The Legislative Game
It is said that the processes of legislating making and sausage making are too similar - the end product tastes good but you don't want to see it being made. Unfortunately, there is a great deal of truth to that statement. It may disturb some people to hear it, but the democratic process is messy and is not designed for efficiency or ease of administration. Our government is based on the principle of checks and balances; a structure that is supposed to assure that no branch of government, no particular agency or interest group, can take control. It is intended to give every person an opportunity to have her concerns voiced and considered regardless of wealth, religion, race or other individual factors. Making that goal a reality is not a simple task; it can be complicated, time-consuming, and frustrating. For those who are new to the system, it can be completely overwhelming.
There are many descriptions of the legislative process and budget process that outline procedures, times lines and roles of key policy makers and elected officials. The purpose of this summary is to highlight some of the elements of the process that are not as well-known or understood. Consider it the "real person's" guide to the legislative game.
- The Legislative Process Is a Year-Round Proposition
Technically the Connecticut General Assembly meets for 3 months (in even-numbered years) and 5 months (in odd-numbered years). However, by the time the Connecticut General Assembly convenes in January (odd years) or February (even years) legislators have set their priorities, the budget has been developed and task forces have submitted reports and recommendations. In effect, the game is already underway and if you're just starting you're at a disadvantage. - The Time Demands During the Session are Exhausting
Once the legislative session starts, your elected officials are constantly expected to be at meetings at the Capitol and in their districts. Most legislators serve on three committees that often have responsibility for very diverse functions such as health care, the environment and transportation. It is difficult to get a legislator's time or attention at the Capitol. You must be persistent and focused with a brief, clear message and specific requests. - Legislators Develop Expertise and Influence in Specialized Areas
There is no way that every legislator can be an expert on all the complex issues that they consider, ranging from special education to solid waste management. As a result, each specialized committee is relied upon to be an expert and within that committee members will develop their own areas of expertise. This can give a relatively small number of people a lot of power on issues--so it's important to know which legislators are working on your issues so that you can tailor your message to their level of expertise. Also, understand that with the vast majority of legislators you usually know more about your issues. With them, it's important to cover basics and to be clear. - Notices of Meetings & Hearings Are Extremely Short
While committees set up regular meeting times, rank & file members often do not know what topics or bills are going to be discussed until the day before the meeting. Similarly, the agenda for public hearings is printed in the legislative bulletin only five days in advance--counting the date it is printed, the day of the hearing and counting weekends. That provides little opportunity to prepare. Don't wait until the last minute to line up witnesses, get information or plan for events related to the hearing. - Public Hearings Frustrate Everyone
Despite efforts to improve the system, public hearings frustrate legislators, lobbyists and the public. The number of bills on the agenda at a hearing can range from one to fifty and they may or may not be on related topics. People are required to show up early and stand in line for hours to sign up to testify. Public officials testify during the first hour and often longer. Despite time limits (usually 3 minutes), many witnesses speak at length because legislators ask questions. Legislators usually have to leave for other meetings and hearings after a few hours, leaving the last witnesses to speak to one or two committee members. Unfortunately, some legislators take advantage of their status to ask personally embarrassing questions or comment on the motivations of the witnesses.
One component of the hearing process, the value of which is difficult to assess, is written testimony. At the time an individual signs up to speak, one is asked to submit at a minimum 50 copies of written remarks. Written testimony can be used to expand upon the three minutes worth of actual remarkss made at a hearing but should again be as clear and concise as possible. Committee clerks place written testimony in individual committee member files for their review either during the hearing or afterward should a legislator miss the actual testimony or need a refresher prior to voting on a bill. Some legislators read every copy of written testimony and other read none.
Most frustrating is the way the hearing process is used more to "demonstrate" than educate. If a group does not generate a large turnout at a public hearing, legislators often suggest that there is not enough interest or concern about the issue. However, when large crowds appear at a hearing, legislators comment that the event is orchestrated, testimony is duplicated and the advocacy group is accused of wasting the legislators' time. Public hearings cannot be ignored, but they are only a small component of an advocacy effort. - Multiple Hearings & Committees
If the public hearing process weren't difficult enough, there are frequently two or three hearings before different committees on bills that pertain to the same basic subject. For example, proposals relating to open space preservation might be heard by the Environment Committee, then sent to the Planning & Development Committee, the Finance Committee and the Appropriations Committee. This makes it very difficult to monitor and influence legislative proposals.
In addition, a single bill frequently has to be reviewed by more than one committee because it involves topics that relate to different committees. Of course, the most common second committees to review bills are the Appropriations and Finance Committees because some costs are involved. The Judiciary Committee is also a committee to which many bills are referred for reasons that may not always be obvious. Keep a close eye on the bouncing bill. - Issues Are Rarely as Simple as They Seem
Many people approach legislators with ideas that sound simple--and maybe a few of them are. However, there are usually opposing interest groups and others with vested interests lurking about, to scuttle even the simplest concept. Consider the bureaucrats and turf issues relating to a program; the potential conflicts about how it should be implemented; who should run it; who should enforce or evaluate it; does it affect powerful interest groups like big business, unions, seniors? - It Is Easier to Kill a Bill Than Pass One
The process is tricky. Having a bill filed is not particularly hard, but getting it passed in the form that you want is another matter completely. There is an almost endless list of procedures and delaying tactics that can be used to slow a bill down and kill it. These techniques are convenient ways for legislators to avoid voting on controversial issues or prevent a bill that has majority support from passing. There is a great deal of maneuvering taking place, particularly late in the session when time is short. It is critical that a group interested in legislation have a mechanism for staying informed in a timely manner. Get connected with coalitions or other groups that have lobbyists and provide updates and alerts. Stay in touch with sponsors and supporters to make sure they're paying attention. Remember the process is exhausting and distracting and it's easy to lose track of a bill. - An Issue Is Never Dead Until the Session Ends
Nothing can be taken for granted at the State Capitol. Just as bills can die in strange and mysterious ways, proposals can be resurrected or completely new proposals can appear seemingly from nowhere at any time. That is one of the reasons that lobbyists constantly check the House and Senate clerks offices to review amendments that have been filed. Even when there is an understanding that a compromise has been negotiated and accepted, legislators file amendments that violate these agreements. There is a rule that amendments must be "germane," ie., substantively related to the bill, but that still leaves a lot of latitude for interpretation. In fact, it is not unusual for non-controversial bills to die because it is known that a controversial amendment has been filed on it, and the leadership does not want a lengthy debate or a divisive vote on the amendment--particularly late in the legislative session. - Watch Those State Agency Personnel
Agency personnel are often credited with having the "best information"--even if that's not always the case. It is important to monitor an agency's position and information carefully. One of the more frustrating components of the legislative process is trying to talk to a representative or senator once they're in a legislative session. There are velvet ropes to keep the lobbyist and the public out of the areas immediately outside the House and Senate chambers. To add insult to injury, there are only a few seats in the outer area and there is no way to monitor what is going on inside the chambers. All of this creates an air of chaos and frustration in the hallways. State agency personnel, however, are permitted to go within the velvet ropes and onto the floor of the House and Senate. This provides them with a significant advantage in trying to communicate with legislators during the session. - Everyone Is Looking for Ways to Focus Attention on Their Issues and Concerns
Because the hearing process is so frustrating and the schedules so packed, every interest group looks for a way to get an "inside track." There are legislative breakfasts and receptions; billboards and newspaper ads; letter-writing campaigns and op-ed pieces; rallies, marches and hunger strikes; buttons, badges and t-shirts. The Legislative Office Building can seem like a three-ring circus--and it is. It's best to communicate away from the fray, if you can. - Money Talks but Constituents Vote
Of course, we can't forget the tried and true method of getting legislators' attentions: lobbyists, campaign contributions and fund-raisers. They do not get the vote but they can sure help get a legislator's attention.
But constituents count...a lot! Despite all of the influences at the Capitol, legislators care about what their constituents think and want. You may not have money but you have votes. It does not take huge numbers of people to get a legislator's attention if they're constituents--five or ten can make a big difference. The number needed depends on the issue and potential controversy. You need to be a constant presence. The legislator should know you're watching and will be around at election time. Let them know when you are displeased and when you appreciated their support or vote. - Legislators Need to Hear from a Diverse Range of Interests
While legislators listen to constituents, it is particularly important to consider a range of interests or perspectives on an issue. Try to identify unexpected allies; the more diverse the voices speaking on a single issue, the better the chances of influencing the legislator. It pays to be creative, reach out and not spend your time "preaching to the choir." - Sometimes It's Hard to Know Who Did What to Whom
Some argue that the only way the democratic process works is through the art of "compromise." And that is true. However, the end result is that it is often very difficult for voters to hold individual legislators accountable on specific issues. Difficult, controversial issues, are negotiated behind closed doors and it is difficult to assess who acted as "champion" and who worked against you. Therefore, it is useful to be associated with groups that can provide insight on a legislator's real role on key issues of concern to you. - It's Not as Imposing as it Seems
Influencing the legislature is not as difficult as these rules may suggest. It's just important to understand how the game is being played. Then decide how you and your allies are best equipped to play the game. Use your circle of influence to your advantage, listen to your "coaches" and keep practicing.
This document, in its original form, was written by Jan Van Tassle, Director of CT Legal Rights. It has been revised for the National Audobon Society.
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