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How to prepare for, and what to do at, a bill hearing
(Note: Celeste has done a phenomenal job on this!)
February 17, 2007
By Celeste Bishop [email protected]
Shepherd's Heart Farm, Snohomish, Washington 360-568-8175
Contents:
1. Hearing Etiquette 101
2. Memorandum Template
3. Basic Template for Testifying
4. Appearance By Mail Certificate Example
5. Appearance By Mail Cover Example
6. Appearance By Mail Example 2
7. Sponsor Information
1. ===== Hearing Etiquette 101 =====
Hearing Etiquette 101
The No NAIS WA (No National Animal Identification System) Washington movement has been working very diligently this past year to bring awareness of the dangers of NAIS to the public and to our Legislators. We have built a foundation of honesty and integrity, which we would like to maintain during the legislative process in Olympia. We are requesting that you adhere to these guidelines. If you have concerns or comments regarding these please contact me at [email protected]. Our portion of the hearing will be approximately 15 minutes; we then can leave, quietly.
Please dress appropriately for Olympia. Men usually wear a suit, and women, skirts or a nice dress. If you dress more casually, it is all right.
Please be organized before entering the hearing room.
During the hearing please respectfully be silent and listen to the testimony. Talking during testimony is distracting to others who are listening.
When outside the O'Brien Building it is appropriate to also use a more subdued tone. Cell phones and pagers must be turned off during the hearing.
Only three people will be allowed to testify. You may however bring a written testimony or Memorandum: For the Record. You should bring a copy for yourself, each Agriculture Committee Member, and the four Agricultural staffers.
You can sign in over on the left side, facing the Committee members you will find copies of the bill, digest, fiscal notes and a sign in sheet. Feel free to take a copy of these documents if you will use them.
When sign in over at the left. Please print your name, address, whether you favor or oppose our No NAIS HB 1151, and whether you would like to testify. Please put down that you do not wish to testify as those that are testifying have already been chosen. It is important though that you SIGN IN and put whether you are for or against the bill. This document will be passed around to each committee member to see who is for and against the bill.
When addressing the Chair you would say: Mr. Chairman. If the Chair were a woman, you would address the Chair as: Madam Chairwoman.
When addressing the Agricultural Committee you would say: Distinguished Committee Members or Committee.
No signs in the hearing room.
Children are welcome as long as they can adhere to these guidelines. This is a good educational experience in our legislative process.
Only comment verbally if you are called to testify.
2. ===== Memorandum Template =====
Your Name Goes Here Your Address Goes Here, Your City, Your State And Zip Via U.S. Postal Service First Class Mail (if applicable)
Example: Notice of Appearance and Memorandum in Support of House Bill 1151 "Prohibiting the state from establishing or participating in an animal identification system"
Example: Public Hearing on February 21, 2007, before the House Committee on Agriculture and Natural Resources State of Washington, 60th Legislature, 2007 Regular Session
Example: STATEMENT OF FACTS
1. LET THE RECORD SHOW that Your name (hereinafter "Respondent"), hereby respectfully appears before the Committee.
2. LET THE RECORD SHOW that Respondent is domiciled in this state, of legal age, without legal disability, appears in his personal capacity, in Good Faith, and has no known conflict of interest with said proposed legislation.
3. LET THE RECORD SHOW that What is your interest in farming, NAIS or this bill?
Example: Respondent enjoys animal husbandry, farming and related activities. WHEREAS, Respondent has a vested interested in the enactment of this proposed legislation.
4. LET THE RECORD SHOW State facts you know to be true
Example: that the state currently performs under one or more contract(s), a.k.a. "Cooperative Agreement(s)", entered into and under the supervision of the U.S. Department of Agriculture, activities that include but are not limited to the implementation of the National Animal Identification System, or certain aspects thereof, in this state.
5. LET THE RECORD SHOW that: State more facts, itemized, one by one
Example: the state, pursuant to said contract(s), has already received certain funding from the U.S. Department of Agriculture that this proposed legislation seeks to discontinue. WHEREAS, the state has a conflict of interest, in light of the receipt of said funding or the promise thereof.
6. LET THE RECORD SHOW that the state, pursuant to said contract(s), has contracted with and offered compensation to one or more person(s) or organization(s) for the purpose of participating in and/or to carry out some of said activities that this proposed legislation seeks to discontinue. WHEREAS, any such person or organization has a conflict of interest in light of said contracts, or the promise thereof.
State your position on the bill: either favor or oppose
Example-MEMORANDUM IN SUPPORT OF BILL
State any Constitutional or legal citations
7. LET THE RECORD SHOW that Example: Respondent holds that the state's establishment of or participation in any program or system purported to identify and/or register and/or track premises, animals, or activities in connection therewith, whether voluntary or mandatory, constitutes a trespass upon Respondent's FUNDAMENTAL RIGHT to property and impairs Respondent's right to contract. WHEREAS, Respondent supports enactment of said proposed legislation
Address each section briefly and either agree with the language and intent or make a suggestion. Address each section separately because you may agree with one section and not another section.
8. Example: In re: New Section, Sec. 1: LET THE RECORD SHOW that Respondent agrees with and fully supports the legislature's findings of fact, conclusions of fact, and legislative intent.
9. In re: New Section, Sec. 2: LET THE RECORD SHOW that Respondent agrees with and supports the legislature's definitions expressed by clauses (1) through (6). As regards clause (7), Respondent suggests to replace the term "verification" with "validation" throughout the entire bill.
If you make a suggestion or new language give your reasoning
10. In re: New Section, Sec. 3: LET THE RECORD SHOW that Respondent fully supports the legislative intent and the specific provisions of clauses (1) through (4).
11. In re: New Section, Sec. 4: LET THE RECORD SHOW that Respondent fully supports the legislative intent, namely the state's ability to respond to, control and eradicate a known disease in a specific specie of livestock.
12. In re: New Section, Sec. 5: LET THE RECORD SHOW that Respondent fully supports the legislative intent, namely the state's ability to maintain any of the pre-existing livestock identification, brand registration and inspection programs authorized under applicable state law.
13. In re: New Section, Sec. 6: LET THE RECORD SHOW that Respondent fully supports the legislative intent and specific provisions of clauses (1) through (4).
If you think a new section needs to be added insert the language and give your reasoning.
14. Example: In re: New Section, Sec. 6: LET THE RECORD SHOW that Respondent proposes to add the following provisions:
15. New Clause (5): Any person [domiciled in this state]
registered in the National Animal Identification System by the director
shall have the right to remain registered with or withdraw from said
system consistent with other provisions of this section.
16. New Clause (6): Any person [domiciled in this state] wishing
to register in the National Animal Identification System shall have the
right to do so consistent with other provisions of this section.
17. In re: New Section, Sec. 7: LET THE RECORD SHOW that Respondent fully supports the legislative intent and specific provisions of clauses (1) through (4).
18. In re: New Section, Sec. 7: LET THE RECORD SHOW that Respondent supports the legislature's intent and provisions expressed by clauses (1) through (3). Respondent proposes to expand clause (4) as follows (emphasis added): 19. Expanded Clause (4): Failure or refusal to participate in a premises registration or animal identification program, or the providing of services to persons who are not participants in a premises registration or animal identification program, shall not be a crime, nor an element of any crime, nor a civil infraction, nor evidence of any negligence or gross negligence on the part of any livestock owner or provider of goods or services. Reasoning: With this expansion, the director would be prevented from levying civil penalties against non-participating persons.
20. In re: New Section, Sec. 7: LET THE RECORD SHOW that Respondent proposes to add the following provisions:
21. New Clause (5): Failure or refusal to participate in a
premises registration or animal
identification program shall not be construed as, nor shall it be used,
as evidence of a person's legal incompetence, or legal disability, or
indicate a lack of social responsibility as a citizen of this state.
What do you want the committee to do with this bill?
Example: REQUEST FOR COMMITTEE ACTION
22. Respondent respectfully requests that the Committee reconcile the above suggestions with the bill's original provisions, and promptly forward the reconciled bill to the legislature for enactment into law.
State that you have stated the facts and have given the truth.
Example: DECLARATION
Respondent hereby declares that the forgoing is true and correct according to personal knowledge and belief.
Date Your Name(s)
Dated: February 15, 2007 /s/ Your Name Goes Here, Respondent
3. ===== Basic Template for Testifying =====
Basic Template for Testifying
Here is the format for a more casual Memorandum.
Include the following:
Your name
Your contact information
The proposed legislation being addressed
Your position on the Proposed Legislation
The facts that you have addressing the proposed legislation
Any legal citations that affect the proposed legislation
Any changes you might suggest, language, omissions, etc. If you make changes always give a reason why you are suggesting the proposed legislation be changed
Summary of your position on the proposed legislation
Sign and date if hard copy
Example
Name and Number of Proposed Legislation SB 5811
My Name and Contact Information: Celeste Bishop 14301-127th Ave SE Snohomish, WA 360-568-8175 NoNAIS.org
Your position on proposed legislation
FOR THE RECORD A MEMORANDUM OPPOSING SB 5811
Address the Chair and Committee- Mr. Chairman and distinguished committee members. I would appreciate my testimony be entered into the record.
Name and why the committee should listen to you or your connection (expertise) on the bill
My name is Celeste Bishop. I am a small non-commercial sustainable farmer in Snohomish County. I represent small farms, and property owners in Washington and nationally. I am engaged in an international value-added product business with another Snohomish County small farmer. In addition to farming I have been trained in emergency management at the local, county, state and federal levels. I have done contract work and exercised and donated time during disaster situations including 9-11, the Nisqually earthquakes, floods, and recent storms. My expertise is in emergency planning (including animal plans), communications and Incident Command.
Facts, legal Citations, Concerns My concerns on proposed SB 5811 are the following:
What you want the Committee to do
For these reasons, we oppose SB 5811 as it is written though we have no opposition, in itself, to the Cattle Advisory Board.
Thank you; I would be happy to answer any questions
Provide any supporting attachments or documentation
Attachment A
(Revised Code of Washington http://apps.leg.wa.gov/rcw/) RCW 38.52.010Definitions.
. (6)(a) "Emergency or disaster" as used in all sections of this chapter except RCW 38.52.430 shall mean an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.
4. ===== Appearance By Mail Certificate
Example =====
CERTIFICATE OF MAILING
I hereby certify that on February 15, 2007, I served via U.S. Postal Service First Class Mail, with postage fully paid, the following documents:
Cover Letter
Original of "Notice of Appearance 20 Copies of said Notice
Addressed to:
State of Washington House Committee on Agriculture and Natural Resources Attention: M(r)s. Calista Pearce P.O. 40600 Olympia, Wash. 98504-0600
____________________________ YourNameGoesHere YourAddressGoesHere YourCity,YourStateAndZip
5. ===== Appearance By Mail Cover Example =====
YourNameGoesHere YourAddressGoesHere,YourCity,YourStateAndZip Via U.S. Postal Service First Class Mail
February 15, 2007
State of Washington House Committee on Agriculture and Natural Resources Attention: M(r)s. Calista Pearce P.O. 40600 Olympia, Wash. 98504-0600
In re: Public Hearing of HB 1151 on February 21, 2006
Dear M(r)s. Pearce:
Please find enclosed the original and 20 copies of my "Notice of Appearance and Memorandum in Support of House Bill 1151". I would appreciate your help in bringing this filing to the attention of the Committee, and add it to the Committee's Record as well.
If at all possible, I respectfully request that my statements be read into the Record as well as I am sure that the changes I propose would be in the best interest and to the benefit of many of the state's farmers.
Sincerely Yours,
_______________________ YourNameGoesHere
Enclosures: Notice bearing my original signature Certificate of Mailing 20 Copies of said Notice
6. ===== Appearance By Mail Example 2 =====
YourNameGoesHere YourAddressGoesHere,YourCity,YourStateAndZip Via U.S. Postal Service First Class Mail
Notice of Appearance and Memorandum in Support of House Bill 1151 "Prohibiting the state from establishing or participating in an animal identification system"
Public Hearing on Feb. 21, 2007, before the House Committee on Agriculture and Natural Resources State of Washington, 60th Legislature, 2007 Regular Session
STATEMENT OF FACTS
1. LET THE RECORD SHOW that Mr. Bruno Schmidt (hereinafter "Respondent"), hereby respectfully appears before the Committee.
2. LET THE RECORD SHOW that Respondent is domiciled in this state, of legal age, without legal disability, appears in his personal capacity, in Good Faith, and has no known conflict of interest with said proposed legislation.
3. LET THE RECORD SHOW that Respondent enjoys animal husbandry, farming and related activities. WHEREAS, Respondent has a vested interested in the enactment of this proposed legislation.
4. LET THE RECORD SHOW that the state currently performs under one or more contract(s), a.k.a. "Cooperative Agreement(s)", entered into and under the supervision of the U.S. Department of Agriculture, activities that include but are not limited to the implementation of the National Animal Identification System, or certain aspects thereof, in this state.
5. LET THE RECORD SHOW that the state, pursuant to said contract(s), has already received certain funding from the U.S. Department of Agriculture that this proposed legislation seeks to discontinue. WHEREAS, the state has a conflict of interest in light of the receipt of said funding or the promise thereof.
6. LET THE RECORD SHOW that the state, pursuant to said contract(s), has contracted with and offered compensation to one or more person(s) or organization(s) for the purpose of participating in and/or to carry out some of said activities that this proposed legislation seeks to discontinue. WHEREAS, any such person or organization has a conflict of interest in light of said contracts, or the promise thereof.
MEMORANDUM IN SUPPORT OF BILL
7. LET THE RECORD SHOW that Respondent holds that the state's establishment of or participation in any program or system purported to identify and/or register and/or track premises, animals, or activities in connection therewith, whether voluntary or mandatory, constitutes a trespass upon Respondent's FUNDAMENTAL RIGHT to property and impairs Respondent's right to contract. WHEREAS, Respondent supports enactment of said proposed legislation
8. In re: New Section, Sec. 1: LET THE RECORD SHOW that Respondent agrees with and fully supports the legislature's findings of fact, conclusions of fact, and legislative intent.
9. In re: New Section, Sec. 2: LET THE RECORD SHOW that Respondent
agrees with and supports the legislature's definitions expressed by
clauses (1) through (6). As regards clause (7), Respondent suggests
to replace the term "verification" with "validation" throughout the
entire bill.
10. In re: New Section, Sec. 3: LET THE RECORD SHOW that Respondent fully supports the legislative intent and the specific provisions of clauses (1) through (4).
11. In re: New Section, Sec. 4: LET THE RECORD SHOW that Respondent fully supports the legislative intent, namely the state's ability to respond to, control and eradicate a known disease in a specific specie of livestock.
12. In re: New Section, Sec. 5: LET THE RECORD SHOW that Respondent fully supports the legislative intent, namely the state's ability to maintain any of the pre-existing livestock identification, brand registration and inspection programs authorized under applicable state law.
13. In re: New Section, Sec. 6: LET THE RECORD SHOW that Respondent fully supports the legislative intent and specific provisions of clauses (1) through (4).
14. In re: New Section, Sec. 6: LET THE RECORD SHOW that Respondent proposes to add the following provisions:
15. New Clause (5): Any person [domiciled in this state]
registered in the National Animal Identification System by the director
shall have the right to remain registered with or withdraw from said
system consistent with other provisions of this section.
16. New Clause (6): Any person [domiciled in this state] wishing
to register in the National Animal Identification System shall have the
right to do so consistent with other provisions of this section.
17. In re: New Section, Sec. 7: LET THE RECORD SHOW that Respondent fully supports the legislative intent and specific provisions of clauses (1) through (4).
18. In re: New Section, Sec. 7: LET THE RECORD SHOW that Respondent supports the legislature's intent and provisions expressed by clauses (1) through (3). Respondent proposes to expand clause (4) as follows (emphasis added): 19. Expanded Clause (4): Failure or refusal to participate in a premises registration or animal identification program, or the providing of services to persons who are not participants in a premises registration or animal identification program, shall not be a crime, nor an element of any crime, nor a civil infraction, nor evidence of any negligence or gross negligence on the part of any livestock owner or provider of goods or services. Reasoning: With this expansion, the director would be prevented from levying civil penalties against non-participating persons.
20. In re: New Section, Sec. 7: LET THE RECORD SHOW that Respondent proposes to add the following provisions:
21. New Clause (5): Failure or refusal to participate in a
premises registration or animal
identification program shall not be construed as, nor shall it be used,
as evidence of a person's legal incompetence, or legal disability, or
indicate a lack of social responsibility as a citizen of this state.
REQUEST FOR COMMITTEE ACTION
22. Respondent respectfully requests that the Committee reconcile the above suggestions with the bill's original provisions, and promptly forward the reconciled bill to the legislature for enactment into law.
DECLARATION
Respondent hereby declares that the forgoing is true and correct according to personal knowledge and belief.
Dated: February 15, 2007 /s/ YourNameGoesHere, Respondent
7. ===== Sponsor Information =====
Sponsor Information for House Bill 1151 (as of January 15, 2007)
Rep. KIRK PEARSON (R) 39th LEGISLATIVE DISTRICT Olympia Office: 416 John L. O'Brien Building PO Box 40600 Olympia, WA 98504-0600 360-786-7816
District Office: 720 Murdock St. Ste. 101 Sedro-Woolley, WA 98284 360-856-3588
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Rep. JOEL KRETZ (R) 7th LEGISLATIVE DISTRICT Olympia Office: 439 John L. O'Brien Building PO Box 40600 Olympia, WA 98504-0600 360-786-7988
District Office: 555 Main St., Suite A Colville, WA 99114 509-684-7355
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Rep. Hans Dunshee (D) 44th LEGISLATIVE DISTRICT Olympia Office: 203 John L. O'Brien Building PO Box 40600 Olympia, WA 98504-0600 360-786-7804 Toll-free Hotline: 1-800-562-6000 TTY (hearing impaired): 1-800-635-9993
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Rep. Brian Sullivan (D) 21st LEGISLATIVE DISTRICT Olympia Office: 122H Legislative Building PO Box 40600 Olympia, WA 98504-0600 360-786-7972 Toll-free Hotline: 1-800-562-6000 TTY (hearing impaired): 1-800-635-9993
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Rep. DAN KRISTIANSEN (R) 39th LEGISLATIVE DISTRICT Olympia Office: 427A Legislative Building PO Box 40600 Olympia, WA 98504-0600 360-786-7967
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Rep. JUDY WARNICK (R) 13th LEGISLATIVE DISTRICT Olympia Office: 436 John L. O'Brien Building PO Box 40600 Olympia, WA 98504-0600 360-786-7932
District Office: 326 South Cedar St. Moses Lake, WA 98837 509-766-6505
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Rep. LARRY HALER (R) 8th LEGISLATIVE DISTRICT Olympia Office: 421 John L. O'Brien Building P.O. Box 40600 Olympia, WA 98504-0600 360-786-7986
Digest
Rep. Kirk Pearson, (R) 39th District Olympia Office: 360-786-7816 Sedro-Woolley: 360-856-3588
Rep. Joel Kretz, (R) 7th District Olympia Office: 360-786-7988 Colville Office: 509-684-7355
Rep. Hans Dunshee, (D) 44th District Olympia Office: 360-786-7804 Toll-free Hotline: 1-800-562-6000 TTY (hearing impaired): 1-800-635-9993
Rep. Brian Sullivan, (D) 21st District Olympia Office: 360-786-7972 Toll-free Hotline: 1-800-562-6000 TTY (hearing impaired): 1-800-635-9993
Rep. Dan Kristiansen, (R) 39th District Olympia Office: 360-786-7967
Rep. Judy Warnick, (R) 13th District Olympia Office: 360-786-7932 Moses Lake Office: 509-766-6505
Rep. Larry Haler, (R) 8th District Olympia Office: 360-786-7986
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