The First Law: 38-15-1

38-15-1?  What's that you ask?  It's the first natural law of the legislative process.  It's the very first thing that every new legislator need to learn (and that every sitting legislator needs to remember).  It's through the first law that almost everything gets done (i.e. pass/repeal legislation).  Legislative success dictates strict compliance with the first law.

To pass a bill requires majority approval in both the House and Senate as well as concurrence of the Governor.  The Utah House of Representatives consists of 75 members, with any 38 members comprising a majority.  There are 29 members of the Utah Senate, of which any 15 form a majority.  Then there's one Governor.  If you can get any 38 members of the House, 15 members of the Senate, and the Governor to all agree with your legislation (e.g. vote for it/sign it) you can get it done.

Key take away:  The legislative process is a team process.

No single individual can get anything done legislatively.  It requires majority agreements.  It requires complete obedience (and submission of your ego) to the first law.  Many citizens don't fully comprehend this natural law.  Some people assume that a legislator or the governor can just snap his or her fingers and magically laws change.  They don't comprehend the complexity of making even the most minor legislative change.  Despite their experience and leadership positions, not even the Speaker of the House, the President of the Senate, or Governor gets exactly what he wants, how he wants it, and when he wants it.  Everyone has to work together, collaborating and compromising, battling and even horse trading, to either pass or block legislation.  This process creates the continual formation of alliances, with various underlying motivations, agendas, and shifting suballiances, to address legislative issues.

So how can you be successful and also enjoy the legislative process?  Here's a couple of key ways that help:

1. Don't worry about getting credit.  Just work to implement good policy and the rest will take care of itself.
2. Don't burn bridges.  Your worst opponent on one issue may be your greatest advocate on the next.  Burning bridges reduces the available pool of resources necessary to reach 38-15-1.
3. Patiently educate.  There is an enormous array of legislative issue.  No one is the expert on every issue, so you need to take time to help a sufficient number of legislators understand your issue and how it is beneficial to their constituencies.
4. Check most of your ego at the door.  It takes a certain amount of ego to survive and thrive in this process ("Hey look at this great idea.  Let's do it!"), but too much ego does more damage ("I'm the only one who knows anything around here." or "This process can't survive without me."), ultimately leading to 1-0-0 -- a legislative goose egg.
5. Persistence matters.  The process is designed to be slow and cumbersome.  Get back up when you are knocked down.  Keep moving, keep pushing, or nothing will happen.  Rarely does everyone look at a new idea and immediately welcome and adopt it (particularly in a process that generally punishes innovation).  As people warm to the idea, they'll begin to accept and support it.

Of course there are certain limited exceptions to the first law, but if you remember 38-15-1 you can accomplish almost anything legislatively.

Comments

[Travis Grant]

"The process is designed to be slow and cumbersome." This is a very important part of the legislative process. Too bad it seems to be slower when tax reductions and limiting government are needed. I guess not enough Utahns/Americans want these things.

Thanks for reiterating this for us all.

[Mark Steele]

Rep. David Cox demonstrated this. During his tenure in the legislature he was singly focused on breaking Alpine schhool district into smaller districts. Finally this year, in consulation with other legislators, he adjusted his goals to simply give cities the right to form their own school districts. The broader approach won enough support to pass a bill, and now several cities along the Front are considering small-district formation.

I disagreed with Rep. Cox's focus, and believe it cost him his seat in the legislature (he forgot the second rule, 50.1 [% of the primary voters]), but I respect his determination and willingness to adjust his goals in order to pass legislation that addressed his concern.