1. 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

2. 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

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

4. 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.

5. 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.

6. 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.

7. 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

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

9. 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

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

11. 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

12. 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.

13. 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.

14. 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.

15. 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

16. 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

17. 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)

18. 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:

19. 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

20. 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

21. 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

22. Questions?