State Legislatures and Governance: An Overview

Strengthening States

Strengthening States

for 40 Years

for 40 Years

National Conference of State Legislatures

National Conference of State Legislatures

•

Bipartisan organization, 

Bipartisan organization, 

funded by state legislatures

funded by state legislatures

•

Serves the 

Serves the 

7,382 legislators 

7,382 legislators 

and 

and 

30,000+ legislative staff 

30,000+ legislative staff 

of the

of the

nation's 50 states, its commonwealths and territories (and

nation's 50 states, its commonwealths and territories (and

Scotland)

Scotland)

•

Covers every topic of state policy

Covers every topic of state policy

–

State fiscal policy (appropriations and taxation)

State fiscal policy (appropriations and taxation)

–

State legislative management

State legislative management

•

Activities:

Activities:



Research and information on topics of interest to the states

Research and information on topics of interest to the states



Technical assistance and training

Technical assistance and training



Opportunities for policymakers to exchange ideas

Opportunities for policymakers to exchange ideas



Lobbying at the federal level for states' interests

Lobbying at the federal level for states' interests

•

Chambers vary in seats from 49 to 424

Chambers vary in seats from 49 to 424

–

NH has 400 Legislative House Seats; 1 per 2000 voters

NH has 400 Legislative House Seats; 1 per 2000 voters

–

AK has 20; 

AK has 20; 

7 Ds 

7 Ds 

and 

and 

13 Rs

13 Rs

–

CA and TX Senate Districts are larger than Congressional

CA and TX Senate Districts are larger than Congressional

•

Session length may be extremely short or virtually

Session length may be extremely short or virtually

unlimited

unlimited

–

NM is 1 month

NM is 1 month

–

CA, MN, WI, IL, MI, OH, PA, NY, NJ, MA – Year Round

CA, MN, WI, IL, MI, OH, PA, NY, NJ, MA – Year Round

–

MT, NV, ND, TX had no Regular Session in 2014

MT, NV, ND, TX had no Regular Session in 2014

•

Each legislative chamber may determine its own rules

Each legislative chamber may determine its own rules

of procedure

of procedure

–

Unlimited Bill Introduction (NY)

Unlimited Bill Introduction (NY)

–

Bills limited to certain topics; budgets (LA, NM)

Bills limited to certain topics; budgets (LA, NM)

State Governments: State Legislature and Governor’s

State Governments: State Legislature and Governor’s

Office

Office

23 States are controlled by 

23 States are controlled by 

Republicans

Republicans

15 States are controlled by 

15 States are controlled by 

Democrats

Democrats

11 are 

11 are 

Divided

Divided

, with one party controlling at least one

, with one party controlling at least one

legislative chamber or the 

legislative chamber or the 

Governor's Office

Governor's Office

as of May 4, 2014

as of May 4, 2014

Legislators do not like contested districts

Legislators do not like contested districts

- single party districts are more predictable

- single party districts are more predictable

Reapportionment following 2010 Census

Reapportionment following 2010 Census

- More urban districts, fewer rural districts

- More urban districts, fewer rural districts

Moderate Republican losing Primaries; becoming more

Moderate Republican losing Primaries; becoming more

conservative overall

conservative overall

Special Elections

Special Elections

2006 & 2008 – went to 

2006 & 2008 – went to 

Democrats

Democrats

2010 – went to 

2010 – went to 

Republicans

Republicans

2012 – 5 to 

2012 – 5 to 

Democrats

Democrats

, 2 to 

, 2 to 

Republicans

Republicans

2014 – 

2014 – 

Republican leaning; 

Republican leaning; 

Democratic wins

Democratic wins

AZ Senate

AZ Senate

AR House

AR House

CO Sen & Hs

CO Sen & Hs

IA 

IA 

Sen

Sen

 & 

 & 

House

House

KY House

KY House

ME Sen

ME Sen

MI House

MI House

NV Sen

NV Sen

NH Sen 

NH Sen 

(maybe Hs?)

(maybe Hs?)

NY Sen 

NY Sen 

(coalition

(coalition

situation)

situation)

OR House & Sen

OR House & Sen

PA Sen

PA Sen

WA Sen 

WA Sen 

(coalition

(coalition

situation)

situation)

WV House

WV House

WI Sen

WI Sen

Legislative Chambers that

Legislative Chambers that

may Change Parties in 2014

may Change Parties in 2014

Food Safety

Food Safety

•

NCSL tracks 

food safety laws and legislation in all 50 states,

Washington, DC, 

and 

Puerto Rico.

•

Topics covered range from 

safe food handling practices 

to the

production and sale of raw milk.

•

The Agriculture and Rural Legislation Database contains

legislation spanning the years 2009-2014.

–

The database is readily accessible at :

http://www.ncsl.org/issues-research/agri/agriculture-and-

rural-development-legislation.aspx

, 

and is updated

regularly to ensure the availability of information on the

most current legislative developments.

2014 Food Safety Legislation

2014 Food Safety Legislation

445 bills introduced in 43 states

445 bills introduced in 43 states

•

203 remain pending

203 remain pending

•

171 bills have failed; 58 through Adjournment

171 bills have failed; 58 through Adjournment

•

CA, MI, OH, NC, MA, DE, NJ, NY, MA and RI are still in session

CA, MI, OH, NC, MA, DE, NJ, NY, MA and RI are still in session

as of June

as of June

•

Montana, Nevada, North Dakota and Texas did not hold a

Montana, Nevada, North Dakota and Texas did not hold a

session in 2014

session in 2014

49 Bills in 23 States have been enacted; 10 resolutions

49 Bills in 23 States have been enacted; 10 resolutions

in 5 states have been adopted

in 5 states have been adopted

•

Another 6 await Governor’s signature

Another 6 await Governor’s signature

•

3 have been vetoed

3 have been vetoed

Legislative Highlights

Legislative Highlights

•

Food Safety – 

Food Safety – 

42 bills in 13 states; 8 enacted

42 bills in 13 states; 8 enacted

•

Food Safety Modernization Act 

Food Safety Modernization Act 

– 10 bills in 4 states; 1

– 10 bills in 4 states; 1

enacted

enacted

•

Cottage Foods 

Cottage Foods 

-

-

-18 bills introduced in 9 states.

-18 bills introduced in 9 states.

•

Seafood and Fish 

Seafood and Fish 

-- 

-- 

35 bills introduced; 8 enacted

35 bills introduced; 8 enacted

•

Food Labeling -

Food Labeling -

- 

- 

114 bills introduced in 31 states; 14

114 bills introduced in 31 states; 14

enacted

enacted

•

Milk and Raw Milk 

Milk and Raw Milk 

-

-

- 54 bills introduced in 26 states; 4

- 54 bills introduced in 26 states; 4

enacted.

enacted.

•

Meat

Meat

 -- 

 -- 

24 bills introduced in 12 states; 5 enacted

24 bills introduced in 12 states; 5 enacted

Food Safety Legislation Prior

Food Safety Legislation Prior

to 2014

to 2014

•

2013 - 169 bills introduced in 37 states

2013 - 169 bills introduced in 37 states

: Arizona (2), California (7), Colorado (1), Connecticut (5), Delaware (1),

: Arizona (2), California (7), Colorado (1), Connecticut (5), Delaware (1),

Florida (8), Georgia (2), Hawaii (37), Iowa (3), Illinois (7), Indiana (6), Kansas (1), Massachusetts (6), Maryland (2),

Florida (8), Georgia (2), Hawaii (37), Iowa (3), Illinois (7), Indiana (6), Kansas (1), Massachusetts (6), Maryland (2),

Maine (5), Minnesota (4), Missouri (1), Mississippi (5), Montana (5), North Dakota (1), Nebraska (1), New Jersey (3),

Maine (5), Minnesota (4), Missouri (1), Mississippi (5), Montana (5), North Dakota (1), Nebraska (1), New Jersey (3),

New Mexico (2), Nevada (1), New York (25), Oklahoma (4), Oregon (3), Rhode Island (2), South Carolina (1),

New Mexico (2), Nevada (1), New York (25), Oklahoma (4), Oregon (3), Rhode Island (2), South Carolina (1),

Tennessee (3), Texas (1), Utah (1), Virginia (1), Vermont (3), Washington (4), West Virginia (3), and Wyoming (2).

Tennessee (3), Texas (1), Utah (1), Virginia (1), Vermont (3), Washington (4), West Virginia (3), and Wyoming (2).

–

58 laws passed in 29 states

58 laws passed in 29 states

•

2012: 53 bills introduced  in 24 states

2012: 53 bills introduced  in 24 states

: California (1), Colorado (2), Georgia (2), Hawaii (4), Illinois (5), Indiana (1),

: California (1), Colorado (2), Georgia (2), Hawaii (4), Illinois (5), Indiana (1),

Iowa (1),  Massachusetts (1), Maryland (2), Michigan (1), Minnesota (2), New Hampshire (1), New Jersey (5), New

Iowa (1),  Massachusetts (1), Maryland (2), Michigan (1), Minnesota (2), New Hampshire (1), New Jersey (5), New

Mexico (1), New York (2), Oklahoma (3), Oregon (2), South Carolina (3), Tennessee (3), Utah (1), Vermont (1), Virginia

Mexico (1), New York (2), Oklahoma (3), Oregon (2), South Carolina (3), Tennessee (3), Utah (1), Vermont (1), Virginia

(3), Washington (1), and West Virginia (1).

(3), Washington (1), and West Virginia (1).

–

9 laws passed in 8 states:  Colorado (1), Hawaii (1), Illinois (2), Indiana (1),  Minnesota (1), Tennessee (1),

9 laws passed in 8 states:  Colorado (1), Hawaii (1), Illinois (2), Indiana (1),  Minnesota (1), Tennessee (1),

Vermont (1), and Washington (1).

Vermont (1), and Washington (1).

•

2011: 30 proposed in 16 states:  

2011: 30 proposed in 16 states:  

Arkansas (1), Arizona (1), Colorado (1), Georgia (2), Hawaii (3), Illinois (3),

Arkansas (1), Arizona (1), Colorado (1), Georgia (2), Hawaii (3), Illinois (3),

Minnesota (2), Montana (1), New Jersey (2), Oklahoma (1), Tennessee (2), Texas (2), Utah (1), Virginia (5),

Minnesota (2), Montana (1), New Jersey (2), Oklahoma (1), Tennessee (2), Texas (2), Utah (1), Virginia (5),

Washington (1), and Wyoming (2)

Washington (1), and Wyoming (2)

–

Thirteen laws passed in 11 states:  Arkansas (1), Arizona (1), Hawaii (1), Illinois (1), Minnesota  (1), Montana

Thirteen laws passed in 11 states:  Arkansas (1), Arizona (1), Hawaii (1), Illinois (1), Minnesota  (1), Montana

(1), Tennessee (1), Texas (1), Virginia (3), Washington (1), and Wyoming (1).

(1), Tennessee (1), Texas (1), Virginia (3), Washington (1), and Wyoming (1).

•

2010: 22 bills proposed in 13 states

2010: 22 bills proposed in 13 states

: California (1), Connecticut (2), Florida (2), Iowa (1), Kansas (1), Maryland (3),

: California (1), Connecticut (2), Florida (2), Iowa (1), Kansas (1), Maryland (3),

Maine (1), Michigan (3), Nebraska (1), Oklahoma (1), Tennessee (2), Virginia (3), and Wisconsin (1).

Maine (1), Michigan (3), Nebraska (1), Oklahoma (1), Tennessee (2), Virginia (3), and Wisconsin (1).

–

Eight laws passed in six states:  Connecticut (1), Kansas (1), Maine (1), Michigan (2), Virginia (2), and Wisconsin

Eight laws passed in six states:  Connecticut (1), Kansas (1), Maine (1), Michigan (2), Virginia (2), and Wisconsin

(1).

(1).

Food Safety Laws 2014

Food Safety Laws 2014

•

AZ H 2436 (Act 210) – 

AZ H 2436 (Act 210) – 

requires food handler certification meets accreditation

requires food handler certification meets accreditation

criteria

criteria

•

CA A 224 (Act 404) 

CA A 224 (Act 404) 

– requires producers of whole produce, shell eggs or

– requires producers of whole produce, shell eggs or

processed foods from a community-supported agricultural program to comply

processed foods from a community-supported agricultural program to comply

with food safety requirements

with food safety requirements

•

CA A 1252 (Act 556) 

CA A 1252 (Act 556) 

– revises the food handling code to require handwashing

– revises the food handling code to require handwashing

when changing gloves; prohibits persons with open wounds working with food

when changing gloves; prohibits persons with open wounds working with food

•

HI S 326 (Act 106) 

HI S 326 (Act 106) 

– creates task force on food safety guidelines for locally-

– creates task force on food safety guidelines for locally-

farmed products

farmed products

•

LA SCR 94 

LA SCR 94 

– implements a Farm to School Program to assist schools in

– implements a Farm to School Program to assist schools in

procurement of fresh fruits, vegetables, meats and seafoods

procurement of fresh fruits, vegetables, meats and seafoods

•

MN S 2060 (Act 163) 

MN S 2060 (Act 163) 

– relates to farmers’ markets; food safety standards

– relates to farmers’ markets; food safety standards

•

TN S 172 (Act 182) 

TN S 172 (Act 182) 

– enacts the Tennessee retail Food Safety Act

– enacts the Tennessee retail Food Safety Act

•

UT H 176 (Act 327) 

UT H 176 (Act 327) 

– amends the health code related to food handler permits

– amends the health code related to food handler permits

and food safety managers; exempts events hosted by charitable organizations

and food safety managers; exempts events hosted by charitable organizations

Food Safety Modernization

Food Safety Modernization

Act

Act

•

HI H 279

HI H 279

 (failed) – recommends methods to prepare for compliance with

 (failed) – recommends methods to prepare for compliance with

FSMA

FSMA

•

ID HJM 5 

ID HJM 5 

(failed) – urges FDA to suspend imposition of FSMA

(failed) – urges FDA to suspend imposition of FSMA

•

MI H 5336 

MI H 5336 

(pending) – prohibits federal regulation o f food and food

(pending) – prohibits federal regulation o f food and food

producers in the state

producers in the state

•

NH H 1221, 1270, 1273, 1464, 1582, 1583 

NH H 1221, 1270, 1273, 1464, 1582, 1583 

(failed) – declares meat; dairy; ag

(failed) – declares meat; dairy; ag

products;  poultry; apian products produced in the state exempt from FDA

products;  poultry; apian products produced in the state exempt from FDA

FSMA requirements

FSMA requirements

•

ID HJM 7 

ID HJM 7 

(adopted) – opposes the adoption of any water quality std under

(adopted) – opposes the adoption of any water quality std under

FSMA; urges the FDA to suspend rules to implement FSMA

FSMA; urges the FDA to suspend rules to implement FSMA

•

UT HB 365 (2011) 

UT HB 365 (2011) 

– Made it a felony for feds to enforce FSMA in state; State

– Made it a felony for feds to enforce FSMA in state; State

Legislative Attorney stated it was unconstitutional

Legislative Attorney stated it was unconstitutional

Cottage Foods

Cottage Foods

•

"

"

Cottage Foods" refers to foods

Cottage Foods" refers to foods

prepared in a  producer's home

prepared in a  producer's home

kitchen for sale to consumers.

kitchen for sale to consumers.

•

Producers usually sell directly to

Producers usually sell directly to

consumers out of their homes or at

consumers out of their homes or at

farmer's markets.

farmer's markets.

•

Permit sale of ‘non-hazardous’ foods

Permit sale of ‘non-hazardous’ foods

without state oversight if labeled.

without state oversight if labeled.

•

States have consistently introduced

States have consistently introduced

cottage foods legislation since 2009

cottage foods legislation since 2009

.

Cottage Foods

Cottage Foods

22 states permit certain exemptions for small-based

22 states permit certain exemptions for small-based

food production; mostly for non-hazardous foods

food production; mostly for non-hazardous foods

18 bills in 9 States

18 bills in 9 States

•

AL S 159 (Act 180) 

AL S 159 (Act 180) 

– 

– 

exempts certain baked goods and candies; requires

exempts certain baked goods and candies; requires

completion of food safety course

completion of food safety course

•

CA A 1252 (Act 556) 

CA A 1252 (Act 556) 

– 

– 

has language on cottage food operations

has language on cottage food operations

•

HI SCR 97 (adopted) 

HI SCR 97 (adopted) 

– 

– 

creates a cottage food business workgroup of DoH

creates a cottage food business workgroup of DoH

and Industry Representatives

and Industry Representatives

•

IL H 5657 (at Gov) 

IL H 5657 (at Gov) 

– 

– 

addresses labeling of cottage foods

addresses labeling of cottage foods

•

ME S 444 (vetoed) 

ME S 444 (vetoed) 

– exempts homestead foods and raw milk

– exempts homestead foods and raw milk

•

MO S 525 (at Gov) 

MO S 525 (at Gov) 

– exempts cottage food operations

– exempts cottage food operations

•

VA S 176; H 135 (failed) 

VA S 176; H 135 (failed) 

– would include seafood as a Cottage Food

– would include seafood as a Cottage Food

Meat and Poultry

•

IL S 1470 

IL S 1470 

– authorizes the inspection of any establishment with

– authorizes the inspection of any establishment with

adulterated or misbranded meat food product

adulterated or misbranded meat food product

•

IN S 179 

IN S 179 

– allow poultry farms to slaughter & process limited

– allow poultry farms to slaughter & process limited

amount of poultry without inspections under federal regulations;

amount of poultry without inspections under federal regulations;

exempts eggs producers from local regs

exempts eggs producers from local regs

•

ME H 179 

ME H 179 

– exempts certain poultry producers from state

– exempts certain poultry producers from state

inspection requirements; requires labeling

inspection requirements; requires labeling

•

ME H 587 

ME H 587 

– requires mobile poultry processing operations be

– requires mobile poultry processing operations be

licensed by state; permits uninspected poultry to be sold to locally-

licensed by state; permits uninspected poultry to be sold to locally-

owned restaurants and grocers

owned restaurants and grocers

•

NH H 608 

NH H 608 

– allows the sale of uninspected poultry and rabbits to

– allows the sale of uninspected poultry and rabbits to

restaurants

restaurants

•

OK H 1999 

OK H 1999 

-  prohibits the sale or possession of horse meat for

-  prohibits the sale or possession of horse meat for

human consumption

human consumption

•

No bills on 

No bills on 

‘Pink Slime’ 

‘Pink Slime’ 

introduced in 2014

introduced in 2014

Seafood and Fish

Seafood and Fish

Labeling of Seafood and Fish

Labeling of Seafood and Fish

•

Bills introduced 

Bills introduced 

in AL, HI, MD, MA, PA, SC 

in AL, HI, MD, MA, PA, SC 

and

and

 WA

 WA

•

WA H 1200 (Act 290) – 

WA H 1200 (Act 290) – 

creates system for food fish and

creates system for food fish and

shellfish labeling

shellfish labeling

RoadKill Meat

•

CA, TN, TX 

CA, TN, TX 

and 

and 

WA

WA

 prohibit the taking of roadkill for

 prohibit the taking of roadkill for

human consumption

human consumption

19 States allow for Human Comsumption of RoadKill

19 States allow for Human Comsumption of RoadKill

•

AK

AK

 allows the donation of meat to shelters, but not for personal

 allows the donation of meat to shelters, but not for personal

consumption.  

consumption.  

(they don’t want you be hunting by truck)

(they don’t want you be hunting by truck)

•

FL

FL

 requires no permit or check-in: You hit it, you keep it.

 requires no permit or check-in: You hit it, you keep it.

•

GA

GA

 wants you to report a bear but not a deer.

 wants you to report a bear but not a deer.

•

In 

In 

VT,

VT,

 beavers are free, but you’ve got to get a permit to keep a

 beavers are free, but you’ve got to get a permit to keep a

deer.

deer.

•

MT

MT

 requires the carcass be processed at home or in

 requires the carcass be processed at home or in

slaughterhouse.

slaughterhouse.

•

IL

IL

 it is illegal to wantonly waste usable meat (Act. No. 183, 2014).

 it is illegal to wantonly waste usable meat (Act. No. 183, 2014).

Raw Milk

Raw Milk

•

Raw milk is milk that has not

Raw milk is milk that has not

undergone pasteurization or other

undergone pasteurization or other

processing to eliminate pathogens.

processing to eliminate pathogens.

•

The FDA maintains that raw milk is

The FDA maintains that raw milk is

not safe to consume, however

not safe to consume, however

some states have passed

some states have passed

legislation to allow the sale of raw

legislation to allow the sale of raw

milk to consumers.

milk to consumers.

•

Demand for Raw Milk products is

Demand for Raw Milk products is

growing

growing

Raw Milk

Raw Milk

•

64 bills relate to raw milk – introduced

64 bills relate to raw milk – introduced

in 

in 

KS, LA, MA, MD, ME, MI, NC, NE,

KS, LA, MA, MD, ME, MI, NC, NE,

NJ, NY, OK, RI, UT, VT, SD, WI and WV

NJ, NY, OK, RI, UT, VT, SD, WI and WV

•

CA A 1390 (Act 107) 

CA A 1390 (Act 107) 

– exempts goat

– exempts goat

milk from pasteurization

milk from pasteurization

•

IL S 3157 (at Gov) 

IL S 3157 (at Gov) 

– includes milk from

– includes milk from

sheep, water buffalo and other

sheep, water buffalo and other

hooved mammals

hooved mammals

•

ME S 444 

ME S 444 

(vetoed) – exempts

(vetoed) – exempts

homestead foods and raw milk

homestead foods and raw milk

•

NE L 67 

NE L 67 

– amends state milk act

– amends state milk act

•

UT SJR (adopted) 

UT SJR (adopted) 

– studies private

– studies private

sales of raw milk

sales of raw milk

Fruits and Vegetables

Fruits and Vegetables

•

CA S 504 (Act 254) 

CA S 504 (Act 254) 

– quality

– quality

standards for fruits, nuts and

standards for fruits, nuts and

vegetables

vegetables

•

MS H 1328 (enacted)

MS H 1328 (enacted)

 –

 –

provides loans to healthy

provides loans to healthy

food retailers to increase

food retailers to increase

fresh fruits and vegetables

fresh fruits and vegetables

•

VT H 869 (Act 159) 

VT H 869 (Act 159) 

–

–

promotes locally-grown

promotes locally-grown

fruits and vegetables

fruits and vegetables

“Any state public health director who is not

“Any state public health director who is not

fired within 3 years is not worthy of their

fired within 3 years is not worthy of their

job.”

job.”

former director Dr. Bill Schmidt, MO

former director Dr. Bill Schmidt, MO

Doug Farquhar, J.D.

Doug Farquhar, J.D.

National Conference of State

National Conference of State

Legislatures

Legislatures

Doug.farquhar@ncsl.org

Doug.farquhar@ncsl.org