STATEHOUSE INSIDER

General Assembly Moving Rapidly on Issues

Peter M. Murphy IAPD General Counsel

This year, the Illinois General Assembly has introduced more than 5,400 new pieces of legislation with more than 1,750 coming from the Senate and more than 3,660 coming from the House. These measures cover the spectrum of issues important to those who live in Illinois. Of particular interest to park districts, forest preserves, conservation and recreation agencies are those measures that assist or hinder the operation of local government. There are a myriad of amendments suggested to the Freedom of Information Act, the Prevailing Wage Act and the Open Meetings Act. The Recreation Land Use Act has a number of suggestions for change, the most viable of which is Senate Bill 333 introduced by Senator John Cullerton. As many of you recall, two years ago the General Assembly extended recreation land use protection to those who invited persons on their property to hunt or shoot recreationally. At that time, the core protections were eliminated by that legislation. Efforts to return the recreational land use to the status it had for more than 30 years are contained within Senate Bill 333.

Exciting measures involving the Real Estate Transfer Tax have been introduced by Senator Iris Martinez as Senate Bill 445 and Representative Art Turner as House Bill 728. The Illinois Association of Park Districts, working in conjunction with environmental groups and the Affordable Housing Coalition, is seeking an increase in the Real Estate Transfer Tax to better assist local agencies with their land acquisition and development needs.

Many bills of interest to you are listed below. However, the entire list of bills that have the potential to affect your operation are listed on the IAPD Web site at ILparks.org under the Public Policy section. This is an interactive site that allows you to find the latest action on bills of interest to your agency. If at any time you have a question with regard to pending legislation, please call me at the IAPD offices at 217-523-4554.

I would encourage all readers to become actively involved in the legislative process this session. The odd numbered year of a biennial General Assembly is always the most active, and many issues that are important to your agency will be considered this spring. Your involvement and your communication with legislators on the importance of these issues to your agency are essential if we are to be successful at the State Capitol.

Bill Watch

Here are a few of the bills that those concerned with parks, recreation and conservation should monitor as the session continues.

Governmental Audit Act

House Bill 1269, introduced by Representative Bob Rita, provides that governmental units may levy an auditing tax in an amount that is sufficient to pay the expenses associated with required audits.

Recreational Use of Land and Water

Senate Bill 333, sponsored by Senator John Cullerton, extends

the act's current definition of the term "recreational or conservation purpose" to include "any activity undertaken for conservation, resource management, exercise, education, relaxation, or pleasure on land made available to the general public for one or more of the foregoing activities" (the foregoing activities being hunting and shooting)._

Park and Museum Levies

House Bill 117, introduced by Representative David Winters, is a measure to amend the Park District Aquarium and Museum Act. Currently, a resolution to levy and collect a tax for the maintenance of aquariums and museums in excess of 0.03 percent but not to exceed 0.07 percent of the value of taxable property in the district must be published. The bill would set the upper limit of the levy to 0.15 percent of the value of taxable property in the district.

Open Meetings Act

House Bill 183, sponsored by Representative Joe Dunn, is a measure to amend the Open Meetings Act to include "vacation" to the list of reasons why a public body, required to have a quorum physically present at its meeting, may permit a member in excess of the quorum to attend by means other than physical presence. However, a vacationing member who attends a meeting by electronic means would not be eligible to receive pay or compensation based on that virtual attendance.

In the senate, a measure introduced by Senator Randy Hultgren would further amend the act. Senate Bill 420 provides that the e-mail distribution of materials for the individual use of a public body's members is not a violation of the act.

Truth in Taxation

House Bill 423, introduced by Representative Roger Eddy, seeks an amendment to the Truth in Taxation Law. The bill makes changes concerning the requisite notice to be published for a public hearing to approve a proposed property tax increase. The measure provides that for corporate and special purpose property taxes the notice shall set forth the proposed estimated corporate and special purpose property taxes to be levied for the current year and provides that the dollar amount supplied in the notice is estimated and the percentage increase or decrease over the previous year is an estimated percentage. Currently, the notice needs to set forth only the "proposed" corporate and special purpose property taxes, rather than the "proposed estimated" taxes as this bill calls for.

Working with Contractors Subject to the Prevailing Wage Act

House Bill 453, introduced by Representative Lou Lang, deletes the provision in the Prevailing Wage Act that requires contractors and subcontractors participating on public works to make and keep records of the starting and ending times of work each day of all laborers, mechanics and other workers employed by them on the public works projects.

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Legal Settlements and the Freedom of Information Act

House Bill 511, sponsored by Representative Kevin Joyce, seeks to change the Freedom of Information Act's definition of a public record to include a settlement agreement entered into, by or on behalf of a public body.

Minimum Wage

House Bill 542, as introduced by Representative Cynthia Soto, would delete the language in the Minimum Wage Law that allows employers to pay an employee under age 18 up to 500 less an hour than the wage required to be paid to employees who are 18 or older.

Pre-qualification of Architects, Engineers and Surveyors

House Bill 553, sponsored by Representative Joe Dunn, seeks an amendment to the Park District Code to provide that districts shall pre-qualify firms seeking to provide architectural, engineering and land surveying services. This bill will be amended to allow districts to reject certain bidders.

Real Estate Transfer Taxes and Affordable Housing

A measure sponsored by Representative Arthur Turner seeks to amend the Real Estate Transfer Tax Law in the Property Tax Code. Real estate transfer taxes are a source of funding for the Open Lands Acquisition and Development (OSLAD) grants. House Bill 728 makes changes to the amount of the tax imposed based upon the amount set forth in the transfer declaration. The bill also seeks to amend the Illinois Affordable Housing Act to require that 20 percent of the moneys appropriated to the Affordable Housing Program Trust Fund be used to pay costs of crediting or preserving permanent supportive housing.

Similar legislation, in the form of Senate Bill 445, was introduced in the Senate by Senator Iris Martnez.

Military Service and IMRF Pensions

House Bill 804, introduced by Representative John McGuire, is a measure to amend the Illinois Municipal Retirement Fund Article of the Illinois Pension Code by increasing the amount of creditable service a participating employee may be granted for service in the armed forces of the United States from 24 months to 48 months.

Grants for Purchasing AEDs

House Bill 1058, sponsored by Representative Daniel Burke, seeks to amend the law that gives the Department of Public Health the power to make matching grants from the Heartsaver Automatic External Defibrillator Fund to (i) any school, college, or university (instead of any public school, college, or university); (ii) any public park district; or (iii) any municipal recreation department, to assist in the purchase of an automated external defibrillator.

Forest Preserve Real Estate Transfers

House Bill 1104, sponsored by Representative Patricia Reid Lindner, is an amendment to the Downstate Forest Preserve District Act that provides that any district lands incorporated into a municipality organized after January 1, 2007 shall be deemed to be disconnected from the municipality unless the district gives express consent within 90 days after a court order declaring the municipality to be incorporated.

OSLAD Appropriation

House Bill 1240, introduced by Representative Sandy Cole, appropriates $10,000,000 to the Department of Natural Resources to make grants under the Open Space Lands Acquisition and Development Act.

Great Lakes Water Protection

Senate Bill 50, sponsored Senator John Cullerton seeks to create the Great Lakes-St. Lawrence River Basin Water Resources Compact Act. The compact is an agreement between the states of Illinois, Indiana,

Michigan, Minnesota, New York, Ohio and Pennsylvania to form a council to protect and conserve water and water-dependent resources and to promote positive interstate and state-provincial relations.

Ethics and Public Education Concerning Ballot Questions

Senate Bill 227, sponsored by Senator Pamela Althoff, seeks amendments to the State Officials and Employees Ethics Act and the Election Code. The measure provides that communication to the public by the corporate authorities of a unit of local government or school district explaining a decision to place a public question on the ballot or explaining support of or opposition to a public question does not constitute a prohibited political activity or election interference. The measure further requires that the corporate authorities communicate specifically how the referendum will directly affect residents' health, safety or welfare or the unit's or district's government or affairs.

Extension for the Local Government Consolidation Commission Senate Bill 255, sponsored by Senator Pamela Althoff, seeks to amend the Local Government Consolidation Commission Act to allow the commission to render its final report to the General Assembly no later than December 31, 2007, instead of December 31, 2006.

Follow the Action on the Web

To follow the action on these and the many other bills that the IAPD is tracking this legislative session, check the lAPD's Web site at www.ILparks.org

Click the "Public Policy" option in the column on the right of the home page. On the Public Policy page, you will have the option of choosing "Priority Bills," which is lAPD's listing of bills that have the potential of having a direct impact on your agency, or you may choose "Complete Bill Review," which will take you to a page giving you step-by-step instructions on how to view all bills IAPD is tracking. On this list, you will find a one-line synopsis of each bill and its last action. You can modify this report by clicking on "Report Options" at the top left-hand column and expanding the description of each bill. You can read the full text of any bill and review all action taken on a bill.

Make Your Voice Heard in Springfield May 1-2

Policymakers listen. But they won't get your message if you fail to deliver it. That's why you should plan to attend this year's IAPD Legislative Reception on May 1, as well as lAPD's Legislative Conference on May 2.

The legislative reception takes place from 6:00 to 8:00 p.m. at Springfield's lllini Country Club. This well attended event is a great opportunity to mingle with your legislators in an elegant, but informal setting.

The 29th annual IAPD Legislative Conference kicks off on the morning of May 2nd at the Hilton Hotel in Springfield. Please come to learn the latest about the opportunities and threats that face the parks, recreation and conservation movement in the current session of the legislature and find out what you can do to promote our legislative agenda.

You can register for these events on line at www.ILparks.org. Scroll down the home page and find the link to the legislative conference. At the registration page, you will also find information about hotel reservations.

Parks Day at the Capitol is May 1, before the Legislative Reception. Your agency's display in the Capitol Rotunda reminds lawmakers, legislative staff and Capitol visitors how your agency adds to the quality and economic vitality of your community. To participate in Parks Day at the Capitol, contact IAPD Public Relations Manager Bobbie Jo Hill at the IAPD office at 217-523-4554 or bjhill@ILparks.org before April 5.

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