(Part 2 of a 3 part series on helping animals through legislative
action)
By Michelle Rivera -
[email protected]
One of my more popular humane education lessons is a
high school lesson offering called "Civics." During this lesson, I teach
middle and high school students about how our laws are made. I typically
use an animal bill as a model and tell the story of how a county
ordinance came to pass.
One day, a woman just like you or me or anyone (could be
a man too, of course) was driving along. She noticed that the car in
front of her was a pick up truck. In the back of the truck was an
unrestrained dog. The driver of the truck swerved to avoid an accident
and the dog bounced out of the truck. The woman driving behind had to
slam on her brakes to avoid hitting the injured dog, causing the car
behind her to hit her.
She, of course, was outraged! "There oughta be a law
against dogs in the back of pickup trucks!" she cried.
Indeed.
She wrote to her county commissioner who was a little
lukewarm on the whole matter. So she had a few friends write as well.
The "cause" took on a life of it's own and within a year, several
hundred letters had been received in the offices of the county
commissioners. They knew they had to take some action. They called the
county attorney and asked her to draft a bill that says that dogs must
be safely restrained while riding in the back of a pick up truck. After
several evolutions, the bill was created. It states that dogs must be
either in a crate or cage that is secured to the bed or sides of the
truck OR they must be double-tethered from either side while riding in
the back of a pickup truck. (Personally, I prefer they be in the
air-conditioned or heated CAB of the truck with the driver, but that's
not the point of this story.)
The bill was created, the commissioners voted on it and
it became a county ordinance. In much the same way, our state and
federal laws are made. Here's a breakdown of how that occurs:
� A member of Congress introduces a bill in his/her
chamber of Congress (the House or Senate). He or she will do this
because a constituent has requested it. A constituent just like the
woman driving behind the back of the pick up truck.
� The bill is referred to the appropriate committee(s)
and the committee(s) refers the bill to the appropriate subcommittee(s).
Each committee contains subcommittees which specialize in an area
overseen by the committee. Some bills may be referred to more than one
committee and therefore more than one subcommittee.
� The subcommittee(s) considers the bill and may hold a
hearing on it and even try to amend it. The subcommittee(s) then votes
on the bill and reports it to the full committee.
� The committee(s) considers the bill, may hold a
hearing on it, may amend it and then vote on it. Once a bill passes a
committee, it is reported to the floor.
� Members of the chamber (House or Senate) debate the
bill on the floor and then likely vote on it.
� After one chamber has passed the bill, the bill is
sent to the other chamber and the process is repeated. If both chambers
pass the bill, it is sent to the president.
� If the other chamber, however, passes a bill which
varies slightly from the previous bill, both versions are sent to a
conference committee which reconciles the difference between the two
bills in a conference report. The conference committee submits the
conference report to be approved by both chambers.
� Congress sends the approved bill to the president to
be signed into law.
� If the president vetoes the bill, two-thirds of each
chamber must vote to override the veto in order for the bill to become a
law.
FEDERAL LEGISLATIVE PROCESS
Your first step may be to ask your legislators to introduce (sponsor) a
bill. When a bill is introduced in the House of Representatives and/or
the Senate, it is referred to the committee that handles the general
subject area. That committee may then refer the bill to a subcommittee
within its jurisdiction. If a bill has already been sponsored and
introduced by a legislator from another state or district, you may want
your legislators to cosponsor the bill-that is, officially add their
names to the list of representatives or senators who are in favor of
that bill. Typically, the greater number of cosponsors of a bill, the
greater the chance that a bill will gain additional consideration.
Remember, not all bills introduced in Congress are taken up for a vote.
As a bill makes its way through a committee and perhaps
a subcommittee, it can be amended. During this process, you may want to
ask your legislator to introduce an amendment to a bill or to support or
oppose another legislator's amendment to the bill.
A bill destined for a vote must be approved by the
subcommittee and then the committee. Members of the appropriate
subcommittee and committee play a major role in the passage of a bill.
If members of the subcommittee or committee do not vote in favor of the
bill, the bill will never reach the floor for a vote. After the
committee reports the bill to House or Senate leadership, the bill is
brought to the floor-placed on the calendar for debate by the full House
or Senate.
A bill needs to pass in both the House and the Senate
before it is sent to the president to sign or veto. If a bill of similar
content is passed separately in the House and the Senate with slight
differences, that bill is sent to conference committee consisting of
members of both the House and the Senate. The conference committee will
work out the differences between the two versions. Once the bill leaves
the conference committee, it will be voted upon again by the full House
and Senate. If the bill passes both chambers, it will be sent to the
president.
STATE LEGISLATIVE PROCESS
Although the legislative process at the state level is generally similar
to the federal process, it does differ slightly from state to state.
Contact The HSUS or your state's legislative website to see how your
state legislature operates.
One major difference between the federal and state
process is that in almost all states, committees will hold a public
hearing on a bill before committee members place their vote. This allows
the citizen lobbyist the opportunity to testify for or against a
particular bill and have the testimony put on the record. The committee
then votes on the bill, and if it passes (as introduced or with
amendments) it is sent to the full floor for consideration. If the bill
passes on the floor, it is sent to the other side of the legislature to
follow the same process (except in the case of unicameral legislatures).
If the second chamber amends the bill it will go back to the first
chamber for approval and if there is disagreement, the bill is sent to a
conference committee. If the bill is not further amended, it is sent to
the Governor to be signed into law or to be vetoed.
If the Governor allows the deadline to pass without
signing it or vetoing it, it passes. This happened in two cases recently
in Florida, both for and against the animals. The Animal Fighting Bill
sat on Gov. Bush's desk past midnight on the designated date and became
law. However, the bill allowing slot machines at higher stakes at
Greyhound racing tracks also sat on the governor's desk and passed
without his lifting a finger to stop it.
The Humane Activist Network, a project of the Fund for
Animals and the Humane Society of the United States, helps activists to
navigate this series of events and tells us when to get involved and how
at each stage of the bill-making process. They may ask for letters to
the committees or to our representatives at various times while the bill
is making it's way through. To join the Humane Activist Network and help
animals through legislation, please contact
[email protected].
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