The Legislative Process

Melinda HugdahlStaff Attorney

Legal Services Advocacy ProjectSt. Paul, MN

A short primer on lobbying What LSAP does Legislative process – from idea

to law

What we’ll talk about today

A person who talks with elected officials or

encourages others to do so. There are also requirements regarding how

much a person makes from lobbying or spends on lobbying.

Once you meet those requirements you must register as a lobbyist.

What is a lobbyist?

The Minnesota Campaign Finance and Public

Disclosure Board. Once registered, lobbyists are required to file

periodic reports They cover expenses, topics lobbied, and other

items.

Who registers lobbyists?

Lobbyists in Minnesota are prohibited from

providing gifts to any legislator, legislative staff and other public officials. It is a broad rule, and covers everything from

monetary gifts to meals and honoraria.

The Gift Ban

Negotiation skills Knowledge of the law Acting on behalf of a client Your reputation precedes you

How is lobbying like courtroom work?

It is a political process – it is not impartial There are no procedures such as

discovery, pre-trial motions to level the playing field

Legislative drafting skills are needed Just as much work goes on outside of a

hearing as it does inside a hearing – there is no such thing as ex parte

There are many rules, but also many exceptions

How is lobbying NOT like courtroom work?

The Legal Services Advocacy Project is

the division of Mid-Minnesota Legal Assistance that provides legislative and policy advocacy.

We advocate on behalf of low-income Minnesotans on a variety of civil legal issues such as family law, consumer law, housing law, public benefits law and health care law.

What is LSAP?

How an Idea Becomes a Law

1. Substantive Knowledge2. Legislative/Process Knowledge3. Media Strategy4. Grass roots network/strategy

Four Keys to Passing Significant Legislation

Development and

Approval of an Idea

Drafting and Introducing

a Bill

The Committee

Process

On to the Floor! (and

beyond)

The Governor

Five Process Phases

The First Phase:

Development and Approval of an Idea

Legislative proposals come from many sources Most are from our attorneys, who tell us about

problems they see in their cases

Development of an Idea

Once an idea is brought forward, we conduct a

lot of research on the specific issue that needs to be addressed. Research may include previous legislation, other

related laws, and laws of other states. Next, we solicit input and feedback from our

practitioners.

Development of an Idea

We work a lot with community-based

organizations on issues of mutual concern.

They often times have a significant grass roots network that can be very helpful. They may also have media contacts and strategies.

We may discuss specific proposals, how to strategically work together, and share ideas.

Community Partners

Our legislative agenda for each

session is ultimately set by the Project Directors.

They are the Directors of each of the 7 member programs in the Minnesota Legal Services Coalition.

The Directors review proposals, ask questions, and make a final decision as to whether ideas will be pursued.

Approval of an Idea

The Second Phase:

Drafting and Introducing a Bill

Early in the session (or even before the

session), LSAP meets with legislators about our proposals for the session. We discuss proposals, and any hurdles that might arise.

We also discuss other issues that might arise during the session.

We meet with many different legislators, including: Legislative leadership; Committee chairs and members; Legislators who have authored Legal

Services legislation in the past; and Legislators who have an interest in Legal

Services issues.

Meeting with Legislators

Legislation must be drafted in a

very specific bill format. All legislation must go through

the Office of the Revisor of Statutes before it can become a bill.

However, there are typically many interactions with legislators, staff and others prior to the actual bill being drafted.

Drafting Legislation

LSAP works with House

Research, Senate Counsel, and the Revisor of Statutes. A legislator must authorize

work with legislative staff. In many cases, there is

significant dialogue between LSAP and legislative staff regarding both substantive legal issues and drafting issues.

Drafting Legislation

An author is a legislator who

sponsors the bill. There is a chief author, and there

may be co-authors. Selecting an author is one of the

most strategic decisions LSAP makes on a bill.

At the point an author is selected, the bill becomes the author’s bill.

The author is involved in discussions about the language of the bill, including any discussions with legislative staff.

Legislative Authors

The author determines when the

bill will be introduced. The author will decide whether he

or she wants to get coauthors, or whether the lobbyist can do that. The bill is then submitted for introduction.

Once the bill is submitted with signatures of the author and any coauthors, the House and Senate staff take steps so that the bill is introduced during the next available floor session.

Introducing the Bill

The Third Phase:

The Committee Process

After a bill is introduced, it is sent

to the relevant committee in each chamber.

If there is any policy, it is typically sent to a policy committee first. If there are requests for spending, or there is a cost to implement the bill, the bill must also go through a finance committee.

Committee Work

At this point, we reconnect with

members of the relevant committees.

There is now a bill to work with, and we try to resolve any concerns and build support during these meetings.

We also meet with the bill author and the committee chair about setting a hearing for the bill.

Committee Work

Generally speaking, the committee process

has deadlines. They are like funnels for narrowing the number of “live” bills for the session.

There are three deadlines, which are typically in March and are in three successive weeks. The first two deadlines are the dates which

policy bills must move out of policy committees.

The third deadline relates to bills with fiscal issues moving out of fiscal committees.

HOWEVER, the deadline policies are not necessarily the same from year to year, and there are some exceptions. In addition, even if a bill is “dead”, nothing is really dead until the end of the session!

Committee Deadlines

Prior to a hearing, we organize people

to testify in support of a bill (or against a bill we oppose). They may include: Legal Services attorneys; Clients; People from community-based

organizations; or People from state agencies or other

branches of government. During a hearing, we often testify and

answer questions about legislation we’ve initiated and on legislation we oppose.

Before, during and after a hearing, we are still working with other lobbyists, agencies and groups to resolve differences.

Committee Hearings

The bill gets a favorable vote

with the same language it had when it entered the committee.

The bill gets a favorable vote, but with amendments.

The bill is defeated in committee – it is probably dead for the session.

The bill author “lays the bill on the table” – which is like putting it on hold in the place it’s at, prior to any voting.

The bill is not heard in the committee.

Committee Hearing Outcomes

The Fourth Phase:

On to the Floor!

Once a bill has passed out of

committee, it is given its “second reading.”

After second reading, both the House and Senate have a list of bills that are awaiting floor debate and vote.

In the Senate, that list is called the “General Orders.”

In the House, it is called the “General Register.”

Waiting for Floor Debate

On the approximate day a bill

will be heard, a bill may move to a special calendar for consideration that day (or another day, depending upon the schedule that day)

In the Senate, there is no special calendar. The Senate meets in a “committee of the whole,” and the bills for any particular day are selected before the committee session starts.

In the House, a bill will move to the “Calendar for the Day.”

Moving Toward Debate and Vote

In the Senate, while the full Senate is in the

committee of the whole, the bill is discussed and amendments can be offered.

In the House, once the bill is called from the Calendar of the Day, the bill is discussed and amendments can be offered.

Floor Debate

We continue to meet with

legislators about the bill or issue. During a floor session we can send a note in to a legislator to speak outside the chamber, or we can communicate electronically.

In many cases, we prepare fact sheets for legislators to take with them.

We also continue to work with other groups who support or oppose the bill to continue to try and resolve differences.

We also keep an eye out for amendments!

What are we doing prior to and during a floor debate?

Under House and Senate Rules,

an amendment must be “germane”, or related, to the underlying bill before it can be considered.

The determination of what is germane is made by the Speaker of the House or the President of the Senate.

What is “germaneness?”

In the Senate, once the

Committee of the Whole recommends that a bill pass, it is given its third reading. The bill is debated, but no amendments can be offered.

At the end of debate, a vote is taken – the bill either passes the body or it is defeated.

Third Reading and Vote

In the House, a bill is also given

its third reading. The bill may be debated, but again, no amendments may be offered. After debate finishes, the House votes on the bill.

Either body may pass a bill “first” – except for some fiscal bills which must originate in the House.

Once the bill passes one body, it is sent to the other chamber.

Third Reading and Vote

The other body may amend a

bill that has passed the other chamber. In other words, if the Senate passes a bill first and sends it to the House, the House can amend it and send it back to the Senate.

Eventually, the other body votes on the bill received from the other chamber, then sends it back to the original body.

Consideration by the other body

If the bills aren’t identical after

passing both chambers, a conference committee is set up to work out the differences. The committee consists of members

from both House and Senate, and is usually 3-5 members from each.

During this time, we work with committee members and the bill authors to keep in favorable language and eliminate or keep out unfavorable language.

Conference Committee

When the Conference

Committee reaches resolution, they prepare a report that contains the agreed-upon language. It is signed by the committee members, unless they refuse to sign.

The conference report is taken up in each body, and members vote on whether to approve the conference report (and thus the bill).

Conference Committee

The Fifth Phase:

The Governor

Once presented to the

governor, he can sign the bill, veto the bill, line-item veto the bill or pocket veto the bill.

We begin working with the Governor’s staff early on in the session on issues advaced by Legal Services, or issues of interest to Legal Services. This can include state agency bills

which become “governor’s initiatives” upon the Governor’s approval as a legislative idea.

Action by the Governor

The bill is returned to the

legislature. The bill stays on the floor,

waiting for debate in either chamber.

In some cases, another bill is created, introduced, heard, debated and voted on after the veto.

To override the Governor’s veto, there must be a two-thirds majority in each body.

What if there’s a veto?

Once a bill is signed, LSAP

begins to prepare any training, education and publications that need to be completed.

We prepare summaries of new laws for our attorneys and the public, and work with our attorneys and other groups to provide trainings to understand and implement the law.

In some cases, there is a working group organized to implement the law.

Once a bill is signed…..