CHAPTER TWO STATE EXECUTIVE BRANCH THE GOVERNORS, 1990-91
By Thad L. Beyle
The past two years have been tumultuous most volatile contests of the period, Roemer for the governors of the 50 states. There were fell behind former Democratic Gov. Edwin elections in 39 of the states, and most juris Edwards and Republican state Sen. David dictions were suffering through some of the Duke in Louisiana's unique open primary. In worst budgetary problems in modern memory. cumbents who lost in the general elections The budget decisions they faced included both were first-term Govs. Bob Martinez (R-Flori raising taxes and cutting services because of da), Mike Hayden (D-Kansas), Ray Mabus the recession's impact on state revenues. As (D-Mississippi), and Kay Orr (R-Nebraska); a result, governors who won at the polls in two-term Gov. James Blanchard (D-Michi November typically found themselves losing gan); and multi-term Govs. Rudy Perpich in the public opinion polls by the end of their (DFL-Minnesota) and Edward DiPrete (R first year in office. Some governors, whose Rhode Island). popularity ratings were low, took themselves In the 312 gubernatorial elections held be out of politics by deciding not to seek re tween 1970 and 1991, incumbents were eligi election. Several others were beaten in their ble to seek another term in 243 (or 78 percent) attempts to seek another term. of the contests; 180 eligible incumbents sought re-election (74 percent) and 131 of them suc Gubernatorial Elections ceeded (73 percent). But there was still con siderable turnover in the governorships over Thirty-nine governorships were contested the period as 181 of the 312 incumbents (58 and decided by the elections of 1990 and 1991. percent) did not receive another term: 69 were In 35 states, incumbents were eligible to seek constitutionally ineligible for re-election (38 re-election, and of those 25 incumbents or 71 percent), 63 decided not to seek another term percent did run. Seventeen were successful (68 (35 percent), and 49 were defeated in their percent). The winning incumbents, all in 1990, bids for another term (27 percent).l were Guy Hunt (R-Alabama), Bill Clinton (D Breaking these elections into blocks of four Arkansas), Roy Romer (D-Colorado), John beginning with the 1972 elections, we find Waihee (D-Hawaii), Cecil Andrus (D-Idaho), only slight variations in these figures and per Terry Branstad (R-Iowa), John McKernan, Jr. centages, largely because several states have (R-Maine), William Donald Schaefer (D-Mary their gubernatorial term limits expire in the land), Bob Miller (D-Nevada), Judd Gregg same election year. Comparing the 1990-1991 (R-New Hampshire), Mario Cuomo (D-New elections with those conducted between 1970 York), Robert Casey (D-Pennsylvania), Car and 1989, we find that more incumbents than roll Campbell (R-South Carolina), George ever were eligible for re-election (90 percent Mickelson (R-South Dakota), Ned McWherter vs. 76 percent); however, incumbents seeking (D-Tennessee), Tommy Thompson (R-Wiscon another term were slightly less successful (68 sin), and Mike Sullivan (D-Wyoming). percent vs. 74 percent).2 Of the eight unsuccessful incumbents seek But there is another measure of determin ing re-election, all but one lost their bid in the ing just how many governors have served in general election. The one incumbent losing in a primary was Buddy Roemer, Democrat Thad L. Beyle is a professor of political science, turned Republican of Louisiana. In one of the The University of North Carolina at Chapel Hill.
30 The Book of the States 1992-93 GOVERNORS the states. By looking at the number of new elected as an Independent in 1974. Both previ governors taking office over a decade, we find ously had run statewide and had served in of there has been a gradual decline. In the 1800- fice, Hickel as governor (1966-1969) and 1809 decade, there was an average of 3.3 new Weicker as U.S. Senator (1971-1989), and both governors in the then-17 states; by the 1870s, were former Republicans turned Independent the average had reached 4.2 new governors for to win the governorship. While Hickel essen the 37 states. By the 1950s, this average had tially retained his Republican ties in staffing dropped to 2.3 new governors in the 48 states; his administration, Weicker took a bipartisan by the decade of the 1970s, it was 1.9; and in approach to his. 5 the 1980s, it had dropped to a low of 1.1 new Several trends are apparent in the route governors per state over the decade. 3 these new governors took to the office. The The impact of changing term limit restric most consistent pattern is that of individuals tions is clear. While adopted to allow more who had previously run statewide and held stability and continuity in the governor's office. Among the 15 who had such political office, the changes have actually reduced the experience (68 percent) were four former number of people who become governor. governors, including Hickel, Edwin Edwards Since the 1950s, the number of states allow (D) of Louisiana, Bruce King (D) of New ing unlimited terms has dropped from 29 to Mexico, and Richard Snelling (R) of Ver 21; however, the number of states providing mont; and three former or current U.S. sena their governors with four-year terms has risen tors, Weicker, Pete Wilson (R) in California, from 27 to 47. Clearly, longer terms for gover and Lawton Chiles (D) in Florida. nors is having an effect on the number of in Others who had statewide electoral experi 4 dividuals who can serve as governors. ence included two lieutenant governors - In 1990-1991,21 incumbent governors left Brereton Jones (D) of Kentucky and Zell Miller office with a combined total of 136 years of (D) of Georgia; two secretaries of state - service to the states. Among them were James James Edgar (R) of Illinois and Barbara Rob Thompson (R-Illinois, 1977-1991) who, with erts (D) of Oregon; two state treasurers - 14 years of service, was the dean of the incum Joan Finney (D) of Kansas and Ann Richards bent governors; Michael Dukakis (D-Massa (D) of Texas; one state auditor - Arne Carl chusetts, 1975-1979, 1983-1991), with 12 years; son (R) of Minnesota; and one former state and William O'Neill (D-Connecticut, 1980- insurance commissioner - Ben Nelson (D) 1991) with 11. Six other governors had served of Nebraska. Another new governor, Bruce for eight years, two had served for six, and Sundlun (D) of Rhode Island, after twice try nine had served only a single four-year term. ing to win the governorship, finally unseated Rose Mofford (D-Arizona, 1988-1991) served the incumbent in the 1990 election. out the remaining portion of impeached Gov. Another pattern is that ofthe outsider can Evan Mecham's term, and then some, as the didate who starts at the top of the ticket and state needed a February 1991 runoff general wins. Included in this category are Sundlun, election to select her successor - no candi Fife Symington (R) of Arizona, David Walters date had received over 50 percent of the vote (D) of Oklahoma, and Kirk Fordice (R) of in the November 1990 election. Mississippi. The three remaining "last step" positions varied considerably from former The New Governors U.S. Attorney William Weld (R) of Massachu The partisan division among the 22 newly setts, to state Sen. John Engler (R) of Michi elected governors was close, with 11 Demo gan, to Cleveland Mayor George Voinovich crats and nine Republicans among them. Two (R) of Ohio. Independent party candidates were elected: Looking at the most recent four-year cycle Walter Hickel in Alaska and Lowell Weicker of gubernatorial elections (1988-1991) and in Connecticut, the first elected to the office where the new governors came from reveals since James Longley (I-Maine, 1975-1979) was a much more constricted path to the office
The Council of State Governments 31 GOVERNORS than was true in the past. Of the 28 new gover The overall partisan affiliation of the 1990- nors elected over the four-year period, 13 1991 gubernatorial election winners was 21 came from statewide elective positions (46 Democrats, 16 RepUblicans, and two Indepen percent) or federal elective positions (18 per dents. This changed the partisan alignment in cent) or had no prior public office experience governors' chairs to 26 Democrats, 22 Repub and were outsiders seeking to start at the top licans and two Independents, thus continuing (21 percent). Only two came out of the state the trend of slightly rising Republican strength legislature (7 percent) and one from a local and slightly declining Democratic strength elective position (4 percent). In this day of among the governors. However, governors of media politics, old state career ladder patterns 30 of these states face legislatures with one or are shifting toward those who have already both houses controlled by the opposite party. commanded media attention or toward those Split ticket voting continues to be alive and who can pay to gain media attention.6 well in the states. One incumbent governor, Richard Snelling There are now 47 males and three females of Vermont, died in office in 1991. Snelling, in the 50 state gubernatorial chairs. Their self who had been re-elected to his fifth two-year designated professions include 28 lawyers; term in 1990, had served as Vermont's gover eight from business; four "public officials"; nor between 1977 and 1985 and had served as three educators; three farmer-ranchers; one the 1981-1982 chairman of the National Gov journalist/broadcaster; one physician; one ernors' Association (NGA), where his focus engineer; and an economist. to was on "improving the federal system:,7 He was the first governor to die in office since Paths to the Governorshipll Hugh Gallen (D-New Hampshire, 1979-1982).8 Gallen's death occurred in the midst of a As already noted, changes continue in the gubernatorial transition period, leading to a political career patterns of those who become series of acting governors and some rather governor. In this section, we will look at all bizarre politics. 9 governors serving during a certain period, not Among those who were unsuccessful in just the newly-elected ones. Looking only at their bid for the governorship were six former the last office held by an individual before governors, making the success ratio for former first being elected governor, we can see the governors 40 percent (four of 10 seeking the increasing importance of holding statewide, office). Four lieutenant governors were unsuc state-level offices. Between 1900 and 1949, cessful in their races, making the success ratio nearly one in five used these offices as their for that office 33 percent (two of six), while last step to becoming governor; for those all seven attorneys general lost their bids. governors serving in 1992, it is two in five. The State legislators were notably unsuccessful, as ratio of those who have moved from a legis only one of the 32 seeking the office won. lative position has remained relatively stable Even two strong speakers of their state houses, slightly less than one in five in both time Don Avenson (D) in Iowa and Tom Loftus (D) periods. in Wisconsin, lost. The importance of holding federal elective In similar fashion, none of the five incum office also has increased, from around one in bent congressmen or the three former con 10 in the first half of this century to nearly one gressmen won; but, as has already been noted, in five among current governors. Locally three of the new governors had U.S. senatorial elected officials still find it difficult to move experience. This decline in congressional wins on to the governorship, as they have averaged contrasts with the last few election periods around one in 15 in both periods. Finally, when the office was a stepping stone to the those who had held no previous elective po governorship. In 1986-1987, three new gover sition also increased from about one in 12 nors were congressmen, and in 1988-1989, two during the 1900-1949 period to one in seven moved over from the Congress. among current governors.
32 The Book of the States 1992-93 GOVERNORS
The message from all of this is that the 1986 is reduced by nearly $79 million to nearly paths to the governorship are becoming more $231 million (for an average of $6.8 million restrictive than in the past, some long-time for the other 34 races). The increase of slightly paths are declining in use or fruitfulness, and under $11 million (4.7 percent), over the four those who can afford to start at the top are year period, or an average $.3 million per elec becoming more of a factor. tion, is not a great escalation in cost. Actual ly, since inflation increased by 19 percent over Cost of Gubernatorial Elections the four-year period, it represents a decrease in costs. 12 Tables A and B present data on the costs of But there are still some expensive races in the most recent gubernatorial elections across the states, especially with highly contested the 50 states. Table A shows the cost of the primaries in which several strong candidates most recent gubernatorial campaigns for each are vying for an open seat; or with efforts to of the states in the actual dollars for the year unseat an incumbent; or when someone with involved. Table B presents the total cost of considerable money seeks the governorship. gubernatorial elections by year between 1977 The big money story in this two-year period and 1991, normalized to 1991 dollars. Since can be found in the five 1990 races in which 1981, we have been able to compare the costs 12 candidates spent more than $7 million each of each year's elections with those four years in actual dollars. Six of them won, and six lost earlier in the same states. In six of these com - two in their party's primary - so it is clear parisons, the elections have cost more, rang that money cannot buy every election. One ing from an increase of 129 percent between other candidate, incumbent Gov. Robert Casey the 1985 and 1989 elections to only 4 percent (D-Pennsylvania), spent over $7 million in between the 1980 and 1984 elections. In five 1990 - 82 percent of all campaign monies of these comparisons, the elections have cost spent in the race - and he won with 68 per less, with three of these in the last five guber cent of the vote. natorial election years. In California, winner Pete Wilson (R) spent However, the overall costs of gubernatorial $25.2 million in actual dollars compared to the campaigns continue to rise, although these $20 million spent by losing candidate Diane figures are skewed upward because of several Feinstein (D); John Van de Kamp (D) spent expensive gubernatorial races in the past few $7 million in his unsuccessful bid for the party years. Candidate expenditures in only four nomination. In Texas, winner Ann Richards states (in 1991 dollars) - New Jersey ($28.5 (D) spent $11.5 million compared to the $19.4 million) and Virginia ($23.7 million) in 1989; million spent by losing candidate Clayton and California ($55 million) and Texas ($52.3 Williams (R); Jim Mattox (D) spent $9.6 mil million) in 1990 - had much to do with these lion in his unsuccessful bid for the party sharp rises. An open seat was involved in each nomination. In total, these were the two most instance, and the costs had escalated greatly expensive gubernatorial races recorded to over the last election in each state: New Jer date, both races were for open seats, and both sey by 260 percent; Virginia by 212 percent; races were decided by narrow margins - Cali California by 96 percent; and Texas by 24 fornia by three points, Texas by two. percent. The Illinois, Florida and Ohio races also In fact, if we delete from their respective were notable for having the two major party totals the 1990 California and Texas races and candidates spend considerable sums. In Il the two most expensive 1986 races (Texas at linois, winner Jim Edgar (R) and loser Neil $41.3 million and Florida at $39 million in Hartigan (D) each spent more than $11 million 1991 dollars), the overall spending in 1990 is in actual dollars on their races. In Ohio, win reduced by nearly $104 million to $241.8 mil ner George Voinovich (R) and loser Anthony lion (for an average cost of $7.1 million for the Celebrezze (D) each spent around $8 million. other 34 states), and the overall spending in In both states, the contest was for an open
The Council of State Governments 33 GOVERNORS
Table A Costs of Gubernatorial Campaigns, Most Recent Elections
Total campaign expenditures (a) Winner All Cost per Percent 0/ Vote State Year W candidates vote (b) Spent all expenditures percentage Alabama 1990 R* $14,848,688 $11.92 $ 4,144,640 28 53 Alaska 1990 1# 6,200,682 35.32 1,181,565 19 39 Arizona 1990 R# 6,416,195 6.82 3,539,641 55 52 Arkansas 1990 D* 6,020,788 8.65 2,556,344 42 57 California 1990 R# 53,165,881 6.90 25,192,202 47 49
Colorado 1990 D* 1,248,652 1.27 1,028,787 82 64 Connecticut 1990 1# 7,581,885 6.64 2,734,127 36 41 Delaware 1988 R* 885,731 3.69 838,523 95 71 Florida 1990 D*** 25,086,370 7.14 7,755,190 31 57 Georgia 1990 D# 17,269,807 11.91 6,212,659 36 53
Hawaii 1990 D* 3,730,712 10.97 3,046,044 82 60 Idaho 1990 D* 1,351,152 4.23 1,062,792 79 68 Illinois 1990 R# 23,914,628 7.34 11,700,314 49 51 Indiana 1988 DN 8,239,770 3.85 3,820,016 46 53 Iowa 1990 R* 6,400,755 6.59 3,842,199 60 61
Kansas 1990 D*** 5,386,320 6.88 715,762 13 49 Kentucky 1991 DN 19,595,885 23.50 7,334,670 37 65 Louisiana 1991 D** 9,778,386 5.66 4,709,339 48 61 Maine 1990 R* 3,062,678 5.87 1,557,766 51 47 Maryland 1990 D* 2,679,446 2.41 2,516,072 94 60
Massachusetts 1990 R# 14,778,198 6.31 3,453,281 23 50 Michigan 1990 R*** 6,939,601 2.71 3,368,504 49 50 Minnesota 1990 R*** 8,209,957 4.62 1,557,368 19 51 Mississippi 1991 R*** 5,234,205 7.45 901,823 17 51 Missouri 1988 R* 4,292,387 2.08 3,510,484 82 64
Montana 1988 RN 3,225,864 8.% 1,128,901 35 53 Nebraska 1990 D*** 5,364,814 9.15 1,706,515 32 50 Nevada 1990 D* 1,994,430 6.38 1,322,478 66 66 New Hampshire 1990 R* 1,146,625 3.90 647,041 56 60 New Jersey 1989 D# 26,172,262 11.62 7,736,580 30 61
New Mexico 1990 DN 4,116,227 10.03 1,414,723 34 55 New York 1990 DN 6,936,791 1.69 5,419,031 78 54 North Carolina 1988 R* 11,275,235 5.17 6,338,185 56 56 North Dakota 1988 D* 673,000 2.25 435,000 65 60 Ohio 1990 R# 16,016,528 4.61 8,175,556 51 56
Oklahoma 1990 DN 9,225,182 10.21 2,651,478 29 57 Oregon 1990 DN 5,546,051 4.99 1,763,140 32 43 Pennsylvania 1990 D* 8,770,476 2.87 7,205,746 82 68 Rhode Island 1990 D*** 8,747,055 24.53 4,256,049 49 74 South Carolina 1990 R* 2,218,997 2.92 1,868,13l 84 69
South Dakota 1990 R* 1,271,841 4.95 925,451 73 59 Tennessee 1990 D* 1,788,592 2.26 1,587,804 89 61 Texas 1990 D 50,537,239 13.56 11,479,136 23 51 Utah 1988 R* 3,513,295 5.43 (c) 1,321,432 38 40 Vermont 1990 R# 737,051 3.61 447,478 61 52
Virginia 1989 D# 21,730,000 12.16 (c) 6,860,000 32 50 Washington 1988 D* 2,586,735 1.38 1,581,194 61 62 West Virginia 1988 D*** 8,533,441 13.14 4,589,009 54 59 Wisconsin 1990 R* 5,769,541 4.28 4,577,650 79 58 Wyoming 1990 D* 1,026,567 6.41 310,031 30 65
Election totals. 53 state gubernatorial elections: 1988 election totals 5D17R 50,929,199 54 1989 election totals 2D/OR 47,902,262 30 1990 election totals 19D/15R!21 345,506,402 51 1991 election totals 2D/IR 34,612,476 31 Total (53 states) 28D!23R12[ 51
Source: State campaign filing offices and others within the states. (a) Includes primaries and general elections; all figures are actual dol- Key: lars for the year involved. 0- Democrat (b) Determined by dividing total campaign expenditures by total general R - Republican election votes for the office. I - Independent (c) This figure differs from that which appeared in the 1990-91 edition * - Incumbent ran and won of The Book 0/ the States due to a typographical error. * * -Incumbent ran and lost in party primary * * * -Incumbent ran and lost in general election #I - Open seat
34 The Book of the States 1992-93 GOVERNORS
Table B Total Cost of Gubernatorial Elections: 1977-1991 (in thousands of dollars)
Tolal campaign costs Average cost per Percentage change in Year Number 0/ races Actual $ 1991 $' slate 1991 $' similar elections (a) 1977 2 9,118 20,353 $10,176 1978 36 99,733 (b) 206,915 5,748 1979 3 32,744 60,976 20,325 1980 13 35,551 58,376 4,490 1981 2 19,996 29,756 14,878 + 46% 1982 36 181,743 254,542 7,071 + 23'1, 1983 3 39,966 54,228 18,076 - 11117, 1984 13 46,830 60,977 4,691 + 4% 1985 2 18,142 22,791 11,396 - 23% 1986 36 270,383 (c) 333,395 9,261 + 31117. 1987 3 40,212 47,871 15,957 - 12% 1988 12 (d) 50,929 (c) 58,205 4,850 - 5% 1989 2 47,902 52,238 26,119 +129% 1990 36 345,506 357,297 9,925 + 7117, 1991 3 34,612 34,612 11,537 - 28'7,
Totals 202 1,258,898 1,652,532 8,181
*From annual average coLumn. "Historical Consumer Price Index for natonal Contests: Incumbents, Winners Hold Money Advantage!' CQ All Urban Consumers, (Cpr-U): U.S. city average, aU items! Bureau of weekly Report 37 (1979): 1757-1758. Labor Statistics, U.S. Department of Labor, CPI Delailed Report, Oc (c) This figure is greater than reported earlier due to receipt of later tober 1991, 7. and more complete reports from several states when collecting the 1990 (a) This represents the percent increase or decrease over the last bank data. of similar elections, i.e., 1977 vs. 1981, 1978 vs. 1982, 1979 vs. 1983, etc. (d) As of the 1986 election, Arkansas switched to a four-year term for (b) These figures represent the expenditures of the two major party can the governor. hence the drop from 13 to 12 races for this off year. didates only as reported in Rhodes Cook and Stacy West, "1978 Guber- seat. In Florida, challenger and winner Law in total expenditures over the period: Vermont ton Chiles (D) spent a little under $8 million ($.949 million), Delaware ($.896 million), and in unseating incumbent Gov. Bob Martinez North Dakota ($.730 million). (R), who spent $11.6 million. Only the Illinois In the 39 gubernatorial races in 1990-91, race was close (three points); Voinovich won there were at least 305 separate candidacies, by 12 points in Ohio and Chiles by 14 in as measured by those who filed campaign Florida. reports or received more than a trace of sup Over the 1977-1991 period, during which port at the ballot box. As noted earlier, many campaign data are available in all states, the of these candidates spent little or no money 10 most expensive seats (averages, in 1991 dol campaigning, and some spent little or no time lars) have been: Texas ($37 million), Califor campaigning. California, with 19 candidates, nia ($36 million), Louisiana ($22 million), and Texas, with 15, topped the states with Florida ($21 million), Kentucky ($20 million), crowded fields of candidates. In both states, New York ($20 million), New Jersey ($16 mil competitive primaries for the open seat, es lion), Illinois ($14 million), Virginia ($12.6 pecially among the Democrats, increased the million), and North Carolina ($12 million). number of participants. The most interesting All are either among the 10 largest states in candidates of this period were in Nevada, population or are southern states, and all but where one Rhinestone Cowboy spent nearly North Carolina hold their gubernatorial elec $1,200 in his bid for the Democratic nomina tions in non-presidential years, when these tion, and None of the Above garnered meas contests can garner more attention and funds. urable votes in both the primary and general The Illinois total would undoubtedly be elections. higher, except for the fact that one person, Jim Thompson, held the governorship through Gubernatorial Powers out most of that period and had the benefits of incumbency in his campaigns. Some interesting and significant activities Three less populous states still have guber have occurred in the states regarding guber natorial elections averaging under $1 million natorial powers. They include term limits, the
The Council of State Governments 35 GOVERNORS governor's veto, and budgetary and appoint another went to jail shortly after leaving ment powers. office. 16 Term limits In November 1990, California voters, by One of the maj or movements now afoot is a narrow margin (52 percent), adopted an over the question of whether to adopt state amendment limiting statewide elective offices constitutional amendments limiting the terms to two terms in anyone office, and legislators of elected officials. This movement was born to 12 years. However, in an oversight, the state partly of the frustration of challengers unable wide elected office of insurance commission to beat incumbents in primary and general er was not included in the language of the elections for most offices because of the name amendment, so the 1990 winner of that race recognition and money-raising advantages that John Garamendi, can serve as long as he and incumbency provides. Some reformers, main the voters agree he can.17 The California Su ly conservative Republicans, have decided to preme Court rejected (6-1) a bipartisan appeal beat the incumbents in the state constitutions of these limits by state legislators. The Court by reducing the number of terms or years any indicated these limits were a lifetime ban and specific individual can serve in office. 13 As their impact on the balance of powers in the the anti-government, anti-politician feeling state government was "unfathomable:' 18 grows, some voters are increasingly receptive The only governor in California's history to to the concept of term limitations. While we serve more than eight years was Earl Warren noted earlier the increasing tenure of gover (R, 1943-53), who resigned to accept appoint nors over this century, little of the rhetoric ment as Chief Justice of the U.S. Supreme and heat of these term-limitation campaigns Court under President Dwight Eisenhower appears aimed at the governors; rather it is (R, 1953-1961). Politics and the political am those serving in the legislative branches who bitions of those who have served in the gover appear to be the main targets. nor's chair have limited their terms. In 1990, on their general election ballots, Colorado also adopted term limits in 1990, three states proposed constitutional amend with 71 percent of the voters approving an ments that would limit the terms of their amendment limiting officials, including their elected officials, and all three passed. In Sep congressional delegation, to eight consecutive tember 1990, more than two-thirds of those years in office. Only two of Colorado's gover voting approved an amendment to the Okla nors have served a longer term than allowed homa Constitution limiting the tenure of their under the new term limits amendment: John statewide elected officials and state legisla Love (R, 1963-1973) and Richard Lamm (D, tors. The campaign themes centered on a de 1975-1987).19 sire to get rid of career politicians seeking "to In 1991, two states reversed the trend in perpetuate themselves in office by borrowing adopting term limits for their elected officials. on the public's trust ... the importance of Washington state voters confounded many government by "citizen" legislators, those observers and pollsters when they rejected by who serve for a time and then return to pri 54 percent a term limit initiative. Key to the vate life(and the belief) that fresh ideas would turnaround was the heavy lobbying effort flow from the more rapid turnover ... ,,14 against the amendment by members of the However, even without a term limitation state's congressional delegation, including amendment, there already had been great turn U.S. House Speaker Thomas Foley. They were over in the Oklahoma Legislature, an average able to rechannel voter anger and frustration of 30 percent in each of the previous four elec "away from politicians and toward the impact tion cycles. 15 Only two of Oklahoma's 22 of term limits ... that other states would governors had served more than four years in control the lives of the people in Washing office: George Nigh (D, 1979-1987) and Henry ton:,20 Two of the 16 Washington governors Bellmon(R, 1963-1967, 1987-1991). Two others have served longer terms than would have had been impeached after a short tenure, and been allowed had the initiative been approved:
36 The Book of the States 1992-93 GOVERNORS
Arthur Langlie (R, 1941-1945, 1949-1957) and Oklahoma Supreme Court ruled that the gov Daniel Evans (R, 1965-1977). Finally, in De ernor must veto bills violating the one-subject cember 1991, the Arizona Legislature let a term rule, thus upholding his vetoes of the subject limitation proposal die when it adjourned.21 matter. But the court argued that the appro Nevertheless, many states are still consider priation provisions did become law. This de ing the adoption of term limits, and there will cision overruled one from 1978, but the court be initiatives on state ballots for the voters to indicated its decision had prospective appli decide in the next few years. The fight has cation only.28 Veto problems in Alabama and been joined, however, so when the question Colorado concerned how they were filed. In arises there is now a plot line and argument Alabama, the state's Supreme Court decided to be used to combat the concept. that signed bills not filed with the secretary Gubernatorial Veto of state within the required time period were, In several states, conflicts have arisen be in effect, pocket vetoed. Realizing that this tween governors and legislatures over the ruling could cause "massive disruption of governor's veto. While most of these conflicts state government if applied to every law not appear technical in nature, they are political filed on time:' the court granted a rehearing in reality. and then modified the decision to make it prospective from October 1982, when its last A federal appeals court found Wisconsin's 29 gubernatorial partial veto to be "quirkY,' but pocket veto decision was made. not unconstitutional, in affirming the dis In Colorado, five of Governor Romer's missal of a suit by a lower court. 22 Two legis vetoes did not "stick" as he had neglected to lators sued the governor over his use of the send cover letters concerning the vetoes to the partial veto to veto "whole sections of spend secretary of state's office, even though they ing plans as well as individual sentences, were sent to the press and widely publicized. words, parts of words, single letters, digits, The governor asked the state's Supreme Court spaces and even the drafting symbols that to rule on the situation as the legislature, de appear in enrolled bills!'23 The court argued ciding the vetoes were invalid, had asked that that the veto did not make the governor a these laws be included in the session laws, "hereditary prince" or a "dictator,' nor was with notations. 30 the government becoming "monarchical" or In Maryland, the governor is now protected "aristocratic!' They suggested the legislature from civil suits in exercising veto power as this address this "modest shift of power" by giving is part of his or her "legislative function!' This voters the opportunity to ratify an amendment decision by the state's Court of Appeals indi adjusting the situation.24 The Wisconsin cated the governor was immune from civil lia Supreme Court previously had upheld the bility, agreeing with the argument of former partial veto. 25 Gov. Marvin Mandel in the suit. 31 Other conflicts were over process. In Min Finally, Gov. Weicker of Connecticut show nesota, the legislature won a suit with the ed how the veto power could be used to ob governor and voided 14 of Gov. Arne Carl tain what heretofore had been an impossible son's vetoes because he had exceeded the policy goal - instituting a personal income three-day limit for returning vetoed bills to the tax to balance that state's tax system and pro legislature. Carlson (R, 1991-) argued the vide the necessary funds for state government problem was the Democratic legislature's as programs. During the summer of 1991, the they "wouldn't leave their offices open be governor and the legislature battled over the yond normal working hours!'26 following year's budget. Three times, the leg Oklahoma legislators won their suit with islature proposed a budget without a person their governor, David Walter (0, 1991-) over al income tax, and each time, the governor violations of the constitutional "one-subject vetoed it even though parts of state govern rule" restriction in his vetoes of substantive ment would have to shut down. The legisla language in two appropriations bills.27 The ture was unable to override these vetoes as
The Council of State Governments 37 GOVERNORS there was considerable support for the tax. balanced budget proposals, but in keeping a Finally, the anti-tax coalition in the Senate budget in balance in the face of falling state lost three members, and the tax passed nar revenues and increased demands for services. rowly in bot? houses, needing the tie-breaking Budget management strategies and revenue vote of the lIeutenant governor presiding over enhancements (Le., more taxes) have been at the Senate. While there is more to the story the top of their agendas. The numbers have of t.he tax fight than the governor's veto pow been staggering in state government terms: for er, It proved to be a formidable weaponY California, it was a $14 billion shortfall;36 for other states, the size of the shortfall was less Legislative Veto dramatic, but often just as great a percentage Since the late 1970s, the courts - both fed of the state's overall budget. eral and state - have been rather harsh on The most common theme in these budge legislative attempts to gain more influence tary problems was the struggle between the in the administrative process through the use governor and the legislature over who had the of the legislative veto. The legislative veto responsibility to cut back state government procedure allows the legislature to review pro expenditures. Recent information suggests that posed executive branch regulations or actions the governors in 24 states have virtually un through a pre-implementation review of them limited authority to reduce the budget to in which the legislature can block or modif; avoid a deficit; others have a variety of restric them. This procedure clearly raises questions tions on their use of this power, including the over constitutional separation of powers pro need for legislative approval. 37 For many rea visions, which the courts interpreted in favor sons legislative approval for gubernatorial cost of the executive branches. 33 cutting proposals is not automatic. Governors Recently, the Idaho Supreme Court narrow found this out during this past year, with ly affirmed that state legislature's veto of ex notabl~ disput~s in. Massachusetts (fee setting ecutive branch regulations indicating that "it authonty, mslItutlOn closings and a pay re is valid for the legislature to reject an admin duction plan), Michigan (pay-reduction plan istrative rule that does not reflect the legisla and reductions in social welfare programs), tive intent contained in the enabling statute:' and Pennsylvania (institution closings}.38 However, the decision was specifically limited In fiscal 1991, governors proposed a range to affirming a legislative rejection of a regu of cost-cutting measures to balance their bud lation, not to amending or modifying a rule. 34 gets. While 26 states called for tax increases Similarly, the Wisconsin Supreme Court amounting to at least $10.3 billion, 29 upheld a statute authorizing a legislative joint state~ had to cut more than $8 billion out of their committee "to temporarily suspend adminis budgets. There were two approaches for these trative rules, pending bicameral review by the budget cuts: spending reductions affecting legislature and presentment to (the) governor many agencies, including across-the-board re for veto or other action:' Again the dispute ductions (16 states), targeted reductions (24 revolved on the separation of powers doctrine, states), spending delays other than pension which the Court argued was only implicitly funding (13 states), and pension funding de created in the state's constitution in the pro lays (10 states); and measures dealing with visions setting out the powers of the three state employees, including hiring freezes (22 separate branches. Thus, the constitution al states), layoffs (11 states), furloughs (7 states), lowed for a sharing of powers as long as the and travel freezes (19 states).39 action was not in "the constitutionally guar Some of the state budget power disputes anteed exclusive zone of another" branch.35 were fought in the courts with mixed results. Gubernatorial Budgetary Power In Florida, the state Supreme Court ruled that As the Connecticut example illustrates, the a statute providing a seven-member adminis past two years have tested the budgetary pow trative committee with budget cutting authori er of governors - not only in developing ty was unconstitutional. The committee con-
38 The Book of the States 1992-93 GOVERNORS sisted of the governor and the state cabinet, taining his or her policy goals. A study of 14 six other elected state officials, and the court states and their governors' policy agendas ruled this delegation of legislative authority over the 1970s and 1980s found that governors to the executive branch violated the separa "have increasingly come to use the executive tion of powers, as the power to appropriate budget as the vehicle for advancing their ini funds is legislative in nature and not execu tiatives ... ,,44 However, governors' priorities tive. The suit was triggered when the commit do change. For example, in reviewing gover tee sliced into the Children's Guardian Ad nors' policy priorities between 1971 and 1990, Litem Program,4O which provides legal aid Gosling found that primary and secondary for foster children appearing in court. education ranked either No. 1 or 2 throughout In Maryland, the state Supreme Court up the period; corrections and criminal justice held the governor's executive order to increase started as No.2 in the early 1970s, only to fall the average work week of state employees to seventh place in 1990, while economic de without providing additional compensation. velopment moved up rapidly to rank as No. The average work week had been 35 Y2 hours, 1 since the mid 1980s. More than 20 policy and the governor's order increased that to 40 priorities were put forward by these governors 4s hours. In the suit, the employees claimed they over the period. had a vested right in the shorter work week Governors are deeply involved in the bud and that right had been taken since no addi getary processes in each state, and they can be tional compensation was involved. They also deeply scarred by what happens in those argued that the decision was legislative, not processes. One argument suggests that be executive in nature. The court disagreed with cause of their position and the potential that each argument, indicating that no right had blame will be placed on them, fewer gover been taken away and that there was no viola nors than in the past may be able to seek tion of the separation of powers concept as higher office. Gov. Mario Cuomo's vacillation the governor had such authority. 41 over seeking the presidency in 1992 finally Connecticut state employees sparred with ended in his bowing out because of a need to their governor over his proposal that layoffs be closely involved in the New York budgetary would occur unless their labor union leaders situation. Presidential politics aside, one an made concessions on wages, pensions and alysis argues "New York's fiscal situation and other issues. All of this was tied to the need traditions of gubernatorial leadership in the to cut state expenses and balance the budget; budget processes make the governor's pres the governor already had indicated a 6.5 per ence more important than in most states~'46 cent cut in the workforce was in process by Gubernatorial Appointment Power November 1991, and another 22 percent cut After a series of U.S. Supreme Court deci would occur by selected closings of state sions regarding the ability of state and local offices for between five and 32 days over the elected executive branch officials to remove or rest of the fiscal year. 42 fire employees,47 the Court focused on the Over the past 20 years, governors, through patronage process conducted in the office of their budget agencies, have increased their Illinois Gov. James Thompson (R, 1977-1991). budget preparation reach into state govern In the Rutan et al v. Republican Party of Illi ment agencies. Most governors provide poli nois decision, the Court narrowly decided that cy guidance to state agencies both in writing a process using party affiliation or party ac (80 percent) and by other means (77 percent). tivityas a basis on which to hire, promote or And many now provide guidance for major transfer employees violates their First Amend programs in writing (30 percent) and by oth ment rights.48 er means (71 percent). Figures for 1970 were In February 1992, a federal District Court considerably lower. 43 judge in Raleigh, N.C. dismissed a related suit Why is this important for governors? The brought by several Democrats against Repub budget is the governor's policy vehicle con- lican Gov. Jim Martin (1985-) over being fired
The Council of State Governments 39 GOVERNORS
(early in his administration) because of their The National Governors' Association political affiliation. The judge opened up the The National Governors' Association (NGA), suit to a 450-person class action, making all under the leadership of Govs. Terry Branstad 10 cabinet members liable for damages that of Iowa (chairman for 1989-1990), Booth could have reached $22 million. This decision Gardner of Washington (chairman for 1990- forced the attorney general's office to seek 1991) and John Ashcroft of Missouri (chair outside legal help for each of the defendants.49 man for 1991-1992), continued its focus on While governors and their staffs realized educational concerns during each chairman's for some time that the use of patronage for term. Several projects and reports were issued personnel decisions was a significant prob about the status of American education and lem, this decision highlights the basic tension the states' roles in improving education.55 between protecting state employees and hir This continuing educational focus flows ing those who will help governors achieve the from the 1985-1986 NGA policy effort on goals for which they were elected. education under the direction ofthen-Chair At the state level, the Arkansas Supreme man Lamar Alexander of Tennessee (R, 1979- Court rejected a separation of powers consti 1987), which culminated in the report Time tutional challenge to Gov. Clinton's appoint for Results.56 NGA compiles and reports on ment of three special commissioners to the the "state of the state" addresses of each of state Public Service Commission. The suit the governors, with special attention given to challenged the legislature's authorizing the education. 57 During Gov. Ashcroft's term as governor to make these appointments, even chairman, NGA again will stress education in though the commission performs a legislative his initiative, "Redefining the Possible!' He function. 50 has established three action teams to focus on Two governors found themselves embroiled school readiness, the school years, and the in controversies over appointments in higher after-school years. 58 education. Newly-elected Illinois Gov. Jim During Gov. Gardner's term as chairman, Edgar had to step into the fight over who NGA focused on health issues and the nation would be the next chancellor of the Univer al health care system. This year-long effort sity of Illinois at Chicago - a decision that was kicked off by a September 1990 confer had become political, rather than academic. ence in Washington, "Innovative Partnerships His decision to attend the critical board meet for Affordable Health Care:' and finished ing and support the regular selection process with a report, A Healthy America: The Chal quieted the problem. 51 lenge for States, issued at the 1991 Annual Out-going Kentucky Gov. Wallace Wilkin Meeting. 59 son appointed himself to a six-year term on In NGA's coverage of the 1991 gubernatori the University of Kentucky Board of Trustees al state of the state addresses, four other in the last week of his tenure. Despite charges themes were highlighted: transportation,6() of "a flagrant abuse of power,' the appoint energy,61 drug policy,62 and the environment. 63 ment stood the challenge in the state courts. 52 When asked to name their top accomplish After attending his first meeting as a former ments of 1990, the governors cited initiatives governor, he called a press conference and in health care, education, and economic growth created a furor over his views on what univer and in management, and budget issues.64 In sity faculty should do - more teaching and 1991, as a sign of the times, governors said less research. 53 Former New Mexico Gov. their top accomplishments were in budget is Garry Carruthers backed the concept suggest sues and education.65 But their priorities for ed by the Association of Governing Boards 1992 would be education, health care, state of Universities and Colleges for "governors management and economic development. 66 to appoint governing-board members through A continuing NGA/National Association a merit-selection process, rather than tradi of State Budget Officers semi-annual report tional patronage ... ,,54 on the fiscal status of the states has docu-
40 The Book of the States 1992-93 GOVERNORS mented the budgetary problems of the last Election (Durham, N.C.: Duke University Press, two years. 67 The most recent report suggests 1985), 302. that more hard times are in store for the states 10 Dag Ryen, "Who's running the statehouses;' as they continue to face enormous fiscal stress State Government News 35:2 (February 1992), with "soaring costs for Medicaid and correc 11-13. tions programs, and very low reserves. In the II Larry Sabato, Goodbye to Good-Time Charlie (Washington, D.C.: CQ Press, 1983),40 past two years, states have raised $25 billion and National Governors' Association, Directory in new revenues, and they cut more than $7.5 of Governors of the American States, Common billion last year alone:,68 NGA continues its wealths & Territories, 1991 (Washington. D.C.: interest in gubernatorial transitions, both into NGA,1981). and out of office. Following the 1990 elec 12 This is based on the change in the annual tions, incumbent governors, their staffs, and average of the Consumer Price Index for All Urban NGA staff held the "New Governors' Semi Consumer (CPI-U) in the two years. With the CPI nar.' NGA also has issued a series of Manage U of 1982-84 = 100, the 1986 average was 109.6 ment Notes on gubernatorial transitions, the and the 1990 average was 130.7 for an increase of most recent of which covered both sides of the 21.1 points or 19.25070. Bureau of Labor Statistics, U.S. Department of Labor, CPI Detailed Report, transition.69 October 1991 (Washington. D.C.: US Government Not all of the joint actions for governors Printing Office, 1991),67. occur through NGA. In 1990, some former I3 For a full discussion of the question and poli governors created The National Institute of tics of term limits in the states see Gerald Benjamin Former Governors to be housed in Washing and Michael Malbin. See also Stuart Rothenberg, ton; they hoped to "use the collective experi "How Term Limits Became a National Phenome ences of more than 240 former governors to non:' State Legislatures 18:1 (January 1992). 35-39. analyze and offer non-partisan solutions to 14 Ronald M. Peters, Jr., "Point of Order: Term the country's current problems:,7o Limits?;' Extensions (Spring 1991), 2. 15 Peters, 2. Notes 16 James C. Walton (D, 1923) and Henry S. John ston (D, 1927-1929) were impeached and removed I Thad L. Beyle, "Term Limits for Governors;' from office, while David Hall (D, 1971-1975) was in Limiting Legislative Terms eds. Gerald T. Ben convicted of bribery and extortion and served time jamin and Michael J. Malbin (Washington, D.C.: in prison. CQ Press, 1992), forthcoming. 17 Rob Gurwitt, "California's John Garamendi: 2 Ibid. Insurance Commissioner for Life?" Governing 4:4 3 Joseph A. Schlesinger, "The Governor's Place (January 1991), 13. in American Politics;' Public Administration Re 18 Daniel M. Weintraub, "Limits stand in Cali view 30:1 (January/February 1970),4; Larry Saba fornia;' State Legislatures 17:12 (December 1991), to, Goodbye to Good-Time Charlie (Washington, 12-13. See Legislature of the State of California v. D.C.: CQ Press, 1983), 104; and Beyle, ibid. Eu, Case No. S 019660, October 10, 1991, and State 4 Beyle, ibid. Constitutional Law Bulletin 5:2 (November 1991), 5 Russell D. Murphy, ''A Maverick in 'The Land 1-2. of Steady Habits': Lowell P. Weicker, Jr. and his 19 By varying counts, Colorado has had be A Connecticut Party,' Governors and Hard Times tween 27 and 29 governors. The variance in the ed. Thad L. Beyle (Washington, D.C.: CQ Press, numbers of governors in Colorado is tied to the dis 1992), 71. puted 1905 election in which the General Assem 6 Beyle, "Term Limits for Governors;' ibid. bly finally asked both candidates to withdraw or 7 "Governors Saddened by Death of Gov. resign and then made the lieutenant governor the Snelling:' Governors' Weekly Bulletin 25:33 (Au governor. Both candidates served for a very short gust 16, 1991), 4. time, 66 days and 1 day each, and the appointed B Bethany Kandel. "Vermont's 5-term governor governor served out the term. See Samuel R. Solo dies;' USA TODAY (August 15, 1991), 3A. mon, comp., The Governors of the American 9 Richard F. Winters, "The New Hampshire States, Commonwealths, and Territories, 19()()-1980 Gubernatorial Election and Transition;' in Thad (Lexington, KY: The Council of State Govern L. Beyle, ed. Gubernatorial Transitions: The 1982 ments, 1980), 8-9.
The Council of State Governments 41 GOVERNORS
20 Stuart Rothenberg, "Political Clout Key to 38 "Legislative-Executive Roles;' State Policy Washington Vote;' State Legislatures 18:1 (January Reports 9:6 (March 1991),4; "Legislative-Executive 1992), 38. Disagreements;' State Policy Reports 9:10 (May 21 "Arizona legislature approves election re 1991), 18, and "Legislative-Executive Disputes forms;' State Legislatures 18:1 (January 1992),9. Over Cuts;' State Policy Reports 9:11 (June 1991),4. 22 "Wisconsin's funny veto provision is con 39 Marcia Howard, Fiscal Survey of the States stitutional;' State Legislatures 17:7 (July 1991), 16. (Washington, D.C.: National Governors' Associa 23 Michael H. McCabe, "Wisconsin's 'quirky' tion and the National Association of State Bud veto power,' State Government News 34:8 (August get Officers, April 1991) as reported in "States in 1991), 11. Worst Fiscal Shape of Decade;' Governors' Weekly 24 Risser and Travis v. Thompson, No. 90-3119, Bulletin 25:16 (April 19, 1991), 1-2. 930 F 2nd. 549 (April 16, 1991). See State Constitu 40 Chiles v. Children A, B, C, D, E, and F, No. tional Law Bulletin 4:9 (June 1991), 2. 78,792, 16 FLW S708, October 29, 1991. See State 25 State ex rei State Senate v. Thompson, 144, Constitutional Law Bulletin 5:3 (December 1991), Wis 2d 429, 424 NW2d 385, 386, n. 3 (1988). 2, and "Florida governor and cabinet can't cut 26 "Minnesota legislators win suit over vetoes;' budget;' State Legislatures 18:1 (January 1992),9. State Legislatures 17:9 (September 1991), 9. 41 Maryland Classified Employees v. Governor, 27 "Oklahoma Legislators sue too;' State Legis 599 A. 2d 91 (MD 1991). See State Constitutional latures 17:9 (September 1991),9. Law Bulletin 5:5 (February 1992), 2. 28 Johnson v. Walters, 819 P. 2d. 694 (Okla. 42 "Connecticut employees and governor at 1991). See State Constitutional Law Bulletin 5:4 odds;' State Legislatures 18:1 (January 1992), 8. (January 1992), 3-4. 43 Robert D. Lee, Jr., "Developments in State 29 Ex parte Coker, No. 89-1034, December 7, Budgeting: Trends of Two Decades;' Public Admin 1990, modified on rehearing, January 11, 1991. See istration Review 51:3 (May/June 1991), 254-262. State Constitutional Law Bulletin 4:6 (March 44 James 1. Gosling, "Patterns of Stability and 1991), 2. Change in Gubernatorial Policy Agendas;' State 30 "And in Colorado, vetoes don't stick;' State and Local Government Review 23:1 (Winter 1991), Legislatures 17:9 (September 1991),9. 11. 31 Mandel v. O'Hara, et ai, No. 33, 576, A. 2d 45 Gosling, 7. 766, July 27, 1990. See State Constitutional Law 46 "Why Governor Cuomo Didn't Run;' State Bulletin 4:1 (October 1990), 2, and "Maryland Policy Reports 10:5 (March 1992),20. governors are immune from civil liabilitY,' State 47 Elrod v. Burns (1976); Branti v. Finkel (1980); Legislatures 17:2 (February 1991), 12. Connick v. Myers (1983). 32 Murphy, 68-69. 48 For more on this case see Jeffrey L. Katz, 33 The U.S. Congress lost this power in Im "The Slow Death of Political Patronage;' Govern migration and Naturalization Service v. Jadish Rai ing4:7 (April 1991), 58-62 and Charles N. Wheel Chanda (1983). er, III, "Gov. James R. Thompson, 1977-1991: The 34 "Idaho court says legislature may veto adminis Complete Campaigner, the Pragmatic Centrist;' Il trative rules;' State Legislatures 16:6 (July 1990), 14. linois Issues 16:12 (December 1990), 12-16. 35 Martinez et al. v. Department of Industry, 49 AP, "Fired workers lawsuit against Martin Labor and Human Relations et aI., 478 N.w. 2d 582 ended:' (Raleigh) News and Observer (February 13, (Wis. 1992). See "Wisconsin Finds No Separation 1992), and Jane Ruffin, "Legal bills hit millions;' of Power Violation in Statute Authorizing Legis News and Observer (February 21, 1992). lative Committee to Suspend Administrative Rule;' 50 Clinton v. Clinton, 305 Ark. 585, June 3, State Constitutional Law Bulletin 5:6 (March 1991. See State Constitutional Law Bulletin 5:1 1992), 1-2. (October 1991), 1. 36 Richard W. Gable, "Pete Wilson: California's 51 Samuel Gove, "A Wolff at the Door of Illi New Breed Republican;' in Beyle, Governors and nois Higher Education: A Case Study of Politics Hard Times, 43. & Education;' Comparative State Politics 12:3 37 National Association of State Budget (June 1991), 1-15. See also Gove, "Same Party But Officers, Budgetary Practices in the States, 1989 a Different Governor,' in Beyle, Governors and as presented in Table 6.3: "State Balanced Budgets: Hard Times, 122-123. Constitutional and Statutory Provisions, Guber 52 "Ways & Means;' Chronicle of Higher Edu natorial and Legislative AuthoritY,' The Book of cation (December 18, 1991), A25. the States, 1990-1991 (Lexington, KY: The Cfiun 53 "Name Dropping;' Chronicle of Higher Edu cil of State Governments, 1990), 290-1. cation 28:22 (February 5, 1992), A43.
42 The Book of the States 1992-93 GOVERNORS
54 "Ways & Means;' Chronicle oj Higher Edu Efforts;' Governors' Weekly Bulletin 25:11 (March cation (July 31, 1991), A14. 15, 1991), 1. 55 See, for example, Educating America: State 63 Barbara Wells, "Commitment to the Environ Strategies jor Achieving the National Education ment Renewed;' Governors' Weekly Bulletin 25:12 Goals (Washington, D.C.: National Governors' As (March 22, 1991), 1. sociation, July 1990); Results in Education, 1990 64 "Governors Outline 1990's Top Initiatives;' (Washington, D.C.: NGA, 1991). Governors' Weekly Bulletin 25:2 (January 11, 56 Time jor Results: The Governors' 1991 Re 1991), 1. port on Education (Washington, D.C.: National 65 Matthew Davis, "Governors Outline 1991's Governors' Association, 1986). Top Accomplishments;' Governors' Bulletin 26:2 57 Deborah Weil, "Statewide Plans Reflect (January 20, 1992), 1. NGA Objectives;' Governors' Weekly Bulletin 24:7 66 Matthew C. Davis, "Education, Health Care, (February lO, 1990), 1; Aimee Rogstad, "Unwaver Other Issues Named by Governors;' Governors' ing Efforts to Improve Schools;' Governors' Week Bulletin 26:4 (February 17, 1992), 1. ly Bulletin 25:9 (March 1, 1991), 1-4; and Rogstad, 67 NGA/NASBO, Fiscal Survey oj the States "Education Linked with Health Care, Job Crea (Washington, D. C.: NGA, April and October of tion;' Governors' Bulletin 26:5 (March 2, 1992), 1. each year). 58 "Gov. Ashcroft Launches Education Goals 68 "Another Difficult Budget Year for States;' Initiative;' Governors' Weekly Bulletin 25:34 (Au Governors Weekly Bulletin 25:43 (November 1, gust 30, 1991), 1, 3. 1991), 1. 59 NGA Task Force on Health Care, A Healthy 69 Thad L. Beyle, The Governor's Final Year: America: The Challengejor States (Washington, Challenges and Strategies (Washington, D.C.: D.C.: National Governors' Association, August Office of State Services, National Governors' As 1991). sociation, April 1990), and Organizing the Tran 60 "Governors Urge Transportation Projects;' sition Team (Washington, D.C.: Office of State Governors' Weekly Bulletin 25:8 (February 22, Services, National Governors' Association, 1991), 1. November 1990). 61 "State, National Energy Policies Proposed;' 70 "Former Governors Tapped for Advice;' Governors' Weekly Bulletin 25:lO (March 8, 1991),1. State Legislatures 16:lO (November/December, 62 Mark Miller, "States Strengthening Anti-Drug 1990), 7.
The Council of State Governments 43 .... Table 2.1 >-l THE GOVERNORS ::r (1) 1992 t:t:' 0 Maximum Joint election of 0 :>;" Length oj Number oj consecutive governor and OJficial who State or other regular term Date oj Present previous terms a{(owed by lieutenant succeeds ....,0 jurisdiction Name and Parly in years first service term ends terms constitution governor (a) governor Birthdate Birthplace ..... ::r Alabama. Harold Guy Hunt (R) 4 01/87 01/95 I No LG 06/17/33 Ala. (1) Alaska .... Walter J. Hickel (I) 4 12166 12194 I (b) Yes LG 08/18/19 Kan. Arizona. Fife Symington (R) 4 03/91 01/95 (c) SS 08/12/45 N.Y. en..... Arkansas Bill Clinton (D) 4 01179 01/95 4 (d) No LG 08/19/46 Ark. ~ California . . Pete Wilson (R) 4 01/91 01/95 No LG 08/23/33 Ill. (1) Colorado. Roy Romer (D) 4 01/87 01/95 Yes LG 10/31128 Colo. '" Connecticut . Lowell P. Weicker. Jr. (I) 4 01/91 01/95 Yes LG 05/16/31 France '0 2 (e) '0 Delaware Michael N. Castle (R) 4 01/85 01/93 No LG 07/02/39 Del. N Florida. Lawton Chiles (D) 4 01/91 01/95 2 Yes LG 04/03/30 Fla. Georgia. Zell Miller (D) 4 01/91 01/95 2 No LG 02124/32 Ga. Y>.:c Hawaii John D. Waihee III (D) 4 01/86 12194 I Yes LG 05/19/46 Hawaii Idaho Cecil D. Andrus (D) 4 01171 01/95 3 (f) No LG 08125/31 Ore. Illinois. Jim Edgar (R) 4 01/91 01/95 Yes LG 07122146 Okla. Indiana. Evan Bayh (D) 4 01189 01/93 Yes LG 12126/55 Ind. Iowa. Terry Branstad (R) 4 01/83 01195 Yes LG 11/17/46 Iowa a 0 Kansas Joan Finney (D) 4 01/91 01/95 2 Yes LG 02112125 Kan. -< Kentucky Brereton C. Jones (D) 4 12191 12195 (g) No LG 06127/39 Ohio tT1 Louisiana Edwin Edwards (D) 4 05172 01/96 3 (h) 2 No LG 08/07127 La. ,c Maine John R. McKernan. Jr. (R) 4 01/87 01/95 I 2 (c) PS 05120/48 Maine William Donald Schaefer (D) 4 01/87 01/95 I 2 Yes LG 11/02121 Md. Z Maryland. 0 Massachusetts . William F. Weld (R) 4 01191 01/95 Yes LG 07/31/45 N.Y. ,c Michigan John Engler (R) 4 01/91 01/95 Yes LG 10/12148 Mich. en Minnesota Arne Carlson (R) 4 01191 01/95 Yes LG 09/24/34 N.Y. Mississippi ... Kirk Fordice (R) 4 01/92 01196 (g) No LG 02/10/34 Tenn. Missouri . . John Ashcroft (R) 4 01/85 01/93 2 (e) No LG 05/09/42 Mo. Montana . . Stan Stephens (R) 4 01/89 01/93 Yes LG 09/16129 Canada Nebraska. E. Benjamin Nelson (D) 4 01/91 01/95 2 Yes LG 05/17/41 Neb . Nevada. Bob Miller (D) 4 11188 01/95 . i·(i) 2 No LG 03/30/45 Ill. New Hampshire Judd Gregg (R) 2 01/89 01/93 I (c) PS 02114/47 N.H. Ne.. Jersey. James S. Florio (D) 4 01/90 01/94 (c) PS 08129/37 N.Y. New Mexico. Bruce King (D) 4 01171 01/95 2 (j) 2 (k) Yes LG 04/06/24 N.M. New York Mario M. Cuomo (D) 4 01/83 01/95 2 Yes LG 06/15/32 N.Y. North Carolina . James G. Martin (R) 4 01/85 01/93 I 2 (e) No LG 12/11/36 Ga. North Dakota . George A. Sinner (D) 4 01/85 12/92 I Yes LG 05129/28 N.D. Ohio. George Voinovich (R) 4 0J/91 01/95 2 Yes LG 07/15/36 Ohio Oklahoma David Walters (D) 4 01/91 01/95 2 No LG 11120/51 Okla. Oregon. Barbara Roberts (D) 4 01/91 01/95 2 (I) (c) S8 12121/36 Ore. Pennsylvania. Robert P. Casey (D) 4 01/87 01/95 2 Yes LG 01/09/32 N.Y. Rhode Island .. Bruce Sundlun (D) 2 0J/91 01/93 No LG 01/19120 R.t. South Carolina . Carroll A. Campbell. Jr. (R) 4 01/87 0J/95 2 No LG 07124/40 S.C. South Dakota . George S. Mickelson (R) 4 01/87 01/95 Yes LG 01/31/41 S.D. Tennessee Ned Ray McWherter (D) 4 01/87 01/95 No SpS (m) 10/15/30 Tenn. Texas . . Ann W. Richards (D) 4 01/91 01/95 No LG 09/01/33 Texas Utah. Norman H. Bangerter (R) 4 01/85 01/93 Yes LG 0J/04/33 Utah Vermont. Howard Dean (D) 2 08/91 (n) 01/93 No LG 11/17/48 N.Y. THE GOVERNORS-Continued
Maximum Joint elecNon of Length of Number of consecutive governor and Official who State or other regu/ar term Date of Present previous terms allowed by lieutenant succeeds jurisdiction Name and Party in years first service term ends terms constitution governor (a) governor Birthdate Birthplace Virginia. L. Douglas Wilder (D) 4 01/90 01/94 (g) No LG 01/17/31 Va. Washington . Booth Gardner (D) 4 01185 01/93 No LG 08121/36 Wash. West Virginia Gaston Caperton (D) 4 01/89 01/93 2 (0) (c) PS 02121/40 W.V. Wisconsin ...... Tommy Thompson (R) 4 01/87 01/95 Yes LG 11119/41 Wise. Wyoming. Michael (Mike) J. Sullivan (D) 4 01187 01/95 (c) SS 09122139 Neb.
American Samoa Peter T. Coleman (R) 4 01/56 01193 3 (p) 2 (q) Yes LG 12108/19 A.S. Guam. Joseph Ada (R) 4 01/87 01/95 1 2 Yes LG 12103/43 Guam No. Mariana Islands .. . Lorenzo I. DeLeon Guerrero (R) 4 01190 01/94 3 (r) Yes LG 01125/35 Saipan Puerto Rico ..... Rafael Hernandez-Colon (PDP) 4 01173 01/93 2 (s) (c) SS 10/24/36 P.R. U.S. Virgin Islands. Alexander A. Farrelly (D) 4 01187 01/95 1 Yes LG 12129123 V.1.
Key: (e) Absolute two-term limit, but not necessarily consecutive. D - Democrat ([) Resigned in 1977 to accept appointment as Secretary, U.S. Department of Interior. I - Independent (g) Successive terms forbidden. PDP - Popular Democratic Party (h) Served 1972·76, 1976-1980, 1984-88. R - Republican (i) Succeeded to governor's office November 1988 to serve remainder of unexpired term. LO - Lieutenant Governor (j) Served 1971-75 and 1979-83. SS - Secretary of State (k) Beginning in 1991, governor limited to two consecutive four-year terms. PS - President of the Senate (I) Prohibited from serving more than eight years out of a 12-year period. a SpS - Speaker of the Senate (m) Official bears the additional statutory title of "lieutenant governor." o . . . - Not applicable (n) Succeeded to governor's office August 1991 to serve remainder of unexpired term. -<: (0) Prohibited from serving in the term immediately following two consecutive terms regardless of t'I1 na~i~nT~~o~~I~~w;r~r~~~ ~~~~~,c::i~;~?:~d,f~i~~~~~~~~ :r~n~i:~~~n~~~ttO~e;kg[a~"Ohi~~ uj~~~~~~~= whether the terms were filled in whole or in part. can Samoa, Guam, No. Mariana Islands and U.S. Virgin Islands. (p) Presidentially appointed Governor 1956-61. Elected to three-year term in 1978; four-year terms (b) Served 1966-69, when he resigned to become Secretary, U.S. Department of Interior. in 1981 and 1989. ~ (c) No lieutenant governor. (q) Limit is statutory. o (r) Absolute three-term limitation, but not necessarily consecutive. :;0 (d) Served 1979-81. 1983-85. 1985-87 and 1987-1991. In 1984, a constitutional amendment passed which rJl changed to four years the length of the governor's term (effective with the 1986 election). (s) Served 1973-1977 and 1985-1989. -l ::r o () o C ::l £; o.... ~ o~ ao <: ..,o ::l :3o ::l ....on
~ VI GOVERNORS
Table 2.2 THE GOVERNORS: QUALIFICATIONS FOR OFFICE
State or other Minimum State citizen U.S. citizen State resident Qualified voter jurisdiction age (years) (years) (years) (years)
Alabama. 30 10 Alaska ...... 30 7 Arizona. 25 10 * Arkansas 30 *5 Calirornla. 18 * Colorado ... 30 Connecticut ... 30 * Delaware 30 12 6 * Florida. 30 7 Georgia. 30 15 6 *
Hawaii 30 Idaho 30 * illinois. 25 * Indiana. 30 *5 Iowa .. 30 * Kansas. Kentucky 30 Louisiana. 25 *5 Maine 30 15 * Maryland 30 (a)
Massachusetts ... Michllan 30 4 Minnesota 25 I Mississippi 30 20* 5 Missouri 30 15 10
Montana (b) 25 2 Nebraska (c) 30 *5 *5 5 Nevada .... 25 2 2 New Hampshire .' 30 7 * New Jeney. 30 20 7
New Mexico. 30 5 New York 30 * 5 * North Carolina. 30 *5 2 North Dakota 30 * 5 * Ohio .. * * Oklaboma 31 * 10 Orelon. 30 * Pennsylvania 30 * Rhode Island. * South Carolina 30 * Soutb Dakota 2 2 Tennessee . 30 Texas .. 30 * 5 Utah ..... 30 * 5 Vermont .. 4 * Virginia. 30 * 5 Wasblnlton 18 * * West Virginia 30 * * * Wisconsin. 18 * * Wyomlnl 30 * * American Samoa 35 5 Guam ...... ' 30 *5 5 No. Mariana Islands . 35 10 * Puerto Rico ...... 35 5 * U.S. Vlraln Islands 30 5 * Source: State constitutions and statutes. (b) No person convicted of a felony is eligible to hold office until final Note: The information in this table is based on a literal reading of the discharge from state supervision. state constitutions and statutes. (c) No person in default as a collector and custodian of public money Key: or property shall be eligible to public office; no person convicted of a felony * - Formal provision; number of years not specified . shall be eligible unless restored to civil rights. . . . - No formal provision. (a) Crosse v. Board of Supervisors of Elections 243 Md. 555, 22IA.2d431 (1966) - opinion rendered indicated that U.S. citizenship was, by neces- sity, a requirement for office.
46 The Book of the States 1992-93 GOVERNORS
Table 2.3 THE GOVERNORS: COMPENSATION
State or other Governor's office Access to slate transportation Travel Official jurisdiction Salary staff(') Automobile Airplane Helicopter allowance residence Alabama .. $ 81,151 22 (b) Alaska .. 81,648 66 * * * (b) * Arizona. 75,000 41 * * * (b) * Arkansas. 35,000 48 * * (c) 114,286 (d) * (c) (e)* California. 86 * Colorado 70,000 39 (f) Connecticut. 78,000 38 * * (f) * Delaware 80,000 22 * $13,000 (c) * Florida. 103,909 242 * * (b) * * * (f) * Georgia. 91,080 41 * * * * Hawaii .... 94,780 28 (g) (f) Idaho ... 75,000 21 * (f) * Illinois. 97,370 140 * * (b) Indiana. 74,100 35 * * * 0 * * * * (b) * Iowa 76,700 10 * * * Kansas 74,235 28 (f) Kenlucky ...... 79,255 49 * * (b) * Louisiana , . 73,440 45 * * * (b) * Maine .. 70,000 21 * * (f) * * * (f) * Maryland 120,000 98 * * * * Massachusetts . 75,000 65 (f) Michigan .. 106,690 66 * * * (b) MjnDf'Sota . 109,053 36 * * * (f) * Mississippi 75,600 39 (h) * * * $24,017 (c,f) * 88,541 34 * * * (c) * Missouri . * * * Mon'ana . . 54,254 24 (b) Nebraska 65,000 16 * * * (b) * Nevada .... . 82,391 14 * * * (c) * New Hampshire .. 79,541 23 * (f) * (i) * * $100,000 New Jersey. 85,000 60 * * * New Mexico ... 90,692 54 $95,300 (c) New york .... 130,000 (j) 216 * * * (b) * North Carolina. 123,000 86 * * * $11,500 * North Dakola 67,800 18.75 * * * (f) * * * (f) * Ohio. 99,986 68 * * * * Oklahoma 70,000 34 (f) Oregon. 80,000 34 * * (f) * Pennsylvania. 105,000 87 * (b) * Rhode Island. 69,900 47 * * (f) * * * * (f) South Carolina .. 98,000 22 * * * * Soulh Dakola ... 60,890 17 (f) Tennessee. 85,000 30 * * (f) * Texas . . 95,301 298 * * * (b) * Ulah. 72,800 16 * * * S26,OOO * * * (f) * Vermont. 80,730 17 * Virginia. 105,882 36 (b) Washlnglon . 112,000 37 * * * $120,000 (c) * West Virginia n,ooo 48 * * (k) * Wisconsin . . 92,283 38 * * * (f) * (I) * * (c) * Wyoming .. . 70,000 7 * * * American Samoa 50,000 23 $105,000 (c) Guam ... 90,000 42 * $218/day * No. Mariana Islands. 50,000 9 * (rn) * (i) Puerto Rico .. 70,000 (n) N.A. * (f) * * * (f) * U.S. Virgin Islands 80,000 (0) * * See footnotes at end of table.
The Council of State Governments 47 GOVERNORS
THE GOVERNORS: COMPENSATION-Continued
Source: The Council of State Governments' survey, February 1992. of state. Nevada - $21,995 in state; $10,640 out of state. New Mexico - Key: $95,300 (in state $40,800, out of state $54,5(0). Wyoming - $59,000 in * - Yes state; $46,158 out of state. ... - No (d) Governor has taken a voluntary 50/0 cut in statutory salary . N.A. - Not available (e) In California-provided by Governor's Residence Foundation, a non (a) Definitions of "governor's office staff' vary across the states - from profit organization which provides a residence for the governor of Califor general office support to staffing for various operations within the execu nia. No rent is charged; maintenance and operational costs are provided tive office. by California Department of General Services. (b) Reimbursed for travel expenses. Alabama - reimbursed up to (f) Travel allowance included in office budget. $40/day in state; actual expenses out of state. Alaska - receives per diem (g) In Hawaii, does not include offices and commissions attached to based on location or actual expenses if exceeds per diem. Arizona governor's office. reimbursed for actual expenses. Florida - reimbursed at same rate as other (h) Currently 18; budget request is for 39. state officials: in state, choice between $50 per diem Of actual expenses; (i) Governor does not occupy residence. out of state, actual expenses. Illinois - no set allowance. Iowa - limit (j) Accepts $100,000. set in annual office budget. Kentucky - mileage at same rate as other state (k) Included in general expense account. employees. Louisiana - reimbursed for actual expenses. Michigan - (I) Also has state planning coordinator. $35-50/day for in state; no state tax dollars used for out of state. Mon (m) Governor has a "contingency account" that can be used for travel tana - reimbursed for actual and necessary expenses in state up to $55/day, expenses and expenses in other departments or other projects. and actual lodging plus meal allowance up to $30/day out of state (no an (n) Accepts S35,OOO. nuallimit). Nebraska - reasonable and necessary expenses. New York - (0) Governor's office staff includes office staff to various agencies of reimbursed for actual and necessary expenses. Pennsylvania - reimbursed the U.S. Virgin Islands government. for reasonable expenses. Texas - reimbursed for actual expenses. (c) Amount includes travel allowance for entire staff. Arkansas, Mis souri - amount not available. California - $145,000 in state; $36,(0) out
48 The Book of the States 1992-93 Table 2.4 THE GOVERNORS: POWERS
Veto power (a) Item velO- Other statewide elected Item veto- majority Item veto- Item veto- Authorization for Budget-making power 213 legislators legis/ators 315 legislators at least 213 reorganizotion officials (e) State or other Full Shares Noilem present to elected 10 elected to legislators elected through Number of Number of jurisdiction responsibility responsibility veto override override override to override executive order (b) officials agencies Alabama ...... * * 9 7 Alaska. * * C I o (d) Arizona . . * * 8 6 Arkansas. * * 6 6 California. * * S 7 7 Colorado 13 Connectieut . * * 5 Delaware * * C 5 * 7 Florida. * * Georgia .. * * S 12 Hawaii (e) I I Idaho * * 6 6 Illinois. * * C 14 6 Indiana . . * * 6 6 Iowa . . * * 6 6 0 * * 0 Kansas C 5 5 -< Kentucky * * S 7 7 tT1 Louisiana . . * * 7 7 M.lne ... * * * 0 0 M.ryl.nd. * * C 3 Z * * 3 0"" M ....chusetts C 5 (I) Michigan ... . * (I) * C 35 Minnesota * S 5 "" o-l Mississippi * * S 7 ::r Missouri .. . * * C 5 (1) * * (J Montana. S 5 5 Nebraska .. * * 5 5 0 * * r:: Nevada .. * * 5 5 ::l New Hampshire . * * 0 0 £; New Jersey. * * 0 0 ....,0 New Mexico. 9 7 New York ... * * * (g) 3 3 (I) North C.rolln•. * (h) C 9 9 ; North Dakota . * 13 II ..... Ohio ...... * * 5 5 (1) * (f) * 0 Oklahoma .... * (f) S lO 8 0 Oregon ...... * 5 5 < Pennsyl\'ania . * * 4 4 (1) * * ..., Rhode Island .. *(1) * 4 4 ::la South Carolina * * 8 lO (i) (1) South Dakota ... C 9 7 ~ Tennessee . * * S 3 1 en Texas. * * 9 7 Utah .... * * 4 4 Vermont. * * S 5 5 """'D * * See footnotes at end of table. \J\ o THE GOVERNORS: POWERS-Continued -l ::r o ______-'-IC~e.to power (aJ Item velO ttl Item velo- majority Other statewide elected o Budget.making power item veto- Item velo- Authorization for o 213 legis/a/Drs legis/a/ors 3/5 legislators at least 213 reorganization officials (cJ i>';" State or other Full Shares No item present to elected to elected to legislalors elected through Number of Number of jurisdiction responsibility responsibility veto override override override to override executive order (b) officials agencies -,o Virginia .. S (j) 2 2 S- WasbinKton . * * 8 8 o West Virginia * * S 5 7 en Wisconsin. * * (kJ 5 5 ..... Wyoming .... * 4 * * 4 ~en American Samoa ... . S 1 1 ..... Guam ...... * * I 1 1,0 No. Maria.a Islands. * * * 1 1 Puerto Rico ...... * * * o o IS U.S. Vi'lin Islands . * * 1 1 .0 * * \H Source: The Council of State Governments' survey. February 1992. (c) Includes only executive branch officials who are popularly elected either on a constitutional or statu Key: tory basis (elected members of state boards of education, public utilities commissions, university regents, • - Yes; provision for. or other state boards or commissions are also included); the number of agencies involving these officials ... - No; not applicable. is also listed. C - Constitutional (d) Lieutenant governor's office is part of governor's office. S - Statutory (e) Implied through a broad interpretation of gubernatorial authority~ no formal provision. (a) In all states, except North Carolina, governor has the power to veto bills passed by the state legisla (0 Full responsibility to propose~ legislature adopts or revises and governor signs or vetoes. 8 ture. The information presented here refers to the governor's power to item veto-veto items within a (g) In New York, governor has item veto over appropriations. <: bill-and the votes needed in the state legislature to override the item veto. For additional information (h) Governor has no veto power. m on vetoes and veto overrides, as well as the number of days the governor is allowed to consider bills, (i) Divisions within governor's office. :;tl see Table 3.19, "Enacting Legislation: Veto, Veto Overrides and Effective Date." (j) For shifting agencies between secretarial offices; all other reorganizations require legislative approval. Z (b) For additional information on executive orders, see Table 2.5, "Gubernatorial Executive Orders: (k) In Wisconsin, governor has Hpartial" veto over appropriation bills. The partial veto is broader o Authorization, Provisions. Procedures." than item veto. :;tl en Table 2.5 GUBERNATORIAL EXECUTIVE ORDERS: AUTHORIZATION, PROVISIONS, PROCEDURES
Provisions Procedures 11 .~ " .~ 12" ;:... .!::J: .9 .!:l ..t::~.S .~ ~ .t;til " E '@ .5 ~ ;.g § 6~ ~ ~ 1 .;0 .~ ~.~ ~ ~~ ~~~ ~5 ~- ~ J5.S! ~ I ~ ~~ .., .. ~ .. f? .~ ~'€i~ 0 .. " ".-0'<; s:: I::l..~ .. ~ ~C "til" E~ -"," t:~ ~ ~~ .~'i: -g'~'~~ 01., __ " ~.~ >-'0 ~ t ]§@ ~.~ t .. " t-e ~~~ ~~ ~'e :;; ",11 f?" ~ ~~ ~'E ~g :&:E State or other Authorization jor ~~~ " ~ ~ a'~ g a-~5. -s H jurisdiction executive orders 0:6 ~ ~§.. o ~ ~§ \..)801..1 ~ ~~ ~~ a it: 5. ~a. ~~ Alabama. S,I (a) * (b) * (c,d) Alaska. C Arizona .. I * (a) * (a) * (a) * * (c) * Arkansas S,I (e) California .. S * * * * * * * * * * * * * * * * * Colorado. S * (f) Connecticut . S * * * Delaware C * * * * * (g,h) Florida .. . C,S * * * (i) * * * * * (g,h) * (e) Georgia .. . S,! (e) * * * * * 8 * * * * * * * * * < Hawaii .. (a) *(j) trI Idaho S * * (c) Illinois .. C * (c) * (k) Indiana ... I * ~ Iowa. S o ~ Kansas ... S * (I) * (c,d,m) CIl Kentucky S * ·.·(n) * * * * * * (k,o,p,q) * (c) >-l Louisiana. S (r) * * * (',t,U) * (m) * (t,U) ::r Maine ... S * (V,w) * C,S * (d) * (1) Maryland .. C,S * ,i..(y) * * (x) (') * * * * * * * o MassachuseUs . C,I * (C,v) * * * (m) c: Michigan .. C,S * * * * * (q) * (c) * (z) ::s Minnesota S * * (aa) * * * (bb) * (c,m) * * (y) Mississippi .. S * * * * (cc,dd) * (c) B Missouri . C * * * * * * (y) * ,i.·(y,ce) o * * * * * * * ...., Montana ... S,I * (c) Nebraska. S * * * * * * ....CIl Nevada. I * * * * ~ New Hampshire . S * (a) * (q) (1) New Jersey. * * * * * S * * * (Cf) * (dd) a New Mexico ... S o I * * <: New York * * * * North Carolina S,I S S s,c S S S,C S * (y) ~ North Dakota. S,I * (dd) ::s C,S,! * * 3 Ohio. * * * * * * * * * (c) (1) Oklahoma S,I * (v) * * (gg) * (c) * * (y) ....::s Oregon. S * * V> Pennsylvania .. c,S * * * (n,v,x,hh) . ,i.·(ii) ,i. (c,m) Rhode Island ... S (a) * * * * (I) U1 (e) * * ,i.·(e,d,jj) South Carolina .. I * (dd) * (h,hh) * See footnotes at end of table. VI N GUBERNA TORIAL EXECUTIVE ORDERS-Continued ...., ::r Provisions Procedures (1) t:C ~ o ~ .~ o ~ .;::a :><:" :c ~ ~ -ti\ .~ .g :~ 'ij E:: :c -t::~'S: ~ x o ~ ·c "" C,),,~ g; ....., t,g 6~ ~ ~ ~ -.:~ .><1 ~ .~ ~ ~"t:I'-'l ~c ~t ..... ~.§ b ~ .5 ~ 1: ~~ .g ~f~~ C " ~ §~ ::r E~.~ E~ ~ '5 G- -6''::.~~ ,,:c !?~" " (1) ~E~ t:!; ~ ~ :.~ ~t~ ":1 i .~.~ ~ ~.5 ~.~ ~ "-5 r.n ~8 ~:§ ~~ ..... ~ c ~~ ~g State or other Authorization for ~~~ ~c"t3 ~~.5 E ~ct:J
Table 2.6 STATE CABINET SYSTEMS
Authorization jor cabinet system Criteria for membership
$ $ .g" ] ~ ~ 1:; o~ 1J ~ ~ " ~... ·5 s. ~c:~ ~ .~ :,;~ o~ Number oj l! 0 5 ~e~ members in .., ... :~" h ~~ ",-- ~~ ~.~~ cabinet Open State or other ~ ~ ~ ~ -as (including Frequency oj cabinet jurisdiction t;; i! <3 i!:: ~~ ~~ G~~ governor) cabinet meetings meetings Alab.ma. 28 Twice monthiy (b) AI ...... * * 19 Regularly * (c) Artzona. * * 27 Weekly Arkansas * * 17 Regularly California .. * * 11 Every two weeks Colorado .. * * * 21 Twice monthly Connecticut * * 24 Gov. 's discretion * Delaware * * * (d) 19 GOY. '5 discretion Florida .. * 7 Every two weeks * Georgi•.. ------* *(e) * Ha... il .. * * * * 24 Gov. 's discretion Id.ho ------(e) ------Illinois .. * * (d) 42 (f) Gov.'s discretion (g) * Indl.n. ------(e) ------Iowa .. ------(e)------.------Kansas 14 Monthly or as needed Kentucky .. * * 13 Weekly Louisiana * * 24 Monthly M.lne .. * * * * * (d) 17 Weekly Maryland * * (d) 20 Weekly MaSSllchusetts . * 12 Twice monthly Mlcblg.n ... . * * 30 Gov.' s discretion Minnesota ... . * * * * 26 Regularly Mississippi .. ------* * (e) Missouri ... * * * 16 OO"','s discretion Montana .. 24 Monthly Nebraska * * 27 Monthly * Ne.adl ------* * (e) Ne .. Hampshire ------(e) Ne .. Jersey .. . 21 Once or twice monthly New Mexico ... . * * * 17 Monthly New York '" .... * * 7 Gov, 's discretion North Carolina (h) .. * * 10 Monthly North Dakota ...... ------* (e) * Oblo ...... * * * 31 Weekly Oklaboma ...... * * 16 (i) Gov.'s discretion Oregon .. ------(e) ------Pennsyh'ania .. * * (d) 20 Gov.'s discretion * Rbnde IsI.nd .. ------(e) ------South Carolina ------(e) ------South Dakota .. 22 Gov. 's discretion Tennessee .. * * * 29 Go.,.. 's discretion Texas. ------* * * ...(e) ------.------.------* Ut.b ... 21 Monthly (j) Vermont. * * 6 Gov. 's discretion * Virglala ...... * * 9 Gov. 's discretion W.shlngton ... . * * 26 Twice monthly West Virginia * * 8 Weekly Wisconsin .. , .. . * * 9 Monthly Wyoming (k) ...... * * 13 Oo.,..'s discretion * American Samoa * * 16 Gov. 's discretion * Guam ...... * * 79 Monthly * No. Mlrlana Island, .. . * * 25 Monthly Puerto Rico ... * * * * * 17 Weekly U.S. Virwln Isla.ds .... * * * * 16 Gov. 's discretion Source: The Council of State Governments' survey, February 1992. (g) Sub-cabinets meet monthly. Key: (h) Constitution provides for a Council of State made up of elective ,tate * -Yes administrative officials, which makes policy decisions for the state while .. . -No the cabinet acts more in an advisory capacity . (a) Individual is a member by virtue of election or appointment to a (i) Includes lieutenant governor and secretary of state; other cabinet mem cabinet-level position. bers are heads of state agencies. (b) More often during iegislative sessions. (j) State Planning Advisory Committee, composed of all department (c) Except when in executive session. heads serves as an informal cabinet. Committee meets at discretion of state (d) With the consent of the Senate. planning coordinator. (e) No formal cabinet system. In Idaho, however, sub The Council of State Governments 53 GOVERNORS Table 2.7 THE GOVERNORS: PROVISIONS AND PROCEDURES FOR TRANSITION Provision for: Acquainting Gov-elect's State Office space gov-elect staff Legis/ation participation Gov-elect to personnel 10 in buildings with office Transfer 0/ pertaining 10 Appropriations in slate budget hire staff to be made to be made procedures and in/ormation State or gubernatorial available to for coming assist during available to available to routine office (flIes, records, other jurisdiction transition gov-elect fiscal year transition assist go v-elect gov-eleci junctions etc.) Alabama. (a) Alaska. Arizona. * * * Arkansas $ 60,000 (b) * Calirornla .... * 450,000 * * * * * * * Colorado .... 10,000 Connecticut * 25,000 * * * * * Delaware ... * (e) * * . * * 300,000 (d) * Florida * Goo... la ... * * * * * * Hawaii .,' 100,000 Idaho * 15,000 * * * * * * Illinois. * * * (e) * * * * Indiana. * 40,000 * * * * * * 10,000 * * *• (g) * * * Iowa. * (0 * * * (h) Kansas. 100,000 Kentucky * Unspecified * * * * * * Louisiana. * 10,000 * * * * * * * 5,000 * * * * * * Maine * * * * (i) * Maryland * 50,000 * * * * * * Massachusetts . Michigan ... 1,000,000* (j) * * Minnesota * 35,000 * * * Mississippi. * 30,000 * * * * * * 100,000 * * * * * *• (k) Missouri ... * * * * Montana .. 5,000 Nebraska * 50,000 * * * * * * Nevada. 5,000 (I) * * * * * New Hampshire 5,000 * * * 295,000 * * * * * New Jersey. * * * * * * New Mex.ico ... (m) New york .... * * * * North Carolina 50,000 (d) • (n) * * * North Dakota * (0) * Ohio * (m) * * * Oklahoma 40,000 Oregon * 20,000 * * Pennsylvania * 100,000 * * * * * * * *• (a) * * Rhode Island. * South Carolina .. * 50,000 * * * * * South Dakota .' IO,OOO(p) Tennessee. * * * * Texas ... * * Utah ... Unspecified * * Vermont .. (e) * (q) (r) Virginia. (e) * (k) * (k) * (k) ! (k) * (k) Washington Unspecified West Virginia * Wisconsin .. Unspecified (m) * * * * * * Wyoming. * * * American Samoa Unspecified * (s) Guam ...... (t) No. Mariana Islands. 50,000 Puerto Rico . * 250,000 (d) * * * * * U ,S, Virgin Isllnds . Source: The Council of State Governments' survey, February 1992. (k) Activity is traditional and routine, although there is no specific statu- Key: tory provision. . . . - No provisions or procedures (I) Is not adequate and is augmented by legislature . * - Formal provisions or procedures (m) Legislature required to make appropriation; no dollar amount stat- • - No formal provisions, occurs informally ed in legislation. In New Mexico, $50,000 was made available in 1990. In (a) Governor usually hires several incoming key staff during transition. Wyoming. SIO,(M)() was appropriated but not spent because governor was (b) Made available in 1983. re-elected. (e) Determined prior to each election by legislature. (n) New governor can submit supplemental budget. (d) Inaugural expenses are paid from this amount. (0) If necessary. submit request to State Emergency Commission. (e) On a contractual basis. (p) Made available for 1987. (0 Pertains only to funds. (q) Responsible for the preparation of the budget; staff made available. (g) Provided on irregular basis. (r) Not transferred but use may be authorized. (h) Arrangement for transfer of criminal files. (s) Can submit reprogramming or supplemental appropriation measure (i) Budget personnel. for current fiscal year. Ul Made available in 1990. (t) Appropriations given upon the request of governor-elect. 54 The Book of the States 1992-93 Table 2.8 IMPEACHMENT PROVISIONS IN THE STATES Governor and other state executive and judicial officers Legislative body Legis/ative body Chief justice Official who serves Legislature may call Slate or other subject 10 which holds power Vote required for which conducts presides at Vote required jor as acting governor if special session jurisdiction impeachment of impeachment impeachment impeachment trial impeachment trial (a) conviction governor impeached (b) for impeachment Alabam •. * (c) H S LG Alaska .. S 2/3 mbrs. H (d)* 213 mbrs. * Arizona .. * (e) H maj. mbrs. S 213 mbrs. SS * Arkansas H S * 213 mbrs. * H S * 213 mbrs. LO California ..... * Colorado .... * (e) H maj. mbrs. S 213 mbrs. LO Connecticut H S * 2/3 mbrs. present LO * Delaware * H 213 mbrs. S * 213 mbrs. Florida * H 213 mbrs. S * 213 mbrs. present LO * S * 2/3 mbrs. present * Georgia. * H * * HawaII * (I) H S 2/3 mbrs. LO Idaho .. . H S * 213 mbrs. LO * Illinois .. . * H maj. mhrs. S * 2/3 mbrs. LO Indiana. * H S * 213 mbrs. * * S 213 mbrs. present Iowa ... * H LO a Kansas . H S 213 mbrs. 0 Kentucky .. * H S 213 mbrs. present <: Louisiana. , * H S 2/3 mbrs. t'I1 * H S 213 mbrs. present Maine ... . * ~ Maryland ... . * H maj. mbrs. S 213 mbrs. * * Z Massachusetts ... H S 0 Michigan...... * H maj. mbrs. S (g) 213 mbrs. * ~ Minnesota ...... * H maj. mbrs. S * 2/3 mhrs. present LO til Mississippi . * H 213 mbrs. present S 2/3 mbrs. present >-j Missouri .... * H (h) (h)* (h) LO ::r * <'II Montana. H 213 mbrs. S 213 mbrs. () Nebraska .. . * S (i) maj. mbrs. (j) (j) (j) * Ne.. da ... . * (e) H maj. mbrs. S 213 mbrs. LO * g N.w Hampshire H S * NewJ.... y ...... * H maj. mbrs. S * 213 mbrs. ::l * (k) * * £: New Mexico ...... H maj. mhrs. S 213 mbrs. o N.w York .. . * H maj. mbrs. (I) * 213 mbrs. present LO * ...., North Carolina .. * H S 2/3 mbrs. present * maj. mbrs. S * 213 mbrs. LO * ~ North Dakota .. * (e) H Ohio ... H maj. mbrs. S * 213 mbrs. e<'II * * Oklahoma ... . * (c) H S 213 mbrs. present LO a Orewon ...... ______------(m)------* * o P.nnsylvania .. H S 2/3 mbrs. present (i Rhode Island. * H (n) S 2/3 mbrs. LO * South Carolina * H 2/3 mbrs. S * 2/3 mbrs. 3 * * a South Dakota . * (e) H maj. mbrs. S 213 mbrs. LO <'II Te.nessee . H S * 213 mbrs. (0) g Texas ... . H S * 2/3 mbrs. present LO * en * Utah .. . * (e) H 213 mbrs. S 213 mbrs. LO Vermont ..... H 213 mbrs. S * 213 mbrs. present VI VI * See footnotes at end of table. u. 0'1 IMPEACHMENT PROVISIONS IN THE STATES-Continued ..., ::r Governor and other o slate executive and to judicial officers Legislative body Legislative body Chief jus/ice Official who serves Legislature may call o Stale or olher subject to which holds power Vote required jor which conducts presides at Vote required for as acting governor if special session o jurisdiction impeachment of impeachment impeachment impeachment trial impeachment trial (a) conviction governor impeached (b) for impeachment :><;" o Virginia. H S 2/3 mbrs. present ..., Washington . * By Thad L. Beyle Separately Elected Officials cies to cut their 1992 budgets 10 percent be low current spending levels~'3 In less than a Not all that goes on in state executive week, she dropped out of the race for the branches is related to the governor. There are Democratic nomination for governor due to other officials who are elected statewide and the negative impact of her actions. 4 have policy and programmatic responsibilities In Idaho, the fight was between the Repub in state executive branches, over 500 of them, lican lieutenant governor and Senate Demo in fact, including 42 lieutenant governors, 43 crats over whether the former could break a attorneys general, 38 treasurers, 36 secretaries partisan tie (21-21) in the selection of a presi of state and 25 auditors. The states also elect dent pro tern of the Senate. Thking their ar 12 commissioners of agriculture, 16 comptrol gument to the state's Supreme Court, the lers, five land commissioners, four labor com Democrats felt that the leadership power missioners and one commissioner of mines. should be shared due to the tie. The Court Eleven states elect their public utility boards ruled in favor of the Republicans on the ques or commissioners. And while the numbers tion of whether the lieutenant governor has vary from year to year, in 1992, 11 states will the power to cast a tie-breaking vote on this elect state boards of election and 15 superin question as provided in the state's constitu tendents of education. I Some other officials, tion.s such as those in the post-audit function and When Vermont Gov. Richard Snelling died, some in the lieutenant governor's role, are ap Lt. Gov. Howard Dean (Vermont-D, 1987-91) pointed by the legislature. became acting governor, not governor, to fill out Snelling's two-year term. That state's con Lieutenant governors. In a continuation of stitution does not provide for full succession the politics of so many states at the top of the to the governorship. Dean, who had been a state executive branch, the relations between part-time legislator and then lieutenant gov Gov. Wallace Wilkinson (Kentucky-D, 1987- ernor, continues to teach medicine at the Uni 91) and then lieutenant governor and now Gov. versity of Vermont and operate a private Brereton Jones (D, 1991-) were very uneasy. practice with his wife. 6 However, Jones did block Wilkinson's at In the 1990 elections, four state senators tempt "to overturn the state's one-term-and moved up to the office of lieutenant governor; out rule for gubernatorial incumbents" from three of them preside over the chamber in his position as legislative leader.2 which they previously served. 7 In the 1991 Lt. Gov. Evelyn Murphy (Mass.-D, 1987-91) elections, three new lieutenant governors were took command of that state's executive branch selected, two by the voters in Kentucky and when Gov. Michael Dukakis was in Germa Louisiana, and one by the Mississippi state ny on a trade mission with a group of busi legislature when no candidate won over 50 nessmen and announced her own plans to percent of the general election vote as re rescue the state's ailing finances. As acting quired by the state constitution. Eddie Briggs, governor, she proposed executive orders "to slash the state work force and cut salaries for Thad L. Beyle is a professor of political science, some state workers ... (and) also asked agen- The University of North Carolina at Chapel Hill. The Council of State Governments 57 EXECUTIVE BRANCH the Republican candidate in that race, led of interest. The court upheld the decision of with 49.3 percent of the popular vote to 41.5 the attorney general. 11 percent for Brad Dye, the Democratic incum The 43 elected attorneys general in 1992 in bent. Dye conceded the election, and despite cluded five women and 38 men (29 Democrats; strong Democratic control- 81 percent of all 14 Republicans), all attorneys. Attorney Gen legislators - Briggs was named lieutenant eral Susan Loving of Oklahoma was appointed governor by the legislature. In Montana, the to fill the vacancy when the incumbent resign lieutenant governor, Allen Kolstad, received ed. All seven attorneys general who sought the a federal appointment and was replaced by governorship in the two-year period lost, as gubernatorial appointee Dennis Rehberg. Only did the two former attorneys general. 12 two of six lieutenant governors who sought the governorship in the two-year period were Secretaries of State. In 1991, the National successful. 8 Association of Secretaries of State and The The 42 lieutenant governors in 1992 includ Council of State Governments issued a report ed seven women and 34 men, and one open based on a survey of the office in the 50 states seat due to the elevation of Lt. Gov. Dean to and four territories. In those states where the Vermont governorship. There were 23 many of these duties are performed by the Democrats, 16 Republicans, two Independents lieutenant governor's office, information was (Jack Coghill of Alaska and Eunice Groak of provided by that office. The report spells out Connecticut, who both ran as members of a the electoral, legislative, registration, filing governor-lieutenant governor team in the and licensing, publishing and additional duties general election), plus the open seat. These of the offices. 13 lieutenant governors represent a variety of oc The 36 elected secretaries of state in 1992 cupations including 14 lawyers, 12 from busi included 10 women and 26 men; 21 Demo ness, four from education, three self-styled crats and 15 Republicans. 141Wo of the women public officials, two working in insurance, an were minorities, March Fong Eu (Califor accountant/CPA, a contract administrator, nia-D, 1975-), the first Asian/Pacific Islander an engineer, an independent lobbyist, one in woman ever elected to a statewide executive public relations, a rancher, and the physician position, and Stephanie Gonzales (New Mexi who became governor.9 co-D, 1991-), who is Hispanic. IS Their occu Attorneys general. Two state supreme court pations include eight educators, eight lawyers decisions upheld the powers of their state's at and eight self-styled public officials, two ac torney general at the expense of other state countants/CPAs and two in communications, officials. Alabama's Supreme Court ruled a businessman, an economic consultant, a that the attorney general "has the power to farmer, a leasing manager, a nurse, an office manage and control all litigation on behalf of manager, a pharmacist, and a secretary. 16 Two the state:' The case concerned the state's ap secretaries of state were successful in their pointed insurance commissioner instituting a campaigns for governor in the two-year peri mandamus proceeding "in an appellate court od, a former secretary of state was not. 17 to seek review of a trial court order.' The court There has been continuing ferment in Wis ruled the attorney general had the authority consin as some state legislators have been try to dismiss the proceeding even though the ing to kill the office and redistribute its duties commissioner objected to the dismissal. 10 to other offices in state government. However, In Iowa, the state Supreme Court upheld since such a proposal needs a positive vote in the attorney general's authority to intervene two consecutive legislative sessions, and then as a separate party in a licensing board's de voter approval, acceptance of the proposal is cision. The case concerned the attorney gen unlikely. 18 eral's filing a petition to have the board rehear a decision and to have the board represented Treasurers. In 1990, Mississippi voters fi by outside counsel due to a potential conflict nally eliminated the constitutional provision 58 The Book of the States 1992-93 EXECUTIVE BRANCH that the treasurer and the governor had to Auditors. A recent study of the office of count state revenues twice each year - by auditor at the state and local levels of govern hand! 19 Two treasurers who sought the gov ment found a trend toward auditors being ernorship in the 1990 elections won, while in more activist in their approach. Activist audi cumbent treasurers in Oklahoma, Nebraska tors are more likely to identify "major social and Wisconsin were defeated in their bids for and policy problems in their jurisdiction; reelection due to scandals in their office. 20 ... go beyond the mandate of an audit in The 38 popularly-elected treasurers in 1992 itiated by an outside authority; ... self initi included 14 women and 24 men (23 Demo ate important audits; . . . issue special reports crats; 15 Republicans). Their occupations in such as budget surveys and/or reports on clude 12 self-styled public officials, seven financial trends; . . . adhere to generally ac accountant/CPAs, six lawyers, five business cepted government auditing standards; and persons, two ranchers, a banker, a college ad ... see the public (and its representatives) as ministrator, a marketing analyst, a researcher, their ultimate clients ... ,,24 a security agent and a teacher.21 While author Edward M. Wheat argues that "not all auditors are performance audi Education. How chief state public school tors; and not all performance auditors qualify officers are selected continues to be the sub as activist auditors;' he does indicate that, in ject of controversy in many states, as this 1990, 36 states did have "an active, formal function has so many elected and appointed performance audit or evaluation function:,25 officials at the top of state government in Specifically cited was a 1986 performance volved in policy development and adminis audit by the Tennessee Department of State tration. As of 1990, these education "CEOs" Audit. 26 were selected in the following manner: 15 The 25 elected auditors in 1992 included elected by the public; three appointed by the five women and 20 men.27 In the two-year governor alone and four by the governor with period, four state auditors ran for governor legislative approval; 23 appointed by the board with only one being successful, Arne Carlson of education alone, three appointed by the (R) of Minnesota. 28 board with the governor's approval, and two appointed by the board with legislative ap Executive Branch Reorganization proval. The 15 separately elected superinten dents of public instruction in 1992 included During the biennium, several governors sug eight women and seven men. gested reorganization of portions of the state To further confound the question of who executive branch to help balance the state has responsibility, the state boards were select budget. Some common threads of these pro ed in a variety of ways: 11 were elected; 32 posals included: moving the Medicaid func were appointed by the governor; two were ap tion away from welfare, either into a separate pointed by the legislature; three had a mixed department or into the health department; method; and one was elected by local boards. trying to reduce the number of agencies either One state, Wisconsin, has no statewide board. by eliminating several small boards or com What this all adds up to is 10 separate models missions, or creating an umbrella agency and in the states as to how public education is gov merging them into it; or eliminating boards erned.22 and commissions in favor of a single appoint In Kentucky, an overhauling of the educa ed agency head. 29 tion system reduced the role of the elected Since 1985, every state has had some sort superintendent of public instruction to "a of program implemented, office established, figurehead;' while upgrading the state's Board or executive action taken to reorganize, im for Elementary and Secondary Education prove productivity, and/or improve the man and providing for an appointed commissioner agement of state government. The National of education to head the Department of Edu Governors' Association reported that 14 states cation.23 indicated some action in reorganization, 23 The Council of State Governments 59 EXECUTIVE BRANCH established an external commission to review what the state, its economy and its citizens organization, productivity or management, may be facing in the years to come. State lead and 14 developed internal efficiency programs. ers feel these efforts are important for sever Twenty-nine of these efforts were started in al reasons: helping them anticipate changes; this most recent two-year period.30 helping them set goals; aiding them in mak While specific reorganization proposals ing "more informed and wiser decisions"; en were made in Maine, Michigan, Mississippi, hancing communication throughout "state New Jersey, New Mexico, Oregon, Rhode Is government and with the public"; and because land, South Carolina, Utah, Virginia and these efforts are "needed now more than ever West Virginia in the past two years, only a few in an era of so-called 'Fend For Yourself Fed were adopted. In 1991, Gov. Pete Wilson (R) eralism: ,,37 was able to merge three independent boards There are several models among the 31 such into a California Environmental Protection entities developed in the states over the past Agency,31 and Pennsylvania's Department of two decades: the state futures commission Environmental Resources was reorganized. model, which is created outside of state gov As noted earlier, Kentucky undertook a re ernment and involves a broad range of private structuring of the state Department of Edu citizens and public officials; the executive cation, and Tennessee created a Department branch model, tied to the state planning and! of Youth Development. 32 Gov. Evan Bayh (D) or policy effort; the executive agency model, of Indiana was able to combine the depart in which specific agencies engage in foresight ments of human services, public welfare, and activities in such areas as economic develop mental health into a single Family and Social ment or health; the legislative branch model, Services Department. 33 much akin to the executive branch model, but However, some proposals were defeated. In with the goal of helping the legislature; the North Dakota, voters soundly rejected a pro judicial branch model, which focuses on the posed constitutional amendment calling for a criminal justice system and its future; and the reorganization of the state executive branch. 34 private sector model established entirely out And in Michigan, Gov. John Engler (R) found side of government by private citizens with an his proposal to reorganize the Department of interest in state government. 38 Natural Resources enjoined by a state circuit These efforts take a longer viewpoint and court decision. He is appealing the decision to can set longer-term goals than the policy the state Supreme Court to protect the "integ agenda techniques readily available to most rity of a governor's power to make organiza governors and state legislatures. 39 But to be tional changes within the executive branch:,35 effective, longer-range and shorter-range pro In a new twist, Maryland Gov. Donald cesses must be brought together so each in Schaefer (D) has initiated a management ex forms the other. periment in which cabinet members trade jobs for a month, and then make suggestions Open Government for changes and improvements in the visited Issues concerning the openness of govern department based on their experience. Initial mental decision-making processes and records results indicate that while some cabinet mem continue to be part of the state agendas, and bers worried about intrusions onto their turf, openness does not always win. In Florida, a a side benefit was the "renewed vigor and state Supreme Court decision held that the fresh ideas for the other people's bailiwicks:'36 state's open records law does not apply to the constitutional offices of the courts, the legis Looking to the Future lature, the governor and the cabinet; it applies Many states are developing a more sophisti only to those agencies created by statute. This cated approach to identifying what may be was not a final decision, however, as the Court around the corner. Called by many names, the has granted a rehearing on the issue. 40 In Vir common goal is to develop a way to anticipate ginia, the governor's telephone records were 60 The Book of the States 1992-93 EXECUTIVE BRANCH declared exempt from the state's Freedom of gation was dropped, but his popularity among Information Act. The Court argued that such the voters suffered.48 coverage would violate the constitution's sepa Alabama Gov. Guy Hunt (R, 1987-) was ration of powers provision, and that making challenged by the state ethics commission such information available "could have a chill over his use of a state airplane for preaching ing effect on the governor's use of the tele engagements. Hunt repaid the state for the phone for conducting the Commonwealth's use of the plane with "offerings" he received business over the telephone:,41 while preaching.49 Former Rhode Island Gov. However, the Michigan Board of Regents Edward DiPrete (R, 1985-91) was fined $30,000 lost a battle over secrecy when the state Su by the state's ethics commission "for steering preme Court ruled the Board had circumvent state contracts to two political cronies" and ed the state's Open Meetings Act by using for not filing a conflict-of-interest statement. 50 "telephone calls and subquorum meetings:' In Louisiana, the insurance commissioner The case in point was the search for a new was convicted of corruption, specifically of university president. The decision does not in money laundering, conspiracy and mail fraud validate that search, but does mean that all in connection with the collapse of an insur future searches must be made public. The ance company from which he took campaign Regents have asked the Court to reverse the contributions and granted regulatory favors. 51 ruling due to the delicate nature of such In New Jersey, a former deputy attorney gen searches and the unwillingness of many can eral was convicted of racketeering, and in Ten didates to have their candidacy made public. 42 nessee, the secretary of state committed suicide after being linked to a corruption case. 52 Ethics In what must seem like deja VU, the gover Over the two-year period, several members nors of North Carolina and West Virginia of the state executive branch found them have had major problems in their state cor selves caught in questionable ethical situa rections departments, leading to a series of tions. For some, it helped end their bids for forced resignations of top officials. 53 reelection. Included were the treasurers of States continue to respond by establishing Oklahoma (investment scandal),43 Nebraska codes of ethics and ethics commissions, and (in which allegations of misuse of state tele trying to control the role and impact of money phones were plea bargained by the incum in political campaigns. On the ethics side, the bent), and Wisconsin (in which the long term latest state to do so is Texas, where voters in incumbent's work habits and improper use of 1991 approved by a somewhat narrow margin state phones led to action by the state ethics (53.5 percent to 46.5 percent) the establish board).44 The attorney general of Arkansas ment of an ethics commission to review the was convicted of using state government funds conduct of lobbyists, candidates and elected for personal meals, vacations and gifts.45 officials. 54 On the political money side, flori Two governors have been dogged by allega da legislation has reduced the limits on con tions of wrong-doing prior to taking office. tributions by individuals, PACs and corpora In Arizona, Fife Symington (R, 1991-) has tions to state candidates, and has created a seen his popularity dwindle due to allegations fully funded public campaign finance system that he used his position on the board of a that limits spending to $2 million for each savings and loan bank with "reckless aban candidate for a cabinet seat and $5 million for don:' Several of his actions as governor also governor. 55 Other states also are considering have raised additional questions.46 In Okla controls on political money. homa, David Walters (D, 1991-), the target of Two states found some interesting twists an investigation into campaign finance irregu to their ethics in government situations. In larities, has made a series of appointments of Rhode Island there have been so many scan "max contributors" to various state positions dals that the state Ethics Commission found which have hurt his credibility.47 The investi- that it would run out of money before year's The Council of State Governments 61 EXECUTIVE BRANCH end. The tab to keep the Commission running General may intervene on judicial review of License Board Decisions:' State Constitutional was estimated at $50 million in a state with Law Bulletin 5:4 (January 1992), 4. serious financial difficulties. If new funds 12 They were: Don Siegelman (D) of Alabama, were not forthcoming, the Commission would John Van de Kamp (D) of California, Neil Hartigan have to sue the state as the state's Constitu (D) of Illinois, Tom Miller (D) of Iowa, Anthony tion requires there be an ethics commission. 56 Celebrezze (D) of Ohio, Dave Frohnmayer (R) of In South Carolina, that state's ethics law is Oregon, and Jim Mattox (D) of Texas; the two causing problems in higher education as it re former attorneys general who lost were Francis stricts faculty and other scholars' ability to Bellotti (D) of Massachusetts and Paul Bardacke accept funds for travel and honoraria for at (D) of New Mexico. tending conferences or presenting research 13 National Association of Secretaries of State, Secretary ofState: The Office and Duties (lexing results. The law stipulates that one "may not ton, KY: The Council of State Governments, 1991). accept anything of value related to perfor 14 National Association of Secretaries of State, 2. mance of ... official duties!'57 15 Center for the American Woman and Poli tics, Fact Sheet: "Women of Color in Elective Notes Office 1990:' (New Brunswick, NJ: Eagleton Insti I Thble 1, "Methods of Selection and Length of tute of Politics, Rutgers University, October 1990). Terms for Chief State Public School Officers and 16 Dag Ryen, 12; Kathleen S. Connell, "A for State Boards of Education:' North Carolina In Proud Nurse;' in Letter to the Editor, State Govern sight 12:3 (September 1990), 8-9. ment News, 35:4 (April 1992),6. 2 Rob Gurwitt, "Brereton Jones: Tough Enough:' 17 The two winning secretaries of state were Jim Governing 5:4 (January 1992), 19. Edgar (R) of Illinois and Barbara Roberts (D) of 3 Associated Press, "With Dukakis away, acting Oregon; the losing former secretary of state was chief will plaY,' Virginian-Pilot and the Star Ledger Jack Raines (R) of Texas. (September 8, 1990), A8. 18 William Schureman, "In Briefs: Wisconsin;' 4 Associated Press, "Mutinous Murphy gives Comparative State Politics 11:5 (October 1990), up the ship, drops out of Mass. governor's race:' 49-50. Durham Morning Herald (September 11, 1990), 19 "Constitutional Amendments;' State Con A5. stitutional Law Bulletin 4:4 (December 1990), 5. 5 "Partisanship is alive and well in IdahO;' State 20 "Final election results: Oklahoma;' USA Legislatures 17: (March 1991), IN3. WDAY (November 8, 1990), 9A. 6 Bethany Kandel, "Vermont's 5-term governor 21 Dag Ryen, 13. dies:' USA TODAY (August 15, 1991), 3A. 22 Thble 1 and Thble 2, "Methods of Selection 7 "Some senators became lieutenant gover and Length of Terms for Chief State School Offi nors:' State Legislatures 17:1 (January 1991), 10. cers and for State Boards of Education;' North g The two successful candidates were Zell Mill Carolina Insight 12:3 (September 1990), 8-9, 18. er (D) of Georgia and Brereton Jones (D) of Ken 23 Tim Storey, "Kentucky Redesigns Its Schools;' tucky; those who lost in their bids were Steve State Legislatures 16:6 (July 1990), 47. McAlpine (D) of Alaska, Jo Ann Zimmerman (D) 24 Edward M. Wheat, ''Activist Auditor: A New of Iowa, Evelyn Murphy (D) of Massachusetts, and Player in State and Local Politics:' Public Adminis Robert S. Kerr, III (D) of Oklahoma. tration Review 51:5 (September/October 1991), 388. 9 Dag Ryen, "Who's running the statehouses:' 25 Wheat, 388-389. State Government News 35:2 (February 1992), 26 Wheat, 391. 11-13. 27 "Fact Sheet: Statewide Elective Executive IO Ex parte: Mike Weaver, as Commissioner of Women 1991:' 2. Insurance ofthe State ofAlabama (re: Sanderson 28 The three auditors who lost in their bids for v. Blue Cross-Blue Shield ofAlabama), No. 89-418, the governorship were: Pete Johnson (R) in Mis October 12, 1990. See ''Alabama holds the Attor sissippi; Barbara Hafer (R) in Pennsylvania; and ney General controls the conduct of all state liti Terry Williams (R) in Tennessee. gation;' State Constitutional Law Bulletin 4:4 29 "Reorganization and Cost Saving:' State (December 1990), 2. Policy Reports 9:6 (March 1991),4-5. II Fisher v. Iowa Board of Optometry Examiners, 30 "Efforts to Improve Management:' Gover 476 N.w. 2d 48 (Iowa 1991). See "Iowa Attorney nors' Weekly Bulletin 25:36 (September 13, 1991),2. 62 The Book of the States 1992-93 EXECUTIVE BRANCH 31 Richard W. Gable, "California: Pete Wilson, WDAY (November 8, 1990), 9A. California's New-Breed Republican;' in Thad L. 44 "Zeuske Ousts Smith as State Treasurer,' The Beyle, ed., Governors and Hard Times (Washing Milwaukee Journal (November 7, 1990), B5. ton, D.C.: CQ Press, 1992), 46. 45 Amy E. Young, "In the States;' Common 32 "Efforts to Improve Management;' 2. Cause Magazine 17:3 (May/June 1991),41. 33 Matthew Davis, "Governors Cite 1991's Major 46 Ruth S. Jones and Katheryn A. Lehman, "J. Accomplishments: State Management;' Governors Fife Symington III: The CEO Approach;' in Thad Bulletin 26:3 (January 31, 1992), I. L. Beyle ed. Governors and Hard Times (Washing 34 "North Dakota voters take a dim view of ton, D.C.: CQ Press, 1992), 38-41. governor's explanations;' State Legislatures 16:2 47 Richard Johnson, "Oklahoma Governor in (February 2, 1990), ll. Hot Water,' Comparative State Politics 12:4 (Au 35 "Engler Asks Michigan Court To Reverse gust 1991), 19-20. Decision;' Governors' Bulletin 26:5 (March 2, 48 Debbie Howlett, "Governors' year almost as 1992),4. bad as Gorbachev's:' USA WDAY (December 26, 36 "Shaking up the bureaucraci,' State Legisla 1991),6A. tures 17:12 (December 1991), 10. 49 Mark Mayfield, "Preaching, politics don't 37 Keon S. Chi, "Foresight in State Govern mix in Ala.;' USA WDAY (September 23, 1991) ment;' The Journal of State Government 64:1 and Howlett, 6A. (January/March 1991), 3. 50 Amy E. Young, "In the States - Rhode Is 38 Chi, 3-8. See also Chi, "Road maps to land Issues and SOS;' Common Cause Magazine tomorrow,' State Government News 34:10 (Novem 18:1 (January/March 1992), 29. ber 1991), 31. 51 Larry lYe, "A tide of state corruption sweeps 39 James 1. Gosling, "Patterns of Stability and from coast to coast:' The Boston Globe (March 25, Change in Gubernatorial Policy Agendas;' State 1991), I, 16. and Local Government Review 23:1 (Winter 1991), 52 Tye, 16. 3-12. 53 Van Denton and Pat Stith, "Correction chief 40 Locke v. Hawke, consolidated with Florida says Marting aide urged major firings;' (Raleigh) House of Representatives v. Gordon, Judge Case News and Observer (February 22, 1992), lA, llA, Nos. 76,090, 76,803, 1991 WL 231589. See "Flori and Associated Press, "WYa. prison officials resign da's open records law does not apply to courts, leg following escape;' (Raleigh) News and Observer islature, governor, or cabinet;' State Constitutional (February 22, 1992). Law Bulletin 5:4 (January 1992), 2. 54 "Election '91: State-by-state results from 41 Taylor v. Worrell Enterprises, Inc., 409 S.E. Thesday's voting:' USA WDAY (November 6, 2d 136 (Va. 1991). See "Virginia's Open Records 1991),4A. Law Inappropriate to Governor's Telephone Rec 55 T.K. Wetherell, "Florida Takes the Big Money ords;' State Constitutional Law Bulletin 5:4 (Janu Out of Political Campaigns:' State Legislatures ary 1992), 1-2. 17:8 (August 1991), 44. 42 Mary Crystal Cage, "Court rules that U. of 56 "Rhode Island Ethics Commission is over Mich. violated state open meeting act;' Chronicle spending its budget:' State Legislatures 18:4 (April of Higher Education 38:24 (I The Council of State Governments 63 EXECUTIVE BRANCH REORGANIZATION IN THE STATES, 1965-1991 Perspectives on the Benefits and Limitations of Major Reform Initiatives By James K. Conant Over the past 75 years, there have been ap occurred in the states between 1965 and 1991. proximately 170 attempts to reorganize the In these initiatives, constitutional and statu executive branch of government in the states. tory changes required to authorize the reorga Generally speaking, these reorganization ini nization were approved by a state's legislature tiatives have been advanced as a means of and voters. Consequently, the goals, process reducing waste, duplication, overlap and in and results of these 26 initiatives provide a efficiency in government. Yet, even though the valuable data base for deriving some perspec pursuit of improved administration in govern tive on the benefits and limitations of execu ment may seem highly desirable, these reform tive branch reorganization. initiatives have been rejected or ignored by state legislatures much more often than they History of State Executive Branch have been approved. While the "success" ratio Reorganization has improved dramatically in the past 25 years, Attempts to overhaul the executive branch the outcome of such initiatives remains un of state governments have occurred in five certain, as demonstrated recently in states like waves: 1914-1936, 1937-1946, 1947-1964, 1965- Oklahoma, Washington and South Carolina. 1979, and 1980-1991 (Garnett 1980, Conant A principal reason executive branch reorga 1988, 1992). The 26 successful reorganizations nization initiatives in the states have failed is examined in this essay are part of the fourth that state legislatures have ignored or rejected and fifth wave. Twenty-one of the 26 fall with them. While the advocates of executive branch in the fourth wave, and include Arkansas, reorganization initiatives - such as reorgani California, Colorado, Connecticut, Delaware, zation commissions, governors and citizens Florida, Georgia, Idaho, Kentucky, Louisi groups - focus on administrative effective ana, Maine, Maryland, Massachusetts, Michi ness, efficiency and economy, state legislators gan, Missouri, Montana, New Mexico, North are likely to view the matter in very different Carolina, South Dakota, Virginia and Wis terms. They are likely to see it as an issue of consin (Garnett 1980, Conant 1986a). The institutional power, or as a political, rather five states included in the fifth wave are Iowa, than administrative issue. In fact, fundamen Mississippi, Washington, West Virginia and tal political and administrative questions lie Wyoming (Conant 1992). at the heart of efforts to reorganize the execu It is important to note that executive branch tive branch. The distribution of power be reorganization initiatives have been proposed tween the executive and legislative branches or are currently under consideration in a num in a state has had and will continue to have ber of states, including Georgia, South Caro a very direct impact on administrative per lina and Texas. At this point, these initiatives formance. This essay focuses on 26 "successful" ex James K. Conant is an associate professor, Depart ecutive branch reorganization initiatives that ment of Political Science, University of Oklahoma. 64 The Book of the States 1992-93 EXECUTIVE BRANCH cannot be formally added to the list of suc and a span of control far greater than any cessful reorganizations but they do provide an president could successfully handle. There important backdrop for this discussion. South were, as the Committee noted in its 1937 re Carolina is a particularly interesting case for port, more than 100 executive branch agencies several reasons. All seven major executive and departments. To remedy these problems, branch reorganization initiatives launched the Committee recommended that the execu over the past 100 years have been defeated or tive branch organizations be consolidated ignored by the legislature. One consequence into a much smaller number of functionally is that the state's governor is probably the integrated departments. nation's weakest in terms of formal power; In addition to concerns about executive another is that the state's administrative or branch structure or design, however, the ganization is highly fragmented. Brownlow Committee was interested in the distribution of power between the president Intellectual Roots of State Executive and the Congress. Since we have become ac Branch Reorganization customed to a national government in which the president has the capacity to be a very James Garnett (1980), principal author of powerful actor in the administrative realm, it the wave theory of executive branch reorgani may be difficult to understand what was at zation in the states, has noted that reorgani stake here. At the time the Brownlow Com zation initiatives at the national level provided mittee was writing, however, Congress was, the impetus for the first three waves. The Taft and had been since the early days of the Commission's work was a stimulus for the American Republic, the dominant institution first wave, the Brownlow Committee's for the in both the formulation and administration second, and the first Hoover Commission's for of public policy. the third. Changes in national policy, rather The Committee had serious reservations than executive branch reorganization initia about the "ability of legislatively controlled tives, have been a key stimulus for the fourth governments to get things done" (p.29). Fur and fifth waves (Conant 1988). thermore, it maintained that the dominance The Brownlow Committee (1937) took the of the legislative branch in administration ran view that administrative effectiveness and effi contrary to the "clear intent of the Constitu ciency could be improved by following a set tion" (Meriarn and Schmeckebier 1939, p. 18). of administrative principles. The principles, In the Committee's view, a strong democracy articulated by Luther Gulick and Lyndall Ur required "a responsible and effective chief ex wick in Papers on the Science ofAdministra ecutive as the center of energy, direction, and tion (1937) were: specialization of labor; unity administrative management" (The President's of command; a limited span of control; and Committee, 1937, p. 1). work division (and coordination) on the basis of purpose, process, place or person (clien The Pre-Reform Situation in the States tele). The Committee noted that even though these principles were well known, they were The rhetoric of the state executive branch not being followed in the national govern reorganization initiatives in the fourth and ment. fifth waves shows that many of the reformers For example, the Committee argued that accepted the view that the chief executive had the executive branch of the national govern to be the "center of energy, direction, and ad ment had "grown up without plan or design ministrative management" if administrative like the barns, shacks, silos, tool sheds and effectiveness and efficiency were to be im garages of an old farm" (The President's Com proved. To realize this objective, however, state mittee, P. 29). When Congress created a new reformers had to overcome a problem that program, it frequently created a new agency was not a major hurdle at the national level. to administer that program. The result, the At the national level, the limitations on the Committee noted, was a haphazard structure chief executive's formal power were primarily The Council of State Governments 65 EXECUTIVE BRANCH established through statutory provisions and advocates like A.E. Duck (1938), the reform custom. At the state level, the limitations on ideal consisted of six principles: (1) concen the chief executive's power were established by tration of authority and responsibility in the explicit constitutional provisions, as well as hands of the chief executive; (2) departmen statutes and customs. talization or functional integration of inde The constitutional limits on the formal pendent agencies; (3) elimination of boards powers of the states' chief executives were the or commissions for purely administrative result of the colonial heritage, the Progressive work; (4) coordination of staff services; (5) in movement and legislative action. The consti dependent audits; and (6) recognition of the tutional framers in the original 13 states, as governor's cabinet. 2 Not all state reformers well as the framers in many states that joined used the reform ideal for framing their plan, the union in latter years, were suspicious of however; some used the "traditional" model, executive power. Their experience with the others the "secretary/coordinator" model. In British monarchy was the principal reason for historical terms, the traditional model has this suspicion. The result was that "early state been used most frequently, the cabinet model executives were provided very few powers" somewhat less, and the secretary/coordinator (Beyle 1983). For example, gubernatorial terms relatively infrequently (Garnett 1980, Conant often were limited to one or two years, and in 1986b). some states, governors could be limited to a single term. rable A In addition to these early constitutionallimi Models and the Reform Ideal tations, the 19th century reform movement Secretary/ Cabinet coordinator Traditional brought with it an increase in the number of Number of Agencies Low Very low Moderate separately elected executive branch officials Degree of Functional such as the attorney general, secretary of state, Consolidation High High Moderate/low Gubernatorial Appointment state treasurer and superintendent of educa of Department Heads High Moderate Low tion. Furthermore, as state legislatures re Number of Departments sponded to constituent demands and public with Single Executive High High Low/moderate Department Executive's problems, they created a host of new pro Control over Con~olidated grams, and with them a host of new agencies Department High Low Low and departments. In many states, executive branch agencies As Table A shows, the traditional model grew to number 100, 200 or even 300 before calls for less dramatic structural and legal a reorganization occurred. During the later modifications than those prescribed in the 1800's and throughout the 1900's, state legis cabinet model. 3 In the traditional, some func latures generally established boards and com tional consolidation (reduction in the number missions as the governing body or executive of agencies) and some expansion of guber to oversee the programs and agencies they natorial appointment power are considered. created, and they frequently reserved for them However, elimination of all elected constitu selves the power to appoint board and com tional officers, boards and commissions is not mission members. In short, the pre-reform considered necessary or even desirable. position of most governors was that they had There are two principal reasons why the very little power to influence most executive traditional model has been employed more branch agencies. I frequently than the cabinet model as the struc tural objective of state executive branch re Models of Executive Branch Reform organization initiatives. The first is tactical. Given the situation described above, what Reorganization initiators hoped or assumed George Bell (1974) has retrospectively labeled that state legislators would find a change from the "cabinet" model of government became a pre-traditional (or pre-reorganized) stage to the reform ideal for the states. Advanced by the traditional model more palatable than a 66 The Book of the States 1992-93 EXECUTIVE BRANCH more comprehensive change. The second rea the reform initiatives. The data are displayed son is that some, perhaps even many, of the in Table B, and a brief summary of each area reorganization commission members them is presented. selves were not prepared to endorse the sub Data on the origins and goals include the stantial expansion of executive power called dates the reorganization was initiated and for in the cabinet model. authorized, the time that elapsed from the In short, the degree of change called for in previous reorganization (germination period), the reorganization seems to have been a key the initiator of the reorganization, the prob sticking point. An historical lesson might be lems the reform was designed to correct, and worth highlighting. There seems to be a logi the structural objective of the initiative. Data cal progression or sequence with respect to ex on the reorganization process include the ecutive branch reorganization in the states. authorization mechanisms required for ap While a few states have moved from a pre proval of the reorganization plan and the level traditional structure (and constitution) to a of conflict between the legislature and the cabinet structure, the move from pre-tradi chief executive. Data on the results include the tional to traditional seems to have been much amount of savings achieved (compared to the more common. Achievement of the traditional amount expected), the degree of agency con structure does not seem to be the end of the solidation achieved (the number of agencies story, however. After this reform point is before the reorganization compared to the reached, momentum seems to build over time number of departments after), and the num for a second stage of reform, the move to a ber of department heads appointed by the cabinet model. governor. In historical terms, there has been a third Origins and Goals option for states, the secretary/coordinator In most of the 21 reorganizations included model. In this model, maximizing functional in the fourth wave, the passage of the reorga consolidation is the principal objective, with nization bill and approval of the constitution all state agencies grouped into a few super al changes required to implement the reform departments or agencies. Gubernatorial and was a bittersweet victory for reform advo secretarial control over individual agencies cates. Many of these reformers had experi often is limited, however. For example, previ enced "decades of frustration" during which ously independent agencies may be consoli reorganization proposals were launched with dated into a super department, and the gov some fanfare, and then defeated or ignored by ernor may gain the power to appoint the the legislature. 4 Indeed, the average germina department secretary. The power to appoint tion or development time for these 21 execu the heads of the main operating units within tive branch reorganizations was 45 years. the departments (the agencies), though, may As shown by the rhetoric of reorganization remain outside the governor's control. Addi initiatives, unplanned growth, waste, duplica tionally, the agencies may retain control over tion, overlap and inefficiency were problems their own budgets. In such cases, the gover the reformers wanted to overcome. Since the nor's appointee (department secretary) has fragmentation and diffusion of both agencies the difficult task of coordinating policy or ad and executive authority were generally regard ministration without much formal power. ed as the cause of these problems, the cure was to streamline the structure (consolidate The Fourth Wave of State Executive agencies into departments) and expand execu Branch Reorganization: 1965-1979 tive power. Existing scholarship on the 21 successful Efforts to expand the chief executive's for state executive branch reorganizations that mal power may have included an expanded occurred between 1965 and 1979 includes data term, a larger staff or new staff agencies, and on the origins and goals of those initiatives, the authority to develop executive budget rec the reorganization process and the results of ommendations. The most important of the The Council of State Governments 67 EXECUTIVE BRANCH Tabl. B Th. Fourth Wa.. : Execud .. Branch Reorganlzadon Origins, Goals, Process Ind Results Number of: agencies before Reorganization reorganization; date/ Guberna(oria/- Level of departmen/~' germination Structural Authorization legis/alive projected/ gubernatorial State period (a) Initiator Problems/goals objective mechanism conflict actual savings appointees Michigan 1963-1965 Governor Weak Governor, Traditional Const. Arndt., High None! 104/19/10 40 yrs. fragrnentation/Gub. Statute, Exec. No study control, efficiency Ord. Wisconsin 1967 Governor Proliferation, Traditional Statute High 53-17/ 85/30/5 37 yrs. overlap, dupl./ No study Responsiveness, economic, efficiency, modernization California 1966-1968 Governor Overlap, dupl./ Secretary, Statute, Low None! 8 (b)/4 «)/4 5 yrs. Economic, efficiency, Coordinator Const. Arndt. No study effectiveness Colorado 1966-1968 Legislature Haphazard growth, Traditional Statute, Low Nonel 143/\7/9 25 yrs. diffusion of exec. Canst. Arndt. No study authorityl Gubernatorial authority commensurate with responsibility, modernjzation Florida 1968-1969 Governor, Number of agencies, ll-aditional Statute, High Nonel 200/23/6 83 yrs. Legislature unplanned growthl (hybrid) Const. Arndt. No study efficiency, effectiveness Massachusetts 1969 Governor Unplanned growth, Secretary, Statute High None, 200/9/9 50 yrs. primitive admin. coordinator additional processl cost! Modernization, No study efficiency, responsiveness Delaware 1969-1970 Governor Gov't bY commissionl Cabinet Statute Moderate Nonel 140/10/10 50 yrs. Cabinet government No study Maryland 1969-1972 Governor Proliferation, Cabinet Statute Low None! 246/17/12 28 yrs. ~~r~f:~a~~o~c. No study responsibilityl Modernization. responsive & responsible gOy't Montana 1970-1971 Governor Autonomous agencies, Traditional Const. Arndt., Low Nonel 188119/9 50 yrs. unplanned growthl Statute, No study Responsiveness, Exec.Ord. central direction, effIciency, effectiveness Maine 1970-1973 Governor Proliferation, Dupl.l Cabinet Statute Low S6rnil.I 200115 (d)/9 11 yrs. Effectiveness, No study economic. efficiency, modernization North Carolina 1970-1975 Governor Piecemeal growth, Traditional Statute. Low Nonel 200/19111 53 yrs. fragmentationl Canst. Arndt. No study Responsiveness, improved management, efficiency Arkansas 1971 Governor Adrnn. sprawl, Cabinet Statute, High None! 130/17/13 53 yrs. primitive adm. Const. Arndt. No study process! Modernization, economic, efficiency, effectiveness Virginia 1972 27 yrs. Governor Proliferation, dupl., Secretary, Statute Low 540-501 15017/6 boards &: commissions! coordinator No study Economic. efficiency Georgia 1972 Governor Unplanned growth, Traditional Statute Moderate $49 million 300/22116 40 yrs. oyerlap/Streamline (e)lMissing data South Dakota 1972-1973 Governor Piecemeal growthl Cabinet Canst. Arndt., Low None, 150122116 48 yrs. Modernization, Exec. Ord. Additional responsiveness. cost! economic, efficiency No study 68 The Book of the States 1992-93 EXECUTIVE BRANCH The Fourth WIo ..: Execuli.. Bra.ch Reorganization Origins, Goals, Process and Resulls-Continued Number of: agencies be/ore Reorganirption reorganizotion; date/ Gubernatorial- Level oJ departments; germination Structural Authorization {egislative projectedl gubernatorial Slole period (a) Jni/iator Problems/gools objective mechanism conflicl actual sovings appointees Kentucky 1972-/974 Governor Proliferation, Secretary, Exec.Ord. low None/ 60 (D/8/8 36 yrs. hodgepodge, dupl./ coordinator No study economic. efficiency. responsiveness Mjssouri 1972-1974 Governor, Fragmentation, Cabinet Statute, High Nonel 83 (h)/17 24 yrs. legislature dupl. overlapl Const. Arndt. No study (g) (i)/6 Gubernatorial control, economic. efficiency, effectiveness Idaho 1972-1974 Governor Haphazard growth, Traditional Statute, low Nonel 260124 Ul/9 50 yrs. autonomous agencies! Canst. Arndt. No study Modernization, efficiency, economic Louisiana 1974-1977 Governor, Autonomous agencies, Cabinet. Statute, low to $2 millionl 300/19111 50 yrs. legislature dupl.lModernization, Traditional New Canst. moderate No study responsiveness. economic, efficiency New Mexico 1972-1978 Governor Waste, dupl., Cabinet Statute low No figures 206118 50 yrs. fragmentation/ but savings (k)/12 Accountability, expected/ accessibility, efficiency No study Connecticut 1977-1979 Governor Dupl., overlap/ Traditional Statute Moderate No figures 26/22118 SO yrs. Accountability, but savings efficiency, effectiveness expected I No study Source: Compiled by the author from state documents and newspapers. al appointed cabinet secretaries. (a) Time since last reorganization. (g) Unofficial estimates-$7.5 million to $30 million. (b) Ei8ht super agencies plus five elected constitutional officers. (h) The 1945 reorganization established 10 departments, but they were (c) Four super agencies plus five elected constitutional officers and fi.. IImere paper assemblages~' other agencies. (i) There were 13 departments and four elected constitutional officers. (d) 12 departments and three elected constitutional officers. (j) 19 departments and five elected constitutional officers. (e) $60 million with revenue enhancements. (k) 12 principal departments plus six elected constitutional officers. (I) Eight elected department heads were grouped under gubernatori- powers, however, generally was considered to Support from legislative leaders and a ma be the ability to appoint and dismiss the heads jority of legislators is required to pass the of the consolidated departments. Nevertheless, statutory changes needed to proceed with the the structural objectives or model articulated reorganization. Thus, a low to moderate level by the reformers varied. The cabinet model of conflict seems, almost by definition, to be was the objective in seven states, while the tra an important factor in the "success" scenario. ditional model was the objective in eight. The In many of these successful executive branch secretary/coordinator was the model in four reorganizations, legislators - and particularly states, and in two others, the objective was a legislative leaders - played a role in the re hybrid of the other models, organization study or study commission and in the development of the reorganization plan, Process One of the most interesting pieces of data Results in Table B is the level of executive/legislative Data on the results of the reorganization conflict over the reorganization proposal. In initiatives, like those on the origins and goals 16 of the 21 states, conflict was either low or and process, are shown in Thble B. The data moderate. This may seen contrary to expecta in the last column show that a substantial de tions, since legislative opposition to reorgani gree of consolidation took place in all states. zation has been identified as a key factor in Indeed, in some, the numbers of departments the high failure rate of this type of reform ini and agencies before reorganization exceeded tiative. However, these 21 executive branch 300, while the numbers of departments (and reorganization initiatives were "successful" agencies) after reorganization was generally because they gained legislative approval. 30 or fewer. In the seven states where the tradi- The Council of State Governments 69 EXECUTIVE BRANCH tional model was the structural objective, the however, two reasons to mark the end of the governor gained the authority to appoint most fourth wave and the beginning of the fifth in cabinet heads or secretaries. In the states this manner. where the traditional model was the structural First, there is a time gap of six years be objective, the number of department heads tween the Connecticut reorganization of 1979 the governor could appoint after the reorgani and the Iowa reorganization of 1985. Second, zation ranged from approximately 25 to 60 the rhetoric (statement of problems to be percent. solved and objectives to be achieved) of the In most states, no savings were reported, at Connecticut and Iowa reorganizations differ least in part because no attempt was made to ed in a couple of key areas. In Connecticut, examine the results of the reorganization. like the other 20 reorganizations in the fourth Even in the four states where savings were ex wave, the principal problems were executive pected from the executive branch reorganiza branch fragmentation, duplication and over tion, no follow-up study was conducted. lap. These problems were to be addressed Can savings be achieved through an execu through the consolidation of the executive tive branch reorganization? On the basis of branch agencies and the expansion of guber existing studies on this topic, neither employ natorial control over those agencies. The ex ment reductions nor net reductions in state pected result was improved administrative spending are likely to result from a reorgani effectiveness and efficiency. zation initiative (Meier 1983, Conant 1986). Like the rhetoric of its predecessors in the Small or incremental savings in specific func fourth wave, that ofthe Iowa executive branch tional areas, agencies or departments might reorganization included concerns about frag occur, but those savings are likely to be spent mentation, duplication and overlap. There on unfunded program costs, etc. (Conant was, however, an additional problem identi 1986a). fied in Iowa - fiscal stress. Indeed, fiscal In fact, a more realistic presumption about stress appears to have been the driving force what will happen during the two- or three behind the reorganization. An important tip year executive branch reorganization process off here is that economy (savings), rather than is that state spending will go up, rather than administrative effectiveness or efficiency, was down. The spending increase is not caused by defined as the principal objective for the re the reorganization, however. It is the result of organization. ongoing legislative and administrative activi The reorganization in Wyoming seems to ty. While the reorganization process is grind parallel the Iowa case. In Wyoming, fiscal ing along, existing laws are modified and new stress was identified as the principal problem laws and new programs are passed. Most of the reorganization was designed to solve, and these actions have fiscal consequences and administrative economy was its principal ob push state spending up. Even cost-of-living jective. The more traditional problems and adjustments for state employees will increase objectives were not ignored in Wyoming, but costs. In short, governmental spending is like they seemed to be second tier objectives. Al ly to go up, rather than down, during an ex though the experiences of these states have ecutive branch reorganization (Conant 1986a). not been duplicated in the last couple of years, the use of reorganization to cope with The Fifth Wave of State Executive Branch fiscal stress (or to downsize) was considered Reorganization: 1980-Present by several states in 1990 and 1991. Among In this essay, the end of the fourth wave of those states were New Jersey and Oklahoma. executive branch reorganization is marked by In sum, it seems that a new or fourth mod the Connecticut reorganization of 1979; the el of executive branch reorganization has beginning of the fifth wave is set in the fol emerged - one that is driven by fiscal stress lowing year. This is a new demarcation, and and is focused on downsizing state govern may be somewhat controversial. There are, ment employment and spending. It also seems 70 The Book of the States 1992-93 EXECUTIVE BRANCH reasonable to think that this model of execu ernment has a "horse and buggy" constitu tive branch reorganization will be considered tion from 1895 that "no longer provides a in a number of states during 1992 and 1993. framework for effective and efficient govern Many states are facing severe fiscal stress, and ment" (Edgar and Graham, The State, Aug. any option perceived by governors or their 31, 1990). Indeed, the leading newspaper in staff as a potential tool for reducing govern the state has described the current situation ment spending is likely to be considered. Fur as a "power failure" that needs to be remedied thermore, given the cyclical nature of the (The State, Dec. 15, 1991 and Jan. 15, 1992). economy, it seems reasonable to assume that The remedy that has been proposed by the a new cycle of economic growth during the state's current governor (Carroll A. Campbell, 1990's will be followed by another recession. Jr.) and the South Carolina Commission on The latter will again spur a search for ways to Government Restructuring is an executive reduce state government spending, and some branch reorganization. The structural objec chief executives undoubtedly will think of re tive of the reorganization is the cabinet mod organization as a means for downsizing. 5 el. The underlying objective of the proposed At the same time, it is important to note executive branch reorganization is to stream that three of the five states included in the line the executive branch and to enhance the fifth wave fit the more traditional approach governor's ability to make state administra to executive branch reorganization. The rhet tion more effective and efficient. oric of those three reorganizations was simi For several reasons, the prospects for a suc lar to that of the 21 states in the fourth wave. cessful outcome are higher this time than they Furthermore, a brief examination of the rhet have been at any time in the past. Among oric in the prospective sixth state in this wave, those reasons are the fact that key legislative South Carolina, shows that the reorganiza leaders have been fully involved in the proc tion is not aimed at downsizing. Rather, it is ess and support the initiative. Another is that aimed at improving administrative effective an active and highly visible public debate on ness and efficiency through improved admin the issue is in progress. It is a debate that has istrative management (State Reorganization been generated in large part through the care Commission 1991). ful, effective and ongoing examination of the current "power failure" by the state's leading The South Carolina case is important for 6 another reason. It highlights the circumstances newspaper. and problems of states that have not had a successful executive branch reorganization The Benefits and Limitations of Executive initiative during this century, and have not Branch Reorganization moved from a pre-traditional structure to a The data and analysis contained in this traditional or cabinet structure. essay provide a basis for developing some In historical terms, the key circumstance perspectives on the benefits, limitations and has been a weak governor and a highly frag even drawbacks of executive branch reorga mented executive branch; the key problem has nization in the states. Among the most impor been the perceived inability of legislatively tant benefits are the rationalizing of the dominated states to get things done. executive branch machinery and the expan Executive branch authority in South Caro sion of the chief executive's formal powers lina is diffused across 145 agencies, boards over the consolidated executive branch de and commissions (South Carolina Commis partments. These changes seem to be neces sion on Restructuring 1991). The diffusion of sary conditions for enabling a state's chief executive branch authority has been viewed by executive to be the "center of energy, direc some as a principal cause of the recently tion, and administrative management:' reported scandals in South Carolina state Executive branch reorganization initiatives government. In turn, the scandals have helped also can be a spur to modernizing the execu to highlight the fact that South Carolina gov- tive branch machinery, improving its opera- The Council of State Governments 71 EXECUTIVE BRANCH tions and loosening, at least temporarily, the tives have generally made enhanced legislative hold that narrowly-vested interest groups, leg audit power a key part of their reform pro islators and bureaucrats may have over the ex posal. ecutive branch agencies. Those who consider In sum, the benefits of state executive the establishment of such conditions to be branch reorganization initiatives identified in unimportant would be well advised to exam this essay may be a source of encouragement ine carefully the legacy of legislative domina for those who are currently considering or are tion in states like South Carolina. engaged in such an initiative. At the same Yet, state experience with executive branch time, the limitations and drawbacks of these reorganization shows that legislative and vot initiatives may also be a spur for those who er approval of a reorganization plan marks have or are currently resisting - or plan to re only the completion of the first phase, rather sist - such initiatives. As Rufus Miles (1978) than the end, of a reform effort aimed at im has so aptly pointed out, where one "stands" proving administrative management. The re on an issue (like this one) is likely to be deter structuring of the executive branch machinery mined by where one "sits:' must be carried out, and this process can be very difficult and time consuming.7 In addi Notes tion, ongoing adjustments to the reform plan 1 In addition to the formal limitations described will be required as economic, social, cultural here, most of the states' chief executive had little and political circumstances change over time. power in the budgetary process. Consequently, Furthermore, while structural consolida budget reform proposals aimed at giving the chief tion and the enhancement of the governor's executive a key role in the process were sometimes formal powers may be necessary conditions part of the reorganization proposal. for improving executive branch performance, 2 This reform ideal or model clearly was built they are by no means sufficient. Some gover upon the work of Gulick and Urwick and the nors will have very little interest in adminis Brownlow Committee. trative management. Consequently, they will 3 For more discussion about legislative reaction not take advantage of the tools and opportu to reorganization see Richard Elling, "State nities that have been won through the efforts Bureaucracies": Gray, Jacob and Vines, 4th ed., of their predecessors and other reform-minded Politics in the American States (Boston: Little, Brown, 1983), and James K. Conant, "State Re individuals and groups. Other governors may organization: A New Model?" State Government, express an interest in administrative manage vol. 58, no. 4 (Spring 1986). ment, but will have little aptitude for it. Thus, 4 This phrase, which seemed so appropriate to even if they attempt to use the tools available the subject matter, was actually the title of a Wis to them, they will do so rather clumsily. Final consin publication. The publication was cited by ly, even governors who are interested in admin Gov. Warren Knowles in his "Special Message to istrative management and have an aptitude the Legislature on Reorganization" (April 5, 1967). for it will find that the very real limits on their 5 For a more complete discussion of this topic, time, attention, energy and resources will cir see Conant, 1992, "Executive Branch Reorganiza cumscribe the results they can achieve. 8 tion in the States: Can It Be An Antidote For Fis In addition to these limitations, there is an cal Stress in the States?" other factor that must be kept in mind. As 6 The press coverage given a number of the 20 history has demonstrated, not all elected state successful executive branch reorganization initia tives in the fourth wave was quite good. The cover chief executive's use their powers in an honest age this newspaper has given the issue in South and forthright manner. It is a lesson that un Carolina, however, is much more comprehensive derscores the importance of having other in than the coverage provided in any other state. stitutions and other actors in the governmental 7 The degree of difficulty here is very high. As system who can limit or check their activities. James Garnett has pointed out in several of his That is one reason the leaders and advocates published works, the process of implementing the of the executive branch reorganization initia- reorganization plan may not get started at all, or, 72 The Book of the States 1992-93 EXECUTIVE BRANCH even if it gets started, may be only partially com Edgar, Walter and Blease Graham. 1990. "It's time pleted. to change state's horse and buggy constitution!' 8 For a more detailed examination of the rela The State. August 31. tionship between these constraints and the types Elling, Richard. 1983. "State Bureaucracies" in of strategic choices available to governors who Gray, Jacob, and Vine, 4th ed., Politics in the want to improve the effectiveness and efficiency of American States. Boston: Little, Brown. their state's administrative agencies, see James K. Garnett, James. 1980. Reorganizing State Govern Conant, "Gubernatorial Strategy and Style: Keys ment: The Executive Branch. Colorado: West to Improving Executive Branch Management:' view Press. Garnett, James, and Charles Levine. 1980. "State References Executive Branch Reorganization: Patterns and Perspectives:' Administration and Society 12 Bell, George, 1974. "State Administrative Activi (November). ties, 1972-73:' The Book o/the States 1974-75. Gulick, Luther and Lyndall Urwick. 1937. Papers Lexington, Ky. The Council of State Gov on the Science 0/Administration. New York: In ernments. stitute of Public Administration. Beyle, Thad. 1983. "Governors:' in Gray, Jacob, Meier, Kenneth 1. 1980. "Executive Reorganization and Vine, 4th ed., Politics in the American of Government: Impact on Employment and States. Boston: Little, Brown. Expenditures:' American Journal 0/ Political Buck, A.E. 1938. Reorganization o/Government Science 24 (August). in the United States. New York: Municipal Meriam, Lewis C. and Laurence P. Schmeckebier. League. 1939. Reorganization 0/ the National Govern Conant, James K. 1986a. "Reorganization and the ment: What Does it Involve? Washington, D.C.: The Brookings Institution. Bottom Line!' Public Administrative Review 46 Miles, Rufus E. Jr., 1978. "The Origin and Mean (January/February). ing of Miles' LaW.' Public Administration Re Conant, James K. 1986b. "State Reorganization: view (September/October). A New Model?" State Government 58 (June). The President's Committee on Administrative Conant, James K. 1987. "Gubernatorial Strategy Management. 1937. Report 0/ the President's and State: Keys to Improving Executive Branch Committee. Washington, D.C. Government Management;' State Government, 59 (July/ Printing Office. August). The State. 1992. "Power Failure!' January 15. Conant, James K. 1988. "In the Shadow of Wil South Carolina Commission on Government Res son and Brownlow: Executive Branch Reorgani tructuring. 1991. Modernizing South Carolina zation in the States" 1965-1987:' Public Government for the Twenty-First Century. Administration Review (September/October). Columbia, S.c. Conant, James K. 1992. "Executive Branch Reor State Reorganization Commission. 1991. On Re ganization: Can It Be An Antidote for Fiscal organization: An Overview 0/ Theory, Practice, Stress in the States?" State and Local Govern and the South Carolina Experience. Columbia, ment Review (Spring). S.c. The Council of State Governments 73 EXECUTIVE BRANCH Table 2.9 CONSTITUTIONAL AND STATUTORY PROVISIONS FOR LENGTH AND NUMBER OF TERMS OF ELECTED STATE OFFICIALS !:! ~ " ... 5 '0> ~ ~ ... ~ ~ 5 Q ~ t- ~ ~ .:::: ~ ~ .!! ~ .~ " c .9 ~ !:! State or other .. ~ ~ '5 ~ .~ ~c ~ ~ 2! jurisdiction (.) .:j jJ «: ~ «:" 8 ~ «: ... ..!; Other Alabama. 4/2 412 412 4/2 412 412 4/2 (a) Bd. of Education-4/-; Public Service Comm.-4/- Alaska .. . 4/2 (b) 4/- (c) (d) Arizona . . 4/- (e) 4/- 4/- 412 (0 4/- Corporation Comm.- 6/-; Mine inspector-21- Arkansas. 4/- 4/- 4/- 4/- 4/- 4/- (0 Land Cmsr.-4/- California. 412 4/2 412 4/2 412 412 412 4/- Bd. of Equalization-4/- Colorado. 412 412 412 412 412 Regents of Univ. of Colo.-6/-; Bd. of Education-6/- Connecticut . 4/- 4/- 4/- 4/- 4/- 4/- Delaware. 412 (g) 4/- 4/- 4/- 4/- 4/- Florida . . 412 4/- 4/- 4/- 4/- 4/- 4/- 4/- (h) Georgia .. 4/2 (b) 4/- 4/- 4/- (0 (i) 4/- 4/- 4/- 4/- Public Service Comm.-6/- Hawaii ... 4/2 412 (c) (0 Bd. of Education-4/U Idaho 4/- 4/- 4/- 4/- 4/- 4/- ~) 4/- Illinois ... . 4/- 4/- 4/- 4/- 4/- 1- Bd. of Trustees. Univ. of 1ll.-6/- Indiana. 4/2 (k) 4/- 4/2 (k) 4/- 4/2 (k) 4/2 (k) Ul 4/- (c) Iowa. 4/- 4/- 4/- 4/- 4/- 4/- (0 4/- Kansas .. . 412 412 4/- 4/- 4/- 4/- Bd. of Education-4/- Kentucky. 4/0 4/0 4/0 4/0 4/0 4/0 (0 4/0 4/0 Railroad Comm.-4/- Louisiana 412 4/- 4/- 4/- 4/- (I) 4/- 4/- Bd. of Education-4/-; Public Service Comm.-6/-; Elec- tions Cmsr.-4/- Maine .. . 412 (m) Maryland 4/2 (b) 4/- 4/- 4/- Massacbusetts .' 4/- 4/- 4/- 4/- 4/- 4/- Exec. Council-2/- Michigan 4/- 4/- 4/- 4/- (0 Univ. Regents-S/-; Bd. of Education-S/- Minnesota 4/- 4/- 4/- 4/- 4/- 4/- (0 (n) Mississippi. 4/0 4/- 4/- 4/- 4/- 4/- (0 4/- 4/- Public Service Comm.-4/-; High- way Comm.-4/- Missouri 4/2 (g) 4/- 4/- 4/- 412 (g) 4/- Montana. 4/- 4/- 4/- 4/- 4/- (I). 4/- Public Service Comm.-4/- Nebraska 4/2 (b) 4/- 4/- 4/- 412 (0) 4/- Regents of Univ. of Neb.-6/-; Bd. of Edu- cation-4/-; Public Service Comm. -6/- Nevada .. 412 4/- 4/- 4/- 4/- 4/- Bd. of Regents-6/-; Bd. of Education- 4/3 New Hampshire 2/- (m) Exec. Council-2/- Ne .. Jersey ...... 412 (b) (m) (0 New Mexico, ... 412 (b) 4/2 (b) 4/2 (b) 412 (b) 4/2 (b) 4/2 (b) (p) Cmsr. of Public Lands-4/2 (b); Bd. of Education-4/-; Cor- poration Comm.-6/- Ne .. york ..... 4/- 4/- 4/- (d) 4/- N ortb Carolina . 412 (g) 412 (g) 4/- 4/- 4/- 4/- 4/- 4/- 4/- 4/- North Dakota .. 4/- 4/- 4/- 4/- 4/2 4/- 4/- 4/- (q) 4/- (q) 4/- Public Service Comm.-6/-; Tax Cmsr.-4/- Ohio. 412 4/2 4/- 4/- 4/- 4/- (p) Bd. of Education-6/- Oklahoma 412 4/U 4/U 4/U 4/U 4/U 4/- 4/- Corporation Comm.- 6/- Oregon ...... 412 (k) (e) 412 (k) 4/- 4/2 (k) (p) 4/- 4/- Pennsylvania . ... 412 412 412 4/2 (r) 412 Rbode Island . . 2/- 2/- 2/- 2/- 2/- South Carolina 412 4/- 4/- 4/- 4/- 4/- 4/- 4/- Adjutant General-4/- 74 The Book of the States 1992-93 EXECUTIVE BRANCH LENGTH AND NUMBER OF TERMS-Continued ~ i ~ 6 '<> ~ ~ ~ ~ ". ~ 6 ~ 1:: ~ ~ ~ g ~ ~ ::r 0. .~ ~ Ii" EO 6 l? State or other ~ .." g ~ ~ ~ ::r .~ Oi jurisdiction \:)" j ~ -.: i!:: -.: <3 i;l -.: ""...," ..!S Other South Dakot...... 4/2 412 4/- 4/- 4/- 4/- Ul Cmsr. of School & Public Lands-4/-; Public Utilities Comm.-6/- Tennessee . . 412 (m) (d) Public Service Comm.-6/- Tens .. 4/- 4/- 4/- 4/- 4/- 4/- (s) Bd. of Education-4/-; CrnST. of General Land Off. -4/-; Railroad Comm.-6/- Utah .... 4/- 4/- (c) 4/- 4/- 4/- (!) Bd. of Education-4/- Vermont .. . 2/- 2/- 2/- 2/- 2/- 2/- (!) Viralnia. 4/0 4/U 4/U Wosbington. 4/- 4/- 4/- 4/- 4/- 4/- (p) 4/- 4/- CrnsT. of Public Land,-4/- West Viralnia 412 (m) 4/- 4/- 4/- 4/- (j) 4/- Wiseo""in ... 4/- 4/- 4/- 4/- 4/- (!) 4/- Wyomi ... 4/- (e) 4/- 4/- 4/- (j) 4/- Dis!. of Col.mbia . 4/- (t) Chmn. of Council of Dis!. of Col.-4/U American Samoa 4/2 4/2 (c) (p) G.am .... 412 (b) 412 (e) (u) (v) No. MarIua Islaads . 4/3 412 (p) (w) (n) Puerto Rico 4/- (e) U.S. Viflln Islands ... 4/2 (b) 4/2 (c) (f) (!) (e) Note: First entry in a column refers to number of years per term. Entry (j) State auditor performs function. following the slash refers to the maximum number of consecutive terms (k) Eligible for eight out of 12 years. allowed. Blank ceJls indicate no specific administrative officia1 performs 0) Head of administration performs function. function. This table reflects a literal reading of the state constitutions and (m) President or speaker of the senate is next in line of succession to statutes. the governorship. [n Tennessee, speaker of the senate has the statutory Key: title OClieutenant governor." -- No provision specifying number of terms allowed (n) Commerce administrator performs function. o - Provision specifying officeholder may not succeed self (0) After two consecutive terms, must wait two years before being eligi U - Provision specifying individual may hold office for an unlimited ble again. number of terms (p) State treasurer performs function. . . . - Position is appointed or elected by governmental entity (not chos (q) Constitution provides for a secretary of agriculture and labor . en by electorate) However, the legislature was given constitutional authority to provide for (a) Commissioner of agriculture and industries. (and has provided for) a department of labor distinct from agriculture, (b) After two consecutive terms, must wait four years before being eligible and a commissioner of labor distinct from the commissioner of agriculture. again. (r) Treasurer must wait four years before being eligible to the office of (c) Lieutenant governor performs function. auditor general. (d) Comptroller performs function. (5) Licensing and regulation administrator perfroms function. (e) Secretary of state is next in line of succession to the governorship. (t) Mayor. (0 Finance administrator performs function. (u) Genera] services administrator performs function. (g) Absolute two-term limitation, but not necessarily consecutive. (v) Taxation administrator performs function. (h) State treasurer also serves as insurance commissioner. (w) Natural resources administrator performs function. (i) Insurance commissioner also serves as comptroller generaL. The Council of State Governments 75 EXECUTIVE BRANCH Table 2.10 SELECTED STATE ADMINISTRATIVE OFFICIALS: METHODS OF SELECTION State or other Lieutenant Secretary Attorney Adjutant jurisdiction Governor governor of state genera/ Treasurer general Administration Agriculture Banking Budget Alabama ... CE CE CE CE CE G (a-17) CE GS A Alaska ..... CE CE (a-I) GB (a-9) GB GB A A (b) Arizona ... . CE (a-2) CE CE CE G GS GS GS (a-26) Arkansas . . CE CE CE CE CE GS (a-16) B BG CS California .. CE CE CE CE CE GS (c) GS GS (a-I6) Colorado CE CE CE CE CE GS GS GS CS G Connecticut CE CE CE CE CE GE GE GE GE CS Delaware CE CE GS CE CE GS GS GS G GS Florida CE CE CE CE CE G G CE (a-9) G Georgia. CE CE CE CE (a-I6) GS G CE G G Hawaii . CE CE (a-I) GS (a-6) GS (a-9) G AG GS Idaho CE CE CE CE CE G G G G (a-16) Illinois. CE CE CE CE CE GS GS GS GS GS Indiana CE CE CE SE CE G G A G G Iowa . . CE CE CE CE CE G (a-17) SE G GS Kansas CE CE CE CE SE GS GS B GS G Kentucky ... CE CE CE CE CE G AG CE AG G Louisiana. CE CE CE CE CE G G CE GS CS Maine CE (p) CL CL CL G GLS GLS A A Maryland CE CE GS CE CL G (a-25) GS AG GS Massachusetts CE CE CE CE CE G G G G G Michigan CE CE CE CE GS GS GS B CS GS Minnesota CE CE CE CE CE G GS GS A (a-16) Mississippi CE CE CE CE CE GS A SE B (a-I6) Missouri . CE CE CE CE CE GS GS GS AS (a-5) Montana . . CE CE SE SE CS G G G CS G Nebraska CE CE CE CE CE GS GS GS GS GS Nevada. CE CE CE CE CE G G BG AG (a-5) New Hampshire . CE (p) CL GC CL GC GC GC GC (ii) New Jersey. CE (p) GS GS GS GS AG BG GS GS New Mexico. CE CE CE CE CE GS (a-17) GS AG AG New York ... CE CE GS CE (nn) G (a-I 7) GS GS G North Carolina CE CE SE SE SE G G SE G G North Dakota CE CE CE CE CE G (a-25) CE G (pp) Ohio. CE CE CE CE CE GS GS GS AG GS Oklahoma CE CE GS CE CE GS G GS GS (a-I6) Oregon ... CE (a-2) CE SE CE G GS GS (uu) AG Pennsylvania CE CE GS CE CE GS G GS GS G Rhode Island. CE CE CE CE CE G G A A A South Carolina . CE CE CE CE CE CE (a-16) CE (a-4) B South Dakol1l . CE CE CE CE CE GB GB GB A (a-16) Tennessee CE (P) CL CT CL G (a-17) G G A Texas . . CE CE GS CE CE GS (a-17) SE BS A Utah. CE CE (a-I) CE CE GS GS GS GS (ccc) Vermont. CE CE CE SE CE SL GS GS GS (a-16) Virginia ..... CE CE GB CE GB GB GB GB B GB Washington . CE CE CE CE CE GS (a-17) GS A (a-16) West Virginia CE (p) CE CE CE GS GS CE GS CS Wisconsin. CE CE CE CE CE G GS B GS A Wyoming. CE (a-2) CE G CE G GS G A A Dist. of Columbia SE (Itt) GC GC GC N.A. GC GC GC American Samoa CE CE (a-I) GB N.A. GB CB N.A. CB Puerto Rico ... CE (a-2) GS OS GS G (a-25) GS GS G U.S. Virgin Islands .... CE CE (a-I) GS (a-I6) (ZZI) (a-30) (a-I2) (a-I) GS Source: The Council of State Governments' survey of state personnel GD - Governor Departmental board agencies. January 1992. GLS - Governor Appropriate legislative committee Note: The chief administrative officials responsible for each function & Senate were determined from information given by the states for the same fune- GOC - Governor & Council tion as listed in State Administrative Officials Classified by Function, or cabinet 1991-92, published by The Council of State Governments. AT - Attorney General Key: SS - Secretary of State N.A. - Not available A - Agency head ... - No specific chief administrative official or agency in charge of AB - Agency head Board function AG - Agency head Governor CE - Constitutional, elected by public AGC - Agency head Governor & Council CL - Constitutional, elected by legislature AS - Agency head Senate SE - Statutory, elected by public AGS - Agency head Governor & Senate SL - Statutory, elected by legislature ASH - Agency head Senate president & House speaker L - Selected by legislature or one of its organs B - Board or commission CT - Constitutional. elected by state court of last resort BG- Board Governor BGS - Board Governor & Senate Appointed by: Approved by: BS - Board or commission Senate G - Governor BA - Board or commission Agency head GS - Governor Senate CS - Civil Service GB - Governor Both houses GE - Governor Either house GC - Governor Council 76 The Book of the States 1992-93 EXECUTIVE BRANCH SELECTED OFFICIALS: METHODS OF SELECTION-Continued State or other Civil Community Consumer Economic Election Emergency jurisdiction rights Commerce affairs Comptroiler affairs Corrections development Education administration management Alab.m •. a a A A a (a-8) B A a Alaska. A aB aB A A aB A aB A A Arizona. A as A (a-16) A as (a-7) CE (a-2) A Arkansas ...... (a-l2) (a-32) (a-16) (a-3) B a a (a-2) a California. as as a CE as as (a-7) CE A as Colorado CS CS CS AT as a B cs CS Connecticut B (a-l2) A CE CS aE aE B CS A Delaware a (a-2) Aa Aa as as B as Aa Florida. A a a CE A a A CE SS A Georgia...... a a a (a-19) a a (a-7) CE A a HawaiI B as as as a as as B (a-I) as Jdabo B a A (a-28) (a-3) B A CE SS A Illinois. as as (a-7) CE (a-3) as (a-7) B AB as Indiana ...... a (a-I) A (a-28) A a A CE a a Iowa as as A (a-6) A as as as (a-2) a Kansas B as A A AT as (k) B SS A Kentucky Aa (a-I) Aa (a-16) (a-3) a (a-I) a a Aa Louisiana ..... (a-3) (a-12) N.A. (a-5) as as B CE as Maine a (a-12) aLs A A aLs aLS aLs A A Maryl.nd (s) Aa A CE A AaS A B a Aa Massachusetts a (a-l2) a a a a a a ss a Michigan B as cs cs CS B CS B (a-2) CS Mlnnesot. as as A (a-16) AT as A as (y) A Mississippi .... as A (a-16) as (a-7) B A a Missouri B (a-12) A A (a-3) as as B SS A Montana ...... CS a a (a-5) CS a cs SE SS CS N.b..... k. B (a-l2) N.A. A AT as as (ee) (a-2) A Nevada. a a a CE Aa a a B CE a New Hampshire CS ac a Aac (a-3) ac Aac B (a-2) OC New Jersey ..... AT as as (a-6) as as AO as Uil A New Mexico .. AO (a-12) AO (a-4) AT as as B ss as N.w York a (a-12) (a-2) CE a as as B B A North Carolina AO a AO GO A a AO SE a AO North Dakota (a-20) (a-12) A a A A a CE (qq) A Ohio. B as AO (a-4) Aa as as as AO AO Oklahoma B a (a-7) AO B B (a-7) CE L a Oregon ...... A (a-19) B (a-4) as as SE A AO Pennsylvania a as as a A as (a-7) as a a Rhod. Island .. a (a-12) a A a a a AB a a South Carolina B BO A CE B B (a-7) CE B A South Dakota A OB (a-12) CE AT OB OB (aaa) SS A Tennessee .... B (.-8) a CL A a (a-IO) a SS G Texas. B B as CE (a-3) B BaS A A Ut.h. AO as (ddd) (a-16) AO as AO BO (a-I) AO Vermont. (gsg) (a-12) AOS (.-16) AT AOS AOS aD (hhh) AO Virginia. OB OB A OB A OB OB aB OB OB Washington a (.-12) as (a-4) A as as CE A A West Vlrglni. as (nnn) as CE AT as (a-IO) B (a-2) a Wisconsin ... A as A CS (000) as cs CE B as Wyoming ... (qqq) as (a-12) CE A as A CE (rrr) AO Dist_ of Columbia .. OC (a-12) a a (uuu) oc OC OC B OC American Samoa .. N.A. N.A. N.A. AT N.A. OB OB aB a Puerto Rico ...... B as as OB as as BO as B a U.S_ Virgin Island •... AO (a-12) (a-32) (a-16) as (a-3) GS as B a (a) Chief administrative official or agency in charge of function: (a-23) Natural resources (a-]) Lieutenant governor (a-24) Park. and recreation (a-2) Secretary of state (a-25) Personn.1 (a-3) Attorney general (a-26) Planning (a-4) Treasurer (a-27) Post audit (a-5) Administration (a-28) Pre-audit (a-6) Budget (a-29) Public utility regulation (a-7) Commerce (a-30) Purchasing (a-8) Community affairs (a-31) Revenue (a-9) ComptroUer (a-32) Social services (a- 10) Consumer affairs (a-33) Tourism (a-Ii) Corrections (a-34) Transportation (a-12) Economic development (a-35) Welfare (.-13) Education (chief state school officer) (b) Responsibilities shared between Director, Office of Management and (a-14) Energy Budget (A); and Director, Division of Budget Review, same department (A). (a-IS) Environmental protection (c) Responsibilities shared between Director. Department of General (a-16) Finance Services (OS); .nd Chief Deputy Director, same department (a). (a-17) General services (d) R.sponsibilities shared between Commissioner, Department of Mental (a-18) Highways Retardation (OE); and Commission.r, Department of Mental Health (A). (a-19) Insurance (e) Responsibilities shared between two Auditors of Public Accounts (L). (a-20) Labor (f) Responsibilities shared between Director. Division of Alcoholism, (a-21) Licensing Drug Abuse and Mental Health (AO); and Director, Division of Mental (a-22) Mental health and retardation Retardation (OS). The Council of State Governments 77 EXECUTIVE BRANCH SELECTED OFFICIALS: METHODS OF SELECTION-Continued Slate or other Employment Environmental Fish&. General Higher Historic jurisdiction services Energy protection Finance wildlife services Health education Highways preservation Alabama ... A AO B 0 A A B BS 0 B AI ..k •... A GB A GB A (.-35) GB G Arizona .. A CS GS A B A GS B A A Arkan.... G BG BG G B (.-16) G G B AO California. GS GS GS GS GS GS GS B A G Colorado ..... GS GS CS (.-9) CS GS B (.-34) N.A. Connectkut .. A A OE OE CS (.-5) OE B A BO Delaware .... (.-25) A OS OS AG (.-5) AG B AO AO Florida A A 0 A A (h) A B 0 SS Georgia. A A A A A (.-5) A B (.-34) A Hawaii CS CS OS (.-6) CS (.-9) OS B CS (.-23) Idaho ... 0 A A 0 B A 0 B (.-34) B illinois ... OS GS OS (j) (.-23) OS GS B (.-34) OS Indiana . 0 A 0 (a-6) A (a-5) 0 B (a-34) A Iowa. OS A A (.-6) A OS OS B A A Kansas OS A A (I) A (a-5) A B (.-34) A Kentucky AG 0 AO 0 (n) (a-5) AO G AO N.A. Louisiana .... OS OS OS (a-5) OS (a-5) OS B (a-34) GS Moine. A A GLS GLS OLS A OLS GLS (a-34) B Maryland .. A OS CE A GS OS 0 A A Massachusetts . (t) 0 0 (a-5) G (a-5) G G G SS Michigan CS CS (a-6) (w) CS OS CS (a-34) CS Minnesota A A A GS A (a-5) OS AB A AB Mississippi B A B OS B (a-5) B B B B Missouri . A A A (bb) A A GS B B A Montana. CS CS 0 (a-6) (cc) CS CS B 0 Nebraska A 0 OS (ff) (gg) (a-5) OS B (a-34) B Nevada ...... 0 (a-8) A (a-9) 0 0 0 B (a-34) A New Hampshire GC 0 OC (a-5) OC (a-5) AOC B (a-34) OC New Jersey .... CS OS OS (a-6) BO AO OS BG (a-34) AO Ne .. Mexico. OS AO OS GS B OS OS B OS AO Ne .. York (a-20) OS OS (a-9) (a-15) OS OS (a-B) (a-34) (a-24) North Carolina. 0 AO AO (a-6) BO AG AO B AO AG North Dakota . 0 G A (a-6) 0 0 0 B (a-34) A Ohio ... OS AO OS (a-6) AO (a-5) GS OS (a-34) B Oklahoma (tt) B AG 0 AB (a-5) B B B B Oregon. .. .. AO OS B (.-6) B OS AO B AB N.A. Pennsylvania 0 0 0 (.-6) (vv) OS OS G 0 0 Rhode Island. 0 (a-29) 0 (a-6) A (a-5) 0 AB (a-34) 0 South Carolina B N.A. A B B B B B B A South Dakota A GB GB OB A (a-5) OB B A A Tennessee . 0 A A 0 B 0 G B (a-34) B Texas ..... B A A (a-9) B B B B B B Utah ...... BO AO OS AO AO (a-5) OS BO (a-34) AG Vermont. OS OS AGS AOS AOS (iii) AOS (a-5) (a-34) OS Virginia. GB OB OB GB OB OB OB GB (a-34) OB W ..hlngton .. A GS GS OS (Ill) OS OS B (a-34) A West Virginia GS OS OS (a-5) CS CS CS B (a-34) CS Wisconsin ... A A A A (ppp) A A B A CS Wyoming ... A 0 (a-27) OS (a-5) OS B (a-34) A Dist. of Columbia OC OC A OC A OC GC (vw) A A American Samoa OB 0 N.A. OB OB OB OB GB A Puerto Rko ..... A A B (a-6) (a-23) B OS B B 0 U.S. Virgin Isllnds . (a-20) G (a-23) OS AO (a-30) GS SE AO AG (g) Responsibilities shared between Secretary, Services for Children, (0) Responsibilities shared between Commissioner, Division of Adminis- Youth and Their Families (OS); and Secretary, Department of Health and tration (0); and Legislative Auditor (0). Social Services (GS). (p) In Maine, New Hampshire, New Jersey, Tennes... and West Vir- (h) Responsibilities shared between Executive Director, Department of ginia, the presidents (or speakers) of the Senate are next in line of succes- General Services (GOC); and Deputy Executive Director, same department sion to the governorship. In Tennessee, the speaker of the Senate bears (GOC). the statutory title of lleutenant governor. (i) Responsibilities shared between Chief, Developmental Disabilities Di- (q) Competitive examination. vision, Department of Health (CS); and Acting Chief, Adult Mental Health (r) Responsibilities shared between Commissioner. Department of En- Division, same department (CS). vironmental Protection (GLS); and Commissioner, Department of Con- (j) Responsibilities shared between Director, Bureau of the Budget (OS); servation (G). and Director, Department of Revenue (GS). (s) Appointed by the Governor from a list of five names submitted by (k) Responsibilities shared between Secretary, Department of Commerce the commissioners. The position is subject to removal by the Governor (OS); Director, Division of Existing Industry, same department (A); Direc- upon the recommendation of 2/3 of the commissioners. tor, Division of lndustrial Development, same department (A); and Prcsj- (t) Responsibilities shared between Director, Bureau of Hum.n Resource dent, Kansas Inc. (B). Development (A); and Commissioner, Department of Employment and (1) Responsibilities shared between Secretary, Department of Adminis- Training (0). tration (OS); and Director, Division of the Budget, same department (G). (u) Responsibilities shared between Commissioner, Department of Mental (m) Responsibilities shared between Acting Executive Director, State Health (G); and Commissioner, Department of Mental Retardation (0). Board of Healing Arts (BS); Executive Director, Behavioral Sciences (v) Responsibilities shared between Director, Recreational Facilities (A); Regulatory Board (B); Executive Secretary, Board of Technical Profes- and Acting Director. Division of Forests and Parks (A). sions (B); and Director, Real Estate Commission (B). (w) Responsibilities shared between Chief, Wildlife Division, Depart- (n) Responsibilities shared between Director, Fisheries Division, Fish and ment of Natural Resources (CS); and Chief, Fisheries DiviSion, same depart- Wildlife Research Department (AG); and Director, Wildlife Division, same ment (CS). department (AO). 78 The Book of the States 1992-93 EXECUTIVE BRANCH SELECTED OFFICIALS: METHODS OF SELECTION-Continued State or other In/ormation Mental health Na/ural Parks & Post jurisdiction systems Insurance Labor Licensing & retardation resources recreation Personnel Planning audit Alabama. A G G G G A B AG L Alaska .... A A GB A A GB A A L Arizona .. A GS B GS A CS B A A L Arkansas G BG G BA G G A CE California. G SE GS (a-IO) GS GS GS GS G A Colorado CS GS CS GS CS GS CS GS (0-6) L Connecticut A GE GE CS (d) CS CS A A (e) Delaware .. A CE GS AG (I) (a-IS) AG GS CE Florida A (a-4) GOC SS A GOC A (a-S) (a-6) GOC Georxla. A CE CE A A G A G (a-6) G Ha.. an. CS AG GS (a-7) (i) G CS GS G CS Idaho (a-S) G G G A B B (a-7) L illinois. (a-17) GS GS GS GS GS (a-23) (a-17) B L Indiana. A G G G G G A G A A Iowa A GS GS GS A GS A GS (a-12) CE Kansas A SE A (m) A (a-24) GS A A B Kentucky .... (a-16) AG G AG AG AG AG G G CE Louisiana ... CS CE GS CS GS GS GS CS CS (0) Maine .. A A GLS (q) GLS (r) A A G SL Maryland AGS AG GS A GS A GS G ASH Massachusetts .. G G G G (u) G (v) G G CE Michigan ..... CS GS GS CS GS B CS B CL Minnesota ... A (a-7) GS (z) A GS A GS GS (aa) Mississippi ..... B SE B (a-IS) A B A CE Missouri A AS GS A B GS A G (a-5) CE Montana. CS CS G CS (dd) G CS CS (a-6) L Nebraska A GS GS A (hh) GS B GS G CE Nevada ...... A AG G G G A G A AB Ne.. Hampsblre GC GC (a-2) AGC (a-7) AGC AGC G L Ne.. Jersey. N.A. GS GS AG AG AG AG GS (kk) A New Mexico ... AG B AG (Ii) (mm) GS AG BG CE Ne.. york .... (a-l7) GS GS (a-2) (00) (a-IS) GS GS (a-12) (a-9) North Carolina .. AG SE SE AG G AG G AG SE North Dakota . A CE SE (a-2) A A G AB A (rr) Ohio ... AG GS GS AG (ss) GS AG AG (a-6) CE Oklahoma A CE CE B (a-33) (a-33) GS CE Oregon ... AG GS SE AG B AG B A Pennsylvania G GS GS GS (ww) GS G G G CE Rhode Island .... A A G A (xx) (a-IS) A A A (yy) South Carolina .. B B G (a-17) (zz) N.A. B B (a-15) B South Dakota .... (a-5) GB GB A (bbb) GB A GB L Tennessee . A G G A G G A G G (a-9) Texas .... B B (a-2I) B B B B AS (a-6) L Utah. AG GS GS AG (eee) GS AG AGS AGS (ffl) Vermont. (x) Responsibilities shared between Commissloner I Bureau of Revenue (ii) Responsibilities shared between Commissioner. Department of Ad- (CS); and Director, Local Finance Programs (CS). ministrative Services (GC); and Assistant Commissioner and Budget Officer. (y) ResponsibiHties shared between Director. Election Division, Office same department (AGC). of the Secretary of State, (A); and Secretary of State. (CE). (jj) Responsibilities shared between Executive Director, Election Law (z) Responsibilities shared between Commissioner. Department of Labor Enforcement Commission (B); and Director. Election Division, Depart- and Industry (GS); and Director. Licensing Unit (A). ment of State (B). (aa) Responsibilities shared between State Auditor (CE); and Legisla- (kk) Responsibilities shared between Chief, Office of Management and tive Auditor (L). Planning (0); and Director of Policy. same department (G). (bb) Responsibilities shared between Director of Revenue (GS); Com- (i1) Responsibilities shared between Superintendent. Department of Regu- missioner. Office of Administration (GS); and State Treasurer (CE). lations and Licensing (AG); and Board Administrator, Boards and Com- (ee) Responsibilities shared between Administrator, Wildlife Division, missions (BA). Fish. Wildlife and Parks Department (CS); and Administrator. Fisheries (mm) Responsibilities shared between Chief, Developmental Disabilities Division, same department (CS). Bureau (AG); and Chief, Mental Health Bureau (AG). (dd) Responsibilities shared between Administrator, Developmental Dis- (nn) Responsibilities shared between Commissioner and Treasurer. abilities Division (CS); and Administrator. Mental Health Division (CS). Department of Taxation and Finance (GS); and Comptroller (CE). (ee) Responsibilities shared between President, State Board of Educa- (00) Responsibilities shared between Commissioner. Mental Retardation tion (B); and Commissioner, Department of Education (G). and Developmental Disabilities (GS); and Commissioner, Office of Men- (ff) Responsibilities shared between State Tax Commissioner, Depart- tal Health (G). ment of Revenue (GS); Auditor of Public Accounts (B); and Budget Ad- (pp) Responsibilities shared between Director, Office of Management ministrator (CE). and Budget (G); and Executive Budget Analyst. same department (Aj. (gg) Responsibilities shared between Chief, Wildlife Division, Games and (qq) Responsibilities shared between Secretary of State (CE); and Deputy. Parks Commission (A); and Chief, Fisheries Department (A). Office of the Secretary of State (SS). (hh) Responsibilities shared between Director, Department of Public Institu- (rr) Responsibilities shared between Legislative Budget Analyst and Au- tions (GS); and Director, Medical Services Division, same department (A). ditor, Legislative Council (A); and State Auditor (CE). The Council of State Governments 79 EXECUTIVE BRANCH SELECTED OFFICIALS: METHODS OF SELECTION-Continued Public Public Solid State or other library utility Social waste State jurisdiction Pre-audit development regulation Purchasing Revenue services management police Tourism Transportation Welfare Alabama .. (0-9) B SE A G B A A G A (a-32) Alaska .. (0-16) A G (a-17) A A A A GB A Arizona. (a-16) A B A GS A A OS GS GS A Arkansas AG G BG AG AO 0 AO 0 AG (.-18) (a-32) California. (.-9) A GS G B OS GS OS G GS (.-32) Colorado (.-9) A GS CS GS (a-21) CS CS CS OS (a-21) Connecticut. (.-9) B OE A OE OE CS OE CS OE OE Delaware (a-27) AG AO AO AO (g) AO AO A OS GS Florida. A SS L GOC OOC A A A A A A Georgia ... (.-27) A CE A 0 A A 0 A 0 (0-32) Hawaii .. CS B G CS OS OS CS (a-12) OS CS Idaho CE A OS A OS A A 0 A B A Illinois .. (0-9) SS B (a-17) GS OS (a-14) OS (a-7) OS OS Indiana. CE 0 0 A 0 0 A 0 A 0 0 Iowa. (.-31) A 0 A OS A A A A OS A Kansas (.-9) OS B A OS OS A OS A OS A Kentucky .. (.-16) 0 0 AO 0 AO AO (a-II) 0 0 AO Louisiana. (.-5) BS BS CS OS OS CS AS 0 OS OS Maine. (a-9) B OLS A A A OLS A A OLS A Maryland. CS A OS A CE A A OS A OS (a-32) Massachusetts . (.-9) 0 0 0 0 0 A 0 A 0 0 Michigan CL CL GS CS (x) OS CS OS CS B (.-32) Minnesota A A A A OS A A A A OS A Mississippi. (.-16) B 0 A B B A OS A (a-14) (a-32) Missouri (.-9) B OS A OS OS A OS B (.-18) A Montana. CS 0 CS 0 0 CS CS CS CS (0-32) Nebraska (.-5) B B A OS OS A OS A OS (0-32) Nevada. (.-5) 0 0 (.-17) 0 0 A AO BG B 0 New Hampshire AGC AOC OC AOC OC OC AOC AOC CS OC AOC New Jersey. (.-27) A A A A OS A A A OS A New Mexico. AG AG OS AG OS AO A GS OS (.-18) A New York (.-9) (.-13) GS (.-17) CE GS (.-15) 0 (a-12) GS (.-32) North Carolina. AG AO AG 0 AG AG 0 AO G 0 North Dakota G A CE A CE A A 0 G G 0 Ohio ... (.-27) B OS AG GS OS AO OS AG OS (0-32) Oklahoma (.-16) B CE A CS CS A GS G GS (0-32) Oregon. B GS AG GS GS A GS A BG AG Pennsylvania .. (.-4) G 0 OS G G GS (a-7) GS OS Rhode Island. A 0 G A A G A G 0 G A South Carolina (a-9) B B A GS B A A A (a-18) (.-32) South Dakota A B A GB OB A G OB GB (a-32) Tennessee . A SS CE A 0 0 (0-23) G G 0 (a-32) Texas ... (.-9) A B A (a-9) B A B A (a-18) (a-32) Utah. (.-16) AG AO AO OS GS AO AO AG OS AG Vermont .. (a-16) G OS (kkk) AGS CS CS A A GS AGS Virginia. (a-9) OB B GB G GB OB GB A GB (a-32) Washington ... B B A GS GS A GS A B (mmm) West Virginia (.-5) B G CS GS N.A. CS GS AG GS (.-22) Wisconsin. CS CS OS CS GS GS CS G A GS A Wyoming. (a-27) A G A GS GS A A A OS (a-32) Dist. of Columbia (xxx) B B (a-17) GC GC A GC (yyy) OC A American Samoa A N.A. A GB N.A. GB GB Puerto Rico .. (a-4) CS B (a-17) A GS B GS B OS (a-32) U.S. Virgin Islands. (a-16) AO GS GS OS GS (a-34) OS AO OS (aaao) (ss) Responsibilities shared between Director. Department of Mental and Director, Division of Mental Health, same department (A). Retardation and Developmental Disabilities (GS); and Director, Depart- (cee) Responsibilities shared between State Treasurer (OS); and Direc- ment of Mental He.lth (OS). tor, Office of Planning and Budget (AOS). (tt) Responsibilities shared between Secretary of Human Resources, (ddd) Responsibilities shared between Director, Division of Business and Office of Personnel Management (G); and Executive Director, Employ- Economic Development (AG)j and Director. Division of Community De- ment Security Commission (G). velopment (AG). (uu) Responsibilities shared between Deputy Administrator, Financial (eee) Responsibilities shared between Director, Services to People with Section, Department of Insurance and Finance (AG); and Deputy Adminis- Disabilities (AG); Director, Service to the Handicapped (AB); and Direc- trator, Securities Section. same department (AG). tor, Division of Mental Health (AB). (vv) Responsibilities shared between Executive Director, Game Commis- (ff!) Responsibilities shared between St.te Auditor (CE); and Audit sion (BG); and Executive Director, Fish Commission (00). Manager. Office of the Legislative Auditor General (L). (ww) Responsibilities shared between Deputy Secretary, Mental Retarda- (ggg) Responsibilities shared between Executive Director" Human Rights tion lG); .nd Deputy Secretary, Mental He.lth (0). Commission (B); and Chief, Public Protection Division, Office of the At- (xx) Responsibilities shared between Director, Mental Health. Retarda- torney General (AT). tion and Hospitals (G); and Associate Director, Retardation Service (A). (hhh) Responsibilities shared between Secretary of State (CE); and Direc- (yy) Responsibilities shared between Chief of General Audit Section, tor, Division of Elections, Office of the Secretary of State (SS). Office of Accounts .nd Control (A); .nd Auditor Gener.l (A). (iii) Responsibilities shared between Commissioner. Department of (zz) Responsibilities shared between Commissioner, Department of Men- General Services (AGS); and Deputy Commissioner, Department of General t.l He.lth (B); and Commissioner, Department of Mental Retardation (B). Services (AO). (aaa) Responsibilities shared between Secretary, Department of Educa- (jjj) Responsibilities shared between Director, State Information Sys- tion (GB); and Superintendent of Education (A). tem and Telecommunication (CS); and Deputy Commissioner, Department (bbb) Responsibilities shared between Secretary, Department of Human of General Services (AG). Services (GB); Director, Developmental Disabilities. same department (A); 80 The Book of the States 1992-93 EXECUTIVE BRANCH SELECTED OFFICIALS: METHODS OF SELECTION-Continued (kkk) Responsibilities shared between Director. Division of Purchasing (sss) Responsibilities shared between Director, Mental Health Division (CS); and Deputy Commissioner, Department of General Services (AG), (A); and Director, Mental Retardation Division (A). (llJ) ResponsibiJities shared between Director, Department of Fisheries (Itt) Mayor. (GS); and Director, Department of Wildlife (GS). (uuu) Responsibilities shared between Chief, Office of Compliance (A); (mmm) Responsibilities shared between Secretary. Department of So and Chief, Consumer Education and Information (A). cial. and Health Services (OS); and Director I Income Assistance Services, (vvv) Responsibilities shared between Chairman, Board of Trustees, same department (A). University of District of Columbia; and President, University of District (nnn) Responsibilities shared between Director. Division of Commerce of Columbia. (GS); and Secretary, Commerce, Labor and Environmental Resources (GS). (www) Responsibilities shared between Administrator. Public Space (000) Responsibilities shared between Director, Office of Consumer Pro Maintenance Administration (A); and Acting Director, Department of tection (CS); and Administrator. Trade and Consumer Protection Divi Recreation and Parks (0). sion (A). (xxx) Responsibilities shared between Controller (GC); and Deputy (Ppp) Responsibilities shared between Director. Bureau of Fish Manage Mayor, Financial Management (GC). ment (CS); and Director, Bureau of Wildlife Management (CS). (yyy) Responsibilities shared between Executive Director, D.C. Visitors (qqq) Responsibilities shared between EEO, Grievance and Appeal Coor and Convention Association; Director, Committee to Promote Washing dinator, Personnel Division (A); and Coordinator. Department of Educa ton; and General Manager, Washington Convention Center. tion (A). (zzz) Appointed by the U.S. President. (rrr) Responsibilities shared between Secretary of State (CE); and Elec (aaaa) Responsibilities shared between Assistant Commissioner, Depart tions Assistant, Office of the Secretary of State (A). ment of Human Services (AG); and Administrator, same department (AG). The Council of State Governments 81 EXECUTIVE BRANCH Table 2.11 SELECTED STATE ADMINISTRATIVE OFFICIALS: ANNUAL SALARIES State or other Lieutenant Secretary Attorney Adjutant jurisdiction Governor governor oj state general Treasurer general Administration Agriculture Banking Budget Alabama .. $ 81,151 $ 45,360 $ 57,204 $ 90,475 $ 57,204 561,073 (a-I7) $56,806 561,073 $62,400 (b) Alaska .... 81,648 76,188 (a-I) 61,008 (b) (a-9) 72,468 (b) 72,468 (b) 67,800 (b) 67,800 (b) (c) Arizona. 75,000 (a-2) 54,600 76,400 54,600 58,000 64,123 (b) 75,240 73,706 (a-26) Arkansas 35,000 14,000 22,500 26,500 22,500 56,004 (a-I6) 52,028 68,876 54,461 CalifornIa. 114,286 (d) 85,714 (d) 85,716 (d) 102,000 85,714 (d) 98,824 (d) (e) 101,343 (d) 95,052 (d) (a-I6) Colorado .... 70,000 48,500 48,500 60,000 48,500 81,400 75,000 75,000 50,508 (b) 75,000 Connecticut .. 78,000 55,000 50,000 60,000 50,000 59,789 (b) 78,732 (b) 59,789 (b) 67,639 (b) 75,732 (b) Delaware, ... 80,000 36,500 73,700 84,700 68,200 62,800 68,200 62,800 71,000 79,100 Florida 103,909 94,040 94,040 94,040 94,040 81,399 89,000 94,040 (a-9) 87,000 ~rgla. 91,080 70,698 72,966 74,645 (8-16) 81,398 70,725 72,966 70,728 82,980 Haw.1i 94,780 90,041 (a-I) 85,302 (a-6) 88,107 (a-9) 85,302 67,716 85,302 Idaho .. 75,000 20,000 62,500 67,500 62,500 75,233 63,440 65,000 65,000 (a-16) illinois. 97,370 68,732 85,915 85,915 74,459 42,384 83,000 68,732 68,250 82,000 Indiana .. 74,100 51,199 40,889 59,202 40,898 59,878 72,410 46,410 64,272 70,304 Iowa. 76,700 60,000 60,000 73,600 60,000 64,494 (a-17) 60,000 65,083 59,779 Kansas. 74,235 70,346 57,668 66,324 59,110 59,000 74,000 63,600 51,279 66,000 Kentucky 79,255 67,378 67,378 67,378 67,378 70,000 56,544 67,378 60,776 N.A. Louisiana 73,440 63,367 60,169 66,566 60,169 83,998 69,156 60,169 75,920 64,128 Maine. 70,000 (s) 48,152 58,240 58,261 47,861 63,606 62,317 67,808 66,539 Maryland 120,000 100,000 70,000 100,000 100,000 72,896 (b) (a-25) 85,027 (b) 62,497 (b) 99,175 (b) Massachusetts . 75,000 60,000 60,000 65,000 60,000 81,400 80,066 58,010 69,015 77 ,547 Michigan 106,690 80,300 109,000 109,000 83,100 81,400 79,200 83,100 32,593 (b) 83,100 Minnesota .. 109,053 59,981 59,981 85,194 59,981 81,390 67,500 67,500 67,500 (a-16) Mississippi . 75,600 40,500 54,000 61,200 54,000 50,400 47,002 (b) 54,000 49,200 (a-I6) Missouri . 88,541 54,343 72,327 78,322 72,327 60,192 78,322 69,329 59,109 (a-5) Monfana. 54,254 54,305 36,556 49,573 36,278 54,305 54,305 54,305 35,595 54,305 Nebraska 65,000 47,000 52,000 64,500 49,500 50,310 58,602 64,349 71,769 59,628 Nevada ...... 82,391 18,309 57,216 77,814 57,216 59,980 67,879 53,183 52,882 (a-5) Ne" Hampsblre 79,541 (s) 63,430 71,007 63,430 67,230 71,007 53,024 67,230 Gil ~ew Jersey .... 85,000 (s) 100,225 100,225 100,225 100,225 67,541 100,225 100,225 93,064 New Mexico. 90,692 65,500 65,500 73,060 65,500 63,042 (a-17) 63,500 54,282 58,692 New York .. 130,000 (00) 110,000 87,338 110,000 (pp) 87,338 (a-17) 87,338 87,338 96,662 North Carolina 123,000 75,252 75,252 75,252 75,252 67,130 75,252 75,252 72,408 91,703 North Dakota 67,800 55,632 51,272 57,936 51,272 79,992 (a-25) 51,264 51,792 (rr) Ohio 99,986 51,709 73,861 73,861 73,861 70,658 85,987 75,005 62,358 79,643 Oklahoma 70,000 40,000 42,500 55,000 50,000 63,118 66,019 55,000 60,420 (0-16) Oregon. 80,000 (0-2) 61,500 66,000 61,500 70,588 90,055 74,11 I (ww) 70,584 Pennsylvania .. 105,000 83,000 72,000 84,000 84,000 72,000 80,000 72,000 72,000 80,000 Rbode Island .. 69,900 52,000 52,000 55,000 52,000 54,848 72,140 42,662 56,021 71,102 South Carolina . 98,000 43,000 85,000 85,000 85,000 85,000 (0-16) 85,000 (0-4) 80,441 South Dakota 60,890 56,067 41,371 51,715 41,371 61,326 60,439 57,304 63,987 (0-16) Tennessee .. 85,000 (s) 73,148 89,775 73,148 64,708 (a-17) 62,475 64,708 64,116 Texas. 95,301 7,140 70,476 76,192 76,192 58,082 (a-17) 76,192 82,514 76,508 Utah ...... 72,800 54,600 (a-I) 58,300 55,200 46,800 (b) 55,100 (b) 43,800 (b) 50,600 (b) (eee) Vermont .. 80,730 33,655 50,800 61,025 50,800 54,311 64,189 56,700 57,861 (a-I6) Virginia .. 105,882 29,550 56,603 93,100 85,881 71,193 95,700 77,130 93,897 87,054 Washington. 112,000 58,600 60,100 86,400 74,700 61,819 (b) (a-17) 87,434 52,056 (b) (0-16) West VirgInia .... 72,000 (s) 43,000 50,400 50,400 35,700 70,000 46,800 38,300 25,152 (b) Wisconsin. 92,283 49,673 45,088 82,706 45,088 52,480 (b) 65,484 (b) 56,497 (b) 48,746 (b) 52,480 (b) Wyoming 70,000 (a-2) 52,500 71,298 52,500 63,119 64,087 66,201 41,004 61,800 Dist. of Columbia . 90,500 (vvv) 81,885 81,885 81,885 N.A. 90,000 81,885 81,885 American Samoa .. 50,000 45,000 (a-I) 43,975 N.A. 39,600 40,500 N.A. 39,600 Puerto Rico. 70,000 (bbbb) (a-2) 65,500 65,000 65,000 60,000 (a-25) 65,000 75,000 65,000 U.S. Virgin Islands. 80,000 75,000 (a-I) 65,000 (a-I6) 65,000 (a-30) (a-I2) (a-I) 65,000 Source: The Council of State Governments' survey of state personnel (a-B) Educarion (chief state school officer) agencies, January 1992. (a-14) Energy Note: The chief administrative officials responsible for each function (a-15) Environmental protection were determined from information given by the states for the same func~ (a-16) Finance tion as listed in State Administrative Officials Classified by Function, (a~ 17) General services 1991-92, published by The Council of State Governments. (a-18) Highways Key: (a-19) Insurance N .A. - Not available (a-20) Labor .. - No specific chief administrative official or agency in charge of (a-2I) Licensing function (a-22) Mental health and retardation (a) Chief administrative official or agency in charge of function: (a-23) Natural resources (a~ I) Lieutenant governor (a-24) Parks and recreation (a~2) Secretary of state (a-25) Personnel (a-3) Attorney general (a-26) Planning (a-4) Treasurer (a-27) Post audit (a-5) Administration (a-28) Pre-audit (a-6) Budget (a-29) Public utility regulation (a~ 7) Commerce (a-30) Purchasing (a-8) Community affairs (a-3I) Revenue (a-9) Comptroller (a-32) Social services (a- 10) Consumer affairs (a-33) Tourism (a- I I) Corrections (a-34) Transportation (a~12) Economic development (a-35) Welfare 82 The Book of the States 1992-93 EXECUTIVE BRANCH SELECTED OFFICIALS: ANNUAL SALARIES-Continued Stale or other Civil Community Consumer Economic Election Emergency jurisdiction rights Commerce affairs Comptroller affairs Corrections development Education administration management AI.b...... 591,340 $61,073 $ 62,400 (b) $35,334 (b) $ 73,720 (a-8) $112,683 $29,068 (b) $61,073 AI ..k •...... 67,800 (b) 72,468 (b) 72,468 (b) 61,008 (b) 61,008 (b) 72,468 (b) 67,800 (b) 72,468 (b) 67,800 (b) 67,800 (b) Arizona .... . 84,430 90,000 33,737 (b) (a-16) 82,000 96,140 (a-7) 54,600 (a-2) 52,564 Ark...... (a-12) (a-32) (a-16) (a-3) 70,884 66,985 65,426 (a-2) 43,088 Callfornl •... 83,869 (d) 95,052 (d) 67,824 (d) 85,714 95,052 (d) 95,052 (d) (a-7) 97,143 (d) 70,956 88,062 Colorado ... 49,416 (b) 49,416 (b) 50,508 (b) 58,068 76,000 79,750 90,885 36,876 (b) 48,108 (b) Connecticul .. 63,246 (b) (a-12) 50,009 (b) 50,000 59,938 (b) 72,681 (b) 67,639 (b) 78,732 (b) 57,632 (b) 45,311 (b) Delaware .. . 44,500 (a-2) 63,600 44,700 79,100 79,100 97,000 41,200 46,300 florida ..... 52,500 89,000 89,000 94,040 62,000 89,000 65,405 94,040 61,888 70,359 Geol'lll •...... 57,990 81,792 81,774 (a-19) 64,194 70,725 (a-7) 74,645 66,545 67,300 Hawaii .... 64,992 85,302 74,880 85,302 70,763 85,302 85,302 9O,04i (a-i) 88,107 Idaho ..... 42,910 60,424 37,980 (a-28) (a-3) 66,622 42,910 62,500 56,139 49,69i IIHnois ..... 59,568 68,732 (a-7) 74,459 (a-3) 68,732 (a-7) 110,000 69,700 42,384 Indian •.... 47,034 (a-i) 58,3i8 (a-28) 48,542 73,866 62,504 58,592 40,040 60,008 Iowa 44,346 57,000 59,010 (a-6) 63,003 72,613 90,000 95,052 (a-2) 43,017 Kanas 59,496 64,392 51,000 66,201 45,5i6 74,000 (n) 92,817 33,804 44,424 Kenlucky .... 66,150 (a-I) 60,000 (a-16) (a-3) 70,000 (a-I) 150,000 58,591 44,364 Louisiana .. . (a-3) (a-12) N.A. (a-5) 58,000 90,000 95,000 60,168 45,000 M.lne .... 52,645 (a-12) 50,024 60,653 54,995 68,619 75,629 75,629 43,638 50,274 M.ryl.nd 69,521 66,304 64,372 100,000 68,293 72,896 (b) 66,304 91,828 (b) 68,293 53,581 (b) M.ssachusett. . .. 46,170 (a-12) 66,979 77,547 64,482 77,547 70,666 61,301 49,300 58,010 Mlchle·n .. 83,100 83,100 51,343 (b) 32,593 (b) 64,289 (b) 83,100 55,540 (b) 83,100 (a-2) 48,462 (b) Mlnn.... ta 60,000 67,500 67,484 (a-16) 72,800 67,500 51,240 78,500 (z) 55,750 Mississippi . 59,400 (b) 44,936 (b) (a-16) 55,393 (b) (a-7) 75,847 (b) 45,604 (b) 33,600 Missouri 51,144 (a-12) 65,556 59,128 (a-3) 69,329 69,329 79,080 31,128 53,247 Mon.ana. 43,254 54,305 43,873 (a-5) 36,718 54,305 45,331 42,929 24,868 33,735 Nebrask. 73,894 (a-12) N.A. 63,312 44,280 64,375 74,390 (ff) (a-2) 40,152 Nevada . . 48,785 62,880 50,887 57,216 40,185 70,697 66,392 66,778 38,220 41,984 New H.mpshlre 39,839 71,007 57,400 55,869 (a-3) 63,430 53,024 71,007 (a-2) 57,330 New Jersey ..... 75,000 100,225 100,225 (a-6) 75,000 100,225 75,292 100,225 (kk) 94,700 New Mexico .... 49,095 (a-12) 57,439 (a-4) 59,510 63,500 63,500 72,207 52,486 52,486 New york ..... 79,437 (a-12) (a-2) 110,000 73,482 98,399 87,338 131,250 79,437 87,338 North Carolln •... 52,455 75,252 60,393 96,000 56,877 75,252 70,489 75,252 79,385 56,746 North Dakot•. (a-20) (a-12) 43,404 82,998 32,532 45,000 N.A. 52,308 (ss) 41,328 Ohio .. 62,733 74,984 58,490 (a-4) 66,830 79,997 85,010 il5,003 62,234 47,736 Okl.hom•.... 45,904 89,000 (a-7) 59,570 47,920 70,000 (a-7) 55,000 62,820 38,622 Ol'Olon ...... 60,960 (a-19) 67,164 (a-4) 81,650 60,960 63,345 63,951 52,629 Pennsylvania .. 60,108 (b) 76,000 72,000 62,200 65,000 (b) 80,000 (a-7) 80,000 39,511 (b) 60,108 (b) Rhode Island. 37,141 (a-12) 59,493 63,493 39,264 72,140 67,716 94,500 37,692 51,562 Soulh Carolina 72,051 97,076 33,977 85,000 81,962 99,236 (a-7) 85,000 62,482 40,023 (b) South Dakota . 26,939 60,439 (a-12) 41,371 42,266 62,067 54,403 (ccc) 30,364 44,301 Tennessee ...... 55,068 (a-8) 72,585 73,148 39,312 68,646 (a-IO) 99,807 41,688 53,244 Texas. 50,643 72,828 57,120 76,192 (a-3) 80,371 70,083 53,785 53,550 Ulah .. 33,030 (b) 50,600 (b) (fff) (a-16) 31,304 (b) 50,600 (b) 36,733 (b) 80,176 (a-I) 38,750 (b) Vermont ...... (iii) (a-12) 50,000 (a-16) 58,011 56,492 52,750 68,601 Ujjl 42,578 Vlrglnl •.... 47,708 56,603 73,657 86,639 44,952 94,874 96,699 104,653 51,500 65,258 Washington 65,700 (a-12) 87,434 (a-4) 84,000 87,434 87,434 80,500 35,076 (b) 44,880 (b) West VIrginia 40,000 (ppp) 63,600 46,800 39,900 (b) 45,000 (a-IO) 70,600 (a-2) 32,000 Wisconsin. 42,061 (b) 56,497 (b) 45,282 (b) 45,282 (b) (qqq) 56,497 (b) 39,071 (b) 72,337 42,061 (b) 42,061 (bl Wyoming (sss) 65,662 (a-i2) 52,500 31,000 64,375 61,626 52,500 (ttt) 39,914 Di,t. of Columbl. 81,885 (a-12) 72,000 81,885 (www) 81,885 81,885 81,885 81,885 81,885 America. Samoa .. N.A. N.A. N.A. 35,013 N.A. 38,250 40,500 37,003 27,000 Puerto Rico ..... 45,000 65,000 60,000 61,500 65,000 60,000 62,000 65,000 65,500 45,000 U.S. Virgin 1.lands .. 37,000 (a-12) (a-32) (a-16) 65,000 (a-3) 65,000 65,000 35,000 50,000 (b) Minimum figure in range; top of range fol1ows: Arizona: Administration, 597,042; Community affairs, $51,058 Alabama: Bud8et, 595,134; Comptroller, 595,134; Consumer affairs, Colorado: Banking, $67,680; Civil rights, $66,216; Community affairs, 553,872; Eiections administration, $44,070; Employment services, $70,720; 566,216; Comptroller, $67,680; Elections administration, $49,416; Emer- Fish & wildlife, $70,720; General services, 565,598; Higher education, geney management, $64,452; Environmental protection, $67,680; Fish & 593,310; Information services, 582,030; Parks & recreation, $70,720; Pur- wildlife, $67,680; Information systems, $67,680; Labor, $67,680; Mental chasing, 576,154; Solid waste management, $70,720; State police, $56,550; health & retardation, $67,680; Parks & recreation, $67,680; Purchasing, Transportation, S51,220 567,680; Solid waste management, 560,060; State police, $67,680; Tourism, Alaska: Attorney general, $72,468; Adjutant general, $86,760; Adminis- $66,216 tration, $86,760; Agriculture, 580,772; Banking, 580,772; Civil rights, Connecticut: Adjutant generai, $72,538; Administration, $95,155; 580,772; Commerce, 586,760; Community affairs, $86,760; Comptroller, Agriculture, $72,538; Banking, $81,686; Budget, $97,283; Civii rights, $72,468; Consumer affairs, $72,468; Corrections, 586,760; Economic de- $76,424; Community affairs, 563,028; Consumer affairs, $76,880; Cor- velopment, $80,772; Education, $86,760; Elections administration, $80,772; rections, $88,024; Economic development, $81,686; Education, $95,155; Emergency management, $80,772; Employment services, $80,772; Environ- Elections administration, $73,927; Emergency management, $54,819; Em~ mental protection, $86,760; Finance, 580,772; Fish & wildlife, $86,760; ployment services, $76,424; Energy, $72,538; Environmental protection, General services, $80,772; Higher education, $83,844; Historic preserva~ $88,024; Finance, 599,913; Fish & wildlife, $79,958; Health, $88,024; High- tion; 559,052; Information systems, $80,772; Insurance, 580,772; Labor, ways, $76,424; Historic preservation, 551,931; Information systems, 586,760; Licensing, 580,772; Mental health & retardation, $80,772; Natural $76,424; Insurance, $81,686; Labor, $81,686; Licensing, $60,758; Natur- resources, $86,760; Parks & recreation, $80,772; Personnel, 580,772; Post al resources, $73,927; Parks & recreation, $79,958; Personnel, $76,424; audit, 580,772; Public library development, 580,772; Public utility regula- Planning, 572,538; Public library development, $72,538; Public utility regu- tion, 580,772; Revenue, 580,772; Solid waste management, 563,240; State lation, $93,546; Purchasing, $83,160; Revenue, $81,686; Social services, police, 580,772; Tourism, $80,772; Transportation, $86,760; Welfare, 581,686; Solid waste management, $49,654; State police, $88,024; Tourism, 580,772 $58,420; Transportation, $99,913; Weifare, $88,024 The Council of State Governments 83 EXECUTIVE BRANCH SELECTED OFFICIALS: ANNUAL SALARIES-Continued State or other Employment Environmental Fish & General Higher Historic jurisdiction services Energy protection Finance wildlife services Health education Highways preservation Alabama. $46,358 (b) $55,100 $ 71,000 $ 61,073 $46,358 (b) $43,004 (b)5128,652 $ 70,356(b) 561,073 $64,500 Alaska. 67,800 (b) 72,468 (b) 67,800 (b) 72,468 (b) 67,800 (b) (a-35) 70,092 (b) 49,860 (h) Arizona. 59,611 51,058 95,000 68,831 67,142 71,500 95,000 36,221 79,800 45,000 Arkansas 72,976 59,007 60,882 77,285 63,347 (a-16) 78,350 78,319 86,558 46,436 California. 95,052 (d) 90,860 (d) 101,343 (d) 101,343 (d) 99,805 95,052 (d) 95,052 (d) 109,600 63,000 64,668 Colorado .. . 75,000 44,100 50,508 (b) (a-9) 50,508 (b) 75,000 95,500 (a-34) N.A. Connecticut 63,246 (b) 59,789 (b) 72,681 (b) 82,669 (b) 62,333 (b) (a-5) 72,681 (b) 101,800 63,246 (b) 40,487 (b) Delaware (a-25) 26,734 73,700 84,700 51,000 (a-5) 101,400 51,900 76,500 55,900 Florida. 75,000 75,000 89,000 66,400 87,811 (k) 70,292 165,000 89,000 62,624 Georgia. 63,108 64,194 79,393 67,164 69,484 (a-5) 120,000 143,298 (a-34) 52,782 Hawaii. 69,096 ~ 79,452 74,880 (a-6) 66,636 (a-9) 85,302 90,041 78,012 (a-23) Idaho ... 61,900 52,187 65,000 65,000 75,233 46,176 80,974 87,984 (a-34) 49,691 Illinois .. . 74,459 59,568 68,732 (m) (a-23) 71,595 74,459 124,200 (a-34) 45,729 Indiana. 67,080 32,916 73,034 (a-6) 44,772 (a-5) 69,784 106,288 (.-34) 40,794 Iowa .. . 68,288 62,566 65,083 (a-6) 65,083 68,000 65,000 95,052 68,203 61,964 Kansas 68,484 42,240 50,172 (0) 47,796 (a-5) 105,074 98,500 (.-34) 41,280 Kentucky N.A. 70,847 62,512 70,000 (q) (a-5) 104,264 90,785 N.A. N.A. Louisiana. 47,037 55,728 68,004 (a-5) 60,320 (a-5) 118,992 104,000 (.-34) 45,600 Maine. 59,862 47,694 62,317 71,947 58,344 59,550 68,619 N.A. (a-34) 60,154 Maryland. 62,497 (b) 85,027 (b) 99,175 (b) 44,236 (b) 85,027 (b) 99,175 (b) 91,828(b) 93,500 68,293 Massachusetts . (u) 52,090 77,547 (a-5) 63,273 (a-5) 77,547 100,000 77,547 50,000 Michigan 32,593 (b) 32,593 (b) (a-6) (x) 32,593 (b) 83,100 55,54O(b) (a-34) 32,593 (b) Minnesota 62,911 54,016 54,079 78,500 51,427 (a-5) 67,500 89,250 N.A. N.A. Mississippi 51,600 44,936 (b) 53,234 (b) 56,791 (b) 53,234 (b) (a-5) 98,304 (b) 99,500 54,000 44,400 Missouri 65,585 55,478 62,708 (cc) 59,856 55,506 83,172 75,000 81,384 32,004 Montana. 46,995 45,331 54,305 (a-6) (dd) 33,735 49,456 90,001 54,305 Nebraska. 54,072 49,428 75,000 (gg) (hh) (a-5) 89,000 57,492 (a-34) 60,912 Nevada. 58,580 (a-8) 56,582 (a-9) 53,283 57,981 55,082 141,761 (a-34) 42,603 New Hampshire . 63,430 37,485 69,122 (a-5) 53,024 (a-5) 79,001 45,447 (a-34) 55,869 New Jersey. 75,000 74,000 100,225 (a-6) 66,000 85,000 100,225 100,225 (a-34) 67,836 New Mexico. 63,500 58,465 63,500 63,500 60,240 63,500 63,500 66,480 63,500 46,625 New york ..... (a-20) 87,338 91,957 (a-9) (a-15) 91,957 98,399 (a-B) (a-34) (a-24) North Carolina 72,408 49,901 68,567 (a-6) 62,424 48,409 71,790 142,520 96,096 52,132 North Dakota . 55,596 36,240 56,796 (a-6) 52,008 82,998 82,764 124,992 (a-34) 29,772 Ohio 74,984 60,986 80,018 (a-6) 61,630 (a-5) 85,987 115,003 (a-34) N.A. Oklahoma (vv) 62,920 66,996 65,420 65,516 (a-5) 93,288 145,000 68,420 52,400 Oregon . . 74,111 58,067 74,111 (a-6) 74,111 77,769 70,588 126,000 74,111 N.A. Pennsylvania 64,250 60,108 (b) 64,500 (a-6) (xx) 76,000 80,000 64,500 67,750 39,511 (h) Rhode Island 79,002 (a-29) 67,716 (a-6) 47,183 (a-5) 93,830 102,781 (a-34) 45,101 South Carolina . 93,272 N.A. 87,006 97,367 90,534 79,624 104,775 96,045 101,249 32,895 (b) Soutb Dakota .' 31,387 47,071 66,096 71,418 51,751 (a-5) 60,439 95,900 57,304 41,995 Tennessee . . 64,708 39,888 64,212 73,148 68,646 62,457 68,646 115,620 (a-34) 38,184 Texas. 77,520 76,192 68,865 (a-9) 73,440 67,320 81,600 114,554 81,600 48,862 Utah .... 46,155 (b) 38,750 (b) 49,400 (b) 46,155 (b) 40,872 (b) (a-5) 59,900 (b) N.A. (a-34) 34,840 (b) Vermont. 52,717 56,992 53,497 54,000 51,586 (kkk) 68,463 (a-5) (a-34) 44,803 Virginia. 78,276 87,371 65,624 95,700 70,187 59,885 (b) 100,229 99,425 (a-34) 62,315 Washington .. 48,960 (b) 65,575 87,434 102,005 (nnn) 82,486 87,434 93,000 (a-34) 40,668 (h) West Virginia 45,000 65,000 47,800 (a-5) 32,820 (b) 34,032 (b) 70,000 100,000 (a-34) 21,924 (h) Wisconsin. 48,746 (b) 45,282 (b) 52,480 (b) 48,746 (b) (rrr) 48,746 (b) 56,497 (b) 75,89O(b) 52,480 45,282 (h) Wyoming. 56,000 59,884 (a-27) 64,927 (a-5) 65,662 63,000 (a-34) 54,027 Dist. of Columbia 81,885 81,885 61,452 (b) 81,885 61,452 (b) 81,885 81,885 (xxx) 61,452 (b) 61,452 (b) American Samoa 38,250 32,292 N.A. 38,250 39,600 45,500 40,500 40,500 27,284 Puerto Rico. 33,360 40,000 60,000 (a-6) (a-23) 60,000 65,000 60,000 60,000 55,000 U.S. Virgin Islands. (a-20) 54,500 (a-23) 65,000 51,000 (a-30) 65,000 N.A. 46,000 33,171 (b) Minimum figure in range; top of range follows (continued): Licensing, 591,203; Parks & recreation, $85,190; Personnel, 597,530; Public Florida: Social services. $90.723 library development, $76,800; Purchasing, 585,190; Solid waste manage- Kentucky: Solid waste management, $52,512 ment, 585,190; Tourism, $85,190 Maryland: Adjutant general, $89,654; Agriculture, 5104,572; Banking, Mississippi: Administration, $59,713; Commerce, $75,471; Communi- $76,864; Budget, $121,973; Corrections, $89,654; Education, 5112,937; ty affairs, 567,290; Corrections, 570,378; Education, $96,363; Elections Emergency management, $65,899; Energy, $76,864; Environmental pro- administration, $53,765; Energy, $67,290; Environmental protection, tection, $104,572; Finance, 5121,973; Fish & wildlife, 558,104; General serv- $67,623; Finance, 572,153; Fish & wildlife, $67,623; Health, 5125,042; In- ices, $104,572; Health, 5121,973; Higher education, 5112,937; Insurance, formation systems, $74,720; Mental health & retardation, $64,660; Parks $76,864; Licensing, $104,572; Mental health & retardation, 589,654; Natural & recreation, $66,288; Personnel, $74,720; Planning, $66,288; Public utility resources, $112,937; Parks & recreation, $83,012; Personnel, 5104,572; Pub- regulation, 578,936; Purchasing, 561,508; Social services, $75,471; Solid lie utility regulation, $89,654; Solid waste management, $61,017; State waste management, $40,470; Tourlsm, $67,290 police, $89,654; Transportation, $121,973 Pennsylvania: Civil rights, $69,986; Consumer affairs, $70,000; EJec- Massachusetts: Public library development, $48,770 tions administration, 561,066; Emergency management, $69,986; Energy, Michigan: Banking, $85,190; Community affairs, 568,736; Comptroller, $69,986; Historic preservatlon, $61,066; Parks &. recreation, 568,499; Pur- $85,190; Consumer affairs, 585,921; Economic development, 574,332; chasing, 564,489; Solid waste management, $68,499 Emergency management, $64,769; Employment services, $85,190; Environ- South Carolina: Emergency management, 560,034; Historic preserva- mental protection, 591,203; General services, $91,203; Higher education, lion, $49,342 $74,332; Historic preservation, $85,190; Information systems, $85,190; 84 The Book of the States 1992-93 EXECUTIVE BRANCH SELECTED OFFICIALS: ANNUAL SALARIES-Continued State or other Information Mental health Natural Parks &; Post jurisdiction systems Insurance Labor Licensing &: retardation resources recreation Personnel Planning audit Alabama .... S53,872 (b) S 61,073 S 61,073 $88,322 5 61,073 $46,358 (b) 593,525 S6O,I02 S9O,558 Alaska. 67,800 (b) 67,800 (b) 72,468 (b) 67,800 (b) 67,800 (b) 72,468 (b) 67,800 (b) 67,800 (b) 67,800 (b) Arizona . . 73,706 74,459 N.A. 54,386 62,000 53,524 65,000 75,000 85,000 85,964 Arkansas. 69,914 59,643 63,610 59,358 48,196 58,945 54,461 22.500 California .. 86,544 95,052 101,343 (d) (0-10) 95,052 (d) 101,343 (d) 99,805 95,052 (d)95,052 78,036 Colorado ..... 50,508 (b) 70,000 50,508 (b) 78,750 50,508 (b) 75,000 50,508 (b) 75,000 (a-6) 80,381 Connecticut .. 63,246 (b) 67,639 (b) 67,639 (b) 47,368 (b) (g) 57,632 (b) 62,333 (b) 63,246 (b)59,789 (b) (h) Delaware 77,800 62,800 68,200 49,800 (i) (a-15) 60,400 73,700 62,800 florida 64,909 (a-4) 67,871 57,848 70,292 87,473 74,352 (a-5) (a-6) 89,760 Gfltrgla. 67,200 72,954 72,966 62,238 79,999 78,349 74,088 81,804 (0-6) 72,406 Hawaii 79,032 67,716 85,302 (a-7) (I) 85,302 55,020 85,302 85,302 72,996 Idaho (a-5) 61,900 57,532 36,171 45,073 65,000 63,440 (a-7) 60,424 Illinois . . (a-17) 63,004 63,004 63,004 74,459 68,732 (a-23) (a-17) 83,000 71,253 Indiana 59,514 52,520 54,106 41,236 66,534 71,058 50,440 65,000 50,076 62,712 Iowa. 65,083 58,576 55,640 40,844 68,245 68,980 56,534 65,000 (a-12) 60,000 Kansas 60,000 57,668 50,400 (p) 60,000 (a-24) 68,484 65,000 66,000 67,668 Kentucky .. (0-16) 55,000 70,000 44,163 73,244 72,931 60,000 70,000 N.A. 67,378 Louisiana 72,780 60,169 60,328 46,452 65,860 58,451 45,600 80,076 48,444 (r) Maine., . 81,286 61,610 68,619 52,104 75,629 (t) 58,406 59,550 66,539 54,038 Maryland .... 62,497 (b) 70,342 85,027 (b) 72,896 (b) 91,828 (b) 67,496 (b) 85,027 (b)75,968 83,524 Massachusetts 73,156 69,015 61,786 63,273 (v) 69,015 (w) 73,156 70,066 60,000 Michigan. 32,593 (b) 67,300 83,100 32,593 (b) 83,100 83,100 32,593 (b) 32,593 (b) 85,700 Minnesota 63,454 (a-7) 67,500 (aa) 75,231 67,500 42,783 67,500 67,500 (bb) Mississippi 58,816 (b) 54,000 50,905 (b) (a-15) 44,268 (b) 58,816 (b)44,268 (b) 54,000 Missouri. 59,128 69,329 69,329 55,488 77,449 69,329 59,103 55,506 (a-5) 72,327 Montana .. . 50,385 34,711 54,305 46,995 (ee) 54,305 40,872 45,331 (a-6) 63,799 Nebraska .. 67,752 62,275 50,985 53,172 (ii) 55,689 73,375 59,040 52,308 49,500 Nevada .. . 58,581 69,997 47,284 68,977 61,132 45,885 54,183 50,996 66,291 Ne .. Hampshire ... 67,230 53,024 (a-2) 69,122 (a-7) 53,024 63,430 57,400 67,230 Ne .. Jersey .... . 85,000 100,225 100,225 75,000 80,988 67,836 71,199 100,225 (11) 85,000 New Mexico .. . 56,458 51,380 49,094 (mm) (nn) 63,500 55,114 55,232 65,500 N .... Yorl< ... . (a-17) 87,338 91,957 (a-2) (qq) (a-IS) 87,338 87,338 (a-12) (a-9) North Carolina . 97,586 75,252 75,252 83,254 75,252 58,787 75,252 55,047 75,252 North Dakota 59,568 51,264 49,900 (a-2) 52,680 38,976 51,996 46,596 43,404 (tt) Ohio 55,993 75,005 75,005 46,010 (uu) 72,010 55,931 57,990 (a-6) 73,861 Okbhoma 65,500 62,000 42,140 76,812 (a-33) (a-33) 56,820 50,000 Oregon ..... 67,164 81,650 63,345 81,650 70,588 67,164 67,164 67,164 Pennsylvlnia . 71,000 72,000 80,000 58,500 (yy) 80,000 52,264 (b) 66,450 80,000 84,000 Rhode Island . 53,901 52,556 61,081 40,470 (zz) (a-15) 51,184 50,575 68,604 (aaa) South Carolina 79,977 88,281 70,854 (a-17) (bbb) N.A. 75,730 77,176 (a-25) 89,185 South Dakota .. (0-5) 60,439 60,439 24,700 (ddd) 60,439 47,071 60,439 57,200 Tennessee . 66,648 64,708 62,457 42,084 72,468 68,646 53,508 64,708 65,268 (a-9) Texas. ,. 17,112 67,320 (a-21) 60,085 90,250 68,691 73,440 71,650 (a-6) 86,700 Utah. 43,846 (b) 43,800 (b) 46,800 (b) 34,840 (b) (ggg) 55,100 (b) 38,750 (b) 55,100 (b) 50,600 (b) (hhh) Vermont ... . (lll) 57,861 51,975 42,931 68,593 64,665 55,536 53,250 N.A. 54,100 Virginia ... 86,149 93,897 68,314 56,603 95,487 95,700 59,093 74,857 (a-6) 90,632 Washington ...... 87,434 72,700 87,434 87,434 60,372 (b) 80,500 81,193 87,434 (a-16) 77,800 West Virginia ...... 44,640 (b) 36,700 35,700 ... 70,000 47,800 49,980 38,976 (b) (a-5) N.A. Wisconsin .... . 42,061 (b) 52,480 (b) 56,497 (b) 48,746 (b) 36,133 (b) 60,823 (b) 42,061 (b) 60,823 (b) (a-6) 56,497 (b) Wyoming .. . 60,395 44,160 (b) 47,861 21,564 (uuu) 68,808 54,027 56,889 51,857 52,500 Olst. of Columbia . 61,452 (b) 61,452 (b) 81,885 61,452 (b) 81,885 61,452 (b) (yyy) 81,885 81,885 81,885 American Samoa 29,172 27,500 29,172 39,600 40,500 N.A. 33,332 Puerto Rico ... (a-17) 60,000 65,000 22,380 64,500 65,000 65,000 60,000 65,000 (a-9) V.S. Virzi. IsI.ads. (a-6) (a-I) 65,000 (a-IO) 52,500 65,000 65,000 65,000 52,000 60,000 (b) Minimum figure in range; top of range follows (continued): formation systems, S72,564; Personnel, $63,372; Purchasing, $63,372; Solid Utah: Adjutant general, $63,300; Administration, $74,500; Agriculture, waste management, $59,256 $59,200; Banking, $68,400; Civil rights, $49,067; Commerce, S68,4OO; Con Wisconsin: Adjutant general, $79,680; Administration, SIOO,186; sumer affairs, $46,613; Corrections, $68.400; Economic development, Agriculture, 586,443; Banking, S73,456; Budget, S79,680; Civil rights, S54,517; Emergency management, $57,741; Employment services, $68,390; $62,450; Commerce, $86,443; Community affairs, $67,726; Comptroller, Energy, $57,741; Environmental protection, $73,112; Finance, S68,39O; $67,726; Corrections, 586,443; Economic development, $57,591; Elections Fish & wildlife, $61,110; Health, S8I,OOO; Historic preservation, $51,584; administration, 562,450; Emergency management, $62,450; Employment lnformation systems, $64,002; lnsurance, S59,200; Labor, $63,300; licens services, 573,456; Energy, 567,726; Environmental protection, S79,680; ing, $51,584; Natural resources, $74,500; Parks & recreation, $57,741; Per Finance, $73,456; General services, $73,456; Health, 586,443; Higher edu sonnel, S74,500; Planning, $68,400; Public library development, $51,584; cation, $116,116; Highways, S79,680; Historic preservation, 567,726; In Public utility regulation, S54,517; Purchasing, $51,584; Revenue, $68,400; formation systems, $62,450; Insurance, $79,680; Labor, S86,443; Licensing, Social services, 574,500; Solid waste management, 564,646: State police. $73,456; Mental health & retardation, $52,889; Natural resources, $93,062; S61,11O; Tourism, S54,517; Transportation, $74,500; Welfare, 564,646 Parks & recreation, $62,450; Personnel, $93,062; Post audit, $86,443; Pre Vermont: Tourism, 555,182 audit, $48,571; Public library development, 557,591; Purchasing, S62,450; Virginia: General services, $92,824 Revenue, 593,062; Social services, $107,858; Solid waste management, Washington: Adjutant general, $84,820; Banking, $66,636; Elections ad $73,456; State police, $62,450; Tourism, $67,726; Transportation, $93,062; ministration, $44,880; Emergency management, $57,468; Employment serv Welfare, $86,443 ices, 562,184; Historic preservation, $52,056; Mental health & retardation, Wyoming: lnsurance, $75,852 $77,280; Purchasing, $66,636; Solid waste management, $53,364; Tourism, Dist. of Columbia: Environmemal protection, $76,006; Fish & wildlife, S6O,372 $76,006; Highways, $76,006; Historic preservation, $76,006; lnformation West Virginia: Budget, $46,044; Consumer affairs, $47,250; Fish & wild systems, $76,006; lnsurance, $76,006; Licensing, 576,006; Natural life, $59,256; General services, $55,344; Historic preservation, 539,228; In- resources, S76,OO6; Solid waste management, $76,006; Welfare, $76,006 The Council of State Governments 85 EXECUTIVE BRANCH SELECTED OFFICIALS: ANNUAL SALARIES-Continued Public Public Solid Stale or other library utility Social waste State jurisdiction Pre-audit development regulation Purchasing Revenue services management police Tourism Transportation Welfare Alabama. (a-9) S60,OOO S55,344 S49,972 (b) S6I,073 5 88,322 S46,358 (b) $31,128 (b) 561,073 533,618 (a-32) Alaska .... (a-16) 67,800 (b) 67,800 (b) (a-17) 67,800 (b) 53,304 (b 67,800 (b) 67,800 (b) 72,468 (b) 67,800 (b) ArizOIlI,. " (a-16) 42,025 75,550 65,313 85,000 63,223 53,000 87,130 65,000 95,000 65,343 Ark_nus .. 49,452 53,886 62,536 54,461 54,461 78,700 50,277 54,143 42,968 (a-18) (a-32) CaUlomla ... (a-9) 60,060 (t) 74,544 95,052 (d) 99,805 90,860 (d) 101,343 (d) 67,824 95,052 (d) (a-32) Colorado. (a-9) 63,475 72,100 50,508 (b) 85,000 (a-21) 44,820 (b) 50,508 (b) 49,416 83,500 (b) (a-21) Con .....ko •... (a-9) 59,789 (b) 72,922 (b) 64,830 (b) 67,639 (b) 67,639(b) 38,030 (b) 72,681 (b) 45,542 (b) 82,669 (b) 72,681 (b) Delawart. (a-27) 45,000 48,200 50,500 73,300 (j) 69,600 70,600 40,900 79,100 69,300 Florida. 36,050 67,263 87,473 68,770 87,473 52,02O(b) 54,139 77,250 63,500 70,000 68,605 Georgi •. (a-27) 73,614 70,200 65,412 71,544 75,903 53,851 79,694 74,084 103,116 (a-32) Hawaii. 72,996 85,302 74,880 47,016 85,302 85,302 41,568 (a-12) 85,302 71,040 Idaho. 62,500 37,980 54,995 45,073 48,484 60,424 42,910 56,139 43,971 78,998 53,456 illinois. (a-9) 69,324 70,455 (a-17) 74,459 68,732 (a-14) 68,732 (a-7) 74,459 74,459 Indiana ... 45,994 61,750 57,330 45,370 56,810 75,712 43,966 64,844 48,698 65,000 N.A. low •.... (a-31) 49,784 64,947 56,534 75,083 68,980 56,534 68,203 59,800 78,292 56,534 Kansas ... (a-9) 56,812 79,254 54,000 70,008 70,008 58,080 60,000 44,000 72,000 57,579 Kentu.ky ... ' (a-16) 61,386 67,143 46,184 70,000 N.A. 36,216 (b) (a-II) 70,000 70,000 71,771 Loulsia.a .. (a-5) 58,370 64,008 54,828 60,324 60,320 57,360 54,084 45,600 63,225 55,640 Maine. (a-9) 66,144 76,336 50,024 67,808 57,491 60,486 59,550 54,226 75,629 57,491 Maryland. 27,262 66,304 72,896 (b) 53,800 100,000 67,496 49,613 (b) 72,896 (b) 61,393 99,175 (b) (a-32) Massachusetts. (a-9) 39,064 (b) 69,015 73,156 77,547 80,067 61,093 69,015 52,090 70,066 77,547 Michigan. 85,700 55,000 (b) 67,300 32,593 (b) (y) 86,000 32,593 (b) 83,100 32,593 (b) 83,100 (a-32) Minnesota . 73,331 63,538 54,505 67,484 78,500 69,000 58,130 66,524 67,484 78,500 54,664 Mississippi. (a-16) 44,400 62,134 (b) 35,356 (b) 60,000 59,713(b) 27,008 (b) 48,000 44,936 (b) (a-14) (a-32) Missouri (a-9) 64,447 69,329 55,506 78,322 72,327 46,224 63,700 55,488 (a-18) 62,751 Montana. 29,544 40,502 42,373 54,305 54,305 42,373 47,760 34,328 36,793 (a-32) Nebraska. (a-5) 53,832 43,824 52,884 72,040 60,049 37,884 57,680 42,360 67,787 (a-32) Nevada (a-5) 56,049 64,079 (a-17) 60,681 70,877 39,002 59,395 60,780 70,577 61,881 New Hampshire. 55,869 53,024 71,007 55,869 71,007 71,007 53,024 63,430 41,633 71,007 55,869 Ne .. Jersey. (a-27) 70,908 83,472 82,000 85,000 100,225 73,980 94,700 76,125 100,225 79,420 New Mexico. 58,692 48,711 60,600 46,028 63,500 54,339 53,064 56,934 63,500 (a-18) 43,873 New York. (a-9) (a-B) 91,957 (a-17) 110,000 91,957 (a-IS) 91,957 (a-12) 98,399 (a-32) North Carolina 52,729 76,252 65,852 75,252 76,739 43,241 78,714 61,264 75,252 75,252 North Dakota. 82,998 43,860 51,272 54,240 51,264 68,844 31,080 48,348 40,212 60,420 74,424 Ohio ... (a-27) 69,514 85,010 59,592 74,984 85,010 49,982 68,494 50,003 85,987 (a-32) Oklahoma. (a-16) 49,740 50,000 50,609 66,068 105,220 44,047 61,200 60,420 69,420 (a-32) Oregon .. 52,629 74,111 60,960 74,111 90,055 48,600 77,769 61,343 81,650 77,769 Pennsylvania . (a-4) 57,500 45,457 (b) 76,000 60,650 52,264 (b) 76,000 (a·7) 80,000 80,000 RIIod. 34,233 56,660 79,752 61,814 72,854 86,294 49,911 88,914 44,260 72,140 59,859 South CaroU.a.'''''od . (a-9) 59,447 64,918 60,674 59,667 95,205 61,068 68,250 60,866 (a-18) (a-32) South Dakota. 43,347 44,789 37,488 60,439 72,142 43,118 51,973 57,302 69,555 (a-32) Tennessee ... 59,976 64,752 73,148 50,112 68,646 68,646 (a-23) 62,457 64,708 68,646 (a-32) Texas . (a-9) 45,B76 59,670 55,692 (a-9) 85,952 61,995 77,520 61,200 (a-IB) (a·32) Utah. (a-16) 34,840 (b) 36,733 (b) 34,840 (b) 50,600 (b) 55,100(b) 43,139 (b) 40,872 (b) 36,733 (b) 55,100 (b) 43,139 (b) Vermont .. (a-16) 53,948 69,825 (mmm) 53,376 50,960 52,374 60,424 34,736 (b) 65,714 63,089 Virginia. (a-9) 79,652 93,897 76,721 92,757 86,655 67,542 81,352 70,181 99,425 (a-32) Wasbington. 81,193 81,193 52,056 (b) 87,434 101,74{) 41,688 (b) 87,434 48,336 (b) 102,005 (000) W... Virginia .. (a-5) 47,500 50,000 38,976 (b) 70,000 N.A. 32,820 (b) 44,600 47,250 70,000 (a-22) Wisconsin. 33,416 (b) 39,071 (b) 68,001 42,061 (b) 6O,823(b) 70,495(b) 48,746 (b) 42,061 (b) 45,282 (b) 60,823 (b) 56,497 (b) Wyoming. (a-27) 48,410 61,233 48,558 65,662 70,380 47,861 52,836 59,301 70,704 (a·32) Dist. 01 Columbia . (zzz) 81,885 N.A. (a-17) 81,885 81,885 61,452 (b) 81,885 (aaaa) BI,885 61,452 (b) AmerielD Samoa .. 25,875 N.A. 26,847 49,990 N.A. 39,600 40,500 Puerto Rico ,. (a-4) 15,600 75,000 (a-l7) 54,000 65,000 55,000 65,000 80,000 65,000 (a-32) t: .S. Virgin Isla.d,. (a-16) 43,000 43,000 65,000 65,000 65,000 (a-34) 65,000 45,000 65,000 (ecce) (c) Responsibilities shared between Director, Office of Management and (k) ResponSlblhtleS shared between Executive Director. Department of Budget, 567,800-80,772; and Director, Division of Budget Review, same General Services, 587,473; and Deputy Executive Director, same depart- department and salary range. ment, $77,190. (d) Individual has taken a voluntary 5'10 cut in the statutory salary for (I) Responsibilities shared between Chief, Developmental Disabilities Di- vision, Department of Health, $52,716-75,060; and Acting Chief, Adult this position. Mental Health Division, same department and salary range. (e) Responsibilities shared between Director. Department of General (m) Responsibilities shared between Director, Bureau of the Budget, Services. 595,052 (voluntary SlIJo cut in the statutory salary for this posi- 582,000; and Director, Department of Revenue, 574,459. tion); and Chief Deputy Director, same department, $86,880. (n) Responsibilities shared between Secretary, Department of Commerce, (f) lndividual accepts no salary; statutory salary for this position is $64,392; Director, Division of Existing Industry, same department, S43,000; $95,4{)3. Director. Division of Industrial Development, same department, 553,344; (g) Responsibilities shared between Commissioner, Department of Mental Retardation, 572,681-88,024; and Commissioner, Department of Mental and President, Kansas Inc., 575,000. (0) Responsibilities shared between Secretary, Department of Adminis~ Health, 588,024. tration, $74,000; and Director, Division of the Budget, same department, (h) Responsibilities shared between two Auditors of Public Accounts. $66,000. $64,830-83,160. (p) Responsibilities shared between Acting Executive Director, State (i) Responsibilities shared between Director, Division of AlcohOlism, Board of Healing Arts, 547,364; Executive Director, Behavioral Sciences Drug Abuse and Mental Health, 586,900; and Director, Division of Men- Regulatory Board, 537,443; Executive Secretary, Board of Technical Prof.. - tal Retardation, $69,300. ,ions, 536,002; and Director, Real Estate Commission, $38,029. (j) Responsibilities shared between Secretary, Services for Children, (q) Responsibilities shared between Director. Fisheries Division, Fish and Youth and Their Families, $73,700; and Secretary, Department of Health Wildlife Research Department, 536,216-52,512; and Director, Wildlife Di- and Social Services. $84,700. 86 The Book of the States 1992-93 EXECUTIVE BRANCH SELECTED OFFICIALS: ANNUAL SALARIES-Continued vision, same department and salary range. (xx) Responsibllities shared between Executive Director. Game Commis (r) Responsibilities shared between Commissioner. Division of Adminis sion, $72,392; and Executive Director, Fish Commission, $60,108-69,986. tration, 569,156; and Legislative Auditor, $56,340. (yy) Responsibilities shared between Deputy Secretary, Mental Retarda (s) In Maine, New Hampshire, New Jersey, Tennessee and West Vir tion, 564,500; and Deputy Secretary, Mental Health, 566,450. ginia. the presidents (or speakers) of the Senate 3re next in line of succes (zz) Responsibilities shared between Director, Mental Health, Retarda sion to the governorship. In Tennessee, the speaker of the Senate bears tion and Hospitals, 587,584; and Associate Director. Retardation Service, the statutory title of Lieutenant governor. $70,692. (1) Responsibilities shared between Commissioner I Department of En (aaa) Responsibilities shared between Chief of General Audit Section, vironmental Protection, 562,317; and Commissioner, Department of Con Office of Accounts and Control, 534,233; and Auditor General, $86,742. servation, $62,317. (bbb) Responsibilities shared between Commissioner, Department of (u) Responsibilities shared between Director. Bureau of Human Resource Mental Health, $106,819; and Commissioner, Department of Mental Development, $47,829; and Commissioner, Department of Employment Retardation, 587,016. and Training, $74,839. (ccc) Responsibilities shared between Secretary, Department of Educa (v/ Responsibilities snared between Commlssioner. Department of Mental tion, 560,439; and Superintendent of Education, 533,238. Hea th, 577,547; and Commissioner, Department of Mental Retardation, (ddd) Responsibilities shared between Secretary, Department of Human $74,839. Services, $67,205; Director, Developmental Disabilities, same department, (w) Responsibilities shared between Director, Recreational Facilities, $42,016; and Director, Division of Mental Health, same department, $35,147; and Acting Director, Division of Forests and Parks, $45,243. $45,018. (x) Responsibilities shared between Chief, Wildlife Division, Department (eee) Responsibilities shared between State Treasurer, 555,200; and Direc of Natural Resources, $32,593-85,190; and Chief, Fisheries Division, same tor, Office of Planning and Budget, $50,600-68,400. department and salary range. (fff) Responsibilities shared between Director. Division of Business and (y) Responsibilities shared between Commissioner, Bureau of Revenue. Economic Development, 536,733-54,517; and Director, Division of Com 532,593-91,203; and Director, Local Finance Programs, same salary range. munity Development, same salary range. (z) Responsibilities shared between Director, Election Division, Office (ggg) Responsibilities shared between Director, Services to People with of the Secretary of State, $41,426; and Secretary of State, $59,981. Disabilities, $43,139-64,646; Director, Service to the Handicapped, (aa) Responsibilities shared between Commissioner, Department of $40,872-61,110; and Director, Division of Mental Health, same salary range. Labor and Industry, $67,500; and Director, Licensing Unit, $53,119. (hhh) Responsibilities shared between State Auditor, $55,200; and Au (bb) Responsibilities shared between State Auditor, $65,437; and Legis dit Manager, Office of the Legislative Auditor General, $49,400-73,112. lative Auditor, $72,474. (iii) Responsibilides shared between Executive Director, Human Rights (cc) Responsibilities shared between Director of Revenue, $78,322; Com Commission, $48,755; and Chief, Public Protection Division, Office of missioner, Office of Administration, $78,322; and State Treasurer, $72,327. the Attorney General, $58,011. (dd) Responsibilities shared between Administrator, Wildlife Division. Uiil Responsibilities shared between Secretary of State, S50,800; and Fish, Wildlife and Parks Department, $43,873; and Administrator, Fish Director, Division of Elections, Office of the Secretary of State, $32.000. eries DiviSion, same department and salary. (kkk) Responsibilities shared between Commissioner, Department of (ee) Responsibilities shared between Administrator, Developmental Dis General Services, $58,295; and Deputy Commissioner, Department of abilities Division, $50,288; and Administrator, Mental Health Division, General Services, $53,385. $48,907. (Jll) Responsibilities shared between Director, State Information System (ff) Responsibilities shared between President, State Board of Educa and Telecommunication, $56,014; and Deputy Commissioner, Department tion, 587,996; and Commissioner, Department of Education, 588,000. of General Services, 553,385. (gg) Responsibilities shared between State Tax Commissioner, Depart (mmm) Responsibilities shared between Director, Division of Purchas ment of Revenue, 572,040; Auditor of Public Accounts, $49,500; and Budg ing, $44,532; and Deputy Commissioner, Department of General Services, et Administrator, $59,628. $53,385. (hh) Responsibilities shared between Chief, Wildlife Division, Games (nnn) Responsibilities shared between Director. Department of Fisher and Parks Commission, $46,512; and Chief, Fisheries Department, $47,016. ies, $87,434; and Director, Department of Wildlife, same salary. (ii) Responsibilities shared between Director, Department of Public In (000) Responsibilities shared between Secretary, Department of Social stitutions, $78.840; and Director, Medical Services Division, same depart and Health Services, S101, 740; and Director. Income Assistance Services, ment, $112,900. same department, 552,056-66,636. Uj) Responsibilities shared between Commissioner, Department of Ad (ppp) Responsibilities shared between Director, Division of Commerce, ministrative Services, $71.007; and Assistant Commissioner and Budget $65,000; and Secretary, Commerce, Labor and Environmental Resources, Officer, same department, $63,430. $70,000. (kk) Responsibilities shared between Executive Director, Election Law (qqq) Responsibilities shared between Director, Office of Consumer Pro Enforcement Commission, 586,051; and Director, Election Division, tection. $65,693; and Administrator, Trade and Consumer Protection Di Department of State, $59,000. vision, $56,207. (II) Responsibilities shared between Chief, Office of Management and (rrr) ResponsibiHties shared between Director, Bureau of Fish Manage Planning; $100,225; and Director of Policy, same department, $20,134. ment, $42,061-62,450; and Director, Bureau of Wildlife Management, same (mm) Responsibilities shared between Superintendent, Department of salary range. Regulations and Licensing, $63,925; and Board Administrator, Boards and (sss) Responsibilities shared between EEO, Grievance and Appeal Coor Commissions, 537,898. dinator. Personnel Division, $37,358; and Coordinator. Department of (nn) Responsibilities shared between Chief, Developmental Disabilities Education, 529,159. Bureau, $55,808; and Chief, Mental Health Bureau, same salary. (ttt) Responsibilities shared between Secretary of State, 552,500; and Elec (00) Accepts $100,000. tions Assistant, Office of the Secretary of State, $21,881. (pp) Responsibilities shared between Commissioner and Treasurer. (uuu) Responsibilities shared between Director, Mental Health Division, Department of Taxation and Finance, $110,000; and Comptroller, same 540,000-85,000; and Director, Mental Retardation Division, $60,000. salary. (vvv) Mayor. (qq) Responsibilities shared between Commissioner, Mental Retardation (www) Responsibilities shared between Chief, Office of Compliance, and Developmental Disabilities, $98,399; and Commissioner. Office of 561.452-76,006; and Chief. Consumer Education and Information, same Mental Health, same salary. salary range. (rr) Responsibilities shared between Director, Office of Management and (xxx) Responsibilities shared between Chairman, Board of Trustees, Budget, $82,998; and Executive Budget Analyst, same department, $51,480. University of Dist. of Columbia; and President, University of Dist. of (ss) Responsibilities shared between Secretary of State, 551.272; and Columbia. Deputy, Office of the Secretary of State, $46,500. (yyy) Responsibilities shared between Administrator, Public Space Main (tt) Responsibilities shared between Legislative Budget Analyst and Au tenance Administration, $61,452-76,006; and Acting Director, Department ditor, Legislative Council, $63,480; and State Auditor, 551,272. of Recreation and Parks, $81,885. (uu) Responsibilities shared between Director, Department of Mental (zzz) Responsibilities shared between Controller, $81,885; and Deputy Retardation and Developmental Disabilities, $79,997; and Director, Depart Mayor, Financial Management~ same salary. ment of Mental Health, 584,989. (aaaa) Responsibilities shared between Executive Director, D.C. Visi (vv) Responsibilities shared between Secretary of Human Resources, tors and Convention Association; Director. Committee to Promote Wash Office of Personnel Management, $56,820; and Executive Director. Em ington; and General Manager, Washington Convention Center. ployment Security Commission, $71,424. (bbbb) Accepts $35,000. (ww) Responsibilities shared between Deputy Administrator, Financial (cccc) Responsibilities shared between Assistant CommiSSioner, Depart Section, Department of Insurance and Finance, $63,951; and Deputy Ad ment of Human Services, S54,500; and Administrator, same department, ministrator, Securities Section, same department, $60.960. $48,000. The Council of State Governments 87 THE LIEUTENANT GOVERNORS, 1990-91 By Scott McCallum Historical Origin of lieutenant governor in most states. State According to most historical accounts, the legislation has contributed greatly to the evo lution of the office by more clearly defining origin of the office of lieutenant governor can be traced to 16th century England, when the the responsibilities of the lieutenant. How Crown established the office of lord lieuten ever, the focus and activities of the office are ant. This was a county official who generally often defined by the incumbent and by the represented the king in the management of relationship that develops between the lieu local affairs. Although often cited as the fore tenant governor and governor. runner to the modern lieutenant governor, the While the power of public office is held in lord lieutenant's office bore closer resemblance the governorship, the office of lieutenant to that of the colonial American governor. governor is one of opportunity and influence. One of the earliest references to the office Lieutenant governors are taking on more appeared in the Massachusetts Charter of responsibility in the executive branch with 1629, and the title "lieutenant governor" was gubernatorial appointments to, membership first formally used in the Massachusetts Char on and chairmanship of various state com ter of 1691. That charter provided the lieuten missions, task forces and committees. Lieu ant governor or governor's deputy to succeed tenant governors often provide leadership in to the governorship in the event of a vacan policy areas as diverse as education, drug cy. Although not uniform in reference to the abuse, economic development, small business office, later colonial charters typically includ development, child care and early child care ed a provision for a lieutenant governor or education, literacy, emergency management, deputy governor to act as a substitute for the veterans' affairs, human services, and energy chief executive. (see Table A). The legislative duties of the lieutenant gov To fulfIll the legislative responsibility of the ernor also seem to have had their origins in office, 27 lieutenant governors preside over the colonial charters. Some charters designat their respective Senates, and in 26 states, can ed the lieutenant to be a member, usually the vote in case of a tie. Moreover, nine lieutenant presiding officer, of the governor's council. At governors appoint all standing committees of that time, the council served as an advisory those chambers, and seven of those appoint body to the governor, and in some cases, as committee chairs. the upper body of the legislature. The office of lieutenant governor has per Succession to the Governorship haps received greater acceptance as an institu tional office with the constitutional creation All states have constitutional or statutory of the office of the vice president at the fed provisions to ensure the stable succession to eral level. The lieutenant governor, in most the governorship upon its vacancy, even though states, has powers and duties similar to those not all states have an office of lieutenant gov of the vice president. ernor per se. Forty-two states and four terri torial jurisdictions designate the office of The Modern Lieutenant Governor Scott McCallum is Lieutenant Governor of Wis The formal duty of succession to the gover consin and Chair of the National Conference of norship is a stable responsibility for the office Lieutenant Governors. 88 The Book of the States 1992-93 LIEUTENANT GOVERNORS Table A Exalllplu or Spocllk: Dulles Arkansas Health Care Access Council California Chairman. California Commission for Economic Development; Trustee. California State University System; member, World Trade Commission Colorado Chairman, Colorado Commission of Indian Affairs Connecticut Chairman~ Human Services Cabinet; member~ Economic Development Cabinet Delaware Chainnan, Drug Abuse Coordinating Council, Aquaculture Thsk Force, Literacy Task Force, Safe Kids Coalition, Parole Board Hawaii Cbainnan, Governor's Subcabinet on Cbild Care/Early Cbildbood Education Illinois Chainnan, Abandoned Mined Lands Reclamation Council. ll1inois Rural Bond Bank, Illinois Clean and Beautiful Program Advisory Board, Employee Ownership Advisory Council, Technical Advisory Committee on Aging; directs Illinois' Office of Volunteer and Senior Action; Governor's point man on Chicago School Reform; coordinates activities of State Board of Education, Illinois Community College Board, Illinois Board of Higher Education; coordinates State's War on Drugs Indiana Director, Indiana Dept. of Commerce; Commissioner of Agriculture Kansas Chairman, Parole Board Kentucky Chairman, Economic Development Cabinet Maryland Chairman, Governor's Drug and Alcohol Abuse Commission. Maryland Executive Helicopter Advisory Committee, Peabody Institute Oversight Committee, State House Trust Minnesota Chairman, Minnesota lburism Advisory Council; Affirmative Action Advisory Council Nebraska Nebraska Rural Development Commission New Mexico State Board of Finance, Community Development Council, New Mexico Border Development Authority, Ombudsman New York Chairman, Governor's Coastal Resources Thsk Force, Advisory Thsk Force on State Support for High Technology Research; Vice Chairman, State Job Training Partnership Council; CO-Chairman, Governor's Housing Thsk Force North Carolina Economic Development Board, Information Technology Committee, State Board of Community Colleges, Capitol Planning Commission; Chairman, North Carolina Drug Cabinet, Western North Carolina Environmental Council, Governor's Advisory Commission on Military Affairs North Dakota Chairman, Water Commission, Human Services Advisory Committee, Supported Employment Advisory Committee, Welfare Reform Advisory Committee, Children's Services Coordinating Committee, Emergency Commission, Board of Equalization, State Investment Board, Capitol Grounds Planning Commission, Wetlands Management Committee, Coordinating Committee for History, Parks and lburism, Yellowstone-Missouri-Fort Union Commission, Water Strategy Task Force Oh.io Chairman. State and Local Government Commission; Agencies reporting directly to lieutenant governor: Adjutant General, Governor's Office of Criminal Justice Services, Dept. of Alcohol and Drug Addition Services, Dept. of Highway Safety, Dept. of Liquor Control, Dept. of Rehabilitation and Correction, Dept. of Youth Services, Governor's Washington D.C. office Oklah.oma State Board of Equalization, Commissioners of the Land Office; Chainnan, Energy Advisory Council, Executive Bond Oversight Commission, Tourism and Recreation Commission, Trucking Industry Self-Funded Research. and Development; Vice Chairman, Capitol Improvement Authority; Board of Managers, State Insurance Fund, Archives and Records Commission, Linked Deposit Review Board Pennsylvania Chainnan, Board of Pardons, Energy Office, Emergency Management Agency, Heritage Affairs Commission, Recyclable Materials Market Development Thsk Force; member, Economic Development Partnership Board, Board of Trustees, Pennsylvania State University South Carolina Chairman, Commission on The Future of South Carolina, Commission on State Government Restructuring, Hazardous Waste Management Task Force; member, Disaster Preparedness Advisory Council, Interstate Cooperation Commission, Legislative Council, Judicial Council, Legislative Audit Council. Select Oversight Committee, Research Authority, In teragency Council on Public Transportation Utah Small Business Advisory Council, Ejection Law Reform 'Thsk Force Virginia Commission on the Coordination of the Delivery of Services to Facilitate the Self Sufficiency and Support for Persons with Physical and Sensory Disabilities in the Commonwealth; Chairman, Joint Subcommittee Studying Measures to Assure Virginia's Economic Recovery, Commission to Study Ways to Coordinate Voter Registration and Dept. of Motor Vehicles Procedures; member, Commission on Health Care for All Virginia Wisconsin Chainnan, Repeat Offender Thsk Force, Governor's Highway Safety Council; member, Environmental Protection Agency, National Advisory Council for Environmental Policy and Technology; coordinates Governor~s Conference on Small Business; operates Lieutenant Governor's Clearinghouse for Child Care Options; alternate delegate, Wisconsin Space Business Roundtable. American Samoa Crisis and Emergency Relief Management The Council of State Governments 89 LIEUTENANT GOVERNORS lieutenant governor as the position next in line Elections of succession to the governor. In Arizona, In 1990, 31 states held elections for the Oregon, Wyoming and Puerto Rico, however, office of lieutenant governor. Fourteen incum the office of secretary of state is next in line bents were successful, and two unsuccessful of succession. In Maine, New Hampshire, in their reelection bids. Seven lieutenant gov New Jersey and West Virginia, the president ernors did not seek reelection. of the Senate succeeds to the governorship. Three incumbents were successful in their And in Tennessee, it is the speaker of the Sen bids for other statewide offices: Arkansas, at ate, with the statutory title of lieutenant gov torney general; Georgia, governor; and Illi ernor, who is next in line. nois, secretary of state. lWo incumbents were unsuccessful in their primary bids for gover Team Elections nor, and one lost a primary race for the U.S. The concept of candidates for governor Congress. and lieutenant governor running on the same In 1991, there were only three elections for lieutenant governor. By statute, Kentucky's ticket has received much support and reflects lieutenant governor could not succeed him the current trend. The primary reason for self, but the incumbent was successful in win team elections is the presumption that in the ning the gubernatorial election. In Mississippi event of succession, there is a greater likeli and Louisiana, however, both incumbents lost hood of policy continuity and consistency. their reelection bids. Still, only 23 states and four U.S. jurisdictions The lieutenant governor's post in nine states provide for team elections. Of the states with will be up for election in 1992. This includes team elections, only eight have linked the gov Rhode Island and Vermont, where elections ernor and lieutenant governor in the nomi are held every two years. In Vermont, however, nation process. Notably, in each of the states the office is currently vacant, as the lieutenant that have team elections in the general elec governor succeeded to the governorship in tion, the lieutenant governor's term of office August 1991, following the death of the gov is tied to that of the governor. ernor. Virginia is the only state that will have an Term Limits election for lieutenant governor in 1993. The issue of term limits is again being con Diversity of Occupants sidered by a number of legislatures in 1992, and it is likely that term limit initiatives will The current occupants of the lieutenant appear on some state ballots in November. governor's office possess a diversity of experi Several states already have built in limits on ence and talent. Six lieutenant governors have the lieutenant governor's tenure. Eleven states been members of the U.S. House of Represen limit the lieutenant governor to two consecu tatives; fourteen hold law degrees; four have tive terms of office. Kentucky'S lieutenant gov backgrounds in education; several have busi ernor cannot run for consecutive terms at all. ness backgrounds; and two have experience California limited its lieutenant governor to in journalism and publishing. Others have two consecutive terms by adopting a term lim had most of their career experience in govern it initiative in 1990. That same year, Colorado ment, often having served in their respective also adopted a referendum limiting the lieu state legislatures. tenant governor to two consecutive terms of Office Structure office. The term of office for lieutenant governor The manner in which the office of lieu is four years in all states except Rhode Island tenant governor is structured varies greatly and Vermont, where elections are held every across the states. The office has evolved with two years. changes in state governments and expanding 90 The Book of the States 1992-93 LIEUTENANT GOVERNORS executive branches. It has also evolved along of lieutenant governor also is a part time with the interests and efforts of the lieutenant responsibility. New Mexico's lieutenant gover governors themselves. nor has the option of serving full or part time. An examination of the budgets, staffing and A number of lieutenant governors receive salaries associated with these offices provide additional compensation for presiding over a clearer indication of the diversity. For exam the Senate and for serving as acting governor. ple, Illinois has the largest annual budget for The lieutenant governors from Alabama, Ida the office of lieutenant governor ($1,873,900), ho, Indiana, Kentucky and Mississippi receive and the largest staff (24 professional and six additional compensation for presiding over clerical). At the other end of the spectrum, the the Senate. Lieutenant governors in Idaho, lieutenant governor's office in Nebraska has Kentucky, Michigan, Mississippi, Missouri, an annual budget of $30,058, with only one Oklahoma, Texas and Washington receive professional staff member. compensation for serving as acting governor. In states such as Alabama, Georgia and Mississippi, where the lieutenant governors Springboard to Higber Office have major legislative roles, the offices receive additional funds from the legislature's budget. There have been a number of examples In Florida, Maryland, Massachusetts, Min where the office of lieutenant governor has nesota, South Dakota and American Samoa, served as a stepping stone to higher office. the budget for the lieutenant governor is in The following incumbent governors have cluded with that of the governor. served as lieutenant governor of their respec Salaries also vary widely. For example, the tive states: Michael Castle, Delaware; Zell lieutenant governor of New York receives the Miller, Georgia; Joseph Ada, Guam; John highest salary, $110,000, while Arkansas' lieu Waihee, Hawaii; Terry Branstad, Iowa; Brere tenant receives $14,000. It is important to note, ton Jones, Kentucky; Bob Miller, Nevada; however, that the Arkansas post is a part time Mario Cuomo, New York; George Voinovich, position and the occupant is permitted to Ohio; Howard Dean, Vermont; and L. Douglas have another occupation. In 11 other states Wilder, Virginia. The following U.S. Senators (Alabama, Connecticut, Delaware, Idaho, have served as lieutenant governors: Paul Mississippi, Missouri, Nevada, Ohio, South Simon, Illinois; Wendell Ford, Kentucky; and Carolina, Vermont and Virginia), the office Charles Robb, Virginia. The Council of State Governments 91 LIEUTENANT GOVERNORS Table 2.12 LIEUTENANT GOVERNORS: QUALIFICATIONS AND TERMS State U.S. State Qualified Length Maximum State or other Minimum citizen citizen resident voter 0/ term consecutive jurisdiction age (years) (a) (years) (years) (years) (years) terms allowed AI .....m •.. 30 7 10 4 AI ...... 30 7 7 7 4 Arizona .. ------(b) * Ark.ollls 7 4 Callforni•... * * 4 i8 5 5 * Colorado .... 30 4 Connecticut 30 * 4 Delaware . 30 12 6 * 4 Florid •. 30 7 4 Georgia ... . 30 IS 6 * 4 H.wall .. . 30 4 Id.ho " m * * 4 IIl1noi •... 25 * 4 Indiana 30 *5 4 Iowa. 30 2 4 Kansas .... . 4 2 Kentucky .. . 30 6 * 4 (e) Louisiana ... . 25 5 5 * 4 Maine .. .. ------(b) ------Maryland .. . 30 (d) 5 5 4 Massacbusetts .... 4 Michigan 30 4 4 Minnesota ... . 25 I 4 Mississippi ... . 30 20* 5 4 Missouri 30 IS 10 4 Montana. ~ * 4 Nebraska .. . m 5 4 Nevada ...... 25 2 2 * 4 New Hamp.bire ... ------(b) ------New Jersey. ------(b) ------New Mexico ...... 30 4 New york .... . 30 * * 4 North Carolln•.. 30 *5 4 North Dakota 30 4 * * 4 Ohio .. * * Oklahom. 31 * 10 4 Oregon ... ------(b) Penn.yIYani •... 30 * 7 4 Rhode Isl.nd ...... 2 * 4 Soutb C.rolin. 30 * South O.kota .... " . 2 2 4 Tennessee . ------(b) Texas .. . m * 5 4 Utah .. .. m 5 4 Vermont. 4 * 2 Virginia. m * 4 Washington . . . * * 4 West Virginia ------(b) ------Wisconsin ... i8 * * 4 Wyoming .. -----______------(b) ------ American Samoa ... ~ * 5 4 Guam .... m 5 * 4 35 7 7 *7 4 No. Mari ••• Islands. -----______------(b) Puerto Rico .. U.S. Virgin Islands ... 30 5 5 4 Source: The Council of State Governments' survey, February 1992. (b) No lieutenant governor. In Tennessee, the speaker of the Senate, elect Note: This table includes constitutional and statutory qualifications. ed from Senate membership, has statutory title of "lieutenant governor." Key: (c) Successive terms forbidden. * - Formal provision; number of years not specified. (d) Crosse v. Board 0/ Supervisors 0/ Elections 243 Md. 555,221 A.2d43 I ... - No formal provision. (l966)-opinion rendered indicated that U.S. citizenship was, by necessity, (a) Some state constitutions have requirements for "state citizenship," a requirement for office. This may be different from state residency. 92 The Book of the States 1992-93 LIEUTENANT GOVERNORS Table 1.13 LIEUTENANT GOVERNORS: POWERS AND DUTIES Member Of Serves as Presides Authority for governor's acting governor Slate or other over Appoints Breaks Assigns governor to cabinet or when governor jurisdiction Senate committees rol/-cal/ ties bills assign duties advisory body out of state Alabama .. * (a) * (b) Alaska. * * * * (e) Arizona. ------(d) ------* * Arkansas California. * * * * * * * * Colorado .. Connecticut * * * Delaware * * * * * * Florida ... * * * * * Georgia .. * * * (a) * * Hawaii Idaho ... * * * Illinois. * * * * Indiana (e) * Iowa .. . * * * * * Kansas Kentucky * Louisiana . . * * * * * Malne .. ------(1)------* * Maryland .. * * * Massachusetts Michigan * * * Minnesota * * * * * Mississippi * (a) * Missouri * * * * * * * Montana . . * * * (b) Nebraska * (g) * (h) * * Nevada ...... New Hampshire ------* ... * (I) ------* New Jersey ... ------(I) ------New Mexico .. (i) New York * * * * * North Carolina .. . * * * *(j)* * North Dakota .. . * * * * * * (k)* * (i)* Ohio .' * * Oklahoma .... --______------(d) Oregon. * * * * * Pennsylvania (h) Rhode lsiand .. . * * * * * * * * * (m)* South Carolina .... . * * South Dakota .... * (n) * * * * (0) Tennessee . ------(I) ------Texas . .. ' Utah...... * * (a) * * * Vermont . . * * * * (a) * * * Virginia . . Washington .. * (p) * (h) * * * West Virginia ------(t) ------Wisconsin. --__ :_:_: ______------(d) 00 Wyoming ..... * * American Samoa .. Guam .... * * No. Mariana Islaads ... * * * -___ :_:_: ______~_~_~ ______------(d) Puerto Rico .... * * * U.S. Virgin Island •. * (k) * * See footnotes at end of table. The Council of State Governments 93 LIEUTENANT GOVERNORS LIEUTENANT GOVERNORS: POWERS AND DUTIES-Continued Source: The Council of State Governments' survey. February 1992. (0 No lieutenant governor; Senate president or speaker is next in line Key: of succession to governorship. In Tennessee, speaker of the Senate bears * - Provision for responsibility. the additional statutory title of • 'lieutenant governor." . . . - No provision for responsibility. (g) Unicameral legislative body . (a) Appoints all standing committees. Alabama-appoints some special (h) Except on final enactments. committees; Georgia-appoints all Senate members of conference com (i) Special committees only for joint sessions to inform the House and mittees and an senators who serve on interim study committees; the governor. Mississippi-appoints members of conference, joint and special commit 0) Member of Council of State per state constitution. Also sits on Gover tees; Texas-appoints members of standing subcommittees, conference. nor's Cabinet, by invitation. special, joint legislative and temporary committees; Vermont- appoints (k) Presides over cabinet meetings in absence of governor. all committees as a member of the Committee on Committees. (I) Only if governor asks the lieutenant to serve in that capacity, in the (b) After 20 days absence. In Montana, after 45 days. former's absence. (c) Alaska constitution identifies two types of absence from state: (1) (m) Only in emergency situations. temporary absence during which the lieutenant serves as acting governor; (n) Conference committees. and (2) continuous absence for a period of six months, after which the (0) Only in event of governor's continuous absence from state. governor's office is declared vacant and lieutenant governor succeeds to (p) In theory, lieutenant governor is responsible; in practice, appoint the office. ments are made by majority caucus. (d) No lieutenant governor; secretary of state is next in line of succes (q) Only in situations of an absence which prevents governor from dis sion to governorship. charging duties which need to be undertaken prior to his return. (e) By statute, lieutenant governor serves as Director of Department of Commerce and Commissioner of Agriculture. 94 The Book of the States 1992-93 THE SECRETARIES OF STATE, 1990-91 By James H. Douglas State government is not really a ship of title is secretary of the commonwealth. Some state. A better metaphor is a flotilla of smaller secretaries are still elected directly by the leg vessels, generally heading in the same direc islature, such as in New Hampshire, Maine tion but under separate captains, still subject and Tennessee. In eight states, including Dela to a higher command, either from the legis ware and New York, the secretary is appoint lature, the courts, the executive, or the people ed by the governor. The rest are elected at themselves. The secretary of state is one of large by the voters of their states. these captains. All but five perform election functions - Short rations is the rule for state govern including voter registration, ballot eligibility, ment agencies in the early 199Os, and the canvassing of votes, campaign finance report offices of secretaries of state are no exception. ing, and approval of voting machines - among Improving services (including the time it takes other duties. All but eight handle corporation to process paperwork and issue official certi filings and all but 15 handle administrative fications or licenses) is an ambitious objective rulemaking. Twenty-five secretaries issue li when revenues are short, staffs shrinking, and censes for at least some professions, while 22 legislative interest in statutory reform lagging maintain the state's archives. due to the distractions of the present fiscal The secretary of state is a political, yet non crisis. partisan office. Impartiality is a key charac teristic required of those who serve in this The Role and Office position, whatever the duties. The effective ness of the secretary is directly proportional The first problem in discussing the office to the amount of trust voters and other mem of secretary of state is the diversity of assign bers of the public have in dealing with the ments secretaries in various states have been office. given. Some run the state's motor vehicle di While the office usually is bounded by tra vision. Others are in charge of libraries, art dition in the duties it is assigned, the secretar councils and museums. ies of state are not hidebound in how they Secretaries of state also recognize that their perform their work. In fact, some of the most role in state government is not entirely logical. innovative technical changes occurring in Originally, the office was defined by its leg state government originate in this office. The islative and archival duties, but beyond that, purpose of this essay is to highlight those the types of programs administered by a changes. majority of secretaries - corporations, elec tions and archives, for example - became Corporations part of the office's domain by accident. In The role of a secretary of state in adminis some cases there was no other natural home tering corporation and other business laws for a program or no other agency to consent is fundamentally a record-keeping function. to take it. Business people file articles of association to Forty-seven states have secretaries; in Alaska, create a domestic corporation, or apply for Hawaii and Utah the function is performed authority to conduct business in a state as a by the lieutenant governor. In Massachusetts, Pennsylvania, Virginia and Kentucky, the office James H. Douglas is Secretary of State of Vermont. The Council of State Governments 95 INTERGOVERNMENTAL AFFAIRS foreign corporation. Secured transactions are In New Jersey, the department of state uses made public through the filing of statements a recreational vehicle as a traveling office to under the Uniform Commercial Code (VCC). ensure that tax and corporation filings and in Tradenames and trade marks are filed to pro formation are available in remote regions of tect a business from its competitors. that state. The secretary's office also is among Reform in corporations administration de the first to use digitization for computer fil pends on the flexibility of the law and the in ing systems. Corporation filings are scanned genuity of those in charge of the operation. and copied electronically, making them easier The principal objectives are efficiency, speed to retrieve and store and allowing greater con of processing and retrievability of documents trol of the information by the filing office. on file. New Jersey also recently implemented a fac In Washington state, in the office of the simile service for name reservations. Patrons secretary, a business person can obtain all of fax a letter of request to the secretary, provide the licenses and permits needed to start busi a credit card or depository number, and a cer ness life. Information on applications is readily tificate of reservation is forwarded to the shared among state agencies to ensure com patron by regular mail if the name is available. pliance, while improving the pace of business Computerization of UCC files is the latest start-ups. frontier in secretaries' offices. Tennessee is in Over half a million calls are made to the active conversion from traditional paper fil Florida secretary of state's corporation divi ings to optical disk scanning and storage for sion each month, a 400 percent increase over its records. The transition costs are being the calls received in 1986. To handle the work financed by an increase in filing fees. The high load, the office installed a telephone voice cost of errors in VCC searches makes the use response system, which reduces staff time and of optical scanning equipment desirable. In ensures faster service to the public. Florida Louisiana, the law on UCC filings was amend also has a direct access computer linkage ed recently to allow filing in anyone of the available to its corporation files, and has es state's 64 parishes (counties). Through a com tablished an electronic certification and filing puter system managed by the secretary of service. Direct access is available in other states state, searches of the entire system can be ac as well, notably Mississippi, where users may complished from any parish office. In other conduct data base searches from their own states, "where to file" is sometimes a complex desks via computer and telephone modem. Wyoming promises and delivers a 24-hour question, with high penalties for mistakes. turnaround service for new corporation fil Iowa's secretary of state soon will offer ings. Anything longer and the incorporation electronic filing for UCC statements. The fee is reduced by $20. In other states, such as costs of filing and records storage will be low Illinois, next-day service is available for an ered and the ability to retrieve information extra fee. will be materially improved when this system Illinois also is in the vanguard of states is implemented. offering expanded services for which credit As with other state agency administrators cards may be used as a form of payment. that primarily deal with the public and their Prepaid accounts are another new idea for needs, secretaries frequently turn to their pa corporation fees. Colorado has implemented trons to learn how their services can be en this system, which encourages regular clients hanced. Consequently, the appointment of of the corporations division to maintain a rea user advisory committees is growing in popu sonable balance in their accounts from which larity. Iowa and Mississippi are just two ex the office draws for the payment of filing and amples of states where such committees have other fees. Prepaid accounts are good for been formed to offer a continuing dialogue clients and for the division, which has re between users and administrators on how duced its check processing costs accordingly. business laws should be administered. 96 The Book of the States 1992-93 SECRETARIES OF STATE Elections Minnesota's secretary has developed an election night reporting system, using a com Election administration usually involves a puter network to compile and total votes for medley of duties including determining candi county, state and federal offices. Voters can date eligibility, voter registration, ballot prepa learn official election results as soon as the ration, election worker training and campaign numbers are available. finance disclosure. The challenge of this busi Colorado's computer network links a ma ness is to keep elections fair and impartial. jority of county clerks' offices in the state. Secretaries of state are in the vanguard of Clerks enter new voter applications directly voter registration and election reform efforts. into the network, where all transaction changes Ensuring more universal registration practices and the voting history of each voter are stored. while protecting against voter fraud is not an The system allows clerks to check other coun easy balancing act. Removing registration bar ty registration lists to see if voters are regis riers is the most important step a state can tered in more than one county. A centralized take to increase the electoral turnout. This voter checklist also is being designed and im may include increasing the number of offi plemented in Tennessee. cials authorized to register voters. In Nevada, Many secretaries use computers in the de voters can register by mail for the first time sign and printing of ballots. Vermont and in that state's history. Massachusetts, for instance, have developed Washington state has adopted a "motor statewide election ballots in a camera-ready voter" registration program, joining about 20 format that has saved money and time and others that made the procedure available to has allowed the offices to meet close deadlines their citizens. Eligible citizens can register to for ballot preparation and mailing. vote at the same time and place as they apply In Alabama, a citizen can dial the secretary for or renew their driver's licenses. The same of state's office directly not only for corpo basic service also is available in Montana. ration information, but also for information The Ohio secretary of state's office has de on elections. The system is organized by can veloped a program called "Ohio First Vote:' didate and allows administrators and the pub designed to target IS-year-olds who will be lic to track each candidate through the entire voting for the first time in the 1992 presiden campaign cycle. tial election. Working through the schools, In Ohio, the secretary's office houses two the office expects to offer voter registration public display terminals, through which citi opportunities to an estimated 125,000 first zens may review campaign finance files on all time voters in 1992. candidates. The office also sells tapes, disk Connecticut's secretary of state has started ettes and hard copies of the data upon request. a task force to increase voter participation in For the future, secretaries are considering the Hispanic community. The office also be the possibility of adopting a uniform absentee gan offering voter registration services at nat ballot law, which would allow any voter to uralization ceremonies, so that new citizens vote by mail, and beyond that, all-mail elec would be ready for their first elections. In ad tions, in which all voters vote absentee. Ballots dition, Connecticut sponsored a citizenship would automatically be sent to all registered conference, which brought government offi voters in this type of election, which already cials, business leaders and educators together has been conducted on a limited basis in some to discuss ways of increasing voter registration states. Early evidence shows not only increased and community involvement. participation, but also substantial cost savings In Florida, the secretary of state has in when no polling places are required in an stalled a direct computer link with 64 of the election. 67 county supervisors' offices, allowing for In Iowa, ice storms in fall 1991 triggered the regional filings of election returns and other declaration of an election emergency by its public information. secretary of state. New legislation enacted that The Council of State Governments 97 SECRETARIES OF STATE year authorized this declaration, allowing elec program provides managers with a model to tions to be rescheduled to a later date when follow through a feasibility study session, power would be restored to the polling places. where alternative methods of storage and re Iowa also arranged to have its voter registra trieval are considered. This is another area tion form printed in phone directories and in where electronic image processing is in its ex all state tax booklets. ploratory stages. The National Association of Secretaries of Vermont has developed electronic finding State (NASS) has been heavily involved with aids that allow quick searches through records election issues. In recent years, NASS members collections, such as gubernatorial records. In have testified before congressional committees that way, users can follow issues from one ad studying national legislation to establish uni ministration to the next. form polling hours and to encourage greater New technology brings new challenges to voter registration opportunities for U.S. citi records and archives managers. How com zens, particularly the military serving overseas. puter data and programs can be preserved in NASS continues to work closely with the Fed an era of rapid equipment change is just one eral Voting Assistance Program at the Penta of the issues being explored at the state and gon on election matters, and helped pioneer national level. the use of faxed ballots to the soldiers serv ing in Operation Desert Storm in early 1991. Final Thoughts The office of the secretary of state requires Archives the incumbent to be more than a politician or Archives are permanent records, though bureaucrat. The intense public involvement of not all of them are old in the sense that they this office frequently keeps the secretary busy are written with quill pens on parchment. It managing his or her responsibilities, even with is just as likely that today's executive order or out the distractions of legislative affairs. As letter will become part of the archives. The the chief election officer of a state, the secre challenge of administering archives is ensur tary frequently is required to help municipali ing that records are accessible to the public ties and counties remain vigilant to their own and that they remain in good condition in duties. Public education and public officer spite of their age and use. However, money training are important parts of the agenda for often is tight when it comes to archives pro a secretary's year. grams, and there is seldom enough attention The secretary of state is a busy office - given to this area of responsibility. one with an extraordinarily diverse set of New Jersey is experimenting with a train duties and often, more responsibility than ing program for records managers in state, authority to carry out those duties. The rec county and local government. What to keep ord of the last few years shows that the men and what to destroy are the toughest decisions and women who hold the office are more than any records manager must face. This training equal to the challenge. 98 The Book of the States 1992-93 SECRETARIES OF STATE Table 2.14 SECRETARIES OF STATE: QUALIFICATIONS FOR OFFICE State or other U. S. citizen State resident Qualified voter Method of selection jurisdiction Minimum age (years) (years) (years) to office A ..bama ...... 25 E AI ..ka ...... ------(a)------* * * Arizona ...... 25 E Arkansas ...... 18 * *2 * E California ...... 18 * * * E Colorado ...... 25 2 32 days E CODDKlicut ....•.... 18 * E I>el.ware ...... * A Florida ...... 30 *7 E Georgia ...... 25 10* 4 * E Hawaii ...... ------(a)------Idabo ...... 25 * 2 E Illinois ...... 25 * 3 E Indian...... E Iowa ...... ,. E Kansas ...... 18 E Kentucky ...... 30 * *2 (b) * E Loulsian...... 25 *5 5 (b) * E Maine ...... * (c) M.ryland ...... * A M ....chu .. tts ...... 18 E Mkblg.n ...... 18 * * E Minnesota ...... 21 * * * E Mississippi ...... 25 *5 *5 (b) *5 E Missouri ...... * * E Montana (d) ...... 25 E Nebraska (e) ...... 19 * * * E Nevada .. " ...... 25 * E New Hampshire .... . * * (c) * * * A New Jersey ...... * * * New Mexico ...... 30 E New york ...... * * A North C.rolina ...... 21 E North D.kota ...... 25 * * * E * * * E Ohio ...... * * Okl.homa ...... 31 10 A Oregon ...... * E Pennsylvania ...... * A Rhode IsI.nd ...... 18 30 days E * * E South C.rolin•...... 21 * * * South Dakota ...... * E Tennessee ...... (c) Texas ...... A Utah ...... ------(a)------Vermont ....•...... E Virginia ...... A Wosblngton ...... 18 E West Virginia ...... 18 * 30 *days 30 *days E Wisconsin ...•...... 18 * E * * * E Wyoming .•...... 25 * * * American Samoa ... . -______------(a)------ Guam ...... ______------(a)------ No. Mariana Islands .. . ------(a) ------Puerto Rico ...... 5 5 A U.S. Vi'lin Isllnds ... . ______------(a) ------ Source: The National Association of Secretaries of State. Secretary 0/ (a) No secretary of state. State: The Office and Duties, 1991. (b) State citizenship requirement. Note: This table contains constitutional and statutory provisions. "Quali (c) Chosen by joint ballot of state senators and representatives. In Maine fied voter" provision may infer additional residency and citizenship re and New Hampshire, every two years. In Tennessee. every four years. quirements. (d) No person convicted of a felony is eligible to hold public office until Key: final discharge from state supervision. * - Formal provision; number of years not specified (e) No person in default as a collector and custodian of public money ... - No formal provision or property shall be eligible to public office; no person convicted of a felony A - Appointed by governor shall be eligible unless restored to civil rights. E - Elected by voters The Council of State Governments 99 SECRETARIES OF STATE Table 2.15 SECRETARIES OF STATE: ELECTION AND REGISTRATION DUTIES Election Registration Slate or other jurisdiction Alabama .... Alaska (b) . * * * * * * * * * Arizona ..... * * * * * * * Ark.nas .. * * * * * * * * * * Caliloraia. * * * * * * * * * * * * * * * * * * * * * * * Colondo .' ConBeetleut .... * * * * * * * * * * * * Delaware * * (c)* * * * * * * * * Florida. * * * * * Georgia .... * * * * * * * * * * * * * * * * * * * * * * Hawaii (b) .. Idaho * * * * * * Illinois. * * * * * * * * * * * * * * * * Indiana .... * * * * * * * Iowa .. * * * * * * * * * Kansas .... Kentucky .. * * * * * * * * * * * Louisiana .. * * * * * (d) * (d) * * * * Maille"" * * * * * * Maryland .. . * * * * * * * * * * * * * * M ....chuset ...... 100 The Book of the States 1992-93 SECRETARIES OF STATE Table 2.16 SECRETARIES OF STATE: CUSTODIAL, PUBLICATION AND LEGISLATIVE DUTIES Custodial Publication Legislative ~ "E e l:l £! ~ E i: 'Q> "~., t- 10 5 " .,- ~~,,~ '§ ~~ .~ -'!! ~ -;; .~.g .~ ~.~ ... ", ~ :!i'2 ,'"'" % ~~ ~]'" ~ ~~ ~~ "§~ .l! ~1 ~';' ~l:l .~ ~.2 ~~ 10" '1 ~ ~i ~.::l .~! ~~ '-l:.!a .Sl ·5 ~ .,"t:.S! .5 .~~ ~2. " !!! i: .§", e~ 2.!:J State or other ih ill", -tEl> §.i ~ l! !:'.., jurisdiction "" a:~ ~ea. ~e "'''' '" '" ~ "'§ ~~ ~~ ~:s I>:;~ Alabama .. "''' Alukl (b) .... * * * * * Arizona .... * * * * * Arka...... * * * * * * * * * CaIIfonla .... * * * * * * * * * * * * * * * * C%nodo ... Con_kut * * * * * S * Delaware * * * * * * * florida .. * * * * Georgi•.... * * * * * * * * * * * * * * * * Hawan (b) Idaho .... * * illinois .... * * * * H * * Indiana .... * * * * * * * * * * * * * Iowa ...... * * * * * * K...... Kentucky ... * * * * * * * * * * * * * louisiana ... * * * * * * Maine .... * * * * * * Maryland ... * * * * Massachusetts ...... Michigan ...... * * * * * * * * * * * Minnesota ...... * * * * H * * * * * * * * * Mississippi . * * * * * * * * * * * * Missouri .. * * * * * * * * * * Montana ...... H N.bnska .... * * * * * * * * N.. ada ...... * * * * * * * H * * New Hampshire * * * * * * * * * * * * N.w J.ney .... * * * * * * New Mexko ...... H New York ...... * * * * * * * * Nortlt Carolina ...... * * * * * * * * * * * * * * North Dakoll ...... * * * * * * * Ohio ...... * * * * * * * Oklahoma ...... * * * * O,..on ...... * * * * * PenBsylvanil ...... * * * * * Rhode Island ...... * * * * * * * * * Soutlt Carolina ...... * * * South Dakota .. H T.n...... * * * * * * * Texas ...... * * * * * * * * * H (c) * Utah (b) .. * * * * * * * * * H (c) * * Vermont. * * * * * * * * * Vlrxl.;a ...... W ..hington .. * West Virgin;" ...... * * * Wisconsi ...... * * * * * * Wyomlna ..... * * * * H * * * * * * Gu.... (b) ...... Puerto Rieo ...... * * * * * U.S. Vlrel. Islands (b) . * * * * * * Source: The Nalional Associalion or Secretaries or Siale, Secretary Of (al In Ihis column onl:': * - BOlh houses; H - House; S - Senate. State: The Office and Duties, 1991. (b) No secretary of state. Duties indicated are perrormed by lieutenant Key: governor. * - Responsible ror activity (el Unlil speaker is elected. ... - Not responsible for activity The Council of State Governments 101 THE ATTORNEYS GENERAL, 1990-91 By Jeffrey L. Amestoy Powers and Responsibilities of years, as the roles and responsibilities of the Attorneys General office have substantially increased, attorneys general have met the challenge by building As chief legal officers of the states, com professional teams of employees capable of monwealths and territories, the attorneys gen handling the full range of the states' legal eral serve as counselors to state government needs. On average, about 75 percent of an at agencies and legislatures, and as representa torney general's budget is tied up in people. tives of the public interest. It is often said that Altogether, the offices employ nearly 9,000 attorneys general occupy the intersection of attorneys. 1 law and public policy, dealing in areas as di . ~he offices that typically handle all major verse as child support enforcement, drug poli CIVIl matters for the state, and in the majority cy and environmental protection. ~f states have criminal appeals responsibili The rise of federalism during the 1980s has tIes, have seen the work load per attorney in meant a considerable expansion in the powers crease exponentially in the last decade. Good and responsibilities of attorneys general. In management, aggressive use of technology in many areas traditionally considered the exclu many states, and innovations in dispute reso sive responsibility of the federal government, lution have helped increase capacities, but the attorneys general now share enforcement authority. Indeed, a major trend of the last many offices are stretched thin. With budget several years has been the cooperative work cutbacks, states are having to make painful ing relationships the attorneys general have decisions, some of which may result in higher f?rged with their federal counterparts, par legal costs in the years ahead. tl.cularly in the areas of trade regulation, en Recruitment and retention of seasoned at vironmental enforcement and criminal justice. torneys poses another challenge given the Typical powers of the attorneys general wide disparity between the salaries of public while varying from one jurisdiction to th; and private sector employees. Starting salaries next due to statutory and constitutional man for attorneys are $30,000 or less in 39 offices dates, include the authority to: institute civil of attorneys general, whereas the median starting salary for 1990 law school graduates suits; represent state agencies; defend and/or 2 challenge the constitutionality of legislative entering law firms was $50,000. And while or administrative actions; enforce open meet the average salary for lawyers in attorneys ings and records laws; revoke corporate chart general offices is $43,672, the mean annual in come for private-sector attorneys (not includ ers; enforce antitrust prohibitions against 3 monopolistic enterprises; enforce air, water ing those in law firms) is $93,400. pollution and hazardous waste laws; handle Retaining seasoned personnel takes on even criminal appeals and serious state-wide crimi greater importance as the practice of law nal prosecution in a majority of states; inter becomes increasingly specialized. With the vene in public utility rate cases; and enforce growth of issues relating to complex federal the provisions of charitable trusts. statutes in areas such as Medicaid, bankrupt cy and the environment, for example, the Defending the State Jeffrey L. Amestoy is Attorney General of Vermont The attorney general is the managing part and 1991-92 President, National Association of ner of the state's public law firm. Over the Attorneys General. 102 The Book of the States 1992-93 AT~RNEYSGENERAL stakes for states and their citizens are sub who are the subject of civil litigation result stantial. ing from activities within the scope of their employment, when the employee so requests. Preservation of State Fiscal Resources In many jurisdictions, the attorney general is not authorized to represent state officers if The administration and control of public their actions were willful, wanton, malicious, resources is an important function for most grossly negligent or in bad faith. In all states, attorneys general. Responsibilities in this area representation is limited to actions arising out can include regulation of state contracts, real of the officer's official duties. In almost half estate transactions, surety bonds, and revenue the states, the attorney general has indepen bonds, and service on boards and commis dent authority to settle claims against the sions that set financial policies. As the state's state; in others, the attorney general has joint lawyer, most attorneys general also have au settlement authority with the governor, de thority to enhance state revenues through partment of finance, department of risk man collection activities and to defend the state agement or client agency. 8 against claims for monetary awards. 4 In most states, the attorney general's ap Public Protection proval is required on contractual transactions to ensure conformity with state law. A majori State attorneys general have traditionally ty of jurisdictions require approval of the at served as defenders of the public interest, torney general on some or all conveyances or working to preserve and protect the rights of contracts regarding real estate. At least 20 jur their states' citizens in the marketplace. In the isdictions require the attorney general's ap mid-to-late-1980s, the attorneys general signifi proval on aU or some surety bonds. Although cantly broadened the scope of their activities, responsibilities vary, most attorneys general moving into areas where the federal presence serve as bond counsel or approving authority was diminished due to deregulation. During for some or all state or local bond issues. 5 this time, attorneys general found a powerful Nearly aU attorneys general have substan tool in multistate task forces, which allowed tial authority over the collection of monies them to pool resources, share costs and in owed the state. Collection duties include re crease their influence. After a number of suc covering delinquent taxes, student loans and cessful multi state cases, the attorneys general overpayments of welfare benefits, and appear became known as a leading national force in ances in bankruptcy courts to protect states' the antitrust enforcement and consumer pro interests. 6 tection arenas. 9 Some attorneys general either administer or The role of the attorneys general on the represent the agency responsible for admin national scene has continued into the 1990s istering the state's Child Support Enforcement and has been enhanced by a renewed spirit of Program. Under the program, applicants for federal-state cooperation. Formal working Aid to Families with Dependent Children groups have been established that regularly (AFDC) assign their child support rights to bring attorneys general together with their the state when receiving assistance and agree counterparts in the Federal Trade Commis to cooperate with the designated enforcement sion (FTC) and U.S. Department of Justice. agency in securing child support. Establish Through these working groups and ad-hoc ing paternity and collecting child support partnerships, state and federal law enforce reduces the cost of the AFDC program to the ment authorities regularly share information states and frees many families from future and coordinate enforcement action, resulting welfare dependency. These services also are in more efficient and effective service to the available to persons not receiving public as public. sistance upon payment of a fee. 7 In the area of antitrust enforcement, the at Most attorneys general are responsible for torneys general have emerged as a "de facto representing all state officials and employees third national antitrust enforcement agency,' The Council of State Governments 103 ATTORNEYS GENERAL augmenting the federal efforts of the Antitrust In other action, the attorneys general gained Division of the U.S. Department of Justice a powerful weapon against anticompetitive and the Federal Trade Commission's Bureau mergers when the U.S. Supreme Court ruled of Competition. to Much of the states' antitrust unanimously in 1990 to grant states the au activity is coordinated through the National thority to attack mergers that have already Association of Attorneys General (NAAG) received federal approval. 16 In another signifi Multistate Antitrust Task Force, which allows cant case 14 attorneys general charged credit all offices to benefit from the resources of card companies Visa and Mastercard with those with the largest antitrust staffs. conspiring to monopolize the newly-emerging Through task force-coordinated actions in debit card industry, obtaining a settlement recent years, the attorneys general have had that halted the companies' planned joint ven particular success combating alleged price ture, which the attorneys general contended fixing by major electronics manufacturers, was an attempt to keep other companies from halting practices that limit choice in the mar entering the market. 17 ketplace while recovering millions of dollars The attorneys general also have been active in restitution for injured consumers. The at on the consumer protection front. A lO-state torneys general charged Mitsubishi Electron task force, dubbed by the media as the "Food ics America, Inc., with attempting to enlist Cops;' has brought a series of suits that electronics retailers in a nationwide conspira stopped such companies as Nabisco, Kellogg, cy to fix the price of certain television set Quaker Oats and Campbell Soup from mis models and won $7.95 million in refunds for leading the public about unsubstantiated consumers. II This case is believed to be the health benefits of some of their products. 18 first instance in which all 50 states filed sepa An ll-state task force has reached agreements rate actions in a single court on the same with Procter & Gamble, Mobil Corporation day. 12 In a similar price fixing case, 50 attor and other manufacturers over unsubstantiat neys general reached a $25 million settlement ed claims of "environmental friendliness~'19 with Nintendo of America, Inc., which al In 1991, the so-called Green Marketing Task legedly colluded with electronics dealers to set Force issued recommendations for responsi minimum prices for home-video consoles. 13 ble environmental advertising and has urged The Nintendo case represented an important the federal government to adopt national milestone in federal-state cooperation, as the standards that will result in consistent and Federal Trade Commission simultaneously truthful advertising giving consumers enough reached a similar settlement. 14 information to weigh the environmental safe In an ongoing court battle, a group of ty of products they buy. 20 19 attorneys general are pursuing a lawsuit A task force of seven attorneys general in through the federal courts against 32 Ameri vestigated the mortgage lending industry in can and foreign insurance companies. Origi 1990 and accused the nation's lenders of nally filed in 1988, the suit charges the indus charging homeowners billions of dollars in try with conspiring to limit liability coverage excess escrow payments in violation of federal and drive up rates for businesses and state and law. 21 Their work was the basis of a success local governments. According to the attorneys ful suit, eventually joined by 12 other attor general, the alleged activity amounts to an neys general, against industry giant GMAC illegal boycott that limits the availability of Mortgage Corporation, which agreed in a set liability insurance in the U.S. The most recent tlement to refunds and reduced mortgage action in the case came in 1991 when a federal payments of approximately $100 million for appeals court rejected the insurance indus virtually all of its 380,000 customers nation try's contention that it was exempt from anti wide. 22 In March 1991, a nine-state task force trust law. Significantly, the U.S. Department produced "The 900 Report;' which analyzed of Justice filed a brief supporting the position fraud in the growing pay-per-call industry.23 of the attorneys general. 15 The task force's work was later taken up by 104 The Book of the States 1992-93 ATfORNEYS GENERAL a specially appointed NAAG Subcommittee, As the report notes, the past two decades which issued a set of recommendations that witnessed both the expansion of federal en were largely adopted by the Federal Commu vironmentallegislation in the 1970s as well as nications Commission in a September 1991 the reemergence of the states - and their at rulemaking governing 900-number services. 24 torneys general - in the vanguard of the fight Outside of formal task forces, the attorneys to protect the environment. The report also general frequently band together to work on points out that a major challenge in the 1990s specific cases. A group of 19 attorneys general will be to define the appropriate roles of the obtained a major settlement with credit re state and federal governments in a way that porting agency TRW Inc., which agreed to a promotes effective and efficient environmen series of reforms designed to improve the ac tal programs and utilizes the strengths of both curacy of credit reports and to make the com levels of government. pany more accountable to consumers.25 A In 1990, a Harvard Environmental Law similar settlement was reached between the Review Symposium volume containing seven company and the FTC. And in an ongoing articles by state attorneys general captured a battle with the airline industry, the U.S. Su small sampling of the wide variety of environ preme Court heard arguments in March 1992 mental enforcement issues confronting attor over whether the attorneys general are pre neys general in the 1990s, among them: wild empted under federal law from suing airline life habitat protection through statewide land companies for false advertising of fares. 26 use regulation; the state role in outer conti Looking to the future, the attorneys general nental shelf oil and gas leasing, chemical acci are focusing increasing attention on certain dent prevention, and natural resource damage vulnerable populations, particularly children litigation; criminal environmental enforce and the elderly. In late 1991, a new NAAG Sub ment; and recovery of costs expended by 28 committee on Children and the Law began states to abate asbestos contamination. looking at such issues as child care, child wel Attorneys general have worked together on fare, missing and exploited children, and child a number of important environmental protec support enforcement. Separate subcommit tion initiatives in the past few years. They tees also were set up to deal with civil rights joined forces in 1990 with the National Gov and consumer protection issues associated ernors' Association in a special task force that with the growing elderly population, particu found widespread environmental abuses at larly in areas such as long-term health care thousands of federally-owned facilities, most and fraud targeted toward the elderly. of them under the authority of the depart ments of Energy and Defense.29 The report Environmental Enforcement cited contamination problems from past haz ardous waste disposal practices at federal fa Late in 1989, the National Association of cilities as well as continued noncompliance Attorneys General released a report titled En with current environmental laws. It also chroni vironmental Protection in the 1990s: Recom cled the difficulties that both the Environ mendations of the Attorneys General to the mental Protection Agency and the states have New Administration. The introduction to encountered in attempting to enforce environ that document contained the proposition that mental laws at these facilities. Attorneys gen "[a]mong the most essential rights guaran eral continue to champion through litigation, teed to us by law is the right to a clean, safe legislative proposals and negotiation, the and healthful environmenC' State attorneys right of states to enforce compliance with the general, historically charged with the duty of environmental laws by federal facilities located protecting the public interest, often have in their states. 30 played a key role in protecting the environ The scheduled closure of at least 90 mili ment and natural resources on behalf of the tary bases across the country under the Base citizens of their states. 27 Closure and Realignment Act of 1988 (P.L. The Council of State Governments 105 ATTORNEYS GENERAL 100-526) presents another emerging federal and to ensure current sound environmental facilities issue that will require the combined management practices are a routine and in resolution of significant legal, political and tegral part of commercial transactions involv economic issues in order to expeditiously trans ing facilities where hazardous substances are fer the closed bases to productive non-military handled. uses. Because the federal Superfund law re Perhaps the largest of all upcoming "envi quires the cleanup of all environmental con ronmental challenges" for state governments tamination at many of these bases before the and attorneys general will be the implemen property can be transferred by the federal gov tation and enforcement of the 1990 Clean Air ernment, environmental law will play an im Act Amendments. Like most federal environ portant role. The New Hampshire attorney mental legislation, the 1990 amendments en general's recent experience with one of the vision that the federal government will set first base closures at Peas Air Force Base in national standards and provide oversight and dicates that attorneys general will playa cru technical or financial assistance, while states cial role in resolving these complex issues. The will be primarily responsible for implementing Texas attorney general represented NAAG on and enforcing most of the new requirements. a Base Closure Task Force formed by the U.S. The amendments are sweeping in breadth, Department of Defense, which recently issued covering many previously unregulated small a report discussing some of the major issues air pollution sources, and ambitious in their that federal, state and local governments can pace, setting short time schedules for comple expect to encounter during the base closure tion of federal regulations and state imple process. 31 mentation plans. The amendments also intro Cleaning up sites contaminated by hazard duce novel market-based emissions trading ous substances under the federal Superfund concepts and "early-reductions" incentives law and state cleanup laws will continue to that are likely to raise new implementation be a major environmental challenge for the and enforcement issues. 1990s. Addressing the contamination risks Many attorneys general continue to lead posed by the indiscriminate disposal practices the way or play central roles in joint federal of the past has proven to be an enormous and state-local criminal environmental enforce complex task. However, the joint efforts of ment efforts. Several also have been in the federal and state governments to compel re forefront in pollution prevention and toxic sponsible parties to bear the costs of cleaning use reduction. The interrelationship between up contamination has resulted in a significant bankruptcy and environmental cleanup obli beneficial side-effect. gations; interstate transportation of solid and Fear of Superfund liability has created a hazardous wastes; the U.S. Nuclear Regula tremendous incentive for owners and opera tory Commission's proposed "Below Regula tors of industrial and commercial facilities to tory Concern" policy that would deregulate carefully manage or reduce the amounts of many low-level radioactive wastes; and oil hazardous substances they use to avoid future spill litigation are among the myriad issues contamination problems. Lenders, insurers that continue to require the diligent attention and property owners with a financial stake in of attorneys general and their staff as they ful the facility share in the concern that the facili fill their responsibility to protect and defend ty properly manage hazardous substances to the public's right to a clean and healthful en vironment. avoid potential liability. Few of these parties had even considered undertaking an "environ Criminal Justice mental audit" of the commercial or industrial facilities they dealt with prior to the mid-1980s. Most attorneys general playa vital role in Today, thanks in large part to Superfund's investigating and prosecuting criminal activity "polluter pays" principle, environmental au and in defending convictions on appeal. More dits designed to check for past contamination than half of them have authority to initiate 106 The Book of the States 1992-93 AT~RNEYSGENERAL criminal prosecutions, particularly in such poor. Through the Medicaid Fraud Control areas as organized crime, white collar crime Units, most of which are operated by attor and Medicaid fraud. Almost all attorneys neys general offices, millions of dollars in res general have the power to intervene or assist titution and penalties have been recovered in cases initiated by local prosecutors.32 from doctors, pharmacists, nursing home ad The war on drugs has been a high priority ministrators, hospital officials and other pro for the law enforcement community in recent viders who bilk the system. Typical schemes years, and the attorneys general have had a include billing for services not performed, substantial role in drug enforcement and edu double billing and billing for more expensive cation. A number of them participate in or procedures than were performed. The fraud lead multi-jurisdictional task forces through units also investigate allegations of patient which state and local prosecutors and police abuse and neglect in health care facilities that coordinate enforcement activity. About one receive Medicaid funds. The attorneys general third of the states convene statewide grand have advocated specific criminal state statutes juries, often operating out of the attorney to define clearly the duty of health care facili general's office, to investigate and indict com ties to protect their patients from harm and plex drug conspiracy organizations that may neglect and to impose penalties for the fail be beyond the limited resources of an individu ure to carry out that duty.35 al prosecutor's office. The attorneys general A major concern of attorneys general in also frequently team up with federal officials, recent years has been reform of the federal including U.S. Attorneys and agents of the habeas corpus process, which many believe FBI, Customs Service and Drug Enforcement allows prison inmates to prolong the appeals Agency, through so-called Law Enforcement process unreasonably by filing successive peti Coordinating Committees. Federal-state-Iocal tions for review of their convictions. Through law enforcement efforts are further enhanced NAAG, the attorneys general have adopted, by the activities of the Executive Working and advocated before Congress, positions Group on Prosecutorial Relations, an inter favoring the passage of legislation that would jurisdictional body that meets regularly to reform the federal habeas process to promote identify mutual concerns and promote coop the finality of state court judgements, expe eration.33 dite decisions in federal habeas proceedings, The attorneys general also have made effec and reduce the amount of relitigation of state tive use of civil remedies in attacking crimi court criminal cases. In other legislative activity, nal enterprises, particularly drug trafficking NAAG has urged Congress to increase federal organizations. Statutes governing asset forfei funding for state and local law enforcement ture, civil RICO (Racketeer Influenced and efforts, and has called for passage of the Vio Corrupt Organizations) and, most recently, lence Against Women Act, which would cre money laundering have become powerful weap ate new penalties for gender-based crimes, ons state prosecutors use to dismantle criminal labeling them as "hate" crimes, and would ex organizations and seize the proceeds from tend civil rights protections to victims of gender-based crime. their crimes. NAAG has established a Finan cial Crimes and Civil RICO project which, Supreme Court Practice under a grant from the U.S. Department of u.s. Justice, provides training and technical as The attorneys general are the primary rep sistance to attorneys general offices and coor resentatives of states and their interests in the dinates the activities of four RICO drug pro Supreme Court of the United States. Second secution demonstration sites. 34 only to the U.S. Solicitor General in frequen More than half of the attorneys general cy of appearance before the Court, attorneys have responsibility for investigating fraud in general offices typically argue approximate the Medicaid Program, the joint federal-state ly one-third of the cases heard by the Justices program that funds health services for the during any given term. 36 The Council of State Governments 107 AT~RNEYSGENERAL Of the approximately 5,000 cases filed with tions.44 Finally, of primary importance to the the Court each year, only about 150 petitions states is a decision on the degree of powers re for certiorari are granted. In making its selec served to the states by the 10th Amendment.45 tion of cases to hear, the court searches for Keenly aware of their unique responsibility those that raise questions of national interest to the citizens of their states, during the 1980s and through which it can articulate coherent the attorneys general undertook to enhance national legal policy, not cases in which lower the quality of their representation at the Su courts merely have made incorrect rulings. preme Court - through improved communi Thus, advocates before the Supreme Court cation among one another and with the U.S. are called upon to argue for broad legal prin Solicitor General, and through an informa ciples and not for fact-specific outcomes. As tion clearinghouse operated by NAAG, which a state's primary legal representative, an attor helps facilitate the distribution of news about ney general is required to advocate policy the court. Attorneys general also have become choices that will be most beneficial to the more adept at advocating their states' inter citizens of his or her state, despite individual ests at the court through the development of political views or the impact on those direct a Supreme Court Practice Seminar and a ly affected by the case. Moot Court Program, both conducted by Over the past several terms, the policy is NAAG. sues involving the states that have dominated The two-day Supreme Court Practice Semi the Supreme Court's agenda have been in the nar covers written and oral advocacy at the areas of criminal law, property rights and tax court, while the Moot Court Program allows ation. The allocation of power between the those attorneys general and their staff who are states and the federal government also has set to argue a case before the court to hold a been important. For instance, the federal gov dry run in front a panel of legal experts. Since ernment's ability to impose conditions on fed the program's inception, more than 400 exer eral grants to the states has been upheld, cises for 50 states have been conducted (several allowing the United States to mandate a mini more than once), with more than 38 attorneys mum drinking age as a condition of receiving highway funding,37 and regulating informa general and numerous staff lawyers partici tion dispensed to patients at federally funded pating. These numbers illustrate the commit ment of the attorneys general to enhancing clinics. 38 More recently, the 1990-91 term yielded de their advocacy skills and improving the rep cisions in criminal law that allow states to use resentation of their citizens before the court. testimony by crime victims or their relatives Notes in sentencing procedures,39 and allow the use of confessions made to a defendant's cellmate I Robert Biesenbach, Statistics on the Ojjice oj or other informant.40 The 1991-92 term is ex Attorney General (Washington, DC: National As pected to continue the court's interest in prop sociation of Attorneys General, 1992). erty rights and the states' ability to tax. A 2 Employment Report and Salary Survey, Class decision is expected on whether a party must oj 1990 (Washington, DC: National Association be compensated when regulations eliminate for Law Placement, 1991). 3 Compensation in Legal and Related Jobs his/her ability to make use of his/her prop (Non-Law Firms), 13th Edition (Crete, IL: Abbott, erty.41 Also anticipated are rulings on wheth Langer and Associates, 1991). er direct mail revenue may be taxed by the 4 Lynne Ross, State Attorneys General: Powers states,42 and whether the states may tax pen and Responsibilities (Washington, DC: National sions of military retirees while exempting Association of Attorneys General, 1990), 100-109. 43 those of other federal retirees. The Court is 5 Ross, 100-102. continuing its interest in criminal law, focus 6 Ross, 102-103. ing on decisions that affect the use of habeas 7 Ross, 103-105. corpus petitions to appeal criminal convic- 8 Ross, 105-107. 108 The Book of the States 1992-93 ATTORNEYS GENERAL 9 See "States Are Taking Lead on Consumer 444 North Capitol Street, Washington, DC 20001. Protection:' New York Times (February 8, 1988); 24 CC Docket 91-65. "Attorneys General Flex Their Muscles - State 25 "TRW Settles Lawsuit with FTC, 19 States:' Officials Join Forces to Press Consumer and An Washington Post (December 11, 1991). titrust Concerns:' Wall Street Journal (July 13, 26 Morales v. Trans World Airlines, Supreme 1988); "Why the States Are Ganging Up on Some Court Case No. 90-1604. Giant Companies:' Business Week (April 11, 1988). 27 For a general discussion of the traditional 10 From remarks by Connecticut Assistant At and evolving roles of state attorneys general in en torney General Robert M. Langer, Chair of the vironmental and natural resource areas of law, see NAAG Multistate Antitrust Task Force, before the State Attorneys General· Powers and Responsibili 25th New England Antitrust Conference in Cam ties (Washington, DC: National Association of bridge, Mass., October 25, 1991, as reprinted in 7 Attorneys General, 1990), chs. 10-12. For a more TRADE REGULATION REPORTER (CCH) 1 detailed discussion of the role of states and attor 50,068. neys general in environmental law, see Attorneys II Antitrust Report (Washington, DC: National General Guide to Environmental Law (Washing Association of Attorneys General, April/May 1991). ton, DC: National Association of Attorneys Gen 12 Langer. eral, 1990). 13 "Nintendo's Latest Novelty is a Price-Fixing 28 "Symposium, State Environmental Perspec Settlement;' Wall Street Journal (April 11, 1991). tives:' Articles from State Attorneys General, 14 14 Langer. Harvard Environmental Law Review (1990). 15 "Court Revives Antitrust Suit Against Insur 29 From Crisis to Commitment: Environmental ers:' Wall Street Journal (June 19, 1991); "Court Cleanup and Compliance at Federal Facilities, Ruling Sets Back Insurers:' New York Times (June (Washington, DC: National Governors' Associa 19, 1991). tion/National Association of Attorneys General, 16 California v. American Stores, Supreme January 1990). Court Case No. 89-258. See also "The Merger 30 Although nearly all major federal environ Parade Runs into a Brick Wall:' Business Week mental statutes contain waivers of sovereign immu (May 14, 1990), 38; and "States Gain Power to Pur nity requiring federal agencies to comply with the sue Antitrust Cases:' Wall Street Journal (May 1, requirements of those laws to the same extent as 1990). non-governmental entities, the federal government 17 "Visa and Mastercard Cancel Card Venture;' has resisted efforts of states to enforce those laws New York Times (May 9, 1990). by asserting narrow readings of those waivers. Re 18 See Marian Burros, "Eating Well:' New York cently, the Ohio Attorney General's office argued Times (February 27, 1991). Also, Consumer Pro before the U.S. Supreme Court the question of tection Report, a monthly newsletter published by whether the sovereign immunity waivers found in the National Association of Attorneys General, de the federal Clean Water Act and the Resource, tails these and other consumer protection cases Conservation and Recovery Act (RCRA) are suffi brought by Attorneys General. ciently broad to allow states to impose fines and 19 "States Seek to Control Environmental penalties against federal facilities for non Claims:' New York Times (November 8, 1990). compliance with those laws. See State of Ohio v. 20 "The Green Report II: Recommendations for U.S. Dept. ofEnergy, 904 F.2d 1058 (6th Cir. 1990), Responsible Environmental Advertising" (May cert. granted, 111 U.S. 2256 (1991), argued Decem 1991). Available from the Office of the Minneso ber 3, 1991 (Nos. 90-1341 and 90-1517). ta Attorney General, 102 State Capitol, St. Paul, 31 Report of the Defense Environmental Re Minn. 55155. sponse Task Force (October 1991). 21 The report, "Overcharging on Mortgages: 32 Lynne Ross, State Attorneys General· Powers Violations of Escrow Account Limits by the Mort and Responsibilities (Washington, DC: National gage Lending Industry" (April 24, 1990), is avail Association of Attorneys General, 1990), 278. able from the office of the New York Attorney 33 Ross, 286-289. Also, see "Strengthening the General, 120 Broadway, 25th Floor, New York, NY National Drug Control Strategy: Ideas and Initia 10271. tives from State Attorneys General" (Washington, 22 Consumer Protection Report (January 1992). DC: National Association of Attorneys General, 23 The "900 Report" and recommendations of 1990). the 900 Number Subcommittee are available from 34 The NAAG Financial Crimes and Civil the National Association of Attorneys General, RICO Project publishes a bi-monthly newsletter, The Council of State Governments 109 AT~RNEYSGENERAL titled Civil Remedies in Drug Enforcement Report, 37 South Dakota v. Dole, 107 S.Ct. 2793 (1987). which reports on the use of state RICO, forfeiture, 38 Rust v. Sullivan, III S.Ct. 1759 (1991). money laundering and related civil statutes in drug 39 Payne v. Tennessee, III S.Ct. 2597 (1991). enforcement. 40 Arizona v. Fulminante, III S.Ct. 1246 (1991). 35 Guidelines and Commentary for Legislation 41 Lucas v. South Carolina Coastal Council, to Prohibit Patient and Resident Abuse (Washing Supreme Court Case No. 91-453. ton, DC: National Association of Attorneys Gen 42 Quill v. North Dakota, Supreme Court Case eral and National Association of Medicaid Fraud No. 91-194. Control Units (NAMFCU), September 1988). Also, 43 Barker v. Kansas Dep't of Revenue, Supreme the NAMFCU publishes a monthly newsletter, Court Case No. 91-611. 44 See, e.g., Estelle v. McGuire, Supreme Court titled Medicaid Fraud Report, which reports on the Case No. 90-1074, and Stringer v. Black, Supreme activities of the Medicaid Fraud Control Units. For Court Case No. 90-6616. information, contact NAMFCU executive director 45 While the majority opinion in the most re Barbara Zeiner at 444 North Capitol Street, Wash cent case on the subject, Garcia v. San Antonio ington, DC: 20001. Metro. Transp. Auth., 469 U.S. 528 (1985), held that 36 Statistics available for the 1990 term show those powers reserved to the states by virtue of the that out of 116 hours of oral argument before the 10th Amendment could be protected only by the Court, state attorneys general argued 35. Although states' elected representatives in Congress, the dis the Supreme Court appears to be downsizing its sent by Chief Justice Rehnquist and Justice O'Con caseload during the 1991 term, the proportion of nor indicates that they expect the ruling to change cases requiring the appearance of state attorneys with changes in court composition. New York v. general is expected to remain at the same level or United States, Supreme Court Case No. 91-543, increase. may help settle the issue. 110 The Book of the States 1992-93 ATTORNEYS GENERAL Table 2.17 ATTORNEYS GENERAL: QUALIFICATIONS FOR OFFICE Membership in Method of U.S. State Qualified Licensed the stale selection State or other Minimum citizen resident voter attorney bar to jurisdiction age (years) (years) (years) (years) (years) office Alabama ... 25 E Alaska .. ... A Arizona. 25 10 5 E Arkansas 18 ...... E California. 18 (a) (a) E Colorado .. 25 ... 2 ... (b) E Conneclicul 18 ...... 10 10 E Delaware E Florida 30 ... E Georgia. 25 '1'0' E Hawaii ... I (c) A Idaho ..... 30 ... 2 ... E illinois. 25 3 * E Indiana. * (d) E Iowa. * E Kansas E Kenlucky . 30 2 (d) E Louisiana . . 25 5 (d) E Maine .. * (e) Maryland .. * (f) 10 (d) * 10 10 (c) E Massachusetts 5 E Michigan 18 30 days * E Minnesota 21 30 days * E MIssissippi . 26 * 5 (d) * E Missouri .. * I E Monlana (g) ... 25 2 5 E Nebraska (h) . 21 (c) * (c) (c) * E Nevada ... .. 25 2 (d) E New Hampshire . * * A * * A New Jersey. 18 (c) * ... * New Mexico. 30 E New York 30 (c) E North Carolina. 21 * ... (c) E North Dakola ... 25 * E 18 * * * E Ohio '" * * * Oklahoma .... 31 iO 10 E Oregon ...... 18 * 6 mos. E Pennsylvania 30 * 7 * E Rhode Island. 18 * * * E * * E Soulh Carolina. * * * Soulh Dakola . E Tennessee . . * * * * (i) Texas. E Ulah. 25 5 (d) * * E Vermont . . * * * E Virginia ...... 30 5 (j) 5 (j) E Wasbington . * E West Virginia 25 ... 5 (d) * E Wisconsin .. . * E * 4 A Wyoming. * * * American Samoa A Guam. * A No. Mariana Islands . . ' 5 A Puerto Rico ...... 21 (e) ... (e) (c) A U.S. Vir,ln Island, * (k) A Saurce: The Council of State Governments' survey. February 1992. (d) State citizenship requirement. Note: This table contains constitutional and statutory provisions. "Quali- (e) Chosen biennially by joint ballot of state senators and representatives. fied voter" provision may infer additional residency and citizenship reQuire- (f) Crosse v. Board of Supervisors of Elections 243 Md. 555, 222IA. ments. 2d431 (1966)-opinion rendered indicated that U.S. citizenship was. by Key: necessity I a requirement for office. * - Formal provision; number of years not specified. (g) No person convicled of felony is eligible to hold public office until . - No formal provision. final discharge from state supervision. A - Appointed by governor. (h) No person in default as a collector and custodian of public money E - Elected by voters. or property shall be eUgible to public office; no person convicted of a felony (a) No statute specifically requires this. but the State Bar act can be in- shall be eligible unless restored to civil rights. terpreted as making this a qualification. (i) Appointed by i,udges of state Supreme Court. (b) Licensed attorneys are not required to belong to the bar association. (j) Same as quali lcations of a judge of a court of record. (c) Implied. (Jc) Must be admitted to practice before highest court. The Council of State Governments 111 ATTORNEYS GENERAL Table 2.18 ATTORNEYS GENERAL: PROSECUTORIAL AND ADVISORY DUTIES Issues advisory opinions: Reviews legislation: !i .~ r1~ :Jz~ i2 .. " .~~ ~ ~ Authority in local prosecutions: e.t; ·5'" "~ i2 ~'i:; §'c- § ~ ~ May May May ~ _ll ·5'"::-, "- .~ ~~ .'<) ~ 0·5 II Authority to intervene supersede sa " assist ~.~ -'!t .. ~ State or other initiate local in local local local '" ~~ 'Sa ~~~ .S .g, jurisdiction prosecutions prosecutions prosecutor prosecutor ~~ ~ ~~ a'~ a·g 5 112 The Book of the States 1992-93 ATTORNEYS GENERAL Table 2.19 ATTORNEYS GENERAL: CONSUMER PROTECTION ACTIVITIES, SUBPOENA POWERS AND ANTITRUST DUTIES May May Represents the Administers commence commence state bejore consumer Handles Subpoena State or other civil criminal regulatory protection consumer powers Antitrust jurisdiction proceedings proceedings agencies (a) programs complaints (b) duties Alabama. A,B Ala"'a. * * * * B,C Arizona. * * * * * * A,B,D Arkansas * * * * B,C Caliromla. * * * * * A,B,C,D (c) * * * * * * Colorado. B,C,D (d) Connedicut . * (e)* * * * A,B,D Delaware * * * A,B,C Florida .. * * * * * A,B,C,D(I) Georgia. * B,C * * * * Hawaii * (e,g) (g) A,B,C,D Idaho * * * * 0 Illinois. * * * * A,B,C,D Indiana * * * * * B,C,D Iowa * * * A,B,C,D * * * * * "anSils B,C,D Ken/ucky . * * * * * (c)* A,B,D Louisiana .. * * * * * A,B,C,D Maine .... * * * * * * A,B,C Maryland * * * * * * B,C,D * * * * * * Massachusetts .. A,B,C,D Mi The Council of State Governments 113 ATTORNEYS GENERAL Table 2.20 ATTORNEYS GENERAL: DUTIES TO ADMINISTRATIVE AGENCIES AND OTHER RESPONSIBILITIES Duties to administrative agencies Conducts litigation: l .. "l; -::~" tl e ~.'a .5.~ ~ .. '" ",-t: ~~ Appears for ~ ~e- ~~~ 1l~ E~.g ~ ~ E "::1: ~~ Serves as stale in tl.~ ""~ .~ ~ ~~~ .~..!:! Slate or other counsel criminal ~'S~ ~il:' ~~ 'i:~ ~ ~t, ",~ l'~ ~ ~t! jurisdiction for stale appeals H ... 6'Q> "" ~." ~t~ ~~ Alabama. A,B,C * (a) (b) Alaska .. A,B,C * * * * * * ArizoDa. A,B,C (c,d)* * * * * * * * Arkansas A,B,C * (a) * * * (b) * * * * Canfornla. A,B,C * * * * * * * * (a) * * * * * Colorado A,B,C (b) ConnKticut .... A,B,C (b) * * * (b)* * (b) * * Delaware A,B,C * (a) * * * * * * Florida A,B,C * (a) * * * * * * * * A,B,C (b,c) * * * * * * Georgia. * * * * * * * Hawaii A,B,C (b,c) Idaho. A,B,C * (a) * * * * * * * * Illinois. A,B,C (b,c,e) * * * * * * * Indiana A,B,C * (a) * * * * * * A,B,C * * * * * * Iowa * (a) * * * * * * Kansas A,B,C * (a) * (a) Kentucky A,B',C * * * * * (t) (b) (b) Louisiana .. A,B,C (c)* * * * * * Maine .. A,B,C (b,d) * * * (b)* * (b) * * A,B,C * * * (b) * * * Maryland. * * * * * * * * Massachusetts A,B,C (b,c,d) Michigan ... A,B,C (b,c,d) * * * * * * * * Minnesota A,B,C (c,d) * * (a)* * * * Mississippi . A,B,C * * * * * * * A,B,C * * * * * * * * * Missouri . * * * * * * * Montana. A,B,C Nebraska ... A,B,C * * * * * * * Nevada ..... A,B,C * (d) * * * * * * New Hampshire A,B,C * (a) * * * * * * * A,B,C * * * * * * * * New Jersey .. * (d) * * * * * * * New Mexico. A,B,C * (a) New York ... A,B,C (b) * * * * * * * * North Carolina A,B,C * * * * (b)* Sorth Dakota . A,B,C (b)* * * * * * * * A,B,C (b) * * * * * * Ohio ... * * * * * * * Oklahoma A,B,C (b) Oregon. A,B,C * * * * * * * * Pennsylvania A,B,C * * * * * * * Rhode Island. A,B,C * (a) * * * * * * * A,B,C * * * * * * * * South Carolina . * (d) * * * * * * South Dakota . A,B,C * (a) Tennessee . A,B,C * (a) * * * * (b) Texas .. A,B,C (c) * * * * * * * * * * * (b) * * Utah .. A,B,C * (a) * * * * * * * Vermont A,B,C * * * * * * * * Virginia ...... A,B,C * (a) * * * (g) * * Washington .. A,B,C (c,g) * * * * West Virginia A,B,C * (a) * * * (g)* * * * (b) * * * (b) (b)* (b) * (b) * Wisconsin. A,B,C * * * Wyoming. A,B,C * (a) * * * * * * American Samoa A,B,C * (a) Guam ...... A,B * * (b)* (b)* * * No. Mariana Islands. A,B,C * * * * * A,B,C * * * * * * * Puerto Rico ... * * * * * * * U.S. Virgin Islands A,B,C(h) * * * * * * * * Source: The Council of State Governments' survey, February 1992. (a) Attorney general has exclusive jurisdiction. Key: (b) In certain cases only. A - Defend state law when challenged on federal constitutional grounds. (c) When assisting local prosecutor in the appeal. B - Conduct litigation on behalf of state in federal and other states' (d) Can appear on own discretion. courts. (e) [n certain courts only. C - Prosecute actions against another state in U.S. Supreme Court. (f) Public Service Commission only. • - Only in federal courts. (g) If authorized by the governor . * - Has authority in area. (h) Except in cases in which the U.S. Attorney is representing the Govern- . . . - Does not have authority in area. ment of the U.S. Virgin Islands . 114 The Book of the States 1992-93 THE STATE TREASURERS, 1990-91 By Mary Ellen Withrow During this time of economic challenge, vestment vehicles are repurchase agreements state treasurers are setting examples of pru and U.S. Treasury and agency obligations. dent and steady management of public funds, Tracking the amount of funds available for and are filling gaps left by a federal vacuum investment requires state-of-the-art technolo in services to the public. gy. High-speed, advanced check processing Over the past two years, 19 new state trea and encoding equipment, as well as up-to-the surers have taken office. Of these, 14 were minute electronic monitoring of the securities elected by the people and five were appointed. market are the norm. Although recognizing No matter how the office is assumed, though, resource constraints, state treasurers remain the state treasurer is held accountable by the dedicated to modernizing treasuries to meet people, and his or her record of achievement today's standards. Arizona's state treasurer re and performance in office is a direct reflec cently introduced computer controlled fax tion on the state and its well-being. More criti distributions enabling the treasury to release cally, the treasurer's performance and record disbursement information by facsimile. State of investment income affects the bottom line. agencies receive same-day notification and The diverse duties of state treasurers make hard copy documentation in a single process, them working partners throughout state gov facilitating cash flow and investment decisions. ernment. At the same time, staff are freed from making State legislatures are recognizing these im an average 350 telephone calls each week to portant partnerships. In Minnesota, the trea report on intended disbursements. In Minne surer received legislative authorization for an sota, the treasurer received funding for a new optional bank service fee payment, which system that will accommodate an estimated saves taxpayers an estimated $280,000 annu one-third increase in data/warrant process ally by use of competitive bid direct charge ing, an increase resulting from congressional payment rather than compensating balance mandates to centralize public assistance pro payment methods. The Rhode Island General grams from the county level. Assembly approved the general treasurer's plan to insure the safety of state and munici Responsibilities of Treasurers pal short-term investments by providing for Some duties of state treasurers are funda 100 percent collateralization of public funds mental - to receive payments from other in short-term investments which exceed 60 state agencies, to process state tax payments days. In Nebraska, legislation was passed that and fees, to deposit all monies into appropri authorizes the state treasurer's membership ate bank accounts, and to invest available on the Nebraska Investment Council, which funds. Common duties of state treasurers are gives the treasurer a voice in the state's invest listed in Table 2.22. ment policy, rather than standing on the side While the tasks may seem straightforward, lines reporting daily the amount of funds the processes can be complex. Treasurers must available for investment. carry out these responsibilities using the swift- States use a number of investment vehicles. These allowable investments are listed in Ta Mary Ellen Withrow is Treasurer of Ohio and the ble 6.4. In-state certificates of deposits are 1992 president, National Association of State most commonly used, while other popular in- Treasurers. The Council of State Governments 115 TREASURERS est, most efficient methods available. Monies al Treasurer of Rhode Island, has offered a due to the state are deposited immediately so pension reform package that would prevent funds can be invested to earn the highest pos abuses resulting from legislative, judicial and sible return. Other duties require state trea executive actions, and the Rhode Island State surers to be innovative money managers. Trea Retirement Board has endorsed the propos surers work with cash management to ensure al. In addition to protecting pension funds, sufficient cash to meet financing needs, and state treasurers seek to invest in programs that with debt management to finance long-term serve their state's citizens. For example, fur projects in the least costly manner. loughed state workers in Massachusetts are eligible to receive state loans with money bor Cash and Debt Management rowed from the workers' retirement accounts "Money is one of the major assets of state in the state employees' pension system. The government. Its management has never been program operates like a bank loan program more important:' said North Carolina Trea with 12-month loans at a 9 percent interest surer Harlan Boyles. All state treasurers would rate. echo this belief, and the Wisconsin treasury, among others, holds cash management con Managing Unclaimed Funds ferences for local treasurers. lWenty-five state treasurers manage un Cash management responsibilities of each claimed funds accounts for funds abandoned state treasurer are outlined in Thble 6.6. through long-forgotten bank accounts, lost In addition to effective cash management, tax refunds, stock holdings and dividends, states are examining methods to improve over insurance proceeds, and unclaimed wages, sight of state debt. The National Association among others. The rate of return on these un of State Treasurers (NAST) formed the State claimed funds is staggering. In Colorado, the Debt Management Network in 1991, following Great Colorado Payback program has $10 publication of Debt & Duty: Accountability million in unclaimed funds ready for disburse and Efficiency in State Debt Management. ment upon claim. The abandoned property The study found that additional information program in Maine contributed a record $2.9 is needed about state debt management poli million to the general fund. Virginia'S pro cies, as states are increasingly issuing debt to gram captured attention when citizens read pay for programs. The network is a support the headline "General Schwarzkopf leaves system for debt management and oversight money in Virginia!" A list containing 33,000 officials from all branches of state govern names was published in newspapers across ments. Virginia, a typical method used to inform citi Individual states also are studying ways to zens of unclaimed funds. improve their efforts in this area. For example, As a result of a bank audit, Rhode Island's Treasurer Kay Bailey Hutchison of Texas is abandoned property program recently gave calling for sweeping changes to control, regu a half million dollars to the charitable Nar late and curb state debt. Legislation has been ragansett Preservation and Improvement Asso introduced calling for a Texas constitutional ciation. Recognizing the significance of these amendment that would require all debt-author unclaimed funds, the Mississippi legislature izing measures to be considered by voters, with passed a law requiring holders of unclaimed full disclosure of the purpose and amount of funds to report after five rather than seven debt. years of dormancy. Administering Public Pension Funds Responding to Public Needs State treasurers often administer public Some state treasurers administer state So pension funds, and manage retiree funds for cial Security benefits programs and deferred hundreds of thousands of public employees, compensation savings plans. They also are teachers, police officers, firefighters and state custodians of workers' compensation funds. highway patrols. Anthony Solomon, Gener- While state treasurers' duties are diverse, there 116 The Book of the States 1992-93 TREASURERS is a common expectation that these officials more than $100 million to more than 800 first will respond to the ever-changing needs of the time home buyers. Like other state affordable public. housing programs, STAR Mortgage features Today, with falling tax revenue and less fed a low down payment, and 85 percent of the eral assistance, states are required to do more mortgage pool is dedicated to buyers who can with less. To avoid huge deficits, states must make down payments as small as 5 percent of manage their available funds more effectively the purchase price. Pennsylvania is quickly and efficiently, while keeping intact programs becoming an investment model through its that serve the public. This is a difficult task. Knoll HomeStart program, which provides be However, states' public finance leaders have low market-rate mortgages to middle-income, become innovators, creators of programs and first-time home buyers. State Treasurer Cath solvers of problems. erine Baker Knoll reports that first-time home State treasurers are managing money in buyers, single parents and veterans participate ways that benefit the people. For example, in the program. The home buyers, chosen by the Withrow Plans of Linked Deposits offer lottery because of the great demand, each reduced-rate financing to Ohio's small busi save an average of $12,600 over 30 years. ness owners and farmers, in an effort to save There has been steady growth in the num or create small business jobs and to reduce ber of states and state treasurers involved in debt burden to farm operations. A spin-off college savings programs. Currently, 34 states program in Ohio offers low-rate loans to own have programs and five states have programs ers of leaking underground petroleum stor pending. Of these, two distinct types have age tanks. In spring 1991, when Indiana was emerged: college savings bonds and guaran devastated by floods and tornadoes, nearly teed tuition. The College Savings Plans Net $400,000 in low-interest loans was made avail work, sanctioned by NAST, shares informa able through the Indiana treasury for the di tion among programs and informs other state saster victims to bridge the gap until federal agencies interested in starting programs. monies became available. Loan recipients first had to seek federal aid, and if no federal aid National and International Policy Interests was given, victims were permitted to use the State treasurers are also public policy ad money for one year at 5 percent interest. The vocates with national and international in California treasury provided low-interest loans terests. (up to 3 percent less than market value) to In recent years, state treasurers have used owners of small farms and businesses, includ professional organizations to publicly urge ing those affected by the drought and winter the federal government to appoint a chief fi freezes. In Pennsylvania, the treasury loaned nancial officer, or federal watchdog, to guard money for student loans to the Pennsylvania against government mismanagement, fraud Higher Education Assistance Agency to cover and waste. Congress, in 1991, passed the chief academic year expenses. This loan gave the financial officer legislation, which was sup agency breathing space until the General As ported by the U.S. Comptroller General Charles sembly allocated the $10 million requested as Bowsher. Ed Mazur, former comptroller of part of a tax-exempt bond issue. Virginia, was appointed controller of the U.S. Affordable housing remains important and Office of Management and Budget to over is a key issue for state treasurers in California, see the federal government's accounting and Connecticut and Pennsylvania. California allo financial reporting, and direct and monitor cated nearly $227 million in tax-exempt private reforms throughout the federal system. The activity bonds to first-time home buyers. The federal government has long insisted that loans helped roughly 2,670 low- and moderate states, local governments and private busi income families purchase first homes through nesses withstand private audits, and it is the below-market mortgage interest rates. Con state treasurers' position that the federal gov necticut's STAR Mortgage Plan distributed ernment do the same. The Council of State Governments 117 TREASURERS State treasurers also have played a key role teed loans as collateral for state deposits. To in the states' struggle to preserve tax-exempt keep business in Minnesota, Treasurer Michael financing. It is critical for Congress to recog McGrath contracted with a business in Ply nize the importance of the issue as state and mouth, Minn. to produce a commemorative local governments depend on tax-exempt medallion series, and became the first state bonds to finance long-term projects, such as to issue a Super Bowl commemorative medal infrastructure, education, housing and parks lion. and recreation. However, with the ever grow Treasurers also work closely with the na ing deficit, Congress has threatened to end the tional finance community. Girard Miller, sen tax-exempt status of such bond financing. ior vice president of Fidelity Investments and State treasurers have argued that state and the founder of the Government Finance Offi local governments should not have to pay for cers Association's newsletter, said: "The chal a federal deficit they did not create and can lenge is for those of us who are on the private not control. Without tax-exempt debt, state sector side to make lifetime commitments to and local government would incur thousands work with [the public sector], not for the to millions of dollars of added costs to fund quick buck, but for the long hauE' long-term ventures. Others would simply aban Increasingly, state treasurers are finding don such plans. themselves in the role of public finance advi Still, Congress has not entirely preserved sors to the international community. In 1990, the benefits of tax-exempt financing. The Tax for example, Ohio worked on a project offer Reform Act of 1986 mandated that bond is ing technical assistance to the new govern suers rebate arbitrage earnings from bond is ment in Poland. A delegation of officials from sues back to the federal government. In public the National Association of State Auditors, finance, arbitrage refers to the difference be Comptrollers and Treasurers (NASACT) trav tween the interest an issuer pays on tax-exempt eled to Poland to propose an information securities and the interest earned by investing sharing plan, and later, seven Polish officials the security proceeds in higher yielding tax spent a week studying the Ohio treasury. able securities. Technical assistance also was provided to In July 1991, as Congress debated the Thx officials in three cities of the former Soviet Exempt Bond Simplification Act of 1991, Union. Nine state treasurers visited the Soviet four state treasurers testified in support of the Union, meeting with former Foreign Minister legislation before the U.S. Senate Finance Eduard Shevardnadze, and several treasurers Committee's Taxation Subcommittee. The bill, talked with former Soviet President Mikhail sponsored by U.S. Sens. Max Baucus, D-Mont., Gorbachev. These meetings led to an agree and Christopher Dodd, D-Conn., exempts ment that Treasurers Michael Fitzgerald of smaller bond issuers from paying positive ar Iowa and Michael McGrath of Minnesota, in bitrage and allows most larger bond issuers, cooperation with Soviet officials, would lead such as states, to rebate only 90 percent of ar an effort to help establish the Moscow Grain bitrage earnings. Treasurers Kathleen Brown Exchange. In addition, because of efforts of California, Hutchison of Texas, Sam Shapiro made by treasurer Marshall Bennett, Missis of Maine, and Mary Ellen Withrow of Ohio sippi shipped tons of poultry to replenish So encouraged Congress to allow states to keep viet stores in the winter of 1992. more earnings and argued the legislation was Other international efforts are underway as a step in the right direction. Europe works toward a goal of a common State treasurers also work with the business currency and economic market. In 1991, a community. To boost small business growth, delegation of officials representing The Coun "Capitalize Texas" allows the treasury to pur cil of State Governments traveled to Europe chase up to $50 million in Small Business Ad to discuss financial issues with officials of the ministration loans to finance manufacturing, European Community. The states' treasurers commercial and retail projects from Texas are working with European colleagues to banks. The treasury also accepts the guaran- maintain continuity. 118 The Book of the States 1992-93 TREASURERS While state treasurers reach out with na debt, the state treasurers are increasingly a re tional and international agendas, their roles source in making government more efficient as chief fiscal officers of states remain most and receptive to the needs and the dreams of important. As the federal and other govern the people. State treasurers are committed to ments face falling tax revenue and mounting provide the best future for citizens. The Council of State Governments 119 TREASURERS Table 2.21 TREASURERS: QUALIFICATIONS FOR OFFICE State or other U. S. citizen State citizen Qualified voter Method of selection jurisdiction Minimum age (years) (years) (years) to office AI.bama ... 30 10 7 E AI.ska ..... A Arizoa•.... 25 10* *5 * E Arkansas .. 18 E Callforni•. 18 * * E * Colorado .. 25 E CoDDK'ticut . 21 * E Del...... , * * E Florid. 30 E Georgia. * (a) H ....iI ...... A Id.bo 25 2 E Illinois ... 25 * 3 E Indi.na. * (b) E Iowa. E Kansas E Kentucky. 30 . '2'(c) E Louisi.na . E Maine o • • • • • • • • • • L Maryland .. * L Massachusetts ... E Michig.n A Mlanesot•.. E Mississippi. 25 E Missouri .. * * E Montana. A Nebraska E Nevada ... 25 * *2 * E New Hampshire .. * * L Ne .. Jersey. A New Mexico. 30 E Ne .. York * * A North Carolin. 21 E North Oakot•. 25 * * * E i8 * * 3 mos.* E Ohio * * Oklaboma 31 10 10 10 E Oregon * (d) * (d) E Pennsylvania 30 * 7 E Rhode Island .. i8 * 30 days E Soutb Carolina * * E * * * Soutb Dakota E Tennessee .... L Texas. i8 E Utah ... i8 * E Vermont .. * * E Virglni •. A (e) W.shlngton .. 18 30 days E West Virginia * * E Wisconsin .... * * * E Wyoming ..... 25 * * * E Oist. of Columbia ... (I) Puerto Rico ...... A U.S. Vi'llin Islands .. A Source: National Association of State Treasurers and The Council of (a) Appointed by State Depository Board. State Governments' survey. March 1992. (b) Residency requirements while in office. Note: "Qualified voter" provision may infer additional residency and (c) State resident and citizen requirement. citizenship requirements. (d) Must be a state resident for 20 days and be a qualified voter for 180 Key: days prior to election. * - Formal provision; number of years not specified (e) Subject to confirmation by the General Assembly. ... - No formal provision (f) Appointed by the mayor. A - Appointed by the governor E - Elected by the voters L - Elected by the legislature 120 The Book of the States 1992-93 TREASURERS Table 2.22 TREASURERS: DUTIES OF OFFICE 5 'c- ~- ~~ E2.e" '§ ::; ~~ ~.Q .~ ~ ,,- ~ i:~~ ,,~ ~ ~ ~ £: e~ " " ~ " ""E~ ... ." .~ ~ ]0 "bOe ... :§ h.:!. :§~ ~~ ] !l'~ Slate or other ~.~ 'i; ~~ ~e at! .5 :::::~ ~~ " '-'" " ~ jurisdiction .s;~ .:s~S ~.8 0:)" ~ S~ ~8 ~·5 "-l The Council of State Governments 121