THE LEGISLATIVE PROCESS€¦ · idaho in context • relatively small, part-time legislature • 2...
Transcript of THE LEGISLATIVE PROCESS€¦ · idaho in context • relatively small, part-time legislature • 2...
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THE LEGISLATIVE PROCESS(and a few other things)
Gary MoncriefUniversity Distinguished Professor of Political Science
Boise State University
NEW LEADERSHIP IDAHO 2019
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First things first…some terminology
• Legislature
• Bicameral
House of representatives; house of delegates
Assembly
Senate
• Leadership positions
President; President pro tem
Speaker, majority leader, minority leader
• Caucus
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Lets start with a few other things
• 1. WHY States matter: while some policies are created or mandated at the national level, a lot of policy is up to the STATE. And different states make different kinds of policy.
• 2. And state legislatures matter because MOST state policy has to pass through the legislature
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The Bridge Over Policy Waters
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In the photo, Lewiston is to the left, Clarkston to the right
In policy terms it’s the reverse; Clarkston (Washington) is to the left, Lewiston (Idaho) is to the right
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Idaho and Washington
Issue Idaho Washington
Recreational marijuana legal? NO YES
Medical marijuana legal? NO YES
Work requirements for Medicaid expansion YES NO
Doctor assisted suicide for terminally ill? NO YES
Minimum wage of at least $9.60? NO YES
Regressive tax structure NO YES
Effective State & Local Tax Rate under 10%? YES NO
In-state college tuition under $7,000? YES NO
Can talk on hand-held telephone while driving? YES NO
“Famous Potatoes” on License Plate? YES NO
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Legislatures are institutions
• And institutions have structure and rules
• And structure and rules guide behavior
• You’ve heard the expression, “stay in your lane?”
• Institutions define the lanes.
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STATE LEGISLATURES ARE LIKE SNOWFLAKES….
……….NO TWO ARE EXACTLY ALIKE
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Some ways that legislatures vary…..
• Chamber size
• District population
• Number of Legislators per district
• Time in session
• Pay
• Staff
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Number of Seats in House
• New Hampshire 400
• Pennsylvania 203
• Georgia 180
• Missouri 163
• Massachusetts 160
• Maine, CT 151
• NY, VT, TX 150
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Number of House Seats, Western States
• Montana 100
• Washington 98
• California 80
• Utah 75
• New Mexico IDAHO 70
• Colorado 65
• AZ, OR, WYO 60
• Hawaii 51
• Nevada 42
• Alaska 40
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State House District population
California 470,000
New Jersey 220,000
Arizona 212,000
Maryland (median) 41,000
Idaho 46,000
Wyoming 9,000
Vermont 4,000
New Hampshire 3,000
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Time in session
• States like California and New York have virtually year-round sessions, with occasional recesses (much like Congress)
• Many states meet 3-4 months a year
• Idaho averages 81 days per year
• Wyoming meets 20 days one year, 40 days the next
• A few states have regular session only every-other year.
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Compensation Levels for State LegislatorsSOURCE: National Conference of State Legislatures 2016
State Base Salary
California $100,113
Pennsylvania $85,339
Michigan $71,685
MEDIAN $21,000 approximate
IDAHO $16,684
New Hampshire $100
New Mexico 0
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Permanent Legislative Staff 2015source: National Conference of State Legislatures
New York 2776
Pennsylvania 2358
California 2098
Mean 523
IDAHO 81
North Dakota 37
Wyoming 36
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Number of states with unified government=36
0
25
50
196019621964196619681970197219741976197819801982198419861988199019921994199619982000200220042006200820102012201420162018
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And most of those are Republican-controlled
• GOP controls 22 unified governments
• Democrats control 14 unified governments
• The remaining 14 are split
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Women in Legislatures
• NEVADA 52%
• COLORADO 47%
• OREGON, WASHINGTON 41%
• VERMONT 40%
• AVERAGE 29%
• WY, AL, SC, TN, LA 16%
• MISSISSIPPI, W. VIRGINIA 14%
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IDAHO IN CONTEXT• RELATIVELY SMALL, PART-TIME LEGISLATURE
• 2 REPRESENTATIVES AND 1 SENATOR PER DISTRICT (EACH HOUSE MEMBER REPRESENTS 46,000 PEOPLE; EACH SENATOR REPRESENTS 46,000 PEOPLE)
• 2 YEAR TERMS FOR BOTH HOUSE AND SENATE
• THUS, NOT THAT MUCH DIFFERENCE BETWEEN HOUSE AND SENATE (COMPARED TO MOST STATES)
• VERY LARGE REPUBLICAN MAJORITY IN BOTH CHAMBERS
• STRONG ROLE FOR COMMITTEES IN LEGISLATIVE PROCESS
• VERY GOOD BUT VERY SMALL STAFF, RELATIVELYSTRONG INTEREST GROUP INFLUENCE
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EFFECT OF THE ELECTORAL CONTEXT
• 40% OF THE DISTRICTS NATIONWIDE ARE UNCONTESTED GENERAL ELECTION
• IN IDAHO, IT IS OFTEN 40-50% OF THE DISTRICTS ARE UNCONTESTED
• MEANING THAT THE ONLY ‘REAL ELECTION’ IS THE PRIMARY ELECTION
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THE POLICYMAKING FUNCTION:LAWMAKING
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Policymaking: percent of bills introduced that pass both chambers (2015-6)
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0
10
20
30
40
50
60
70N
Y
MN
NJ
PA
MA
MO
WV
CT HI
IL IA
OH
WA
FL
SC
TN
MS
WI
KY
VT IN
NM
OK MI
AK RI
TX
AL
AZ
MD
OR
NC
GA
KS
NH
CA
MT
VA
LA
ME
NV
SD
DE
WY
CO
AR
ND ID UT
POLICYMAKING: Percent of bill introductions that pass both chambers (2013-4)
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CONTEXT VERSUS TEXTBOOK
• THE TEXTBOOK VERSION
• THE CONTEXTUAL VERSION
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Three tracks in the legislative process
• Bills that Fly (H116)
• Bills that Die (S1064)
• Bills that Crawl (S1204)
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The basic steps…..
HOUSE SENATE
Introduction, First Reading
▼ ▲
►Introduction, First Reading
▼
Sent to Committee
▼
▲Sent to Committee
▼
Committee Action
▼
▲Committee Action
▼
Second reading Calendar
▼
▲
▲
Second Reading Calendar
▼
Third reading, Debate, Floor vote
► ► ► ► ► ▲
Third reading, Debate, Floor Vote
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Committee Action
• Hold no hearing on the bill
• Recommend the bill “do pass”
• Recommend the bill be tabled
• Recommend the bill “do not pass”
• Recommend the bill be withdrawn
• Recommend the bill be substituted
• Recommend send to another committee
• Recommend bill be amended
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Kill Bill : where bills are killed in the Idaho legislative processOf the bills that are introduced, what percent are killed at what stage?
2010 session
0%
5%
10%
15%
20%
25%
30%
35%
committee floor vote veto other
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2017 Legislative Scorecard
• Legislation Drafted 785
• Printed and Introduced 540 [69% of rs]
• Killed in first committee 144 (27%)
• Killed in second committee 25 (4%)
• Defeated on floor 21 (4%)
• Other 5 (1%)
• Vetoed by governor 8 (1%)
• Passed into law 337 (62%)
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• Study in 20 states, finds most successful bill sponsors are:
• Committee Chairs
• Majority Party members
• Legislators with at least 4 years experience
Who passes bills?
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But it isn’t just about passing bills
• “The power of a committee chairman is huge. It doesn’t matter who supports a bill, if you stick it in your drawer, it’s dead unless the whole body forces it out.”
• Ability to set the committee agenda, determine which bills will be heard when, or if at all.
• Much of the power is the ability to block potential legislation
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Components of the legislative job other than lawmaking
◊Reviewing agency rules and other executive oversight
◊Casework (answering questions, solving problems for constituents)
◊Attending public meetings outside of the legislature
◊Attending interim committee meetings
◊Budget appropriations
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The Legislative Veto
• “During the 2019 legislative session, the Senate and House of Representatives were each asked to review 239 individual rulemaking dockets totaling approximately 1,766 pages”
• 9 pending rule or fee dockets were rejected in whole or part (about 4%)
• “The Legislature did not pass legislation that would have extended administrative rules set to expire on July 1, 2019”
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The casework aspect of representation
• “Constituent service, or casework, is now
an important part of the state legislator’s
job. Casework occurs both during and
after the legislative session ends, and has
become increasingly time consuming.”
• Kurtz, et al, “Full-time, Part-time and Real-time: Explaining State Legislators’
Perceptions of Time on the Job”
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The concept of time
• January: easing into it
• February: the heavy lifting
• March: in like a lion, out like a Tasmanian devil
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The Concept of Time (part 2)
• Thinking about ‘the long haul’: the
meaning of “its time has come”
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WHY LEGISLATURES HAVE A COLLECTION ACTION PROBLEM
Moncrief/boise state university
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PERSPECTIVES
• Short-term perspectives
• Geographic perspectives
• Partisan perspectives
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TIME: short-term versus long-term
Legislators operate in a system based on sequential events: bill introduction deadlines, 3 reading rules, committee action, floor action, other chamber action; candidate filing dates, primary election dates, general election dates.
Quite understandably, this creates a “can’t see the forest because of the trees” syndrome
• Consequence: Eyes are on the short-term prize
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“IT JUST ISN’T IN THE LEGISLATURE’S NATURE TO THINK BEYOND LUNCHTIME.”
--ERIK SMITH, LONG-TIME POLITICAL REPORTER IN OLYMPIA, WA
“EACH LEGISLATURE LIVES IN A TWO-YEAR WORLD. “
“I THINK WE HAVE A REAL PROBLEM WITH LONG-TERM THINKING AND ANALYZING FOR LONG-TERM EFFECTS BECAUSE WE DON’T HAVE THE STAFF.”
--JOHN RUSCHE, IDAHO HOUSE MINORITY LEADER, 2015
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GEOGRAPHIC PERCEPTIONS
• The nature of the American system of representation is geographically-based: everyone is elected from a specific geographic district.
• Consequence: It’s hard to see the forest because everyone is defending his/her particular tree
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Partisan Perspectives
• We are in a period in which the two parties are further apart from one another, ideologically than we have been for a long time.
• Consequence: Don’t want to see the forest because my party’s trees are the only true trees
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TO SUMMARIZE
• THE TEXTBOOK VERSION IS ONLY PART OF THE STORY
• CONTEXT IS VERY IMPORTANT, AND DEPENDS ON THE – STRUCTURE OF THE PARTICULAR LEGISLATURE
– THE PARTISAN MAKE-UP
– WHETHER IT IS AN ELECTION YEAR OR NOT
– UNIFIED OR DIVIDED GOVERNMENT
– THE ATTITUDE OF LEADERSHIP
– THE COMMITTEE CHAIRS
– WHICH INTEREST GROUPS ARE POWERFUL