Advocacy Success: Know How Laws Are Made and Who Controls What Decisions

Resource
The Lobbying and Advocacy Handbook for Nonprofit Organizations

Contents
Legislative Structures
Legislative Process: How Does an Idea Become a Law?
The People of the Process
    Legislative roles
    Executive branch officials and staff
    The public affairs community
Make the Learning Fun!

From Becky Andrews, Marketing Manager, Fieldstone Alliance:

IT SEEMS THAT MOST nonprofits understand the value of lobbying and public policy advocacy. Obviously, we all have a big stake in what the government decides to fund and what laws get passed (or vetoed). But, how does it all work exactly?

You can’t advocate successfully without a basic understanding of the structures, systems, and people that make laws happen. This issue of Tools gives you an overview. You'll also find specific tips for gathering information about your area. The material is excerpted almost verbatim from Appendix C of The Lobbying and Advocacy Handbook for Nonprofit Organizations by Marcia Avner, Public Policy Director at the Minnesota Council of Nonprofits.

Legislative Structures
Legislatures are representative forms of government. Legislative districts are drawn based on population, and members are elected to represent the interests of their district as they tackle the larger charge of shaping public policies that set the state’s priorities.

In almost all states, the legislative branch is bicameral. This means it has two bodies, a house (or assembly) and a senate. The house of representatives is usually the larger legislative body. Its members each represent fewer people than do members of the senate. The senate is most often a smaller body whose members represent a larger district than do members of the house. There is an enormous variety in the size of state legislatures and the frequency and duration of their sessions. (Note that Nebraska has a unicameral legislature: only one body to represent the state residents.)

In states with bicameral legislatures, every citizen is represented by a member of the house and a member of the senate. That means each person involved in your organization has two connections—one to a representative, one to a senator—to help you as you call for action on bills. As you can see, even a small nonprofit that mobilizes its friends and allies can exercise a lot of influence.

Legislative Process: How Does an Idea Become a Law?
Each state and local government has its own unique structures and processes. Information about your state’s system is available on the Internet.

Local governmental legislative processes are sometimes more difficult to learn about, but if you find the right source of information you can get everything you need. If your city or county has a web site, study it for information about how the unit of government is structured, what steps a proposal moves through to become a law, and the calendar of activity. Full-time and year-round activity is more likely to be found at the local level. Most states have legislatures that are in session for only part of each year.

The basic process in state legislatures is relatively linear. It usually looks like this:

1. A bill for a proposed new law may be introduced in either the house or the senate, but usually in both chambers. In some states, all appropriations bills must originate in the house. Each bill may have a number of coauthors. The first authors in the house and senate are the chief authors of the bill and are responsible for steering the bill through the legislative process. The other authors are generally chosen to demonstrate diverse political and regional support for the measure. In some states, multiples of the same bill are introduced to demonstrate widespread support.

2. After a bill is introduced to the full house or senate (or both), it is assigned to a committee that oversees the issue addressed by the bill. Child care bills might go to a human services committee or a children and families committee. Bills that are complex or controversial are referred to multiple committees in some but not all states. For example, a bill to limit feedlots in agricultural areas might go to an agriculture committee and then to an environment committee. Sometimes a committee refers a bill to a subcommittee for discussion.

Committee chair­persons usually play a key role in determining which bills are heard and when, though some states require that every bill introduced must be heard in at least one committee. The committee hearings are open and provide an opportunity for members of the public to listen to the debate and provide testimony. Committees have their own rules and procedures for taking testimony. It is important to know how to sign up to testify on issues of concern to your nonprofit. The best way to find out is by calling the staff person assigned to the committee, the committee chair, or the house or senate information offices in your state. The chief author of a bill can also provide guidance.

3. The role of the committee is to decide whether to amend, approve, defeat, or table a measure. If the committee recommends approval (passage) of the bill, it recommends to the full house or senate that action to pass the bill be taken on the floor.

4. The full house or senate will take the committee recommendation, debate the bill, sometimes adopt amendments to it, and vote on the measure.

5. When there are differences between house and senate versions of a bill, states have varying formal procedures to negotiate the differences. Some states have a system of sending bills back and forth between the house and senate attempting to get resolution. If the resolution can’t be achieved that way, joint committees may be appointed to work out the differences. Other states make much more extensive use of conference committees. As soon as a difference between the house and senate versions of a bill becomes apparent, a conference committee is appointed. In some states, the conference committee report cannot be amended, making conference committees extremely important in getting your work done. Identify the process that is used in your state.

6. If both bodies approve the final bill, it is sent to the governor for a signature or veto. Each state has a rule for the period of time that the governor has to consider and veto a measure. Each state has a proscribed requirement for the number of votes needed to override a veto. If the governor signs the bill, it becomes law and goes into effect on a date identified in the bill.

The People of the Process
While you need to know the rules and procedures for making and influencing laws, it is the people who count. Knowledge of who controls what decisions is critical to your success. Following is a guide to the people necessary to the lawmaking process.

Legislative roles

Committee chairs and members
Legislative bodies carry out most of their work through committees. Each state has its own unique committee structure, but in all states the role of committee chair is powerful. Committee chairs usually set the agenda for committee debates and decide which issues to hear, when to hear them, and how much time to allow for testimony and debate.

Your nonprofit doesn’t need to know everyone in the legislature before engaging in lobbying, but you should know where your bill will be heard. For both direct and grassroots lobbying, your nonprofit needs to target committee chairs and committee members who will act on your bill. This will prepare the legislative committee to take its formal action with a good understanding of the issue, its impact, and the concerns of citizens who support your measure.

Political caucus leaders
Politics matters. Key political leaders become “speakers of the house” and “senate majority leaders” and have significant power in legislative bodies. So, although nonprofits are prohibited from engaging in any form of electioneering, you need to know the political landscape at the state and local level to understand who has the power in elected bodies.

Legislative officials from the same political party form caucuses within the house and senate. Each caucus elects its own leaders. The majority caucus, the one with the most members, chooses the person who will represent the caucus’s interests in the legislature and to the public. In the house of representatives, this person would be called the speaker of the house and in most states the speaker is perceived as being the most powerful legislator. The caucus leader in the senate is usually called the majority leader or sometimes the president of the senate or chair of the rules committee.

A person is also chosen to convene the caucus, work to compel members to vote for a “caucus position,” and manage the caucus members’ activities in floor debate. This caucus manager may carry the title of majority leader in the house. In the senate the title is often assistant majority leader or whip. Majority caucus leaders appoint legislators to chair committees and serve on commissions and therefore have a role in deciding who has positions of power in the legislative process itself.

Minority caucuses have leadership structures as well. Minority leaders serve in a parallel way to shape caucus positions, serve as spokespersons for minority positions, work within the caucus to build loyalty and consensus on policy positions, and man­age caucus action. They recommend to the majority leaders who should represent the minority on committees.

Majority and minority leaders in the house and senate are key players. They are often dealmakers on tough and complex issues. And because majority and minority caucus leaders in both the house and senate are responsible for election activities and charged with building the most strength and power they can for their party caucus, they are often tuned in to the voice of the voters. Nonprofits that can win multipartisan support for their issues from these leaders are often well positioned for legislative success.

Many legislative bodies also have caucuses formed around issues and interests. These can include women’s caucuses, minority community caucuses, children’s issues caucuses, and more. They hold regular meetings and seek information from organizations that have experience and expertise in their issue area. They often work as an effective voice on a specific set of issues and can control a block of votes.

Legislative staff
Staff are critical people in the process. As gatekeepers and facilitators of communication, they play a key role in providing access to decision makers and information. They know the process, the people, the power structures, and the schedules. Work with them as much as possible.

Staffing patterns vary widely among the states. The descriptions included here reflect general patterns. Explore how your state legislature staffs its work by contacting your legislature’s general information offices or web site.

Begin by learning the staff structures in the institution you are trying to influence. Nonpartisan staff may provide a wide variety of functions, ranging from secretarial responsibilities to policy research and administration. They facilitate access to legislators, convey information to them, and often have significant substantive knowledge that shapes the policy discussion.

In addition to their nonpartisan staff, elected officials sometimes have political caucus staff assigned to them. In Minnesota, for instance, the House of Representatives and Senate each have caucus staff. The majority party has more staff positions available to it than does the minority party in each body. Caucus staff track votes and document them for reports to constituents, prepare information for legislators to use in responding to constituents or preparing for political events or campaigns, assist in building lists of supporters and events for political campaign use, and arrange party-related functions, including caucus meetings.

City councils, county commissions, and other forms of government have varying levels of staffing to support their work, depending on their status as a full- or part-time body, their budgets, and the degree of complexity of the system.

Get to know these staff when they are free from the rush of a legislative session or local government peak season. Introduce yourself and your organization. Let them know your issues and that you will be asking legislators to meet with you and support your efforts. Tell them about the expertise and experience in your organization and how you can be a resource to them.

Build strong communication links with these staff by getting to know what they care about, their responsibilities, and how they like to be reached when you have a pressing need for their help. If they understand your need, find working with you to be respectful and interesting, and know how to reach you easily, they can help move your information and ideas into the center of the policy debate. And often these staff can give you information that you require as you shape your lobbying strategy. They often know who favors and opposes an issue, the schedules for meetings on your topic, and the results of analysis of your issue being carried out by research staff or state agencies. Once you have built a strong working relationship with staff, they may be willing to alert you to key changes in the debate, page you for hurriedly scheduled discussions of your topic, and find times when the legislator whom you need to see can give a few minutes.

Executive branch officials and staff
These people shape proposals presented to the legislature, recommend budgets, and often assess the merits of proposals being debated. Governors and mayors also have the power of the veto. Working with the administrative agencies involved in your issues and with the chief executive and his or her staff enables you to have your ideas and information introduced early in the process, in the planning phase. Having advocates within the administrative branch can provide support during the debate and help to avoid vetoes of measures that are passed.

The public affairs community
This group of people cares about policies and the way in which the public and elected officials deliberate about issues. Nonprofits are an increasingly important part of this community, which comprises lobbyists, political scientists, media covering governmental affairs, researchers and policy analysts, political activists, and citizens who choose to follow and engage in the process. Though the term “special interest” has taken on a negative taint, it is essential to have groups that care about a particular issue and are involved in shaping the public dialogue about their concerns.

Being part of the public affairs community is valuable. Knowing other participants in the process is helpful. These people will be colleagues, teachers, and perhaps opponents. Knowing their organizations, interests, power to influence the process, and willingness to support your proposals will make yours a more strategic organization.

Make the Learning Fun!
Have your planning team (the group developing your lobbying and advocacy plan) take a two- to three-hour field trip to your state capitol, county office, or city hall. A Treasure Hunt (a list of things to find) is an fun way to get acquainted with the place where you’ll be lobbying and the people there.

On a final note, Marcia asserts that advocacy isn't daunting. "Some minor shifts in work priorities make it possible to do the work that furthers your mission strategically. Lobbying requires good planning and strategic thinking. It does not always command a lot of time if you focus on a very specific agenda and especially if you collaborate with other organizations."

Where to Learn More

State Websites
State web sites all follow the same pattern: www.state.XX.us. Insert your state’s postal initials at “XX” and you’ll get the web site. For example, www.state.mn.us is Minnesota’s web site; Florida’s web site is www.state.fl.us.

2008 State Legislative Sessions
www.statenet.com/resources/pdf/2008_Legislative_Session_Calendar.pdf

Alliance for Justice
www.afj.org/for-nonprofits-foundations/state-resources
Resources on campaign finance and ballot measures, lobbying disclosure and voter registration issues for many states.

The Center for Responsive Politics
www.opensecrets.org/about/index.asp
The Center conducts computer-based research on campaign finance issues for the news media, academics, activists, and the public at large.

Fieldstone Alliance
Article: Policy and Advocacy Resources for Grantmakers and Nonprofits

Books:
The Lobbying and Advocacy Handbook for Nonprofit Organizations
The Nonprofit Board Member's Guide to Lobbying and Advocacy
Message Matters Shape key messages so that people will listen

League of Women Voters
www.lwv.org

Nonprofit Vote
www.nonprofitvote.org/home
A voter participation resource center for the 501(c)(3) sector.

V3 Campaign
www.v3campaign.org
Information you need to make educated decisions about which candidates will best address the causes you support and partner with the organizations where you work and volunteer.

All the Best,

Becky Andrews
Fieldstone Alliance

April 9, 2008

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