Section II ^ LEGISLATURES AND LEGISLATION
I. Legislative Organization and Services 2. ation
^
SI v^ Legislative Organization and ServiGes
STRUCTIJRE AND PROCEDURES
•'»,•.-* ' BY WALTER T. GRIBBEN*
ppoRTiOiNMENT problems continued commission provided for the purpose by to stand out in legislative activities the Legislature. In a few States apportion A*• during the 1966-67 biennium, but ment plans are still temporary, and the emerging theme was one of change in further action will be needed to fulfill other respects also—modernization of the judicial mandates, either legislatively or deliberative setting, removal of anti by constitutional amendment. Otherwise, quated restrictions, acceptance of new 1966-67 was a time for perfecting appor technolog)', revision of structures and tionment programs in anticipation of o|x;rating procedures, and improvement further action after the 1970 census. in compensation andworkingTonditions. When a chapter corresponding to this A spirit of modernization was marked in was written in late 1965 for the preceding the state capitols, reflecting new public edition of The Book of the States, only interest and involvement in legislative three Legislatures had not been reappor affkirs and concern for restoi-ation of the tioned since the decennial census of 1960: Legislature iis an equal force in American Minnesota's, where a 1965 apportion-: state government. . -- ment plan was vetoed;- Pennsylvania's, where the State Supreme Court assumed APPORTIONMENT the task because of legislative disagree Since the 5flAer v. C^rr decision of the ment; nnd Rhode Island's, where a legis U.S. Supreme Gourt.in 1962, apportion lative commission waS establisheci to ment has followed a Tong, and in some supervise a state census and propose an States arduous, course. By the end of 1967 apportionment plan. By the end of 1967, eveiy State had revised representational reapportionment had been accomplished \ districts for at least oneand inmost cases in all States, although several were ap^ both of its legislative houses, but only one proved only for interim periods, arid State had managed to do so without litiga-, Legislatures began the job of making tion. Judicial intervention notwithstand minor adjustments foi- problems which ing, the reapportionment record of the- -had- been-overlooked and those which Legislatures was impressive. In only ten subsequently appeared. . States were disagreements so substantial Temporary plans have been in" effect in that a, court was forced, to draw new dis nine States where legislative apportion ^ 40 THE BOOK OF THE STATES tiohs; Texas, iicting under court orders, gubernatorial board, and in New York recently eliminated temporary flotorial the Senate was reapportioned by a court, • districts. Hawaii's reapportioned Senate • the House by a commission. was to continue only until a 1968 consti • The Alabama flouse and the Senates of tutional convention could make perma New Mexico and Wyoming were reappor nent arrangements for both houses. The tioned by courts, the other houses by the Governor of Alaska, invoking his execu^ Legislature. tive powers, appointed a board to reap In theory at least, the one-man, one- portion the Senate, and the action was vote principle should produce a repre upheld in a subsequent court dispute. sentational ratio in which a majority of Apportionment of both houses, howevep, the legislators in each house are certain will be reconsidered before . the 1970 to be elected by a majority of the people. census. In 4 practice, reapjDortionment did not During thp biennium, constitutional quite reach that goal. In only two States. amendments on apportionment were ap —Arizona and Michigan—has the theo proved by voters in Colorado, Georgia, retical majority ratio been achieved for Maine, Montana, New Jersey, Tennessee both houses.. Representational majorities and Wyoming, and a proposal was re otherwise exist in the Colorado House jected in Nebraska. Parts of the Georgia and the Senates of Alaska, Delaware,. plan subsequently were invalidated by a Florida, Maine, Missouri and New U.S. District Gourt. An apportionment Hampshire. It was nearly achieved in plan based upjdn registered voters rather nine States in which an even 50 per cent than population was invalidated by the of the legislators represent a majority of Supreme Judicial Court of Massachusetts. the people: the Florida House and the It was expected that apportionment also Senates of Colorado, Hawaii, Illinois, would be on the agenda of a Pennsylvania Massachusetts, Nevada, Ohio> Pennsyl constitutional convention to be held in vania and Rhode Island. In all. other 1968. cases, a majority of legislators represent Since Baker v. Can, apportionnient less than half the popiilafion, ranging activities have been attended by litigation down to 43 per cent for the Houses of in forty-nine States; only Maine iias Georgia and Maine, "46 "per cent for the avoided a court dispute. New Mexico Senate. With reapportionment completed, if Although mathematical perfection was only temporarily in a few caseS; state ac accomplished in so few cases, the contriist tions may be recapitulated as follows: __, With pre-apportionment days is startling. • Durihg 1966 and 1967, fifteen States re In 1962, representation ranged from a apportioned both House and Senate: high of 48 per cent in one Hou^e and two ^ Arizona, Colorado, Florida, Idaho, Loui Senates t.o. lows of 12 per cent"iiii'"three siana, Minnesota, Mississippi, Missouri, Houses and 8 per cent in one Senate. . New Jersey, New York, North Carolina, As Legislatures and other apportioning, Ohio, Pennsylvania, Rhode IsTarfd and agencies sought to unravel the* knotty Tennessee; Alaska, Maine, New Mexico; problems of equal representation, they and South Carolina apportioned their tui-ned to experimental devices when Senates, and Kansas its House. division of population proved overly dif • Since 1962, Legislatures have reappor ficult- or .unwieldy. Among the most tioned tliemselves in thirty-three States. widely—U'sert. were multimember and • Both houses were apportioned by a floterial districts, the latter b^ing groups court in eight States: Arizona, Florida, of single-member districts which are com Michigan, Mississippi, Montana, Okla bined for the purpose of electing one or homa, Pennsylvania and Wisconsin. more additional legislators. The States • Apportionment of both House and also use. two kinds of multimember dis Senate was accomplished by a board or tricts; those in which members are elected commission in four: Arkansas, Illinois, "at large," andthpse in which each candi Missouri and Ohiis. date in'a" district runs for and is elected • The Alaska House was revised by a torn specific, numbered seat. LEGISTlATlJRES AND LEGISLATION 41 House and Senate districts are single- •"Although population is now the basis member in sixteen States: California,' ot apportionment plans in nearly all Colorado, Connecticut, Delaware, Kan States, several Legislatures have experi sas, Kentucky, Michigan, Missouri, New mented with other devices. Hawaii tus Mexico, New York, Ohio, Oklahoma, sled for some tijne with the problem of a Pennsylvania, Rhode Island, Utah and-: population distributed among eight, Wisconsin. Multirnember districts are widely-separated islands. A plan,.,based used exclusively in the West Virginia upon registered voter distribution was Senate and .the Houses of Arizona, Illinois finally approved by the court on the and North Dakota. Combinations of the theory that it conformed generally to -two-(in some instances with floterial dis population patterns. At one point, the. tricts), are used in twenty-two States for Nebraska Senate devised a system of dis the Senate and thirty for the House. tricts weighted by both population aiui The numberof multimember districts area, but it did not survive judicial chal follo\vS no discernible paltern.For Senate lenge. Several States also have considered use, they range; in number from sixteen weighted votes; that is, assigning varying districts in West Virginia, which uses values to the votes of the various members rhem exclusively, to two each in Alaska of a legislative body, according to the size and Nevada. We^t Virginia excepted, the of the constituency. In the years immejjii- Senates of Maryland (fourteen of sixteen ately following the U.S. Supreme Court districts) and Hawaii (seven of eight dis reapportionment decisions, this approach tricts) make the greatest proportionate" "w'as suggested for expediency by courts in use of multimemberdistricts, and South Maryland and Washington (where it Was Dakota (three of tweniy-i'iiue) the least. later withdrawn), and" weighted voting Multimember. House districts vary plans were ruled invalid by courts in from 193 in New Hampshire (which has a Mississippi, Oklahoma, New Mexico, House membership of 400) to eight in New Jersey and New A'ork. New Mexico .Arizona. Proportionate House use is.high votei*s rejected a constitutional amend- in Florida (twenty-one of t:(Venty-four dis ,nient which would have permitted tricts) and low ill Tennessee (eleven of weighted voting in one hous'e.^ ^ninety-three districts). ; . The number of seats per multiple dis ' • SIZES AND TERMS trict is equally varied. Arizona" has as Apportionment also bre^ught signifi many as fifteen seats in a Senate district cant changes in tlie sizes of Legislatures. and thirty in a Houses-district. The By November 1, 1967,' there were 7,6'I5 Senate low is in North Carolina, with legislative seats in the fifty States, 219 less three seats; the House low, in Idaho and tha:n in the previous biennium. Total Minnesota, \vith two seats each for House Senate seats increased by fifty-six, while districts. \ House seats were dow'ft by ?f net of 275. Since the adoption of initial tipportion- Ten States made seating changes in ment plans, six States hiive revised disti-ict both houses: patt^ ns, California and New^ Mexico state Senate House. have eliminated all multimember Senate Arizona + 2f —20 districts, and Pennsylvania all multimem Florida ber House districts, to establish both Idaho '_ 0 ±1 Montana — 1 -f-lO houses .on. similar patterns. Tennessee Nevada ; + ^ + 3. charigeidjts Senate to single-member dis New Jersey • 4-20, New Mexico 4-19 tricts, but the House remains a combina 4-10 - 7. tion. In 1966, Colorado voters approved New YoTk • -^1 Ohio _ r -38 and the. Legislature subsequently imple Utah mented a constitutional amendment re +/' • -10 quiring that all districts be single--mern- .^Fbr extensive recent ihformatiori i\ 42 THE BOOK OF THE STATES Senate changes were made in five other period of two years immediately after States:" Iowa, up two; Maryland, up four decennial reapportionment, then two teen; Maine, down two; Rhode Island consecutive periods of four years each. In i-andSouth-Carolinarup four each. Other Tennessee where the Senate terms had Housje changes were all on the minus side: been two years. Senators will serve stag Coiinecticut, down 117; North Dakota, gered terms of four years. Four-year terms down eleven; Pennsylvania, down six; are proposed in a constitutional amend Vermont, down ninety-six. No change was ment which will be submitted to Georgia reported in the remaining thirty-one voters in 1968. At a 196i5 referendum, States; . Kentucky voters rejected an amendment Delaware has the smallest Legislature, to establish four-year House terms and" with eighteen Senate seats and thirty- six-year terms in the Senate. five Ho\ise seats. Alaska and (Nevada are There now are four-year terms in the next, each with, twenty Senate seats and Senates of thirty-eight States. All are stag forty House seats. Minnesota, with sixty- gered except those of Alabama, Kansas, seven seats, and. Io^ya, with sixty-one, Louisiana, Maryland, Michigan, Minne have the largesrSghates. New Hampshire sota, Mississippi, New Jersey and Vir continues to have the largest House, with ginia. House members serve two-year 400, followed byjVIassachusetts with 240, terms in all States except four—Alabama, Georgia with 205, and Pennsylvania with Louisiana, Maryland and Mississippi— 203. which have four-year, non-staggered A majority of States, twenty-six, haxe terms, Senates of less than forty members; twenty are, in the thirty-to-thirty-nine : • 'SESSIONS member category. Only seven States have" ', Annual sessions continued to gain sup Senates of more than fifty members. In port. At the beginning of the biennium, the lower houses, a majority of States, eleven States held annual sessions without also twenty-six, have one hundred or limitation on subject matter: Alaska, Ari fewer members. The largest category is zona, Georgia, Maryland, Massachusetts, the 76-100 range, in fourteen States. The Michigan, New Jersey, New York, Rhode following table indicates the distribution Island, South Carolina and South of chamber sizes: ' Dakota. By the end of 1967, four more States had joined the group: California, SENATE HOUSE Kansas and Pennsylvania, the Legisla Sise States r — - ^ Size . States tures of which had been meeting annually 10-19 1 25-50 ' 4 biit were limited to budget and fiscal mat 20-29 5 51-75 8 30-39 20 76-100 14 ters in alternate years, and Oklahoma, .40-49 12 . 101-125 9 previously with biennial sessions. Six '^- 50-59 10 126-150 6 other Legislatures meet annually but are 60-69 2 151-175 2 limited as to subject matter during the 176-200. 2 .•••• .••..,»^..„,- Over 200 4 alternate-year sessions: in Colorado, Dela ware, Hawaii, Louisiana, New Mexico House-to-Senate membership ratios did and West Virginia. not change appreciably during the bien- Proposals for annual sessions were re nium. A majority of States, twenty,-seven, jected by voters in Kent\icky, North have ratios of 2.5 tb 1 or less. Oiily seven Dakota and Utah during t'he biennium. exceed 4 to I. New Hampshire's ratio is West Virginia voters also ifejected a con the largest, with a distribution of neai/ly stitutional amendment which would have 17 to 1, and New Mexico's, the smallest, repealed restrictions on the alternate year 1.6 to 1. session. A constitutional amendment for Only two States, changed legislative annual sessions was approved by New terms during the biennium, both by con Hampshire's voters, but the State Su stitutional amendrhent. New Jersey de preme Court voided it on the grounds vised a unique decade-pattern under that the referendum question was worded which Senate terms will run for a single vaguely. .#' LEGISLATURES AND LEGISLATION 43 With the burgeoning of legislative unfinished legislation from one session to business in recent years, legislators con- another without change in status. In tinned to have difficulty in completing States which do not follow the practice, sessions within constitutional limitations all pending bills die on sine die adjourn- on length and frequency. This is reflected ment. Bill carry-over is permitted by spe- in pressures for annual sessions, changes cific constitutional provisions in Georgia, in time limitations and avoidance of 5//?e Kansas, Michigan and Pennsylvania, and rfie adjournment. , bylegislative rules in Alaska and South In 1968, voters will consider annual ses- Carolina. When Oklahohia changed to sioris in Idaho, Iowa and Wisconsin, and annual sessions the practice was approved in Montana a change in session limits by the Attorney General, but its validity from sixty to eighty days. The Nevada has been questioned. Legislature has started the process for a A process somewhat similar to the con- • referendurn on annual sessions in 1969 or tihuous session is used in a few other 1970. Majority and minority leaderships States. Rhode Islarid's Legislature, which in Connecticut have announced approval meets annually, recesses its sessions in- of annual sessions, and they are favored stead of adjourning sine die. Bills on the by legislators in a number of otherStates. calendars and in committee can be con- Indiana's Legislature has proposed that sidered further if the General Assetntbly session frequency and limitations be set reconf^nes; however, the recess ends autp- by law; if it approves a.second time, in matically with the start of a new annual,- 1969, the proposal will be submitted to session and all unfinished business temii- the voters, in 1970. nates. In Delaware, unfinished business Legislatures in five States which meet from a general session is carried over and biennially achieve the effect of annual considered concurrently, with new busi- sessions by parliamentary means. Under a ness during the limited even-year sessions, constitutional amendment approved in Bill status also is preserved in Illinois, 1966, Tennessee divides the ninety days Ohio, Tennessee, Vermont and Wiscon- allotted to its Legis|atiLire between the sin" through the split session arid recessed two years, in split sessions. In the other session techniques. An additioiial 'and four States, the Legislatures go into recess substantial benefit of the continiious ses- instead of ad]ourning sine die. Ohio's sion is that it permits standing commit- 1967 session recessed to January 15, 1968. tees toJunction during interim periods.^ Illinois legislators reconvened twice after Further means related to sessions are the first major session of 1967, then re- being used to improve legislative effec- cessed to March 4, 1968. The Vermont. tiveness. Five Legislatures.may now hold 1967 session recessed to January 8, 1968. organizational meetings between election Wisconsin has followed the same practice and convening dates: in Alabama, Flor- for a number of years; its Legislature met ida. Georgia, Oregon and Tennessee. A three times in.1967, then recessed subject similar proposal will go-to referendum in to call of the chair. North Dakota in 1969. Time limits on Two biennial-session States also hold legislative meetings have been repealed in off-year budget sessions: in Missouri the Nevada and Oregon, and increased from Governor submitted an annual budget to seventy-five to ninety days in Tennessee, the 1967 sessi(5n, in view of his practice of California, Connecticut and Louisiana calling a special session each everi-num- sessions may now reconvene after ad hered year. In Texas.the 1967 Legislature journment to consider executive vetoes, adopted a one-:year budget, forcing a Legislatures in 1966-67 did.not meet special budget session for 1968. as frequently as during 1964-65, When Increasingly, also. Legislatures are us- reapportioriment was so pressing a prob ing the so-called "continuous session" as lem, but the total number of regular and a working tool to eliminate duplication special sessions continued well ahead of and unnecessary routine in the processing earlier years. The lessening of apportiph- of bills. The term is used tp described the ment pressures was reflected principally practice of continuing or carrying over in a reduced number of speciail sessions- 44 THE BOOK OF THE STATES during the biennium. The following dai allowance.for legislators who live more than forty miles from Boston. table lists regular and special sessions of Michigan: a $2,500 increase per year. : the past decade: • ', Mississippi; $2,000 more for the biennium, with Regular Special Total per diem or $12.50 for a maximum of sixty days. Period .• Missouri: $7,200 more per biennium (two in 1958-59 64 36 100 creases voted). . 1960-61 ' . 69 42 HI Nevada: sixty-day session limit repealed; per 1962-63 71 . .45 113 • diem remains $40. 1964-65 69 65 .134 New York: $5,000 a year rnore," with allowance 1966-67 71 50 121 in lieu of expenses increased from $2,000 to 53,000. During 1966-67, the Legislatures of Oklahoma; the new scale is set at S15 a day for Pennsylvania and Tennessee were added seventy-five legislative days; then $100 per month to those which may call specia,!,sessions;- for the remainder of the year, with $25 per dieniu--'' the total is now fifteen. The Tennessee for, Legislative Council members and interim committees, and an additional $100 a month for and West Virginia Legislatures also re district office and travel expenses; The latter ceived authority to determine the subjects allowance was set at 550 in 1966, moved to $75 to';be considered at special sessions; in 1967 and will reach $100 in 1968. : Oregon: the 120 day limit on per diem pay twenty-eight Legislatures maN'mow do so. ments ivas repealed. In thirty-five States there is no direct limi South Carolina: $5,000 more a biennium. tation on length ofespecial sessions. Tennessee: up from $750 ($10 per day for 75 days) to $3,600 for the biennium, with $25 a.day COMPENSATION more in expenses to a limit of ninety legislative days. The trend toward mbdernization is Texas; interim ofiite expenses of $200 a month ; marked in legislative pay and expense al . for Hou.se membei-s and $1,000 a month for lowances. These were increased by half • Senators. the States in the biiennium. Several of the Vermont: in 1967 salaries .changed from $80 a week to $3,000 the biennium. Effective January 1, increases were substantial, reflecting the ]969, compensation will be $1.50 per week, $5 per continuing expansion of legislative busi- diem for meals, up to $40 per week for housing. ness,_ growing demands upon legislator Virgini:\: $1,200 more for the biennium, with time, and the.tr^nd in many. States to .expense allowances raised by $400. • V Washington: $4,800 more each two years. Ses "full-time" Legislatures. In 1966-67, the sion expenses were dropped by $15 a day; an following States revised legislative corn- interim allowance of $50 per month was added. pensation: ^' / Wisconsin: $7,200 more a biennium (in two in creases), session expenses dropped to $15 per diem, but are up for the interim to $10 a month. Alabama: an additional $300 monthly expense , .Additional variations are in effect for legislators allowance. • . from certain distant areas of the State. r Alaska: a pay increase of $3,500 a year. ".Wyoming: a two-step increase—$3 per. day California: a $10,000 per year pay raise, with an additional session expenses and per diem salary additional $2 per day tor expenses; "and $25 per increase of $15, then another $3 per day for ex- . day for interim activity, limited to sixty days. pcnses in 1969. Colorado: a $3,200 biennial increase, biit in-." terim allowances were cut by slightly more than half. Referendiim proposals for legi.slative Delaware: a $3,000 biennial addition, with $200 pay increases were clefeated in Kentucky," , a month and $30 a day expenses. ^ Florida: a $300 monthly expense allowance. Maryland, Nebraska, North Dakota, Georgia: an increase frora"$10 a day, $850 for Utah and West Virginia during the bien the biennium ($10 per day for two legislative nium. Two bills to provide pay raises also pieriods of forty-five days and forty days respec were vetoed in 1967: in Indiana ;UK1 tively) to $4,200 a year, with $25 per month in terim expenses; but expense allowances during South Dakota. session dropped by $15 a day. Legislative leaders Legislators are paid in one of two ways; receive an additional $2,400. an annual or biennial salary, or on a daily Idaho: an interim expense allowance of $3.50" ^or weekly basis for tirne spent in session. ;a.day., . , V' •• ,•.'•.' Iowa: $40 pier diem for interim committee ac- Of twenty-nine biennial session States, .tiyity,--\ sixteen pay salarie.s, teh pay daily, one Kansas: per diem expense allowance increased . pays by the week, and two pay. both salary by $10 and monthly interim expense allowance, arfa> per diem. Changes in the biennium - by $50; even-year session extended from thirty to^ sixty days for pay purposes. .occurred in Georgia and Tennessee, Massachusetts: $2,500 a year extra, with,a spe- which switched from daily pay to salaries. LEGISLATURES AND LEGISLATION 45 Thirteen salai7-base States with biennial With some notable exceptipnsj legis sessions pay $5,000 or less, two between lative compensation paid, by a State tends $6,000 and 110,000, and three more than to rank with its population. Of seventeen $10,000. Daily pay varies Widely: bhe States witH the highest compensation, State pays $5, two $10, one $12, one $15,/ twelve are among the most populous. Of' three $20, one $25 and two $40. twenty-one States which pay the least, Legislative salaries in nine annual ses tiwelve are among the least pspulous. Of sion States are less than $5,000 a year, four the renliaining twelve States with mid- are between $5,000 and $10,000, and three range pay, eleven are nnrid-range in popu are over $1M),000. Annual session States lation; The downward trend from high with daily pay plans provide, respectively, popiilation and high pay to low popula $5, $10, $20 and $50 each. One of these tion an'd low pay is evident from t^e ioU. States ptiys on both bases—$15 per day Jowing table, which shows the number of and $3,200 per year. States in each pay-po]^ulation grouping: The lowest paid legislators are in New Piennial Rank of State by population legislative Hampshire, S200 for the biennium, the cdmpensatiqn 1-15 16-35 36-50 highest in California with salaries of Over 510,000 12 3 2 $16,000 a year. , ^ ^ ^ ' S5,0bO-i51O,000' 11 1 Blouse of constitutional- jrigidities, •Under $5,000 6 12 legislators over the years have resortecl to To a large extent, legislators are paid cxpej^e allowances for additional com according to the frequency of. regular ses pensation in view of the investment of sions. When compensation is computed time and personal funds required by pub on a per-session basis, pay ranges in an lic office. Expense allowances are paid, nual session and biennial session. States during legislative sessions by all States are nearly parallel, as indicated below: but nine: Arkansas, Colorado, Iowa, Annual . Biennial Louisiana, New • Jersey, New Mexico, Pay per session session sesstpn. States States Ohio, Rhode Island and South Dakota. $10,000 or more 5 8- Interim allowances are paid to all legis- $5,000-$10.000 4 5 lators in-twelve States, and for interim $2,000^55,000 - 8 t 13 committee busihesr in twenty-two. Sev Under $2,000 4 • 3 eral States also provide variable allow Salaries continue to gain in popularity ances for legislators who live long dis at the expense of unit-pay plan,*? as the tances from the capitol: Arizona, Hawaii, basis of legislative compensation. In 1943, Maine, Minnesota and Wisconsin as in more than half of the States paid their past years, with Colorado, Massachusetts, legislators by the day, week or month. In Michigan and Vermont added during the 1947, the number had dropped to twenty- bierlnium. . two, in 1957 it was down to nineteen, and: WhiieVnot d form of direct compensa by the end of 1967 oniy fourteen. Income tion, retirement plans have assumed sub-^ comparison shows that-.pa^ under the stantial importance as a legislative per salary plans runs distinctly litgher than quisite., Legislators in thirty-six States undergshe others. Biennial compensation have some rorm of retirement system, is at $10,000 or above in about half of the Georgia havir^ been added'in 1967. 0f salary States but in only one per diem these, twenty-Sght aire optional. Colo State. Ten of the fourteen per diem States rado Icgi^ators^recently placed them have legislative pay below the $5,000 selves under the Public Employee Retire level, but only nine of the thirty-three ment Act, and in \^alifornia an escalator salttry States. The following table shows clause was added tq-the retirement pro the\number of States in each income gram to reflect chan|es in the cost of liv grou^Ding: \^ ing- ^ • • \ ' • • " • Income ^ Salary Unit-pay • Although There is\ great", diversity level .• ' t- • States States among the^^tates in leg^lative pay, cer jSlO.OOO or more 16 1 tain trends, patterns and common charac |5.000-$tO.OOO .7 3 teristics are evident. $2,000-$K()00 18. B 7 ^ Under $2.t)00 2 <3 T N ^=^ 46? THE BOOK OE THE STATES Arkansas, Oklahoma and Oregon, which pay a salary-per diem combination, EQUIPMENT AND FAciLmES •^ are not included in that computation. Construction and improvement of physical focilities for State Legislatures COMNf ITTEES also quickened during the biennium. The dowifward trend in the number of Among the examples, the Governor of standing committees continued in 1966- Alaska acquired additional land for a 67, and in several States the committee new state capitol. In Hawaii a new cap- system undervvent major revision. itol, replacing the lolani Palace, was Sixteen States, dropped a total of scheduled ta open early in 1968 for both , Seventy4w6. House committees, and four legislative and executive quarters. In teen cornmittees were added by six other Iowa administrative offices.were moved States, iot a net biennitfl rMuction of to provide six new committee rooms, of- ^ fifty-eight House committees. Among the fice space for five leaders, and House and State Senates, eighteen States eliminated Senate lounges. ninety-nine committees and seven others Plans for two four-story office buildings added twelve, for a net reduction of in Michigan for legislative operatiohs eighty-seven. Florida accounted for the were approved^ but construction was not largest two-chamber decrease: House to begin until space could be found. Ap committees are down seventeen and Sen proval was giveji in NIW Jersey for addi ate committees down nineteen. Michigan tion of legislative facilities to a capitol dropped ten standing committees in the complex now in various stages of plan House, Missouri twelve, and Washington ning, construction and use. New Mexico . cut House committees by one-third. dedicated a new . legislative-executive In two States, committee revisions are building. part of unprecedented programs of legis The New York Legislature approved a lative reform. In Maryland, standing Sen $^12 nntillion legislative office building. ate committees were reduced from sixteen South Dakota's State Building xAuthority to six, only three of which are substan was authorized to acquire land and super tive; sharp reduction of House commit vise construction of a hew legislative tees was expected in 1968. In the Okla facility. A Texas building program is to homa Senate, consolidation reduced the be completed in 1969 providing private number of standing committees from or semi-private offices for all legislators, thirty-six to twelve, of which nine have legislative leaders and committee chair major responsibilities. - men. Senators have had private offices for Although study groups continue to some years, but House members have had recommend greater use of joint commit to share office spaces. tees, for tlie most part Legislatures,still Other States ailso have taken or are con avoided them. The most significant sidering expansion and renovation pro changes of the^biennium in this regard posals. were in California, which added nine New Mexico and .;New York added joint committees for a total of thirteen, electrical voting equipment during the and in Pennsylvania, which established biennium. The New York Senate system thirteen to facilitate operations under its was arranged to permit continuous *'aye" hew |)lan qf unrestricted annual sessions. voting, so that legislators may conduct Connecticut,^]^faine and Massachusetts other business without interruption when" continue as the only States with aliiiost minor bills are being considered. exclusive use of joint committees. • Automated technology is the newest In addition to a decreases in the number development in legislative processing, of standing committees, the Washington fcomputer systems have been adapted for Legislature decreased the membership of legislative histories, statutory retrieval, each committee, and limited the number budget status, bill drafting and journal of committees on which a member may indexing; onie or more of these services serve and the number a member may are now in use, in thirty-one States. The , chair. most sophisticated system to date^has V LEGISLATURES AND LEGISLATION Al been developed in Pennsylvania, which information and. advisory service. The opened a Legislative Data Processing American Assembly of Columbia Uni Center in July, S967. Featuring remote versity is u.ndertalfjjrig a series of regional quick-retrieval facilities, it offers instant assemblies to explore legislative prob access to a variety of information, from lems. The American Political Science As bill history to legislative biographies. sociation has initiated a five-year series of orientation seminars for new legislators A BROAD MOVEMENT FOR MODERNIZATION in twenty-five States. The Advisory Com- TThe movement^for legislaitive moderni- mittee on Intergovernmental Relations zation has been broad- and growing. sponsors periodic conferences for legis- By early 1966, legislative improvement lative leaders. In addition to its long- studies were underway in thirty-two standing National^Conference on Goy- States—twenty-thriee by legislative groups, ernment, the National Municipal League four by citizens committees, four by com:^ . now publishes a monthly newsletter on missions composed of both legislators\ legislative activities. The University of and laymen, and one by a legislative com- California, in conjunction with the Cali- "p:^issipn assisted by a separate citizen fornia Assembly, is conducting periodic group. c»-^eminars on legislative problems and im- In 1967, Arkansas, Idaho, Oregon and jwpvement. , West Virginia establisRed study commis- While it is too early to evaluate the ef- sions by statute. The Legislative Councils fecliveness of so much work, it is apparent of Connecticut and Iowa appointed select that legislators are taking modernization committees to work on legislative re- seriously. "Illinois, for example, has organization. In Hawaii, a Senate Interim adopted fifty-eigllt-recommendations of Comniittee on Legislative Improvement its Commission on, the"-Qrganization of established a citizens'advisory committee the General Assembly; action on another to work with it. Lay groups without legis twenty-nine has been deferred pending lative sponsorship became active in Ken consideration of constitutioirar revision. tucky and Minnesota. Illinois, Maryland An t)klahoma study led to extensive and Montana authorized continuation of streamlining of House procedures and studies started in 1964-65. During 1967, establishment of work flow controls^ fifty-one reports were made by study These are but two instances of substantial .\ • groups of twenty-five States, the Council progress reported hy States. Elsewhere, of State Governments, and other intei^ 1966 and 1967 produced committee re ested organizations. In many cases, the ductions and consolidation, stringent work was done with the help of state idii- hew deadlines on introduction and move yersities and other professional consul- ment of bills, new requirements for rec jtants. " \ ^ ord keeping, limitations on committee In addition, to self-help programs, the chairmanships, memberships. meetmgs Legislatures have the benefit of'the work and hearings^ " of new organizations devoted exclusively With such a background and such mo- to legislative improvement, as well as new mentum, it appeared that the biennia be- attention from older ones. The Citizens ginning with 1968-69 could prove to be Conference on State Legislatures, estab- among the most eventful in American lished in 1965, provides much .Research, legislative history. (g> "• 4& THE BOOK OF THE STA TES OFFIGIAL NAMES OF STATES, LEGISLATIVE BODIES AND GAPITOL BUILDINGS Capitol • • State or other jurisdiction < . Both bodies Senate House building Alabama, State of ...Legislature Senate House of Representatives State Capitol Alaska, State of : Legislature Senate House of Representatives State Capitol Arizona, State of '. Legislature Senate House of Representatives State Capitol Arkansas, State of General .Assembly Senate House of Representatives State Capitol California, State of Legislature ; Senate ' Assembly State Capitol Colorado, State of General Assembly Senate House of Representatives State Capitol Connecticut, State of...... General Assembly Senate House of Representatives State Capitol Delaware, State of General Assembly Senate House of Representatives Legislative Hall Florida, State of. Legislature Senate "House of Rejiresentatiyes State Capitol Geort^ia, State of General Assembly Senate House of RepresentJiiives State Capitol Hawaii, State of.. .'. Legislature t Senate ', House of Representatives lolani Palace~ Idaho, State of Legislature Senate House of Representatives State Capitol Illinois, State of General Assembly Senate House of Representatives State House Indiana, State of .. General Assembly Senate House of Representatives . (a) Iowa, State of. .... General Assembly Senate House of Representatives State Capitol Kahsas, State of. Legislature Senate House of Representatives State House(b(> Kentucky, Commonwealth of.. General Assembly Senate House of Repjrpsenta lives State Capitol Louisiana, State of Legislature Senate , House of Repr^entatives. Stiite Capitol Maine, State of'. Legislature Senate I', House of Representatives State House Maryland, State of General .Assembly Senate 'l House of Delegate^ . State House Massachusetts, Common • /• wealth of. General Court Senate /' House of Representatives State House Michigan, State of Legislature Senate House of Representatives State Capitol Minnesota, State of Legislature < Senate House of Representatives State Capitol Mississippi, State of Legislature Senate House of Representatives -State Capitol Missouri, State of General Assembly Senate House of Representatives State Capitol Montana, State of Legislative Assembly Senate House of Representatives State Capitol Nebraska, State of Legislature Unicameral State Capitol Nevada, State of . SLegislature Senate Assembly State Capitol New. Hampshire, State of General Court Senate House of Representatives State House New Jersey, State of Legislature ^T- Senate General Assembly State House New Mexico, State of Legislature Senate House of Representatives State Capitol New York, State of Legislature Senate Assembly State Capitol North Carolina, State of General Assembly Senate House of Representatives State Capltol(c) North Dakota, State of Legislative Assembly Senate House of Representatives State Capitol Ohio, State of General Assembly Senate . House of Representatives State House(b) Oklahoma, State of Legislature Senate House of Representatives State Capitol Oregon, State of... ^ Legislative Assembly Senate House of Representatives State Capitol Pennsylvania, Common- . « wealth of.. ..^...... General Assembly' Senate House of Representatives Capitol Building Rhode Island and Providence Plantations, State,of ... General Assembly Senate . House of Representatives State House South Carolina, State of General Assembly Senate • House of Representatives.^ State House South Dakota, Stat« of Legislature Senate House of Representatives State Capitol Tennessee, State of General Assembly Senate . House of Representatives State Capitol Texas, State of. •. Legislature Senate . House of Representatives State Capitol(b) Utah, State of Legislature Senate House of Representatives State Capitol Vermont, State of General Assembly Senate House of Representatives State House Virginia, Commonwealth of . General Assembly . Senate House of Delegates State Capitol • Washington, State of .'.... Legislature Senate House of Representatives Legislative Building. West Virginia, State of Legislature Senate House of Delegates State Capitol Wisconsin, State of ;.. I.*gi8lature Senate Assembly State Capitol Wyoming, State of ...... Legislature • Senate House of Representatives State Capitol •( Guam...... ~ ...J Legislature Unicameral . Congress • • ^- Building- * Puerto Rico, Commonwealth of Legislative Assembly Senate- House of Representatives Capitol Virgin Islands, Territory of..... I.*gislature Unicameral Government House (a) No oHlcia] name.' Both "State House" and "State Capitol" used. (b) Unofficial. (c) Since 1963. Legislature has met in its own building, "Legislative Building." •^^ -) f LEGISLA TUHES AND LEGISLA TION 49 THE LEGISLATORS Numbers, Terms and Party Affiliations \ As of August 1, 1967. ;" Senate House. » Hcfise - , Va- Va- and Stole or Demo- Ftepub- can- • Demo- Repub- can- Senate other jurisdiction crats licdns cies Total Term '' crats licans • cies Total Term Totals Alabama...°. .1. 34 1 35 4 105 1 106 4 141 Alaska 6 14 20 4 15 25 40 .2 60 Arizona 14 16 30 2 28 32 60 2 90 Arkansas. 35 35 4 97 3 100 2 135 8^^ California... 20 19 1'^ 40 ,.4 42 38 65 4 120 Colorado.. . IS- -20 35 4 27 38 177 2 100 Connecticut. 25 11 36 2 117 60 35 2 213 Delaware.... 9 9 18 4 12 23 2 53 *> Florida. 28 20 48 4(a) 80 39 119 2(a) 167 Georgia. 45, 8 54(b) 2 184 21 205 2 259 Hawaii.. IS io 25 -4' 38 12 1 51 2 76 Idaho,.. 13 : •22 35 2 32 '38 .70 2 105 lUInoIs.. 19 -37 58 4 77 98 2 177 2 233 Indiana. 28 .20 SO 4 34 65 1 100 2 150 Iowa.... 32 29 61 4 35 88 I 124 2 185 Kansas.. 12 27 40 .4 43 81 1 12s 2 165 Kentucky. 2i5 12 38 4 63 36 100 2 138 Louisiana. 39 39 4 98 4 \ 105 4 144 Maine..... 10 23 34(c) •2 54. 95 151 2 185,, Maryland. 35 • 8. 43 4/ 117 25 142 4 185-" Massachusetts 26 14 40 2 166 69 4 . 240(b) 2 280 Michigan...^ 18 20 .. 38 4 54* 56 0 110 2 148 Minnesota Nonpartisan electidn- 67 4 Nonpartisan election 135 ^ 2 : 202 Mississippi SI 1 52 4 120 2 .. 122 ' 4 174 Missouri. 23 11 / .. 34 4 107 56 163 2 •197 Montana 30 25 55 4 40 64 .. 104 2 159 Nebraska Nonpartisan election 49 4 Unicameral Legislature 49 Nevada.... / 11 .9 20 4 21 19 40 60 New Ha'! 13 10 24 2 155 241 4 400 424 New Jers"! 17 7 29 2 39 17 4 60 89 NewMexi 25 17 42 4 45 25 70 102 New York 26 31 57 2 : 80 70 6 150 157 North CarolL—^ . 7 SO 2 94 26-^ 120 170 North DakotM^^' 44 49 4 IS 80 98 • 147 •n '3 Ohio 10 23 33 4 37 62 99 132 Oklahoma. 39 9 48 4' 74 25 99 147 Orefton 19 11 30 4 . 22 . 38 60 90 Pennsylvania. 20 26 SO 4 99 104 203 253 Rhode Island. 35 15*- 50 2 66 . 33 • 1 ICO 150 South Carolina.: . 44 6 50(<1) 4. 107 17 124 174 South Dakota 29 • 35 2 11 64 75' 110 Tennessee 8 33 4(e) 58 41 ., ' 99 1.32 Texas 1 31 147 '3 .\ 150 181 Utah.,...... ;.^. 23 28 i 10 59 .. 69 97 Vermont 8 22 30 2 55 93 lS0{b) 180 Vlrftinla 36 4 40 4 88 11 100(b) 140 Washington 29 20. .. 49 4 44 55 99 148 West Virginia 25 9 .. 34 4 65 35 100 134 Wisconsin.... 12 21 33 4 46 53 I 100- 1.33 Wyoming.;. 12 18 , .. 30 4(f) 27 34 61 91 Puerto Rico. .. 53 (R) 9(h) .| .. 32 4 47(R) 16(h) 1 64 96(i) Virgin Islands 15 • • . ".. 15 2 Unicameral legislature 15 (a) TermV of legislators! elected at the March 28,1967, special (e) In 1968, Senators elected in even-numbered districts shall election will expire with the 1968 gene^l election. be elected for 4 years and those elected in odd-numbered dis (b) The following members in current Legislatures are not tricts shall be elected for 2 years. • Democrats or Republicans: Georgia Senate, 1; Massachusetts (f) Fifteen Senators have 4 year terms and 15 have 2 year G*' • House, 1; Vermont House. 2;.Virginia House, 1. terms, determined by draiwing. • ^ (c) By State Supreme Court order. Senate total membership • (g) Popular Democratic Party. of 32 will be elected at genera! election in November 1968. (h) Statehood Republican Party. (d) By State Supreme Court order, Senate total membership (i) Constitution provides for selection of additional members \)o{ 46 will be elected on November S, 1968. from minority parties after each general election, based on the number of votes received by each minority party. '. • / • , . LEGISLATIVE SESSIONS ••• , ' • . - Limitations Special sessions ••••.. ^ Years in on length •which Sessionstconvene of sessions • Legislature may State or sessions 1 .• •* r 1 Legislature ^^ determine sub- other jurisdiction are held Month Day Regular Special may call . Jecl Alabama . Odd • May 1st Tues.{a) 36 L 36 L ' - ••No • . 2/3 vote those present Alaska Annual • Jan. . 4th Mon. None 30 C 73 of membership if Yea(b) Annual • Jan. 2nd Mon. 63 C(c) 20 C(c) Petition 2/3 members . , • Yes(d) Odd • Jan. 2nd Mon. . 60 C(e) 15 C(f) No . (f) Annual •: Jan. Mon.. after Jan. 1 Norie(g) None No • No Annual(h)- Jan. Wed. after 1st Tue3. 160 C(c) None No.^-'- ' '•• ' No Odd Jan. Wed. after 1st Mon. 150 C(i) None Yes - Yea Delaware...... -. Annual(h) Jan. Odd-lst Tues. 90 L 30(c) , ~- . No • Yea Feb. Even-lst Tuea. • 30 L. -r' « . . Florida :,. Odd — Apr. Tues. after lat Mon, 60 00) 20 C(k) • (k) • Ye«(k) Annual Jan. Odd-2nd Mon. 45 C(l) (m) Petition 3/5 members(m) Ye3(d) Jan. ' Even-2nd Mon. 40 C Hawaii...... , . Annual(h) Feb. Odd-3rd Wed. 60 L(n) 30 L(n) V ' .f(o) .... (o) Feb. Even-3rd Wed. 30 L(n) ° Idaho...: Odd Jan. Mon. after Jan. 1 60C(c).^ 20 C ' No No Illinois Odd Jan. Wed. after 1st Mon. None(p) . None • No No Indiana i...... c Odd Jan. Thurs. after lat Mon. 61 C 40 C ^ • . No ' " • . Yea • . • • Odd Jan. 2nd Mon. None None . ;• • No - •.Y^3(q) ./ > Annual Jan. • 2nd Tuea. 60 C(r) 30 C(c) - No V'ea -', . "Even Jan. Tuea. after lat Mon. 60 L None , . • -No* • • r No Annual(h) May Even-2nd Mon. 60 C 30 C Petition 2/3 elected members. . . ^ Nb(3> May Odd-2nd Mon: . 30 C •acJi house -. t .Odd . Jan. . lat Wed. - . None. None No / Yea Annual Jan: 3rd Wed. 70 C 30 C No'. • . • Yea Massachusetts ; Annual'' Jan.- lat Wed. None None Yea . Yes Michigan.: ...i^... ^^Alihual • Jan. 2nd Wed. • None None ,' No No .. Minnesota...... j^.^. .. .^-' Odd J?n- Tuea. after 1st Mon; 120 L None No Yes - Mississippi Even Jan. Tues. after 1st Mon. None • None . No • • • No Missouri..... ,.- .: Odd Jan. Wed. after Jan. 1 . 195 C(i) 60 C . •. No No Montana ... Odd .Jan. • lat Mon. 60 C 60 C No , •. No • Nebraska... Odd •Jan. lat Tues. . . ^jj^ None None Petition 2/3 members No . . Nevada.'. '. Odd Jan. • 3rd Mon. None(t) None(t) • No . No New Hampshire Odd Jan. 1st Wed. . July 1(c) . 15 L(c) Yes Yes • Annual Jan. . 2nd Tuea. ' None > None fu) Yes > 'f r •_ • ; \ • • ^ ; r • New Mexico I Annual{h) Jan.. ddd-3rd Tuea. 60 C 30 C(v) Ves(v) Yes(v) Jan. Even-3rd Tues. 30 0 New York... Annual Jan. Wed. after 1st Mon. None None No No North Carolina ....; Odd Jan. Wed. after 2nd Mon. 120 C(c) 25 C(c) No Yea North Dakota...... ; Odd Jan. Tuea. after Ist Mon. 60 L None No Yes Ohio...... Odd Jan. 1st Mon. None . None No No Oklahoma.. :.. Annual . Jan. . Tues. after 1st Mon. 90 L ' None No • No Oregon Odd Jan. 2nd Mon. None None No Yes Pennsylvania . Annual Jan. 1st Tues. None None Petition of majority of .members ^•• No Rhode Island ..i .^., Annual Jan. let Tuea. 60L(c) None No No South Carolina Annual Jan. 2tid Tues. None 40 L(c) No'.; Yes . South Dakota Annual Jan.. Odd-Tues. after 3rd Mon. 45 L None No .\. • Yea Jan. Even-Tues. after'Ist Mon. 30 L Tennessee.. ; Odd Feb. 4th Tue3.(w) 90L (c.x) 30 L(c) Petition ?tj-niember3 Yes Texas Odd Jan. 2nd Tues. 140 C, .30 C • " No No ^ Utah..|i... Odd Jan. 2nd Mon. 60 C 30 C No No Vermont.,.». .v...... ^..... Odd Jan. Wed. after 1st Mon. None(y) None(y) . No ; " • ," Yes Virginia.... Even Jan. 2nd Wed. 60 C(c,j) . 30 C(c,j) Petition 2/3 members Yes Washington Odd Jan; 2nd Mon; 60 C None No . Yea <'-j West Virginia.; Annual(h) Jan.' Odd-2nd Wed. 60 C(r) None Petition 2/3 members Yes -"' Jan. Even-2nd Wed.- 30 C(z) No' Wisconsin .....;. Odd Jan. 2nd Wed. None None • . No . • ,• • Wyoming.-...... Odd Jan. 2nd Tuea. 40 C None No Yea CI Puerto Rico.... ;.. Annual Jan. " 2nd Mon. 111 C(i.aa) 20 No No Virgin Islands. Annual Jaifi 2nd Mon. 60 .Q 15 Cfab) No No . Abbreviations: L—IcRisIative day^; C—calendar days. ' (p) \\y custom Legi.'ilalure adjourns by July 1, .since bills passed after that day are not effec (a) Convenea quadrennially on second Tuesday in January after election to oruanize; tive until July.l of following year, except for einergenCy bills lessed by a ^ vote. In 1967, (b) Unless Governor calls and limita. <• • instead of adjoTirning sine die, the General Assembly met again September 11-October 18, (c) Indirect restriction since legislators' pay, per diem or daily allowance stops but session and was to meet again on March 4, 1968. , • - » may continue. Colorado 160 day limit is for lesislativc biennium, and New Hampshire travel (q) Constitution requires Governor to tell I-egislature the purpose for convening. allowance atopa after July 1, or 90 legislative days, whichever occurs lirsi. (r) In even years unless extended by H vote of members in both houses. Pay limited to 60 (d) If Legislature convenes itself.. days in odd year. ' , • ' " (e) May be extended by H vote of members in both houses for indefinite time. (a) Unless Legislature peliitons for .sjiecial session. However, no special se.<)sion may be (f) Governoi may convene General Assembly for specific purpose. After tliat business is called during the 30 days before or 30 days after the regular fiscal sessions in the odd years completed, a H vole of members in both houses may extend session up to IS days. without the consent oT ?4 of the elected members of each house. Legislature may convene in .(g) Reconvenes for limit of S days on the Monday after a 3.0 day recess to reconsider vetoeil siH-'cial se.ssion on 31at day aher sine die adjournment to aCt on all bills vetoed by the Governor measuies; if a simple majority of each house desires to reconsider at least one vetoed bill. . _ (h) Even year session (odd year in Louisiana) is basically limited to budget and fiscal mat- (t) There is no limit for length of regular and special sessions, but thercia a limitation on pay • ters; Delaware, to budget, fiscal and general state legislation. to 60 calendar days for a regular session and 20 calendar days for'a special session. No " (i) Approximate length.' Connecticut session must adjourn by first Wednesday after first limitation on allowances. . Monday in June, Missouri session by July IS and I'uert9 l^'<^o session by April 30. (u) Petition by majority, of members of each house to (^vernor, who then "shall".' call (j) May be exlentled by 30 days by. i£ vote in both houses. Florida not beyond September special session. 1; Virginia: without pay. (v) Limitation does not aiiply if inipeachment,trial is pending or in process. Legislature • (It) Twenty per cent of the membership may petition the Secretary of State to poll the Legis may call 30-flay "extraordinary" session if Governor refuses to call session when requested* lature; upon aflirmative vote of K of both houses an extra session, no more than 30 days in by H of Legislature. lengtb, may be called. Extra sessions called by the Governor are limited to 20 days. (w) Convenes on first Tueslay in January for 15 days to organize and introduce bills. (1) Convenea for 12 days to organize, recesfies and convenes on second Monday in February (x) Legislature may divide-session by recess to meet in even year also. for limit of 33 calendar days; • " . '^ (y) Salary limitation only. • - ' . ,' (m) Limited to 70 days if called by- Governor and 30 days if called by CJovernor at petition (z) Governor must extend until general appropriation.is pa.sse * % -y-rr LEGISLATIVE PROCEDURE: OFFICIAL RECORDS -—Journal—-^ '• '• —'• Records of com- • r • Permanent V Verbatim record 'mitte* hearings Slate or other Published • Shows ruling! Shows ail journal of proceedings of and proceedings . jurisdiction daily of chair votes • ~ Checked by indexed , houses maintained taken Alabama No(a> No Final passage House^Committee on Rules; Senate- Yes—subject No • No • •, Committee on Revision of Journal Alaska...... ;., Yea Yea. Yes—except voice House—Chief Clerk; Senate—Secretary, Yea—bill • No Sometimes and standing votes Arizona.....;.. No(a) Yea Yea House—-Chief Clerk; Senate—Secretary Yes—subject, bill, No Sometimes sponsor Arkansas...... No(b) Yea Yea. Journal Committees YesCbZ-^bUl . ••>-•• No No , California...... Yes . 'Ye*. . Yea • House—^^Chief Clerk; Senate—Journal Clerk Yes-^subject, bill, . i. - No, • ,' . • . No / sponsor Colorado...... Yea „ Yea Third reading House—Chief Cjerk; Senate-r-Secretary , Yea—subject, bill, • • No Rarely • sponsor, committee Connecticut.... Yea ,.• : Yea p Only when a divi Clerks ' . Yes—subject Always (c) • Always(c). sion is ordered Delaware •, No • No Yes House—Chief Clerk; Senate—Secretary Yes—subject No • ,)Nb ' *> Florida...... Yes Yes • Yes- / House—Clerk; Senate—Secretary Yes;—bill, sponsor, No Rarely(c) . subject. Georgia, i...... No No , Totals only House—Committee on Auditing, Enrolling Yes—subject, bill, •"•No- :' No & iingrossing Journals; Senate—Adminis resolution trative Affairs Committee Hawaii....; Yea Yea. . Third reading House—Speaker; Senate—President' Yes—subject Usually Sometimes / Idaho Yea Yea Journal Committees Yes—subject, bill, • No Spmetimes(c) •. ^'^^ gubernatorial ac tion Illinois...... Yes No ' . • Yes . .. -' •Hoi/Se—Speaker; Senate—President • Yes—subject, bill No , - No • • • ir. • • ' Indiana...;.... No(a) ••. Yes • Yes House—Committee on Legislative Proced Yes—subject, bill, No Usually ures and Rules; Senate—Committee on . sponsor • ; ._ Legislative Procedures and Rules Iowa \ Yes • Yes Final passage, anc House—Chief Clerk,. Journal Clerk and Yes—sponsor; sub- • No Usually (c)' when yes-no House members; Senate—Secretary, ject, bill votes are taken Journal Clerk and Senate members Kansas....".-.... .Ves • Not always Final passage Journal Clerks * • Yea—subject, bill, , , \ No .No sponsor Kentucky..'.,'.. No .. («^) Yes'-rexcept Legislative Research Commission Yes—subject, bill, • -No ; • . No voice votes. sponsor, committee \ .; • • .Louisiana...... Yes '• . (e) Final passage . House^CIerk; Senate—Secretary •-•No . , •- In part No , • ''f:::s^^ • Maine. House—Ves ' House—(e,f) Yea(f) ^House—^Clerk; Senate—Secretary Yes—subject, bill Yes .• No Senate—Yes Senate—Yes(f) Maryland...... • •• No,. • No ' Roll call Department of Legislative Reference Yes—subject, bill ' No • •' •',. • -No • *, Massachusetts.. Yes Yea /Yea Ilouse—Assistant Clerk; Senate—^Clerk Yea—subject . No , No. •••• .' • • » Michigan...... Yes Yes Final passage, House—Clerk; Senate—Secretary Yea-subject, bill, ; Rarely{f) AUraysCg). • sponsor . Minnesota Yes House—Yes •V48 . House^Assistant Chief Clerk; Senate-r Yes—subject, bill,- No !! Somelimes(c) Senate—YesCe) Secretary ' sponsor , «. Mississippi. . .,. No (a) •• Yes' .• House—(h) House—Clerk; Senate—Secretary ' Yes ^ • No .No . ' ' Senate—Yea Missouri Yea Yes Yea « House-^Cliief Clerk; Senate—Secretary Yes—subject, bill, • No No .•sponsor . . . Montana ... Journal Committees- Minutes only(c) . Yea ' Yea Third reading Yes—subject, bill ' No Nebraska... • -. ^tii:- Yea . No Clerk' Yes—subject, bill, .; .Mways i Always(c,i) >-ponsor^.' • , • Nevada. Yes Yea Yea Legislative Counsel Bureau . Yes—subject, bill Ahvays(j) . Sometimes' New Hampshire Yea Yea- ' Yea JournaLCommittees Yes^subject, bill' House—No Always(c,k) .Senate—-Usually New Jersey •• Yes ••: .•'No - / Yes General Assembly—Executive Secretary; Yes—subject, bill. Always . ' Sometimesd) Senate*—Secretary sponsor' • . ." • \ .. New Mexico..... No Yea -^ Yea House—Rules Committee; Senate—Judici Yes(rh) No No ary Comrnittee ^ New York. No • • Yes ..Yes • Senate—Journal Clerk Yes—subject, bill, ' .MsvaysCn) Rarely Assembly—Journal Clerk sponsor, title . North Carolina. 1 No •" Yea NV':.' Clerks • . . • • Yes—subject, bill, . No '• No. sponsor North Dakota... Yea ..• Yes • • Final passage House—Chief Clerk; Senate—Secretary Yes—bill, sponsor Rart^ly . Always Ohio.....; . Yea • Yes . Yea House—Journal Clerk; Senate-r-Clerk- Yes-^suljject, bill. No .Mways (o) sponsor, code siec- tions , . ' •, •. Oldahbma...... Yes ' No(p) • Yea Hbuae—Journal Clerk ' " Yea—subject, bill, ^' 'No / . Ves(l) Senate—Journal Clerk . sponsor, personnel •• Oregon..;...... No (a) Yea.. • •' Yea . House—Chief Clerk . . • Yes—subject, bill,. . No . •' Utually Senate—Secretary . sponsor, committee * ' • '. " Pennsylvania.. Yes. Yea Yes House—Chief Clerk; Senate—Official Re Yes—subject, bill,' Always • .No porter. sponsor, legislative 1 ' • ' : • • • • and gubernatbria'l action : Rliode Island... .Yes(fi) Yea Yea House—Recording Clerk; Senate—Secre . .No' . .No' -• t No tary of State • South Carolina. Yes . • • Yea' . Yea House—Clerk; Senate—Clerk Yes—subject, bill, • No , Sometime.s(c,r) sponsor South Dakota... Yea . (e) Final passage . House—Committee on Engrossed and. En- Yea—bill, sponsor, No Sometimesfc.r) • rolled Bills; Senate—Committee on Leg subject islative Procedure • /. • LEGISLATIVE PROCEDURE: OFFICIAL RECORDS—Concluded -Journal • Records of com^ Permanent Verbatim record mittee hearings Stale or, other Published Shows rulings Shows all journal of proceedings of and proceedings jurisdtclidrt daily of. chair • voles .' Checked by indexed • Houses maintained taken Tennessee T...., No (a) Yes . Yes Clerks Yes—bill, sponsor Always(s) ' Rarely Texasl.. Ves . Ves Yes Journal Clerks Yes—subject, bill, . •• 'No . Always(t) sponsor Utah !;.. ^ Ves. Ves Yes • Chief Clerks and Minute ClerRs Yes—subject, bill Ahvays(u) Rarely Vermont...... Ves Ves Yes House—Clerk; Senate—Secretary Yes—subject, bill Always Always •' . .^ .'.-'. Virginia..;;!. N'6(a) House—No [louse—when yes- Clerks Yes—subject No No Senate—Ves no vote taken Senate—^^Ves ' Washington.... No Yes •• Yes House—Chief Clerk; Senate-Secretary of. Yes—subject, bill Mouse—SonietimesCf) 'House—Rarely(1) "Senate Senate—No Senate—Rarely(v) A West Vlrfifnia.. Ves Yes Senate—Yed House—Speaker; Senate—Clerk Yes^subject, bill, \lways .•\lway3(c) Hoyse—Final sponsor passage . Wisconsin...... Yes Chief Clerks Yes—subject, spon No . .•\lways(w) sor, lobbyists' Wyoming . •No(a) , • No/ Ves House and Senate .Touriial Committees, Yes No • ..• No • Chief Clerk, Journal Clerks Guam..:.... Ves Yes Yes Lepislative Staff Director and Legislative Yes Ves ; - . Ves Hody Puerto Rico. Yes i'es Yes Secretaries of House and Senate supervise Yes—subject -Mways • Sometimes Director of Journal Virftln Islands.. Yes Yes Comnn'ttce of the Whole No .Mways Usually (a) Daily journal is i)rci>are •,r ' iV'lAiliWl .V.!, H:.. I ;, .-i... V • LEGISLATIVE PROCEDURE: BILL INTRODUCTION AND REFERENCE Exceptions to limitations - \__ By Reve At Pre- indicated For nue and re session Pre- vote of com [ appro quest bill session Bills referred io'committee Commit-- appro mit pria of drajting . bill by '. . tee must State or other Time limits on priate tee tion Gov • service filing report jurisdiction introduction of bills house bills' bills ernor Other provided permitted House Senate •all bills Alabama.'.. N'o limitations .... Yes(a) No .Speaker President No Alaska. 1."St annual session of . 2/.3 X X Yes Yes Speaker President No two-year Legislature— member- no limit; second sex- ship sion:—35tli calendar day Arizona.. Senate—36tli day 2/3 elected Yes(a) No Speaker President No liou&e—36tli day ' ' ... By ac.tion of Rules Comryittee Arkansas.... None, last 3 days .Yes(a) No Speaker- President No{b) . California"... 100th calendar day(c) 2/3 Yes(a) No Speaker Rules Comm. Yesid) Colorado.... 50th day Majority X YesCa) Yes Speaker . President ' Yes(d) Connecticut. 3rd IcRisiative Thursday (e) X X • Yes(a) Yes .Speaker .. President No(f) Delaware No limiiaiions Yes(a) No Speaker . . P.O. No Florida. . . . . No limitations Yes No Speaker President Yes Georgia! : No limitations Yes (a) Yes(g> Speaker President No • Hawaii „.... Senate—5uth day Unanimous. Yes(a) No Speaker Preside.nt Yes House—31st day Idaho1: 2Stli day Unanimous (h) Yes No Speaker President (i) Illinois.:... . May 1 Majority elected Yes (a) Yes Speaker Bills Comm. No Indiana Senate—27th day 2/3 elected •Yes{a) No Speaker President. •No , CO House—30th day Iowa March 8 . 2/3 •X. X .Yes No Speaker President YesCj) Katisas. . . .. Fixed at session i Yes(k) No • Speaker President pro tern No Kentucky... No limitations '. Yes(a) No Comndttee on Committee on No . Committees Committees Louisiana... Recular—15th calendar 2/3 elected Const, amendments, Yes Yes Speaker(l)' President(l)\ No day - 30 days BudKet session—tOth calendar day Maine.. .'...... :. 4th Friday in January(m) (n) f X Bills to-facilitate Yes(a) Yes Joint Committee(n) No(b) legislative business Maryland...... Regiilar~42hd day : 2/3 -^ Yes(a), - No Speaker President No Must be introduced one. 4/5 present X Bills in.reports due Ye3(a)/ Requiredv'o) GlerkTp) Clerk(p) : Yes Massachusetts. . month before session ^and voting after convening March 16 X By concurrent res Yes YesCfi) Speaker President(r) No.' Michigan. ..;.... olution 90th day ... X Yesfa) No Speaker President No Minnesota.. .. ^. None last 3 days(s) ... Yesfa)' No Speaker President No Mississippi...... 60t]i legislative day Majority X X Ve3(a) No Speaker President No Missouri.., Senate—20th day 2/3 SQbstitute bills for Yesfa) No Sfieaker President Yes Montana.. House—20th day 2/3 X • bills pending Nebraska..;.... 20th day 3/5 elected :(t^ X Yes(uO Yes (V) Ref. Comm. No Nevada Senate—No limitations Yes No Introducer Introducer No . House—40th day odd years 2/3 X Resolutions New Hampshire. nihdayfw) 2/3 elected (X) Yesfa) Yes Speaker "President YesCd) New Jersey ... No limitations ..." Yes (a) No Speaker President • No . New Mexico... X Substitute bills for Yes (a) No Speaker President -, No ' 35th legislaliye day ... bills pending . - New York..; Fixed at session - • • , Yes Yes Speaker • President No North Carolina.. No limitations except . . . ' Yes(a) No • Speaker President •No • tor local bills North I>akota 20th day.. _ .-72/3 meinfjcrs 41st Yes, Yes Speaker President Yes " " , "present clay(y) Ohio..... No^flmitntioiTS 3/5 elected ..^ X YC8(&) No RefcrcnReferencc e Comm. Majority Leader No Oklahoma Senate—no limitations ' Ye8(a; Yes Speaker President No House—35th calendar day 2/3 elected -X Oregon _. , 36th calendar day _ • •• (z' Approved by Rules Yes(a) Yes P.O. P.O. No Committee Pennsylvania No limitations ... Ye8(a) No Speaker PTO. No Rhode Island. . ;... 50th day o Unanimous consent Yes (a) No Speaker President No South Carolina No limitations . ... Yes(a) No P.O. P.O. No South Dakota...... No limitations " , 2/3 metntJers Yes Yes Speaker President No . - . , present and majority of . f. members elected Tennessee...... ;.. By rule ...... Local bills Ye8(a) No • Speaker Speaker'' No(aa) , Teias...; '.... bOth caletidar day 4/5 members .. X Yes(a) No Speaker President NNO Utah. Senate—30th day Unanimous . (ab) Yes • Yea Speaker ^President Yes^. House—3.Sth d^y 2/3 present Vermnnr J House—5 weeks "* . Majority ^^^ • (adi Yes No Speaker President *Ve3 Vermont ^genate—6 weeks(ac) Majority T^*^ Yes(a) No Speaker President No(b) Virginia. (ae) X Substitute bills for YesCa) Yes Speaker President No(af) Washinitton 40th day 2/3 elected X- bills pending West Virginia 50th day 2/3 present and .:, .. , Yea Yes Speaker President No "» voling(ag) Wisconsin... 5Ist calendarday(ac) 2/3 members No limits for Legis Ycs(a) (ai) Speaker P.O. Yef present lative Council or for some commlt- tec8(ah) Wyoming 18th day ' Unanimous No No Speaker President No(aj) o Puerto Rico -'60th day Majority X(ak) Yea No Speaker President No Virgin Islands No limitations Yes No (V) . President No Abbreviation: P.O. — I'reaiding Oflicer (q): Prc-session filinjj permittedony at secowl session of biennium. Since January 1, 1964, (a) Continuous service. • . . ' all business, bills and joint resolutions can'iedi^yer from odd-year Mssion have hod the same (b) Done aa a matter.of practice. Btatua in the aucceeding regular .session. Bills arc numbered consecutively through the two (c) Joint rules i>roIiil)it I'ntroduction after lOOth ralemlar day, incluilinK Sattinlays and ycara of a term, instead of through each regular jtsasion aa previously. Sundays with certain exceptions. (r) Senate may determine by motion where bill N. to go. «> (tl) In practict', those not actc ff /" m THE HOOK oi'zm<\^TArEs LEGISLATIVE PROCEDURE: HOUSE AND SENATE ACTION >tAj- J" ^ '• Readings Roll call on final passage; fr- -*' , ^ ^ ••—: ^ mandatory ori request of • Majority • y,/ On ,—:n * \ oj members Slaleior other separate Senate ' House, Electric roll required to Pass jurisdiction \umber days In/uUia) members members call device bill(b) ,Alabama 3 Vcs 3r(l. very few All bills(c) All bills(c) House I)rt'S(.-nt & votins Alaska 3. Vcs( . •** Kentucky..'..... 3 Ycs(l) 1st. all All bills(c) . All bills(c) House ' 2/5 elected - . & niaj. votiuR Louisiana.. 3 Yes One reading .All bills'and resolutions Botlihonsts ) • Klectcil Maine (tn) Yes(e) None 1/5 present(li) 1/5 present(h) .No rresent &\votingfli) Maryland 3 Ycs(e) None All bills and House Klec^ed joint resorutions(c) Massachusetts..' 3 . Yes(k) None 1/5 prcsent'X''^ 30 House. Present & voiing(li) Michigan...;... 3 (f) None (c) (c) .. House Elected &servinR(n) Minnesota 3 Yes(e) None .1, 15 Both houses Elected Mississippi.. 3 Yesfe; ' 3rd, afl(o) 1/10 present 1/10 present House . Present & votinRdi) Missouri 3 Yes None .Mlbillsand joint re3oIutions(c) House' vElccted Montana 3 Yes (p) .Mlbillsand joint resolutions Both houses Present Nebraska...... 2 (q)- .1st. 3rd 1(c) (Unicameral) Yes Elected Nevada;:.;..... 3 Yes(e) 3rd, practically none .Ml bills and joint No . Elected • " • resolutions(c) New Hampshire. 3 (f) . (r) 2(c) ' 2(c) No (s) ' New Jersey...... 3 Yes(t) None . (c) (c) , House Membership New Mexico..... 3 (u) None 'IK 1 .No Present NewYo^k 3 . (y) Less than half 1(c) 1(c) No Elected North Carolina.. 3. Yqs(e) None . t/5 - i. 1/5 No Present & votinR(li) North Dakota... 2 Yes None All bills(c) All bills(c) Both houses Electerffw) OhiOi..: 3 Yes(x) None All bills(c) All bills(c) House : Elect^ Oklahoma...... 4 Yes .Ml(c) All bills(c) All billB(c) No Elected ' • , • • . • ' I • regon 3 Ye3{c) 3rd,;rarely .Ml bills and joint resolutions No Elected Pennsylvania... 3 Yes None .Ml bills(c) All billsfc) House Elected Rhode Island. .. ° 2(y) Yes(y) 2nd 1/5 present 1/5 present No Present & voting South Carolina.. 3 Yea 2nd, all 5 10 No Present & voting(li) • . b . \ - . South Dakota... 2 Yes Less than 1% All bills(c) All billsf<) No Elected Tennessee...;.. 3 Yes . : 3rd", all All bills All bills .. Both houses Membership Texas..>...... 3 Yes • . 1st. 2nd,,3rd, , - 3(c) 3-(c) ' House ' Present & voting • • virtually'none Utah y 3 Ycs(k) . . 3rd, 75% All bills(c) All billsfc) , No Elected Vermont...... ".. '3 "Ves'Cz) 2nd 1 -5 ' "NO Present S: votingdi) Virginia 3(aa) Ye3(aa) None 1/5 present I/S present. Both houses . 2/5 elected & . •. • maj. voting Washington 3 ye3(ab) 2nd, 3rd, less than (ac, House Present & voting Wisconsin 3 (ad) Alniost never 1/6 present(c) 1/6 i)rci;cnt(c) .Assembly Present & voting(h) Wyoming '... 3 Yes(.ie) .About 25% All bills All bills No Elected Puerto Rico 3 No. •. 2nd; all - All bills .All bills No Elected Virgin Islands... 2 'No 2nd, all All bills(h) Unicameral No Present & voting j--r^: LEGISLATURES AND LEGISLATION T.EGisi-ATivE PROCEDURE: HOUSE AND SEI^ATE ACTION—Continued /i CFootnotcs) //' . _ . , - _^, ,._ (a) The entries indicate about what pri>i)ortioii fjf fciJIs are tiona, arid about 9 (jer cent "bf Senate bills and,resolutions, read In full at a particular reading. When no determination:v.'as (s) House: A majority of the members is a i^uorum for doing made, the reading or readings at which bills.mayi t>e read in.full business, but when less than 2/3 of elected members are present, were recorded. - , ' ^^- Jw **% A' /^ «. i y •*> «,- s. 62 . THE BOOK OF THE STATES LEGISLATIVE PROCEDURE: £;XECUTIVE VETO Days after Fate of bill which bill ,—after adjournment—\ becomes . Days after Days after Votes required Constitution prohibits law (before which bill which bill ItemUto in House and Covemorfrom vetoing adjourn- . is law dies on appro- Senate to pass bills • • * • Slate or other ment) unless unless unless priation. or items Initiated Referred jurisdiction vetoed* 'vetoed* signed* bills over Mto(a) measures measures Alabama...... 6 10 Majority elected (b) (b) Alaska 15 20 Three-fourths elected • (c) Arizona. .\. ...» 5 10 • Two-thirds elected • • Arkansas.°. 5 . 20^d) Majority elected • California 12ie) 30 Two-thirds elected • Ck)Iorado. 10(d) 30(d) • Two-thirds elected • • Connecticut...... 5(f.s) •IS(d.B) • Majority present (I*) (b) Delaware 10 30(d) • Three-fifths elected (b) (b) florlda. s 20(d) Two-thirds present (b) (b) Georgia (ti) 5 . 30 • Two-thirds elected (b) (b) Hawaii (h) ...... 10(f) 45(f.i) (V.i) • Two-thirds elected (b). (b) Idaho S 10 • Two-thirds present Illinois.... io 10 Two-thirds elected (b) (b) Indiana 5(d.j) Majority elected (b) (b) Iowa.., (k) , (k). Two-thirds elected (b) (b) Kansas.. 3 (I.m) Two-thirds elected (b) (b) Kentucky 10 10 Majority elected (b) (b) Loulslanai.h) lO(d.K) 20(n) Two-thirds elected (b) (b) Maine s- (o) .Two-thirds present (lO • 6(g) Three-fifths elected Marylanddi) ...... 6 (I)) ( Oregon ....:.. 5 20 •(y) Two-thirds present •••• Pennsylvania.. 10(d) 30(d) • Two-thirds elected (b) (b) Rhod; Island , 6 10(d) Three-fifths present (b) (b) South Carolina, j,. 3 (o) Two-thirds present (b) •(b) \ South Dakota 10(d)" • Two-thirds present . . • • 5 . Majority elected ' Tennessee.... 10 • (z) (b): Texas. 10 20 Two-thirds preseht . (b) (b) Utah.. 5 10 • Two-thirds elected • • Vermont .S (1) Two-thirds present (b) (b) Virjilnia...... 5 10(d) • Two-thirds presentfaa) (b): (b) Washington .. 5 10 • Two-thirds elected • • West Virginia..... 5 5(d) -. Majority elected (b) (b) Wisconsin 6(K) 6(g) • Two-thirds present (b) (b) Wyoming.. 3 i5(dii) ; Two-thirds elected fb) fb). Puerto Rico 10 36(d) • Two-thirds elected • > (b) (b) Virgin Islands .... 10(g)- 30(d,g) Two-thirds elected (bj: (b) \ V :-M \. \ V \ LEGISLATURES AND LEGISLATION 63 LEGISLATIVE PROCEDURE: EXECUTIVE VETO—Continued ^ (Footnotes) •Sundays excepted. \ . . days before adjournment sine die. However, some bills may (a) Bill returned to house of origin with objections, except be "presented" to Governor during last 3 \ ) \ r j_-.^ ^•• \ \., k /.f 1966 AND. 1967 SESSIONS, INTRODUpTIONS AND ENACTMENTS As of January 15, 1968 \ •Regular Sessions- ^ -Extra Sessions- No. of . No. of I No. of .No. of ^ State or other intro- enact- ^Length of intro / enact Length of jurisdiction Convened Adjourned* ductions ments bsessioni Convened Adjourned* ductions ments session^ Alabama. Aug. 31. 1967 1,8^6 781 ^ 36L Jul. 26. 1966 Sept. 2, 1966 •861 > 450 21 L • J^2' ^"^'^ Mar. 2, 1967 May, 1, 1967 518 243 31 L Alaska... , .lOiJan. 24. 1966 PApr . 17. 1966 3?7 168 I 84 0 Sept. 29. 1967 Oct. 4, 1967 34 31 6C Jan. 23, 1967 Apr. 9. 1967 5pl 139 . 77 C Arizona.. ,. Jan. 10, 1966 Apr. 23,. 1966 621 120 103 C May 31. 1967 Jun. 2, 1967 2 • 1 3 C Jan. 9. 1967 Mar. 13, 1^967 573 134 64 C Oct. 30. 1967 Nov. 17. 1967 57 : : 5 19 C Nov. 27. 1967 Dec. 22. 1967, 51 20 26 C ^ Arkansas...... Jan. <^ 1967 Mar.31. 1967 1,230 658 82 C(a) L ^•. California... .. Feb. 7, 1966 Apr. 4, 1966 . 28(b) 19 L Feb. 10. 1966 Jul. 7, 1966 317(b) 169 81 L Jan. 2, 1967 Sept. 8, 1967 3.671(b) 1.725 145 L Apr. 5. 1966 Jul. 8. 1966 23(b) 7 36 L Sept. 5, 1967 Sept. 7, 1967 . 4(b) 1 3 L Nov. 6. 1967 Dec. 8, 1967 19(b) 4 21 L Ckilorado. Jan. S. 1966 Feb. 24, 1T>66 83 45 51 C(a) May 12; 1966 May 14, 1966 2 1 3 L Jan. 4, 1967 May 22, ^967 1,002 452 139 C(a) Connecticut Jan. 4, 1967 June 7jxf967 6,052 (c) 1,779(c) 77 L Delaware...... Feb. 1, 1966 1966 257 179 30 L Jan. 10. 1968 Jan. 10. 196S 1 1 1 L Jail. 3. 1967 Dec. 31. 1967 1.010 250 58 L /. . Florida Apr. 4, 1967 Jul. 14, 1967 5,181 2.361' 88 C .> . Mar. 2. 1966 Mar. 9. 1966 43 9 8 €• Jan. 9, 1967 Jan. 28, 1967 . 26 9 20 C 4>. Jul. 24. t.967 Jul. 28. 1967 106 43 5 C Jul. 31. 1967 Aug. 18, 1967 46 .15 19 C Aug. 21. 1967 Sept. 1, 1967 75 18 12 C Georgia.. Jan. 10. 11X56 Feb. 18. 1966 1.572(cl) 947(d) 40 C Jan. 9, 1967 Mar. 17. 1967 1,527((1) 990(d) 45 C(e) Hawaii. ^ Feb. 21. 1966 Mar. 23, 1966 904 SO 30 L Feb. 15..1967 May, 1. 1967 2 J 62 307 62 L Idaho.... Jan. 2, 1967 Mar.31. 1967 800 437 • 89 C Feb. 14, 1966 Mar. 5. 1966 67 21 20 C Mar. 7, 1966 Mar. 17, 1966 27 6 11 C Jun. 10. 1967 Jun..23, 1967 30 IS 5C Illinois. Jan. 4, 1^67. (f) • 4,298(fif) 2,202 (B) 117 L(g) Indiana.. Jan. 5, 1967 Mar. 6. 1967 1,377-^ 359 61 C Iowa...... ' Jan. 9, 1967 Jul. 2. 1967 1.749 470 175 C Kansas... Jan. li; 1966 Feb. 9. 1966 • 71 43 30 C Feb. 15. 1966 Mar. 9. 1966 16 14 23 C Jan. 10. 1967 Apr. 21. 1967. 1,113 494 . 102 C Kentucky Jan. 4, 1966 Mar. 18. 1966 1,143 410 60 L Louisiana ;... May 9, 1966 Jul. 7, 1966 l-.548(li) S77(i) 36 L Nov. 28, 1966 Dec. 12. 1966 43 22 • 9L Mays, 1967 June 6, 1967 308(h) .133(1) 17 L Jul. 17, 1967 Jul.:28, 1967 2 2 5L Maine : Jan. 4,-1967 Jul. 8, 1967 . 1,744 102 L • Jan. 17. 1966 Feb. 9. 1966 • 216' ,163 14 L Oct. 2, 1967 Oct. 3, 1967 10 . 10 2 L Maryland. Jan. 19. 1966 Mar. 29, 1966 2,163(j) 972(j) 70 C Mar. 30. 1966 .Ajjr. 5. 1966 26 (j) 10(j), 7 C Jan. 18, 1967 Mar. 28. 1967 «k 2,1970") 997 (j) 70 C J:m. 22. 1967 Jun. 22, 1967 23(j) 9(j.k) . 1 C Massachusetts... Jan. 5, 1966 Sept. 7, 1966 5,107 840 136 L • Dec. 5. 1966 Dec. 23. 1966 19 / 11 L Jan. 4. 1967 Jan. 2, 1968 . 6,995 1,073 (1) Michigan Jan. 12, 1266 Dec. 9, 1966 l,S60(b) • 35,1 332 C Oct. 10, 1967 Dec. 22, 1967 72 , 11 74 C Jan. LI. 1967 Aug. 3. 1967 2.051(b) 3{J6 205 C / Minnesota. Jan. 3, 1967 May 22, 1967 5.015 928 103 L AQE. 25. 1966 May 19, 1966 IS 1 16 L -Mar 23, 1967 Jun. 2, 1967'-, 169 60 8L Mississippi...... ';.. Jan. 4, 1966 Jun. 17, 1966 2,102 967- 101 L Nov. 9. 1966 Jan. 6. 1967 226 139 • 33 L Jun. 20, 1967 Jun.30. 1967 27 22 9 L , Jan. 4, 1967 Jul. 15. 1967. 1,287 259 195 C Mar. 7. 1966 May 5. 1966 , 28 \ 60 C • •*•* " Montana... . . Jan. 2. 1967 . , Mar. 3. 1967 959 429 60 L . Mar. 3. 1967 Mar. 18. 1967 46 30 16 L Niebraska . Jan. 3. 1967 Jul. 22. 1967 947 632 134 L Jun. 6. 1966 Jun. 13, 1966 3 3 7L Nevada...... '...... Jan. 16. 1967 .•\pr. 15. 1967 1,269(c) 688(c) 90 C May 9, 1966 May 26. 1966 68(c) S3(c) 18 C New Hampshire:.. . Jan. 4. 1967 Jul. 2.1967 1.165 •571 (1) "Jun. 13. 1966 Jun. 13.,1966 3 3 1 C Jan. 11. 1966 Jan. 10. 1967 1.570(j), 34SG) 365 C Jan. 10. 1967 Jan79.1968 1,6460) 3010.m) 365 C • - New Mexico. .. . Jan. 18. 1966 Feb. 18. 1966 106 66 30 L Mar. 20. 1967 Mar. 20. 1967 '••;••, 5 • . 3 . 1 C. Jan. 17, 1967 VMar. 18. 1967 908 308 60 L - . . / • • " New York.....;... . Jan. 5, 1966 -Jul. 5. 1966 11,168 1.025 • 182C Jan. 4. 1967 • .Vnr. 2, 1967 10,736 817 88 C ' North Carolina Feb. 8. 1967 Jul. 6. 1967 • 2,184(c) 1.360(c) 128 L i Jan. 10. 1966 Jan. 14. 1966 .; 28 11 5L North Dakota...... Jan. 3; 1967 Mar. 5. 1967 . 995(c) 573(c) 60 L \ • , ' • Ohio Jan. 2. 1967 (f) 1.447(g) 411(g) (g.l) . i , Oklahoma...... Jan. 3. 1967 May 11. 1967 982(h) 423(h) 75 L Orefion ...i . Jan. 9, 1967? Jun.-14. 1967 1.462 638 157 C Oct. 30. 1967 Nov. 21. 1967 47' • 19 . 23 C Pennsylvania...... 'Jan. 4. 1966' Nov. 15. 1966 676 . = 155 0) Feb. 28; 1966 .Nov. 15. 1966 34 • 7 fi; Jan. 3, 1967 Dec. 21,1967 3,497 . 707 Klar. 2. 1966 Mar. 8. 1966 •1. •• ' 5 L (1) • " • .1 6 . * • • • .V'r>r.il8. 1966 -Nov. 15. 1966 31 . Jan. 4, 1966 May 21. 1966 1.792 916 • 78 L Deci27.1966 Dec. 27. 1966 • .4 • 3 . . I C Jan..3. 1967 May 26. 1967 . 1.859 864 (I) 1 i 'Sp.uth Carolina . Jan. 11. 1966 May 20. 1966 1.17(1 .544 130 C • • / *• , •• Jifli. 10. 1967. lul. 14. 1967 2,140 880 109 L M • '-''". ^ South Dakota...... Jan. 4, 1966 Feb. 7. 1966 604(c) 294(c) 30 L » Vs.. Jan. 17-.-1967_ -Mar. 11. 1967 699(c) 373(c) 45 L Tennessee . Jan.-3. 1967 May 26. 1967 2.359 705 = 60 L Mar1 . 14. 1966 • .•\pr. 1. 1966 10 5 19 C Teias . Jan. 10, 1967 May 29, 1967 1.991 825 140 C I'>b. 14. 1966 Feb. 23. 1966 6 , 2 IOC Utah... . • Jan. 9. 196" Mar. 9, 1967 ,563 226 CQC • .I,^n. 9. 1966 Jan. 19. 1966 30 • 11 C n .' May 16. 1966 May 27, 1966 .24 ^ 13 12 C. Jan. 4. 1967 .(f) 545(g) 265 (g) . 101 C(g) Jan. 5, 1966 — Mar. 12. 1966 183 84 67 C Virginia.. , Jan. 12. 1966 Mar. 28, 1966 . 1.349 719 60L •-', Jan. 9. 1967 Mar. 9. 1967 il.628(h). 246(h); 60 C Mar. 10. 1967 Apr. 30, 1967 ' l,466(n) 153 52 C West Virginia..... Jan; 12. 1966 Feb. 10. 1966 ^'S 192 66 30 C Jan. li; 1967 Mar. 14, 1967 a,064 228 60 C \ . ' . Wisconsin.: . Jan. 11, 1966 ff) . 1.975(g.j) 't73(g,3) (1) " \ ' • , . • ( Wyoming. . Jan. 10. 1967 Feb. 18, 1967 639 (o) 255 (o) 40C ' • . . • Puertd-Rico. .. . Jan. 10. 1966 Mav31. 1966 1.398 226 142 C Oct. 31. 1966 Nov; 19, 1966 60 20 20 C . Jan. 9. 1967 May IS, 1967 1,344 221- 127 C Nov. 28. 1966 Dec. 17, 1966 4 0 20 C Dec. 19, 1966 Dec. 22, 1966 2 • 1 4C Jan. 17, 1966 Mar. 17, 1966 274 199 60 C , Jun. 8. 1966 Jun. 9, 1966 78 71 2L Jan. 16. 1967 Mar. 16, 1967 '202 137 60 C Aug. 13, 1966 .^ug. 13,. 1966 6 4 • ' ^ 1 L Aug. 24, 1966 Aug. 24, 1966 . , 13 12 IL .Sept. 9, 1966 Sept. 9, 1966 5 5 1 L Dec. 1, 1966 Dec. 1, 1966 . 15 15 1 L .^pr. 17, 1967 Apr. 19. 1967 58 . 51 3L Jun.27, 1967 Jun. 27. 1967 56 - 49 1 L Aug. 7, 1967 .\ug. .7. 1967 ' 1 1 1 L .Sept. 12. 1967 Sept. 12, 1967 '35 • 33 1 L •ft; Oct. 11, 1967 Oct. 11, 1967 10 9 1 L •• • • . . ' ' 0 •\- tt— .. Nov. 20, 1967 Nov: 20, 1967 27 1 L •Actual adjouniment dates arc listed regardless of constitutional limitations. 15. 1967; Wisconsin: introductions as of December 16, 1967 and bills enacted as of January 8, .••C^-calendar days; C—legislative days. 1968. (a) Arkansas: includes 17 day recess; Colorado: includes recess of February 19-February • (h) Includes.bills and joint resolutions. • • 24. 1966. and recess of April 19-May 22. 1967. (i) Includes joint resolutions proposin'R constitutional amendments. (b) Does not include proposed constitutional amendments or reiaolutions. , (j) Includes bills, joint resolutions and simple resolutions, and in New Jersey, concurrent (c) Includes bills and resolutions. ^ resolutions. (d) Includes bills, simple and concurrent resolutions and resolutions proposing constitu (k) Includes 3 of 23 introductions and 6 vetocI bills from regular session. tional amendments. (1) Massachusetts: House 197 L, Senate 200 L; New Hampshire: House 84 L, Senate 81 L; (e) General Assembly convenes on 2nd Monday in January, meets for 12 days and re Ohio: House 131 L, Senate 152 L (both as of September 8, 1967); Pennsylvania: 1966 regular cesses until the 2nd Monday in Kebruarj- for Zi day session. session House 52L, Senate SSL; 1966 special session House 46L, Senate 47L; 1966 special ses (f) Illinois: recessed October 18, 1967-March 4. 196K;_pi)i6: recessed September 8, 1967- sion 3 House 40L, Senate 39L; 1967 regular session House lOlL, Senate 103L; Rhode Island: January 15, 1968; Vermont: recessed April IS. •1957-January 3. 1968; Wisconsin: recessed House 81 L. Senate 32 L; Wisconsin: Assiembly 126 L, Senate 120 L. , March 9-April 4. July 28-October 17, November 16-December 5. 1967. and from December (m) Governor haduntil March 1. 1968. to sign 53 remaining bills. ., '• 16 until reconvened. (n) Includes reintroduced bills from regular session. (g) Illinois: as of October 18. 1967; Ohio: a. Num-Largest Per cent of .^ ».. Minimum ber number • deviation in actual Average per cent of Year of Num- of of vs. average population popu- population Present most Num- ber multi- seats per seat lation '_ necessary to. appor recent ber of rhember in each elect majority tionment appor- of dis- districts dis- Gredtest Averafe seat • . Stale by tionment seats tricts (a) trict + — {thousands) Present 196} Alabama L 1965 35 26 3 7 29 14 48 25' Alaska G 1966 20 11 2 7 29 13 51 35 Arizona C 1966 30 8 5 IS 7 16 52 13 Arkansas B . 1965 35 25 6 5 14 9 49 44 California L ' 1965 40 40 0 1 13 IS -49 11 Colorado L 1967 35 35 0 1 7 6 50 30 Connecticut L 1965 3fi 36 0 1 23 -19 48' 33 Delaware (b) L 1964 1«^ 18 0 ! 1 12 16 53 22 Florida .. C 1967 .48 17 12 9 ' 5 5 51 12 Georgla(c)...... L 1962 54 54 -0 ^1' 30 28 48 23 Hawall(d) L 1965 25 8 7 4 28 7 SO. 23 Idaho. L 1966 35 35 0 1 .19 IS 47., i7 Illinois B 1965 58 58 0 -. 1 7 7 SO 29 Indiana L 1965 50 31 8 8 15 15 49 40 lowa(f) L 1965 61 49 7 5 32 23 45 35 Kansas(f) L 1964 40 40 0 1 25 17 49 27 / Kentucky L 1963 38 38 0 1 51 22 12 80 47- 42 Louisiana L 1966 39 27 10 3 17 20 6 84 48 33 Maine.... C 1967 32 32 0 1 9 10 4 30 51 47 Maryland. L 1965 43' 16 14 7 18 16 72 . 47 14 Massachusetts(g). C 1960 40 40 0 1 8 14 ••4 63 (li) 50 45 Michigan C 1964 38 38 0 • 1 1 0 0 206 53 29 Minnesota...... L 1966 67 67 0 1 25 13 S • " 51 48 .40 Mississippi. C 1967 52 36 lO- 5 13 11 7 42 49 35 Missouri B 1966 34 34 0 1 5 4 2 127 . 52 48 Montana C. 1,965 55 31 .11 6 17 21 8 12 47 16 NebraskaCi) •. L f9'65 49 . 49 0 1 13 6, 4 29 49 37 Nevada. ^^ L 1965 20 8 2 8 11 21 9 . 14 50 8 New Hampshire. , L . 1965 24 r 24 0 1 11 A^ 5 25 52 45 New Jersey...... Con 1966 40 15 11 6 12 14 6 152 .SO,, 19 New Mexico...... C : 1966 42 42 0 1 29 28 13 23 46 14 New York .: C 1966 57 57 0 1 9 6 4 285 49 41 *, North Carolina... L i.19.6.6.. SO 33 14 3 13 IS 6 ** 91 49 37 North Dakota.... Con 1965 49 39 5 4 10 12 5 13 47 . 32 Ohlo(j)...... • H 1966 33 33 0 1 9 10 4 294 50 41. Oklahoma C 1964 48 48 0 1 25: IS 6 ; 49 49 25 Oreiion;. L 1961 30 19 5 • 8 25 49 13 59 47 48 Pennsylvania C. 1966 50 50 U 1 10 9 4 i^ 220 50 .U Rhode Island..... L . -1966 50 50 0 . 1 19 12 8 17 50 18 South CaroUna(l). L 1966 50 27 15 4 14 20 9 48 48 2.1. . • • • . * ' ' South Dakota. ... L 1965 35 29 3 4 .46- 17 9 19 47- 38 Tennessee...... Con 1966 M 33 0 1 16 14 6 108' 49 27 TexAsCrn)..: L . 1965 31 31 0 1 11 10 4 309 49 30 Utah L 1965 28 .28 0 1 16 34 15 32 *48 21 Vermont L 1965 30 12 10 6 23 23 9 13 49 . 47 Vlrftlnla... L 1964 40 ,5' 4 1.8 13 9 99 48 .38 Washlnftton, .~^;... L 1965 49 49 0 1 22 16 6 58 48 34 West Virginia.... L 1964 34 16 16 4 34 31 12 55 47 47, Wisconsin. C 1964 33i .io 0 1 14 16 7 120 48 45 Wyoming C 1965 30- 17 . 7 5 36. 35 12 11 47 27 •The data for f'.iis table were adapted from Apportionirunl (flotorial) district for the election of one or more a Num- Larg- Per cent of Mini/ntivi Pres Fear ber est • deviation in actual Average. per cent of ent mulli- nitm- vs. average population popu- • population appor most Num member ber per seat lation necessary to tion recent ber dis- seats 1 ... • - > each elect majority ment' appor Number '• dis tricts in Greatest Average seat- by tionment seals tricts (a) district + : — • (.ifiousafuls) present . J''>6J . Slair C 1965 106 43 .25 20 23 25 7 31 48 26 G 1961 40 19 4 14 36 - 40- 10 5- 48 -49 C 1966 60 • 8 • 8 30 .7 16 3 22 51 N.A. .Arizona B 1965 100 44 27 14', IS 6 18 48 3i 1965 80 80 0 1 ' 13 14 5 196 49 45 1967 6? 65 0 1 13 . 12 5 . 27 54 M L 1965 177 177 0 1 38 35 • 13 14 ' 44 12 ... ."Connecticut L 1964 35 35 0 1 • 9 14 5 1-V ° 49 1')"" C 1967 . 119 24 21 22 5 6 2 42 • • 50- 12 Florida L 1965 . 205 127 35 N.A. 24 37 16 19 43 22 I. 1959 51 18 13 6 44 49 , 16 5(e) 43 . 48 L 1966 70 •42'. 28 2 32 . 15 ' 10 • 10 47 33 B 1965 ' 177 • 59 59 3 9 8 3 '• 171 49 40 Illinois 1.965 100 39 25 15 10 11 4 •.• 47 49 35 L 1964 124 81 18 40 36 12 22 45 .27 • L 1966 125 125 0 <'l ... "4-1- 11 3 . 18 49 19 L 1963 100 100 0 1 33 34 13 •30 45 34 L 1966 105 49 28 7 21 17 • 8 31 47 34 L 1964 151 114 IS 11 106 40 l4 6 43 40 L 1965 142 29. 20 22 36 29 6 2T -v. 48 25 L 1963 240 170 I 42- 3 .43 80 9 10(g) 46 45 .. Massacliusetts C 1964 110 110 0 1 1 - '3 1. 71 51- 44 . L 1966 135 120 15 2 13 26 . 6 25 47 35 ...... Minnesota C 1967 122 52 .34 10 10 11 5 18 48 29 B 1966 163 163 0 1 9 10 3 27 .49 20 1965 104 38 27 12 25 25 6 6 48 37 , 1965 40 11 , 5 16 19 22 • 10 • 48 ^ 35 L 1965 400 193 116 7 63 31 9 1 46 44 New Hampshire C"oa 1966 80 40 38 • 4- 12 17 6 76 SO 4'7 L 1965 70. 70 0 1 . 36 .38 10 14 46 27 . . . .New Mexico B 1966 150 V ISO- 0 • 1 ' 9 10-3 108 "~~ 49 33 .New Yorlc L 1966 120 49 41 7 .14 14 7 38 48 27 • . Nortli Carolina Con 1965 ' 98 39 39 - 8 10 12 S 6 47 -U). ... North Dalcota B 1966 99 99 0 ; • 1 13 * 1.? 6 98 47 • 30 Ohio C 1964 99 99 0 •• • 1. 13 11 4 '24 49 30 Oklahoma L . ,1964 60 32 15 7 3.5fk) 36fk) 7(k) 29(k) 4Sfk) 48 Oreiion C 1966 203 203 0 . 1 16 .14 6 56 , 47 38 . . . Pennsylvania 1966 100 100 0 1 19 10 7 49 47 : .Rhode Island I 1961 124 46 29 •u 53 55 10 19 46 16 . .Soutli Carolina 1965 75 39 22. .' 9 19 14 S <) 47 M) .. .Mouth Dakota Con 1966 99 93 13 3 28' 16 7 36 47 . 20 Tennessee L 1965 ISO 86 23 * 14 12 IS 6 64 47 .V) Texas L 1965 69 6<> 0 1 . 7 \. 31 • , 7 13 . . 48 3.^ Utali L 1965 150 72 36 " •IS 11 14 ••4 4«) 12 Vermont 20 L 1964 loa 63 9 20 22 8 40 4 7 37 Vlrftinia L : 1965 '56 42 3 18 27 7 29 47 . . 35 99 . . Wash Inftton L 1964 47 21 ,46 . 38 10 19 4f) MO '100 14 . ..West Virginia C 1964 100 "100 0 1 32 44 !1 40 45 40 L 1963 '; 61 23 12 11 47 ,> 43 9 • 5- 46 t36 ...... Wyoming (d) This i)lan is temporary until a constitutional convention insiitiitcd, candidates will run at large. - ' meets in 1908. ^ ^ ' . (j) The State Supreme Court has held this plaji invalid. . . fe) Average number of registered voters per seat. (k) Thcs." figures '\-.- •L •• \ LEGISLATIVE SERVICES BV\WALtER J. GRIBBEN* ROGRAMS for the exparision aqd im- by an.individually staffed special (onimii- Pprovement of legislative services con- tee; in eight States the work is dpne by tinued at an accelerated pace in the standing committees of the Legislature 1966-67 biennium. During this period which have professional staff services; state legislators began to experiment and in three States budget review is pra- with new ideas in research operations vided by a separate board or commission, and the organization J^nd training of 'Nearly half the present fiscal services .service personnel. Particlilarly significant were added or expanded during the, developmentfiscal servicess, include^'^rapiinstitutionalizatiod growtn ofh rein ha1966-6s include7 bienniumd the following^ Action: in this period search activities, consolidation of service Arizona: crca^on of a Joint Legislative Budget agencies, and production of specific pro Committee. . grams for legislative staff training. Florida:, addition of an audit and appropria tions ^cpmmittce to the Legislative Audit Commit FISCAL SERVICES tee, formerly responsible only for post audit ac tivities. . " * One of the most difficult tasks confroint- Georgia: expansion of auditing services to in ing state legislators is control of the pub-, clude budget re^leWi lie purse. As representative's of a socially Hawaii: addition of a Legislative Auditor for budget review purposes, • aware and resjponsible society, they face Idaho: a Legislative Budget and Fiscal Com constant demands for large sums of mittee added by the Legislative Council. riiohey and ;the need for expert evalua Indiana: budget review services added in the tion which/such demands entail. At the Legislative Council. v. vMichigan: a legislative fiscal agency established same time they confront a complex inter for budget review. governmental spending structure in Montatia: rf Legislative Fiscal Review Cominit- which state activities must be cordinated tcc created, with a professional fiscal«analyst. with more than 400 federal aid programs North .Dakota:^ provision made for a budget ..«,! ,„;fV. tu^ ^o«,io ^^A ^o^»^vxir„;u;i;*:«„ ' committee to work with'staff of the Legislative and With the needs andj,esponsibilities^^,3^^r,h Commission on budget-matters^ . ; ' of Gounty.and municipal government. South Dakota: fiscal review responsibilities Most legislators are not trained for given to the Legislative Research Council. Pennsylvania: minority appropriation"commit such budgetary intricacies. For a time the tees established in House and Senate, with pro Legislatures relied heavilv for advite fessional staff seirvices. upon executive budget officers, but in re Tennessee: fiscal review committee created. cent years they began searching for Utah: Legislative Budget Analysis Committee budget service.s with gieater legislative established. ' Wisconsin: Legislative Audit Bureau added to orientation. Thus has come into being a service agencies. corps of legislative budget specialists, often called fiscal analysts, who serve as Niore traditional in the service of State . advisors to legislative budget committees. Legislatures ,is the post :audit fimction. Rv the end of 1967, budget review and The agency in charge of it reviews state similar fiscal services were available to spending after the fact, to discover errors Legislatures in all but ten of the States, and irregularities and to recommend In twentv-nine States. legislative fiscal more efficient procedures. Auditing serv- services are provided by a staff agency or ices now are provided in all States--in —'^—-— p=> nineteen by elected officials, most of *Mr. Gribbcn is Mitlwcstern Regional Director ^..j^ ^^ ^^ generic title: in twenty-four of the Conned of Stat^C.ovcvnments and Secre- •, — ° • i t i T - i- ' taTy of the Committee on Legislative Rules of the '^Y Ol"Gers appointed l)y tlie Legislatures, National Legislative Conference. and in nine by gubernatorial iippointees. • . m '•T> /. .^ I \ •v :•• :-^ LEGISLATURES AND LEGISLATION 69 \n an especially significant addition dur To some extent, legislative councils ing the hiennium, the Montana Legisla were an extension of the legislative refer ture establislied a Legislative Audit Com ence bureau movement, which begaji,in mittee as a peiTQanent legislative service Wisconsin in 1901 and by the 1940's had igency, with a Legislative Auditor as staff spread to two-thirds of the States. These director, agencies supplied legislators with needed information based upon staff service in RESEARCH AND LEGAL SERVICES the forai of spot research as well as more 111 most States, the pririicpal respon extensive research activity. They as sibility for legislative research lies with a sembled specialized collections of refer- legislative council or agency of the legis- ence materials, often employed research lative council type. Usually the council is staffs and, occasionally, bill drafters. In a pemianent, bipartisan, joint committee most cases the bureaus were associated of legislators, which meets peribdieally with library activities not restricted to between sessions, considers a wide variety legislative service, although, a few were of problems expected to confront the more closely attached to the legislative next session, directs staff research on the branch (those of Delaware, Illinois, problems, and (in more than two-thirds Ohio, "Pennsylvania and Wisconsin). of the councils) recommends specific Their relationship to the council move- courses of action for legislative considera- irient can be seen in tjie fact that some tion. Most councils have permanent re- States—Alabama, Arkansas, Florida, Iowa search staffs; most of them undertake and Massachusetts—created a legislative studies off their own initiative, in addi- reference or research bureau or service tion to those authorized or directed by concurrently with,"and as the staff agency the Legislature. In some cases, the. coun- . of, a legislative council, cils also provide an assortment of other, Legislative reference services are now services, including bill drafting, reference provided in all States e^ccept Alaska. In and legal counselling, and are available 1966-67, the Illinois State Library added for. spot research when. sessions are in a formal Legislative Reference Unit, to progress. function in addition to the Legislative The first successful council was estab- Reference Bureau (established in 1913) lished in Kansas in 1933. By the end bf and the reference services of the Legisla- 1967, there were councils in all States ex- tive Council. The Indiana State Library cept six: California, Hawaii, Mississippi, also added reference and spot research to New York, Oregon and West Virginia. its program of legislative assistance. The most recent addition was ih Dela , Other formalized legislative staff serv ware, where a coimcil was activated in ices include :- 1966—composed of two members each Bill drafting—now provided in all from the House and Senate and six mem States except Utah and Wyoming. In Ne bers ex officio. . braska, this function has been transferred .Membership and term. provisions in from the Revisor of Statutes to the Legis council acts were changed in nine States lative Council. during the biennium. Members were Legal counseling for legislators and added; in AlabamarArkansas, Kentucky, committees—provided by one or more Maryland and Washington. The numbers .staff agencies in thirty-eight States. In of Senate and House members were re- 1967, the Utah Legislature created an of- diiced in favor of an increase inex officio ^'fice of Legislative Counsel by statute, but members in Illinois, Indiana and Utah, ;. the Attorney General contested in a court while tlie reverse occurred in Wisconsin, action, claiming interference with his> In Alabama the membership term also constitutional powers as the State's legal was changed, from two to four years. Ne- advisor. The statute was upheld in a braska, Oklahoma, Pennsylvania and lower coiirt. . ' < SouthDakota continue as the qhlv States Statutory revision—now >i staff function in which all members of the Legislature in forty-two States. In 1966-67. Florida are members of the Gouricil. • and Michigan established'of activated o :./—^ f •-/ • X 70 THE BOOK OF THE STATES new Law Revision Commissions, and in have access to the facility on an individual Nebraska the responsibility was shifted inquiry basis. from the Suprenie Court Reporter, who The National Legislative Conference had acted, as Revispr of Statutes," to a new research liaison group also is arranging Division of Statutes in the Legislative for similar services on completed research Council. projects. The committee plans a one-year .Among other developments of note: pilot program, the results of which will In 1960, Utah established a Joint Legal be .evaluated to establish guidelines for Services Committee as a permanent legis future efforts. lative service agency, to. perform siich fimctions as bill drafting, formerly a re CURRENT TRENDS sponsibility, of the Legislative Council, Legislative improvement^ programs statute revision and preparation of sum-. brought about\two developments in 1966- maries of bills and laws. Council activities 67 that are of Isubstantial importance to were to be confined wholly to research . Huture legislative services: unification ancl makers. Utah voters, however, rejected a consolidation of legislative service agen pro'^IDosed constitutional amendment cies, and initiation of tr^iining jorograms which would have permitted staffing of for legislative staff personnel. interim comrnittees.. . The staff consolidation movement be At its 1967 session, the Illinois Legis gan in Michigan in 1965. Its Legislature, lature authorized twenty staff positions acting under constit;utional mandate, for assistance to majority and minority • adopted a broad statute'which established leaders during sessions and general com a Legislative Council, recreated a pre mittee services between sessions. Tlie existing Legislative Service Bureau with Legislature also made legislative intern a staff relationship to the council and as ships a pemianent part of its staff pro secretariat of the Interstate Cooperation gram. The use of interns dates.Irom r96,^,. Commission, and established two new under a cooperative arrangeniient with Services, a Law Revision Commission, and the Ford Foundation. ' a Legislative Fiscal Agency for the. Senate The New York Legislature has-autho Appropriations Committee. The Director >t: rized a graduate center for legislative re- of the Legislative Service Bureau is the search .in the State University of New department head for all of'these except York Graduate School of Public Affairs, the fiscal body. i he center will be funded by specfic ap In 1967,\ the Indiana Legislature took "?» propriations; it, will be supervised by a substantially similar action. Jt created a ^rcommittec composed of four legislators: Legislative Council tmd merged with it and three faculty members appointed by the preexisting Legislative Advisory Com '^^ the Dean of the Graduate School. Person mission arid Legislative Bureau. The ex nel and facih'ties of the center will be panded council is responsible for all bill, devoted exdiisively to legislative use. drafting, statute revision, preparation of Qf interest also in the field of legislative summaries, spot and substantive reseaich, , research is a new technological program and budget review. Only continuing'fiscal . cst •Sk. I •. LEGISLATIVE COUNCILS AND COUNCIL-TYPE AGENCIES: ORtJANIZATION AND MEETINGS Statute regttires ' , r , . • . representation of Meetings A- f — : r \ Officers required Number of members Selection of members elected Con- "^ At „. ' ' ) •• -^ ^, by > gres- least.^ "-'- Re pre- Ex- Ap- Ex- • Term Politi- sional member- • Year Sen r senta- officio pointed officio {no. of guar- On : cal dis- . ship • terly call State Agency createJ- ators tires or other Total (a) (b) Other yrs.) parties tricty Other (0 Alabama:." .. Legislative. Council. 1945 ' 4 6 . S • 18- .8(b) . 10(d) ' •'• • • Legislative Council 1953 4.' .4 -• .2 10 '2 Alaska... , • ",8 ', •• 2 , ••,••-. * Arizona...... Legislative Council'. .1953 f> 6 . . 12 12 2' • ..: (f) • .. • Arkansas Legislative Council 1947 . 9 17 • 4 . 30 2(a) •4(b) . , 24(g) (h) • Colorado...... ' Legislative Council • , 1953 VS. 6 2 13 ' 2' • .. ' ' • 11(0 (i) . • • '• Connecticut Legislative Council 1037 . . . *6 .12 6 ,24 6(b) . . lS(k) (h) • -• Uielaware ....'.,. Legislative Council ; • 1966 .226 10 •4'(a) 6(b) . ... (j) .• .-.• . ..• (c) : ... (m). Florida....;...... Legislative Council. • 1949 12 12 • . 2 26 24 2 • .. • - (1) • .. • •.. ...\ • Georgia Legia. Services Comm. .^ 1959 ... • • • .. . 10 • 10 10(b) ,..;• • (n) ' ••'• • (if • • .' (c) Idiaho..;...... ; Legislative CounciL • ~ •'• 1963 4 4 6 14 's 6(b) 8(k) . .• • (0) .. : Illihpls...... Legislative Council 1937 • »• . .8 -5 •'^•• • 21 16 •5(b) .. • • • • 4 .3 10 Indiana. .. Legislative Council • 1945 . 17 17(a) 10(b) ... :• (!.)• (c) ' •• • • ' " .^, Iowa. Legis. Research Comtii. 1955 - • 5' 5 6.- •• 16: , 10 6(b) • 2 • • -.: ,>..;• • 2 M Kansas:..'...... Legislative Council' 1933 10 . 15 2 . 27 . • 25(1) . •• t- • •• (c) • : 1936 14 •^ Kentucky....;.. Legis. Research Commii. .. .. 14 '., 14(b) ^ •.,'. (n): • . :;. "• .. • " fc) Louisiana:...... Legislative Council 19.52 •8 : ..8 •• 2 , ^ 18 16 2 A- . (0) .. .-•• -•••• • Maine...... •Legis. Research Comm. . 1939 7 ..10 2 • 19 -17 . 9 ,••• • •'.., - . . - • • •' Legislative Council "1939 10 11 9 30 21(i) Oi)^ .• .. • (0 •., Maryland...... • ^9"^ : '•'• (c) • Massachusetts.. Legisi Research Council 1954 4 8. 12 . 12 (i) • (c) • ' Michigan..... •.• Legislative Council - . ' 1965" 6 . 5 • 3 ; 11(a) "3(b) '.'. (j) • • • ...• .• Minnesota Legis: Research Comm. 1947 8 8 . . 16 8(a) .. , • 8(p) (r>) • ••„•• , 10 10 . . . 20 •^ •....-.. Missouri...... Comm. on Legis. Research . 1943" 20(a) (j)- •• . Montana... Legislative .Council 1957 6 6 . . 12 12(a) . ( :"> • Pennsylvania:..,; Joint State Govt: Commn. .1937 50 20.r 253 .;. . ,253(3) (u) (c) (V) 0 .. Rhode Island:.. Legislative Council 1939 3 • .4 • . . .7 . 7 ;*•• South Carolina.. Legislative Council • 1949 ..5 5. ".5(b) • ;: ("n) - • •' • ..; (w) South Dakota... Legis. Research Council 1951 • 35 .• ,75 .. 110 110(3) (3) (c) (x) . (x). ; ,/ m iTcnne&see, ..;.....•-Legia. Council Comm. • 1953 •8 • •V14.-; 2 24 22 2 (J) (y) Texas...... : Lesislaiive Council . ^ 1^49 iS ; 10^ 2 17 15 2 • Utah,.-. ..V. Legislative Council ^1947- !:i • V 8-3 ** • 16 16(a) 2 (c) Vermont ;•;.... Legislative Council '1965.' .7 • .* 7.-' . 2 16 14(i) _^ 2 • • Virginia..,,... . Advisory Legis; Council 1936 •5- W- 14 14 (lo • Washintiton State Legia. Council 1947 14 IS 14 43 29(i)- 2(b) 12(z) ci) • • • Wisconsin...-.' . Joint LeKis. Council , 1947 3 • 5 11 19 8(3) . Il(b0 • • Wyomlnft. ...' Legislative Council (aa) '. 19S9 -8 j 8 2 18 16 2 '^ T • (e) (j) « ,• (a) AppointmcntR HD'council are niaile by President of Senate and Speaker of House for Wistonsiii: Members of Joint Conmiiltce on Legislative Organization (President their respei:iive tioupea unless otherwise noted, ns follows: . . . . "' Pro Tem, Speaker, Majority and Minority Leaders of each house); Speak At,)vUnsasi„By Cfovernor, one from each htjuae. tt) represent him on the council. (^ er Pro Tem; Chairman and riinklng minority member from each house IJeWivi'Si*) By President l'ro*rem;.S|«euker; Minority Leader of each"^ 'house . of Joint Committee on Finance. •, Indiana: iBy Kjesidenl (three) Speaker (two); Minority Leader of each house (one (c) Officers of the council are electetl by its inembers Unless otherwise noted as follows: Delaware, Oklahoma: President Pro%Tcm and Speaker alternate as Chairman and , ieach):\ ... • . ...' " c Vice Chairman. • •-- Michigan; In ^hji, same .manner as standing cominitiets are apixiinted, for Sen- Georgia: Sjicaker iii Chairman; Secretary of Senate is Secretary. J ate; Speaker. ' . ' . • Indiana^Kentucky: President is Chairman. _, . .Minnesota: By Speaker, for House. ' Kansas, Maryland, Texas: President is Chairinarn Speaker is Vice Chairman. .Missouri,jNorth Carolina, Ohio: liy President Pro Teni; Speakr-r. In North Carolina, Massachusetts: tlhairman appointed, by Senate President; Vice Chairman appointed !• _ Senate President;' if elected by Senate, makes ap- Ify Speaker. • , ' " S ' pointments. • • ''" I • " ., -North Carolina: President Pro Tcm and Sneaker are Co-Chairmen. Montana,'New Mexico, V('isconsin: BjWjJcnate (Jomrnlttee on Committees; Speakei , In Wisconsin, Scnateniembers muiist^b e conhrnied Pennsylvania, Soiith Dakota: Chairman cliosen by executive body. '^s^- ' • ". • by Sciiate.' '. (d) Elected by respective houses. , . . ' «;w Harrtpshire: Includes non-legislator citizens appointed byeGovernorirr (two-oCmajor- (e) Meets promptly after appointment ami on call thereafter. .' i ity party, one of minority party). ' < (f) .•\ppointees represent all .sections of the State, Utah: Eich party caucus in each hotise recommends four. Number must include ((g8 ) Six Senators and twelve KcpreBentaiives elected (by Congressional district caucuses Pri^ident of Senate and Speaker of House, and if either chooses not to serve he m their respective hou.ses; two Senators and four Keprcsentatives chosen at large by entire appoints a member from hitt house. membership of their respective houstfs. ... Ex Officio members^of- Council are Plfsident of .Senate and Speaker of House^Or (h) < Members serve until next regular session of I^eglslaturp. respective houses, unless otherwise noted as follows:' • (i) .Appoiutmenta subject to approval by re3i)0ciive houses. .Alabama:! President; President Pro Tcm; Speaker^ Speaker Pro Tern; Chairman (j) Members serve for term of otFice in Legislature and/or until successor is appointed, 1 of Senate I'iiuince iind Taxation Committee; Chairman of House Ways (k) Selccte ft ^ - • . • I • V .• • - • • • PERMANENT LEGISLATIVE SERVICE AGENCIES :• " —• , "' " * • > ... Legal . Recom- Continuous Refer- Bill coun- pares' mends • stuly of Budg Leg Date • enu drafting • : • f seling bill substan- Pre- state'reve- etary isla agency . library for Statu- for and tive legis- pares nues and review tive ~Siale or estab- • , - facili- It'.gis- lory legis- taw suin- lative research . Spot expendi- and post other jurisdiction •lished Service agency. lies lalure revision lators maries program •* reports research » tures analysis caudil Alabama...:..!., 1945 ^Legislative Council 1945 . Legislative Reference Service* • 1947 Legislative Committee on Public Accounts — — — . — — • 1947. Department of Examiners of Public • • Accounts't .^ • ^•~ 't' ^ . • ..' Alaska. 1953 Legislative Council •- 1953 Legislative AfJ airs Agency* •< • • i- * * • ; • 1.9,55 Legislative-Audit Committee ^ •ff 1955 Division of Legislative Audit\ — • — • — . . -^^ . "•"' • Arizona. 1953 Legislative Council • • • — • • • — ' — .— 1937 . Department of Library and Archivef^ • 1966 J.oiut Legislative Budget Committee .— «J "~~" • •k • — 1950 Post Auditor — , ^ — , — — — • • Arkansas. 1947 Legislative Council • -• • (a) 1947 Bureau of Legislative Research* • Ir . • • 1953 Legislative Joint Auditing Committee • • 1953 Division-of Legislative AuditU • ">3 (^Ufornta. 1913 ,s Legislative Counsel Bureau — , — ' — ' • • . * " ". tt-. 1904 Administrative-Legislative Reference Service ' • (State Library) 1941 Joint Legislative Budget Committee •*. • • • . • . • • 1953 Law Revision Commission 1955 • Joint Legislative Aud'it Committee •'- • • 1955 Legislative Audit Bureau] ^^ • 1961(b) Off ice of Research .-'* . • • • — — (Assembly Rules Commiltee) • Ck>lorado. 1953 Legishtive Council . *' • - • — — 1927 . Legislative Reference Office • (Department of Law) ~~--, V . /• •\ •. 1951 . Committee on Statute Revision • 1956 Joint Budget Committee : *• • 1965 Legislative Audit Committee, Connecticut. 1937 Legislative Council - • • '1947 '• Legislative Research Department • 1907 Legislative Rejcrntfe Unit (Slate Library) 1902 Auditors of Public Accounts, • Delaware. 1966 Legislative Council \ ' 1945 "^Legislative Reference Bureau • • • fr. . Florida. 1949 • .Legislative Council • 1949 Legislative Reference Bureau* • • • 1939 Statutory Revision and Bill Drafting • • • • Department (Legislative Rejerence Bureau) 1955 Legislative Appropriations atid Auditing Committee (I.egislaiive Council) 1967 , Law Revision Commission X - _r /• Georgia 1959(b) Legislative Services Committee — — ' — — — 1959 Of/ice of Legislatile Counsel* ^ -k -k *~T*r ir k 1914j;c) State Library ir — — " — — • 1923 Department of Audits and Accounts — — — — — Guam.;...... "1959 Research and Public Relations Division -k — — — — • 1950 , Legislative Counsel to the Legislature ir lAr * ir ir • • • pl957 Legislative Fiscal Analyst . — — —, — -^ • • • — Ha\tall. 1943 Legislative Reference Bureau -k k — — ir 9 . ; 1959 Revisor of Statutis y' — : — k ' — — ' 195.9 Legislative Auditor ,'"' • '•— •— — .— . — • • c '• • Idaho. . 1963 Legislative Council * * ;— —. - — • • 1967 Legislative Budget and Fiscal Committee — .— ' '— • — —« • — (Legislative Council) ' - Illinois....'. 1937 Legislative Council " — — ' — • — ' ' 1913 Legislative Reference Bureau •*• k ••. ir k k • 1937 Budgetary Commission — — — ' ,— -r- • •' — 1957 Legislative Audit Commission • '' '. — — — • — — • (d) — .•( — — —- — —' 1955 Legislative Research Bureau* k ir — . ,"< k ' — • 1939 Legislative Reference Bureau ir — '•— • — — • (State Law Librar^^ ' 1951 Budget and Financial Control Cominiltee — — ,.3- • ' — — V 1961 Office oj Legislative Fiscal Direclor'\ • it Kansas...-, 1933 • • 1909(c) Legislative Council ' '_ ' k — — • -r - — State Library . k — • 1929 Revisor of Statutes — •*• • • • Kentucky. 1936(b) Legislative Research Commission •. ' k k • • 1966 Legislative Audit Committee — • — /— —» — (Legislative-Research Commission) ,: • / Louisiana 1952 • Legislative Council -- •*• /— k '"- k • • 1946(c) State Library k — « • ~^ — ' — • 51938 State Law Institute — — ' •*: — — 11962 Legislative Budget Committee , . — — .." ' — — — • • '1962 • Office of Legislative AuditorY — — — — . — Maine.. \ 1939 Legislative Research Committee — * .* •*• k • 1917 Legislative Reference Section (Stale Library) -k --' ,—zi ' •— — k • 1907 • Department of Audit — • '-rf .-C — Maryland. .> 1939 Legislative Council — k • 1916(b) Department of Legislative Reference* k i • -\ 1947 Stale Fiscal Research Bureau — — ' -?• ' — k • (Dept. of Legislative Reference) • ''• • 7 State Library k • • — — " r— Massachusetts. 19S4 Legislative Research-Council ••, — — — —'• k 1954 Legislative Research Bureau* — - — -f— — k 1908 Legislative Reference Division (State Library) -k — — — • Satate Counsel — . ir k . ir • House Counsel ' — , ir • ir ir 1946(e) House Ways and Means Committee « — ' — — -k Senate Ways and Mcaps Committee — — — — • •••^ PERMANENT LEGISLATIVE SERVICE AGENCIES—Continued Legal Pre- Recom- : Continuous Refer Bill coun- pares mends study of Budg- Leg iDale ence drafting seling bill substan- Pre slate reve- ' etary isla agency library for Statu- . for • and live legts- pares nues and review tive • Slate or 'estab-, facili- legii- tory legis- ' law sum- lative research ' Spot expendi- and . post ether jurisdiction lished: Service agency • nes lature revision lalors tnaries program reports research tures analysis audit Michigan. ••'. 1965 Legislative Council • : 1941 Legislative Service Bureau* • ~* : 1965 Law Revision Commission • • 1965 Legislative Auditor General. " •[ 1965(e) Senate.Appropriations Committee • \ 1965". Lfgislative Fiscal Agencyf —^^ • Minnesota. 11947(b) Legislative Research Committee • — • . • — — ,..:.'' State Law Library — • - — — !1939 Revisor'of Statutes • — • • —. — ; 1964(e) Senak Finance Committee ' • • i 1965(e) House Appropriations Committee . —^ Mississippi. State Library — • — — V 1944 Revisor of Statutes (Department of Justice) • — • .1955 Commission of Budget and Accounting . * •-J Missouri...... 1943 Committee on Legislative Research • • . • • ,. - ;i965 Committee on State Fiscal Affairs ^ ' • CT Moctana. 1957 Legislative Council • 1067 Legislative Audit Committee f ,*• • ; . : 1967 Legislative Fiscal Review Committee^" •_- • * Nebraslca.., 1937 Legislative Council . *' • • • * • ,• Nevada.....: 1945 Legislative Commission • i 1945 Legislative Counsel Bureau* • • • • .• •*• • State Library • y^ — . —T • — —' Ne\f Hampshire. 1951 Legislative Council — — 1963 GfJ ice of Legislative Services • • • 1913 Legislative Service (Slate Library) — . * — ; 1947 Legislative Budget Assistant — • • — .• ! • New Jersey. 1954 Law Revision ap,d Legislative — • — • — '. Services Commission 1954 Legislative Budget and Finance Director — • .. , • • • Law and Legislative Btefe^ence Bureau (Division of the St<^e Library) 1933 Department of State Auditor , "hjew Mexico.. 1951 Legislative Council 1951 • Legislative Council Service* • 1957 • Legislative Finance Committee • 1965.J Legislative Audit Commission " New York JLegislalive Reference Library (StaJe Library) igoi' legislative Bill Drafting Commission • 1934 Law Revision Commission -^ 1959 Office of Legislative Researchd) '^ ^ V . / v r (. • :_North iCaroUna... 1963(b) Legislative Research Commission — 1945 General Statutes Commission. .,• • — • (Department of Justice) . j 1939 Division of Legislative Drafting b" Codification —• of Statutes . i . {Department of Justice) ~N 1947 Revisor oj Statutes {Department of Justice) — • State Library ic 1931 Institute oj Covertiment, University ' ' — of North Carolina ; • ^rth Dakota 1945 • Legislative Research Committee -k • • • 1963 Legislative Audit and Fisca^ Review Committee.— Ohio..:.. 1943(b) Legislative Service Commission if • .ir 1910 Legislative Reference' Bureau ' ic • • 1939(b). Legislative Council —' • • <-v- • 1951 Legislative Audit Committee {Legislative. — . - Council) ^ -, 1965. Division of Bill Drafting and Statutory — Revision {Legislative Counci 1917 Governmental Services Branch ' . , ir • {Department of Libraries) Oregon...... 1953 Legislative Counsel Committee -^ • 1913(c) Stafe Library •*• • 1959 Legislative Fiscal Committee — Pennsylranla.... . 1937 Joint Stale Government Commission ic • 1909 Legislative. Reference Bureau ic • 1959 Legislative Budget and Finance Committee . -— •J 1874 House Majority Appropriations Committee ic • • • ^3 1966 House Minority Appropriations Committee ic • -A- • 1883 Senate Majority Appropriations Committee ic • • • 1966 Senate Minority Appropriations Committee ic • • • . 1954 Office of Legislative Services ic i* • 1950 Commission for the Codification of the Laws 1954 Joint Legislative Committee on Reports . • — Jrom the Controller . 1952 " Off ice of the Controller f — Rhode Island . 1939(b) Legislative Council ' '^ ic 1907 Legislative Reference Bureau {Stale Library) ic i- • • "Assistant in Charge of Law Revision — • • . {Office of Secretary of State) ~1 1939: Finance Committee of House ofJRepresentatives — South Caroflna.. . 1949 Legislative Council • ' ic • • • 1954. Code Commissioner — • South Dakota... . 1951 Legislative Research Council- ic • • ic -A- » 1951, Revisor of Statutes • • — 1943 Department of Audits and Accounts . 1953 Legislative Council Committee- ' • ic State Library and Archives ic 1953 . Code Commission • j> 1835 Department of Audit • 1967 Fiscal Review Committee • . 1949. Legislative Council 7. •A- ic 1909 Legislative Reference Division {St:::e Library) • • • 1949 • legislative Budget Board' • • (a) '•' 1943 Legislative Audit Cotriniillee ' ' '• • . \ i^' • U t J'- NX. PERMANENT. LEGISLATIVE SERVICE AGENCIES—Concluded Legal Pre- Recom- Continuous Refer Bill coun pares mends study of Budg Leg Date ence drafting seling bill substan- Pre- state reve- , etary isla agency library for ^Statu- .for and live legis- pares nues and review tive .: State or • estab facili legis ''"'• tory legts- law sum- latiie. research Spot expendi and . post other jurisdiction lished Service agency ties lature revision . la tors maries program. reports research tures analysis audit Utah...... '1947 Legislative Council • — — . . — .. -^' 1966 Joint Budget anil Audit Committee 1966 Joint Legal Services Committce{)i) • • --• State Library . ^- „' . • if 1965 Legislative Council '•• •k • • • • 1957 Statutory Revision Commission. •,' • Virginia...... 19.36 Advisory Legislative Council 1914 Divisiono.f Slalulory Research ,iw./ Drafting *> • • • • 1948 Code Commission . t • • 1928 General Assembly Auditing Committee ' '^• — """" 1928 • Auditor of Public Accounts^ • Virgin Islands...... '.. Legislative Counsel • •.' • . , '" • -•" • • • - Legislative Council J Washington: . 1917 • • • • •""' . * State Library '•• . .• ' .. ' - 1951 Legislative Budget Committee . ,.-••; • •if- 1951 Statute Law Committee- : •, ' • •' .«j West Virginia... . 1947 Joint Committee on Government and Financed-., ) — , 00 . • • 1953 Legislative Auditor {Joint Committee' •J f on Government and Finance) * 1965 0/jice oj Legislative Services {Joint • ^^ ' Committee on Government and Finance) > * » Wisconsin... . 1947 Joint Legislative Council •""*" 1901(b) • Legislative Reference Bureau • • . z. 1909(b) Statutory Revision Bureau 1966 Legislative Audit Bureau Wyoming..... 19S9(b) Legislative Council Stale Library l'9S9 'Statutes Revision Commission . •Ajfency which provides staff aervicM for legislative council or council-type agency, by not activated until 1947; RhrKle Island: Legislative Councd created ioB^39, not activated un Btatuiegiven a different-name, in twelve Stales. til 1959; Wisconsin: legislative Reference Library created «! 1901. nahie changed to tAgency which provides staff services for legislative fiscal review or audit committee, in Legislative Reference Bureau in 196.3; Revisor of Siatutea creaicil in 1909.'name changed to eight States and Puerto Rico. Statutory Revision Buceau in 196.?: Wyoining: Legislative Research Committee created in (a) Also reaponaible for preparing a state budget. 1959, replaced by Legislative Council in 1961, but imiciive since 196.?. ' ' " . (b) California: Assembly Legislative Reference Service createtl in 1961, combined with Chief (c) Year legislative reference services were first provided within existing libr-iry agency. Consultant's Office to form As.senibly Office of Rese.irch.in 1967; Georgian Joint Committee (d) Illinois also create •?*•• Lep:islation "•OA- TRENDS IN^ STATE LEGISMTION, 1966-1967 \ _C- EGisLATURF.s of tweuty-four States met a suppleltieiital appropriation approxi in regular sessions iii 1966^ and of mating .§200 million. . I-^ forty-seven in 1967. in addition, . Considerably more than half of tlie more than half of the Legislatures had Legislatures increased taxes during the special sessions in one or both years. two years.' Highlights included initiation Many chapters elsewhere in this vol-. of sales taxes in Massachusetts, New Jer-_. ume, on diflerent-subject fields, include sey and Virginia in 196.6, and in; Minne treatment of rffeasures enacted in those •• sota and Nebraska in 1967; voting of in- fields. The following pages present a few dividiial^ncpme taxes'for the first time by examples and point to some of the overall the Michigan and, Nebraska Legislatures trends of legislation during the bien- in 1967; and launching of corporation in nium. . '• come taxes the same year in those two State budgets throughout the Nation ' States and We.^t Virginia. werCi^gain at recoi;cl highs, in line with, Besides thesnew sales taxes, Action of the pattern of many years as populations . 1966 included raising of cigarette taxes in and requirements for sei-vices have two States, the gasoline tax in one, and the grown. Widespread -legislative action to diesel fuel tax in another. Among 1967 increase revenues iriduded initiation of highlights other than the new sales and ' general sales taxes in five States and indi income taxes were raising of general sales vidual income taxes in two. Numerous taxes in ten States, individual income Legislatiires adopted measures to mod taxej^i'n six and corporate income taxes'in ernize and improve slate, governmental nine. There were multiple increases of, Structures and administration. And there tolkcco and inotor fuel taxes.' was much nationwide legislation to ex « pand,and strengthen public services. GQVERNAIENT ORGANIZATION . Unusual attention was given by LegiB- ^: ' . ' FINANCE, latures to means for broad constitutional . The largest of the record budgets revision'. Ainong measures adopted in adopted in the biennium was that of Cali-; 1967were Illinois and New Mexico prp- fornia^ 1967 for the .year ahead—$5.1 visions.for 1968 referendum's on prd'posals billion. This compared with a little less to hold constitutional conventions. The than |4,2 billion adopted in 1965. Next Ai-kansas session proposed to the voters, a largest was that of New York, voted in constitutional amendment whidi would 1967—§4.7 billion plus a supplemental » permit the Legislature to offer up to eight budget of $36.2 million; those figures constitutional amendments at a given compared with I.S.48 billion.in 1965 ancK election, as compared with the current limit of three. Similarly, the Montana ^ ^Including resumption of the 1965 regiiiar se?" ' Legislature. ^ proposed, a constitutional sidn in Wisconsin. e^ ifnd'er which its limit of three ,• / 79 -i- 80 THE BOOK OF THE STATES amendments'to be offered at any election which the Governor and seven other state would be raised to six. Constitutional elective officers now barred from succeed proposals for modernizing government in ing themselves would become eligible for varied additional ways were submitted by second terms. a number of sessions, and there were nu There was much legislation to merous enactments by Legislatures them strengthen judicial systems.'The means. selves for those purposes. ra*nged from provisions for new courts or More than a fifth of the Legislatures in more judges to steps for better court ad-, 1966 or 1967 adopted reapportionrnent ministration! Several measures*' adopted' i)ill§ qy proposed reapportionment plans or submitted to the voters were designed for action by the voters.,.The Idaho, Idwa, to improve judicial selection or to pro Nevada and Utah Legislatures of 1967 vide for removal |0f judges under speci proposed constitutional amendments fied-circumstances, j which, if approved at the^ JDolls> would A number of Legislatures adopted acts provide for annual sessions. Tin9&6,the to set or uphold ethical stiandards for Delaware session created a Legislative their own members or other elected state . Council; Colorado's provided for ap officers or employees. Numerous sessions pointment of a legislative auditor; Ken raised salaries or other benefits of officials tucky's .created a legislative audit conri- or employees iaone or more of the three mittee and an office orlegislative auditor; branches eof^gm'ernnient.'S thatdf Utah established a joint legislative budget and audit .committee with au •; SfRViCES . thority to engage a legislative auditor and analyst. Another feature of the bienniuin Education ''''"> - ' • \ '. • • •- . •' "\ "was creation of the Pennsylvania Legisla Education, as'has "been the case \for tive Da^ Processing Center in 1967. many years, received much more atten Enactments of 1966 relating to e.xecu- tion than any other service'field and ^a tive Jbranches included creation of a much larger share of the budgets than Budget Department in Arizona, an Office any other. Appropriations rose for the of Administration in the office of the Goy- schools at all levels, from elementary ^ C'rnor of Virginia, and a Department of grades through the universities. In several Automated Data Processing in New Mex cases specific provisions were made for in ico. South Dakota's Legislature autho creased xeacher or higher-educational fac rized establishment of a data processing ulty salaries. system. Colorado's submitted to the vot Action oh state organization included ers, and'they later approved, a coiisti- provision in Hawaii for eleetion of a State tutional amendment to consolidate.the- School Board,^replacing an appointive, executive branch into not more/tlian board, and submission of a proposed con twenty departments. stitutional amendment in JCansas to pro -Among notable legislation of 1967 w;i"s vide for an elective board of education, in creation of a State Department c^f Person place of an appointive one, and its ap nel in Connecticut, a Department of Ad pointment of a Commissioner of Edu ministrative Services in Idaho, a Depart cation. (The amendment/was adopted.) V ment of GeneraJ Services in Illinois, and a^ In addition to expansion of standard, centralized automated data processing de state colleges and universities, various partment in New Hampshire. AV^iscon- Legislatures adopted measures for growth sin's Legislature reduced the number of of junior ahd comnuinity college systems. state agencies from eighty-four to twenty-. Vocattonal education received special at eight. The Missouri session provided that tention in a number of States. As of the any executive reorganization plan sub end of 1967, thirty-seveh'Legislatiires had mitted by the Governor would go into adojjted the Compact for Education, un- » effect unless voted down by the Legisla der which the Education Conimissiori of ture within sixtynlays. Alabama's Legis the States seeks means for strengthening * lature approved for voterclecision a pro education at all levels; all,but oneof these posed consiitution:il amendiiicnt under legislative adoptions were in 1966-:fi7. : m LEG/SLA rUIiES AND LEGISLATION 81 ^ '•'troTiHovisions; One feature, in New York Health and IVeljare • legislation, was creation of a 'vehicle - In the health and welfare fields, Icgis- electrifiiration corporation to coordinate lation was pxtensive and highly varied, research on electrical alternatives (ogaso- As usual, acts to improve mental health line engines. Several sessions offered tax services were especially prominent. Tliese incentives for industrial concerns that in frequently included provisions for im- stall facilities to control water or air pol- proving community clinics or adding new lution or both. ones. A number of Legislatures adopted ' Kentucky's Legislature in lOGf) passed Medicaid programs, offering services to broad legislation.&r control of strip niin- medically indigent persons in connection ing. Its action included adoption of the with Title XIX of the U-S. Social Security Interstate Mining Compact, which was Act. There was much action designed to approved in the same year by Pennsyl- curb drug abuses, especially relative to vania's Legislature and in 1967 by North LSD and other hallucinogeriics. Several ft Carolina's. . sessions passed legislation to combat^mis- -'-^ ' treatment of children. Consumer Protection. ^ • The volume of coiisumer protection Highways, Highway Safety .-^s legislation was unusually large. Included, Among financial provisions ?lor high- in the two years, was creation of consumer ways, the largest was in New York, where councils in Connecticut, Michigan and the 1967 Legislature proposed and the Rhode Island and an office of consumer voters later approv'ed a S2.5 billion trans protection in New Jersey. Truth-in- portation bond issue, half of it to be de lending acts were adopted iri Connecticut voted IP highway construction. (Of the and Alassachusetts) truth-in-packaging remainder, %\ billion was for mass trans acts in Connecticut and Rhode Island, portation in major cities and $250 million and a truth-in-sales act in Massachusetts. for aviation.) At least eleven States in the Among subjects of other acts across the bienriiuni raised motor fuel rates, and country were installment contracts, small" there were nuinerous increases in autbmo-^ loans, insurance, and advertising, prac bild registration and driver license fees. tices. Indiana and Montana measures re Highway safety legislation promi leased persons from obligation to pay for nently included enactments authorizing unsolicited metchnhdise. : V •Governors tQ^"irry out programs related ^ Exceptionally extensive consumer pro to the National Highway Safety Act of tection provisions were adopted in Ha 19^6..Arnong other features, a number of waii. Tney included requirements that sessions set up mandatory motor vehicle ^idvertisers of installment sales show the inspection systems. New safety require full price,vinterest, other charges, and ments for motorcyclists were numerous in length of contract; regulations on adver 1967. Enactments "of the biennium also. tisement and sales by subdivision de- were frequent for improved licensing, velopers; repeal of a f.^r trade act; pro- stricter action to curb drunken driving, hibitioiii of offers of gifts or prizes by and expansion or improvement of driver telephone, salesn^en to stimulate sales; training. "^ banning of commercial debt adjusters; and additional features. , Natural Resources In the field of conservation and de Economic Development y < -. velopment of natural resources, measures • Among enactments designed to serve against air and water, pollution were economic development, several created much to the fore. It appeared that more new . state bodies. These included an Legislatures took a:ction on air pollution Alaska Business and Industrial Develop- in 1967 than in any previous year. Enact .ment Corporation, a Department of Eco ments included-setting up new divisions nomic Development in Nebraska', an of or agencies for its control iri a number of fice of economic policy and an economic Stat€s and stronger enforcenient and con- advisory council in New Jersey, an In- > •' •. •' -^ •• • • . /•- .;• • t • ^• •t, If .--^-^ 82 THEIE BOO K OF THE STATES dustrial Park Authority in Vermont, and have suitable homes to which they can a division of foreign trade in Washing return. . / ton's Department of Commerce and Eco nomic Development. An Arkansas Water Other Subjects ways Commission was established to Other important fields were subjects of promote and coordinate water transpor- much legislation in the biehnium. For ex- tatioh development, . water recreation, • ainple: and development of river harbors. Sev . Affecting labor, more than a fifth of the eral .sessions i'luthorized bonds for indus-. Legislatures raised minimum wages iri trial development purposes. A Mississippi V•^thci r States. Several banned lie detector special session dealt with projected con- "• tests as conditions of employment. Con- struction of a shipyard at Pascagoula; its. •^necticut legislation prohibited use of pro- action included approval-of a large bond .• Sessional strike breakers. issue to build and equip the yard; \ Many sessions took action designed to • > • . strengthen civil'rights. Included were en- • Laxu Enjorcement, Corrections • attments againstcliscrimination as re "Training of police or otlier officers was gards housing, public accommoclations, one aspect in several States of legislation Vind employment. One new law, in llli-; for improved law enforcement. Indiana nois, directed agaimt "block-busting," and Iowa provided for new law enforce provided up to five years imprisonment ment academies and Utah also estab for'i convicted "panic-peddlers." lished a police academy and training * Among measures affecting local govern program., A Colorado Bureau of Investi-' ment, several authorizing interlocal co gationWas created to help local enforce operation were prominent. Thus .the ment agencies in criminal investigations.. Arkansas Legislature authorized public In New Jersey a uniform crime reporting agencies, including counties and munici systerri was established under thie Attor palities, to exercise their powers jointly ney. General. Measures design'ed particu with other public agencies. Maryland's , larly to strengthen riot control were authorized counties to establish regional adopted in several States. councils of government to study problenis Rights of accused persons were subjects and formulate isolutions. Rhode Island's, •of. a number of enactments; new provi- authorized interlocal cooperation com- •^ sions for defense of indigents were missiohs-,to facilitate agreement among adopted.in six or more States. .... governments in providing,. ser\ ices. A In the field of corrections, measures for South Dakota act authorized local gpy- rehabilitation . stood out. ^V'ork-release. erhmeriital units to enter into agreement programs for prisoners were authori/.ed for joint exercise of powers. New bodies by nine or more, Legislatures in. the established in the biennium'inchided De- biennium. Among other enactments were partmentis of Community^ Affairs in Con provision of halfway houses to aid freed necticut, Missouri, New Jersey and Penn-" sylvania, a Department of Urban .\ffairs •J , •! ^prisoners in Illinois, a rehabilitatioft camp, system and a pre-release, center in in Ohio and a Dispartment ^f Local Af Iowa, a resident treatment facility in IS'cw fairs and Development in Wisconsin. York for prisoners r^ady to be paroled, Laws relating to elections and..enact and authorization in Virginia to estab ments ill .tarious aspects of unifonii law 4 lish halfway houses for juveniles. who were, among other important fields, of." have completed their terms but do not action. . •~^-,>. i • I". . ><3 J&IRECT LEGISLATION, 196e-1967 LARGi: numbier of proposals were ment. The Florida electorate provided adopted by the people in statewide for the LegislatureVo meet for organiza elections of 1966 and 1967 as tion purposes on theVfirst Tuesday after a amendrncnts to coftstitutions or as other general election. ^ " . j)roposiiions subrnitted at the polls. One Tennessee amendment increased V'oters passed upon such proposnls in Senate terms from two years to fqur; an more than two-thirds of the States and other raised legislators' salaries to 31,800 .adopted them in at least thirty—most of a year and provided for expense allow them in the elections of November, 1966. ance's. California's voters fernoved legis The adoptions prominently included lative salary provisions froitiUhe consti provisions on structures, powers and pro tution. ' cedures of state legislative, executive and Constitutional aniehdments for legisla judicial branches. Many additional mea tive apportionment were adopted in at sures; related to local government, elec least half-a-dc«en States: Colorado, tions and. state, finance. A large volume of Maine, Montana, New Jersey, Ohio and ,t)ond issues was included. Tennessee. (The Ohio amendinent was The summary.that follows by no means voted in November, 1967.V ^'describes all of the enactments, but it '•.••; • ' •'.•.--•;- • .' •. indicates the scope involved. Unless otlv . ADMINISTRATION,-EXECUTIVE BRANCH crwise indicated, all adoptions reported Succession in executive office was the here were in elections of 1966. : subject of several important amendments;; One in I Louisiana made the Governor LKOISLATURES eligible (for two succeissive terms. Okla- Oklal^mA's voters adopted a constitu hoina^action also permitted the Governor tional juijejadment providing for annual to run for a second term, and made the sessions of the Legislature. An'annual ses Secretary of State, State Auditor and State sion amendment hkewise was approved Treasurer eligible to succeed themselves. at the polls m Neiv Hrimpshire, but {he Pennsylvania's voters (May, 1967) per- •'/ State Supreme Court lat€r declared;it in rnitte^-^Governors, excepting the present • valid on thegrounds'that the question oh incunibent, to succeed themselves for one. the ballot was worded 'ambiguously. In Jtmn and permitted »the Auditor General , California and Kansas, which already and State Treasurer to succeed"" them were annual session States, the people selves for one term. The sarne Pennsyl . provided for.annual general sessions in vania amendment provided for joint elec place of odd-year general sessions* and tion of ti?e Governor and Lieutenant. even-year budget.sessions. . Goyernorrand, with; other provisions af A Pennsylvania constitutional amend-, fecting the executive dJepartment, elin\i- nient adopted ii] May, 1967, made the nated the constitutionally vniandate<|l General Assembly there' a continuing four^year terni -of the Superintendent of. '^^body over a two-year period, comparable Public Instruction, so that he would serve^ to Congress. Among.other features, the atjbe pleasure of the Chief Executive. arnendment elirninated restriction of ses \ In Wisconsin (April, 1967) the, people sions in. even-numbered yeairs to fiscal ' increased terms of the Governor, Lieuten- i :> matters. A Louisiana amendment initi tiht Governor, .Secretary. 6f State, State ated a me'thod for calling special sessiQrts Treasurer'^and Attorney Jbenerai from to pei-mit the Legislatlire|:o consider bills Wo years to four—effective with officers. -.vetoed by the Governqr after adjpumi^ ,,..elected in ^910 and thereafter—and pro- :83 \ • !; •fl nil •J V-- 84 THE BOOK OF THE STATES vidccl for; joint election of the Governor tional aniendment, witli trial and appel and Lieutenant Governor from 1970 late divisions, having exclusive jurisdic ..on." , .' ••• . '-^^ tion to remove or compel retirement of In addition to Pennsylvania and Wis persons exercising conslitutiorial judicial consin, Massachusetts provided for joint powers. election of the Governor and Lieutenant Several amendments related to j.ustices 'Governor. " of the peace. One, in New Mexico, abol yil^iiong additional adoptions affecting ished the justice of the peace system ii? the executive branch," California pro favor of establishing a salar)^ system for. vided machinery, with safeguards, for re magistrates. A Wisconsin amendment re moving a Governor from office if lie is moved the.judicial power of justices of imable to carry on its duties. A Colorado the peace. XVyoming dropped ?ill consti amendment was adopted to. reorganize tutional references to justices, of the . the executive branch into twenty depart p^ce, clearing the way for. the Legisla ments. In Massachusetts the Governor ture to aboli.sji or greatly modify, the, of* was authorfzed to submit plans to the fice. Pennsylvania's voters authorized the L^egislature for reorganizing or abolishing Legislature to provide a three-month any .state agency—the plan to become law training ])rogram for newly elected jus automatically within sixty days of, filing tices of the peace (and alderinen) who'^are- unless rejected by either chamber. Louisi not lawyers. The training was to be at ana's Governor received constitutional state expense; the ailthoriz.ation does not : authority to require written information apply to Philadelphia magistrates" nor to and reports from all state executive.or ad justices of- the peace and aldermen al ministrative departments. ready in office. / ^ • . COURTS - LOCAL GOVERNMENT Colorado voters adopted a constitu •Constitutional amendments expanding . tional amendment providing for a merit locnl"^home rule powers were adopted, in selection systern forjudges of all courts of several States, including Georgia, Mary ¥ 1''- record; those of Oklahoma (in .1967) pro land, Massachusetts, New Hampsh.ire and vided for siich a system for Justices of. the North Dakota. •i: Supreme Court and Court of Criminal South Dakota eliminated county sur Appeals. In both States judges were first veyors as constitutional elective officers to be appoifited under the new plans, and made the elective office of County. their",,run without opposition on their Supdrihtefident of Schools optional for records at subsequent elections, - counties. Wisconsin . (April, ^ 1967) re: A Maryland amendriient set up a Com moved' a coiistitiitional limit on the mission on Judicial, Disabilities, autho number of terms a sheriff can serve. A rized to conduct hearings relative to! I^oiiisiana arnendment authorized the possible, retirement or removal of any governing authority of any parish or mu judge, aild to make rcconuriendations to nicipality to abolish any governmental the Legislature iri this connection. New body created by*it.. Mexico action. (November, 1967). pro- , Affecting local finance, Idaho's voters vided for a judicial'standards commission increased the number and typ'es of proj comprising two judges, two lawyers and ects cities and villages may finance.by ,' •five citizens who are not judges or Jaw- revenue;bonds; those of Maifyland liber-, yers. The commission is authorized to in alized Baltimore's borrowing power; and vestigate activities of judicial officers ajgd,_ a Pennsylvania amendment increased when necessary, recommend to the State debt ceilings of local goyernrnents. Supreme Court that they be disciplined, removed or retired. Amendments creat-.^ ELEcnpNs • ; ing -vjiidicial. qualifications commissions Residency requirements for voting falso were adopted in Colorado, Florida were reduced in several Statesr- aijd Nebraska. Iji Qklahbrna a court on An. Oklahoma amendment provided the judiciary jwas established by constitu that any United States citizen who was a \ / •?^. \ LEGISLATURES A ND LEGISLATION 85 • ' '".-'• » •..••' qualified voter of another State can vote moval from the constitution of a require for President and Vice President -al ment that'taxpayers file annual state though he has been an Oklahoma resi ments showing the real or personal dent less than the six months required in property they own-or control. Maine's other elections. A successful referred mea electorate (November, 1967) authorized sure in Noi^jth-Dakota likewise provided the State to borrow in ariticipation of that one whb Was qualified to vote in his taxes—a right already held by municipali previous State may vote for "President al- ties. . thoi.1^ he/has just moved into North Dakota. Washiftgton adopted a consti • BOND ISSUES • .: tutional amendment permitting other Numerous bond issues were approved wise qualified voters who have lived in by voters during the biennium. Largest; that State sixty days to vote in presiden of the issues—and the largest ever ap tial elections. A Georgia constitutional proved in a state election—was one voted amendment authorized the Legislature to in New York (November, 1967) totalling set different residence standards for vot- 32.5 billion. It included $1.25 billion; for ing eligibility in state and.national elec highway construction, .SI billion for mass tions. ' transit in major cities and S2.50'million In New York, the required period of for aviation. residence to qualify for voting in state Among provisions * for education elections was reduced from a'year to three adopted in 1966/Alaska's voters approved months.' Pennsylvania's electorate (May, more than §24 milliori in bonds for con 1967) reduced.'the residency reqliirement struction ofschopls and university facil for voting there from one year to ninety ities; California authorized $275 million days. - in bonds for school classroom construc New York also liberalized absentee tion and 3230 million in bonds for college registration by authorizing it for voters" and university construction; New Mexico who are away from their home commu voted for 542.5 Tnillion in state educa nities but are still in the State. A Penn tional institution bonds; Rhode Island sylvania amen^Iment (May, 1967), by approved an*^, issue of 512.3 milli'bn for dropping'the word "unavoidable" from higher educational facilities; and Wash the absentbe voting clause, permitted: ington authorizecl §57 million in bonds casting* an absentee ballot if one is away to construct higher educational and local from his voting district because of "duty, school facilities.. business or occupation." - Issues approved for other purposes in the same year included some 538 million FiN^ANCF AND TAXATION ' in Alaska for highway, airport and ferry [Sec also "Bond\Issues" below.) construction and outdoor recreation\ fa-; Among provision^ adopted by voters cilities; lip to 56.3 million in Maine for aiffecting state finances, Idaho approved a varied purposes including 51-5 million to refeiendum measiiresto retain a sales and match a Congressional appropriation for iise tax of 3. per cent, and;Massachusetts developing\the Allagash AYilderness Wa in a,similar referendiim uphefd continu terway; 5200 million in New York to ing its 3 per cent sales tax. In both cases acquire and develop state lands for recre J: the taxes had been initiated by the Legis ation; more than 522 million ,;in Rhode latures. ." Island for varied/wrpo:^es-^ther than New Jersey voted for night racing, with higher education, n«/tcd above; arid 5200, resulting tax revenue on betting, and milliori in general obligation water bonds New Hampshire approved retaining its in Texas. .' *• sweepstakes lottery. Several tax propo Bond issues approved in 1967', aside sitions approved in California included from the 52.5 billion New York- trans providing tax exemption for blind per portation issue rioted above, included 55 sons on property up to §5,000 in value; million for highway cpnstruction in increase of insurance company taxes by Alaska and more, than $26 million for a limiting allowable deductions; Jtnd vre- series of education projects in Maine; ^ ^- ""~^'-^-* ^• . /: 86 TME BO OK OF THtl S TA TES Texas -voters authorized $75 million in Oklahoma amendm^t repealed a section bonds tb finance acquisition and develop of the constitution requiring the Legisla ment of lands for state parks and recre ture to provide separate schools for white , ational areks. and Negro childreri, and still another • . • . ' • •• • .. ' •••'•'• provided for automatic suspension from OTHER ASPECTS office of elected officials convicted of, a, In additional action, Massachusetts felony, , adopted a constitutional amendment per- •Pennsylvania amendments (19G7) in- rtiitting use of state funds to.finance in corpo2*ated'in the constitutional declara-- dustrial expansion through tax incentives' tion of rights a guarantee against dis- , or construction of plants lo be leased to ;crimination by state or local government private industry. A Montana amendment because of race, coloV, creed or sex, and authorized the LegislatuijI to provide for authorized the Legislature to provide continuity of state and local government .compulsory arbitration'in labor disputes in event of enemy attack, jj^i/. involving policemen and firemen.' Wis- -* Oklahoma approved ain amendment consin voters (also 1967) ratified a const!-- under which school districts can join to tutional aiiiendmerit permitting state gether in financing and operating area transportation for private and parochial technical and vocational schools. Another. school childr'en. ;, ^ . ( V I ^ •; "^fef- ^ 4ai f • A' V. ^^' ry- •.' <^i ^•. -"^ o • i. ^- '***• r UNIFORM STATE LAWS BY. WILLI AM J. PIERCE* HE' YEARS 1966 and i967 were sig nificant ones for the National Con SUMMARY OF 1966-1967 ACTION Tference of Commissioners on Uni-^ -^ At its 1966 ^and 1967 annual meetings, form State Laws. In thgse'-. years the the National ConJiererice of Commission Conference engaged in fpurmajor under- ers on Uniform State Laws approved and • takings as well as in numerous other im promulgated the following uniform,-or portant but less time;consuming proj modelacts or revisions of prior uniform ects. . • • .• • : acts:" One of the niajor.projects was com 1066 pleted in 1966 with approval by; the C>on- I'iiifonn Land Sales Practices Act ference of the Model Anti-Discrimihatioh Model Anti-Discrimination .Act : ... Model Aefens'c of Needy Persons .Act Act. This act consists of two distinct legis Revised Uniform Deceptive Trade Practices Art lative proposals to implementtwo differ . Revised Uniform Disposition of Unclaimed ent types of jstate policy, one for States Property Act • , Revised Uniform Federal Tax Lien wishing to eq'act.a complete.-and modern Registration Act state law against discrirnination and the Revised Uniform Gifts to:Minprs.Act ' other for Stfates,; wishing to accept re- ' Amendments ;. sjx)n^ibility for enforcement of laws Revised Uniform Post-Conviction PrcKcdure prohibiting discrimination in public ac Act .• • ' •••,:. - • 1967 commodations and employment .in com Uniform^lertification of Questions Of.Law pliance with' the Federal Civil Rights Act • [ActHRnle] -~ of 1964. I . Uniform Rendition of .Accused Persons .Act The Conference also, has been en The Uniform Land Sales Practices Act. gaged in drafting a comprehensive Con approved iiv 1966, regulates promotional sumer Credit Code which will incorpo .sale of land'by requiring registration of rate in itself substantially all of the laws subdivided land and examination of pro regulating credit extended to natural per motional offerings. \ sons for personal, family or househokl The Uniformi)efense\of N^eedy Per purposes.. Tentative drafts- of the pro sons Act provides for a needy perst^n the posed code have been considered by the same right to An adequate defense in crim Conference at its annual meetings of 1966 inal cases as the person of means and, lb and 1967, and a third draft will be pre the extent he is unable to.pay, to have sented for approval at the 19^68 meet his defense paid for by the, State, ing. The iH?visions to uniform acts previ The two other major jirojects are the ously approved by the Conference were drafting' of a Uniform Probate Code for the purposeof eliniinating- problems, which williinify and refonn the law con- that have arisen since the approval of the cernedwith transmission of wealth at earlier versions and to aclapt them to re death, and an. extensive study of divorce^ cent developments. marriage and family law to detemiine the The Unifolin Certification of Ques desirability of drafting legislation in the tions of Law [Act] [Rule] assists federal fielt: courtsriii ascertaining state law when the state judiciary has not spoken definitively *Mr. Pierce is a Professor in llic University of on the matter. ' . ' • Michigan Law School and President of tiie Na-. tional Conference of Cbmmissioneis on "IJiuforni The- Uniform; Rendition of Accused State Laws. ' ' . Persons .Act provides foreffectiiating a re- ..87 •«r- * 88 THE BOO K OF/ THE ST A TES turn of persons accused of crime in an-, Uniform Acknowledgment Act » ;. other State and released from custody by Uniform Reciprocal Ehforcemcnt of.Support • Act' ; . "" • V. a court of that Sta»Ee, and whose presence Uniforni .Adoption .Act • in the State of enactment constitutes -a violation .of the terms'bf his release. / AN EXPANDING PROGR.\M • Because of the increase in its workload, CONTINUING COMMITTEE PROTF.GT.s the Conference has found it necessary to" .Conferenfe committees are considering expand its annual meeting from the cu.s- the possibility of drafting or are actually tomary five-and-a-half days to .vsf heduled drafting legislation-on the follo\ving: .ten days in 1968. Since its organization in Uniform Anti-Trust Act 1892 this, win be the longest-session the Uniform Act on Student Loans Conference Jias had. It has been occa . Uniform Consumer Prolectiein Act sioned by iTicreK'sing. demands for sound, Uniforrii Prpliatc Code Uniform Abortion Act • well-drafted, riiodern legislation in many Uniform Eminent Domain Act •^fields, and the tendency toward godifying • Uniform Act Regarding Community Property various/aspects of a-field of law into one Brought into Separate Property States Unifortn Landlord and Tenant Relationship {.composite whole. . ; .'. Act . . ;. " ; • /• .;~ The Uniform . Commercial Code, a Uniform Simplification of Real Prop/rty compendium of the laws of commerce, Transfers .Act '" drafted by the Conference in cooperation Unifortn NartflOtic and Hallucinocrenic Drugs Avith the American Law Institute, has •'•Act. -„ . ' . •:' . • Uniform Choice of Court Act been adopted by all but one of tlic States. UnifoiTO Public Provisions for Costs and Experience with the UniForm Commer Expenses df'Civil Litigation Act cial Code has show-n that it i.s possible Uniform Automobile Acci(|ent ClaimsrAct to havfe large and comprehensive pieces Uniform Gift of Human Ti'ssiies .-\ct Uniform Ombudsman Act' of legislation adopted by the States. This . .Uniform Release on Bail Act has lent impetus to efforts of the Confer- Uniform Divorce and Marriage Laws ence to.draft a Uniform Consumer Credit Uniform Child Custodyjurisdiction Act Code and a Uniform Probate Code, and Uniform Consume^'Credit Code Uniform Juvenile Court Act its inquiry into the possibility^of drafting Uniform Arrcst»Act • a Uniform Family Code. Uniform Regulatfon of Detection Devices .Act In addition to'their othe.r work in ilie Conference committees are.al.so work-- Conference, the Commissioners on Uni ing.on revisions of the;following uniform form State Laws of the various States have and.modef acts previously prorriulgated the duty of seeking legislative enactment by the Conference: in their States of the uniform acts promul gated by the Conference. During the 1900 - Uniform Supervision of Tr,iistces for Cliaritabk- Purposes Act" • • .and 19(i7 sessions of the State Legislatures Uniform Partnership .Act and Uniform Limited there were approximately one hundred Parftncrship Act adoptions of Conference acts. One of the Uniform Enforcement (if Foreign Judgments continuing projects of the Conference is • Act •;••; .• • ,. ;, ;• • Uniform iMvision jof Income for Tax Purpcscs that, of seeking ways and meaiis of en • •• Act- "'•'. hancing the record of adoptions. t!^; X LEGISLA rUKE}> AND LEGISLAriO.V 81) RECORD OF PASSAGE OF UNIFORM ACTS* As of November 15, 1967 . ' ,_—_ : ^ -— : —^UNIFORM ACTS- '•———. '• ;—• , • - , . ..••.;• . . I f • ' • T • • • . - • , '• • . . • •. • >Oi "%••. • • . " C ' • —, . >^ ' _ ^- . • ^~. ' - / ^; r • .-•'-^^'^ • - • .B o o'-\o . • ^^ • ^. sr • ^ . ^-..^' . ' •.' • <•-•••§ ^ • ^ • r ^" G i ^= - I u (?• s •• S.^ -5 -3 ^ = • ^^ S -^^ . ga- -c • 1 • '§• •§• •• mate or other = , . -2 ' . g !§ ^ "c"^ ;t "S ^o'^- ' .a 'C ',1 ' "^ \ jurisdiction , ' • ^. ' "- .^ • • . ^ ^ - '. ^ ^^ ' ' < , '^ . • ^: "^. Alabama .; • • .. . • • • • *• v • • Alaska...... ; ' • • • •^. -k -k Arizona..... • • • •• • .. • • • • • • • Vr- .Arkansas.. • • , • *..••.. * • • • i: California • • • .. .. ^* • • • • • Colorado • • .. • • • • . • * • • . Connecticut.... ; •. • .. . • -ir- • lir • ^V Delaware... • .. • • ,.. • . • * Florida ..,^. • ,.. • .. - .. • • • ,• • • • Georgia • ."... • ••*•:.. •^ • Hawaii • •. • • • • • • Idaho.^...... • •..•.• • • ^ * '• . • • • .Illinois...... ,.../:.. • • • • • • • ' • • • '• * Indiana • • •• • • ••..•• • Iowa...... •.'..• • • • -k. -ir * Kansas -k -k, • • -k -ir -k -k • -ic. Kentucky...;. • .. • • • • tr * Louisiana...... • -k k ' -k -k k -k .. Maine.. • .. • .. •*• • • • Maryland.;....,..... • • • • • *' • VT • • • -it Massachusetts..;..... •*. * • • -ir -k * i^r * •• iV Michigan • • •• • - • • vV * •j • • * Minnesota... • • • • • • • .• .• • Mississippi • •. .. : • • ... -k Missouri;...... • • . •• • • • • • • , • Montana • • • • • • tV • •«- • • • Nebraska • • .• • • .• * • • .• Nevada... • • • • * • • -ft- • • • New Hampshire • • .. ' .. ir * •,' -k ' -ii -k -it -ir -New Jersey • • • *• • • • • • New Mexico^.....:.. • • • . ••v " • • , • • • • • • • NewYork> . . • . • • .. • • * V^^- • * •*• .North Carollha..;.... • • • • • • • • • • North Dakota...... • • • .?•„ ... • • fts .. , • TV • Ohio...... :. • • • . •, • ,• . • •,„,„• -k :. ^ Oklahoma...... • .• * • ... • .• • • ,• • ic- Oregon..... • • ^,/ • " .. • •! • iV • -ir -k Pennsylvania. . • • * • • • • • • • -ii Rhode island • • .. • • • • • • • South Carolina...... • • • • * - 'if . -k • •• • South Dakota...... ;. • • • • • • • '• •• k -ir - • • .• Tennessee • in-. • • •• • • • • • • -ft- Texas; * •*• ' .. *-• . * • * : * * -Utah.;. • • • • " • •.• • .• • • • • • -•.•.•• .•- • • -- r- ..-..••.• Vermont -k . -k »-*r . .. • -k -i' -k -if • -k • •• Virginia..; • • . . .. • • • • . • Washington • * •"»• • • • -ir .. • * West Virginia "*• . * * •• * * * • ' • • .. Wisconsin. • • • • .• -4: • T^ • • • i!r -ir Wyoming...... • • • • • • T!^ • :• • • ir Dlst. of Columbia .. • • • * -*• Puerto Rico. • .. -.. • • • • .. ., .. Total. 40 44 2.V 41 25 35 .43 29 48 SO 45 34 26 A. • • • • - U_: \ • • : ' •Preparetl by the National Conf.erenre .of Commiiisionera on Uniform State I.awn. The table records state adoptions of acts- currently being recommended by the Conference for adopt-on by all jurisdictions. For complete list of.iiniforiri and model acts promulgated by the Conference, see Handbook of the Nalinnal Con/tren^f- of Commiaioners on'Untform State Laws. •A- As amended . - V " . • . • . '_ • .- • . ' f . (?i». ' • . ' :• -^ ,•-. . ;•: ,• : : :• •• • V.', •,•• \ . - - • ••.••• .; '•••:- . • • . •• \i* 90 THE BO OK OF THE S TA TES RECORD OF PASSAGE OF UNIFORM AGTS-Continued ^;. Asof November 15, 1967 — -^- UNIFO.RKI ACTS-r-Conlinued — "^ - ^1 0^ o;~. S7.< • 3 . •. -Is: I? I °? 45 ^? ,S -a , . ' . • I .5- ^2 --cS^ 8 . i^ ^.- .|o. ;^ -in ,^ .. 3" ,.-,.ta Safe • ^ 2 . ~^ 5 S • 5 ^ • ~" State or other 'a . •- a a ;? "»^". ^ j^ J^' jurisdiction • • . -- . =^ • "^ "^ '^ • ^ •,, . "^ -' A •.a to as .____ . '. ' • .—'—^. r-' ' ". 1 V '• Alabama •*• * *• ,." .. -k •ST Alaska...... • * .- .. .. - .^ •*•...• Arizona . .C^...... •. • ... • ArTcansas...... r • -s^r •• .. * .. ,.•*• ••£• California.. :'^....;,. ^..' • ... • ii^ • ..^ • '.. • • Colorado. .... ' • •-,... • ...... • .. • Connectl(;ut • .. > .. * •ti Delaware: .. *• .... ,., .: .. •;• • Florida ^.v.... ,• • .. •'.. • , •'. vr • Georgia..... \:i^..''- • Vr , :. ., .. • .. •ir Hawaii...... ;.... •. • • Idaho .. •••-*. • ...... • .. Illinois • • •••" '-ir • .•it' ' Indiana :. .. -k ...... •ir • Iowa ..;... ..' -A- ...... f. .. ' .. -k Kansas...... :.;. • H: ' -k •• , ir Kentucky:....;...... • • .. • .. • "• •.•. . New Mexico..,!,..... k i^- , ..i • .v •'•*'' 'V • ••••••• New York • • • • -.. •• (a). • ••'^:- North Carolina...... • •" .... • .A, North Dakota.... . • ..' • .,;.•.. • vV . ^r * Ohio....:..: • .. ;' ...... • . .<. • ^: Oklahoma... •*: -ir-.k. .. k tV' • •t. •• • . • • Orefton;...... ; * k k ,...... •ir • '\ Pennsylvania k. k k -J^: > • * •. \V • ' .>, • .. Rhode Island -k r-k' ..: • • .^s ^ South Carolina. .. ••• ' • * .. • tr '. •;V y- South Dakota:...... \k.' * ' • '-* it- ... .' •-•.•• Tennessee '.,'... •*-:• * ' •*• • • -^ TV Texas..... -ii ...:..... •" • . T!V •JV Utah ...... :...:] * • . .• •" •• •• * •'.* •• •^. • .• • • • -. Vermont.... * • V k •t( ,', 1 Virginia.... ;... • .; * • • -A- Washington ,• • • .• • , .. • ., ..•• • ... . •. West Virginia...... • • k k- • •'• • • A : .-. Wisconsin.. • ' it' k -k • • • •A-.. "'rfStoi:••'-•. . ••' Wyoming • • ^.. tV * Dlst. of Columbia.... it, .. '^^.. • •A •/•ir Puerto Rico...... ;. .... •sir • 7 0 Total....;... .. 24 48 14 17 10 ') 1- .17 2- 5i •• 5^.. (a) Haa adopted the Council of Stale Goverhmenls' form of Supportpf DeiMindenls Act, which ia similar to the Conference Act, 6^ K.- •„. /5*~. LEGISLATURES AND LEGISLATLON /^. RECORD OF PASSAGE OF UNIFORM ACTS - Continued ': / ' As of November 15, 1967 • ' ! V.' / •UNIFORM ACTS—Continued' r b 1- o In •B "-V u to 2^^ i3 «n 0\ >n 5 ^- *S<^ -^^ • o :5 It .-si' Is p p = £-1 •|S,. Hi .t^. .'|5 ;? f Stale or other . . o to a : s . jurisdiction o. Alabama • — Alaska .Arizona •'r .. Arkansas • • ...... ; ..California • Colorado Connecticut • .. i' .Delaware . ;.... Florida ..-.:.... .Georgia Hawaii • ...... Idaho • .[..Illinois ••••; ... .Indiana • .Iowa Kansas Kentucky Louisiana ...... Maine • • .Maryland • .^Massachusetts • .Michigan * ...... Minnesota • . Mississippi . .,...''.... .Missouri • .Montana .Nebraska :... .'.Nevada / ,•• • . • • . . New Hampshire New Jersey • . New Mexico New York ^ . ..North Carolina North Dakota ...... ; ..Ohio • .Oklahoma ,*•"•> ••••• • .Oregon Pennsylvania ^^ ...... Rhode Island ...... South Carolina ^ .... South Dakota - • • ..;'...... Tennessee li ...... 1.. Texas ,.•....:,...•.....;.. Utah .. .Vermont • ...... _; ...Virginia • .:...... Washington • ...... West Virginia 9> ff • Wisconsin Wyoriilng • . . District of Columbia f • ...Puerto Rico 'A • "' •2\ . •. 3 5. . 15 4<) .; .-..Total . 92 THE BOOK OF THE STATES . ^ RECORD. OF PASSAGE OF UNIFORM ACTS-Continued . As of November 15, 1967 ' r. r ' ' '. V, - . • •J .• • . . TTyjrvn T?\I Ar"rc /^^..i.'i.ti-.^ . • f — U i^ I .H^ i ' • ..^ - Ov .' i 0, • •. *r v--^ ' •0. 3 Q. X , ^^ >.• ,^ t, •. .' « .a.. (.'. • - -^ C "^ . " . - ,^ " a vt >N ?.•;:; a • • *^- . % 'f* ^ " "^ Sc 1 •c • -IS to .0 •5 "i •";: .0 *-. 0 0 ., .•o is 5" •5 -• • . v\. j •2 5 • «o s: to •as • >\ />• • • "3 •Stale or other ^ ^ "5^ • "^ ^-^ VJ-Q • >> jurisilidiojt 0. • -.5 ^ -^ ""^ *i. .CO . ^ . ^- V) •r^_ Ci •^ Alabama/. ' . J" • * . •• • .; Alaska.. • ' • •'• • .. f/ ' • 3' ••. Arizona' i .' * .. •' •., •*••- /v • • • • ' '.•• • • • * • . !" ;; / ;; : •; California...., • ;'• • .• Colorado, ••• • ; ... ., . , • • • v • .. * •• . , • Florida. , .....:,...'.. '. .•* ,". , •-••: • ..' . ., . , • ff"' ,• Hawaii...... • • • • • •/ Idaho •• • •• • • • '• • • • I ' ... . * • • ' ... . , ^ , , -. '., *•; . • . . . •.•. V • ,' ...f-' ... Iowa i • •• • . . • . , Kansas. '. . • • • • •.•••• , ,' • •• . • ' , , . . • 'M...'-' • . .". Kentucky .." • t^ ••*•.' • • . . • .. • • f . •... Maine ••'• • ••: ' ' ' . . • • • • Maryland...... ••••. •• • • 'Vf • •• ••.-. . • • > .. • • 4 .;. • . ^ • •• • • '.'. Michigan...... • -'•, • . '.' ' • a- ' .• . • • •" • •• • • •-.'•• •• • ; • •'• Missouri.. i...... • . - • • • • .• . • • • • • • • Nebraska...... • ••-... "Nevada...;... • • •• New Hampshire.... • • • \ .... . » \ • .. V .'•,•• •i. V. '•'-,'. .. New Mexico...... '. .• • . ; • • * k • -J • •ic New York . .. . •• • ' • • it: '.'. •• • .. ,. • • . , ' > 1 • . • • .• . - Ohio -. »* . . Oklahoma . • .'•^ • • • •. • * Oregon... .^ ...... • • * ,-, * , • •• xV . • ' ' • .. .. Rhode Island...... ; - . ^ • !". • . • •:• • *:-•. •.•• e • • »- South Dakota...... , ^ • .. '.-. • Tennessee. ...;....,. . . . •• • • . ..•• . . ..•. • . . • ' .•'.*••• Utah; •'• • • .c- J •' ' **• • . Vermont... .'.. ..;.. • Virftlnia...... \ • . ;; <5S> vVashingtpn .. - •.. • West Virginia...... , • • • ••••, ."•. •. * - • ... * .• ' * • •k . ', • • . , • . . . .• • District of Columbia. • • . • .. Puerto Rico . -•• • •• .... •-,• •• .... •.. •• .••, 2 ti .7. ,3 '. 5 16 -S' 38 . 1 3 5 .23 0 5 i^. •I- 'LEGrrbA^^RES\iND L EGI SLAT ION 93 RECORD OF PASSAGE-OF UNIFORM ACT^-Continued As of November 15 1967. -UNIFORM,-ACTS—Continued- o m 3 0, •?Q^ •a ••2 5 ^•2 li • o i§ 1r .1 •— ^ 2l •s:| hi 11 »i 5i^ a 5— . o state or other jurisdiction ... '.. .Alabama. f "...... Alaska ... .Arizona y' . .:. .Arkansas California. Colorado • Connecticut . . ..'.....;.. .Delaware ...... Florida ' Georgia ..;.. ..Hawaii • ...... Idaho f^ •1V •••.-•• ' '..;.... Illinois Indiana .. Iowa . Kansas ;... .Kentucky ..:....:.... .Louisiana • .Maine Maryland • ...... Massachusetts Michigan Minnesota .1. .Mississippi ...... Missouri .. .Montana . . : Nebrkska ...'..... Nevada -. ii SUGGESTED STATE LEGISLATION, 1967-1968 ACH YKAR a volume of Suggested State *j^ Council of Sti^e Governments provides, iLegisIntidn is developed and ap its staff. Chairman and Vice Chairman of E proved, by the Committee oif State the committee are, respecti\eh^ Carl .\L Officials on Suggested Stcite Legislation of Frasure of the West Virginia Commission the Council of State Governments, and is *on Interstate Cooperation, and Charles L. published by the Council. This annual AV'he'eler, Director of the'North Carolina volume—widely distributed among state State Commission on Higher Education officials, libraries, and others—includes Facilities. both draft bills and statements without Proposals for committee consideration dra:ft legislation regarding proposals of are received from individual state officials -interest tonihe States. ' / and organizations of state officials, from •• Although some of the jiioposals are state agencies and legislative committees, designed to meet current [jroblems, the and from professional and^public service suggestions set forth usually are of con associations. The U.S. Bureau of the tinuing interest. A great many measures, Budget, acting in liaison with the com dealing with varied subjects, have been mittee, gathers various proposals wjjich developed over the years. federalagencies wish to call to the atten To facilitate reference to items carried tion of the States. The committee has in past volumes,' a cumulative Tndex for long, worked closely, w'ith, the National .(9s I941--1957, with a supplement for 1958- Conference of Commissioners on .Uni 1965, is now available.^ form State Laws, the programs and activi-, In earlier volumes- proposals tended to tics of which are described in the chapter deal Vvifh matters of interest jirimarily to on "Uniform State Laws" beginning on •state governments acting individually, page 87. Joint planning meetings are held Recent volumes, however; have contained with it^iprogram committees, and cooper an increasing number of proposals relat ative relationships are maintained with ing to interstate'and other intergovern many other groups. . mental subjects. Among such proposals, Proposals submitted for consideration by definition, are interstate, compacts. by the Gommittee on. Suggested State The 1967 volume includes the Interstate Legislation are first preferred to its Subt Compact on the Mentally Disordered Of . committee on. Scope and Agenda. This' fender and the InterstateMining Com group decides if they should then be de pact. The Multistate Tax Compact is in veloped for presentatic|{i, to the commit the 1968 volume. ' tee. In developing and refining proposals, use is made of advisory andtecjinical serv ' THE Co:\r.MnTF.E ices of legislative bill drafting experts of . ' AND PROGRAM DEVELOPMENT •University la;w schools, personnel of vari c>- The committee is com}X)sed of sta:te ous federal agencies, representatives of les:islators, Attornevs General or their associationsdf state officials and public deputies, members of commissions on in ' service organizations, and odiers. Increas- terstate cooperation, Uniform/Law Com inglv, use is made of subcommittees and missioners, legislative service agency per advisory committees for particularly diffi sonnel, and other state officials. The cult drafting problchis. . .AVhen drafts of proposals have been ^Indextn SuggesU'd Stale Leghlation Programs /«r 79/7--/957, December 1956: Index to Suggested. prepared, they are distributed io mem State /.rg/i7fl//o/i,7^.55-75^65, February.1965. . bers of the. full committee in advance of 94 / • r / LEGISLATURES AJ\D LEGISLATION 95 meetings, so that the members cUri review volumes are summafized in the following them and consull! concerning' them' in pages.- An accompanying table lists, by their respective States. ^ major subjects, bills ai;id. statements pre The 1967 and 1968 volumes each con sented in the committee's reports for.those tain, fom- sections. One includes proposals years.- • .."" in. the form of dr,aft bills. The second con-, sists of statemeiils on matters ofjnterest , THE 1967 PROPOSALS <^- to the States generally, but without ac Siiggestctl/ State Legislation, X'blume companying draft legislation. The thhd XXVI, for 1967, consists of fourteen pro- presents texts of newly drafted interstate . jjosals acconipanied by draft legislation; compacts carried for the.information of nine statements regarding proposals of the States. The fourth is devoted to texts interest to the States generally but with of acts promulgated by the National Con- out draft legislation; two interstate coin- " ference of Gommissioners on Uniform pacis; and.seven new or revised uniforni State Law's. The Cc^jmittee on Suggested acts and two'niodel acts pronudgated by State Legislation exercises no jurisdiction the National Conference of Commission • over items in this last section. ers on Uniforni State Laws. ' Gommittee approval and publication A comprehensive air pollution control of proposals in Suggested State Legisla statute appear? in this volume. It pro tion does not constitute a committee rec vides for appropriate, organizational ar-. ommendation that all States adopt-the rangeiilents,^ setting and enforcement of proposals verbatim. Rather, it in^cates air quality standards, .emergency require recognition that a number of State^may ments, aid to local and regional programs,' have problems in the area covered; the and. other provisions. The draft was de committee' therefore makes • suggestions veloped to serve as a State's entire law on embodying (he best methods, in its judg the subject or to permit parts of it to be ment, which it has foimd for approaching used as additional provisions of an exist the problems. .•• ing air pollution control, statute. The content of the bodiies of law in the Abandoned motor vehicles are an aes several States varies widely. State needs thetic and economic burden. A suggested differ, and each State determines its own ; act provides for public impoundment and pubHc policies. Projx)sals in Suggested disposition of such vehicles while protect •/ State Legislation may be enacted virtually ing the interesfs of motor vehicle holders •-•/ intact in a given State, or they ma.y be sub and owners. The measure gives to la^v en- stantially adapted to fitthe pattern of law • fortemerit agencies authority to-impound and policy in a particidar jurisdiction, or abandoned vehicles, inclirdihg those theymay be enacted in such'par-t as a State abandoned in commercial garages; re-, may consider a usefid addition to its law. quires notification |of impoundment be Suggestions of coiirse are passed over en made to owners antl lien holders; estab-. tirely if a State finds it does not have tjie lishes an auction procedure; and provides problems involved, or that its existing. • for disposal to demolishers. body of law is satisfactory in the area con Two States, as werl as New Zealand and cerned, or that it prefers another ap Great Britain, already provide for com proach. , • . pensation of yictirns. of crime.. A draft Although the draft proposals are thus proposal on this .sfubject \vould permit' ho more than suggestions, they are of ne-^ compensation only for personal injury cessity drafted in a standardized form. suffered by innocent victims. It contains Therefore, in any. Legislatiue, they procedural ' jirovisions to effectuate i should be introduced only aftea" careful purposes, sa.fegiKirds to prevent the consideration of local conditions. Exist or payment of fratidulent claims. ing constitutional and statutory require- ' ments in the State must be examined care- fiilly, and the proposed legislation altered '-'For details; sec/Suggested State .Legisli, Vohinig^XVI, and Suggested Slatq Legislation, as needed to fit given situations. Volume X'XVII. The Council of State"Govern Selected proposals of the 1967 and 1968 ments, GhicagOi.' i, 4^. 9G THE BOOK OU THE STATES limitations on the amount of compensa these delibera'tions—a recommendation tion payable. ' that each State establish a statistical-unit v Another draft law would j>lace all non- to bring about improvement in.reporting, federally owned or controlled dams of analyzing and evaluating governmental • kipulated dimensions and capacities un- statistics. /. ' . . / xler exclusive state regulation, provide for . The Interstate Compact on the iVlen- state-inspection and supervision of their tally Disordered Offender was developed construction and use, !and'prescribe cer at the behest of the Midwestern Gover- tain safety activities by the owners. noiJi' Conference. It is open to joinder by Two draft proposals relate to ionizing, all States. Itwould authorize cooperation- radiation. One suggests certain amend among States, by contract j,f desired, in ments to state workmen's compensation institutibnalizarion, after-care treatment, la.ws to assure adequate coverage of work research and personnel training. It alsov ers exposed to ionizing radiation. These • would authorize interjurisdictionale^pro- amendments are consistent with pro cedui^s for earlydisposition of pending posals carried in earlier volumes ^f .S'l/g-' criminal charges against persons already gested State Legislation: also presented is adjudicated as mentally disordered of a requirement that adequate exposure fenders. records be kept. The other proposal in • The Interstate Mining Compacr^was. this subject field deals with a statute of -•drafted pursuant to a resolution of the limitations in ionizing injury radiation Southern Governors' Conference. It,,, too, cases. \Vhile establishing a basic three- is open to joinder by all Sta^s. This com year limitation, it would peiTnit action to pact,would set up a study and recom be brought within thirty years in latent mendatory body to deal with all facets of injury cases. mining operations which have effects on Consumer protection is the subject of. the surface of the land. By joining, States two suggested actsi One is a comprehen- also would.agree to adopt and keep in sive,pro[)Osal dealing with unfair methods force adequate programs for the conser- . Of coriipetition and unfair or deceptive vation and use of mined lands. acts or practices in the conduct of any Among other suggested acts, one deals trade or (ommerce. It is based on certain ' with regulation of currency exchange state acts, a uniform act developed by the operations of nonbanking institiTtions National Conference of Commission(^i;s aiid individuals. Anbther would autho on Unifomi State Taws, and the experi rize payment without.probate of small ence of the Federal Trade Cohmiission. Social Security claims to close relatives of The other measiire would' regulate the .decedents, llnder a further proposal, .ex selling and fitting of.hearing aids to as press legal sanction I woiild be given to. sure the competency and integrity of deal local units of government to devote re- ers and sales persprfnel and to ; assure .sources to and develop arrangements for . quality standards in hearing equipment.. iii-service training of their employees. About half of the States have enacted Also of interest to local governments is a .community mental health service acts; suggested act which! would preserve, at The 1967 volume contain^ a cprnprehen- the election of a teachei", his tenure, serv sive statement conmftnting on the major ice credits and retirement rights whire on j)rovisions. of such acts. It offers, sugges leave for up to five years as an employee tions for amendments, in some cases alter of the U.S. Department of Defense over native suggestions, and other comments seas dependents' schools. An additional citing possible advantages'-^^and disadvan proposal would authorize officers of \he tages of their enactment as amendments armed fori es to perfoi'm notarial aqts for to state acts. members of these forces, their spouses and Catalyzed by a resolution of the Na civilians serving with the armed forces tional Governors' Conference in 1964, a outside the United States. .\nd one draft National Conference oin Comparative act provides the legal basis for prosecut-: Statistics was held early in 1965. A state \ng persons who cause' the waste or loss, ment in the volume contains the result of through unauthorized or wrongful use. .(!•- "rr^ r LEGISLATURES AND LEGISLATION 97 of food commodities or. entitlements to lished to iiivcstigaie alleged misconihu t Food commodities donated by the* fedcnd ami, when appropriate, recommend dis government. ciplinary action. . • -i ' Additional stiitemeiits deal with a iium- At the request of several State Legisla- ber of subjects. Three concern investment ^turcs, the Committee on Legislative Rules or deposit of state funds. One calls atten of the National Legislative Confei-ehce tion tbr the availability for purchase of studied the iise of the invcstigatoiy participation certificates issued by the power. For its report, the committee pic- Federal National Mortgage Association; j>ared a set of guiding principles and a another/suggests tliat States consider as Model Code of Fair Procedures for Legis collateraj for the deposit of state and local lative Investigating Committees. The funds tne guaranteed portion of Small legislation, brought to an advanced draft: Business Administration loans; the third ing stage by the committee,' Is presented discusses certain problems, and possible in Sugiiested State Les-islation for 1968. It remedial measures, in connection \\-hh is intended to strike a proper balance be . state regulation of bank interest rates. In tween the Legislature's right to be in- other fields, one statement calls attention fbrmeci and the rights and privileges of to die availability of theModel W^are- "tvitnesses. house Bill drafted bv the National Asso- . A .suggested act relating to a fiscal note. citrtion of State License Warehouse Offi- })rocedui:e is based on the .experiences of . cials in cooperation with the United. fourteen States in which it is in current - States Department of Agriciilture. .An use. The purpose is to inform the Legisla- other suggests that States consider legisla •fure, at a time when a proposal is under tion parallel to existing federal legisla- active consideration, what its estimated ^ ^ tion dealing with postponement of filing fiscal impact will be if-it iienacted. income tax returns and making payments A clraft projK)sal clealing with.state de-. for armed forces personnel missing in ac posits in banks "is basetl on a Kansas law. tion. An amendment to the State lim- It deals with funds which niay be ex -._ ployee Interchange Act is suggested, to pected to be on deposit for long periods of extend the time Umft for temporary as time as well as those held for shorter signment from twelve months to two or periods. Although it is a comprehensive three years. Also carried is a statement up statute, many of its "provisions are sever dating one that ajjpeared in Suir<^csted able, for adoption by any State." . .; .. • State Legislation, A'olume XXIV, for Under a draft dealing with a local sales 1965, relating to iheniatching require-- tax supplement, a.eoithty tax rate (or one ment.s of the Manpower DeveiojMiient of an,ptli%r local unit if the county chose and Trainjng Act of'I9f)2. . not to levy the tax) would be added to the state rate and both taxes w'-ould bl^ col THE 1968 PROPOSALS lected by the state tax agency. An aliern:i- Volume XXVII of Suggested Sidte tiVe section would permit a county in, a . LegisJatioti, for 1968, consists of twelve standard metropolitan statistical are;i to suggested"acts;'six statements without ac- adopt:, a sales tax if all cotinties in this comjjanying draft legislation; 6ne inter '^a did so. - ,'''•••• - state compact; and two new unifonn acts . ^^other act would create a Bsrth De and one revision of a uniform act, all. fects Institute to investigate causes,, nior- "iT' three promulgated by the National Con tality, methods of treatment, prevention ference of Gommissioners on Uniform and cure of biith defects and allied dis- State Laws. ea.ses; to carry on professional education One draft is a Code of Ethics for State and training/programs; and to conduct Legislators. It combines prohibitions and'supjjort clinical counseling services. against certain conduct and specific re It also would require reporting of birth quirements for clisclbsure of financial in- defects and allied diseases at birth by the lormatioln relevant' to performance of attending physician or other licensed pro- legislative duties. /A Joint Legislative fessipnarpefson. Conimittee on Ethics 'would be estab A.further suggested act would establish ;,.^v•...«;«,...•.Uf»''*'*'*^*''*''•''''''••''^^^ "V- :98 THE BOOK OF THE STATES^ ) a-system of classification of drivers' 11- porations', and it is therefore suggested - b censes based'on the s^pJf required to drive that States may wish to examine their ^ various types of motor vehicles and not laws relating to investor protection. on the reasons for driving them. An in Many state laws stipulate or presume dividual w^ouid be'entitled to drive only that applicants for state licensure in nu those 4ypes of vehicles, for. which he had merous professions and occupations have 6een tested and granted a license. A non work experience in private employment. resident would be joermitted to operate Such laws inhibit recruitment of appren >% any motor vehicle for which he had a tices for public employment an^d work valid license in his State or country of resi- , hardships on certain individuals. A state »./•» ;'• dence. , '^ :^ ''* ment in the volume for 1968 suggests that The Federal Rules of. Civil Proceclure States consider amending their laws to served as the model for a suggested act recognize public work expcrience^in meet relating to service' of process on the ing license requirements. Unitetl'States. Itwou-ld provide a sixty- Additional statements include one call day period for initial response, to permit ing to the attention of States the desir suificient time for the documents to be ability of examining the adequacies of transmitted to the relevant party and re- their remedies for fraud as these apply to. v ^ ceive his attention. Aftef initial service, cpunterfeiting of brand-namedrugs and all time periotls and other procedures medicinal preparations. Another recites a contained in the generally applicable series of food ordinances and codes, avail state statutes would apply. able from the U.S. Public Health Service, 'I'herother suggested acts are. amend- suitable for adoption by refereriice. A final • s nients Lo proposals carried in earlier vol- statement refers to two statements carried k umcs oi Suggested State Legislation. One in the 1967 volume bf Suggested State /would amencTa comprehensive proposal Legislation, li suggests consideration for for use of electronic voting devices to,., investment of j)ublic funds in obligations cover electromechanical devices. Another issu^l-or g-uaiRnteed by any fetieral . would add provisions to the Interlocal, agency, and recognizing. aS collateral un Cooperation Act to specify the procedure paid-balances ot loans covered by any to be followed in negotiating an inter federal guaranty. .. ' local agreement. A third would amend The Multistate Tax Compact, in three provisions of a minimum wage and cluded in the 1968 volume, (deals with : " maximum hours proposal carried in the taxes to whi^h businesses operating in 1906 volume; Still another would amend inore than one State"may be subject. It " a currency exchange regulatory proposal (1) gives a taxpayer an option to be taxed carried in the 1967 vpluhie., to make pos under the Uniform Division of Income i sible an alternative method for insuring for Tax Purposes Act or other state laws •the financial reliability of check-issi'iing which may be in effect; (2) perifiits a small firms. corporate taxpayer to use a short f6mi in. Protecticm of the natural environment place of a detailed computation of tax while providing for construction of high- liability; (3) establishes an arbitration gs. ^vays and other means of transjjortatioh is procediire available at the taxpayer's o})- . the subject of'a statement without draft tion only; (4) contains a sales and use tax, legislation. Certain matters for considera credit provision; (5) provides for coopera tion in state legislation ort transportation tive, multistate audits; and (6) sets up a . planning are set forth. Multistate Tax Commission to study all ; A secoiid statement calls attention to : aspects of multistate'tnx matters and to what, may be a gap in the protection of isfu4 ificommendatory regulations and * security holdei"s in corpoiations. Federal, forms, for States with uniform or similar law leaves uncovered certain smaller cor laws/" . • . - / e>ii«5^' , • • ( , PROPOSALS OF THE COMMITTEE ON SUGGESTED STATE .LEGISLATION , • . Volumes'XXVI ana. XXVII ' ... I . / V • •'.-,• '••*•••... % 1967' proposals are in rorrian type; -1968 proposiils^are iii italics. y'' \ Some titles'are abb'revidled. ' BUSINESS RECIM-ATION AXD CONMTMER PROTEPIION * 1, Clinrcucy Exchanges '^ '••:•. ^ D. 'St'lling and Filling Hearing Aids 2. Currency Exclimiges (Amendiiti'ul) (). Lnlair 1 rjule I'raciias '^. Food Ordinances and &ddi's* .7. Wareiiousing ofAgnnti.tiiral Conunodities* •i. Serurilie.'i Legislation for .Sj>"ilI>'J' f "• C.orporntions* ,, CONSERVATION' AND R I-CREATION 1, Hiiihwnx and Oilier Transp'orialion 2. Iniersiate Milling Compact Planmn<^* '^. Safely of Dams and Reservoirs GoVERNMENTAr. ADMINISTOATION , . ' . •• • . ' \ . • - • ' • '^ . • ' [. F.leclronic and F.h'ctfbnieclinninil J'oting' ^ 5; olaie .P'mployee Interchange Act* Devices * ' 6. State Deposits in lianks^ ^ 2. Fiscal,\o)('^ « " _ • 7. State Statistical Units*, •, 3.. I.egislaiive F-(ltics^ * ^ 4. I.egislalii'e Im'csligalittg Cotnniittees ' . HEALTH ANTJ WELFARE • * 1. Abandonl'd Motor Vehicles . \ B.Gounte^feiting of^Dnigs* 2. liirl/i Defects Institute i • 6._ Interstate Compact on thcMe'nla.ny > 3, Comnuuiity Mental .Health Services Acts* Disordered Offender ' 4. Com(jensalion for Victims of Crime 7. State Air Pollution Cdntrol Act . - . • • ' \ • • . .' ' , iLABOR • . ... • V . • • . • , ,. . • ' • , ' • • • 1. A ntendnients to Fis:e LAW. r.NIORCEMENT AM) CoiRTS v^^ •> 1. Sen'icc of Process dn the Unjted Stales • . LOCAL GOVERNMENT A.NDMF.TRTJfoi.iTAN ARE,\S I. In-Service Training for•Piihlic Employees v* 2. Interfocal Cooperation Act (Aniendment) ^flSCELLANEOL'S / 1. Classification of Drivers' Ficenses , 7. Small Business Administration Loans as *,- 2. Eligibility for Investment in Participation" Collateral; State Deposits* » Certificates* 8. State Matching Funds; Manpower "^ S. Iilterest on Deposits* Development and Training Act* 4 Investment in Particilmtion Certificates 9. Teachers in Department of Defense Overseas (lityised)* v^chools V, ;•:..;. ' - 5. Payment of Social Seciirity Claims Without 10. Unauthorized Disposition of Foods Donated •' Probate - by Federal Government . ' 6. Powers of Nota'rv for Militarv Officers '^ •Indicates statehient only; no suggested legislation,carried. / 99 100 THE BOOK OF T^tiE STATES , PROPOSALS OF THE COMMITTEE ON .SUGGESTED srA'fe'LEGISIJA'EION \'oluinc,s XXVI aiurX/XA'il-Coiitimicd •rAXAflON.; 1. Mul list lite Tax Co)iijnicl - ,. ji Postj)oneniciU of Income Tax Filing; Anne'd 2r"P.oail Stilt's 'J'lix SulipU'incnl I; .Forces NTissing PcisomieP UNIFORM. L.vUsI \. Uuijorm Ceriifirntidii .of Qnestion.s of l.inr 7. .Second Re\ ised Uniform Post-Conviction [Act\[Kule]. ', • . . _ - : ., * .'Procedures Act 2, Ame.iulinciU to L'nifonn De<-X'ptive Traile S.Pniforiii Rt'udilion of Accused Persons Art '• ' J I'raL'titcs Art D...Revised Uniform Fax l.ien Registration Act -. ;5. Aineiulinents to Unifcnm Disposition of. ^'(Superseded) Unclainied Property Act lO.'Model Anti-I)i.scrimination Act {.Revised IJ nil or in Fedcinl Tux l.ini., 11 :;:ModcI, Defense of Xeedv Pei.sons Alt Roiislmtioii Act • - . • 5. Amendnienis to Revised Uniform (iifts to . . Minors Act (i; Uniform Land Sales Practices Art ^' 'Indicates stateiiieiit (iiiiy; n<) sugi-estccl iegislatii)!! ^tr'arriecl.' ^ , fAs pr.onudgated by tlie National CoiiferenceDf (:(>inmi.ssioneis<)n. Uniform State laws b