How to Analyze a Bill and Write a Strong Bill AnalysisNancy FariasDeputy Secretary, LegislationGovernment Operations Agency

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Objectives

Participants will understand the role of the Office of Legislative Affairs and how we interact with the Legislature and the Governor’s Office, and why this matters.

Participants will learn how to analyze a billand write a strong and relevant bill analysis including:

understanding, and developing positions

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What Legislative Affairs Does Provide constituent services to the

Legislature. Coordinate reports to the Governor or

the Legislature. Sponsor legislation. Review every bill that is introduced.

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What Legislative Affairs Does 1 Analyze bills that affect/impact their

Agency/Department/ Board: The Governor’s Office may request

bills that need analyzing, or The department may request to

analyze bills that are of interest or that they may want to weigh in on.

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What Legislative Affairs Does 1

Lobby and testify at hearings on behalf of the approved, position

Prepare staff for hearings and meetings with the Legislature

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Role of the Legislative Deputy, or Legislative Coordinator

• Ensures that all areas of concern are addressed in analyses, correspondence, and testimony with an emphasis on departmental and Administration policy

• Attend meetings and responds to inquiries

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Role of the Legislative Deputy, or Legislative Coordinator 1

• Coordinate with other legislative offices.

• Be objective, analytical, concise, timely, and always work with staff.

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Provide Constituent Services When a member of the public contacts the

Legislature regarding a matter involving your department, your Legislative Affairs office is their contact for getting the matter resolved. As an analyst, if you receive a contact, you

should forward it to your Legislative Affairs office. You may be asked to provide a written

response, or other information to assist with resolving a constituent concern, please be timely in your reply.

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Coordinate Reports to the Legislature Legislatively mandated reports or reports

required in statute should be brought to the attention of your Legislative Affairs office. While at the Legislature, staff could be asked

about these reports and they need to be aware of them and their content.

There are times when old reporting requirements are eliminated through clean-up legislation. If you know of an expired or obsolete report in statute, notify your Legislative Affairs office.

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Example- Chapter 78, Statutes of 2012, SB 71, Leno5 (e) If the Director of the Department of Personnel 6 Administration determines that it is not economically feasible to 7 continue this program anytime after its commencement, the director 8 may, upon written notice to enrollees and to the contracting plan 9 or plans, terminate this program within a reasonable time. The

10 notice of termination to the plan or plans shall be determined by 11 the Department of Personnel Administration. The notice to 12 enrollees of the termination of the program shall commence no 13 later than three months prior to the actual date of termination of 14 the program. 15 (f) Premium rates for this program shall be determined by the 16 Department of Personnel Administration in conjunction with the 17 contracted plan or plans and shall be considered separate and apart 18 from active employee premium rates. 19 (g) The director shall report to the Legislature, prior to the end 20 of the second quarter of the third plan year, on the continued 21 economic sustainability of the Vision Care Program for State 22 Annuitants. 23 SEC. 77. Section 30061 of the Government Code is amended 24 to read: 25 30061. (a) There shall be established in each county treasury 26 a Supplemental Law Enforcement Services Account (SLESA), to 27 receive all amounts allocated to a county for purposes of 28 implementing this chapter. 29 (b) In any fiscal year for which a county receives moneys to be 30 expended for the implementation of this chapter, the county auditor 31 shall allocate the moneys in the county’s SLESA within 30 days 32 of the deposit of those moneys into the fund. The moneys shall be 33 allocated as follows: 34 (1) Five and fifte e n -h u n d re d th s percent to the county sheriff for 35 county jail construction and operation. In the case of Madera, 36 Napa, and Santa Clara Counties, this allocation shall be made to 37 the county director or chief of corrections. 38 (2) Five and fifteen-hundredths percent to the district attorney 39 for criminal prosecution.

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Department Sponsored Legislation Each department can sponsor legislation on

issues that directly affect their department. If you know of a legislative change that

should be made, suggest it to your Legislative Affairs office.

Departments work with the Governor’s Office for approval of sponsored legislative requests. Keep in mind there are deadlines that the

Legislative Affairs office has for submitting the proposals to the Governor for approval .

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Let’s Review the Process(Legislative Process Webinar provided on the CalHR Website )

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Committee Process Bills are referred by the Rules Committee to policy and fiscal committees.

Committee’s set the bills for hearing.Bills are not heard in policy

committee until 30 days after they have been introduced and printed.

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Committee Process 1Hearing dates are published in the Daily File. At this point, as an analyst, you

may be asked to analyze the bill.Bills are also analyzed by the

committee and their analyses are posted.

Hearing held and bill voted on.

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Analyzing Bills It is likely that you will analyze the

same bill several times. It is beneficial to you as an

analyst to subscribe to the bill that you have been asked to analyze. You can do that at www.Leginfo.ca.gov.Follow all amendments and be

prepared to provide an amended analysis.

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Analyzing Bills 1Anytime the Legislature is in

Session, expect to provide analysis.At the end of session, expect due

dates to be very short, sometimes 48 hours. Watch “Gut and Amends.”

Be prepared and stay on top of the bill process!

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Why Me You Ask? When you are asked to provide an

analysis for your department, it is likely because you have the program expertise in that area — you are the expert, use your expertise to draft a thorough analysis and be timely.

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Things to Keep in Mind

How does this bill reflect on the Administration in regards to your department?

Does this affect other departments too?

Should you defer?

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Things to Keep in Mind 1

What is the political climate like? Does this bill fit into that?

Does it cost or save money?

Start with the end in mind, think of the end result and the future impact to your department.

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Start Thinking….. Remember, requests for analyses

can come from various places depending on your organizational structure.The Governor’s Office AgencyYour Department/Board/Bureau

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Start Thinking…..1 Your Secretary/Director, Legislative Deputy/Director, or Legislative Coordinator.

Who is your audience?

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Almost Ready to Begin Your Actual Analysis Always:

Understand the BillRead the source documents

Read the supporting material

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Almost Ready to Begin Your Actual Analysis 1Always:

Speak to othersOther programs, legal, or other departments

Do your research and ask questions!

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California Government Code

When looking at code section you will see there is a lot of helpful information.

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Review

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Now Let’s Begin, Step by Step Start with a Summary and your

recommended Position. Be clear—pretend the reader has little to

no knowledge of the subject; make it clear to an uninformed reader.

Positions include: Neutral—a bill your department likes. Oppose unless amended.

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Now Let’s Begin, Step by Step 1

Positions include (Cont’d): OpposeSupport—only if an

Administration sponsored bill.

No Analysis Required (NAR).Defer to another department

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Development of your Position

What does the impacted Program think? How will it affect the Administration’s, or

your department’s policy or operations? Will it cost or save the state money? Are you the right department to handle

the bill? Would an amendment help the bill? Is it just a bad bill?

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How to Write an Analysis Step by Step

The actual Analysis:

Be succinct and concise; the analysis should be enough words to tell the story, but not wordy.

Why do you need this bill; does the bill address the problem correctly?

Be objective—maintain a professional attitude; avoid descriptive adjectives such as “dramatically” increases or “terrible” public policy

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How to Write an Analysis-Step by Step

The actual Analysis (Cont’d):

Be analytical—program experts are in the best position to predict a bill’s impact on their program. Examine everything carefully to be certain no affects/impacts are missed.

Discuss, Current Law, Proposed Changes, and any Issues.

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How to Write an Analysis-Step by Step 1

Legislative HistoryNote: Background program history

Note: Comparison to Other States

Is there a cost? Note it!

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Is there a cost? (Cont’d)What are the Costs to implement?

What are the funding sources?

Is there an appropriation?Is this budgeted for in the Governor’s Budget?

How to Write an Analysis-Step by Step 3

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Is there a cost? (Cont’d)Are there revenues/savings/cost

avoidances?Does the bill prevent fraud/waste?What are the economic impacts at

the state and local levels?Who is fiscally impacted by this bill

—other state agencies, locals? When does the bill go into effect, and

for how long? Will regulations be required?

How to Write an Analysis-Step by Step 2

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Make note: is there a Legal Impact?

This generally requires coordination with your Legal department. Note any relevant court cases. Legal & Constitutional

interpretations.Always note if there are

gubernatorial Appointments as a result of the bill.

How to Write an Analysis-Step by Step 4

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Who would Support/Oppose and what would the arguments Pro and Con be?

Suggested Amendments (if any). If you have amendments, attach them at the end, but remember, never amend a bad bill.

That should sum it up. Now review all that you’ve written!

How to Write an Analysis—Step by Step

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Don’t Forget: Every analysis has a deadline—

internally and externally. The Governor’s Office will often ask for

analyses with a quick turnaround time. Your analysis is expected to be well-

written, well-thought-out and original!

How to Write an Analysis-Step by Step 6

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Don’t forget: Be accurate—Research facts thoroughly

since the credibility of your department is at stake. Double check previous analyses.

Be timely—Meeting deadlines is critical in order for the department to be effective in negotiating the desired outcome of legislation.

Perspective—The philosophy, policies, and priorities change with each administration.

How to Write an Analysis-Step by Step 7

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Submit your analysis for approval. Remember:

The Governor’s Office:Approves positions on bills.

Office of Legislative Affairs:Makes “recommendations” to

the Governor’s Office.

How to Write an Analysis-Step by Step 8

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Committee Process

Once there is an approved position, the position may be discussed/testified to.Letters maybe submitted noting your position. If you provide testimony, the Legislative

Affairs office can draft talking points, and help you prepare.

You can listen to the hearing over the internet.

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Prepare the Department for Hearings and Meetings Committee Actions:

The bill could be amended. Bill receives the votes necessary to pass

from the Committee to the Floor (this is a majority vote). If the bill fails, reconsideration may be

granted, or the bill may become stuck.

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Wrap it up: Enrolled Bill Reports (EBR)If a bill has survived to the end of

the legislative process, it will go the Governor. The Governor will request an EBR. An EBR is the final departmental

analysis of bills that have passed the legislature

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Wrap it up: Enrolled Bill Reports (EBR) 1

This is confidential advice to the Governor’s Office, and a recommendation on whether to sign or veto a bill

Governor’s office will often call with follow up questions – they want to get it right!

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Then it starts again next session!

Conclusion

While the objective of this webinar is for you to write a strong bill analysis, we hope that familiarizing you with other things that your legislative office does will give you a bigger picture of all things being considered in legislation.

Thank you and Best Wishes!

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Resources for Drafting Analyses

Daily File Daily History Daily Journal Legal Digest Attorneys Program Experts/SMEs Prior Files/Bills/Analysis Legislative Liaison Hierarchy/Protocol within

State/Agency Local Federal Other State,

NGOs, SOS, OAL Existing Laws, Rules,

Regulations

Policies, Procedures, Training Committee Consultants County Library State Library LAO West Law Archives Author’s Office Annotations The WEB Google

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Resources for Drafting Analyses 5

www.leginfo.ca.gov (LegInfo) www.senate.ca.gov (CA Senate) www.assembly.ca.gov (CA Assembly) www.gov.ca.gov (CA Governor)

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Questions and Contact Info

Nancy FariasDeputy Secretary, LegislationGovernment Operations Agency(916) 651-9373Nancy.Farias@GovOps.ca.gov