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STATEHOUSE  I N S I D E R
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE


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The Illinois General Assembly is off and running with more than 3,000 new bill introductions taking place. At last count, more than 6,300 House Bills and 2,945 Senate Bills had been introduced during the 95th General Assembly.

Since this is an even-numbered year, the General Assembly will hear only those matters that relate to the appropriation and finance of state government and those matters considered to be of an emergency nature. This latter category of bills falls within the control of the Rules Committees of both the House and Senate.

The Illinois General Assembly is on a fast pace to meet its deadline for the passage of substantive bills out of committee (March 14). It has scheduled its Easter break from March 17 to 28 and will return on April 1, when it will then begin working five days a week through the scheduled adjournment date of May 29.

Bill Watch

A number of bills of interest to park districts, forest preserves, conservation districts and recreation agencies have been introduced. Brief synopses of some of those bills of interest follow.

Prohibition on Aluminum Bats for Pre-Teen Ball

House Bill 4140, sponsored by Representative Robert Molaro, seeks to amend the Wrongs to Children Act. The measure provides that it is unlawful for any coach, parent, teacher or other person to knowingly allow the use of an aluminum bat during a recreational baseball or Softball game in which a person under the age of 13 is a participant.

Municipal Pension Fund Death Benefit Increase

House Bill 4261, sponsored by Representative Raymond Poe, is an amendment to the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code that would increase the death benefit from $3,000 to $5,000.

Open Land Trust Funding

House Bill 4281, sponsored by Representative Sandy Cole, seeks to appropriate $40,000,000 from the Capital Development Fund to the Department of Natural Resources for the acquisition, protection and preservation of open space and natural lands through the Open Land Trust Program.

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Speaker Madigan proposes regular hearings on fiscal year 2009 budget priorities.
See the public policy section of the IAPD Web site.

Tax Credit for Children's Participation in Fitness Programs

House Bill 4408 is a measure sponsored by Representative Elizabeth Coulson that would amend the Illinois Income Tax Act. The bill creates a tax credit, for taxable years ending on or after December 31, 2008 and on or before December 30, 2013, for individual taxpayers who, during the taxable year, pay costs for an eligible child to enroll in a qualified physical fitness program.

Park Police

Park police would be eligible for the sheriff's law enforcement employee formula under House Bill 4488 sponsored by Representative Jim Sacia.

Governor proposes to slash fiscal year 2009 OSLAD appropriation 41 percent from $34,000,000 in fiscal year to $20,000,000.
See the public policy section of the IAPD Web site.



10   I l l i n o i s   P a r k s   &   R e c r e a t i o n     www.ILipra.org


Safe Routes to School

Representative Elaine Nekritz is the sponsor of House Bill 4757, which seeks to create the Transportation Enhancements and Safe Routes to School Transparency Act. The bill establishes secretary of transportation-appointed grant review committees to evaluate, score and rank all applications for funding under the federal Transportation Enhancements Program and the Safe Routes to School Program.

Proposed Amendment to the Prompt Payment Act

House Bill 4794, sponsored by Representative Timothy Schmitz, would amend the Local Government Prompt Payment Act to make it unlawful to withhold more than five percent retainage from payments earned by contractors and subcontractors for goods and services.

Mandatory Paid Sick Leave

Representative Julie Hamos is the sponsor of House Bill 5320, which seeks to create the Healthy Workplace Act. The Act would require an employer to provide an employee up to seven sick days with pay during each 12-month period.

Amending the Recreational Use of Land and Water Act

House Bill 5519, sponsored by Representative John Fritchey, seeks to amend the Recreational Use of Land and Water Areas Act by clarifying or changing its terms. The measure provides that the purpose of the Act is to make "land and water areas available" (instead of "available to any individuals or members of the public") for recreational or conservation purposes by limiting liability to others. The measure also provides that the definition of land does not include residential buildings (instead of the "residential buildings or residential property" language that currently appears in the Act). Under the bill, "recreational or conservation purpose" means: (1) entry by individuals or members of the public (instead of the current language, "entry") onto the land of another for hunting, recreational shooting, a related activity, or (2) entry by the general public onto the land of another for conservation, resource management, exercise or educational purposes (instead of the current "hunting, recreational shooting, or related activities").

Increasing the Debt Service Extension Base Under PTELL

House Bill 5724, sponsored by Representative Elaine Nekritz, seeks to amend the Property Tax Extension Limitation Law in the Property Tax Code to require that the debt service extension base be increased each year by the percentage increase, for the previous calendar year, of the Consumer Price Index.

Sales and Leasing Rights for the Chicago Park District

Senator Don Harmon is the sponsor of Senate Bill 2788, a measure amending the Chicago Park District Act to allow the Chicago Park District to sell, lease or otherwise convey all or any portion of district-owned property that is used solely and exclusively as office or administrative space.

Follow the Action on the Web

For more information on the status of the preceding bills and all others of importance, please see the Public Policy section of the IAPD Web site at ILparks.org.

Illinois Department of Revenue History of CPIs Used for the PTELL

Year

December
CPI-U

% Change From
Previous December

% Use for PTELL

Levy Year

Year
Taxes Paid

1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007

126.1
133.8
137.9
141.9
145.8
149.7
153.5
158.6
161.3
163.9
168.3
174.0
176.7
180.9
184.3
190.3
196.8
201.8
210.036


6.1
3.1
2.9
2.7
2.7
2.5
3.3
1.7
1.6
2.7
3.4
1.6
2.4
1.9
3.3
3.4
2.5
4.08


5.0 (5% Max)
3.1
2.9
2.7 (5% for Cook)
2.7
2.5
3.3
1.7
1.6
2.7
3.4
1.6
2.4
1.9
3.3
3.4
2.5
4.1


1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008


1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009



Consumer Price Index Based Extension Limit for 2008 Increases to 4.1 Percent

The IAPD has received many inquiries regarding what Consumer Price Index (CPI) "cost of living," or inflation, percentage to use in computing the 2008 extensions (taxes payable in 2009) under PTELL.

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." This 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"(emphasis added).

For 2008 extensions (taxes payable in 2009), the CPI to be used for computing the extension limitation is 4.1 percent. The CPI is measured from December 2006 to December 2007. The U.S. City Average CPI for December 2006 was 201.8 and was 210.036 for December 2007. The CPI change is calculated by subtracting the 2006 CPI of 201.8 from the 2007 CPf of 210.036. That amount, 8.236, is then divided by the 2006 CPi of 201.8, which results in 4.08 percent, which is rounded to a 4.1 percent CPI.

Information on PTELL may be accessed through the Illinois Department of Revenue's Web site at www.tax.illinois.gov under the category of "Local Government," then the option "Property Tax Extension Limitation Law (PTELL)."



www.ILparks.org    M a r c h  /  A p r i l  2008   11


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