Section II LEGISLATURES and LEGISLATION 1. Legislative
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I . s . ^ • -• -y- ;•,.-. • ; ,. ; -, /,. •,;.-.^ •• .. ^ "'• " '-"t- Section II LEGISLATURES 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 Nebraska 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- Alaska and Hawaii, 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 legislature 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 lower house 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 Nebraska legislature 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-two members. 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 Committee, 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 committees 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.