Section III
t'. LEGISLATURES AND LEGISLATION
1 /Legislative Organization and Services >-; 2. Legislation ; f •../
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;/. 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. They govern all phases from 43 to 29), Kentucky (House com of legislative procedure; they are the means mittees from 71 to 44), Maine (joint stand by which the legislature is enabled to ing committees from 41 to 23), Maryland handle its large yplume of" work expedi (House aiid Senate committees eacli" re tiously while at the same time safeguarding duced from 35 to 15), Nevada (House the rights of legislative minorities. For committees from 44 to 29, Senate from these reasons students of the legislative 28 to 20), North Carolina (Senate from process have suggested that arrangements ' .52 to 28), Ohio (Senate from 19 to 13), be made for regular-review of the rules. Oregon (House from 37 to 22, Senate from . According to a recent survey by the 31 to 21), Pennsylvania (House from .41 Council. of State Governments, fourteen to 3^1, Senate from 30 to 21),' South states have made arrangements of this sort ' Carolina (House from 24 to 8), South —Arkansas, California,. Florida, Idaho, Dakota (Senate from 51 to 27), and small Iowa, Michigan, Minnesota, Nebraska, decreases in- Wyoming Senate comrnittees. New Jersey, North Dakota, Pennsylvania, In Illinois, whg-e House committees were South Dakota, Vermont and Virginia. .consolidated extensively^ in 1947, further The use of mechaftical and other tech- reductions were' made in 1951 when a^ nological'devices to expedite and improve : Joint Visitation Committee replaced three the work of legislatures has increased in visiting committees in each house. There recent years. The electric roll call ma were a very few increases in the number chine, in particular, has been a means of of standing committees between 1949 and conservmg much valuable legislative tigie. 1953, and for the most part the changes Between 1917 (when the first such machine were slight. ^ - was installed in. the Wisconsin Assembly) The number of House standing com and 1943, a total of thirteen machines was mittees (excluding states where the major installed in eleven states. Since^that time, share of referral work is done by joint com an additional thirteen machines have been mittees) ranges from 8 in South Carolina installed and new installations currently:. ; y^\:- y *-^ 98 THE BOOK OF THE STATES are aiuthorized for the Ohio House, and a few, including Delaware, Maryland and , Arkinshs and California Senates. (See New Mexico, no constitutional provision- Tab%H:) relates to subsequent reapportionment.. , Usc' of radio and television broadcasting In the great majority of states, the legis .in conjunction with state legislative sessions lature is the agency di?signated by the • • and coiiiiiiittee hearings still appears to be constitution to reapportion. In most cases in theex'perimental stage. A sizeable num the legislatures enjoy this pdwer exclu ber .of states have used those techniques, sively. Five states, however,, have provided particularly on special occasions, such as alternative procedures in the event the addresses by the Governors to joint sessio^ legislature does not act:.California (by a SystemaitiC coverage, however, has been Reapportionment Commission which in . confined to a few states: in Illinois, legisla- cludes five state officials, ex offici9); Mich , tive sessions were broadcast once a week on igan (by the State Board of Canvdssers, a trial basis in 1953; tape recordings of de who may rieapportion the House only); bates and daily sessions in Arkansas are Oregon (by the Secretary of State); South ^ bipadca§t frequently; once-a week a ses Dakota (by a board of five state officialsj sion pf the Okl^hofma legislature was tele- ex officio); and Texas (by the Legislative Ccist during 10'51, but the arrarj^ement was . Redistrict^g Board, which includes five nijt reppatiedttn 1953. state officials, ex officio)., Oregon was ad Of inqreasing popularity in recent years ded to this group of states by an initiative h iye been orientation conferences for legis- m,easure approved by the electorate No latorsr-organized •opportunities, ieither be- vember 4, 1952. Colorado and Illinois fci'e..,{he sassibn or early in it, to enable voters in 1954 will consider amendments k gislatprs to become acquainted witlfeach which would make similar arrangements in b:her'and' with parliamentary rules and those states. procedures, to obtain guidance as to sources Another group of four states has placed of miormation and assistance, and—in the the reapportioning power in non-legislative conferences held in some states—to become hands. Arizona, which makes no provision . more familiar with the problems and opera for Senate reapportionment, places re tions of the state government. Eleven states sponsibility for redistricting the House in conduct such conferences, in advance of the the County Boards of Supervisors. Arkansas legislative session—Arizona, Arkansas, Flo redistricts through a Board of Apportion rida, Kentucky, Louisiana, Nebraska, New ment (Governor, Secretary of State, arid Mexico, Oklahoma, Washington, Wis Attorney General). Missouri's House is consin and Wyoming. In seventeen other reapportioned by the'Secretary of State states, conferences for legislators are held and local governing bodies, the Senate by after the session has opened; in some of a commission appointed by the Governor. these states the. conferences are either And Ohio redistricts by action of the. highly informal discussions (as in Califor Governor, Auditor and Secretary of State. nia and West Virginia) or are held as a As indicated in Table 12, all nine states matter of political party practice (as in employing non-legislative boards in con Pennsylvania and Rhode, Island). Legis junction with reapportionment actually lative leaders, clerks and-service agencies have reapportioned between 1951 and frequently participate in orientation con 1954. Among.the thirty-nine states.which ferences; in some-states, state university do not employ this method, thirteen states, and law school faculty play an.active part. have had their most recent, reapportion Apportionment, is one of *the major ments in the 1950's,twelve in the 1940's, ; problems of state government. As indi five in the 1930's, three in the 1920's, four cated on Table 12, provisions relating to it in the period from 1900 to 1920, and two ^'appear in the constitution of every state. In priorto 1900, .1. LEGISLATURES AND LEGISLATION \ , 99 pFFICIAL NAMES OF LEGISLATIVE BODIES AND CAPITOL BUILDINGS Capitol Slate Both Bodies Senate- ' House Buildine •< ' . 1 ] • " • 4 Alabama, State of Legislature Senate House of Representatives State Capitol"* Arizona, State of Legislature - Senate , House of Representatives State House(a) Arkansas, State of . General Assembly Senate House of Representatives State Capitol California, State of Legislature • Senate Assembly State Capitol Colorado, St^te of General Assembly . Senate House of Representatives State Capitol Connecticut, State of General Assembly Senate House of Representatives' State Capitol Delaware, State of... General Assembly . Senate House of Representatives State House Florida, State of Legislature. Senate House of Representatives State Capitol Georgia, State of General Assembly Senate House of Representatives' State Capitol Idaho, State of Legislature Senate House of Representatives State Capitol Illinois, State of ,..-:..... ,General.Assembly Senate House of Representatives State Capitol .'Indiana,, State of .'^" General Assembly • Senate House of Representatives (b) Iowa, State of ••.. General Assembly Senate House of Representatives State Capitol Kansas, State of Legislature Senate House of Representatives State'House(a) Kentucky, Commonwealth of... General-Assembly Senate House of Representatives State Capitol Louisiana, State of Legislature Senate House of Representatives State Capitol Maine, State of Legislature Senate . House of Representatives State House Maryland, State of General Assembly Senate House of Delegates State House Massachusetts, Common- ^^ wealth of Ge^neral Court Senate House of RepreSwitatives State House Michigan, State of Legislature Senate House of Representatives, State Capitol Minnesota, State of;...-.. Legislature SeHite House of Representatives State Capitol Mississippi, State of... Legislature Senate House of Representatives State Capitol • Missouri, State of.... .-. General Assembly Senate House of Representatives State Capitol . Montana, State of. . . . ;t.;...... • Legislative .Vsserably Senate House of Representatives State Capitol Nebraska, State of Legislature Unicameral State Capitol Nevada, State of...'....' Legislature - . Senate .Assembly State Capitol Nfew HampshirCi State of General Court Senate House of Representatives State House . New Jersey, State of;...'. • Legislature Senate General Assembly State House New Mexico, State of ISsgislature Senate ' House of Representatives . State Capitol New York, State of r Legislature Seriate Assembly State Capitol - North Carolina, State of General Assembly Senate House of Representatives . State Capitol , North Dakota, St^te of Legislative Assembly Senate House of Representatives State Capitol Ohio, State of .' General Assembly Senate House of Representatives State House(a) Oklahoma, State of i Legislature Senate . House of Representatives State Capitol Oregon. State of : Legislative Assembly Senate House of Representatives State Capitol Pennsylvania, Common wealth' of General Assembly . Senate House of Representatives State Capitol Rhod^ Island and Providence ' Plantations, State of General .Assembly Senate l^Ibuse of Representatives State House South Carolina, State of.... General Assembly Senate House of Represjentatives State House South Dakota, State of ...... Legislature Senate House of Representatives State Capitol Tennessee, State of...... General Assembly Senate . House of Representatives State Capitol ' * . • • ' • - • - , Texas,. State of .....:. Legislature ' Senate House of Representatives State Capitol (a) Utah, State of ,L.egislature Senate House of Representatives State Capitol Vermont, State of General Assembly Senate ' House of Representatives State House Virginia, Commonwealth, of...;. peneral Assembly . Senate House of Delegates ' State Capitol Washington, State of.... Legislature Senate House of Representatives Legislative Building West Virginia, State of.,....;.,. Legislature Senate flouse of DeJeg^tes State Capitol Wisconsin, State of Legislature Senate • Assembly State Capitol Wyoming, State of Legislature . Senat* House of Representatives State Capitol Alaska, Territory of .... Legislature S<;nate . House of Representatives Federal & Ter ritorial Bldg. Guam •.....:...... ; Legislature Unicameral' •. • Congress • • - I- • . ' • . • " • Building Hawaii, Territory of Territorial L.egislature Senate House of Representatives lolani Palace Puerto Rico, Commonwealth of . .Legislative Assembly Senate House of Representatives .Capitol of Puerto Rico Virgin Islands, Territory of .. Legislative Assembly Unicameral Municipal • • . . of the V.L Bldg. '^ •" (a) UnofBcJal. • (b) No official. name. Both "State House" and "State Capitol" used. "Mf SALARIES AND COMPENSATION OF LEGISLATORS SALARY AND DAILY PAY PLANS ADDITIONAL COMPENSATION FOR LEGISLATORS ~\ r- Regular Session Special Session Salary Daily Pay Sghn . Plan •• : ^-^ » "^ » Amount Travel Allowance . Limit on of salary Limit Salary JDate , .Amount no. of calculated A mount on no. is . salary AmoitHt ' Additional expense per days of of pay of days • fixed estab- per allowances ^ ^ ' ' State day pay bienntum per day •of pay •by lished mile Number of trips • during session T' Alabama... $10 36 L (w) $10 36 L Const. 1946 10c .One round trip $10 per day (w) ' • Arizona.... s 60C{a) 8 . 20 C Const. 1932 20c " One vyay ' $17 per day (b) ' Arkansas... S 1.20 0 6 . 15 C Const. 1946 5c One round trip None California.. ^ 7. 200 Const. 1949 Sc(c) . . $14 per day; extra allowances for committee members (c) •. T| Colorado.... 3.600(d) Stat. 1953 (e) ,One round trip o $20 per day Connecticut. 600 Const. 1946 10c ( None • • • V Delaware... 2,000. Stat. 1949 10c . . • • None Florida 10 60 0. 10 20 C Const. 1948 7^c Four round trips (f) . $7.50 per day Georgia. 10 70 C 10 (x) Const. 1945 10c One round trip $5 per day • . ' Idaho... 10 60 C 10 20 C • Const. 1946 10c One round trip Additional $5 a day for maximum of 60 days for o committee members . o Illinois... 10,000 Stat. 1951 10c Once a week $50 per biennium '. Indiana. 2,400 Stat. 1943 20c One round trip $10 per day (g) ' ^ Iowa.:. . 2,000 20 None Stat. 1949 5c One round trip None ,^ \^^ Kansas.. 60 L 5' 30 L Const. 1949 15c One round trip $7 per day . "^ ^<*5 & Stat. . Kentucky. 25' 60 L 25 Noiie •Stat. 1950 J5c $50 inlieu of stationery Louisiana. 30(h) 60 C 30 30 C Stat. 1952 10c Three round trips (i) $150 per monthly while legislature not ih session Maine 1,000 10 None Stat. 1953 Sc .One round trip per week Small allowance for postage, telephone, etc. Maryland. . . : . 3,600 . Const. 1946 20c(j) ' ..•••• $800 per biennium »7, Massachusetts. 9.000 (li) None Stat. . 1951 7c(l) Each day (1) $800 per biennium; weekly expense allowance according to distance from capitol (1) Michigan.. . . ; 5,800 Stat. . 1953 lOc Round trip per month -'$2,000 per biennium; plus allowance for postage, telephone and telegraph • Minnesota. 3,000 10 None Stat. 1951 15c House S800 per 'biennium; Sen£rte $900 per biennium (g) Mississippi 2,000 15 None Stat. 10c One round trip '. 6c a mile, one extra round trip each 7 days Missouri 3,000 Const. 194.5 lOc One round trip $10 per day Montana. 10 . 60 G "io .60 C Stat. 1895 7c •. None Nebraska. Const. 1934 6c ^ One round trip $100 postage allowance & Stat. • Nevada 15 60 C IS 20 C Stat. 1945 7>2c Daily commuting (m) $60 for postage, etc. (m) New Harhpshire. 200 3 15„C- -Const. (II) Rate-distance ratio (n) None &Stat. New Jersey; 6,000 Const. 1948 State railroad pass None . . & Stat. ~> ^ New Mexico. 10 (y) 60 C 10 30 C Const. 1944 10c Round trip iier session Free stationery, postage, telephone and telegraph serwces New York... 10,000 Const. 1948 (c) Round trip per weelc None ScSjat. North Carolina. 15 90 0 15 25 C Const. 1950 Nfone None North Dakota.. 5 60 L 5 None COBSt. 1889 10c One round trip $lO per day Ohio...;.. 6.400 Stat. 1951 10c Round trip per week Postage and stationery Oklahoma 15 75 C 2,150(o) ... Const. 1948 10c One round trip Postage and stationery Oregon 1,200 Const. 1950 10c ...... Postage, stationery and shipping legis. supplies Pennsylvania... 3.000 (D) (P) Stat. 1937 5c Round trip per week $3,600 per bietinium ••-••(? Rhode Island... 60 L(a) 5 None Const, 1900 8c None So>'th Carolina. 2.000 (u) Stat. • 5c Round tcip per week . None • .' • South Dakota.. 1,050 10 None Stat. 1947 Sc ., None ' , . Tennessee..., . 4(z)' 75. C 4 20 0 Const. 1870 16c ; .' None Texas.. 10(q) 120 C 10 30 O . Const. 1930 10c ;..... Small expense allowance determined at session Utah... 1.000 Const.- 1951 10c One round trip . $5 per day &9*at. Vermont l,250(r) Stat. 1953 . 20c One round trip None Virfiinia 1.080 (8) (3) Stat. 1948 10c One rfund trip None Washington.. 2,400 10 Stat. 1949' 10c' One round trip None" West Virginia. 1, Const. . 1920 10c One round trip , None Wisconsin.... 4.8 Stat. 1949 10c One r6und trip (t) Mileage (t) Wyoming. . !., 12 40 C 12 None Stat." 1941 8c One round trip $6 per day Alaska...• . ; 15 60 C IS 30C Organic 1942; 15c $20 per day Act, . 1949 Amend & Stat. ^ Guam IS 60C . . IS None Organic 1950 None V-^- Act Hawaii. 1,000 (u) Organic 1931; 20c One round trip .(V) Act, 1949 Amend &Stat. Puerto Rico... 6,000 10 Stat. 1948 lOc Round trip per week $15 per day; $200 for telephone .calls; $100 for. postage; $100 £or statioriery Virgin Islands. 3,600 ...' Stat." $10 per calendar/day • . L—Legislative days; C—Calendar days.' (m) 7i^c a day for daily commuting or $8 per day if living.in capit.-il. (a) Annual sessions. • ~\, 1 I 102 THE BOOK OF THE STATES THE LEGISLATORS Numbers, Terms, and Party' Affiliations ^s of 1953 .- ^ Total r '• Senate ^ / : House —^ Number - , • pimo- Repub- Demo- Repub- ofLegis- __ . State crats licans Other Total . Term ' crats licans Other Totfl • Term lators Alabama...... ; 35 ;. . ..; 35 4 105 1 ' . :: ' 106 4 141 Arizona.. 15 4 ... 19 2 50 30 ' .. 80 2 ^99 1 Arkansas...:... 35 ...... 35 4 97 3 . .. 100 2 135 California...... 11 29 ... 40 4 26 54 .. 80 2 120 Colorado 12 23 ... 35 4. 20 45 .,. 65 2 100" Connecticut.... 14 22 .. 36 2 58 221 .. , 279 2 ' 315 Delaware 7-10 17. 4 17 18 .. • 35 2 52 Florida : • •; • • 37 ; l' .. 38 4 90 5 .. 95 2 133 Georgia '...;...... 53 ' 1 .. 54 • 2 202 3 .. '--205 2 259 Idaho... ;.....> 11 33 .. 44 2 14 45 .. .59 2 103 Illinois. • 13 38«-- 51 4 67 86 .. 153 2- 204 Indiana .i ..-...; 10 «-- 40 .. 50 4 19 81 .. 100 2 150 Iowa...... 4' 46 .. 50 . 4 3 105 .. 108 -2 158 Kansas... 5 35 40 4 20 105 ..125 2 165 Kentucky...... ;...... 29 , 9 - 38 4 79 21 ..100 2 -^-138; Louisiana.... 39 .... 39 4 100 .. .. 100 4 139 Maine...;... 2 31 . 33 2 24 126 "(a) .151 • 2 184 Maryland /18 11 .. 29 4 88 35 123~~^ . 4 152 Massachusetts • " 15 25 .. 40 2 IIA, 122 (b) 240 2 280 Michigan..: 8 24 .. 32 2 3¥^ 66 .. . lOO 2 132 -\ •'. • , ••. , . • • .. , .. ^ •,- • ' Minnesota Nonpolitical election 67 67 4 'Nonpolitical election 131 134 . 2 198 Mississippi 49 .. .. 49 4 140 .. .. 140 4 189 Missouri 18 16 ... 34 4 72 8^ .. 157 .,2 :> 191 Montana 20 36 • .. 56 4 32 62. .. 94 2 150 ' -^ • .. Nebraska ...'.. Nonpolitical election. L'nicameral Legislature, 2 year term .43 Nevada.. 5 12 .. 17 4- 29 18 .. 47 2 64 New Hampshire.....-...... "-va 6 18 . .. 24 2 122 276 2 ' 400 2 424 New Jersey;...... -... 4 17 ..21 4 .17 .43 .. 60 2 81 ••• " •. • • • i.i •- . - . ••".•••••. New Mexico '... .22 9 .. 31(d) 4 27 28 .. 55 • 2 86- New York .r. 19 37 .. 56 2 • 52 98 .. ISO 2 20 V • •..-,•• • ' - . Texas 31 ..; .. 31 4 150 . .. .. 150 2 181 Utah...... 8 15 ..' 23 4 21 39 .. 60 • 2 > 83 .Vermont :.... 1 29 VETO Days after Fate of Bill •which Bill • —after Adjournment—, Becomes Days after:. Days after Law {before which Bill which Bill Adjourn- ' Pusses Dies Votes Required menl) unless • unless ^unless I tern.Veto in House and Constitution Prohibits Vetoed • Vetoed •' ' Higned on Appro Senate to Pass Bills ^-Governor from Vetoing- {Sundays {Sundays • {Sundays priation or Items Initiated Referred State excepted) -excepted) excepted) Bills Oyer Veto{a.) M<;as'ures Measures Alabama 6 10 •k Majority elected (b). (b) .Arizona...... 5 .. . 10 ^ . .. ir Two-thirds ejected (c) • -k • Arkansas...... 5 20(d) ir Majority elected -jlr • California 10 .. -, 30 •ic Two-thirds elected * • Colorado...... 10(d) 30(d) .. •k Two-thirdselected ir • Connecticut.... 5(e) 15(dS .. •k - Majority present (b) (b) Delaware : 10 30(d) . k Three-fifths elected (b) (b) Florida...... 5 ,:\ •'•. 10(d) k Two-thirds present (b) (W Georgia.(f)....., . 30 ,. (g) "„ •*• Two-thirds elected (h) Idaho 5 10 k . Two-thirds present minois 10-10 k Two-thirdselected (b) (b)- Indiana...... 3 5(d,i) . .. ' Majority elected (b) (b) Iowa 3 . (j) , 30 Two-thirds elected ... Kansas 3 (k) .-. 1^ Two-thirds elected (b) (b) Kentucky ... 10 10(d) k Majority elected Louisiana...... 10(d,l) 20(d) : .. k Two-thirds elected (b) (b) Maine ; ' 5j - . • _ • . (a) Bill returned to house of origin with objections, except after adjournment, or dying because of pocket veto after in Georgia, where Governor need not state objections, and • adjournment, to be returned to the legislature when it in Kansas, where all bills are returned-to House; next convenes, for a vote on oveirCding the veto.' (b) No provision for initiative or referendum in state. (p) Within 6 days (in Hawaii 10.days) after presentation to (c) Three-fourths in case of an emergency measure. the Governor, regardless, of how long after adjournment. Cd) Sundays not excepted unless last day is Sunday. • (q) Within 5 days of receipt by Governor. In practice general (e) Sundays and legal holidays excepted. • Coiirt not prorogued until Governor has acted^on all bills. (f) New constitution, passed by General Assembly, withholds (r) If Governor does not return bill in 15 days, a joint resolu-. . right to veto constitutional amendments. tion is necessary for bill to become law. (g),. Unsigned bills do not become laws after adjournment. . '(s) Governor must file his objections with Secretary of State. (h) No provision for initiative instate. . . (t) Governor may not veto items in budget submitted by him (i) Bill becomes law if not filed with objections with Secretary self after it has passed legislature with three4fifths vote. .of State within five days after adjournment. (u) If house of origin is in temporary adjournment on 10th day, (j) Sundays not excepted. g becomes law on day house of origin reconvenes unless re (k) In practice, the legislature closes'consideration of bills turned by Governor on that day. Governor has power of three days before adj'ournment sine die. veto after repassage of bills in amended form with condi- . (1) Governor has 10 days (in Wisconsin 6 days) from time bill tion bill must be approved in 10 days or pocket veto. was presented to him in which to approve or disapprove, (v) No veto; bill becomes law 30 davs after adjournment of (m) Bill passed "in one session. becomes law if not returned session unless otherwise expressly directed. within 2 days (Maine and Mississippi 3) after reconvening. Cw) Also may veto items in new bills declaring an emergency* (n) Constitution provides that Governor may veto initiated (x) Including majority elected. measures and if legislature sustains veto, measure is re (y) May veto items in any bill containing items or sections. ferred to vote of people at next general election. (z) Budget (appropriation) bill hot submitted to Governor (o) 1950 Constitutional amendment requires any bill vetoed after passage. -, : ' 104 'THE BOOK OF THE STATES '"''.[ LEGISLATIVE PROCEDURE: BILL INTRODUCTION AND REFERENCE Conditions under -which time limits are waived * Forcer- At re- By vote Pre-ses-, Pre- Bills' referred, to Must Time limit tain bills quest of sion bill-session committee report for or com- of legis- drafting .bill >._ :_ all Stale introduction mil tees Governor lature service filing House Senate bills. Alabama Xone '\'es(a) No , Speaker Pres. No , Arizona...... ,.. (b) X Ves(a) Xo Speaker Pres. r No Arkansas. Until- last 3 days Yes X'o Speaker Pres. Yes ! <:aIifornia.. 30 days(c) . ;. Yes (a) .Xo Speaker Rules Yes(d) Comm. Colorado ' iXone Yes(a) Xo Speaker Pres. Yes(d) Connecticut. . .. Set by joint rule Yes (a) Yes Speaker Pres. No Delaware...'...-. . Set by joint Yes (a) Xo Speaker P.O. No I resolution > Florida ;.. Set by rule X X Yes .Xo Speaker -Pres.. No- > • i Georgia None • .. Yes •Xd Speaker • Pres. 'No I • • Idaho ;. 30 days X Xo • No Speaker Pres, Yes I -Illinois Set by rule(e) .T- Yes (a) No .Speaker Bills Conim. No Ilouse—Apr. 14 , Indiana...;..'... House—30 days ,. X . Yes No Speaker Pres.. No Senate—33 days . I- ,*" Iowa.., Set by rule X No . N'o Speaker Pres. No I Kansas By resolution Yes (a) No . Speaker" Prps.. Yes Kentucky Xone \.. YesCa) No. Speaker '.Coimm.on No ' Conims. Louisiana..../.. 21 days(0 .. X Yes No Speaker Pres. Yes I Maine Fixed at each sess, X X Ye3(a) No(v) Joint Comni.(g) No Maryland . .Odd years, first 80 ... X 'V'es(a) .No Speaker Pres. Noi • days; even, first '20 days Massachusetts.. First Wed. of Dec. X X Yes (a) Yes(ab) Clerk(zJ eierk(z) Yes preceding session .Michigan .-.. Set by rule • , X .Yes(a) Yes(ac) Speaker. Pres, Xo Minnesota .. Until last 20 days(h);-v X Yes X''p • Speaker Pres. No Mississippi .. None last 3 days(i) ' • .'. •Yes • No Speaker Pres. Yes' Missouri. O0,days(j) X X X YesCa) No Speaker Pres. Yes Montana House—40 days X X Xo Xo Speaker Pres. • Yes Senate—30 days Nebraska...... 20 legis. days X X X Yes(k) Yesfad) Reference Comm.(aa) : "No Nevada None in Senate X X Yes No • Members ' Members Yes New Hampshire. (1) - X X Yes(k) Yes Speaker : Pres. Yes New Jersey...i?.. First 6 weeks(m) X Yes(a) -No • Speaker Pres. . No • New Mexico..... First 45 days(j) • X X Yes (a) No Speaker Pres.- No New York...... Fi'xed at each sess. • X X X Yes(k) Xo(ad) Speaker Pres. pro No tern 4 A •\: Ki. f . LEGISLATURES AND LEGISLATION ' .105 LEGISLATIVE PROCEDURE: BILL INTRODUCTIO>i^AND REFERENCE . Conditions under which time limits are waived ' •^- '• :^ ^ < ' i-v • Forcer- At re- Byvote Pre-ses- Pre-, Bills referred to. Must Time limit lain bills quest of sion bill- session committee .' report JOT • or Com- of legis-drafting bill r^—— •'• all Slate introduction. mittees Governor laliire service filing' House Senate bills North Carolina.. By. resolution Yes (a) No Speaker Pres.. Yes North Dakota.^, 25 days(n) X X Yes . No(o) Speaker Pres.' Yes J Ohio..; Joint Rule Yes(a) No Ref. Majority No Comm. leader Olclahoma..... •None(y) Yes No Speaker Pres. »--- No Oregon...... Set by rule X Yes No P. p. P.O. Yes Pennsylvania. Fixed at each .sess. X(p) •Yes(a) No Speaker P. O. ^ No House only Rhode Island.. 42 Legis. days ( Texas...- 30 days(s) X X" Ye"s(t) -No Speaker pres. No Utah... 40 days X • No(u) No •• Speaker Pres. Yes Vermbnt 4 weeks X YesCa) Yt's(ad) Speaker Pre^,- . No Virginia. By'resolution Yes(a) No Speaker i'res. No Washington None last 10 days X Yes (a) No Speaker Pres. No West Virginia... None(w) X Yes(x) • Yes(ad) Speaker Pres. No Wisconsin... Set by rule * X Yes(a) N6(v) Speaker P.P. Yes Wyoming...... Set by rule X No ,No . Speaker ;l?re3. Yes Alaska...-. 45 days(ae) • X Yes No Speaker Pres. No Guam None Yes No Conini. on Rules No Hawaii -. By resolution • X Yes No Speaker Pres. Yes Puerto Rico..... None Yes . No •... Pres. Pres. No Virgin Islands... None No Yes Coniin. of the Whole P. O.—Presiding Officer. (o) Bills, processed by l-egislative Research Committee and (.i) Continuous service. Buil.get BoiU'd printed in advance of session. (b) In the Senate no bills may be introduced after the fiftieth (P) No limits in Senate. day except by two-thirda vote. (0) One day's notice with reading of title and brief explana (c) In general session; thereafter by. three-fourths vote each tion of measure. member may introduce not more than two bills. No time (r) Bills may be forced out by majority vote after 7 days in limit in budget session. committee. • (d) In practice, those not acted upon reported back last day of (8) Unless changed by four-fifths vote of membership of each . session without recommendation. house; (customarily changed to sixty, days at begmning of (e) Two exceptions: bills may be introduced on any Tuesday; session by resolution). .. or by standing committees. . Theoretically, but not as matter of practice. (f) Emergency bills may belntroduced later by a yea^and nay (u) Legislative Council has authority to assist., • '. vote of two-thirds of the members, elected; 30 tlays for (V) No official irrangjjment for pre-scssion filinK, assignment of propositions to amend the constitution. . • bill number, etc. but to a limited extent bills are tiled in (g) Composed of President of Senate, Siieaker of House, one. advance of session. Senate member, and two House members. • (w) None until fiftieth day, then by concurrent resolution. (h) Except on written request of the Governor. (X) House only. • (i). No appropriation or revenue bills may be passed dur (y> No revenue bills may be passed during last five days. ing last five days. • M Subject to approval of presiding officer; • (j) Except general appropriatio.n bill and certain other ex (aa) Unicameral legislature. . . ceptions." - (ab) Required. (k) Established month prior to session. (ac) Pre-session filing permitted at second session of biennium, (1) None after third Tuesday of session except by two-thirds not at first session. . . •. . , : .• .. , . vote unless reported by Committee on Pfules. (ad) Permitted but engaged in to limited extent. (m) Thereafter accepted only upon written consent of the ma (ae) >fo bills niay be introduced after 45th calendar day without jority of the Committee on' Introduction of Bills. consent of two-thirds of members of house in which bill is (n) Except by approval of majority of committee on delayed introduced, except for general appropriation, bills whfch . bills or two-thirds vote. may/be introduced not Jater than 5Sth day. " LEGISLATIVE SESSIONS Limitations Special Sessions Yrars in on Leniith LenRth 1 which Sessions Conrpie of Sessions. ' of Last • legislature may •sessioiis Regular Legislature determine sub • stale arc held Month /Jay, ReRular Special Session (a) may call ject Alabama...".. Odd . May 1st Tucs. (b) . 36 L .S6 L. .36 L. No . ^ 2/3 vote those present Arizona, . . Annual Jan. 2nd. Mon. • 60 C(c^ 20 C(c) 70 C • Petition 2/3 members Yes .Arkansas.... . Odd Jan. 2nd Mon. 60 C ISC(d) , • 60 C No (d) California.. . . Annual (e) Jan. Odd-Mon. after Jan. 1 120.C None . 120 C • No •~ -^ 'No ,. Mar. Ev'en-lst. Moa. . 3D C None Colorado...... •\nnual (e) Jan. Wed. after 1 St Tues. 120 Cfc) None . «1 C .No .No Connecticut.. Odd ' Jan. Wed. after 1st Mon. 150 C(f) .N'one 74 L Yes • Yes Delaware.... . Odd Jan. l.st Tues. None 30(c) , 187 C ? . .No .Yes - •• Florida... Odd • Apr. Tues. after 1st Mon. 60 C - 20 C 60 C ' No • . 2/3 vote . ' . Georgia...... Odd Jan: 2nd Mon. . . 75 Cdi) (K)' " • ' 70 C(a) Petition 3/5 members (i) No Idaho Odd Jan; Mon. after Jan. 1 ' 60 C(c)- 20 C . 61 C ^ No • No • .Illinois,. Odd Jan. AVetl. after 1st. Mon. None (j) None 68 L No No Indiana.. Odd Jan. Tliura. after 1st Mon. -61.C 40.C 61 C No . Yes Iowa 0>dd. Jan. 2nd Mon. None (k) , None 106 C . A"o '\'-6s Kansas. •... Qdd Jan., .2nd Tues. 60 L(c) 30 L(c): 58 L No . - . . - Yes Kentucliy. Even Jan. Tue.s.,after 1st Mon. - 60 L None 60 L No ^ ". • No Louisiana. Eveii May . 2nd Mon. 60 C 30 C 60 C • Petition'2/3 members. -•vNo (1) _^ Maine. Odd . Jan. 1st Wed. None None ?6iL : No . 'Yes. . • • • o Maryland. .•\nnual(e) Jan.. . Od(Ulst Wed. . 'JO C 30 C 90 C . , . J^-'o Yes a\ . Feb. , Even-Ist .Wed. 30 C Massachusetts..'.... .Annual Jan. 1st Wed, None None' 179 C Yes- Yes Michigan' Annual Jan. 2ud Wed,'' None None.' 86 L • No . No Minnesota...... Odd Jan. Tue.^. after 1st Mon. 00 L None. H-7.rL No •^'es • , 'S-79 L- Mississippi. •:•. T"h'- • • • Even Jan. Tues.safter 1st Mon. . None •None 71 L !• No No Missouri. ':•.'•. .;..... Odd • Jan. Wed. after Jan. 1 • 150 C(m) 60 C 145 C No No Montana..-. Odd Jan. 1st Mon. '. 60 C 60 C(c) 60 C . No No Nebraska..'...!..... Odd' Jan. 1st Tues. .None .' None 113 L •Petition 2/3 menibers- No Nevada Odd : Jan. • 3rd Mon. 60 C 20 C 63 L No A No , ' New Hampshire.-... Odd Jan. l.st Wed. . None 15 C(c) 11-71 L .Yes Yes S-72 L New Jersey,.... .•,'.. Annual • Jan. 2ud Tues. . . None None H-21 L ! • (n) Yes S-19 L ^- New Mexico.. Odd Jan. 2nd tues. 60,C 30 C(6) 60 C No No. New York.. Annual Jan. Wed. after 1st Mon. None None 74 C No No • North Carolina. Odd • Jan. Wed. after 1st Mon. 90 C(c) 25 C(c) 98 L No .Yes North Dakota.'. Odd Jan. Tues.-after .1st Mon. 60 L. . None . 62 C No Yes Ohio Odd - Jan. Ist Mon. . None None 103 L No • No Oklahoma Odd Jan. Tues. after 1st Mon. None None 90 L No No (p) Oregon Odd Jan. 2nd Mon. • None None 100 C . No Yes • Pennsylvania... -Odd Jan. Ist Tues. None None 203 C No No- ; ;• ' Rhode Island... "Annual Jan. 1st Tues. 60 L(c) None 63 Iv No Yes South Carolina. Annual' Jan. 2nd Tues. . None None H-67 h Texas Odd Jan. . 2nd Tiies; 120 C(a) 30 C 135 C No No . Utah...... Odd .Jan. 2nd Mon. 60 C -30 C 60 C . No ' No Vermont. .;,... Odd" Jan. Wed. af-ter 1st Mon. None None 49 C - No . Yes Vlrftlnla Even . Jan. 2nd Wed. 60 C(c.r) .30 C(c,r) 60 C Petition 2/3 members Yes Washington.. Odd Tan. 2nd Mon. 60 C . None 60 C: No . ^'c3 West Vlrftlnla... Odd. Jan. . 2nd, Wed. 60 C(s) None 60 C Petition 2/3 members No Wisconsin...... Odd .Tan; 2nd Weri. None None 162 (? • No No Wyomlnft Odd Jan. 2nd Tues. 40 C None . 40 C No . Yes Alaska. Odd Jan. 4th Mon. v • 60 C 30 C 60 C. . ' No No Guam. Annual Jan. 2nd Mon. , 60C(u) -I4C 60 C . J No No Hawaii Odd Feb. 3rd Wed. 60 L(t) None . 75 L . No • Yes Puerto Rico. . . . Annual l"eb. . 2nd Mon. None. . None . . .; No No 5 Virgin Islands.. Annual Governor or Councils i.nay call None None 5C . .Yes Yes Abbreviations: L—LcRiHlativeday.s; C—Calendar days. effective until July 1 of the following year. (a) 1953 session, except for Kentucky, Louisiana, Mississippi and Virginia, where last reBuIar (k) Custom and pay limit session to 100 calendar days. session was held in 19S2, and for Georfjia, where 1953 session had not adjourned by (I) . I Inle.SH legislatiire ix;titioiis for session. , • .November IS, 1953, and for wliich 1951 information is Kiven. •(m) Session must.adjourn by.May 31. \ (b) 'Legislature meets quadrennially on second Tues •L •\-' y »> 108 THE BOOK 0F THE STA TES, LEGISLATIVE PROCEDURE: COMMITTEES AND HEARINGS L______!=,. •>:__ Average-Number of House. Committees on Which Hearings Commitlees Senate Standing Coilimillees , Each Member Serves ' Open Appointed Committees • _ A House Senate ' to Slate' by Speaker Appointed by House Senate Joint Members Members Public* C Alabama. •*• • President • . ,15 30, 0 2 . 5-6 Dis. Arizona....; ir President 15 23 0 3 7 Dis. Arkansas. ...'....• -k President 56 21 '7 7-8 4-5 Dis. California -k Comtn. on Rules 2-i 21 •0 3-4 "5-6 Ves . Ck)Iorado ' -k Resolution 16' 20 0 4 r^ 5 Dis. Connecticut...... -jlr Pres. pro teni 0 0 • 32 2 •4-5 Yes Delaware....,..: -k Pres. pro tern 26 22 • • 4. nis.' Florida ' * . President 54 40 or 7 . io Yes Geo)-gia • President • ' 6.^ 38 0 10 8 Vh. Idaho...... * President ". 21 19 0 •2 3 Dis. Illinois..' • -k Coinm. on ComniB. 23 28 0 4 8 Yes IndiStia,...... ;... *• President .41 38 2 3 -• • 2 Dis. Iowa.... -k President 38- 36 2- 7- - ^7. Dis. Kansas.. ;.. -jlr Presideiit 43 29 1 4-5' 6-7 Dis. Kentucky. :. Committee Committee on 44 39 0 6 12 Did. on Committees Coinriiittees Louisiana. -k President 37 29 . • 4-5- Dis. .• Maine..!...; ir President . 7 2 23 1 2 Yes • Maryland -k President 15 IS. 1 1-2 4 Yfs Massachusetts --k President 6 4 31 2 3 Yes Michigan -k Cotnm. on Comnis. 48 19 0 4 • 3 Dis. Minnesota -k Comin. on Coiuins. 39 38 0 5-6 8-9 ^•es Mississippi ^ ir Lt< Governor 47 46 " • 5 '•• 5 10 Dis. Missouri.-.. '' k Pres. pro teni 60 •22 • 2 f 4-5 7-S Dis.. Montana..... -k - Special comm.(a) 36 36 0 Dis. Nebraska •• ;. Comm. on Comms. (b) 14(b) 0(b) (b) 3 Yes Nevada ; -k President 29 20 0 , 4 4 Dis. ' Ne^ Hampshire...... ilr President 24 18 1 1 4 Yes New Jersey -k President 43 34 16 5 12 Dis. New Mexico -kW- Conim. on Comms. -23 20 0 5... 4 "Dis.- New York. -k Pres. pro tern 36 28 0 4 6 Dis. North Carolina ^ President 47 28 . 4 11-12 6-7 Yes North Dakota. * Comm. on Comms. 20 20 0 3 • 4 Dis. Ohio...... :... •• President '22 13 1 3 4 Yes Oklahoma... .• -jlrfe) Pres. pro tem(f) 3^ 0 _.3=4— 6-7 Yes Oregon...... ; -k M" President. ' ; 22 21 1 - 3 4-5 Yes Pennsylvania...... -k Pres. pro tern 31 21 0 . 3 8' Dis. Rhode Island...... -k Named in rules ' 15 15 '$ '. 2 •2 . Dis. South Carolina. . • ' " (g) ' • 8 . 3 2 10 Dis. South Dakota...... Sir President ' 51 27. 0 6-7 5-6 Tennessee.... ilr Speaker 55 35 0 14 \ru. 10 Dis. . Texas..;.;...,...... -k • -President 43 J8 . 0 S 11 Dis. '. Utah ; •*• . President 35 16 1 6 5 \'es Vermont -k Special comm. 27 25 • 3' t>v 4 Yes Virginia • Elected 34 21 , . 3 • 6 .Dis.(Ti) Washington -k President 36 22 . 0 7 Dis. West Virginia.' • President 25 29 3 9 Di?. Wisconsin -jlr • Comm on Comms. 23 10 2 '3 Yes Wyoming..;-.... • President . . 21 20 4 Dis. i cfi. Alaska:...... ;. (i) (i) ' 20 1^ • 0 5 Dis. • Guam .. • Comm. on Rules 0 2 Yes Hawaii...... ,:.,..... • President(c) ; 19 15 0 .4-3 •4-5- .Dis. Puerto Rico.. ilr President . 16 16 0 . 3 4 Dis. Virgin Islands .... N'o specific provisions, except for 3(b) (b) 3 Dis.' : . standinR Municipal Committee in each Council * .Abbreviation: Dfs.—Discretionary. ' . . (e) ('onfirmation by House. (a) Confirmation by Sc-nate. • (f) Senate elects Senate standing committees. (b) Unicameral leRislature. ' • (K) Elected for standing, appointed for special committees. (c) Except four select committees made up of Senators from (h) Final vote by a House committee must be in optn session. each of the four islands. . (i) Nominateil by Comtnittee on (Tommittees and elected by (d) Standing Committee on Committees a c LEGISLATURES AND LEGISLATION LEGISLATIVE PROCEDURE: HOUSE AND SENATE'ACTION . . Roll Cell MdJidalury on Kequesl-o} ,— ReailittRS '• >'^ —; '^ , Majority of M:mbers ' '. • ' . - Sepiiraie o Senaie House lUeclric Roll Requ'ntd '.o Pass Stale Xiimber Days In Full Members Members, Call Device ' Biilia.) Alabama...; 3(b) Yes 3 .10% present 10% present House Present & voting Arizona 3 Yes 1(c). 2(c), 3 .2 ..2 No ... Elected Arkansas...... S' Ye3(c) .1.3 5 5 Ilouse(aj) Maj. membership •. . each hse.(d) • California 3 . ' Ye3(G) 3 3 3 Asseriibly(ak) Eiected Coloradg* 3 (e) 2(f). 3(f) 1 1 iN'o Elected Connecticut.... 3 . (g) 2,3 .1/5 present 1/5 preset No Pr.sent & voting(h) Delaware..- 3 .(e) 1. 3(i) . . .-Ml bills, joint and concur- No . "Elected rent resolutions . Florida 3 Yes (j) 5 5 House Present Georjjia.....;... 3 3 « 3(k) 1/5 present 1/5 present ^fo Elected Idaho . ; ,3 Yes(c) / 3 3 ' 3 No • I'resent Illinois 3 Yes 1,2.3 2 5 • House Elected . Indiana...... 3 Yes(c) . 1(c), .i(c), 3 2 • 2 - Yes ' Elected j . Iowa...... 3 , (1) • • 1. 2, 3(in) -1 f*^ 1 , House. Elected^ N Kansas. 3 .Yes(c) . 3(b)- .5 25 v ^ No. Elected Kentucky 3 Y«s(n) 1. 2, 3(n) 2 2 No 2/5 electied each house and maj. voting Louisiana...... 3 Yes 1 Yes Yes Yes , Elected Maine...... (o) Yes(c) Uc). 2(c)- 1/5 present 1/5 present . No Present and voting(h) Maryland 3^ Yes . 1 5 House Elected Massachusetts.. 3 ' Yes(p) .->.. 1/5 present 30 . No Present and voting (h) Michigan 3 (e) 3(f) 1/5 present 1/5 present House . Elected Minnesota 3. Yes(c) 1. 3 . 1 15 . Yes Elected Mississippi...... 3 Yes(c) 1. 2. 3(q) 10% pn^seht 10% present House Present and voting (h) Mlissourl...... 3 Yes ' 3(r) 5 5 Yes Elected Montana. 3 .... 3(m) 2 10 No Present Nebraska 2 (s) 1,3 1 .... Yes Elected (Unicameral) Nevada '. 3(b) Yes(c) • 3 All bills and joint resolutions No Elected • New Hampshire. 3 (e) . .... I 1 No xt (t) New Jersey.. 3 Yes(ah) .... Constitution Constitution House Maj, membership , -. •' • —Rule —Rule New Mexico .... 3 (u) 3 1 1 No Present New York...... 3 (v) .... .1 I No Elected North Carolina.. - 3 Yes(c) 1,2.3 1/5 . 1/5 No Present and voting (h) North Dakota... 2 Yes . - • 2 1/6 present 1/6 present ,' Yes • Elected(w) Ohio 3 . Yes(x) 3 All bills .-Ml bills • : No(al) Elected Otdahoma. . 3 Yes 3(y) Maj. elect. Maj. elect No Elected Oregon.. 3 - Yes(c) ' 3(z) All bills All bills ' No Elected Pennsylvania.... 3 Yes .. 1.'2. 3 * All bills • All bills No Elected Rhode Island.;. 2(f) Yes(f). '' .|(r). 2 . 1/5 present 1/5 present No, Present and votinR South Carolina.; 3 Yes 1 (ai) 5, 10 No - Present and voting (h) South Dakota... 2 Yes Yes(in). 1/6 .1/6./ No Elected Tennessee 3 Yes(aa) 3(b) 3 5 -House •/^^'^J-^"^'"'^'^ship /»-.., each house Texas.;.. 3 Yes 1. 2. 3(ni) , 3 . 3 .House Present and voting (h) Utah -3 Ye3(c) , 3 iMaj. Maj. No Elected.. Vermont.. 3 • • 2 . 1 5 No- --Present & voting(h.ab) Virginia..; 3(ac) Yes(ac) (r) ' 1/5 present 1/5 present .Yes 2/5 elected each house • ' " . • andmajority voting Washington —. 3 (ad) House 2. 3 1/6 present 1/6 present No Elected West Virginia... 3(u) Yes(ad) . Yes 1/10 . 1/10 House Present and voting. Wisconsin 3 (ae) .... 1/6 present 1/6 present House - Present and voting (h) Wyoming 3 Ye.-(ni) Yes(m) .1 -^ i No ' Elected . Alaska .3 (p) 2 . : 3 1/5 present No Maj. menibershipr Guam.... 3 (p) 1 .3 • Xo Elected . Hawaii .3 Yes Ye^Caf) . All bills(aK) All bitls(ag) .\o Maj, membership Puerto Rico . .... ; .... 2,3' Bylaw Bylaw No Elected Virgin Islands -~ .... No Elected (a) Sjiecial constitutional provisions requiring special majori- representatives elected .Hliall be present, the as-ient of two- it ties for the passage of emergency leKislation or appropria- thirds of those members shall be necessary to render their tion or revenue measures not included. . • ' . . acts and pi-ocecilinKS valid. And not less than thirteen of (b) Hirst reading, title only, unless called for in full by some tlie senators shall make a quoruin for doing business; and,/"" member; second reading, title only; third reading, in full. when less than sixteen senators shallbe present, the assent^' .(c) Except by two-thirds vote. of ten shall be necessary to render their acts and proceed-' (d) Except certain appropriation bills after majumum of ings valid. . -^ $2,500,000 has been reached. * . (u) No more than two readings same day. • ' (e) Second and third readings only on separate days. (v) Assembly: May receive, second and third readings samej . (f) Except by unanimous consent. . day by special provision of Rules Committee or by unanin (g) Bills or joint resolutions originating with a committee may . mous consent. Senate: Bills receive first and second read.^ receive second reading same day. ings upon introduction before committee reference. • (h)' House rules or custom determine procedure. (w) Two thirds vote required for amendment or repeal of (i)- Third reading often by title or partial reading. initiated or referred measures. ' . (j) Except by two-thirds vote whereby a bill may be read the (x) Except by three-fourths vote. j" first time, the second time by title only or in full, and the (y) First and second readings may be by title only, third time (which must be in full) all on the same day. (z) On final passage in -House.the rule provides for reading in • (k) First and second readings of local and private bills by title full unless requirement is suspended by two-thirds vote, only unless ordered engrossed. (aa) Passed each time Aad. ,• (1) Senate: May not have second and third readings same day (ab) Quorum for state tax is, two-thirds. without suspending rules except last day.- (ac) Except a bill codifying the law or where emergency de- House: Second and third readings saineday by two-thirds dared pud a four-filths vote, vote. (ad) Except by four-fifths vote. (m) Requirements often waived. - (ae) Senate: No two readings on same day. (n) Second and third readings may be dispensed with by vote Assembly: Second and third readmgs on separate days, of majority of elected members. - (af) If printed, aiecond reading by title only. (o) Senate: Two readings of all bills and resolves. (ag) For final passage of bills..Otherwise, in Senate, on request House: Three readings of all bills, two.of all resolves. of one-fifth members present. (p) Except under suaiiension of rules, then all readings in one (ah) Bill may receive second and third readmg lon same .day 'day. .'• "- when three-fourths of membership of. house agree. (q) Requirements always waived and bills read once:—before (ai) Second reading. ,„ . . • final passage. (aj) Interim committee created by 1953* legislature was given (r) By tiUe. •—,--., ' . XIOO.OOO to contract for roll call equipment for senate. (s) Second reading abolished. Rules often suspended and re- (ak) 1953 act authorized purchase for Senate prior to the 1955 ferred to committee same day as first reading. session. _ _ , ' ' , , .„,., (t) - A majority of the members of the house shall be a quorum (al) Adopted resolution to mstall in House for 1955 session, for doing business. But when less than two-thirds of the 110 THE BOOK OF THE STATES LEGISLATIVE PROCEDURE: OFFICIAL RECORD -Journal- I'uhlished vS7;ojri Rtiliniis of_Chair' .1// r../<-i Checked by Alabama: Vos(a) No • 'No liouse- Rules C'oiiiiiiittec; i?onntc-\Coni- • iiiittee oii Rc\'Lsion of Journal' Arizona.'. N.i •. - No. : Ves IIou. Ck)loracln . •"., . . . ' AVs . * y Iowa -;, No H.Mise—Chief clerk; St^te—Secretary- Kansas Vcs • No \es Journal Conimitl'ees of e!^7 hou.-H.-, Kentucky., (.1) .-. Yes \'es Chief clerk and a.ssistant oierk . Louisiana.... \o> V.-s Yes Journal clerk .- • . " Maine..;..... (.•). V . V<-s(f) ' Yes(f) . House—Clerk; Senate—Secretary • Maryland. Vi-s.- Yos "Yes Journal clerk; LcKislative Reference Dept. Massachusetts.. V-. . Yes • iMerks ' '. Michiixan., , ... V.-s Final passage House—Clerk; Senate.—Secretary Minnesota , N rs No No Hou. Rhode Island. . . Yes - Ve.s Hi)use-;Recor(linKclerk; Senate—S.-cretary of State South Carolina. Ves .' V.-s Yes .• Clerk South Dakota... Vc.-i Yds - Yes Legislative committee i^ ' " Tennessee...... (a) Yes Yes . (."lerk. • : • ; • ; ;^ Texas.....: Yes Ves . Yes Journal cli'rks: Utah...... \-es Ye.s Committei.',i)ii Revision and EnrolIiiiR Vermont \Vs ; Yes Yes ^lerk _' " _ yirUlnia Vi-.< Ves ..,' Clerk ami journal clerk • • . ••. Washlniiton...,, No \'es Yes . House—Chief clerk;Sctjate—Secretary West Viriiinia .. V.v • V.-s Third Reading Clerks and journal cjerk:* Wisconsin. . \\-s •Yes ,.v Journal clerks Wyominjl- •. v .. No • V.-s Yes •" t'hief clerks Alaska;. V.-s Ves '" Yes House—Chief Clerk; Senate—St-cretary (luam. ..;...... Ves Yes Kx.vutive Secretary • Hawaii ;,..... V.'.'^la) - Aes V.-s: Cl.-rks . • Puerto Rico.... AVs (lUlls) Yes (Uills) Yes S<-cretary of each Hou.«e Vlrilin Islands!:. No(.i) • .... Chairman of Municipal Council (a) I )aily journal prcparol; prinlril .ifter clo^se of so-xsitin. not done. " •., • (1)) At House Senate When First Printed Upon • As- After After Upon sign- Com- Sec- When Inlro- m^it to mittee ond Jjiills A mend- Afa n- '6p- Man- Op- due- Com- A p- Read- Are ments Stale All Some datoryry tional All Some datory tional tion mittee proval ing Passed Printed Alamma (a) X (a) X (b) (b) (b) (b) (b) No Arizona.. X (c) X (d) X No Arkansas .'X X X X X Yes California X X X Yes (e) (e) Colorado X X X (0 ;.. (K) Connecticut.... X (ci) .\ (ci) X Yes Delaware.^. .,.., X X X X X- Yes Florida .. • (h) X (ll) X (ii) .'; (u) Georgia.... ^n)' X X ( (a) Usually important or controversial bills and appropriation (P) In the Senate. bills.. Any bill may be ordered printed by either house, a (.n) In the House. standing committee of cither house, or the chhirmau of a (r) Usually. standing committee. . - (s) Committee on Reference of Bills generally directs the print (b) At any stage. ing of pending legislation prior to referral to Committee. (c) If no objection by .Committee on Printing. (I) Optional. (<1) Unless otherwise ordered. (u) In the Journals.: (e) Mandatory before passage; optional on introduction. (v) If time and circumstances permit. (0 After Referral Committee orders bill to be printed. (w) All bills, if reported with amendments or amended in the (K) Only if adopted. Either on second or third reading or as Senate, are reprinted immediately, unless such ameniimeiit recommended by Conference Committee. restores bill to an earlier printed form. • (ii) General appropriation bills or those of maximum imjxir- (X) Reprintt'il on colored patier if amended in house of origin. tance generally printed by request of committee, or 112 THE BOOK OF THE STATES LEGISL ATI VE. S ESS IONS AND N U MBER OF EN ACTMEN IS •• 1931-52-53 •• -Regular sessions- -Extra sessions- Number Number of acts, of acts, Slates Dale (a). etc. Dale (a) etc: Alabama May 1,1951—Sept. 6, 1951 1,001 Jan. 16, 1951—Feb. 1, 1951 26 .-.cMay 5, 1953—Sept. II, 1953 744 •Arizona '.. Jan. 8, 1951-Mar. 18^ 1951 155 June 25, 1951- -June 29, 1951 3 Jan. 14, 1952—Mar. 27, 1952 149 July 30, 1952- •Aug. 1, 1952 1 Jan. 12, 1953—Mar. 31. 1953 137 Oct. 13, 1953- Nov. 3. 1953 . I Arkansas Jan. 8. 1951—Mar. 8, 1951 403 •Vpr. 9", ,1951—Apr. 18, 1951 12 Jan. 12.1953—Mar. 12, 1953 , 575 California Jan. 8, 1951—June 23. 1951 1,765 Mar. 3, 1952--Apr. 2. 1952 33 Mar. 3. 1952—Apr. 1. 1952 14 Aug. 4, 1952--..\ug. 13, 1952 34 Jan. 5, 1953—June 10, 1953 1,764 Colorado ...... Jan. 3, 1951—Mar.'21. 1951 ' 304 May 17, 1951--May=ai. 1951 Jan. 2, 1952—Feb. 9, 1952 62 June 22, 1953- -June,24, 1953 Jan. 7, 1953—Mar. 2?, 1953 .257 Connecticut Jan. 3. 1951—June 7. 1951 877 June 13, 1951 " Jan, 7, 1953—May 30. 1953 1,129 Delaware. Jan. 2, 1951—^fay 26, 19?!' Dec. 10, 1951—Jan. 26, 1952 Jan. 6, 1953—July U, 1953 429 Florida Apr. 3. 1951—June 1, 1951 1,512 Apr. 7, 1953—Jfune 5, 1953 1.566 Georgia Jan. 8, 1951—Feb. 16, 1951 510 Jan. 14, 1952—Feb. 14. 1952 421 Jan. 12, 1953—Dec. 10, 1953 (U) Idaho...... Jan. 8, 1951-Mar. 12, 1951 287 Jan. 15, 1952—Jan. 16, 1952 Jan. 5,1953-Mar. 6. 1953 280 Illinois Jan. 3. 1951—June 30, 1951 1,040 Jan. 7, 1953—June-27, 1953 805 Indiana..... Jan. 4, 1951—Mar. 5, 1951 Sept. 24, 1951—OcJ, 26, 1951 14 Jan. 8, 1953—Mar. 9, 1953 . . 283 Iowa...;...: Jan. 8, 1951—Apr* 17, 1951 • Jan. 12, 1953—Apr. 30, 1953 296. Kansas. Jan. 9. 1951—Mar. 31, 1951 525 477 , Jan. 13, 1953—Apr. 7, 1953 267 Mar. 5, 1951—Mar. 14, 1951 Kentucky. ...".....• Jan. 8. 1952—Mar. 21. 1952 .7 627 June 18, 1951—June 29, 1951 32 Louisiana. May 12. 1952—July 10. 19D2 Iuly6, 1953—July 17, 1953 . 9 Maine...... Jan. 3. 1951—May 21, 1951 ^ 412 Jan..7, 1953—May 9,.1953 808. Maryland .?... Jan. 3, 1951—Apr. 2, 1951 710 Feb, 6, 1952—Mar. 6,' 1952 " 68 Jan. 7. 1953—Apr. 6, 1953 .785 • - Massachusetts Jan. 3. 1951—Nov. 17, 1951 895 ' Sept. 9, 1952—Sept. 16, 1952 2 Jan. 2, 1952—July 5, 1952 743 Jan. 7, 1953—July 4, 1953. • 777 • MichiiJan..'... .. Jan. 3, 1951—June 29, 1951 279 - .Vug. 20. 1951—Aug. 23, 1951 5 Jan. 9, 1952—June 19, 1952 280 Oct. 23, 1951—Oct. 24, 1951 2 Jan. 14, 1953—July 3, 1953 234 Dec. 21, 1952—Dec. 23," 1952 4 • Minnesota. Jan. 2, 1951—April 23. 1951 725 Apr. 24, 1951 4 762. Jan. 6,1953—.Vpr. 21, 1953 650 Nov.- 3, 1953 (c) • Mississippi. Jan. 8, 1952—Apr. 17, 1952 ,... 270 Oct. 19, 1953—Oct. 23, 1953 ^'—, Missouri...... Jan. 3, 1951—Apr. 30, 1952 252 Jan. 7, 1953—May 31. 1953 Montana Jan. 1. 1951—Mar^ 1, 1951 229 Jan. 5, 1953-Mar. 5, 1953 251 Nebraska. Jan. 2, 1951—May 26, 1951 354 Apr. 17, 1952~Apr. 24; 1952 2 . Jan. 6, 1953—June 13, 1953 . 369- . Aug. 27, 1952-Sept. 5, 1952 8 Nevada...... Jan. 15, 1951—Mar. 15, 1951 558 . Jan. 19, 1953—Mar. 19, 1953 376 New Hampshire.... Jan. 3, 1951-Aug.31, 1951 337 Jan. 7, 1953—June 19,: 1953 361 LEGISLATURES AND LEGISLATION 113 LEGISLATIVE SESSIONS AND NUMBER OF ENACTMENTS-Continucd 1951-52-53 ' - T -Regular Sessions- -Extra Sessions- Number Number of ads, of acts, Stales Date (a) etc. Dale (a) etc. New Jersey. Jan. 9. 1951—May 4, 1951 343 June 26, 1951—July 9. 1951 (b) Jan. 8, 1952—.Apr. 4, 1952 370 . (Const..Session) Jan. 13. 1953—June 25. 1953 405 Nov. 19. 1951—Nov. 28. 1951 14 .. May 27, 1952—June 9. 1952 (b) (Const. Session) Dec. 1, 1952—Dec. 3, 1952 3 Sept. 10. 1953 (b) (Const. Session) Dec. 4, 1953(c) New Mexico Jan. 9. 1951—Mar. 10, 1951 231 V)*. Jan. 13. 1953-Mar. 15. 1953 183 New York :.': Jan. 3. t95l—Mar. 17. 195! 841 Dec. 5. 19.51 Jan. 9, 1952—Mar. 20. 1952 • 835 June 25, 1953—Juiie 26. 1953 '•11-. Jan. J. 1953—Mar. 21. 1953 879 Nov. 17. 1953 North CaroUns^. Jan. 3. 1951—Apr. 14. 1951 '-• Jan. 7. 1953—Apr, 30. 1953 385 r" North Dakota .' Jan. 2. 1951—Mar. 2. 1951 348 . Jan. 5, 1953—Mar. 7. 1953 350 Ohio...... Jan. 1. 1951—June 20, 1951 242 Dec. 10,1951—Dec. 12, 1951 Jan. 5. 1953—Aug. 7, 1953 . 289 Oklahoma....: Jan. 2. 1951-May 18, 1951 305 Jan. 6, 1953—June 6, 1953 589 : I-'- Oregon, i .'. Jan. 8.il951—May 3. 1951 Jan. 12. 1953—Apr. 21, 1953 723 Pennsylvania. ..':...:... Jan. 2, 1951—Dec. 22. 1951 , Jan. 6. 1953—July 27. 1953 611 Rhode Island. Jan. 2. 1951—Apr. 26, 1951 465 Sept. 19, 1951—Sept. 21, 1951 22 Jan. 1, 1952—Apr. 23, 1952 . . 400 June 11. 1953—June 12. 1953 j Jan. 6. 1953—May 2. 1953- 415 Nov. 13, 1953—Nov. 17. 1953 South Carolina...... Jan. 9. 1951—May 5. 1951 1 . Jan. 8. 1952—Mar. 8. 1952 i92 .,. Jan. 13, 1953—May 2, 1953 532 •-•••. . •. • South Dakota...! ... Jan. 2, 1951—Mar. 2, 1951 473 ' Jan. 6. 1953—Mar. 6. 1953 495 Tennessee. Jan. 1. 1951—Mar. 16, 1951 998 Jan. 5. 1953—Apr. 10. 1953 861 Texas. .. Jan. 9; 1951—June 8. 1951 -"^ 505 Jan. 13, 1953—May 27, 1953 439 Utah ...... "....;... Jan. 8, 1951—Mar. 8, 1951 131 June 4, 1951—June 16.1951 • Jan. 12il953—Mar. 12, 1953 177 June 12. 1952—June 14. 1952 ... Dec. 1. 1953—Dec. 19. 1953 Vermont....;.. Jan. 3.1951—May 18, 1951 373 338 Jan. 7, 1953—June 4, 1953 719 Dec. 2. 1952—Dec. 15, 1952 31 Virginia ....! Jan. 9, 1952—Mar. 29, 1952 279 Mar. 27, 1951—Apr. 5, 1951 11 Washington Jan. 8.1951—Mar. 8. 1951" • 288^ Aug. 24, 1951—Sept. 1, 1951 28 Jan.-12, 1953—Mar. 12, 1953 Mar. 13, 1953—Mar. 21, 1953 9 West Virginia : Jan. 10. 1951—Mar. 10. 1951 271 June 4, 1953 ' 1 Jan. 14. 1953—Mar. 14. 1953 269 Wisconsin ...... Jan. 10, 1951—June 14. 1951 (e) 735 Jan. 14, 1953—Nov. 6, 1953 623 • •' '-'• ' • . Wyoming. •. Jan..9, 1951—Feb. 17, 1951 161 '^^.,^ Jan. 13. 1953—Feb. 21. 1953 219 • Alaska.. . Jan. 26. 1953—Mar! 26, 1953 145 . ' • . '• • Guam...... Jan. 14, 1952—Mar. 14. 1952 51 51 Jan. 12, 1953—Mar. 12. 1953 . 340 . Hawaii, FAb. 18. 1953—May 24, 1953 325 Puei-to Rico. (a) Actual adjournment dates are listed regardless of con (c) Adjournment date not known. . ^ stitutional limitation. / , ,. , (d) Recessed Feb. 25,1953 and reconvened Nov. 16,1953. (b^ Number of enactments included in total for regular (e) Recessed Aug. 17,1953 and reconvened Oct. 26,1953. seuioa. * .V CONSTITUTIONAL PROVISIONS FOR APPORTIONMENT OF STATE LEGISLATURES / As of July, 1953 ' Frequency of Required Reapportionment • Citation: -Basis of Apportiotiment -y) Required .Other .Dates of Art. b" Sec. House or • Every IQ Schedules for Apportioning Last Two Stale of Const. Senate Assembly Years^ Reapportioning Agency Apportionments Alabama. IV.'SO; IX. Population, except no Population, but each Legislature. 1901 1880 197-203 county more than one county at least one member. member. Arizona . IV. 2, 1 (l]f Districts specifically es Votes cast for Governor After every guber No provision for Senate, redis- 1952 1950 tablished by constitu at last preceding gen natorial election tricting for House by County « tion. eral (flection, but not ; (every 2 -years) Boards of Supervisors. less tlian if computed on basis of election of 1930. 7 Arkansas. VIII, 1-S Papulation. Each county at least Board of Apportionment (Gov- 1951 .1941 one member; remain ernor. Secretary of State, and ' ing members distrib- Attorney General). Subject to . uted among more revision by State Supreme populous counties Court. according to popula tion. California. IV. 6 Population, exclusive of Population, exclusive Legislature or. if it fails, a Re- 1951 1941 persons ineligible to of persons ineligible ; apportionriient Commission naturalization. No to naturalization. (Lieutenant Governor, Con coiinty. or city and troller. Attorney General. Sec county, to have more retary of State, and Superin- than one member; no , tendent • of. Public Instruc more than three coun tion). In either case, subject ties in any district. . to a referendum. Colorado V, 45-49 Population. Population. X • General Assembly. 1953 1933 Connecticut. in. 3,4; •Population, but each' Two members from each Senate GenVal .Assembly for Seriate, no H-1876 Aindt.s.dl, county "at least one town having ' over provision for Hoiise. S-1953 1941 XV. XVIII. member. 5,000 population; • XXXI others, same num ber as in 1874. Delaware 11.2 Districts specifically es- Districts specifically No provisionFV *. 1897 .... tablished by constitu- established by co'n- tion. stitution. Florida.. ».. Vai. 3. 4 Population, but no 3 to each of 5 largest X Legislature. 1945 1935 county more than one counties, 2 to each member. of next 18, 1 each to others. Georgia: III, 2; (Par. ii), Population. Population, i.e., 3 to X General Assembly "may" change 1950 1940 • 3 (Par. ii) each of 8 largest Senatorial districts. Shall counties. -2 to each of change House apportionment next 30. 1 each to at first session after each U.S. others. census. Idaho. III. 2, 4, 5; One member from each Total House not to ex- X Legislature. 1951 1941 XIX. 1,2 county. . ceed 3 times Senate. Each county entitled to at least one repre- sentative. appor tioned 'as provided by law. lUlnols IV, 6, 7.8 Population. § Population. General Assembly. 1901, 1893 Indiana...... IV. 4, 5, 6 Male inhabitants over Male inhabitants over Every 6 years; General Assembly. 1921 • 1915 21 years of age. 21 years of age. .Iowa... III. 34. 35 Population, but no ' One to each county. ' X General Assembly; H-1927 1921 county more than one and. one additional S-1911 1906 to each of the nine ' 1 member. most populous coun ties. Kansas.;...... II. 2; X. 1-3 Population. Population, but each Every 5 years. Legislature. H-1945 .... county at least one. S-1947 Kentucky....' Sec. 33 Population. ' Population., but no X General Assembly; • 1942 1918 more than two coun ties to be joined in a district. |-;^ Louisiana III. 2. 5,6 Population. Population, .but each X Legislature. . 1921 1902 parish and each ward of New Orleans at least one member. Maine... IV, Pt. 1,2,3; Population, exclusive of Population, exclusive X Legislature. H-1941 (a) 1931 IV, Pt. II, aliens and Indians not of aliens and Indians S-19S1 1941 1 taxed. No county less not taxed. No town than one nonnore than more than seven five. members, unless, a consolidated town. Maryland... III. 2, 5 ., One from each county Population, but mini- • No requirements. Membership frozen for House; 1943 and from each of six . mum of two and no provision for Senate. districts constituting maxihium of six per Baltimore city. county. Each of Bal •\ timore districts as many members as largest county. Massachusetts Amdt.LXXI Legal voters. Legal voters. X General Court. H-1947 1939 S-1948 1939 Michigan..... V, 2-4 DistrictsspecificaUy pre Population.(b) House Senate is fixed. Legislature or, if it fails, State H-19S3 1943 scribed by constitu Board of Canvassers (Secre tion. tary of State, Treasurer, Com missioner of State Land Office) apportions House. Senate is fixed. Minnesota...... ;.... IV, 2, 23, 24, Population, exclusive of Population; exclusive And after each Legislature "shall have po\ver." 1913 1897 nontaxable Indians.' of nontaxable In state census. dians. GONSTITUTIOMAL PROVISIONS FOR APPORTIONMENT OF STATE LEGISLATURES—Contmued .As of July, 1953- \ ' ' ,• ./ V • h'r^quency of Required Reapportionment Citation: -Basis of Apportionment Required Other Dates of Art. ti'Scc. House br Every. 10 Schedules for Apportioning'. Last Two • State > of Const. iienate Assembly YearsX Reapportioning / Agency Apportionments Mississippi. XllI, 2^4-256 Prescribed by constitu-' Prescribed by coiistitu- X. Legislature.''may-" 1916 1904 tion. , tion, each county at least one. . Counties grouped into three divisions, each divi sion to have at least 44.Tnember3. Missouri Ill, 2-11 Population. Population, but each X Housei Secretary of State appor 19S1 1946 county at least one tions among counties; county member. . courts apportion within coun ties. _ Senate: by tommission appointed by Governor. Montana. V, 4; VI, 2-6 One member from each Population, No requiren- ents. Legislative Assembly. 1943 1939 county.. . ^ Nebraslca. 111,5 Unicameral legislature-^population From time to time. Legislature "niay." 1935 1920 excluding aliens Nevada I, 13; XVII, 6 One member '{of eacli Population. X ., Legislature. 1951 1947 county. New Ilampshlre.... Pt: II, 9, 11, 26 Direct taxes paid. Population.(c) House ' Senate—Frotn time General Court. ;II-1951 1943 to time., j S-1915 1877 New Jersey. IV.ii, 1; IV. ' One member from each Population, but at least X i Legislature. • iii.l. c'.Jnty. one inen\bei" from each county. 1941 1931 New Mexico •IV. (3) One member from each Districtsspecifically es No requirenierits. No provision. • county, (d) tablished by Consti tution. 1949 1912 New York...... - III, 3-S Population, excluding Population, excluding X Legislature.' Subject to review ' 1944 aliens. Nocounty more aliens.. Each county by courts. than K membership, (except Hamilton) at 1938 i nor more than H mem least one member.(e) bership to two adjoin ing counties. North Carolina.... II,'4-6 Popnlation, excluding Population, excluding General .Assembly. 1941 1921 aliens and Indians not • aliens and Indians x taxed. not taxed, but each county at least one menrber. North Dalcbta. II, 26, 29. 32, Population. Population; X •Or after each state Legislatiy,e Assembly.- 1931 1921 .35 •• census. Ohio...... ,.....,;.... XI, 1-11 Population. Population, but .each X (0 Governor, .Auditor, and Secre-- 1953 1951 county at least one . tary of State, or any two of member. them. Oklahoma ...^.... V. 9-16 Population. Population, but no •X Legislature. 1951 1941 county to have less than oiie nor more than seven membera. Orefion,. IV, 6, 7 Population, Population. Legislative .Assembly, or failing -j. 1954. 1911 that, .Secretary of State. Reap- -• portionment subject to Su- i preme Court review. ^ Pennsylvania II, 16-18 Population, but no city Population, but each X General .Assembly. 1953 1923. orcouuty iohavemore county at least one than K of member • member. ship. Rhode Island. .XIII; Amdt.. Qu/ilified voters, but Population, but at House Senate—After each General .Assembly "may.' 1940 1936 XIX ihininiuiii of 1 and least one member '-- presidential elec maximum. of6 per city from each town or' ' tion. •\ or town. city, and no town or city more than l^i of . total, i.e., 25. 'f ^ South Carolina. Ill; 1-S One member from eacli Population, but at least X General' -Asseinbly. % 1952 1942 county. • -, • one member .from each coiinty. V- ^ •'•',. South Daliota.. II1,5;X.IX, 2. Population excluding Population, excluding : X Legislature, or failing that. Gov- • 1951 1947 soldiers and officers of soldiers and • officers '• ernor. Superintendent of Pub U. S. .-Xrniy and Navy. of U.S. Army and: ,, lic Instruction, Presiding Navy. Judge of Supreme Court, Attorney General, and Secre tary of State. ; Tennessee. 11,4-6 Qualified voters. Qualified voters, X General .Assembly. 1945 J 903 Texas... III. 25-26a. 28 Qualified electors.but no Population, but no X Legislature or, if it fails'. Legisla 1951 1921 county more than one county more than 7 tive Redistricting Board (Lieu member. representatives , un tenant Governor, Spe;aker of less population great House, Attorney General, er than 700.000, then • Comptroller of Public • Ac 1 additional repre counts, and. Commissioner of sentative for each • General Land Office). .100.000. Utah.. IX. 2, 4 Population; Population, but each X Legislature. 1931 1921 • county at.least "one -y^ ni.eniber. Vermont, II, 13, 18.37 Population, but each One member from each Senate Senate—oraftereach Legislature apportions Senate;' 1793(h) ... county at least one inhabited towii. state census. no provision for House. member. Vlrfilnla IV, 43 Population. Population. General .Assembly. 1952 1942 'j^- '- r / CONSTITUTIONAL PROVISIONS FOR APPORTIONMENT OF STATE LEGISLATURES- -Continued • • • . As of July,- 1953 Frequency of Required Reapportionment , * , Cilaliun:' -Basis of Apportionment Required Oilier Dates of. House or Apportioning Last Two Art t^ Sec. Every JO .Schedules for Slate of Const. .Senate Assembly Agnicy Apportionments Yearsi Reapportioning • ir Washington:, II, 3, 6;,XXII, Population, excIudlnK -Population, excluding X Legislature, or by initiative. 1931 1909 1.2 liidians not taxed and Indiarm not taxed" I. . .soldiers, sailors and and soldiers, sailors officers of U. S. Army and officers of U. S. and Navy in active Army and Navy in service. active service. West Virginia.- VI. 4-10, 50 Population, but no two Population, but each, , X-- Legislature. 1950 . 1940, incmlxjrs from any county at least one county, unless one • meinber. county constitutes a , '. district. . ' , I •'• Wisconsin... IV, 3-5 Population and area. . Population. • • X-. • Legislature. 1953 1951 Wyoming. . . 111,3; III,2-4 Population, but each Population, but each Legislature. 1921 • '^ '• 1931 county at least one . county at least one member. ' member. Alaslia. .. 37 Stat. ; Fourmembers from each Population, excluding House U. S, Director of Census. , 512, 4(i) judicial district. • military and families. Guam.. 1950(2d) Legislature (fleeted at large; Sec. 512 (i) Hawaii: Scd 55(g) Population, (g) Population.(g) Territorial Legislature. .1939 1900 Puerto Rico. .. Sees. 26-27(1) Two senators for each of One represeiitative, for eight senatorial dis- • each of 40 represent- tricts, and eleven at, ative districts and large. • eleven at large. Virgin Islands. (i) Every ten years, or after each Federal Census. ' (e) Laws, 1943, ch. 3S9;JLaw8, 1944. clis. SS9. 72S, 733 (new apportionment). H—House; S—Senate. . (f) Constitution requires reapportionment every 10 years and also sets up a ratio and .1941 action duplicated 1931 apportionment. apportionment procedure so that reapportionment'is actually accomplished ia each Any county with a moiety of ratio of population ia entitled to separate representation. biennial period for the .succeeding session. This Is mandatory and the legislature has no Amendment adopted in November,'1942, reduces the membership of the House of power in regard to talcing action in the matter. Representatives to not more than 400, ^and not less ihali 375. and requires fpr each fs) Citizens of the Territory (U.S. citizens residing one year In Territory of Hawaii).. representative additional to the firnt, twice the number of inhabitants required for the (h) Apportionment plan for House fa provided in the constitution with np provisions for first, with the provision that a town or ward which is not entitled to a representative all reapportionment. House apportionment thus dates from-adoption of constitution in of the time may send one a proportionate part of the time, and at least once in every 1793. 10 years. 1951, ch.248a. 3. (i) Organic Act. (d) In 1953 one member from each county except those of sixth class. _/ .¥i LEGISLATIVE SERVICE AGENCIES MAJOR legislative development during the states, by 1917, to create legislative . the first half of the twentieth cen r-eference facilities. " A"tur y has been the creation and ex These reference agencies vary in or pansion of various types of permanent staff ganizational Structure as well as in-specific agencies to. provide state legislators with services. A majority are sections of the needed assistance. This development" has state library, state law library, or depart- been occasioned primarily by the increas inent of library and archives. This rnethod ing number and complexity of the prob , of organization is most common .when the lems arising for legislative consideration . bureau does little or no bill drafting and and by the rapidly mounting costs of state emphasizes its reference activities instead.- government. . ^^ In several states wher-e drafting is a major^. Major areas of assistance to legislators •activity—notably in Alabama, Delaware,'v^ which have taken institutional form in Florida, Illinois, Indiana, Maryland, Mich-. recent years include: igan, Ohio, Pennsylvania and Virginia— . 1. Reference and research assistance on the bureau is independent of the library. any subject of legislation; The technical nature of bill-drafting and - .-2. Drafting of legislation; statutory revision services has led to the - . 3. Statutory, code and law revision; creation, in about half of the states, of 4. Advance study of important subjects specialized agencies with primary respon expected to come before future legislative sibility for carrying out one or both af sessions and development of recommenda these activities. Among . them are the tions for legislative action; Legislative Counsels in California, Massa-" 5. Continuous review of_state revenues chusetts and Oregon; the Legislative Com arid expenditures and pre-session review missioner in Connecticut; statutory or of the budget. • code revisors in Colorado, Florida, Kan 6. Post-a'udit of state fiscal operations. sas, Kentucky, Minnesota, Mississippi, The oldest of the permanent service Missouri, Nebraska, Nevada, North Caro agencies are the legislative reference- li lina, Ohio, Rhode Island, W'ashington and braries, now established in more than forty 'Wisconsin; code commissions in South states. Carolina, South Dakota, Tennessee and Some or all of the following services are Virginia; the Law, Revision and Bill provided by legislative reference agencies, Drafting Commission in New Jersey; and in the various states: factual research in the Legislative .Bill Drafting Commission formation; spot research and counseling; in N.e.w York. preparation of legislative manuals and As now practiced in most states, code . state directories, indexes and digests of leg and statutory revision consists primarily- • - islative material,~up-to-date reports on the' of form revision or modified substantive content and status of pending legislation; revision, i.e.-, the systematic classification assistance in drafting bills;: and statutory and compilation of. statute law; elimina revision. tion of obsolete, outmoded, or unconstitu In 1901 Wisconsin, established the first tional parts; aijd, to sornc extent, the rec- integrated agency to provide most of these, tificatidn of conflicts and inconsistencies. services for its legislators, following de- In recent years, an.increasing number of veloprnent during the previous decade of states have authorized revision along these specialized legislative reference divisions lines on a continuous basis. within the state libraries of New. York and Extensive revision in the substance of Massachusetts. The success of the Wiscon the law, involving major changes in policy, sin reference library led more than half of is carried on systematically by only a few 119 120 THE BOOK OF THE STATES state agencies at present^—notably by the. " Legislative councils, staffed with corn- New York Law Revision Commission, " petcnt research assistants, provide for two created in 1934;.to sonie extent by the New long-felt needs: they provide machinery Jersey Law Revision arid Bill Drafting for effective and continuing legislative Commission: the General Statutes Com- participation in forming.policy; and they mission in North Carolina; the quasi- provide means by which legislatures can public State Law Institute in Louisiana; obtain a sound factual basis for delibera- and the Califor,j3ia, Law Revision Commis- tions and dccisidns. sion,"created in 1953.• In addition,, many councils*perform a The most significant development in the highly valuable educational function for legislative service agency field c|uring the the general public as well as the legislators, past twenty years has been the Expansion through means including open hearings on of the legislative council idea. Moi^iEi-than important issues and wide distribution of two-thirds of the states have estaj^lishcd council research reports, agencies of this nature, following creation • ,Most of the legislative council laws of the Kansas Legislative Council in 1933. adopted since 1943 provide in one way or Essentially, legislative councils arc pcrma- another for coordinating the legislative nent joint legislative committees which council and legislative reference functions meet periodically between sessions and and activities. The laws in several juris- consider problems expected to confront the . dictions—inckiding Alabama, Alaska, Ari- next session of the legislature. In most zona, Arkansas, Florida, Kentucky, Louisi- instances, councils are composed exclusive- ana, Missouri, Nebraska, Nevada, New . ly of legislators. They range in size froin Mexico, North Dakota, South Carolina, three members (in South Carolina) to 167 Tennessee and Utah—integrated these (in Oklahoma), with fifteen members a facilities so that all members of the legis- mediari. If the three councils which in- latures might be served. Integration .was glude all members of the legislature (those a major objective in Ohio, also, when the of Nebraska, Oklahoma- and South Da- legislature in 1953 combined most pre- kota) are omitted, the median, member^ existing legislative services as responsibili- ship is thirteen. ties of the new Legislative Service Com- The councils have the services of con- mission, tinning research staffs with their accumu- An important development since the . lated resources. Thus equipped,, they can early forties has been-the creation in sev- develop comprehensive, impartial analyses era! states of specializecl staff facilities of public issues and make these analyses under legislative supervision to provide available to all legislator-o' s for studv and continuous review of state rev^enues. and use. Most councils—prresearchcommittees, expenditures and pre-session analysis of as they are called in a number of states— the budget. Since the California Legisla- may undertake studies on their own initia- ture in 1941 created its Joint Legislative tive; many councils formulate legislative Budget Committee with a staff- headed by programs based on their interim research. • a legislative auditor, the legislatures of Ten of the thirty-four jurisdictions with more than one-third of the states, as indi- council.or council-type agencies in oper- cated in Table 1, have established com- atidn established them during the- first parable facilities for continuing investiga- decade of the council" movement. "Since"^ tion and study of the states' fiscal affairs. • 1.943 an additional twenty-four legislatures This fiscal function has been assigned have activated simjlar agencies, .as shown to the legislative council, a committee of in Table 2. In only one instance, that of the council, or the staff serving the council the Michigan Legislative Council, has a in eight states—Arizona, Kansas, Mary- law creating a council been repealed out- land, Minnesota,'^ Montana, Nebraska, right;, one council statute, that of Rhode Nevada and Oklahoma; in Ohio, a multi- Island, has never been activated.^ purpose service agency also carries on a "Ttj ~VA \Kr T\ li-ru 1 • 1 *• -1 fiscal review service for the legislature, iHaroId W. Davey, "The Legislative council . , MM- • T movement, 1933-1953," American Political Science among its other responsiblhties. In con- i?«w«u, XLVII (September, 1953), 785ff. trast, Arkansas, Illinois, Louisiana, New LEGISLATURES AND LEGISLATION >121 Hampshire, Texas, Washington and Wyo 1953 created a Law Revision Commission, ming, all-of which have legislative coun partly to succeed the previous Code Com cils \or council-type agencies, have lodged mission biit also to carry on systematic fiscal review authority in separate legis studies of substantive law! revision. In lative, audit or budget boards, commissions Oregon a Legislative Counsel and Counsel --T. or committees. Committee were created in 1953, replacing rr Despite widespread support for such the Statute Revision Council, created in legislative fiscal and budget review serv 1951; and in Tennessee during. 1953 a ices, they have received criticism from Code Commission was established on a various quarters, including the Governors permanent basis. of several states. In 1953 an act to create The .trend during the past generation in such a service in Missouri was vetoed; ap establishing permanent and continuing propriations for carrying on such pro legislative research agencies, such as legis grams, previously established, were vetoed lative councils, has been strong. Many in Kansas and Washington (although legis states, however, still make extensive use of lative contingency fiinds for the purpose specially-created interim study committees were made available in the latter state); and commissions. During the 1951-52 and plans to establish this service in Ala biennium, for example, 437 such special bama, New Mexico and Oregon were committees and commissions were estab \. abandoned or failed of passage largely, lished, in thirty-eight states, with, appro because of the iinpact on' legislative-execu priations totaling $5,116,290. California,' tive relationships. Illinois, Massachusetts,' Michigan, New The 1952-53 biennium saw continua Jersey and New York, in particular,, make tion of the trend toward establishment of extensive use of such interim committees! new and reorganization of older service ; California in 1953 modified its Assembly agencies. Six new legislative councils were interim committee system by establishing established—in Louisiana in. 19^52 and in the post of Coordinator of Assembly In-- Alaska, Arizona, Colorado, Montana and terim Committees who will facilitate max Tennessee in 1953. Most of these are of imum use by these interim committees of the multiservice type, designed to supply existinglegislativeservicesand providecer- not oijly major research on important- tain house-keeping services, oversee adher problems between sessions but also to pro ence to uniform publication and printing vide a. variety of additional services, such policies, and provide for suitable custody as drafting, reference and spot research, of committee reports a. d work materials. etc. The establishment of the Ohio Legis A major development in the legislative lative Service Commission in 1953, con service field in. 1953 was the release.in pre- solidating all legi§lative services except the limihary form of the report of the Com Legislative Reference Bureau, has been mittee on Organization of Legislative mentioned above. New fiscal review Services, of the Legislative Service Con agencies were established in three states in ference. The Conference, created in 1947- 1953—a permanent Legislative Budget 48 and served by the Council of State Committee in Louisiana, a Legislative .Governments as secretariat, includes in its Ways and Means Committee in Wyoming, membership the legislative officers and and the post of Legislative Auditor as staff staff heads of the permanent legislative for the Joint Committee on Government service agencies in all of the states and and Finance in West Virginia. In Ar territories. The report.of the Committee kansas in 1953 a new Joint-Auditing Com on Organization of Legislative Services mittee was established independent of the was prepared to help legislative bodies de council, to oversee a post-audit of state fine the areas of service they need and fiscal operations. - organize service agencies in the most effec In the field of revision, California in tive and efiicient manner possible. •;; mSk TABLE 1 PERMANENT STATE LEGISLATIVE SERVICE AGENCIES Recom mends \ Spot Re- Continuous Prepares Substan \ search and Study of Budgetary Audits Reference Bill and tive legis P epares Counseling St. Reve- Review State Service Agency Library Bill Statutory Law Sum lative Research- .for nues and and. ExPen- Stale and Staff Head Facilitiei Drafting ~ - Revision maries: Program Repbrls Legislators Expenditures Analysis ditures Alabama. Legislative Council ChariM M. Copper. Secretary legislative Reference Service Charles M. Cooper. Director Dept. of Archives and History Marie B. Owen, JDirector Arizona.. Leaislative Council ' Mary Dennis, Executive Secretary . • Ju!e3 M. KlaKKe. Director of Research Dept. of Library and Archives Mulford Winsor, Director Arkansas. legislative Council. Marcus Halbrook. Director Joint-Auditing Committee, Division of legislative Audit Orvel M. Johnson, Legislative Auditor Histfiry Commission . Ted Worley.; Executive Secretary ^ California. Legislative Counsel Bureau •. Ralph N. Klepn. LeRis. Counsel Law and legislative Reference Section (State Library) Carma R. Zimmerman, St. Librarian Herbert V. Clayton, Reference Librarian .Joint I^gis. Budget Committee A. Alan Post, Leffia. .Auditor Law Revision Commission • Colorado'.., legislative Council • • Shelby F.'Harfjer, Director . Committee on Statute Revision * Charles M. Rose, Revisor of Statutes 'legislative Reference Office {Department :• of Law) Clair T.Sippel. 5>ecretary Connecticut. legislative'Council • Harry H. LUKK, Director legistntire Reference Department (State Library) • James Brewster, St; Librarian Muriel A. Naylnr. Chief legislative Research Department Robert A. Wall, Legis. Commisar. Delaware... legislative Reference Bureau * Andrew D.Christie, Exec. Dir." Florl^la.... legislative Council • legislative Reference Bureau . • •- S. Sherman Weiss, Director Statutory Revision o" Bill-Drafting Depts, (Office of Attorney General) Charles T. Henderson, Director ./' Georgia. State Library it Ella May Thornton, St. Libn. . • EiU Drafting Unit {Office of — Attorney G,eneral), • Attorney General Eugene Cook, Director Frank H. Edwards, Deputy Dir. Idaho.. Legislative Counsel (inoperative) — IlUnois. Legislative Council — Jack F. Isakoff, Director of Research Legislative Reference Bureau • ir Jerome Finkle, Exec. Secretary Budgetary Commission — Senator Everett R. Peters, Chairman Indiana. Legislative Advisory Committee — Herbert P. Kenney, Secretary Legislative Bureau -k Herbert P. Kenney, Director , • Iowa Legislative Reference Bureau •*• {State Law Library) W. R. C. Kendrick. Law Libn. Budget &* Financial Control Committee — Senator Jay C. Colburn, Chairman . -^ Kansas Legislative Council r .. •"• . -k Frederic H. Guild, Research Dir. Legislative Budget Committee . ' -^ • • (flf the Legis. Council) State Library ' . it • • . -!«6i •• tsJ Louise McNeal, St. Librarian Revisor of Statutes * —, • • •/. ' Franklin.Corrick, Revisor' Kentucky. Legislative Research Commission it • Arthur Y. Lloyd, Director Legislative and Law Library ' . it • (Dept. of Library and Archives) ~ 4/ Ethel G. Cantrill, Librarian FrjJnk Kayanaugh, Asst. Libn. Statute Revision Commission ' —^ • • Robert.W. Meagher, Reviser.of Statutes Louisiana. Legislative Council -, ' . — • Emmett Asseff, Exec. Director. Legislative Budget Committee • ' " '— (Vacancy) State Library -.it] Essae M. Culver, St. Librarian State Law Institute \ • . . — J. Iperison Smith, Director Maine..... Legislative Research Committee ;• —'• • • Samuel H. Slosberg, Director of Legislative Research f. Legislative Reference Sectioti {State. it ' Library) '-.•..*• Marion B. Stubbs. St. Libn. "' / Edith L; Hary, Law and Legislative • . Reference Librarian ^•'-- !_. /- / TABLE 1—Continued A^ PERMANENT STATE LEGISLATIVE SERVICE AGENCIES Re com mends Spot Re- Continuous .• Prepares Substan search arid Study of Budgetary Audits Reference BOiand tive Legis Prepares Counseling Si. Reve- . Reviev- State Service A gency Library BiU . Statutory Law Sum- lative^ Research for nues and and Expen- State and Staff Head Facilities Drafting Revision Prjigram Reports Legislators Expenditures'Analysis ditures .Maryland. LegislativejCouncil . ' ;•• i Carl N. 'Eversiine. Secretary • and Director of Research . Deparlmeni of Legis. Reference • • Cad N. Everstine, Director Slate Fiscal Research Bureau {Dipt, of • Legis. Reference) . - John S. Shriver, Director State Library .• • Gertrude E. Horigna. St. Libn. . Massachusetts. Legislative Reference Division {Slate Library) Dennis A. Dooley, Librarian EthelMl Turner, Legifilalive Reference Assistant I, Counsel to Senate and Counsel to House of Represeniaiives Thomas R/Bateman. Senate Courisel i Frederick .B. Willis, House Counsel House Ways and Means Committee Char(eB E.-Sbepard, Legislative Budget Director Mlchl^n. Legislative Service Bureau • Eugene F. SharkofI, Director Committee on Audit and Appropriations ^ • • C. J; .McNeill, Legislative Comptroller Minnesota. legislative Research Committee . Louis C. Dorweiler,Jr,, • Director of Research - State I^w Library Margaret S. Andrews, St. Libn.- Revtsor of Statutes • 1- William B. Henderson, Revisor / MUslssippi.., .Sjale Library ' • Julia Baylis Starnes, St. Libn. Revisor'of Statutes (Department of Justice) ' • Lester C. Franklin, Jr.,.Revisor of Stat utes and Assistant .'Vtty, General Missouri...., Commttlee on Legis. Research -I ^ William R. J^felson, Director of Research Edward D. Summers. Revisor of Statutes Montana...., legislative Council • /, • William R. .Vfackay, Chairman Legislative Reference Bureau {State Law Library) • ," ' '" Adeline J. Clarke, Librarian S o Nebraska. Legislative Council ' _ if -k Roger V. Shumate, Director of Research Revisor of Statutes — ic Walter D. Jamea, Revisor Nevada. Legislative Counsel Bureau — — J. E. Springmeyer, Legislative Counsel • Legislative Auditor {of the'Legislative —7 — Counsel Bureau) A. M. Jacobson, Legislative Auditor Statute Revision Commission — i^ Russell W. McDonald, Director Law and Legislative Reference Section ic -^ (Slate Library) ' Constance C. Collins, State Librarian New Hampshire.... Legislative Council — . — Rep. Eralsey C. Ferguson, Chairman Legislative Service (State Library) -Ar '— • .Mildred P. McKay, Librarian R. Maurine Brunner, Legislative Ref. . Librarian . ' ' Legislative Budget Assistant ^— —• k Remick Laighton /• New Jersey.. .iu^i^„..jr. Bureau of the Law Library (Division of the ^ —- k Slate Library, Archives and History. Department of Education) • Roger H. McDonough, Director, Division of the State Library, Archives and History - Margaret E. Coonan, Head, Bureau ot the Law Library to Law Revision 6* Bill Drafting Commission ' — ir_ U1 Charles D.eF. Besore, Chief Counsel, and Executive Director New.Mexico.. . • Legislative Council —. -r^j Jack E. Holmes,* Secretary Legislative Council Service ir "k k Jack E; Holmes, Director State Library ,. .-k — k Harrison MacDonald, Librarian New York. Legislative Reference Section (Stale Library) k — k Charles F. Gosnell, St. Libn. William P. Leonard, Legislative • Reference Librarian . Legislative Bill Drafting Commission — k John H. Conroy, Commissioner Law Revision Commission — k k John W. MacDonald, Exec. Secy. N'orth Carolina General Statutes Commission — — k • .(Department of Justice) Charles G. Powell, Revisor of Statutes Division of Legislative Drafting & ' — •^r Codification of Statutes . (Department of Justice) Max O. Cogburn, Director North Dakota...... Legislative Research Committee k k k C. Emerson Murry, Research Director • Ohio Legislative Service Commission k — '• • • John A. Skipton, Director Legislative Reference Bureau ^ . k k • Arthur A. Schwartz, Director TABLE 1—Continued PERMANENT STATE LEGISLATIVE SERVICE AGENCIES . Recom mends Spot Re- Continuous Prepares Substan search and Study of . Budgetary Audits Reference Bill and tive Legis Prepares Counseling St. Reve- Review Stale Service Agency Library Bill Statutory Law Surn- lative Research for nues and and Expen- Stale and Staff Head Facilities Drafting Revision • manes Program Reports Legislators Expenditures Analysis • ditures Oklahoma.; -^Stale Legislative Council Jack A. Rhodes, Director Legislative Audit Committee {of the Legislative Council) Paul S.Cooke, Legislative Auditc Legislative Reference Division (State/Bibrary) Ralph Hudson, St. Librarian — • Oregon Legislative Counsel Committee • • • (beconUs operative Jan. J, IPj State Library • . Eleanor S. Stephens, St. Libn. Josephine Baumgartner, Legis. • Reference Librarian ' "^ Pennsylvania...... Joint Stale Government Commission Guy W. Davis, Director Legislative Reference Bureau S. Edward Hannestad, Director- „/ Stale Library Douglas A. Portzline, Acting Dir. Rhode Island. Legislative Reference Bureau{Slate Library) • : Grace M. Sherwood, St. Libn. ^ • Mabel G. Johnson, Legislative Reference Librarian Assistant in Charge of Law Revision {Office of Secy, of State), Maurice W. Hendel, Assistant in • . Charge of Law Revision South Carolina. Legislative Council L. G. Merritt, Director Code Commission John Gregg McMaster, Code . .' Commissioner . South'Dakota Legislative Research Council \V. O. Farber, Director of Legislative Research • Revisor of Statutes Leo D. Heck, Revisor and Supreme ^ Court Reporter / Tennessee ' Legislative Council • Thomas A. Johnson, Director • ^ • Legislative Reference Bureau / Harold V. Miller, Chairman - /• • Margaret Pouder, Secretary State Library and Archives Dan Robison, State Librarian and .A.rchivist Code Commission Justice A. B. Neil. Chairman Texas. Legislative Council . '' '"' "" • A, W. Worthy, Acting Director Legislative Reference Division (islale Library) Doris H. Connerly, Legislative Ref. Librarian Legislative Budget Board • • (a) Vernon A. McGee, Budget Director Legislative Audit Committee C. H. Cavness, State Auditor • Utah. Legislative Council ' ' Lewis H. Lloyd, Director Vermont. Legislative Reference Bureau {State Library) t Ethel Knight, Acting St. Libn. H^el Chislioltn, Asst. Libn. Virginia. Advisory Legislative Council John B. Boatwright, Jr., Secy. Division of Statutory Research and Drafting John B. Boatwright, Jr., Dir. Code Commission Washington.. Stale Legislative Council . Donald C. Sampson, Exec. Secy. Stale Library Maryan E. Reynolds, St. Libn. Legislative Budget Committee • Paul W. Ellis, Legislative Auditor • ^P Statute Law Committee ^ Richard O. White, Reviser , West Virftinia.-..... Joint Committee on Government and Finance (b) • , C. H. Koontz, Legislative Auditor Wisconsin.... Joint Legislative Council • Earl Sachse. Exec. Secretary , Legislative Reference Library • . M. G. Toepel, Chief Revisor of Statutes • James J. Burke, Revisor Wyoming. . . .^?'.... Legislative Interim Committee • E. L. Newton, Exec. Secretary State Library May Gillies, State Librarian Permanent Ways and Means Committee ^' Senator Robert J. Rymill, Chairman V . • • ... y Alaska Legislative Council Jack F. McKay, Executive Director Hawaii Legislative Reference Bureau Norman Meller, Director (a) Also reapoiiiiible for preparing^ state budget. (b) Carries on interim research program in conjunction with Commission on Interstate Cooperation. 128 THE BOOK OF THE STATES TABLE 2 LEGISLATIVE COUNCILS AND COUNCIL-TYPE AGENCIES Number of Members Term 1953-55 A Appropriations ReP- •. Ex- 'for Council re- Officio Year and-Research senta- and No. of state Agency Created Service Total Senators lives Others Years Alabama Legislative Council 1945 . $86,500 12 4 . . 6 2(b) 2 Arizona. Legislative Council 1953 100,000 12 5 5 2(b) 2 Arkansas Legislative Council 1947 81,200 20 6 11 3(e) 2(0 Colorado. Legislative Council .1953 12;500(h) 13 5 6 2(b) 2(0 Connecticut Legislative Council 1937 67.027 18 4 8 6(j). 2(f) Florida Legislative Council 1949 102,500 18 8 8 2(b) (1) Illinois Legislative Council 1937 98,640 (c) 22 10 10 2(b) 2(p) Indiana. Legis. Adv. Commn. 1945 82,160(r) 8- 3 3 2(b) 2 Kansas.. Legislative Council 1933 142.000(t) 27 10 15 2(b)- 2 Kentucky Legis. Res. Comnin. 1936(w) 166,000(x) 7 (y) (y) .7(y) (y) Louisiana • Legislative Council 1952 120,000(x) 18 8. 8 2(b) 2 Maine. ^ . Legis. Res. Coinm. 1939 70.955 (z). 10 3 7 2 .Maryland Legislative Council 1939 3S,000(ab) 20 6 6 8(ac) 2(0 Mh^nesota Legis. Res. Comm. 1947(w) 110,000 18 9 9 2(ae) Missouri.'. Conini. on Legis. Res. 1943 190,000(c) 20 10 10 (ag) Montana Legislative Council ;9S3 30,000 8 4 4 2 (ah) Nebraska\. Legislative Council 1937 68,276 43(aj) 43(ak) (ak) (aj) Nevada Legist Counsel Bur. 1945 74,256 4 2 2 (am) New Hampshire Legislative Council 1951 6.000 15 3 9 3 (an) 2(ae) • New Mexico Legislative Council 1951 60,000 (c) 9 3 4 2(b) (ao) North Dakota ....-. i Legis. Res. Comm. 1945 . 40,000 (c) 11 s -• .6 2 Ohio. .i Legis. Service Commn. 1943(w) 250,000 14 6 6 2(au) ' 2(0 Oklahoma State Legis. Council 1939(w) 100,000 (ar) 167(aj> 44 • 123 (aj) Pennsylvania.. .' Joint St. Govt. Commn. 1937 300,000 26 12 12 2(au) 2(0 South Carolina Legislative Council 1949 122,208 3 3(bd) (td) South Dakota Legis. Res. Council 1951 60.000(c) llO(aj) 35 •75 (aj) Tennessee. I-egis. Council Comm. 1953 50,000 11 3 6 2(b) 2(0 Texas. Legislative Council 1949 141,980 17 5 10 2(b) (ax) Utah Legislative Council 1947 40,000(c) 13 4 .^4 5 (ay) 2 Virginia Adv. Legis. Council 1936 35,760(c,x) 11 4 7 2(0 Washington...... State Legis; Council , 1947 100,000 (az) 21 9 10 2(au)'. 2(ae) Wisconsin Joint Legis. Council 1947 70,000(c) 15 5 8 2(au)^ 2 Wyoming , Legis. Interim Comm.. 1943(w) 60,000 12 6 6 2 Alaska. Legislative Council 1953 41,416 (a) Excluding cx-officio members. (q) Approval of the Executive Committee is required in the (b) President of Senate and Speaker of House are nained ex- appointment of Senate members. officio members in statute. "~ . ("•) Appropriations to Commission made through the Legisla (c) Excludes earmarked appropriations for special studies or tive Bureau. ~~- other specified purposes. . (3) Indiana, President of Senate named Chairman; Kansas, Monthly meetings required in October, November, Decern-- President of Senate named Chairman and Speaker of House (d) ber, and January of each year, other meetings at such times Vice-chairman; Kentucky, Governor named Chairman but as- the presiding officer may determine. may designate Lieutenant Governor to act as Chairman: Ex-officio members include Lieutenant Governor.; Speaker Maryland, President of Senate named Chairman and (e) of House, and one legislator named by the Governor to Speaker of House -Vice-chairman; Oklahoma, Chairman represent him on the Council. ship alternates each session between President-Pro Tem of- Members appointed to serve until next regular session or Senate and Speaker of the House. . (f) until successors selected. (t) Plus re-appropriated unexpended balance of $57,588. Members chosen by Congressional District Caucus of Sena (u) Appointment of members subject to approval by respective (g) tors and Representatives respectively. . . houses. (li) Kor fiscal year 1954. (v) Travel plus $7 per day. (i) .Members serve until appointment of successor or termina (w) Kentucky, Legislative Research Commission replaced Leg tion of term of office in the .legislature. " islative Council created in 1936; Minnesota, Legislative Re I're.^ident Pro Tem of Senate, Speaker of House, Majority search Committee established as a temporary commission (i) aiid Minority Leaders of Senate and House are named ex- in 1947 became permanent in 1951; Ohio, Legislative Serv officio members in statute. • ice Commission replaced Program Commission created In Senate and House members of each political party elect 1943; Oklahoma, Legislative Council was created in 1939 (k) Council members. The President Pro Tem of Senate and but not activated until 1947; Wyoming, Legislative Interim Speaker of House appoint the Senate and House member Committee, re-created each session since 1943, was made ship in the event that the legislature fails to elect the mem permanent in 1951. bers. (x) 1952-1954 bienniiim. (1) Members serve at pleasure of House and Senate respec (y) Legislative Research Commission composed ex-officio of tively. Governor, President Pro Tem of Senate, Speaker of House, (m) .After general election vacancies are filled by remaining Majority and Minority Floor Leaders of House and Senate. Council members. Members serve for term of office. (n) Chairman and Vice-chairman are elected by Council mem (z). Includes cost of printing session laws, bership, one representing each house. Customarily the aa) Chairman appointed.by President of Senate, House Chair chairmanship rotates between'the House and Senate. man by Speaker of House. (o) Annual meeting in January, all others on call. fab) For fiscal 1954. (P) Term is for two years except that a Senator appointed at (ac) Members named ex-offido are President of Senate. Chair the beginning of a new term serves for four years.i man of Senate Finance Committee, Chairman of Senate \ % LEGISLA TURES AND LEGISLA TION 129 TABLE 2—Continued LEGISLATIVE COUNCILS AND COUNCIL-TYPE AGENCIES Method of Selec tion of General Legislative Statute Requires Member- Representation Meetings ship(a) of Officers Required Compensation -^ Selected Con by Legis- Politi- gres Elected At lalure cal sional by least 0)dy AP-. or Con Par Dis Ex Mem- Quar- on Per Ex- : pointAl gres ties tricts Officio bership .lerly . Call Diem • penses i by Pre sional siding ' District Officers Caucus • S.. • Alabama (ad), • (d) 15 Travel , .Arizona (g) (g). • • 15 Travel ..., .-Arkansas • • • • . .Colorado (k).. (k) • • • . 20 • Connecticut • (m) • (n) (o) • ....Florida (Q) • • • Illinois •(s) • 10 • Indiana • • •k(s) 5 • (v) Kansas (u) • • (s)- • 15 Travel . . . .: Kentucky 20 Travel Louisiana •. £, • (bo) 10 • Maine • " . (ad) • (s) 20 Travel ... Maryland (u) (af) • (af) • • • ..Minnesota (af) • • Missouri • • • Montana (ai) • (al) • Nebraska • • Travel Nevada • • • New Hampshire • • 15 Travel New Mexico (ap) • • 10 • North Dakota • • • Ohio (as)- • (s) • (at) • (at) Travel Oklahoma •. •. 15 Travel .Pennsylvania • (bf) 10 ...... South Carolina • 10 • ..South Dakota • (a.v) • • Tennessee • • • .....Texas • • r .Utah • • 10 • Virginia (u) • • IS Travel Washington (ba) • • • Wisconsin • • • • u • ~ Wyoming • (be) 20 „ Travel Alaska Judicial Proceedings Committee, Miriprity Floor J.eader Congressional districts are represented on the Committee. of Senate, Speaker of House, Chairman Of House Ways and (at) Executive Committee meets quarterly; full Council meets • Means Committee, Chairman of House Judiciary Com- on call. . mittee, and Minority Floor Leader of House. (au) President Pro Tem of Senate and Speaker of House are (ad) Appointees representative of all sections of the state. named ex-officio members in statute. (ae) Members are appointed during or after the legislative .TC-I- (av) Chairman chosen by E.xecutive Board of Council. sionand serve until the convening of thene.xt regulM (aw) E.ich of the three grand divisions of the state must have at .session. least three representatives on Council. (af) House members appointed by Speaker, one from each con- (ax) Members appointed during or after the legislative session gressional districtr Senate members chosen by caucus of . and serve until convening of the next regular session, Senators from each congressional district, one from each resignation, loss of membership in legislature, or failure to district being selected. secure nomination or election to membership in legislature. (ag) Members serve for term of office as member of the legisla- (ay) Three public members, one appointed by Governor, one ture. appointed by Speaker of House, and one appointed'by (ah) Members serve until end of next regular .session. President of Senate. President of Senate and Speaker of • (ai) House members appointed by Speaker, Senate members House are named in statute, but may choose to apt>oint by Committee on Committees. » . substitutes to serve in their stead. (aj) All members of legislature are memliers of Council and (az) Council does not receive direct appropriation. This, is serve.for period.of their terra in the legislature. amount budgeted out of total legislative expense appro . (ak) Unicameral legislature, priation item. (al) Full Council is required to meet at least once each bien- (ba) Assembly members appointed by Speaker; Senate mem niutn and may meet at other times on call of Chairman, bers appointed by Committee on Committees as other (am) Metnbers serve until successors elected and qualified, committees are chosen. ~~- • (an) Governor appoints three citizen members of which two are (bb) Representation from each of four Judicial Divisions. of majority and one of minority party. (be) Three meetings per biennium. required by law; other (ao) House members appointed for term of two years, Senate meetings on call of Chairman or upon written petition of members for four-year term, twfe members. (ap) House members chosen by Speaker of House as other com- (bd) President of Senate, Speaker of House, and Code Com mittees are chosen, from list of nine recommended by each missioner, comprise membership and serve for term of political faction and equally divided between factions. office. . . Senate members chosen similarly by Lieutenant Governor. . (be) There shall be at least three regular meetings e.ich year. (aq) House members appointed by Speaker of Houge, Senate (bf) Three regular meetings required each year between ses- . members by President Pro Tem of Senate. sions. During sessions Council meets on call of Chairman (ar) Includes appropriatioa for Audit Committee, or majority of members. . . (as) Executive Gommittee appointed by presiding officers; / THE STATE LOBBY LAWS* OBEYING laws and practices have re- declared uncoristitutional on substantive mained relatively unchanged during grounds. However, should the United I-^recent years, but both at the state States Supreme Court agrisc with the re- and federal levels study of the adequacy cent decisions of district courts, on the Con or inadequacy of existing legislation, and stitutional issues raised, the federal law movements" for stronger regulation, have would become inoperative.^ A number increased. In particular, various groups of the state lobby law*s'hUve'sections very have held that much of the existing legis- similar to the federal law. For example, lation is in need of revision and more cf- eight states and Alaska provide for disbar- fective enforcement if the elementary in- ment of lobbyists for a period of three tention of the laws is to be achieved, years after conviction. This has been de- namely to publicize the activities of the clared unconstitutional, in unequivocal lobbyists and their employers. language by the Federal District Court. The federal lobby law is in process of Apparently the United States Senate has restudy by the United States Senate Cora- begun its task of revision none top soon, mittee on Government Operations, with The National Association of Attorneys a view toward revision. This follows sev- General at its annual meeting in 1953, not- eral challenges in the courts- in which iiig the need in the public interest of "efFec- crucial sections of the law have been held tive and adequate state laiws regulating iinconstitutional. On March 17, 1952, in the activities of lobbies and lobbyists," re- a case brought by the National Association quested the Council of State Governments of Manufacturers, the Federal District and its drafting committee "to study and Court declared sections 303-307 of the to.develop suggested legislation dealing federal law unconstitutional as contravcn- with this matter." ing the due process clause of the fifth A 1953 survey indicates that bills con- amendment in failing to define the offense tinue to be introduced in the state legisla- with sufficient precision and to set forth tures to amend existing statutes or to an ascertainable standard of guilt. From provide laws, modeled on existing federal, this decision the govefnment appealed to and state legislation, that would regulate the United States Supreme Court, and on lobbying for the first time in some states. October 13, 1952, the court dismissed the Such bills largely failed of enactment in case as rrioot, without passing on the con- 1953. South Carolina, however, enacted stitutional questions inv'olved. . In United an amendment to its statute requiring the States V. Harriss, on ]2in\idSY 2)0, 1953, the lobbyist and his employer to file state- District Court held section 308 of the ments of appearance; it provided that lobby law unconstitutional in that the "before any such employee or agent shall penalty "in addition to.a fine or.imprison- be permitted to appear in the interest of, ment, or both, ... proscribes any person or present the cause of his employer, ^f/or^ connected with the statute from attempt-' any committee of the General, Assemb/jyy.h^ ing to influence the passage or defeat of ahhouhce or cause to have announced his legislation for a period of three years—a name as well as the name of his employer violat4)a>n of the • constitutional right of ,^ ,, u n mn .u c o . u u .. ^ 55 •!-. On March 9, 1953, the Supreme Court held every citizen to petition Congress." From Dr. Edward A. Rumcly of the Committee for this decision also the government has ap- Constitutional Government not guilty of con- pealed to the Supreme Court. tempt of Congress when he refused the request of . None of the state lobbv laws has been the Buchanan Committee inquiry^into "indirect ' lobbyingv^to divulge the names of purchasers of *Prepared by BELLE ZELLER, Professor of Pbliti- large quantities of .a book distributed by Dr. calScience,BrookIynCollege, Brooklyn, New York. Rumcly's organization. .•'^ •. - ' 130 LEGISLATURES AND LEGISLATION 131 or principal, and the fact of his registra- "or attempt to dictate any policy or dispo- tion, as required . . ." {Italics supplied.) sition of matters coming before . these Among interesting items that failed of boards." Such persons "shall at each and enactment in 1953 was a resolution in the . every meeting of the boards before any . Senate of Maine that .provided "no regis- service: is entered upon, file in the office tered legislative agent or counsel shall be of the Secretary of State a declaration . . . present at a session of the Senate during stating the narne or names of the person, consideration of any measure which he has firm, corporation or association, by whom supported or proposed on behalf of his or on whose behalf he is retained or em- employer during the legislative session." ployed, together with a brief description of The Vermont legislature received but did the matter in reference to which service is not enact, a bill to require registered legis- to be rendered." Compensation contingent lative agents and counsel to file expense upon the passage or defeat of any matter statements within thirty days after ad- before these boards is prohibited. The journment of the legislature. Several bills statute also requires the filing of itemized were introduced in Wisconsin to extend expense statements with the Secretary of the period of disbarment of convicted lob- , State by the agent or counsel and his em- byists from three to five years. Both in ployer within thirty days after final ad- '*Massa;chusetts in 1953 and Rhode Island journment of each session of the board in 1952 bills were introduced to study the before which an appearance was filed.^ effectiveness of their lobby laws, which In 1951 the Wisconsin legislature, fol- now require the filing of appearance and lowing passage of a billestablishing an ad- expense statements, and the Rhode Island visory committee to be appointed by the bill passed the House. Governor to assist the Department of The Kansas lobby law was a matter of Agriculture in establishing food definitions wide public attention in 1953. A select and standards, stated that "whoever prac- committee of the Kansas legislature recpm- tices promoting or opposing the making mended that the law be revised and of regulations . . . before the department amended to prevent "an attempt to influ- ... or the advisory committee . . . shall be ence, in any manner, the act or vote of any deemed a lobbyist" and be subject to the member of the legislature, directly or in- provisions pertaining to restrictions on directly."^ practice of lobbying. The Secretary of . . State is required to prepare a docket for APPEARANCE BEFORE ADMINISTRATIVE registration similar to the one for other OARDS lobbying registrations; The reports and Recommendations have been made re- statements "shall be made within ten days peatedly in recent years that the regulatory after the end of each calendar half >ear provisions of the lobby laws be extended and shall cover the preceding half-year to cover persons appearing before admin- period."* - istrative agencies. In this connection •„ ^ ^ A : practices in Louisiana and Wisconsin are ^HE CALIFORNIA LOBBY ACT interesting. In Louisiana, although r^gis- In. 1953, the Special California Senate tration is not required for lobbyists ap- Committee on Legislative Representation, pearing before legislative bodies, it is re- in accordance' with the mandate of the quired for persons "retained or employed lobby statute.enacted in 1950, examined for compensation" who promote or op- the administration of the law. The com pose, directly or indirectly, "the passage mittee reviewed all the registration papers, of any resolution or other matter then {Concluded on page 134), : pending" before the Board of Liquidation aTouisiana Revised Statutes 1950 49- 71-76 of the State Debt, State Board of Apprais- «chapter 713 of the Laws of 1951. In Wisconsin, ers, State Board of Equalization, State life insurance companies, as a condition precedent Board of Education or any state board that tb transacting business, must file with the Com- performs any of the duties of these board's, "^issioner a statement showing in detail bills ^ ,v ^ ' opposed or promoted during preceding years, the *See Kansas Journal of the House, March 27, state in which such legislation was pen^ng,'names 1953, pp. 12-13. of counsel, their compensation and expenses. 132 THE BOOK OF THE ,STATES STATE REGULATION OF LOBBYING* Laws Legal r-r-. Penall limited to distinction: .Three years improper Registra "Counsel" Financial Contingent disbarment lobbying tion and report payments Imprison- after State • prdctices(a) required "Agent" required prohibited Fines ment conviction Alabama.. .' ic • .... Not less than 1-2 years .... $500 and ' • • ...... Not over .... 5 years Arkansas...... • • • • California . • • • Not over Not over • §5.000 and/or 1 year • (b) • ; Connecticut..., • . •' • . • . • • Not over- Not over .;.. Si,000(c) and/or 1 year ""~" Delaware...... -. •. • .•'••• Florida... • . . « ...... Not over .... 20 years(d) • Georgia * ..... *- . • Not over Not over • • • • • „ . $1,000 and/or 6 nios. • • ...... Not over Not over • .... • $200 and 6 inos. Illinois .... '. ... - •.•.•...• '"•.•'•.•: . • • • -.'^ Indiana . . ..-.. , :• • . • $200- i nios.- .... • -'.. '*•';• $1,000 or • 1 year Iowa...... ; •(b) .... • • • • Not ovei-"" • Not over ' • $5,000 and/or ' 1 year ' Kentuclcy. .•' •. • • Not over Not over $5,000 and/or 5 yrs. K Not over $1.000(e) • « • • '• . .... $200-S2,000 6 nios.- .... a«d 2 yrs.(t) *»-,„ --;••••,• .... •A- S100-$500 ...... •"/ .. $100-S1.000" ..:. , • ^^•• Maryland.. .• . • :>::• * Massachusetts...... • • • • . S100-S1,000 ..:. •(g) * • Michigan... • .... •(ii) • ic S200-S 1,000 3 inos.- .... "or 1 yr. :... ;•. ;' . : Minnesota...... • • •: • '• • • Not over Not over Not over $1,000 and/or 3 yrs. • 6 mos.(i) Missouri. . . • • . ... '. $100-$500 10 da.- .... . ;. . and 1 yr..: . Montana. • -k • Not over . '.- • 5 yrs. , Nebraska.,.'. •k • • •" . Not over •- • •••;, .-• • •. Sl,(M)0(c) and/or ^ y- . - LEGISLATURES AND LEGISLATION 133 STATE REGULATION OF LOBBYING*—Continued Laws . Legal -Penalties for Violations^ limited to dittinction: Three years iiiifrpt'cr RcRislra- '*L'OIIII.HI" Finiincial Contingcitt disbarment lobbyini; tioit and report paymenls hnprison.-' after Stale t Nevada...... New Hampshire... Nut Dvcr Xot oviT SI.OOO, .S yr:;.(«i) New Jergey.... . New Mexico. New York • ' • Xi)t over -Xot over Sl.OOOfo) -.md/or 1 yrr North Carolina • • • • S.SO-SI.OOO .Xot over aii(l/or . . 2 yr=. North Daliota..... • Sioo-si.nnoi'jr S200-S.S,00()fe) Ohio ...... S2()0-S.=i.0()(» 1-2 vr.-;. •*-•• and,'of Oklahoma...... • fni)' S200-SI,000or 10 da.- 1 yr. Oregon...... S50-S50() or •i nios.-l yr • Pennsylvania..... ^: • • • sino-si.ooo Rhode Island. . ..; S2()0-S5.()()()fe) • • S25-$i:()0 or Xot over South Carolina. . . 30 da. sino-s 1.000 South Dakota * SJI)()-$.i,0()0(e) 2-5 yr.s. Tennessee '. .• Texas'. >....' .•(b) S2OO-SJ.00O 6 in(j.<.- and 2 yrr^.ff) Utah S.SOO-S10.0()0(k) Xot over .5 yr=. S100-S500 Vermont • . • • t • • Virginia • : •. S5.0-S1.000 Xot over and/or 1 yr. Washington.. :. / West Virginia..... SSO-S200 and 10 da.- . 6 tnos. Wisconsin • sioo-si.ooori) S200-S5,UOO(e) Wyoming. Alaska... SlOO-SI.OOOui) -Xot more S200-SI,000or tlian I yr. •Prepared by BI:LLE.ZIJI.I.ER. Professor of Political Science, Texas, penalties imiK)sed for illcKiil practices as defined by Brooklyn ColIeKO, Brnoklyn, New York. statute. - (a) lixclnsive of bribery, Provisibna may also be found in.the (K) .Massachusetts proviilus that disbarment run until the constitutions of the following states: -Alabama, .-Nrizona, termination of the third rcKuIar (aiinualj.session. Arkansas,^ California, Colorado, Uelaw.-ire, (Ii'or.nia. Kentucky, (h) ICxpi-Mise statements kci)l in custody of leyislativo asent Louisiana, Maryland, Montana, New .Mexico, North Uakola, '. or his employer for a period of six years. Oklahoma, Pennsylvania, South Dakota, Texas.-WashiiiKton, .(i) I.onser term in state prison or penitentiary, shorter term West V'iruinia, \Vyotni;iK. ' . with or without the line in county jail. If corporation or' ~ (b) Required by the rules of the. Colorado House of l ^ 134 THE BpOI^ OF THE ST A TES letters of authorization and evidence of ting legislators under obligation to thern. good moral character submitted i by the "The purpose of the lobbying regula "legislative advocates" for the sessions of tory law is to compel these people to 1951 and 1952. The committee indicated show the amoun-t of money they spend that it had issued certificates of registration 'and who they are employed by. "to 363 persons during the general session "I believe these bills passed by the of 1951 and to twenty-three more during recent session of the legislature would the budget session of 1952. Prior to ap weaken the existing lobbying regulatory proval of persons for a certificate of regis law, I don't believe these bills are in the tration, the Committee had published iri public interest and therefore I don't in the Journal of the Senate the names of those tend to sign them."^ persons to whom it proposed to issue cer tificates. During five days after publica NUMBER OF APPEARANCES AND tion of this list, complaints could be filed.. EXPENSE STATEMENTS Certificates were denied to three persons However, in Californiia the fixing, of against whom complaints had been .is responsibility for the periodic checkup of sued; in all, eleven persons were denied, the administration of the law is undoubt certificates for the two sessions. edly an important factor in the large.num : From January 1, 1951, to-April 30, 1952, ber of reports filed ev^en for a sixteen-month 422 persons.had registered and some 2,100 period. In Kansas, also, the number is monthly expense reports were filed. Eighty- large; 365 legislative agents and 125 coun ^six persons filed no monthly.expense re sel registered in 1953.~ For other states the ports; some forty-nine were active for less range varies widely. In Georgia, where than two months during this sixteen month the,loWjy registration fee is S250, th(y:^ period, with expenses of less than $1,000 havebeen'^nb registrations since 1941. For each. An additional 147 spent less than S500 the regular session in 1953 there were three during the period, and thirty-two others in Idaho; in South Carolina eleven; in the reported expenses between S500and SI |000. Oklahoma House sixty-one, in the Senate It was the comnriittee's belief that from 75 fifty-four; in New~ Hampshire sixty-one to 85 per cent of the expenses reported lobbyists and seventy-three employers; in were for personal living and travelling. South Dakota sixty-four Ibbl^yists ancjjlOl The Califcrnia Senate committee con employers; in Vermont eighty-one; in cluded its report wi^h a list of nine recom Indiana ninety-four; in New York 113; in mendations for revision of the lobby law, Maryland 119; in North Dakota 137; in practically all of which were incorporated Iowa 143; in North Caroliha 152; in Wis in three bills.^ These bills—the'prirjcipaj consin 254 lobbyists representing 373 em one would no longer require lobbyists to ployers"; in Florida 303 lobbyists represent list living, travelling or office expenses— ing 299 employers; in Michigan 310 (lob- were. all pocket vetoed by Governor Earl. r- bVists do not re-register each vear if re- Warren, who stated: / '^i tained by the same employer); in Maine "Lobbying has become---a/tremendous '^^342 lobbyists and 187 employers. During business". . . In California there ar| the legislativ^e sessions of 1952, sixty-nine about three or four lobbyists for every Registered in Kentucky; in Virginia eighty- legislator. Most of them represent legit eightjobbyists and 109 eipployers; in Mas-" imate interests and present their, views sachusetts 295. fairly and through proper ,channels.. , • .^^3:^ampling of the expense statements "But there aris many who Bon't believe •• indicated that in 1952-,'in Kentucky, sixty- in going through the front door. They . five expense statements totaled $55,984 want to' do things in srnoke filled rooms, ; and in Massachusetts 291 totaled §283,121; bars, and other places.' / for 1951 in Massachusetts 299 expense "They literally have hundreds of dcr statements totaled $423,060; in Nebraska vices for influencing legislation and puT- sixty-nine totaled $116,'800; in New Hamp- ishire 118 totaled $66,715; and in South .^SenatebillsNo. 791,79,5,796 {\9S'i).See report TJakota'sc'venty-two totaled $56,298. of the California Special Gommittee on Legislative Representation, 1953 regular, session, page 15,>,„i> ; " ^The Sacramento 5?;?, July 3, 1953.".^ . / / ¥ • • 2 ^;; Legislation TRENDS IN STATE LEfelSLATIpN, 1952-.53 IXTEEN legislatures met in regular ses which precise prediction of revenue was sion in 1952 and forty-four in 19.53., particularly difficult. S/More, than a third of the states also had special sessions in one or the other of FINAN'SE" the two years! Because of the combined pressure of in- '/^•••^'•\>j[ .-it'y • Else^'hercin this yolume, sections,on, sep-, ..flation and- larger demands' for govb'Vn-'. arate fields of state activity include treat mental services, ;appropriations were gen ment of important legislation in various erally at record levels." This continued a categories ^icinacted during the biennium. trend that had obtained for years. Thus Tliis chapter summarizes overall trends. total general expenditures of the states as Moderate expansion of state govern-"" reported by the Bureau of the Census had mental services—ip a tim^e when the Ko risen year after year from about $5.2 billion rean war and uncertainties as to future in in.l946 to $9.5 billion in 1948, $12.3 bil ternational developments complicated all lion in 1950 and $13.7 billion in 1952. • In governmental planning and legislation- two states, California and New York, al?- A was the prevailing trend of action by the hual appropriations in 1952 and 1953 each, legislatures., ^- . exceedd $1 billion. In California the - Gn the one hand, rising populations, in figure was $1,280 million in 1953, some creases in school enrollments, needs for what higher than in the previous year; iii extensive highway construction and con New York the 1953 total, $1,089.million, tinuing demands for health and welfare was about $20 million under the record services all prompted expansion. Appro \high of 1952-^iri contrast to the general priations likewiise reflectcdthe rise in price trend among the states to higher levels in- levels since the legislative sessions of 1950 1953. • . .. and 1951. V As had been the case for years, the in On the other hand, uncertainties in flation that contributed to state govern- herent in the world sitiiation imposed spe rhental costs also resulted In increased cial, caution. iDuring all the sessions of revenues from existing taxes and tax rates. 1.952 the war in. Korea was in full swing. For the most part, legislatures were"aWe to In 195.3 most of the legislatures met and rely during the biennium just closed on acted before the "truce in Korea, without taxes already in effect, augmented by knowing wheth'er a truce was likely soon, funds from surpluses remaining from ^e and without means of knowing what effect period of World War II. Fewer than a a truce, if reached, would have on the in third of the legislatures meeting in 1953 flationary forces the Korean war had., enacted new taxes or raised tax rates—the strengthened. They recognized, however,, smallest number of any odd year since the that a transitional period was at hand, in war. Four states adopted legislation to in-? .135 < 136 THE BOOK OF THE STATES crease revenue from sales or income taxes, brought the regulatory boards under the but three: otliers reduced income taxes. budgetary control of the Governor's budget Most of the increases were in the special agency, overhauled the purchasing system excise field, primarily motor fuel and mo and established a Departiiient of Stand-. tor vehicle taxes. --(See "Receiit Trends in ards and Purchasing. . ^ State Taxation," page 214.) - Because of the lessened purchasing value of the dollar and ih order to attract com ORG.^NIZ.\TION petent men and women to s|ate, govern The growing magnitude of state govern ment, numerous lc?^islaturcs!| during the ment, its costs and the resulting fiscal prob biennium raised salaries for -stiite adminis lems continued. to reinforce the desire of trative personnel of various-categories. A administrators and legislators to improve few increased legislativereinuperation., No. the organization, facilitics,and procedures less than twenty-four raised tfe coinpensa- of government in all branches-^legislati^re, , tion' of justices of their courts of last resort, aidministrative and judicial. This was the and more than a third of the states raised means, as numerous study commissions salaries of judges of trial --^ourts of general' had pointed out, by which the quality of jurisdiction. Retirement-systems in the expanded services could be maintained state services were strengthened, notably . and augmented, with economieal perform through authorization of Old-Age and ance. Much legislation in'this area re- Survivors Insurance for eligible employees suited in the biennium. by various of the states that had not pre • Examples of action in-1952 include e.x- viously legislated for it. . ._ pahsiori of the mci-it system in Georgia, (Fbr-'treatment of organization and pro submission of a constitutional amendment cedures in the three branches of govern to the people in Kentucky for shortening ment see "Legislative Structure and Pro the-state ballot to four official?, establish cedures," page 95; "Legislative Service ^ ment of a Department of Audit in Missis Agencies," page 119; "State Administra-' sippi, and a program of court reform in tiveReorganization," page r55; and "State Rhode Island. Judicial Systems," page, 431.) •EhactmentSM^f, 1953 included provision of new departments or other machinery to • ST.\TE SERVICES. coordincTte fiscal management, improve As in everv recent vear, legislature after ment of personnel and civil service sys legislature acted to improve elementary, tems, consolidation of functional manage secondary and higher education. Many ment, and creation of new legislative • states increased their aid for school opera councils. Affecting administration, for ex-, tions, construction, salaries or teacher re- ' ; ample, the Arkansas legislature reorganized tiremcrit. -Other legislation was directed the state government's fiscal structure un to improvement in state administrative der a Gode sponsored by the Governor. systems for education and better district With other related riioves it abolished the organization. Ofiiee of the State Comptroller and the Provisions for loans to local districts Fiscal Control Board and established a .were one of the means offered to assist in Department of Finance and Administra^ the pressing problem of school construc tion with wdde responsibilities, under a tion. Thus Indiana's legislature in 1953 Director appointed by the Governor; a authorized loans from the state conimon Division of Legi-slative Audit, for ain inde school fund to local school holding corii- ;; pendent post-audit of expenditures, also panics for construction of new buildings, was established. The Kansa's legislature and North Diikota's legislature in the same set up a- jnew Department of Administra- vQar established .a S5 million revolving . tion^o consolidate budgeting, accounting, fund for construction loans to local school purchasing and personnel procurement. districts. South Carolina increased to $13.3 In a series of measures the Tennessee legis- niiUion the state sciiool construction fund, lature estabfished a Departrrient of Mental for aid to the localities. South Dakota Health, reorganized the Civil Service Com- autliorized school districts to levy a 10 per nlissioh and the Conservation Commission, cent a^c^iissior>s. tax, the proceeds to go •••^. LEGISLATURES AND LEGISLATION 137 into a school-building fund. .drivePslperinit—Several states enacted or Important enactments of .the biennium strengthened financial responsibility laws affecting statewide adrhinistration of the applicable to drivers, schools included that of Iowa, effective in (Sec "State Highway Systems and Mo- January, 1955, abolishing the elective posi- tor Vehicle Regulation," page 264; "High- (tion "of State Superintendent of Public way Safety Regulation," page 276; and Instruction and establishing a nine-mem- "Recent Trends in S.tate Taxation," page %er State Board of Education, which will 214.) appoint the administrative head of the In the fields of public health andwel- Department of Education. , fare, measures for irriproved and expanded Increased support for higher education mental health services were prominent, was general. One riotable development was Action included creation of a Department; provision in 1953 by Alabama and Georgia of Mental Health in Kentucky and a Men- of loan programs for medical students to tal Health Comrhission in South Caro- iencourage practice of medicine in riiral Una, both in 1952, arid establishment of a areas-T-similar to the medical-education Department of Mental Health in Tennes- loan program. launched in 1946 by Miss- see in 1953. Considerable legislatidnWas issippi. Three states, during the biennium directed to combat alcoholism; for ex- —Arizona in 1952 and Idaho and Wyo- ample^ the Irldiana legislature in 1953 pro- ming in 1953—ratified the Western Inter- vided for scientific treatment of alcoholics, state Compact for Higher Education, rais- under the supervision of a five-member ing the total signatories to eight states. , Commission on Alcoholism established un- (See "State Public School Systems," der the Mental Health Division, and the page 237, and "The States and Higher New York legislature in 1952 established a Education," jaage 250.) new state prograni for clinics to treat alco- Tile legislaitures generally provided for "holies. Numerous assemblies enacted meas- expanded highway construction. To fi- ures against the narcotics traffic; Problems nance both construction and maintenance of youth and'the aged were subjects of several states raised motor fuel tax rates or additional legislation an<^studies by legis- motor. vehicle fees, several ey*^ended in- lative commissions pointing to future ac- creases previously voted, and a number of tion. Several legislatures voted to open states authorized bond issues for construe- public welfare rolls to public inspection, tion. Legislatures in . spriie twenty-five, More than a score of states revised or states in 1953 requested Congress to repeal • adopted the.Uniform Reciprocal Enfor'ce- the federal rnotor fuel tax, so that the fed- ment of Support Act. cral government would not compete with (See "State Health Programs," page the states in this field; a few of the resolu- 289; -'Progress in Mental Health," tions contained alternative proposals that page 29.8; "Social Security in the States," federal highway grants be increased to page 301; "Child Welfare Services," page equal the revenues the.federal government 326.) collects in motor fuel taxes. The.toll road The biennium brought many enact- movemgnt, meantime, continued to grow, ments affecting labor and labor relations. Ill 1953 seven states established toll road Forty-two states and three other jurisdic- Authorities and at leas^fpur others em- tions improved benefits or coverage under powered existing Authonties to expand,, workmen's compensation laws. Minimum existing, toll facilities pr undertake new wage rates were raised in Massachusetts, construction; at least two additional states New Hampshire and Hawaii. California, in the biennium authol^ized their highway Nevada and Oregon authorized reciprocal departments to build toll roads, agreements for interstate collection of wage Legislatures enacted niuch legislation claims. Legislation on industrial relations during the biennium affecting the regula- included provision by North Dakota for tion of vehicles, the sizes and weights of. \ mediation in labor disputes and creation trucks and buses, and safety requirements by Oregon of a Division of Labor Elections on the roads. South Dakota in 1953' be- to conduct representation elections and in-, came the forty-eighth. state to require a vestigate complaints of unlawful practices. 138 THE BOOK OF THE STATES Kansas and Alaska enacted; measures to rrierit was adoption' in 115^3 bvjS£\vJ(n;sey prevent discFiminatidn wi employment. and New—York of an'interstate compact Approximately a dozen stafccs adopted one under which they have, established a com or more laws in the field of industrialsafety mission to eliminate unsatisfactory condi and. health. Four states made, it unlawful tions, including crime and racketeering, on foi" an employee,or applicant for employ the Port of New York docks. Two new ment to pay for a medical examination re forest fire protection compacts; similar to quired as a cotiditjion of einployment; the now functioning Northeastern Forest twenty states arid Alaska now. have such Fire Protcctidh.Compact, have made head laws, all enacted since 1948. Legislatures ' way; one fpr.South Central states, which of some nineteen states adopted laws on had its. first ratification in 1953, from Ar standards of labor for women, and abouia kansas and Oklahoma; and one for the fourth of the states amended their child- Middle Atlantic,-which received it.s initial labor or school-attendance laws. ; ratification, from Pennsylvania, in the , (See "Labor Legislation, 1952-1953,"; same year. Pennsylvania likewise bccanie page 385; "State Labor Legislation for the first state to enact the monumental Women," page 397; and "Child Labor Uniform Commercial Code, prepared by Legislation," page 390.) the National Conference of Commissioners The legislative sessions of 1952 and 195.3 on Uniform State Laws. In addition to produced much significant legislation in legislation authorizing joint interstate-ac".- other fields. These in[cludcd elections—in tiori and adoptions, of uniform acts, the .which< enactments liberalizing ^sentee volume of legislation resulting from co voting laws for members of the armed serv operative studies .on behalf of all the states ices or civilians of both were most pfforni- or groups of states grew substantially, com nent;«. conservation and development of prising measures dealing with problems of natural resource.s; state regulatory activi-- state administration,,education, highways ties; arid crime control. \ and truck regulation, mental health, natu ral-resources and other areas Ijasic to state government. (See "Interstate Compacts," . •" INTERSTATE ACTION- page 16; "Uniform 'State Laws," page 144; "Suggested State Legislation," page During the period legislative authoriza- • tions grew markedly for interstate coopera 149.) • •'.; tion in many tasks, through interstate (For chapters in this volume; on areas compacts and other meians,. Some of the inyolved'in legislation other than those for measures have been noted above. Among which ehapt.er references appear above, numerous others, an piitstanding develop- . consult index.) •*>i . ^^**^ DIRECT LEGISLATION, 1951-52 UMEROUS PROPOSALS rcccived the ap- crs. and authorized the legislature t act proval of the voters in 1951 and 1952 legislation to enforce the requirem^ N as amendments to state constitutions New York.inl,951 adopted two constitu or as measures submitted under.initiative tional amendments casing registration re and referendum procedures. DuringAhe quirements for members of the armed two years theyvoters in the great majority services and memljers of their families ac of the states passed upon.such proposals. companying them, and protecting their Those adopted included provisions affect absentee voting righ^. Rhode Island in ing elections, the prganizatipn and admin^ 1951 amended its constitution to provide istratidn of government, and individual for permanent registration of voters. A state services. Washington amendment of 1952 provided The following^ummai-y of enactments is that no initiated or referred measure ap by no means ^11-inclusive of measures proved by the people may be repealed or adopted but if^icates the character of amended within two years except by two- many that held wide interest. thirds vote of the legislature or direct vote of the people. ^ ELECTIONS, CONSTITUTION.AL RIGHTS Among amendments affecting constitu AND AMENDMENT PROCEDURES tional rights was one adopted by the people Several measures affecting electoral of California in 1952 repealing constitu rights and procedures were adopted. By tional restrictions on Chinese. Another one constitutional amendment the people California amendment of 1952 denies tax of Alabama in 1951 prescribed qualifica exemption or public employment to sub tions for voting and by another extended versives and provicTes that all public em- the exemption from the poll tax to veterans ' ployees of the state or its subdivisions take of the armed services in the Korean war or ja loyalty oath." • . future hostilities with a foreign country. Affecting the constitutional amendment i. Arkansas in 1952 adopted an amendment process, Georgia provdcled in 1952. that- . providing for popular election of a county voting on future amendments relating to clerk in each county of the state. Califor local areas may be in those areas only..,. nia's electorate in 1952 amended that Nebraska in 1952 amended its constitution state's constitution to require that ballots . to make the calling of constitutional con- in direct primariesXarid special elections yentions some\yhat easier than before and show party affiliations of all candidates. clarifying other provisions relating to con The people of MaiKc, byconstitutional ventions. South Carolina's electorate in' amendment in 1951, changed the number the same'year adopted an amendment to of signers required for direct initiative of make members of'the General Assembly legislation from 12,000 electors to a num eligible to 'serve in constitutidnal conven ber not less than 10 per cWit.of the total tions; this Was subject to ratification by the vote for Governor at the prevuous guberna- legislature, and the legislature gave its ap- torial election (the same requirement as proval in 1953. for a petition for refercnduiV). ' In the same year they stipulated by constitutional ADMINISTRATION, EXECUTIVE BRANCH amendment that any measure acTOpted by Action affectirfg the organization or ad the people which fails to provide aoFcvenue ministration of the executive branches of adequate for its' service becomes \<:mpo- state government', and in some cases of the rarily inoperative. An amendment adopt- subdivisions of states, includi|d. the fol- ?jcl in Mississippi in 1952 prescribed more 'ilqwing: ' . * full)' than before the qualifications of vlsjt- The people of Alabama provided by ^I f 140 THE BOOK OF TtlE STA'LTES ^ constitutional amendment in 1951 that all tional civil service system for employees of appointments and promotions in the the state and of cities over 250,000 in pop state's civil service should be made accord ulation; another amendment providing a ing to merit, fitness and efficiency as deter constitutional civil service system for fire mined by examination; thus the existing men and policemen of cities between merit system of the state was brought un 13,000 and 250,000 in population; an der the constitution. Another amendment amendrnent granting certain home-rule adopted in 1951 made more stringent provisions to all cities and authorizing the Alabama's constitutional ban against in legislature to provide a uniform system creasing or decreasing a state or county permitting any municipality to frame a officer's salary during the term for which • home-rule charter and adopt it by popular he was elected or appointed. majority vote; and thrCJfe amendments giv- Three referred measures adopted in ing constitutional status, respectively, to Arizona in 195.2 authorized creation of the Louisiana Board of Institutions, the State Departments of Finance, Health and Board of Highways and the Board of Pub- Welfare, and Law; an act of the 1953 lie Welfare, each board consisting of nine legislature, however, creating the Depart members. . -_ ment of Finance, was held unconstitu Maryland in 1952 adopted an amend i tional by. the State Supremfe Court. ment permitting a program budget system Another referred measure adopted in Ari in, place of the line-item- system hitherto zona in'1952 repealed the 1948 public em- used. . By constitutional amendment in ployees' retirement act in order, to permit 1951 New York empowered the legislature their coverage under federal social securi- to provide for payment of increased pen- ty. An Arkansas constitutional an^end- sions to members of a retirement system of ' ment of 1952 provided for creation of a the state or a subdivision of it. A home- five-member State Highway Commission, . rule amendment applicable to cities and appointed by the Governor for'ten-year towns was adopted in Rhode Island in uA- terms with the consent of the Senate. .1951. Texas voted an amendment in 1952 Georgia amended its constitution in 1952 authorizing the legislature to enable cities, to give the Gove.rnor thirty days, after ad- towns and villages to prdvidc workmen's • journment of the legislature to sign or veto compensation insurance. bills and voted another amendment mak LEGISLATURES ing employees of the state and its political subdivisions eligiblea#for federal social se Louisiana- amended its constitution in curity coverage. 1952 to require a three-fourths vote of the Illinois adopted a constitutional amend- legislature to appropriate funds during a ment in 1952 permitting the legislature to special session called in a period beginning fix maximum salaries for constitutionally- ninety days before a gubernatorial primary created offices at the county level "down- and ending ^t the time a Governor leaves state," and deleting salary ceilings previ office. Michigan in the same year adopted ously set for them in the constitution. an amendment providing for recognition Indiana in 1-952 adopted two amendments of area as well as-population in determina increasing the terms of prosecuting attor- tion of senatorial districts—and, for the neysand of county treasurers, coroners and House, although continuing representa- surveyors from two to four years. In the tion primarily on population, introducing same year Iowa, by constitutional amend- an element of area representation through rnent, fixed the order of succession in the a "moiety clause." Also in 1952, Missouri office of Governor aS follows: Lieutenant voted an amendment limiting regular ses Governor, President Pro Tern of the Sen sions of.t.he legislature to five months and ate, Speaker of the House; and, as a iinal special sessions to sixty days; it provides recourse, election of a Governor and Lieu $10 per day expense money, over salaries, tenant Governor by the General Assembly, for every day on which l&gislators answer convened by the Supreme Court. the first legislative roll call. The Louisiana electorate in 1952 adopt North Carolina, by constitutional amend ed one amendment establishing a constitu- ment in 1952, provided that the Governor LEGISLATURES AND LEGISLATION 14t shallfili vacancies in the General Assembly Florida adopted a constitutional amend by appointing a person recommended by ment in 1952 earmarking automobile- the county executive committee of the de- license money during the next thirty years . ceased or resigned member's party and for school building. Georgia in 1952 voted county. Oregon's voters in 1952" adopted a a constitutional amendment authorizing. referred measure creating a legislative as the legislature to provide for loans to med sembly emergency committee to control ical students in order to encourage prac- expenditures from a special fund while the ,tg;e in rural areas of the state, and the legislature is not in session. By constitu legislature did so in 1953. By constitution tional amendment they made a temporary al amendment in 1951 Maine stipulated legislative reapportionment for Oregon, that rental agreements not exceeding forty pending the census of 1960; eliminated a years between municipalities and the Maine previous provision that only "white'' pop School Building Authority are exempt ulation be counted as the basis of legisla from the limitations on municipal indebt tive apportionment; and, although retain edness. In 1952 Missouri increased the ing for the legislature the duty to make a constitutional limit on indebtedness of reapportionment after each federal census, local school districts. imposed this duty on the Secretary of State The people of Nebraska in 1952 amend if the legislature docs not perform it; in ed their constitution to abolish the elective either case the action would be subject to office of State Superintendent of Public review and approval by the Oregon Su Education and to provide fbr election of a preme Court. '^ six-member State Board of Education, which appoints a Commissioner of Educa JUDICI.^RY. tion as the administrative .head- of the Colorado's electorate in 1952 provided State Department of Education. North for statutory control-over the compensa Dakota adopted an arnendment allowing tion of judges of courts of record and au investment of permanent school and .edu thorized increase or decrease 'of the com cational funds in first mortgages on farm pensation during judges' terms of office; lands to the extent that the mortgages are provision also was made for retirement of guaranteed or insured by the United judges under certain circumstances. Lou States or an instrumentality of it. South isiana adoJDted a constitiitional amendment Carolina acted afiirmatively on. a proposed in 1952 creating a Traffic Court for New amendment to repeal the constitutional Orleans to handle all traffic cases. Wash requirement that the legislature provide ington, also by constitutional amendment free public schools; the proposed amend in 1952, provided that Justices of the ment was not ratified by the legislature iji Supreme Court and Judges of Superior 1953, and to be effective must.be ratified Courts shall retire at 75 unless the legisla at the 1954 session. ture prescribes a lower age or other causes In action similar to that of Georgia, the for retirement. Texas electorate in 1952 adopted an amendment providing that the legislature EDUCATION shall create a State ^ledical Education California adopted a series of amend Board and Medical Education Fund—the ments in 1952 affecting education—to in board to offer grants,^-loanS or scholarships • crease state support of the public schools; from the fund to medical students who to extend the "welfare tax exemption" to agree to practice in rural areas of the state. the property of non-profit private schools By amendment in 1952 Washington per below collegiate grade; and to exempt mitted school districts to increase their in from taxation all buildings of non-profit debtedness for capital outlay when author educational institutions of college grade ized by popular vote. while, under construction. In a referred HIGHWAYS measure the people of CaHfornia also pro- vided for a $185 million bond issue for Alabama's voters in 1952 adopted a con the construction and reconstruction" of stitutional amendment earmarking various schools. 1 gasoline tax and motor vehicle license 142 THE BOOK OF THE STATES revenues jjfjr construction and maibtenance reducing the state property tax rate from of roads; fees, excises and license taxes pre- 5 mills to a quarter of-a mill. Rhode Island \iously levied for school purposes were repealed its poll tax by constitutional exempted from the operation of this amendment in 1951. amendment. Arizona in the. same year . Affecting labor relations, the people of adopted an amendment to? prevent diver Arizona in 1952 adopted an initiated sion of highway-ascr tax rcVeiiues to non- measure prohibiting picketing except when highway purposes. Georgia^ by constitu a bona fide dispute over wages or working tional amendment in 1952, earmarked all conditions exists between the management gasoline and motor vehicle taWs for high and a majority of the employees of an way purposes. i establishment. By initiative procedure in In a referred measure the people of the same year Nevada's electorate made it Maine in 1951 provided for a ;S27.million unlawful to deny any person the oppor bond issue for highway building. New tunity to obtain or retain employment |pe- Jersey's voters, by direct Icgislatiori -in causc of non-membership in a labor or- 1952, authorized, a $285 million bond is- ganization'and prohibited any individual sue, guaranteed by the state, for thb Gar- or labor organization from compelling any den State Parkway; the issue voted on was person to join an organization or engage in whether the state would guarantee princi- a strike against his Avill. . pal and interest on necessary•; bonds in Additional -action of the two years in- event tolls collected on the parkway were ^eluded the following: • insu'ilicicnt. The Oregon electorate, in a California adopted, a constitutional referendum in 1952, increased weight-mile amendment in 1952 exempting all build taxes ori motor trucks. ings for religious purposes from taxation while unocr construction! . HEALTH AND WELFARE ' * Illinois in\1952 deleted from its constitu Measures adopted by the people in tion a mandsitt: that stockholders of state, these fields included , a constitutional banks be subject to "douljle liajjility'-' in amendment in California liberalizing con event of bank failure. .: ditions undei' which benefits to the blind Louisiana acted by constitutional amqhd- are granted; an amendment in Kansas ment the same year to establish a Bafcince authorizing the legislature to levy a perr' Agriculture with Industry Prograiii >and manent tax for construction of institutions .authorize parishes, wards and municipali for the mentally ill, blind, deaf, ^nd dumb; ties to issue bonds and levy taxes'to. carry ; direct legislation iij New Jersey authorizing out its provisions, " ; ' a $25 million bond issue for improvement Michicran in 1952 amended its constitu- of state health, correctional and welfare tion to permit any narcotic drugs seized by institutions; and a. referred measure in peace officers to be used in evidence. Oregon providing for a Portland state hos Texas, in a constitutional amendment of pital for the aged and mentally ill. All of 1951, increased from $25 million to $100 these were voted in 1952. — million the amount of obligations that may • • , • " \/^ be issued by the Veterans' Land Board for OTHER ACTION purchase of land to be sold to veterans of Various enactments affecting taxation the armed services: have been summarized under previous Washington adopted initiated measures headings.' Another, of importance to the. in .1952 legalizing yellow oleomargarine localities as well as the state, was a consti- jmd banning daylight saving time in the tutional amendment in Georgia in 1952 state except in emerg:cncies. LEGISLA TURES AND LEGISLA TION 143 INITIATIVE AND REFERENDUM PROVISIONS APPLICABLE i TO STATEWIDE LEGISLATION Initiative Referendum A Voters Sig- Submission by Voters Sig i, natures Neces Vote h',-; natures Neces- Vote Re- sary for Peti- quired f'lr Legislative sary for Peti- quired for Slate tions Enaclmcx! Pftili Action . tinns Enactment —*- Arizona 15% Majority • .X (a) X(a) 5% Majority Arkansas •.. 8%(b) Majority ». X <•>%(!)) Majority Calif ornla 8%(c) Majority: *« X X(a) 5%(c) Majority Colorado 8%(c) Majority X X 5%(e) , Majority Idaho 10%(f) Majority X X'H \0%U) Majority Maine 10%(f) Majority, X X 10%fl) Majority Maryland Does not use initiative .sy.-;tem X 10,000 Majority . Massachusetts.. 3%(f) Majority & X Majority(li) 30% of. total ^ votes cast ;at election Michigan...... 8%(f) . Majority X X 5%a) Majority Missouri • • 5% - Majority X X 5% Majority .Montana ' 8?S(i) Majority X X 5%(i) Majority Nebraska 7%(j) Majority & X 5%0) Majoritv. & 35% of total 35% of total votes cast votes cast at election at election Nevada 10% Majority X 10% Majority New Mexico. Doe.'! not use initiative systeiu •X(k) 10%-25%(1) Majority(ni) North Dakota 10.000 Majority X 7.000 Majority Ohio..... 3% Majority X Xrajority (?..-J Oklahoma 8% Majority X X Majority OrejSon. 8%(n) Majority X(o) X 5%(n) Majority • South Dakota... 5% ., Majority X 5% Majority Utah. 10% ^ Majority " X 10% Majority . Washington 50.000 Majority & X X 30iOOO Majoritv & 1/6 of total ' l/ft of total votes cast votes ca.>;t at election afoloctioii (a) I-cgislative acts not subject to referendum if tliey contain (i) Also must have signatures of 8% ofvoters on initiative eniergency clause or, provide appropriations for state' petitions and 5% .)i voters on referendum petitions in each departments or institufions. of two-lifths of the counties. ' r^ (b) Petition requirements rSfec to percentage of votes cast for (j) Also must have -iign.-itures of 5% ofvoters on pclilions in Governor at last precediVijm^lection. Also, from each of 15 each of two-fifths nf the counties. ^ . counties, there must be sififOmires equal to at lea.it one-half (k) I.aw.s cannot be snbioit to referendum if tliey are appropri taj of the designated per cenrjM%lie voters of such county. ation acts, provide for payment or refundnig of debt, main (c) Petition requirements refer.HHbercentaKe of votes cast for tenance ofschools or institutions, or provide for preserva Governor at last iirecedinKelefQpn. If initiative proposal is tion of public health, peace or safety. for submission'to leKi.slaturejSflyy. 5% is required. (1) 25% if oiMiration of law is to be suspended; 10% otherwise. (d)- I-egislaturc may submit to' ref Jndum only protHjsals to •Also, petitions must have signatures of like percentages of amend, previously adopted iniH ye acts. ^ • voters in each of ?4 of tlie counties. (e) . Petition reriuirements refer to entage of votes cast Tor (m) Disapproval of legislation re(nnres not only a majority of Secretary of State at last, preced ! election, votes on the subject, but aNo at least 30% of votes cast in (f) Petition requirements refer to : entage of votes cast for the election. Governor at last preceding electi&fti (n) Petition ri^nuiremonts refer to i)ercentage of votes cast for (s) 2% if operation of.Iaw is to be suspended ponding referen- Justice of the Supreme (?ouri at last preceding election. ' dum; l'/t% otherwise, (o) Keferendum not permitted on lavis necessary for immediale (h) • Disapproval of legislation requires not only a majority of preservation of public health, peace or safety. vote on' the subject, but also at leaai: 30% of votes cast in the election. k. r ^ T UNIFORM STATE LAWS* '<«> HE National Conference of Commis estates, as costs of probate are reduced and sioners on Uniform State Laws for the time of distribution hastened. Tthe past two years has adhered to its The 1952 Annual Meeting of the Con objectives, namely, the promotion of uni ference, one of the busiest the'Conference formity in state laws on all subjects where has had in many years, was held in San uniformity is deemed desirable and prac- Francisco. First, there were presented six . ticable, the,,,,drafting of model acts on model acts for the curtailment of organized suitable subjects, and the promotion of crime at the state level. The basis for these uniformity of judicial decisions through proposed acts were the investigations con out the'United States. A review of this ducted throughout the United States by the period will demonstrate the accomplish- Kefauver Committee and its findings and ments of the National Conference^ report. They were drafted as a joint enter At the 1951 meeting of the Conference prise by the American Bar Association in New York. City the Uniform Commer Commission. on Organized Crime, the cial Code was declared completed ainid was Council of State .Governments Drafting promulgated by the Conference. This rep Committee, and a Special Committee ap resented some twelve years of effort on the pointed by the Conference of Commis part of the Conference and the Arnerican. sioners on Uniform State Laws. Any one Law Institute, which had worked jointly of these acts Constituted ample grounds for to accomplish the monlimental result. The long debate and discussion. However, not- act covers the entire range of co.mmercial withstanding a heavy agenda, all si.x acts and business law of America. If and when —the Model Act on Perjury, the Model adopted by all of the states it not only .will Anti-Gambling Act, the Model Crime Irr- streamline the law but will vastly facilitate vestigating Commission Act, the. Model business and commerce. In its drafting the Department of Justice Act, the State Wit- attempt was made, successfully, to follow ness Immunity Act and the Model Police current business practice rather than the Council Act—were fully studied, debated, antiquated forms and procedures relating adopted and promulgated as model acts to business transactions that had been in by the Conference. vogue and effect for years. It will super In addition, the following LIniform Acts sede, when • adopt'^d, rnany of the most were,adopted ahd promulgated: popular uniform acts heretofore adopted The ^Uniform Act on Blobd Tests to by the Conference, such as the Uniform Determine Paternity. It recogriizcs the in- Negotiable Instruments Act, the Uniform fallibility of matching blood ty'bcs to de Bills of Lading Act, the Uniform Sales termine, as a conclusive fact, theimpossi- Act, and many others. In addition, at the bility of paternity.;It does not recognize 1951 meeting there was adopted and pro the tests as conclusive: proof of paternity mulgated the model Small Estates Axt. but only as another fact for the courts to Strange as it may seem, many states do consider. , • not have statutory provision for the han • An amendment to the Uniform Clom- dling of small estates; this act, while rec-. mon'Trust Fund Act. ognizing that uniformity is not essential, Amendments to the Uniform Narcdtjc forms a standard which the states can Drug Act, as amended. These amend- follow. An act of this type is of benefit to ments were to bring this act up to date to the heirs of those leaving relatively small include provisions on "additional synthetic •Prepared by MAam J. DINKELSPIEL. Presi^ drugs and to strengthen it in the light of •V dent, National Conference of Commissioners on experience. Uniforni State Laws. • Amendments to the Uniform Recipro- • 144 • A V LEGISLATURES AND LEGISLA TION 145 cal Enforcement of Support Act developed construed the same uniform act, many in cooperation with the Council of StJlte; times, entirely differently. Thus the uni Governments. When it was placed in oper formity that was achieved by legislation ation following its adoption by most of the has been destroyed by court decision. The legislatures in the 1951 and 1952 sessions, Conference now has an active committee certain weaknesses were discovered in the which is working through the Council of functioning and administration of the act. •State Governments with the Conference of Accordingly a meeting was called under Chief Justices looking toward the mutual the auspices of the Council of State Gov result of uniformity of jullicial decisions ernments in June, 1952 in New York City affecting uniform state laws; ' at which interested groups, including rep ' The cooperation that has been the rule resentatives of those in charge of admin between the Council of State Govcrn- istering the act and representatives of the ' ments and the Conference has been most National Conference, were present. The effective for the past several years. Much amendments were the outgrowth of this of the work that the Conference has done meeting. Many states already have adopt and is doing is due to recommendations ed them. , made to it by the Council of State Govern The Uniform Rules of Criminal Proce ments. At present the Conference is work dure. The-title speaks for itself. This, ing on a Uniform Act for the Supervision again, represents an attempt on the part of of Charitable Trusts. Suggestion for this the Conference to modernize and stream act emanated from the National Associa line the law in aid of speedy justice and tion of Attorneys General, for which the to make crime unattractive. Council of State. Governments is the secre The Uniform Single Publication Act. tariat. In turn, the Conference has .been This.is to prevent a multiplicity of suits by of definite help to the Council by having an aggrieved party for the publication of a' a representative group of Commissioners libel or slander via the press, radio or "on Uniform State Laws appointed as mem television in rnore than one state by limit bers of the Council's Drafting Committee. ing the action for libel or slander to one. In addition, the Council has ever been suit in only one jurisdiction. ready and willing to assist the Commis It can be judged from the foregoing that sioners io their respective states in obtain the Conference" has not been idle. It has ing the enactment of uniform and model endeavored to meet the needs of the times laws. . . ; . • in substantive.law and those"of the states It may be noted as a forecast for the in aid of the administration of justice.^ future that the Uniform Commercial Code It is always important, once uniform was introduced in nine states during the laws are fairly generally adopted by the 1953 legislatures. It was passed without states, to maintain the uniformity of judi arnehclment in Pennsylvania, and is. now cial decisions. In every uniform act the the law of Pennsylvania. In several others languag:p appears: "This act shall be so. it has Ijcen referred to interim committees interpreted and construed as. to effectuate of. the legislature for study and report to\, its general purpose to make uniform the the next sessions. This has been notably laws of those states which enact, it." true in .New York, Massachusetts and Nevertheless different state courts have California. 146 . THE BOOKfOF THE STATES RECORD OF PASSAGE OF UNIFORM AND MODEL ACTS As of September 1, 1953 o S!- -4 ' S 2; •c H ll — U '-1 5^ 22: Z'iJ 0^ ^ » 2;. i2 • 5 •ns o .2. OK OK S .o - 5 .5 S 5 •a •5 a = • ^; :^=l ^5 a .ft; ^ -.2 ^ U ^ fe •5 5 < .5 <5 O o — fV ^^ _*- *.. 3 -> •3.2 o. «. .~<>.^0v.20v Slate rs '-0 35 Alabama • ^- • • • * • • .. .. • • .; -k -k .. .. • .. Arizona.. • • • • • ..••••••....•• • • • .. .. • .. .. Arkansas. • • • • • • -• •..•..•.•. -k -k California...... • • • • • • • • • • • • • • • ..•••••.. Colorado..;.... • • • .. • • • • • • • • • .. • .. k .. .. Connecticut. . . • • • • • • • •••...... • Delaware • • • • • • •..•• • ••....••• Florida...... ••....• .. • ..• • • • ••....••• Georgia • • .. .. • • • .. .. -k ...... -k .. .. Idaho • • • • • • • • ••••.. • ••....••.. Illinois-...... \ • • • • • • • • • •••••• .. • • ...... • Indiana • • • • • • • • • • ••••.. k -k -k .... • .. • .Iowa.. ,.. • • • • • • • • .. • k •• •• k .. Kansas...... ••....• • .. • • • ...... • Kentucky...... • • • .. • .". • .. •k k •• .... • Louisiana...... • '• .. • • • • • • • .. • • k k • • k Maine. . • • • • • .. • .. • • • .. • . .. Maryland.. • • • • • • • • • • • • • • • • Tir • • • • .. • Massachusetts. • • • • • • k k •. • • k •• • Michigan • • • • • • ••....*.;• k ••..••.. .." • .• • • • • .. .. • Minnesota..... • • • • • • • • • • • • • • .. .. • • • Mississippi • •• .. ... • •ic k k Missouri • •..*• • • .. • • • • • ., ir ...... k k k Montana..... • • .. .. .• • • • • .. • ... • k -A- •....•• • Nebraska...... • • • .. • • • .. .. • • .. .. • • • ••....••• Nevada...... !. • • • • • • ••••••• k k k .. : New Hampshire • • • • • ..••.. • • .. k .. . • k k^ •• •• • • New Jersey • • • •;• • ••.•...••.. • k k k .. .. • • • .. .. New Mexico... . • • .. • • • • ,. .. ..-• •<». • .. • ••....•..- • New York...:.. • • • • • • • • • .. • • 1 • .. • ••••.•••.... North Carolina. • • .. • • • • .. .. • • .. . • • k k •....-. North Dakota.. • • • • • • • • • . TV ••.-..• • Ohio ;. • • • • • • ....••• • .. • • .. .. • • • • .. Oklahoma • • .. .. • .. • .. .. • .. • • • • • .. • Oregon • • • .. • • •..••..•..• .. • • ^ • * • • Pennsylvania... • ••••. • •••••••• :. • • .. • • .. • • • Rhode Island... • ••••....•..•....•••.•• • •...... ••• South Carolina • •..••..•...... •..••• South Dakota.. • • •.. •• • • • • • ••• • • ••k -k ••••••.. • Tennessee • • • ..,• .. • • • •••••..• • ••....•..• Texas • • .. .. • • .. • • ...... • • .. Utah. • • • .. •••••• • • • • • • ••.."..•.... Vermont • •••••••.. .. • .. .. • .. • if .. ... k k .. Virginia ..... • •....••••..• • .. .. • • •••..•.... Washington.;.. • • • • • •••••..••••.•••• • if k ...... -k k . • West,Virginia.. • •.. .. ••••.. •.. •.. ..••• • ...... Wisconsin..... • • • • • • • • • • • • ...*.. • ••..••..• Wyoming,'..... • ••... •••..•.. ••••••.. • • • .. .. • • • * •• District of Columbia • • • • • ... • • ..-.. .- •k k .. .. i!- k .. Alaska • ••••••• • • .. .. • • .. Hawaii..__ • ••..••..• *! • • • • • • • • • • .. Puerto Rico ...... • .. • ...... • ^ TOTAL 52 52 37 33 51 21 33 37 20 30 14 39 24 26 19 42 17\ 44 48 33 9 6 40 22 28 6 5 '\ • These States have adopted the Council of State Governments' form of Support of Dependents .\ct which is similar to the Confer- . ence Act. • . . • V \ ^As Amended. 's ' • ^ <3»g, «»> LEGISLATURES AND LEGISLATION 147 RECORD OF PASSAGE OF UNIFORM AND-MODEL ACTS—Continued : • . As of September 1, 1953 State .. • ....•• ...... '• ...... Alabama ..•'.• • • • . -A- • • .. • .. • • Arkansas .. • ...... •..*• • .. • ...... ^ .. ..:... California .. • ...... •..•• .. • Colorado .. .. • .. • • • .. .. • .._...... •.:• .... • . . :: *\:: :: Florida .. .. • .. • .. • ....•• ...... • .. ..•..• . . ir : ••*• Illinois • ..-..• .. .. • , Indiana • .. .. • .. .. • .; .. .. •; • .. • ...... -A-. ;. Kansas .. • .. • .. • ...... • Kentucl^y • -• .. .. • •.. .. •• • .. .. • Louisiana :. • ...... • .. • • .. .. -^ .. • tr • • ....•..•• .. • :. .. Maryland ...... • ....•...••. .. • .. .'.'• • . Massachusetts .. • .. • • • .. .. • Michigan • ;...•••...... • '. .Minnesota .. • if .. • •• .. .. • • --v • .. .. • • ...... • .Montana .. • •*• .. .. • .. • .. • .. .. • .. Nebraska • .. .. • .. • .. .. • .. • .. • • ,• .. • .. . . New Hampshire .. .. • .. .. • .. • ...... • New Jersey • ...... •: • • • .. •.. "A' New Mexico .. • .. .. • .... • .. • .. • .. .• New York • .. • • ..•.. .. • .. .. • .. • ...... • .. North Carolina .. • .. • • .. •. .. • ..• .. • ..North Dakota .. * Ohio •^ . . -iz • • • • .. * ...... -Cr .... Oklahoma • .. -^ .. • ... • .. .. • • ...... A- . . . i Oregon '. ... • • .. .. •.. • • • • V. -k '.'.' -. .. • •y^ ... Pennsylvania • • • .. .. • .. .. • ..... *-, Rhode Island .. .. • ...... • • .. South Carolina • '.'. • • .. • ,• .. •..-...... •...... -..South Dakojt:a •6- •*• .. .. Ar • .. ... • ...... • .. .. • \H> .. • .. • .. .. * Utah .. .. • .. •. • .. • ...... i-r .Vermont .. • .. • • .. .. • Virginia .;. • .. • • * .. •..-.. .. • .. • ...... • Washington .. • .-r-.,.. • ...... • .. .. West Virginia .. -iz-k -k • ..... • ...... • • • .. .. • A- Wisconsin • .. :.. • • ...... • ...... Wyoming District of .. "•*• .. .. • ...... • • .. .. • ..• .. • .. • • ...... • • ...... ••, • .. • ...... Puerto Rico 7 1 7 25 3 26 5 11 12 0 2 42 12 11 12 0 0 0 9 7 1 24 0 0 1 43 • o 1 T- •^—. "ST- •2 1 "1 Idaho.... V .. • .. Illinois ' •••. * ;• •• • Iowa 1 • Kentucky • •• Louisiana...... Maryland • • .. .. Massachusetts .. • .. • ••*:• ...... • i. Missouri.. i .. • .. • -^ Nebraska • ••*•• • • • New Hampshire -k .. ii...... ,. • New Jersey .. New Mexico..; ., New York... .• • •. . ^. . North Carolina. North Dakota.. -k t—. • : Ohio .. • Pennsylvania •*• • • • • South (>arollna South Dakota.. • Tennessee. .. • •.. ':4 .. Utah • • • Vermont.. • • • .. .. 1 Virginia • .. West Virftinia • ..••*• •*• •k •• District of . Hawaii .. • ToT.^L 3 4 0 4 5 2 .s .^ 2 0 1 0 ()• n. 2 3 1 2 I 0 0 0 0 2 0 0 • \>^ SUGGESTED S TATE EECilSLATION 1953 PROGRAM . -. , Tf - • - • , HE Drafting Committee of the Coun by members of the armed forces in general cil of State Governments, has Ijeen elections and priniaries; (b) acceptance of Tin existence since 1940. It was creat the Federal Post Card Application for an ed to prepare emergciicy national defense absentee ballot; ,(c) e.xemptidn of armed legislation to be enacted by the states. forces personnel from registration in per During World War 11 thecommittee pre son and provision of a simple absentee pared state, legislation to facilitate federal- registration system; (d) availabilit)^f the state cooperation in the war effort. Since absentee ballot' for mailing overseas at /then it has developed model civil defense least forty-five days prior to the last date legislation and,draft bills in a great many on which the returned, voted ballot may other fields. From its inception, the com- be counted. mittee has worked closely with the Na The Drafting Committee also suggested tional Conference of Commissioners on a series of drafts and recommendations in Uniform State Laws. the field of civil defense, including ratifica The Drafting Committee is composed of tion of the Model Interstate Civil Defense state legislators, Attorneys General, mem- Compact. As of June, 1953, thirty-one beirs of Commissions on Interstate Cooper- states had negotiated compacts based on ation, and Commissioners on Uniform the model. Other measures dealing with State Laws. Sidney Cliff'ord of Rhode Is servicemen and veterans were included. land has served as chairman since 1949. TAX AND FISCAL The Staff of the Council of State Govern I ments serves as secretariat; advisory and A Reciprocal Tax Claims Act was rec technical services are provided by the ommended to the states to assure thc^f^the United States Department of Justice and ta.xing authorities of each state and of its many other agencies and Organizations. political subdivisions, may utilize the The program of suggeslecl state Icgisla- courts of other states in enforcing tax tion prepared by the Drafting Committee claims. The proposal gives any state or its for the 1953 regular legislative sessions in- political subdivision "the right to sue in eluded about fiCtyj separate proposals in the courts of this state to recover any tax such diverse fields las civil defense, crime whichjmay be owing to it when the like control, voting laws and livestock markets. righjL-is accorded to this state and its Space does not permit a description of polipcal subdivisions by such other state." each proposa:l; this article is confined to A recominendation also was carried with summaries of certain items of major in- respect to uniform methods of taxing terest. The accompanying table presents a heavy ti'ucks which operate in interstate general outline ofl the bills and proposals commerce, and a specific draft of a meas carried in the committee's report'for 1953.^ ure to establish a uniform highway user tax law was developed subsequently by a DEFENSE special committee of the Council of State A major proposal in the 1953 program Goveinments.'- was for revision of state soldier-sailor vot ing laws where they were not adequate to RECIPROCAL SUPPORT meet the exigencies of overseas military The Uniform Reciprocal Enforcement service. In substance, the proposal was of Support Act, developed cooperatively that state laws conform to four basic '• '•— criteria: (a) provision for absentee voting 'For details sec Sugg^sud InUrsiau High^^^ ______^ ' ^ o Yax Law, Report oi the Committee on Taxation gramiFo forr detail1953,s Councisec SueeesTed^talel of State Governments Legislation:. Pro- oGovernments.f Interstate . Mbtor 'Vehicles, Council of State 149 tik 150 THE BOOK OF THE STATES by, the Drafting Committee and the Na Council Act, a Model State; Witness Im tional Conference of Commissioners on munity Act, a Model Perjury Act, a series Uniform State Laws in advance-of the of model drafts on narcotics control, and 1951 legislative sessions again was strongly others; This over-all program of crirne- recommended. Moreover, a series of very control measures-4s considered to be the important amendments to this act were most comprehensive of its kind ever de carried for the first time. As of June, 1.953, veloped. ', '. . " forty-sLx states, Alaska, Puerto R!ico, Ha / . • .' • '-."•••. waii and the Virgin Islands had adopted UNIFORM'ACTS legislation based on the principle of the Beginning with its .1^52 program and suggested act, a new record for prompt continuing in 1953, the^.Dra.fting Coin-" enactment of. any uniform law. The pur mittee initiated the policy of publishing all pose of the act is to provide for coopera newly promulgated acts ^of the. National tive, reciprocal enforcement of support Conference of Commissioners on Uniform owed by persons who abscond, leaving State Laws. In this way state legislators dependents in need, and other state officials are apprised promptly of new or amended uniform : CRIME CONTROL • acts, so that they may arrange for imme A major activity of the Drafting Com diate enactm'ent pi" for consideration by- mittee, during 1952-53 was establishrnent stiidy groups. Continuation of this ar of a coordinating committee to bring to rangement is expected. gether all the groups working in the field of crime control legislation. These included OTHER PROPOSALS the American Bar Association's Commis Numerous other proposals were offered sion on Organized Crime, the National in the 1953 program, including^ measures • Conference of Commissioners on Uniform dealing with the.regulation.of flammables State Laws and the National Association and dangerous articles, the operation of of Attorneys General. In addition, the courts of limited jurisdiction, weather con- Drafting Committee undertook to prepare trolj presidential primaries, occupational bf^Is not covered by the other groups. Joint licensing and institutional standards. The meetings were held, preliminary drafts following table summarizes the proposals were exchanged and revisions made in ac carrieo. in the program. An important cordance with suggestions arising from matter under consideration in preparing this cooperative procedure. As a result, suggestions for legislatures to meet in 1954 the program of suggested legislation for is that of providing some rnethod to pre ,1953 for the first time in a single publica-' serve the right of franchise for: voters in tion provided all drafts of major crime national elections even though they may control legislation. Among these vyere a have removed from their state of prior Model; Anti-Gambling Act, a Model De residence and have not yet acquired vot partment of Justice Act, a Model Police ing rights in the new state of residence. \ (• 'LEGISLATURES AND LEGISLATION 151 PROPOSALS OF THE,- DRAFTING COMMITTEE . PROGRAM FOR 1953 • * - ^ {Titles are descriptive and in abbreviated form) NATIONAL DEFENSE 1. Absentee Voting by Servicemen* 6. Trial of Court-Martial Cases 2. Amendments to Model Civil Defcnse~Act 7. Veterans'Reemployment Amendment 3. Ratification Act for Civil Defense Compact 8. Minority of Veterans ' 4. ;Coinpensation Benefits For Civil Defense 9. Carryover Recommendations Concerniiig Serv Workers* icemen 5. Emergency Appropriation Fund For Civil Defense* TAX ANiD FISCAL 1: Reciprocal Tax Claims 2. Taxation of Interstate Motor Vehicles* HEALTH AND WELFARE 1. Reciprocal Support Enforcement-^ 3. Institutional Standards 2. Occupational Health and Safety HIGHWAYS AND MOTOR "VEHICLES 1. Flarnrhables and Dangerous Articles 3. Traffic Courts*- 2. Highway Safety and Motor-Truck Regulation * CRIME CONTROL 1. Ariti-Gatnbling 8. Recommendations on Narcotics* 2. Department of Justice ^ 9* Sports Bribery 3. Police Coiiricil 1 Oi Criminal Code Amendments 4. Witness Immunity , 11, Alibi Evidence ! 5. Perjury Statute ' 12. Testimony of Public Officials 6. Crime Investigatihg Conimission 13.-Carryover Proposals* 7. Model Acts on Narcotics '.". MISCELLANEOUS 1. Out-of-State Banking 6. Occupational Licensing 2. Alcoholic Beverage. Trade Barriers* 7. Libel and Slander Suits 3. Livestock Auction, Markets 8. Paternity BIbdd Tests 4. Weather Control '. 9. Common Trust Funds . 5. Presidential Primaries* IQ Uniform Commercial Code * *Indicates descriptive statement only, no model bill carried. \ 152 THE BOOK OF THE STATES DRAFTING COMMITTEE OF STATE OFFICIALS OF THE COUNCIL OF STATE GOVERNMENTS • • . .-•!•••• ' • . • ' .^ -. '' Sidney ClifFbrd, C/zfl/rman Commissioner on Uniform State Laws (Rhode Island) HARRINGTON ADAMS (Pennsylvania) JACK F. IsAKOFF (illinois) • • Deputy Attorney General ^ Commission on Intergovcrmncntat Cooj)eratiqn WILTON ALPERT (New York)- Joint Legislative Committee on SENATOR EARL J. LEE (Nebraska) Interstate Cooperation . Commission on Intergovernmental Cooperation r ELISHA T. BARRETT (New York) rJoint Legislative Committee on " .. A.RTIVUR Y. LLOVD (Kentucky) Interstate Cooperation Commissioner on Uniform State Laws ^--^ '-':• WILLIAM L. BEERS (Connecticut) • SENATOR OTTIS E. LOCK (Texas) Attorney General • ' Commission on Interstate Cooperation JOHN B.BOATWRIGHT, JR. (Virginia) ROBERT L.MOULTON (Ohio) Cpmmission -w .t r day after 120 days. .(d) I..egislator3 receive SSO per month during biennium plus $2,400 per biennium,- paid.at (r). Plus $5.00 for each legislative day after the 12Sth'day (provision becomes effective at rate of $20 per day during regular and special sessions with remainder paid as'a lump sum. 1955 session.) ' - Salary plan becomes effective for all House members arid for Senators elecBid in 1955 and (s) $540 fixed amount for special session. for hold-overSenators or their successors in 1957. (t) Thereafter, 6c a mile for first 2,000 miles per month, 5c a mile for each additional mile. (e) Actual and necessary expenses. (u) $500 per special session: South Carolina $1,000. (0 And two round trips in special sessions. . • (v) Members from Oahu $5.00 per day; members from outer islands $15 per day. (K) Determined at each session. Figure represents amount at latest session. (w) In practice the legisl.ature meets for 18 weeks. Legislators receive $140per week In com (10 Legislators receive $30 per day during session and $150 per month while not in session. bined daily salary and expense allowance—a total of $2,520 for each biennium. . . (i) 'And two trips during special sessions. (x) 70 day limit on special sessions called by Governor; 30 day limit on sessions convened/ (J) . In terms of fixed amount for each legislator. by legislature'^ixcept for impeachment proceedings. (U) IJetermined at each session. (y) Constitutional amendment will raise pay to'not more than $20 per day, effective 1955. (1) Within 40-mile"radius, $10 per week expense allowance plus 7c a mile daily, to amount to (z) Constitutional amendment adopted November, 1953 increases daily pay to $10 and pro not less than $4.50 a week; outside 4U-mile radius, $38.50 per week living expenses plus vides for additional expense allowances of $5.00 per day and $4.0O for every 25 miles 7c a mile for one round trip i>er week. • of travel; . / '