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Legal/Legislative Scene Governor signs legislation to increase bid limits
By Peter M. Murphy On Jan. 5, 1988, the Governor signed Public Act 85-993, which increases the bid limit for Illinois park and forest preserve districts from the current level of $4,000 to $10,000. In taking this action, the Governor and the Illinois General Assembly have significantly increased the ability of park and forest preserve districts to serve the public through expedited purchases and reduced costs.
Public Act 85-993 goes into effect on July 1, 1988. Agencies should note that this new limit is permissive and, as a result, boards may set a lower limit for their agency if they feel that it is appropriate. Copies of all legislation discussed in this column are available upon request to the IAPD office. Governor's State/budget messages Governor Thompson, during his State of the State/Budget Message on February 25, proposed a $22.2 billion budget for Fiscal Year 1989. The budget is designed to maintain many State programs at current levels, as well as to pay off some of the obligations underfunded by FY '88 appropriations. Thompson did not base his budget on an income tax increase, although clearly this is something that he will be striving for again during 1988. Under Thompson's budget request, the Illinois Department of Conservation (DOC) will receive $135.5 million in Fiscal Year 1989. This represents $39.6 million in general revenue funds, seven percent more than in FY '88. The budget also includes $3 million in new Build Illinois funds, which represents a substantial reduction from the $14 million the DOC received in Fiscal Year 1987 and the $7 million it received in 1988. Monies for the Open Space Lands Acquisition and Development Act (OSLAD), which provide matching grants to local park, forest preserve and conservation districts, have been drastically slashed to $1 million from the previous levels of $4.0 million in FY '87 and $3 million in FY '88. The Wildlife Habitat Development Program will receive $1 million in Build Illinois funds, which will be earmarked for the acquisition of 940 acres of wildlife habitat. Since its inception in FY '86, this program has provided funding for the acquisition of about 19,000 acres of habitat lands throughout Illinois. Approximately 95 percent of the habitat lands in Illinois are privately owned.
To date, conservation acquisition of some 6,300 of natural acres has been funded by Build Illinois. The budget also includes $500,000 in new money for an addition of four natural area sites totalling 477 acres. Conservation's natural areas program also contains $500,000 in Build Illinois money for payment into the Natural Heritage Endowment Trust Fund. The department's capital budget funded from dedicated resources other than general revenue funds will provide $17 million in new funding to continue rehabilitation, upgrading and stewardship of State-owned facilities. The DOC currently manages approximately 300 parks and conservation areas totalling 360,000 acres. Illinois Parks and Recreation 20 March/April 1988 Legislative Conference This year's Legislative Conference is scheduled for April 20, and promises members a day filled with the most recent information on legislation of concern to Illinois park, forest preserve and conservation districts. Among the participants in this year's Legislative Conference are Attorney General Neil Hartigan and the Department of Conservation's Director, Mark Frech. Capital funding for park acquisition and development projects will be a key focus of this important conference. As members of the IAPD and IPRA recently discovered in Washington, the federal commitment to such funding is waning. As a result, Illinois park, forest preserve and conservation districts will need to redouble their efforts in order to isolate a dedicated source for funding the Open Space Lands Acquisition and Development Act (OSLAD). LAWCON funding reduced On Feb. 4, 1988, Secretary of the Interior, Donald Hodel, announced the appropriation of only $16.5 million from the Land and Water Conservation Fund (LAW-CON) for assistance to the 50 states, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Marianna Islands and the District of Columbia for FY 1988. The level of funding for FY 1988 makes a mockery out of the worthy purposes LAWCON was created for initially. Illinois will receive only $658,056 during FY 1988. The major share of the Land and Water Conservation Fund is derived from revenues produced by the outer continental shelf oil and gas leasing. These leases are estimated to have brought in $2.74 billion during FY 1988. The Land and Water Conservation Fund, administered by the National Park Service, provides matching grants on a 50/50 basis to state and local units of government for the acquisition and development of public outdoor recreation areas and facilities. National legislation The leadership of the IAPD/IPRA attended the Midyear Meeting of the National Recreation and Park Association on February 19 through 23. In doing so, they were dismayed to find that President Reagan's fiscal 1989 budget request again suggested no funds for Land and Water Conservation Fund State assistance. The President also requested no appropriation, and a $1.133 million recision, for the Urban Park and Recreation Recovery program. Furthermore, the budget request included $21.65 million as the federal LWCF appropriation, which reflects a cut from the $150.47 million appropriated for fiscal 1988. Other national legislation of interest includes S. 1265 (minimum essential health insurance benefits for all workers legislation) which would require that employers provide health benefits to all employees working over 17 1/2 hours per week. S. 1265 passed out of the Senate Labor and Human Resources Committee chaired by Senator Kennedy, sponsor of the legislation, on a partisan roll call of 10 to 6 on February 18. The Volunteer Protection Act of 1987, introduced by Illinois Congressman John Porter, remains in the House Judiciary, and Ways and Means Committees. The legislation currently carries over 225 cosponsors. However, opposition by trial lawyers has delayed hearings. Senator John Melcher (D-Montana) has introduced companion legislation in the Senate which can be referenced as S. 929. One of the most positive efforts taking place at the national level has been initiated by Representative Morris K. Udall (D-Arizona), who is expected to propose legislation which would establish the "American Heritage Trust." This "dedicated trust concept" proposes to tap a greater share of Offshore Continental Shelf (OCS) revenues for investment by the U.S. Treasury. Interest earned would automatically be available for state and federal agencies. As currently proposed, annual appropriations would be distributed with at least 30 percent going for state purposes; at least 30 percent to state agencies, and at least 10 percent for the Urban Park and Recreation Recovery Act. Congress would be committed to determine the allocation of the remainder. The proposal would also permit the authorized but unappropriated LWCF balance, currently in excess of $5.2 billion, to be designated to an interest earning account. Representative Udall's proposal would at long last guarantee that parks, recreation and conservation in this country achieve their rightful place among the many national priorities that currently exist. Illinois Parks and Recreation 21 March/April 1988 At the Great Lakes Regional Council's breakfast. The leadership of the IAPD/IPRA recently attended the Mid-Year meeting of the National Recreation and Park Association (NRPA) in Washington, DC, to personally lobby for increased funding for the Land and Water Conservation Fund, and to support Rep. Morris Udall's (D-AZ) American Heritage Trust Legislation. The Udall proposal will make several amendments to the Land and Water Conservation Fund (LWCF) Act which, along with the existing Historic Preservation Fund, will constitute the "Trust." Several elements central to the legislation include: • a requirement that the U.S. Secretary of Treasury invest all authorized but unappropriated amounts credited to LWCF to interest bearing public debt securities (presently about $6 billion). • annual appropriations which would be distributed as follows: at least 30 percent for State purposes, with a State pass-through of not less than 50 percent required; at least 30 percent to federal agencies; at least 10 percent to the Urban Park and Recreation Recovery Act, with Congress determining the allocation of the remainder.
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