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Parks And Recreation Legislation:

Techniques In Securing Its Promulgation And Passage

By Robert A. Stuart

Sound and effective legislation is the very foundation of park and recreation services to the general public in the United States. Without question, the most essential element in the development of such legislation is that of citizen involvement. The participation by the citizen to which we refer is an element which the park professional cannot as effectively furnish. It is an element which must be supplied by the interested citizen or elected official who serves on the park or recreation board or commission without compensation and who has no particular personal interest to further in the performance of his duties.

Unfortunately, there is no infallible formula (and in fact, no formula whatsoever) which can be set forth and which will guarantee the development of a successful legislative program or its ultimate adoption by the state legislature or the Congress of the United States. What might be an effective procedure in this year's legislative session may be wholly ineffective in the next, or, that procedure or plan which may bring success this week during the legislative session may be the very basis for a complete failure of the same measure next week. Changing circumstances provide a variable which cannot be anticipated in many cases.

In considering the best approach to the subject of legislation and the effective techniques for developing a sound legislative program and securing its ultimate passage, one can only rely upon his past experience in dealing with legislature and legislative action. In approaching the general subject of securing the promulgation and passage of park and recreation legislation in the United States, one must be fully aware of the fact that because of basic differences in the legislative character and the type of governmental organization which is responsible for providing of parks and recreation facilities in each of our 50 states, what may be appropriate in Illinois may be wholly inappropriate in another state or jurisdiction. However, upon the basis of some 24 years of experience in dealing with the General Assembly in Illinois, the following suggestions might well be of assistance in considering the development and presentation of an effective legislative program:

1. Organization of an association representative of the citizen interest in all sections of your state. Preferably, such an association should be composed of citizens or elected officials who are in the best position to talk with members of your state legislature and who will have the greatest influence upon them in assisting you in connection with your program.

2. Select a legislative representative (or lobbyist, if you prefer) who has a general understanding of: (a) the organization, operation and processes of the legislature; and (b) your park and recreation program and your park and recreation needs. A legislative representative who does not possess a sound understanding of both of these factors cannot do an effective job for you and your association. Without question, a legislative representative who has had personal experience as a citizen and elected member of a board or commission, or who has had daily contact with the problems of parks and recreation and the legal problems involved, provides the most effective type of representation in dealing with the members of the legislature.

3. Develop a program of POSITIVE ACTION. Too many legislative groups are organized for the sole purpose of opposing or defeating measures, but have no positive program of constructive development or service. Such groups seldom are effective before legislative committees or members of the legislature.

4. Get to know your representatives and senators in the legislature. No factor is as important in dealing with the legislature as that of personal acquaintanceship with the various representatives and senators who are serving in the legislature. Such acquaintanceships give your legislative representative a knowledge of what the personal feelings and views of the member of the legislature with whom you are dealing may be and permits your legislative representative to know what manner of approach should be made to a key member who may be interested in supporting the particular bill in which your association is interested.

5. Educate your representatives and senators from your area in your program and the local needs of the community in the field of park and recreation.
a. Invite them to your meetings and conferences;
b. Urge them to participate in your programs actively; and

Illinois Parks and Recreation 16 July/August, 1979


c. Recognize publicly their efforts in your behalf through letters of appreciation, presentation of awards and local publicity in the various news media.

6. In dealing with your legislators, help to develop in them a respect for your legislative representative and his activity. A legislator is far more willing to rely upon what he is told or asked by his constituent than by any other legislative representative, regardless of his ability.

7. During the legislative session, deal with your legislators through your legislative representative. Your legislative representative, during a legislative session, must be free to act upon his own discretion, many times without consulting members of his legislative committee or officers of the association. Many times a discussion with a legislator by a member of a particular local board can destroy weeks of work which may have been performed by the legislative representative for a specific purpose which is not understood by the local official.

8. Be aware of the best interests of the majority rather than attempting to advance the particular interest of a single district or municipality at the expense of others. On numerous occasions in Illinois, some districts have suffered a loss of some authority in order to grant to the greater number a desirable result. However, over a long period, such gains will result in the greatest benefit to all who are involved.

9. Be consistent in your policy, but do not be unwilling to consider the policy of others. Legislation and its favorable consideration in most cases where there is opposition of any type must be a matter of compromise.

10. Support the general program of your association and avoid conflicts. If your association should fail to approve a legislative matter in whichyou are interested, your attempt to force a matter through the legislature on the basis of your individual action may result in the loss of many benefits which you would derive from the general program.

11. Be patient in securing the adoption of any program. It is suggested that in developing any legislative program a group or association should proceed slowly with a few major pieces of legislation in each session rather than attempt to formulate and secure the approval of a large package in any one session.

12. Do not be a consistent opponent. But, at the same time, do not hesitate to oppose those measures which are contrary to your general policy.

13. Be amenable to compromise. Bear in mind that by far the greatest portion of effective legislation is developed out of compromise. In many cases compromise can eventually result in securing the total original objective.

14. Cooperate with other municipal organizations, associations and lobbyists. Many times it will be possible to secure favorable action as a result of the assistance from another organization which may be in a better position to urge the passage of the particular measure. In Illinois, it has been our experience that through our close cooperation with the Illinois Taxpayers Federation we have been able to secure the passage of perhaps the most progressive financing measures in the field of parks and recreation which we could not have secured without such support.

15. Note the position of key legislators on various measures. Know who to contact; when and through whom. An ill-advised contact with a legislator who has consistently opposed a policy which you are attempting to promote may result in the loss of your entire program.

16. Attempt to understand and appreciate the position of your legislator. You are apt to secure far greater assistance from the legislator whom you have told that you know his position is contrary to yours than one whom you might attempt to force to change his position by putting pressure on him through others.

17. Study and understand what is happening to similar legislation in other fields. A knowledge and understanding of other legislation which is being passed in the field of taxation, annexation and similar points may make the passage of your program at a particular time much easier than it might otherwise be at a later date.

18. Take full advantage of the legislative successes of the Municipal League, county officials, organizations and others.

19. Get acquainted with the members of the Municipalities Committee or the Committee on Local Government in the legislature. The members of these committees, before whom the bills come and are studied, are the most important contacts to be made.

20. Secure respected and sound members of the legislature to sponsor your park measures. The selection of unpopular or controversial members of the legislature to sponsor park and recreation measures may result in opposition from the general membership.

21. Rely upon the judgment of your legislative representative in connection with the proper timing for the introduction and calling of proposed legislation for consideration. Remember that an effective legislative representative must be totally familiar with the day to day developments in a particular legislative session and as a result is, or should be, in the best position to determine the proper timing required for obtaining the most favorable results.

22. Get acquainted with the secretaries, clerks and legislative drafters in the Legislative Reference Bureau, and the pages and door keepers in each session. A close acquaintanceship with a particular secretary, page or door keeper may be as important in securing the passage of your legislation as your personal acquaintanceship with the Speaker of the House, President of the Senate, or the Governor.

Note: The foregoing article was taken from the transcript of the remarks of the author delivered at an annual meeting of the National Recreation and Park Association in Chicago, and was used by Mr. Artz on many occasions at various legislative seminars held and sponsored by the Association. Mr. Stuart served as general counsel and legislative representative for the Illinois Association of Park Districts from 1954 to 1978.

Illinois Parks and Recreation 17 July/August, 1979


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