STATEHOUSE INSIDER
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

Veto Session to Resolve State's Capital Budget

PETER M. MURPHY IAPD General Counsel

The veto session promises to be an active one this year as the capital spending for the State of Illinois will be determined during this time. Typically, the veto session has been more limited in scope with major issues being deferred until the spring. How this will bode for other initiatives remains to be seen as the General Assembly left a number of significant issues on the table at the rime of adjournment.

Wetlands Legislation sponsored by Representative Karen May of Highland Park and Senator Terry Link of Vernon Hills was held for consideration in the closing hours of the spring legislative session. This bill has been the subject of many hours of negotiations between environmental groups, counties and the Realtors and Homebuilders Associations. At this rime, veto session action seems unlikely.

In addition, legislation covering liability issues for bicyclists using the roadways of local governments is still hanging unresolved.

Legislative Action

Make sure your agency understands the obligations and opportunities associated with laws passed during the last legislative session.

Review of Closed-Session Minutes and Recordings

Open Meetings Act legislation passed this session that clarifies the process for reviewing closed-session action. Prior to the passage of Public Act 93-974, it was unclear whether or not the review of closed-session topics included a review of both the minutes and the actual recording of the closed session. Now, only the minutes need to be reviewed on a semi-annual basis to determine if confidential treatment is still necessary. The eighteen-month period for holding the recordings remains unchanged. Public Act 93-974 also makes it clear that all judicial review of closed-session recording must be in camera.

Sports Officials Protection

Agencies should alert their sports organizations to the passage of House Bill 4120 (Public Act 93-692), which provides, in part, that the court shall impose a minimum fine of $1,000 for a first offense and $2,000 for a second or subsequent offense upon a person convicted of, or placed on supervision for, battery when the individual harmed is a sports official or coach at any level of competition and the act causing harm to the sports official or coach occurred within an athletic facility, or within the immediate vicinity of the athletic facility, at which the sports official or coach was an active participant. According to paragraph 11 of the new law, "sports official" means a person at an athletic contest who enforces the rules of the contest such as an umpire or referee; "athletic facility" means an indoor or outdoor playing field or recreational area where sports activities are conducted; and "coach" means a person recognized as a coach by the sanctioning authority that conducts the sporting event.

The Grassroots Commitment: The Power of Citizen Advocacy

A new DVD entitled The Grassroots legislative Commitment: The Power of Citizen advocacy has been sent to your agency for board training and use with your agency's advisory groups and foundation. Parks and recreation funding can only be protected through a strong united voice. The Power of Citizen Advocacy is chocked full of great ideas for building relationships between members of the General Assembly and your agency.

Legislative Survey

Has your agency completed the Legislative Survey for 2005-2006?

It's not too late to let your voice be heard. For more information contact Peter Murphy, IAPD General Counsel at 217-523-4554.

10 - Illinois Parks and Recreation

Change in CPI for 2004 Extensions (Taxes Payable in 2005)

Section 18-185 of the Property Tax Code defines CPI as "the Consumer Price Index for all urban consumers for all items published by the United States Department of Labor." The index is sometimes referred to as CPI-U. Section 18-185 defines "extension limitation" as "the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year."

For 2004 extensions (taxes payable in 2005), the CPI change is measured from December 2002 to December 2003. The U.S. city average CPI for December 2002 was 180.9 and for December 2003 was 184.3, so the change to be used for computing the extension limitation under Section 18-185 is 1.9%. This percentage change was calculated by subtracting the December 2002 CPI (180.9) from the December 2003 CPI (184.3) and then dividing the result by the December 2002 CPI (180.9).

The Transportation Equity Act Negotiations for the long-anticipated reauthorization of the Transportation Equity Act came in late September, and both chambers of Congress passed an 8-month extension "stopgap" transportation bill. This is the sixth extension of the surface transportation bill since TEA21 expired September 30, 2003, and this extension may push the whole renewal off to the 109' Congress. In the end, the House and Senate conferees could not agree on a comprehensive, six-year reauthorization because they could not solve the donor/donee state issue: That is, the formula for distributing the transportation trust fund revenues back to those states that contribute more gas tax revenues than they receive in benefits. Funding for parks and recreation priorities will at least remain stable during the extension, and key provisions of Section 4(f), the bedrock protections for historic sites, parks, wildlife refuges and waterfowl areas remain unchanged.

Browse Government Resources at The Library of Congress A treasure trove of information on government and the political process can be found at www.loc.gov/rr/news/extgovd.html, including the full text of U.S. government documents, census data, papers of the Presidents, Supreme Court decisions and much more. WatchBlog WatchBlog is a multiple-editor web log broken up into three major political affiliations, each with its own blog: the Democrats, the Republicans and the Third Party (covering everything outside the two major parties). According to the blog's editors: "Politics is confusing. Sometimes it's difficult to know who to believe, who to listen to and who to support. We're here to help." Stay informed at www.watchblog.com.

November/December 2004 - 11