Legislative Glossary
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Paul Bettencourt an Open Letter to the Citizens of Senate District 7
T E X A S S T A T E S E N A T O R Paul Bettencourt An Open Letter to the Citizens of Senate District 7 COMMITTEES: CAPITOL ADDRESS INTERGOVERNMENTAL RELATIONS - VICE-CHAIR P.O. BOX 12068 EDUCATION AUSTIN, TEXAS 78711-2068 FINANCE (512) 463-0107 HIGHER EDUCATION FAX: (512) 463-8810 SENATOR PAUL BETTENCOURT DISTRICT 7 Dear Friends and Neighbors, It is my privilege to represent you in the Texas Senate. The interim since the 84th Texas Legislature adjourned last session has been busy, as the Lieutenant Governor assigned the Senate nearly 100 interim public policy charges to study prior to the upcoming session. One of them was, of course, property tax reform and relief. I wanted to update you on what we accomplished in the last session as well as during the interim, and give you an overview of some of the priorities we will be addressing in the upcoming session. During my first legislative session in 2014, I served as chief Senate sponsor on 25 bills which gained legislative approval, earning me the distinction of “Freshman of the Year” by Capitol Inside. This legislation included passage of the Andrea Sloan “Right to Try” bill, allowing terminally ill Texas patients access to drugs still in the FDA’s approval pipeline. In fact, Houston physician Ebrahim S. Delpassand stated before the United States Senate Committee on Homeland Security and Governmental Affairs that he is using the state’s “Right to Try” Act to successfully treat about 80 patients. I also added an amendment to SB 1760 requiring a 60% supermajority within a taxing jurisdiction to increase property taxes over the effective rate. -
87Th LEGISLATIVE SESSION and COVID RESTRICTIONS On
87th LEGISLATIVE SESSION AND COVID RESTRICTIONS On January 12, 2021, lawmakers from across the state will convene the 87th Texas Legislative Session, meeting for the Regular Session over the following 140 days through May 31. This will be the first time that all 181 legislators will come together since the beginning of the Covid-19 pandemic, and the virus is top-of-mind for everyone involved. While the Governor recently announced the re-opening of the Capitol building on January 4, we have minimal knowledge of the health and safety protocols the members, staff and Capitol visitors will have to follow when they enter the building next week. It will surely be a much different environment than previous sessions. We know the following requirements will be in place as of today, per a memo released by the State Preservation Board last week: • The Capitol building will only be open from 9 a.m. to 6 p.m., Monday through Friday; it will be closed Saturday and Sunday for cleaning. • The public may only enter through the North Capitol entrance. • Covid testing will be encouraged and provided on the North Plaza at no expense. • A mask will be required to be worn inside the building at all times. • All deliveries to the Capitol, including food and beverage, must be left at the loading dock; no delivery personnel will be allowed beyond the loading dock or through the public entrance. • No public tours or groups or sponsored event space will be available. • The House and Senate will manage public access to their offices once convened and rules are adopted, and the public will need to check with the offices directly for specific guidelines. -
Congress's Power Over Appropriations: Constitutional And
Congress’s Power Over Appropriations: Constitutional and Statutory Provisions June 16, 2020 Congressional Research Service https://crsreports.congress.gov R46417 SUMMARY R46417 Congress’s Power Over Appropriations: June 16, 2020 Constitutional and Statutory Provisions Sean M. Stiff A body of constitutional and statutory provisions provides Congress with perhaps its most Legislative Attorney important legislative tool: the power to direct and control federal spending. Congress’s “power of the purse” derives from two features of the Constitution: Congress’s enumerated legislative powers, including the power to raise revenue and “pay the Debts and provide for the common Defence and general Welfare of the United States,” and the Appropriations Clause. This latter provision states that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Strictly speaking, the Appropriations Clause does not provide Congress a substantive legislative power but rather constrains government action. But because Article I vests the legislative power of the United States in Congress, and Congress is therefore the moving force in deciding when and on what terms to make public money available through an appropriation, the Appropriations Clause is perhaps the most important piece in the framework establishing Congress’s supremacy over public funds. The Supreme Court has interpreted and applied the Appropriations Clause in relatively few cases. Still, these cases provide important fence posts marking the extent of Congress’s -
Senator Bettencourt Files SB 28 in the Texas Senate to Create Educational Opportunities for Texas Families
FOR IMMEDIATE RELEASE March 11, 2021 Contact: Cristie Strake (512) 463-0107 [email protected] Brian Whitley (510) 495-5542 [email protected] Senator Bettencourt Files SB 28 in the Texas Senate to Create Educational Opportunities for Texas Families Public Education Chair Harold Dutton filed identical companion, HB 3279 in Texas House The Charter School Equity Act will help more Texas students access public schools that meet their needs AUSTIN – Senator Paul Bettencourt (R-Houston) and Chairman Harold Dutton (D-Houston) file The Charter School Equity Act, which levels the playing field for successful public charter schools that are prepared to meet the needs of more Texas families. This bipartisan legislation has 11 joint-authors in the Texas Senate including Senators Birdwell, Buckingham, Campbell, Creighton, Hall, Hughes, Lucio, Paxton, Perry, Springer, and Taylor. Representative Harold Dutton (D-Houston) filed the companion bill, HB 3279, in the House. “Parents deserve to be in the driver’s seat when it comes to the education of their children,” said Senator Bettencourt. “This legislation ensures that public charter schools, which have a remarkably successful track record, can continue to give families access to schools that work for them.” he added. "Public charter schools are meeting the needs of families across Texas," said Representative Harold Dutton. "I'm pleased to work with Senator Bettencourt and my colleagues in the House on this important legislation that will give more students the opportunity to thrive." SB 28 puts parents and students first by preventing local governments from forcing charter schools to follow different rules than ISDs regarding zoning, permitting, and construction. -
NO. PUBLIC CITIZEN, Petitioner, V. CLERK, U.S. DISTRICT COURT
NO. IN THE PUBLIC CITIZEN, Petitioner, v. CLERK, U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals for the D.C. Circuit PETITION FOR A WRIT OF CERTIORARI ALLISON M. ZIEVE Counsel of Record ADINA H. ROSENBAUM BRIAN WOLFMAN SCOTT L. NELSON PUBLIC CITIZEN LITIGATION GROUP 1600 20th Street, NW Washington, DC 20009 (202) 588-1000 Counsel for Petitioner August 2007 i QUESTION PRESENTED Article I, section 7, clause 2 of the United States Constitution requires that, before a bill can become a law, it must first be passed in identical form by both Houses of Congress. With respect to the Deficit Reduction Act of 2005, (“DRA”), the House of Representatives never passed the version of the DRA that was enrolled and sent to the President for his signature. Therefore, the bicameralism requirement was not met. The question presented is: Whether this Court’s decision in Marshall Field & Co. v. Clark, 143 U.S. 649 (1892), precludes the federal courts from considering a challenge to the validity of the DRA on the ground that it was enacted in violation of the bicameralism requirement. ii TABLE OF CONTENTS QUESTION PRESENTED ......................... i TABLE OF AUTHORITIES ....................... iv OPINIONS BELOW .............................. 1 JURISDICTION.................................. 2 CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED ..................................... 2 STATEMENT OF THE CASE ...................... 3 A. The Legislative Process . 3 B. The Deficit Reduction Act Of 2005 . 4 C. Proceedings Below ......................... 7 REASONS FOR GRANTING THE WRIT . 9 I. The Decision Below Renders The Constitution’s Bicameralism Requirement Unenforceable . 9 II. -
§ 23. Executive Reorga- Nization Plans
POWERS AND PREROGATIVES OF THE HOUSE Ch. 13 § 23 which may constitutionally crease efficiency; group, coordi- be exercised by Congress, nate, and consolidate agencies; re- but also rulemaking and en- duce the number of agencies by forcement powers which consolidation; and eliminate over- have been delegated to other lapping and duplication of ef- branches of government. The fort.(6) These purposes could be Speaker and President pro achieved by transferring all or tempore may appoint mem- part of an agency or the function bers to commissions whose thereof to another agency; abol- authority is restricted to in- ishing all or part of the functions vestigation and information- of an agency; consolidating or co- gathering. Buckley v Valeo, ordinating the whole or part of an 424 U.S. 1 (1976). agency with another agency or the same agency; authorizing an offi- cer to delegate any of his func- § 23. Executive Reorga- tions; or abolishing the whole or nization Plans part of an agency which did not have or would not, as a con- The President was, prior to sequence of the reorganization, 1973, authorized to reorganize an have any functions.(7) Under this agency or agencies of the execu- statute a reorganization plan tive department if he submitted a could not create, abolish, or trans- plan to each House of Congress. A fer an executive department or provision contained in a reorga- consolidate two or more executive nization plan could take effect departments. only if the plan was transmitted A reorganization plan accom- before Apr. 1, 1973,(5) since the panied by a declaration that the authority of the President to reorganization was necessary to transmit reorganization plans had accomplish a recognized purpose not been extended beyond that must be delivered to both Houses date. -
Case 1:19-Cv-01974-TNM Document 113 Filed 08/04/21 Page 1 of 37
Case 1:19-cv-01974-TNM Document 113 Filed 08/04/21 Page 1 of 37 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA COMMITTEE ON WAYS AND MEANS, UNITED STATES HOUSE OF REPRESENTATIVES, Plaintiff–Counterdefendant, No. 1:19-cv-1974-TNM v. UNITED STATES DEPARTMENT OF THE TREASURY; INTERNAL REVENUE SERVICE; JANET YELLEN, in her official capacity as Secretary of the United States Department of the Treasury; and CHARLES P. RETTIG, in his official capacity as Commissioner of the Internal Revenue Service, Defendants–Crossdefendants, and DONALD J. TRUMP; THE DONALD J. TRUMP REVOCABLE TRUST; DJT HOLDINGS LLC; DJT HOLDINGS MANAGING MEMBER LLC; DTTM OPERATIONS LLC; DTTM OPERATIONS MANAGING MEMBER CORP.; LFB ACQUISITION MEMBER CORP.; LFB ACQUISITION LLC; and LAMINGTON FARM CLUB, LLC d/b/a TRUMP NATIONAL GOLF CLUB-BEDMINSTER Intervenors–Counterclaimants– Crossclaimants. ANSWER AND COUNTERCLAIMS/CROSS-CLAIMS Intervenors—Donald J. Trump, The Donald J. Trump Revocable Trust, DJT Holdings LLC, DJT Holdings Managing Member LLC, DTTM Operations LLC, DTTM Operations Managing Member Corp, LFB Acquisition Member Corp., LFB Acquisition LLC, and Lamington Farm Club, LLC d/b/a Trump National Golf Club-Bedminster—respectfully submit this responsive pleading pursuant to Federal Rules of Civil Procedure 12 and 24(c). 1 Case 1:19-cv-01974-TNM Document 113 Filed 08/04/21 Page 2 of 37 ANSWER 1. Intervenors deny that the Committee’s requests are valid oversight requests or that they are entitled to any relief. Intervenors admit the rest. 2. The text of Section 6103(f) speaks for itself. Intervenors admit that Congress enacted the Revenue Act of 1924 in 1924. -
Legislative Process Lpbooklet 2016 15Th Edition.Qxp Booklet00-01 12Th Edition 11/18/16 3:00 PM Page 1
LPBkltCvr_2016_15th edition-1.qxp_BkltCvr00-01 12th edition 11/18/16 2:49 PM Page 1 South Carolina’s Legislative Process LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 1 THE LEGISLATIVE PROCESS LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 2 October 2016 15th Edition LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 3 THE LEGISLATIVE PROCESS The contents of this pamphlet consist of South Carolina’s Legislative Process , pub - lished by Charles F. Reid, Clerk of the South Carolina House of Representatives. The material is reproduced with permission. LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 4 LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 5 South Carolina’s Legislative Process HISTORY o understand the legislative process, it is nec - Tessary to know a few facts about the lawmak - ing body. The South Carolina Legislature consists of two bodies—the Senate and the House of Rep - resentatives. There are 170 members—46 Sena - tors and 124 Representatives representing dis tricts based on population. When these two bodies are referred to collectively, the Senate and House are together called the General Assembly. To be eligible to be a Representative, a person must be at least 21 years old, and Senators must be at least 25 years old. Members of the House serve for two years; Senators serve for four years. The terms of office begin on the Monday following the General Election which is held in even num - bered years on the first Tuesday after the first Monday in November. -
Legislative Reports and Proposals
United States Department of Legislative Reports Agriculture Office of Budget Analysis and Proposals May 2002 DM-1260 DM 1260-001 April 12, 2002 Legislative Reporting Procedures Table of Contents Page 1 PURPOSE 1 2 SPECIAL INSTRUCTIONS/CANCELLATIONS 1 3 ABBREVIATIONS 1 4 INQUIRIES 2 5 WHAT IS A LEGISLATIVE REPORT? 2 6 WHO REQUESTS LEGISLATIVE REPORTS? 2 a OMB 2 b Congress 2 c USDA 2 7 OBPA OVERSEES ALL LEGISLATIVE REPORTS AT USDA 3 a Initiates Tracking 3 b Assigns a Preparing Agency 3 c Prepares a Red Jacket 3 d Sends Advance Copies 3 8 THE CONTENTS OF A RED JACKET FOLDER 3 a Information included on the cover of a red jacket 3 b Information included within a red jacket 4 9 THE ROLE OF THE PREPARING AGENCY 4 a Writes a report 4 b Consultation and Clearance with Other Agencies 5 c Red Jacket Handling Requirements 5 d Requesting extension of due date 5 e Use of “no comment,” “concur,” and “no objection” responses 5 f Marking up draft legislative reports and proposals from other agencies 5 g Avoid contacting OMB and Congress directly without approval 5 h Advise OCR and OBPA of all direct requests 5 i Use electronic files during final clearance to avoid delays 6 j Special consultation with OGC required for legislation involving litigation 6 i DM 1260-001 April 12, 2002 Page 10 REVIEWING AND CLEARING LEGISLATIVE REPORTS 6 a Some General Guidelines for Reviewers of Legislative Reports 6 b Order of USDA Clearance 7 c Reviewing Agencies other than OGC and OBPA 8 d OGC Review 8 e OBPA Review 8 f USDA Policy Official Review 9 11 OMB REVIEW 9 a OMB -
The Legislature
6 The Legislature Key Terms Ad hoc Committees (p. 241) Also known as a working legislative committee, whose mandate is time-limited. Adjournment (p. 235) The temporary suspension of a legislative sitting until it reconvenes. Auditor General (p. 228) An independent officer responsible for auditing and reporting to the legislature regarding a government’s spending and operations. Backbenchers (p. 225) Rank-and-file legislators without cabinet responsibilities or other special legislative titles or duties. Bicameral legislature (p. 208) A legislative body consisting of two chambers (or “houses”). Bill (p. 241) A piece of draft legislation tabled in the legislature. Budget (p. 236) A document containing the government’s projected revenue, expenditures, and economic forecasts. Budget Estimates (p. 237) The more detailed, line-by-line statements of how each department will treat revenues and expenditures. By-election (p. 208) A district-level election held between general elections. Coalition government (p. 219) A hung parliament in which the cabinet consists of members from more than one political party. Committee of the Whole (p. 241) Another name for the body of all legislators. Confidence convention (p. 208)The practice under which a government must relinquish power when it loses a critical legislative vote. Inside Canadian Politics © Oxford University Press Canada, 2016 Contempt (p. 224) A formal denunciation of a member’s or government’s unparliamentary behaviour by the speaker. Consensus Government (p. 247) A system of governance that operates without political parties. Crossing the floor (p. 216) A situation in which a member of the legislature leaves one political party to join another party. -
Religion, Faith and Spirituality in the Legislative Assembly of British Columbia
Feature Religion, Faith and Spirituality in the Legislative Assembly of British Columbia This article aims to further a conversation about the role of religion, faith, and spirituality in public institutions in Canada by examining the practice of prayer in the Legislative Assembly of British Columbia. The authors provide a background of prayer in the Legislative Assembly of British Columbia, an overview of the differing customs in provincial and territorial legislative assemblies in Canada, and also public controversies and court cases which have arisen in response to these conventions. Following an analysis of prayers delivered at the opening of legislative sessions of the 2017 CanLIIDocs 247 Legislative Assembly of British Columbia from 1992 to 2016, the article concludes by comparing the content of prayers delivered to self-reported rates of religiosity, spirituality, and faith amongst the general British Columbia population. Chardaye Bueckert, Robert Hill, Megan Parisotto and Mikayla Roberts Introduction prayers delivered to self-reported rates of religiosity, spirituality, and faith amongst the general British Contemporary Canada is largely conceived of Columbia population. By examining these opening as a secular society; yet some historic religious prayers, we hope to illuminate the representation of elements remain entrenched in Canadian democratic different religions within the Legislative Assembly of institutions, including the practice of prayer in British Columbia. It is important to note that due to provincial legislatures. This article aims to further data limitations, this examination will be a “snapshot” a conversation about the role of religion, faith, and of faith-based conventions in the Legislature Assembly spirituality in public institutions in Canada by of British Columbia, rather than a comprehensive examining the practice of prayer in the Legislative analysis of how different faith groups are represented Assembly of British Columbia. -
The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
\\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance.