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Legal/Legislative Scene An Overview of 100th Congress Legislative Issues
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 Conservation Corps
Illinois Parks and Recreation 22 November/December 1988
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.
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