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Legal/Legislative Scene

An Overview of 100th Congress Legislative Issues

by Peter M.Murphy Legal/Legislative Counsel

The 100th Congress adjourned on October 21st. In doing so, they left unresolved many issues affecting park and recreation agencies across the country. The most significant of these was House and Senate action on the American Heritage Trust Act.

Perhaps the best thing that can be said about the congressional inactivity is that it also failed to move forward Senator Ted Kennedy's legislation mandating minimum health benefits for all employees.

The following is a brief synopsis of national legislation affecting park, forest preserve and conservation districts:

Fiscal 1989 Interior Appropriations

H.R. 4867, the measure making fiscal 1989 appropriations for the Department of the Interior and related agencies, was signed by the President on September 27. The bill included $20 million for Land and Water Conservation Fund (LWCF) State Assistance, including $3.3 million for program administration. LWCF grants provide 50/50 matching federal funds to state and local governments for acquisition and development of public recreation areas and facilities. After protracted House/Senate negotiations, fiscal 1989 federal land acquisition spending levels arrived at were: $52.6 million for the National Park Service; $57.5 million for the Fish and Wildlife Service; $64.2 million for the Forest Service and $12.3 million for the Bureau of Land Management.

The Urban Park & Recreation Recovery Program received no funding.

American Heritage Trust Fund Delayed

The American Heritage Trust Fund (H.R. 4127, S. 2199) proposed by Rep. Morris K. Udall (D-AZ) and Sen. John Chaffee (R-RI) would combine existing authorities of the Land and Water Conservation Fund (LSCF), Historic Preservation Fund (HPF) and Urban Park and Recreation Recovery Program into a trust. Initial funds would consist of the $7 billion authorized but unappropriated balance credited to LWCF and HPF accounts. Interest earned from the trust would be used for recreation, conservation and historic preservation acquisition and development purposes. Congress could also appropriate additional amounts to $900 million from LWCF.

On Sept. 22nd, the House Interior Committee filed its report on H.R. 4127, the American Heritage Trust Act, recommending House passage as amended by the committee. This action was a major step toward floor consideration by the House with House co-sponsorship totalling 236.

House passage of H.R. 4127 was expected but late objections from the Interior appropriations committee and full committee chairman forced Rep. Udall to delay until next Congress. No Senate action was taken during 1988. Reintroduction of this important proposal is anticipated for the 101st Congress.

List of Groups Opposing H.B. 4127

American Farm Bureau Federation
American Mining Congress
Association of National Grasslands
Blue Ribbon Coalition, Inc.
Competitive Enterprise Institute
Forest Farmers Association
Independent Petroleum Association of America
Multiple Use Land Alliance
National Association of Manufacturers
National Association of Mining Districts
National Association of Wheat Growers
National Cattlemen's Association
National Corn Growers Association
National Grange
National Innholders Association
National Wool Growers Association
Northwest Forestry Association
Outdoors Unlimited
Public Lands Council
Public Land Users Society
Rocky Mountain Oil and Gas Association
Timber Association of California
United Fresh Fruit and Vegetable Association
U.S. Chamber of Commerce
Western Forest Industries Association
Western Oil and Gas Association
Western States Public Lands Coalition
Wilderness Impact Research Foundation

American Conservation Corps
The American Conservation Corps bill (H.R. 18), introduced by Congressman Udall, would provide conservation jobs to the economically disadvantaged

Illinois Parks and Recreation 22 November/December 1988



LEGAL/LEGISLATIVE SCENE

and other youth. Modeled after the Civilian Conservation Corps of the 1930's, the bill is identical to legislation the Senate passed during the 99th Congress. The bill places a greater emphasis on state and local participation, as well as allowing federal agencies to work with private groups and foundations. Funding authorizations would be capped at $75 million annually for fiscal 1989-91.

H.R.18 was referred jointly to the Interior, and to the Education and Labor committee. Four hearings were held this year in the Education and Labor Subcommittee on Employment Opportunities, most recently on June 17. The Education subcommittee marked-up the bill on October 5. The Interior Subcommittee on National Parks and Public Lands had planned to consider H.R. 18 when reported from Education and Labor but time constraints precluded this.

Minimum Health Benefits Bill

The Minimum Essential Health Benefits for All Workers bill (S. 1265, H.R. 2508) has been introduced by Sen. Edward Kennedy (D-MA). This new legislation would require that employers provide certain health benefits to all employees working over 17 1/2 hours per week. Benefits mandated by the bill include hospital care, diagnostic tests and catastrophic coverage limiting out-of-pocket family costs to $3,000. Deductibles may not exceed $250 and coinsurance paid by the insuree cannotexceed 20 percent.

S. 1265 was reported from the Senate Labor and Human Resources Committee May 25. Two hearings were held: June 24 and November 4, 1987. Senate floor consideration is unlikely due to time constraints. Unlike S. 1265, which was pushed through the Labor committee by Sen. Kennedy, the House Version, H.R. 2508, received scant attention.

1987 Volunteer Protection Act

TheVolunteer Protection Act of 1987 (H.R. 911, S. 929), introduced by Rep. John Porter (R-IL), would encourage states to give volunteers on the job immunity from lawsuits. One percent of state's Social Services Block Grants would be withheld if statutes were not enacted protecting volunteers from liability, except for willful or wanton actions.

While H.R. 911 gathered nearly 250 cosponsors, House Judiciary Chairman Peter Rodino (D-NJ), has refused to hold hearings under pressure of the Association of Trial Lawyers of America.

If you need either additional information or copies of any legislation, contact Peter M.Murphy, Legal/Legislative Counsel, Illinois Association of Park Districts, 211 East Monroe St., Springfield, IL 62701. Phone 217/523-4554.

TIPS FOR
PARK COMMISSIONER CANDIDATES

Amid the challenges and rewards of being a park commissioner, time passes so quickly that it is difficult for many to believe that it is time to run for office again. However, the consolidated election date for 1989 is rapidly approaching.

The following election calendar should keep you apprised of the key deadlines leading up to the April 4th election.

Remember that petitions nominating individuals for terms within their park district must be signed by qualified voters of the park district, equal in number to not less than two percent of the number who voted at the last preceding election for commissioners in your district, but in no case by less than 25 of such voters. (It is a good election strategy to get as many extra signatures as possible, since experience shows that individuals who sign your petition are more likely to vote for you in the upcoming election.)

All individuals who sign the petition must sign as their name appears on their voters registration card. They must also indicate their residence, including street number, city or village and county.

The individual who circulates the voters petition must be a registered voter who resides within the park district. All circulators must sign the affidavit at the bottom of each petition and must have their signature on each page notarized by an Illinois Notary Public.

All candidates must fully complete and execute a statement of candidacy, and the candidate's signature must be notarized. In addition, all candidates must complete a Statement of Economic Interest. A copy of the County Clerk's receipt showing the filing of this statement must accompany the petitions of nomination and the statement of candidacy when they are filed with the park district secretary.

The following Election Calendar lists important dates for the upcoming park district commissioner election to take place on the consolidated election date — April 4, 1989.

Illinois Parks and Recreation 23 November/December 1988


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