Section III LEGISLATURES and LEGISLATION 1 /Legislative
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Section III t'. LEGISLATURES AND LEGISLATION 1 /Legislative Organization and Services >-; 2. Legislation ; f •../ C»«*ft'Vl'VlV<| **t ^"l T-lTt.! -»l •!-•» " -•tf**<,'.. I-' • . \ W^; •• >. I. '•/ I ••' ./V ^.- <J( .:\ ;/. 0-^^ r •,. 1 Legislative Organization and Serviees (^. STRUCTURE AND PROCEDURES HE citizens of the states through their serve for two.' Shorter terms-^'re the rtile constitutions have vested the supreme. for members of lower^ houses^- in forty- T. law-making power in their legisla three states House members serve for two- tures. They have provided for the popu year terms, and only, in Alabama, Louisi-.. lar election at frequent intervals of those ana, Maryland and MissisMppi do they vvho comprise the legislative bodies.' Ex have four-year terms. cept in Nebraska they have established Legislatures in a quarter of the states two-house" legislatures .in each state. in 1952-53 considered measures to length- ' Beyond these common elements, a very «n legislative terms so as to increase the .wide variety of constitutional provisionSj amount of time the legislator might devote statutory requirements, rules and prece to public business^ to ^reduce the time - dents govern the workings of the state -consumed in running for, re-election and legislatures. Tqgether these determine the. to retain experienced^gislat^s longer. rhany details of legislative structure, or States considering changes for one "Or both ganization and procedure, the purpose of houses were California, Colorado, Illi-, which is to enable the legislatures to carry nois, Kentucky, Michigan, Nebraska,.Ne- out their responsibilities in an orderly and_ _vada. New Yorkj Ohio, Pennsylvania,, effective manner. South Carolina and South Dakota. These '• In size the American state legislatures proposed changes wpiild have increased range from a total of; forty-three members House tergns from ivvo to four vears and in the unicameral Nebraska legislature td * Senate terms correspondingly, except in.. 424 in New Hampshire. The smallest California, Illinois, Kentucky and South bicameral leigislatiire is that of Delaware, Carolina, where Senate terms would have with fifty-two members. ; (See Table 3.) been increased from four to six years. State Senates vary in meH:ibership from .Only in California (to increase House seventeen in Delaware ana?^^ada to terms from two to four years and Senate sixty-seven in Minnesota. The lower teriSs.from four to six) arid Ohio (to in houses differ even more widely—from crease House and. .Senate terms from two thirfy-fiye members in Delaware, a^d less to four years) did thefe proposals receive^ than sixty members each in Idaho, Ne legislative approval. Ti-tjey are to be voted' vada, New Mexico and Wyoming up to on by the; electorates of the two states. ,^ 400 in New Hampshire, 279 in Connecti As indicated.in Table 6, ten legislatures;^,' cut and 246 in Vermont. / meet annually—a significant change since : In all states legislative terms are either 1943, when only four legislatures had of two or four years. State Senators.in annual sessions'. The remaining thirty- thirty-two states serve for four year's;-in eight states hold biennial regular sessions, sixteen states (including- Nebraska) they all but four (Kentucky, Louisiana, Missis- . 95 .. •€) 96 THE BOOK OF THE STATES sippi,and Virginia) in the odd-numbered basis or amount of legislative compensation years." -^ . since the end of World War II. The pr6s- •' . The trend toward annual sessions is con ent range of legislative salaries in the tinuing. Twenty state legislatures in 1952- thirty-one states vyhich compensate on this 53 considered the matter, and four (Kan basi^ is from §200 (in New Hampshire) to sas, Nevv Mexico, Pennsylvania and West $10,000 (in Illinois and New York) per . Virginia) initiated constitutional amend biennium. (Table 2.) ' , ments to provide annual sessions. All of Eighteen states employ a daily pay plan ' these amendments would restrict the even- for legislators, one of them—Oklahoma-^ year session to budgetary and related mat using a combination of daily 'pay and ters, as is the case now in California, Colo biehnial salary. The amounts paid under rado and Maryland. ,. 0 •• ' daily pay plans vary greatly—from S4.00 Table 6 also indicates restrictions on in Tennessee and $5.00 in;Kansas, North length of sessions. Such limitations, on the Dakota and Rhode Island, up to $30 in ^<, regular session exist in thirty-two states Louisiana. As noted below, the Tennessee T^"' and, as noted in the table, take a variety of figure has been raised—to $10 with an forms, both direct and indirect. Several ^additional $5.00 expense allowance—by states utilize the device of the "split ses a cohstitutiohal amendment approved . "• sion" or "recess session" to enable legisla November 3, 1953. tors to study pending proposals in greater As indicated oh Table 2, legislators in a. leisure, to review executive vetoes, or for number of states receive appreciable e.x- other purposes. These states include Ala pense allowances in addition to their sala bama, Califorriia, Georgia, New Jersey. ries or daily pay. In twelve states, this and Wisconsin; The Massachusetts legis allowance is. payable only during days of lature is constitutionally empo\yered to use the session. In some states—Arizona, this device but in practice its sessions are Kansas and North Dakota—th6^ expense not split. Two statesV(Florida and New allowance amounts to more thari the daily . "*- . Mexico) in 1953, of the sixteen which con- pay. The largest monthly or' lump sum "sidered such proposals, initiated constitu- expense allowances are paid in Louisiana tional'amendments to lengthen their ($150 a month when the legislature is not r legislative scissions ^y-. The , New Mexico in session), .Michigan ($2,000 per bien amendment, which also incorporated t|ie nium, in addition to various communica«- annual session feature:, was rejected by the tions expenses) and Penns>^lvania ($3,600 ' . voters in September, 1953. The Florida per biennium).. ': ' ,. amendment, as Well as one initiated by the Thirteen states during 1952-53 either Airkansas legislature in 1953, also would increased compensation of legislators or provide for split sessions.' initiated amendments looking toward the : • V There is general agreem.ent that com same objective. As this is written, action - pensation of state legislators has-been and to increase pay l^as been completed in in most states cohtinues to be too low. It eight states: Colorado, Louisiana, Maine, r has been widely recommended,, as in ihe. Massachusetts, Minnesota, New Me.xicb, report of the Council of State Govern Tennessee and Vermont. In addition, in- . ments' Committee on Legislative Processes creased compensation for Michigan legis and •Procedures in 1946 and 1948, that lators took effect Janiiary 1, 1953. In four; legislative compensation should be in other states—Arkansas, Florida, Te.xas creased, and also that annual salaries and West Vii"ginia—the legislatures have rather than daily pay plans should be em initiatecj^onstitutionaramendments which ployed. In both respects, there have beeh have yet to be approved by the elector extensive changes in recent years. In 1^3 ates. In South Carolina,'a bill passed by,,," . less than half of the states employed the the House is on the Senate calendar for salary plan; at present, thirty-one states consideration in 1954. The Tennessee use it, and there is pending in Florida a proposal already approved, as well as constitutional amendment which would one in Oregon still pending, would en- « add that state to the group/.. More than able subsequent^ changes by statutory: two-thirds of the states have changed the" action. In the final weeks of 1953, a special :< LEGISLATURES AND LEGISLATION 97 session in New Jersey was considering a and 15 each'in Alab^ia, Arizona, Mary basit -legislative pay'increasc from $3,000 land and Rhode Island, up to 63 in to S5,000ayear. ./. Georgia, 60 in Missouri and 56 in Arkan Much of the work of the legislative ses sas. Senate standing committees (again sions is done by standing committees. For, excluding states which rely chiefly on joint a number of years it has been felt .widely committees) range from 10 in Wisconsin that most legislative bodies have too niany and 13 in Ohio up to 46 in Mississippi and committees to "permit most efficient con 40 in Florida. In several states, notably duct of committee work. The results in- in New England, joint standing commit ^ elude conflicts ' of corhn^ttee meetings, tees carry on all or a major share of referral inadequate advance notice and publicity work. These include Connecticut with 32 of hearings, and "the assignment of indi •joint committees, Massachusetts with 31, vidual legislators to more committees than , Maine with 23, and New Jersey with 16. they can serve effectively. There have There is correspondingly great varia been several instances of consolidation of tion as regards committee assignments. standing^^ committees in recent years; the ^ House members in eleven states serve on trend is toward fewer committees and an average of only one or two committees; , fewer committee assignments for indi this figure mounts to 10 committees in vidual legislators. A recent survey by ' Georgia and. Tennessee, and 11 or 12 in the Counieil of State Governments re-" North Cai-olina. Senators in Indiana, vealefl that reductions in comniittees were Maine, and Rhode Island serve on an made in sixteen states during 1949-53, average of two committees; in Kentucky as follows; Alabama (House jLOmmittees and New Jersey onl2, and in Tennessee oh reducedfrom 20. to 15), Arkansas (Senate 14. (See Table 7.) - .\ . • . •; . committees from 54 to 21), ' Colorado The rules of legislative bodies, ordi-. (House committees from 40 to 16, Senate . harily adopted at the beginning of each from 30.to 20), Iowa (House committees session, are the basis for the orderly dis from 54 to 38),,Kansas (Senate commUtees charge of business.