Lobbying for small business

It is no secret why Nevada has earned a reputation for attracting and maintaining businesses. The lack of income taxes, both corporate and personal, and ease of incorporating and operating in this State is known nationally and internationally. An integral factor to maintaining this reputation is the cooperation between Nevada businesses and the Nevada Legislature. The Legislature ultimately establishes state law and policy and is in many ways responsible for the continued favorable business climate in the State. Of course, big business has the experienced and savvy lobbyists to protect its interests in the Legislature and advocate new incentives for business to move to and stay in Nevada, but it is equally important that small businesses and private citizens alike participate in the legislative process.

Conceptually, the process is simple. First, an idea is presented to a legislator or proposed by a governmental entity. The idea is then drafted into a bill, introduced in the appropriate legislative house, and referred to the appropriate legislative committee for consideration of the law. This committee process is the "make or break" stage for the proposal. The committee analyzes the policy and fiscal impact of the bill with input from interested parties before sending it to the respective house for passage or rejection based on the recommendation of the committee.

While this process seems to put the onus on the Legislature alone to determine law and policy for the State, it is in fact dependent upon the participation of others to effectively lobby for or against proposed law and to present appropriate insight to assist the Legislature in making its decisions. The following materials serve as a guide to adequately prepared to lobby before a legislative committee.

They are the three Ps: Preparation. Policy. Politics.

Preparation

Preparation is unquestionably the most important requirement to effectively lobby a legislative committee for the support or defeat of legislation. Time is a limited resource and the committee will already have had an opportunity to review the bill. Upon review, the committee will have formulated an opinion and prepared any questions it may have. It is critical to do the same before lobbying for or against a bill.

Track legislation that affects small business.

The Legislative Counsel Bureau publishes a list of all bill draft requests on its website and offers a legislative tracking service.

It is not only important to research what bills are introduced to the Legislature, but also what action has been taken on them, when action is scheduled to be taken and before which legislative body the bill will be heard.

Understand the specific legal implications and requirements of the bill which you are supporting or opposing.

Understand the policy of the bill itself and your position of support or opposition on the bill.

If there is something you do not understand from a legal perspective, consult an attorney or an expert in the field.

The staff of the Legal Division or Research Division of the Legislative Counsel Bureau can be a great resource to assist in understanding how various provisions of a bill or statute work or what they mean.

Become an expert able to analyze the bill from all sides.

Be prepared to offer specific examples of how the application of the bill would affect your business, positively or negatively.

Understand and anticipate any opposing position from yours regarding the bill and be prepared to have an effective counter-argument. Without such an argument, your position is subject to defeat or amendment.

Be able to explain the bill or discuss its application in simple, concise terms. If the subject matter or terminology is highly technical in nature or otherwise complicated, be able to communicate the terms and their application to a layperson as well as to experienced, sophisticated legislators.

If you support or oppose a piece of legislation in part, come to the committee prepared with suggested amendments to the existing language or additional language that will support your position.

If uncertain of the law, policy or political implications of a bill or how best to address a committee, seek an independent meeting with the sponsor of the legislation, the Chairperson or anyone known to oppose your position to address concerns and perhaps negotiate any conflicts before the testimony will be heard on the bill.

Anticipate materials required for an effective presentation.

Visual aids can help tremendously as examples or to aid with comprehension of a complicated topic.

Have enough copies of any handouts you may use for the members of the committee, staff and public.

Prepare or arrange in advance the persons who you wish to have testify on your behalf or in support of your position. Ensure such persons are available for the hearing and qualified to answer questions addressed to them by committee members.

Policy

While legislation must adhere to the appropriate legal standards and comply with the State and Federal constitutions, it is the policy that brings an idea to the table in the first place. This is the time to sell your position on policy grounds.

How does the legislation benefit or detriment the state, the local governments, the residents, the resources of the state and business in general.

Now is the time to be persuasive and present arguments that appeal to emotion, where appropriate. Policy is one way to persuade the legislature to spend more money on your issue than another issue with otherwise equal or less needs or good for the State.

Politics

True, legislators are elcted representatives of the State who are responsible for passing or rejecting legislation. But just like the rest of the public body, they have varying political designations, influences and opinions. Regardless of good or bad policy, a measure can pass or fail simply as a consequence of political affiliation or implication.

Know and understand your audience. Research the members of the committee and Chairperson, their backgrounds, interests, political affiliations and political platforms.

Understand the formalities of addressing the chairperson or members of the legislative committee. If you are at all uncertain of the formalities, err on the side of utmost formality and respect until specifically told otherwise. Anticipate support or objection for your position based on party lines and craft a manner in which to make your position politically neutral or otherwise agreeable to all parties.

Yvonne Goodson is an associate in the Reno office of McDonald Carano.