Legislation and Lobbying: Toolbox Essentials
Last month, Janet Swandby reviewed the history of home inspector licensing laws and ASHI’s lobbying efforts, reminding readers, “ Contrary to what you may think, ASHI’s goal is NOT to pass new laws. ASHI did not start this war. The call for the licensing of home inspectors came from others who wanted them regulated.”
Stating that new laws do not improve the home inspection business, she outlined the threat posed by bad laws, and she called on ASHI members to be ever vigilant to protect themselves and their home inspector colleagues from bad laws.
Home inspectors can be extremely successful in the legislative arena, if they do their homework and use these tips and tools to their advantage.
This month, we’ll cover toolbox essentials:
- Know what you want
- Think like a legislator
- Lower your expectations
- Get help
And finally, next month we’ll review what to look for in a lobbyist.
Toolbox Essentials
As you and your chapter either embark on your legislative journey for the first time or pick up on the trail you have been following, I hope you will be able to use the following navigation tools. This knowledge will improve your chances for a successful outcome.
Tool #1 – Know What You Want
If you are not clear about your goal from the outset, how will you know if you have achieved it? If you want a licensing law in your state, what exactly do you want included in the law? Go back to the list of what should be included in a good law listed in last month’s article and review ASHI’s white paper or model law. These materials can be the basis for your chapter’s discussion.
Want to stop a licensing law? Be prepared to accept a compromise and know exactly what you would be willing to accept in that law.
Want to stop a revision to the existing law?
Whatever your goal, clarify this within your chapter — now.
Tool #2 – Think Like a Legislator
This may be the toughest tool to use. I have worked with ASHI for about 12 years, and I have great respect for home inspectors. You are smart, thorough, organized, practical, honest and straightforward. Many of you have engineering or construction backgrounds. You know how to apply knowledge to practical situations.
Do your elected officials share these same qualities? Think about it. I have.
The last president in my lifetime who shared your finest qualities was Jimmy Carter. Carter was not an engineer, but a Naval Academy-trained physicist. He was a scientist who took over the family’s peanut farm when his father died unexpectedly. He was governor of Georgia before being elected president in 1976, but lost to Ronald Reagan four years later. He was practical, down-to-earth, honest and straightforward, but his presidency did not last very long, and history has not treated him well.
We Americans do not elect honest, straightforward guys.
Let me provide a little history lesson because most of you will be too young to remember. In 1984, the Democrats needed a candidate to run against President Reagan. They selected Walter Mondale, who had been vice president under Carter. Mondale made the mistake of telling the American people, in response to a reporter’s question, that he might have to raise taxes. Mondale lost in what was the largest landslide in all of our Electoral College history. He won just one state — his home state of Minnesota.
On the other hand, eight years later, George H.W. Bush was the Republican candidate for president after serving as Reagan’s vice president. His most famous quote is: “Read my lips. No new taxes.” He won. What did he do after being elected? He raised taxes.
Every politician knows of these two examples. Politicians quickly learn that those who are honest and straightforward are not often elected. And, you must be asking, she wants me to think like these guys?
To be successful in the legislative arena, you need to understand what makes elected officials tick. Recognize that the way that they think will not always be the way you think. The way that legislators approach a problem will not be the way you approach it. Understanding these differences will help you immensely as you wade into legislative waters.
What do Legislators Want?
As a lobbyist who was staff to legislators on both state and federal levels, I can provide a few tips on what legislators want.
Keep things simple
Legislators want you to come to them with a specific proposal. They will not want to figure out this issue on their own. They will want to know what you want done and why this proposed change is a good idea.
Legislators also will want to know who will benefit, who will oppose the bill and why.
Harmony
All elected officials HATE conflict. They want to keep everybody happy all the time. If at all possible, you must eliminate infighting before approaching the legislature. All home inspectors must agree on your plan. Not just ASHI members, all home inspectors in your state. Any public fighting among home inspectors or home inspector organizations will damage your chances of succeeding in the legislature.
If possible, it would be even better to disarm your opponents. Work at developing a compromise proposal with those groups that might initially oppose your efforts. Then, go to the legislature together.
Work with experienced players Legislators prefer to work with people who understand the legislative process and the players. In all likelihood, home inspectors will not have much in the way of experience in the state Capitol.
If you do not have the experience, learn as much as you can. Most importantly, respect the process.
To the novice, the legislative process can appear slow and deliberate. This is especially true for entrepreneurs such as home inspectors who do not have to consult anyone else before making a decision.
On the other hand, the legislative process frustrates home inspectors because legislators do not appear to take time to work through all of the details. Accept the fact that few legislators are detail-oriented people.
Above all, do not be a whiner or grouser. Your negative attitude will harm your efforts and may result in failure.
Work with friends
The biggest disappointment for home inspectors upon entering the Capitol is that there are others who have established, even friendly, relationships with legislators. Realtors®, builders and other special interest groups have an established presence as the result of many years of involvement in legislation and lobbying.
To be successful, home inspectors have to begin to work now to establish or build relationships with legislators. Your state senators and representatives need to know you and understand what you do if you want them to help protect both your business and the interests of the consumer. Legislators are like everyone else. They want to work with people they know and trust.
Win
Legislators want to win. They want to pass bills they have championed and kill bills they have opposed. Legislators want to look like winners (even when they did not contribute all that much to the success). And legislators especially want to win for consumers. Keep in mind, however, that for some legislators the perception of protecting the consumer is more important than the actual details of the new law.
Tool #3 – Lower Your Expectations
As Americans, we feel strongly about our form of government – our democracy – and we should. It has proven to be a great system of government that includes important checks and balances protecting all citizens and their rights.
But few people actually know the process firsthand. Indeed, few citizens have even stepped foot inside their state Capitol for a tour of the building. Our impressions of the legislative process are the product of movies, television shows or our high school civics class.
Given that naiveté, I need to warn you that you will be shocked. The details of the legislative process can be frustrating. You will enter the legislative arena believing that logic will prevail, and, as home inspectors, you have all the logic on your side. Unfortunately, logic plays a small role in the Capitol. Legislation is about relationships and emotion.
And home inspectors are new to the Capitol and lobbying. You will be the interloper. You will be invading territory that has been held by other interest groups for a long time. You will be challenging groups like the Realtors®, the builders, the franchisers or the educational institutions, and they will mark their territory. Indeed, hackles will be raised.
Tool #4 – You Will Need Help
Right after “Bigger is not always better,” this is the second hardest lesson for people to learn. Sometimes you have to stop and ask for directions.
I realize that the phrase “lobbyist and added value” sounds like an oxymoron, but it should be true. Most ASHI chapters have made the decision to retain a lobbyist, and I commend them. This was not always the case. For many years, home inspectors were convinced that they could go it alone. As you might expect, home inspectors are independent thinkers, and most believed that a lobbyist was not necessary. Over the past few years, chapters have found that a lobbyist is a useful tool.
A lobbyist should add value by increasing efficiency, avoiding “penalties” and acting as a translator. A lobbyist should save you time. With a lobbyist, your chapter should not waste time talking to the wrong legislators, with the wrong message, at the wrong time.
A lobbyist helps you “avoid penalties” by stopping you from breaking the rules of the legislative game. A good lobbyist will educate you on the legislative process and help you get a bill or amendment drafted, prepare you for public hearings and give you a heads-up on when hearings and votes will be held, both in committee and on the floor.
He or she will describe what to do and what not to do in meetings with legislators, writing to legislators and
testifying at hearings. A lobbyist will explain what you can expect from the opposition, and who will be the players who may help and who may hurt your efforts.
One of the most important roles that lobbyists play is “translator.” The “new guy” in the Capitol will not realize it, but legislators and lobbyists who work within the system have jargon just like any other profession. I cannot tell you how many times my clients have met alone with legislators and returned convinced that the legislator will vote with us on an issue. They do not realize that nodding one’s head does not mean “I agree”; it means “I’m listening.” They don’t realize “You’ve presented some interesting arguments” does not mean “I agree with you.” They do not realize that “The bill will not be taken up at this time” means that it will not be voted on today, but it will probably be taken up next week. A good lobbyist knows the lingo and will be able to read the body language of legislators. These translations will be essential to achieving your goals.
Over the years, many ASHI members have asked me for advice on choosing a lobbyist. Some were retaining a lobbyist for the first time. Others were feeling that their lobbyist was not doing a good job, and it was time to change horses.
Next month, we’ll review how to choose a lobbyist who can help you as described in Tool #4.
To Read the Full Article
ASHI offers its members unparalleled resources to advance their careers. ASHI offers training for inspectors at all levels of knowledge and experience, including resources about all major home systems. Members benefit from a vast network of experienced professionals, providing a community for mentorship and knowledge sharing..
In this Issue
FIND A HOME
INSPECTOR
Professional Networking
Grow your professional network, find a mentor, network with the best, and best part of the community that’s making home inspection better every day.
