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STATEHOUSE INSIDER

ISSUES & INSIGHTS FROM THE L E G A L / L E G I S L AT I V E SCENE



State Budget and Capital Funding Decisions Are Issues for the Legislature's Overtime Session



Peter M. Murphy IAPD General Counsel

As this magazine went to press, the Illinois General Assembly was continuing to struggle with the budget impasse. It appears that party leaders have solidified their positions, which in many instances are diametrically opposed to each other. The Illinois House did pass House Bill 3920, a one-month budget, and the Senate followed suit shortly thereafter. In doing so, the Illinois General Assembly continued to fund state services for the first month of the new fiscal year, which began July 1.

The budget contains full-year amounts for the Open Space Lands Acquisition and Development (OSLAD) program and Natural Areas Acquisition Fund (NAAF), which are the same as the House budget, which was passed on May 31, 2007 including $24 million for OSLAD and $9.5 million for NAAF.

However, pending in the Senate is Senate Bill 182, which'is the budget implementation plan that the House passed on May 31, 2007. The bill contains a $12 million transfer from OSLAD to the Conservation 2000 (C2000) program. A similar transfer was made in fiscal year 2007, which was touted at that time as only a one-year transfer. The association will continue to work to fund C2000 out of the state's general revenue fund receipts rather than out of the real estate transfer tax, which funds the OSLAD program.

Bill Watch

With the exception of the budget and a possible capital budget, all legislation of interest to park districts, forest preserves, conservation and recreation agencies has passed both bodies of the Illinois General Assembly. This includes House Bill 1670, which amends the Open Meetings Act to allow two members of a five-person board to discuss public business without being in violation of the act. This initiative has now moved to the governor's office for approval.

Other legislation that passed both houses this year includes:

--  Defibrillator Grants - House Bill 1058 adds forest preserves and conservation districts as potential recipients of matching grants from the Heart Saver Automatic External Defibrillator fund.

--  Defibrillator Requirements - House Bill 1279, which expands the requirements for having AEDs at outside physical fitness facilities, exempts park districts, forest preserves and conservation districts from the expansion of the act.



At the end of June, the Illinois House approved Senate Joint Resolution 52 calling for $100 million annually in new funding to protect open space.




--  Park Museum Funding - House Bill 117 increases the park district museum tax from .07 percent to .15 percent, subject to referendum

--  Bid Limits - House Bill 553 amends the park district bid limits law so that bidders that do not meet the specifications of the bid documents may be rejected without questions.

"The efforts that our members have made to communicate the benefits of open space have been critical to the strong legislative support and commitment on this issue."

10 Illinois Parks & Recreation www.ILipra.org


The Illinois General Assembly also acted this year to pass the Great Lakes St. Lawrence River Basin Water Resources Compact Act, which is a multi-state compact designed to form a council to protect and conserve water and water dependant resources throughout the Great Lakes system.

iSPACE Open Lands Funding Plan

This year a great deal of advocacy work has been done to seek capital funding for open space through the iSPACE initiative, which could replace a previously authorized program entitled the Open Lands Trust (OLT) (see page 11 of the May/June issue of IP&R). This effort follows up on the suggestions contained in the Illinois State Land Conservation Funding Report, which was released in March and shows the state's poor standing in the protection of open space as compared to states across the nation (see pages 24-28 of the May/June issue of IP&R).

At the end of June, the Illinois House, on a 107-0 vote, approved Senate Joint Resolution 52 calling for $100 million annually in new funding to protect open space as part of any state capital spending plan. The measure was adopted by the Senate May 30th and has now been delivered to Governor Blagojevich and the four legislative leaders, who are negotiating a new state budget.

The IAPD appreciates all the members of the Illinois General Assembly who sponsored and supported the resolution. The efforts that our members have made to communicate the benefits of open space have been critical to the strong legislative support and commitment on this issue.

The resolution's sponsors say it best. State Representative Harry Osterman of Chicago said, "Protecting parks and natural areas for future generations is a critical function of state government, and in recent years we have not had the resources to protect the special places of our state from development." State Senator Jeff Schoenberg, who introduced the resolution in the Senate, said, "Senators on both sides of the aisle, from all parts of Illinois, agree that investing in protected land for the future is a very smart use of public funds. If we don't include open space protection as part of the next capital spending plan, many valuable acres will either get lost to development forever, or become more expensive to taxpayers as land values increase over time."

iSPACE would designate $100 million annually for:

1.) a new statewide land acquisition matching grant program for local governments to protect the state's most precious natural resources and provide recreational opportunities;

2.) implementation of the Partners for Conservation Program (formerly Conservation 2000) through land acquisition and management grants; and

3.) implementation of the Hunting Heritage Protection Act by increasing the amount of land acreage available for hunting opportunities in Illinois.

The need for establishing such a program in Illinois is clear. Illinois ranks dead last in the Midwest in state-owned protected land. Only one percent of Illinois' land is owned by the state and protected for future generations.

The Illinois State Land Conservation Funding Report also documents that funding in Illinois for protecting open land has dropped by roughly 80 percent over the last few years. This decrease in funding is happening at a time when the Illinois Department of Natural Resources estimates a need for $3 billion to protect and maintain Illinois' parks and natural areas.

Follow the Action

For a complete list of other legislation that is impacting your district, please go to the IAPD Web site at www.ILparks.org. The Public Policy section is updated on a weekly basis, and you will be able to track all action by the governor with regard to legislation of interest to you and your agency. Further, if you have any questions, please contact me at the IAPD offices at 217-523-4554.

11 www.ILparks.org July /August 2007


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