LEGISLATIVE ADVOCACY

Grassroots action is the backbone of an effective Nor-ALFA legislative advocacy program. Letters, phone calls, faxes and e-mail are the means for ensuring that Legislators understand your business environment. Because boarding homes are a heavily-regulated care setting, and because the Legislature is responsible for making the decisions about allocation of resources, your active advocacy with public policymakers is essential.

You Help Drive the Legislative Agenda for Assisted Living in Washington

Nor-ALFA members have traditionally been very involved in the legislative process. For the past five years, Nor-ALFA has retained the services of two full-time Olympia lobbyists. Mark Gjurasic and Terry Kohl are legislative strategists recommend strategies for moving Nor-ALFA legislative proposals through the process, and track all legislation that could potentially impact providers. Working with Nor-ALFA staff, the Nor-ALFA Governmental Relations Committee is responsible for recommending legislative action to the Nor-ALFA Board of Directors and:

  • Proposes legislative initiatives designed to protect assisted living interests
  • Develops and approves association positions on legislation
  • Directs the legislative agenda for the association
  • Coordinates the grassroots lobbying efforts of members

Keys to Effective Grassroots Advocacy Know your legislators

Knowing legislators and staff personally is the first step to having your voice heard. If you haven't met them, set up a meeting and introduce yourself. This is especially important if the lawmaker is new. Welcome them to your facility; now is the time to educate them and they'll remember your courtesy. Establish a friendly relationship by finding common friends or interests, especially if the legislator has any connection to your facility, with your residents, or with resident families, etc. Don't miss the chance to visit with your legislators in the district at town hall meetings or other events. Stop by their offices in Olympia, even if you are just passing through. Legislative schedules can be tricky, so make an appointment if you can, and make sure to develop contacts with the legislators' staffs, also. Don't wait until an important bill is in your legislator's committee or on the floor to develop these contacts. Start early and make friends before you need them.

Be a source of reliable information

Specific knowledge about your assisted living community and your residents is essential if you are to be of any assistance to your legislators. The information you provide must be:

  • Understandable - Remember that your legislator probably does not have the same background in long term care that you do.
  • Accurate - It's ok not to know the answer to a question, simply say you will find out and always follow through. "
  • Persuasive - The bottom line is that legislators need to be convinced that your issues matter.

Build credibility

The goal is to build credibility with your legislators so that they come looking for you when they need information. Give legislators your address, phone numbers at home and work and a fax number. Often when legislators need information, time is of the essence. Don't be afraid to turn to Nor-ALFA staff for help if you don't know the answers to every question a legislator asks. If you inadvertently offer erroneous information, always contact your legislator and explain the mistake as quickly as possible.

Make your legislators experts on your issues

Don't assume that just because legislators are from your district that they know how you would like them to vote on every issue. Give legislators tours of your community often, at least on an annual basis. Invite them to facility events, and make sure they are on the mailing list for your newsletter. They won't be able to attend every function, but the more time they spend with you and your reisdents, the more likely they are to support your cause.

Timing is everything - know the process

You need to know when to strike -- when lawmakers are voting in committee or when you need their vote on the floor. Knowing the process makes it easier for you to target your contacts and make your voice heard. Read Nor-ALFA's Legislative Alerts regularly during the legislative session and keep up-to-date on what's going on. Respond quickly to any request for action on your part.

Ask how they will vote... and hold them accountable

All of your hard work goes for nothing if you don't follow through when the final votes are counted. In your contacts with legislators, be sure to ask how they intend to vote on specific issues. If they do not intend to vote your way, continue to build your relationship and share information that may sway their opinion or be willing to compromise rather than lose the issue completely. If you can't, don't worry; there is always a next time. This week's opposition is inevitably next week's ally. While legislators are interested in doing the right thing, they also realize it doesn't do them any good if no one notices. When legislators support your position, give them credit. Send them letters of thanks and share them with the editor of your local newspaper, comment on their support publicly, and call or stop by to visit them personally. You would hate for them to feel unappreciated the next time you asked for their help. As you continue to work on building relationships with your legislators, remember that you are not just another interest group in the crowd, but professional provider with an expertise in long term care, and with a knowledge of your consumers needs, preferences and requirements. Legislators know the importance of long term care to their constituents, and want to do the right thing for the frail and vulnerable seniors in their district. It is up to you to help them decide what that is by building the credibility your position deserves.

Patience and persistence are the primary characteristics of good legislative advocates.

Building relationships and credibility are key and can be accomplished with time and effort by following these dos and don'ts:

Do:

  • Do your homework -- know your business, your residents, the issues and your legislators. "
  • Develop rapport over time. You do not need to be chummy with a legislator, but you do need to be respected.
  • Treat the legislator with the dignity and respect you expect for yourself. "
  • Work with a legislator's staff. Staff members do research, draft bills make recommendations on amendments and develop expertise in areas in which their legislator cannot devote the time.
  • Develop strong grassroots support. The more people there are forming the consensus that you speak for, the more impact you'll have. Ensure that your families and residents understand the impact of legislative proposals, and ask them to work with you to educate the legislature on key issues.
Don't:
  • Don't be rude, offensive or argumentative. A good guideline to follow is "Will the legislator invite me back or avoid me in the future?"
  • Don't give an ultimatum. Learn to accept rejection without having it destroy a relationship; this week's enemy is often next week's ally.
  • Don't ever resort to name calling. If you use strong negative labels for those who oppose your proposals, you may alienate them forever.
  • Don't expect to change a legislator's mind immediately.
  • Don't get frustrated. We can't expect victory overnight. We often have a difficult task and have to learn to rejoice in small victories.
  • Don't take a shotgun approach. Focus on working with Nor-ALFA on identified priorities so that the message is targeted and specific.
  • Don't forget that legislators are faced with hundreds of bills and thousands of constituents. Building relationships and credibility with your legislator can be difficult if you don't communicate effectively what it is you want.

Working with Legislators and Their Staff

By phone

Phone calls may be best when time is of the essence, when a bill is up for a vote in committee, for example. Phone calls can also be used immediately following a favorable vote to extend your appreciation.

  • Ask to speak with the legislator, but if necessary, spend some time talking with his staff person. You can also call the Legislative Hotline, at 800-526-6000 and leave a message for the legislator to return your call.
  • Clearly identify yourself as a constituent, and identify yourself as a long term care provider.
  • If you have spoken to or seen the legislator recently, remind him or her of the contact. Legislators meet with many constituents and may not remember precisely when they saw or heard from them last. This can help to break the ice and lead into your reason for calling.
  • Identify the specific proposal you are calling about, by bill number if possible. Call about only one issue at a time.
  • Briefly state your position and how you'd like your legislator to vote.
  • Ask your legislator's view on the issue or bill.
  • If necessary, offer to provide information the legislator needs to make an informed decision on the issue.
  • If the legislator is unsure of his or her position or vote, offer to follow up the phone call with another call or visit.

By letter/fax/e-mail

Putting your thoughts in writing is important when you are introducing a complicated topic. It will allow your legislator time to mull over the issue before responding, and will help you to organize your thoughts so that you can explain them more clearly when you meet.

  • Put your mailing address and phone number on all correspondence so that the legislator can easily contact you with questions or for more information.
  • Do not use postcards.
  • Keep your letters to one issue, short and to the point. Refer to the issue specifically or by bill number, if possible.
  • Clearly state what it is you want them to do. Support a bill on the floor? Oppose a bill in committee? Draft a bill or an amendment?
  • Offer specific information on why it is important. What is the bottom line on this issue for your district?
  • Timing is critical. If the letter arrives too early, it may be forgotten before the vote. One or two days before the vote is taken is generally the best.
  • Ask that the legislator state his or her position in the reply.

By personal visit

Visits are important on key issues when your legislators' votes really count. It is more difficult to say no in person than over the phone, or in a letter! They also serve to keep you in mind as a source of information if your legislators can put a specific issue together with your name and face.

  • Call their office or drop them a note before your visit. Let them know specifically what you wish to speak to them about, and offer them two or three alternative times you are available.
  • Address legislators as "Representative" or "Senator".
  • Legislators are often between votes and your time with them is limited. Get to the point or you may miss your opportunity.
  • Be prepared when you arrive. Do your homework in advance so you can speak clearly and concisely on the issue.
  • Have something in writing to leave behind with the legislator, preferably a one-page fact sheet on your issue and position.
  • Always thank legislators for their time and express interest in keeping in touch, even if they disagree with your position this time.
  • Legislators appreciate thank you notes, as they often use them for materials for newsletters or other materials being mailed to constituents.

How A Bill Becomes Law

Understanding the process is key to understanding timing and your role in passing legislation favorable to assisted living providers, and in defeating legislation that is problematic.

      1. A bill may be introduced in either the Senate or House of Representatives by a member.
      2. It is referred to a committee for a hearing. The committee studies the bill and may hold public hearings on it. It can then pass, reject or take no action on the bill.
      3. The committee report on the passed bill is read in open session of the House or Senate, and the bill is then referred to the Rules Committee.
      4. The Rules Committee can either place the bill on the second reading of the calendar for debate before the entire body, or take no action.
      5. At the second reading, a bill is subject to debate and amendment before being placed on the third reading calendar for final passage.
      6. After passing one house, the bill goes through the same procedure in the other house.
      7. If amendments are made, the other house must approve the changes.
      8. When the bill is accepted in both houses, it is signed by the respective leaders and sent to the governor.
      9. The governor signs the bill into law or may veto all or part of it. If the governor fails to act on the bill, it may become law without a signature.

Comprehensive Overview of the Legislative Process

The Washington State Legislature is made up of two houses (or chambers), the Senate and the House of Representatives. Washington has 49 legislative districts, each of which elects a Senator and two Representatives. Senators serve four-year terms and Representatives serve two-year terms. The Senate and House of Representatives meet in session each year to create new laws, change existing laws, and enact budgets for the State. The legislative cycle is two years long. Within that two-year cycle, there are two kinds of legislative sessions: regular sessions and extraordinary, or special, sessions. Regular sessions are mandated by the State Constitution and begin the second Monday in January each year. In the odd-numbered year, e.g., 1999, the regular session is 105 days; in the even-numbered year, e.g., 2000, it is 60 days. Extraordinary sessions are called by the Governor to address specific issues, usually the budget. There can be any number of extraordinary sessions within the two-year cycle, and they can last no more than 30 days. The members of the House and Senate offer legislation, or bills, for consideration. The ideas for bills come from a number of places: something has happened in the last year that inspires new legislation (for instance, the change in people's perception of crime gave rise to the youth violence bills that were offered during the 1994 Session), a member wishes to address an issue that is specific to his or her district, the Legislature decides to tackle a major issue (such as regulatory reform), changes in technology dictate a change in the State's laws, etc. Once a member introduces a bill, the legislative process begins. The process has a number of specific steps. If the bill makes it through all the steps in the chamber in which it was introduced (the "first house"), it goes to the other chamber (or "second house") and goes through the same steps there. Each step is identified and explained below.

Prefiling: Members can prefile bills for introduction in the month before session begins. (The House and Senate have slightly different rules regarding when the prefiling period begins.) Prefiled bills are officially introduced the first day of the session.

Introduction or first reading: The first thing that happens to bills on the "floor" is introduction and referral to committee. This is also referred to as the bill's first reading. (Bills must have three readings in each house in order to pass the Legislature.) Leadership determines to which committees bills will be referred; this is usually determined by the bill's subject matter. Bills that require an appropriation or that raise revenue must also go to a fiscal committee for review.

Committee action: The chair of each committee works with leadership and staff to schedule bills to be heard by the committee. Committees hold three kinds of meetings:


(1) work sessions, where issues are determined and reviewed
(2) public hearings, where testimony from interested parties is taken
(3) executive sessions, where the committee decides how it will report the bill to the whole house.

Not all bills get scheduled for hearing, so a good number of bills never get any further than committee. Bills can be reported in several fashions, the most usual being do pass (pass the bill just as it is), do pass as amended (pass the bill as amended by the committee), and do pass substitute (the committee offers a different version to take the place of the original bill). The members on the prevailing side sign the "majority" report; those members who disagree with the majority sign the "minority" report. Not all bills coming out of committee have minority reports. As a bill moves through the committee process, the staff prepares the "bill report." The bill report includes a legislative history of the bill, background on the issue, a summary of the legislation, the names of those who testified on the bill, and a summary of the testimony for and against the bill. The bill report is edited as the bill moves through the process. When the bill moves to the opposite house, that house prepares a bill report as well. A bill that has finally passed the Legislature would have House, Senate, and Final bill reports. At the start of the session, both houses agree on dates by which bills have to be reported out of committee in order to be eligible for further consideration by the Legislature. There is a "cut-off" date for bills to be out of committee in the first house and one for bills to be out of committee in the second house.

Rules committee: Once a bill has been reported by the appropriate committee(s), the floor acts on the committee report and then passes the bill to the Rules Committee. Usually, the floor adopts the committee's recommendation. The Rules Committee is where leadership exercises the most control over the process. The Rules Committee is made up of members from both parties. Each member on the committee gets to select two or three bills that will move on to the next step in the process. Which bills a member selects could be the result of a party caucus, or another member approaching that member, or a piece of legislation about which the member feels strongly.

Rules review/Rules white: The first step in the Rules Committee process is called Rules Review in the House and Rules White in the Senate (the report that lists the bills in this step in the Senate is printed on white paper). Rules Committee members review the bills and decide whether or not to move them on to the next step.

Rules consideration/Rules green: The next step is called Rules Consideration in the House and Rules Green in the Senate (the report is printed on green paper). Sometimes bills skip this step and go to the calendar for second reading. It is another step that allows leadership to control the process.

Calendars/Bill report books: The Rules Committee decides which bills will be scheduled for second reading. Those bills that will probably require some debate are placed on the regular calendar. Those that are probably not controversial may be placed on the suspension calendar in the House, the consent calendar in the Senate. The Rules Committee also decides whether a bill will be placed on the regular calendar or the suspension/consent calendar. Each house prepares documents that list the bills scheduled to be heard on the floor. The House prepares "bill report books" (containing an order of contents and the bill report of each bill on the calendar) and "floor calendars" (a list of the bills, a brief description for each, and the committee action on each). The Senate prepares "calendars" (with an order of contents and the bill report of each bill), and "flash calendars" (the list with the brief descriptions and committee actions). The Senate flash calendar lists only those bills that were "pulled" from Rules at the last Rules Committee meeting.

Second reading: It is on second reading that the chamber discusses the merits of the legislation. It is here, too, where members can offer amendments to the bill. Most bills that get this far get their second reading in the couple of weeks following the committee cut-off. If a bill has been amended in committee or on the floor in the first house, it is ordered engrossed. Engrossing a bill means incorporating the amendments into the body of the bill so that the second house gets one document. If a bill has been amended in the second house, it is returned to the first house with the amendments attached so that the first house can decide whether or not it wishes to agree with the changes the second house made.

Third reading: Third reading is where the roll call vote on final passage is taken. If the bill finally passes, it continues in the process. If the bill fails on final passage, it goes no further. Under certain circumstances, the chamber may decide to reconsider the vote that was taken; in that case, the chamber has twenty-four hours to make a motion to reconsider the bill. If the bill passes third reading in the second house and the second house did not amend the bill, the bill has passed the Legislature. At the start of the session, both houses agree on "cut-off" dates by which bills have to be finally passed out of the first house and finally passed out of the second house.

Concurrence, dispute, and conference committees: If the bill has been amended by the second house, the first house has to decide whether it will concur in the amendments or not. Leadership decides which bills returned from the second house will be discussed and places those bills on the concurrence calendar (House) or concurring calendar (Senate). If the first house concurs in the amendments, the bill has passed the Legislature. If the first house disagrees with the second house, it can ask the second house to recede from the amendments. If the second house recedes, the bill has passed the Legislature. If the two houses cannot resolve their differences, one of them can ask for a conference committee. Members from each house meet to discuss the differences. If they agree on what is to be done, the conference committee makes a report. Both houses must adopt the conference committee report for the bill to pass the Legislature. If one house does not adopt the conference committee report (whether by vote or inaction), the bill has not passed.

Enrolling: Once a bill has finally passed the Legislature, it is enrolled. A certificate proclaiming that it has passed is attached and, if necessary, the amendments from the second house or conference committee are incorporated into the body of the bill. The bill is signed by the Speaker of the House, the Chief Clerk of the House, the President of the Senate, and the Secretary of the Senate and is sent to the Governor for his or her action.

Governor's actions: The Governor reviews the bill. The Governor may decide to sign it, veto part of it, or veto all of it. If the Governor vetoes part or all of it, the Legislature may vote to override the veto. (That happens rarely.) If the governor does not act on a bill after the allotted number of days, it is as if it was signed. From the Governor's desk, bills go to the Secretary of State who assigns a session law chapter number.

Carryover: The Legislature works within the framework of a two-year cycle. For instance, the 2001-02 Session is the 57th Session of the Legislature. There will be a least two regular sessions, a "long" session in 2001 (105 days) and a "short" session in 2002 (60 days). There could also be any number of special sessions, none of which can last longer than 30 days. Therefore, just because a bill did not make it all the way through during the regular session in the odd-numbered year (e.g., 1999) does not mean it is "dead." At the end of the session, all bills in the second house are returned to the first house; so a House bill in committee in the Senate when session ends is returned to the House. At the start of the next session, be it a special session or the next regular session, bills from the previous session are reintroduced and retained in their present position. "Carryover" bills can be taken up again in subsequent sessions during the biennium. The Legislature has a lot of latitude with these bills. The first house can place the bill on the calendar for third reading and send it right back to the second house, or it can make the bill go to committee and through the whole process again. This is in addition to the new bills introduced during the current session. This procedure can make it difficult to keep track of bills during a special session or the second regular session. If a bill does not make it through the process by the end of the two-year cycle, it is "dead."

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