Legislative Process Training

1. Legislative Process Training DGS University November/December 2012

2. Today’s Focus • How DGS interacts with the Legislature • What the Office of Legislative Affairs does • How the Legislature can affect you and your job • How you can help DGS deal effectively with the Legislature

3. The Legislative Process

4. How the Legislature Can Affect DGS • Example: AB 2442

5. DGS Legislative Affairs • We read every bill that might affect DGS and analyze the ones that do. • We lobby and testify on behalf of DGS’ official positions on bills. • We field inquiries from the Legislature and coordinate responses—investigations, program/statistical information, and constituent assistance/complaints. • We prepare the department for hearings and meetings with the Legislature. • We coordinate reports to the Legislature.

6. Analyzing Bills • We read every bill with a potential DGS impact and self-assign bill analyses. • Other bill analysis assignments come from Agency or the Governor’s Office. • We analyze bills from December through September. • We may analyze the same bill several times as it is amended. • Increasingly, the Governor’s Office is asking DGS for analyses of bills affecting local government on issues within DGS’ expertise.

7. Taking Positions • DGS’ official actions on bills (sponsoring, taking positions) require approval from Agency and Governor’s Office. • If DGS does not have an approved position, we can still provide information but do not actively lobby for/against a bill. • Need early start to get an approved position from the Governor’s Office in time to affect the bill.

8. Analyzing Bills: Potential Positions • Neutral • Oppose Unless Amended • Oppose • No Analysis Required • Defer to Other Department • “Support” is used only for Administration-sponsored bills. Other bills we like are “Neutral.” • “Neutral if Amended” is rarely used by DGS.

9. How Do We Pick Our Position? • What does the program think? • How will it affect existing policy/operations? • Will it cost DGS or our customers money? • Is another department better positioned to handle the bill? • If it’s bad, can it be salvaged with an amendment? • If it can’t be salvaged with an amendment, how bad is it?

10. What We Need From You Differs depending on the bill, but these are common themes: • How law, policy, and practice would change if bill were enacted • Pitfalls/problems that would arise • Realistic estimate of fiscal impact of implementing bill • Quick turnaround (sorry!)

11. Enrolled Bill Reports • DGS’ final analyses of bills that have reached the governor’s desk. • Represent DGS’ confidential advice to the governor on whether to sign or veto bill. • Nearly all are done in September—very busy time. • We get lots of follow-up questions from the Governor’s Office—please bear with us. • Fiscal estimate in EBR is particularly important because it may form the basis of a BCP. • Governor signs many more bills than he vetoes—this is why it’s important to address problems during the legislative process.

12. BCPs for Enacted Legislation • Budget Change Proposals (BCP) are due very soon after the governor signs a bill. • If the Enrolled Bill Report does not reflect the cost of implementation, DOF may not approve the BCP. • Be prepared to provide detailed support for your assumptions and analysis.

13. DGS-Sponsored Legislation • DGS sponsors legislation on issues that directly affect the department. • Agency and Governor’s Office approval are required for all sponsored legislation. • Legislative Affairs sends a memo every summer indicating that year’s deadline for legislative proposals.

14. Handling Legislative Inquiries • Take down the person’s name, office, telephone number and question. • Courteously explain that you are referring the inquiry to Legislative Affairs. • Contact your assigned Legislative Affairs analyst and explain the question. • Be prepared to provide information and/or refer the analyst to others familiar with the matter.

15. Legislative Reports • Can be tedious and time-consuming, but are required by law. • Governor’s Office does not like legislative reports and is interested in reducing. • Chiefs and deputy directors—please let everyone involved know about required reports and deadlines.

16. Conclusion • The legislative process is cyclical; there are deadlines throughout the year. • Frequently short timeframes to get information to the Governor’s Office, Agency, committees, and member offices. • BCPs are due very soon after the governor signs a bill. • Contact Legislative Affairs for any legislative inquiries, issues or concerns.

17. Contact Us Bo Nishimura, Deputy Dir. DSA, OPSC 916.376.5045 AracelyCampa RESD, Energy/ Environment, ORIM 916.375.6737 Matt Bender, Manager Procurement, OLS, IT 916.376.5008 Robert Ullrey OSP, Fleet, OAH, Audits, EEO, OFS, OHR, OSPPR 916.376.5044