THE LEGISLATIVE
PROCESS AND
ADVOCACY
Presented to NASW-OK Chapter
March 10, 2011
by
Sandra Benischek Harrison
Coordinator, Office of Legislative Relations and Policy
Oklahoma Department of Human Services
1
2
The Oklahoma Legislature
3
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.
4
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.
5
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.
6
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.
7
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.
8
9
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.
10
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.
11
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.
12
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.
13
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
14
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.
15
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.


Listen carefully.



1 or 2 page summary of your position.
Know what view the legislator has so you can assuage any
concern.
Follow up with a letter.
Don’t bring gifts unless homemade food
16
Legislative Session
17
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
18
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.
19
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
20
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
21
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
22
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
23
“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]
24
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.
25
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.
26
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
27
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.
28
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.
29
30
31
32
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/.
33
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.
34
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.
35
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)).
36
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.
37
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.
38
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.
39
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.
40
Source:
Oklahoma
House of
Representatives
Legislative
Manual 2010
41
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.
42
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.
43

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
44
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.
45
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.
46
47
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.

48
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
49
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.
50
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


Human Services Committee



Chair – Pam Peterson, Tulsa
Vice Chair – Mike Sanders, Kingfisher
Long Term Care & Senior Services Committee



Previously part of A & B generally
Chair – Sally Kern, Oklahoma City
Vice Chair – R.C. Pruett, Antlers
Public Health Committee


Chair – John Enns, Waukomis
Vice Chair – David Derby, Owasso
51
Definitions

Lobbying


Lobbyist


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.
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.
52
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.
53
Legislative History
SENATE 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
54
Okmulgee County.
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
55
rd
53
Legislative Deadlines

February 7:
February 21:

February 28:

March 3:

March 3:

March 17:
53rd Legislature Convenes
Double-assigned Senate Bills
reported from 1st Senate
Committee (i.e. Standing)
Single-assigned Senate Bills in
Senate Committees
House Bills reported from House
Committee
Double-assigned Senate Bills from 2nd
Committee (i.e. Appropriations)
Chamber vote of a bill in
chamber of origin (House of Rep.
and Senate)

56
rd
53

March 31:

April 7:

April 14:

April 28:

May 27:
Legislative Deadlines
Double-assigned House Bills
reported from 1st Senate
Committee (i.e. Standing)
Single-assigned House Bills
reported in Senate Committee
Double-assigned House Bills
reported from 2nd Senate
Committee (i.e. Appropriations)
Chamber vote of a bill in
opposite chamber of origin
(House of Rep. and Senate)
Sine Die Adjournment
57
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
58
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
59
House of Representatives
Rule 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.

60
House of Representatives
Rule 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.




61
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 LSWADM, and it prohibits any other individual from using such title.
 Pending House General Order
62
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
63
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
64
Questions?

Legislative Contact

Sandra Benischek Harrison




Coordinator, OKDHS Office of Intergovernmental Relations
and Policy
(405) 521-6392
sandra.harrison@okdhs.org
Recommended Reading
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Guide to State Legislative Lobbying by Roberty L.
Guyer
Drafting Legislation and Rules in Plain English by
Robert J. Martineau
65