Policy Formulation and Policy Adoptions

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 (1st 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 • 2nd 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 221-228

WARNINGFriendly 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

Policy Formulation and Policy Adoptions