Policy Formulation and Policy Adoptions Dr. Dan Bertrand LEEA 554

Formulation & Adoption Stage 1: Issue Definition Stage 2: Agenda Setting Stage 3: Policy Formation Stage 4: Policy Adoption. Most obvious stages to most observers A conservative process: (Preservative) Deliberately constructed to make passing laws difficult.

Legislative Proposals & Where They Come From Policy ideas first become legislative proposals (1 st step of formulation) Originate with Legislators, Executives & Administrative Agencies. Legislatures compete with the Executive to advance their agendas Admin Agencies repair the damage. Interest groups look for the most likely agent on their behalf

How Bills are Introduced A legislator can draft a bill and introduce it directly into his house. Chief executives, administrative agencies and interest groups can develop a proposal, get it drafted as a bill but need one legislator from each house to introduce the bill in their house.

How Bills are Drafted 2 nd Stage of Policy Formation is the transformation of a legislative proposal into a bill. Bills must be expressed in a specific format and expressed in legal discourse. Legislative drafting offices usually write bills.

Elements of Correctly Drafted Bill Title Text for enactment (How we do this thing) Definition of Key Terms Effective Date Linkage: Damage control And in Illinois: No unfunded mandates…

How Bills Move Through a Legislature Formal procedures A member of the house introduces the bill by serving as its sponsor and files it with the clerk. EX) HB1926, SB4132 The bill moves to committee (Reference committee) who assigns it to a standing committee for hearing, debate, discussion, revision and deciding if it should move forward. Rules Committee schedules it for a debate on the floor and then a vote (amendments)

How Bills Move Through a Legislature Companion bill moves through the other House. If any revisions it goes to the Conference Committee with equal members of both houses to produce a single mutually agreeable version. The bill then returns to each House for a vote.

Informal Process- Politics of Getting a Policy Adopted Negotiating with a succession of political actors to get them to adopt the bill. Bills are then repeatedly revised and amended. Sponsorship- ideally a member of the majority party who serves on the committee it will be assigned to.

Informal Process- Politics of Getting a Policy Adopted Reference Committee- decides which committee it will be assigned to. The Leader of the House may assign it to a convenient committee for it to die and not to be heard of again. Standing Committee- a bill may be laid on the table or schedule for a hearing. Rules Committee- Negotiate a version of a bill that is acceptable to both houses.

Rule Making 1) Fills gaps in the law 2) Defines the key terms in the law 3) Defines their own internal procedures Steps for Writing Rules 1) Gathering information 2) Provide for public participation 3) Submitting their proposed rules for approval.

Policy Formation and Adoption in the Courts Interpret the laws and write opinions which are collected and published to establish precedents for future interpretations by other lawyers judges. Writing opinions constitute Case Law and become part of the law just as legislation is. Judges can use their power of judicial review to invalidate laws passed.

Judicial System Circuit court where one judge follows precedent makes a ruling. Higher Courts- evaluate the accuracy of the Circuit judges findings Appellate Court- 3 judges Supreme Court- 9 judges (US), 7 judges (State) Chief Justice assigns a member of the majority to write an opinion. (Dissenting opinion0

3 Ways to Influence Legislatures and Agencies Government Relations Professional Organizations Lobbying MONEY & SUPPORT Pull is always superior to Push Read Vignette’s on page

WARNING Friendly Advice Not for the naïve or the uninformed Partisan Activity Campaign Contributions Gifts Nobody stops by just to say hello

Activity Case Study- The Gadfly p. 235 Q 1-4