North Dakota Department of Health



Legislative Session Training

Prepared by

Arvy Smith, Deputy State Health Officer

Loreeta Canton, Public Information Officer

I. Overview of the Legislative Process

Introduction

The North Dakota Department of Health strives to work with legislators, the Governor’s Office and our stakeholders and partners throughout the legislative session. Department personnel are expected to cooperate with the legislative process. That means providing information to legislators, the Governor’s Office and others when requested, preparing testimony, and testifying before committees. It is important to remember that in any interaction with legislators and others, you are representing the department; therefore, it’s imperative you do so in a way that protects the credibility of yourself and the department.

Lobbying vs. Providing Information

Although the Department of Health is prohibited by law from lobbying, we are allowed to provide information to the legislative assembly. However, exactly what constitutes lobbying can at times be confusing. The following information is provided to help clarify the issue.

In a May 2004 opinion, the North Dakota attorney general determined that “political subdivisions may provide the public with neutral factual information but may not, without express legislative authority, expend public funds for the purpose of influencing the result of an election issue. Furthermore, a previous AG opinion “determined that a newspaper insert paid for by a county commission ‘went far beyond a fair presentation of facts,’ and instead advocated the commission’s position relative to a bond issue.”

North Dakota Century Code, Section 54-05.1-02, defines a lobbyist as any person who, in any manner whatsoever, directly or indirectly, performs any of the following activities:

• Attempts to secure the passage, amendment or defeat of any legislation by the legislative assembly or the approval or veto of any legislation by the governor of the state.

• Attempts to influence decisions made by the legislative council or by an interim committee of the legislative council.

Chapter NDCC 54-05.1-02 does not apply to any person who is:

• A legislator.

• A private citizen appearing on his own behalf.

• An employee, officer, board member, volunteer or agent of the state or its political subdivisions, whether elected or appointed and whether or not compensated, who is acting in that person’s official capacity.

• Invited by the chairman of the legislative council, an interim committee of the legislative council or a standing committee of the legislative assembly to appear before the council, interim committee or standing committee for the purpose of providing information.

• An individual who appears before a legislative committee for the sole purpose of presenting testimony on behalf of a trade, professional organization, or a business or industry if the individual is introduced to the committee by the registered lobbyist for the trade, professional organization, or a business or industry.

If you choose to testify as a citizen of North Dakota and not as a representative of the department, you must take annual leave. Remember to have it approved in advance through regular channels and in writing in case it is later questioned.

If you contact legislators as a private citizen, do not use department electronic devices – such as computers, cell phones, faxes, etc.

The Legislative Schedule

Each session of the North Dakota Legislative Assembly begins shortly after New Years Day and, by statute, lasts 80 days. The legislature typically is in session on Martin Luther King Day, President’s Day and Good Friday. Bills may be heard and committee work conducted on those holidays, so plan to provide coverage in the department on those days. Crossover is an established date by which all bills must be out of the house of origin and forwarded to the second house. The legislature typically takes a two-day recess at crossover. See the attached calendar.

How a Bill Becomes Law

Between the conclusion of the organizational session and the regular session (usually from December 10 through December 24), a legislator may prefile a bill with the Legislative Council. These prefiled bills are introduced on the first day of the regular session. Agencies also have a deadline to prefile bills. (The deadline for the 2011 legislative session is December 9.)

Unless officially withdrawn, all bills submitted must be acted upon by the legislative body.

During the legislative session, a legislator can deliver a bill to the bill clerk of the appropriate house any time during the day. Every bill received by the bill clerk before the deadline set for that day is numbered by the clerk and is introduced during the Ninth Order of Business (the order for introducing bills of that house). Upon introduction, the bill's title is read by the Secretary of the Senate or Chief Clerk of the House. This is known as the First Reading.

Once a bill receives its first reading, this procedure is followed:

1. The presiding officer refers the bill to a standing committee with the appropriate subject matter jurisdiction over the bill. The committee chairman schedules a public hearing on the bill. By custom, every bill referred to committee is scheduled for public hearing.

2. After public hearing, the committee must report the bill back to the floor for a vote. A committee report is received during the Fifth Order of Business. A committee must make one or more of the following recommendations with respect to a bill: do pass, do not pass, be amended, be referred to another committee, or be placed on the calendar without recommendation.

3. Every bill reported from committee is placed on the calendar for consideration during the Eleventh Order of Business (the order for Second Reading, when measures are voted on for final passage) the next day. If the recommendation is for amendment, the amendment is voted on first under the Sixth Order of Business (when amendments are considered), rather than final passage, and then the amended bill is voted on the day following the day of the vote on the amendment. For example, a bill is reported back on Wednesday (during the Fifth Order), the amendment is voted on Thursday (during the Sixth Order), and the vote on final passage is on Friday (during the Eleventh Order). If the bill passes, it is messaged (delivered) to the other house, where a similar procedure is followed. If the bill is amended in the other house, it is returned to the house of origin for concurrence. If the house of origin does not concur, the presiding officer of each house appoints three members to a six-member conference committee to resolve differences. The house of origin votes on the conference committee report first, then the other house votes on the conference committee report.

4. Once a bill has passed both houses in exactly the same form, it is enrolled (retyped with all amendments in place) by the Legislative Council staff, signed by the presiding officer of each house, and delivered to the Governor for approval.

5. The Governor may sign a bill and forward it to the Secretary of State, forward a bill to the Secretary of State without signature, or veto a bill or items in a bill. While the Legislative Assembly is in session, a bill becomes law if the Governor neither signs nor vetoes it within three legislative days after its delivery to the Governor. If the Legislative Assembly is not in session, a bill becomes law if the Governor neither signs nor vetoes it within 15 days, Saturdays and Sundays excepted, after its delivery to the Governor. If the Governor vetoes a bill while the Legislative Assembly is in session, the Governor must return the bill to the house of origin for a vote on whether to sustain (agree with) the veto. If the house of origin passes the bill by a two-thirds vote of the members-elect, the bill is sent to the other house and if that house passes the bill by a two-thirds vote of the members-elect, the veto is overridden and the bill is delivered to the Secretary of State.

A law usually takes effect on August 1 after its filing with the Secretary of State. An appropriation measure for the support and maintenance of state departments and institutions or a tax measure that changes tax rates takes effect on July 1 after its filing with the Secretary of State. Later effective dates can be specified in a bill, and a law that is declared an emergency measure and that passes each house by a vote of two-thirds of the members-elect of each house can take effect upon its filing with the Secretary of State.

Communicating With Legislators

Use the Legislator Contact Notification form on the department’s intranet site to inform the Office of the State Health Officer of any contact with legislators, meetings held or scheduled with legislators, or requests for information from legislators.

Any legislative communications through e-mail requiring a quick turn-around from the state health officer should be routed to the SHO’s administrative assistant in addition to the SHO. The SHO’s administrative assistant will ensure that the SHO receives them in a timely manner. This includes e-mails regarding the department’s position on bills and information as to the status or recent actions on a bill.

Any and all material for the department that is to be delivered to the legislators during the legislative session should be routed through the SHO’s administrative assistant. This includes all department publications normally mailed to the legislators. The materials will be delivered to the proper chamber in accordance with procedures of the legislature.

Sometimes, legislators will request information from the department. Honor all requests for information within reasonable timeframes. When necessary, seek clarity regarding the content and deadline for the request. If a complicated request for information comes during a committee hearing, it may be necessary to work with the committee member after the hearing to obtain the details and format for your response.

Bill Tracking

The Office of the State Health Officer is the coordination center for the department’s legislative activities.

The department tracks or monitors all bills that (a) impact the department financially, (b) relate to the mission and objectives of the department, and (c) affect the operations of the department. During the session, a centralized Access file is maintained daily by the SHO’s administrative assistant to coordinate activities with regard to legislative bills the department is actively tracking. The administrative assistant also maintains a master bill file that includes the original bill, testimony, fiscal notes and amendments, as well as journal books and bill status reports.

Each bill the department tracks will be assigned to a section chief, division director or program manager to act as lead coordinator for the bill. The responsibility of lead coordinator includes working with the SHO and deputy SHO to determine what position the department will take on the bill and who will prepare and provide testimony. The lead coordinator also is responsible for ensuring attendance at hearings, tracking amendments and other developments, and reporting them to the SHO and DSHO at the weekly update meeting, or earlier if needed. The weekly update meetings are tentatively scheduled from 12 p.m. to 2 p.m. each Friday of the session.

II. Testifying on Behalf of the Department

Introduction

There are many things to consider when testifying on a bill before the legislature, including the official department position, the preparation and delivery of testimony, and future legislative relations. Strategy and good communication skills are important to the process. The goal is to make it an effective endeavor while avoiding many of the frustrations that can go along with the process if not done well.

Usually, the department’s purpose in testifying is to inform legislators so they can make good decisions regarding the issue. Offer subtle persuasion – let the facts speak for themselves.

Think about what the word testify means: to declare (under oath) before a tribunal or officially constituted public body.

We do not testify in front of a committee to debate an issue, so don’t argue with legislators. Recognize when they are stating an opinion and don’t debate it. Learn how to disagree without being disagreeable.

Remember: One negative encounter will adversely impact all future contacts by you and by other department personnel.

Taking a Position on a Bill

The decision about whether the department takes a position on a bill will be made at the executive level with input from the Governor’s Office. In making that decision, the following factors are considered:

• Does the bill impact the department financially?

• Does the bill relate to the mission and objectives of the department?

• Is it winnable?

• Will our involvement make a difference?

• Does the Governor’s Office approve our position?

• Does it affect our operations?

It is important to note that the department should not support any legislation with a fiscal impact that is not in the department’s budget as recommended by the Governor.

Preparing Testimony for a Bill

Lead coordinators will be responsible for providing or coordinating testimony on bills assigned to them. The deputy state health officer will approve all testimony provided. A copy of all planned testimony is required to be e-mailed for review to the DSHO and the PIO 48 hours in advance of the hearing. A final copy of testimony will be provided to the SHO, the SHO’s administrative assistant and the lead coordinator prior to delivery of testimony.

Always prepare testimony with the reader and listener in mind. For example, organize it logically, use headings, spell out acronyms and avoid jargon.

When writing testimony, anticipate any questions and opposition from legislators and others. By addressing the questions and/or opposition in your testimony, you are able to head off some of the opposition by identifying flaws in opposing arguments. This is important, since you may not get the opportunity to rebut opposing testimony after your testimony is finished.

Always prepare your testimony in writing for distribution. The department’s standardized format is:

• Text

o Microsoft Word

o Times New Roman Font

o 14-point font size

o Left justification (ragged right edge)

o 1.25-inch margin on the left; 1-inch margin on the right

o Single spaced

o Not all caps

• Heading – double spaced, bold type (see example below):

1) Testimony

2) [Bill number]

3) [Committee name]

4) [Day of week, month, day and year]

5) North Dakota Department of Health

• Introductory paragraph (see example below):

o Good [morning, afternoon], Chairman [last name] and members of the [name of committee]. My name is [first and last name], and I am the [title] of the [section, division or program name] for the North Dakota Department of Health. I am here today to provide testimony [in support of/in opposition to/regarding] [topic of testimony].

• Heading and introductory paragraph (example):

Testimony

Senate Bill 2218

House Human Services Committee

Wednesday, March 5, 2003

North Dakota Department of Health

Good morning, Chairman Price and members of the House Human Services Committee. My name is Kenan Bullinger, and I am director of the Division of Food and Lodging for the North Dakota Department of Health. I am here today to testify in support of Senate Bill 2218.

Copies of written testimony are provided at the hearing. Check the size of the committee before printing copies. Copies should be provided to committee members; the Legislative Council; Office of Management and Budget staff or Governor’s staff, if present; and the media. You may also provide some copies to the audience. Copies should be one-sided and three-hole punched.

Characteristics of Effective Testimony

Effective testimony is clear and instantly understandable. It contains no jargon, defines all acronyms and is never vague.

Keep it simple, uncluttered, concise and as brief as possible. Avoid being too technical. Also, don’t overuse technology, such as PowerPoint presentations, conference calls, etc.

Make sure your testimony is complete, but not overdone. The committee can and will cut you off. Provide sufficient information and education, make your point, and sit down.

Always be accurate and truthful, and support your position with facts and experience.

Do not repeat previous testimony. You can refer to previous testimony, but do not restate it. Also, do not repeat what others have said in the hearing; instead, refer to it.

Public Speaking Refresher

Many people are nervous about public speaking. The best way to combat nervousness is to focus on your message, not on yourself. The following tips will help you make an effective presentation.

Present a professional image to your audience. Body language is important. Be courteous, sincere, firm and confident – not stiff and arrogant.

Don’t fidget or make nervous gestures with your hands. Don’t grip the lectern.

Make eye contact with each member of the committee.

Speak slowly and confidently. Enunciate clearly – don’t mumble.

Project – speak up and make sure they can hear you.

Pause once in a while. Don’t race through your testimony.

Testifying on a Bill

Dress professionally when attending or testifying at hearings, and wear your name badge. No jeans or hats are allowed in a committee room. If there is a chance you will be in a committee room on a Friday, you will not be able to participate in the department’s Casual or Jeans Days.

As few staff as possible should attend hearings.

Sign your name in the attendance register, and indicate if you are testifying.

Always be present for the entire hearing.

Wait your turn. The order of testimony is:

1) Bill sponsors.

2) Other legislators.

3) Proponents.

4) Opponents.

If the department’s position is neutral, you may want to testify last after the proponents.

Follow this protocol each and every time you respond to a question or address the chair and the committee:

• Start of Testimony – “Mr. (or Madam) Chair, members of the committee” or “Chairman Doe, members of the committee ….”

• Responding to a Question – Add or replace members of the committee with “Representative (or Senator) Doe.” If you are unsure of the name or chamber of the legislator, it is okay to simply say “Chairman Doe, members of the committee.”

If you are stating a quick confirmation of understanding, it is proper to limit your response to “Yes, that’s correct, Mr. Chairman.”

Summarizing your testimony is the most effective way to present the information. However, if it is a highly technical topic, it may be safest to read the testimony. Also, if you are uncomfortable or unsure, it is okay to read your testimony. However, always be conversational – even if you are reading the text.

Always be knowledgeable about the bill – study it, know it, and understand the bill’s impact.

Don’t be nervous – the committee wants to hear what you have to say and appreciates your input. You also don’t have to apologize for taking their time – you are helping them do their job.

Legislators may come and go during testimony for good reasons; don’t be offended by this.

Demonstrations and applause are not appropriate, nor is addressing a witness or committee member when you are an audience member.

Don’t expect immediate action – it’s unlikely at the original hearing.

If you are asked a question to which you don’t know the answer, it is okay to offer to provide the requested information later. If necessary, follow up on details of the request after the hearing.

Responding to Questions at the Hearing

This often is the hard part. To help yourself prepare, anticipate questions and develop answers in advance. Also, anticipate opposition to your position and address that opposition in your testimony.

Don’t ever bluff an answer. It’s okay to say “I don’t’ know” and offer to bring the information to them at a later date. You don’t need to be embarrassed by this.

Don’t ask questions of a legislator during testimony unless it is to clarify a question that was posed to you.

Preserve your credibility – never attempt to answer questions for which you do not have the facts. Never misrepresent a fact or provide misleading testimony. Never offer an opinion that is not backed with factual information, and don’t base your testimony on anecdotal evidence from others.

Respond to their questions. Typically, they want only what they ask for and no more. You may get an opportunity to stretch your response to their question and make a point you want to make. However, this needs to be important enough to take the risk.

Know when to end it. If you get in a tough situation, don’t engage in arguing. Recognize and take an opportunity to end it in a diplomatic manner.

Establish and Maintain Credibility

You need to get the listener to accept the content and your personality and technique. You can do this best by showing that you are competent, trustworthy and enthusiastic. Don’t give them a reason to find fault. Don’t patronize them; always be truthful; and avoid personal opinions.

Never Burn Bridges

Remember, even though you may not win one issue, you may gain respect and credibility that will assist you on the next issue. In the legislative process, a variety of considerations come into play other than the content of the issue. Process is important to the legislators.

It’s a Fascinating Process!!

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