COMMITTEE CHAIRMAN'S HANDBOOK
Prepared by:
Legislative Service Office
November 1998
COMMITTEE CHAIRMAN'S HANDBOOK
INTRODUCTION
The Committee Chairman's Handbook is prepared by the Legislative Service Office under the direction of the Management Council.
Suggestions for changes or improvements to this Handbook should be addressed to the director of the Legislative Service Office.
CHAPTER I
COMMITTEE ORGANIZATION AND GENERAL OPERATING GUIDELINES
1. SESSION
STANDING COMMITTEES.
(a) Designation
of Chairman.
Standing committee chairmen are selected by the
majority leadership in each house subject to confirmation by the majority party
caucus.
(b) Committee
Membership.
Committee members are appointed by the presiding
officer of each house with the advice and consent of the Rules Committee.
Membership is apportioned to reflect as nearly as possible the percentage of
majority and minority members elected to each house. Recommendations of the
minority party caucus are generally taken into consideration in the appointment
of minority party members to serve on the various standing committees.
(c) Other
Committee Officers.
Although not required by rule, most committee
chairmen designate another member of the committee (often the ranking member of
the majority party) to serve as acting chairman in the absence of the chairman.
2. INTERIM
COMMITTEES.
(a) Formation
as Joint Interim Committee.
When the legislature in not in session, the
respective standing committees of the House and Senate combine to function as
"joint interim" committees. W.S. 28-8-104(b).
(b) Organizational
Meeting.
Interim committees generally meet for the first time
near the date for adjournment of the general session to organize, elect
officers, adopt committee rules and discuss possible interim study topics (see
Chapters II and V of this Handbook relating to interim committee studies.)
(c) Election
of Officers.
At the first meeting of the interim committee, the
committee elects a chairman and vice-chairman or cochairman. (The office of
secretary for a committee is archaic and unnecessary. It is preferable for the
chairman or cochairman to approve minutes.) These officers serve for the
remainder of the biennium.
Although not required, it is the common practice of
many committees for the chairmanship to rotate between the House and Senate
every two years.
Committees which elect cochairmen are urged to
designate one of the two cochairs to handle administrative matters, e.g.,
signing vouchers, serving as the point of contact for staff in arranging
meetings, etc.
3. GENERAL
OPERATING GUIDELINES.
(a) Committee
operations are subject to numerous guidelines ranging from specific statutory
directives to informal "customs".
A list referencing the major sources of committee
operating guidelines and providing a brief synopsis of significant information
contained in each is attached as Appendix 1.
(b) Appendix
4 and 5 contain two publications prepared by the National Conference of State
Legislatures (NCSL) providing general guidelines and practical hints for
committee chairmen.
CHAPTER II
INTERIM COMMITTEES -
BUDGET/FINANCE
1. INTERIM
COMMITTEE BUDGETS.
(a) Management
Council Procedures.
The Management Council is responsible for approving
interim committee studies and allocating funds available for interim work among
the various joint interim committees.
Traditionally during the last week of the session,
the Council requests the joint interim committees to submit suggested study
topics and estimated budgets for interim work. The LSO staff designated to work
with the Committee will assist in preparing this submission, including
developing budget information. At a meeting during the final days of the
session, the Council approves topics and budgets for each Committee so that
interim work can begin. The Council may adjust the approved topics and budgets
during the course of the interim.
(b)
Planning
the Interim Committee Budget Request.
It is the responsibility of the interim committee
chairman to prepare and submit a proposed committee budget to the Management
Council. The Council will evaluate the proposed budget based upon: (1) the
Council's assessment of the relative importance of the interim work proposed
for the committee; (2) whether the budget request is reasonable in light of the
complexity of the committee's proposed studies; and (3) availability of funds
taking into consideration the anticipated workload and budget needs of all the
other joint interim committees. It is therefore important that the chairman
clearly communicate to the Council the importance and complexity of the
committee's proposed studies. The chairman should also prioritize the
committee's proposed studies in the event funds are insufficient to allow the
Council to approve all of the studies. (See Chapter V of this Handbook relating
to planning committee studies. See also the Sample Interim Study Proposal
format, Appendix 3.)
To estimate the committee's budget needs, the chairman should consider: the number and location of proposed committee meetings and public hearings; whether the committee's work can be more efficiently completed through a series of one day or two day meetings; the possible use of subcommittees; and special budget needs such as the purchase of computer programming services.
2. COMMITTEE
FINANCE GUIDELINES.
(a) Authorized
Expenditures.
Management Council Policy #5 governing interim
committees provides:
"Funds allocated to a joint interim committee
shall be used entirely for committee expenses such as travel, salary and per
diem for members, expenses for public hearings or such other expenses as the
committee may request and the Management Council may authorize."
The most frequently asked questions relating to this
policy involve the interim committee chairman's authority to approve
expenditure of budgeted funds for a committee member to attend an in-state
meeting, seminar or program other than a regular interim committee meeting.
In exercising his discretion, the chairman should
ensure: (1) that the proposed expenditure is directly related to and will
facilitate the committee's assigned work; and (2) that there will remain
sufficient funds in the budget after the expenditure to allow the committee to
complete its studies.
Questions concerning the appropriateness of any
unusual expenditure should be discussed in advance with the director of the
Legislative Service Office or the chairman of the Management Council.
(b)
Monitoring
the Committee's Budget; Budget Shortfalls.
The Legislative Service Office fiscal officer
maintains a separate budget account for each interim committee. An updated
budget status report is sent to the interim committee chairman following each
committee meeting. It is the chairman's responsibility to plan the committee's
activities to stay within the allocated budget.
An interim committee may not expend funds in excess
of its budget without the advance approval of the Management Council. Since the
Council generally meets only once every 3 or 4 months, the chairman must
monitor his committee's budget closely and submit requests for additional
funding well in advance of the actual need. Chairmen should be cautioned that
approval of additional funding requests is not automatically given by the
Council and much depends upon the emergency nature of the request, the
availability of funds in the legislative budget and the anticipated needs of
the other interim committees.
(c) Prohibition
Against Accepting Funds from Other Sources.
Management Council Policy #8 governing interim
committees provides in part:
"A joint interim committee may not apply for,
receive or accept any grant, donation or gift of money for funding approved
studies and work projects other than appropriations to the LSO or other
appropriations specifically for that purpose."
(d) Limiting
Reimbursement to Committee Members for Special Activities.
To conserve committee funds, committee chairmen
occasionally limit the reimbursement which will be authorized for committee
members participating in a particular activity, e.g., the chairman may
authorize mileage and per diem, but not salary, for committee members
participating in a tour. Please note, however:
(i) The
activity must be something other than a regular committee meeting, attendance
at which entitles committee members to full payment of salary, mileage and per
diem; and
(ii) Committee
members must be provided clear advance notice that they will not receive full
reimbursement for attending the activity.
CHAPTER III
CONDUCT OF COMMITTEE
MEETINGS
1.
COMMITTEE
RULES.
The Management Council recommends that each committee adopt rules for the conduct of committee business. A copy of sample rules is attached as Appendix 3.
2. DECORUM/PROTOCOL
IN MEETINGS.
While many of the formal rules of procedure and
debate are somewhat relaxed in committee meetings in order to permit free
discussion, some formality is required to ensure proper decorum and efficient
operation. (See generally, Mason's Chapters 12, 13 and 58.) On occasion
it may prove worthwhile to advise the audience of the committee's standard
rules of procedure and decorum at the beginning of the meeting before inviting
public testimony.
(a) Addressing
the Chairman. All debate and questions should be addressed to the Chairman.
(b) Proper
Protocol. Proper protocol should be observed in recognizing individuals who
may wish to address the committee, e.g., priority of recognition should be
given to federal elected officials, state elected officials, members of the
judiciary, legislative leaders, other legislators who are not committee
members, etc.
(c) Maintaining
Order. The chairman is primarily responsible for maintaining order at the
committee meeting. Order can normally be maintained by calling for the attention
of those present or by ruling inappropriate discussion out of order.
In the unlikely event of a disruptive person
ignoring the directions of the chairman, it might become necessary to
temporarily recess the meeting and ask for security personnel to be contacted.
Extreme cases of disorderly conduct at a committee
meeting may be subject to criminal prosecution. See, W.S. 28-1-110.
3. CHAIRMAN'S
ROLE AT COMMITTEE MEETINGS.
Mason's Section 611 lists the following as the
general duties of the committee chairman:
(a) To
call the committee together to properly perform its functions.
(b) To
preside over meetings of the committee and to put all questions.
(c) To
maintain order and decide all questions of order subject to appeal.
(d) To
supervise and direct the clerical staff and other employees of the committee.
(e) To
prepare, or supervise the preparation of reports....
(f) To
have custody of all papers referred to the committee....
In addition to facilitating discussion, it is
extremely important that the committee chairman exercise his authority to keep
the committee on track and on time. A chairman attempting to run a
"tight" (efficient, productive) meeting may run the risk of appearing
to limit discussion, but the greater danger may lie in allowing the meeting to
be so unstructured that the committee's time is wasted in nonproductive or
speculative discussion while significant issues are left unaddressed.
"A committee chairman must learn to wield a
gavel much like a conductor uses a baton. A timely schedule, a manageable
agenda and a sense of order and rhythm are the hallmarks of a successful
meeting. Without these, a chairman will be faced with confusion and delay... A
chairman needs to utilize committee time well and productively, so that the
public and other interested parties have an opportunity for input and gain an
impression of dignity and order." A Chairman's Guide to Effective
Committee Management (NCSL 1981). See Appendix 5.
4. EXECUTIVE
SESSIONS.
(a) Exempt
from Public Meetings Law. The state legislature (and thereby its
committees) are specifically exempt from the open meeting requirements of the
Public Meetings Law, see W.S. 16-4-402(a)(ii).
(b) Executive
Sessions of Joint Interim Committees. Management Council Policy #10
governing interim committees provides, in part:
"Meetings of ... joint interim committees will
be open and public; provided the chairman of the meeting may call an executive
session and exclude therefrom all persons except those whose presence is
requested by the chairman."
(c) Executive
Sessions of Standing Committees.
Senate Rule 7-3:
"... All standing committee meetings shall be
considered open meetings except when declared to be an executive meeting by the
standing committee chairman."
House Rule 4-3:
"... All committee meetings will be open to the
public unless declared an executive session by the chairman."
5. AUTHORITY
TO SUBPOENA WITNESSES.
Legislative committees are authorized to issue
subpoenas under W.S. 28-1-109 (see also Management Council Policy #11 relating
to joint interim committees).
The LSO has developed, and will provide to any
committee chairman upon request, detailed procedures relating to issuance of
committee subpoenas.
6. AMERICANS
WITH DISABILITIES ACT.
The U.S. Congress enacted the Americans with
Disabilities Act (ADA) in 1991 to ensure the full opportunity for persons with
disabilities to participate in all programs and services available to the
general public. Relevant provisions of the ADA became effective July 1, 1992.
Unlike Section 504 of the Rehabilitation Act of
1973, the ADA does not limit requirements for accommodating persons with
disabilities only to programs which receive federal funding. The five Titles to
the ADA affect both the private and public sectors, regardless of federal
participation. Of particular importance to the Wyoming Legislature are Title I,
which requires that persons with disabilities not be discriminated against in
employment, and Title II, which requires accessibility of programs and services
in the public sector. The gravamen of the ADA is that reasonable accommodation
shall be made for persons with disabilities.
For committee chairmen, Title II of the ADA is to be
considered when setting meetings for their interim or standing committees. The
Management Council has approved the following policies to ensure compliance
with the spirit and intent of the ADA:
(a) Interim
committee meeting sites will be scheduled by the Legislative Service Office
(LSO) staff to ensure that the sites are readily accessible to persons with
mobility impairments.
(b) All
meeting notices for interim committee meetings will contain a statement asking
persons with disabilities who need special accommodation to contact the LSO.
(c) If
persons with hearing impairments request accommodation by the use of an
interpreter, the LSO will attempt to arrange for an interpreter to be present
at the meeting.
(d) During
the course of a legislative session, should a standing committee chairman, a
member of the legislature or any session staff receive a request from a member
of the public for the accommodation of a hearing impaired person through the
use of an interpreter, that person should contact: (1) the Clerical Supervisor
[Staff Supervisor] for the house of the legislator involved; or (2) the LSO,
who will make reasonable efforts to arrange for an interpreter. Legislative
proceedings will not be delayed because of the request.
(e) If
a visually impaired person requests accommodation regarding bill drafts or
other legislative information or publication through audio means, the LSO will
arrange to make the material requested available on audio tape and will charge
no more than charges levied for the same printed materials.
CHAPTER IV
STANDING COMMITTEE OPERATIONS
1.
PLANNING
AND PRIORITIZING COMMITTEE WORKLOAD.
The primary duty of standing committees is to
receive, consider and report on bills referred by the full body of the House or
Senate.
In consultation with the leadership, it is the
committee chairman's responsibility to plan the committee's work to ensure that
significant bills assigned to the committee are given adequate consideration.
(a) The
Need to Prioritize. Due to constitutional limitations on how long the
legislature may remain in session, committees often find there is insufficient
time to give full consideration to all bills assigned. Time constraints also
result in most committees being unable to follow a strict "first in -
first considered" policy if adequate time is to be reserved for the most
important pieces of legislation. It is therefore important for the chairman to
continuously assess and prioritize the committee's workload to ensure that the
majority of the committee's time and effort is concentrated on the most
significant issues. Chairmen should be especially cautious of the tendency
early in the session to devote an inordinate amount of time to
"working" and reporting out relatively insignificant bills merely
because they received an early assignment to the committee.
"Nonessential items can consume a
disproportionate amount of valuable committee time unless techniques are used
to ensure that priority matters are taken up in a timely manner and
noncontroversial matters are handled expeditiously. If chairmen do not utilize
the early days of the session effectively, committee work is compressed into
shorter and shorter time periods. Important but complex bills may be lost in
the build up and imperfect or unnecessary bills can potentially move to the
floor, contributing to end-of-session logjams... Primary responsibility for
avoiding these problems rests with the chairman." A Chairman's Guide to
Effective Committee Management (NCSL 1981). See Appendix 5.
(b) Status
Boards.
To help keep track of the "big picture," a
number of committees employ status boards in the committee rooms to provide a
graphic display of all bills included in the committee's current workload.
Tentative dates for hearing and "working" bills are revised as
additional bills are assigned to the committee and as priorities are adjusted.
(c) Scheduling.
As noted in A Chairman's Guide to Effective
Committee Management (NCSL 1981, see Appendix 5), the NCSL Legislative
Management Committee has drawn up a list of suggestions for chairmen on
scheduling. These include the following tips:
(i) Schedule
several noncontroversial housekeeping bills together at the start to get the
meeting moving, and then schedule a few controversial bills or bills requiring
more time;
(ii) Schedule
similar subject-matter bills together. (The grouping of similar bills together
may eliminate duplicative testimony, allow for streamlined briefings and
facilitate the preparation of amendments.)
(iii) Schedule
controversial bills together and schedule noncontroversial bills together.
In scheduling the committee's work it is, of course,
important for the chairman to keep in mind important dates on the legislature's
calendar, especially final dates for committee action on bills.
2.
COMMITTEE'S
ROLE IN "SCREENING" LEGISLATION.
Given the constitutional limits on length of
sessions, it is an inescapable fact that there is insufficient time for all
introduced bills to progress to third reading and be given final consideration
by the full House or Senate. In fact, history reflects that on average, only
30% of introduced bills become law. For the current system to continue
functioning, some bills must necessarily "die" somewhere along the
way while more significant pieces of legislation are advanced.
Despite this need, however, there has been a
noticeable trend in recent years for standing committees to report bills out of
committee so that "the whole body can decide" whether the bill should
advance. Whether this trend results from a well-intentioned desire that bills
be given a "fair hearing" or simply an unwillingness to make hard
political decisions, the result is that more and more bills are being advanced
in the system thereby creating a bottleneck on general file and requiring the
full body of the House and Senate to spend valuable time "weeding
out" legislation in committee of the whole.
Each committee chairman should ensure that his
standing committee fulfills its primary "screening" role in the
legislative process, which may mean that some bills "die" in
committee or are reported out with a clear "do not pass"
recommendation.
3. COMMITTEE
ACTION ON ASSIGNED BILLS.
Chairmen should refer to the Wyoming Manual of
Legislative Procedures for a general overview of procedures for standing
committee action on bills.
(a) Bill
Security. A committee, or even the full body of the House or Senate, can
act upon a bill only when it has the bill in its possession. A bill assigned to
a committee and subsequently reported out (or recalled from the committee) must
be physically delivered to the chief clerk before it is subject to further
action. Keeping track of the physical location of the original bill and its
bill jacket is therefore of such significance that committee chairmen are asked
to receipt for the bill when it is delivered to them and to provide strict
security for the bill in the committee room.
(b) Scheduling
Committee Meetings. The majority floor leader in the House and Senate will
provide the committee chairmen with a general schedule for the daily convening
and adjourning of the House and Senate which will identify blocks of time
available for committee meetings.
In determining which, and how many bills, are to be
considered at any particular committee meeting the chairman will need to
consider:
(i) The
relative priority of the bill. The chairman should constantly review the
committee's workload to ensure that bills having the highest priority are given
early and thorough consideration by the committee;
(ii) Degree
of complexity and controversy. The committee may need to devote all of the time
available at one or more of its meetings to the exclusive consideration of a
single complicated bill while in other cases numerous simple or
"related" bills can be scheduled for consideration at a single
meeting. The chairman should also take into account the degree of controversy
surrounding the bill and the anticipated number of witnesses;
(iii) In
scheduling bills for consideration, the chairman should try to accommodate
persons who have to travel long distances to testify;
(iv) In
the case of public hearings on highly controversial bills, the chairman should
consider whether to arrange in advance for a larger meeting room and whether
there might be a need for additional security. In these instances, the LSO
should be contacted for assistance.
(c) Notice
of Meetings. Notice of standing committee meetings are prepared by the
committee secretary under the direction of the chairman and are published daily
in the House and Senate Calendars and posted in conspicuous locations in the
vicinity of the House and Senate chambers. Notices should be posted as soon as
possible after hearings are scheduled. Notices must be posted by 3:00 p.m. on
the day preceding the day of the meeting (see Senate Rule 10-3b and House Rule
9-3b). Meeting schedules are also announced by the committee chairmen each
afternoon before adjournment of the House and Senate.
(d) Appearance
of Bill Sponsor at Meeting. It is the normal practice for the committee
secretary to provide special written notice to each bill sponsor whose bill
will be up for consideration at a committee meeting. If a sponsor cannot attend
the scheduled meeting, he is responsible for arranging for another legislator
to explain the bill or notifying the standing committee chairman to request a
postponement of the hearing on his bill.
(e) Presentation
of Testimony. The normal practice is for the sponsor to speak first and
present a summary of each provision in his bill. The sponsor may ask the
constituent or lobbyist who suggested the legislation to provide additional
information and to answer questions. If a written statement is presented,
sufficient copies should be provided so that each committee member and the
committee secretary receives a copy. Following presentation by the sponsor and
his witnesses, the chairman will normally allow time for others wishing to
provide testimony and for committee questions. Often, the committee will not
begin "working" the bill (discussing amendments) or vote on a final
recommendation until a subsequent meeting.
(f) "Working"
the Bill. "Working" a bill assigned to committee involves the
committee's consideration of the substantive policy provisions of the bill as
well as a careful review of its practical and technical aspects. LSO staff is
available for consultation when a committee is "working" a difficult
bill.
Committees should not depend upon committee of the
whole action to "clean up" bills which have not been thoroughly
reviewed and worked on by the standing committee.
(g) Substitute
Bills. In the event the standing committee has proposed a great number of
complex amendments to a bill, the chairman may wish to discuss with the House
or Senate attorney the possibility of preparing a substitute bill which
incorporates the committee's amendments. This alternative should be used
sparingly due to: (1) the amount of staff time required; and (2) the difficulty
interested individuals might encounter in trying to determine the exact changes
proposed by the standing committee when the amendments have already been merged
into the language of the substitute bill.
(h) Motion
to Re-refer. A motion to re-refer a bill to another committee is
appropriate when:
(i) The
first committee determines the bill involves a subject more appropriately
within the general jurisdiction of another committee; or
(ii) The
bill contains an appropriation and is subject to re-referral to the
appropriations committee under SR 9-4 or HR 8-5.
(i) Preparation
of Standing Committee Report. See the "Standing Committee Report
Checklist" in the Wyoming Manual of Legislative Procedures.
The standing committee report is prepared by the
committee secretary under the direction of the chairman. The report is
generally prepared from the secretary's notes of the committee's discussion and
is seldom presented to the committee for review before a final vote is taken on
the bill. It is therefore important that the chairman carefully review the
report to ensure that it accurately reflects the committee's action. Following
return of the report, the House or Senate Attorney may make additional
technical corrections to the standing committee amendment before it is
distributed to and voted upon by the full body. The chairman should carefully
review such corrections to ensure that they do not alter the committee's
intent.
4. STANDING
COMMITTEE MINUTES.
For a number of years it was the custom for
committee secretaries to prepare minutes of all standing committee meetings.
These minutes ranged in detail from a bare recitation of the committee's action
on a bill (duplicating information contained in the standing committee report)
to near verbatim transcripts of the testimony and discussion at committee
meetings. Regardless of style, however, no provision existed for preservation
of these minutes as permanent records of the legislature and they were
typically discarded at the end of each legislative session.
Following the 1992 session, the Management Council
reviewed various alternatives relating to preparation and retention of standing
committee minutes and finally determined that any formal requirement for
keeping such minutes should be eliminated.
Whether the secretary for a standing committee will
be required to keep minutes relating to some or all bills assigned to the
committee, and the format for those minutes if required, is now a matter solely
for the discretion of the committee chairman. See Joint Rule 16-1 regarding
official standing committee records.
5. STANDING
COMMITTEE REPORT.
The Management Council has approved the following
procedures for preparation of standing committee reports:
(A) In
all cases where there is a committee amendment, the report form will
simply state "See Attachment A";
(B) The
secretary will mark up by hand (cut and paste if necessary) a copy of the bill
to read as the committee wanted it in accordance with their amendments.
Additions to and deletions from the bill will be made so as to be clear to the
attorneys;
(C) The
secretary then submits the report form and the marked up bill to the chairman
for review and signature;
(D) The
chairman signs the report and submits it to the front desk along with the
marked up bill;
(E) The
chief clerk sends the report and the marked up bill to the attorneys who
prepare the "Schedule A" amendment in proper form and return it to
the front desk where it is read in;
(F) The
marked up copy remains in the attorney's office; the Attachment A prepared by
the attorneys is the official version of the amendment placed in the jacket.
CHAPTER V
INTERIM COMMITTEE OPERATIONS
1. DEVELOPING
INTERIM STUDY PROPOSALS.
(a) Importance
of Interim Work.
It is obvious that much of the important work of a
part time citizen legislature must of necessity be accomplished through its
interim committees. Ideally, these committees will take on the truly tough
issues facing the state and through the course of intensive interim work,
develop appropriate legislative responses. Faced with limited time and budget,
however, the interim committee process cannot operate effectively unless the
committees identify, prioritize and select the most significant topics for
interim study.
When notified by the Management Council about its
meeting to consider interim studies (see Chapter II, Section 1), the committee
chairmen schedule an organizational meeting at which interim topics are
identified. Unfortunately, an "interim study planning meeting" held
by an interim committee at the end of the legislative session sometimes follows
this scenario:
The interim committee meets for less than an hour
during the last days of the session to plan interim studies. This is a time
when everyone is tired and ready to go home and the last thing anyone wants to
do is think about interim work. Because the Management Council is pressing for
a preliminary list of study topics, the committee gives serious consideration
to any issue that any individual member happens to bring up. The proposed
"studies list" developed at this meeting, then, typically involves:
(1) issues only one member of the committee is truly concerned with; (2)
proposals to continue previous committee studies that never got off the ground;
(3) proposals to rehash legislation that failed during the current session. In
many cases, no "study" is needed, rather, this is simply a means to
get committee sponsorship of an individual legislator's bill to enhance the
chances for passage; (4) proposals to study broad "catch all"
subjects; or (5) proposals to "monitor" some current or threatened
federal program or activity which the legislature is likely powerless to affect
in any event.
(b) Identifying
Study Topics/Issues Forecasting.
Identifying significant topics for interim study is
one of the most important tasks facing the interim committee chairman and
vice-chairman. The following suggestions will hopefully prove helpful:
(i) Begin
developing a list of potential study topics as early as possible and encourage
the committee to continuously review and update the list throughout the
biennium. A brief time allotted for "committee planning" would be appropriate
on the agenda for each interim meeting.
(ii) Monitor
innovations and "hot issues" in other states.
It is true that there exist some issues worthy of
study which are truly unique to Wyoming. Likewise there are some issues which
are deemed critical by states in other regions but which are of little interest
in our state. It is important to note, however, the great number of current
issues and problems which Wyoming shares in common with other states, e.g.,
economic development, health care, worker's compensation issues, etc. While
there is a definite danger in rushing to consider every new innovation
experimented with in other states, there is likewise a danger in ignoring
trends and issues in other states until a crisis situation forces a consideration
of those issues here in Wyoming.
Numerous materials are available through LSO staff
to committee chairmen interested in monitoring issues being addressed in other
states including NCSL and CSG periodic publications such as NCSL's annual
"State Issues" and "State Enactments" reports.
(iii) Select
study topics within the logical jurisdiction of the committee. The issue
involved here is not turf battles with other committees but rather a logical
division of labor with each committee studying topics within its own area of
expertise.
(iv) Select
topics which are big enough or complicated enough to warrant committee
"study." Committees should avoid studies which constitute nothing
more than a minimal review of previously considered legislation or consideration
of a series of minor bills which could be handled as well by individual
sponsors. On a related note, committees should be especially wary of requests
late in the year from individual legislators (seeking added impetus for their
personal bills) to take over sponsorship of bills which have not been the
subject of committee study.
(v) If
the committee has not already developed a list of potential study topics prior
to the beginning of the session, the subject of interim work should be brought
up at one of the committee's first meetings - and periodically thereafter - to
encourage the committee members to begin discussing possibilities well in
advance of the last days of the session.
(vi) Other
sources for identifying potential interim study topics include: recent
decisions of the state supreme court affecting a subject area of concern to the
committee; recommendations of state agencies; LSO staff recommendations.
(vii) Prioritize
study requests presented to the Management Council. More often than not,
interim committees request authorization to study more issues than the Council
believes can be handled given the limited time and budget available. It is
important, therefore, that the committee chairman identify and fully explain
the committee's top study priorities.
In order to explain the committee's proposals and to
answer questions, the chairman should make every effort to attend the Council
meeting held prior to the close of the session at which preliminary decisions
are made concerning interim studies.
2. FORMAT
FOR STUDY PROPOSAL SUBMITTED TO MANAGEMENT COUNCIL.
See sample format in Appendix 3.
3. INTERIM
COMMITTEE BUDGET.
See Chapter II of this Handbook.
4. SCHEDULING
INTERIM WORK.
(a) Getting
Started. Most committees are understandably reluctant to commence interim
committee work immediately following the conclusion of a grueling legislative
session. It is expected, however, that committees will begin their work early
enough in the spring to ensure sufficient time for completion. Even if the committee
does not intend to schedule an early meeting, the chairman is responsible for
providing sufficient guidance to committee staff to allow them to begin
preliminary research on assigned study topics.
(b) Determining
the Number of Meetings. The chairman must decide whether the committee's
work can best be handled by a series of one day or two day meetings. To
conserve committee funds, consideration might be given to:
(i) The
appointment of subcommittees to study or prepare draft legislation on specific
issues and to report back recommendations to the full committee;
(ii) Scheduling
a "long" one day meeting rather than continuing the meeting over to a
second day if there is insufficient work to keep the committee busy past noon
on the second day.
(c) Scheduling
for Early Completion. Early in the year, the chairman should develop a
tentative schedule for committee meetings as well as target dates for
completing various segments of the committee's work assignment.
Interim committees should attempt to schedule
meetings so that the bulk of interim work is completed by December 1st each
year. This is necessary:
(i) To
enable the LSO staff to devote adequate time to drafting individual bill
requests prior to the legislative session; and
(ii) To
avoid last minute action on bills which have not been fully "worked"
by the committee. Meetings held late in the year often result in committee
staff being delegated the task of drafting or revising committee bills with
inadequate direction.
(d) Determining
Where to Hold Meetings. Committees may not want to hold all of their
meetings in Cheyenne for various legitimate reasons, e.g., travel distances
involved for some committee members; possible savings to the committee's budget
resulting from holding meetings in a more centralized location; opportunity for
citizens living in other parts of the state to participate in the legislative
process, etc. These factors might be especially persuasive in the case of a
committee meeting scheduled for the very purpose of soliciting widespread
public input. On the other hand, the chairman must weigh the overall costs of
holding certain types of meetings away from the capitol, e.g., requiring
numerous state agency officials to travel to a location outside Cheyenne to
brief the committee on various state programs might result in minor savings to
the committee budget but might be very expensive to the state as a whole.
Chairmen may wish to consider using the state
compressed video system where the meeting agenda makes its use reasonable.
5. EXCEEDING
AUTHORIZED STUDIES.
Committee chairmen occasionally face the question of
how far the committee can go in working on an issue which has not been
specifically approved as an interim study by the Management Council.
The two factors limiting the exercise of the
chairman's discretion in this regard involve potential impacts upon the
committee's budget and upon LSO staff resources. By statute, the Management
Council is charged with establishing priorities for the use of staff time and
for the commitment of funds for committee studies. W.S. 28-8-104(b). The
Council makes its allocation of these limited resources among the various
interim committees based upon the relative workload of each committee as
determined at the time interim studies are initially approved. Chairmen should
be cautious of subsequently taking on unapproved studies which significantly
impact this allocation by requiring additional staff time (and thereby possibly
preventing the staff from devoting sufficient time to the work of other interim
committees) or committee budget (which may result in the committee running
short of funds to complete its other assigned studies.)
On the other hand, a chairman is probably safe in
allowing the committee to review issues which are not strictly related to the
committee's assigned interim work but which will not require significant staff
time and which the committee can handle briefly in conjunction with a committee
meeting scheduled for work on approved studies.
Similarly, citizens or state agency representatives
sometimes ask for permission to address a committee on a topic that is not one
that is approved for interim study. Nevertheless, it makes good sense to at
least hear these concerns and determine if additional interim work is
necessary. If it is, the committee chairman can contact the Management Council
and ask that the additional topic be added to the approved list. The LSO will
arrange to poll the Council members by phone or by letter, so waiting for a
Council meeting is unnecessary.
6. EFFECTIVE
USE OF STAFF.
(a) With
respect to committee staffing, the LSO does perform "ministerial"
type services (arranging meetings, preparing minutes, putting legislation
drafted by lobbyists or others into proper form, etc.,) as well as more
"professional" services including intensive research and policy
analysis. The staff also possesses a good deal of knowledge about state
government structure, finance, operations and programs which can be of
significant value in assisting committees in their policy determinations. In
their role as staff, however, LSO personnel must walk a fine line in offering
assistance so as to avoid even the appearance of attempting to "lead"
or unduly influence the committee. Consequently, it is the responsibility of the
chairman to determine the extent to which he wishes to request and make use of
available LSO staff assistance.
Chairmen should avoid the practice of assigning
tasks to staff without appropriate direction, for example: Interim committees
on occasion ask staff to draft or redraft provisions in a committee bill to
"fix" a problem brought to the committee's attention without clear
direction as to the committee's intent. On other occasions, staff have been
asked to, in effect, "negotiate" between two or more opposing groups
and "work out a compromise" to bring back to the committee. In both
of these instances staff is being asked, inappropriately, to perform tasks and
make policy decisions that should be handled by the committee itself.
(b) It
is not uncommon for some committees to rely heavily upon lobbyists, state
agency personnel or others to provide information or recommendations for the
committee's consideration. While there is no reason to believe that information
provided by these sources is inaccurate, chairmen should keep in mind that many
individuals offering "help" to the committee have a definite bias or
"agenda" as to the final result they wish the committee to reach.
7. INTERIM
COMMITTEE MINUTES.
(a) General
Guidelines. Minutes of joint interim committee meetings prepared by the
Legislative Service Office are in the nature of a summary or brief recap of
committee action and proceedings and are not meant to be a verbatim transcript
of meetings. Reasons for this policy include:
(i) Limited
staff resources make preparation of a verbatim transcript impractical;
(ii) Minutes
in a recap or summary format are often more useful to legislators and the
public. For example, a single issue may be addressed several times during the
course of a two-day meeting before the committee takes final action. Arranging
minutes by topic rather than chronologically will allow the reader to locate
all discussion and action on a particular issue under a single topic heading,
rather than requiring a reading of the full set of minutes to find each
isolated reference to the issue;
(iii) It
is more important to summarize clearly the information provided to the
committee than to record the precise dialogue between committee members and
presenters which elicited the information.
(b) Public
Hearings. As in the case of minutes, the basic policy is to provide a
summary of testimony and not a full chronological transcript:
(i) Information
provided by each individual speaker is combined and summarized under a single
entry even if the person spoke several times during the course of the public
hearing;
(ii) It
is common practice to reference attached written statements in lieu of
summarizing testimony. The chairman should announce at the beginning of the
public hearing that any individual who addresses the committee but has not
prepared a written statement should furnish a written summary of his testimony
to the LSO within 7 days following the hearing for inclusion in the record.
(c) Subcommittee
Meetings. The primary purpose of the report of a subcommittee meeting is to
provide a brief recap which documents subcommittee proceedings and
recommendations to the full committee:
(i) Unless
deemed particularly important, the report need not provide a detailed record of
testimony received by the subcommittee nor specifics of subcommittee
deliberations;
(ii) The
report may take the form of minutes or may simply be designated as a
"report" or "memorandum" of subcommittee action addressed
to the full committee;
(iii) Rather
than preparing individual sets of minutes for each subcommittee meeting, it is
sometimes preferable to summarize in a single report to the full committee all
the activities of a subcommittee which meets several times during the course of
the year;
(iv) A
limited purpose subcommittee (e.g., a "drafting" subcommittee
assigned to review a specific issue and prepare a bill draft for consideration
by the full committee) normally provides an oral rather than a written report
of its activities and recommendations to the full committee.
(d) Approval
of Committee Minutes. Committee minutes are valuable as legislative history
only to the extent that it is established that they accurately reflect the
committee's action and consensus. Since interim committee minutes are prepared
in the form of a summary or recap rather than as a verbatim transcript, it is
especially important that at each meeting the committee vote to approve (or if
need be correct) the minutes of the previous meeting as constituting an
accurate record.
Under current policy, minutes are first mailed to
the chairman or cochairmen for review. If LSO receives no response within 10
days after mailing, the minutes are released to the public, including being
made available on the legislative Web site. LSO will make corrections as directed
by the chairman/cochairmen or, upon timely notice, withhold distribution until
corrections can be made. All minutes appear with the heading "Draft Only -
Approval Pending" until the Committee votes to approve them.
(e) Recording
Votes on Bill Introductions.
It is essential that committee votes on disposition
of bills are recorded.
8. PROCEDURE
IN ABSENCE OF A QUORUM.
A typical one-day meeting of an interim committee in
Cheyenne or Casper costs around $6,000 if the entire committee attends. In light
of this expense, it is very important that the committee chairman remain in
close contact with the committee staff to determine whether a quorum of the
committee will attend to transact business or whether the meeting should be
postponed or canceled.
If, for reasons beyond control (e.g., sudden adverse
weather) an insufficient number of committee members show up to establish a
quorum:
(a) The
chairman should discuss with staff the possibility of establishing a quorum
through use of a speaker phone.
(b) The
chairman may designate those members in attendance as a working subcommittee
and proceed to take testimony or work draft bills and report recommendations to
the full committee.
(c) If
there is no possibility that the full committee can meet again later to take
final action on proposed legislation (e.g., if there is insufficient time
before the session to hold another meeting or insufficient budget) then the
committee may use post card ballots to obtain the vote of absent members.
Chairmen are cautioned to use this approach only as an emergency last resort
since committee members will be asked to vote on draft legislation that likely
has not been fully discussed or worked by the committee.
APPENDIX 1
COMMITTEE OPERATING
GUIDELINES
The following list references the major sources of
committee operating guidelines and provides a brief synopsis of significant
information contained in each:
(a) Statutory
Provisions.
(i) Legislative
committees exempt from public meeting law. W.S. 16-4-402(a)(ii).
(ii) Issuance
of Subpoenas. W.S. 28-1-109.
(iii) Power
to control disturbances at committee meetings. W.S. 28-1-110 and 28-1-111.
(iv) Formation
of interim committees; request for LSO staff services. W.S. 28-8-104.
(v) Role
of standing committees and interim committees in the administrative rule review
process. W.S. 28-9-103 through 28-9-105.
(b) Management
Council Policies.
(i) Assignment
of Interim studies.
(ii) Organization
and general operations of joint interim committees.
(iii) Interim
committee budget, finance and travel regulations.
(iv) Conducting
executive sessions of joint interim committee meetings.
(c) House
and Senate Rules.
(i) Designation
of standing committees in Senate and House. SR 7-1, HR 4-1.
(ii) Number
and apportionment of members on standing committees. SR 7-2, HR 4-2.
(iii) Standing
committees' duty to report on bills; meetings to be open unless declared to be
executive session by chairman. SR 7-3, HR 4-3.
(iv) Majority
vote required to overrule standing committee chairman. HR 4-3.
(v) Recalling
bills from standing committee. SR 7-4, HR 4-4.
(vi) Filling
vacancies on standing committees. SR 7-5, HR 4-5.
(vii) Re-referral
of bills containing an appropriation to the appropriations committee. SR 9-4,
HR 8-5.
(viii) Referral
of bills to standing committees and re-referrals. SR 10-2, HR 9-2.
(ix) Delivery
of bills to committee chairman after first reading. SR 10-3.
(x) Standing
committee chairman's role in presenting committee report in committee of the
whole. SR 11-3, HR 10-3.
(xi) Joint
interim committee authority to sponsor bills. Joint Rule 9-2.
(xii) Standing
committee report to be presented within two working days after committee vote.
Joint Rule 13-1.
(d) Wyoming
Manual of Legislative Procedures.
(i) Description
of standing committee action on referred bills.
(ii) Standing
committee report checklist.
(iii) Detailed
procedures for standing committee chairman in presenting committee report
during committee of the whole.
(e) Mason's
Manual of Legislative Procedure.
(i) Committee
officers. Sec. 608.
(ii) General
duties of committee chairmen. Sec. 611.
(iii) Quorum
requirements for committees. Sec. 613.
(iv) Delegation
of powers to committees. Sec. 615.
(v) Procedure
in committees. Sec. 632.
(vi) Committee
reports. Sec. 663 et seq.
APPENDIX 2
SAMPLE INTERIM COMMITTEE
RULES
I. OFFICERS.
A. Chairman.
The chairman shall:
1. Call
the committee together at the times and places necessary to enable the
committee to properly perform its duties.
2. Preside
over meetings of the committee and put all questions.
3. Maintain
order and decide all questions of order subject to appeal to the committee
present.
4. Prepare,
or supervise the preparation of, reports of the committee and submit the
reports to the legislature.
5. Authorize
and approve or disapprove all committee expenditures and sign all vouchers for
committee expenses to be presented to the Management Council.
B. Vice
Chairman. The vice chairman shall:
Perform all duties of the chairman in the absence of
the chairman.
II. MEETINGS.
A. Call.
The chairman, the vice chairman in the absence or
incapacity of the chairman, or a majority of the members of the joint interim
committee, may call a meeting of the committee by sending by regular mail to
each member of the committee written notice fifteen (15) days prior to the
meeting. Written notice may be waived by unanimous consent of the entire
committee. Attendance at any meeting constitutes waiver of written notice.
Notwithstanding any other provision of this subsection, less than a quorum of
the joint interim committee may meet and transact business provided the absent
members are subsequently polled and asked to vote by written ballot on any
action taken and further provided the action taken at the meeting is thereby
approved by a majority of the members of the full committee.
B. Time
and Place.
The time and place of meeting of the joint interim
committee shall be designated by the chairman or by the vice chairman or
members calling the meeting.
C. Agenda.
Notice of meetings of the joint interim committee
shall contain an agenda of business to be considered, or state the purpose of
the meeting. Reasonable efforts shall be made to give prior notice of all
subjects to be acted upon.
D. Quorum.
The quorum necessary for the joint interim committee
to transact business shall be a majority of the members. A majority of the
quorum may act on any matter.
E. Minutes.
Minutes of any meeting of the joint interim
committee shall be approved and signed by the secretary before distribution to
and approval by the members of the full committee.
III. ORDER
OF BUSINESS.
A. Standard
Order of Business.
1. Roll
call.
2. Reading
and approval of minutes.
3. Motion
to reconsider.
4. Unfinished
business.
5. Subcommittee
reports.
6. New
business.
7. Adjournment.
B. Motion
to Reconsider.
A motion to reconsider or to rescind actions of the
committee, unless made at the same meeting at which the action was taken, may
only be made upon fifteen (15) days prior written notice to each member of the
committee, stating what action is to be reconsidered or rescinded.
IV. SUBCOMMITTEES.
A. Composition.
1. Membership
on subcommittees shall be distributed among House and Senate members to ensure
nearly proportional representation. Further, membership on each subcommittee
shall be apportioned to reflect as nearly as possible the same percentage of
the majority and minority political parties as on the joint interim committee.
2. Subcommittees
shall have a number of members as designated by the full committee, but no
subcommittee shall have less than three (3) appointed members.
B. Quorum.
A quorum of a subcommittee with an even number of
members shall be one-half (1/2) of the members, who may act on any question. A
quorum of a subcommittee with an odd number of members shall be a simple
majority of the membership, who may act on any question.
C. Duties.
Subcommittees shall perform the duties assigned to
them and shall report on all matters referred to them. Actions of a subcommittee
shall be reported in the form of proposals or recommendations to the full
committee only, and shall have no force or binding effect except by action of
the full committee.
D. Rules.
1. Rules
relating to the full interim committee shall be followed by subcommittees,
except with regard to a quorum.
2. Subcommittees
shall not call public hearings without the prior approval of the interim
committee or the interim committee chairman.
E. Meetings.
1. The
chairman of a subcommittee shall schedule meetings only with the prior approval
of the interim committee chairman.
2. The
chairman of a subcommittee shall authorize and approve or disapprove all
subcommittee expenditures and sign all vouchers for subcommittee expenses.
3. A
member of the joint interim committee may attend a meeting of any subcommittee
of the joint interim committee whether or not he is a member of the
subcommittee, but the person shall not have a vote in any action of the
subcommittee. The chairman of the joint interim committee may authorize payment
of expenses to the person.
V. ATTENDANCE
AT OTHER MEETINGS.
The chairman of the joint interim committee may
attend or designate a member of the joint interim committee to attend meetings
of interest or concern to committee activities.
VI. PROCEDURAL
GUIDELINES.
Mason's Manual of Legislative Procedure shall
govern procedural matters for the joint interim committee and its subcommittees
not covered elsewhere in these rules.
APPENDIX 3
SAMPLE: INTERIM STUDY
PROPOSAL
(Date)
To: Members,
Management Council
From: Committee:___________________________________
Chairman: ___________________________________
Subject: Proposed Interim
Studies
The Joint Committee requests authorization for the following studies,
listed in order of priority:
1. First
priority study:
(a) Topic:
(b) Background/Discussion
concerning problem to be addressed:
(c) Anticipated
committee activity: (e.g., number of meeting days devoted to this topic;
whether legislation will be developed; need for extraordinary staff assistance,
etc.)
2. Second
priority study:
(a) Topic:
(b) Background/Discussion
concerning problem to be addressed:
(c) Anticipated
committee activity:
3. Third
priority study:
(a) Topic:
(b) Background/Discussion
concerning problem to be addressed:
(c) Anticipated
committee activity:
APPENDIX 4
HOW TO BE AN EFFECTIVE
COMMITTEE CHAIR
(National Conference of
State Legislatures January 1996)
APPENDIX 5
A CHAIRMAN'S GUIDE TO
EFFECTIVE COMMITTEE
MANAGEMENT
(National Conference of
State Legislatures, May 1981)