GENERAL PROVISIONS

Positions with respect to legislation (including any proposed agency regulations) shall first be authorized by a Governing Body of the Connecticut Bar Association, i.e., the House of Delegates or the Board of Governors or, if between meetings of the House of Delegates or Board of Governors and during the legislative session if necessary to respond to pending legislation or some other urgent matter on a “fast track” basis as described below, the Executive Committee, which shall consist of the President, President-Elect, Vice President, and Immediate Past President. The President shall report on any such action taken to the Board of Governors or House of Delegates, as the case may be, at its next regularly scheduled meeting.

There shall be a Legislation Review Committee appointed annually by the President, which shall consist of not fewer than seven (7) nor more than nine (9) members of the Association, not including the Chair, each of whom shall be members of the House of Delegates or the Board of Governors, but not a member of the Executive Committee. The President should seek diversity of Section representation from among the members appointed. The Legislation Review Committee shall be chaired by the President-Elect. The Legislation Review Committee shall, following reasonable notice and an opportunity for a representative of the Section or Committee seeking authorization to be heard, convene a meeting promptly, either in person or by telephonic or electronic means, review proposals for legislation and positions on legislation, and make a recommendation to a Governing Body of the Association whether such proposals or positions, as the case may be, should be authorized. No Legislation Review Committee action shall be taken unless upon the majority vote of at least three (3) voting members participating in the meeting, with any ties resolved by the Chair. While the Legislation Review Committee shall be deferential to the Section or Committee seeking authorization on matters within their experience and expertise, the Legislation Review Committee is expected to conduct a thorough and complete analysis of the stated purpose of the new legislation or regulation, its impact on the Bar and the law, and whether the requested authorization is inconsistent with any other then current legislative position being taken or having been taken by the Association or any of its Sections or Committees.

The Legislation Review Committee shall make one of the following three recommendations to the Governing Body of the Association: (i) the proposal or position be recommended for approval; (ii) the proposal or position receives no recommendation; or (iii) a recommendation that the request for authorization be denied. Any recommendation can be made on a “fast track” or “slow track” basis. A “fast track” recommendation is scheduled for submission to the Governing Body at its next scheduled meeting, and is warranted only when the Legislation Review Committee concludes that further analysis and study is not necessary and where there is legitimate time pressure to address pending legislation. A “slow track” recommendation is designed to address complex issues or circumstances where material opposing viewpoints were expressed, each of which warrant a more detailed analysis. A slow track recommendation anticipates that before being brought to the House of Delegates or the Board of Governors for consideration, the Section or Committee will further review the proposal with the Association’s Legislative Staff and with representatives of other impacted Sections or Committees and evaluate more closely the legal, policy and political issues raised by the proposed legislation. The Legislation Review Committee shall provide guidance as to the suggested components of the “slow track” process recommended for any particular proposal or position.

ASSOCIATION, SECTION, AND COMMITTEE POSITIONS

The Association may support or oppose proposed legislation, or seek the introduction of legislation, by majority vote of the House of Delegates or Board of Governors. Association positions will, however, be authorized only for matters of substantial importance affecting the legal profession in Connecticut as a whole. Such positions would affect the practice of law for most attorneys or their clients, such as mandatory pro bono or the occupational tax on attorneys; or they would concern the administration of justice, such as the jury system. The position authorized should meet the overall goals and the mission of the Association. An issue sought to be authorized as an Association position will be scrutinized carefully. Compared to Section and Committee positions, Association positions generally have a higher priority on the Association’s legislative agenda, are fewer in number, carry more weight, and the Association may expend more political capital on them.

If the Executive Committee, a Section or Committee of the Association has developed a legislative proposal which it wants authorized as an Association position, it shall submit the proposal, in draft statutory language form, if available, or in concept form if not, and a request for such a position, including a brief, plain-language summary and explanation of the proposal, the rationale for the proposal and how the position was approved (i.e., by the Section or Committee, by the Executive Committee, or by a legislative subcommittee) to the Government Relations Counsel or a Government Relations Specialist. The request for authorization of the proposal for legislation shall be forwarded to the Legislation Review Committee for its review and recommendation in accordance with these policies. Sections and Committees are encouraged to be proactive and submit their proposals early rather than at the last minute.

If a Section or Committee of the Association wants to support or oppose a legislative proposal which has been introduced before the General Assembly by an entity other than the Association as an Association position, the Section or Committee should make that determination as soon as possible after the bill has been introduced and then forward a request for such a position to the Government Relations Counsel. The request shall include the rationale for the support or opposition, as the case may be, of the legislative proposal and how the position was approved, i.e., by the Section or Committee, by the Executive Committee, or by a legislative subcommittee. The request for authorization of the position on legislation shall be forwarded to the Legislation Review Committee for its review and recommendation in accordance with these policies, and to and to all other Section and Committee chairs.

A position shall not be authorized as an Association position if such position is opposed by any Section. If an Association position is opposed by any Section, that Section must notify the Executive Director, in writing, of such opposition as soon as practicable prior to submission of the request for authorization to the Governing Body of the Association. Any such opposition is, however, subject to an override by an affirmative vote of a two-third majority of the members present and voting at the House of Delegates. The Executive Committee, any Section or Committee may seek to override opposition to an Association position by another Section by making a written request to the Executive Director, setting forth a summary of the competing positions. The Section or Committee that initially sought approval for the Association position, and the Section that interposed opposition, will be given prompt notice and opportunity to be heard at the House of Delegates meeting. After adoption of any Association position, no Section may override an Association position.

A Section or Committee of the Association which wishes to support or oppose proposed legislation, or which wishes to seek the introduction of legislation, in the name of the particular Section or Committee, shall seek authorization to do so from an Association Governing Body. The request for authorization of the position on legislation shall be forwarded to the Legislation Review Committee for its review and recommendation in accordance with these policies, and to all other Section and Committee chairs. A position shall not be authorized as a Section or Committee position if such position is opposed by any other Section. If a Section or Committee position is opposed by another Section, that Section must notify the Executive Director, in writing, as soon as practicable prior to submission of the request for authorization to the Governing Body of the Association. Any such opposition is, however, subject to an override by an affirmative vote of a two-third majority of the members present and voting at the House of Delegates. A Section or Committee may seek to override an opposition by another Section by making a written request to the Executive Director, setting forth a summary of the competing positions. The Section or Committee seeking to override, and the Section that interposed the opposition, will be given prompt notice and opportunity to be heard at the House of Delegates meeting. After adoption of any Section or Committee position, no Section or Committee may override an Association position.

A Section or Committee position should represent the views of a broad cross-section of the Section or Committee. It is, therefore, important that the Section or Committee report minority viewpoints of the Executive Committee of the Section to the Legislation Review Committee and to the Governing Body of the Association being asked to consider any proposed Section or Committee position. In general, a Section or Committee position is a matter limited to attorneys who practice in a particular area of law or is somehow unique to the practice of law for members of the Section or Committee. Such positions should be limited to matters of importance to the members of a particular Section or Committee and relating to their area of practice and experience in order to preserve the Association’s political capital. For example, a position concerning membership in limited liability companies likely would be limited to a Section position of the Business Law Section, but not the International Law Section.

LEGISLATIVE PROCEDURES

The Government Relations Counsel or a Government Relations Specialist shall, on each day during the legislative session, obtain legislation filed and other material before the General Assembly and notify Sections and Committees of significant bills filed that may affect their members. The Executive Director, Government Relations Counsel and any Government Relations Specialist shall advocate Association positions and, as time and resources permit, actively work to present authorized Section and Committee positions.

It is anticipated that Association, Section or Committee position advocated at the General Assembly (and to its members) will be advanced by the Association Legislative Staff, which is comprised of its Executive Director, Government Relations Counsel and Government Relations Specialists. A Section or Committee may retain a consultant for the purpose of representing it before the General Assembly only where extraordinary circumstances warrant, such as an issue that would materially impact the practice of law for most attorneys practicing in Connecticut and that would require substantial dedication of time and resources that the Association’s Legislative Staff is not able to provide. The Section or Committee must first obtain authorization and approval from the House of Delegates, and then approval of a written consultant agreement by the Association’s Executive Director, which must include a precise basis for calculation of the fees for such services. It is understood that the Association prefers not to engage outside consultants to support its legislative agenda, and approval by the House of Delegates of such engagements should be unusual. Any such consultant agreement shall contain the following provision, as amended and approved by the House of Delegates on November 13, 2000: Consultant represents and warrants that consultant does not currently represent any organization or entity that is in conflict with any position on the legislative agenda or any policy of the Association or any of its Sections or Committees. Consultant agrees not to represent any organization or entity that is in conflict with any position on the legislative agenda or any policy of the Association or any of its Sections or Committees. Prior to execution of this agreement, and from time to time thereafter, the Association shall provide Consultant with the legislative policies of the Association and a current list of positions concerning legislation maintained by the Association. Under exigent circumstances, the conflict provision may be waived by a majority vote of the House of Delegates. Sections so authorized shall (1) use their own funds to pay for the expenses of any consultant retained, (2) adhere to all state and federal requirements concerning lobbying, and (3) coordinate its lobbying activities with the Government Relations Counsel and any Government Relations Specialist.

An amendment offered to legislation sponsored, supported or opposed by the Association or a Section or Committee that does not substantially alter the intent of the Association governing body that approved the position and meets with the intent of the Section or Committee sponsoring, supporting or opposing the proposal, as the case may be, may be approved by the Government Relations Counsel after consultation with the Section or Committee, or its designee. The Government Relations Counsel and any Government Relations Specialist may offer informal, non-binding opinions to legislators and others concerning the potential response of the Association to proposed legislation or other issues. The Executive Director may adopt guidelines to implement and carry out the purposes of the legislative policies and procedures. The Legislative Staff shall, at least annually, inform Sections and Committees of the Association’s legislative policies and procedures and any such guidelines adopted.

The Executive Director shall maintain a compendium of all current Association, Section and Committee positions. Positions approved by the House of Delegates shall remain current until amended or revoked by an Association Governing Body or the adjournment of the third regular session of the General Assembly following the legislative session for which the position was approved, whichever is earlier. If approved by the House of Delegates during a legislative session, that session will count as the first such session. On and after the effective date of these Legislative Policies, positions approved by the Board of Governors or the Executive Committee shall remain current only until amended or revoked by an Association Governing Body or the adjournment of the session of the General Assembly during which the position was approved, whichever is earlier.

Any Section or Committee seeking to join in a previously approved and still current Section or Committee position may do so with the written consent of the Executive Director, provided such approval shall remain current only as long as the original approval.

Approved by the Connecticut Bar Association House of Delegates at its June 11, 2008 meeting.