Transcript The Legislative Process

Melinda Hugdahl
Staff Attorney
Legal Services Advocacy Project
St. Paul, MN
What we’ll talk about today

 A short primer on lobbying
 What LSAP does
 Legislative process – from idea to
law
What is a lobbyist?

 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.
Who registers lobbyists?

 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.
The Gift Ban

 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.
How is lobbying like courtroom
work?

 Negotiation skills
 Knowledge of the law
 Acting on behalf of a client
 Your reputation precedes you
How is lobbying NOT like
courtroom work?

 It is a political process – it is not impartial
 There are no procedures such as discovery, pretrial 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
What is LSAP?

 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.
Four Keys to Passing
Significant Legislation

1.
2.
3.
4.
Substantive Knowledge
Legislative/Process Knowledge
Media Strategy
Grass roots network/strategy
Five Process Phases

Development
and Approval
of an Idea
Drafting and
Introducing a
Bill
The
Committee
Process
On to the
Floor! (and
beyond)
The Governor
Development and Approval
of an Idea
Development 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.
Community Partners

 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.
Approval of an Idea

 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.
Drafting and Introducing a Bill
Meeting with Legislators

 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.
Drafting Legislation

 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.
Legislative Authors

 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.
Introducing the Bill

 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.
The Committee Process
Committee Work

 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 Deadlines

 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 Hearings

 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 Hearing Outcomes

 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.
On to the Floor!
Waiting for Floor Debate

 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.”
Moving Toward Debate and Vote

 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.”
Floor Debate

 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.
What are we doing prior to and
during a 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 is “germaneness?”

 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.
Third Reading and Vote

 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.
Consideration by the other body

 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.
Conference Committee

 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 agreedupon 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).
The Governor
Action by the Governor

 Once presented to the governor, he
can sign the bill, veto the bill, lineitem 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.
What if there’s a veto?

 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.
Once a bill is signed…..

 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.