing and equipping offices on property located at Oak Street and Hibbard Road, commonly known as Skokie Playfield, all in the Village of Winnetka? Failed 2,088/2,232


16 | Illinois Parks and Recreation


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