Teacher's Guide

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Teacher’s Guide State Lawmaking Time Needed: One to Two Class Learning Objectives. Students will be able to: Periods  Illustrate how a bill becomes law

 Identify the role of state governments in policy-making Materials Needed: Student worksheets  Explain the influence on the legislative process of political parties, interest groups, grass roots organizations, Copy Instructions: lobbyists, public opinion, and individual voters Reading (5 pages; class set)  Analyze the effectiveness of citizen efforts to influence Activity (2 pages; class set) decisions of state and local governments  Describe the processes of initiative and referendum STEP BY STEP

 ANTICIPATE by asking students to predict how many bills actually make it to the governor’s desk and receive a signature into law. Ask why they think the number is high or low? What might impact the success of a bill?

 DISTRIBUTE the “State Lawmaking” reading notes page and reading pages to each student.

 READ through the first page with the class, discussing each idea source and clarifying as needed. If your state has recently experienced a referendum or initiative, this is a great time to introduce it to the students.

 ASK students to continue to read the two pages that follow, using their reading notes to keep track of the legislative process. Then, return to the anticipation questions. Why would the system make the process of lawmaking so difficult? Is this a good thing or a bad thing? Discuss.

 READ the introduction to the “Spotlight on Interest Groups and Lobbying” with the class.

 ASK students to break down the definition in the space provided. You can do this with the students using the teacher guide page, or ask them to complete individually then review together. (This is a good collaborative white board activity.)

 READ the remaining portion of the Spotlight page, discussing any questions as they arise.

 DISTRIBUTE the “State Lawmaking” activity pages to each student.

 ASK students to complete the two worksheet pages.

 REVIEW the answers to the activities on the worksheets. Many are open-ended questions that will benefit from class discussion and consensus building. The teacher guide versions provide suggested answers for sections A and C, but there may be additional correct responses.

 CLOSE by asking students to think of one way citizens are involved with the lawmaking process (directly or indirectly). Call on volunteers until you have the minimum: direct voting in referendums, initiatives; participation in interest groups; testifying at a committee hearing about a bill; suggesting a bill by contacting an elected official; helping author a bill; election of officials that make laws; etc.

© 2016 iCivics, Inc. You may copy, distribute, or transmit this work for noncommercial purposes only. This copyright notice or a legally valid equiva- lent such as “© 2016 iCivics Inc.” shall be included in all such copies, distributions or transmittals. All other rights reserved. Find this lesson and more at www.iCivics.org. State Lawmaking Name: Note As You Go! Use this template to put the lawmaking process in your own words. Try to use any new vocabulary, and if you don’t know how to say it- try drawing it!

© 2016 iCivics, Inc. Reading Notes State Lawmaking Name: The Lawmaking Process The process of making and changing laws at the state level is very similar to that of the federal government. An idea turns into a written bill and that bill is introduced on the floor of the legislature. Then it moves through the legislative gauntlet of !! ?? committees, hearings, floor debates, and amendments. At the end of a session, a successful bill is placed before the governor. There it may be signed into law, ignored into law, or vetoed. But this process leaves out a lot of interesting details... Where do the ideas come from? How do legislators know how to vote? How does your average citizen get involved?

Where do the ideas get their start? The idea behind a bill can come from a variety of sources. By looking at these sources, we meet the people outside of the legislature that can impact how policy is made.  The Legislator: Often the elected official has a specific agenda, area of expertise, or experience that can lead to an idea for a bill. These officials also receive messages and ideas from their constituents.  Government Agencies: The state executive branch is responsible for carrying out the laws, and sometimes they see a need for those laws to be revised or replaced. In those situations, the governor can request a bill for that state department or agency.  Special Interest Groups: People or companies that share a concern or mission may gather into interest groups. Lobbyists (representatives of interest groups) use their collective voice to educate lawmakers on their issues and promote ideas for bills. They may focus on one specific lawmaker and persuade him or her to sponsor, or introduce, a bill. They may also work to grow support across many lawmakers to support a bill already introduced.  The Citizen/Constituent: In all the cases above, a citizen of a state can act as the catalyst for a bill. Writing letters to their legislator, engaging with state agencies, and participating in interest groups all provide access to the lawmaking process. Citizens can also participate in town hall meetings and vote in initiatives and referendums that open up the process.

Referendums allow citizens to vote Initiatives allow citizens to suggest bills directly on a law. Popular referendums to the legislature to consider, or even push let citizens of a state vote to repeal a new a bill directly to the ballot for a vote. law that is unpopular.

© 2016 iCivics, Inc. Reading - Side A State Lawmaking Name: Who Writes the Bills? Specific rules about drafting a bill vary from state to state, but almost anyone can actually write the language for a bill. Legislators can write the first draft based on their own idea or on input from a constituent. If the Secretary of State (part of the executive branch) wants to make a change to the state’s election law, she may draft the bill. If a lobbyist for a group like S.A.D.D (Students Against Destructive Decisions) has a bill designed to decrease underage drinking, he may write it. Regardless of who writes it, the policy will need to be formatted based on the state’s rules and will require a sponsor, or champion, in the legislature to introduce the bill and see that it makes its way through the lawmaking process. On To the Committee! Once the bill is introduced by the sponsor or co-sponsors in their chamber of the legislature (let’s have this example start in the State Senate), the content of the bill goes under the microscope of a legislative committee. These committees investigate, debate, and revise bills within a general area of legislation like agriculture or transportation. While the bill is in committee, public hearings are held to allow experts and witnesses to testify and present evidence. The goal is to help committee members decide if they need to revise the bill, present it for a vote, or let it die through inaction.

Hearings and Testimony Who are these experts and witnesses and what do they offer? Depending on the topic of the bill, members of the legislature, government officials, representatives of interest groups, academics, and citizens may be called to provide testimony at a hearing. These people may offer research, personal stories, strong opinions, impact studies, and evidence relating to a specific bill in committee. Hearings can also focus on a topic that impacts a number of bills, like education or prisons. Witnesses are asked to submit written testimony, as well as be available to answer questions from committee members. A bill related to underage drinking may call in law enforcement officials to speak on arrest rates, a student to talk about a personal experience with alcohol abuse, and a doctor to discuss the impact of drinking on brain development in young people. Most hearings are open to the public, and may even allow people like you to sign up and give your own testimony. If you care about an issue, check out your state legislature website to see if there are any issues that you’d like to speak about. Each state is different, but there are many opportunities to engage in this part of the process.

© 2016 iCivics, Inc. Reading - Side B State Lawmaking Name: The Gauntlet: Part One Bill to Law Success After all the testimony has been reviewed, the committee takes another look at the bill. Does it need to be altered? Do amendments need to be added? These changes can be done to improve the bill or to reach compromises between supporters and opponents that were heard during the hearings. The fate of the bill is now in the hands of the committee, who will vote to do one of the following:  Recommend that the bill be passed as is, or with amendments, out of committee and sent directly to the floor of the State Senate for consideration.  Recommend that the bill be sent to another committee for additional discussion.  Send the bill to the floor of the legislature or another % committee without a recommendation for passage.  Keep it in committee for an indefinite time.  Vote it down, ending the process. % Only the first two options will actually see the bill reach the next step of the journey. Many, many bills that get caught up in the last three options, never advance and “die in committee”.

The Gauntlet: Part Two If a bill makes it back to the floor of the state senate, it faces additional obstacles. (But, let’s assume this is a superstar bill that keeps advancing.) The bill is re-introduced to the state senators in a second reading. They then review the text and have the chance to suggest and vote on additional amendments. If the updated version is approved, it is read for a third time. The senators then vote for the bill to be sent to the other chamber of the legislature for a repeat of both sections of the gauntlet we’ve just reviewed! If the two chambers can agree on the bill, they send it along to the Governor.

To Sign, or Not to Sign? Now that you understand the process, you can see that it is pretty impressive that a bill has made it all the way to the desk of the governor. But that doesn’t mean it’s destined to become a law. Once the governor receives the bill, he or she can sign it into law. If the governor vetoes the bill, the legislature may attempt an override vote to make it into law. There is a third way a bill can become a law: if the governor ignores it, the bill can automatically become law after a certain amount of time. This time varies from state to state.

Special interest groups rely on hired professional lobbyists to help promote changes in government policy on a number of issues such as drug abuse, taxes, migrating birds, and other areas of concern like business. There are many different definitions for the term “lobbying.” Here’s one we can understand by breaking it down into parts:

Break It Down. Use the quoted text above to answer the questions.

How can lobbyists influence government? Lobbyists can take a number of approaches when they represent the needs and concerns of interest groups.  Inform the public and elected officials about issues that matter to the interest group. This can be through testifying at committee hearings or through private communications with office holders.  Donate money to political campaigns of candidates who share and support the concerns of the interest group they represent.  Endorse a candidate running for office and suggest that the group’s members vote for him or her. Lobbying: Role, Rights, and Regulations The day to day actions of lobbyists engaging with government officials is a basic part of government life. Lobbyists and other advocacy groups contribute to the political process by supplying industry expertise that helps legislators and regulators make decisions. This role has been protected by the Constitution as part of the First Amendment’s recognition of the right to petition the government. Unfortunately, many people first hear about lobbyists when bad things happen. While such events can happen, they are the exception rather than the rule, and here’s why: Lobbyists do not have unlimited access to elected officials. As with other First Amendment rights, there are restrictions on how lobbying is done. These restrictions require that lobbying be conducted in an open manner – that lobbyists report their activities, how much money they spend and how they spend it – for the benefit of all citizens. © 2016 iCivics, Inc. Spotlight - Side A State Lawmaking Name: A. Concept Squares. Read the terms in the squares and circle the one that doesn’t fit. Then, explain how the remaining three words are related, based on what you’ve learned in this lesson.

Referendum Initiative Testimony Committee

Popular Public Sponsor Governor Referendum Hearing

1. Which word does not belong? ______3. Which word does not belong? ______2. How are the other words related? 4. How are the other words related?

Government Impact Lobbyist Floor Vote Agency Studies

Personal Legislator Committee Research Stories

5. Which word does not belong? ______7. Which word does not belong? ______6. How are the other words related? 8. How are the other words related?

B. Bill Inspiration. Take a close look at this idea web. Identify which example from each group would most likely lead to the bill in the middle. Circle the correct option for all four categories.

a. Sits on Transportation a. State Department of Committee Education b. Former high school b. Attorney General’s Office principal c. Department of c. Campaigned to cut taxes Corrections

a. Forest & Paper Association a. Doctor worried about rising medical costs b. Entertainment Software Association b. Professor with struggling college freshman c. Coalition for College Success c. Out-of-state businessman

© 2016 iCivics, Inc. Lesson Activities - Side A State Lawmaking Name: C. Legislation Motivation. The lawmaking process is full of people making individual choices. Read each decision, pick one by circling it, and consider possible motivations through the questions below.

The success of a bill is due, in part, to how good Many bills fail because they are ignored: in its sponsor or co-sponsors are at promoting and committee, while waiting to receive a reading or pushing for action. Why would a legislator decide vote, or by the governor once it is delivered. Why to sponsor or co-sponsor a bill ? might someone at any stage decide to ignore a bill?

What is a risk related to your What is a benefit of your action? State one thing you’d have to action? consider before you could decide to take this action.

D. It’s Your Turn. Did you know you were included in that list of “idea starters”? As a member of your community and a future voter, you can introduce ideas for bills in your state. Pick an issue that you care about and fill in the chart below to see how it can be done!

Break It Down. Use the quoted text above to answer the questions. What is it? How does it work? Who does it serve? efforts to influence political through various forms of on behalf of another person, decisions advocacy directed at policymakers organization or group

Now, put the quote in your own words. Lobbying is… Answers will vary, but check for all three sections of the definition.

Lobbying: Role, Rights, and Regulations The day to day actions of lobbyists engaging with government officials is a basic part of government life. Lobbyists and other advocacy groups contribute to the political process by supplying industry expertise that helps legislators and regulators make decisions. This role has been protected by the Constitution as part of the First Amendment’s recognition of the right to petition the government. Unfortunately, many people first hear about lobbyists when bad things happen. While such events can happen, they are the exception rather than the rule, and here’s why: Lobbyists do not have unlimited access to elected officials. As with other First Amendment rights, there are restrictions on how lobbying is done. These restrictions require that lobbying be conducted in an open manner – that lobbyists report their activities, how much money they spend and how they spend it – for the benefit of all citizens. © 2016 iCivics, Inc. Spotlight - Side A State Lawmaking **TEACHER GUIDE** A. Concept Squares. Read the terms in the squares and circle the one that doesn’t fit. Then, explain how the remaining three words are related, based on what you’ve learned in this lesson.

Referendum Initiative Testimony Evidence

Popular Public Sponsor Governor Referendum Hearing

1. Which term does not belong? Sponsor 3. Which term does not belong? Governor 2. How are the other words related? 4. How are the other words related? Referendum, initiative, and popular referendum Testimony, evidence, and public hearing are all are all examples of citizens influencing the law- part of the committee review process. making process directly.

Government Impact Lobbyist Floor Vote Agency Studies

Personal Legislator Committee Research Stories

5. Which term does not belong? Committee 7. Which term does not belong? Floor Vote 6. How are the other words related? 8. How are the other words related? Lobbyist, government agencies and legislators Impact studies, research, and personal stories can all be the source of the idea for a new bill are all examples of testimony presented at a (or could be the author of a new bill). committee hearing.

B. Bill Inspiration. Take a close look at this idea web. Identify which example from each group would most likely lead to the bill in the middle. Circle the correct option for all four categories.

a. Sits on Transportation a. State Department of Committee Education b. Former high school b. Attorney General’s Office principal c. Department of c. Campaigned to cut taxes Corrections

© 2016 iCivics, Inc. Lesson Activities - Side A State Lawmaking **TEACHER GUIDE** C. Legislation Motivation. The lawmaking process is full of people making individual choices. Read each decision, pick one by circling it, and consider possible motivations through the questions below.

The success of a bill is due, in part, to how good Many bills fail because they are ignored: in it’s sponsor or co-sponsors are at promoting and committee, waiting to receive a reading or vote, or pushing for action. Why would a legislator decide by the governor once it is delivered. Why might to sponsor or co-sponsor a bill ? someone at any stage decide to ignore a bill?

What is a risk related to your What is a benefit of your action? State one thing you’d have to action? consider before you could decide to take this action. A- Some of your voters may not A- A successful sponsor will get like the content of the bill that some credit if the bill passes, A- How my constituents feel you are promoting- and don’t and supporters of the bill will about the bill. Who can co- vote for you in a re-election. appreciate the effort. sponsor. Likelihood of success. B- You may be accused of B- You can avoid being on B- How the bill would impact inaction, or failure to do your record for voting for or against my constituents. What kind of job. a bill that may be controversial. support or opposition the bill Governors may not want to has. have signature on a law.

Answers will vary- look for informed choices. You can give students an area, like school safety if they are stuck.