I . s . . . ^ • -• -y- ;•,.-. • ; ,. ; -, /,. •,;.-.^ •• .. ^ "'• " '-"t-

Section II AND LEGISLATION

1. Legislative Organization and Services 2. Legislation

• .••••.4-

J • •••••fe^^r^. •

"^VV"/.

„._'*; T-

Qi

A-..

^!^ 0 1 Legislative Organization and Services

-T-^

STRUCTURE AND PROCEDURES

HE citizens of the states through their widely from state to state:—in Idaho there

Tconstitutions have vested the su- are forty-four Senators to fifty-nine Rep- preme latv-making power in their resentatives; in New Hampshire there are legislatures. They have provided for the twenty-four Senators to 400 RepresenP**' popular election at frequent intervals of atives. *'. those whoxomprise th^ legislative bodies. With two noteworthy exceptions, only Except in they have established minor changes have been made by sta|jes two-house legislatures. during the past biennium in the size of. Beyond these common elements, a wide their legislatures. The exceptions ar$ variety of constitutional provisions, stat- and , which became istate^ utory requirements, rules and preceden^ts during the period under review. In the. govern the workings of the state legisla- former the was increased from tures. Together they determine the many forty to sixty members;" in Hawaii, the details of legislative structure, organiza- total went from forty-five to seventy-six. In tion and procedure, the purpose of which both states, the noyf is ahnost is to enable the legislatures to carry out exactly twice as large as the Senate, their responsibilities in an orderly and "In all states legislative terms are either effective manner. two years or four. State Senators in thirty- „ five states—an increatse of three in the past biZE AND lERMs biennium—serve for four ycarsHn fifteen In Nsize American state legislatures (including Nebraska) they serve for two. rangepom a totail of forty-three members Shorter terms are the rule for members in the unicameral of lower houses. In forty-five states House to 424 in New Hampshire. The smallest members serve two-year terms; only in bicameral legislature is that of Pelaware, Alabama, Louisiana, Maryland and Mis- with fifty-twomembers . State Senates vary sissippi do they have four-year terms. Cali- in iiiembersh^p from seventeen each ii> fornia voters in November, 1960, will Delaware and Nevada to sixty-seven in consider a proposal to double the two- Minnesota. The lower houses differ even year term of Assemblymen, more widely—from thirty-five members in The , on Legislative Proc- Delaware and less than sixty each in esses of the National Legislative Confer- Alaska, Hawaii, Idaho, Nevada and ence, in its report to the Conference in Wyoming, up to 240 in Massachusetts, October, 1959, recommended among 246 in Vermont, 279 in Connecticut and other things that "The length of legisla- 400 in New Hkmpshire.The ratio of Sen- tiveterm^ should be established in such a ate to House members averages about one way as to assiire effective responsibility to to three or four, but this ratio varies the voters, arid at the same time to provide ..••••••'• • •• • ^ •. " • 31' • •' •' 32 THE BOOK OF THE STATES desired and desirable continuity in legis­ period; and three provid.'», e other wpes of lative experience. A term of four years limits (Connecticut, where adjournment, in at least one house, with staggered must be by early June; Missouri, where terms, is consistent With this objective." it must be by May 31; and Illinois, where The same committee also urged abandon­ laws passed after June 30 have a year-long ment of the "rotational agreement," suspended effect). ~ ^ widely practiced in numerpus states, par­ Special sessions have fewer restrictions. ticularly in the South. This is the arrange­ In twenty-seven states there are no limits ment by which a miilti-county legislative on length; in thirteen there are direct district permits one county to "elect" a. limits; and in ten there are indirect limits legislator in one session while the other through stoppage of pay. Recent years county "elects" a legislator in the next have seen some marked development, as session, in effect assuring the loss of con­ in Alaska and Hawaii, toward granting tinuity of representation. the legislature jpower to call itself into special session or to determine what sub­ , SESSIONS jects may be considered in such sessions. \ • ^ . • As indicated in ^he, table "Legislative Sessions," legislatures lof nineteen states, COMPENSATION V. the Commonwealth of Puerto Rico, The National Legislative Conference Guam, and the Virgin Islands meet annu­ Committee on Legislative Processes, in its • ally. Thirty-one states hold biennial reg-. 1959 report referred to above, capsuled ular sessions, all except three (Kentucky, the tliinking of most recent observers on Mississippi and Virginia) in the odd- the subject of legislative pay: "From the numbered years. As recently as the begin­ viewpoint of good public service, and in ning of World War II, only four states light of the increasing amounts of time (New Jersey, New York, Rhode Island that legislators normally must devote to and South Carolina) held annual sessions, session and between session duties, the and one—Alabama—met only at quadren­ compensation of legislators in most states nial intervals. , : is now too low. Flat salaries rather than The trend toward annual sessions, a per diem should be paid. Salai;iy^ and ex­ , which had slowed somewhat in 1956—57, pense reimbursement for necessary again became definitely noticeable during • penses sufficient to perm-it competent" ^ti!, .1958—59. Despite voter rejection of annu­ ersons to serve in legislatures without al sessions in Texas in November, 1958, gnancial sacrifice should be provided. Ac­ five additional states (Alaska, Delaware, tual amounts of salary and expense mpney Hawaii, Nevada and Pennsylvania) dur­ should be provideo^by statute rather than ing, the 1958—59 biennium adopted the specified in the constitution." > . yearly meeting plan. The "off-year" ses­ As a comparison of tabular informa­ sions in Delaware, Hawaii and Pennsyl­ tion in this and previous editions oiThe vania are confined to fiscal and budgetary Book of the States indicates, there have/ matters. New Mexico and several other been numerous changes in compensatioi states currently are considering annual bases arid levels in recent years, In 19r sessions. " ._^ thirty-four states were using the sa^ry Apart, however, from the annual ses­ plan; in 19434ess than half used it. "/The sion trend, which is providing more time range of legislative salaries, per bienruum, for legislators to meet and act, there are in (Jiese thirtycfour states is from Si200 in few indications of moves to eliminate New Hampshire to $15,000 in NeW York. other restrictions on legislative sessions. The median figure is $3,6.00. Of/he eight­ Only seventeen states have regular sessions een states whidi pay the median salary or unlimited as to length by either direct or more, twelve meet annually:/of the six­ indirect restrictions. Nineteen states di­ teen which pay less, only two meet an­ rectly limit by constitutional provision nually. . / the number of days of regular session; • Nineteeii states employ /daily pay plan eleven accomplish the same end by ter­ for legislators (payable during sessions), minating legislative pay after a certain three of them—Arkansas, Colorado and _->.

LEGISLATURES AND LEGISLATION 33 Oklahoma—using both daily pay and bi- *lhirty-nine to twenty-three and of Senate eimial salary. ^^xQounts paid under daily from thirty-one to twenty, pay plans vary greatly—from $5.00 in Kan- The accompanying table illustrates these sas, North Dakota and Rhode Island up decreases. Most of tliem predated 1959, to $50 in Louisiana. For these nineteen however; and it is worth noting that be- • s^tes, the median daily pay is $15. - tween 1957 and 1959, twenty-two legisla- As an accompanying'table indicates, " , legislators also frequently receive appreci- ' Number <>/ ^ r^H^-^^sfJuU)^ '^yf'i^i^ able living expense allowances. Nineteen standing commnues i946 1959 7946 1959 J94d(b) 7959(c) states pay this allowance in the form of a 10 or under.. 0 5 0 5 ' 23 24 per diem during the session; eight others 11-20 ...... 2 13 . 8 21 0 0 .pav lump-sum or monthly allowances, fl'fn "•'•"" 1- ^o l? ^l 2 ? C, •'I , X . i ., 31-40 . lo 8 13 8 2 1 jTravel allowances m some form are paid 41.50 r..*.... 12 8 9 i l 0 ^legislators in all states except Hawaii and 51-6O ^...... 7 l 20 0 0 JNew Jersey. In-recognition* of greater de- 61-7P . —.. 2 1 r? 0 .0 0 ;|mands 5n their time, thirty-one states, —^——t — —-71:7— — .^aCCOrdine to a 1959 survey by the Council (?) Nebraska is included only under "Senate." ' •:o fr Statr,^ ^e ° Governmentsr^ '- „ ^^ , pay additionajj-^* "l1 committees(0) Exclude. s 22 states reporting no joim standing jiCOmpensation for legislative leaders. USU, comi^^ecs^'^^^ " ''^*" reporting no joint standing ?ally this is confined to the presiders, but sometimes it is payable to the floor leaders tive "bodies increased the number of *(as in Maine, Massachusetts and PenAsyl- committees while only half that many de- vairia) or to .the pro tern presiders (as in creased them. Major decreases were re- Georgia and South Carolina). corded by the Missouri. House and the Compensation changes during 1958-59 Iowa, Minnesota and Ohio Senates; but were fairly numerous. Alaska and Arizona these were in contrast to major increases shifted from a daily pay ip a sala^ basis; in bbth houses in Oklahoma (where major i«4aska and Connecticut went over from reductions had taken place a few years a constitutional amendrrient to a'statutory previously) and in the lower houses in Ha- methb(^f establishing the pay level; and waii,-ytah and Washington. ' basicfpay rates were increased in at least A reduction in total numbers of corn- ten states. At the end of 1959, legislative _ mittees tends to reduce die number of compensation was established by statute committees on which the average legis- in just half the states, by the constitution latpr serves. As recently_as..l953, however, in seventeen, and by a combination of House members in seven states and Senate constitution and statute in eight. members in fifteen served, on the aver- • age, on seven or more committees; and CoMMriTEES • at that time most members of eight leg- Most recent studies of legislative organ- islative bodies served on ten or more ization have urged modernization of com- committees. The National Legislative mittee systems—a key subject since much Conference committee report, citgd of the legislature's work is done by Itand- above, strongly urged "... genuine study ing committees. Three major aspects lisu-" of this problem in many states; and while ally have commanded the attention of no set standard appears achievable, the such studies: reduction in the over-all end objective must be to enable the indi- number of committees, reduction in the vidual legislator to do his constructive number of committees to which the in- best in reviewing and perfecting bills at dividual legislator is assigned, and in- . the committee stage of consideration." ' creased use of joiflt House-Senate commit- Although no major changes have Been tees. made in the immediate past relative to With respect to the first of these, there use, of joint committees, the 1959 situ- have been notable accomplishments in ation shows marked alteration from-that recent years. Reductions between 1946-. which existed before World War II. In and 1959 have lowered the median num- 1939, only seven legislatures used joint bef of House standing committees from standing committees, and only in Mas;- M THE BOOK OF THE STATES sachusetts did they handle the bulk of tricts through a Board of Apportionment business. By 1959,; twenty-seven states (Governor, Secretary of State and At­ were using one or more joint committees; torney General); Hawaii is redistricted by and Connecticut and Maine had joined the Governor; Missouri's House h reap­ Massachusetts in , relying primarily on portioned b;j^. the Secretary of State and them. local governing bodies, the Senate by a commission appointed by the Governor; APPORTIONMENT and Ohio redistricts by acdon of the Gov­ No aspect of the legislative process in ernor, Auditor and Secretary of State. recent years has been more the subject As indicated in the table cited, all thir­ of attention by press and public than has teen states employing, in whole or in part, the matter of apportidiim.ent. The Presi­ non-Iiegislative means in connection with dent's Commission on Intergovernmental reapportionment actually have reappor­ Relations in its 1955 report singled this tioned since 1950. Among the thirty-seven out as one of two major areas of needed other states, eighteen have had their most improvements in the legislatures if the recent reapportionments in the._1950's, states are in future, to participate with eight in the 1940's, three in the 1930's, adequate effectiveness in the federal sys­ three in the 1920*s, three in the period tem. (The other is the removal of con­ 1900^1920, and two prior to 1900. \ stitutional limitations on the law-making Three constitutional amendments con­ power of the legislature, to grant in­ cerning apportionment will be voted on creased flexibility.) The problem is a in 1960. In Minnesota it is proposed to two-fold one—first, of obtaining an equi­ base Senate seats without reference to table and acceptable pattern of represen­ population, but to assure the Minneapo- tation for each of the two legislative lis-St. Paul area of 35 per cent of the houses; and second, of assuring periodic Senate membership, v.hile the House *Teapportrohment in accordance with the would be based on population alone. A agreed pattern. North Dakota anendmcnt would freeze As indicated in the table "Apportion- present Senate dJstrictG and provide reap­ . ment of Legislatures," provisions relating portionment of the House on a popular to this subject appear in the constitution basis. A South Dakota amendment would of fevery state. In Delaware and Mary­ alter the popular base for Senate member­ land, however, no constitutional provi­ ship and provide that no senatorial dis­ sion relates to periodic reapportionment. trict shall have more than two Senators In the great majority of states, the leg­ and no county shall have more than one islature is the agency designated by the such district. • constitution to reapportion. In most cases Numerous test suits, originating chiefly —thirty-six states—tiie legislatures enjoy in expanding metropolitan areas, have this power exclusively, altJhough the trend been brought in federal courts since is. away from this practice. Six states have World War II to force legislatures to re­ provided alternative procedures in the apportion, or to require them to reappor­ event the legislature fails to act: Cali­ tion in accordance with constitutional fornia, Illinois, Michigan, Oregon, Soiith requireriaents. Since 1946, a score or more Dakota and Texas. In addition, Washiiig- of such cases have come before federal ton provides for reapportionment by in- courts, infvolving about twelve states. The . itiative as well as by legislative action, j most recent of these, as this is written, was Another group of six states—two more Charles Baker etal. vs. Joe C. Carr et al. in than in 1957, with the addition of Alaska the U.S. District Court for the Middle and Hawaii—has placed the reapportion­ District of Tennessee. The three-inan spe­ ing power in non-legislative hands. cial federal district court on December 21, Alaska relies on an Apportionment 1959, commented, "With the plaintiffs' Board; Arizona, which makes no provi- argument that the legislature of Tennes­ j sion for Senate reapportionment, obtains see is guilty of a clear violation of the ' House redistricting through County state constitution and of the rights of the Boards of Supervisors; Arkansas redis- plaintiffs the court entirely agrees"; but it LEGISLATURES AND LEGISLATION 35 proceeded to dismiss the complaint, in which most legislatures make available. accordance with prior Supreme Court Such index-digests are provided by public decisions, on the ground that the court agencies, usually under legislative control, ".., has no right to intervene or to grant in almost half of the states. An additional the relief prayed for...." group, including alimost one-third of the states, provides comparable guides but MECHANICAL DEVICES without digests. In tne remaining states The use of mechanical and other tech­ less satisfactory sources are provided. nological devices to expedite and iniprove the work of legislatures has increased in ^ CURRENT PROBLEMS recent years. The 'electric rollrcall ma­ By the close of 1959, it was becoming chine has been a means of conserving unmistakably apparent that the American much valuable legislati)5e time. Since state legislators, and particularly the leg­ 1917, when the first SJI^CTI machine was islative leaders, were consciously endeav­ installed in the Wisconsin Assembly, a oring to regain full, coordinate or coequal total of thirty-four machines have been status with the executive*• and judicial placed in operation in twenty-eight states, branches of government. Several chal­ the most recent installation in Kentucky.. lenges to action of this sort have appeared New,installations have been under con­ since the end of World War II: the Coun­ sideration in at least ten states during the cil of State Governments' Committee on biennium. Legislative Processes and Procedures re­ The use of radio and television for port. Our State Legislatures, in 1946, and broadcasting at least some legislative ses­ in revised .form in 1948; the American sion events has become fairly common­ Political Science Association's Committee place ill the majority of states. Its use for on American Legislatures report, Ameri­ coverage of committee activities, however, can State Legislatures, in 1954; the report still is Urgely experimental and more of the President's Commission on Inter­ limited. In Alabama, film strips covering governmental Relations, in 1955; and the sessions and committee hearings are National Legislative Conference commit­ shown on daily newscasts. tee report, referred to above, in 1959. Systematic court reporting of legislative These were in addition to several dozen proceedings Vill is confined to only a few studies and reports prepared in.the vari­ states—only five states and Puerto Rico, ous states during the post-war period. according to a\l959 survey by the Council This intention has found expression of State Governments. More than twenty and added strength through organization jurisdictions, hmveyer, the Council. re­ —±rough the! Council of State Govern­ ported, are preserving such records by ments and its meetings arid conferences, means of mechanical devices. through the establishment in 1948 and The bulk reproduction of bills is being subsequent growth of the National Legis­ affected by the availaJbility of inexpensive lative Conference, and through the a:ea- methods. While most, states still set bills tion in December, 1959, at Albany, New in type, an increa:sing number—more than York, of the National Conference of State a dozen in 1959—are using such methods Legislative Leaders. as mimeograph, multilith and photo off^ Probably the clearest evidence of the set. The Washington legislature, which trend is found in the mounting extent of adopted the last mentioned process in reorganization ot the internal structure 1959, found costs reduced by as^uch as and procedures of the le^slatures, re­ half compared with conventional print­ ported in. this section and in previous ing. editions of The Book of the States. Addi­ tional indication is to be found in the INDEXES AND DIGESTS OF LEGISLATION significant expansion in legislative stafiE Of great assistance to legislators and the services during the past score of yeare. public are the periodic indexes and di­ This subject is dlTalt with in the following gests to pending and enacted legislation section. 36 THE BOOK OF THE STATES OFFICIAL NAMES OF LEGISLATIVE BODIES AND CAPITOL BUILDINGS

Capitol SlaU or other jurisdiction. Both bodies Senate ' House building Alabama, State of Legislature Senate State Capitol Alaska, State of Legislature Senate House of Representatives State Capitol Arizona, State of. Legislature Senate House of Representatives State Capitol Arkansas, State of General Assembly Senate House of Representatives , State Capitol California, State of Legislature Senate Assembly State Capitol Colorado, State of General Assembly Senate House of Representatives State Capitol Connecticut, State of,; General Assembly Senate House of Representatives State Capitol Delaware, State of...... i General Assembly Senate 'House of Representatives Legislative Hall Florida, State of Legislature ' Senate House of Representatives State Capitol (Georgia, State of... General Assembly . Seiiate House of Representatives State Capitol

• •• • - • . ' - j • ' • Hawaii, State of Legislature Senate House of Representatives lolani Palace 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 (a) Iowa, State of Genera] Assembly Senate House of Representatives State Capitol Kansas, State of...... Legislature Senate House of Representatives SUte House (b) 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 Matyland, State of.: General Assembly Senate House of Delegates State House Massachusetts, Common- . ' •-• wealth of General Court Senate . House of Representatives State House Michigan, State of...- Legislature Senate House of Represfntatives State Capitol Minnesota, State of.... Legislature Senate 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 Legislative Assembly Senate House of Representatives State Capitol Nebraska, State of...... Legislature Unicameral State Capitol Nevada, State of Legislature Senate Assembly State Capitol • New Hampshire, State of General Court Senate House of Representatives State House New Jersey, State of Legislature Senate General Assembly State House New Mexico* State of Legislature Senate , House of Representatives State Capit«5i' New York, State of Legislature Senate Assembly State Capitol •• North Carolina, State of General Assembly Senate House of Representatives State Capitol North Dakota, State of ;.... Legislative Assembly Senate House of Representatives State Capitol Ohio, State of /. .".".""General Assembly . Senate iHouse of Representatives. State House{b) dklahoma. State of...... Legislature Senate House of Representatives State Capitol Oregon, State of Legislative Assembly Senate "House of Representatives State Capitol PennsyiTanla, Commonr . wealth of... -. General Assembly Senate House of Representatives State Capitol Rhode Island and Providence Plantations, State of General Assembly Senate House of Representatives State House South Carolina, State of General Assembly Senate House of Representatives 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(b) Utah, State of ./.... Legislature Senate House of Representatives State Capitol Vermont, State of General Aasembly Senate House of Representatives State House'. Virginia, Commonwealth of.... i General Assembly 'Senate - House of Delegates State Capitol Washington, State of...... Legislature Senate House of Representatives Legislative BuUding West Virginia, State of...... Legislature Senate ^ House of Delegates State Capitol State Capitol Wisconsin, State of.. Legislature Senate Assembly State Capitol. Wyoming, State of Legislature Senate House of Representatives Congress Guam..... Legislature Unicameral Building Capitol Puerto Rico, Commonwealth of. Legislative Assembly Senate . House of Representatives Capitol Virgin Islands, Territory of...... Legislature Unicameral (a) No official name. Both "State Houie" and "State Capitol" used. (b) Unofficial. t

] LEGISLATURES AND LEGISLATION 37 THE LEGISLATORS Numbers, Terms and Party Affiliations As of December, 1959 —: ' » Senate House . -Ab Cnnsti- A '• of legis­ • . other jurisdiction crats Hearts Other cies tutional crals licans Other cies total Term total Term lators 35 35 , 4 106 ... 106 4 141 •18 ' 2 .. .. . 20 4 34 6 40 2 60 27 1 .... 28 2 55 25 80 2 108 34 .. .. 1 35 i 4 98 ... 100 2 135 '28 12 40 : 4 47 ~ 32 ..1 80 2 120 22 13 35 I 4 44 21 65 2 100 29 7 36' 2 140 139 !'. . i 279(a) 2 315(a) .11 6 ., 17 4 26 9 35 2 52 5 37 1 .. ., 38 4 92 . 3 95(b) 2 133(b) / 54 54 2 205 205 2 259 Hawaii.... 11 14 25 4'-/ 33 18 51 2 76 27 17 - 44 ,2 35 24 59 2 103 lUinols...... 24 33 . .. 1 58 ;4 92 ' 85 177 2 235 23 27 50 4 79 21 100 2 150 J7 33 .... 50 4 48 60 108 2 158 .^8 32 .. .. 40 4 56 69. 125 2 16S 30 8 .. .. 38 4 80 20 . 100 . 2 * 138 39 39 4 101 101 4 140 - 12 21 33 2 58 93 151 2 184 26 3 ..• 29 4 116 7 123 4 152 24 16 .. 40 2 145 95 240 2 280 12 22 .. .. 34 2 55 55 110(c) 2 144 (c) Nonpartisan election.. 67 4 Nonpartisan election .... 131 2 198 49 ...... 49 4 140 ... 140 4 189 26 8 . .. 34 4 112 45 157 2 191 38 17 1(d) 56 4 61 31 2(d) *.: 94 2 150 Nonpartisan election.. Unicameral legislature, 2 43 7 10 . .. 17(e) 4 , 33 . 14 47(e) 2 64 (e) • New Hampshire. •6 18 .-.'.. 24 2 137 -262 1 400(f) 2 424(f) . 10 11 21 4 34 26 60 2 81 New Mexico 24 8 ^32 4 60 6 66 2 98 24 34 .. 58 2 58 92 150 2 208 . 49 1 .. .. 50 2 116 4^ 120 2 170 18 31 .. 49 4 49 64fl 113 2 162(g) . 20 13 33 2(h) 78 61*^ 139 2 : 172(i) 41 3 .. 44 4 , 110 .9 121 fa) 2;^ 1650) 19 11 30 4 33 27 60 2 90 _ 22 28 .. .. 50 4 108 102 210 2 260 23 21 .... 44 2 71 29 100 2 144 46 46 4 124 ... 124 2 170 South Dakota. 20 15 .35 2 32 43 75 2 110 28 5 .. : .. 33 2 83 16 99 2 132 31 .. .. 31 4 ISO ... ISO 2 181 Utah 12 13 ..; 25 4 ^ 42 22 '64 2 89 8 22 .. .. 30 2 . 45 200 246 2 276 37 3 .... 40 4 95 5 100 2 140 - 35 14 .... 49 4 66 33 99 2 148 West Virginia.. 23 . 9 .. .. 32 4 85 IS 100 2 132 13 20 .. .-. 33 4 55 45 l60(k) 2 133(k) 11 16 ' .. 27 4 30 26 56 2 83 21 2 Unicameral; 2V Puerto Rico. 21(1) '6(01) "3(n) 'i 32 4 47(1) 11 6(n) .. 64 4 96 (0) 5 .. 6 .. 11 2 .;.^..,..... 11

k— (a) Constitutional total of House members may vary accord­ years and also sets up a ratio and apportioning so that reappor­ ing to population increase. tionment is actually accomplished in each biennial period for (b) Constitutional total of House members varies according the succeeding session. In 1956 the Senate was increased from to legislative creation of or reduction of counties. 33 to 34, the Hoiise from J36 to 139. . fc) Constitution seta number of Representatives at not Ifsa (j)-.Total of Oklahoma House members^may vary according than 64 nor more than 110. . to population. (d) Independent. (k) Constitution seta number of Assemblymen at not less (e) Total number-of legislators cannot exceed 7S; number of than 54' nor more than 100, and the number of Senators at not Senators cannot be less than one-third nor more than one-half less than one-fourth nor more than one-third the number of the number of Assemblymen. Assemblymen. .(0 Constitutional total of House members cannot be less (1) Popular Democratic Party. than 375 nor more than 400. im) Statehood Party. (g) Number of legislators set by statute rather than by con- (n) Independentist. •tltutlon. .„ (o) The constitution of Puerto Rico provides for selection . (h) Amendment approved jNovember, 19So, Increased Sen­ of additional members from minority parties after each general ate terms to four years, staggered. Extoulon of terms will be election. Such selection Is based fundamentally on the number spread over elections of 1958 and I960.' of votes received by each minority party. (i) The constitution requires reapportionment every ten -T-

SALARIES AND COMPENSATION OF LEGISLATORS

SALARY AND DAILY PAY PLANS ADDITIONAL COMPENSATION FOR LEGISLATORS Regular session Special session Salary Daily pay plan ' plan •

•> ^—-v Amount Basic Date Travel allowance Limit on . of salary Limit salary basic Amount no. of calculated Amount ' onno. is salary Amount Additional expense State or per days of of pay of days fixed estab­ Per Number of trips allowances other jurisdiction day. pay per day of pay by lished mile •during session during session

Alabama. $10 36 L(a) «10 36 L Const. 1946 lOc One round trip .. $20 per day(a). Alaska... $ 6.000(b) ... Stat. 1959 15c One round trip (c) $40 per day Arizona.. .'.600(b.d)... Const. 1958 8c $9 per day subsistence for legislators from outside city limits of capital(d) • Arkansas.... 20 60.C 2.400(e) 6 15 C Const. 1958 5c One round trip None , • • California.. 12,000(b) ..; •Const. 1954 5c(f) One round trip $19 per day(f) ' Colorado. -. io 120 C 4.800(b.h> 20 None Stat. 1958 (g) One round trip • None during sessibn(h) Connecticut. 2,000 : Stat. 1959 10c Each day $500 expense allowance . Delaware.... 6.000 Stat. 1959 • : 15c Unlimited mileage $25 stationery and supplies , ' Florida 2.400 Const. 1954 10c • Round trip per week $15 per day Georgia..... 10 40C(b) 10 76'6ii) Const. 1945 10c One round trip $5 per day ' . HawaU...... 4.0000) 0) Const. 1959' ... . $32.50 per day for members froin ; $45 for • & Stat. , legislators from outer islands 00 Idaho. 10 60 C .^0 20 C Const. 1946 10c One round trip • . Additional.$15 a day for maximum of 60 days for committee members • ' Illinois 12,000(k) Stat; • 1957' 10c Round trip per week $50 for postage and statitonery Indiana.:.. 3.600 Stat. , 1955 6c Round trip per week None \ Iowa 30 30 None Stat. 1957. 7c One round trip None I Kansas..... S 90(b.l) ...... 5 30 L Const. & 1949 15c One round trip $7 per day I • ' Stat. Kentucky.. 25 60L(m) 25 None Stat. 1950 15c One round trip $10 per day, not to iexceed $600; $50 in lieu of . stationery Louisiana.. 50 90 C(b,l) 50 30 C Stat. 1956 10c Eight round trips and $150 per month while legislature not in session . four round trips during budget session Maine 1.600(n) 10 None Stat. 1959 5c Round trip per week Small allowance for postage, telephone, etc. Maryland..... 3.600(b) ... Const. 1948 20c(o) : $2,400 per biennium Massachusetts. 10,400(b) (p) None Stat. 1956 7c(q) Each day(q) $1,000 per biennium; weekly expense alWwance ac­ cording to distance from capital(l) Michigan..... 8.000(b) Stat. -1954 10c Round trip per month $2,000 per biennium; plus allowance for postage, telephone and telegraph Minnesota.... 4.800 25 None Stat. 1955 • 15c One round trip • In 1959, $12 per day except that legislators who did not have to leave their homes to attend session received $8 per day Mississippi... 3.000 22.50 None Stat. 1956 10c ^ One round trip(r) None Missouri...... 3f.000 Const. 1945 10c One round trip . $10 per day Montana,.... 20 60 C 20 60C Stat. 1955 7c • One round trip None Nebraska...... "I'.iu' Const. & 1934 8c One round trip $100 postage allowance Stat. . . . •. Neyada.... 25 60 C 25 20 C Stat. 1957 10c Daily commuting(8) $15 per day(s); $60 for postage, etc. 3 15 C None ' , New Hampshire. iod' Const. 1889 (t) Daily round trip(t) New Jersey 10,000(b) ..; Const. & 1954 State railroad pass None Stat. Newr Mexico.... 20 60C ...... 20 .30 C Const. & 1953 10c One round trip Stationery, postage, telephone and telegraph Stat. . allowance New York..... IS.OOO(b) ... •. . Const. & 1954 (g) Round trip per week $1,000 expense allowance at 1960 annual session Stat. • North Carolina: 15 120 C 15 25 C Const. 1956 7c One round trip $8 per day subsistence North Dakota.. 5 60 L 5 None Const. 1889 10c One round'trip $20 per day Ohio...... 10,000 . Stat. 1955- 10c Round trip per week Postage and stationery Oklahoma...... 15 75 L(u) 3,950{u) 15 75 L(u) Const. 1948 10c One round trip Postage, stationery, telephone and telegraph al-. lowance and shipping legislative supplies Oregon...... 1,200 ..... Const. 1950 10c One round trip Postage, stationery and shipping legislative sup­ plies Pennsylvania... I2.00p(b.n) (P) Stat. 1959 10c : Round trip per week. Rhode Island... 60 L{b) Const. 1900 8c • .None South Carolina. "i'odoVb) 25 40 L Stat. & 1944 Round trip per week $7.50 per day for maximum of 40 days Const. South Dakota.. 1.800 10 None Stat. 1957 5c . One round trip Tennessee...... 10 7.S 10 20 C St.-it. 1953 16c One roundjrip $5 per day « Texas.., 25 120 25 30 C Const. J954 10c One round'trip Small expense allowance determined, at session Utah 1,000 Const. & 1951 10c • •One round trip $5 per day Stat. Vermont.. ... 1,750 •Stat. 1955 20c • One round trip Stationery Vlrfilhla... 1.080 30(v) 30(v) Stat.. 1948 7c One round trip None' • ^ Washington 2,400 10 Stat, 1949 10c One round trip ' $25 per day West Virginia. ... 3.000(b) Const. 1954 10c One round trip None Wisconsin ... 7,200(w) Stat. 1957 (X). liate-distance raiio(x) $175 monthly expense allowance (y) • Wyoming 12 40 C 12 None Stat. 1941 8c One rQund trip $12 per day Gimm..'. 15 60 C(b). 1,800 None Organic 1950 None None • Is .•\ct • ••.v-----; Puerto Rico 6,000(b) Stat. 1953 ISc Round trip per week(z) $15,-per day; $200 for telephone; $100 for postage; $100 for stationery Virgin Islands ..- l,200(b) Revised 1954 (g) Eight round trips $10 per day Organic Act

Abbreviations: L.—Legislative days; C—Calendar days (1) 90 days biennial total: 60-day regular session. 30-day budget session. (a) la practice ^the legislature meets for 18 weeks. Legislators receive $210 a week In (m) Legislators are paid for Sundays and holidays during session, consequently .compen­ combined daily salary and expense allowance^ a total of $3,780 for each regular, biennial sation period usually is 72 to 74 days. ' session. . < (h) This salary becomes effective in 1961. It is an increase from $1,400 a biennium in Maine (b) Annual sessions. and from $6,000 in Pennsylvania. (c) Plus excess baggage allowance. . . (o) In terms of fixed amounts for each legislator. (d) Plus $20 per day salary (limited to $1,800 in a year) for special sessions and interim (p) Determined at each sowlon in Massachusetts. In Pennsylvania $500, or $750 if longei- committee meetings; $9 per day subsistence for days required to attend interim commit­ than one month. tee meetings, plus 8c a mile or first class public carrier. (q) Within 40-mile radius, $10 per'week expense allowance, plus 7c a mile daily to amount fe) of the House receives $2,700. to not less than)$4.S0 a week; outside 40-miIe radius, $38.50 i>er week living expenses plus 7c (f) loc a mile for interim committee meetings and $20 a day for maxlmiim of 60 days for a mile for ope round trip per week. interim committee meetings. .•..••' (r) Plus one extra round trip each 7 days at 6c a mile, (g) Actual and nectary expenses. (s) 10- c a mil-e for dail- -y commuting or $1- 5- per da- y If-. livihi. g in capital. (h) Legislators receive $100 a month during biennium plus $2,400 per biennium, paid at (t) 20c per mile for first 45 miles, 8c for next 25 miles. 6c for next 25 miles, Sc over 95 mltea.^A rate of $20 a day during regular and special sessions with remainder paid as a lump sum. (u) Legislators receive $15 for first 75 legislative days, including intervening non-legislative^ l«Klslatora also receive $20 per day, not to exceed $600 In any calendar year, while not in days, for regular or special session, otherwise $100 a month. sesslohi^for attendance at legislative meetings, plus actual and necessary traveling exiMnses. (vVEffecU vein 1960. (i). 70-day limit on special sessions called oy Governor; 30-day limit on aesaiona convened (w) For all members elected in 1958. Following 1960 elections all legislators will receive by legislature except for impeachment proceedings. / $7,200. Until then all holdover Senators elected prior to 1958 will receive $4,800 a biennium. (i) $2,500 per general session; $1,500. pe« budget session. (x) 10c a mile for one round trip; thereafter, 7c a mile for first 2,000 mites i>er month, (k) This salary became effective at the 1959 session. This is an increase from $10,000 a 6c a mile for each additional mile once a week during the session. .biennium except that holdover Senators continue to receive the old salary until present terms (f) For legislators filing a£5davit regarding necessity of establishing temporary residence expire. ' -' . at «ipital during regular or special session. (z) Minimum $10. w

LEGISLATIVE SESSIONS

Limitations Special sessions Years in on length which' Sessions convene of sessions Legislature may • Slate or .. Annual • Jan. 2nd Mon. 40 C (j) Petition.3/5 members(k) Yes HawaU... ..'. Annual(e) FelJ. 3rd;Wed. » 60 C(l) 30 ecu Ye3(m) Yes Odd Janl Mon. after Jan. 1 60C(c) 20 C No' -<• .• No § Idaho '.r. lOdd Jarf. Wed. after 1st Mon. None(n) None No • ' No • • Odd Jan. Thura. after Ist Mon. 61 C 40,C ••No . , • Y«s8' Iowa./\...... ,.. Odd Jan. ' 2nd Mon. None(o) . None No. Yes 1 ! ' Kansas,.....'... ArinuaUe) . Jan. Odd-2nd Tiles. 60L(c) 30L(c) ' ; No . Yes Jan. Even;-2nd Tues. 30 C Kentucky Even Jan... Tues; after 1st Mon. 60 L None No - No• ' . : Louisiana...'-... Annual (e) May Even-2nd Mon. 60 C 30 C Petition 2/3 elected members No(p) May Odd-2nd Mon. 30 C each house ' Maine..!...... ! Odd : Jan. - 1st Wed. None None No Yes - Annual(e) Jah. Odd-lst Wed. 90 C 30 C No- •• ,, Yes • Maryland .1 Feb. ' EvenAlstWed. 30-C Massachusetts Annual Jan. Ist Wtd. •None! None ' Yes Yes Michif^n. Annual Jan. 2nd Wed. None None No No Minnesota Odd ' Jan. . Tuea. after 1st Mon. ; 90 L None . . • • No . .Yes Mississippi. Even Jan. Tues. after lat Mon. 1 None • None No No Missouri...... '..;,... Odd Jan. Wed. after Jan. 1 ' ISOC(g) . 60 C • No No • • Montana F.-. Odd Jan. 1st Mon. 60 C 60C(c) '" No •••-.. • No Nebrasica Odd Jan. Ist Tues. • None None Petition 2/3 members No NeTsda Annual . Jan. 3rd Mon. , 60 C{c) 20 C{c) No • • No , • •• • New Hampshire...... Odd ; Jan. 1st Wed. None : 15C(c) Yes * jYes New Jersey: Annual 5 Jan. .2nd Tues. ' None None (q) ^ea New Mexico Odd Jan. 2nd Tuea. -60 C . 30 C(r) Ve3(r) YeaCr) New York...... Annual Jan. Wed. after 1st Mon. None . None •,•'... No .• No North Carolina.. Odd * - Feb. Wed. after ist Mon. 120 C(c) . 25 C(c) No • Yes North Dakota... Odd Jan. Tues. after let Mon. 60 L None • • No • Yea • Ohio ;. Odd Jan. l8t Mon. None. None -Np . • • . No Oklahdma.r. Odd Jan; Tuea. after ist Mon. • None "None •N6(s) No OTeion..,.'s: Odd Jan. ' 2nd Mon. None None .No Yes Pennsylvania...... Annual(e) Jan. . l3t Tues. None' None No No Rhode Island Annual Jan. 1st Tues. 60 L(c) None No • No South Carolina... Annual , Jan. 2nd Tuea. None None • No . • Yea South Dakota^..... Odd Jan. Tues. after 1st Mon. 60 C None •: - No •• Yea Tennessee Odd Jan. . let Mon. 75 C(c) 20C(c) No • .'-^ No Texas... .., Odd Jan. 2nd Tues. 120 C(c) 30 C 'No No Utah... Odd Jan. •• .. 2ndMon. , 60 C "^ 30 C No No ' Odd .Jan. Wed. after lat Men; None . None .No Yes Vermont..- \ Virginia. Even Jan. 2nd Wed. 60 C(c.t) 30 C(c.t) Petition 2/3 members Yea Washiiigton Odd-—*-' Jan. 2nd Mon. 60 C None No Yea West Virginia.... 'Ahnual(e) . Jan. Odd-2nd Wed.. 60C(u) None Petition 2/3 members ; No • Jan. Even-2nd Wed. 30 C(u) Wisconsin Odd Jan. 2nd Wed. None • None No • . No Wyoming.... i.... Odd Jan. 2nd Tues. . 40 C , None No. Yes Guam...... Annual Jan. 2nd Men. 60 C(v) 14 C .No No Puerto Rico Annual Jan. 2nd Mon. 111 C(g.w) 20 C „ No No Virgin Islands Annual Apr. 2nd Mon. 60 lS(x) No . No . Abbreviations: L—legislative days; C—^^Calendar. days. (m) Legislature may convene in special session on 4Sth day aiilr adjournment to act on (a) Legislature meeta quadrennially on second Tuesday in January after election for pur- bills submitted to the Governor less than ten days before adjournment if Governor notifies poac of organizing. V the legislature he plans to return them with objections. (b) Un!les s Governor calls and limits. ^ (n) By custom legislature adjourns by July 1, since all bills passed after that .day are not (c) Indirect restrictloi^'on session length. Legislators' pay ceases but session may continue. effective until July 1 of following year. (d) Governor may convene General Assembly for specified purpo8e.^,,After specific business (o) Custom and pay limit session to 100 calendar days. is transacted, a H vote of members of both houses may extend seaAloiis up to IS days. (p) Unless legislature petitions for session, or may be extended by vote of H elected mem- (e) Alternate year budget'eessiona are held, all except the Ixtuisiana scBsion meeting in the bera of each house. even-numbered years. (q) Petition by majority membera of each house to Governor, who then "shall" call special . (0 . Exclusive of Saturdays and..Sundays. session. (S) Approximate lengthjof session. Connectltut session must adjourn by first Wednesday (r) Limitation does not apply If Impeachment trial is pending or in process. Legislature, a(ter.firBt Monday In June,"Missouri's by May 31; and Puerto Rico's by April 30. may call 30-day "extraordinary" session if Governor refuses to call session when requested. (h) Length of session'may be extendcd.by 30 days, but not beyond Sept. 1. by H vote of by ?i of legislature. both houses. - . (sV Governor may convene Senate alone in special session. (i) Twenty per cent of the membership may petition the SecretaVy of State to poll the •(t) May be extended up to 30 days by H vote of each house, but without pay.- Iceislature; upon afHrmatlve vote of ii of both houses an extra session, no more than 30 (u) Must be extended by Governor imtll general appropriation passed; may be extended by days In length, may be called. Extra sessions called by the Governor are limited to 20 days. H vote of legislature. (j) Seventy-day session limit except for impeachment proceedings if Governor calls B<:S- (v) Organic Act specifies legislature may meet for 60 days during each year, statutes specify sion; 30-day limit if leslslature convenes ittiell: legislature shall meet for 30 days twice each year. (k) Thirty-day limit. .(w) Session may be extended by adoption of joint resolution. (I) General oesstons, odd years 60 days; budget sessions, even years 30 days. Governor . .(x) No special session may continue longer than IScalendar days and the aggregate for the may extend anjrsession for hot mpre than 30 days. 'Sundays and holidays shall be excluded year may not exceed 30. in computing the number of days of any'session. -c

V IT

LEGISLATIVE PROCEDURE: OFFICIAL RECORDS =f -Journal- Records of com' Permanent Verbatim record ' niittee hearings State or olhar PiMuhtd Shovtt rulings Shows all jourTutl of Proceedings of and proceedings juritdictUm daily. of chair volts Checked by indexed . houus Tnaintained taken

Alabama...... No(a) • No .Finalpassage House—Committee on Rules; Senate- Yea NO. No Committee on Revision of Journal Alaaka Ye« Yei Yes—except voice Committee on Engrossment & Enrollment Yes No Yea(b) and standings^ .' - ~- votca Arizona...... No(a) Yes Yea House—Chief Clerk; Senater-Secretary Yes—subject, bill, No (c) VT- sjionsor Arkansas. No(d) Yes Yes . Journal Committees Ye3(d)—bill No • No. ••... Yes Yes—subject, bill, •.No. California..... 1 j Yes . Yes House—-Chief Clerk; Senate—Journal Clerk • sponsor :-T- No Third reading Yes—subject, bill, Rarely ' Colorado...... Yes Yes Houserr.Chief Clerk; Senate—Secretary sponsor, committee No Only when a divi­ Yes—subject • ',• Yes : Connecticut Yes No sion is ordered Clerks Yes Yes House—Chief Clerk; Senate—Secretary Yes—subject Delaware..'. No(e) Xo No (0 fe Florida...... Yes Yes Yes—for bills and House—Chief Clerk; Senate—Secretary Yes—bill, sponsor.' • No . proposed consti­ ^ subject No tutional amend­ ments, (g) Georgia.... No No Totals only. . House—Committee on Auditing, Enrolling Yes No •No '' & Engrossing Journals; Senate—Adminis­ trative Affairs Committee Hawaii...... House—Yes Yes House—TNO Yes—subject In part Yes , Senate—No Senate—Yes House—Speaker; Senate—rPresident Idaho....'...... Yes, (h) Yes Yes—subject, bill. In part Senate—Yes Journal Committees • •gubernatorial ac­ House—Some tion • ' iUlnoU...... Yes . N6 . • Yes Itbuse—Speaker; Senate—Secretary Yes—subject, bill House—In part(l) House—Yes Senate—No Seriate—^No Indiana..... No(a) Yes Yes House—Committee on Correction of Jour­ Yes No nal; Senate—Committee on Supervision and Inapection of Journal Iowa ..: Yes ' Yes Finalpassage,and House—Chief Clerk and House members; Yes—sponsor, sub­ No Minutes only when yes-no Senate—Secretary iand Senate members . ject votes are taken Kansas..:.. Yes . Not alwa Finalpassage Journal Clerks , , Yes No . • • . No Kentucky,.. ...^ No (J) Yes jLegislative Research Commission Yes ^^*^- No(k) Louiaiana..'...... Yes 0) Yea House—Clerk; Senate—Secretary Yes In"p£ir t No Maine....' House—Yes House—(j. 0 Ye3(i; .House—Clerk; Senkte—Secretary • Yea—subject, bill ,';Yea No . ' Senate—Yea Senate—Yes(i) i& .0 Maryland...... No No , Third reading Department of Legislative Reference Yes—subject, bill .No No Maasachiuotts.. Yes •. Yea. Yes . House—Assistant Clerk; Senate—Clerk Yes No .• No . Mlchiftmn...... Yes Yes Final passage House—Clerk; Senate—Secretary ^ Yei—subject, bill, In part(i) Yea(l) sponsor Minnesota..... Yea House—Yea Yes House—Assiatant Chief Clerk; Senate- Yea—subject, bill. Houae—No ' •, Yea(l) Senate—Ye8(b. y ; . Secretary' . sponsor . Senate—(b) •~y Mlsslmlppl..... No(a) . Yes House—(m) House—Clerk; Senate—Secretary Yea ' No .No —> Senate—Yes Mlasourl...... Yes '••}'. Yea Yes House—Chief Clerk; Senate—Secrietary Yea—aubject, bill, :No • S- No aponaor Montana • Np(a)" ; • Yea' Yea . Journal committees * - Yea-aubject, bill No Minutea oAly ' Nebraska Yes- ; •. Yes • / •' No "Clerk , ..• Yea -No - Yes(n) Nerada Yes Yea / Yes Legislative Counsel Bureau Yea—subject, bill : • In part(b) . Yea(o) New Hainpahlre Yea . Yea / . '. Yes. ••-' • Honae-Committee on journal; Senate— Yes—subject House—No Yea(

LEGISLATIVE. PROCEEJURE: OFFICIAL RECORDS—Continued

-Journal- Records of com- Permanent . Verbatim record miltee hearings Slaiei^ other Published Shows rulings Shows all journal of proceedings of and proceedings jurisdiction daily of chair votes. Checked by indexed houses maintained taken Tennessee House—No Houses-Yes Yes Clerks. ' / • Yes Ye8(u) .No Senate—No Senate—YesCb) Texas Yes Yes \ Yes Journal Clerks Yes No MinutesCv) Utah. • Yes Yes Yes Chief Clerks and Minute Clerks Yes—subject; bill House—Ye3(w) Minutes only Senate—No Vermont Yea Yes Yes House—Clerk; Senate- etary •• Yes-^8ubject. bUl '.No • House—Yes Senate—(x) Vlrftlnto...... No(a) House—No House—when yes- Clerks. Yes—subject iNo . " • -No Senate—Yes. • no vote. taken Senate—Yes

Washington.... No ••'. Yes.. Yes House—Chief Clerk; Senate—To-irnal Yfj—^-roi'jict. bill House—In part(l) House—Yes(i.'l) i Clerk Senate—No Senate—Yea

West Virginia.. Yea • Yes ,;.• Senate—Yes House—Members; Senate—Clerk Yes—subject, bill, House^Yes ••.. •Yes-; House—Final sponsor Senate—In part passage Wisconsin...... Yes Yea Yes Chief Clerks . . Yes—subject, spon­ No Yes t sor, lobbyists Wyoming No(a)' .No . Yes ".House and Senate Attorneys Yes No No ••':

Guam..... Yes ••• ' Ye«- • Yes Legislative Staff Director and Legislative Body Yea Yes Yea

Puerto Rico.... Yea No ' •1?es Secretary " Yes—subject Yea Yea(k)

Virgin Islands.. Yes :. . -Yea- " .. Yes The Leglsiature ' No Yea (I)

. (a) •Dally joumailB prepared, but maintained in typed form. Permanent.'joumal la printed (o). Committees occasionally, but not aa a rule, have a stenographer or mechanical recorder after close of session*. • take testimony, especially of witnesses. Assembly Judiciary Committee has a full-time • fb) Upon request. • stenographer. (c) Some minutes are taken of public hearings on controversial measures and kept in files (p) Senate record appears In both dally and permanent journals. of the respective bouae clerks. (q) Proceedings of House and Senate Judiciary and Ways and Means Committees and of (d) Daily journal Is prepared, but maintained in typed form. Permanent journal Is printed ' Hou«e Appropriations and'Senate Finance Committees are recorded; other House and Senate only occasionally. . • *' •_ _^ . • •. • committees have minutes wiiich vary in completeness. (e) Daily journal la not prepared. i (r) A separate bill history la published and bound with journala. Bill history la a nuraerical Index which gives legislative day of each stage of the bills. (0 Records are maintained on proceedings of Joint Finance Committee. . • ,, (B) Record maintained In separate notebook, (g) Also on any question upon demand of five meipbers; (t) Dally journal is permanent journal. (h) Depends on Importance of question. (u) RecordlnKs are made by the Library and Archives for historical purposes only. The (i) Published in permanent journal. journal is the official,record. (j) Ruling of chair is recorded only if it is appealed. (v) Minutes of p.U standing committee hearings kept but not printed. Occasionally ver­ (k) 'Some public hearings and investigations recorded. In Kentucky,, committee vote on' batim testimony before investigating committees may appear in full aa supplement to the bill is reported with bill to the whole House. journals. (1) Upon request of committee or committee chairman. / (w) A tape recording of entire proceedings of the House was Instituted In the 1957 seaslon. (m) If speaker •ubmita written ruling. The recording Is preserved by-the Utah State Historical Society and Is not open to the public Cn) Reports of thoae appearing before committees and material presented in the narrative for a period of ten years. ,• •rerecorded. .<•/ (x). Sometimes the proceedings of the Senate appropriations committee are takenr y ^

LEGISLATURES AND LEGISLATION 45 LEGISLATIVJE PROCEDURE: STANDING COMMITTEES AND HEARINGS

No. of standing committeei.at ' Range irtsfu House' most recent of Hearings' • committees . Senate regular session • committees • open Stale or appointed ' committees , ^" N ., • —* ^ to other jurisdiction by Speaker appointed by House Senate Joint House Senate Joint public* Alabama • President 17 30 0 7-15 3-21 Dis. Alaska (a) (a) 10 10 0 5-7 3-5 Dis. Arizona •*• • President 21 21 0 ; IS 7-11 Dis. Arkansas .,*— President 68 25 1 5-28 5-10 12 Dis. California.... • Comm. on Rules 26 20 1 6-28 5-13 ...'. Yes Colorado.. • Resolution 18 20 1 3-19 3-20 6'. Dis. Connecticut *' Pres. pro tern. 0- 0 28 ^ (b). Yes Delaware.. • ^Pres; pro tern 22 22 0 5 5 .... Dis. Florida * President 54. 38 1 5-25 7-13 6 Yes(c) Georjtia. i.. " * '. President 24 16 0 5-15 5-35 ..... Dis. Hawail(d) . • , President(e) 26 18 0 5-11 3-10 Dis. Idaho ;. • President 20 • 22 3 3-11 5-11 ,9,-18 Dis. Illinois. '.'" • Comm. on Comms. 23 23 0 6-41 3-29 Yes Indiana * President 43 39 2 4-16 6-11 8-12 Dis. Iowa •*• President 40 32- 2 7-46, ,; 1-27 9 Dis. Kansas ,... * President . 43 30 1 3-23 "5-11 12 Dis.

* • * , Kentucky • President 15 18 ' 0 11-34 9-16(f) Dis. Louisiana • President 16 17 ' 0 16-20 6-17 Dis, Maine ..;..... • President 7 3 24 4-16 3-12 7-10 Yes Maryland...... * . President 14 14 • 3 5-35 3-15 6-10 Yes Massachusetts./,.. •*• President 6 4 31 3-15 "^3-8 15 Yes MIchlttan ^... * Comm. on Comms. 47 • 20 0 5-15 5-7 .- Dis. Minnesota ".»... * . Coram, on Comms. 39 20 0 5-29 10-23 Yes . Mississippi. • Lt. Governor 50 46 5 5-33 3-26 5-13 Dis. Missouri:. • Pres. pro tem ^45 26 1. 4-41 5-13 14 Dis. Montana.. ^r Comm. on Comms. 36 ,,36 0 5-18 .3-11 Dis. Nebraska (jt) Comm. onComms. (g) 14 • (g) (g) 1-8 (g) Yes Nerada • President 27 19 0 5-13 3-5 .... ' DFs. New Hampshire.... • President 25 18 1 5-21 3-7 9 Yes New Jersey •. President 16 A 16 4 7 5-7 12 Dis. New Mexico :.. Mh) Comm. on Comms. 16(i)i& 70) 0 7-14-7-11 •.... Dis. New York • Pres. pro tem 36 28 . 0" 15-20 6-25 ..:. Dis. North Carolina/.... • President 43 32 ;•, 4 8-62 6-26 Yes North Dakota • Comm. on Comms. 21 18- "X) 3-22 3-17 Dis. Ohio ; • Pres.protem 22 13 4- 7-23 7-11 4 Yes Oklahoma...... •(!£) (1) 39 40 ,0 3-30 2-28 .... Dis. Orefton.... • President 20 21 1 6-11 5-7 14 Yes Pennsylvania • Pres.protem 32 22 0 15-20 9-24 Dis; Rhode Island...... • Named in rules 15 17 .6 8-17 5-10 . 8 Dis. South Carolina.... ,. • Elected(m) 8 36 4 5-27 5rl8 6-15 Dis. South Dakota •* President ' 50 27 0 3-15 3-15 Dis. Tennessee ^ '-• , Speaker 17 17 0 17-33 11-17 Dis. Tezais , ,• President 43 24 0 5-21 5-21 Yea Utah...... \. • President 22 15 1 5-17 5-7 28 Yes Vermont .\X . * ' . Special comm, 18 18 3(ri) 5-15 3-6 6-56 Yes VhrtUnla \\ • Elected _^ " 34 21 3 NA NA NA Dis.Co) Washington .>\ *k President 31 33 0 6-51 3T32 'Dis. West Vlrftlnla...... \ • President 25 29 3 .10-25 3-18 5 Dia. Wisconsin \ •*• Comm. on Comms. (p) 23 11 2 3-11 3-10 5-14 Yes Wyoming \ * President 18 16 1 7-10 2-5 .... Dis. Guam....-: \ ft) 0) (g) NA * (g) (g) ' 7 .(g) Yes Puerto Rico \* President 16 16 4 7-23 5-17 7-16 Dis. Virgin Islands \) Elected . (g) • 4 (g) (g) 5-7 (g) Yes •Abbreviations: Dia.—Discretionary; NA—Information not (h) Standing Committee on Committees advises him. available. ' '\ * • , (i) Only 12 consider legislation; 4 are procedural. .(a) Nominated by Committee on Committeea and elected by (i) Also the Committee on Committees. House and Senate respectively. . .\ . . (k) Confirmation by House. (b) Not more than seven Senator?, nor, twenty-five Represent— (1) Senate electa Senate standing committees. Appointments . tatives. \ to temporary and special committees, in Olclahoma. are made (c) Senate committees sometimes mecmn executive session. by the Senate presiding officer. (d) 1959 territorial legislature. \\ (m) Special committees are appointed. (e) Except four select committees made np of Senators from (n) Corresponding committees of each house usually meet (each of the four counties. \\ folntly. • • ^ ({) All but one committee has nine memben. (o) Final vote by a House committee must be in open session.- (g) Unicameral legislature. • <5__ V\ (p) Confirmation by Senate.

<-*-x

^ 1 \ •p

>

LEGISLATIVE PROCEDURE: BILL INTRODUCTION AND REFERENCE

Exceptions to limitations

• By Reve­ At Pre- indicated For nue and re­ session Pre- -' vote of . com- appro­ quest biU session Biils referred to commiUe* Commit­ appro- mit: pria­ drafting biU by tee must ' Stale or other Time limits on- priate tee tion Gov­ service filing r ' report jurisdiction introduction of bills f house - bills bills ernor Other provided permitted House Senate aUbUls Alabama.., No limitations • Yes(a) No Speaker ., President No Alaska... 45th-day 2/3 vote Standing com­ Yes Ye.i Speaker . President No mittee bills

Arlzdna ;.. Senate—50th day -^'2/3 ' •• . Yes(a) No Speaker President No House—50th day .••• •• By action of Rules Committee , Arkansas. None last 3 days Yes No Speaker President Yes Callfonila Regular—120t& day(b) 2/3 Yes(a) ,No Speaker Rules Comm. Ye8(c) Budget session—No .__.., limitations . Colorado ; Set.at last week • • •• YesCa) No Sjwaker President Yea(c) Connecticut ^ Fixed at session(d) (V) X X Yes(a) Yes Speaker President No Delaware c... Yes (a) No Speaker P.O. No Yes No Speaker. President Yes Florida ''!.• No limitations ... Georgia No limitations ... Yes Yes Speaker. President No • Hawaii 40thday{f) Unanimous • •' "^ Yes No Speaker President • Yes g^ Idaho.....' Fixed at session . ,* ---—i:.;. • No. No SiJeaker - President Yes Illinois Minor limitations(g) No Speaker ~~~~ Bills Comm. No Indiana. •... Senate—33rd day Majority /Yes-. No Speaker President No House—30th day .... —2Sth day in 2/3 X •• — No No Speaker President No February ;_ , House—last legislative X r day. in February .4 Kansas ' Fixed at session ... ,.•• Yes(a) No S[)eaker President pro tern No Speaker President No Kentucky No limitations ... ,. • • . • Yes(a) No Louisiana /... Regular—21st day 2/3 elected Const, amendments, Yes Yes Si>eaker(h) President(h) No I Budget session—10th 30 days ( day Maine . Fixed at session Unanimous Yes(a) Joint Committee(i) NoO) • •• ••• No Maryland Regular—70th day 2/3 Yes(a) No Speaker President No ' Budget session—20th day Massachusetts. . . Must be introduced one 4/5 pres<5^t • •. • • .X Bill.s in reports due YesCa)- Re quired (k) Clerk(l) . Clerk(l) Yes: month before session • and voting after convening

-. Michigan By joint rule • • X ... Yesfa) Yes(m) Speaker President (n) No Minnesota...... 70th day ... X Yes No Speaker President No Mississippi None last 3 days(o) ... Yes No Speaker . President No Missouri 60th day r* Majority , X X Yes(a) No Speaker President Yes —20th day . 2/3 Substitute bills for Yes No Speaker President Yea House—20th day 2/3 ' X ^ bills pending Nebraska...- 20th day 2/3 elected X X Ye3(p) Yes(ti) (r) Ref. Comm. No Nevada...... Senate—No limitations ... J^es No Introducer Introducer No House—40th day odd years 2/3 X 30th day even years New Hampshire.. 3rd Thursdiay 2/3 elected (3) ... Yes Yes Speaker PSllident estcj New Jersey. 6th week X(t) .... Ye3(a) No Speaker ' President No New Mexico 4Stb day X Yea (a) No Speaker President No New York..;..... Fixed at session ... . Yesiq) Yes Speaker President pro tern No North Carolina... Fixed at session ... Yes(a) No Speaker President Yes /.-^- North Dakota 25th day 45th 40th Yes (V) Speaker President Yes day(u) day Ohio. By joint rule 3/S elected *. ^ YesCa) No Reference Comm,« Majority Leader No Oklahoma. No limitations(o) Yes Yes(w) Speaker President No Orefion Senate—3Sth day ;i (y) Approved by Rules YesC^) No P.O. P.O. No . and Bills Committee, or true substitute bills House—2Sth day(x) (y) Approved by Rules Committee Pejansylvanla... Senate—No limitations Yes(a) No Speaker ;P.O. No House—June 17(z) X Rhode Island... Joint rules One day notice, title YcsCa) No Speaker President No and explanation read South Carolina. No limitations Yes(a) No P.O. P.O. No South Dal^ta.. Fixed at session 2/J members .. ..- Yes V No Speaker President No present and . majority of members elected Tennessee. None last 3 days Yes , No • Speaker Speaker No(aa) Texas 60th day 4/5 members X Yes No Siwaker President No Utah. Senate—30th day Senate-^unani- 40th (ab) No(ac) No , Speaker President Yes House—35th day mous day House—majority Vermont. •7th week(ad) 3/4 present and ^Kae) YesCa) Yes(q) Speaker President, No voting ' „ ' Virginia. (af) Yes(a) No Speaker President No ^ Washington.., 40th day 2/3 elected ' .. Yes(a) No 'Speaker President No J5 West Virginia. 50th day 2/3 present and Yes Yes(q) Speaker President No voting(ag) ( Wisconsin...^ 44th day(ad) No limits for Legis- YesCa) (ai) . Speaker P.O; . Yea lative Council or for some commit- teesCah). Vi^yomlng ,, 20th day Unanimous No •No Speaker President No (aj) Guam u No limitations Yes No (r) Comm. on Rules No Puerto Rico 60th day Majority X(ak), Yes No Speaker President No • Virgin Islands.... No limitations No Yes .~ (h) Upon motion of author. • ^ (ac) Legislative Council has authority to assist. (i) Composed of President of Senate, Speaker of House, two Senate membera, and three (ad) Except for proposals delivered to draftsmen by that time. House members. (ae) Committee bills may be introduced until ten calendar days after annual town meeting (i) Done as a matter of practice. held nrst Tuesday in March. Special rule permits late introduction by Ways and Means k) Billa must be introduced in December one month in advance of session. ' Committee. (aO 20 day limit for municipal charter bill. (ag) Permlasion must be granted by concurrent resolution setting out tltle-of bill. (ah) Joint Finance Committee or (committee on Revision, Repeals, and Uniform Laws. (ai) Bilb are printed to a limited extent, and these are Kiven numbers. iI) Subject to approval of presiding officer. ' ' . - . (ai) Billa may be forced out by request of member on floor. m) Pre-«easion filing permitted at second session of biennlum, not at first session, (ale) In substitution of a bill already Introduced. n) Senate may. determine where bill is to go. no) No appropnation or revenue billa may be passed during last 5 days; In Oklahoma no revenue bills. . Eatabliahed month prior to aession. . ' . ' Permitted but engaged in to limited extent. 3 -^

0* 48 THE BOOK OF THE STATES LEGISLATIVE PROCEDURE: BILL AND LAW PRINTING PRACTICES

Availability of new laws in advance of bound session laws* Ad- No. of Jndi- vance months tt'hen bills printed vidual sheets, after copies peri­ Not session upon i Upon of odic avail­ when •• . assign- After After pas­ Amend­ new pam­ able session Upon ment com- sec- sage ments • laws, phlets News- until laws - inlro- to milite •^ond to slip as Paper bound volume Stale or other duc- com­ ap­ . read- legis­ bills laws, laws edi­ vol­ becomes' jurisdiition tion mittee proval tng lature Printed etc. signed tion ume availablei Alabama (a) No X 3 months Alaska X Yea X 4-S mohtha Arizona....;...... X(b) No X 6 months Arkansas X Yea 6 months California..;,... X(c) Yea X X 3 months Colorado ... X(d) (e) X 5 months Connecticut X^f) Yes X(g) 3 months Delaware X Yes X 3-6 months Florida X(h) (0 X 3-4 months Geomla X(h.)) X(k) YeaCj) 2-4 months Hawaii... XU) Yes(l) X 9-12 montha ^daho.... X Yea X 2 montha lUlnois...... X Yes(m) 3 montha ndlana.. X X(n) (o) X(g) 3-4"month9 {owa X(p) Yes(n) X 2 montha Kansas X Yes(q) X(g) 3 months Kentucky X(r) X(3) No X 2-3 montha Louisiana X(li) (t) X S-6 montha Maine...... X(u) X(g) X 3-4 months Maryland X X .X(n) 0a)' X X 2-3 months Massachusetts.. X (i) X 12 months Michigan X (i) X 60 days Minnesota X(w) .. (X) 4 montha Mississippi. X (X) X 6 months Missouri X (i) 6 months Montana.... 'x(y) Yes X 3-4 montha Nebraslia X Yea X(z) 3 months Nevada X Yes(aa) X X 4 months New Hampsh ire. XCaa.ab).. (i) X. 6-7 months New Jersey X Yea X X 5-8 months. 2 months ' New Mexico X No-- (ac) J-i New York...... X X(ad) Yes X .9A* 9 montha North Carolina.. X(v) No X 3 months North Dakota... X (ae) X 3 montha Ohio. X(k) (dj) (0 X 4 montha Oklahoma .•._.. X (i) X 4-5 months Orctlon X Yea 2-3 months Pennsylvania... X X X(.ic) Yea X 6 montha - Rhode Island... (a) No X{g) 6 montha South Carolina.... X X Yea X X 3 months South Dakota... X 2-3 months (i) X(ac) Tennessee.. X(h) (af) X 6-8 montha Texas X(h) (i) X(ag) 3 months Utah X(aa) 2 months No X(g) Vermont; X (i) X 6-8 months Vlrjllnia X (n) 3 months Washington X (n) X(g) X(ah) 6 months West Viminia..... X (ai) . X 6 months Wisconsin.. X(aj) Yea X X 4 months Wyoming X Yea X 3-4 months Guam X Yea Yes X 3 montha Puerto Rico X X Yea X{g) 6 months Virftin Islands... X X Yea X 9-12 months 'ae^

LEGISLATURES AND LEGISLATION 49

LEGISLATIVE PROCEDURE: BILL AND LAW PRINTING PRACTICES—Continued i (Footnotes)

*May Include alternate forms of bulk duplication. . (q) BMI reprinted with committee amendments in heavy type. tTime of printing of beasion laws may vary from year to year; (r) Upon receipt, by Legislative Research Commission. figures are approximations. (s) General Assembly version incorporates house of origin (a) Bills may be printed at any stage. In'Alabama unusually amendments. Important or controversial bills and appropriation bills are (t) Senate and House floor and committee amendments are printed at the order of either house, a. standing committee of printed in journal. either house, xir the chairman of a standing committee. (u) Committee on Reforence ipf Bills generally directs the (b) In the House if no objection by Committee on Printing: printing of pending legislation prior to referral to committee. In .the Senate unless otherwise ordered. ' Bills arc usually printed. (c) Mandatory before passage; optional on Introduction, (v) A House rule requires amendments to be printed or repro­ id) After Referral Committee orders bill to be printed. duced before being acted upon unless Comnuttccon Rules and le) Only if adopted. Either on'sccond or third reading or as ' Business of the House recommends it be dis^nsed with. recommended by Conference Committee. ' (w) All bills favorably reported by committee or reporlcd • (f) Printed by offset upon introduction. After favorable ..without recommendation anu, further, a bill may be ordered report by committee a file copy of bill is printed. printed by\i majority vote in either house. (g) In limited quantities. In Connecticut and Utah a limit«6 (z) Optional. number of engrossed copies is available; in Kansas a limited (y) One-third vote in House and majority vote in Senate number of enrolled copies of more important enactments fre­ may order a bill printed at any time. quently is ordered by Senate and House, and state agencies (z) Printed before passage, final reading. Also may appear sometimes reproduce copies of enactmcifits of particular inter­ in Supreme Court Journal. est; in Rhode Island certain impol-tant measures are available (aa) Unless otherwise ordered. in slip law form; in Puerto Rico each house issues a limited (ab) After second reading, which is by title only, bills are re- number of pamphlets containing the.engrossed copy of bills and '^fcrred to committee and then printed. joint resolutions approved by the'Governor which appear within (ac) Laws with emergency clauses. In New Mexico photo- 4S days after the Governor approves last bill.'and the Secretary offset copies are available Irom Secretary of State one week of State prints limited quantities of the most important meas­ ^ter signature. In.South Dakota they arc available imme­ ures approved in slip laws. i diately. (h) General bills only are printed. In Tennessee local bills (ad) All bills, if reported with amendments or amended in need not be reproduced; in Texas bills of general application the Senate, are reprinted immediately unless amendment re­ are printed after committee approval, local bills are not. In stores bill to earlier printed form. Louisiana, Senate usually prints all bills. House generally does • (ae) Reprinted on colored paper if amended extensively in not print local or special bills. ) house of origin. Other amendments printed in journals. (i) In the joamals. In Oklahoma, in journal except for Com- ' (aO Upon request by speakers or General Assembly. mittee of the Wholifamendments. ! (ag) House bills of general interest becoming law are printed' i) In the House. ' \ as an appendix to daily House Journal. In addition, the pub- . C-^ lishing-company which holds the printing contract for the ses­ sion laws publishes an advance sheet that appears at intervals S k) In the Senate. during and after the session as bills are signed by the Governor. 1) In 1959 sesision the legislature permitted the use of "short This service is furnished to the persons subscribing to the An­ form" bills which were one page outlines stating purpose and notated Texas Statutes. general means of achieving purtiosc. Ameri^ments to bills are (ah) Appear as "temporary publications" with five or six printed with redrafts of bills if itsne and circml»tances permit, numbers per session, the first volumes appearing during the (m) When adopted on second reading. V session. (n) Reprinted if amended. In\Iowa, Virginia and Washing­ ton if extensively amended bill is usually reprinted. (al) Upon.motlon. ' (o) Committee and second refuting amendments arc Incor­ 1949 law authorizes the printing of bills between sessions, porated in reprinted bill. | but no distribution until session convenes. (p) Companion bills are not printed.

Si^

i~ Q*t)

LEGISLATIVE PROCEDURE;: HOUSE AND SENATE ACTJON

RtadiMgs Roll cell on final Passat*; * mandatory on request of Majority On of members Stali or other separaU Senate House Electric roll required to pass jurisdictioH Numbtr days In full members members call device Alabama 3 Ve« 3rd 1/10 present 1/10 present House Present & vtOing Alaska 3 Ve8(b) 2nd(c) AUbiUs AU bills No MembershiJ}. . Arizona 3 Yes IstCd), 2nd(d). 3rd 2 2 No Elected ^ Arkansat...... 3 YesCd) Ist. 3rd 5 5 House Elected California 3 Ycs(d) 3ni 3 3 Assembly Elected Colorado 3 (e) 2nd(f), 3rd(f) AU bUlsCg) All bills(g) No Elected Connecticut 3 (h) 2nd. 3rd 1/S present 1/5 present House Present & votingCi) Delaware. .3 (e) House—3rd(j) All bills , joint and concur­ No Elected Senate—2nd(j) 1 rent resolutions Florida....:.... 3 Yes (k) House Present Georftia 3 3 3rd0) 1/5 present 1/5 present House Elected Hawaii 3 ' Yes • 2nd(m), 3rd AU bUl8(K) All bUl8(g) No Membership .Idaho...... 3 YesCd) ^ 3rd 3 3 No Present IlUnoU 3 Yes ist, 2nd, 3rd 2 S House Elected Indiana 3 Yc8(d) iBt(d). 2nd(di. 3rd 2 2 Both houses Elected Iowa 3 (n) 1st, 2nd, 3ra(o) 1 1 House Elected Kansas 3 -, Yea(d) . 3rd All bills and House Elected joint resolutions Kentucky...... 3 Yc8{p) Ist. 2nd(p). 3rd(p) 2 2 House -2/5 elected & maj. voting Louisiana...... 3 Yes One reading All bUls and resolutions Both houses • Elected Maine (q) . Ye3(d) IstCd). 2ndCd) 1/5 present 1/5 present No Present & voting(i) Mturyland 3 •Ye8(d) AU biUs and joint resolutions House • Elected Massachusetts.. 3 Yeair) 1/S present 30 . No Present & voting (i) Michigan 3 (e). 3rd(f) 1/S present 1/S present House Elected Minnesota...... 3 Veafd) 1st, 3rd 1 15 Both houses Elected • Mississippi. 3 YesCd) 3rd I/IO present 1/10 present House Present & voting(i) Missouri 3 Yes All bills and joint resolutions House Elected Montana 3 No 2 10 House Present •Nebraska 2 (a) ist, 3rd 1 CUnicameral) Yes Elected Nerada. 3 Yes(d) 3rd All bUls and joint No • Elected resolutions Mew Hampshire. 3 (e) No , (t) New Jersey 3 YesCu) 1/5 present 1/5 present House Membership New Mexico 3 (V) 3rd 1 1 No Present NewYork^ 3 (w) - 1 " 1 . No Elected North Carolina.. 3 Ye8(d) 1st, 2nd, 3rd 1/5 1/S No Present & voting(i) North Dakota... 2 Yea 2nd 1/6 present 1/6 present Both houses Elected (x) Ohio...... ^ 3 Yc3(y) 3rd All bills AUbUls House Elected Oldahoma...... 3 Yes 3rd(d), Maj. elected Maj. elected No Elected Orejlon 3 Yes(d) 3rd(z) AU bUls and joint resolutions No Elected Pennsylvania... 3 Yes Ist, 2nd, 3rd AU bills AU bills No Elected Rhode Island... 2(f) YesCf) 2nd 1/S present 1/5 present No Present & voting South Carolina.. 3 Yes 2nd 5 10 No Present & voting(i) South Dakota... 2 Yes Ist, 2nd(o) AU bills AU bills No Elected Tennessee 3 Yes(aa) 3rd AU bUls All blUs Both houses Membership Texas 3 Yes 1st, 2nd. 3rdCo) 3 3 House Present & voting Utah 3 YesCd) 3rd AU bUls AU biUs • No Elected Vermont...... 3 2nd 1 . 5 No Present &v6ting(i,ab) Virginia 3(ac) YcsCac) l/S present 1/S present Both houses ~ 2/5 elected & maj. voting Washington! YesCad) House—2nd, 3rd 1/6 present 1/6 present House Elected Senate-3rd WMtVirftinia... Yesfad) Yes 1/10 1/10 House Present & voting Wisconsin.....; 3; (ae) 1/6 present 1/6 present .House Present & voting(i) Wyoming 3\ YesCo) Ist, 2nd, irdCo) 1 1 No Elected Guam...... 31 CD 1st 3 - No Elected Puerto Rico..... 1 . 1st All biUs Ali bills '' \ No • Elected Virgin Islands... 2 YeV 2nd AU bUls (Unicameral) \ No Present & voting (a) Special constitutlonall provisions requiring special majori­ (r) Except under suspension of rules, then all readingii in one ties for the passage of emergency legislation or appropriation or day. \ /revenue measures not included. (s) Second reading abolished. Rules often suspended and re­ ' (b) Bill may receive second and third readings on same day ferred to committee same day as fi^st reading. ^ when three-fourths of membership agree. (t) House: A majority of the members is a quorum for doinK (c) Only if three-fourths ofi the members present order it read business, but when. liEBS than two-thirds of elected mem tiers afe la full. I present, the assent of two-thirds of those members is necessary (d) Except by two-thirds vote. to render acts and proceedings valid. Senate: Not less than ' (e) Second and third readings only on separate days, thirteen Senators shall make a q^jorum for doing business'; if m Except by unanimous ct^nsent. , . less than sixteen are present, thi^assent of ten is necestiary to (it) For final^aasage of bills. Otherwise on request of any one, render acts and proceedings valia. member in Colorado; on requ(;8t of one-fifth of ' members (u) "Bill may receive second and third readings on same day present in Hawaii. - \ when three-fourths of membership agree.', (h) Bills or joint resolutions originating with a committee, fv) No more than two readings same day. may receive second reading same day. (w) Assembly: May receive second and< third readings same (0 House rules or custom determine procedure. day by special-provision of Rules Committee or by un

\- LEGISLATIVE PROCEDURE: EXECUTIVE VETO

DaysafUr FaU of BUI • which hill .^—afier adjournment—s * becomes Days after Days after law (Iff/ore which bill which bill adjourn- is law dies Voles required Constitution prohibits . ment) unless unless unless Item veto in House and ' Governor from vetoint vetoed vetoed signed on appro- Senate to pass bills , '' > Slate or other (Sundays (Sundays (Sundays priation or items Initiated Referrtd jurisdiction' excepted) • excepted) excepted) bills over veto(a.) measures measures ' Alabama 6~~ 7. '' 10 ^ir Majority elected (b)~ (b) Alaska IS 20 • Three-fourths elected • ... Arizona... 5 10 • Two-thirds elected (c) . • •*• Arkansas...... 5 20.(d) -k Majority elected •*• • •*• California...... 10 .. 30 • Two-thirds elected •*• • Colorado 10(d) 30(d) .. • Two-thirds elected • • Connecticut.... 5(e) lS(d) ' ..' •*• . Majority present (b) " (b) Delaware 10 .. 30(d) • Three-filths elected (b) (b) Florida.; ... S 20(d) .. • Two-third a present (b) (b) Geon^a(f) 30 .. ~ (g) • Two-thirds elected (h) Hawaii 10 4S(i) (f) • Two-thirds elected (b) (b) Idaho I...... 5 10 .. -k Two-thirds present .. .. Illinois.. 10 10 .. • Two-thirds elected (b) (b) Indiana. 3 S(d.j) .. Majority elected (b) (b) Iowa...... ;. 3 (k) 30 .. Two-thhxla elected .. Kansas. 3 .. (g.I) • Two-thh-ds elected (b) (b) Kentucky... 10 10 .. -k Majority elected Louisiana 10(d,m) 20(n) .. • Two-thirds elected (b) (b) Maine S (o) ' '.. .. Two-thirds present (p) ' -k Maryland(q) ... 6 ,. 6(r) • Three-fifths elected ^ (h) • - .. Massachtisetts.. S(e) ... (s) k Two-thirds present k if Michigan 10 ... 5 • Two-thirds elected • • Minnesota. 3 .. 3 k Two-thirds elected' (b) (b) Mississippi S (o) .. • Two-thirds elected (b) (b) Missouri (t) .. 4S • Two-thirds elected • * Montana 5 .. 15(d,u) • Two-thirds present *• * Nebraska 5 5 .. •(v) Three-fifths elected • . •*• Nevada 5 10 .. .. Two-thirds elected * •*• New Hampshire. 5 (g) •• Two-thirds elected (b) (b) New Jersey...... 10(w) 45 .. k Two-thirds elected (b) (b) A New Mexico „3 ..(g) 20(u) k Two^thlrds present (h) .. New York lo ... 30(d) • Two-thirds elected (h) .. North Carolina.. (x) (x) (x) (x) (b) (b) North Dakota... 3 15(d) ..- • Two-thirds elected • * Ohio 10 10 • Three-fifths elected • • .. Oklahoma S , .. 15 • Twcy-third selected • -k I Oregon S 20 .. *(y) Two-thirds present .. ir Pennsylvania 10(d) 30(d) .. •*• Two-thirds elected (b) (b) Rhode Island... .6 10(d) .. .. Three-fifths present (b) lb) South Carolina.. 3 (o) ... k Two-thirds present (b) • (b) South Dakota... 3 10(d) • Two-thirds present •*• * Tennessee...... 5 10 ... T/lr(z) Majority elected (h) .. Texas ^ 10 20(k) ..' k Two-thirds present (b) (b) Utah 5 10 .. k Two-thirds elected . •. -k Vermont 5 .. (g) .... Two-third* present (b) (b) Virginia. S .. 10(k) .• Two-thirds present (aa) (b) (b) Washhjgton 5 10 .. •(ab) Two-thirds elected ,• • West Virginia... S(ac) S(d) Majority elected (b) (b) Wisconsin 6(m) .. 6(m) .• Two-thirds present (b) (b) - Wyoming 3 15(d.J) .. • - Two-thirds elected (b) . (b) G-uattr:- 10 30 (g) • Two-thirds elected (b) . (b)o " Puerto Rico..... 10. ^. 30(d) • Two-thirds elected .. Virgin Islands... 10 . • •. . "30 • Two-thirds elected .. .. • (a) Bill returned to house of origin with objections, except within 2 days after reconvening in South Carolina, in Georgia, where Governor need not state objections, and in (p) Constitution provides that Governor may veto initiated Kansas, where all bills are returned to House. measures and if legislature sustains veto, measure is referred (b) Nb provision for initiative or referendum in state. to vote of pcop\e at next . , (^ Three-fourths In case of an emergency measure. (q) 1950 requires any bill vetoed (a^.Sundaya.not excepted. . after adjournment, or dying because of ixjcket veto after ad- . (e) Sundays and legal holidays excepted. joumment, to be returned to the legislature whien it next con- (0 New. constitution withholds right to veto constitutional venes, for a vote on overriding the veto, amendments. (r) Within 6 days after presentation to the Governor, re- (g) Unsigned bills, do not become laws after adjournment. gardless of how long after adjournment. In Kansas and New Hampshire the Governor can neither sign (s). Within 5 days of receipt by Govenior. In practice G«n- nor veto a bill after adjournment. ;^ eral Court not prorogued until Governor has acted on all bills. h) No provision for Initiative in state.^ * (t) If Governor does not return bill in 15 days, a joint reso- ii) If bill is presented lo Governor less than 10 days before lutlon is necessary for biUto become law. aajoumment and he indicates he will return it with objections, (u) Governor must file bills with Secretary of State, legislature can convene on 4Sth day after adjournment to con- • (v) Governor may not. veto items in budget submitted by sider the objections. If, however, legislature fails to convene,- himself after it has passed legislature with three-fifths vote. ^blU does not become law. . (w) If house of origin is in temporary adjourtlment on 10th ^ (j) Bill becomes law if not filed with objections with Secre- day, becomes law on day house of origin reconvenes unless re- tary of State within 5 days after adjournment In Indiana, and 15 turned by Governor on that day. Governor has power of veto days after adjoinmment in Wyoming. . _ after repassage of bills in amended form with condition bill must (k) Sundaysytiot excepted. be approved m 10 days or pocket' veto. (1) In pracpce, the legislature closes consideration of bills : (x) No veto; bill becomes law 30 days after adjournment of 3 days beforer adjournment sin* die. However, some bills may session unless otherwise expressly directed, be "presented" to Governor during last 3 days of session. (y) Also may veto Items In new bills declaring an emergency. (m) Goverxor has 10 days in Louisiana and 6 days in Wis- (z) Governor may reduce or eliminate items but must give consin from time bill was presented to him in which to approve written notice of item veto either 3 days before adjournment or disapprove.. or 1 day after bill Is presented for signature. (n) Becomes effective In 20 days, if not vetoed, Sundays not (aaj Including majority elected, excepted, unless a later date Is set in the act. - . . (ab) May veto items !n any bill containing items or sections; (o) Bill passed in one aessioQ becomes law if not returned (oc) Budget (apph>priation) bill liot submitted to Governor wittuh 3 days after reconvening, in Maine and Mississippi and after passage.

••••,••• .51 •, • • . i^^ ~ / . ^

1958 AND 1959 SESSIONS; INTRODUCTIONS AND ENACTMENTS " As of December 31, 1959

—Regular Sessions— : r Extra Sessions No. of No. of " No. of No. of state or tntro' . enact­ Length of intro- enact- Length of other jurisdiction Convened Adjourned (a) ductions ments session (b) Convened Adjoumed (a) ductions menls session (b) Alabama. May 5. 19S9(c) Nov. 12, 1959 1,725 659 36L Feb. 3, 1959 Feb. 20. 1959 152 95 8L June 24, 1959 Aug. 24, 1959 232 132 24L •^Alaska Jan. 26. 1959 Apr. 16. 1959 381 200 81C Arizona. Jan. JO. 1958 Mar. 15. 1959 103 , 62C Mar. 19, 1958 Apr. 2, 1958 25 ISC Jan. 12, 1959 Mar. 21, 1959 609 146 69C Arkansas Jan. 12. 1959 Mar. 12, 1959 1.044 . 487 60C Aug. 26, 1958 Aug. 28. 1958 28 17 4L California. Feb. 3, 1958 Mar. 30, 1958 34 10 30C , Mar. 4. 1958 Apr. 23. 1958 199 104 51C Jan. 5. 1959 June 19. 1959 4.401 2.195 120C /^/' Mar. 31, 1958 Apr. 24, 1958 41 3 25C Colorado Jan. 8. 1958 Feb. 16. 1958 116 61(d) 40C ^^ June ,16, 1958 June 22, 1958 9 7 7C Jan. 7, 1959 Apr. 21, 1959 876 293(d) . lose Connecticut Jan. 7, 1959 June 3, 1959 3,971 1,237 Mar. 4, 1958 Apr. 18, 1958 136' 68 15L. Delaware ...... Jan. 6, 1959 ,(e) 780 204 76L Florida Apr. 7. 1959 June 5. 1959 3.792 1,995(0 60C Georgia...... Jan. 13. 1958 Feb. 21, 1958 1.090 667 40C Jan, 12, 1959 Feb. 20. 1959 1.038 498 40C t„ Ha,wall. Feb. 18. 19S9(g) May 11, 1959 3.454 306 . 83C(60L) Aug. 31, 1959(h) Oct. 22. 1959 287 30 45 L

»«. • Nov. 9, 1959 Nov, 14, 1959 1 , 1 5L Idaho....; Jan. S, 1959 Mar. 0. 1959 637 273 64C Illinois. Jan. 7. 1959 June 30. 1959 2,699 1,142 L7SC June 16, 1958 June 20, 1958 5L Indiana Jan. 8, 1959 Mpr. 9. 1959 996 387 61C Iowa Jan. 12, 1959 May 7, 1959 1.315(i) 428(1) 116C .Kansas Jan, 14, 1958 Feb; 12. 1958 123 80 30C(22L) AprU 21, 1958 May 9^ 1958 79 37 190 Jan. 13, 1959 Mar. 28. 1959 858 413 75C Kentucky Jan. 7, 1958 Mar. 21, 1958 1.021 I 164 60L Lousiana . ,. May 12. 1958 ' July 10. 1958 1.536 564 60C Nov. 11, 1958 Nov. 22. 1958 15 14 12C May 11. 1959 June 9. 1959 360 132 30C Maine. ,. Jan. 7, 1959 June 13. 1959 1,276 559 G) 91L Jan. 13, 1958 Jan. 16, 1958 34 28G) 4C May 6, 1958 May 8, 19S8 18 8fj) 30 Maryland...... Feb. 5. 1958 Mar. 6. 19S8 323 100 30C Mar. 13, 1958 Mar. 13, 19S8 •16 16 IC Jan. 7. 19S9 Apr. 4. 1959 l.Sll 831 190C June 13, 1958 June 13, 19Si5 6 4 IC Massachusetts Jan. 1, 1958 Oct. 16. 1958 4.174 842 290C , Jan. 7, 1959 Sept. 17. 1959 3,907 744 254C 237, •7SL Michigan ;...,- Jan. 8, 1958 June 14. 1958 .^ 930 June 19. 1958 June 19, 1958 IC Dec, 19. 1959 '^1.051 283 175 Jan. 14. 1959 f House—77L ) June 23. 1958 June 26.1958 24 4 4L Minnesota Jan. 6, 1959 Apr.-24, 1959 3.571 703 I Senate—77L f Apr. 25, 1959 July 1, 1959 413 90 ( House—48L) I Senate—44L) Mississippi .Jan. 7. 1958 May 10, 1958 1,805 846 124G Missouri...... Jan. 7. 1959 May 31. 1959 943 368 150C Feb. 3,1958 Apr. 4, 19^8 58 39 60C Montana :.. Jan. 5. 1959 Mar. 5. 1959 811 356 60C Nebraska Jan. 6. 1959 June 27, 1959 739 475 120L Nevada Jan. 19. 1959 Mar. 26. 1959 866(0 508(0 67C(48L) June 30, 1958 July 1. 1958 7(0 .,„, 20 New Hampshire.... Jan. 7. 1959 Sept. 17. 1959 772 418 llOL Feb. 11.. 1958 Feb. 19. 1958 7 SL - New Jersey Jan. 14, 1958 Jan. 13,1959 887 182 365C Jan. 13.1959 936 (k) 365C New Mexico Jan. 13, 1959 Mar. 15. 1959 779(1) 371(1) 600 New York Jan. 8. 1958 Apr. 25, 1958 8.157 992 58L . July 1, 1959 July Ir 1959 1 - IL Jan. 7, 1959 Apr. 24, 1959 8,215 880 58L . North Carolina..... Feb, 4, 1959 June 20, 1959 1,880 1,338 • 137C(118L) North Dakota Jan. 6, 1959 Mar. .7, 1959 658 423 61C Ohio...... Jan. S. 1959 Aug. 14. 1959 1.607 393 116L • June 25, 1958 June 27, 1958^ 3L Oklahoma Jan. 6, 1959 July 3, 1959 1.096(m) 339 (m) 105L Oregon. -Jan. 12, 1959 May 6. 1959 1,474 700 1150 Pennaylvania...... Jan; 6, 1959 (n) 3.737(n) 647(n) jHousell3L(n) I Senate 107L(n) f House—May 17,1958 Ki ,, e Rhode Island Jan. 7, 1958 524 (House 74L ) Oct. 29, 1958 Oct. 29, 1958 16 10 IL I Senate—May 16,1958 ]^'^^> I Senate 75L J Nov. 17, 1959 Nov. 25, 1959 50 23 2L ~ Jan. 6, 1959 May 26, 1959 1.418 682 76L South Carolina. ... Jan. 14. 1958 Apr. 24. 1958 1.018 529 61L Jan. 13, 1959 May 22.1959 1,171 549 76L South Dakota Jan. 6, 1959 Mar. 6. 1959 957 467 600 Tennessee Jan. 5, 1959 Mar. 20. 1959 1.894 708 (o) 750 May 17, 1958 July 12. 1958 ,(P) (P) 570 Texas...... Jan. 13, 1959 May 12, 1959. 1.486(q) S04(Q) 1200 May 18. 1959 June 16.1959 21 30O June 17, 1959 July 16, 1959 -Vff 43 300 July 17, 1959 Aug. 6, 1959 98 24 210 Utah...... :. Jan. 12. 1959 Mar. 13, 1959 591 194 May 28, 1959 May 29, 1959 18 18 20

'^

\- w m

•; • . •• /*••• APPORTIONMENT OF LEGISLATURES As of December, 1959 r Citation: Frequency aj required articU reapportionment aiid section Required Other Dates of -Basis of apportionment- -\ tvtry 10 schedules for Apportioning last Itoo Stale or other jurisdiction °f : Senate House year^ • reapportioning agency apportionments conslttutton Alabama. IV. 50; IX. Population, .except no Population, but each ' X Legislature. 1901 1880 197-203; ' district more than one county at least one XVIII. 284 member. member. Alaska.'. VI. XIV Population (civilian), 24 Population (civilian) X Apportionment 1956 1953 districts. plus area based on - board. population ratios •'i election districts. Arizona IV. 2. 1 (1) Districts specifically es­ Votes cast for Governor After every guber­ No provision for-Senate;.redis- 1958 1956 tablished by constitu­ at last preceding gen- ' natorial election tricting for House by (iounty tion. eral election, but not (every 2 years). • Boards of Supervisors, less than if computed on basis of election of 1930. Arkansas. VIII. 1-5; •Senate is fixed.fa) Each county at least X Board of Apportionment (Gov­ 1951 1941 Amndt. one member; remain- ernor, Secretary of State, and XLV ' 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 X Legislature or, if it fails, a. re- 1951 194! . persons ineligible to of jjersons ineligible apportionment commission naturalization. No to naturalization. lieutenant Governor, Con­ county, or city and troller. Attorney General, Sec­ county, to have more retary of State, and Superin­ , than one member; no tendent of , Public, In.-- trucv more than three coun­ tion). In either case, subject ties in any district. to a referendum. V. 45-47 Population ratios. Population ratios.. X General Assembly. j 1953 1933 .... III. 3. 4.5 Population, but each Twomemberefromeach Senate General Assembly for Senate, no H-1876 county at least one town having over . provision for House. S-1941 member.. 5.000 population; others, same num­ ber aa in 1874. .... II.2 Districts specifically es­ Districts specifically No provision. 1897 tablished by constitu­ established by con­ tion. stitution. Florida. .... VII. 3.4' Population, but no 3 to each of 5 largest X Legislature. H-r955 1945 county more than one counties, 2. to each member. • of next 18,1 each to others. Georgia. Ill, 2; (Par.i), Population, but no' Population, i.e., 3 to X General Assembly "ftay" change 1950 1940 3 .(Par. ii) county or senatorial 6ach of 8 largest senatorial districts. Shall district more than one counties, 2 to e.ach of change House apportionment member. next 30, ^. each to at first session after each U.S. others.- census. Hawaii III. 4 Districts specified by Population, X 1959 1958(b) constitution. Governor. Idaho. III. 2. 4. 5; One member from each Total House not to ex­ X 1951 1941 XIX, 1,2 county. ceed 3 times Senate. Legislature. Each county entitled to at least one repre- sentative, appor­ tioned as. provided by law. Illinois IV,6,7,8 Fixed districts based on Population. . . House Senate is fixed. General Assembly or, if it fails, 1955 1901 area. a reapportionment commis­ sion appointed • by the Gov­ ernor. / 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.... 111,34,35 Population, but no One to each coun'ty, General Assembly. H-i927 1921 county more than one and one additional S-19ir 1906 member. to each of the nine most populous coun­ ties.

Kansaaf..., II, 2; X, 1-3 Popifl^ion. Population, but each Every S years. Legislature/ • •/ H-1959 H-1945 county at least one; •S-1947 / ^ Kentucky. Sec. 33 . Population. Population, but no General Assembly. 1942 1918 « • more than two coun­ ties to be joined in a district. Louisiana. Ill, 2-6 Population. Populajtion. but each Legislature. 1921 ^ 1902 paritih and each ward of New Orleans af least one member. Maine. IV.Pt.I,2.3; Population, exclusive of Population, exclusive Legislature. H-1955 1941(c) IV, Pt. II, aliens and Indians not of aliens.-. No town S-1951 1941 1 taxed. No county less more than seven than onenor more than members, unless a five. consolidated town. Maryland. HI, 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 maximum of six per Baltimorie city. county. Each of Bal­ timore districts as many members as largest county.(d) Massachusetts Amdt. LXXI Legal voters. Legal voters. General Court. H-1947 1939 S-t948 1939 Michigan V, 2-4 . • . Districts specifically pre­ PoRulation,(e) House . Senate is fixed. Lecislature or. If it fails. State 1953 1943 scribed by constitu­ Board of Canvassers (Secre­ tion. tary of State; Treasurer. Com- niissioner of State Land Office) . apportions House. Senate is j; . fixed.

y

-.•^. W' IT

APPORTIONMENT OF LEGISLATURES- -Continued f As of December, 1959

Citmuin: Frequency of required article reapportionment and >v ; zection. Required Other Dates of of • Basis of apportionment every 10 •schedules for Apportioning last two Slate or other jurisdiction constitution Senate House years* reapportioning agency apportionments

Minnesota. IV. 2. 23.24 Population, exclusive of Population; exclusive X And afterfeach Legislature "shall have power," 1959(g) 1913 nontaxable Indians, (f) of nontaxable In­ state census. dians, (f) Mississippi. :.. XIII, 254-256 Prescribed by constitu­ Prescribed by constitu­ X _! • Legislature "may." 1916 1904 tion. tion, each County at least one. Counties grouped into three divisions, each divi­ sion to itave at least 44 members.. Missouri. III. 2-11 Population. Population, but each X House: Secretary of State appor­ 1951 1946 county at least one tions among counties; co^u^nty .member. ' courts apportion within coun­ ties. Senate: by commission appointed by Governor. Montana. V. 4;^VI. 2-6 One member from each Population, but at least X Session following Legislative Assernbly. 1943 1939 county. one member from federal census. each county. Nebrasica 111,5 Unicameral legislature—population From time to time. Legislature "may." 1935 1920 excluding aliens. Nevada..'. 1.13; XVII, 6" One member for each Population. • • X •- Legislature. 1951 1947 county. New Hampshire Pt. 11,9,11, 26 Direct taxes paidl. Population.(li) House SenatS—from time General Court. H-19S1 1943 to time. . S-1915 1877 New Jersey. 'IV, ii. HIV, , One member from each Populaition.bul at least 1941 1931 Legislature.' iil, 1 county. - one member from each county. New Mexico..... IV, 3 One member from each At least one member X, 1955 1949 county. = . for each county and Legislature "may." additional represent­ atives for more pop­ ulous counties. ^ew York.... III. 3-5 Population.excluding. Population, excluding Legislature. Subject to review 1954 1944 aliens, Nocountymore aliens. Each county by courts. than }ri membership, (except Hamilton) at iiormorethanJimem- least one member.- . t«rship to two adjoin­ ing counties. • . Nor til Carolina.. II, 4-6 Population, excluding Population, excluding X General Assembly. 1941 1921 aliens and Indians not aliens and Indians taxed. not taxed, but each ^countj^ at least one • member. V

North Dakota. 11. 26, 29. 32, Population; Population. Or after each state Legislative Assembly. 1931 1921 35 census. Ohio...... XI. 1-11 Population. Population, but each X(i} Each biennium.(i) Governor, Auditor, and Secre­ 19S7 1953 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 more than seven members, (j) Oregon...... IV. 6, 7 Population. . Population. Legislative Assiembly. or failing 1954 1911 that. Secretary of State. Reap­ portionment subject to Su­ preme Court review. Pennsylvania... II. 16-18 Population, but no city Population, but each General Assembly. 1953 1921 or county to have more .county at least one . than yi of member­ member. ship. . Rhode Island... .XIII; Amdt. Qualified voters, but Population, but at General Assembly "may" 1940 1930 XIX minimum of 1 and least one member after any Presidential maximum of 6 per city ! from each town or election. or town. ' city, and no town or city more than H of total, i.e., 25. South Carolina. .... Ill, 1-8 One member from each Population, but at least General Assembly. 1952 1942 county. , one member from each county.- South Dakota.. .:.. iii.s Population/ Population. X Legislature, or failing that. Gov­ 1951 1947 ernor, Superintendent of Pub­ lic Instruction, Presiding^ Judge of Supreme Court, Attorney General, and Secre­ tary of State. Tennessee. 11,4-6 Qualified voters. Qualified voters. X General Assembly. (k) 1901 Texas..... lil, 2S-26a, 28 Qualified electors,but no Population, but no X Legislature or. if it falls, Legisla- 1951 1921 county more than one county more than 7 tiv6 Redistricting Board (Lieu-' member.; representatives : un- tenant Governor, Speaker of • less population gn'eat- • House. A ttorney 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. Each coun­ Legislature. 1955 1931 ty at least one mem­ ber, with additional representatives on a population ratio. Vermont....., 11,13,18,37 ..Population, but each One member from each' Senate Senate—or after each Legislature apportions Senate; 1793(1) ... county at least one inhabited town. state census. no provision for House. Lmember. "~ Vlrjllnla IV, 43 opulation. Population. General Assembly. 1958 1952

• ( M

APPORTIONMENT OF LEGISLATURES- -Continued As of December, 1959 *

. Citation: Freguency of required • article ' reapportionment and , _ * ;—:— section RtQuired Other .Dates of • 0/ ; r Basis of apportionment r- every 10 - schedules for Apportioning last two stale or other jurisdiction constitulwn Senate . House years* reapportioning agency apportionments c Washington... II.3,6;XXiI, Population, excluding Population, excluding X Legislature, or by initiative. 1957 1931 1.2 Indians not taxed and Indians not taxed and soldiers, sailors and soldiers, sailors and officers of U. S. Army officers of U. S. Army and Navy in active and Navy in active service. , se^ice.' West Virginia,., VI, 4-10, SO Population, but nO two Population! but each X Legislature. 19S0 1940 members, from any county at least one. county, unless one . member, county constitutes a ' • district.

Wisconsin. ;, IV, 3-5 Population. Population. Legislature. 1951 1921

00 Wyornlnfi. III. 3; III. 2-4 Population, but each Population, but each Legislature. 1931 1921 •^ . county at least one county at least • one ••••.•/ f member. -v .. member. Guam... Organic Act: Legislature elected a't large. 1950 (2d). Sec. 512 Puerto Rico...... III. 3, 4, 7 Two senators for each ot One representative for. X(m)' Board composed of Chief Justice 1952 1917 eight senatorial dis­ each of 40 represent­ and two additional members tricts, and eleven at ative districts and representing different political, large. r - eleven at large. parties, appointed by Gover­ nor with Senate consent. Virgin Islands Revised Unicameral legislature. T.wo Senators for each of Organic Act: two senatorial districts? and one Senator from Sec. 5b the third district, and six at large.

•Every ten years; or after each federal census. additional to the first, twice the riumber of inhabitants required for the first, withthe provi­ •Abbreviations: H-^Houae; S—Senate. sion that a town or ward which is not entitled to a representative all of the time may send (a) Amendment adopted November. 1956, '.'froze" the. senatorial districts as then estabr' one a proportionate part of the time, and at least once in every. 10 years. Uahed Future apportionment of the Senate will not be made, • -. (i) Constitution requires reapportionment every 10 years and also seta up a ratio and Congress reapportioned in 1956, effective in November, 1958.' apportionment procedure so that reapportionment Is actually accomplished in each biennial 1941 action duplicated 1931 apportionment; • : period for the su'cceedinR session. This is mandatory, and the legislature'has no power to In 1948, meraberchip'in House frozen at then exiatinR level. take action in (he matter. Any_county with a moiety of ratio of population is entitled to .separate representation. (j) . In prartictr no county has less than one member. ' -^1I Section on Indians is sliU in constitution but is ineffective due to federaV legislation. W In.i 945 a floiorial district was changeil to eliminate one county. Effective in 1962. (I) Apportionment plan for House is provided in.the constitution with no provisions for (K) Amendment adopted in November, 1942, sets the membersiiip of the Hoii.se of Kepre- reapportionment. House apportionment thus dates from adoption of constitution in 1793. sentative(h) s at not more than 400 and not less, than 375. It requires, for each representative (m) Beginning in 1960. • -,. LEGISLATIVE SERVICE AGENCIES

MAjoR development in state govern­ designating divisions of their state li­ ment since 1900 has been the crea- braries for this purpose, Wisconsin in 1901 A^ tion and expansion of various types established its Legislative Reference Li­ A of permanent'agencies,equipped with pro­ brary as the first permanent agency pro­ fessionally and technically prepared staff, viding legislators witli a variety of to provide state legislators with needed services. These soon came to be viewed as assistance. This development has been the legislative reference "family" of serv­ occasioned largely by the increasing num­ ices—maintenance of the specialized refer- ber and complexity of tfhe problems aris­ jence library stressing materials on state ing for legislative consideration and by government; so-called "spot" research; bill the^rapidly mounting costs of govern­ drafting; and preparation of a wide va­ ment. Hiese agencies are assisting the riety of manuals and directories, indexes legislatures in carrying out more effec­ and digests of legislative material, up-to- tively their responsibilities as a coordinate date reports on the content and status of branch of government, desjiite the fact j)ending legislation, and newsletters. To that the members of the state law-making these, some later reference agencies have bodies typically must divide their time added statutory revision as a function. between legislative duties and their cus- The ''legislative reference bureau" tomacy employment. movement ivas the dominant one in the Major areas of assistance for legislators - legislative service field in the first third of which have taken institutional form in the twentieth century. Approximately recent years include: two-thirds of the states, as well as. the 1. Maintenance of specialized legisla­ Congress, set up agencies of tive reference libraries. this general nature and name. These 2.' Spot research assistance on any sub­ ^ agencies in all but a few instances were . ject of legislation, '*' sections of the state library, law library, .S. Drafting of legislation. ^ or department of library and archives. 4. Statutory, code and law revision. The past quarter century has witnessed 5. Advance study of important subjects , the rise and spread of other service agency expected to come before future sessions. concepts, mentioned below; and a* re­ 6. Development of recommendations shuffling of services has taken place, some­ for legislative, and..sometiraes administra­ times as a result of statutory change, more tive action. ' '^ / frequently as the result of evolutionary 7. Continuous revie\y of state retenues growth. The maintenance of a specialized an(i expenditures. ' reference library remains typically under 8. Systematic budgetary -review and e jurisdiction of the legislative reference analysis. '""~\ ireau; but the hewer legislative councils 9. Post-audit of state fiscal operations. Jand related staff research agencies out­ number the legislative reference-bureaus LEGISLATIVE REFERENCE SERVICES in providing "spot research" assistance The oldest'of thdse forms of assistance for legislators. The number of legislative are die legislative reference scrvic^ reference bureaus connected with slate'' which, in the form of specialized reference library agencies that still perform' bill libraries, now are provided-to legislators driafting services has! dropped to a hand­ in forty-seven states—all except Idaho, ful. Only the libraries in Oklahoma, North Carolina and Utah! Rhod^ Island and Texas reportedly sup- Following action in the 1890's, first in ply regular drafijpg 2^sistance,and even in New York and then in Massachusetts, in those states otlrff legislative service agen- 59

/ 60 THE BOOK OF THE STATES cies share this responsibility. Where the ^Montana and South Dakota began to legislative reference bureau is separate provide drafting assistance, and Alaska's from the library and more clogely at­ legislative council began providing re­ tached to the law-making brancn, as in vision as well as reference library service. Delaware, Illinois, Michigan, Ohio, Penn­ As now carried on in most states, code sylvania and Wisconsin, however, bill and statutory revision consists primarily drafting has remained a major function, of revision of the form rather than the substance of the law, i.e., the systematic DRAFTING AND REVISION classification, numbering and compila­ The technical nature of bill drafting tion of statute law; elimination of obso­ and statutory revision has led to„ the cre­ lete, outmoded or unconstitutional parts; ation in almost half of the states of rectification, to some extent, of conflicts specialized agencies with primary respon­ and inconsistencies; and, usually, re- sibility for carrying out one or both of enactment by the legislature of the result­ these activities. The first of these, follow­ ing compilation. An increasing number, ing New York's creation of a bill-drafting of states have established revision along staff in 1900, was Wisconsin's Revisor of these lines on a continuous basis. Statutes, created in 190% Among the In contrast to form revision/ extensive drafting or revision agencies are the Legis­ revision in the substance of the law, in-, lative Counsels in California, Massachu­ volving major changes in policy, is now setts and Oregon; statutory or code re- carried on systematically in only a few visors in more than a quarter of the states; states, California, Louisiana, New Jersey code commissions in South Carolina, Ten­ and North Carolina have followed the nessee and Virginia; and specialized cliV-i- lead of New York in establishing agencies sions in the offices of'Attorneys General for this purpose, whose field of study in Colorado, Florida, Mississippi, New chiefly is revision of so-called "private" Hampshire and North Carolina. law. Legislative councils are moving into Lodging of the drafting function in the this field, at least as regards substantive Attorney General, once a . widespread revision of public law, by undertaking practice, has been on the wane in recent studies leading to revision of major code years. A comparison of 1939 and 1959 sections such as insurance, banking, crim­ reveals the trend. In the former year, ten inal law, the juvenile code, and others. of the forty-eight states reportecjly had no Councils in Arkansas, Oklahoma and permanent arrangement for providing Wisconsin are examples of this. their legislators with drafting service. Of the thirty-eight states.which did, twenty- LEGISLATIVE COUNCILS two provided it through the Attorney The most significant development in General's office. Today all fifty states ex­ the legislative service field for the score cept Idaho, Vermont and Wyoming re­ of years that began in 1933 was the spread port that legislative drafting service is of the legislative couiiciX idpa. Following available, but onlyv the five mentioned creation of theJCansas Legislative Coun­ above regularly use tj^e^ttorney Gener­ cil in that year, thirty-nine states have al's office for that purpose. In the great established agencies of this nature. This majority of cases, the function has been excludes Michigan, tfie only state to shifted since 1939 to the staff serving the abolish a council once it had been active. legislative council. (See accompanying table "Legislative Georgia in 1959 participated in this Councils and Council-Type Agencies.") trend by abolishing the Bill Drafting Essentially, councils are permanent, bi­ Unit in the Attorney General's office and partisan, joint legislative research com­ creating the Office of Legislative Counsel, mittees which meet periodically between an agency charged with drafting, research sessions and consider problems expected and various other legislative aids. Other to confront the next session. With only a recent action includes creation in 1959 few excejjtions, they are composed today of the office of Revisor of Statutes in exclusively of legislators, altjiough in the Hawaii, while legislative councils «in early years of the movement executive LEGISLATURES AND LEGISLATION 6r\ officials and, less frequently, private citi­ served by the Office of Legislative Coun­ zens sometimes were included. Councils sel; and Rhode Island's Legislative Coun­ now range in size from five members cil, activated by the grant of appropri­ (South Carolina) to 260 (Penhs)^vaiTia), ations in 1959, twenty years after its with fifteen members the median. In four creation in 1939. The Wyoming legisla­ states—Nebraska, Oklahoma, Pennsylva­ ture jn 1959 created a sixteen-meihber nia and South Dakota—all legislators are Legislative, Research Committee as suc­ mepibers. In all states the councils are cessor to the old Legislative Interim Corn- given funds for their necessary oper­ mittee, which was started in 1943 but wps ations, and typically these have . risen^ abandoned in 1957 when the legislature steadily since World War II, At present made no appropriation for it. Perennial the range in council financing is consider­ effort? to create a council in Mississippi able—from 327,000 a year in Virginia to were again unsuccessful in 1958, and ef­ about 3215.000 in Ohio. (The token ap-. forts likewise failed in 1959 in Hawaii propriation of $2,500 a year in New and Idaho. To provide greater coordi­ Hampshire does not^ of course, permit nation, between its two major legislative the hiring of customary staff.) To a large services—the Legislative Council and the extent, the wide range in appropriations Legislative Joint Auditing Committee- is accounted for by the diversity of service Arkansas in 1959 provided that.the Chair-,, activities of the several councils and their man and Vice Chairman of each should staffs. The median appropriation to coun­ have4nembership on the other. cils at present is Louisiana's S80,0p0 a Alaska's new state coratitution is the year. - . second—Missouri's constitution of 1945 Councils characteristically have con­ was the first—toinclud e within tlie consti­ tinuing research staffs, with their acciimu- tution a requirement that a legislative iated resources. Thus equipped, they can council be established. . levelop comprehensiye, impartial analy­ ses of public issues and make these avail­ FISCAL REVIEW AND POST-AUDIT able-to all legislators forstudy and use> Recent developments among the states Most councils may undertake studies oh sustain the view that legislatures are their own initiative; almost two-thirds of guarding With rene\ved jealousy their thejcouncils are of the "recommending" powers of appropriating money and re­ type, and formulate recommendations or ^ viewing expenditures. These powers are actujfli drafts of legislation based on their close to the heart of legislative independ­ interim research. / ence. Increasing numbers of legislatures The councils and their staffs provide ai-e taking steps to improve their exercise their legislatures with sound, factual of these powders, %vhich, in a number of bases for deliberations and decisions, and states, had become largely perfunctory. thus facilitate more effective legislative Since the egrly 1940's, and especially participation in forming public policy. in the>1950's, more and more states have By use of open hearing on important created specialized staffs under legislative issues, in which many councils engage, control to provide one or both of two re­ and through wide distribution of reports lated services in this field—continuous and findings, they provide information review of state revenues and expendi­ for the genefa^I public on public ques­ tures, and pre-sessiojij;eview and analysis tions. As noted above, coiincil staffs fre­ of the budget. Post:audit of state expendi­ quently provide additional services. Most tures on a systematic and comprehensive council laws adopted during the |)ast score basis is another Jfiscal control field which, of years provide for coordinating the in recent years,Jiasjcome increasingly to council with other types of service func­ be regarded as suitable for legislative con­ tions, notably legislative reference, spot trol and supervision. A number of states research and bill drafting. secure independence from the executive ^ New councils irtciude Georgia's Joint branch for the post-audit official by hav­ Committee on the Operations of the ing him popularly elected; some states General Assernbly, created in 1959, and still provide for his appointment by the 62 THE BOOK OF THE STATES Governor, although this practice appears growing number of states,, the commis­ to be on tiie decline- sions are merged or closely coordinated Since the California legislature in 1941 with the legislative council—as in Ari­ created and staffed its Joint Legislative zona, Arkansasy Kansas, Kentucky, Mis­ "^udget 'Committee, the legislatures of souri, Nevada, North Dakota, Oklahoma, just over half the states have created Utah and Washington. ^ facilities to carry on the, twin functions The chief clerks and secretaries of the of continuous fiscal review and budget legislative bodies also provide services, analysis. These tasks have been assigned usually of a housekeeping nature and \ in ten states to the legislative council, a generally confined to the periods of legis­ X\; \ ^^ committee of the council, or the council lative setssion. About one-third of these V^ \ staff; in contrast, sixteen states (of which offices now operate on a year-round ba«>is^ 0. tvyelve have councils) have lodgcli author- a Council of State Governments survey in \ ity in separate legislative appropriations, 1957 noted, most of them having assumed budget, or finance bodies. By the close of the year-round status since the mid-1930's., 1959, twenty-one states and Puerto Rico In other states, some of the interim cus­ ; had created legislative post-audit agencies. todial tasks which otherwise wrtuld fall to V New fiscal review agencies were created the lot of a full-time chief clerk have been in 1959 in both Oregon (a Legislative assigned to a permanent service agency, .. Fiscal Committee) and Pennsylvania (d such as a legislative council. Florida ^. Joint Legislative Budget and Finance placed its Senate secretary on a perma­ Committee). Other recent action includes nent, full-time basis in 1959. * I staffing of die Rhode Island House "Fi- As m<»t close observers of the capitol " i nance Committee, and extension by two scene in the great majority ot states are ^Ider agencies in Florida of service into aware, the space available lor the legis­ the fiscal review field. Additionaldevel- lature, its committees, and particularly opments may be expected in the future for its individual members, is woefully since at least fifteen states still have not limited. The rigid limitations of capito- specialized legislative service faciliues in line architecture are a main cause; an­ the fiscal field. other has been the unwillingness of states to spend public money for facilities to OTHER LEGISLATI\'K SERVICES be occupied only part of the year. As state Imf)ortant also for legislative research building programs have expanded since and ^tudy in many states, particularly in AVorld War II, however, and as new office regarti to federal-state and interstate re­ buildings have permitted the transfer of lations, are the commissions on interstate former capitol occupant^many -states cooperation, directly affiliated with the have been utilizing space thus made avail­ Council of State Governments". Some of able for badly-needed committee rooms, these agencies, such as those in New York lounges where legiislators may, confer with and West Virginia, receive aippropria- constituents, suites for legislative service tions for research, employ staffs, and carry agencies, and office space for at least the on extensive research programs. In a legislative leaders. . -

.. 7 .v. ^^

' • , TABLE 1 PERMANENT LEGISLATIVE SERVICE AGENCIES Recom­ » Bill mends Spot re- ChuTiiiuous lydte drafting Prepares substan­ search and study of Budgetary Legis- agency Reference Jor bill and tive legis­ Prepares counseling slate reve- review iative Stale or eslah- .Serviie agency library ^ legis­ •Statutory law sum­ lative research . for • nues and and post other jurisdiction ^islietl and sla/J bead Jacilities lature revision maries program reports •legisialors expenditures analysis audit Alabama. 1945 Legislative Council —' Charles M, Cooper, Secretary 1945 Legislative Reference Service -k Charles M. Cooper, Director . ^ 1947 Legislative Committee on. — Public Accounts . I 1947 Depl. of Examiners of •• ' Public Accounts • Ralpli P. Hagerton, Chief ICxaininer Alaska. 195.5 Legislative Council ir John C.Doyle, Kxecutive-Directur 1955 Legislative Audit Committee ' r- • 1955 Division of Legislative Audit • ,,-' — • Robert L. Uyer, Legislative Aiiditor 1955 Division of Library Service _y^ • "k Helen Dirtatlian. Direclnr Arizona 195i' Legislative Couueif • ' . ' -k Jules M<^IaBKe, Director DepLoflAbrary and Archives •*• ^ Alice Good, Director 1950. Post A uditor, . — .•\. L. Means, Post .Vutlitor Arkansas. 1947 Legislative Council -k • (a) Marcus lialbrook, Director Joint-Auditing Committee — • 19S.? Division of Legislative Audit •; • — Orvel M. Joiinson. Legislative Auditor " California. 191J Legislative Counsel Bureau .— Ralph N. K.Ieps, Legislative Counsel • • 1904 (b) .1 dm in istrative-Legislatm jAr - • Reference Service * • ' •' (Slate Library) Carm'a R. Zitnnierman, • State Librarian Jolin A. Sigel, Legislative Reference Librarian 1941 Joint Legislative Budget Committee — A. Alan Post. Legislative .\nalyst 1953 Law Revision Commission ' — John DeMouHy, Kxec. Secy. 1955 Joint Legislative Audit Committee — 1955 Legislative Audit Bureau — • William K. Merrifield. • "^ Auditor General / 1r- 'i ^\ a. TA6LE 1 PERMANENT LEGISl :.ATIV]E SERVICE AGENCIES—Continued J. Recom- ' ' Bill mends Spot re- Continuous Date drafting Prepares substan- ' search, and study of Budgetary Legis­ / agency Reference for bill and tive legis- Prepares counseling state reve- review lative Slate or estab- Service agency library. legis­ Statutory • law sum- lative research for nues and and post other jurisdiction lisl^ and staff head facilities lature revtsion . manes program reports legislators expenditures analysis audit

Colorado 1953 Legislative Council • —• • • — , — • ,*• . • — — Lyle C. Kyle, Director . / . 1927 Legislative Reference Office . — • — • , — — = (Department of Lavf) • • — • . Clair T. Sijjpel, Secretary A \ 1951 Committee on Statute Revision Charles M. Rose. Rev.of Statutes 195.6 Joint Subcommittee on •J Appropriations Harry S. Allen, Director ; Ck)nnectlcut. 1937 Legislative Council George \V. Oberst, Director 1907 Legislative Reference Department • '(.State Library) Robert C. Sale, State Librarian George W. Adams, Chief 1947 Legislative Research Department Ilarry H. Liikg, IvCgislative Commissioner S' Artliur M; Lewis, Legislative Coinmissionei- ' • 1902 Auditors of Public Accounts Clarence F. Baldwin, Auditoi: Robert V. Claffey, Auditor Delaware. 1945 Legislative Reference Bureau Henry J. Ridgcly, Kxec. Dir. Florida... 1949 Legislative Council • 1949 Legislative Reference Bureau • • David V. Kerns, Director 1939 Statutory Revision 6* • • • • . Bill Drafting Depts. {Office of Attorney General) ' Charles T. Henderson, Director 1955 Legislative Appropriations and Auditing Committee . , Bryan Willis. State Auditor L.K. Ireland, Jr., Fiscal Analyst il Georgia 1959 Office of Legislative Counsel :*n • -^ Frank H. Edwards, I^egislative ^ Counsel Vn^ih) State Library Jolin D. H. Folger, State Librarian 1923 Department of Audits and Accounts - -i B. K. Thrasher, Jr., State .\uditor •5)

Guam.. 1959 Puhlic'RJlat ions & information Office GeorRe C. Kuataquio, Public Relations & Information Officer 1950 Legislative Counsel to the Legislature • • . • • . • — . • — Joaquin C. Arriola, Legislative Counsel 1957 Legislative Fiscal Consultant Howard O'Hara. Legislative Fiscal Consultant @ Hawaii. 1943 Legislative Reference Bureau • Kenneth K.Lau, Acting Director 1959 Revisor of Statutes •' Hidehiko Uyenoyania, Reyisor Idaho 1947 Legislative Counsel .(iiioperative) Illinois.... : 19.17 Legislative Council • , Jack F. Isakoff, Dir. of Research 1913 Legislative Reference Bureau , ^ Jerome Finkle, Executive Secy. 1937 Budgetary Commissicnt • • w Francis Whitney, Executive Director 1957 Legislative Audit Commission • (c) - • (c) t, D;ck K. Viar. Kxc. Dir. a Indiana. 1945 Legislative Advisory Commission Samuel T..Lesh, Secretary • 1907 Legislative Bureau • ,' • • Samuel T. Le.sh, Director Iowa. 1955 Legislative Research Committee • 1955 Legislative Research Bureau • Clayton L. RinRgcnberg, Director • 1939 Legislative Reference Bureau (State Law Library) • Geraldine Dunham, -Acting Law Librarian 1951 Budget a" Financial Control Committeee Rep. George L. Paul, Chairman- Kansas. 1933 Legislative Council • Frederic H. Guild, Researcli Dir. Franklin Corrick, Secretary 1909(b) 5/a/e/,»&rary • • • Louise McNeal, State Librarian .1929 Revisor of Statutes • • , • • • Franklin Corrick. Revisor Kentuclty. 1936(d) Legislative Research Commission • • • (e) Charles Wheeler, Director •agt

«

XABLE 1

Minnesota 1947(h) Legislative Research Committee -k ••»-' Louis C. Dohveiler, Jr., • • • Director of Research State Law Library •Ar Margaret S. Andrews, State Libn. 1939 Revisor of Statutes • Joseph J. Bright, Revisor Mississippi.' ,. 1. State Library ir Julia BayliB Starnes, State Libn. 1944 Revisor of Statutes {Dept. of Justice) — • Joe T. Patterson, Revisor of Statutes and Atty. Gen. 1955 Commission of Budgeting 6* A tcounting — 7 Frank W. Kllis, Secretary - Missouri .1.. '4943 Committee on Legislative Research • -k William R. Nelson, Dir. of Research Edward D. Summers, Rev. of Statutes Montana...,.. 1957 Legislative Council • •• — • • Eugene Tidball, Exec. Dir. Nebraska 1937 Legislative Council • Jack \V. Rodgers, Director of Research 1945 Revisor of Statutes • • Walter D. Janies, Revisor and .,'• Reporter of the Supreme Court' Nevada. 1945 \ Legislative Commissiim :. • • 1945 \LeRisliilive Counsel Bureau • \ J. E.Springmeyer.-*Legi3/Counsel • • 1949 hegisliitivr. Auditor .{of the Lcgis- • . — •\ lative Cdiinsel Bureau)" .•\. N.Jacobson.'Legfs. Auditor 1951 Statute Revision Commission /.* Russell W. McDonald, Director Law and Legislative Reference Section (.Sthte Library)' JoseplrShubert, State Libn.

. • •' \ • . . New Hampshire.. 1951 Legislative Council Representative Ellis Ayre. Secretary 19l3(b}Legislative Service (State Library) Mildred P, MdKay, Librarian Philip llazelton./Lcgislative Reference Librarian 1947 Legislative Budget Assistant r Remick Laighton .... Legal Research Assistant {OfUce af Attorney General) Marion G. Ale.xandec,'* Legal Researcli..A's3istant w 7T

-.^ . TABLE 1 PERMANENT LEGISLATIVE SERVICE AGENCIES-ContiiHied

•\ Recom­ • Bill J mends Spot re- • Continuous Dale .' drafting Prepares substan­ search and study of Budgetary Legis­ agency' Reference for bill and tive legis- Prepares counseling state reve- review lative Stale or estab­ Service agency library . legis­ Statutory law suin- . lative research for nues and and post other jtirisdiction lished: and staff head . facilities lature revision tnaries program reports legislators expenditures analysis audit New Jersey...:... 1954 Law Revision and Legislative I, Serviced Commission ,' Cliarles DeF. Besor6. Executive Director and Cljief Counsel John VV. Ockford. Counselto ; the Legislature 1954 Legislative Budget and Finance Dir-. J. L. Hrown, Director 1945 Law and Legislative Reference (Division of the Stalf Library) Roger H. McDonough, Director \ Merta Prager, Head, Bureau of Law and Legis. Reference I. . Samuel A. .Mito, Chief, • . Legislative Research. 1933 Department of State Attdit- f.- Frank Durand. State Auditor New Mexico. 1951 Legislative Council 00 1951 Legislative Council Service • • Clay Buchanan, Director 1957 Legislative Finance Committee • • Inez Gill, Legis. Fiscal .-Vnalyst .. • • New York.. Legis. Reference Library :. . {State Library) Charles F. Gosnell, State Libn.' • William P. LeonarcJ. Legislative ' Reference Librarian i Legislative Bill Drafting Commission , Theodore lit Bopp, Commissioner IJdward T. Dunleavy, Corrimissioner 1934 'Law Revision Commission •: . W. David'Curtiss, Exec. Secy. North Carolina 1.. 1945 General Statutes Commission- • (Department of Justice): Charles D. Barham, Secretary.(i) 1939 Division of Legislative Drafting cs" • Codification of Statutes- (Department of Justice) Director (vacancy) ' 1947 Revisor of Statutes (Departme^ ^-:_ of Justice) Charles'D. Barham, Revisor(i) North Dakota ^-... 1945 Legislative Research Committee • • • C. Emerson Murry, Director ^^ F. W. Greenagel, Rev. of Statutes

^,_.-' •'- • ] I}_____i __• •_ • " • -^ '_-• • : . - . ., . , , L ~ .. - Ohio! 1953 Legislative Service Commission •. . — ' ir i "k • -k .-k 'if Lauren A. Glosser, Director A -^ 1910 Legislative Reference Bureau • -k k , —' . ~ k . — — . k . • • • William P. L^wis, Director Oklahoma...... 193g(.h) Staie Legislative Council — •*• _ ^ .^ • • Jack A. Rhodes. Director 1951 Legislative Audit Committee {of the . — — — — — ' — — \ Legislative Council) •.'•':. '• Paul S. Cooke, Legis. .Auditor ' ' 1917(j) Legislative Reference Division * k ' -.k' . — - • . k — k- k (State Library) . Ralph Hudson, State Librarian . Geraldine M. Sin*fh, Leg. Reference ^ and.Research Librarian ~ . • ' . Orefion... 1953 ' LegislativeCoimsel Commitiee —Ik .'k k k • k- k Sam R. Haley, Legis. Counsel •^iSiSib) State Library.. , .^ _ _ _ _ J _ ^ • Eloise Ebert>.State Libn. • Mary Louise Steere. Government / Research Librarian . ' / 1959 Legislative Fiscal Committee '•—• — / — ' —, . r^ ', .' k k Kenneth'N. Bragg, Legislative / ' , " Fiscal Officer •;},:.. "* Pennsylvania..... 1937 Joint State Goijernment Commission "k ' .— ' •*• —. k * •*• ¥ Guy \V. Davis.-DiVector _, 1909 Legislative Rrference Bureau k 'k . — •*• — — k' ^ Burt KTGlidden. Director _ •' • -. • 1959 Legislative Budget ^ _ _ _ _ .^ _ and Finance Committee ' Legislative .-Vnalyst (vacancy) PuertP'Rico 1954 Legislative Reference Service k. T*r — * — =•••*• , •*• . •' Carlos V. Davila, Director" .— .... Office of Legislative Services/ — , •*• — — • — • '' k _. k 1950 'Commission for the Codification —-. ' " — k — •— — — of the Laws ., " ' • ' ^ • ' Secretary of Justice Hiram R. ^ . » Cancio, Chairman : . . : . 1952 Office of Controller — _ . , _^ . . _ _ _ _, • Rafael de J. Cordero, Controller ' ' Rhode Island V)3<)(U) Legislative Council — •*• . ..'--=; — ; _ •, • ' William J. DeXuccio. Director ' V)01{b) Legislative Reference Bureau k k ' — •' ' ' k ' . — — * J.— (Stale Library) • - . ^ -. . Grace M. Slierwood, State Libn. . " , Mabel G. Johnson, Legis... Reference Librarian. - . ..-.. Assistant in Charge of Law Revision. • — k •• k >— '• — — k ' . ; (Office of Secretary of Slate) . Maurice W. Hendel. .Assistant in . • • < Charge of Law Revision ... ,1939 Finance Committee of- Ihnise of . ' — — — -7-. . — • -7- . .— . '! Rcpresentalivfi ' . . s : Howard .A. ICenyoii. . - ' i Fiscal .Assistant~ .' • . • ' . • ' TABLE 1 > PERMANENT LEGISLATIVE SERVICE AGENCIES—Continued

/• ~, ; . , • • • ^ Kecontr ' •-•':. ' Bill mends Spot re- Continuous / Date "^'.\ drafting Prepares substan­ search'and study of Budgetary.. Legis-/ agency -'-'•. Reference • for , bill and tive legis­ Prepares counseling state reve- review lative/ j State or / estab­ Service agency library legts- Statutory law sum- lative research for- -nues and and post' • '. other jurisdiction lished and staff head facilities ^lature . revtston martes program reports legislators expenditures analysis • audit / South Carolina. 1949 Legislaliye Couitcil:. -^ ' L. G. M.errittT Director 1954 Code Commissioner • ' L. G. Merritt, Secretary for .Committee on Statutory Laws Sk>uth Dakota. 1951 Legislative Research Council • Dean E. Clabaugh, Director of Legislative Research 1951 • Revisor of Statutes .• Leo D. Heck, Reyigor and Supreme Court Reporter 1943 Department of Audits and Accounts -^John C. Penne, Comptroller Tennessee.. 1953 Legislative Council Committee Thomas A. Johnson, K.xec. Dir. • • ...,.' State Library and Archives . o Dan Robison. State Librarian and Archivist 1953 Code Commission Harry Phillips, I'-xecutive Secretary • . 1835 .JJepartment of Audit .7 • / William Snodgrass, Comptroller of Treasury - • Texas . ..«-... .1949 Legislative Council C. Read Granl^erry',. Exec. Dir. 1909 Legislative. Reference Division (State Library) Doris H. Connerly, Legislative Reference Director 1949 Legislative Budget Board • (a) . — Vernon A. McGeo, Budget Director 1943 Legislative Audit Committee C. H. Cavness, State Auditor Utah..., 1947 Legislative Council Lewis H. Lloyd, Director Legis. Auditor (vacancy) Vermont...... 1931 (b) Legislative Reference Bureau . . (Stale Library) ^ Lawrence J. Turgeon. State Libn. Hazel Chisholm, Assistant Libri. 1957 . Statutory Revision Commission • Lawrence J. Turgeon, Secy; ' Virginia....-... 1936 Advisory Legislative Council John B. Boatwright, Jr., Secy. 1914 Division of Statutory Research and • • Drafting John B. Boatwright, Jr., Director 1948 Code Commission • — John B. Boatwriglit, Jr., Secy. 4928 Auditing Committee - • 19.28 Auditor of Public Accounts J. Gordon Bennett, Auditor Virgin Islands...... Legislative Consultant • Francisco Corneiro, Legis. Consultant VVashlnftton,.'... . 1947 State Legislative Council • Donald C, Sampson, E.'cec. Secy. Stale-Library i • • • Ma'ryan E. Reynolds, State Libn... 1951 Legislative Budget Committee • -' • • Paul \V. Ellis; Legis. Auditor

~Si 1951 Statute Law Committee Richard O. White. -Uevisor West.Virfilnla. . . . 1947 Joint Committee on Government and Finance (k) • ' 1953 Legislative Auditor (of the Joint Committee on Government and ; Finance) C. H. tCopntz, Ixjgialative Auditor V Wisconsin..... ,;. 1947 Joint Legislative Council • liarl Sachse, Itxecutive Secretary .; 1901 Legislative Refertnce Library • M. G. ToepeU Chief 1909 Revisor oj Statutes James J. Burke, Revisor •

-', •' ' '• . • Wyominii...... 1959 Legislative Research Committee • , Dwight-M. Blood, Research Director Slate Library. May Gillies, State Librarian

(a) Also responsible for preparing a.stale budget. , (f) Established as a department of the government of the City of Baltimore in 1907; in (b) Vear legislative reference services first provided within existing library agency. .191'6 functions were expanded to include service to the state legislature.. (c) llh'noisalso creat'.'d, I9S7, the Department of Auditor General, appointed by'the (g) Year in which full-time research staff was organized. ; Governor and charRcd with post-audit duties. The Litgislative Audit Commission seta policies (h) Minnesota: established on a temporary basis in 1947.and made iH'rmanont ill 1951; for the Auditor General, conducts a i>o8t-audil of his office, anjj^ has broad power to make Oklahoma: created in 1939 but not activated until. 1947; Hhode Island:'created in 1939, but } . , • fiscal review 8tudii?s for the legislature. ^ r . . not activated until 1959. (d) Legiatative Council originally created in 1936; replaced by present Legislative Research (i) Revisor of Statutes is ex-o(Kcio .Secretary of the General Statuti-.s Commission. " • Commission in 1948. Statute Revision Commission, organized in 1938, was consolidated with ti) Services established in 1917; division formalized by statute in 1949. . Kesearch Commission in 1954. . Tic) Carries on interim r;esearch program in conjunction w.ith.Commission on Interstate (e) Also recommends constitutional amendmeius. Cooperation. | ' . •

y

-v LEGISLATIVE COUNCILS AND COUNCIL-TYPE AGENCIES

- • • •/ " Xumber of-members 1959-61 ~\r -. ^ '• r—^^ V Appropriations . • Rep- Ex- • • ', for council ' re- officio Term Year and research senia- and (no. of .Slate ' Agency created service '. Total . Senators lives . others years)

Alabama...... Legislative CounciUa) 1945 S139,490(b) ll \ 4 6 2(c) 2 Alaska... legislative Council 1953. 102,200(e,f) 10 -4 4 . 2(c) 2 Arizona.. legislative Council 1953 100,000(f) 12 " .5 5 /2(c) 2 Arkansas... Legislative Council 1947 140,400 24 .6 12 6(j) 2(k) Ck>lorado Legislative Council 1953 73.500(f) l.S 5 6 2(c) 2(in) Connecticut Legislative Council 1937 153.00O(n) 24 6 12 6(o) 2(k) Florida Legislative CounciUa) 1949 .300.000 18- 8 8 2(c) (ci.r) Georgia...... ;.'..... Jt.Comm. on Operations 1959 (u). .10(v) (v) (v) 10(v) (v) of the General Assembly ' Illinois :... Legislative Coiincil 1937 166.564 22 10 10 2(c)' 2(x) Indiana Legis. Advisory Coinmn.(a) 1945. 100,000(z) 14 6 6 2(c) 2 Iowa... Legis. Research Comm.(a) 1955 (aa) 6 3 3 2- Kahsas ... Legislative Council 1933 177,447(f,ac) 27 10 15 2(c) 2 Kentucky...: Legis. Research Comniii. 1936(af) 408.255(ag.ah) 7 (ai) (ai) 7(at) • (ai) Louisiana.;.... Legislative Council ' 1952 . 80.000(f,aj) 18 8 8 2(c) 4 Maine Legis. Research Comm. 1939 126.600 16 7 7 2(c) 2 Maryland Legislative Council 1939, . 40,000(f.al) 20 6 6 8(ani) l(k) Massachusetts Legis. Research Council(a) 1954 93,460(f,an) 6 2 4 l Minnesota Legis. Research Comm. 1947(af) 155,910 18 9 9 .. ; 2(a|)) Missouri Comm. on Legis. Research - 1943 305,000 20 10 10 .. (ar^ Montana Legislative Council (as) f 1957 100,000 12 6 6 .. . (ar) Nebraslia Legislative Council ,1937' 121.571 43(av) ~43(a\v) (aw) .. (av) Nevada Legislative Commission (a) 1945 158,315(f) 8 4 4 ".. faz) New Hampshire Legislative Council 1951 5,000 15 3 9 3(ba) 2(bb) New "Jersey... • Law Revis. & Legis. Serv. 1954 142,499(f) 12 .6 6 (ar) Coinmn. New Mexico... Legis. Council Serv.fa) 1951 267,500(bc) 1.1 5 6 2(c) 2 North Dakota Legis. Research Comm. 1945 182,346(bd) 11 5 6 2 Ohio Legis. Service Commn. 1943(af) 4.30,000 14 6 6 2(bf) 2(k) Oklahoma.. State Legis. Council 1939(af) 140.00O(bh) 163(av) 44 119 .. ' (av)« Pennsylvania... .Joint State Govt. Commn. 1937 425,000 260(av)-50 210 .. (av) Rhode Island. Legislative Council 1939(af) 75.000(f) 7 3 4 : .. 2 South Carolina Legislative Council 1949 102,100(f) .5 (bo) (bo) 5(bo)^bo) South Dakota Legis. Research Council 1951 70.000 llO(av) 35 75 (av) Tennessee. legis. Council Comm. 1953 200,000 . . \ 24 8 14 2(c) 2(br) Texas legislative Council 1949 287,560(bt) 17 5 10 2(c) (bu) Utah... ,;... Legislative Council 1947 80,000(bw) 13 55 . 3(bx) 2 * Virginia .Advisory Legis. Council 1936 53,940(ah) 14 5 " 9 .. 2(k) • Washington State legis.'Council 1947 155,000 21 9 - ]() • 2(bf) 2(in). Wisconsin Joint Legis. Council 1947 225,00O(by) 15 5 K 2(bf) 2 Wyoming.. Legis. Research Comm. 1959 85.000 16 8 8 ;. 2(bz) •Excluding cx-officio members. tlireo sixjcific House committees.and of three specific Senate • (a) The research staff arm for the agency in certain states by- committees, who serve for . statute is given a different name, as follows: Alabama. Legis-_ (w) Georgia. Speakei" of llouse namcd^Chairnian:'Indiana, lalive Reference Service; Florida.'I.egislativc Reference IJureau; . Presidenfbf Senate named Cluurmafi; ~Kaifsa8,~~Slarylaiid.~ Indiana, Legislative Bureau; Iowa, Legislative Research Bureau; Tex.is, President of Senate named Chairman, Speaker of Massachusetts. Legislative Research Bureau; Nevada. Legis- House. Vice-Chairman; Kentucky. Lieutenant Governor nained lative Counsel Bureau; New Mexico, Legislative,' Council Chairman;- Oklahoma, chairmanship alternatea each session Service. • between President Pro Tem of S<-nate and Speaker of House. ..(b1 Includes $9,000 for the Legislative Council and $130,490 (x) Term is for two years except that a Senator appointed at for Legislative Reference Service. / the beginning of a new tc-rm serves for four years. .(c)-Pre8ident of Senate and Speaker of House are named . (y) Approval of the fixecutlve Committee is required.in the ex-officio inembers in statute. —_ appointment.of Senate members. (d) Elected by .legislature. (z) Members also receive per diem and mileage for attend­ ee) Includes $13,000 for statute revision. • ance af meetings. Research and staff services are provided (f) Fiscal year 1959-60. ' • the Commission by the legislative Bureau. (g) One Senator and one-Representative from each of the faa) No appropriated am^unt available to either the Iowa four major election districts. Legislative Research Committee or its, staff, the. Legislative (h) Two meetings between'annual sessions required bylaw; Research Bureau. Tlic Legislative Budget'and Financial Control other meetings on call of Chairman or upon written petition of Committee pays expenses of operation at the level determine

•',•72 . ••••.•,••.• ':' J LEGISLATIVE COUNCILS AND COUNCIL-TYPE AGENCIES—Continued

General Statute requirf^ legislative representation Meetings ^ , vtembership* of Officers required < _, * r: '^ '• » , ''•• ^ ' ' ^ , • ^. •• • •<;-»,.. . Ap' Con- pointefl Other ^ gres- ' Elected At Chmpensation », by pre- method's Polili- sionnl by least Only •' ^ / siding of selec- cal' dis-' lix _ mem- qitar- on Per ,'-•»^" oncers tion parties tricts ; officio berskip terly call diem , penses Stale-

(d) • • .. .. * '...;.. Alabama it .. • •(g) .. • (h) «40 Travel ...: Alaska iC • • ...... (i) • • .. 20 Travel Arizona '(I) (I) .. • ..- •*• 15 Travel Arkansas • (ad) .. • • • ... 20 • Colorado (p) (p) • • .. .. • • 20 • / Connecticut •(r) .. - .. • .. • •(s) (t) ,• Florida .. •(w) .. .. • 20 Travel Geor&ia • (y) ..•".. • . • • lUinois • , •-. • ... •(«•) .. • 15 • .Indiana • • -. - .. • • (ab) • ^ Iowa «(ad) • • ^Cw) .. • .. 5 Travef(ae) ,..•.. .Kansas .. ..• ... •(«•) .. .. • 25 Travel Kentucky • .. -k * *(ak) 20 Travel ..Louisiana • .. • • 10 • .....Maine \ •fad)__ • (i)- •(«•) .. • .. 20 Travel Maryland if ' .. -k .. (ao) * •> .. * ,..'.... Massachusetts (aq) (an) •(aQ) .. • • '.'. • •' •- . • '• Minnesota • • .. • •....• Missouri (at) • .. .. • *(au) . • Montana (a.x) (a.x) .. (ay) .. *• • Nebraska • (d) • .. * • .. Travel Nevada • (ba) /!• • (e) *: * ,.. • New Hampslilre • ;-• * • •• •*• * New Jersey (at) (at) * .. .. • ..• * i IS' • Travel ;....: New Mexico •(bel • • • .. " 10 • .,, North Dakota *(bi:; • .. • • • Ohio (bi) (bi) •(w) . .., (bj) •(bj) .. Travel(bk) Oklahoma (bi) ...... (bl) .. (bm) ... ^bn) Pennsylvania • • ^.. .. '• • Travel Rhode Island .. • (bp)' 10 .. .South Carolina (bi) ...... (bl) •(bq) (bq) 10 • South Dakota • . • (bs) .. • • 10 • .*. Tennessee • . .. .. (bv) •Cw) •, • Texas • .. • .. ... • •. • ....Utah • • .. • 10 • ^ Virfiinia • (ad) • •„ .. • •V .. 15 Travel \. .Washington (at) • (at) .. V^ .. . • •\ ...'',.. • * ^ .V... Wisconsin •k ; .... •• . * .. .- • •• \» 12 • .Wyomlna • (an) Includes''S6.(KJ0 for Legislative Research Council and Loaders of Senate, Majority and Minority Leaders of House. J;87,460 for Legislative Keaearch Bureau. .Majority and Minority Whips of Senate, Majority and Minority " (ao) Chairman appoinfeii'by PreaKjciit 6f Senate, Vice- yft'hips of House. Chairman of Majority and Minority Chairman by Spcakt^r of House. .;,,.' " / "f Senate, Chairman of Majority and Minority Caucuses of (ap) Members are arn>ointed during or afteftlcgialativeHe.faion House; in South Dakota, Speaker of House and JJresident and serve untirconvcriiiig of next regular session, - • Pro Tern of Senate are ex officio raembera of the Executive (aq) House members ajdxiinted.by^Speater, one from each Board, the rerpaining members are elected by the legislature. conBfessional distirict;. 55enate members chosen by caucus of (bj) Jixecutive committee meets quarterly; full Council Senators, one from each congressional district. ^ .miH.'ts on call. •. (ar) Members serve for term of pBice qs member of the jegff-' - fiik) Receive 7< per mile and necessary travel expen-se to. lature. , attend Council meetings. Receive same as other state employees • (as) Montalia Supremo Court upheld constitutionality of- (or other authorized travel, either in or out-of the state, on act on August 20, 1957. " . ' • •* . Council business. » (at) House members appointed by Si>eaker; Senate members , (bl) Chairman choseri by Executive Board of Council, aiipointed by Committee on Committees. In Wisconsin, the (bm) Hy statute, executive committee i4 required to hold Senate memlwrs thus c^hosen must be confirmed by Senate. organi/atiorial meeting within thirty days after convening of (au) Meetings are arrangetl 1.' members.., '-'5-'.•. Crt-neral Assembly; subsequent meetings an call of Chairman. (av) All memlwrs of legislature are meml>crs of Council and ''•• ' (bn) $20,pcr diem plus mileage, serve for period of their terra in the legislature. , (bo) President of Senate, Speaker of House. Chairman of (aw) Unicameral leijislature. " Hou.se .and' Senate Judiciary Committees and Secretary of fax) The Chairman and Vice-Chairman of Executive Board ' State comprise ex-onicio membership and serve for term of are electetl by legislature, other two members oA the board are. office. „, • . . ex ofBcio: thc»Speaker and the Chairman of the Committee on . (bi# Three regular meetings required each year between Committees. sessions. During sessions Council meets omcall of Chairman or (ay) Full Council is required to meet at least once each bien- majority of members. : ••,'.' - - *> ' • nium and may meet at other times on call of Chairman.i (bq) Executive Bpard .of Council meets q'uarterly. Standing , (az) 'Members serve until successors elected and Qualified. committees nieet op call. ••. • ointed iifior to adjournn-eni and serve their successors are appoimed'; • until their successors arc appointed and organized: (bs) Each of the three grand divisions of the state must have (be) Includes $72JOO for special studies. $76.0*M) for legis- representation on the Council, lative fiscal analyst office created in 1957, antf $3.(X)0 for travel (bt) Includes $50,000 for study of state constitution, expenst^s of .legislators who are not members.of Legislative (bu) Members appointed during or after the legislative ses- Cofilicil. . • •* -sion and serve until convening of the next regular session (W) Includes $23,000 for statutory revision program, $7,846 or termination of membership in legislature, for preparatitJn of Codf Index, $30.(>00 for a tax study, $7,500 ^(bv) No more than two members from any Congressiona for a mental health study, and $25,000 available for work . district. *4 , relating to th^ republication of the Code. (bw) Include appropriation for expenses of office of legislative (be) Housen^crabers chos<'n by Speaker of Hou.ie as other auditor which was created within the Council in 1957. / com'raitlecs are chosen, from list of nine recommended by each (bx) Three public nrtrabcrs, one appointed by Governor, one political faction and equally divided between factions. Senate by Speaker of House, and one by President of Senate. President members c.Koscn similarly by Lieutenant Governor. of Senate and Speaker of House are named in statute, btit may • (bf) President Pro Tcm of Senate and SpeakcV of House are choose to appoint substitutes to serve in their stead. . • named ex-ol&cjo members jn statute. « (by) Includes $1U),000 for administration, $55,000 for re- (bg> House raemt>ers appointed by Speaker of House, Senate search, and $60,000 for highway study. The appropriation for members by President Pro Tcm of Senate. the first year will be augmented. by a sum Sufficient from (bh) Does not include Council members' expenses, which genera) fund lo provide for automatic salary increases for are paid from appropriations made to the House and Senate. 8ta0 approved by the legislature. The second year'appropriation- (bi) All legislator* are Council members: executive coni- was subject to revision at resumption of toe adjourned session mitteC'in Oklahoma is appointed bjf- presiding officers with in November, 1959. representation from each congressional district; in Pennsyl- (bz) Members appointed during aeasion and serve until vaaia..by statute, executive committee cotisists of President January 1 prior to conveniifg of next resular^aessioo. Pro Tem of Senate, Speaker of House. Majority and Minority ^

' "' ' •"••• 73'.' ' ui J) J>" •"•"•"•''•''•" •"•"•"•"•"'''^'*'

2 Legislation

\ TRENDS IN SXATE LEGISLATION, 1958-1959

EGisLATUREs of eighteen States met in Meantime, the. states faced the necessity r^ular sessions in 1958 ^ and of for increased appropri^ations to meet their I-^ forty^seven in 1959. In addition, expanding responsibilities. The legisla­ more than half of the states had special tures to a large extent could rely on the legislative sessions in one_or both of the increajied revenue expected from existing, two years. • tax- rates in a ris'ing economy. Some ses­ . Elsewhere in this volume chapters'on sions thus were able to avoid tax increases separate fields of state activity include entirely. For the great majority, however, treatment of important legislation in vari­ higher rates„.or new taxes or both were ous categories, (See Index.) This chapter voted, ranging from minor levies to major summarizes^ver-all trends of legislation increases. during the period. Legislation likewise was extensive dur­ Legislative action was notable for ex- ing the bierinium to improve the organi­ *pansion and improvement of state serv- zation and facilities of state government, ices>in line with growth of tlie population in its executive, legislative and judicial and public needs. Record budgets were* branches. In action affecting state serv­ general, and there was widespread tax ices, increased appropriations for educa­ legislation. , , tion and^ other measures designed io\ The economic recession of 1957-58 had " strengthen the educational systems were .^ important bearing in both the 1958 and especially to the lore. Financing of high­ 1959 legislative years. In 1958\it was re- way construction, enactments to increase /~ liected in caution as regards finance and highway safety, action to improve men­ . revenue prospects. Record budgets, how- tal health services, and measures to strengthen welfare services, including #^ , ever, were adopted by most of the legis­ latures with regularsessions, and several those lor the aging, were also prominent. •states took important tax action to raise Increased benefits under unemployment additional revenue. When'the legislatures and - workml&n's compensation were ' met early in 1959 the recession had spent adopted in many states, as were measures itself, but for the time being it had to extend benefit periods under unem­ checked tlie nation's long-range economic ployment compensation. Additional fields expansion', and this had cut into tax reve­ of significant legi^ation included water and Uaiid resources, boating safety, con­ nues. As the year began many states ac­ tinuity of gpvernment in ernergency, de­ cordingly experienced deficits or notably velopment of atomic energy and protec­ depleted balances. ! tion against : radiation, business and insurance regulation, correctional sys­ 'Including pdawarc's session-, held over from tems, aiul local governmental activities. 1957, • '

>

.i /• • • LEGISLATURES AND LEGISLATION 75 lishing the lines of their, state govern­ FINANCE ments. Alaska's legislature in 1959, pro­ To finance expanded services most of viding for initial organization of the the legislatures, as indicated above, voted executive department, placed all execu-, record budgets. tive and administrative functions under ^Examples in the big legislative year of the Governor, in twelve principal depart­ 1959 included adoption for the 6rst time ments. Hawaii's legislature/fn the same of annual budgets exceeding $2 billion in year organized the executive branch into two states—$2.2 billion in California and eighteen departments. just over §2 billion in New York. Indi­ Outstanding action in other states af­ ana's legislatiire voted that state's first 51 fecting, the executive branch included billion biennial budget. Appropriatipjis adoption of a Michigan measure in 1958 of $2.7 billion were adopted for the bien- under which the Governor may propose nium in Illinois, and a two-year budget of reorganization for executive agencies, to $2.4 billion was approved in Texas. become effective unless either legislative In 1958 two-thirds of the stjucs with house rejects the proposal within sixty regular sessions either raised the rates of days after its submission, or the people re­ one-or more taxes or proji'ided for addi­ ject it by referendum within niiiety days tional revenue by changing collection after the legislature adjourns. The Ore­ procedures. Among the enactments. New gon legislature took, similar action in Jersey adopted a new corporate income 1959, authorizing the Governor to pro- . tax and Mai;yland a new tax on cigarettes. pose sweeping reorganization for admin­ In 1959, again, about two-thirds of the istrative agencies at sessions through early regular sessions adopted revenue raising 1963—such plan to be accepted or rejected legislation, the enactments ranging from in full by each house of the legislature small increases to extensive tax programs. within forty-five days of its submission. The larger measures included legislation Measures for executive consolidation expected to prodiuce an additional $272 were notable • in a number of other million in New York for fiscal 1960 and states, Including. Colorado, Connectfcut, $325 million for subsequent years; in­ Georgia, North Carolina and Tennessee. creases to raise. $220 million annually in Legislative and judicial organization California; and a program to produce an and procedures likewise were strength­ additional 1175 million for Texas^ bien­ ened. Examples of action affecting the nial budget. legislatures include establishment of an In those three and most of the otBer Office of ^gislative Counsel for Georgia states that provicj€d for sizable tax in­ and of a Legislative Council in Rhode creases in 1959 the higher rates were Island. New fiscal review. agencies were spread over a group of taxes rather thaj]i., .. initiated in the Oregon-and Pennsylvania concentrated on a single category. About legislafhres, and such agencies were a fourth of the regular sessions- raised m^ strengthened in certain other states. come taxes, four raised general sales taxes Administrative offices of the courts and many increased selected extiscs. Ne^v^ 'were created in 1959 by legislation in taxes* in the year included a cigarette tax Colorado, Illinois and New Mexico; Wis- imposed for the first tinie in California" "roeSin's legislatuee enacted a comprehen­ Hs- and taxes on alcoholic beverages in Okla­ sive statute on court organization, pro­ homa, following its repeal of prohibition. viding for a statewide court system and Six of the legislatures adopted income tax abolishing numerous specialized .courts withliolding. . , wich differing jurisdictions. A Connecti­ cut law replaced sixty-six municipal JGOVERNMENTAL "ORGANIZATION courts and 102 justice of the peace courts • In many states during tKe biennium with a statewide Circuit Court of limited' legislation was adopted to improve state jurisdiction. Measures to abolish or im­ governmental organization and facilities. prove justice of the. peace couits were, . Sessipnsg^n the new states of AJaska and features in certain other states. Hawaii were particul;j|ly notable in estab­ A number of legislatiires increased sala-

/ ^ 76 ^THE BOOK OF THE STATES ries in one or more branches of govern-rv tion and other measures to facilitate it. ment—executive, legislative and judicial. Six states in the biennium—New Hamp-* shire. New Jersey, New. York, Ohio, STATE SERVICES Rhode Island and West Virginia—in­ Among state governmental services creased their gasoline taxes. Accident lia­ none received more attention than edu­ bility legislation, strengthening of driver cation. It accounted for large and rising licensing laws, and limitation or prohibi­ shares of the record appropriations in the tion of advertising billboards along cer­ two years. In part, this reflected the fact tain highways were among significant en­ that the school-age population was in­ actments in various states for highway creasing more rapidly than the popula­ and traffic regulation, , tion as a whole. Moreover, it was clear In the field of health and welfare, ac­ that an increasing proportion of young tion to improve mental health services people desired to continue their educa­ was nptabie in several states. One feature tion beyond the high school. Educational was adoption of the Interstate Compact needs of many localities had mounted on Mental Health by ten legislatures in r still further becauspof continuing shifts 1959 and bVtwo iif 1958. Action to aid of people from ])lace to place, especially older citizen^was prominent. to the meti"opolitan suburbs. Iii addition There waS^nuch legislation to increase to all this, it was widely recognized that benefits and their duration under unem­ the extraordinary scientific developments ployment compensation and benefits and of our times, our competition widi the scope of coverage ur^ler workmen's com­ Soviet Union, and our status in/world pensation. A large proportion of the un­ leadership recjuired improved quality in employment compensation enactments American" education. were by special sessions in 1958. Among features of^the record appropri­ Many legislatures enacted laws de­ ations for education were enactments in signed to strengthen law enforcement and some states specifically protming" for in­ 'correctional programs. One example was creased salaries for public school teachers establismnent in Galifornia of a Commis­ or college faculty members, or both. Sev­ sion ^n Peace'" Officer Standards and^ eral of the legislatureis initiated or sub­ Traimng in the State Department of stantially expanded state scholarship pro­ Justice, to adopt rules on physical, men­ grams for higher education. Significant tal and'moral fitness of officers in cities enactments also included support for and counties receiving state aid under the community or junior collets. In several aclis^ine states of the Far,AVest> ratified states, legislatures sought by specific the Western Interstate Corrections 'Com­ means to raise scholastic standairds, or to pact—all in 1959 within a few months provide special opportunities for gifted after its development and its recommen­ students. Qnelexample in the latter cate­ dation to them by the Western Governors' w. gory was provision of further state aid in • Conference. The compact provides the L Illinois to encourage study projects aimed ratifying states with a legal framework at accelerating education for children under which they can contract for co­ whose mental development indicates abil­ operative care, treatment, and rehabilita­ r ity to benefit from advancecf study. In. tion of sentenced offenders when this is North Carolina, boards of luglier educa­ judged appropriate. . tional institutions were authorized jto Legislatiofr^ffeSiiignelecTibm ificlu^e^ establisji minimum requirements of schol­ measures in several states to facilitate vot­ arship. Ohio's legfeliiture provided that ing or registration, or both"" "T~ the !y:ate board of education ^ shall en­ Numerous enactments in the biennium courage development of special progiaihs —in addition to ratifications of the Men­ for gifted children, conduct research rela­ tal Health and Western Interstate Correc­ tive to their training, and advise district tions Compact noted above—were de­ boards of education in this regard. signed to increase interstate cooperation, I. " highway legislation Vwas characterized and there were many new adoptions of by increased authorizations for construc­ uniform state laws. -<-<>^

\ DIRECT LEGISLATION, 1958-1959

UMEROUS proposals received (direct California's voters authorizing legislatio^i approval of the voters in stalci^de to permit persons to vote for President N elections; of 1958 and 1959, as and Vice President after residing in the amendments to state constitutions or as state fifty-four days, if tliey are otherwise referendum measures..The people pissed cjualifieci as California electors. Alissouri pn such proposals iii more than two-thirds approved a constitutional amendment of the states, most of diem in the Novem­ permitting voting for President and Vice ber elect'lons of 1958. President in a general election after sixty Prominent among measures adopted days' residence in the state.'A I?ennsyl- were provisions affecting elections, organ­ vania amendment (1959) permits voters ization and administration of state gov­ who move within sixty days before an ernment, state-local relations, finance and election to vote in their old polling dis- taxation, and individual state services, ;tricts at that election. And South Dakota especially education. In most cases the Voters provided by amendment thjit per­ adoptions we?;^ by constitutional amend­ sons who mp3e:from.one county or pre­ ment. cinct retain voting privileges there until The following summary is by no means they meet the new residence requirements. all-inclusive of the enactments. It indi­ » New Hampshire voters removed from cates, however, the scope of measures that their constitution an anachronism that held wide interest. Unless otherwise iden­ had restricted the franchise to males; in tified, all of the- adoptions reported here practice, however, women had voted in were in electiolis of 1958. New Hampshire lor many years. In New York a constitutional amendment (1959) STATEHOOD permits the legislature to provide for elim­ After votes by Congress for admission ination of primary elections when there of Ji^laska and Hawaii as the forty-ninth are no contests^ Under a Texas amend­ and fiftieth states of/{he Union, the peo­ ment, announcement of candidacy for a ple of both territories approved statehood different office by a district, county or pre­ m plebiscite votes. In both cases the mar­ cinct official signifies his resignation if the gins for statehood were overwhelming. unexpired portion of his term exceeds one On August 26, 1958, Alaska's electorate approved three referendum proposals submitted to them urlder terms of the act ADMINISTRATIO.X, EXECUTIVE BRANCH of Congress authorizing admission .into A constitutional amendment in Illinois the Union. They voted for immediate transferred bank regidation from the statehood; accepted the boundaries of the Auditor of Public Accounts to a new De­ territory, as the boundaries of the ^lew partment of Financial Institutions. Mas­ state; and accepted conditions as to trans- sachusetts adopted an initiative proposal fer of public 4ands to the state and the ~lisTegards~lncoiiifT of publfc ~eiiiployeeT power of the President to withdraw cer­ who have retired on a disability pcns'ton. tain military lands in emergency. It recjuires that all such former employees In Hawaii the people voted in» plebi­ except judges shall report annually any scite on June 27, 1959, to become the earnings from employment during the fiftieth state. preceding year, and if earnings plus pen­ sion exceed the regular compensation of ''..,• ELECTIONS .^'' the former position, the pensioner must Action at the polls affecting elections refund a portion of his pension equiva­ included a constitutioi^al amendment by lent to the excess.

It 78 THE BOOK OF THE STATES Minnesota's voters by constitutional California's voters adopted an amend­ amendment increased from two years to ment eliminating a mandatory thirty-day four the terms of Governor, Lieutenant recess during legislative sessions held in Governor, Secretary of State, Treasurer, the odd numbered years/ In Connecticut and Attorney General, beginning in 1962. one amendment authorized the legisla- South Dakota by constitutional amend­ tiire to create a commission to handle ment liengthened the line of succession to claims for damages against the state or its the governorship by adding to it the agencies; another authorized it to set a ^ Speaker of the House, the President Pro new,salary rate.for its members in place Tern of the Senate, and the Speaker Pro of the existing provision of $600 for two Tem of the House. A Washington amend­ years. (The legislature iil 1959 increased ment authorized increases of pensions ^he salary to $2,000 for the term, and au­ f after employees have retired. thorized a special $500 expense allow­ In 1959 New York voters provided by ance.) -^ constitutional amendment for establish­ ment of a new Department of'^Motor Ve­ COURTS hicles; previously motor vehicles were Arizona amended its constitution io under a bureau in the ^Department of permit calling retired Judges into service Taxation and Finance. Another New of the Superior or Supreme Courts. A \ York amendment (1959) requires.that in somewhat similar amendment was any pertinent investigation public officials adopted in Georgia, permitting retired must testily about their conduct in any of­ Appellate and Superior Court judges to fice held wltliin the previous five years; preside over such courts, formerly the constitution required testi­ Kansas voters by constitutional amend­ mony about any office held at the time of ment adopted tlie main features of the investigation. ' "Misspuri Plan" for selection of Supreme Court^ Justices. Under the amendment, LEGISLATURES any vacancy on the court is filled by ap­ The people of Nevada and Pennsyl­ pointment by the Governor from three vania both approved constitutional' names submitted by a nominating com­ amendments in the bienriium providing mission. The commission is to comprise •for regular annual sessions of the legist a layman frqm each of tiie congres­ latures.. The Pennsylvania enactment sional districts, appointed by the Gov­ (1959) re:stricts the sessions in ieven nurh- ernor; a lawyer from each of these dis­ bered years to fiscal matters. In Nevada tricts, chosen by the bar of that district; another amendment removed a= previous and, as chairman, a lawyer selected by sixty-day limit on regular sessions and a the bar of the state. At the first general twcnty-da^imit on special sessions. Still election held a year or more after his ap­ another, however, placed a sixty-day limit pointment, a Justice desiring to.remain on legislators' salaries > for a regular ses­ on the court will run against his record, sion and one of twenty days on salaries for without an opposing candidate. If the special sessions. ^ • vote is favorable he continues for a six- Further action affecting legislatures in­ year term. If the vote is negative, a nom­ cluded the following: • . inating commission .is again appointed, An Arizona amendment raised legisla- and the procedure outlined above is re- rtdrs'sala;riesfroin it per diem basis to 31,800 a year, plus §20 a day for special A Nebraska amendment authorized the sessions and interim committee meet­ legislature to initiate a separate juvenile ings, and; authorized for legislators the court. (The legislature iir 1959 authorized same amounts for daily expenses as apply establishment of juvenile courts by local to other state employees. An Arkansas option in the state's twolargest counties.) amendment increased legislators' salaries Oregon voters approved a constitutional from §l,200lfor a two-year term to $2,400 amendment authorizing' the Supreme for the same period, plus $20 a day during Court to appoint temporary judges to the state's sixty-day regular session. that court and lower courts and to assign

''••.:• V - •-

vTL LE GISLA T UR ES A YD LEG l SLAT I OX 79 lower court judges to serve temporarily outside the districts for which they were FiNANCi: AND TAXATION elected. A Wyoming constitutional Voters in Arkansas adopted a constitu; amendment increased the Supreme Court . tional amendment prohibiting the state membership' from three judges tQ four. from levying an ad valorem property tax, thus reserving the property tax exclu­ CONTINUITY OF GoyF.RNMENT sively to local governments. Kentiicky's „ Constitutional amendments were voters (1959) approved a referendum adopted in 1958 by California, Nebraska measure providing for a sales tax to pay a ah\i South."Dakota, and inn959 by Alich- bonus to veterans of \Vorld War II and igan, to provide for lines of succession to the Korean conflict. office and other measures to insiire con- In New Mexico a constitutional amend­ tiniiityof governmental operations in ment established ah Investment Council event of emergency caused by enemy at­ and permitted investment of 25-'per cent tack. Similar amendments, approved by of the state's §146 million permanent both houses of the legislature, were pend­ fund in common stocks and bonds of cor­ ing for voter action in fiiturc elections, porations which are listed on national ex­ and still others were pending in legisla­ changes and have paid dividends for. ten tures. (Numerous legislatures in 1959 consecutive years.'The Investment Cioun- adopted legislation of various types for cil comprises the Governor, State Treas­ continuity of government in emergency.) urer, Comiiiissionc'r of Public Lands ami four appointees, of the Governor. LOCALITIES A New York.constitutional amendment Minnesota's voters approved an amend­ (4959) permits the legislature to jDrovide ment revising all home r^ile provisions of that the definitions of income tax in the the constitution. The amendment abol­ state income^ax law conform with those ished a previous requirement that pro­ used by the i'^deral. goyernment in com­ posed chaiters receive 5.7 per cent majori­ puting income taxes. Utah voters by'con- ties to be adopted and 60 per cent to be stitiitlpnal amendment exempted per­ amended; decision as to the reqiiired ma­ sonal property in homes from taxation by jorities is left to the legislature, and. the any levV of government; previously only legislature may prescribe a method for ^lit;'first :|300 of valuation was exempt." .4 abolishing charters. The measure restored West ylWinia amendment exempted to the legislature power to pass special bank qep^its and money from acl val­ bills, but required that the community orem property taxation. involved be named in such a bill, and that Action on; bond issues included a large affected voters or the governing body of California authorization: of aTSSOO mil­ the community approve the bill before it lion issue to assist war veterans in accjuir- can take effect. Another provision permits ing farms and homes; one of .'5220 million home iule government for counties. - to provide loans and grants to school dis­ A New York constitutional amendment tricts for (1) school sites, construction and (1959) allows local governments to bor­ equipment and (2) housing and equip- row money and leyy taxes for projects and . ment foi* education of the physically han­ services conducted jointly with other dicapped or mentally retarded uilnors; local units. Oklahoma by constitutional , .?2t)0 million for state construction prp^ amendment authorized cities and towns, grjim bonds; and §60 million for harbor ^after approval at an election, to ertter into development. New Jersey'.s voters ap­ contracts with other governmental units proved jssuance of $45.8 million in bonds for water facilities and purchase of water. to expand the state's water storage and Oregon amended its constitution to au­ distribution facilities and to set up a ten- thorize voters in any county to adopt a year progTam of geological and hydrolog- charter providing for exercise of authority ical research of groiind-water resources. over matters of county concern; th^ char­ Voters of the same state approved a refer- ter must prescribe the organization of the efidum proposal (1959) for a .'>66.8 mil- county government. ^:lion issue for state institutions of higher

: \ 1

80 THE BOOK OF THE.STATES education. Ts'orth Carolina (1959) ap- A Virginia constitutional amendment provecl issues totaling $32.8 million for permitted county school boards, without capital' improvements—more than $30 referendum but with the approval of million of this for the university system, boards of supervisors, to borrow funds for the state's mental institutions, and three school construction from the State Retire­ community colleges. Five Rhode Island ment Fund. bond issues were approved, totaling (See also paragraph oh bond issues un­ $26.8 million; included were up td $20 der "Finance and Taxation," above.) million to guarantee industrial mortgages and thus stimulate new plant construc­ dTHER AcrriON ' tion; SI.million for a research nuclear re­ At a special election in April, 1959, actor; ;ind S2.5 millioiv.for expansion and Oklahoma's voters repealed state prohibi­ renovation at the University of Rhode tion of alcoholic beverages, ending more Island. In Washington the voters author-' than half a century of prohibition under ized a $25 million.issue for public insti­ the state's constitution. It was the sixth tutions, including state institutions of time since statehood that Oklahoma had; higher education. * ' voted on prohibition repeal. . New Mexico by constitutional amend­ EDUCATJON ment cancelled liens imposed on property Georgia constitutional amendments of welfare redpients by the welfare laws provided for scholarships for needy stu­ of 1955-57.-^'\ Texas amendment pro­ dents, employees of state departments vided for \^tnclor payments for medical and agencies, prospective teachers, and care of recipiems of aid programs. \ physicians and others desiring special Colorado votfers approved a constitu­ training in the psychiatric field. A Louisi­ tional amendment prohibiting the legisla­ ana amendment vested authority in the ture from authorr/ing lotteries for any legislature to provide financial assistance purpose, but legalizing certain games of to children attending private, nonsec- chance if conducted by nonprofit lodges tarian elementary or secondary schools. or religious, charitable, labor, fraiternal Mhntana, by constitutional amend­ and certain other categories of organiza­ ment, permitted overlapping elementary tions. An initiative measure in Nebraska and high school districts to issue school authorized the legislature to license bingo construction bonds up to 5 per cent of games of nonprofit associations. By refer­ each district's assessed valuation. Pre­ endum New'; Jersey (1959) authorized viously, such districts had a joint bond games of chance under a licensing system. capacity of 5 per cent. A ballot proposi­ A constitutional amendment in Kan­ tion approved in New Jersey authorized sas permitted the state to participate in pledging more than §18 million in the flood control works and works for the state fund to back local conservation or development of water re­ J3-.- • bond issues, particulafly those of districts sources. In New York a constitutional with poor bond-market ratings. aVnendment (1959) authorized the legis­ New Mexico's voters amended their lature to lease or transfer the state barge constitution to establish an elective, ten- canal system to the federal government member State Board of Education with for ope^adon as part of the feHeral inland authority to appoint the Superintendent waterwaysVystem. of. Public Instruction. Previously the Voters of Kansas adopted a "right to board had been appoiiKed andthe Super­ work" amendment, providing that no intendent elected. The amendment called person should be denied opportunity to . \ for nomination and election'^of a board obtain or retain employment because of member from each of the state's ten judi­ meiiibership or non-memJbership in a cial districts. In West Virginia, fdso, a labor organization. (Proposed amend­ constitu^onal amendment made the state ments to prohibit requirement of union Superintcn.dent of Fice Schools, formerly membership as i condition of employ­ an elective official, hn appointee of the ment were defeated in California, Colo- State Board of Education. r^ado. Idaho, Ohio and W^ashington.)

••/••" \ •

•/

ii UNIFORM STATE LAWS

BY JAMES C. DFZENDORF*

HE years 1958 and 1959 were a time Uniform Facsimile Signatures of of increasing activity for the Na­ Public Officials Act. Ttional Conference of Commissioners Uniform Mandatory Disposition of on Uniform State Laws. Detainers Act. The Conference, which was organized Amcndmcnts.to Uniform Reciprocal . in 1892, meets annually during the week Enforcement of Sujiport .-\ct. preceding the annual meeting of the Amendmeiit to Uniform, Principal American Bar Association. It receives and Income Act. ^ \ most of its suggestions for -iinifbrm and .Amendment to'Uniform Sectnities model state legislation fronivthe JC^ouncil .'Vet.. of State Governments, from the varioiiis • Amendments to Uiiiform Narcotic organizations for which it acts as secretar­ Drug Act. iat and from the sections and committees ^ Model Water Use .Act. of the American Bar Association. In 1959:- The Conference devotes its entire an­ Uniform Perpetuation of Testimony nual session to_^a section-by-s^.ction study -•' Act. •' :' . of proposed uniform and model acts ModelForeign Bank Loan Act; , which nave been previously ^considered Model Defender Act. by committees and sections-j^tOf the Con­ , In the drafting of all.a. ts, the Confer­ ference, and in many iftstances; by the ence and its sections and connnittecs.work Conference itself at one or more preced­ closely with variotis other organizations ing annual meetings. '^ ^inierested in the subject matters involved, ITie annual meeting held in J^osAii- including the CoiuVcil of State Govern­ ,geles in 1958\had the largest attendance in ments and the .sections and committees the history of the Conference, and the of the American Bar Association. • 1959 meeting in Miamii Beach was even larger. At each meeting forty-eight juris­ " OTHER DEVKLOI'.MENTS diction^ were represented. V The 1960 meeting of the Conference will be held in Washington, D. C. in RECENT CONFERENCE ADOPTIONS August; the Conference and die Commit­ In the past two years, fiveuniform acts tee of State .Officials oh Suggested State and four amendipents to previously ap­ Legislation of the Council QX State Gov­ proved uniform acts were adopted by the ernments will hold a joint nieeting then Conference and were approved by the which should be mutually beneficiaLto, House of Delegates of the American Bar b^th organizations. Association. In addition, three model Four matters of more than passing in­ acts were adopted. The adoptions were as terest occurred during the last two years follows: which deserve special mention. In 1957 In 1958: ' • the Florida Supreme Court xleclared un­ Uniform Act on Simplification of constitutional our "Uniform Act to Se­ . Fiduciary Security Transfers. cure the Attendance of-Witnesses from- Uniform Estate Tax Apportionment Widiout the State in Criminal.Procged- > ••: Act. •./'.. . \ ings;" At the request of the National Con- . ference of Attorneys General, through th(r •*Mr. Dezendorf is the Immediate Past President Council of State Governments, the Con­ of the National Conference of Commissioners on ference filed a motion in the United Uniform State Laws. States Supreme Court which had gnuited \ 81

, .^.^ 82 THE BOOK OF THE STATES certiorari lor leave to file a brjef amicus unifprn;! state legislation as may be recom­ ci/nne. Our motion was granted, and we mended in the Commission's report to filed a brief in support of the constitu­ Congress. tionality of the act. On March 2> 1959, the - The largest single project ever under­ United States. Supreme Court handed taken by the Conference w^s the prepara- down an opinion-reversing the Florida ti©n of the Uniform Cqmmercial Code, Supreme Court and sustaining the con­ which took more than twelve years to stitutionality of the act. - complete. In this tremendous project the Jn June, 1957, when President Eisen­ Conference acted jointly with the Ameri­ hower addressed the Governors' Confer­ can Law Institute. The code was adopted ence'at Williamsburg, Virginia, he made in Pennsylvania at the first legislative SCST a suggestion that led to the establishment sion following its approval in 1951 by the of the Joint Federal-State 'Action Com- - Conference and by the House of Dele^ mittee, with the objective of finding gates of the .Amejican Bar Association. It means for state assumption of a larger has now been adopted as well in Massa­ share of responsibility in the carrying out chusetts, Kentucky, Connecticut and New of various governmental programs. Hanipshire, The code* it is hoped, will be Shortly after its organization the Joint' adopted in many more states in 1960 and Committee offered several suggestions 1961, as it has been the subject of review Ci which would require uniform state legiS; .by interim committees and legislative lation for their implementation; The study cdmmihees in a number of states., Conference was invited by Secretary of Atour annual meeting in Miarni Beach 4he Treasury Robert B. Anderson and the Conference considered twelve jjro- Governor Lane Dwinell of New Hamp­ posed uniform acts and several iiiodel shire, then Co-Chairmen of the Joint acts. As indicated above, only one uni­ Action, Committee, to participate in the form act and two model acts were finally, drafting of the necessary uniform state approved. On the other eleven uniform legislation. The inyitation was accepted, acts and the other model acts additional and a special committee of the Con­ workand drafting will be required before ference is Working on the- subjects they reach the perfection required to sat­ involved. • isfy the Conference that they are ready for V In May,/1959. the Conference was con­ approval and submission to the House of tacted by the Chairmen of the Advisory Delegates of the American Bar Associa­ Committee to the Commission of-Jfiteriia-.,-, tion, prior, to their submission to the legis­ tional Rules and Judicial Procedure, latures oi" the various staties. , which was established by ah act of Con- . The proposed uniform acts ^ under gress to investigate and study existing consideration include, among others, a practices of judicial assistance and co­ Uniform"State Code of Military Justice operation between the United States and Aati' a Uniform Death Tax Credit Act, foreign countries; This was suggested witli^. a Uniform Liability for Radiation Inju­ a view of achieving improvements in the ries Act, a Uniform Anti-Solicitation,Act, conduct and settlement of/litigation in a Uniform Extra-Territorial Process Act, state and federal courts which involve per­ a Uniform Retail Installment Sales Fi­ formance of acts in fbreign^countries. The nance Act,

^ LE GISLATUIi E S A \D LEG IS LATIO \ 83 ference annually publishes a. Handbook of the movement for uniform state laws. of its proceedings, and in.addition there Recent interest shown irom many appear each year ^ large number of arti­ sources in its activities indicates that the cles, Hiotes and comments that deal with important position of the National Con­ its projects, principally, in law reviews ference of Commissioners on Uniform and the journals of bar associations. The State Laws in the improvement of legisla­ Georgia Bar Journal of May, 1957, for tion and justice will continue for many exaniple, contains a study of the history years. , •

-I-

-7

f -*•

r

t

L 84 THE BQOK OF THE STATES RECORD OF PASSAGE OF<;CNIFORM AND MODEL ACTS* As of November 15, 1959 *J>

UNIFORM ACTS-

=0 Or ^1 •2 -^ ^1 ,_^

OK '-'C "1 "^IT' •c Oi. •c N—' c o.

1 •c -• 5 1 5 -2 S O' •=> •*• ? 2 -- ."- 00 I i 2 ^ •^ e 3 •a .o a •;?• a 3 ^C •?2 -' S -J O K^ a. •^ h^ •^ "-. f-,' .2 5 • .•*- •»* ^* I >. I3' .= " to Slnle or other .a ~ =: %-. "^ ,2 =- •= jurisdiction ^ £: 1 1' a. .;? k. «. --. a. ^ Alabama ir • • • *, •, • • .. .. • • 7T Alaska * • • • • •. .. • . • ... • • ^T k Arizona. •'ir • • • • • • • • • k k k • Arkansas...... ' •*• • •• • • • • .. • • k k k • California..... ^ -^ •K • • • • ic • • • • k • k • • • _ Colorado. -^ • • .*. • • k • k k Connecticut... -^ • • • • .. • • k * •* Delaware...... ^ • • •• • • • • k k • • Florida ^ • .; .. • •.• • • • • Georgia ^ •. .•. .. • .. • • Hawaii.. ^ • • .. • • • • • * k • . Idaho ^ • k • • • • • • .- • • • . Illinois...... ^ • '• • '• • • • • • • k • * k Indiana— ^ • • • • . • k k Iowa ^ • • • • • • . • • k • • k Kansas ^ • . •• • • • • k k Kentucky .^ • • .. .. • .. • • • A- .. Louisiana. ^ • .. * • • • • • ... • • • • ,. Maine ^ • • • • • .. • • • • k Maryland ^ • • •• • • • • • • • .•—•- • k Massachusetts. ^ .• " •! -ir • • • .. • ..• • .• • k Michif^an...,.. -f^ • •' • • r • • .. • • .• • • k • Minnesota...... •ff. • • • • .. • • • • • .. '• • • k Mississippi. ^. •. if • .. • • •k-k- k • • Missouri...... if • .. • • • • -A; * • k k ... k Montana...... if • .. k vV • k Nebraska;: if • • . • • • • •• • • • • • • Nevada if • .. • • • • -. • • • • .-. .. • • • • • • • • New Hampshire if • • • • .. • •• • New Jersey if .• • • • • • • • • • • • New Mexico if • .. • • •• • • .: . • •• .. • •, • • • • New York.. ^ • • • ..• • • • • • • •> • • • .. • • • k k • North Carolina. •*• • .. • • •. . . • • •. • North Dakota., if • • • • • • • • • • ,. • ,.- • .. •• ir k Ohio ,., • • • • • k •• k, k .. Oklahonia..... if • •• • • • • V k .. • Oregon...... * • . • .. • .. • ^ .-, • •::•' k • Pennsylvania... if • • • • .. • • • • • • • • k Rhode Island. . •*• • • • • -.• • • • .: • • South Carolina.' -A- • ... • • •• • . . • • South Dakota.. ic • • •.•.- • • • • •• • • k . •• • vV •• .• • Tennessee if • • .. • • •* •*- .. k k' • • '•k .. • Texas. • • • •k • • .'. • • .. .. •• Utah. • • • .. • • • • •. '•• .- • • • • .. .. k Vermont ... -k 1^ • • k ir *"• •& ..-• ... k Virginia...... • • • •• • • • • • • • k .. k Washington.;.. • •. • • • •• • -^ k West Virginia... • • • .. • k if k •. ^:- Wisconsin.... • • • • ... • • • • • . •. • .*.• Wyoming • • • • .. •'. • • Dlst. of • • • .. • •. > *- Columbia... • • • *••.•• .. ••./.• k^k'"-^.'. Puerto Rico... • •k .. k •• k k •• Total. 52 52 37 33 .51 21 37 40 2l 30 18 40 25 28 21 42 24 48V 49 35 7 43 • ' : • I ' ' • - • : 3 ifPrepared by the National Conference of CommiBsloiicr.s-on I'niform State Laws. • These states have adopted the Council of State Governments' form of Support of-Dopciidents Act which Is similiir to the Con- erence Act. ;. • ' ,..'."•••,. •'A'AB'amended. ^ LEGISLATURES AJVD LEGlSLAT^ldX 85 RECORD.OF PASSAGE OF UNIFORM AND MODEL ACTS-Continued ' AsbfxNovember 15, 1959 ' '^ " • •i;\'rFni,'\r ATTV Coittinuei}

3 ^ t B r . ^* M • a - ^ - • o. • - :2 ^^m "^^ •1.' ^. i: ? ? . 1 o • t. 5< *^ IK S <^ •| 0:;. *^ 'a k, : til 1 3 c 0 (^ = a •, v> "3 >i .i ^ .a ••'• -• >* I c 1 q "to "3 'C • ** V) 5 to . o 1^ 11= • •si k .5 s a; 1 i^ • 5 •5. >> •=5. • • 5 f* -M 14 P^ 52 '3 '^ to 7^ \3 to 2 1 •5 5 ' I- V a £ L 3 State or other > :5' 1'^ r- T : f^ W 's •~>- ^•- H •. a; '^ c r^ ^ s -^ " -^ -1 ">^ to •^ ir,- .•^- <^ ^ u jurisdiction if if 1. • • -*• -A- ...... Alabama H' • • . - • • • , • *• .. • • • ••-.v '.Arkansas • • • •• • ...... ;CaIifornIa .. • .-.. • • • Colorado • . •• • .. ; . J .'. .Connecticut 1• ; • • •-.•. .-. ^-.r„_ ...v* • • • • • .. .. • • .. • .'Florida ^ft • . if H • .. * . • • .. • • • . •.- * .. • •... • . • *• .. • • •' ( • .. • . / • • • .. • •k'- • • .. Illinois • ' • .. : . .. • • Indiana ^H1 ' • .. • • ...Iowa ,f-.- • .Kansas • ...... Kentucky .• . .Maine • ik ...... Maryland • .. Massachusetts H' • .. • • • • • •.. ; Michigan • • . ••. • •• • • • • • ...:.. Minnesota 1 •'.'• • • .•; . .. .Mississippi' :._; • I . *• • .. • .. •vV • .:.MlwiOWi •••.. •• • ."• • • • .. • • • "^'. H.1 ' • • •• • .. • • .. • '•••• N.ejjif^ska. I • .• • :• •• •*" • .. • . • ..'. .. .• Vr .- • • # k. .... • » •.New Hampshire I • • .. '. . • . .- ••- • • *./ • • .. ..;... New Jersey • . i . . :" • • • ..• • • ,• • • iV ., ...... New Mexico • • .. .. • • •• •• .;..,.. .New York . ir if -A- .. North Carolina

/••• • • • t * • .. •• • • • .. .North Dakota • • • ..Ohio ••• • •k .'ir • " •

; •

• . . Jr.. tV • .. 1 • .. • • • ••A • • . • :. . . . Pennsylvania •*• • • •A- if if . . Rhod* Island' . •• .. • \ir -

t. • *• . •, • • *• • • * • • •k • • . - • • .. •• "ir. • • • • • ...... Tennessee • • • •: • V .. • • ...... •?... .Texas \ .',- w •; • .; • Utah

if .. ;. •. if -A- if ...... Vermont ' •-^ • • k .; ... . Vlrftlnla \ . .-• • Washinftton .. • • West Virginia.

• • - • • .. • • -k- • ••.. Dist. of .."... .. • •ir ...... Columbia ...... Puerto Rico \ 26 28 6 3 7 1 9 30 3 .26 5 11 17 0 2 46 .14 14 16 0 0 1

•. "f

^• '\ r 86 ' THE BOOK OF THE STATES . . - * RECORD OF PASSAGE Of" UNIFORkt AND MODEL ACTS-Ciontinued • '^ . Asof November 15, 1959 - ' .

• UXIFORM ACTS-Continufd- y^ •^ "o- . •*4 3 ^1 05 "1 • .'*. t>' C;. V 2^ .« •o. 3 & CK- •5; C 0 "C . k. •52; . ^-0 ^ • u S 5^ •c2 ~: c * -5 •2., •St 0 ci. w • 1 ^ !e = ^ \i II 5 a c •^ • • •^.- o^ ^S •2 •>* • Slalc or olhrr :~ p = S-2^ V 'uC/^ 5 •s li 5^ 3 C jurisdiction , ^ ^i *-» .*^ ** •,o :s N \J •ij ^ ^ 0 Alabama... • Alaska • Arizona ' Arkansas...... it • * California... . • .. • • .- • Colorado... *i • Connecticut. ... vV Dielaware.... ., ' • • . '••'•:

Florida. .... •k T-'r

Georftla.. . .-. . . '•*••• Hawaii • Idaho .. ••*• • •'.'. • r • } •••%:.• Illinois ,. • <• * Indiana...... ^^ .. V Iowa. Kansas • Kentucky Louisiana... .. -. •*• .Maine...... ^. Maryland...... ".. .Massachusetts Michigan .Minnesota .*. ^Mississippi Missouri...... "k Montana • Nebraska. -k -k Nevada. • NSw Hampshire, ir • • -NewJersey.- ,.. New Mexico New York..;...... •\ ... .. NorthCaroHna.. .. North Dakota ... •it • v^- Ohio.: v.- Oklahoma.". •v .•••

Orejjon. . .;... .. • '•-• Pennsylvania. . V. Rhode Island.. . -ir South Carolina.. • • South Dakota Tennessee. . . .:. Texas.. •.-•.f .•. • •..,.-••- Utah...... •s • ••. ... Vermont IVlrftlnla...... • Washinfttoh • • • •. West Vlrftlnia. .' Wisconsin...... •*• •*• • •A- Wyominii... -k District of Columbia...... Puerto Rlto...., .. Total 9 8 1 32 50 6 17 . 0 0 r:

LEGISLATURESiAXD LEGISLATION 87 RECORD OF PASSAGE OF UNIFORM AND MODEL ACTS-^Continued A^ of November 15, 1959

I'SirORXf ACrS-Cdiiliuued -•— . . \tODEL ACTS-

• '• sc .a ' . . •

•^ .2«^ 5 S ^ !Q S .S . -• / Grr-. £ ::. c?. o^' :r. « . -J

^^ -3 • •= 5. \5-C w^ •^'^ '-^G ^ io^ 5' -Si-. = -r., . a . ,:= ,o ^ ss . b tliitflil III f ri 2^ S^ •£ .?. • S i"^ .&=- C=^ 5^ I i^ ^- .1^ t -s . -S 1= S 1'^ Staieor other ^!, OH ^G^OC Cisc:^i,'t; ^. \ri , a.C'^ ScSu • jurisdiction ir ».. .. •,. ;. 1 .. Alabama • .. • .. "..• ...?:; ..'.. * Alaska •k .....;. ^ Arizona * * .. .. Tlr ...... * ' ...... Arkansas ^* • • California '^T. ;. .... • .-. .. .,. .. Colorado •k ...... - .. .. . • • • ....!.. Connecticut -" .. .'. .. ,. .. .. H. Delaware .. • .. .. ;...... ; Florida ...... ' .. ...Georgia .-. • • :...... • • ...... Hawaii ..•..., •• •• .,...•.. • .....Idaho .. • .. .. • .. .;. .;...... Illlnoia • .. - ir . • .. , .. ; ..Indiana •k ...... i. Iowa .. -k , -k • • -k ...... Kansas .. * ...... ; .; .. Kentucky ....-..,.. .. TH: .. Louisiana .. •*: ...... if ...... Maine .. • ,. ..; '.. .. • '.. '.. .'...Maryland •k •. '• • .. _:. .. .. Massachusetts .. ;...... Michigan •k ' -k ...... Minn1?80ta •k •• .., •• .. -. ...Mississippi ..••..,.. .. • • • ...... Missouri- • .. -k .. Mojitana Sir .:•.!...... -k Nebraska .. • .....<.. • . .. • .• • Nevada

•. . , ^ • • ..••,. ' • ' . if k ••• if if .i • New Hampshire ., ...... ^.. New Jersey if... if •. if ...'.. '..;•. .New Mexico • .. • •. NewYork if ...... North Carolina if. • • ...... ' ...... NorthDakota ...... • Ohio • • .. • .. .. ,..Oklahoma .. .-k- .. -...... ' ...... ^.. .. •.. .; Oregon • ...... it .. if . .. Pennsylvania ..if .. •*••.. Rhode Island ...... -Ar .. .. . • .. South Carolina • ...... • .;..South Dakota •A- * ..•?.-*• Tennessee .. • • • • .. • :. : •. ...Texas ..,•.. , • .. • • • .. ;.....'. Utah • .. .. •..,...... r;.* Vermont • ..,,....; ...... Virginia .. • • ^ . .. ,...... , • ...... Washington .. • ..«..• ....West Virginia .; • ...... • • • .. ..• '' Wisconsin • .. • • .. • ...... Wyoming • . District of >...... ' ;ColumbIa ...... Puerto Rico 2 40 6 1 2 4 or 2 10 2 15 0 4 5 2 6,3 Total (T^

88 THE BOOK OF THE STATES RECORD OF PASSAGE OF UNIFORM AND MODEL ACTS—Concluded. ' • As of November 15, 1959

-MODEL ACTS—Conli»ued- 9 / o E' 1^ II E ex •II - If 5 ^1 •Ov o ? :2 3 c. :S ft;- il =E ' -s ~ S •* c S 3 hi "^ .2 V§ a, (J^° „ ta • O -5 '^ 5^ ^ .=? II a E««i Stale or other H 3 It •3^ E O jurisdiction^/ kl ^ rut ' *^ ft, R,- I IF li k. Alabama.. ir Alaska.. • • • Arizona ^ir Arkansas -k California ...... * ,. • • . • . • ••'•;. • • •• Colorado ...... Connecticut .. .. • • • •. Delaware...... • • Florida...... t^ ...... , .. Georgia. •,...... , ...... A> Hawaii...... y ,. ;. T. .. >-k Idaho...... '...... = ..-.. .." ...... Illinois.. • Indiana., ibwa Kansas .. .. • • if Kentucky.; Louisiana Maine. '. -k Marylsnd...; .i .. .. * Massachusetts. Michifian... • Minnesota Mississippi -k •.

Missouri .. .. * !?•- Montana k • • • • Nebraska .. k .... Nevada. New Hampshire .... •*• New Jersey..- .-. .. New Mexico.... New York North Carolina. North Dakota.. Ohio Oklahoma.. eTregon...... Pennsylvania'.. Rhode Island. . South Carolina. ^ South Dakota.. • ,,•••• Tennessee k - •• •• •*• •• ..•.••• •• •• Texas ...... k- •• * Utah ...... '.-...... Vermont...... k • • • • • • k •• •• .k •• • Virftlnia. Washiniiton West Virftlnia.. Wisconsin k • • k. k • • Wyoming...... ; k District of ,ir Columbia...... A. .. i .. Puerto Rico .. Total. 0 1 0 0 IS 0 1 1 0 0 ./T-

SUGGESTED STATE LEGISLAtlON PROGRAMS TOR 1959-19^0

• ^•^ HE Committee of State Officials on are developed, the committee develops Suggested State Legislation of the drafts of suggested, legisliition reflecting TCouncilof State Governments (for- what are regarded .as, superior practices, limerly called the Drafting Committee) was and based on the knowledge of experts. created in 1940 to develop emergency de­ Thus all states, in considering the drafts, fense legislation for suggested state enact­ can weigh the experience of others as, ment. During World War II the commit­ evaluated by the committee. tee prepared suggested state legislation For example, recent experience has in­ to facilitate state-federal cooperation in dicated that many types of mental illness the war effort. More recently, it has been can be treated most efficiently.and effec­ concerned with a great variety of subjects, tively through community mental-health during an era of growing demands'for facilities. To assist states considering tlVe services in^increasingly complicated fields. establishment of. such programs, a pro­ As from the beginning, it'nas continued" posal with draft legislation on com­ to work closely with the National Confer- munity mental-health programs was in­ . ence of Commissioners on Uniform State cluded in the committee's report. Sug­ Laws. gested State -Legidation, Program for The committee is composed of state 1959. -^ > : . legislators, Attorneys General or their The increased p^eacetime use of radio­ deputies, members of commissions on in­ active material hajB-- intensified existing terstate cooperation, uniform law com­ problems and created new ones in the missioners, legislative service personnel administration of state programs; a pro­ and otlier .state officials. Harririgton posal on workmen's compensation cover­ Adams, Deputy Attorney General of age in the light of radiation hazards is Pennsylvania, a member of the committee included in the Prog-ram for 1960. Fre­ since its formation, is Chairfeian. The staff quently the effectiveness of a program in of the Council of State Goyernmehts which thelederal government'is engaged serves as its secretariat. , can be increased through state coopera- Advisory and technical services are pro­ tionj or new federal legislation may look, vided by various federal agencies, by legis­ to state action by states which wish to lative ,bill drafting experts at university participate. A Suggested State Boat Act in law schools, by. representatives of associa­ the Program for^1259 provides for the tions of state officials and public service establishment^f state licensing of small organizati6ns; and by a number 6f others. boats that will be accepted by the U.S. Joint planning meetings are held with ap­ Coast Guard if certain standards are met. propriate committees of the National Proposals for consideration of the com­ Conference of Commissioners on Uniform- mittee are received froni individual state State Laws, and cooperative relationships officials and organizations of state officials, are maintained with many other groups. from state agencies and legislative com­ For particularly difficult drafting prob­ mittees, and from professional and public lems*, subcommittees of die Committee on service associations. The United States Suggested State Legislation are frequently Bureau of the Budget, acting in a liaison appointed, and work with consulting as­ capacity with the committee, gadiers to­ sistance from among the various groups gether various proposals which federal mentioned above. agencies wish to call to the attention of As changing conditions place new de- the states. njands on state government and create Proposals finally approved by the com­ new problems, or as improved techniques mittee, follo\\jing detailed consideration, 89 90 THE BOOK OF THE STATES are included in its annual Programs of Suggested State Legislation, vmich are 1959 PROGRAM . printed and widely distributed among the- Among the most important proposals states. Each of these usually consists of in the 1959 program are a group dealing three sections: one containing proposals with atomic energy radiation. Specific in the form ojf draft legislation; another statutes suggested, or statements qf sug­ carrying statements that deal with rnatters gested approaches to legislation for the of interest to the states generally, but regulation and development of atomic without draft bills; and a final section de­ energyi relate to a nufeiber of subjects. A voted to new acts promulgated by the revision of a previous proposal—which National Conference of Commissioners suggested providing the -Governor with on Uniform State Laws. an atomic coordinator and a small ad­ The program prepared for the 1959 visory staff concerned with the develop­ legislative sessions includes twenty-four ment, use and regulation of atomic energy proposals in such widely varying areas as —would authorize an atomic energy ad­ the regulation and development of visory board or committee to advise the atomic energy, regulation of pleaisure Governor and coordinator on technical boats, mental health, highway law, nii- policy and related matters. Additional gratory farm labor, judicial administra­ subjects dealt with iii this group include tion and criminal control. In addition, major elements of desirable state radia- five new proposed uniform or mbdelacts tipn-protectioh regulktiori, public liabil­ , .1 ' and aniendments to four others, pi-omul- • ity of state and local licensees for atomic , gated in 1958 by the National Conference incidents, and special training for state of Commissioners on Uniform State Laws, and local personnel whose responsibilities were presented fo^ the information of the are. affected by the uses of atoinic enefgy. states. Legislation is suggested that would ban . The committee's 1960 program in­ the use of shoe-fitting x-ray fluoroScopes. cludes a series of ten proposals reflecting Another series of proposals relates to the impact of radiation hazards on work- continuity of state and local governinents men'si^ompensation coverage. Other pro-. in event of enemy attack on the Uriited posals relate to residency requirements for States. These suggested measures were de­ • public assistance, activities of so-called signed to help insure that state-local gov­ "degree mills,"5tate records managenient, ernments will, be able to function after, new residents' automobile licenses, state such an attack. They would provide for regulation of recreational facilities,-vari­ prior selection of interim successors for ous characteristics of buildings near air­ state and local executive and judicial of­ ports, humane-slaughter 6f animarls,. the ficials and legislators. They also would . training of municipal police officers-and permit local governments and the state the littering of public waters. Three new government. to operate from emergency proposed uniform or model acts, promul­ locations. i? gated by the Uniform Law Commission; The Suggested State Boat Act already ••; ers in 1959, are also presented for the| referred to represents a significant (exam­ states'information.^ \ • ple of federal-state cooperative develop­ Selected items of theJ959 and 1960 pror ! ment of legislation, for coordination of ef­ grams are summarized in this article, and "i forts in a field involving the interests of • an accompanying table'presents a general both levels of government. The staff of lining by major subjects of the bills and the House Committee on Merchant Ma­ statements included in the committee's rine and Fisheries ^nd the Committee of reports for those years. State Officials on Suggested State Legisla­ tion pooled their resources for this pur­ pose. As a result they produced a draft of ^Fofdetails see Suggested Slate Legislation, Pro­ federal legislation vmi^i^ii^ras subsequently gram for J939 and Suggested State Legislation, Program for i960. Also Index to Suggested State adopted, with some ametidments, ancl^in Legislation: Programs for 1945-1957. The Council accompanying proposal for relevant state ^ of State Governments, Chicago. legislation that meshes with it: ' LEGISLATURES AND LEGISLATION 91 / A suggested act dealing with legislative the isame or similar work. Three state­ / jurisdiction over federal lands within the ments deal with discrimination in em­ / states provides for the transfer of such ployment because of age, the/regulation / jurisdiction from or to a state; it estabr of employment agencies, and problems of :/ lishes the necessary conditions for the migratory farm labor. / transfers and for the exercise of jurisdic- / tion thereafter. 1960 PROGRAM / Several proposals deal with prevention Among suggestions in tlie committee's / of crime aha^>yith judicial procedure. program for 1960 are a series concerning One, designed especially to cope with adjustments needed in state workmen's shoplifters, would authorize arre§t for a compensation coverage provisions to re-** misdemeanor without a warrant when an fleet the use of radioactive materials. In­ officer has reasonable grounds to believe cluded, among ten specific proposals, are > ':, . tiiat the person to be arrested committed recommendations that all workmen's com­ • •i'/: the misdemeanoi". Another spells out a pensation laws be made compulsory and specific procedure to assure the right to that they apply to all employers in radia­ a speedy and public trial. Two proposals tion industries, regardless ot the number are designed to reduce the incidence of of employees, to.assure full coverage for bigamy: one would require submission of workers. Because of the special hazards proof of termination of-iprevious mar­ and seriousness of radiation injuries, arid riage, and would provide a central mar- because of certain unique features in­ • riage recordsr bureau in each enacting volved, such as delayed manifestation of state; the other would permit prosecu­ injuries, the projDOsals recommend that all tions in jurisdictions where an offender waivers be prohibited, diat full coverage is living or is apprehended, as well as be provided for occupational diseases, wvhere the bigamous marriage was con­ that the time limit for filing claims in oc­ tracted. cupational disease cases be extended, that There are two proposals in the field of full medical payments be provided for, consumer protection. One is designed to and that the workmen's. compensation avoid tonfusion in advertising by savings agency be given authority to supervise and loan associations as to the insurance medical care and pay special benefits dur­ of share accounts by a federal agency and ing rehabilitation and retraining. by a^private firm. The other would protect To cope with the problem of, degrees deposits made with building contractors in education issued by fraudulent insti­ and others receiving advance funds, and tutions, legislation is suggested that , would prohibit issuance of completion \VOuld require schools offering degrees to certificates until all reqiJired. work is ac­ meet certain standards. A summary of a tually completed. , report of the Governors' Conference Spe^., Highway and motor vehicle proposals cial Committee on Residence Require­ . include a suggested act that would regu-. ments for Public Assistance is accom­ late tlie transportation of, explosives, panied by a draft of an Interstate Welfare gases, flammable liquids and solids, radio­ Compact developed by that committee; active substances and other daiigerpus the compact was drafted to enable states, : materials. A number of statements in the- on a cooperative basis, to provide general , report suggest alternative approaches to assistance to all needy persons regardless legislation, or principles offered' for con- of existing residence or settlement re­ - sideration in drafting legislation, on regu­ quirements. A Records Management Act lation of billboards, condemnation of is presented, as a guide to states, consider­ property for highway purposes, express­ ing action to assure efficient and econom­ way law, and acquisition of land.for fu­ ical management of state and local rec­ ture highway use. r- . ords, ff . Material on labor includes a suggestion . Under another proposal, private em­ \ __designed to prevent discriminatory wage ployment agencies would be prohibited t, rates by requiring equal pay for men and frpm^' engaging in certain undesirable I women hired by the same employer for practices, such as misrepresenting jol?s, .1 ^ 92 THE BOOK OF THE STATES splitting fees or charging fees other than to making adequate training available for for placement; the agencies also would be law enforcement officers arqpdescribed in required to obtain licenses and file bonds a statement, and this is accompanied by with an appropriate state agency. In lihe suggested legislation that would enable with puDiic . concern .over out-dated a state^to require such training as a quali­ slaughtering methods involving needless fication for promotion or appointment of cruelty ta livestock,.a sugigested state hu- . municipal police officers. Existing statutes mane slaughter act, conforming in.gen-, to prevent littering of public areas fre­ eral to a new federal law, is presented. quently do not refer specifically to litter­ Two other proposals would authorize ing of public waters. This has become a states to regulate recreational facilities growing problem because of the marked and to regulate tlie height, location and increase in the use of small boats. A.state­ other characteristKfs of buildings near air­ ment in the 1960 program deals with this ports where adequate locaF regulation is matter and drafting problems likely to be- lacking. A number of different approaches cncountered in meeting it. ,

••'•• ^.,

(P'..

•- -A.'

r-'

I e-

\.

r-

(gtft \0^^ LEGISLATURES AND LEGISLATION 93 • ^r--

PROPOSALS OF THE COMMITTEE ON SUGGESTEID STATE LEGISLATION PR0GRA;

(1959 proposals are in roman; 1960 proposals are in italics) (Some titUs are a bbreviatcfl)

AriTolnc^ENERc ENERGG Y AND RADIATION ,r~- Atomic Energy and Radiation, varied asipect s (C) Reciprocal Arrangements'for (A) Atomic Energy aind the States Extraterritorial Coverage (B) Coordiniation of Atomic Developn: cnt (D) Waivers PrQ;}iibited (C) Radiation Protection •(E) Full Coverage of Occupational Diseases (D) Shoe-Fitting X-Ray Fluoroscopes Time Limit'for Piling Claim in (E) Workmen's Compensation Laws aVid Occtipational Disease Cases Based on Date " Radiation Injury Coverage of Worker's Knowledge and Date of (F) Public Liability of State and Loca Disablement Licensees for Atomic Incidents (G) Unlitnitcd Medical Bencfils. Workmen's Compensation in Light of (H) Authority for Workmen's Compensation Radiation Hazards • Agency to Supervise Medical Care (A) Compulsory Laws (l) Broad Type Coverage Second or, (B) No Numerical Exemption : Subsequent Injury Fxinds ' (J) Maintenance Benefits During ''Rehabilitation

BiJSINESS RECyLATION Advance Fee Promotion of Business 6 Equal Pay for Women ' " Opportunities or Real Estate* \ ' /• Food, Drug and Cosmetic Act Amendments Advertising of Insurance by Savings anq Loan 8. Labeh'ng and .Advertising of Alcoholic • Associations Beverages . . . . Deposits Received for Purchase, Constriiction 9. Regulation of Private Employment Agencies or Repair of Buildiiigs and Structures 10. Regulation of Jiecreational Facilities Discrimination in Employment Becausel of 11. State Humane Slaughter Act r Age* ^. ,.... . : • 12. State Seed I.aw Degree Mills ; I 13. \'ending of Foods and Beverages*

C0NSERV.\TI0fl AND NATI-'RAL RESOURCES 1. Damages for Trespass on Lands with Tree; a:nd S.Jurisdiction over Offshore Waters and Other Forest Products - Submerged Lands 2. Litter Prevention on Public Waters* < 4i State Administration of Water Resources* <.

GOVERNMIINTAL ADMINISTR.\TT0N Continuity of Government (E) Constitutional Amendment—Authorizing (A) Emergency Interim Executive and Judicial ' Legislatures to Provide for Continuity of . Succession Government • (B) Emergency Interim Legislative Succession. Legislative Jurisdiction over Federal Lands, fs (C) Emergency Location of Government! for t^itiiin the States ' . - 1 State Political Subdivisions •3. Recommendations of the Joint Federal-State. (D) Emergency Location of State Govcrnjnent Action Coniniittec**» ' >": 4. Records Management

HE.\LTH AND WELFARE 1. Air Pollution Control*, 4. Migratory Farm Labor* 2. Community ISlental Health Programs a. Residence Requirements for Publie Assistance. 3. Interstate Welfare Compact 6. Sewage.Disposal from Boats •Indicates statement only, no suggested Idgislalion carried. 94 THE BOOK OF THE STATES

PROPOSALS OF THE COMMITTEE OiN SUGGESTED STATE LEGISLATION PROGRAMS FOR 1959 AND 1960-Continued (1959 proposals are in roijian; 1960 proposals are in italics) (Some titles are abbreviated) '

HIGHWAYS AND MOTOR VEHICLES '•':.;,"• 1. Acquisition of Land for Future Highway Use 4. New Residents' and NonresidetHs' Motor 2. CondemnatiKTn of Property for Highway Vehicle Registration ", Purposes* " , / ' a. Regulation of Billboards* 3. Expressway Law* . . / 6. Transportation by Motor Vehicle of Certain Dangerous Materials

LAW ENFORCEMENT, CRIME CONTROL AND CO'L'RTS 1,, Arrest without a Warrant • . 5, .Speedy Trial 2i Bigamy 6. Standard Family Court Act and Standard Marriage Licenses and Records. Juvenile Court Act* ,. * The Crime of Bigamy 7.^Trianscripts of Court Record for Indigent i. Municipal Police Training Act (Prisoners in Appellate Proceedings* . 4. Prohibition, of Certain Dangerous Knives—as ' Amended r--' f

ij.-*. MlSCELLANi6uS f^ 1. Dangerous Excavations and Abandoned 3. State Boat Act Articles > 4. Urban Rene\yal—Community Facilities— 2. Regulation of the Height, Location and other Instirance of Housing Mortgages* / Characteristics of Buildings near Airports e^-. / • UNIFORM .LAWSf. • G 1. Amendments to Uniform Narcotic Drug Act 8. Uniform Estate Tax Apportionment Act <- (as Amended) ' • ', , i^ 9. Uniform Facsimile Signatures of Public 2. Amendment of Uniform Principal and Income Oifficials Act Act • 10. Uniform Mandatory Disposition of Detainers 3. Amendments to Uniform Securities Act - • 'Act i. Model Defender Act 11. Uniform Perpetuation of Testimony Act 5: Model Foreign Bank Loan Act 12i Uniform Reciprocal Enforcement of Support 6! Model Water Use. Act :•": Act (as Amended in 1958) 7. Uhiforjcn Act for Simplification of Fiduciary Security Transfers <•

.1 •Indicates statement only, no suggested legislation carried. , " f As promulgated by the. National Conference of Commissioners on Uniform StateLaws.

,r\'-'

e-. LEGISLATURES AND LEGISLATION '95 r.

IT^. COMMITTEE OF STATE OFFICIALS ON SUGGESTED STATE LEGISLATION OF THE COUNCIL OF STATE GOVERNMENTS . 1959-60 HARRINGTON ADAMS, Cfta/rmarj Deputy Attorney General (Pennsylvaiiia)

Representing the Council of State Governments HAROLD AGNEW (New Mexico) SAM M. LEVINE (Arkansas)* Member of Senate _ ' Member of Senate MILTON ALPERT (New York)' LLOYD W: LOWREY (California)* . Assistant Attorney General Member of Assembly ^ "FORREST H. ANDERSON (Montana) EpWARD J. MCCAFFREY (Illinois) Attorney General Legislative Reference Bureau : NORMAN BARLOW (Wyoming)* SAMUEL G. MCQUEEN (Indiana)t'^ Meniber of Senate i'' ' Member of Senate .. ELISHA/TT. BARRETT (NfW York)t L. G. MERRITF (South Carolina)* ^iembei• of Senate '( Director, Legislative Council JAMES M. BULLARD (Oklahpma)* STANFORD MORSE, JR. (Mississippi)* Member, Hoiise of Representatives Member of Senate . ppNALD P. DUNKLEE., (Colorado)* JoHNt R. MURPHY (Minnesota)* Member of Senate .. • Assistapt Atto^ey Gieneral MARJORIE D. (FARMER (Connecticut)* •G. EMERSON ^iuRRY i(North Dakota) Member, House of Representatives Dir., Legislative Research Com. CARL M.FRASUIE'(West Virginia)f RALPH A. NAUMAN (South Dakota)* University of West Virginia Member, House of Representatives SYLVAN FRIEDMAN (Louisiana)* ~~ HASKELL L. NICHOLS (Michigan)* . Member of Senate Member of Senate ' DAVID D. FURMAN (New Jersey) WALTER J/PEARSON (O^iegon)* Attorney General President of Sena:te ''\: HAROLD C, Qiss (Arizona)* JACK W. RODGERS' (Nebraska) Member of Senate Dir. of'Research, Legislative Coun. FREII E, . GuLicK (Kansas) *' . GORDON SANDISON (VVashington)* Assistant Revisor of Statutes Member of Senate * ORVAL HAFEN (Utah)* SAMUEL H, SLOS^ERG (Maine)' Meniber of Senate Dir., Legislative Research Committee E, Br HALTOM, JR.'^Alabania) GEORGE'L. SMITH II (Georgia)* Member of Senate / > Speaker, House of Representatives CtiARLES TOM HENDERSON (Florida)-j- J. E. SPRINGMEYER (Nevada)* Assistant Attorney General Legislative Counsel PAUL A, JOHNSTON (j^orth Carolina) Directori Dept. of Administration W, C, STUART (Iowa)* SAM KAUf^jMAN, JR. (Idaho) . Member of Senate. £?• Member, Hou?6 of Representatives WILLIAM W- WARD (Wisconsin)* FRANK W. KING (Ohio) Member, House of Representatives Member of Senate ^Representing the National Conference of Commissioners on Unifdrih State Laws . JOHN B. EoATWRiGHT, JR. (Virginia) L. SMITH DUNNACK (Maine) ALFRED A. BUERGER (New York) M. KING HILL, JR. (Maryland) SIDNEY CLIFFORD (Rhode Island) BROCKET*BROUGH LAMB, JR. , (Virginia) LowRY N. COE (District of Columbia) EDWARD L. SCHWARTZ (Massachusetts)* WiLLouGHBY A, COLBY (New Hampshire)* R. JASPER- SMITH (Missouri) HE.NRY P. TiitpifAS (Virginia) •Member or Secretary, Comnilssion on Interstate Cooperation, j Chairman, Commission on Interstate Cooperation.

€?5>