Strategies for Effective Engagement at the Nebraska

Legislature

Trevor Fitzgerald, Legislative Aide, State Senator Heath Mello

Kaitlin Reece, Legislative Aide, State Senator Sue Crawford

Jennifer Carter, Director of Public Policy, Nebraska Appleseed

Aubrey Mancuso, Policy Coordinator - Economic Stability & Health,

Voices for Children in Nebraska

Unicameral 101 – “Rules of the Road”

• The Nebraska Legislature is the only Unicameral(one house) legislature in the country, as well as the only non-partisan one

• Each of the 49 Senators in the Legislature represents between 30,000 and 35,000 people

• Term Limits in Nebraska limit Senators to two consecutive four-year terms; After sitting out a term, Senators can run again

• The Lieutenant Governor officially presides over the Legislature, but can only vote to break a tie

The Legislative Process

• The Legislature operates in a two-year cycle, called a Biennium

• Each Biennium, the Legislature reorganizes by electing a Speaker and Committee Chairs, assigning Senators to committees, and passing rules

• Legislative sessions last 90 days during odd-numbered years (called a “long session”) and 60 days during even-numbered years (called a “short session”)

• A Special Session may be called by the Governor or by two-thirds of the Legislature

Bill Introduction

• The Legislature has 14 Standing Committees, as well as a number of Select and Special Committees

• Bill introduction takes place during the first 10 days of each session

• Bills are assigned bill numbers in order of introduction (LB 1, LB 2, etc.)

• After bills are referred to committee, each bill is required to have a public hearing

Committee Hearing Process

• Prior to public hearing, the Senator who introduces the bill prepares a Statement of Intent that briefly describes the bill and the reasons why it is being introduced

• After the hearing, the committee can vote to advance the bill for floor debate or move to indefinitely postpone (kill) the bill

• The committee creates a Committee Statement for each bill that is advanced or killed, summarizing the bill’s contents and testifiers in support or opposition to the bill

• A majority vote of the committee is required to take action on a bill; if no action is taken, the bill is held by the committee

Floor Debate

• There are three stages of floor debate –General File, Select File, and Final Reading

• Between stages of debate, bills go through the Enrollment and Review process where technical and harmonizing changes are made

• In addition to amendments, a number of different motions can be made to slow debate or Indefinitely Postpone (“kill”) a bill

The Filibuster

• 25 votes are required to amend a bill or advance it from one stage of debate to the next

• Opponents of a bill can prevent the advancement of a bill by engaging in extended floor debate, referred to as a Filibuster

• A motion to cut off debate, called Cloture, requires 33 votes, allowing a minority of senators to effectively kill bills that would otherwise pass

Vetoes and Overrides

• 25 votes are required to pass a bill on Final Reading, unless the bill contains an Emergency Clause, which requires 33 votes

• After the Legislature passes a bill, the Governor has five days (not including Sundays) to pass or Veto a bill

• The Legislature may Override the Governor’s Veto (requires 30 votes)

Priority Bills

• Bills that are designated as Priority Bills are scheduled for debate before all other bills

• Priority Bills must be designated by the Priority Bill Deadline (usually about the 1/3 point of session); After the Priority Bill Deadline, typically only Priority Bills will be scheduled for debate

• Each senator can designate one personal Priority Bill; Each committee can designate two committee Priority Bills

• In addition, the Speaker can designate up to 25 bills as Speaker Priority Bills

Fiscal Notes and Appropriations Bills

• For each bill, a Fiscal Note is produced estimating the cost to implement the bill or the impact it would have on state revenue

• Bills that have a fiscal cost to implement have an appropriations bill (referred to as an “A” bill) that follows it (example: LB 359A follows LB 359)

• Bills with either a fiscal cost to implement or a negative impact on state revenue cannot pass until after the state budget

The Budget Process

• The state budget process begins in September when state agencies submit their preliminary budget requests

• The Governor must introduce his or her proposed budget by January 15th (February 1st for a newly-elected Governor); corresponding bills are also introduced at that time

• The Appropriations Committee submits its preliminary budget report 20-30 legislative days after the Governor’s budget is introduced

Budget Hearings

• After the preliminary budget report is submitted, the Appropriations Committee holds a public hearing on the Governor’s budget bills

• Each state agency’s budget also has its own public hearing

• Other bills that are referred to the Appropriations Committee are traditionally incorporated into the budget bills rather than being voted out of committee separately

Passing the Budget

• The Legislature is constitutionally-required to pass a balanced budget

• Budget bills must be placed on General File by the 70th legislative day and passed by the 80th

legislative day

• The Governor can Line-Item Veto individual items in the budget, but the Legislature can override the vetoes (requires 30 votes)

Interim to Committee Hearing

Interim

• Every piece of legislation starts with an idea. • Interim studies are a good way to explore those

ideas– can just be the start of a conversation on an issue to

raise awareness– Or can be used to get the data and research you need

to support an issue – It is also a great opportunity to educate senators on

the issue before a bill is brought– It is also the time to figure out what a piece of

legislation really needs to look like to meet the need identified.

Interim

• The interim is also the time to build relationships and visit with senators on the issues you care about

• Again, this can just be educational or you can have a legislative goal in mind

• If you are interested in a particular piece of legislation, or are just aware that one is being developed, this is a good time to talk to the senators and partners involved if you want to help shape the direction that legislation.

Bill Introduction

• Bills are introduced in the first 10 days• They can easily be reviewed on the legislative

website• Advocacy organizations that lobby will be

reviewing them and prioritizing bills that are relevant to their work

• One way to engage is to check in with coalition members and organizations you partner with about what their priorities are as a way of plugging into issues that are key for your organizations.

Bill Introduction

• There may be media around the introduction of the bill you are interested in. – Groups can help by speaking at a press conference or

simply coming to the press conference to show your support.

• Stories, stories, stories!– There is nothing more powerful than direct

experience with an issue.

– Understanding people’s experiences can really help move good policy forward and in the right direction.

Bill Introduction

• After introduction, bills are referred to a committee and eventually a hearing date will be set.

• This is another opportunity.• It can be helpful to speak with committee members and

educate them on your issue before the hearing when a lot of information will be presented to them at once. – You may be educating them for or against the proposed bill

• This can be done in coordination with other coalition members.

• This is also a good time to share stories from people who are directly affected by the issue the legislation seeks to address.

Preparing for the Hearing• The hearing is an important moment to get on the record

the reasons to support (or oppose) the legislation. • If supporting the legislation, talk with the office of the

Senator that introduced the bill to see if they are seeking specific information or testifiers for the hearing. – Depending on what the senator needs, organizations can help

coordinate with their coalitions and other groups on the testimony to avoid repetition, etc.

• If you intend to oppose the legislation, you should also contact the senator who introduced the bill to at least give them the courtesy of letting them know you will be at the hearing in opposition. – You can also meet with them to talk more about your concerns

or suggest modifications to the bill

Hearing

• Stories, stories, stories!

• If organizations are not able to testify, letters of support (or opposition) are also important and helpful.

• Monitoring the hearing to understand the arguments and questions can be helpful to organizations even if they cannot be more involved than that.

• If testifying, make sure you understand the hearing process and the committee chair’s process. – Always state and spell your name for the record

– Bring copies of your testimony

– Some committee’s use a light system so be prepared to limit your comments to 3 – 5 minutes

Before Committee Action

• After the hearing the bill will not move without committee action to either advance it or indefinitely postpone (a.k.a. “kill”) it

• If there were questions at the hearing that need to be answered, it is good to get that information to Senators as soon after the hearing as possible.

• It is also important to continue to have people engaged in communicating with the committee members on the bill.

• Checking in again with the introducing senator to see how they want to proceed is helpful.

Creating Momentum

• Organizations can help in an effort to create momentum for (or against) a bill.

• Help engage your members or those you serve in talking to their senators offices.– Can do this through email action alerts, participating

in phone banks, letter writing campaigns

• Draft OpEds or Letters to the Editor to demonstrate publicly the support or opposition for a bill.

• Support other public efforts like rallies, vigils, etc.

General File

• Once a bill is out of committee, the next step is floor debate, the first stage of which is called General File

• Bills are generally heard in the order they are voted out of committee, but scheduling of bills is at the discretion of the Speaker

• An Agenda of bills to be considered is posted daily (usually the night before) on the Legislature’s website

• General File is typically the most difficult stage to advance a bill from, with the longest period of debate

General File

• 25 votes are required to amend a bill or advance a bill from General File

• Bills that have a fiscal cost to implement have an appropriations bill (aka “A” bill) that follows it (example: LB 359A follows LB 359)

• If a bill is being filibustered, debate on General File is typically limited to 8 hours

• In order to stop a filibuster, a cloture motion to cease debate requires 33 votes

Select File

• Between stages of debate, bills go through the Enrollment and Review process where technical and harmonizing changes are made

• The second state of floor debate is called Select File

• As with General File, 25 votes are required to amend a bill or advance it from Select File

• At any point during General File or Select File, various motions can be made to slow debate or indefinitely postpone (kill) the bill

Final Reading

• The final stage of floor debate is Final Reading, although technically no debate is allowed at this stage

• In order to amend a bill on Final Reading, a motion must first be made to return the bill to Select File

• 25 votes are required to pass a bill on Final Reading, unless the bill contains an Emergency Clause, which requires 33 votes

• If a bill with an Emergency Clause fails to receive 33 votes, it can still be passed without the Emergency Clause

Priority Bills

• Bills that are designated as Priority Bills are scheduled for debate before all other bills

• Priority Bills must be designated by the Priority Bill Deadline (usually about the 1/3 point of session); After the Priority Bill Deadline, typically only Priority Bills will be scheduled for debate

• Each senator can designate one personal Priority Bill; Each committee can designate two committee Priority Bills

• In addition, the Speaker can designate up to 25 bills as Speaker Priority Bills

Supporting a Bill on the Floor

• If you are working closely on a bill and want to be directly involved, you can help the Senator gauge support and opposition to a bill

• Members of the public and lobbyists can be present in the Rotunda outside the legislative chamber to help the Senator address questions that come up during floor debate

• It is also helpful to arm supporters with additional information that might be helpful for floor debate like data, talking points, personal stories and responses to anticipated opposition

Supporting a Bill on the Floor

• Right before and during General File debate can be a good time for Senators to receive emails and calls about a bill

• Fact sheets for all Senators can be helpful• Sending out an “action alert” asking followers of

your organization to contact their own Senator can be helpful

• It is always a good idea to thank Senators who voted for something that you support on General File or Select File, especially if there was prolonged debate or a filibuster

Supporting a Bill on the Floor

• Positive Media during bill debate can be helpful: Op-eds, LTEs, personal stories

• Social media is still only used by a minority of Senators, although younger Senators tend to rely on it more heavily

• Activities like press conferences and rallies can be useful both for generating press and showing public support

How a Bill Finally Becomes a Law

Once a bill is passed by the full Legislature there are three possible ways for it to become law:

1) The Governor signs the bill

2) The Governor takes no action on the bill after five days (not including Sundays)

3) The Governor vetoes a bill and the Legislature overrides the veto (requires 30 votes)

What if my bill didn’t get prioritized or didn’t move this year?

• Bills can be amended into other bills that are germane (generally related to the same subject)

• All bills in the first session of a legislative cycle (aka “long session”) will carry over to the next session (aka “short session”)

• You can use the time between now and next session (the “interim”) to generate support for a bill using the public, the media, meetings, interim study hearings etc.

Questions?

Break Time…Then Lunch Time.

• Please take a break, grab a lunch, and return to your seat

• Our lunch panel discussion will begin at 11:45.

Examples of Successful

Non-Profit Advocacy

Elizabeth Donner, Community Outreach Director, Goodwill Industries, Inc.

Becky Gould, Executive Director, Nebraska Appleseed

Jim Grotrian, Executive Vice President, Metropolitan Community College

Anne Hindery, Chief Executive Officer, Nonprofit Association of the Midlands

Aubrey Mancuso, Policy Coordinator - Economic Stability and Health, Voices for Children in Nebraska

Sergio Sosa, Executive Director, Heartland Workers Center

Moderated by: Tiffany Seibert Joekel, Coalition for a Strong Nebraska