NRPA fights bill that would close municipal facilities - Advocacy Update

Parks & Recreation, June, 2003

NRPA Opposes Pennsylvania "Unfair Competition" Bill

NRPA is working against a Pennsylvania bill that would severely restrict the ability of park and recreation departments to operate fitness facilities. The bill would limit the activity of public agencies unless the private sector was basically "unwilling or unable to engage in the proposed activity." NRPA joined the Pennsylvania Recreation and Park Society and individual public executives in opposing the bill.

Appearing before the Pennsylvania House of Representatives' Intergovernmental Affairs Committee, NRPA policy director Barry Tindall said passage of H.R. 298 "would unleash a full employment program for attorneys on both sides of a 'challenged' facility or service and for court officials. It would stifle the provision of public services to anyone, including those most in need," Tindall said.

H.R. 298 doesn't directly cite public parks and recreation except to observe that the Pennsylvania state park system would be exempt from its provisions. However, most witnesses represented either private fitness clubs or public parks and recreation, and the principal House sponsor represents a region of the commonwealth with at least one multiple club owner.

Commenting on a question from committee chair Dennis Leh, NRPA said that simply comparing one private facility with a single public recreation center was "overly simplistic." A public facility is "typically part of a larger, diverse system of sites and facilities designed to meet broad pubic recreation purposes," Tindall noted.

State courts have generally held that municipalities and other units of local government that own and operate public recreation facilities pursuant to a broad grant of legislative authority are permitted to engage in head-to-head competition with privately owned companies. In so doing, the courts have recognized that the traditional "public purpose" test is clearly satisfied, despite the fact that these authorized activities compete with private businesses furnishing the same service.

Administration Proposal Underfunds Surface Transportation Program

The Bush administration has called for $247 billion to be spent over six years to reauthorize the Transportation Equity Act for the 21st Century (TEA21). Known as the Safe and Flexible Transportation Efficiency Act (SAFETEA), the bill would fund highway construction, mass transit improvements, transportation enhancements and many other programs that are vital to parks and recreation interests across the nation.

The administration's bill, however, differs in many respects from congressional intentions for the reauthorization. House Transportation and Infrastructure Subcommittee Chair Don Young (R-Ala.) is urging the House to support a funding level of $350 billion. This significant disparity has some congressional sources thinking that the differences are so irreconcilable without an additional gas tax--a thorny issue in itself--that, instead of a long-term reauthorization this year, there may be a stop-gap, one-year reauthorization at current levels. NRPA's public policy staff is closely monitoring this issue, and will alert members of needed advocacy action.

NRPA Works With Senators to Support Urban Parks

Sens. Carl Levin (D-Mich.) and Norm Coleman (R-Minn.) are leading a group of 31 senators who are calling for $25 million for urban park rehabilitation grants in Fiscal Year 2004. NRPA public policy staff coordinated Washington contact with key Senate staff, and helped targeted grassroots efforts, enabling Senate offices to hear directly from constituents.

The Urban Park and Recreation Recovery Program is crucial for public parks and recreation systems because it provides grants in economically distressed urban areas to restore urban park sites, implement youth programs and develop recovery action plans. The program was funded at $20 million in Fiscal Year 2002. For this fiscal year, the House of Representatives had initially authorized $$o million, but when President Bush demanded large cuts in domestic discretionary spending, Congress appropriated no funds for the program. The president's Fiscal Year 2004 budget also proposes no funds for UPARR. NRPA is urging Congress to authorize $50 million for UPARR to help address the nation's urban park restoration needs, and urges members to contact their federal legislators on the issue. See the end of this article for information on quick and easy online advocacy tools.

Schwarzenegger Touts Community Learning Centers to Senate

"There is no greater American dream than the hope that our children will live a better life. A better life for our children can only happen with a good education, and educating our children should not stop at 3:00 p.m. when the school bell rings. For millions of America's children, this is exactly what happens."

Arnold Schwarzenegger made the above statement as part of his testimony in support of full funding for the 21st Century Community Learning Centers program at a hearing of the Senate Appropriations Subcommittee for Labor, Health and Human Services and Education on May 13. The Bush administration has proposed to cut funding for the program from this fiscal year's level of $993 billion to $600 million in Fiscal Year 2004. To support restoration of funding for the program, use NRPA's new online advocacy tool, located at http://gaO/nrpa.home.html.>