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Legislative
Manual |
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Advocating
for
Persons with
Mental Illness
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NAMI North
Carolinas mission is to support, educate and advocate. This manual focuses on
advocacy, although any effective advocacy requires a great deal of education and support
of legislators and community leaders. NAMI North Carolina
advocates for the comprehensive, appropriate treatment of the mentally ill and the needs
of their families. How and whether that level of treatment and support occurs is a
function of the state budget, rules, and laws effecting mental health. As family members
and friends of those with mental illness, we either can allow others to make these
decisions or we can participate in the process of making and forming the laws, rules, and
budgets themselves.
We would like to offer our thanks to the NAMI North Carolina Legislative Committee. We
gratefully acknowledge these sources |
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- The North Carolina Psychological Association Legislative Handbook
- The Coalition 2001 Handbook
- The League of Women Voters "Tips for Effective Lobbying"
- The SEANC/ EMPAC Legislative Action Guide
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The General Assembly
at a Glance
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The North Carolina General
Assembly, also referred to as the Legislature, sets policy and makes laws. It also adopts
the State Budget and largely controls how funds are allocated. The Governor has veto
power, but rarely uses it. The General Assembly is composed of two chambersthe
Senate and the House of Representativeseach of which has its own elected leaders and
committee structure.
The North Carolina General Assembly consists of 50 members in the Senate elected from
72 districts and 120 members elected from 55 districts in the House of Representatives.
Each legislator is elected for a two-year term which begins in January of each
odd-numbered year.
The General Assembly is required to meet for a long legislative session in odd numbered
years. The long session typically lasts from January to July.
In even numbered years, the General Assembly meets for a short session from May to
July, primarily to adjust the budget passed during the long session.
When in session, the Senate and House generally meet Monday evenings, early afternoons
Tuesday through Thursday and Friday mornings. Committees generally meet in the mornings
and late afternoons.
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The Senate
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The Lieutenant Governor serves as
President of the Senate and is elected by the people in a statewide election to serve a
four-year term. A President Pro Tempore is elected by and from the Senate membership to
serve in the absence of the Lieutenant Governor. Senate committees are appointed by the
President Pro Tempore. The Lieutenant Governor has no voting privilege except to break a
tie.
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The House
of Representatives
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The Speaker of the House of
Representatives is elected by and from the membership of the House. A Speaker Pro Tempore
is elected to serve in the Speakers absence. House committees are appointed by the
Speaker of the House.
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The
Funding Process
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Development of the budget for the
state is a two-year process. It begins at least eight months prior to the convening of a
General Assembly session when the Departments within government are asked to develop their
budget recommendations. Here is an outline of the process with the approximate timeline: SpringGovernor
gives the Departments budget guidelines for developing the biennial budget.
Spring and SummerDepartments (e.g., the Deptartment of Health and
Human Resources) request priorities from the Divisions (e.g., the Division of Mental
Health) to develop budget priorities. The Divisions, in turn, request priorities from
local programs.
FallDepartments develop their priorities and submit them to the
Governor.
The Governor develops his budget.
JanuaryThe General Assembly convenes and the Governor presents the
budget package. The package is referred to the Appropriations Committees in the House and
Senate.
Winter and Early SpringThe House and Senate Appropriations
Committees break into subcommittees by topic to review the base (current) budget, plus the requests for increases (expansion budget). The
House Speaker and Senate President Pro-Tempore appoint these
committees which may meet jointly.
Late SpringThe appropriation sub-committees make recommendations
to the full appropriations committee, and deliberations begin on a final budget proposal.
Any bills introduced which request funds in addition to the proposed budget are called
special bills and are referred to the appropriations committee.
At the close of the session the final appropriations bill will be reported out of
committee to the full House and Senate for approval. After appropriations bill approval,
the special bills which are being recommended for funding will be reported out and acted
upon by the full House and Senate.
The General Assembly will return to Raleigh for a short budget session, usually in May
in even numbered years, to review the second year of its appropriations and make
adjustments (e.g., adding raises for state employees).
If a bill is introduced which carries both policy changes and funding it must go
through the general bill process as far as a committee giving it a favorable report. Then
it becomes part of the appropriations process as a special bill.
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How a Bill
Becomes Law
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1 |
Pre-filing of bill with the
principal clerk of the House or Senate by a member |
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Introduction of a bill by a member or receipt
of a bill from the House or Senate Note: A legislator who
introduces a bill is referred to as the bills sponsor. |
| 3 |
First reading (by title only) |
| 4 |
Referral to Committee by Speaker of the House
or President Pro Tempore of the Senate |
| 5 |
Committee consideration and report
Note:
Once in committee, a bill may be amended or referred to additional committees and/or
subcommittees. This is a crucial step in the legislative process because an unfavorable
committee report can halt the progress or "kill" a bill. |
| 6 |
Placed on House or Senate Calendar |
| 7 |
Second reading (debate) |
| 8 |
Third reading (debate)
Note: Both the
House and Senate must approve the bill (repeating the process in the second chamber)
before it can be passed into law. If a bill passes in a different form in the second
chamber and there is to concurrence by the first chamber, the bill must be referred to
Conference Committee in an attempt to make the bill acceptable to both the House and
Senate. |
| 9 |
Joint House and Senate Conference Committee
Consideration (when necessary) |
| 10 |
Enrollment (printing the legislation in its
final form) |
11 |
To Secretary of State for inclusion in Official
Records and Printing
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Contacting
Legislators
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Telephone calls.Try to talk with
the legislator directly. Most do not mind receiving calls at home, but only at reasonable
hours. If you encounter a staff person, communicate the same information to him or her,
but tactfully request a return call from the legislator. E-mail.
Legislators may receive hundreds of messages and may be unable to reply to
all. This is an effective and easy way to register an opinion.
Written
communication. Address the letter properly. Confine your message to a single page. Do not
use form letters. Ask for a response.
Face-to-face meetings. Set up the contact at a convenient time.
Breakfast is a good time because legislators may be more available. Take a fellow member
with you for support, but let the legislator know in advance. Explain NAMIs goals,
and be brief.
Follow-up. Follow up your contact with a thank you letter, whether or
not the legislator supported your bill and whether not it passed.
Feedback. Share correspondence with the state office or your affiliate
and send a note detailing the contact and the result. |
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Tips for
Effective
Legislative
Interaction |
Develop personal
relationships. Legislators value the information and opinions they
receive from constituents. Do not underestimate this. Begin to develop a personal
relationship so that when NAMI North Carolina or your affiliate needs you, you can act
quickly. Be brief. Legislators receive information on many hundreds of subjects. Be
brief and concise.
Be timely. Contact your legislators early. Even if they cant
commit on your issue, they will know that it will be coming up and can contact you. Once
they do commit, it is very hard for them to change and still maintain credibility.
Be honest and dont bluff. If you dont know the answer to a
question, say so. Then research the question and get the answer to the legislator
promptly. If you conceal important facts or give legislators bad information, your case is
dead.
Be clear. As generalists, legislators and staff are not up on the jargon
of the mental health system. Dont use acronyms that only some of us understand. At
the same time, dont be condescending or talk down to them. Be concise and
straightforward.
Explain how the general public will benefit. Legislators know the
majority of individuals who come to them have a personal interest in the legislation they
are supporting. Besides explaining how the legislation affects your family or friends,
explain how it will benefit the general public. For example, you may talk about how
legislation to help your family member will also benefit our state and our society by
reducing the costs of mental illness.
Avoid becoming defensive or angry. The majority of legislators are
trying to do a good job under pressure. So give legislators the benefit of the doubt and
do not become defensive or angry if a legislator disagrees with your position. Be polite
and straightforward. Remember, in politics, todays opponent can be tomorrows
allyunless you have made a permanent enemy.
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 Member to
Member
Behind the
Scenes at the
North Carolina
General Assembly
by Beth Melcher, Ph.D.
Director of
Government Relations,
NAMI NC |
Despite public cynicism, I always
am amazed at our system of government and the fact that it actually works. In the
legislature, elected individuals from all walks of life and persuasions debate the needs,
issues and concerns of our citizens. It is a microcosm of who we are and provides a forum
to seek, above all, compromise and agreement on issues that could divide us. It is not a
pretty process as it lurches along, but for the most part, it works. I dont share
the public cynicism. The reality is that any constituency can influence the political
process, provided constituents
- Are organized
- Are articulate
- Present workable solutions instead of merely identifying problems
- Have cultivated a broad base of support
If we havent been as successful as wed like in the legislature advocating
for the issues that concern us, then we must get better at presenting our concerns.
The best example of successful advocacy is our recent fight to place
limits on use of seclusion and restraint, which overcame what initially
seemed like insurmountable odds. How did we succeed?
- We had strong leadership through the sponsor of the bill and those leading the
coalition of groups.
- We did our homework, got our facts rights, and took a great deal of time educating
legislators and the media.
- The grassroots responded. Constituents contacted legislators and joined us in sending a
clear message that this is an important issue to the folks back home.
- Confident of the public support, legislators were able to reject pressure by
opposing lobbyists.
I believe this is a success we can repeat to address funding and
service needs.
Advocacy works.
For information, contact Beth Melcher at 919-788-0801.
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