By RICHARD LOCKHART Head of his governmental affairs consulting firm. Social Engineering Associates, he has been a lobbyist since 1959. He publishes The Illinois Political Reporter and is the author of the article on "Illinois" in the Encyclopedia Britannica.

How to lobby: Convincing government that your bill should be enacted

MOST OF THE bills submitted to the General Assembly do not pass. Some bills are altered significantly by legislative amendments; others negotiate each channel of the legislative process only to be vetoed or amended by the governor. What can private lobby groups do to convince government that the legislation they support should be enacted? Or that bills they oppose should be defeated?

First of all, even the finest lobbying effort can be stymied. Some legislative ideas simply have to wait for their time to come — others may never make it. But there are certain things that can be done by a private group to maximize the chances of effecting its legislative goals. The basic ingredients for legislative success are the right attitude, a reasonable piece of legislation, a good sponsor, hard work by you and the members of your organization, good timing and a certain amount of luck.

The attitude
Your group will not be successful if your attitude is negative. If you think that the legislative process is a fraud or that legislators are stupid, you will fail. You will fail because legislators, who are also politicians (no one should be ashamed to be known as either a politician or a lobbyist), have a pretty good understanding of human nature and are experts in detecting insincerity. If you do not believe in the integrity of the legislative process, you and your program will probably be rejected, regardless of the merits.

Before considering the "product," which is the proposal supported by your organization, it must be remembered that your bill is competing with many others for the attention of legislators. Sometimes organizations get so wrapped up in their own program that they do not notice the programs of other groups or individuals that may affect their own — until it is too late. Since over 5,000 bills are introduced every two years, most organizations must develop a monitoring system on all legislation which is introduced. More on that later.

The first task is to refine your proposal into very specific language and to determine where it should be placed in the statutes.

There are only a few legislative maxims which have universal acceptance. One of them is that it is easier to amend an existing law than it is to draft an entirely new act. Repealing a law is more difficult than either of these courses.

The opposition
Next, it must be remembered that the Illinois legislature is composed mainly of individuals who have had prior legislative experience. This may have been on a county board, a school board, a city council or the General Assembly itself. They will not quickly pass legislation which brings about any radical change. They may do so in time, but not usually on the first go-round. This means that usually your legislative proposal should be drafted so as to minimize its controversial aspects. You will need to do this because controversy means that opposition of some consequence exists. Until this opposition can be won over or outmaneuvered, most legislators will be reluctant to support your proposal. They may fear that this opposition will manifest itself in their district at election time. They may also feel that the points raised by the opposition are valid. In any case, they will be reluctant to substitute a new law, whose impact cannot be measured, for a present law, which is known and probably accepted by most people.

Public benefit
When drafting a proposal, an organization must look at it in terms of the public benefit. It is not sufficient to assert that a bill will be good for your particular group. That usually is obvious to a legislator. What he really wants to know is: (1) How will the public benefit, particularly those in his district? (2) Who opposes the bill and — not as important — who supports it? and (3) Will it cost anything, and if so, how much?

There are those who think that legislation can be "slipped through" without serious scrutiny. While this does happen, it is more the exception than the rule. There are just too many people watching. In addition to the 236 legislators, there are more than 300 registered lobbyists who scrutinize new bills. Additionally, the large legislative staff and

24/ December 1976/ Illinois Issues

various state agencies watch new legislation. The state agencies maintain their own lobbyists, otherwise known as "legislative liaison." They are exempt from the Lobbyist Registration Act, but like lobbyists, they represent a vested and identifiable interest. Consequently, they will resist "bad" bills and attempt to advance the interests of their agency. They are very careful monitors of the legislative scene.

The process
The machinery of the legislative process is both simple and complex. The simple or basic elements are described in the Illinois Blue Book and Handbook of Illinois Government (free copies can be obtained from the Secretary of State). But no single article can possibly describe all of the many variations of what has been called "the dance of legislation." Observing the General Assembly and its committees at work over several sessions is one good way of understanding the labyrinthine legislative process. Seeking the advice and counsel of legislators and professional lobbyists is another.

You will need to know if you must register is a lobbyist, so get a copy of the law (see sidebar below) and the required forms Torn the Index Division of the Secretary of State. Reporting requirements are simple. If you aren't getting paid for lobbying, you won't have to register or report.

You will also want to know what legislation is being introduced. This information can be obtained from the Legislative Synopsis and Digest, which costs $40 per year and is published by the Legislative Reference Bureau. It is mailed once a week while the legislature is in session. More frequent commercial reporting services are also available at a much higher charge. (For details on obtaining legislative information, see "Legislative Action" on page 27.)

The sponsor
Select a good sponsor for your bill. Like a good pitcher, a good sponsor may be 70 per cent of winning. Some tips on selecting the sponsoring legislator are:

1. Try to pick someone who is on the committee to which your bill is most likely to be referred.

2. Try to pick someone who has a high degree of credibility among his fellow legislators.

3. Try to pick someone from the majority party.

4. Try to pick someone who has some knowledge of the subject matter and background of your bill.

5. A good sponsor is one who can handle questions and amendments from the floor, speak concisely, and enjoys a good relationship with the leadership of his party.

Clearly, sponsors must be in sympathy with the purposes of your bill and willing to accede to your wishes with regard to amendments. They should be willing to develop a certain amount of knowledge about your bill and its implications. It is your responsibility, however, to supply sponsors with all relevant information, including the objections of opponents and other drawbacks.

Armed with background information, a well-written bill and a sponsor, you are ready to lobby. Basically, lobbying is communicating. Legislators are usually approachable, but they are very busy and they have many bills, numbers, sponsors and lobbyists all going around in their heads. To help them remember you and your cause, prepare a fact sheet with all of the relevant data set forth on one piece of paper. It doesn't need to be fancy, but it should be neat and concise. If you can, emphasize the relevance of your bill to the legislator's district. Do not forget to lobby with the staff of your sponsor. They are very important. Be persistent, but be courteous and realize that legislators may not give you an immediate commitment. Enlist allies and have constituents write. Make no threats and make no promises. Never deceive or embarrass a legislator. If he asks for more information, provide it. If he tells you that he is voting against you, don't get mad at him; there will be other bills in the future. Always be reasonable. You do not want to create enemies; you want to make friends.

The fictions
Some people think that it is necessary to wine and dine a legislator in order to get his attention and his vote. That is one of the more persistent fictions about lobbying. On the basis of my experience, it is without foundation. Others think that it is necessary to make campaign contributions. Although I personally believe in making small contributions at campaign times, I do not believe that it is essential to legislative success. Contributing is one way that I can demonstrate that I care about individual legislators, but it will not guarantee that they will vote my way.

It is wise to have constituents of the sponsor write to him and thank him for sponsoring the bill. In fact, it is always desirable for legislators to be commended for their support. The media and the public do not shrink from criticizing a legislator, but often forget that it is necessary to say "thank you for your help." When a legislator fails to support my position, I do not blame him, I blame myself for not doing a better job. 

What the law says about lobbying THE LOBBYIST Registration Act, passed in 1969, is found in Illinois Revised Statutes, 1975, Chapter 63, sections 171 through 182. The law requires certain persons to register with the secretary of state and periodically to report their expenditures for the purpose of promoting or opposing the passage of legislation. Those who must register are: "Any person who, for compensation, or on behalf of any person other than himself undertakes to promote or oppose the passage of any legislation by the General Assembly or any committee thereof, or the approval or veto thereof by the Governor. "Any person any part of whose duties as an employee of another person includes undertaking of promote or oppose the passage of any legislation ... or the approval or veto thereof by the Governor." However, the following persons are excluded: the media and their editors, reporters, etc.; persons performing professional services in drafting bills or rendering opinions on legislation; persons employed by state agencies to explain how legislation will affect their agency; legislative employees; persons with special knowledge who take "an occasional appearance for a registrant at the written request of a member of the General assembly even though receiving expense reimbursement for such occasional appearance," and full-time employees of a church who appear solely for the purpose of protecting church members in practicing their religion. A separate law, the Governmental Ethics Act (found in chapter 127, beginning Bisection 601-101), permits a legislator to lobby without compensation. At the end of the 1976 spring session, 326 lobbyists were registered with the secretary of state. Expenditure reports are required in January, April, July and following the adjournment of each session including special sessions. These are to list, under oath, all expenditures made for lobbying showing the name of the person or legislator to whom or for whose benefit the expenditure was made. But some types of expenditures need not be reported: expenses attending study committee meetings, "internal expenses" including office expense and research, personal expenditures for meals, lodging and travel, and expenditures for golf day tickets and similar events "to honor or to promote the candidacy of a legislator or candidate for the General Assembly." The act forbids compensating anyone for lobbying activities on a contingent fee basis (that is, no payment unless the bill is passed or defeated, signed or vetoed, as the case may be). Violations are punishable as a Class 3 felony (1 to 10 years in prison), a fine of not more than $10,000 for a corporation, and disqualification to lobby for a three-year period. Lobbying registrations and reports are public record and may be inspected in the Index Division, Office of the Secretary of State, Room 109, State House.

December 1976/ Illinois Issues/ 25