General Assembly Fails to Override Edgar's Veto

PETER M. MURPHY IAPD General Counsel

DURING THE OPENING days of the veto session the General Assembly failed to override Governor Jim Edgar's amendatory veto of Senate Bill 843 in the Senate. This is great news for local government throughout Illinois and Governor Edgar should be commended for standing up to the special interests that sought to weaken the protections of the Governmental and Governmental Employees Tort Immunity Act.

Senate Bill 843 as introduced would have been a boon for plaintiff's attorneys. The proposed bill allowed attorneys to forego the summary dismissal stage of lawsuits for cases that asserted "lack of supervision" caused an injury. The bill would have opened the floodgates for litigation against local government and resulted in frivolous lawsuits.

The effect of the failure to override the Governor's amendatory veto and the lack of a vote to accept the Governor's changes means that SB843 is dead for this year. The issue, however, remains very much alive and it is certain that new legislation addressing the tort immunity of local government will be introduced next year. The motion failed 33 yes, 21 nayes, 1 present, 4 not voting.

It is important to note that data shows that safety problems for swimming pools operated by park districts do not exist. During the past 10 years five deaths were reported among over 35 million users.

Copies of the roll call vote on the motion to override are available from the IAPD offices.

COACHES TRAINING

In other action the Governor approved Senate Bill 918 as Public Act 90-420 which gives the Governor's Council on Health and Physical Fitness the responsibility of establishing by rule minimum standards for the accreditation of coaches safety orientation for coaches training skills programs and officials safety orientation and training skills programs.

The act further provides that programs accredited by the Council may be recognized by youth sports programs for organizations, park districts and insurance carriers as acceptable standards for volunteer coaches and officials.

CAMPAIGN FINANCE REFORM

The hot issue during the veto session has become campaign finance reform. Watch for the passage of some type of bill addressing this issue during 1997.

NATIONAL FRONT

The U.S. House of Representatives passed a six-month extension of current federal transportation programs before heading home for the fall recess, greatly reducing the likelihood that full-scale legislation to reauthorize the 1991 Intermodal Surface Transportation and Efficiency Act (ISTEA) will pass this year.

Although ISTEA expired September 30, the extension bill (H.R. 2519) would allow states to continue receiving federal funds for existing transportation programs through March 31 of next year.

In a surprise move, the House Transportation and Infrastructure Committee introduced and approved the six-month extension at a Sept. 16 meeting in lieu of marking up Chairman Bud Shuster's (R-Penn.) ISTEA reauthorization package, the Building Efficient Surface Transportation and Equity Act—better known as "BESTEA." The committee's

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ISSUES AND INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE

decision not to move forward with BESTEA was a concession to House leadership and other GOP congressmen who were furious that the bill's proposed spending levels for transportation programs would far exceed those agreed upon under the current balanced budget deal. Shuster reportedly expects that the six-month extension will buy enough time to negotiate higher transportation spending levels during the debate over a fiscal year 1999 budget.

On the other side of Capitol Hill, the Senate is moving forward with its version of a six-year ISTEA reauthorization package that stays within the constraints of the current budget agreement.

The Intermodal Transportation Act, dubbed "ISTEA II," also increases funds for environment and quality of life programs, but has been criticized by Senators who are not satisfied with the bills allocation of highway funds to their states.

S. 1173 also creates a Wetlands Restoration Pilot Program to help pay for projects aimed at offsetting the loss or degradation of wetlands resulting from pre-1977 transportation projects. (Since 1977 wetlands losses have been addressed by the Clean Water Act.)

S. 1773 was passed by the Environment and Public Works Committee Sept. 16. Floor action began Oct. 8, but the debate quickly sidetracked from attempts to attach campaign finance reform legislation to the bill.

When substantive debate on ISTEA II continues, environmental interests are braced to fight several amendments they say are attacks on environmental protections.

One proposal would allegedly dismantle the environmental review process under NEPA, the National Environmental Policy Act. Another amendment would allow air quality program funds to be used for highway construction.

As passage of a six-year reauthorization bill this session looks less likely, the Senate is expected to follow the House's lead and consider extending ISTEA before adjourning in November.

The strong potential that full-scale ISTEA reauthorization efforts will be postponed until next spring is not good news, despite the exciting provisions for transportation enhancements, air quality and trails programs now included in reauthorizing proposals.

The delay will only allow opponents more time to organize against these programs.

LWCF

H.R. 2107 provides some $969 million in spending authority from the Land and Water Conservation Fund, including $269.1 million in base funding and $699 million set aside for priority acquisition and exchange through a LWCF "reserve" agreed to earlier in the balanced budget agreement.

No funding was provided for the stateside portion of the LWCF. Continued zeroing out of the stateside allocation is sure to kill the program.

Conferees provided $1.233 billion for operation of the national park system;

$383.6 for maintenance, and $291 million for visitor services.

The historic preservation fund provided $40.8 million for state planning, technical assistance, surveys and restoration.

The national forest system will function in 1998 on $1.348 billion. National forests host an estimated 865 million recreational visitors annually.

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