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The Legislative Branch An Overview

The Legislative Branch An Overview. Objective Responsible for the authority and passage of legislation, which has been presented before it

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The Legislative Branch

An Overview

Objective

Responsible for the authority and passage of legislation, which has been presented before it.

Y CORE VALUES

● What this program really is abouto Caringo Honestyo Respecto Responsibility

What do they mean to YOU?

Rules

● All first year delegates can only be part of either Read or Rodney House

● Experienced members may join the Senate

Bill Writing and Inspiration

❖ Most important preparation❖ Without bills, we would have nothing to do!❖ Be passionate and excited to debate your

bills➢ pick something that means a lot to you!➢ pick something that intrigues you!➢ pick something you want to change!

Bill Writing and Inspiration

Step 1: Find an issue that is:- Current- Relevant to Delaware- Able to be addressed by the DELAWARE government

Bill Writing and Inspiration

Where do I find an issue?● Delaware government websites

- i.e.: www.delaware.gov● Other states! Look at legislation other governments

have enacted and see if it works for Delaware● Newspapers

- i.e.: The News Journal- CAUTION: You can use national newspapers, but

your topic must be relevant to DELAWARE.

Bill Writing and Inspiration

Step 2: Arrange your bill.➔ Issue must be debatable➔ Issue not too broad➔ Gather your knowledge (Pro-Con List)➔ Determine viewpoint

Bill Writing and Inspiration

Banned Bills⛔Bills passed in last 2 years⛔Copied bills⛔Actual Delaware law or bill⛔Amendment to real bill⛔Irrelevant to DELAWARE

Bill Writing and Inspiration

Step 3: Write your bill.

A bill is a written statement of draft of a proposed law, written by a delegate in order to introduce a

new law, change an already existing law, or eliminate a law completely.

Bill Writing and Inspiration

Title● 2 Forms

- “An Act to…”- “{Title} Act”

The Bill-Writing Act

Bill Writing and Inspiration

Section I: Purpose● 1 or 2 sentences● What change do you want your bill to make● “This bill will…”

This bill will require all legislative delegates to write a bill.

Bill Writing and Inspiration

Section II: Definitions● Clarify terms.● Even if a word is common, you may need to designate a

more specific definition for your bill.● “‘{Term}’ means ‘{Definition}’”

“Legislative delegate” means “any high school or middle school participant in the legislative program of Youth in Government.”

Bill Writing and Inspiration

Section III: Content● What will your bill actually do?● Can be multiple sections● When action needed, you shall say “SHALL.”

All legislative delegates shall write a bill that can legally and feasibly be passed and enforced by the State of Delaware.

Bill Writing and Inspiration

Section IV: Cost● How much money will your bill cost the state?● If it costs nothing, write it.

This bill will cost nothing.

This bill will cost $150,000 in its first year and $50,000 in subsequent years.

Bill Writing and Inspiration

Section V: Finance● How will Delaware pay for your bill?● Mainly taxes or fines.● If no funding needed, write it.

This bill will be financed by increasing the gasoline tax by $0.01 per gallon.

*Clause will cause debate

Bill Writing and Inspiration

Section VI: Penalties● What will happen if somebody does not obey your bill?● Fines, prison, etc.● If no penalties needed, write it.

Any legislative delegate, who does not comply with this bill, shall be fined $250 for their first offense and $500 for subsequent offenses.

Bill Writing and Inspiration

● Section VII: Effective Date● When will your bill begin working?● Consider the required time for involved parties to

prepare.● Either a specific date or “upon passage”

This bill shall go into effect on January 1, 2016, following passage as law.

Now, you can take it to the Hall!

Parliamentary Procedure

How to Introduce Yourself! State Your:1. Name2. Delegation3. Thank the Chair (Sir or Madam Chair)

When you’re done speaking you can1. Sit down2. Say “I yield the remainder of my

time to the chair”

Parliamentary ProcedureAfter you introduce yourself what can you do?

1. Speak2. Reserve your right to…

a. “Speak thereafter” *NOTE* this is used after you have asked “will the author(s) please yield to a possible series of questions” - this lets you speak after asking the author(s) questions

b. Yield the remainder of your time to…1. The author’s summation2. A fellow delegate

c. Make a motion “I reserve my right to make a motion”

“That is your right”

“I motion to…”“Will the author(s) please yield to a possible series of questions and I reserve my right to speak thereafter”

What to say What this doesCan you interrupt

the speaker?Is the motion debatable?

Second needed?

How much approval?

“I move to hear the amendment on the floor authored by ____”

Brings up a written amendment NO YES if the author deems it

unfriendly

NO Majority of authors

“I motion to move the previous question”

Prematurely ends debate and puts the bill to a vote

NO NO YES Two-Thirds

“I move to table the bill” Ends debate without putting the bill to a vote

NO NO YES Majority

“I move to take from the table” Brings back a tabled bill NO NO YES Majority

“Point of Order” If the President/Speaker neglects to follow proper Parliamentary Procedure

YES* NO NO NONE

“I motion to extend debate by ___” Open Debate may be extended NO NO YES Majority

“I motion to suspend the rules” Used to suspend the rules of the Chamber NO NO YES Two-Thirds

“I motion to move into recess for ____ mins”

Used to transition into a brief recess/break NO NO YES Majority

“Division” Puts the bill to a vote for a second time, requiring a tally of votes

NO said between 2 gavel taps

YES unless chair is not in doubt

NO NONE

Parliamentary Procedure of Debate

Proponency SpeechThe author must follow basic introductions and, if they so choose, may yield time to their

summation without reserving their right to do so. “...and I yield the remainder of my time to my summation”

Non Debatable Technical QuestionsFollowing basic introductions, delegates may be able to ask the author questions that can be

answered with a yes, no, clarification, or statistic.

Lobbyist Intent SpeechesLobbyist (first Con then Pro) must follow basic introduction and add “representing (state

organization)” after they state their name.Chief of Staff must follow basic introduction and add “speaking on behalf of Governor _______”

Parliamentary Procedure of Debate

DEBATEFollowing the Lobbyists’ speeches, the chamber will move hear a Con, then Pro, then Con Statement. During this time, motions and/or reservations of rights are not in order

-Pro speakers may yield time to an authors’ summation

Next the Chamber will move into Open Debate. During this time, motions and/or reservations of rights are in order

Parli Pro of Amendment Debate

To have Amendments read in chambers: The author of an amendment may not move to hear their own amendment. To have an amendment read, there must be a second.What you say: “I move to hear the current amendment on the floor.”

1. Amendment will be read in chambers.2. Bill Author will deem the amendment friendly or un-friendly.3. If the Bill Author deems the amendment friendly, the amendment will be voted on by the chambers:

Friendly Amendment

● If the amendment passes it will be added to the Bill and normal bill hearing procedures will continue.

● If the amendment fails, it will not be added to the Bill and normal bill hearing procedures will continue.

Unfriendly Amendment1. 3 minute caucus mediated by the chair to see if they can resolve the amendments discrepancies.2. If the Bill Author and Amendment Author cannot agree, the chamber will proceed into debate whether the amendment should be included.3. Sample Un-friendly Amendment Debate Schedule

-The chair may offer open debate on amendments if they deem it necessary-Amendment Author Proponency 1 Minute-Bill Author Con 1 Minute-Amendment Author Summation 1 Minute4. If the Amendment passes, the Amendment Author will replace the Bill Author as the

sponsor of the bill.5. If the Amendment Fails, the Amendment will not be added, and normal bill hearing

procedures will continue.

Parliamentary Procedure of Debate

Author’s SummationThe Author does not need to follow basic introductions.

Standing Voice VoteThe Chair will first call Ayes, Nays, then Abstentions. He/She does not need to

take a tally, assessing the vote audial/visually. The Chair then states whether the Bill pass/fails and gives 2 gavel taps.

*NOTE* In the event that division is called within the 2 gavel taps and the chair recognizes it, a tally of voting delegates must be made.

*NOTE* In the event of a tie, the presiding Chair makes the final decision.

Bill Voting Procedure

● Once debate has ended, the chamber doors will close.● Chair will ask “All those in favor”

o Delegates respond “Aye” while standing up.● Chair will ask “All those opposed”

o Delegates respond “Nay” while standing up.● Chair will ask for any abstentions.

o All must vote unless a delegate was not present for a majority of debate (ex. bathroom, talking to Gov. etc.).

Bill to Law

● A simple majority is needed for a bill to pass● A bill must pass two chambers before

reaching the Youth Governor.o Senate to House (Rodney or Read) to Governoro House (Rodney or Read) to Senate to Governoro House (Rodney) to House (Read) to Governoro House (Read) to House (Rodney) to Governor

The Governor and You!

● If your bill passes two houses, congrats!● An audience with the governor will be

granted.o Authors: justify and defend their bills

discuss main points with Governor Governor decides to sign or veto

Veto Process

● GIVEN TIME- the bill must re-enter both chambers and pass with same parli-pro procedures (to override veto).

● Bill moves to the bottom of the docket.

Signed Bill

● A signed bill becomes an official part of the Youth Governor’s Executive Report.

● The Governor will read the passed bills at the closing ceremony.

● The executive report is also read to the Delaware Legislative Assembly.

Welcome to Congress