The committee system in the House consists of 17 standing committees. Committee subject matter jurisdiction is defined in the House Rules (House Rule 6.6). Standing committees use the interim effectively when they fully utilize their interim authority.

The individual legislator uses the interim to prepare for the next session – to gather information and seek possible solutions to problems, to develop draft legislation, and to plan for the session.

Many resources are available to both committees and to individual members to help them use the interim effectively.

How the Legislature Functions Through Committees

The interim activities of standing committees are critical to the role of the legislature as a co-equal branch of state government. The authority of the legislature as policymaker is exercised during the interim through the standing committees, essentially through studies, oversight, and presession hearing of legislation.

The standing committee system of the House of Representatives is comprised of the 17 permanent House standing committees. The committees and the specific subject matter jurisdiction of each are established by House Rules (House Rules 6.1 and 6.6).

The chairman and members of each committee are appointed by the Speaker of the House (except that certain members of the Appropriations Committee are elected as provided by House Rules (House Rule 6.4)

The standing committees engage in several kinds of interim studies, all having significance for legislative policymaking. These include: studies of problems and possible solutions, often with a view toward proposed legislation; oversight of the implementation of laws previously enacted, including review of proposed agency rules; and presession hearings of proposed legislation and prefiled bills.

• "Oversight" is a much used and somewhat misunderstood term. It refers not only to the statutory authority of committees to review proposed agency rules, but also to the entire scope of all types of legislative activity that are directed to assure compliance with legislative intent in the implementation of laws.

• House and Senate committees are authorized by the Administrative Procedure Act (APA) to review rules proposed by agencies within their subject matter jurisdictions. Since agency rulemaking authority is actually the delegation of the details of lawmaking to executive branch agencies, the legislature has retained authority, subject to gubernatorial override, to disapprove proposed rules. Detailed procedures for review of agency rules are specified by the APA (R.S. 49:950 et seq.).

• House and Senate committees are required by Joint Rule 16 to "conduct legislative oversight of the administration of laws and programs by agencies supported ... by state funds ...". Committees may conduct in-depth program evaluations to ensure that program purposes are valid and are being served and they may also do less extensive evaluative research related to the operation of programs. They may also develop related proposed legislation.

• The Sunset Law (R.S. 49:190 et seq.) abolishes executive branch agencies on specified dates unless they are re-created by the legislature prior to such dates. Standing committees are required to evaluate the agencies within their jurisdictions and the agencies’ programs to determine if their legal authority should terminate. The law authorizes the committees to select particular entities or programs for more extensive evaluation.

• Reorganization of executive branch department structure is another type of oversight study. Usually undertaken by the House and Governmental Affairs Committee, whose jurisdiction includes executive branch organization, this type of study may also be related to any committee’s review of departments within its jurisdiction. Such studies examine issues such as duplication of functions, consolidation of agencies, placement of functions within a department’s structure, and cost-effectiveness of organizational structure.

Committees have the authority to conduct hearings on prefiled legislation prior to the session and to determine the committee report on such legislation. If the committee determines its report at a presession hearing, then during the session the committee must report the bill in the same way, unless the committee requests permission to change its report and the House permits the change, all within certain time frames. House Rules carefully regulate these procedures. Prefiling and presession hearings are intended to allow more time for committee hearings, particularly for complex and controversial matters, and to relieve the busy committee agendas during session. Committees have seldom used this authority in recent years.

Committee Planning and Staffing Between Sessions　

Effective committee study requires careful planning. Rules require committees to submit statements of study scope, anticipated meetings, and estimated cost to the Speaker for approval. Productive use of committee and staff time is best assured by an overall plan for the committee interim, including the matters to be studied by subcommittee, if any, and a plan for each study.

The chairman of each standing committee is authorized to establish subcommittees which may take action subject to approval of the committee. In addition, each standing committee also has this authority. Committees often assign interim studies to appropriate subcommittees.

The committee chairman should use staff expertise in planning each study. Such plans should include identification of the problem(s) and the questions the committee seeks to answer; the kind of information necessary to define the problem and answer the committee’s questions; the methodology necessary to gather the information and the time required to gather it; and how the time for each committee meeting will be fully and productively used, including research findings to be presented and testimony to be given.

Committees should seek to obtain as much information on the topic as time permits. Longer range planning will result in obtaining better information.

• Research studies by committees which examine problems and alternative solutions should include such staff research as: staff preparation and presentation (written and/or oral) of background information (such as data and information relative to the scope of the problem, present laws and programs related to the problem, experience or laws of other states); staff interviews of department personnel and other interested or affected persons who may testify before the committee in order to assure that informed testimony will be provided to the committee; preparation, submission, and analysis of data from questionnaires submitted or administered to affected agencies or persons; drafting suggested questions for members to use during hearings.

• Review of proposed agency rules by a committee should include such staff preparation as: examination of the legal authority for the rule and legislative intent related to the rule; explanation, written and oral, of the change proposed by the new rule; research into related legislative activity, particularly whether the committee has considered similar or related bills or rules; information related to possible effects of the rule. The Legislative Fiscal Office staff must review and approve the fiscal impact statements and economic impact statements prepared by the agency concerning proposed rules that the agency is required to submit with its statement of intent to adopt rules. The agency is also required to prepare a family impact statement concerning each proposed rule which must include certain specified information about the effect of the rule on family formation, stability, and autonomy.

• In-depth program evaluation research requires considerable staff effort and continuing direction by the committee. It involves identification of program goals and objectives as established by the legislature or by program administrators and gathering of objective information and data to indicate how well such goals and objectives are met. It often examines the cost-effectiveness and efficiency of the program and its management. This can include such methodology as staff analysis of records and data of the program or gathering of new data, interviews, administration of questionnaires or surveys to affected persons, and other more traditional research into provisions of law and comparisons with other states. The Legislative Auditor and the Legislative Fiscal Office have been charged by law with conducting performance audits and program evaluations for the legislature.

• Limited program evaluation research methods may also be used to examine specific questions related to program operations. This type of research may use some of the same sort of methodology, although of a less extensive nature, as does a full program evaluation. It can aid in an immediate and effective committee response to problems which arise in program or department operations.

• Sunset studies are useful in informing committee members about agency programs and activities and in determining whether the agency and/or its programs continue to be needed. The sunset law outlines specific determinations the committee is required to make as part of its study to decide whether an agency should be re-created or should be allowed to "sunset" and cease to exist. Committee sunset activities may also include a review of the agency’s indicators of program effectiveness and any audits or reports prepared by the legislative auditor concerning the agency.

There are four primary areas of interim activity for the individual House member:

• Service on committees: This includes participation in committee activities such as oversight of proposed agency rules, oversight of the effectiveness of previously enacted legislation, studies by committees of problems in their subject areas, and development and adoption of proposed committee legislation.

• Constituent communications: This means following through with constituents on their interests and problems. This includes discussion, development of information, and possibly research and drafting of legislative proposals related to interests or problems identified by constituents.

• Political subdivisions and local officials: This includes working with local governing bodies and officials in addressing their problems, including the preparation of needed legislation, as well as providing for publication of notice of local or retirement bills and meeting any other procedural requirements.

• Personal legislative program: This requires the development of ideas, research, and drafts of legislation relating to the member’s own particular areas of interest. The bills he or she will introduce comprise the member’s personal legislative program or package.

Certain guidelines must be followed to assure serious and favorable consideration of the member’s proposed legislative program by the legislature. Substantive, complex legislation requires special preparation, attention, and handling. The following guidelines apply particularly to such legislation, although any bill may have aspects which require that many of the following steps be followed.

Three essential rules should be observed in the preparation and presentation of a member’s program and of any bill:

• Be knowledgeable of the subject matter.

• Be prepared.

• Be organized.

It is critical that the member fully learn the subject matter on which he or she intends to focus, using self-education and staff briefings and research. The staff can be a great help. No member can be an expert on everything, and no member will be accepted or recognized as an expert on everything.

Preparation must begin in a timely manner. Complex legislation requires time for research, drafting, and familiarizing potential supporters with the provisions of the proposal.

Get to know those staff persons having expert knowledge of the subject matter and seek their assistance to develop expertise and to become as specialized in knowledge as is necessary to handle a complex bill.

• The staff will provide objective, nonpartisan research and will try to develop the idea and draft the bill as the member instructs. It is important to communicate the request to staff clearly. Contact staff as early as possible, even when the idea is only in the formative stages, and further consultation with staff should occur as the member develops the idea. Staff members can provide information about the history of similar legislative proposals, suggestions for implementation, and ideas for alternative approaches. Staff can advise on procedural requirements, such as session subject matter limitations and requirements for publication of notice.

• Staff does not make policy. Although staff will try to provide as much assistance as is requested and as time permits, the bill is the member’s responsibility. "Staff told me" and "staff recommended" are ineffective statements when explaining the provisions of a bill.

• Difficult, substantive research takes time. Development of the legislation may require obtaining laws of other states, information from public bodies and private agencies, and coordination of information and ideas from many sources. The earlier a bill is requested, the more time the staff will have to devote to it. A bill requested too late for thorough research and drafting may generate questions, require substantial amendment, and may not be properly considered during session. If the bill is a local or retirement bill required to be advertised prior to introduction, it is imperative that staff assistance be requested before the deadline for submission of the notice to the newspaper; if the deadline has passed, it is very likely that the bill cannot be introduced.

There are a number of key elements to consider in developing legislation. The author should review these elements in preparing the bill itself and in obtaining the support of other members and interested groups. He or she should determine which elements apply to the bill and be fully prepared on each of them in relation to the bill. Staff can assist in obtaining information in this regard. This preparation should be completed well in advance of the session.

• What is the problem that is being addressed? This is a practical statement of the actual problem that makes the bill necessary. Carefully done, this can assist the member and the drafter in removing unnecessary and unworkable provisions from the bill. It also assists the member in explaining the bill to others.

• Is legislation the proper approach to solving the problem? Does the solution require a change in existing law or the granting of authority to implement the solution? Does sufficient authority exist to solve the problem by administrative action? These issues are crucial to the draft and to any explanation of the bill’s importance.

• What does the bill do? Does the bill go beyond the solution sought? Does the bill have unnecessary and unwanted effects? How is it to be implemented in practice? What cost impact does it have?

• How does the bill solve the problem? What is the actual result of the legislation? What is the actual effect on the particular problem?

• Does the bill have the support of others? Other legislators? Interested and affected groups? The provisions of the bill to which potential supporters object may be changed before the bill is introduced if the questions on this list are answered. The answers to these questions also affect other support the bill might receive.

• Can examples of similar solutions be cited? Citing similar statutes used successfully to solve similar problems may attest to the workable nature of the solution.

• Can likely objections be answered in advance? Careful preparation includes anticipation of probable objections or opposing arguments to the legislation and the preparation of answers in response to such objections and arguments, including data and information. Identifying the likely opponents may be important when doing this.

The degree of development of the legislative proposal will determine how the legislator will initiate staff efforts in preparation of a bill:

• If the idea or need for legislation is formulated and the member is ready to give instructions on drafting the bill, instructions should be clearly given to the drafter, and the drafter’s questions should be answered. In developing the concept with the drafter, the author may find that factors exist (such as current law or practical requirements of implementation) that require changes in the initial approach.

• If the legislative proposal is only a concept, the member needs research to determine the extent of the problem, possible alternative solutions and their implications, and specific provisions that might be incorporated in a solution. Staff can assist in formulating the questions to be answered and the kinds of factual information necessary to answer them, as well as in suggesting solutions and raising questions about details of the proposed law. The staff does not make the decisions; the contents of the bill ultimately are the responsibility of the member.

To Develop Effective Legislation, a House Member Must: Begin preparation of legislation well in advance of the session. Request preparation and drafting of legislation as ideas are generated; do not accumulate a number of proposals before putting the staff to work on them. Give staff the time necessary to do a good and thorough job.

When it is complete, it is important for the member to review the bill draft in detail. The member should ask the drafter to point out areas that differ from instructions, and why, and provisions which the drafter thinks are particularly important. The author must read the entire bill closely and ask questions about any part that is not clear. Clarity of language is a hallmark of good legislation. It will also make the bill easier to explain.

Presession efforts to gain support and eliminate opposition may include:

• Meeting with supporters in order to generate publicity and enthusiasm for the legislation.

• Meeting with other legislators interested in the subject in order to gain their assistance and incorporate their ideas. Adding co-authors to a bill is often helpful.

• Publicity. Such actions as contacting interested groups, issuing press releases, and mentioning legislation in public forums will make the media and the public aware of the proposal.

• Floating a trial balloon involves identifying someone affected or potentially opposed and obtaining an initial response to the idea. One possible approach is to contact the affected state agency which will be required to implement the law and ask for comments on the proposal.

• Anticipating and trying to work out problems. This means identifying the likely opposition and including or removing provisions to make the legislation more palatable, or providing information to those opposed to disprove their objections.

• Redrafting. If necessary to correct mistakes, to make the implementation more workable, or to answer objections of supporters or would-be opponents, the language and provisions of the bill can be rewritten.

• Preparing responses to the opposition. When the opposition is identified and the arguments against the proposal known, arguments and information to refute the objections can be prepared.