Understanding Legislative Process for Lawyers: Strategies and Tips

The Legislative Process: What Every Lawyer Should Know Les Spahn, Nikita Koraddi, Nick Oliver

Developing Legislation Develop ideas early and vet with stakeholders (after end of session and before the beginning of the new year is ideal). Learn the history of an idea was it previously introduced as a bill, disposition, opposition, support, what s changed since then? If sponsoring legislation think about which house in which to originate a bill, who the author should be and, if possible, what code in which to place your proposed statute this can affect to which committees the bill is assigned. Does the bill require an urgency clause? Does the bill create a local mandate? Will the bill need an appropriation to become operative and whether there is money in the budget for that purpose?

Stakeholders and Building Support Know who your stakeholders are, including potentially affected agencies and other interest groups. Keep people advised, especially if there are changes. Don t be insulted if you are directed to meet with staff and not a member of the Legislature. Staff understand the issues, advise the member, and write the talking points if the member will speak on the bill in committee or on the floor. Do a thoughtful one-pager a fact sheet about the bill, what it will do, and how it will change the law. Identify support and opposition, if you know. Fact sheets should have two sentence summary of the bill, a problem statement about what the bill addresses, a summary of what current law says, and statement of how the bill changes current law plus a list of support.

Timing is Understand the timing of the legislative process and legislative deadlines. Get amendments in early. Proposed amendments will have to go to legislative counsel, then to the committee, and then cross the desk before they are in print. All of that takes time. If you re unsure, draft alternative sets of amendments (but be respectful of Leg Counsel s staff s time, don t draft 20). Talk to the leg counsel deputy after the bill request has been to submitted to ensure the deputy knows what you are trying to do and why you are trying to do it the way you drafted the language. Leg staff can help set that up. Do not procrastinate until the last Committee hearing date get on the first committee hearing date. Often, stakeholders will not pay attention to your bill until it is set for hearing. If you find yourself with unexpected opposition, you will not have time to fix it and ask to move to a later hearing if you are on the last hearing. Also, most of the problem bills wind up on the last hearing.

Timing is Schedule meetings with Committee staff at least 3 weeks before the bill hearing they will complete their analysis and brief their Chair the week before the hearing (or earlier). If they suggest amendments, you want time to get them in to Leg Counsel and back so that they are in print for the public and the Committee staff s analysis.

Show Me the Money Understand the mystery that is the Appropriations Committee. Members have too many bills. They will be told to play Sophie s Choice and cull the herd. Make sure your bill is in good shape so that the member perceives success. Be aware of potential fiscal impacts and the need to get through Appropriations. Talk to affected agencies to see if they support/oppose the bill and would like to see any amendments

Show Me the Money Affected departments almost always put a higher cost on a bill than you ever expected because they are afraid if they underestimate the cost they will never get the appropriation they need to implement the bill. Know that Appropriations Committee and the Department of Finance almost never do a dynamic analysis of a bill i.e. an expenditure of X today will save Y in the next 3 years never. That kind of analysis has to be conveyed in separate testimony and lobbying.

Other Advice Understand the Governor s budget and trailer bills. Trailer bills are a policy bill implementing the budget. Understand and use the Daily File. Track bills by subscribing through leginfo.legislature.ca.gov. The Legislative Session is two years. If your bill winds up carried over to the second half of the Legislative Session (a two-year bill ), know what your new deadlines are to move the bill. Know the differences between Senate Rules and Assembly Rules. It can affect the timing of floor amendments.

Other Advice Your honesty and reputation important. Word gets around the building fast. Start every year fresh, as you may have new allies. Sometimes your opponent the year before is your best ally the next year. Don t count people out.

Know Your Way Around Don t get lost in the building the floors don t align! The old part of the Capitol has 3- digit room numbers and the new part of the Capitol where the members offices are has 4-digit room numbers. The first floor of each building is the same, but the 2ndfloor of the old building is the 3rdfloor of the new one, etc. The Senate s colors are red and the Assembly s are green, this is true for the Senate and Assembly chambers and mostly true for the linoleum in front of the hallways of the member s office, but not always true. The offices of the Legislature s leaders, the Senate pro Tempore (pro Tem) and Assembly Speaker, are in the old part of the building.

Know Your Way Around Some of the Committee staff are in the Capitol and some are in the Legislative Office Building across from the Capitol -at the corner of 10thand N. If you know a member s district, you know their Capitol phone number! Assembly phone numbers are (916) 319-20XX. The XX is the District. For example, Cecilia Aguiar-Curry is in Assembly District 04, her phone number is (916) 319-2004. Senate phone numbers are (916) 651-40XX. For example, Ben Allen is in Senate District 26. His phone number is (916) 651-4026.