Basic Parliamentary Procedure

1
Basic Parliamentary Procedure

• An overview presented to University of Washington
  students of Professor Wilkerson
• October 26, 2005
• Presented by Mike Hoover, Senate Counsel

2
Where do you start?

• Begin with the process in mind!
• Understand that, over and above the substantive
  law, the bill will need to go through the
  legislative process.

3
Balancing Act Part 1

• Substantive Law v. Politics
• What sort of horsetrading might need to go on,
  politically, to achieve your aims?
• What if the perfect becomes the enemy of the
  good?

4
Balancing Act Part 2

• Process v. Players
• Where are you in the process?
• Who can help you get to the next step?

5
The Process

1. Introduced in the Senate or House
11. Go to the Governor for action.
2. Referred to a policy committee
10. Negotiate, concur, conference until same
measure passes both houses.
3. Passed from the policy committee (with
amendments?)
4. Referred to a fiscal committee
9. Go to opposite house, repeat 1-8
5. Passed from the fiscal committee (with
amendments?)
6. Referred to the Rules committee
7. Passed from the Rules committee, sent to the
Floor
8. Passed on the Floor (with amendments?)
6
Know the process!

• Find the sources of law and process applicable to
  your proceedings, such as
• The Constitution
• Joint, Senate, House, and Reeds Rules and
• Tradition Thats the way its always been done!

7
Bases of Process Rules

• Whats the point of the rules?
• To enable the majority to conduct its business
  while protecting the rights of the minority.
• This doesnt necessarily mean a partisan majority
  or minority 25 50 rule the floor!
• Avoid results that would stop the business before
  the body!
• Keep in mind that these are self imposed! Thus,
  bending or even breaking the rules has little (if
  any) legal impact.
• Question Whats the result of breaking or
  bending the rules in a parliamentary sense?
• Answer Also very little. By subsequent actions,
  the body could be viewed as having waived
  particular rules to conducts its business.

8
Bases of ProcessRules

• Some Final Thoughts on the Rules
• The legislative process is simply one whereby a
  measure has to advance to certain points by
  certain times. Knowing which rule can help get
  the measure to the next point in time (or stop
  it, depending on your perspective) is key to
  understanding the process. You dont need to
  know every rule, just the ones that are
  applicable to where youre at in the process.
• If the rules are against you, get 25 votes (or
  50)!

9
Bases of ProcessTimelines

• A hierarchy of legislative timelines
• Constitution RCWs
• Article II and RCW 44.04.010 set the time and
  duration of the Sessions.
• Concurrent Resolutions, the Cutoff Resolution
• Passed by both chambers, cannot be suspended by
  one chamber alone (not like a rule, which can be
  waived).
• Instead, need to pass an exemption or a new
  cutoff resolution both chambers ultimately need
  to agree on the change.
• Joint, Senate, House Rules
• Various rules provide timelines specific to a
  particular matter.

10
Know the players!

• Once you know understand the process, you need to
  know who those people are that are key to the
  process.
• Identify those who can help!
• Identify those who could hinder!

11
Disputes Differences

• What happens when the House Senate cant agree?
• Either
• They work it out through negotiation--
  Concurrences Conference Committees or
• Nothing. Theres no agreement, no bill that year.

12
How do bills die?

• Most bills die quietly!
• Rarely is a bill voted down.
• Instead, the majority simply never moves it along
  in the process and it misses all of the relevant
  time deadlines and votes.

13
Process Players Success!

• Knowing where you are in the process and who can
  help you to the next step is crucial!
• Moving ahead can be a strange mix of policy and
  politics!
• Remember Its supposed to be hard to pass a law!