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Understanding How Laws are Passed & Enforced
















In order to understand how policy is developed, one must have an understanding of the present form of government in the United States and how it operates. There are three levels of government: the Federal, State, and Local levels.

There are three branches of government on the FEDERAL level. These include:

1. Executive Branch, which is headed by the President of the United States. Elected to office, he serves a four year term

2. Legislative Branch, which consists of Congress (discussed below). Each Congressional Session lasts two years.

3. Judicial Branch, which is the Supreme Court on the Federal level. Serving a life term, they are appointed, not elected. Courts interpret policy, deciding if a policy is "legal".

CONGRESS is made up of two branches, which are the House of Representatives and the Senate.

1. House of Representatives consists of 435 members, who serve a two year term. The number of members from each state is determined by the population of each state. All fiscal bills are begun in the House. In order for a legislative bill to become law, it must be signed first by the Speaker of the House, then by the President of the Senate

2. Senate consists of 100 members who serve terms of six years. Membership in the Senate includes two representatives from each state. The Senate is to give advice and consent to the executive branch of government.

There are two major political parties in the United States at this time, with numerous smaller parties existing. The two major parties include the: 1) DEMOCRATIC PARTY with a liberal ideology, supporting government intervention in the provision of welfare services to the poor (NEO-LIBERALS are more conservative than the old liberals); and 2) REPUBLICAN PARTY with a conservative ideology, opposing government intervention in the provision of welfare services (NEO-CONSERVATIVES are more willing to deal with social problems than old conservatives).

CHAIRMANSHIPS of major committees is determined by whichever political party is in power at the time.

"Minutes" of what occurs in Congressional meeting each day is recorded in the CONGRESSIONAL RECORD. A Senator can place information into the Congressional Record without even having attended that day.

The FEDERAL REGISTER is an informational bulletin available to the public.

According to an article in the Deseret News dated January 10, 1993, 40% of Utah residents reportedly are Republican, 22% are Democrat, and 36% are Independent. The Senate is composed of 62% Republicans and 38% Democrats, while the House consists of 65% Republicans and 35% Democrats.

Racial or ethnic minorities represent 9% of the Utah population, while the Senate contains no minorities, and only 3% of the House is represented by minorities. Females hold 7% of the senate seats and 16% of the House seats, although they represent 50% of the population.

The three branches of government at the STATE level correspond to those on the federal level:

1. The Executive Branch includes the Governor, who has the right to call the State Legislature back into session for discussion of issues not covered in the regular session.

2. The Legislative Branch consists of the State Legislature. In Utah, the Legislative Session lasts 45 days.

3. The Judicial Branch in the state consists of District Court.

The STATE LEGISLATURE is made up of two branches similar to the Congress. Utah State Legislature includes:

1. House which has 75 members who each serve a term of two years. Membership in the Utah House is determined by the population of the state; there is one representative for every 20,000 people.

2. The Utah Senate has 29 members, whose terms are four years in length. Membership is made up of one representative per every 50,000 people in the population of the state.

The state legislature has three vital functions: 1) to consider and act upon bills proposed as the basis for state laws; 2) to appropriate funds which will permit agencies and institutions of the state to carry out their responsibilities; and 3) to identify and study issues for future action.

Essential components for proper functioning of the Legislature include:

-- broad citizen and community involvement in order to identify public policy areas needing legislative action. This will also help formulate bills together with factual data that will justify favorable action Then there must be a sponsor found who will file a bill and handle it in the respective Houses. Citizens can also evaluate and support desirable budgetary requests.

-- an effective organizational structure which includes a House and a Senate and elected leaderships of each House, and two types of Committees 1) STANDING COMMITTEES which consider the bills which have been filed, and 2) JOINT APPROPRIATION COMMITTEES which consider and take action on the budget requests of agencies and institutions and refer their approved budgets to the Appropriations Executive Committee which prepares the State Budget for presentation to the House and Senate for final approval

-- a professional full-time staff, who studies budget requests made by state agencies prior to the Legislative Session and makes recommendations to the appropriate Joint Appropriations Committee. It also analyzes bills, placing emphasis on those with a fiscal note, and recommends the appropriateness of the legislation as well as the amount of money required for implementation. One part of the staff examines and reviews each bill to determine its legal form. Another part researches costs and attaches the fiscal note to those requiring expenditures of state funds, which then becomes a part of the state budget.

DECISION-MAKING THEORIES:

1. Traditional Model - public spirited citizens form planning groups, make rational decisions and propose fair plans.

2. Power Pyramid - a few prominent, powerful business leaders influence politicians and impose decisions on those lower in the social structure.

3. Yale Polyarchic Power - different issues each have different leadership patterns.

4. Qualified Diffused Influence Model - influence is spread among many different interest groups.

ECONOMICS OF FUNDING POLICY:

1. Keynesian Economics - the government regulates the flow of money, with the increase in government subsidies resulting in increased production.

2. Supply-Side Economics - (Reagan's trickle-down theory) believes that tax dollars are better used to help spur economic growth by helping businesses grow, with the concept that economic growth will create more jobs, income and goods.

3. Socialism - believes that social welfare programs support businesses and serve as a form of social control. They blame Capitalism as the cause of need for social welfare.

4. Traditionalist - believe that God's laws should be the laws of state; there should be no separation of church and state. Under this policy, there is little tolerance for welfare programs.

5. Libertarians - believes in very little or no government regulation; wants more responsibility by the people.

6. Self-Reliance - prefers low technology, and local solutions. All production is for internal use.

HOW A BILL BECOMES A LAW IN UTAH

A Bill goes through a complex process to become law, and may originate in the House of Representatives or the Senate, with a general appropriations bill customarily being introduced in the House. Following is normal procedure for a bill to become law:

1. At the request of constituents, a Representative prepares to introduce legislation.

2. The Representative explains the proposal to a staff attorney. The staff attorney then checks existing law and the constitutionality of the proposed legislation.

3. A bill is drafted by the Legislative General Counsel.

4. Copies of the bill are made and delivered to the Representative, who signs the approval sheet and returns it to the Legislative General Counsel.

5. Copies of the bill are delivered to the Clerk of the House of Representatives and a number is given to the bill.

6. The bill is introduced by title (first reading) the first time and referred to the Committee on Rules, who orders the bill printed and refers it to the standing committee.

7. In public session, standing committee familiarize themselves with the bill and decide to approve it without amendments.

8. Standing committee reports the bill favorably to the House.

9. Committee report is read by the Clerk (second reading), and adopted by the House. The bill is placed on the calendar for the third reading.

10. The bill is read by title (third reading) by the Clerk and explained by its patron (the Representative who introduced it) who then answers questions concerning the bill.

11. Question is called and by a recorded roll call vote the bill is passed by the House of Representatives.

12. When the bill is passed, it is sent by a communication to the Senate informing them that the bill has passed the House and request is made for further action of the Senate.

13. In the Senate, the bill goes through substantially the same procedure as it did in the House. At second reading, the bill is voted upon and must pass in order to advance to third reading. After third reading, it is debated before passage by a constitutional majority.

14. After passage by both Houses it is examined by Legislative General Counsel and is signed by both presiding officers and referred for engrossing .

15. Legislative General Counsel examines the bill, preparing it in final form with all amendments included.

16. It is then printed and sent to the Governor for approval.

17. Bills enacted at a regular, budget or special session are effective 60 days after adjournment, unless otherwise dated. (From "How a Bill Becomes A Law in Utah")

PERCOLATOR EFFECT

The Percolator Effect illustrates how a social concern becomes policy. PEOPLE have concerns, which are affected by their attitudes, priorities and values. The people form special interest groups; join a given political party which represents their views; and/or affect outcomes by their voting and polls. These LINKAGE INSTITUTIONS bring the issues to the attention of the elected officials. These issues and priorities are then presented as bills by the elected officials (POLICY AGENDA). POLICY-MAKING INSTITUTIONS, (which include the President, Congress and Courts on the Federal level; Governor, Legislature and Courts on the State level; County Commissioners and Courts on the County level; and Mayor, City Council and Courts on the city level) then go through the process of modifying, compromising, PEOPLE Measure the impact values and concerns of the policy and accepting or rejecting the bill, which then becomes policy if accepted. The POLICY goes to bureaucracies, who come up with "how" the policy will be put into effect. (Congress passes laws, but bureaucracies make the policy that puts those laws into effect.) After the policy is put into effect, the PEOPLE judge the usefulness and impact of the policy.

(adapted from Louise Lintz, RN, MSW)

LOBBYING

Lobbying is essential to the Legislative process. No individual senator or representative is able to become fully informed on every bill or budgetary request. Therefore, he or she must rely upon other sources to provide data on upcoming requests. A Lobbyist should always be positive and friendly, never threatening or abusive, and should be well-informed by attending meetings where pertinent material is being presented.

Marilyn Sandberg, a child welfare advocate in the state of Utah has some step-by-step suggestions for addressing a problem:

1. Ask a lot of questions -- be informed about the need, costs, and those to be benefitted

2. Define the problem

3. Describe the kinds of services needed to solve the problem

4. Work with policy-making boards to get their endorsement; also local agencies that may help your cause, such as the PTA.

5. Bring together groups to discuss methods to make the plan work. Empower teams to go out and motivate local agencies.

6. Seek possible methods of funding. Additional taxes to the people will mean an uphill battle for you.

7. A sponsor in the Legislature is necessary; choose one who is influential, interested in your problem, and who is in the majority political party. Be sensitive to his/her time constraints.

8. Legislative lobbying is enhanced by the following:

-- Prepare questions and answers for the people who will be speaking to committees

-- Letters of endorsement from agencies and influential individuals

-- Geographically placed people to contact their own legislators and lend their support to the legislation

-- Compromises will likely be necessary. Decide in advance what you would be willing to sacrifice or compromise on, and what you consider vital to your cause Media coverage to focus attention on your problem and the upcoming legislation

TEN COMMANDMENTS OF LOBBYING

1. Never lie or mislead a legislator about the relative importance of an issue, the opposition's position or strength, or any other matter.

2. Look for friends in unusual places. In politics, a friend is someone who works with you on a particular issue -- whether a Democrat or Republican, liberal or conservative -- even if that person or group opposes you on every other issue.

3. Never cut off anybody from contact. Do not let a legislator consider you a bitter enemy because you disagree; today's opponent may be tomorrow's ally.

4. Do not grab credit. "Nothing is impossible if it does not matter who gets the credit."

5. Your word is your bond. Never promise anything you cannot deliver.

6. Do not waste time on opponents who are publicly committed to their position. It is more productive to shore up known allies and to lobby legislators who are least committed or who claim to be neutral or keeping an open mind.

7. Never forget to notice and thank anyone who has helped you. The "good ole boy/good ole girl" system is alive and well in Springfield.

8. Do not gossip. Knowing legislators' peculiarities and peccadilloes is one thing; talking about them is another. Remember that discretion is the better part of valor.

9. "When you are crossed politically, don't get mad. Get even." (Bobby Kennedy) The power of the ballot box is yours.

10. Carry a rabbit's foot. In lobbying you can know your opponent; you can develop imaginative and reasonable compromises; you can burn the midnight oil to digest all the arguments; but it can all go right down the drain if you don't have a little luck.

(From the Legislative Support Center's Manual of Public Interest Lobbying in Illinois. Copyright Sept., 1979; reprinted with permission)

Large organizations, public or private, influence policy. Beyond the PACs (Political Action Committees), bureaucracies, and other interests groups, there is some question as to whether we in the United States have the handle on making our own policies as we claim. Some suggest that we no longer have a pluralist country (where political decisions are made by constantly changing coalitions of many political forces). This idea was expressed by C. Wright Mills in his book The Power Elite; that we are now ruled by a small unified "ruling class:"

There is no longer, on the one hand, an economy and, on the other hand, a political world, containing a military establishment unimportant to politics and to money-making. There is a political economy numerously linked with military order and decision.

This triangle of power is now a structural fact, and it is the key to any understanding of the higher circles in America today. For as each of these domains has coincided with the others, as decisions in each have become broader, the leading men of each -the high military, the corporation executive, the political directorate - have tended to come together to form the power elite of America.

One of the major reasons, according to Mills, that there is a close cooperation and unity among these elite is that they come from common social backgrounds; they come from upper-class and upper-middle-class white families living in urban areas of the country. They attended Ivy League schools together and have closely inter-connected "networks" sharing common interests (and wishing to protect those interests!).

Interestingly enough, the person who coined the term "military-industrial complex," and who enthusiastically warned the US public against it was President Dwight Eisenhower, the former 5-star General and head of the Normandy Invasion during WWII! His statements were very similar to Mills on the subject of a ruling elite.

Robert Michels spoke out on this concept and coined the phrase "iron law of oligarchy." It is his position that all large organizations (corporate or political) are "inevitably" ruled by a few powerful people. His reasoning is that the entire membership of any large organization simply cannot make day-to-day decisions and, therefore, delegate power to a small group or a single individual. That power position is further strengthened by control of the information, money, and facilities granted under such an arrangement; this self-perpetuates control and enables the powerful to improve and refine their leadership positions - including protecting those positions.

If you look at a few concepts, it appears there may be some strength to these arguments:

1) America is the world's largest producer and exporter of military weaponry. We out-distance second place by a huge margin.

2) Nearly one-third of our own federal funds goes to the military, making it the largest single customer of American business

3) Our current peace-time figure of troops in the military is more than 2 million, whereas we only had 3.5 million at the peak of the Viet Nam War.

4) According to the General Accounting Office, there is a 91% chance of a major cost overrun on the average military contract.

5) Fraud and waste, according to the General Accounting Office, costs the Department of Defense at least $15 billion per year.

6) The budgets of many of our multi-national corporations are many time larger than that of the GNP of many of the countries in which they locate.

7) Evidence suggests that our corporations are simply using-up the resources of these countries (even to the point of economic control, due to sheer dominance in the market place, over what is produced in these countries).

8) Many of those same countries spend the money they make from our multi-national corporations to buy weapons from us--bringing the money full-circle back to the power elite.

It appears that lobbyists, special interest groups, and PACs have an influence not only in our own country, but in the politics and economics of other countries. This concept is what some (those who study and hold to World Systems Theory) say the "New World Order" is all about--keeping third world countries not as direct "political colonies," but as "economic colonies."

Yet social policy change usually is a direct response to social movements, and these interest groups are social movements. It, therefore, seems that interest groups will continue (indeed must) to influence social policy in a large society such as our own.



















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