1

THE LEGISLATIVE PROCESS AND

ADVOCACY

Presented to NASW-OK Chapter March 10, 2011

by

Sandra Benischek HarrisonCoordinator, Office of Legislative Relations and Policy

Oklahoma Department of Human Services

2

3

The Oklahoma Legislature

4

Membership

The Oklahoma Constitution states that the State Senate has 48 members.

The number of members in the House of Representatives is based on Oklahoma’s population and established through a formula in the Oklahoma Constitution. The number of members in the House of Representatives is currently 101.

5

Effective Advocacy

Creating a bill starts with an idea. Research your idea and be able to support your

idea. Each bill must have one legislator in each house

as its author. Seek a cross section of sponsors for your bill. Select authors who are members of the

committee that will hear the bill. Pick sponsors who are willing to work hard to

promote the bill and who are knowledgeable about the issue.

6

Effective Advocacy

Bills are assigned to committees for action. All meetings are open to the public.

Before the Hearing: Write letters, make phone calls, make

personal visits to all members of the committee, especially the chair.

Contact other legislators, lobbyists, or public officials (including the governor) who might influence the committee.

7

Effective Advocacy

Before the Hearing (continued): Organize a coalition of other organizations. Have each legislator contacted by a resident

of her/his district. At the Hearing:

Attend. Be quietly conspicuous by wearing a button, sticker, or T-Shirt indicating your support or affiliation.

Testify, if possible.

8

Effective Advocacy

Contact all legislators when the bill is on general order before the full House or Senate. The full House or Senate will debate the bill.

Provide fact sheets, detailing your opinions as facts

Give your opinions on whatever amendments were attached by the committee or are contemplated on the floor of the House.

All members of the coalition need to make similar contacts with the legislators.

9

10

Effective Advocacy

If the bill makes it to the Second House, you will be the eyes and ears of each principal author by advising her/him of the action taken in the other house and its committees.

11

Effective Advocacy If the House and Senate are not in total

agreement about the bill they will form a Conference Committee. Contact the chair of the committee. Being an influence is still possible, but don’t

overpower the committee members – messages to the legislators can be very effective.

Use sound judgment here. Providing information to conferees is the most

effective technique at this stage. Once the bill leaves the Conference Committee

the bill goes back to each house for vote.

12

Effective Advocacy

After a bill passes both houses your attention should focus on the Governor. All members of the coalition need to make this

contact. The Governor needs to hear from all parts of

the state your organization represents concerning this bill.

KEY NOTE: This shouldn’t be your first contact with the Governor. Contact should have been made when the bill was first introduced.

13

Effective Advocacy

Implementation and Monitoring The bill is not effective unless it is enforced. Determine which agency will be responsible

for enforcement of the bill. Monitor progress. Keep the public informed

on how well the law is being implemented.

14

Advocacy

People underestimate the impact they can have on the process through contact with legislators. By being part of an organized group in an area that you have an interest in, you can multiply the impact of your own ideas. Ralph Regula

The important thing to understand about legislators is that there are dozens of competing interests and issues that occupy them. They are stretched thin. Mark Shields

I believe Congress has a duty to do so as well; not simply as a body of legislators, but more importantly as a community of friends, neighbors, parents and Americans. Jim Walsh

15

Important Notes

When Building a Coalition Contact other organizations who may be

sympathetic to your cause. Political Parties, Labor Unions, Civil Right Groups,

etc. Get written endorsements a majority of

members of your group. Publicize these endorsements.

16

Important Notes Lobbying In Person

Make appointments. Go in groups of 2 or 3. At the interview:

Identify yourself and your organization. Explain briefly why you’re there. Leave behind a hand-out.

1 or 2 page summary of your position. Listen carefully.

Know what view the legislator has so you can assuage any concern.

Follow up with a letter. Don’t bring gifts unless homemade food

17

Legislative Session

18

Session

Legislatures are two years in length and are identified by consecutive numbers. For example: The 2011 Session is known as the First

Session of the 53rd Legislature The 2012 Session will be known as the

Second Session of the 53rd Legislature

19

3 Types of Sessions Regular Sessions convene annually beginning at twelve

o’clock noon on the first Monday in February and shall be adjourned sine die not later than five o’clock p.m. on the last Friday in May of each year.

Interim Sessions occur between the Regular Legislative Sessions. During this time the legislative branch is without law making authority. Public hearings, committee studies, investigations, and program preparation occur during this the Interim Session.

Special Sessions, (also known as Extraordinary Sessions), are called by the Governor or 2/3 of the House of Representatives and State Senate to deal with a specific issue. Special Sessions are called in addition to the Regular Sessions and have law making authority.

20

Types of Legislation

Bills: Must be passed by both chambers Must be signed by the Governor Generally propose new statutes or

amendments to existing statutes Are used when the measure needs long term

applicability

21

Types of Legislation

Concurrent Resolutions: Do not have the force and effect of law Must be passed by both chambers Are not signed by the Governor Will not become part of the state statutes Are used to express the will or opinion of both

chambers

22

Types of Legislation

Simple Resolutions: Do not have the force and effect of law Must pass only the chamber which introduced

the measure Are not signed by the Governor Will not become part of state statutes Are used only to express the will or opinion of

one chamber

23

Types of Legislation

Joint Resolution: Have the force and effect of law Must be passed by both chambers Must be signed by the Governor (except with

the measure submits a question to a vote of the people)

Usually will not become part of the state statutes

Are used when the measure has a short term applicability

24

“State Legislatures today have greater capacity than ever before, and the most important ingredient of this greater

capacity is legislative staff. As much as anything else, it is the tremendous expansion of legislative staffing in recent

decades that has transformed the nation’s Legislature.” [Alan Rosenthal, Legislative Life, p. 206]

25

Filing a Bill

Filing a bill must occur by January 20. All substantive bills up for consideration in 2011 must be filed by this date.

If someone comes up with an idea after January 20, they must find an existing bill to attach their idea to. If no bill is available on that topic, the idea will have to wait.

26

Filing a Bill

Strict deadlines must be held because of the short legislative sessions.

Voters passed a constitutional amendment in 1989 that legislators could only meet in Regular Sessions between February and May.

27

Reading a Bill or Resolution

Measures being considered by the Oklahoma State Legislature pass through a variety of forms: Introduced Version Committee Version Engrossed Version Enrolled Version

28

Introduced Version

The bill or resolution, as filed, is printed and is available on the web at www.oklegislature.gov/. The measure is introduced in this form and remains this way until it is reported out of committee in the first chamber.

29

Introduced Version

Introduced bills receive two immediate readings: The reading occur on the first and second

days of legislative session. At the second day’s reading most bills are

assigned to a committee.

30

31

32

33

Committee Version

After a measure has been heard in committee in the first chamber and reported to the floor for further consideration, it is printed and is available on the web at www.oklegislature.gov/.

34

Committee Version

Each chamber has a committee deadline. Bills that don’t meet the deadline are dropped for the year. A lot of bills die here.

Bills must pass out of the chamber where they were introduced by March 17.

35

Committee Version

Bills that pass through the original chamber go across the Capitol to the opposite chamber, where they receive two readings and are assigned to committees. The bill must clear committee in the second

chamber by April 28. A small number of bills make it through this

process.

36

Conference Committee

House rules require that all House measures passed by House committees, except those assigned to the House Committee on Appropriations and Budget, must contain complete titles and enacting or resolving clauses.

This encourages committees to make all changes that they feel should be made to a measure and conveys to the members of the committee that they are considering a measure that is in a form that can be signed into law (a live round).

However, it is common for an author to reach an agreement with the committee to have a measure’s title “stricken” or “crippled” during floor action to ensure the House the opportunity to review the bill further.

This is a fairly common action on major legislation, particularly if its enactment would have a significant fiscal impact or cause great controversy.

On Senate measures, the House author may need to strike the enacting clause if the title has already been removed in order to prevent it from being sent to the Governor in an incomplete form.

This may be done by either committee amendment or floor amendment (House Rule 7.5d (2007)).

37

Engrossed Version

A verified copy of the bill or resolution, complete with any committee of floor amendments, is executed before Third Reading and subsequently as needed. An ENGROSSED VERSION passed by one chamber is printed for committee work in the second chamber; then to the floor for action.

38

Engrossed Version

If the bill is changed in the second chamber, it goes back to the originating house for consideration. If the changes are rejected, the bill is forced to a conference committee.

Conference committees are made up of legislators from both chambers for the purpose of reaching a compromise. A majority of representatives and senators on the

committee must sign a report to move the bill from conference.

39

Engrossed Version

Bills go to the floor of each chamber for consideration when they are reported out of conference committee.

The conference version cannot be amended. If both chambers approve the bill, then it goes to the

governor’s desk for approval. If either chamber rejects the compromise, a second

conference committee may be appointed. Both houses have to accept the same wording then

it’s sent to the governor.

40

Enrolled Version

A verified final copy of the identical bill or resolution passed by both chambers and ready for the Governor’s signature is printed.

The Governor can sign or veto the bill. If a bill is vetoed, the legislature can

override it with a 2/3 vote in both houses.

41

Source: Oklahoma House of Representatives Legislative Manual 2010

42

Voting Totals

Majority 2/3 3/4

House 51 68 76

Senate 25 32 36

Revenue-raising bills are not subject to the emergency. Unless they receive a three-fourths majority in both houses, they must be approved by a popular vote at the next general

election.

43

Enrolled Version

The Governor’s options: If, while the legislator is in session, the

governor does nothing, the bill will become law after five days.

If the legislative session ends before the five days and the Governor does nothing, then the bill is considered vetoed.

The Governor has fifteen days to sign bills passed in the last week of session. Not signing amounts to a veto.

44

Legislation which originates in the Senate is numbered consecutively beginning with “1”: SB1 SJR1 SCR1

SR1

Legislation which originates in the House of Representatives is numbers consecutively beginning with “1001”: HB1001 HJR1001 HCR1001

HR1001

45

From Bill to Law

Many bills in Oklahoma are declared an emergency, allowing the bills to become law immediately upon the governor’s signature, or at some date specified in the bill.

Bills become laws after 90 days after the legislature ends. Budget bills are always emergencies because

the state’s new budget takes effect July 1.

46

Key Facts

Prior to 2009, Governor Henry used his veto pen an average of 12 times per session in the past four years. In 2010 Governor Henry vetoed 40 bills.

A veto was overridden in 2008 for the first time since 1993.

About 2500 bills are considered during the four month process.

47

48

Changes in Legislative Structure

Oklahoma State Senate Republicans gain control of Oklahoma

Senate. Senate committee structure overhauled.

Appropriations subcommittee on Health is now combined with Human Services with one chairman and one analyst.

Senate Standing Committee Health & Human Resources changed to Health & Human Services.

49

Changes in Legislative Structure

Oklahoma State Senate President ProTempore

Brian Bingman, Sapulpa Appropriations: Health and Human Services

Subcommittee Chair-Clark Jolley, Edmond Vice Chair-Kim David, Tulsa

Health and Human Services Chair-Brian Crain, Tulsa

50

Changes in Legislative Structure

Oklahoma House of Representatives Republicans maintain control of House of

Representatives. 2009 House committee structure overhauled

to abolish subcommittees of standing committees and committees re-titled.

51

Changes in Legislative Structure

Oklahoma House of Representatives House Speaker

Kris Steele, Shawnee Appropriations: Human Services Subcommittee

Chair - Ron Peters, Tulsa Vice Chair – Jason Nelson, Oklahoma City

Previously part of A & B generally Human Services Committee

Chair – Pam Peterson, Tulsa Vice Chair – Mike Sanders, Kingfisher

Long Term Care & Senior Services Committee Chair – Sally Kern, Oklahoma City Vice Chair – R.C. Pruett, Antlers

Public Health Committee Chair – John Enns, Waukomis Vice Chair – David Derby, Owasso

52

Definitions

Lobbying Any oral or written communication with a member of

the Legislature or Governor with regards to passage, defeat, formulation, etc. of policy or position of the state.

Lobbyist An individual who is employed or retained by another

for financial or other compensation to perform services that include lobbying.

Advocate An individual who speaks, pleads, or argue in favor of;

or one that argues for a cause; a supporter or defender.

53

Need to Register? Lobbyist Registration

This is for people who are employed by another to lobby.

Register with the Ethics Commission. If a change from the original registration occurs, a

supplemental registration is required within 20 days after the date of change.

All lobbyists must register by December 31 or within 5 days of engaging in a lobbyist’s role.

See Oklahoma Ethics Commission’s website for more information at www.ok.gov/oec.

54

Legislative HistorySENATE BILL ONE Approved December 18, 1907, Senate Bill One, also known as the coach law and to

most as the state's first Jim Crow law, easily sailed through Oklahoma's first legislature. The bill provided that "every railway company, urban or suburban car company, street car or interurban car or railway company . . . shall provide separate coaches or compartments as hereinafter provided for the accommodation of the white and negro races, which separate coaches or cars shall be equal in all points of comfort and convenience." Another section of the legislation similarly stated that each railroad depot must have separate, adequately signed waiting rooms for each race. The penalty for disobeying ranged from one hundred to one thousand dollars for any company failing to provide separate facilities and from five to twenty-five dollars for any individual who, after being warned by the conductor, occupied any coach or compartment (including waiting rooms) not designated for his/her race. The bill authorized railroad officials to refuse service or eject violators. All fines were to go to the common school fund.

The Oklahoma Senate passed the bill on December 6, thirty-seven votes to two. The two dissenters were Republicans representing Kingfisher, Blaine, and Logan Counties. Republican Sen. H. E. P. Stanford refused to vote, stating that he stood for the law but objected to the measure as an emergency bill; he further objected to the clause allowing African American nurses and attendants in white coaches and to the provision mandating separate waiting rooms at all stations. The House of Representatives approved the bill ninety-one votes to fourteen. All fourteen of the votes against the bill came from Republicans representing the north-central and northwestern counties of the state, except for Republican Rep. William McAdoo of Okmulgee County.

55

Legislative History

Only one House Republican, Curtis Cay from Oklahoma County, and one Senate Republican, R. S. Curd representing Alfalfa and Major Counties, voted for the measure. In general, support for the bill came from the Democratic Party in the south and east, and opposition came from the Republican Party in the north-central and west.

African Americans protested the passage of Senate Bill One, with some demonstrations turning violent in Taft and Red Bird, All-Black towns. E. P. McCabe led a judiciary fight, but the U.S. Supreme Court upheld the law's constitutionality in November 1914. In 1952 the U.S. Supreme Court declared segregation on interstate railways unconstitutional. In 1965 the Oklahoma Legislature repealed all segregation statutes for public transportation.

Source: http://digital.library.okstate.edu/encyclopedia/entries/S/SE017.html visited 3/6/2011

56

53rd Legislative Deadlines

February 7: 53rd Legislature Convenes February 21: Double-assigned Senate Bills

reported from 1st Senate Committee (i.e. Standing)

February 28: Single-assigned Senate Bills in Senate Committees

March 3: House Bills reported from House Committee

March 3: Double-assigned Senate Bills from 2nd Committee (i.e. Appropriations)

March 17: Chamber vote of a bill in chamber of origin (House of Rep. and Senate)

57

53rd Legislative Deadlines

March 31: Double-assigned House Bills reported from 1st Senate Committee (i.e. Standing)

April 7: Single-assigned House Bills reported in Senate Committee

April 14: Double-assigned House Bills reported from 2nd Senate Committee (i.e. Appropriations)

April 28: Chamber vote of a bill in opposite chamber of origin (House of Rep. and Senate)

May 27: Sine Die Adjournment

58

Senate Rules Changes

January 4, 2011, the Oklahoma State Senate rules were adopted which will expand the committee process for some bills.

The rules permit “any bill or resolution which is determined to affect the receipt, expenditure or budgeting of state funds or funds under the control of an entity created by state law” to be “double-assigned to a committee other than the Appropriations Committee or the Finance Committee and then to the Appropriations Committee or Finance Committee.”

Meaning some measures will receive two or three committee hearings before advancing to the Senate floor.

Under the new rules all bills will be considered public records when the committee chair approves it to be heard by the committee. Committee substitutes should be available prior to the committee

hearing

59

Senate Rules Changes

Three types of bills also are exempt from the Senate bill deadline schedule:

Bills or joint resolutions authored by the chairs and vice chairs of the Senate Appropriations Committee and the House Appropriations and Budget Committee which affects the receipts, expenditure or budgeting of state funds or funds under the control of an entity created by law;

Bills or joint resolutions authored by the Senate President Pro Tempore and the House Speaker which are deemed by them to be necessary for the preservation of public peace, health, and safety; and

Bills or joint resolutions authored by the Senate President Pro Tempore and the House Speaker that provide for redistricting

60

House of RepresentativesRule Changes

February 7, 2011, the Oklahoma House of Representatives rules were adopted which included reforming the conference committee process.

The changes are designed to make the proceedings more open and transparent.

Conference Committees All meetings and votes cast of standing conference committees shall be open to

the public. Speaker of the House shall appoint members to serve on the standing

conference committees. Every committee chairman and vice chairman of a regular standing committee shall serve as a member of the standing conference committee to which bills coming out of their standing committee will be referred. 

All measures sent to a standing conference committee shall receive a hearing if requested by the author. 

All standing conference committees shall provide reasonable, public notice of a meeting.  

No House conference committee report shall be considered for adoption if said report has not been published twenty-four (24) hours before consideration of the report.

61

House of RepresentativesRule Changes

In the 53rd Legislature (2011) the Committees in the House of Representatives by vote may place a bill on the Consent Calendar for hearing on the floor after 2 days.

Purpose of Consent Calendar: To speed up consideration of bills.

Rule 8.19 – Consent Calendar text of rules as follows: (a)  There shall be a Consent Calendar on which shall be entered such bills and

resolutions as the committees shall designate on the committee report or which the Speaker shall place on a Consent Calendar. 

(b) Measures placed on the Consent Calendar shall not be considered by the House of Representatives for two (2) legislative days, including the day that the measure is placed on the Consent Calendar.  The measure may then be scheduled for final consideration on the third legislative day.

(c) During the two (2) days established in paragraph (b) of this section, any member, in open session and with a minimum of twenty-five (25) seconds, may request that a bill or resolution be removed from the Consent Calendar and placed on General Order.  Such request shall be recorded in the House Journal.

(d)  All bills and resolutions from the Consent Calendar shall be considered for final action as provided by House Rules, except that there shall be no debate or amendments offered.

62

Noteworthy Legislation

HB 1715 (Rep. Peterson) Requires an applicant for licensure to submit a national criminal

history record check, and it states that if the check reveals an applicant has been convicted of or pled guilty or nolo contendere to any felony or misdemeanor involving moral turpitude, the application may be disapproved.

Modifies the criteria for someone to engage in the private practice of clinical social work.

Allows licensure of a social worker with administration specialty and establishes qualifications.

Grants any person granted license as a licensed social worker with administration specialty the right to use the title "licensed social worker with administration specialty" and the abbreviation LSW-ADM, and it prohibits any other individual from using such title.

Pending House General Order

63

Noteworthy Legislation

HB 1220 (Rep. McCullough) Creates the Prevention Services Consolidation Act of 2011. Directs the Department of Mental Health and Substance Abuse Services acting pursuant to the

requirements of the Strategic Prevention Framework State Incentive Grant through the Oklahoma Prevention Leadership Collaborative to act as the coordination agency for implementation of the act and chargers it to evaluate the effectiveness of prevention services provided in the state, including for OKDHS:

Safe Care -- Parental assistance services Sexual abuse treatment services, Latino Community Development Agency (Parent Aid), Oklahoma Children’s Services, to include:

Parent Aid, comprehensive home-based services, preventive child care, and substance abuse services,

Oklahoma Marriage Initiative, Family Start, and Faith-based and Community Initiatives.

Grants the ODMHSAS extensive authority to make recommendations to modify, consolidate, eliminate, or change delivery of services for the listed services.

New language in Committee Sub: “If the requirements of a particular program are specifically controlled or funded, or both controlled and funded, by the federal government and allow for no modification, the Department shall take into consideration when making Plan recommendations such restrictions or limitations.”

ODMHSAS shall demonstrate a cost savings of twenty percent (20%) to the state within three (3) years. (was 15%)

Pending House General Order with Title On

64

Noteworthy Legislation

HB 2136 (Rep. Steele) Requires that the Department of Human Services' safety analysis include a criminal

background check that will include inquiries into the Oklahoma State Bureau of Investigation and Federal Bureau of Investigation files of any adult known to be in the home of the child for whom a report of abuse or neglect has been received.

Provides that if, on receipt of an abuse or neglect report, the department determines that the family has been the subject of a deprived petition that the department will conduct a thorough investigation into the allegations and will not limit the evaluation of the circumstances to an assessment.

Provides that if the family has been the subject of three or more referrals that the department will conduct a thorough investigation of the allegations and will not limit the evaluation of the circumstances to an assessment.

Directs the department to conduct a criminal background check that will include inquiries into OSBI and FBI files of any adult known to be in the home prior to any trial reunification.

Requires that all service provider progress reports or critical incident reports submitted to a court be delivered to each party.

Requires DHS, the district attorney, the district court clerk and the judge having jurisdiction over the case to release certain information to the public, on request.

Pending House General Order

65

Questions?

Legislative Contact Sandra Benischek Harrison

Coordinator, OKDHS Office of Intergovernmental Relations and Policy

(405) 521-6392 sandra.harrison@okdhs.org

Recommended Reading Guide to State Legislative Lobbying by Roberty L.

Guyer Drafting Legislation and Rules in Plain English by

Robert J. Martineau