Curriculum for Model Legislature - Oklahoma State 4-H
Curriculum for Model Legislature
Oklahoma YMCA Youth in
Government
Table of Contents
Part I – Legislature Familiarization and Bill Writing – 60 minutes ......................... 4
Excerpt from Oklahoma Constitution: ............................................................ 5
Excerpt from Oklahoma Senate Definitions: .................................................. 5
Session Calendar for Oklahoma Legislature ..................................................... 6
– Bill Presentations – 60 Minutes ............................................................. 13
Order of Business for Debating a Bill Guide .................................................... 13
Explanation of the Bill by the Author(s) – 3 Minutes .................................... 13
– 3 Minutes per Side ....................................................... 13
Author’s Summation – 3 Minutes ................................................................. 14
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Learning Objectives:
1. Know what the Legislature is and how is it related to the other branches of government.
2. Be able to describe the general pathway a bill takes for passage.
3. Become familiar with the session calendar for the Oklahoma
Legislature.
4. Understand the different parts of a bill.
5. Participate in a brain storming session for bill topic ideas.
6. Be able to compose a bill.
7. Understand the Order of Business for debating a bill.
8. Become familiar with Parliamentary Procedure basics.
9. Participate in debating bills.
Lesson Logistics:
This lesson will take approximately two hours to complete. The materials needed are:
1. Model Legislature Student Handbook
2. White board, chalk board or flip chart
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Part I – Legislature Familiarization and Bill Writing – 60 minutes
What is the Legislature?
Lead a discussion with your students concerning what the Legislature is. Include the following points:
1. The Legislature is one of the three branches of government in the
United States and also in the State of Oklahoma.
2. The Legislature is responsible for proposing and passing legislation to create new law. The President considers signing or vetoing legislation at the federal level while the Governor considers signing or vetoing legislation at the state level. A veto means the President or Governor did not want to sign the legislation and it will not become law. At the federal level, the President must either sign or veto the entire piece of legislation. At the state level, the Governor may sign or veto specific items within the legislation. This is called “Line Item Veto.”
3. The other two branches of government are the Executive Branch which includes the Governor and all of the state agencies at the state level and the Judicial Branch which includes the court system from the district courts through the Oklahoma Supreme Court. Each of the branches of government has specific responsibilities plus powers that limit the powers of the other branches. For example, legislation pass by the Legislature must be signed by the Executive Branch (Governor) before it becomes law. Additionally, the Legislature may conduct studies to investigate how well the Executive Branch (specifically the state agencies) is doing its job and consider legislation to correct any problems. This is called “Checks and Balance.”
4. The Oklahoma Legislature is made up of two chambers. The first is the House of Representatives. There are 101 members of the House.
It is lead by the Speaker of the House who is selected by the House
Representatives who are in the political party with the most members in the House. For example, if there are 60 Republicans and 41
Democrats, the Republicans choose the Speaker of the House. The
Speaker then appoints other positions within the House. The second chamber is the Senate and there are 48 members. It is lead by the
Lieutenant Governor as the President of the Senate. However, the day-to-day operations are lead by the President Pro-Tempore of the
Senate. This person is selected by the Senators who are in the political party with the most members in the Senate. The President
Pro-Tempore appoints other positions within the Senate. It is possible
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for the Lieutenant Governor and the President Pro-Tempore to be from different political parties.
How a Bill Becomes Law
In the Oklahoma Legislature, a bill is first considered in the chamber of the person who wrote it. It is introduced and receives a bill number (First Reading).
It is assigned to a committee for consideration (Second Reading). Committees are small groups of Representatives or Senators who meet to consider bills on certain topics. For example, one of the House committees is on Education. All bills related to education will be assigned to this committee. If the bill passes the committee, it is considered by the entire chamber (House or Senate) (Third
Reading). If it is passed by the chamber, then the bill goes to the other chamber for its three readings. If the bill passes the other chamber, then it goes to the
Governor for consideration. However, if the other chamber made any changes to the bill (amendments), then there is another reading in the first chamber (Fourth
Reading) to decide whether to approve those changes or not. If the first chamber does not approve the changes, a committee made up of members from both the
House and Senate will look at the changes and decide which ones to keep and which ones to remove. This committee is called a Joint Conference Committee.
The Governor has 15 days to sign a bill for it to become law. If more than 15 days goes by without the Governor signing the bill, a “Pocket Veto” occurs and the bill is considered vetoed.
Excerpt from Oklahoma Constitution:
SECTION V-34
Reading and passage of bills - Yeas and nays entered on journal.
Every bill shall be read on three different days in each House, and no bill shall become a law unless, on its final passage, it be read at length, and no law shall be passed unless upon a vote of a majority of all the members elected to each
House in favor of such law; and the question, upon final passage, shall be taken upon its last reading, and the yeas and nays shall be entered upon the journal.
Excerpt from Oklahoma Senate Definitions:
Readings - presentation of a bill or joint resolution. Every measure must receive three readings before passage, none of which may be on the same day. A fourth reading occurs at the time of final action.
First reading - the measure is introduced and its title only is read for the first time. The measure is assigned a number at this time.
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Second reading - the title of the measure is read for the second time and it is referred to committee.
Third reading - the measure is read at length before a vote is taken.
Fourth reading - amendments from the opposite house or a conference committee report on a measure are read before a vote is taken. If a measure has passed both houses in the same form, fourth reading occurs upon the signature of the presiding officer.
Bill to Law Video
On the YouTube website, there is a video that explains how a bill becomes a law.
The address is www.youtube.com/watch?v=mEJL2Uuv-oQ .
Session Calendar for Oklahoma Legislature
Unlike the United States Congress, the Oklahoma Legislature only meets for approximately five months each year. There are two parts to the session. The first part is from mid-January to late May in odd numbered years. The second part is from mid-January to late May in even numbered years. Bills introduced in the first part of the session which did not receive full consideration may still be considered in the second part of the session.
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Parts of a Bill
Below is the format for the bills to be used in the Model Legislature:
Oklahoma YMCA Youth in Government
Middle School Bill Form
Name:
School:
Date:
Title of Bill:
_____________________
_____________________
_____________________
Be It Enacted by the People of the State of Oklahoma
Body of Bill:
Definitions:
Penalties:
Effective Date: 90 Days After Passage
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Title
The title of the bill is a summary of what is included in the bill. It is listed in all capital letters and provides a high level description of the bill. The title includes the various sections in the bill such as definitions, penalties and effective date.
Additionally, major ideas from the body of the bill should be included.
For example, in a bill related to regulating driver license tests for the renewal of a driver license, a bill title may look like:
AN ACT TO REGULATE DRIVER LICENSE TESTS TO RENEW A DRIVER
LICENSE; SETTING RESTRICTIONS; DEFINING TERMS; SETTING
PENALTIES AND SETTING AN EFFECTIVE DATE.
Enacting Clause
After the title of the bill, the enacting clause is listed. The standard wording for the enacting clause is Be It Enacted By The People Of The State Of Oklahoma.
Body of the Bill
The next section is the body of the bill. This is the area which describes what the bill is actually doing. The reason why the bill should be passed is not listed in the bill. That information is presented during the bill presentation instead of being part of the bill.
Definitions
The next section is to list any terms that need to be defined. If a new term is being introduced or a certain definition which may not be very common, the term and definition should be listed.
Penalties
The next section is to list any penalties for failing to obey the law once it is passed.
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Effective Date
The last section is to list the date the bill becomes effective after being passed.
The standard date is 90 days after passage. However, if more time will be needed for the State of Oklahoma to prepare for the coming of the law, a later date can be used.
Idea Generation
How do you get ideas for legislation? One method is to brainstorm with a group. This is especially helpful if you plan to have co-authors write legislation.
Your ideas can be easily combined to strengthen the topic. Here are the steps:
1. Pick a facilitator (group lead). This person will lead the discussion.
2. Pick a scribe who will write down the ideas. It works better if the ideas can be written on a flip chart or marker board so the entire group can see the information.
3. The facilitator encourages group members to suggest ideas. As you hear the ideas, it often helps you think of related ideas or completely new ideas. Keep going until there are no more new ideas.
4. Categorize the ideas so that like topics are grouped together.
There are a few rules to keep in mind:
1. Do not judge the ideas as they are being stated. Wait until after all of the ideas have been written down and you are in the categorization stage.
2. Do not make comments to the group participants about the quality of the idea.
3. Keep generating as many ideas as quickly as possible. Keep going until there are no more new ideas.
Research
Now that you have your idea(s), what do you do? You will need to research. First, check the Oklahoma State Statutes to make sure your idea is not already a law. To find the Oklahoma State Statutes, access the Oklahoma
State Court Network on the Internet at www.OCSN.net
.
Go to www.OSCN.net
. Then click on Legal Research.
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Click on Oklahoma Statutes Citationized.
The statutes are divided into Titles. These titles have general topics such as Abstracting, Agriculture, Aircraft and Airports, etc. There are times when topics may have multiple titles to which they are related. A portion could be in one title because it relates directly to that title but another portion could be in another title because that part of the topic relates directly to that title. There are some general topics to remember. Civil Procedures (Title 12) governs how the courts work. Crimes and Punishments (Title 21) governs what is a crime and what are the punishments for each crime. Schools (Title 70) governs education.
State Government (Title 74) governs all state agencies.
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Select a title you want to view and click on Expand. You can then browse through the topics. However, if you are not sure where you want to view, click
Search. You then have a search engine bar to enter your topic. Click on Go and a search is conducted of that particular title.
After the students have their bill ideas, allow them time to write their bills in the bill format.
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Part II – Bill Presentations – 60 Minutes
Order of Business for Debating a Bill Guide
Bill Is Laid Out by the Chair
Announce “We will now hear Bill #X by X. Would the Reading Clerk please read the caption of the bill?”
Reading the Bill Caption
The Reading Clerk reads the title of the bill plus the phrase “Be it enacted by the people of the State of Oklahoma.”
Explanation of the Bill by the Author(s) – 3 Minutes
The bill author has five (5) minutes to explain the bill. When the author has finished the explanation and there is still some time remaining, ask the author what to do with the remainder of the time. The options are:
1. Waive it (goes away)
2. Yield it to questioning
3. Yield it to another speaker
4. Yield it to the author’s summation
Question Period – 3 Minutes
The Chair calls upon members to ask question. The Chair either points to the person being recognized or identifies who can ask a question verbally. When the person is recognized, he/she stands, states his/her name and school and asks the question. Only one question is allowed per person until all wishing to ask a question have had a chance to ask his/her question. The person may request a follow-up if they have a two-part question and the Chair decides whether a follow-up is allowed. This decision should be based upon how many other questions are on the floor. If there are no questions, the Chair asks “On questions, on questions, on questions? Seeing no questions, we will move to debate on the bill.”
Debate on the Bill – 3 Minutes per Side
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The Chair announces “We will now have debate on the bill. Are there any opponents?” If there are no opponent speakers then the Chair states “Seeing we have no opponents can have no proponent speakers. We will now move to the
Author’s Summation.” If there is at least one person who wishes to make an opponent speech, the Chair also asks for proponent speakers. The speeches are alternated between opponent and proponent with having an opponent as the last speaker. Each side has three (3) minutes to divide among all of the speakers. For example if there are three (3) opponent speakers and two (2) proponent speakers, each opponent will have one (1) minute to speak and each proponent will have one-and-ahalf (1 ½) minutes to speak. The order would be opponent, proponent, opponent, proponent, and opponent. At the end of each speakers speech, if he/she has time remaining, the Chair asks what to do with the remainder of the time. The options are:
1. Waive it
2. Yield it to another speaker
3. Yield it to questions. Then a question period for the speaker is conducted for the remainder of the speaking time.
4. Yield it to questions of the author. Then a question period for the author is conducted for the remainder of the speaking time.
5.
Yield it to the Author’s Summation. The time is added to the
Author’s Summation.
Author’s Summation – 3 Minutes
The author has three (3) minutes to summarize the bill and to persuade members to vote for it.
Voting on the Bill
The Chair states “We will now proceed to a vote on the passage on this bill (as amended). All those in favor, please say aye. All those opposed, please say nay.” Announce the vote based upon which side had the most voice votes. “In the eyes of the Chair, the ayes have it. This bill does pass.” Sound the gavel. If a member calls out “Division!” before the gavel has been sounded, the Chair announces “Division has been called. We will now move to a standing vote.
Would al l those in favor of passage of the bill please stand?” Count the votes.
“Would all those who oppose the passage of the bill please stand?” Count the votes. The Clerk should also count and compare the number of votes with the
Chair’s count. If there is a tie, the Chair casts the deciding vote. After the vote has been concluded, the Chair announces “This bill does pass” or “This bill does not pass” and sounds the gavel.
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Bill Presentations
How do you know how to present your bill? There are three basic parts for which you need to prepare:
1. Author’s Explanation
2. Question Period
3. Author’s Summation
In the Author’s Explanation, this is the time for you to introduce your bill.
Explain what your bill is going to accomplish and how it is going to do it. Avoid reading the bill to the chamber and avoid telling the chamber the bill is “selfexplanatory”. An example of an Author’s Explanation would be “This bill is concerning requiring a driver test to be taken when someone renews their driver license. Every four years when a driver wants to renew their license, they will need to take the written examination and achieve a passing score. This law would become effective November 1, 2008.”
In the Question Period, you need to be prepared to answer the questions asked of you. Anticipate what questions you will be asked and research those answers. Even ask someone who is supportive of your bill to ask certain questions to assist you in making your points. While preparing for your presentation, find someone who is opposed to it. Interview them and ask why they are against it. Listen to their arguments and then research the information which supports your bill in regards to the opponent’s argument.
During Author’s Summation, you now have the opportunity to debate for your bill. You can be persuasive and passionate during this stage. This is your last opportunity to sway people to vote for your bill. Be sure to address any arguments stated by opponents during the previous debate.
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Parliamentary Procedure Basics
There are some basic concepts to keep in mind concerning parliamentary procedures:
1.
Only one person is allowed to speak at a time. This is called “Having the floor.”
2. To obtain the floor, the person must be recognized by the Chairperson.
3. There are very few reasons to obtain the floor: a. Ask a question during the question period b. Make a motion c. Making a presentation as a bill author d. Debating during the debate time period for a bill
4. After the Chairperson has pointed to the member to recognize them, the member stands, says his/her name and says his/her school. Then the member may state the question or motion.
5. The motions that may be made are: a. Previous Question – may be made after the question period. If this passes, debate ends and the Chairperson then proceeds to the author’s summation of the bill. b. Personal Privilege – request of the Chairperson such as “Could the
Reading Clerk please read the title again?” c. Recess – take a 10 minute break. d. Adjourn – close the session for the day. This is only used at the end of the day.
Practice Bill Debating
After the basics of parliamentary procedure have been discussed, choose a
Chairperson and allow the students to practice their bill presentations. Use the
Order of Business for Debating a Bill as the debate format. This should take up to 15
– 20 minutes per bill but can take as little as 5 minutes per bill.
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