How and When to Intercede with Lawmakers Great Plains Government Finance Officers Association Spring Conference May 15, 2014 Presented by: John Lindsay Rochelle Mallett O’Hara Lindsay Government Relations

OVERVIEW How a bill becomes law and legislative authority Constitutional restrictions on Legislature What does a lobbyist do When and how you should contact your senator

The Legislative Process Idea Introduction Committee General File Enrollment and Review Select File Final Reading Governor Enactment

Idea A senator’s office researches an issue and determines possible legislative remedies. The senator’s idea may come from: Her or his constituents An interest group or lobbyist Interim studies Model acts of national legislative organizations. The research division helps with these projects, with much of the research being done during the interim. The senator brings his or her idea for a new law to a bill drafter, who takes the idea and writes it into proper legal form and into a legislative bill. In Nebraska, the bill may contain only one subject.

Introduction Bills are introduced in the first ten days of legislative session, beginning in January. The senator files bills with the Clerk of the Legislature who assigns them numbers and makes them available for public use.

Committee The Reference Committee decides to which of the 14 standing committees the bill will go. A public hearing is held by the committee to which a bill is referred This is typically where attorneys are involved By constitution, each bill must have a public hearing After the bill is heard, the committee can choose to: *vote to send it to general file with or without amendments, indefinitely postpone (kill), or take no action.

Standing Committees Revenue Agriculture Appropriations Banking, Commerce & Insurance Business & Labor Education General Affairs Government, Military & Veterans Affairs Health & Human Services Judiciary Natural Resources Nebraska Retirement Systems Revenue Transportation & Telecommunications Urban Affairs

Other Committees Select Committees: Committee on Committees Enrollment & Review Reference Committee Rules Special Committees: Building Maintenance Executive Board Intergovernmental Cooperation Legislative Performance Audit

General File First round of debate before the full Legislature. The bill may be amended as proposed by committees and/or senators Other motions may be filed Bills may be advanced, killed or held at General File

Enrollment and Review Previously adopted amendments are written into the bill and checked for accuracy. No substantive changes to bills are allowed

Select File Second round of debate and voting. More amendments are allowed to be introduced and discussed. The bill may be : Advanced Indefinitely postponed (killed) Held at Select File As is permissible at General File, other motions may be filed Motion to Recommit to Committee Motion to Bracket Motion to Indefinitely Postpone

Final Reading The Nebraska Constitution requires that before final passage, all bills must be read aloud in their entirety by the Clerk of the Legislature, unless three-fifths (30 members) of the Legislature votes to waive the requirement. A bill may not be amended or debated on Final Reading, but may be returned to Select File for a specific amendment. Bills may not be voted on for final passage until at least five legislative days after the bill is introduced, and one legislative day after it is placed on Final Reading. A proposed constitutional amendment requires a three-fifths vote of the elected members (30) to place it on the general election ballot and a four-fifths vote (40) to place it on a primary or special election ballot. All other bills without the emergency clause require a simple majority vote before going to the governor. A bill with an emergency clause requires a vote of two-thirds (33 members) of the Legislature.

Governor After the Legislature passes a bill on Final Reading, it goes to the governor for consideration. The governor has five days, excluding Sundays, to decide what to do with a bill. If the governor signs a bill or declines to act on it, the bill becomes a state law. The governor may veto a bill, and has the authority to strike specific budget appropriations (line-item veto). The Legislature may override any gubernatorial veto, although it takes a vote of 30 senators to do so.

Enactment Most bills passed and approved by the governor become law three calendar months after the Legislature adjourns. This year, bills become law on July 18, 2014. Bills may take effect before that date if they contain the emergency clause.

Legislative Sessions Legislative sessions begin on the first Wednesday after the first Monday in January Sessions are 90 days in the odd-numbered years and 60 days in the even-numbered years Long sessions are the beginning of the two-year legislative cycle Budget is approved in the long session Bills not passed or killed in the long session carry over to the short session All bills remaining at the end of the short session are killed

Constitutional Restrictions on the Legislature State bill of rights in Article I of state constitution Example - state equal protection (1998) Example - state bill of attainder Example – state requirement of due process Initiative and referendum Article III, Section 18 – Local or special laws prohibited May only meet for 90 days in odd-numbered years and for 60 days in even-numbered years unless extended by 4/5 vote of senators

What Does a Lobbyist Do? “Educating government about our clients. Educating our clients about government.” Communication of potential legislative changes to clients and the impact of changes on clients Advocating clients’ positions to senators and executive branch Seeking changes to legislation where appropriate Developing strategy with clients Marshalling resources (organizing constituent contact)

Tips for Contacting Senators Know your senator before you need him/her Contact your senator and legislative staff Personal meeting Telephone call Handwritten letter Stay informed via: www.nebraskalegislature.com

When to Contact Your Senator As soon as you become aware of an issue, let him/her know of your interest Prior to committee hearing At committee hearing (testimony) Shortly before floor debate

What to Say to Senators Be polite Be considerate of their time Tell them who you are Identify the bill/issue in which you are interested Explain how the bill would help/hurt you Be a resource for the senator and staff Ask for the senator’s position on the bill/issue Ask that the office let you know when action has occurred on the bill and how the senator voted Remember to thank the senator or staff member

What Not to Say to Senators Never threaten anything! Some of the least useful phrases: If you don’t, I will If you don’t, I will not vote for you If you don’t, I will find someone to run against you If you don’t, I will tell all my friends what a **** you are Threats are the best way to lose a senator’s support, both on the current issue and any future issue Don’t raise your voice or write in an angry tone Do not disparage your opposition Never be rude to the senator or staff

Questions?