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

Peter M. Murphy IAPD General Counsel

OSLAD Success

Since the last issue of IP&R, the big story is the release of the OSLAD grants, which took place on April 25.

Many agencies waited in anticipation and were anxious to begin projects for which they had an OSLAD grant submitted. The rules governing OSLAD grants provide that agencies that begin their projects and award bids prior to the award of the OSLAD grant lose the opportunity to receive funds from the state. The forced delays caused great problems for many park districts, forest preserves and conservation agencies that had been expecting an announcement earlier this year.

Agencies that presented grant proposals before the Natural Resources Advisory Board represented 85 projects totaling $30,190,750. The Illinois General Assembly fiscal year 2008 appropriation for OSLAD was $34,000,000. And the April 25 release of funds went toward 71 projects and totaled $25,164,050. That means that, as of press time, slightly less than $9,000,000 of the appropriation has gone unawarded.

An analysis based on an April 25 Illinois Department of Natural Resources news release reveals that the amount awarded for park district projects totaled $11,358,300 and represented 33 projects. The amount awarded for forest preserve district projects totaled $3,098,200 and represented seven projects. The amount awarded for cities and villages totaled $8,807,550 and represented more than 28 projects.

Of those agencies that made presentations to the Natural Resources Advisory Board, nine park districts, one conservation district, one forest preserve district, two cities and villages and one township did not receive funding to date.

Projects funded through the Open Space Lands Acquisition and Development (OSLAD) program facilitated through IDNR include 22 development projects for facilities that promote environmental and wetland studies, 19 projects that will provide initial recreation development of park sites for their communities, seven development projects that will include water play features, 31 development projects that will provide new playground equipment and 14 projects that will create water-based recreation by constructing access to lakes, rivers or streams.

The work continues in order to make sure the appropriation for fiscal year 2009 matches the revenues that are generated for such purposes by the Real Estate Transfer Tax. The OSLAD program has provided tremendous benefits over the years for Illinois residents and is a solid state grant program that draws strong support from legislators largely because OSLAD monies do not remain in one region but are instead spread throughout the state. In addition, the grants provide project dollars that are matched at least two-to-one locally, representing a sound investment in the state's infrastructure.

The IAPD would like to thank all those senators and representatives who stand in strong support of OSLAD funding. It is truly one of the finest grant programs in the state.

Bill Watch

At press time, several measures affecting park, recreation, conservation and special recreation agencies were before the General Assembly. You can follow these bills by accessing the IAPD's Web site (www.ILparks.org), choosing the "Public Policy" button on the left side of the page and then picking one of the bill review options on the fly out menu.

Transfer of Special Funds

The OSLAD program is a solid state grant program that draws strong support from legislators largely because OSLAD monies do not remain in one region but are instead spread throughout the state.

House Bill 473, sponsored by Representative Richard Bradley, is a measure to take effect if and only if the 95th General Assembly's House Bill 3860 (concerning education funding) and House Bill 315 (concerning scratch off lottery sales) become law. House Bill 473 creates the Funding Accountability and Transparency Act, which provides that, through June 30, 2008, the governor may direct the state comptroller and the state treasurer to transfer moneys from certain special funds into the General Revenue Fund, subject to certain restrictions. As of press time, the measure provides that the governor may not transfer moneys from the Road Fund, the Open Space Lands Acquisition and Development Fund and the Metabolic Screening and Treatment Fund to the General Revenue Fund.

Dropping the Prohibition Against Third Party Lawsuits

With the passage of Illinois' Workers' Compensation Law, the Structural Work Act remained dormant until the 1950s, when an Illinois court decision struck down a provision that prohibited third party lawsuits. From that point, until the Structural Work Act's repeal in 1995, a worker could collect benefits under Workers' Compensation and then sue everyone involved in the project regardless of fault, including owners, suppliers, contractors, subcontractors and designers. House Bill 2094 would restore the Structural Work Act and is an initiative of the Illinois Trial Lawyers Association.

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State and Local Government Restrictions on the Use of Social Security Numbers

House Bill 4219 creates the Identity Protection Act, which prohibits a state or local government agency from using an individual's social security number in certain ways and requires each state or local government agency to develop and implement an identity protection policy.

Young Day Camp Counselors Not Subject to Adult Minimum Wage Rates

House Bill 4583, sponsored by Representative Kathleen Ryg, amends the Minimum Wage Law by introducing language that provides that a day camp counselor is not subject to the adult minimum wage if specified requirements are met (and deletes a phrase that limited the scope of the language to day camps of organized not-for-profit corporations).

Money for Park District Museums

At press time, House Bill 4664, sponsored by Representative David Leitch, had been amended to appropriate $12,000,000 from the Capital Development Fund to the Department of Natural Resources for a grant to the Peoria Riverfront Museum for capital expenses effective July 1, 2008.

House Bill 5861, sponsored by Representative Sandra Pihos, amends Public Act 95-348, "An Act Making Appropriations," to restore a vetoed appropriation to the Department of Natural Resources for contributions to park districts and other entities as provided in the Illinois Horse Racing Act of 1975 and the Park District Aquarium and Museum Act.

Empowering Department of Transportation Grant Review Committees

House Bill 4757 creates the Transportation Enhancements and Safe Routes to School Transparency Act, which establishes grant review committees appointed by the secretary of transportation to evaluate, score and rank all applications for funding under the federal Transportation Enhancements Program and the Safe Routes to School Program. The measure sets forth the grants review process and provides that application evaluation, scoring and ranking decisions of the committees are binding upon the department.

Senate Bill 2311, sponsored by Senator Susan Garrett, similarly creates the Transportation Enhancements and Safe Routes to School Transparency Act.

Construction Contract Payment Retainage Rates

At press time, the House had tabled House Bill 4794 a measure that provides that, for goods or services under a construction contract (instead of "all goods or services furnished under the Local Government Prompt Payment Act"), it is unlawful to withhold more than a five percent retainage from payments earned by contractors and subcontractors. The measure provides that the retainage must be reduced to an amount not to exceed 2.5 percent upon completion of 50 percent of the work under the contract.

Great Lakes Conservation

House Bill 5310, sponsored by Representative Patricia Bellock, amends the Illinois Lake Management Program Act. The bill creates the Task Force on the Conservation and Quality of the Great Lakes for the protection of the water quality and supply of the Great Lakes and sets forth the membership, powers and duties of the Task Force. House amendments to the bill add the executive director of the Illinois International Port District and the mayor of Chicago as task force members and provide that one member of the task force must be a representative of a national alliance organized for the purpose of protecting and preserving the Great Lakes.

Prevailing Wage Act

House Bill 5323 amends the Prevailing Wage Act to provide that the Act applies to the demolition of public works.

Green Government Grants

House Bill 5369 creates the Illinois Energy Efficiency and Conservation Block Grant Act. The measure provides that the Green Governments Coordinating Council, in conjunction with the office of lieutenant governor, shall be the state governmental body responsible for applying for and distributing any and all energy efficiency and conservation grant money pursuant to the federal Energy Independence and Security Act of 2007. The bill sets forth the duties of the Green Governments Coordinating Council with respect to those grant moneys.

Limiting Liability for the Recreational Use of Land

House Bill 5519 amends the Recreational Use of Land and Water Areas Act by providing that the purpose of the Act is to make land and water areas "available" (instead of the "available to any individuals or members of the public" language currently in the Act) for recreational or conservation purposes by limiting liability to others. Under the bill, the definition of land no longer would include residential buildings. The bill provides that recreational or conservation purpose means: (1) entry by individuals or members of the public (instead of "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 "hunting, recreational shooting, or related activities").

Senior Fitness Web Site

House Bill 5950 creates the Eldercise Fitness Website Act. The bill provides that, subject to appropriation, the Department of Public Health and the Department on Aging, in cooperation with the Governor's Council on Physical Fitness, shall create an Internet-based statewide fitness program to educate and involve older citizens and their families in physical activities, as well as stress the importance of proper nutrition.

OSLAD Audit

House Resolution 1192, filed by Representative Karen May, directs the Illinois auditor general to conduct a management audit of the Open Space Lands Acquisition and Development program.

In the Senate, Senate Resolution 654, sponsored by Senator Susan Garrett, also directs the auditor general to conduct a management audit of the OSLAD program and to report his findings and recommendations upon completion.

Increased Liability for Parents

As amended at press time, Senate Bill 1865 amends the Parental Responsibility Law to increase the limitation on damages recoverable under the law from $20,000 to $200,000 only for causes of action occurring on or after the bill's effective date.

Public Construction Bonds

As amended at press time, Senate Bill 1890 sets the contract amounts that trigger a surety bond requirement on public contracts to state projects that exceed $50,000 and local government projects that exceed $5,000.

IMRF Changes

Senate Bill 1957 amends the Illinois Municipal Retirement Fund Article of the Illinois Pension Code to give the annuitant trustee the right to vote on any and all actions before the board of trustees and increases from four to five the number of concurring votes necessary for every decision or action by the board of trustees.

Senate Bill 1959 changes how a supplemental benefit payment is calculated. The bill provides that the amount of the supplemental benefit payment to each eligible person shall be 75 percent of the monthly retirement or surviving spouse annuity payable to that person in June preceding the July 1 supplemental benefit payment date.

Senate Bill 1960 changes the minimum number of years of service an employee must have to be eligible for a retirement annuity from eight to five.

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