ADVOCACY AND THE LEGISLATIVE PROCESS What is the significance of Majority vs. Minority party? Majority party has more votes in each committee, majority member chairs the committee, the committee chair determines which bills will be considered (unless a discharge resolution is adopted) and on which bills hearings will be held unless a separate resolution has been enacted, and the majority controls the referral of bills to committees. How long does it take to get legislation passed? Only about 10-12% of the legislation introduced ever gets voted on by the full House or Senate. One study suggested that for those that are adopted that it took an average of six years - three legislative sessions - before being adopted. This is why the most important aspects of advocacy are patience and persistence. Legislative sessions are only two years and any bill that isn't adopted must be reintroduced, so the sooner a bill is introduced in a legislative session the longer it has for consideration. Bills introduced in the later part of the session can build momentum of support for the next session. More bills are adopted during the annual budget period - May to June/July and during the last six months of a session, then at any other time. Some of the major factors that influence legislative consideration and why it is so difficult to understand why certain actions are or are not taken. * Input from the General Public and particular interest groups may have influence, particularly during committee and floor consideration stages. * Governor's legislative office has an ongoing dialogue with the legislature. (Usually with the prime sponsors and committee chairs or leadership members.) * State agencies may have ongoing dialogue if coordinated and approved by the Governor's legislative office. * Lobbyists may have ongoing input with key members and the Governor's office at each stage. * Policy makers may have dialogue with local agencies and providers and consumers during various stages. * Party leadership may have ongoing dialogue with its members particularly during the caucus stage and on proposals deemed priority. * Media may have ongoing influence during these stages. What are the "political considerations" considered by lawmakers? * Who supports the proposal and who opposes it? This includes their fellow lawmakers, especially those in leadership and those in their own party, the Governor and/or agencies, and constituents and interest groups. * Is there a partisan position or history on the issue? Has it been considered before? Did the issue arise during the campaign, if so, what position was taken? * It is a potential hot election issue? How does it fit with current themes like increases the size of government, promotes personal responsibility, implies big spending or shows that one isn't a cold detached elected official, i.e. compassionate. Basic legislative stages: * Sponsorship of legislation. * Committee consideration * Referral to appropriations committee if a fiscal note is necessary * Caucus consideration * Floor consideration * Committee consideration by the other chamber. * Floor consideration by other chamber * Conference committee * Action by the Governor Web site for finding and tracking legislation: www.legis.state.pa.us Tip: In looking at a bill check on the "prime sponsor(s)," i.e. the first and second names on the bill and check to see if there are sponsors from both parties, and if there are sponsors who are in leadership positions or on the committee(s) where the bill will be considered. Sponsorship - Find the right "prime sponsor". This should be a member of the majority party and if possible a member who is in leadership or on the committee where the bill will be referred. Obtain as many co-sponsors as possible from both parties and especially members in leadership and on the committee(s) where the bill will be referred. Need to decide if you wish to have the bill introduced in the House, Senate or both. Committee consideration. Only the chair of the committee decides if and when a bill will be brought up for a vote. They may do so soon after a bill is referred to the committee or never schedule it for a vote. Committee staff for the majority and minority chair will prepare analysis of the proposal if the bill is going to be considered. Committee members may offer amendments. Tip: Committees prepare "bill analysis" on bills reported out of Committee. Often there is an analysis by both the majority and another by the minority party. Bills reported out of the Appropriations Committee have "fiscal notes". Copies of these may be obtained by contacting the offices of the Committee chairman or by committee members. Appropriations Committee. Proposal that appears to have a fiscal cost will be referred to the Appropriations Committee once it has been reported out of the "program committee". Only the chair decides if and when the bill will be considered. Staff will be responsible for preparing a "fiscal note" that estimates the cost of the proposal. Caucus consideration. Once bills are reported out of committee(s) for full House or Senate consideration they will be listed on the chambers calendar for a vote. The different caucuses (House Republican, House Democrat, Senate Republican, Senate Democrat) will meet each session day in private to discuss bills on the calendar. Party leadership will suggest which bills will be voted that day and if a party vote is requested. Floor consideration. All members of the chamber will have an opportunity to vote for or against the proposal. All members may also submit amendments to the proposal, which are "germane" to the general topic. In certain situations bills may be referred back to committee. Majority leadership generally determines what bills will be voted and when. Committee consideration by the other chamber. The other chamber follows the same process. Committee chairs decide if and when such bills will be considered for a vote and staff must prepare bill and fiscal analysis for members. Floor consideration by the other chamber. If bills are approved without changes the bill is sent to the Governor. If changes are made to the bill, it goes back to the other chamber for a vote by the full body to concur or not concur with the changes. If they concur, then the bill goes to the Governor. If they do not, then it goes to a Conference Committee. Conference Committee. Consists of six members selected by party leadership (Three Senate members and three House members). Two from the majority and one from the minority party. The chair will decide if and when the committee will meet and vote on any compromise. It takes four votes to report the bill out of committee. If voted out it goes to the full House and Senate for an up or down vote and cannot be amended. It approved by both chambers than it goes to the Governor. The annual budget bill usually ends up in a conference committee. Action by the Governor. Once a bill is sent to the Governor one of three actions may be taken. It may be vetoed, signed or allowed to become law without his signature, if not acted on within 10 calendar days. If vetoed it goes back to the House and Senate where they may override the veto. It takes a two-thirds vote of each chamber to override the veto. How to By-Pass the Process - Jumping on another bill. One way to avoid the lengthy and often deadly committee process is to amend your proposal into another bill that has already been reported out of committee. The general rule that applies is that your proposal must be "germane" to the subject area of the bill you want to amend. For example amending a provision of the welfare code can't be done if the bill you are amending into is one that amends the banking code. Generally it is tough to get an amendment adopted through this process and is generally controlled by party leadership, especially if it is trying to amend a bill already passed by the other chamber. It also helps to have your proposal already introduced and having been stalled in committee as a justification for using such a process. This process is most often used at the end of a session and in adoption of budget bills. ADVOCACY AND THE BUDGET PROCESS Background: The Governor has sole authority to estimate the revenue level and propose a balanced budget within the revenue level. The General Assembly determines final allocations (power of the purse). This is often referred to as the Governor proposes and the Legislature disposes. The Governor can "red line", i.e. delete items if the expenditure level exceeds the anticipated revenue level and may delete language that would create the same result. FYI: Budget consideration focuses almost exclusively on the expenditure of state tax dollars. Consideration of federal dollars is only a secondary concern to the extent their use will impact state expenditures. Administrations generally do not consider it their obligation to pick up the costs when federal funding is reduced or eliminated. 90-95% of the budget as proposed by the Governor, regardless of party, is generally adopted unless a tax increase is involved. Budget consideration will focus on new initiatives and/or proposed reductions more often than on carry forward items. The Administrative Process for Developing and Proposing a Budget 1. The Governor's Office may submit Program Policy Guidelines (PPG's) to state departments. These are intended to give agencies general guidance on the Governor's priorities for the next fiscal year. They may be written or verbal, public or private. 2. The Governor's Office will establish initial revenue estimates including a level of increase. This is usually a percentage which serves as a general guide for agencies in understanding the constraints in which the Governor's budget office will have to operate when considering overall spending requests. This estimate may not be made public. 3. Each agency will develop a "carry forward" or sometimes-called a "maintenance of effort" budget estimate. This is a specific amount as to what it will cost to continue the agency program at the existing level. Non-administrative initiatives may not be included in this level. 4. Each agency will develop Program Revision Requests (PRR's). These are requests by the agency for any new initiatives or expansion of an existing program which will cost over 10% or $100,000 and/or is a substantial change in program policy in which the governor should consider as a part of his plan for the next fiscal year. Factors that are often considered in developing a PRR: * Is the court or federal government mandating the proposed change? * Is the proposed change for cost containment or cost reduction? * Is the proposed change related to the Administration's priorities or general themes? * Does the proposed change leverage any third party funding? Will it require a tax increase or cut in existing services? * Is the proposed change an agency priority? (Agencies must prioritize their PRR's.) * Will the proposal require statutory or regulatory changes besides the budget bill? General Timing for development of the Administration's budget request: July-September - Program offices submit recommendations to the Secretary. September-October - Secretary decides carry forward level and initial PRR's for submission and priority order. November-December - Secretary meets with Governor and/or Budget Secretary to review and defend request and determine final PRR's. December-early January - Governor makes final decision on budget proposal and it is sent to the printer about 7-10 days prior to presentation to the General Assembly which occurs the first week in February (March on gubernatorial election years) The Legislative Process for Review of the Proposed Budget 1. Agency budget detail for each program area is developed and submitted to the House and Senate Appropriations Committees not less than 10 days prior to the Committee hearing date. (Agencies are not provided the final decisions of the Governor until 24-48 hours prior to when it is released to the General Assembly.) The budget detail must be consistent with what the Governor has proposed even if it is not what they requested. 2. House and Senate Appropriations Committees conduct separate budget hearings on each state agency usually in March-April. Hearing will focus on proposal and often on related items in existing budget year. Secretary is to defend the Governor's request even if it differs from their original request. 3. Budget bill introduced. Actual bill may not be introduced until after budget hearings. Minority party may introduce a bill of their own. 4. Appropriations committee will vote and report a budget bill and send it to the floor for consideration. (Usually in May or June or sooner if one party controls both chambers and the Governor's office) 5. Floor consideration will often involve dozens of proposed amendments. (167 were considered in the 1996-1997 budget bill - less than 36 were approved in the final budget). 6. When it passes one chamber it is then sent to the other chamber for the similar process. It'll make some changes and then send it back for the other chamber for reconsideration and concurrence in the changes. This rarely happens and therefore it goes to a Conference Committee to work out the differences or any other changes it wishes. (usually late June) 7. Conference Committee reports the bill out to both Chambers which must vote to adopt or reject and cannot amend. (Hopefully by late June, but sometimes in July or even later) 8. Governor signs and red lines if circumstances warrant it. Re-budget Process by the Administration The budget that is finally adopted usually has some changes from what was originally proposed by the Governor and defended by the agency Secretary. The Budget Secretary requires Departments to go back over the adopted budget and make necessary changes in order to make their spending plan consistent with what had been adopted. Agencies must submit their recommendation to the Budget Secretary concerning those adjustments and then wait for written approval before they know what will be their final spending authorization. If the estimated revenue is not occurring in a fiscal year the Budget Secretary may impose spending freezes and reduce the spending level for a program even though the General Assembly has approved a higher level. This can happen as early as the first month of the fiscal year. HOW CAN I BE A LOBBYIST? You don't need to have lots of money or a political action committee behind you to be an effective lobbyist. You have other things that you legislator needs, Things like: * Information * Praise and constructive criticism * A sense of community sentiment * Identification of special community groups * Votes WHAT DOES IT MEAN TO LOBBY? All of us lobby every day when we try to influence other people's decisions. Some people are paid to try and influence legislative decisions. But there are lots of others who at one time or another have a need to lobby for or against a bill for themselves or for the groups they represent. Just as not all of those who lobby are paid, so not all lobbying happens in the Offices and Hearing Rooms on Capitol Hill. It happens in local offices, in people's living rooms, through phone calls, letters, and telegrams, at social events and at community meetings. WHAT ARE THE LOBBYING GROUND RULES? Paid lobbyists and those who spend money on lobbying must follow specific legal requirements. The rest of us need to use our knowledge and concern about "our" issues, our common sense and our courtesy. Some basic rules to follow are: 1) Never give bad information. If you lose your credibility, you lose your power. If someone asks a question and you don't know the answer, tell them you'll find out and get back to them by a specific time. (This goes hand in hand with "Don't make promises you can't keep.) 2) Plan in advance and be concise. Legislators are very busy people. Whenever possible, schedule meetings in advance and be on time. Plan in advance to: introduce yourself, describe the group (if any) that you're representing and tell how many members there are, explain very clearly what your issue is and why you think she/he should support you, tell exactly what you want him/her to do. Arrange for a follow-up with the legislator or with a specific staff member. Leave your name, address, phone number and any written information that you have on the issue. 3) Do your homework. Remember that legislators review thousands of bills each session. You are more than likely more of an expert on the issue than she/he is. Make sure you've thought about arguments against your position and are prepared to respond to them. Learn more about the legislator (his/her profession, business interests, legislative and community committees, voting record on related issues, etc.) 4) Develop working relationships with staff members including secretaries. Don't make the mistake of ignoring people who can be very helpful. 5) Be positive. Confrontations aren't usually useful, except as a last resort. It's best to find some point of agreement. If she/he won't support your position entirely, would she/he be willing to go part of the way? Think through in advance how far you and your group might be willing to compromise and be prepared to give a little. 6) Get supportive legislators to talk to other legislators for you. 7) Don't always call just when you need something. As often as possible, call just to say hello or say thanks. 8) If you're doing media work or community meetings, offer to include supportive legislators. 9) Develop both quantity and quality of contacts. Some legislators value 100 postcards on the issue. Others prefer one or two well-written letters. The key is to generate both. 10) Get involved in the political process. As an individual (or if possible, as a group) work for the re-election of your legislative supporters. If you feel that your interests are not represented, get involved in party policy committees and even consider running for office yourself. (PREPARED BY TERRY ROTH) WRITING YOUR ELECTED OFFICIALS Depending on timing and the particular issue, telephone calls, mailgrams, postcards, and petitions are all appropriate methods of communicating with legislators. But in general, the most effective way to get your legislator's attention, convince him/her of your concern and get his/her vote is through timely, thoughtful, well-written letters. You don't need to be an expert on an issue either. Thoughtfully expressing your views as a concerned citizen and constituent can have an impact. Even a handful of letters can win the support of a senator or representative wavering on crucial legislation. Here are a few tips on writing effective letters: How to address your letter: The following forms should be used for communicating with State Officials: GOVERNOR The Honorable __________, Governor, Commonwealth of Pennsylvania, Harrisburg, Pennsylvania 17120 Dear Governor ___________: STATE SENATORS The Honorable ___________, The Senate of Pennsylvania Harrisburg, PA 17120 Dear Senator _____________: STATE REPRESENTATIVES The Honorable ____________, House of Representatives, Harrisburg, PA 17120 Dear Representative ________: CHAIRMEN OF COMMITTEES The Honorable ____________, Chairman, The ______ Committee, House of Representatives (or the Senate) Harrisburg, PA 17120 Dear Chairman ___________: The following forms should be used for communicating with Federal Officials: PRESIDENT OF THE U.S.A The President, The White House, Washington D.C., 20500 Dear Mr. President: U.S. SENATORS The Honorable __________, United States Senator, Senate Office Building, Washington D.C., 20510 Dear Senator ____________: U.S CONGRESSMEN The Honorable _________, House of Representative, House Office Building Washington D.C., 20515 Dear Congressmen _______: CHAIRMAN OF COMMITTEES The Honorable ___________, Chairman, The ______ Committee, Senate (or House) Office Building, Washington D.C., 20510 (Senate) 20515 (House) Dear Chairman ___________: If you're not sure who your Senator or Representative is, call the League of Women Voters toll free at (800) 692-7281 or call your County Bureau of Elections. Your voter registration card will tell you your "ward" number and "district" number. How to Make Sure Your Letter Counts: * Write about one issue only. If you're writing about a specific bill try to give the bill number or the name the bill is known by. * Write on your own personal stationery, unless you've been asked to write a letter as the spokesperson for your organization. If you are the spokesperson, write on the organization's letterhead and try to give an approximate number of people in the organization. * Make your letter brief and easy to read. It should almost never be more then two pages. One page is best. Stick to the main points. * Tell your position on the issue and why you hold that position. Your reasons are very important. * Share your personal experiences. Tell how the bill or action will affect you, your relatives, friends or neighbors. * Ask for the legislator's position on the issue in addition to urging specific action. Ask for a commitment. * Be as positive as you can. If you disagree, make constructive suggestions on how the bill or problem can be improved or eliminated. * Write follow-up letters if necessary: to confirm the legislator's position, to ask questions if his/her letter was unclear, etc. * Always write thank you letters when your legislator has taken the right position or done something you appreciate. (PREPARED BY TERRY ROTH) 1