Presentation Transcript

1. Legislative Advocacy: Lobby 101

   James Dold, J.D. Policy Counsel
2. Overview "This session will provide an introduction and overview to successful lobbying strategies at the state-level that will focus on: An overview of the Maryland legislative process; Building effective bi-partisan legislative coalitions; and Important strategy considerations when engaging in policy advocacy.
3. Why do policy? Working on policy, legislative advocacy, and legal reform is one of the most effective ways to create rule of law and long-term systemic change [OUR BIG GOAL!] Rule of law and long-term systemic change must be grounded in core human rights principles: Victims of human trafficking have inalienable rights to safety, security of person, freedom from torture and slavery, among other rights. The government, acting on its own or through its agents, has the responsibility to ensure that these rights are promoted and protected. The non-governmental community must hold the government accountable for realizing rights on behalf of those who are excluded and marginalized.
4. Federal and State Law Federal: Trafficking Victims Protection Act of 2000 (TVPA) (Reauthorized in 2003, 2005, 2008, & 2011) State: currently, 49 states and the District of Columbia have laws against human trafficking International:Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children (UN Convention Against Transnational Organized Crime)
5. State Ratings Chart: Laws Needed For details on laws states have and are missing, visit our website at: www.polarisproject.org
6. Basic Legal Framework Sex Trafficking Offense Labor Trafficking Offense 3. (a) Asset Forfeiture for Human Trafficking 3. (b) Investigative Tools for Law Enforcement 4. (a) Training on Human Trafficking for Law Enforcement 4. (b) Human Trafficking Commission or Task Force
7. Basic Legal Framework 5. Posting a Human Trafficking Hotline 6. Safe Harbor; Protecting Sex Trafficked Minors 7. Lower Burden of Proof for Sex Trafficking of Minors 8. Victim Assistance 9. Access to Civil Damages 10. Vacating Convictions for Sex Trafficking Victims
8. Maryland’s Anti-Trafficking Laws Sex Trafficking: § 11-303. Human trafficking Labor Trafficking: § 3-701. Extortion generally. Investigative Tools: SB 299/HB 345 (2011) NHTRC Hotline Posting: § 15-207. National Human Trafficking Resource Center Hotline information; See also HB 607. Lower Burden for Sex Trafficking Minors: § 11-303(b). Vacating Convictions: SB 327 (2011)
9. Laws Still Needed in Maryland Asset Forfeiture Legislatively Mandated or Encouraged Training for Law Enforcement Legislatively Mandated or Encouraged Task Force on Human Trafficking Safe Harbor for Minor Victims Victim Assistance/Services Access to Civil Damages Other Important Laws (See CMSL)
10. State Policy Advocacy Tools Polaris Project’s Legislative Toolbox Pending Legislation in Your State Polaris Project Policy Alerts Stay Connected Through the Legislative Circle Collaboration with State Partners Model Laws and Other Resources
11. A Summary of Model Laws and Advocacy Tools Global Rights (2005): State Model Law on Protection for Victims of Human Trafficking http://www.globalrights.org/site/DocServer/StateModelLaw_9.05.pdf?docID=3123 Center for Women Policy Studies (2005): Model Provisions for State Anti-Trafficking Laws http://www.centerwomenpolicy.org/pdfs/TraffickingResourceGuide.pdf Department of Justice (2007): Model State Anti-Trafficking Criminal Statute http://www.csg.org/knowledgecenter/docs/pubsafety/ModelStateAnti-TraffickingCriminalStatute.pdf
12. A Summary of Model Laws and Advocacy Tools Polaris Project (2010): Model Provisions of Comprehensive State Legislation to Combat Human Trafficking http://www.polarisproject.org/storage/documents/policy_documents/state_policy/Final_Comprehensive_ModelLaw__8_2010.pdf Shared Hope International (2011): Protected Innocence Initiative http://www.sharedhope.org/WhatWeDo/BringJustice/PolicyRecommendations/ProtectedInnocenceInitiative.aspx
13. Federal and State Legal Framework Federal and state laws should complement each other and form a tightly woven net of protection for the victims and prosecution of the traffickers.  Federal and state law enforcement and prosecutors should communicate and coordinate to ensure that neither trafficking victims nor traffickers slip through this net. Case Example: When laws work.
14. Anti-Human Trafficking Advocacy 101 Policy Advocacy must be grounded in: Promotion and protection of human rights, Human trafficking survivor experiences, A bird’s eye view from the National Human Trafficking Resource Center hotline, The gaps identified by service providers in the human trafficking field, The legal needs of law enforcement and prosecutors, and The implementation of law and policy by prosecutors, law enforcement, and other government officials.
15. What is the Process for Creating Policy & Advocating for Legislation? First of all, IT’S NOT MAGIC!!! Who has ever had an idea to solve a problem? What has ever wanted to change someone’s mind? What are the 4 Ps of passing laws? POLICY EXPERTISE + POWERFULLY ENGAGED PUBLIC + PRESSURE + PERSISTANCE
16. The Process – AKA It’s not magic!
17. The Process Problem or Gap Identified Who identifies the problem or gap? Clients Callers Field Advocates Service Providers Legislators
18. The Process Bill is Drafted Who drafts the bill? Coalition members Legislative counsel Advocate partners Others How do we draft the bill? Try out our Legislative Toolbox! Discuss Later Today
19. The Process How do we engage advocates? Develop working groups to organize coalition members and other interested stakeholders Assess capacity & readiness How do we engage legislators? Contact legislators who sponsored bills in past Follow up on leads from advocates Contact Your Legislators Legislators Advocates Engaged
20. The Process What happens once we have a law? Depending on the law, training may be needed: Law Enforcement, State Agencies, Teachers, etc. The National Training & Technical Assistance Program at Polaris provides some trainings. The Polaris Project’s Policy Program also stays involved for monitoring purposes Why is enacting law so important? Not a trick question! Remember what we said about “Why We Do Policy?” It is one of the most effective ways to create long-term systemic change [OUR BIG GOAL!] Law is Enacted
21. Remember: People Make Policy
22. The Maryland Legislative Process Bill Introduction and First Reading -precursor to committee assignment Committee Often times bills will be sent to subcommittees for deliberation and then will be advanced to the full-committee James Dold, preparing to testify before the Courts of Justice Committee in the House of Delegates in Richmond, Virginia.
23. The Maryland Legislative Process Second Reading Reported to Floor from the Committee (favorable, unfavorable, or no recommendation) Committee may also recommend amendments that can be voted upon by the full House or Senate Chamber Individual members may also offer amendments at this time
24. The Maryland Legislative Process Third Reading Ordered after the second reading Legislative Services or Legislative Counsel will insert any adopted amendments and the bill is reprinted The bill is then placed on the “third reading calendar” and a vote is taken to pass or reject the bill. Opposite House The process is repeated, but some legislatures may differ slightly. For instance, in Maryland the bill is considered a “third reading bill” through out the process. If no amendments are adopted after being passed in the Opposite House, the bill is sent to the Governor.
25. The Maryland Legislative Process Concurrence Votes When the opposite house adopts amendments to the third reader bill it must be returned to the house of origin where it must vote either concur with the amendments or reject them. Conference Committees When the house of origin rejects the amendments from the opposite house, a conference committee is formed. Composed of 3 members from each house that meet to resolve differences. If differences are resolved, a conference committee report incorporating recommendations are issued. Neither House can make amendments to the report and if it is adopted by both Houses it is sent to the Governor.
26. The Maryland Legislative Process Governor Signs or Vetoes Bill Governor O’Malley Signs HB 860 on May 2, 2012
27. Legislative Process for Visual Learners
28. I’m Just A Bill
29. Creation of Anti-Trafficking Bills
30. Drafting Bills Language for potential human trafficking legislation can come from a number of sources including Model Laws, Laws from the Federal Government or other states, or can be drafted from scratch depending on the aim of the legislation. Utilize Polaris Project’s legislative tool box and join our legislative circle to gain easier access to bill language.
31. Bill Requests Bill requests may come from legislators who will ask that you draft bill language. In some cases, legislators may only need a general statement of what the bill should do. Bill requests usually begin with advocates who have identified gaps in existing laws or who want a specific law enacted. After a general draft or statement has been completed the legislative sponsor will ask Legislative Services to draft a bill for introduction.
32. Strategies of Effective Advocacy Build Broad Coalitions Service Providers, Faith Community, Citizens of the Community, and when possible law enforcement and prosecutors Bi-partisan Support Support amongst leadership in both parties Strategic Assessment Coordinated Effort Work on collaborating with legislators, service providers, grassroot network, and law enforcement entities when possible to encourage legislative action Public Awareness Campaign Lobby Days, Trainings, Local News, Press Conferences
33. Strategic Considerations Bill Sponsors Which legislator(s)? Cross-filing Bills in the House and Senate or just one chamber? Media Strategies Letter to the Editors; Press Conferences; Television/Print Interviews
34. Strategic Considerations Stakeholder Support Law Enforcement; Prosecutors; Attorneys General; Service Providers; Faith-based Organizations Conference Committee Decisions Concurrence Votes vs. Conference Executive Engagement Governor Bills Governor Support
35. Lobbying 101 Lobbyists
36. Who to Lobby Who they are influenced by Committee Members and Leadership Cosponsors All Members (often) Legislative Staff Voters Family & Friends Media Legislators Interest groups Staff Experience Profession
37. Where and When to Lobby Where? In the district At the capitol Elevator pitch When? Prior to session During session Day of hearing Day of vote
38. Lobby Preparation Investigate the legislator’s history on the issue and what committee(s) they are on. Prepare and review lobby materials and “leave behinds”. Get your script together: Prioritize your points, decide who will speak. Arrive a little early, but be prepared to wait. Check for recent news on the issue
39. Materials to Bring Advocate/Legislator Issue Briefs Talking Points Advocate Folder Materials should include information on the bill, recent case examples of human trafficking in the State, NHTRC call statistics from the State, State Report on laws & State Ratings Map, Issue Briefs, and contact information for the POC in the coalition.
40. Common Arguments/Challenges to Passing Human Trafficking Laws “There is no problem in our state” “New laws are not needed since existing criminal codes can be used to prosecute traffickers for related crimes” “The Feds can handle it” Lack of knowledge and misunderstandings
41. Lobby Do’s Introduce yourself – and where you are from Know the number, status, and sponsor of the bill Briefly summarize the issue and what the bill does Personalize your appeal – why are you interested? Be HONEST – admit when you do not know an answer Keep things friendly and on point Avoid party politics Be flexible Offer assistance – What can we do to help you? Express your gratitude to staff and the legislators!!!! STATE YOUR ASK – What do you want them to do?
42. Lobby Dont’s Don’t be intimidated – you are most likely the expert Don’t be angry/ hostile Don’t be afraid to disagree and be assertive Don’t veer off topic Don’t take rejection of a bill personally Don’t overwhelm with too much information Don’t be afraid to admit when don’t know the answer to a question- you can follow up later! DON’T FORGET TO STATE YOUR ASK
43. After Your Meeting Follow up! Effective lobbying is about relationships, so don’t meet once and move on. Send a thank you email: Restate your message & provide answers if needed. Alert your legislator to critical votes. www.polarisproject.org/content/view/50/69 Be the resource. After votes - send a quick thank you note to the legislator for their support.
44. How Else Can You Help? Phone & Letters, Email Lobbying Letter to the editor Call in Radio Shows Grassroots: talk to community groups Social Networking - Tell a Friend Outreach on human trafficking to Local Businesses Learn the signs of human trafficking Sign up for Polaris Project’s action alerts: http://actioncenter.polarisproject.org
45. End James L. Dold, J.D. Policy Counsel Email: jdold@polarisproject.org (202) 745-1001, ext. 132