State-Federal Division - PDF Free Download

State-Federal Division The following slides will provide an overview of NCSL s State- Federal Relations Department, including the process for adopting NCSL policies that serve as NCSL s guide for federal advocacy.

NCSL s Advocacy NCSL's Washington staff lobby Congress, the White House, and federal agencies for the benefit of state legislatures in accordance with the policy directives and resolutions recommended by the NCSL Standing Committees and adopted at the NCSL Legislative Summit Business Meeting. As a result of the policy decisions voted on by the Standing Committees and advocated for by NCSL State-Federal Relations Staff, NCSL is nationally recognized as a formidable lobbying force in state-federal relations. NCSL opposes unfunded federal mandates and unwarranted federal pre-emption of state authority, and seeks to provide state legislatures the flexibility they need to innovate and be responsive to the unique needs of the residents of each state. The following slides will first, explain the organizational structure of the Standing Committee Policy Process, which will be followed by an explanation of how Policy Directives and Resolutions are adopted to become official positions of NCSL on state-federal issues.

Structure of Standing Committee Policy Process Overall Officers of the Standing Committees Composition: 2 Legislator Co-Chairs (1 Republican/1 Democrat) 2 Legislative Staff Co-Chairs At least 2 Legislator Vice Chairs At least 2 Legislative Staff Vice Chairs Function: The Legislator Co-Chairs refer Policy Directives and Resolutions to the appropriate Standing Committee for consideration. Steering Committee Composition: Overall officers of the Standing Committees The Legislator Co-Chairs (1 Republican/1 Democrat) of the 9 Standing Committees The Legislative Staff Co-Chairs of the 9 Standing Committees Function: Reviews Policy Directives and Resolutions that were referred to the Standing Committees by the Overall Legislator Co-Chairs of the Standing Committee. Considers Rule II [B] challenges. Sets the agenda for the Annual and Forum Business Meetings. Standing Committees Composition: Legislators are appointed by the appropriate appointing authority in their state legislative chamber. (Usually, but not always, the Speaker of the House or the Senate President.) Legislative Staff are appointed by the appropriate appointing authority in their state. (Appointing authority varies across the states.) Standing Committees: Budgets and Revenue - Communications, Financial Services and Interstate Commerce - Education Health and Human Services - Labor and Economic Development - Law, Criminal Justice and Public Safety - Legislative Effectiveness - Natural Resources and Infrastructure - Redistricting and Elections

NCSL Steering Committee The Steering Committee, composed of the overall Standing Committees Officers and the co-chairs of the nine standing committees, reviews policy directives, resolutions, and amendments to existing policy directives and resolutions for inconsistencies to Rule II [B] and omissions. Rule II [B]: Policy directives and resolutions developed by the Standing Committee shall be directed at Congress, the administration, or the federal courts, and shall be related to issues that affect the states and shall be consistent with support of state sovereignty and state flexibility and protection from unfunded federal mandates and unwarranted federal preemption. Policy directives, resolutions, and amendments to existing policy directives and resolutions that are determined by a majority vote of the legislator members of the Steering Committee to be inconsistent with Rule II [B] shall not be considered by the Standing Committee to which such policy directive, resolution, or amendment was referred.

The NCSL Standing Committees develop Policy Directives and Resolutions, adopted by the conference, that serve to guide NCSL to represent state legislatures in the American federal system of government consistent with support of state sovereignty and state flexibility and protection from unfunded federal mandates and unwarranted federal preemption. The Standing Committees meet two times each year, during the Legislative Summit and Capitol Forum, which allows for legislators and legislative staff on the committees to benefit from the experiences of other states in shaping public policy, experimenting with new laws, and managing the legislative institutions. Committee members explore issues that states have to deal with, but committees do not recommend policy to the legislatures on issues that are internal to the states. Committees do develop policy directives and resolutions on state-federal issues to guide NCSL's lobbying efforts in Washington, D.C. Any state legislator can submit policy directives and resolutions to be considered by the conference.

How Are the Standing Committees Structured? There are nine NCSL Standing Committees: Budgets and Revenue Communications, Financial Services and Interstate Commerce Education Health and Human Services Labor and Economic Development Law, Criminal Justice and Public Safety Legislative Effectiveness (Does not adopt policy) Natural Resources and Infrastructure Redistricting and Elections (Does not adopt policy)

Who Serves on the Standing Committees? Each biennium, presiding officers and staff directors in all the states are asked to appoint members for each of the committees. Legislator members of committees serve for two years. Legislative Staff are not restricted to terms. Committee officers serve two year terms.

How Are Co-chairs and Vice-chairs of Committees Selected? Each Standing Committee has two Legislator Co-Chairs (once of each party), Legislator Vice-Chairs (evenly divided by party), as well as Legislative Staff Co-Chairs and Vice-Chairs. The incoming NCSL President and President-elect recommend legislators and the incoming NCSL Staff Chair recommends legislative staff to serve as Co-Chairs and Vice-Chairs of all the Standing Committees. Legislator and legislative staff committee officers serve a term of two years.

Structure/Membership Summary Committee membership includes legislators appointed by the presiding officer of their legislative chamber as well as legislative staff who are appointed by the applicable staffer in their legislature. While both legislators and legislative staff can be members of committees, only legislators can vote on policy. Structure Legislator Co-Chairs 1 Republican/1 Democrat Serve a term of 2 years Staff Co-Chairs - Serve a term of 2 years Legislator and Staff Vice Chairs Appointed Legislator and Staff Members Function Meet twice annually Legislative Summit, Capitol Forum Adopt policy positions that represent NCSL before Congress and the Administration Policy adoption requires 3/4 of states present at Committee or Business Meeting

How Do the Standing Committees Accomplish Their Goals? The Committees meet two times each year at the Capitol Forum in December and in the summer at the NCSL Legislative Summit. These meetings provide members an opportunity to attend informative educational sessions with national experts, exchange information through dialog and network with colleagues from around the country. In addition to the meetings, committees disseminate information through special seminars, webinars, conference calls and a variety of written documents. As needed, committees also consider and adopt policy directives and resolutions for NCSL.

What Are the Expectations of Committee Members? Members are asked to bring the perspective of their chamber to the state issues the committee addresses and to the state-federal policy directives and resolutions the committee develops. Members identify topics for the committee to explore and may serve as speakers or moderators for committee programs. Members consider and vote on state-federal policy directives and resolutions developed by the committee. Members are sometimes recruited to testify before congressional committees on committee policy directives and resolutions or to meet with federal agency officials. It's desirable for members to attend the committee meetings, but they also communicate their perspectives to committee officers and the NCSL committee staff. Only legislators present at committee meetings are allowed to vote on committee policy directives and resolutions.

What Are the Expectations of a Committee Officer? Officers are expected to give leadership to the committees by helping to define the committee's agenda, plan activities at the forums, preside over committee sessions, and identify ways to disseminate information to committee members outside of the meetings. In addition, the officers of all committees work together to ensure that the committees are an effective outlet for the exchange of information among legislators and staff.

Do Legislators and Legislative Staff Have To Be Appointed to a Committee to Participate in Meetings and Activities? No! Committee meetings, the NCSL Capitol Forum and the NCSL Legislative Summit are open to all legislators and legislative staff, regardless of committee membership. Participants at these meetings also typically include members of the private sector, public associations, state and local government, and others interested in state and federal policy. All those interested in the issues addressed by the Standing Committees are encouraged to attend meetings. Only legislators appointed to a specific committee can vote on policy directives and resolutions during that committee's business meeting.

Policy Process Listen to a brief recording that summarizes NCSL's policy process. Policy Directives are long-standing statements on issues that must be reviewed every four years. Resolutions are statements targeted to specific pieces of legislation or other federal mandates that expire every legislative summit. Resolutions must have a basis in a policy directive. Any state legislator may submit a policy directive, resolution, and or an amendment to an existing Policy Directive. All submissions must be given to the Directors of the NCSL Washington 30 days prior the business meetings at the Legislative Summit or Capitol Forum. The directors will then send the directives and resolutions to the Co-Chairs of the Steering Committee who then assign each directive or resolution to the appropriate Standing Committee s jurisdiction. In order for the conference to adopt a policy directive or resolution, it must receive ¾ majority vote of states in both the standing committee of referral, as well a ¾ majority vote during business meetings at the Legislative Summit or Capitol Forum.

Parliamentary Procedure NCSL s 9 Permanent Rules of Procedure dictate the procedures of the Standing Committee, voting during NCSL business meetings, and the policy adoption process. If a situation were to arise during deliberation of a policy or resolution that was not covered by the rules, NCSL would then refer to Mason s Manual. Summary of NCSL Standing Committee Policy Process

Parliamentary Procedure: Mason s Manual Seventy of the 99 legislative chambers in the United States use Mason s Manual as their parliamentary authority. Thirteen use Jefferson's Manual, and only 4 use Robert's Rules of Order. The recent trend has been a move to Mason's Manual. Between 1991 and 1999, at least 10 legislative assemblies changed to or added Mason's as the backup to their chamber rules. Because so many chambers use Mason's, there is a wealth of assistance available in interpreting the manual. Also, the Mason's Manual Revision Commission continues to gather information from the states on current rulings and interpretations and will share this information with anyone having questions. Mason s Manual Is a procedural guide designed specifically for state legislatures NCSL holds the copyright Used by most state legislatures Reprints every 10 years Mason s Manual Commission oversees revision

Summary of Policy Adoption Process A legislator introduces a Policy Directive or Resolution for the conference to consider. The Policy Directive or Resolution is referred to the Co-Chairs of the Steering Committee, who refer the Directive or Resolution to the proper Standing Committee of jurisdiction. The Standing Committee of jurisdiction considers the Directive or Resolution at its business meeting during the Fall/Capitol Forum or Legislative Summit. If the Directive or Resolution is passed by the committee with a ¾ vote but is not passed unanimously it is placed on the Debate Calendar of the Forum or Legislative Summit Business Meeting and will be considered separately during the Business Meeting. If the Directive or Resolution is unanimously adopted by the committee, it is placed on the Consent Calendar of the Forum or Legislative Summit Business Meeting and is considered in a package with every other Directive or Resolution that passed out of a Standing Committee unanimously. If the Directive or Resolution is approved by at least 3/4 th of the States at the committee business meeting, it passes and is then referred to the Forum/Legislative Summit Business meeting move for adoption. All Policy Directives and Resolutions that receive ¾ support during the Fall Forum Business Meeting are treated as policy positions of the conference, but they will have to be officially adopted at the subsequent Legislative Summit Business Meeting. All Policy Directives that receive ¾ support during the Legislative Summit Business Meeting become adopted policy positions of the conference. All Policy Resolutions that receive ¾ support during the Legislative Summit Business Meeting become adopted policy positions for the conference but only last for one year.

Job Functions of State-Federal Standing Committee Staff Issue Area Expertise Congressional and Federal Agency Advocacy Letters and Written Testimony Congressional Meetings Meetings with officials from the Administration Meetings with Interested Parties Meetings with Stakeholders Newsletters and Information Alerts Meeting Planning Agenda Logistics Committee Business Meeting (Policies) Committee Outreach Officers Calls Committee Emails Maintaining/Managing Relationships with Outside Organizations Big 7 Organizations Private Sector Organizations Maintenance of Committee Web Page/Documents Information Requests Fundraising (Varies)

Budgets and Revenue The Budget and Revenue Committee examines federal and state policies with fiscal implications, including: funding for services and programs; budget processes; tax and revenue systems; legislative oversight; unfunded mandates; and state-local fiscal relations. It serves to promote the exchange of ideas and information. The committee is also responsible for protecting the states' interests in federal decisions regarding fiscal matters including annual action on the federal budget. Jurisdiction: Budgets-federal, Budgets-state, Federal Funding, Federal Mandates, Federal Revenues And Taxes, Fiscal And Tax Issues, Income Taxes, Legislative Budget Process, Oversight, Program Evaluation, Property Taxes, Public Finance Issues, Regionalism, Sales Tax, State And Local Revenue System, State Revenues And Taxes, State-local Relations, Taxes, Unfunded Mandates Policy Directives and Resolutions include: Federal Deficit Reduction and Impact on States, Public Pensions, Health Insurance, and Post Retirement Benefits, Remote Sales Tax Collection, Federal Mandate Relief, and Federal Tax Reform

Communications, Financial Services and Interstate Commerce (CFI) The CFI Committee serves as a forum for legislators and legislative staff to exchange information on state policy approaches and to identify emerging issues of importance to state legislatures. The CFI Committee is responsible for protecting states' interests in federal decisions regarding electronic commerce, banking, insurance, securities and other financial services issues, interstate commerce and taxation of electronic transactions, telecommunications and interstate business activity taxes. Jurisdiction: Banking & Financial Services, Corporate Formations, Internet And Electronic Commerce, Insurance, Remote Commerce, Interstate Commerce, Telecommunications Policy Directives include: Remote Sales Tax Collection, State Sovereignty In Online Gaming, State Sovereignty In Financial Services, Sovereignty In States Financial Services Laws, State Sovereignty In Corporate Formation

Education The Education Committee educates Congress and federal agencies about state concerns and serves as a forum for state legislators and legislative staff to learn about and share information regarding programs and initiatives in other states. Jurisdiction: Early Childhood Education, K-12 Reform, Higher Education, No Child Left Behind, Higher Education Act, School Violence, Special Education, Teachers, School Finance And Adequacy Policy Directives include: Voluntary State Standards Initiatives, Reauthorization Of The Elementary And Secondary Education Act, Special Education Funding

Health and Human Services The Health and Human Services Committee is responsible for protecting states' interests in federal decisions regarding health and human services policy and addressing key health and human services issues in the states. Jurisdiction: Medicaid, Children s Health Insurance, Medicare, Supplemental Security Income, TANF, Supplemental Nutritional Assistance Program, early learning, child welfare, child support, aging services Policy Directives include: federal AIDS/HIV assistance, funding for Child Care Development Block Grant, flexible federal funding for child welfare services, regulation of interstate and internet sales of tobacco products, maintaining solvency of social security

Labor and Economic Development The Labor and Economic Development Committee covers state and federal issues related to labor, employment, workforce, economic development, international trade and cultural affairs. Jurisdiction: Labor, Employment, Workforce, Economic Development, International Trade, Cultural Affairs Policy Directives include: Adequate Federal Funding For Labor Initiatives (Wages, Workplace Safety, Leave Benefits, Unemployment Insurance, Social Security Etc.), Federal And State Collaboration On Trade

Law, Criminal Justice and Public Safety The Law, Criminal Justice and Public Safety Committee addresses underlying principles for a balanced state-federal system and takes policy positions to preserve state sovereignty and set a high standard for preemption of state laws. Jurisdiction: Constitutional Law, Civil Rights, Liability Issues, Election Reform, Federalism, Homeland Security, Immigration Policy Directives include: Intergovernmental Partnership In Illicit Drugs, Opposed To Unfunded Federal Election Standards, Federal Assistance In Immigration Reform Efforts

Natural Resources and Infrastructure (NRI) The Natural Resources and Infrastructure Committee covers issues regarding state and federal energy, environment, agriculture and transportation programs. Jurisdiction: Energy, Environment, Agriculture And Transportation Programs, Legislation, Regulations And Policies. Policy Directives include: Clean Air Act Implementation, Airport Infrastructure Funding, Animal Agriculture Production, Aviation, Environmental Federalism

Legislative Effectiveness The NCSL Legislative Effectiveness Committee examines strategies, practices and procedures for making legislators, staff and legislatures more effective. The committee focuses both on key skills for legislators and on key operations and powers of state legislature. The committee also addresses topics concerning the executive branch of government and Congressional procedures and reform. This committee Does NOT adopt policies or resolutions Issues: Education And Training, Legislative Structure And Management, Committees, Rules And Procedures, Staffing, Information Resources, Constitutional Issues, Ethics

Redistricting and Elections The Redistricting and Elections Standing Committee focuses on redistricting, election law and campaign finance regulation. It studies legal, technical and political issues affecting redistricting of state legislative and congressional districts, the conduct of elections and the regulation of campaign finance. The committee is the conduit for state legislative communication with the U.S. Census Bureau, the Voting Section of the U.S. Department of Justice, and the U.S. Election Assistance Commission. The committee sets the agenda for NCSL staff who work in these areas, and provides educational opportunities for legislators and legislative staff through meetings, webinars and field trips. This committee Does NOT adopt policies or resolutions. Election/Redistricting Directives and Resolutions are under the jurisdiction of the Law, Criminal Justice, and Public Safety Committee. Issues: Voter ID, Voter Registration, Redistricting Technology And Litigation, Legislative Action On Campaign Finance