THE LOBBYIST’S ROLE IN THE U.S. LEGISLATIVE PROCESS

The legislative process begins when someone believes that a new law is needed or that an old law should be changed. Lobbyists representing say a given association are responsible for making lawmakers aware of how a bill will impact the industry. In addition to the role of introducing proactive legislation to help their industry, lobbyists play defence by reading each bill that is introduced, writing a summary of the bill and sending that summary to key member companies asking them to assess the potential impact the proposed legislation would have on their operations.

Lobbyists, constituents, advocacy groups and government agencies may make suggestions, but only legislators may request a bill to be drafted, introduce legislation, and vote on a bill. When an association member makes the staff aware of a problem, lobbyists representing the association :

• Look at the current statutes;
• Determine possible legislative solutions;
• Find the appropriate bill sponsor in both Chambers;
• Encourage appropriate legislators to co-sponsor;
• Work with bill drafting attorneys;
• Manage the bill through committee and floor votes;
• Manage the bill through committee and floor votes in the Senate; and
• Make sure that the bill is veto-proof when the President receives it

Legislative staff attorneys, working closely with the bill’s sponsor, draft appropriate legal language and give the bill a descriptive title. The bill sponsor can direct staff attorneys to allow a lobbyist to work with staff on drafting the bill and a lobbyist can find co-sponsors to the bill prior to its introduction. The bill sponsor then sends the bill to the House or Senate Principal Clerk, who assigns it a bill number. This is called “first reading.”

Following this first reading, the bill is assigned to a committee. Standing committees have a regular weekly schedule. Before a bill is heard in committee, lobbyists visit individually with each member of the committee to explain the sector’s perspective on the bill. They explain how it would impact operations in that legislator’s district and they ask the legislator how he/she intends to vote.

If it appears that lobbyists do not have strong support in the committee, lobbyists may engage their grassroots lobbying network. The lobbyists will then e-mail or call key companies who are specifically impacted by the bill and ask that association members contact specific legislators and ask them to support the association position. The lobby team will develop and provide members with talking points or a standard letter that they may use when communicating with legislators about specific issues.

Sometimes lobbyists will assemble a coalition of other organizations that may be impacted by a particular piece of legislation. Coalitions provide added support, manpower and resources, and show legislators that several different organizations are united in their support of or opposition to a bill.

When the bill is scheduled for a committee hearing, lobbyists present written and oral testimony and respond to questions from committee members. Committees may debate an issue on several occasions to allow the public to comment before taking action on a bill.

In the case of a controversial issue, a committee may schedule a public hearing on the bill. Legislators can amend the original language. Bills that pass a committee may be sent to a second committee for discussion, or it may move on to the floor. It usually takes one or two days for a bill to pass out of committee before it moves to the floor, during which time the lobbyists will contact every member of the chamber to explain the bill, talk about the bill’s support in committee and ask for each legislator’s support.

This is also the time when lobbyists meet with the bill sponsor or committee chairman who will present the bill on the floor. At this meeting, the lobbyists provide the legislator with anticipated floor questions and appropriate answers. The lobbyist gives the floor manager the anticipated vote count. It is not unusual for the lobbyists to write a floor speech for the bill sponsor or presenter. On this second reading, the sponsor or committee chair presents the bill to the full chamber, at which point, citizens and lobbyists are no longer allowed to comment. Legislators can ask questions or offer amendments and their votes are recorded and made available to the public.

A controversial bill that had a prolonged debate on second reading may experience even longer debate on third reading. Written amendments may be offered both in committee as well as on the floor, which can completely change a bill from the way it was introduced. A bill that lobbyists supported when it left committee could be amended on second reading so that lobbyists now oppose it. In such a case, lobbyists will want the bill sponsor to object to third reading to allow the lobbyists to have a chance to lobby the full chamber and ask that the members amend the bill to its original form, re-refer the bill to committee so that it stays there indefinitely, or amend it to an acceptable compromise. A majority must vote in favor of the bill for it to proceed to its “third reading.” At third reading, there may be more discussion and additional amendments before legislators take a final vote on the bill.

All bills that are approved by one chamber are then sent to the other chamber and the entire process is then repeated. For example, if a Senate bill passes through its committee and passes second and third readings on the Senate floor, it will be sent to the House. There the bill will be read on the House floor, assigned to a House committee, and if it is voted out of the House committee, it proceeds to second and third readings on the House floor. If there were any changes made to this Senate bill in the House, the bill must be sent back to the Senate (house of origin) for the Senate to concur with the House amendments. If the Senate members do not concur, the bill then will be sent to a Conference Committee (usually three legislators from each chamber) to work out a compromise.

The lobbyists can work with the conference committee members to discuss the proposed compromise language. Bills that pass both houses of the legislature are sent to the President for his signature. The President has three options: He can ratify the bill; not sign the bill but allow the bill to be become law without his signature; or veto the bill. The legislature can override the President’s veto with a two-thirds vote of each chamber. All newly ratified laws are recorded and are updated after the legislative session has adjourned.