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Section II LEGISLATURES AND LEGISLATION
1. Legislative Organization and Services 2. Legislation
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•^. 1 Legislative Organization aiid Services
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STRUCTURES AND PROCEDURES
HE citizens of "he states through their (including Nebraska) they serve for two. constitutions have vested the supr-ecne Shorter terms are the rule for members of Tlaw-making power in their legisia^ ower houses. In^forty-tliree states House tures. They" have provided for the popular raembiers serve two-year terms; only.in election at frequent intervals of those who Alabama, Louisiana, Maryland and Mis-, comprise the legislative, bodies. Except in sissippi do they have four-year terms. Nebraska they have established two-house Several states during the past biennium legislatures in each state. have approved changes in the size of their Beyond these common elements, a wide legislatures. In Illinois, as part of a re variety of constitutional provisions, statu apportionment plan, Senators have in tory requirenients, rules and precedents creased from fifty-one to fifty-eight and govern the workings of the state legisla House members from 153 to 177. In New tures. Together they determine the many Mexico the lower house was raised from details of legislative structure, organiza fifty-five to sixty-six members. Four new tion and procedure, the purpose of which is legislative seats were created in Ohio and ./ ! to enable the legislatures to carry out their six in Utah. North Dakota's House, by responsibilities in an orderly and effective statute;: was reduced by three seats. In manner. 1956 voters in Alabama rejected a measure to increase the number of legislators from • SIZES AND TERMS 141 to 219, and Florida voters disapproved In size American state legislatures range an increase from 133 to 202 members, both : from a total of forty-three members in the as part of reapportionment. plan^ The unicameral Nebraska legislature to 424 in Connecticut legislature in 1957 approved New Hampshire. The sniallest bicameral an amendment to expand the Senate from legislature is that of Delaware, with fifty- thirty-six to" fifty-four members, a proposal two members. State Senates vary in mem which must receive legisla;tive -approval bership from sevehteen each in Delaware once more before going to the voters. and Nevada to sixty-seven in Minnesota. Ohio voters in 1956 approved an amend The lower houses differ even more widely ment to lengthen Senate terms from two to —from thirty-five rnembers in Delaware four years to go into effect on a staggered and less than.sixty each in Idaho, Nevada basis during 1958-60. North Dakota voters and Wyoming up to 240 in Massachusetts, in 1958 will consider a proposal to increase 246 in-Vermont, 280 in Connecticut and terms of legislative and elective officials, 400 in New Hampshire.. from two to four years. In all states legislative terms are either two years or four. State Senators in thirty- ., SESSIONS two states ser\'e for four years; in sixteen As indicated in the table "Legislative 29 30 THE BOOK OF THE STATES Sessions," legisfettires of fourteen states, have been extensive changes in recent and of Guamj, the Virgin Islands and the years. In 1943 less than.half of the states Commonwealth of Puerto Rico meet an used the salary plan; at present thirty-one nually. The remaining thirty-four ^states states use it. The range of legislative and two territories hold biennial regular salaries, per biennium, in these thirty-one sessions, and all except three (Kentucky, states is frorri 8200 in New Hampshire to Mississippi and Virginia) in the odd-num $15,000 in New York. The median bien bered years. c; nial salary is'in the S3,000-S3,600 range. The postwar trend toward annual ses Nineteen states employ a daily pay plan sions,, has slowed somewhat during the past for legislators (payable during sessions), biennium. No additional states have two of them—Coloirado and Oklahoma- adopted annuSl sessiojns. The legislatures using a combination, of daily pay and in Nevada and Texas in 195,7, however, biennial salary. The amounts paid under approved annual session amendments daily pay plans vary greatly—from $5.00 which will be voted on by their elec- in Kansas, NorthDakotaand Rhode Island torates in Novembrer, 1958. Missouri voters up to $50 in Louisiana. For these nineteen rejected the annual session plan in 1956, states, the median daily pay is SI5. but at the same time Louisiana voters re- As indicated in an accompanying table, jected an amendment to repeal the annua:! legislators in a number of states receive ap- budget session adopted two years earlier. preciable expense allowances in addition Restrictions on length of the regular to other compensation. In sixteen states session exist in thirty-two states. They take this allowance is payable in the form of a a variety of forms, both direct and indirect. per dxtm. during the session. In nine other Sixty calendar days is the most common states there are lump-sum or monthly al limitation. Where they exist, most limits on lowances. These, include Louisiana, where session length are expressly provided in the $150 a month is paid when the legislature constitutions. In nine states, however, the is not in session. Travel allowances in some length is limited indirectly, through cessa- form are paid legislators in all states. In tion of legislative pay after a specified Alabama, Arizona, Kansas and North period of time. In the case of special ses Dakota the expense allowance amounts to sions, twenty-seven states have no direct more than the daily pay. . 't* limits on length, except that in four of them Basic pay rates were increased djuring —Oklahoma, Pennsylvania, Rhode Island the biennium in twelve states; expense and and South Carolina—restrictions on legis travel allowances were raised in fourteen lative compensation or allowance con states, including North Carolina, where an stitute indirect limits. . amendment approved in 1956 permitted Constitutional amendments approved m these allpvyarices for the first time. Voters 1956 will affect sessions in various vvays. A Jn Arizona, Missouri, North Dakota and North Carolina amendment postpones the ^regon rejected legislative pay raise pro- date of convening of the regular session one/'^ posals in 1956,-57. Connecticut voters in month, from early January to early Febru- November, 1958, will consider an amend- ary, and adds thirty days to the length of mfent to' permit the legislature to set its regular sessions. A Florida amendment salaries and expense allowances. permits the legislature to call itself into special session, and a California amend I COMMrTTEES ment advances the opening of the off-year Much of the work of the legislative ses session from March to February. J sions is done by standing committees. For a number of^ years it has been urged that COMPENSATION \ jiiost legislative bodies should reduce the There is general agreement that com numbers of their committees to facilitate pensation of state legislators has been and efficient conduct of work and to eliminate "^ in most statdi?>continues to be too low. It conflicts of committee rrieetings, inade- also has been recommended, increasingly, quate advance notice of hearings, and as- that annual szdaries rather than daily pay signment of legislators to more committees » ' Pplanl s be employed. In both respects there than they can serve effectively. The trend v LEGISLATURES AND LEGISLATION i 31 of action has been in conformity with these 1917 (when the first such machine was in recommendations: reductions in commit stalled in the Wisconsin Asserhbly) and tees between 1946 and 1957 have lowered 1943, a total of thirteen machines were the median number of House standing placed in operation in eleven states. Since committees from thirty-nine to twenty- that time, an additional twenty, have three and of Senate committees from been installed, most recently in the Con thirty-one to twenty-one. The following necticut, Georgia and Kansas Houses and table illustra|es these decreases. jthe Tennessee Senate. One was authorized in 1956 for the Kentucky House. —jVumb 'T of States in eaci rani^e r-Ih msc—, • r-Senat€{.a)~^ \- Joint—, Use of radio and television broadcasting Xumber nj ;. 7010 /!?.i7 in conjunction with legislative sessions and. slnnding commiltees 1916 1940. 7957 7957 (A) ib) committee hearings still appears.to be, in 10 or under. , 0 •4 0 4. 23 23 the experimental stage, although 1957 11-20..;...; 2 16 8 18 ; 0 0 sessions in some states, Oklahoma and 21-30...... 9 10 IS •• 17 . i 0 2 31-40...... 15 7 13 . 8 • •2 1 Texas, for example, saw greatly expanded. 41-50 . 12 •7 9 « 1 • •l- 0 coverage. 51-60:...... 7 : 1 2 Vo , /'O : 0 61-:70...... 2 2 1 • 0.'': 0'^ i <^ Av.MLABlXlTY OF NEW L.AVVS -f'. (a) Nebraska is included 'only u ndcr " Senate!" " In all states arrangements exist for pub . fb) Excludes 21 states ref>brJJ,Vi?^.nbjoin t standing mittces. T lication of the bound volumes of session Jaws. The time lag between enactment oi The number of House standing com-' laws and appearance of the volume usually mittees, excluding states where th'e major is quite appreciable, however, amounting share of rjbferral work is by joint commit to half a year or more in a great numiier of tees, ranges from eight in South Carolina states. More than forty states, accordingly, up to sixty-three in Missouri and sixty- have taken steps to make copies of new- five .in Arkansas. Seriate standing com laws available more quickly-^in newspaper mittees, with the same exclusion, range editions in four states; as advance sheets or from seven in New Mexico, eleven in printer's signatures, released at intervals, Wisconsin and fourteen in Maryland and in thirteen states; and as slip laws in the Js^ebraska, up to forty in Florida and majority of:states. In six states, u'Sersof.the forty-six in Mississippi. In a few states, law;still must await the appearance "of the notably in New England, joint standing bound volume. committees carry on a major share of. referral work. These include Connecticut APPORTIONMENT. with twenty-eight jbint committees, Mas Apportionment is one of. the major sachusetts with thirty-one and Mainie with problems of state government. As indi twenty-four. In addition, the Vermont cated in the table "Apportionment of House and Senate committees usually meet Legislatures," provisions relating . to it" jointly. Major reductions in numbers of appear in the constitution of ever)' state. In comrnittees were made during the past two states, however—Delaware and Mary-"' biennium for both houses in Georgia and. land-^no 'constitutional, provision relates Kentucky and for the Senate in Texas. The to subsequent reapportionment. Kentucky changes also initiated appoint- In the great majority of states, the legis , ment of committees by the presiding officers lature is the agency designated by the con rather than by the Committees' on Com stitution-to reiapportiom In most cases the mittees as in the past, j legislatures enjoy this power exclusively,/ although a trend is away from this prac MECH.ANICAL DEVICES tice. Six states have provided alternative Use of mechanical and other techno procedures in the event the legislature logical devices to expedite and improve the does not act: California, Illinois, Michi work of legislatures has increased in recent gan, Oregon, South Dakota and Texas. years. The electiric roll call machine, in Washington will be added to this group if particular, has been a means of conserving the voters in November, 1958, approve a much valuable legislative time. Between pending amendment.
.5- • 32 THE BOOK OF THE STATES Another group of four states ha? placed tiVe procedures carried on by their legisla the reapportioning power in non-legislative tive councils. In 1957 sessions, major hands. Arizona, which makes no provision studies in this field were initiated or con for Senate reapportionment, places re tinued in several other states, including sponsibility for redistricting the House in California, Connecticut, Iowa, Maine. the County Boards of Supervisors, Arkan New York and South Dakota. sas redistricts through a Board of Appor . The problem posed by the volume of J tionment (Governor, Secretary. of State bills reflects, in part, differing traditions and Attorney General). Missouri's House among the states, as suggested by an is reapportioned by the Secretary of State- analysis based on tables ,accompan\ inu and local governing bodies, the Senate by this report. In more than half of the stales, a commissioo. appointed by the Governor. the average number of bills introduced l)y And Ohio redistricts by action of the .. each legislator i^ regular sessions is ei^hi or Governor, Auditor and Secretary of State. "^less. The average in seven states—Arizona,' As indicated in the tabl4 citedy all ten Georgia, Missouri, Montana, New Htenp- states employing non-legislative boards in shire. North Dakota and Vermont—isTour conjunction with reapportionment actually bills or less. In marked contrast, the indi have reapportioned since 1950. Among the vidual legislator in four states, on tfe ; thirty-eight states-.^which do not employ average, introduces twenty bills or morj^v-- ^this method, fifteen^h^ve had their most Minnesota twenty, Florida twenty-seven, ) recent reapportionments in the 1950's, ten New York thirty-seven and California , 4n the 1940's, four in the I93b's, three in fifty-seven. Consideration of local bills in the 1920's, four in the period from 1900 to Florida and Minnesota accounts,in larctc 1920, and two prior to 1900. measure for the high averages in those Irt»1956 Arkansas voters ajpproved an states. The introduction in California of amendment freezing existing Senate dis spare bills (in reality, skeleton bills) in tricts. Colorado voters rejected a proposal anticipation oCthe early deadline on intro to shift reapportionment responsibility ductions has a bearing on the matter. And from the legislature to the State Supreme the differing sizes of legislatures also is a Court; the defeat of Alabiima and Florida factor.. But in spite of these variables, it is m measures is mentioned earlier in this sum- evident that traditions and habits, includ* ing to some extent the role played by legis mary. lative leadership, have important bearing CURRENT PROBLEMS on the volume of bills introduced. Legislators in a large and,'apparently, Various alternatives are being e.xplorcd increasing number of states are becoming to reduce the dimensions of this problem, more and riiore troubled by the sheer as well. as to obtain other benefits. The voliime of legislation introduced and con Hawaii Senate in its 1957 session intro sidered eiach session. Deliberation and duced a major innovation. Instead of in thoughtful action on bills have become troducing a bill, a member of that body X'tt ' much more difficult as a result, even with would introduce a short, one-page outline the assistance of the various legislative stating the purpose of his proposal and the services discussed in the following paper. general means of achieving the purpose. The problem is complicated, in many This was referred to committee and, if it states, by the many limitations placed on approved, the committee would prepare a the length, subject matter and frequency of conventional bill ^ancl report it out for sessions. In view of these situations, many reading, consideration^ and voting. ; legislatures are studying ways in which The Iowa Legislative Research Bureau procedures may be altered to assure maxi currently is exploring means by which a mum productive use of session time, through calendar of bills could be available for elimination of unnecessary steps, reorgan consideration immediately upon conven ization of outmoded practices and employ ing of the session^ The North Dakota Legis ment of new devices. Several states, in lative Research Committee is studying cluding Oklahoma, Tennessee and Wash similar matters. In Ndjvv York the legisla ington, have continuing studies of legisla- tive leaders of both parties, as an outgrowth
/ LEGISLATURES A ND LEGISLATION 33 f . ' i" of a current study there, in late 1957 work by hearings comnuttees is dependent joined in urging maximum use of pre on this presession activity, however, it is session bill filing; the purpose was to re likely that this is a practice which ..will duce the glut of bills introduced prior to 'become more widespread in coming years. the deadline (usually mid-February), to A few annual session states—Arizona, reduce other logjams, and to obtain final Michigan, New Jersey and New York- action on more bills during the session. arc considering the Congressional practice Various studies in rece^ years have (and that of Georgia, South Carolina and recommended the filing and printing of Puerto Rico) of carrying over bills still bills prior to the session, but the legislative on calendar from one session to ithe next response has been Hmited. Since earlier during the life of the. same legislature.
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n 34 THE BOOK OF THE STATES OFFICIAL NAMES OF LEGISLATIVE BODIES AND CAPITOL BUILDINGS
Capitol Slate or other jurisdiction Both bodies ""] Senate Houie building Alabama, State of Legislature Senate House of Representatives Sute Capitol Arizona, State of Legislature Senate House of Representatives State Hou'seCb) Arkansas, State of... General Assembly Senate House of Representatives State Ca'pitol California, State of Legislature Senate Assembly State Capitol Colonulo, 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 F^Drlda, State of. ; Legislature Senate House of Representatives State Capitol Georjtla, State of General Assemblyv Sefnate House of Representatives State Capitol Idaho, State of Legislature Senate House of Representatives State Capitol Illinois, State of General Assembly Senate House of Representatives State Capitol Indiana, State of General Assembly Senate House of Representatives (b) Iowa, State of General Assembly Senate House of Representatives State Capitol Kansas, State of Legislature. Senate .House of Representatives State House(a) Kentucky, Commonwealth of... General Assembly Senate House of Representatives State jCapitol Louisiana, State of Legislature Senate House of Representatives State Capitol Maine, State of .\.... Legislature Senate House of Representatives State Houses Maryland, State of J General Assembly Senate t House of Delegates State House Massachusetts, Common- \ ' wealth of., !.... General Court Senate House of Representatins Sute House Michigan, State of U^ Legislature Senate House of Representatiws State Capitol k /. . 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 Reprdeentatives State Capitol Montana, State of Legislative Assembly Senate House of Representatives State Capitol \ Nebraska, State of Legislature Unicameral State Capitol Nevada, State of Legislature Senate Assembly ^ State Capitol New Hampshire, State of General Court Senate House of Representati State House New Jersey, State of Legislature Senate General Assembly State House New Mexico, State of Legislature Senate House of Representatives State Capitol ' If ew York, State of Legislature Senate Assembly / State Capitol North Carolina, State of General Assembly Senate House of Representatives State Capitol North Dakota, State of Legislative Assembly Senate House of Represefatatives State Capitol Ohio, State of. General Assembly Senate House of Representatives State House(a) Oklahoma, State of Legislature Senate House of Representatives State Capitol Orefton. State of Legislative Assembly Senate House of Reiiresentatlves State Capitol PennsyiTanla, Common wealth of General Assembly Senate House of Representatives , State Capitol Rhode Island and Providence Plantations, State'of General Assembly . Senate House of Representatives State House South Carolina, State of General Assembly Senate House,.Of Representatives State House South Dakota, State of Legislature Senate Hou^ of Representatives State Capitol Tennessee, State of..; General Assembly Senate Hou?e of Representatives State Capitol Texas, State of Legislature Senate Hpuse of ^presentatives State Capitol(a) Utah, State of Legislature Senate House of Representatives State Capitol* Vermont, State of General Assembly Senate House of Representatives State House Virftlnia, Commonwealth of..... General As^mbly Senate House of Delegates State Capitol }(Vashiniltbn, State of Legislature House of Representatives Legislative ' House of Delegates Building West Virginia, istate of. Legislature State Capitol Wisconsin, State of Legislature ocuaiD/. Assembly State Capitol Wyomlnit, State of Legislature Senate House of Representatives State Capitol Alaska, Territory of • • ^ Legislature House of Representatives Federal & Ter- . ritorial Bldg. Guam. Legislature Congress Building Hawaii, Territory of. Territorial Legislature te. House of Representatives lolani Palace nate House of Representatives Capitol Puerto Rico, Commonwealth of. Legislative A^mbly Unicamertti' Capitol VlrjUn Islands, Territory of Legislature (a) Unofficial. (b) No official name. Both "State House" and "State Caplttl ^ LEGISLATURES AND LEGISLATION 35 THE LEGISLATORS ' Numbers, Terms and Party Affiliations As of December, 1957
Senate House / Cunsti- 'tutional Va- Consti- Va- Consti total j^ stale or ' Demo Repub- can- tutional Demo Repuh- can- tutional/ of legis other jurisdiction crats licans Other cies total Term crats licans Other ties total Term lators 35 4 106 106 4 141 ^^Vrlzona 2 '.. ..28 2 57 23 '.'. '.'. 80 2 108 ..35 4 97 2 1(a) .. 100 2 135 20 .... 40 4 38- 42 .. 80 2 120 21 14 .. .. 35 4 '38 27 .."^ ... 65 *2 ' 100 S 31 .. ... • 3'5 2 30 . 249 .. 1 280(b) 2 , 3164b) 13 4 .. .. 17 4 19 16 ' .. 35 2 ' 52 Florida...... 37 1 .. .. 38 4 89 6 .. .. ; 95(c) 2 133(c) 54 2 205 205 2 259 25 19 ^44 J 27 '32 59 2 103 Illinola ....'.... 18 38 .. 2 • 58 '«'4 83 94 177 2 23Si, 17 3i .. .. «S0 4 24 75 .. 1 100 2 ISO A . ^- . 40 .. .. 50 4 36 72 .. .. 108 2 158 * 32 .. .. 40, 4 42 83 .. • .. 125 2 165 9 38 4 75 25 .. 1 100 2 138 , 39 4 101 101 4 140 .. 8 25 .. .. 33 2 51 100 .. 151 2 184 21 8 .... 29 4 98 25 .. * .. 123 4 152 18 22 .: .. 40 2 132 108 .. \.. 240 2 280 Michigan ...... 11 23 .. ..34 2 -49 61 .. i. 110(d) 2 144(d) .. Noripartisa n election.. 67 4 Nonr artisan election .. 131 2 198 49 49 4 140 140 4 189 13 :. ... 34 4 93 "64 .'• !! 157 2 191 31 25 .... 56 4 59 35 . .. ,, 94 2 ISO ipartisan election. Unicameral legislature, 43 12 17(e) 4 31 16 ., 47(e) 2 64(e) 18 .. .. 24 2 115 272 3 10 400(0 2 424(f) 7 14 .... 21 4 20 38 .. 2 60 2 81 24 8 .. .. 32 4 43 23 .. .. 66 2 98 20 ,38 .. .. 58 2 54 96 .. 150 2 208 47 "•^ .. .. 50 2 107 13 120 2 170 North Dakota.. 7 42 .. .. 4? 4 19 88 .; 6 113 2 162(g) 22 .. - .. 34 2la) 42 97 .. .; 139 2 173(h) 4 .. 44 4 101 •20 ., „ .. 121(b) 2 165 (i) 15 15 .... 30 4 37 23 .. .. 60 2 90 .27 .. . .. % SO 4 84 126 210 2 260 .. 18 '25 .. 1 -fel 2 63 37 .. 100 2 144 .... 46 4 124 124 2 170 17 18 .. ,. 35 2 28 •47 '.'. '.'. 75 2 110 6 .. ..33 2 78 21 .. .. 99 2 132 .'. 31 4 ISO ISO 2 181 .Utah 10 IS .. .. 25 4 24 •39 i(a) '.'. 64 2 89 24 .. .. 30 2 32 212 2(a) .. 246. 2 276 ^nrftlnla 35 3 .. 2 40 4 94 S .. 1 100 2 140 15 ..... 46 4 56 43 .. .. 99 2 145 Weat Virginia..: 21 11 ..; .. .12 , 4 58 42 .. ... 100 2 132 10 23 .. ., 33 4 33 66 '.. 1 1000) 2 133 (j) 16 .. .. 27 4 26 30 ~ .. 56 2 83 5 .. .. 16 4 21 3 24 2 40 21 HawaU .. 12 3 IS 4 18 12 .. .. 30 2 45 22(1c ) 6 3(1) 1 32 4 47(k ) 11 6(1) .. 64 4 96(m) Vlrftln Islands 5 ..6 .. 11 2 ..... 11 (a) Independent. for the succeeding session. In 1956 the Senate was increased Constitutional total of House members may vary accord from 33 to 34, the House from 136 to 139. ing(b t)o populatio- n increase. (i) Total of Oklahoma House members may., vary accordlns Ic) Constitutional total of House members varies according to population. to inislative creation of or reduction of counties; G) Constitution sets number of Assemblymen at not leta (d) Constitution sets number of Representatives at not less than 54 nor more than 100, afad the number of Senators at nof than 64 nor more than 110. less than one-fourth nor more than one-third the number of (e) Total number of legislators cannot exceed 75; numtter of Assemblymen. Senators cannot be less tnan one-third nor more than one-half (k) Popular Democratic Party. the number of Assemblymen. (1) Independentist. . (f) Constitutional total of House members cannot be less (m) The constitution of Puerto Rico provides for selection thin 375 nor more than 400. of additional members from minority parties after each general (S) Number of leglsletora set by statute rather than by election. Such selection is based fundamentally on the number constitution. of votes received by each minority party. (b) The constitution requires reapportionment every ten (n) Amendment approved November, 1956, increaaea Senate year* and also seta up a ratio and api>ortIoninK so that reap terms to four yesra. staggered. Kxtension of terms will be spread portionment is actually accomplished in each biennial period over elections of 1958 and 1960. im
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SALARIES, AND COMPENSATION OF LEGISLATORS
SALARY AND DAILY PAY PLANS - ADDITIONAL COMPENSATION FOR LEGISLATORS Regular session Special session A / ^ •\f Salary Daily pay plan plan -\ r— \ / Amount Basic Date Travel allowance Limit on of salary Limit salary basic Amount no. of calculated Amount on no. is salary Amount .Additional expense Slate or per days of for of pay of days fixed estab' per Number of trips allowances other jurisdiction day pay biennium Per day of pay lished mile during session during session Alabama $10 36 L(a) 36 L Const. 1946 10c One round trip $20 per day (a) Arizona .'i.... 8 60C(b) 8 20 C Const. 1932 20c One way $17 per day(c) Arkansas...' $ 1,200 6 15 C Const. 1946 5c One round trip i None California 12,000(b) Const. 1954 5c(d) $18 per day; extra allowances for committee mem- bers(d) '• Colorado 20 120 C 3,600(b,x) 20 None Stat. 1953 (e) One round^rip None. ^ Connecticut. 600 ..... Const. 1946 10c None Delaware.... 2,000 ... Statr^ 1949 15c Unlimited mileage $25 stationery and supplies Florida 2.400 Const. 1954 10c Round trip i)er weelc ^ $15 per day Georgia 10 •40C(b) 10 70C(f) Con.st. 1945 10c One round trip $5 per day Idaho...... 10 60 G 10 20 C Const. 1946 10c One round trip ( .Additional $15 a day for niuxiniuin of 60 days for committee members IlUnoU... 12.000(i) Sut. 1957 10c Round trip per week $50 for postage and stationery (^ Indiana.. 3,600 Stat. 1955 6c Round trip per week None _ "^ ^ lovra.,... .30 30 None Stat. 1957 7c One round trip None Kansas..: 90(b.g) 5 30 L Const. & 1949 15c One round trip • .' $7 per day s Stat. Kentucky. 25 50 L(h) 25 None Stat. 1950 ISc One round trip $10 i)er day. not to exceed $600; $50 in lieu of stationery LouUana...... 50 90C(b.g) 50 30 C Stat. 1956 10c Eight round trips and $150 [jer month while legislature not iii session four round trips during budget session Maine l,400(i) 10 None Stat. . 1957 5c Round trip per week Small allowance for postage, telephone, etc. Maryland 3,600(b) Const. 1948 20ca) • $1,200 per biennium Massachusetts...... ' 10.400(b) (W) None Stat. 1956 $1,000 per biennium; weekly expense allowance ac 7c(l) Each day(1) cording to distance from capitol(l) Michigan 8.000(b) Stat. 19S4 $2,000 per biennium; plus allowance for postage, •• • f 10c Round trip per month telephone and telegraph Minnesota ... 4.800 25 None Stat. 1955 $1,200 or $800 at 1957 sesst«n(m). Mississippi 3.000(n) 22.50(n25 ) None Stat. 1956 15c One round trip. None Missouri...... 3,000 ...... Const. 1945 10c One round trip(o) $10 per day . / Montana..... 20 60 C 20 60 C Stat. 1955 10c One round trip None ^ Nebraska 1.744 Const. & 1934 7c $100 postage allowance Stat'. 6c One round trip Nevada . 15 60C 15 20 C Stat. 1945 10c Daily commuting(p) $15 per day(p); $60 for postage, etc. New Hampshire. .200 3 15 C Const. 1889 (q), Rate-distance ratio(q) None New Jersey lO.OOOfb) Const. & 1954 ... State railroad pass None. '~>x ' •. Stat. New Mexico. 20 60 C 20 30 C Const. & 1953 10c One round trip Stationery, postage, telephone and telegraph Stat. allowance' f New York... 15.000(b) Const. & 1954 (e) . Round trip i)er week $1,000 expense allowance at 1957 annual session Stat. North Carolina. 15 120 C IS 25 C Const. 1956 7c One round trip $8 per day subsistence North Dakota.. 5 60 L 5 None Const. 1889 10c One round trip $20 per day .' /^ Ohio 10,000 Stat. 1955 iOc Round trip per week Postage and stationery Oklahoma. IS 75 L(r) 3.9S0(r) 15 75'^(r) Const. 1948 1O c One round trip Postage, stationery, telepfione and telegraph allow* ance ai)d shipping' legislative supplies Oregon... l,200(s) Const. 1950 10c One round trip Postage, stationery and shipping legislative sup plies Fennsylvanta... 6.000 (t) (t) Stat. 1955 Round trip per week ^,000 annual
Rhode Island... S 60 L(b) 1 Const. 1900 8c ..
•f Abbreviations:!^—LesiBlativc days; C—Calendar days. (m) $1,200 was allowed for expenses except that legislators who did not have to leave their (a) In practice the lesislature meets for 18 weeks. Legislators receive $210 a week in com homes to attend session received $800. bined.daily salary and expense allowance, a total of $3,780 for each regular biennial session, (n) This salary becomes effective at the 1958 session. fb) Annual Bcsslons. • . to) Plus one extra round trip each 7 days at 6c a mile.. - (c) For regular and'special sessions. (p) 10c a mile for daily commuting or $15 per day if living in capital. (d) 10c a mile for. committee meetings and $15 a day for maximum of 60 days for interim (q) 20c per mile for first 45 miles, 8c for next 25 miles, 6c for next 25 miles. 5c over 95 miles. committee meetings. (r) X.egislatora receive $15 lor first 75 legislative days, including intervening non-leglslatlve (e). Actual and necessary expenses.. days, for regular or special session, otherwise $100 a month. (f) 70-day limit on •i>ecial sessions called by Governor; 30-day limit on scBaions convened <8) Proposed consututional amendment to be voted November, 1958, and effective upon t>y legislature except for impeachment proceedings. ' • roclamation of the Governor, if adopted, would increase legislative salaries from $1,200 to (g) 90 days biennial'total: 60-day regular session. 30-day budget session. 2^400 a bidnnium. (h) Ivegisfators are paid for Sundays and holidays during session, consequently compensa S (t) Fixed amount for special sessions: Pennsylvania. $500. or $750 if longer than one tion period usually is /2 to 74 days. month; Virginia, $540; Hawaii, $500. , - , (i) tXhis salary becomes effective at 'the 1959 session. For Illinois this is an increase from (u) lOc a mile for one round trip; thereafter. 7c a mile for first 2,000 miles per month, oc m $10,000 a blennlum; except that holdover Senators continue to receive the old salary until mile for each additional mite once a week during the session. present terms expire. In Wisconsin, holdover Senators will continue to receive $4,800 a bien- •I (v) For legislators filing affidavit regarding necessity of establishing temporary residence nium, while those elected in 1958 and thereafter will receive $30O per month or'^7,200 for at capital z-^' ^^w f • LEGISLATIVE SESSIONS Limitations Special sessions Years in on length which Sessions convene of sessions Legislature may Stale or sessions A « Legislature determine sub-- other juriidiction are field- Month Day / Regular Special • may call • ject Alabiania Odd May 1st Tuc3.(a) 36 L 36 L No/ 2/3 vote those present Arizona - Annual Jan. 2nd Mon. . i 60C(b) 20C(b) Petition 2/3 members • Yes Arkansas Odd Jan. 2nd Mon. 60 C IS C(c) No (c) California . :, AnnuaUd) Jan. Odd-Mon. after Jan. 1 120C None No No Feb. Even-lst Mon. 30 C Colorado ; .\nnual(d) Jan. Wed. after 1st fues. 120 C(b) None No No Connecticut...... Odd Jan. Wed. after 1st Mon. ISO.CCe) None Yes Yes Delaware > ' Odd Jan. 1st Tues. None 30(b) No Yes Florida... Odd Apr. Tues. after 1st Mon. 60 C(0 20 C(uj (u) Yea(u) Georgia.. i '.\ Annual Jan. 2nd Mon. 40 C (g) Petition 3/5 members(h) Yes Idaho Odd Jan. . Mon. after Jan. 1' 60 C(b) 20 C -No No Illinois... Odd Jan. Wed. after Ist Mon. NoneCi) None No No Indiana Odd' Jan. Thurs, after 1st Mon. 61 C 40 C No Yes 00 Iowa • Odd Jan. . 2nd Mon. NoneO) None No Yes Kansas. Annual(d) Jan. Odd-2nd Tues. 60 L(b) 30 L(b) No Yes Jan. Even-2nd Tues.- 30 0 Kentucky ...... Even Jan. Tues. after 1st Mon. 60 L • None. No • No Louisiana .- Annual(d) May- Even-2nd Mon. 60 C 30 C Petition 2/3 elected members No(k) May Odd-2nd Mon. 30 C each house Maine... t .-... . Odd Jan. • Ist Wed. N'one None • No Yes Maryland... '....; '... .AnnuaUd) Jan. Odd-lst Wed. 90 C 30 C No Yes Feb. Even-ldt Wed. 30 0 Massachusetts ....!.. Annual Jan. 1st Wed. None . None Yes o Yes Mlchiiian Annual Jan. 2nd Wed. None None No' No Minnesota .....;'.; Odd Jan. Tues. after Ist-Mon. 90 L None ' No Yes Mississippi Even Jan. Tue.^. after Ist Mon. None None • No No Missouri. .;... Odd Jan. Wed. after Jan. 1 l.SO C(e) 60 C No -No Montana^ ..... Odd Jan. '1st Mon. 60 C 6aC(b) No . No Nebraska Odd Jan. 1st Tues, None None Petition 2/3 members ^' No Nevada..;..... :... Odd Jan.. 3rd Mon'. 60C 20 C No No New Hampshire Odd Jan. . 1st Wed. None 15 C(b) Yes / Yes New Jersey .' Annual Jan. 2nd T^es. None None (1). I Yes ;lX. New Mexico. Odd Jan. , 2nd Tues. 60 C . 30 C(m) Yes(m) • YesCm) New York..to.' •- Annual; . Jan. Wed. after Ist Mori. None • None No • No North Carolina Odd " - Feb^ Wed. after lat Mon. 120 C(b) 25 C(b) • No Yes North Dakota Odd Jan.. Tues. after 1st Mon. ' , 60 L None No Yes Ohio Odd' Jan. 1st Mon. None None No No Oklahonia!.... Odd ,' • Jan. Tues. after 1st Mon. None None No{u) No Oregon Odd ? Jan. 2nd Mon. None None No Yes Pennsylvania Odd .' Jan. 1st Tues. None None No No • Rhode Island ;...... Annual Jan. 1st Tues. 60 L(b) None No No South Carolina.....' .-\nnual Jan.- 2nd Tues. None • None No " . Yes South Dakota '. Odd Jan. Tues. after 1st Mon. 60 C None » No Yes Tennessee...... , : Odd ' Jan. IstMon. 75 C(b) 20 C(b) " No No Texas...... Odd Jan. 2nd Tues. 120 C(b) .30 C No No Utah Odd Jan. 2nd Mon. 60 C 30 C -No So Vermont •. ; Odd • Jan. W'ed. after 1st Mon. None None No" • Yes Virginia Even . Jan. . 2nd Wed. 60 C(b.o) 30 C(b.o) Petition 2/3 members Yes Washington Odd Jan. 2nd Mon. 60 C i None No Yes West Virginia. .Vnnual(d) Jan. Odd-2nd Wed. 60 C(p) None Petition 2/3 members No • Jan. Even-2nd Wed. 30 CCp) / W Wisconsin ; ....,.' Odd ' Jan. "2nd Wed. None None No. .. No /, .^Wyoming... Odd Jan. 2nd Tues. 40 C None No .Yes Alaska .: Odd Jan. - 4111 Mon. 60 C 30 C No .\o . Guam...... Annual Jan. 2nd Mon. 60 C (a) 14 C No No Hawaii...... ;... '.Odd , Keb. 3rd Wed. 60 L(r) 60Ur; No • Yes Puerto lUco . \Annual Jan. 2nd Mon. HlC(e,s) 20 C . No . No Virgin Islands.... :. f.Vnnual .Vpr. 2nd Mon. 60 15(t) No • No . Abbreviations: L—Legislative days; C—C.-ilendar days. . (') I'etition by majority members of eatli liousu to Governor, who then "shall" call special (a) I^Rislature meets quadrennially on .Mi-cond TucMlay in January after election for pur- sesaiou. pose of organizing. • /' fl ^""^ Limitation, does not apply if impeachment trial is pending or in process. Legislature , (b) Indirect restriction on session Icngtli. LegislutorH'pay ceases but session may continue". may call 30-day "extraordinary" session if Governor refuses to call session when requested (c) Governor may convene General Assembly for specified purpose. After specific business by H of legislature. is transacted, a M vote of members of both houses may extend'sessions up to 15 days. (n) Governor may convene Senate alone in special session. '. (d) Alternate year budget sessions are held, all except the Louisiana .session meeting in (o) May. be extended up to 3,0 days by H vote of each house, but without pay. . the even-numbered years. ' if « LEGISLATIVE PROCEDURE: OFFICIAL RECORDS -Journal- Records of com- . Permanent Verbatim record mittee hearings State or other Published Shows rulings Shows all 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 No . No • Comihittee on Revision of Journal Arizona.. No(a) Yes Yes • House-r-^Chief Clerk; Senate—Secretary Yes—subject,, bill, No • sponsor Arkansas... 1 No(c)' Yes Yes Journal Committees Ye3(c)—bill No No California Yes - 'Yes Yes—subject, bill, No •5 No ; • Yes House—Chief Clerk; Senate—Journal'Clerk sponsor • r • • • ' 1 Colorado...... Yes (d) Third reading Yes—subject, bill. In part(e) House—Chief Clerk; Senate—Secretary sponsor, committee .:(o Connecticut Yes. No Only when a divi Yes—subject Yes . 'Yes • sion is ordered Clerks Delaware.... No(g) No Yes House—Chief Clerk; Senate—^^Secre'tarV Yes—subject . No (h) Florida. Yes Yes Yes—for bills and House—Chief Clerk Yes—bill, sponsor, .No No proposed consti subject tutional amend- •o.v ments .• ^*i o Georgia No No Totals only House—Committee on Auditing, Enrolling Yes No No & Engrossing Journals; Senate—Adminis trative Affairs Committee Idaho. Yes; (d) Yes Journal Committees Yes—subject, bill. In part Senate—Yes gubernatorial ac House—Some tion ; Illinois...... :.. Yes No Yes House-=-Speaker; Senate—Secretary Yes—subject, bill . House—In part(i) House—Yes • Senate—No • Senate—No Indiana No(a) Yes Yes House—rCouimittee on Correction of Jour Yes No No nal; Senate—Committee on Supervision and Inspection of Journal Iowa. •Yes^ Yes Final passage, and House—Chief Clerk and House members; Yes—sponsor, sub- « No Minutes only. when yes-no Senate—Secretary and Senate mer.ibers ject votes are taken Kansas. . Yes Not always Final, passage •Journal Clerks Yes No No Kentucky...... No (J) Yes. Legislative Research Commission Yes \o No(k) Louisiana Yes 0) Yes Clerks • ' Yes In pary^ No' Maine.... Hbuse^Yes House—(j, i)_ Yes(i; House—Clerk;;Senate—Secretary Yes—subject. bill Yes No Senate-:—Yes • Senate—Yes(i) Maryland. No No Third reading Department of Legislative Reference Yes—subject. bill No No Massachusetts. Yes . Yes '• Yes Z^' • House—Assistant Clerk;,Senate—Clerk Yes . No No Michigan.../., Yes • Yes Final passage House—Clerk; Senate—Secretary Yes—subject, bill. In part(i) ' .'• .• YesCl) . si)onsor Minnesota. . Yes House—Yes Yes House-^Assistant Chief Clerk; Senate— Yes—.subject, bill, House—No Yes(l) Senate—Yesfe, j) Secretary i sponsor Senate-^ (e) MfSBiBSlppi Xo(a) Yea House—(m). House—Clerk; Senate^Secretary Yes No No Senate—Yes Missouri :•...... Yes Yes Yes House—Chief Clerk; Senate—rSecretary Yes—-subject, bill, -.' No:. . •. No spdnsor Montana.. No(a) Yes ^Yes Journal committees • • Yes—subject, bill No Minutes only / Nebraska., Yes Yea No Clerk Yes . • No •Yes(n)' Nevada Yes Yes Yes Legislative Counsel Bureau Yea—subject, bill In part(e) Yes(x) New. Harnpshire Yes Yes YeT • House—Committee onijoumal; Senate— Yes—subject House—No Yes(o) t. Clerk • : I • , . Seriate—Yea(y) New Jersey Yes Yes Yes General Assembly—Executive Secretary; Yes No Ye3(k) Senate—Secretary New Mexico... N'oCiO Yes Yes House^LcKislative Council; Senate—Ju No . House—^^In part House—No . diciary Committee ' Senate—No Seniate—(1) New York.....". No Yi-s Contested bills Senate—Journal Clerk Yes—subject, bill. Yes—Senate Rarely and money bills sponsor, title, veto North Carolina. No Yes No iClerks Yes—subject, bill. No No :. sponsor North Dakota;.. Yes Yes Final passage . House—Chief Clerk"; Senate—Secretary Yes • In part(i) No oh4...... ;... Yes Yes Yes • House—Journal Clerk; Senate—Clerk Yea—subject, bill. No . 'No' sponsor. co LEGISLATIVE PROCEDURE: OFFICIAL RECORDS^Continued -Journal- Records of com . Permanent Verbatim record mittee hearings . Slate or other Published Shows rulings Shows all journal ' of proceedings of . and proceedings jurisdiction daily of chair votes Checked by indexed houses maintained taken \ Washington.... No Yes Yes. House—Chief Clerkf Senate^ournal Yes—subject, bill House—In part(i) • House—Yes(l) Clerk Senate—No Senate-^ Yes West Virginia.. Yea \^ ^ Yes Senate^Yes House—Members; .Senate—Clerk Yes—subject, bill, House—Yes Yes House—Final sponsor Senate—In part passage Wisconsin..:. Yes Yes Yea Chief Clerks .Yes—subject, spon No • Yes sor, lobbyistg Wyoming...... No(a) . ;No Yes . House and Senate Attorneys , Yes No No Alaska. Yea '•^es Yes-^except voice Committee on Engrossment & Enrollment Yes. In part Yes(e) and standing . 1 • votes Guam. ', Yea , • Yea Legislative Staff Director and Legislative Body Yes Yea Yes Hawaii...... House—Yea -^ Yea Hoiise—No House—Speaker; Senate—President: Ves—subject In part House—(w) M Senate—No Senate—Yea Senate—No ^ Puerto Rico.. Yes • No .Yea.. • ^cretary Yes—subject Yes Yes(k) Virgin Islands.. Yes Yes Yea * The Legislature • . No Yes (1) . (a) Daily journal ia prepared, but maintained in typed form. Permanent journal is printed (p) Daily House journal is prepared, but maintained in typed form. Permanent House jour after close of session, i nal is not printed. In the Senate, no dally journal is prepared although notes are taken on each (b) Some inlnutes are, taken of public hearings on controversial measures and kept in files of day's action for the permanent journal. Although theSecretary of State-Is required to publish . the reapectlve houae defies. the permanent journal, this is not done in practicei-After the 1957 session, for the first time, (c) Daily journal is prepared, but maintained in typed form. Permanent journal Is printed the Senate printed a limited number of copIe8,'using ofiTset^multilith process. pnly occasionally. %\.. • i (q) Record maintained in separate ndteboolc. . (d) Recorded only, in the House, when ruling establishes a precedent. In Idaho, depends on (rj Dally journal is permanent journal. ^S-. . h Importance of question, i i '• r (s) On general bills. —:_^ • O (e) Upon request. '. ' : (t) A tape recording of entire proceedings of theJIouse was instituted'in the 1957 session. ,"ti (0 In Senate, upon request of committee, and expenditure of money for taking record must I The recording is preserved by the Utah State Historical-Society and ia not open to the public be approved by Senate. In House as requested by committee members. for a period of ten years. j " ;) Dally Journal is not prepared. • . (u) A summary of proceedings is midntained. . ^^^^ , i) Records are maintained oh-proceedings of Joint Finance Committee. (v) Sometimes the proceedings of the Senate appropriations committee are taken. ,i) Published in permanent journal. (w) Record keeping for some House committees initiated at 1957 session. i) Rulins of chair is recordedonly If it is appealed. (z) Committees occasionally, but not as a rule, have a stenographer or mechanical recorder , Some public hearings and investigations recorded. In Kentucky, committee vote on take testimony, especially of witnesses. Assembly Judiciary Committee has a full time stenog is reported vrith bill to the whole House. ... , rapher. :} Upon request of committee or committee chairman. i ' '(y) Senate record appears In both daily and permanent journals. im) If speaker submits written ruling.- .i . . Minutes of all standing committee hearings kept but not printed. Occasiontdly verbatim a)' Reports of those appearing before committees and material presented in the narrative testimonWr •y before- investigatin- — g committees may appear in full as supplement to the journals. .recorded. \ . (aa) Recordings are made by the Library and Archives for historical .purix>3es only. The Proceedings of House and Senate Judiciary and Ways and Means, House Appropria- journal Is thebfhcial record. and Senate Finance committees are recorded; other House and Senate committees minutes which vary in completeness. t ^p LEGISLATURES AND LEGISLATION 43 LEGISLATIVE PROCEDURE: STANDING COMMITTEES AND HEARINGS No. of standing committees at Range in size House most recent of Hearings committees Senate regular session . ^ committees open Slate or appointed committees r 1 r to other jurisdiction by Speaker appointed by House_ Senate Joint House Senate Joint public* Alabama...... President IS 30 0 7-lS 2-21 Dis. Arizona...... President 20 21 0 t IS 7-11 Dis. Arkansas...... President 65 21 1 3-40 : 5-^11 "\2 Dis. California Comm. on Rules 25 22 1 6-28 Yes * • 5-13 Colorado Resolution 18 20 1 5-19 4-20 N 6 Dis. Connecticut... Pres. pro tern 0 0 28 (n) Yes Delaware Pfes. pro teni 22 26 0 3-5' Dis. 5-25 "s" Florida... President .53 40 1 7-13 "6* Yes (a) Geor^.. • President 24 16 0 5-lS S-3S Dis. • Idaho.. • President- 20 22 3 3-11 5-11 9-18 Dis. • ifUnols...... * • .'Comm. on Comms. 22 23 0 6-41 3-29 Yes Indiana / * President. 41 38 2 4-17 5-11 8-12 Dis.- Iowa ; t • President •37 39 • 2 7-48 4-29 7 Dis. Kansas...... President 43 30 1 3-23 5-U 12. ' Dis. Kentucky ." • President 18 IS 0 8-37 9-16 Dis. Louisiana • President 16 17 0 16-20 6-17 Dis.- Maine "'•• • President 7 3 24 4-16 4-12 7-10 Yes Maryland • President 14 14 3 5-3S 3-15 6-10 Yes Masaactiusetts • President 6 4 31 3-lS 3-8- IS Yes Michigan Comm. on Comms." 47 19 0 5-15 5-7 Dis. Minnesota..., ..... Comm. on Comms. 39 32 0 5-29 5-23 Yes Misslsalppi.. • Lt. Governor 50 46 5 5-33 3-26 5-13 Dis. Missouri Pres. pro tern 63 26 1 4-54 5-13 12 Dis. Montana. • Specbl comm.(b) 36 36 0 3-15 3-13 Dis. Nebraska...... (c) Comm. on Comms. (c) 14 (c) (c) 1-8 (c) Yes Nevada. President " 27 19 0 .^S-11 3-5 Dis. New Hampshire.... President 25 18 1 3-21 3-7 8 Yes New Jersey...... President 1.6 16 4 • .7; 5-7 12 Dis. New Mexico.. • (d) Comm. on Comms. 16(e) 7(0 d 7-20 5-12 bis. New York • Pres. pro tern 36 28 0 15-20 6-25 Dis. Ncr th. Carolina..... • President 46 29 0 8-r62 6-26 Yes North Dakota Comm. on Comms. 20 20 lO 3-22 3-17 Dis. Ohio.....;.... Pres. pro tern 22 18 4 7-23 7-tl 4 Yes Oklahoma • (K) (h) 34 32 0 3-30 2-28 Dis. . Oregon • President 20 21 I 6-11 5-9 "14* Yes Pennsylvania • Pres. pro tern 31 22 0 15-20 9-24 . Dis.' Rhode island -k Named in rules 15 17 6 8-18 5-10 8 Dis. South Carolina • E!ected(i) . 8 33 .3 5-27 "6-19 6-15 Dis. South Diakota..;... • President .^0 27 0 3-15 3-15 .... Dis. Tennessee ' • Speaker,- 17 17 0 16-30 7-16 • Dis. Texas • President 43 24 0 5-21 5-21 .... Yes Utah... • President IS IS 1 14-17 4-7 28 Yes • Vermont...... ;.... -k . Special comm. 18- 18 3{j) 5-15 3-6 6-56 Yea Virginia...... • Elected . ' 34 ,21 3 NA NA NA Dis.(k) Washington... • President 2(S 32 0 6-52 3-29 Dis. . West Virginia • President 25 . 29 3 10-25 3-18 5 Dis; Wisconsin • Comm. on Comms.(b) 23 II 2 3-11 3-10 5-14 Yes Wyoming • President 18 16 1 7-10 2-5 .... Dis. -Alaska...... 0) (1) 12 8 2 5 4 6 Dis., Guam (c) fli) (c> NA ""(c) (c) 7 (c) Yes HawaU. .;..... • Pre9ident(m) 15 .14 0 3-9 2-7 ...-. Dis. FuertoRico - • President 16 .16 . 4 7-23 5-17 * 7-16 Dis. Vh-ghi Islands (c) Elected (c) 4 (c) (c) 5-7 (c) Yes . •Abbreviations: Dis.—Discretionary; NA—^Information ; • . C- • :' . • • V : • •••••• . \ r^ W *^ LEGISLATIVE PROCEDURE: BILL INTRODUCTION AND REFERENCE ; • • ••-'.. Exceptions to limitations '• By RevC' At Pre- • tndtcated For nue and re session Pre- « vote of com- appro^ quest biU session BiUs referred to committee Commit appro mit- pria- of . drafting biU; by tee must Time limits on priate tee tion Gov service filing report jurisdiction ' introduction of bills house biUs . piUs ernor Other provided permitted House . Senate aU bills No limitations • • - • • Yes(a) No Speaker President No Senate—SOtli day 2/3 Yes(a) No Speaker President No House—SOth day . By action of Rules Committee Arkansas . None last 3 days Yes No Speaker • President Yes Regular—Constitu 374(b) Yes(a) No Speaker Rules Comm. Yea(c) tional Recess (b) ••• Budget session—No limitations Set at last week • * • Yes(a) No S])eaker President YesCc) Fixed at session . ••• .. '•• Yes(a) Yes Speaker President No Yes(a) No Speaker P.O. No Florida,..;...... No limitations Yea No Sijeaker President Yes No limitations Yes Yes Speaker President No Fixed at session .No No Speaker President Yes lUlnoIs...... Minor limitations(d) Yes (a) No - Speaker Bills Comin. No Senate—33rd day Majority •• ' '. ' ' ' • .•• ' Yes No Speaker President No House—30th day Iowa, No No Speaker President No Kansas. • V Yes(a) No , • • Speaker President pro tern No No limitations .. ••.... Yes(a) No . Speaker President • No • Regular—2l8t day 2/3 elected Const, amendments, Yes Yes Speaker(e) President fe) No : Budget session—10th 30 days day Maine....;...... Fixed at session Unanimous Yes(a) ; (f) Joint. Committee(g) No Regular—70th day 2/3 Yes(a) No Speaker President No Budget session—20th day Massachusetts.... Must be introduced one 4/5 present anc '..••' X Bills in reports due Yes(a) Required (h) Clcrk(i) • Clerk(i) Yes ' month before sessioq voting after convening By joint rule , ... Yes(a) YesO) Speaker President(k; No •^ 70th day • . X Yes No Speaker President No :.- , None last 3 days(l) Yes No Speaker . President NoT Missouri...... 60th day Majority X X Yes(a) No Speaker President Yes Montana Senate—30th day 2/3 X No • No Speaker •President: • Yes ' House^40th day Nebraska 20th day , 2/3 eiec'ted x" X Ye8(m) Yes(n) (0) Reference Qomm . No Nevada...... ;.... Senate—No limitations '.'•'. :^ House—40th day Majority X '.'. New Hampshire.. 3rd Thursday 2/3 (p) .. Yes Yes Speaker '. President' ;,_ Yes(c) New Jersey...... , 6th week X{q) YesCa) No Speaker President No New Mexico.....'. 45th day X Yes(a) No Speaker President No .• Fixed at session X Yes(n) Yes Speaker President pro tem No •.;::-. North Carolina. Senate-^56th day, local YesCa), No Speaker President Yes ' bills; 6Stli, department bills(r) . North Dakota. 25th day 4Sih 40tli Yes (t) Speaker. President Yes (lay(s) day Ohio...... Senate—No limitations Yes (a) No Reference Couim. /Majority Leader No- No Oklahoma. No limitations(l) / .Yes " Speaker .President • No Senate—35 th day (V) Approved by Rules- Yes(a) No P.O. P.O. No Orejion ...., and Bills Committee, or true substitute bills House—2Sthday(u) (V) Approved by Rules . • . Committee • J .Pennsylvania.... Senate—No liniitations YesCa) No Sijeaker P.O. No House^May 9(r) X Rhode Island.... 42nd day One day notice, title YesCa) rso Speaker President No and explanation read South Carolina.. No limitations :... Yes(a) No P:0. . cP.O. No South I>akota... Fixed at session 2/3 members • ,, . .'• - Yes. No Speaker President No present and majority of, members elected Tennessee None last 3 daj's Yes No Speaker Speaker No(w) • Texas... ..;. /60th day 4/5 members , , X Yes(x) No . Si>eaker President No Utah...... 30thday Unanimous , .. No(y) No Speaker President Yes Vermont. Sth week(E) ' 3/4 present and X(adi . . Yes(a) Ye3(n) Speaker President No voting ; . -'- Virjiinia...... Yes(a) No Speaker President No Washington...... 40th day . 2/3 elected X Yes(ay No Speaker President No West Virginia..;. SOth day 2/3 present and • « -• . . Yes . Yes(n) Speaker President No voting(aa) Wisconsin ... . 38th day (z) ••• S2nd .'. No limits for Legis Yes (a) (f) Speaker P.O. Yes day lative Council or for some commit-; ; -fl • teee(ab) Wyoming. . 20th day Unanimous .. , , No No Speaker President Yea 55 ih Yes Speaker President No Alaska. . ;.. . 4Sth day 2/3 vote • •' • No • day Guam.. ; No limitations . Ye.s No (o) Comm. on Rules, No Hawaii.. . 35th day ". Unanimous Yes No- Speaker President Yes Puerto Rico . 60th day Majority X(ac) Yes ^o Speaker President . No Virgin Islands... . No limitations , No Yes (o) President No I'.O. —Presiding Officer. (m) Established month prior to'session. • , (a) Continuous service. " , • . , ,, , (n) Permitted but engaged in to limited extent, (b) No bills may b« introduced after the constitutional recess which must be held not less (o) Unicameral legislature. ' than 30 days after convening of'session, except that each member may introduce two bills at Only those reported by Committee on Rules. general session., . , . - i Only bills approved by Committee on Introduction of Bills. • (c) In practice, those not acted upon are reported back lastday of session without recom- (r) Date Is estabfished at each session. Date given'is limit set at 1957 session. niondation. In New Hampshire, all bills still in committee at time of adjournment are (8) Only bills approved by Delayed Bills Committee. "indfliniteh' postponed" by concurrent resolution. ' . T . (t. ). Bills processed by Legislative Research Committee and Budget Board printed Ih ad (d) Some minor time limits arc set at each session by rule but commonly are waived. Bills vance of session. may be introduced any Tuesday or by standing committees. (ii) If, however, a bill is requested from the Legislative Council Committee on or before the (e) Upon rnotion of author. • • , 2Stli day and has not been delivered to the member by its drafter any time before the 25th day, (f) No ofticial arrangement for pre-scsslon filing, assignment of bill number, etc.. but to a the member shall have 5 days from the date of delivery in which to introduce the bill. linilliMl extent bills are filed in advance of session. In Wi3consin, bills arc printed to a limited (v) As introduced by Committee on Waya and Means. fxifiit. and these are given numbers. . • . • , ^ . (w) Bills may be forced out by majority vote after 7 days In committee. IK) Composed of. President of Senate, Speaker of House, two.Senate members, and threc- ; (x) Theoretically, but not aa matter of practice.' ' llouHe members. (y) legislative Council has authority to assist, (h) Bills must be introduced in December one month in advance of session, (z) Except for projxisals delivered to draftsmen fay that time. (i) Subject to approval of presiding officer. • (aa) Permission must be granted by concurrent resolution setting out title of bin. . ., • f i) Pre-session filing permitted at second session of biennium. not at firstssession.. (ab) Joint Finance Committee or Committee oii .Revision, Repeals, and Uniform Laws. (k) Senate may determine where bill Is to go. P (ac) In substitution of a bill already introduced. ! (ad) Committee bills may be introduced until ten calendar Hays after annuijl town meeting appr revenue bit held first Tue.sday in March. Special rule permits late int'roduction by Wa* and Means ills. Conimittei". ; T A(y TRE BOOK OF THE STATES LEGISLATIVE PROCEDURE: BILL AND LAW>RINTING PRACTICES Availability of new laws in ••• advance of bound session laws* Ad \o. of Indi vance ' months When bills printed vidual sheets. after copies Peri Not ; session Upon upon of odic avail-' when • assign- After After pas Amend new pam able session. Upon • ment com sec sage ments . laws, phlets Neivs- u ntil ' laws . intro- to mittee ond • by to slip as paPer bound volume Sldlf or other . due- com ap read legis bills laws, laws edi • vol becomes jurisdiction lion mittee proval ing lature printed • etc. signed tion ume available] Alabama (a) No X 3 mpiitlis Arizona...... X(b) No . X 6 nionths Arkansas X Yes X .6 nionths California X(c) • Yed X X 3 months Colorado..: X{dj (e) X 5 montlis Connecticut. ... X(f) Yes X(K) 3 months Delaware...... X Yes X 3-6 months Florida...... X(h) (i) X 3-4 months Georgia.. X(h.j) x.:k) Ycs(j) X 2-4 months Idaho... Yes X 2 month.s Illinois ..... X Yes(l) X 3 months Indiana X(ni) (n) X(fi) .3-4 months Iowa... X(o) (ni) X 3 months Kansas. X .Yes(p) X(g) 3 months Kentucky ... X(q) X(r) No .X 2-3 months Louisiana X(li) (s) X 5-6 months .- Maine:.. X(t) (u) • X{g) X 3-4 montlis Maryland. X X X(in) (0 X X 2-3 months Massachusetts.. X (i) X 12 montlis Michigan...... X (i) X . 60 days Mlnniesota,.;...;- X(v) •(u) X 4 months Mississippi...... X (u) X 6 months Missouri .. X (i) X 6 months Montana X(\v) Yes X 3-4Tnonths Nebraska...... X Yes X(.x) 3 months Nevada...... X Vcs(l) , X X 4 months New Hampshire. .. X(l.y) (i) •' X 4-7 mouths New Jersey X Yes X X 5-8 months i New Mexico..... X • No. (z) ' 3 months New York X X(aa) Yes X 9 mouths North Carolina... X(u) No X 3 months- North Dakota... X . (ab) X 3 iiionths Ohio...... ; x(k) (ilj) (i) . X 6 \nonths Oklahoma (i) .X 4-5 months Oregon... X Yes . :-\'(K) 2-3 months ., Pennsylvania... X X , X(ac) Yes X 6 months Rhode Island.. . (a) .No :. X(«) 6 months South Carolina'.. .. X X Ves X X .'•3 nionths South Dakota... X (i) X(z) 2-3 months Tennessee.;.... X(li) (u) X 6-S months Texas.. .1 — X(li) (i) X(a *May include alternate forms of bulk duplication. (s) Senate and House floor and committee amendment« are tTimc of printins of session laws may vary from year to printed in journal. -ycar;figure« are approximations. ^ . • (t) Committee on Reference of Bills generally directs the (a) Bills may be printed at any stage. In Alabama unusually rinting of pending legislation prior to referral to commit lee. important or controversial bills and appropriation bills are glills are usucUly printed. • printed at the order of cither house, a stanaing committee of (u)~Optlonal. fiihcr house, or the ch^rman of a standing committee. (v) All bills favorably reported by committee or reporle All bills, if reported with amendments or amended in est; in- Rhode Island certain important measures are available the Senate, are reprinted immediately unless amendment re in slip law form; in Puerto Rico each house issues a limited stores bill to earlier printed form, . number of pamphlets containing the engrossed copy of bills (ab) Reprinted on colored paper if amended extensively •" and joint resolutions approved by the Governor which appear house of origin. Other amendments printed in journals. within 45 days after the Governor approves last bill, and the fac) Reprinted. "—- Secretary of State prints limited quantities of the most im (ad) House bills of general interest becoming law are printed portant measures approved in slip laws. as an appendix to daily House Journal. In addition, the pul>- (h) General bills only are printed. In Tennessee local bills lishing company which holds the printing contract for.the se^i- need not be-reproduced; in Texas bills of general, application sion laws publishes an advance sheet that appears at inters-aU arc printed after Committee approval, local bills are not. In during and after the session as bills are signed by the Governor. Louisiana, Senate usually prints all bills. House generally dees This service is furnished tb the persons subscribing to the An not print local or special bills. notated Texas Statutes. (i) In the journals. In Oklahoma, in journal except for Com (ae) Appear as "temporary publications" with five or six mittee of the Whole amendments. nurabein^per session, the first volumes appearing during the (j> In the House. iSessionfl^^ .^k (It) In the Senate. .. (d^^^^^i motion. ^^\ (0 When adopted on second reading. (agionSty law authorizes the prmting of bills between sessions, (m) Reprinted if amended. In Iowa, Virginia and Wash but no mstribution until session convenes. ington if extensively amended bill is usually reprinted.' (ah) In Hawaii the Senate during its 1957 session used "short- (n) Committee and second reading amendments are incor . form" bills which were one page outlines stating purpose and porate in reprinted bill. general means of achieving purpose. These "short-form" bills (o) Companion bills are not printed. ^vere assigned to committee prior to first reading and the com (p) Bill reprinted with committee amendments in heavy type. mittee reported out "expanded "long-form" bills, -which then (q) Committee chairmen authorize; practically all are printed. went through three readings. (r) General Assembly version incorporates house of origin (ai) With redrafts of bills if time and circumstances permit. antendments. / I "V wt* V /•. ji^ 48 . 1 I HE BOOK OF THE STATES LEGISLATIVE PROCEDURE: HOUSE AND SENATE ACTION I Readings Roll call on final passage; I , A , mandatory on request of Majority On of members Slate or other separate Senate House Electric roll required to pass jurisdiction Number days. In full members ' members call device ftt«(a) Alabama... 3 Yes 3rd 1/10 present. 1/10 present House Present & voting Arizona 3 Yes Ist(b). 2nd(b), 3rd 2 2 No Elected Arkansas 3 Yes(b) ist. 3rd 5 S House Elected h California 3 Yes(b) 3rd 3 3 Assembly Elected Colorado 3 (c) 2nd(d). 3rd(d) 1 1 No • Elected Connecticut 3 (e) 2nd, 3rd 1/5 present 1/5 present House Present & voting(f) Delaware 3 (c) 1st. 3rd(g) .-Ml bills, joint and concur- No Elected rent resolutions . Florida 3 Yes (li) 5 5 House Present Georgia.! 3 3 3rd(i) 1/5 present 1/5 present House Elected Idaho.;/...... 3 Yes(b) ~ 3rd 3 . 3 No Present Illindls. 3 Yes 1st, 2nd. 3rd 2 . 5 . House Elected Indiana 3 Ye3(b) l3t(b), 2nd(b), 3rd 2 2 < Both houses Elected Iowa...i 3 (j) ^ Ist. 2nd. 3rd(k) 1 1 House Elected Kansas... .-.. 3 Yes(b) 3rd Allbillsand House Elected joint resolutions Kentucky...... 3 Yes(l). Ist. 2nd(l). 3rd(l) ,2 2 No 2/5 elected & maj. voting Louisiana 3 Yes One reading All bills and resolutions Both houpes Elected Maine (m). Yes(b) Ist(b). 2nd(b) 1/5 present 1/5 present No Present & voting(f) Maryland 3 Yes(b) All bills and joint resolutions House Elected Massachusetts... 3 Yes(n) 1/5 present 30 No Present & voting(f) Michigan... 3 (c) 3rd(d) 1/5 present i/5 present House Elected Minnesota 3 Yes(b) 1st. 3td 1 • 15 Both houses Elected \ Mississippi 3 Yes(b) 3rd ^ I/IO present 1/10 present , House Present & votingff) Missouri. 3 Yes .•Ml bills and joint resolutrons House Elected ^ Montana...... 3 3rd(k) 2 .10 House Present " . Nebraslui 2 (o) 1st, 3rd 1 (Unicameral) Yes ' ...Elected Nevada 3 Yes(b) 3rd All bills and joint No Elected resolutions New Hampshire.. 3 (c) .... No (P) New Jersey 3 YesCq) 1/5 present 1/5 present House Membership .New Mexico 3 (r) 3rd \ 1 1 No Present New York 3 (s) . 1 1 No Elected NorthCaroUna... 3 Yes(b) 1st. 2nd. 3rd 1/5 1/5 No Present & votinB(f) North Dakota 2 Yes 2nd 1/6 present 1/6 present Both houses Elected(t) Ohio 3 YesCu) 3rd All bills All bills House Elected • Oklahoma...... 3 Yes 3rd(b) Maj. elected Maj. elected No Elected Oregon 3 YesCb) 3rd(v) All bills and joint resolutions No Elected Pennsylvania.... 3 Yes 1st. 2nd. 3rd .^11 bilfs .•^ll bills No Elected Rhode Island 2(d) Yes(d) ..2nd 1/5 present 1/5 present No Present & voting South Carolina... 3 Yes 2nd 5 10 No Present & votinE(f) South Dakota 2 Yes 1st. 2nd(k) All bills . All bills No Elected Tennessee 3 Yes{w) 3rd 3 5 Both houses Membership Texas.: 3 Yes l?t, 2nd. 3rd(k) 3 3 House Present & voting Utah :. 3 YesCb) 3rd Majority Majority No Elected Vermont 3 2nd 1 5 No Present & voting (f.x) Virftinia...... 3(y) YesCy) 1/5 present 1/5 present Both houses 2/5 elected & maj. voting Washington 3 Yes(z) House—2nd, 3rd 1/6 present .1/6 present House Elected . Senate—3rd West Virginia.... 3 Yesfl) Yes 1/10 1/10 House Present & voting Wisconsin 3 (aa) 1/6 present 1/6 present House Present & voting(f) Wyoming 3 Ye3(k) 1st. 2fld. 3rd(k) 1 1 No Elected Alaska . 3 Yes znd 3 1/5 present No Membership Guam 3 (n) 1st 3 ~^- No Elected HawaU 3 Yes 1st. 2nd(ab). 3rd All bills(ac) Allbills(ac) No Membership F Puerto Rico 2 Yes 2nd ^ All bills All bills No Elected Virgin Islands.... 2 Yes 2nd All bills (Unicameral) No Present & voting (a) Special constitutional provisions requiring special major present, the assent of two-thirds of those members is necessary ities for the passage of emergency legislation or appropriation or to render acts and proceedings valid. Senate: Not less than, revenue measures not included. thirteen senators shall make a quorum for doing business; and (b) Except by two-thirds vote. when less than sixteen are present, the assent of ten is necessary (c) Second and third readings only on separate days. to render their acta and proceedings valid. (d) Except by unanimous consent. : • • (q) Bill may receive second and third reading on same day (e) Bills or joint resolutions originating with a committee when three-fourths of membership agree. may receive second reading same day. (r) No more than two readings same day. (f) Housie rules or custom determine procedure. ~-~-^ (s) Assembly: May receive second and third readings same (g) Third reading often by title or'partial reading.' day by special provision of Rules Committee or, by unanimous (h) Second and tnird readings must be in full, but this and consent. Senate: Bills receive first and second readings upon the requirement of readings on separate days may be waived introduction before committee reference. by a two-thirds vote. (t) Two-thirds vote required for amendment or repeal of (i) First and second readings of local and private bills by initiated or referred measures. title only unless ordered engrossed. (u) Except by three-fourths vote. (j) Senate: May not have second and third readings same (v) The rule provides for reading in full unless requirement is day without suspending rules except last day. House: Second suspended by two-thirds vote of a house. ; ancL^ird readings same day by two-thirds vote. (w) Passed each time read. (^^tRequirements often waived. (x) Quorum for state tax is two-thirds. (1) Second and third readings may be dispensed with by vote (y) Except a bill codifying the law or where emergency tle- of miajority of elected members. "'"•' clared and a four-fifths vote. (m) Senate,: Two .readings of a)l bills and resolves. Housef (z) Except two readings permitted on same day by four- Three readings of all bills, {wo of all resolves. fifths vote. (n) Except under suspension of rules, then all readings in one (aa) Senate: No two readings on same day. Assembly: Second day. and third readings on separate days. (o) Second reading abolished. Rules often suspended and re (ab) If printed, second reading by title only. ferred to committee tame day as first reading. (ac) For final passage of bills. Otherwise, on re^ul^-^t of ' (p) House: A majority of the meml>ers is a quorum for doing «^e-fifth of members present. busmess, but when less than two-thirds of elected members are \ LEGISLATURES AND LEGISLAJriON 49 LEGISLATIVE PROCEDURE: EXECUTIVE VETO Days after Fate of bill which bill , after adjournment , becomes Days after • Days after law {before which bill which bill .adjourn- is law dies Votes required Constitution prohibits ment) unless UTiless unless Item veto in House and Governor from vetoing . vetoed. vetoed signed on appro Senate to pass bills , A^j . State or other {Sundays {Sundays , {Sundays priation • or items Initialed Referred jurisdiction excepted) excepted) excepted) bills over veto{a) measures measures Alabama 6 ... 10 •^ Majority elected "(b) (b) Arizona 5 10 ir T\yo-third3 elected(c) -k • Arkansas S 20(d) i( Majority elected . ir California. 10 .. 30 ir Two-thirds elected ir Colorado.... 10(d) 30(d) if. . Two-thirds elected * • Connecticut 5(e) 15(d) .. it Majority present' (b) (b) Delaware 10 . .. . 30(d) • ' Three-fiftKs elected (b) (b) Florida 5 20(d) .>. - if Two-thirds present (b) (b) Georijla(0 30 .. (g) • Two-thirds elected (h) Idaho 5 10 •jk^ Two-thirds present Illlhois 10 10 .. •*• Two-thirds elected (b) (b) Indiana.. -3 S(d,i) .. Majority elected (b) (bi Iowa 3 (j) 30 Two-thirds elected Kansas. 3 (g.k) • Two-third3> elected (b) (b) Kentucky... 10 10 •jlr Majority elected Louisiana lO(d.l) 20(ab) • Two-thirds elected (b) (b) Maine 5 (m) Two-thirds present (n) • O Maryland(o) 6 .. 6(p) • Three-fifths elected (h) Massachusetts.. 5(c) .. (Q) •jlr Two-thirds present if . Michigan. 10 . .. 5 • Two-thirds elected • Minnesota 3 3 • Two-thirds eltctcd (b). (b) Mississippi 5 (m) •*• Two-thirds elected (b) (b) Missouri.... (r) .. 45 • Two-thkds elected • • Montana 5 .. , 15(d,s) :]^ Two-thirds present * • Nebraska 5 5 .. •(t) Threfr-fifths elected ^ • Nevada . S 10 ...... Two-thirds elected » •*• • New Hampshire. 5 n .. (g) Two-thirds elected (b) (b) New Jersey.. 10(u) ''45 • Two-thirds elected (b) (b) New Mexico..... 3 " (g) 20(3) if • Two-thirds present (h) New York...... 10 .. 30(d) • Two-thkds elected (h) NorthCafoUna.. (v) (v) T (y) (V) • (b) (b) North Dakota... 3 15(d) • - Two-thirds elected > • Ohio.... 10 10 • Three-fifths elected •*: Oklahoma 5 15 if Two-thirds elected *. \ Oregon 5 20 if{vf) Two-thirds present • Pennsylvania... 10(d) 30(d) ^. .. • Two-thirds elected' (b) (b) Rhode Island... 6 10(d) -.v Three-fifths present ^ (b) (b) South Carolina.. 3 (m) .. ^ if Two-thirds preseiit (b) (b) South Dakota... - 3 10(d) •jkr Two-thirds present . if • Tennessee...... 5 10 .. i({x) Majority elected • (h) Texas...... 10 20(}) .. if ' Two-thirds present (b) (b) Utah 5 10 ... if Two-thirds elected ic • Vermont...... S ... (g) • Two-thirds present (b) (b) Vkghiia 5 ^ .. 10{j) if Two-thirds present(y) (b) (b) Washington 5 10 .. if{z) Two-thirds elected * • . West Vhrghila... S(aa) S(d) Majority elected (b) (b) ^ Wisconsin. 6(1) .. 6(1) ie Two-thirds present (b). (b) Wyoming...... 3 ISCiJ if Two-thirds elected (b) (b) Alaska. . 3 .. 3 if . Two-thirds elected Guam 10 30 (g) if Two-thirds elected (b) (b) HawaU 10 .. 10(p) • . Two-thirds elected (b) (b) Puerto Rico 10 .. 30(d) •jlr . Two-thirds elected .. VhUin Islands... 10 30 if Two-thirds elected (a) Bill returned to house of origin with objections, except in ment. to be returned to the legislature when it next convenes, Georgia, where Governor nee:l not state objections, and in for,a vote on overriding the veto. Kansas,' where at! bills are retum 1956 AND 1957 SESSIONS^ INTRODUCTIONS AND ENACTMENTS As of December 31, 1957 '• Regular sessions •—• Extra sessions .'••' •^— No. of . No. of, No. of No. of Slate or other intra- enact-' Length q intra- enact- Length Adjourned{a) Ructions . ments session' Convened Adjourned(,a) ductions ments sessioni(6 ) jurisdiction Convened g; Sept. 13, 1957 1.941 755 '36L Jan. 3, 1956 Feb. 14, 1956 418 158' 18L Alabama May 7, 1957 Mar. 1,.1956 Apr. 5. 1956 323 120 ISL, Apr. 14, 1956 588 164 95C (c) Arizona Jan. 9, 1956 Mar. 14, 1957 526 100 60C Jan.. 14, 1957 Mar. 14, 1957 l,lS4(d) 568 60C(44L) Mar. 25. 1957 Mar. 27. 1957 4(e) 3 3C&L Arkansas Jan. 14, 1957 Apr. 3. 1956 23 - 13 30C(21L) Mar. 5. 1956 Apr. 5. 1956 151 . 69 32C(23L) California... ;... Mar. 5. 1956 June 12,1957. 6,863 2.424 120C(97L) Jan; 7. 1957 Feb. 10, 1956 191 . 113(0 38C May 7. 1956 May 13. 1956 is 7 70 Colorado. Jan. 4, 1956 Apr. 1, 19S7 868 301(f) 90C Jan. 2, 1957 June 5, 1957 3,592 -1,335(0 73L Sept. 17. 1957 Oct. 1. 1957 • 67 42 7L Connecticut Jan. 9, 1957 (y) \ <0^ June 6. 1955 Nov. 6, 1956 — 1 17 months Delaware (y) (z) (5) U) (2), . Dec. 3. 1957 Dec. 19. 1957 NA . NA (inter- . Jan. 1, 1957 mittent) . Florida Apr. 2, 1957 June 8, 1957 3.597 1.967(g) 68C July 23, 1956 Aug. 1, 1956 217 120(h) 100 Sept. 30. 1957 Oct. 9, 1957 208 120(i) 100 Georgia Jan. 9, 1956 Feb. 17. 1956 1.136 654 40C Jan. 14. 1957 Feb. 22, 1957 1.118 640 40C Idaho Jan. 7. 1957 Mar. 16, 1957 688 336 69L S Illinois Jan. 9. 1957 June 29. 1957 2.314 1.183 172C(81L) ^- _./ Indiana Jan; 10, 1957 Mar, 11, 1957 95 7 (i). 361(0 61C '^'"^ Iowa Jan. 14, 1957 May 3. 1957 _ l,101(i) 305 (i) HOC Kansas Jan. 10, 1956 Feb. 8. 1956 97 62 ' 30C(21L) Jan. 8. 1957 -AprrSri9S7 1.016 538 91C Kentucky Jan^_3jJS5f Feb. 18. 1956 7790')-?.: 1940*) 38L Feb. 27. 1956 Mar. 8. 1956 25 9(k) lOL Mar. 9. 1956 Mar.. 28. 1956 43 10(k) 17L v, ' " • Mar. 29. 1956 Apr. 6. 1956 23 3(k) 8L , Apr. 6. 1956 Apr. 27. 1956 91 ll(k) 19L Louisiana May 14. 1956 July 12, 1956 1.990 636 60C Aug. 30. 1956- Sept. 10. 1956 44 40 I2C T M;iy 13, 1957 Junellr1957 207(1) 50 300 Maine Jan. 2, 1957 May 29, 1957 1.474 616(m) 7SL Oct. 28. 1957 Oct. 31, 1957. 22 ,19 4C8:L Maryland Feb. 1, 1956 Mar. 1. 1956 314(i) 130(i) 30C Mar. 8. 1956 Mar. 8. 1956 23 (i) 15 (i) lO Jan. 2, 1957 Apr. 1. 1957 1.616(i) 852 (i) 900 Massachusetts Jan; 4, 1956 Oct. 6. 1956 4.130 904(s) 277C(151L) Jan. 2,1957 Sept. 21. 1957 4.194 i 932(3) 2620(137L) Michigan Jan. 11, 1956 May 12. 1956 801 233 121C(64L) June 13, 1956 Nov. 8. 1956 53 20 148O(10L) Jan. 9. 1957 June 29, 1957 1.100 .334 171C(91L) ' Minnesota...... Jan. 8. 1957 Apr. 29, 1957 4.014 964 /House—7SL\ Apr. 30, 1957 Apr. 30, 1957 32 22 IL ISenate—79Li Mississippi • Jan. 3, 1956 Apr. 6, 1956 1.587 652 63L Nov. 5,-1957 Dec. 14. 1957 . . 135 . 86 390(2SL) Missouri Jan. 2. 1957 May 31. 1957 918 320 ISOO • ^ Feb. 27. 1956 Apr. 27, 1956 10 8 600 Sept. 30. 1957 Oct. 4. )957 2(aa) 1 50&L Montana. Jan. 7, 1957 Mar. 7. 1957 744(n) 272(p) 600 •* Nebraslca Jan. 1, 1957 June 19. 1957 615 404 115L Nevada Jan. 21, 1957 Mar. 27..1957 823 450 65C(52L) . Feb. 6, 1956 Feb. 25. 1956 118 62 '20C(18L) New Hampshire..... Jan. 2, 1957 Aug. 2, 1957 738 438 94L New Jersey Jan. 10, 1956 Jan. 8, 1957 1.0S4(o) 252 (o) (w) Jan. 8, 1957 (X) ' '•; • ei« "8 X Oft ^jy e • to tON^lOtSN'OlOOOtOM 3t» •to "? .-\*^ -- • 44J: el -* iflOM to o« rjoo • ^ 10 m Oi« P* ^ t^ "^ "'t^ ^ «o ^ f5 to t>. fc^ O *0 t^ So 5^2 2 o;'^ So«'^2-'2o>c'-^ 0> cTfO•_ r _*'^ -^ - • .000 CO -N es Osjqf;jK'^oOf;,cocMooJIJrCt^ooS'^Pioo'cMN .i >>> o o * 3 a * 8 '> — gl-l--C.2 ^ C *<•" 3 3 3 3 •|JTC(MIJ . g ifOOOP) .csjgo:^ gHto^.}. rtSatdbJtd JUS'S JJUUUUU uoj ououou y u -uuou ;t~^ooo ^lOiONo 00 \5t-> «U3 •a 00 N lO t^ to •*-^ y5 !•-10 0> •< M "< MOO"* to to ^'* lO >0 <0 0010 CHilT' to MKM-J " •-< ;,IOMM-< I 44*/-) 441 fvi fsj i>i -'^' r^ '.t*i^^*yvi 5;Qoo>o^ »j< •^ Oi tfl to 4l"1< >0 M |4)4«4)< 4*1 O 4«l N C4 <0 S :- » — —rtOi S »o» o> SJ5S2S22 2g2 222222 S22S •:S22S 4-<.^ 4-1 .HO>»44-'2 "^ • - .•^ •<(<'* o i*,.ifwoou 1^10 t>l 101^ l/J t» tN. t» J^ i/]0> >o m>oo>lomio>n 22 0\4H O^' O^O^^r^O^Ox^O^ riOi"-" 4-4 .-" 0» Ov 0> .H Oi •H .14 ^14 w^ 4-4 «^ • *^ 4 • •'^ 4.4 4*4 ^ 4H • ..H •4-' Ti< .-H Tj",- . . .00 .; •o .^ • ooVoTooo'iC . oo-:23-«-2-oifoat£« rHOi»-l 4H c ^S|5;?8^''88-8^8fisK2§p. 55 o .1 ^ ^ (4 U •§ CO O O4S k ZS5 2ZO w APPORTIONMENT OF LEGISLATURES As of December, 1957 Frequency 0/ required reapportionment Citation: Required Other DaUsnf art. 6* sec. -Basis of apportionment- 4very 10 schedules for Apportioning last two Stale or other jurisdiction y^of const. Senate House years* reapportioning agency aPPortionmtnU Alabama. IV. 50; IX. Population, except no Population, but each Legislature. 1901 1880 197-203; , . county more than one county at least one XVIII. 284 member.. member. f Arizona...; IV. 2..1 d) Districts specifically es Votes cast for Governor After every guber No provision for Senate; redis- 954 1952 tablished by constitu at last preceding gen natorial election tricting for House by County tion. eral election, but not (every 2 years). Boards of Supervisors. *? less than if computed on basis of election of 1930. Arkansas. VIII. 1-5; Senate is fixed.fa) Each dounty at least Board of'Apportionment (Gov 1951 1941 Amndt. one member; remain ernor, Secretary of State, and XLV ing members distrjb- Attorney General). Subject to ' uted among more revision by State Supreme Court. populous counties ! to according to popula • . . ^ tion. California. IV. 6 Population, exclusive of Population, exclusive Legislature or, if it fails, a re- 1951 1941 persons ineligible to of persons ineligible apportionment commission naturalization. No to naturalization. (Lieutenant Governor, Con county, or city and troller. Attorney General, Sec county, to have more retary of State, and Superin than one member; no tendent of Public Instruc more than three coun tion). In either case, subject ties In any district. to a referendum. O>lorado. V,-^5 -17 Population ratios. Population ratios, General Assembly. 1953 1933 Connecdcut...... r . 111.3.4,5 Population, but each Twomemberefrom each Senate General Assembly for Senate, no H-1876 county, at least one town having over provision for House. S-i94t member;- 5,000 population; others, same num ber as in 1874. Delaware II. 2 / ^ Districts specifically es Districts specifically No provision. 1897 tablished by constitu established by con tion. stitution. Florida... ^.<^, VII. 3, 4 Population, but no 3 to each of 5 largest X(b) Legislature. 1945(b) 1935 county more than one counties, Z to each member. of next 18,1 each to others. *• •m: Georgia. Ill, 2: (Par.i), Population, but no Population, i.e., 3 to X General Assembly "may" change 1950 1940 3 (I^ar. ii) county or senatorial each of 8 largest senatorial districts. Shall district more than one counties, 2 to each of .^^cHange House apportionment member.' next 30. 1 each to ' at first session after each U.S. others. census. Idaho. 111.2,4.5; One member from each Total House not to ex- Legislature. 1951 1941 XIX. 1,2 county. . ceed 3 times Senate. Each county entitled to at least one repre sentative, appor tioned as provided by law. IlUnolB. IV, 6. 7. 8 Fixed districts based on Population. House- Senate is fixed. General Assembly or. if it fails, 1955 1901 area. a reapportionment commis sion appointed by the" Gov ernor. Indiana.; IV. 4. S. 6 Male inhabitants over Male inhabitants over .. Every 6 years. General Assembly. 1921 1915 - 21 years of age. 21 years of age. Iowa.... , III. 34. 35 Population, but no One to each county, X ..... General Assembly. . H-1927 1921 and one additional S-1911 1906 county more than one to each of the nine member. most populous coun ties. Kansas..... II. 2; X. 1-3 Population. Population, but each . .. Every 5 years. Legislature. H-1945 county at least one. . S-1947 Kentt/cky Sec. 33, Population. Population, but n,o General Assembly. 1942 1918 more than two coun ties to t}e joined in a LP district. Louisiana^. III. 2-6 Population^ Population, but each X Legislature. 1921 1902 parish and each ward of New Orleans at least one member. Maine IV.Pt.I.2.3; Population, exclusive of Population, exclusive X Legislature. H-1955 1941(c) IV, Pt. II. aliens and Indians not of aliens. No town S-19S1 1941 I 1 taxed. No county less more than seven than one nor m ore than members, unless a five. consolidated town. Maryland III. 2. 5 One from each county Population, but mini No requirements. Membership frozen for House; 1943 and from each of six mum of two and no provision for Senate. districts constituting maximum of. six per Baltimore city. county. Each of Bal timore districts as many members as : largest county.(p) Massachusetts Amdt. LXXI Legal voters. Legal voters. General Court- H-I947 1939 Legislature or. If it fails, State S-t948 1939 Michigan V, 2-4 Districts specifically pre Population, (d) House Senate is fixed. Board of Canvassers (Secre 1953 1943 scribed by constitu tary of State, Treasurer. Com tion. missioner of State Land Office; apportions House. Senate is fixed. Minnesota. IV. 2, 23, 24 Population, exclusive of Population, exclusive And after e^ch Legislature "shall have power." 1913 1897 nontaxable Indians. ' of nontaxable In- state census. d^iaijs. • / APPORTIONMENT OF LEGISLATURES^-Gontinued As of December, 1957 Frequency of required reaiyportiohment Citation: Required Other Dates of ajt: 6* sec. • Basis of apportio'ntnent- • every 10 schedules for' Apportioning last ttBO Stale or olhlr jurisdiction of const. Senate House years* reapportioning agency apportionments Misslsaippl...... Xlir, 254-256 Prescribed by constitu Prescribed by constitu X I.egisIaturK "may. 1916 1904 tion. tion, each county' at least one. Counties grouped into three .- divisions, each divi sion to have=at least 44 members. •Missouri...;...... 111,2-11 Population. Population, but each. .K . .House:Sccretary of State appor L-JL3SI 1946 county at least one tions among counties; county member. ) courts apportion within,.coun- • • - . • . •••••• •••••..-;?.:. ties. Senate: by commission appointed by Governor. '.'' ' * . • . • " • • . •- Montana ;...... V. 4; VI, 2-6 One member from each Population. No requirements. Legislative Assembly] 1943 1939 . • • county. Nebraska Ill, 5 Unicameral legislature—population From time to time. Legislature "may." 1935 1920 excluding aliens. Nevada 1,13;XVII,6 One member for each Population. X Legislature. 1951 •/ 1947 county. New Hampshire Pt.II, 9.11,26 Direct taxes paid. Population.(e) House Senate—from time General Court, H-1951 1943 to time. S.1915 1877 &•.,,• New Jersey IV, ii, 1; IV. One member from each Population,.but at least X Legislature. 1941 1931 iii,.l county. one merriber from ' • , ' each county. New Mexico. IV, 3 One member from each At least • one member X Legislature "may." 1955 1949 county. for each county and additional represent atives for more pop ulous counties. New York. III. 3-5 Population, excluding Population, excluding X Legislature. Subject to review 1954 1944 aliens. Nocountymore aliens. Each county by courts. ' . than H membership, (except Hamilton) at nor more than J4 mem least one member. bership to'two adjoin ing counties. North Carolina, .r:.... 11,4-6 Population, excluding Population, excluding X General .'Assembly. 1941 1921 aliens and Indians not aliens and Indians taxed. not taxed, but each county at least one member. 7 • North Dakota. II, 26, 29, 32, ^Population. Population. •X Or after each'state Legislative Assembly, 1931 1921 35 census. Ohio.... XI. l-ll : Population. Population, but each X(f) Each biennium.(f) Governor, .Auditor, and Secre 1957 1953 county at least one tary of Slate, or any two of •• / member. • them. • Oklahoma. V. 9-16 Population. Population, but no X Legislature 1951 1941 county to have more than seven niember3.(g) Ore&on IV. 6, 7 Population Population. .X Legislative Assembly, or failing ' 1954 1911 that. Secretary of State. Reap- • portionment subject to Su-. premej Court review. Pennsylvania. II, 16-18 Population, but no city Population, but each X General Assembly. 1953 1921 orcounty to have more county at least one than ^g of member- member, ship. Rhode Island.... .XIII; Amdt. Qualified voters, but Population, but at General Assembly "may" 1940 1930 XIX rninimum of 1 and least one member after iiny Presidential maximum of 6 per city from each town or election. or town. • city, and no" town or city more than M of total, i.e., 25. South.Carolina. ... III. 1-8 One member from each Population; but at least X General Assembly. 1952 1942 county. one member from / each county. ^ South Dakota., 111,5 Population. Population. _ Legislature, or failing that. Gov 1951 1947 ernor, Superintendent of Pub lic Instruction, Presiding Judge of Supreme Court, Attorney General, and Secre tary of State. Tennessee. II. 4-6 Qualified voters. . Qualified voters. = X General Assembly. 1945(h) 1903 Texas III, 25-26a, 28 Qualified electors, but no Population, but no X Legislature or, if it falls. Legisla 1951 1921 county more than one county more than 7 tive Redistrlcting Board (Lieu- member. representatives un ; tenant. Governor, Speaker' of less population great House, Attorney General, er than 700,000, then Comptroller of Public Ac 1 additional • repre counts, and. Commissioner of /.• sentative for each General Land OfiBce). 100,000. , Utah...... , IX. 2,4 Population. Population. E^ch coun-. Legislature. 1955 1931 ty at least one mem ber, with additional rc'presentatives on a population ratio. Vermont.... , II, 13,18. 37 Population, but each One member from each Senate Senate—or after each Legislature apportions Senate; 1793(0 W county at least one inhabited town." state census. no provision for House. member. . • . Vlrfilnla... IV. 43 Population. Population. General Assembly. 1952 1942 K / APPORTIONMENT -OF LEGISLATURES—Continued As of December, 1957 • Frequency of required reapportionment Citalion: Required Other ' Dales of art. 6* sec^ Basis of apportionment -y every 10 schedules for Apportioning last two . stale or other jurisdiction of const.' Senate Bouse years* reapportioning agency apportionments Washington. II. 3. 6; XXII. Population, excluding Population, excluding X Legislature, or by initiative.(j) 1931 1909 1.2, Indians not taxed and Indians not taxed and soldiers." sailors and soldiers, sailors and • officers i-f U. S. Army officers of U. S..Army and Navy in active • and _Navy in active service.^. service. West Virginia VI. 4-10. 50 Population, but no.two Population, but each X Legislature. 1950 1940 members from any county at least one county, unless one member. county constitutes a district. Wisconsin... IV. 3-5 Population. Populatiori. X Legislature. 1951 1921 f./ - • Wyomirift. . . 111,3; III, 2-4 Population, but each Population, but each X .Legislature. 1931' 1921 county at least one county at least one member. • member. Alaska...... Organic Act: Four members from each Population.. e.Ycluding House U. S. Director of Census. 1953 1945 "J? . 37Stat.512. judicial district. military and families. =^ ;4 •• Guam. Organic Act: Legislature elected at large. 1950 (2d). , Sec. 512 Hawaii Organic Act: Population, (k) Population, (k) X(1J Governor, with review by Terrl- 1958(m) 1900(n) Sec. 55 • torial Legislature. Puerto Rico 111,3.7 Two senators for each of One representative for X(o) Board composed of Chief Justice 1917 1952 eifiht senatorial dis each of 40 represent and two additional members, tricts, and eleven at ative districts and rciireseniing different political large. . . eleven at large. parties, ar>pointed by Cover-, nor with Senate consent. Virgin Islands. Revised , Unicameral legislature. Two Senators for each of , Organic Act: two Fcnntorial districts, and one Senator from Sec. 5b . . the third district, and six at largCi ' •livery ten years, or'after each federal census. period for the succeeding session. This is mandatory, and the legislature has no power to Abbreviations: H—Hou»e; S—SSenate. ' take action in the matter. (ni Ami-ndment .•idontcd NOVCIIIIKT. 1956. "froze" the senatorial diHtricia as'thnn estab (R) In practice nn.county has less than one member. lished. Future apportif/nmcnt of the Senate will not. be made. (h) Not a basic reapportionment; two counties moved from one district to another. < (b) Extensive changes in the Florida constitution, approved by the legislature in July. lOS?, (i) Apportionment plan for House is provided in the constitution with no provisions for and to be voted on by the electorate November, 1958. include anamendmeiit dealing with re reapportionment. House apportionment thus dates from adoption of constitution in 1.793^ apportionment. (j) Pending constitutional amendment, to be voted on November 3. 1958, would create a (c) 1941 action duplicated 1931 apportionment. five-member "reapportionment and redistricting commission," empowered to reapportion for (d)' Any county with a moiety of ratio of population is entitled to.separnte representation. Congress or the legislature each 10 yoairs if the legislature fails to act or if its action is invali (e) Amendment adopted in November. 1942, sets the membership of the House of Repre dated by the Supreme Court. sentatives at not more than 400 and not less than 375. It requires, for each representative (k) Citizens of the Territory (U. S. citizens residing one year in Territory of Hawaii). additional to the first, twice the number of inhabitants required for the first, with the pro (1) Reapportionment effective to July, 1, 1959, when new reapportionment is required, and vision that a town or ward which is not entitled to a representative all of the time may send every ten years thereafter. "' ' one a proportionate part of the time, and at least once in every 10 years. (m) Congress reappcirtioned.in 19S6, effective in November, 1958. (f) Constitution requires reapportionment every 10 years and also seta up a ratio and (n) Date Hawaii became a territory. apportionment procedure so that reapportionment is actually.accomplished In each biennial (o) Beginning in 1960. - (p) In 1948. membership in House frozen at then-existing level. ,. :f-' LEGISLATIVr "SERVIGE AGENCIES . MAJOR development in stat6 govern- gests of legislative, material, up-to-date ment since 1900 has been the crea- '"reports on.the content and status of pend- A^ tion and expansion of various typeS ing legislation, and legislative newsletters, of permanent staff agencies to provide . In 1901 Wisconsin established the first •state legislators with needed assistance, integrated agency to provide most of these This development has been occasioned ser\'ices (but not including statutory re- largely by the increasing number and com- vision) for its legislators, following develop- plexity cf the problems arising for legisla- meht during . the previous decade of tive\ consideration and by the rapidly specialized legislative reference divisions mounting costs of government. It has re- within sitatc libraries in New York and fleeted the desire of the members to enable. Massachusetts. Present-day reference agen- the lpgislaturi3 to carry out effectively its cies vary in organizational structure as well responsibilities as a coordinate branch of . as in specific services. A majority are sec- government. , ' tions of the state library, law library, or Major areas of assistance to legislators department of library and archives. This which have taken institutional form in re- method of organization is most common cent years include:. when the. bureau does little or no bill 1. Reference and reseai;ch assistance on drafting. Where drafting is a major actiyi-' any subject of legislation. ty, the bureau usually is independent of '2. Drafting of legislation. the library. 3. Statutory, code and law revision. 4. Advance study of important subjects DRAFTING AND REVISION expected to come before future legislative . The technical nature of bill drafting and sessions. * , statutoryrevisionhasled tothecreation, in' 5. Development of recommendations almost half of the states, of specialized for legislative, and sometimes administra- , agericies with primary responsibility for tive, action. carrying out one or both of these activities. 6. Continuous review of state revenues. The first of the specialized revision agen- and expenditures and prescssion review of cies Was the Wisconsin Revisor of Statutes,. the budget. ' created in 1909. Among^the drafting or re- 7. Post-audit of state fiscal operations. ' vision agencies are the Ljegislative Counsels • in California, Massachusetts and Oregon; LEGISLATIVE REFERENCE SERVICES the'Legislative Commissioner in Gon- The oldest "of the agencies are the legis- necticut; statutory or code revivors in lative reference services, now provided in thirteen states; code commissions in South forty-five states. The most recent of these is. Carolina, Tennessee and Virginia; and the in West Virginia, where the Legislative. Legismtive Bill Drafting Comrnission in Auditor in 1957 was directed to add legis- New York. In several other states the lati\^eference serviced to others previous- functions in question, especially bill draft- ly provided. (See accompanying table, ing, are part of the services performed by "Permanent Legislative Service Agen- legislative councils. During the past bien- cies.") . nium this trend ^yas notable as the council Some or all of the following aids are staffs in Iowa, Oklahoma, Texas, Utah rendered by legislative refercince agencies: and Washington expanded "their bill draft- factual research information; spot research • ing or begartto function in this field for the and coun5eling; bill drafting; statutory re- first time. The West Virginia Legislative vision; And preparation of legislative Auditor, following veto of a legislative inanuals^nd directories^ indexes and di- council bill in 1957, similarly was directed -• • ... •)••. 58 THE BOOK OF THE STATES to initiate drafting services. It would ap-. comprehensive, impartial analyses of pub pear that in practice legislators are calling lic issues and make these analyses available increasingl>L.on agencies under their own to all legislators for study and use. Most control for drafting assistance and less : councils may undertake studies on their upon the Attorneys General, libraries and own initiative; two-thirds of the councils agencies under executive jurisdiction. are of the "recomniending" type and. As now carried on in most states, code formulate drafts of legislation or recom " and statutory revision consists primarily, of mendations based iOn t^eir interim re revision of the form rather than the sub search. The councils and their research stance of the law, i.e., the systematic classi staffs provide machinery for effective legis fication and compilation of statute law; lative participation in forpiing public elimination of obsolete, outmoded or un policy. They provide their legislatures with constitutional parts; to some extent, the sound, factual bases for deliberations and rectification of conflicts and inconsisten- . .decisions. By use of open hearings on im- cies; and, usually, re-enactment by the pioHant issues, in which many councils legislature of the resulting compilations. \ engage, and through wide distribution of An increasing number of states have repffrts and findingSj' they provide inforrha- ' authorized revision along these lines on a ttoirfor the general public on public qiies- continuous basis—most recently Arizona tions. Councils frequently provide - addi in 1956 and Vermont in 1957. "^ tional services. Most co"uncil laws adopted Extensive revision in the substance of during the past fifteen years provide for the law, invoIvir% major changes in policy, coordinating the council with otheY^ types is now carried on systematically in only a of service functions, notably legislative ' few states, notably California, Louisiana, ' reference and bill drafting. ,, New Jersey, New York and North Carolina. After several efforts in the early 50's to Legislative councils, however, increasingly create a Montana legislative council were are undertaking studies leading to sub-. invjalidated by the State Supreme Court, a stantive revision of major code sections, as council-was successfully launched there in in Wisconsin's criminal law revision and 1957 and was upheld in State ex rel.James Oklahoma's insurance law revision. y. Aronson (August 20, 1957), which ex pressly overruled the previous decisions. LEGISLATIVE COUNCILS These prior decisions.had been the only The most significant development in the supreme court rulings in any state which legislative service agency field during the denied a legislature the power to establish score of years that began in 1933 was the a legislative co.uncik>-ft . spread of the legislative council, idea. Fol-^ The Iowa Legislative F^search Com lowing creation of the Kansas Legislative mittee and'its Bureau, established in 1955, •Council in that year, three-fourths of the have been moving steadily into council V, states have established agencies of this types of work, a direction which met with nature. (See accompanying table "Legis encouragement in the 1957 session. lative Councils and Council-Type Agen ,/'• cies.") Eissentially, councils are permanent FISCAL REVIEW, OTHER AGENCIES , .^ joint legislative research committees which An important development since th6r'? meet periodically between sessions and early 40's, and especially in the 50's,, has t ^ _^; consider problems expected to confront the been the creation in many states of special- ""' next session. In most instances, councils are ized staffs, under legislative supervision, to , , yri composed exclusively of legislators. They provide continuous review of state revenues^' -^ V~ range in size from five members (in South and expenditures and presession analysis Carolina) to 260 (in Pennsylvania), with of the budget. Since the California legisla fifteen members the median. In four states ture in 1941 created its Joint Legislative. —Nebraska, Oklahoma, Pennsylvania and Budget Committee, the legislatures of inore South Dakota—all legislators are members. than one-third of the states have established,^ The councils typically have continuing facilities with comparable objectives. This : research staffs, with their accumulated re fiscal review function has been assigned in sources. Thus equipped, they can develop eleven states .to the legislative council, a /. "=*, LEGISLA TURES AND LEGJSLA TION 59 committee of the council, or the staff of increased numbers of study commissions, serving the council; in contrast, eight states committees and subcommittees. These de which have councils have lodged fiscal re velopments may involve modifications of view authority in separate legislative some earlier concepts with respect to the budget commissions, committees or boards. nature and tendency of the legislative In the related field of legislative post- council movement. auditing, significant developments have , California in recent years has sought in been taking place. By the close of 1957, various ways to assure optimum use of twenty states, Alaska and Puerto Rico, had existing staff services by the large number created such facilities. The mosjt recent ex of interim cornmittees regularly created in ample is Illinois, where the Legislative that state. The lower house in 1953 estab Audit Commission, established in 1957, lished an office of Coordinator of Assembly will review the operations of the giiber- Interim Committees whose duties include natorially appointed Auditor General. the encouragement of this.objective. In , Important also for legislative research 1955 the legislature made it possible for in and study in many states are the commis terim committees to contract with the staff sions on interstate cooperation, affiliated of the Joint Legislative Budget Committi^c with the Council of State Governments. for interim services. " / Some of these commissions, such as those in In 1956 the Kentucky Legislative Re-' New York and West Virginia, receive ap search Committee was expressly directed propriations for research, employ research to provide needed assistance to legislative staffs, and carry on extensive research pro committees from existing staff, or to hire grams, In a growing number of states, the additional personnel, as needed. A major interstate .cooperation commission is task of the Iowa Legislative Research merged or closely coordinated with the Bureau, created in 1955, is to provide legislative council—as in Arizona, Ar assistance to such committeies. The reor kansas, Kansas, Kentucky, Missouri, Ne ganization of the Pennsylvania Joint State vada, North Dakota, Oklahoma, Utah and Government Commission in 1956, by Washington. placing all members of the legislature on it The chief clerks and secretariea of the and assigning them to joint (interim) legislative bodies provide services usually standing committees, greatly increased the of a housekeeping nature and generally number and size of interim study groups, confin(2d to the period of the legislative but all will be served by the central staff. session. About one-third of these offices Meantirne, an increasing. amount of the now have been placed on a year-round interim research undertaken by council basis, however, the majority of them dur staffs in several states—Massachusetts, ing the past twenty years.^ Minnesota and Missouri, for examples- has been at the request and under the UNDERLYING TRENDS supervision of special interim committees. During the past biennium a trend be A similar objective is achieved—enlisting came apparent in the field~of legislative re larger numbers of legislators in the tasks of search toward greater coordination of in interim study, while assuring coordination terim research and professional services of staff services—in states which include within individual states. This development non-councii legislators on council subcom has the effect, first, of assuring adequate mittees, as in North Dakota, Tennessee and assistance to study committees, and second, Wisconsin. of reducing duplication and overlapping of The needs of standing committees and of staff personnel. Underlying the trend has individual legislators, {jarticularly - the been the very evident fact that legiisliators leadership, for additional assistance have are placing greater reliance on interim re been noted by various studies and reports search, involving the efforts and energies in recent years. An increasing number of of larger numbers pf legislators and the use states' are providing some aid for their committees, notably the committees con * TTie Offices of Legislative Clerks and Secretaries in the States (Chicago: The Council of State Gov- cerned with finahco and appropriations. emraents, October, 1957, $1.50), p. 2. Sometimes the assistance is provided by y'i 60 THE BOOK OF THE STATES personnel of permanent service agencies, of 1956 likewise failed to appropriate funds sometimes by personnel who serve the for its council, but a special session shortly committees directly. An interesting recent after dedicated tax revenues (up to $80,000 development is the legislaifive internship a year) for council support. " program initiated in California in late! . In addition to the Montana Supreme 1957, patterned partly.on the Congres Court decision mentioned above, Kansas sional program begun in 1953. A some and Missouri courts handed down rulings what similar plan was considered but not affecting the power of the legislature to enacted by the North Dakota legislature in create service faciUties. In 195,6, the Kansas 1957. .. ^ • Supreme Court Voided the creation of a New service agencies created in 1956:^57 legislative study committee by the session are noted above and in accompanying earlier that year on the ground that the tables. Bills to, create councils failed of en even-year session is limited to budgetary actment in Idaho, Mississippi and West matters. The Supreme Court of Missouri Virgiriia. In 1957 the Wyoming legislature, in 1957, overruling in part opinions of the after rejecting a bill to reconstitute its. Attorney General, upheld the power of the council, did not appropriate funds to the legislature to create joint interim com existing agency, the Legislative Interim mittees but barred committees created by Committee. The regular Louisiana session only one house. •4. <• -'^ TABLE 1 PERMANENT LEGISLAXiyE-5£RV-ICE_^ENCIES Recom Bill mends Spot re- Continuous Date ._,_ - drafting Prepares substan -~^arch and study of Budgetary Legis agency '' '''"--f.^. Reference for- bill and tive legis Prepares ^unseling state reve- review lative • State or eslah- ' SirvKe agency ' '• ftBfSr3f>, legis Statutory law sum lative research fof^-t....,^^ nues and and post oilter jurisdiction lished. • and^ff head facilities lature revision maries program reports legislators expenditures analysis audit 'Alabama.. .*: 1945 Lcaistative Council -— Charles M. Cooper, Secretao' 1945 Legislative Reference Service -A- «• J •'. Charles M. Cooi)cr, Director • •• 1947 Legislative Commillet on • — >. Public Accounts 1947 Dipt, of Examiners of . — .ir Public Accounts ''},.-'•'''•' '-' Rali)h P. Eagerton, Chief Examiner Arizona ... 1953 Legislative Council -k • Jules M. Klagge, Director 1937 Dept. of Library and Archives ir Alice Good, Director 1950 Post Auditor — A. L. Meaits, Post Auditor Arkansas 1947 legislative Council -k • « , •ia) - ^ Marcus Halbrook, Director ,' 1953 Joint-Auditing Comniittee — _ _ 1953 Division of Legislative Audit — • ^^ "' ~~ Orvel M. Johnson, ^' Legislative Auditor California...... 1913 Legislative Counsel Bureau — f Ralph N. Kleps, Legislative Counsel y90\(.h) Administrative-Legislative ic Referenu Service {State Library) Carma R. Zimmerman, State Librarian Charles Mastin, Reference Librarian 1941 Joint Cegisldtive Budget Committee — A. Alan Post, Legislative Analyst 1953 Law Revision Commission — John R. McDonough, Jr., Exec Secy. 19SS Joint Legislative Audit Committee — 1955 Legislative Audit Bureau -^ ' ^ ' • WUllam K. Merrlfield, Auditor Gcnejral Colorado. 1953 Legislative C^ncil -k -, . Shelby F. Harper. Director 1927 Legislative Reference Office -k {Department of Law) Clair T. SIppel. Secretary 1951 Committee on Statute Revision — Charles M. Rose, Rev. of Statutes 1956 Joint Subcommittee on — A'ppropriations Harry S. Allen, Director IT W f? / TABLE 1 PERMANENT LEGISLATIVE SERVICE AGENCIES-Continued Recom- Bill mends Spot re- Continuous Date drafting Prepares substan search and study of budgetary Legis- agency Reference bill and tive legis Prepares counseling state reve- review laliva Stale or estab "Jgervice agency library >r Statutory law sum lative research for nues and and post other jurisdiction lished i. ^ Hi / /• / m Iowa..... 1955 Legislative Research Commilfee — f^ — '— -^, — . "k — — , 1955 Legislative Research Bureau ir -k — — ' —• "k if — • ., Clayton L. Ringgenberg, Director 1939 Legislative Refereiue Bureau ic — .' — -k . — — k — {State Law Library) Geraldine Dunham, Law Librarian \. 1951 Budget b" Financial Cotttrol ______*•*• — / '^r V Committee . ^ . '/ "^' • " _Rep.jGcorge-L. Paul. Gluirman":^ "•--? / / iKansas.....;,..;..' 1933 Legislative Council - •*• — — — -^ k ^ k / ic ' — . — / • • ., - • Frederic H. Guild, Research Dir. / • • 1909{b) State Library - • — _ ^ _ _ ^ / _ - _ _ LouiaeMcNeal. State Librarian / 1929 Revisor of Statutes ^ ->**'• — — • / — — — " .' , Franklin CorHck, Revisor _„^ - ,. /• ' Kentucky, r. \9i Maryland 1939 «*• ...... Carl N. Everstine, Secretary and • ' , / \9\6(S) DepartmentDirecto rof o fLegislative Research Reference k k — " "A" — — k / Carl N. Everstine, Director 1947 Slate Fiscal Research Bureau _,__ _ _ -^ ^ {Dept. of Legislative Reference) •* John S. Shrlver, Director .... State Library kr — — — — — — Nelson J. Molter, Director ^ , .Massachusetts.... 1954 Legislative Research Council . — — — :— -rr -A" — 1954 Legislative Research Bureau \/ — — — — . ' • .^ kc -k Herman C. LoefHer, Director 1908(b) Legislative Reference Division -k — — — — — ^ "k , (State Library) ' . '" ' y" • .' Dennis A. Dooley, Librarian ' ' ' / L Albert Matkov, Legislative / Reference Librarian ' y • I w <^ TABLE 1 7" PERMANENT LEGISLATIVE SERVICE AGENCIES- -Continued Recom BiU. mends JSpot re- Continuous Date drafting Prepares substan search and study of Budgetary Legis- agency Reference bill and tive legis Prepares counseling stale reve- review lativt State or estab Service agency library . legts- Statutory law sum- lative research • for nues and and post other jurisdiction lished and staff head ! facilities lature revision maries program reports legislators expenditures analysis audit Massachusetts— Counsel to Senate and Counsel — (Cont'd) td'Houte-of Representatives . Charles J. Inness, Senate Counsel ,r I- Frederick B. Willis, House Counsel 1946(g) House Ways and Means Committee — Charles E, Shepard; Legislative Budget Director Mlcht{LAn 1941 Legislative Service Bureau ' -k •k . C. J. McNeill, Director 1947 1 CommitteeonAuditand Appropriations — •*r . . 'C. J. McNeill. Legis. Cotffptpolter Minnesota...... 1947 (l>) Legislalive Research Committee • Louis C. Dorweiler; Jr., Director of Research A .... Slate Law Library e^/ Margaret S. Andrews, State Libn. 1939 Revisor of Statutes • Joseph J. Bright, Revisor Mississippi. Stale Library . Juli:» Baylis Starnes, Stale Libn. ^ 1944 Revisor of Statutes (Dept. of Justice) Lester C. Franklin, Jr., Revisor , of Statutes and Asst. Atty. Gen. 19SS Commission of Budgeting fAccounlinn Frank W. Ellia, Secretary Missouri 1943 Committee oif Legislative Research William R. Nelson, Dir. of Research Edward D. Summers, Rev. of Statutes V Montana '..;. 19S7 Legislative Council r Eugene Tidball, Exec. Dir. \92\{h) Legisialive Reference Bureau "estate Law Library) Katlierine Orchard, State Law Libn. Nebrasica 1937 Legislative Council i • Jack W. Rodgers, . • '•' -r Director of Research 1945 Revisor of Statutes Walter D, James, Revisor and Reporter of the Supreme Court Nevada. 1945 Legislative Commission 1945 Legislalive Counsel Bureau J. E. Springmeyer, Legia. Counsel r- 1949 Legislalive Auditor {of the Legis !- lative Counsel Bureau) A. N. Jacobson, Legia. Auditor 1951 Statute Revision Commission Russell W. McDonald, Director Law and Legislative Reference Section. ^ {State Library) ' Constance C. Collins, State Libii. New Hampshire.. 1951 Legislative Council Robert Dishman, Secretary 1913(b) Legislative Service (State Library) Mildred P..McKay, Librarian Philip Hazelton, Legislative Reference Librarian 1947 Legislative Budget Assistattt Remick Laighton New Jersey 1954 Law Revision and Legislative Services Commission ''• ! • Charles DeF. Besore, Executive ' Director and Chief Counsel John W. Ockford, Counsel to / the Legislature 1954 '' Legislative Budget and Finance Dir. 0\ CliflFord Thomas, Acting Director % 1945 Bureau of Law and Legislative r Reference {Division of the State . \ . Ltbrary, Archives and History,' >. I Dept. of Education) Roger H. McDonough, Director, \ Division of the State Library, : " Archives and History .. ?«i Dan F. Henke, Head, Bureau of ' Law and Legis-Reference i93X^^ePartment of State Audit Frank Durand, State Auditor New Mexico. 1951 Legislative Council 1951 Legislative Couruil Service Jack E. Holmes, Director 1957 Legislative Finance Committee • Inez Gill, Legb. Fiscal Analyst • ^ New York. Legis. Reference Library . * . {State Library) • Charles F. Gosntll. State Libn. William P. Leonard, Legislative Reference Librarian Legislative Bill Drafting Commission- • i/.Theodore E. Bopp, Commissioner Edward T. Dunleavy, Commissioner Law Revision Commission W. David Curtiss. Exec. Secy. i^ T y ' TABLE 1 . ' PERMANENT LEGISLATIVE SERVICE AGENCIES-Continued Recom Bill mends Spot re- Continuous DaU .drafting Prep^es substan search and study of Budgetary Legis agency Reference .for bill and tive legis Prepares equnselittg state reve- fevuHo lative StaXeoi estab Service agency library 'UgtS' Statutory law sum- lative research " for nues and and post other jurisdiction lished and staff head facilities lature revision • maries program • reports legislators expenditures analyiis audit North Carolina... 1945 General Statutes Commission • (Department of Justice) F. Kent Burns, Secretary(1) 1939 Division of Legislative Drafting fc* • Codification of Statutes (Department of Justice) Director (vacancy) 1947 Revisor of Statuies-(Deparlment of Justice) • • . F. Kent Bucps, Revisor(i) North Dakota., 1945 Legislative Research Committee C. Emerson Murry. Director William J. Daner, Rev. of Statutes g; pjhio. 1953 Legislative Service Commission Cliarlea W. Ingler, Jr., Director 1910 Legislative Reference Bureau • Arthur A. Schwartz, Director Oklahoma. 19^9(h) SCate Legislative Council • Jack A. Rhodes. Director • • • 1951 . Legislative Audit Committee (of the ^ •• Legislative Council) Paul S. Cooke. Legis. Auditor 1917(i) Legislative Reference Division (State Library) Ralph Hudson,'State Librarian Geraldine M. Smith, Leg. Ref. Librarian Orejion 1953 Legislative Counsel Committee Sam R. Haley, Legis. Counsel 1913(b) S/a/e L»6rary Eleanor S. Stephens, State Libnl Mary Louise Steere, Legislative . Reference Librarian i . PennsylTanla... 1937 Joint State Government Commission Guy W. Davis, Director 1909 Legislative Referenu Bureau • Burt R. Glidden, Director X ' V % • '-C • Rhode Island. 1907(b) Legislative Reference Bureau (Slate Library) • Grace M. Sherwood, State Libn. Mabel G. Johnson, Legis. Reference Librarian .... Assistant in Charge of Law Revision (Ojfficeof Secretary of Stale) Maurice W. Hendel, Assistant in Charge of Law Revision 1939 Finance Committee, of House of Representatives Rep. John J. Wrenn, Chairman •- 1939 L«fi»iw/«»ie CottK«Hinoperatlve) South Carolina. 1949 Legislative Council L. G. Merritt. Director 1954 Committee on Statutory Laws -^ L. G. Merritt, Secretary and Code Commissioner South Dakota. 1951 Legislative Research Council Loren Ml Carlson, Directbr off Legislative Research - •' 1951 Revisor of Statutes -, Leo D. Heck, Revisor ancP- . Siipreme Court Reporter 1943 Department of Audits and Accounts . John C. Penne, Comptroller Tennessee. 1953 Legislative Council OS Thomas A. Johnson, Ejcec. Dir; .... State Library and Archives • Dan Robison. State Librarian and Archivist 1953 ' Coae Commission Justice-A. B. Neil, Chairman ' 1835 Department of Audit 1^ . William Snodgraas, Comptroller of Treasury > XCXflS• «•••'••*«< 1949 Legislative Council •(k) C. Read Granberry, Exec. Dir. 1909 Legislative Reference Division •(k) .• {State Library) Doris H. Connerly, Legislative Reference Director 1949 Legislative Budget Board •(a) Vernon A. McGee, Budget Director » 1943 Legislative Audit Committee • p. H.Cavncss, State Auditor Utah.., 1947 Legislative Council Lewis H. Lloyd, Director Mont G. Kenney, Legis. Auditor Verm&nt. 19^(b) Legislative Reference Bureau' ' (State Library) . Lawrence J. Turgeon, State Libn. Hazel Chisholm, Assistant Libn. 1957 Statutory Revision Commission Lawrence J. Turgeon. Secy. ••/. ^^ I ^ ,' TABLE 1 PERMANENT LEGistATIVE SERVICE AGENCIES—Continued ' •- •" •• • '•• Recom -..i*» . - Bill : ' mends Spot re Continuous Date drafting Prepares. substan search and study, of Budgetary Legis- • agency '• Reference "for bill and tive legis- Prepares counseling slate reve review • lative State or •estab• Service agency .^ibrary legis Statutory law sum • lative research . for ' nues and and post . other jurisdiction lished ^ and staff head facilities lature revision maries program reports ' legislators expenditure!) analysis- audit '•• —• Virfilnla.,..;:.... 1936 Advisory Legislative Council — - — " — '. • ;• • —; — • — — '•' . John B. Boatwright, Jr., Secy. 1914 Division of Statutory Research and ic • • • • . • *••• Drafting ..'"•' •-•' John B. Boatwright, Jr., Director 1948 Code Commission ' ••.— . — • — __ • •—- — John B. Boatwright, Jr., Secy. % .— 1928 Auditing Committee — •r- • — —.. — . . — • 1928 Auditor of Public Accounts — ' *r— — "^ * ~~' •"" * J. Gordon Bennett, Auditor :- - ~ - » Washington. 1947 State Legislative Council Donald C. Sampson, Exec. Secy. State Library 00 an E. Reynolds, State Libn. 19S1 Ive Budget Committee W. Ellis, I^gis. Auditor 1951 Law Committee t,rd O. White, Revisor West Virfilnia. ^947 Joint Committee on G(^ernment and FinanceQ) 1953 Legislative Auditor {of the Joint Committee on Government and • Pittance) C. H. Koohtz,-Legislative Auditor Wisconsin. 1947, Joittt Legislative Council — i • • - Earl Sachse. Executive Secretary f 1901' Legislative Reference Library .. •*- - • -k M. G. Toepel. Chief 1909 , Revisor of Statutes "^ — JUmes J. Burke, Revisor , . • • •' f Wyoming. 1949(10 Legislative Interim Committee — E. L, Newton, Executive Secretary^ .... State Library • -k May Gillies, State Librarian ,1953 Permanent Legislative Ways and. — Means Committee ? ,^ •^••.; mkmJk••».'• • •••. -..^J,' --^»>*'- w,^P -"' .'^^-r^-- *••* "•"•'•'""f?^ "• ••• 'SP.•mVf**''i***^=""" ' o =a»e= Alaska.;... • 1053 Legislative CaifiiCih^^,^,. Henry Ji Camarot,''Exec. Director loss, Legislalijfc AiiSil Cdnimillee loss Division of Legislative Audit C. J. Elirendreich, Legis. Auditor ,.. Guam 1956 • Leaislaiive. Staff Director Juan M. Tuncap, Legiilative StafI Director ' 1050 Legislative Coulisel to the Legiilaliire • •John A. Bohn, Legi^. Counsel 1957 Legislative Fiscal Coiisullant^ "• Howard O'llurii, licg. Fiscal Consultant Hawaii .' ., 1043 . Legislative Reference Bureau * • On) • Robert M. Kamins, Director .. 1054 legislative Reference Service • •. • Carlos V. Davila, Director • Office of Legislative Services • • • i<3s6 Coi)triission for. the Codification of the Laws Secretary of Justice J. B. Kcru;ifi- dez-Badillo. Chairman 1052 Office of Controller Rafael de J."Cordero. ConiroUiT , 1947 Legislative CoiouW (inopcnitiv.;) Virgin Islands. Legislative Consnltant Francisco Corneiro, Legis. Consultant \ (a) Also responsible for preparing a state budget. . ' (K) Year in which full-time research sitaflf was organized. (b) Year legislative reference services first provided uitliin existing libniry agency. (h) Minnesota: eH_tablishe 70 THE BOOK OF THE STATES LEGISl,ATIVE COUNCILS AND COUNCIL^TYPE AGENCIES / ' . ' \ . Number of twicers • • ; • • ••- ' • • , _A . : .^ 1957-59 . Appropriaiiohs Rep- . Ex-. * for council re- officio Term Stale or other Year and research senta- and' (no. of jurisdictio/r Agency . created service Total Senators lives others years ^ Alabama.... Legislative Goundl(a) 1945 $115.000(b) 12 ' 4 6 2(c) 2 Arizona Legislative Council 1953 100,0000") 12 5.5 2(c) 2 Arkansas.}...... Legislative Council 1947 -144.400 21 6 12 3(f) 2(g) Colorado:.'. Legislative Council 1953 llS.500(i.j) 13 * 5 6 2(c) 2(k) Connecticut...... legislative Council 1937 143,500(1) 24 6 12 .6(ni) 2(g) Florida^.. Legislative Cauncil(a) 1949 200.000 18 8 S 2(c) (o.p) Illinois Legislative Council. 1937 ' 139.760 22 10 .10 2(c) 2(s) Indiana Legis. Advisory Comnm. (a) 1945. . 100,000(u) 12 5 5 - 2fc) 2 Iowa...... ;. Legis. Research Comtn.(a) 1955 . (w) -6 3 3 .„,;.' 2 Kansas IvCgislative Council 1935' 144,261(j,y). 27 10 15, 2(c) 2 Kentucky...... Legis. Research Commn. 1936(ab) 270.000(ac,ad) 7 (ae) (ae) 7(ae) (ae) Louisiana...... Legislative Council 1952 80.000(j,af) 18 8 8 2(c) 4 Maine Legk. Research Comm. 1939 109,080(ah) 16 7 .- 7. 2(c) .2 A Maryland legislative Council 1939 , 40,000(j.ai) 20 6 6 8(aj) 2(g) Massachusetts...... Legis. Research Council(a) 1954/ 71,000U,ak) 6 2 4 .. 1 Minnesota Legis. Research Comm. 1947(ab) 130,000 " 18 9 9 .. 2(ar}j) Missouri .; Comm. on iJbgis. Research 1943 300,000(ao) . 20 lO 10 .. (a^J) Montana . .. Legislative Council(aq) 1957 100,000 12 6 6 .. ,(ap) Nebralka. ;... Legislative Council. 1937 79.000 43(at) 43(au) (au) .. (at) Nevada,. . Legislative Commission(a) 1945 166.063 8 4 4 .. ,-.(ax) / NewHkmpshlrc Legislative Council 1951 .5.000 IS 3 9 3(ay) 2(az) n.Ne w Jeteey...... :... Law Revis. & Legis. Serv. 1954 - 113,915 8 4 4 .. (ap) ,>i • - Commn. , . .. _^ _ • , New-^eAlco.; Legis. Council Commn.(a) 1951 157,496(ba) 13 5 6 2(c) 2> NorthDikota ... Legis. Research Comm. 1945 92.700(bB) 11 5 6 .. 2 Ohlo...b\.... Legis. Service Commn. 1943(ab) 450i000 14 " 6 6 2(bd) 2(_ Oklahoma....;.."r^. State Legis. Council • 1939(ab). 130,000(bf) .165(at) 44 121 •• ^ (at) Pennsylvania Joint State Govt. Commn. 1937 425.000 260(at) 50 210 ^^^ (at) South Carolina Legulative Council 1949 84.100(j) . 5 (bl) (bl) 5tbl) (bl) South Dakota Legis. Research Council 1951 '- 70.000 ll(J(at) 35 75 .. (at) Tennessee Legis. jCouhcil Comm. 1953 200,000(bn) 24 9 15 2(c) 2(bo) Texas.....'...... Legislative Council 1949 195.590 17 5 : 10 2(c) (bq) Utah Legislative Council. 194.7 7S.0OO(br) 13 5 5 3(b3) 2 Virginia i'...... Advisory Legis. Council 1936 44,520(ad) 14 5 9 .. 2(g) Washington State Legis. Council 1947 140,000 21 9 10 2(bd) 2(k) Wisconsin. Joint Legis. Council 1947 146,000 15 5 • 8 2(bd) 2 Wyoming Legis. Interim Comm. 1943(ab) (bt) 12 6 6 .. 2(bu) Alaska Legislative Council 1953 70,500 10 4 4 .2(c) 2 . 1 1 '-. -; ' :. •Excluding ex-officio members. (v) Indiana, President of*Senate named iChairman; Kansas (a) The research staff arm for the agency in certain states by .Maryland, Texas, President of Senate named Chairman, statute is given a diflet'fcnt name, as follows: Alabama^ Legisla- Speaker of House, Vice-Chairman; Kentucky, Lieutenant Gov- live Reference Service: Florida, Legislative Reference Bureau; crnor named. Chairman; Oklahoma, chairmanship alternates Indiana, I.Qgislative Bureau; Iowa, Legislative Research ,Bu- each session between President Pro Tem of Senate and Speaker reau; Massachusetts, Legislative Research Bureau; Nevada, of House. . • • • • Ix^K^^lative Counsel Bureau; New Mexico, legislative Council (w) No appropriated amount available to either the Iowa Service. legislative Research Committee or its staff, the legislative . (b) Includes S6.000 for the Legislative Council and $109,000 Research Bureau. The legislative Budget and Financial Con fer Legislative Reference Service, trol Committee pays expenses of operation at the level de- (c) President of Senate and Speaker of House are named ex- termined by the Research Committee and the director of the officio members in statute. Research Bureau. i (d) Elected by legislature. (x) It is ciistomary^or the next legislature to pay $20 for (e) Appointees representative of all sections of the state. each day of committee work to legislators serving on commit- (f) Ex^jfficio members include President Pro Tem of Senate,- tees which meet inlinterim. .Speaker of House and one legislator named by the Governor to (y) Includes $75,000 for special studies; does not.Include un-i represent him on the Council. expended balances. ... (^) Members appointed to serve: until next regular session or (z) Appointment of members subject to approval by respec- until successors selected. In Connecticut, appointed and elected tive houses. . ,-•-, members are-limited to three terms on the Counpil. (aa) Plus $7.00 perdax- (h) Members chosen by Congressional District Caucus of (ab) Kentucky, Legislative Research Commission in 1948' Senators and Representatives respectively. replaced Legislative Counal created in 1936; Minnesota, Legis- (i) Includes $51,500 for special studies and $9,000 for special lative Research Committee established as a temporary com- Council committees expenses. mission in 1947 became permanent in 1951; Ohio. Legislative (i) Fiscal year 1957-58. - Service Commission in 19S3 .'replaced Program Commission- (k) Members serve until appointmeatsif successor or termina- created in 1943; Oklahoma, Legislative Council wascreated in tion-of term of office in legislature. 1939, but not activated until 1947; Wyoiping, legislative (I)...Includes $7,500 for special study. • Interim Committee, re-created each session jiincc 1943, was (m) President Pro Tem of Senate, Speaker of House, Ma- made permanent in 1949. , :__ jority and Minority leaders of Senate and House .are named (ac) Includes $89,000 for statute revision, members in statute. (ad) 1956-1958 biennium. (n) Senate and House members of each political party elect (ae) legislative Research Commission composed cx-officio of Council members; The-President Pro Tem of Senate and Speak- Lieutenant Governor, President Pro Tem of Senate; Speaker pf er of House appoint the Senate and House. riffJibership in House, Majority and Minority Floor Leaders of House and event the legislature fails to elect the members'. - Senate. Members serve for term of office. (o) -Members serve at pleasure of House and Senate respeo (af)'The amount appropriated is set by statute at up to and tively. hot exceeding the sum of $80,000 annually. (p) 'Vacancies are filled by remaining Council members. - (a«) At least three regular meeting;s each year are required. (q) Chairman and Vice-Chairman are elected by Council . fan) Includes $2,000 for special study, membership, one representing each house. Customarily chair- ' (ai) In addition, an extra appropriation of $30,000 was in- manship rotates between House and Senate. scrted in the fiscal 1957-58 legislative budget for use if need- '-(r).Annual meeting In January, all others on call. ed by the Council for research'purposes. (s) Term is for two years except that a Senator appointed at (aj) Members named ex-omcio are President of Senate, the beginning of a new terra serves for four years. , Chairman of Senate Finance Committee. Chairman of Senate (t) Approval of the Executive Committee is required in the Judicial Proceedings Committee, Minority Floor Leader of appointment of Senate memtiers. ' -^ Senate, Speaker of Housei Chairman of House Ways and Means (u) Members also receive per diem and mileage for attendance - Committee, Chairman of House Judiciary Oommittec, and at meetings. Research and staff services are provided the Com- Minority Floor leader of House, mission by the Legislative Bureau. c LEGISLATURES AND LEGISLATION 71 LEGISLATIVE COUNCILS AND COUNCIL-TYPE AGENCIES—Continued General Statute requires legislative representation Meetings membership* of- Officers required A A /•'.•' '^ -, f ^ ^ •r—^ ». ' • • Ap Con- r ^ pointed Other gres- Elected • At CoinPensatioti by pre- methods Politi- sional by . least Only. '• .,—^—y'^ r~> State or sidinn of selec- cal dis- Ex mem- quar- on Per''. Ex- ; _ other officers lion. parties Iricls officio bership' terly call diem penses jurisdiction (d) .. • • ... • , ...Alabama • • .• •. ,- (e) • • • $15 Travel ...Arizona (h) • • : • / 15 Travel ...... Arkansas • .• . • d•.o. • • ..* .. ^ ir . ••• Colorado ,(n) (n) • • "• 20 • Connecticut •(P) ••• • (q) (r) • ...... Florida *(t) .. • .. A • • .. • ..Illinois • * • •... . •(v) .. • 15 • ....Indiana • ;• • • (x) • Iowa •(z) ... '. • • • (v) • •.. 5 Travel(aa) • Kansas • (V) • 25 TrAvel Kentuciiy • • .. • • (ag) 20 Travel .. Louisiana • ..?- • •• • .^ 10 • ....Maine •(z) «. .. • (e) . • (v) • ' -20 Travel .Maryland • •• • ,. .•• (al) • • •. • Massachusetts (an) (an) .• • •(an) .. , • •. • Minnesota • • • • • .. ... • '.Missouri (aq) (aci) • .: • .. •(as) .. - —• ' .... Montana (aw) •' Nebraska (av) (av) (d) • • • • .. Travel . : Nevada • • (e) • • .. .. • . ..New Hampshire • ' ..••.. • .. ~ • NewJerslBy' (ar) (ar) • • • •k- 15 Travel New Mexico •(be) • • • . .. 10 • ....North Dakota •(be) • .. • • • .. • ...Ohio (bg) (bg) • •(V) (bh) •(bh) 6 Travel Oklahoma .-. _ (bg) (bi) (bj) (bk) ....Pennsylvania • (bill) 10 ..South Carolina (bg) i . ' • • .. • (bi) •(b.\) (b.'i) 10 • ....South Dakota • • (bp) . • • • 10 • ... Tennessee • (by) •(v) 18 • .. • ..:. ;..Texas • • .. • . • .. • Utah •'• • ' • . •- .. • ../ • 10 • ...... Virginia •(?) • • • • ^ ../ 15 Travel .....Washington (ar)\ (ar) • . • : • . ./ • Wisconsin •• .. .. • • X ' 12 '• Wyominft •>•,:.. • •(bv) • .. (bw) 20 Travel Alaska (ak) Includes $1,000 for Legislative Research'Council and sentatives of congressional districts; in Pennsylv.inia by statute, 555,000 for Legislative Research Bureau, plus unexpended bal executive committee consists of President I'ro Tem of Senate, ances of about $15,000. Speaker of House, Majority and Minority Leaders of Senate, (al) Chairman appointed by President of Senate, Vice- Majority and Minority Leaders of"House, Majority and Minor Chairman by Speaker of House. ity Whips of Senate, Majority and Minority Whips of House, (am) Members are appointed during or after legislative ses Chairman of Majority and Minority Caucuses of Senate, Chair sion and serve until convening of next regular session. man of Majority and Minority'Caucuses of House; in Soutti (an) House members appointed by Speaker, one from each Dakota, executive board is elected by legislature. congressional district; Senate members chosen by caucus of (bh) Executive committee meets quarterly; full Council mtsets Senators, one from each congressional district. . "".on call. '•• .." ( m) Legislation TRENDS IN STATE: LEGISLATION, 1956-1957 EGiSLATURES of Seventeen states met in line the need for extraordiiiary state action regular session in 1956, andofforty- for education. Similarly, the states con I-* five in 1957. In addition, niore than tinued to recognize and act upon the need half of the states had special legislative ses for improved mental hospitals and mental sions in one or the other of the two years. health services. . Elsewhere in this volume sections on The prosperous state of the economy has separate fields of state activity include treat- had its effects in adding to demands for riient of important legislation in various 'certain services—especially by putting categories. This chapter summarizes over greatly increased numbers of automobiles all trends of legislation during the bien- on the roads, the construction and main nium. tenance of which remain, primarily, the In both years the over-all eff"ect of enact responsibility of the states. Irnprovement of ments has been a broad expansion in state highway systems and highway safety Was governmental services and facilities, fi an outstanding objective of legislative ac nanced on the basis of record budgets. tion in every state. Much legislation, likewise, has been adopt ed to improve the operation of these serv FINANCE ices and facilities in individual states. To finance the expanded services for the Many causes have contributed to the ex growing population, the great majority of pansion. Underlying them all has been a 'legislatures voted record budgets. continued, rapid increase in population. Tax legislation was widespread, most of This rise has been particularly marked for it enacted in 1957. Taxes and tax rates were children of school age and for older people, not. so much affected as was the case in and it has been accompanied—as through 1955, when tax enactments were unusually out the years since World War II—by extensive. Partly because of the high reve threat mobility of people from one area of nues that continued to come from the 1955 the country to another, together with a provisions, most of the states were able to continued shift of many from, rural to finance their growing programs largely on metropolitan areas. All of these factors the basis of existing rates and levies. liave added to demands for public services. Yet numerous states increased one or Over iHe country as a whole during more rates, and some of these were up the biennium, more legislative attention sharply. Thus, as one example, Florida's was devoted to education than to any other, legislature in 1957 provided for $75 million service field. Heightened public and official more revenue for the state in the biennium consciousness of existing shortages of school and 336 million more for localities by a plant and teaching pergbnnel coincided ^eries of tax measures that included wider . with the rapid rise in enrollments to under application of the basic sales,tax. Arkansas, 72 -*-, LEGISLATURES AND LEGISLATioX 'r 73 Maine and Rhode Island, increased their Senate. Utah initiated the office of Legi^la- sales tax rates, in each case frojm 2 to 3 per tive Auditor. The Nevada and Texas cent. At least five states raised income tax legislatures submitted to the voters con- rates. Seven states raised cigarette taxes in stitutional amendments that, if adopted, ^ 1957, and six increased itheir gasoline taxes, will provide for. annual legislative sessions. Nunierous other enactments increased rev- In several states remuneration of legislators enue from special excise, license and privi- was increased. * lege taxes. . . . Among measures' to improve, the ju- As in most "off years," tax legislation diciary were abolition of the justice of the was not sweeping in 1956. Kentucky, how- peace system in Ohio, abolition of the civil ever, for which this was the regular bien- and criminal jurisdiction of justices of the hial session, revised personal and corporate peace in New Hampshire, arid ^^rovision in income taxes about 50 per cent. lylinnesota that establishment of a munici- (See "Recent Trends in State Taxation," pal court in any city will automatically end page 178.) - - the justice of the peace system in it. In Connecticut the Chief Justice was desig- . GOVERNMENTAL ORGANIZATION nated the chief administrative officer of the Muchiegislation was adopted to improve state court system, and a. state judicial ^governmental organization in the execu- council, was created in South Carolina, tivcj legislative and judicial branches. Numerous measures increased remunera- - Affecting administration, notable de--, tion for supreme court and other judges, velopments included es^blishment of cen- (See "Legislative Organization and Serv- tral state services arid consolidation of ices," page 29; "State "Administrative agencies. For example, New Mexico, North Organization," page 111; and ''Judicial Carolina arid West Virginia in 19"57"es-" Administration and Procedure," page 95.) tablished central state departments of fi nance and administration. Enactments in STATE SERVICES Arizona and California in 1956 arid in Legislation on education during the bien- Colorado and Georgia in 1957 established nium.reflected recognition among the states state plannirjg offices or commissiori?, and that rapidly mounting enrollments, short- Oregon set up. a department of planning ages of teachers in classrooms and needs for and development. Among various measures^, sound qualifications for teachers all de- that consolidated administrative opera- raanded previously unequaled state and tions—in addition to establishment of the local action. Appropriations for increased central departments of administration— state aid for operation of the schools were Colorado in 1957.established a department general. Numerous legislatures specifically of natural resources to centralize functions provided for higher salaries for teachers, of eighteen agencies and created a division There were frequent measures to accelerate of regulatory ag:encies to eliminate ad- school building, through authorization of ministrative overlapping. Wyoming's legis- larger local financing powers or state lature in the same year consolidated reve- financial assistance or both. Legislation nue collecting furictions of many agencies likewise included action to require or facili- into a new department of revenue. Salary tate better school district.organization. Iri increases, to aid in recruitirig and retaining several, states legislatures sought to provide qualified state officials and employees, were for rieeds of especially gifted or retarded widespread among the states. A number of children. In at least one state, Florida, the measures improved retirement systems or legislature in 1957 authorized counties to benefits. And several legislatures strength- operate schools on a twelve-month basis to ened the personnel systems in their states, make full use of school facilities. "* Action to improve legislative, organiza- Increased appropriations for operating tiori or procedures included authorizatiori the state systems of higher education also- of a legislative reference library in Califor- were general. Much new construction at nia, establishmerit of a twelve-man legisla- the colleges and universities.was provided tive Council in Montana, and provision for for, through direct state allotriients, author- a legal counsel for the New Hampshire State ization for revenue bond issues, or^both. : /• 74 THE BOOK OF \ZH^ STATES New or expanded scholarship or loan pro- .there was a significant amount of legisla- visions for students were among the enact- tion to improve services for children and ments in certain states. yguth. (See "State Public School Systems," (See entries on "Health and Welfare,'!^ page 259, and "The, States and Higher pages 309 to 362.) Education," page 273!) During the biennium more than three- Similarly, the legislatures provided for fourths of the sessions adopted significant record funds to permit their states to keep legislation relating to water. More than pace in the extraordinary nationwide pro- half of them established special districts to gram ofhighway construction ahead. There erigaige in water resource activity, and al- . were significant enactments to strengthen most one-tfiird of the legislatures made im- highway administration, highway plan- portant changes in administrative stfuc- ning, acquisition of rights-of-way and con- tures of agencies dealing with water. Water . trol of access. . , supply, flood control, pollution control, . The legislatures made 1957 a year of and water rights and use; all figured in the,- quite unprecedented action for highway legislation of the biennium. Other enact- safety—in line with the lead given through- merits that dealt with natural resources in- out the country by the Governors' Con- eluded measures to. regulate fisheries, to fereace of 1956 and its Committee on control oil and gas resources and to protect Highway Safety. Legislation in this field , forests. . encompassed a very wide range of facets— (See "Wafer Resources," page 386.) speed limits, licensing, driver training,. The legislatures during 1956 and 1957 highway" policing, penalties, riiles of the adopted a great mass of legislation in other road, automobile equipment, traffic courts, fields. Enactments designed to. facilitate and other aspects. Many of these were dealt iniproved government organization and .with in comprehensive programs of indi- governmental services in the localities, vidual states. particularly metropolitan areas, were prom-, (See "Highway Systems and Motor inenf. Urban renewal and housing laws Vehicle Regulation,*'page 286, and "High- were strengthened or made more widely way Safety," page 297.) / applicable in several states. New steps were. In health and welfare legislation, meas- taken in several instances for protection ures to improve the ment^ hospitals and against atomic radiation.- Certain states the mental health services were outstand- strehgthened their civil defense provisions. . ing. Higher appropriations for these pur- Measures to facilitate expansion of in- poses were general. The bulk of the funds dustry and comrrierce were. frequent. A were for the hospitals themselves. At! the " large-number of states raised,benefits un- same time, legislatures in a number of states der workmen's compensation, unemploy- . provided for expanded community or re- ment insurarice. or disability insurance , gional mental health services for diagnosis laws, and several legislatures raised legal and prevention. Programs for the mentally miniriium wage rates for all or certain retarded also received increased attention, categories of workers. In legislation in the Several legislatures strengthened and mod- field of crime control and criminal justice, ernized their mental health codes, in such measures to combat juvenile delinquency provisions as those dealing with commit- and to enhance opportunities for rehaibili- ment, admission and release. tation of young off'enderswere among the More legislation was adopted to^trength- most prominent. Strengthening of parole en the status of aging citizens than in any systems was another objective of legislation similar previous period. Aspects dealt with in several states. " J included employment opportunities, as- Separate articles, indicated in the incjle?, sistance payments, health and housing, deal with, those and other areas of legisla- There was a broad trend to increase public tion. assistance payriients in different categories. Among other phases of the health-welfare ; INTERSTATE ACTION field, several legislatures made special The biennium was a period of very ex- provisions for treatment of alcoholism. And tensive'legislation to provid^ for interstate LEGISLA TURES AND LEGISLA TION 75 cooperation in'Tundertakings that cut across* . Six water resource1X compacts, in widely state lines. As one example, ten states— separated sectipns of the country, received nine of them in the 1956-57 biennium—^ legislative ratification^^ in the biennium. have ratified the Interstate Compact on Maine, New Hainpshyre and Vermont A Mental Health, which makes the patient's ratified the Tri-scate Regional Mpdical welfare the cardinal consideration in de Needs Compact, designed to serve rural ciding whether he shall be kept in one areas." » \ state or sent to another. Since its inception In addition to other Vctions on in in 1955 twenty-two states and Hawaii terstate compacts, there were firequent en- have ratified the_Interstate Compact on actments of uniform state laws, sponsored Juveniles. This .compact has four major by the National Conference\of Commsi- "'1 purposes: to permit out-of-state super- \sioners on Uniform State, Laws," and of vision of a delinquent eligible for proba- measures suggested by the Committee of tion or parole who can benefit by going State Officials on Suggested StateXegisla- to a state other than the oneJn"which he tion. • ^ "'. got into trouble; to provide for return to\ A la%e body^^f legislation dealing with their home states iof runaways who'have individual state problems, moreover, waS^ not been adjudged delinquent; to provide "aided by prior cooperative studies on b?- for return of absconders or eacape'es to half o^ groups of states or all the states the states they left; and to authorize agree (See "Interstate Compacts," page 213; ments for cooperative institutionalization "Uniform State Laws," page 80; "Sug of special types of juveniles, such as psy- gested State Legislation for 1957 and 1958," chotics and defective delinquents., page 87.) I ,' V . / $ r-i-A. tj,-^^^ > •> \ DIRECT LEiGiSLATION, 1955-57 ANY proposals received the direct -New Jersey's voters (1957) reduced resi- approval of the voters in statewide dencx.requirements for voting from one M elections in 1955,1956 and 1957r-..- year to six months in the state and from . as amendments to state constitutions or as five months to sixty days in the county. measures subnaitted under referendum pro- A New York amendment (1955) extended '»ceduresJDuring the three-year period the absentee voting privileges to persons un voters passed upon such proposals in more able to come to the polls because of illness than two-thirds of the states, most of them or physical disability. «). in the elections of 1956. An Ohio amendment (1957) permits Prominent among measures adopted voting for President and Vice-President were provisions affecting elections, the of the United^ates without fulfilling the organization and administration of the dif previous reqfmrement for one year's resi-. ferent branches of state government, and dence in the state. Pennsylvania's voters individual state services. In most cases the (1957) provided for absentee voting by adoptions were in the form of constitu civilians when unavoidably absent f)e- tional amendments. cause of occupation, business, illness or Thd following summary is by no means physical disability. A,Washington amend all inclusive of enactments, b\it indicates ment (1956) increased the number of sig the scope of measures that held wide natures required on initiative petitions to interest! 8 per cenj^ of the, registered voters who ' ' ' • voted for Governor in the previous elec ELECTIONS tion/ and made 4 per cent of this vote Action at the polls affecting elections necessary to certify a referendum of an included a constitutional amendment act of the legislature.* adopted in Kentucky in 1955 reducing the voting age from 21 to 18. A Louisiana ADMINISTRATION, EXECUTIVE BRANCH amendment^(1956) lowered the state resi Measures affeoting administration or dence requirierrient ~-for voting from two organization of the executive branches of years to ojie. In Maine a 1957 amend state governments included the following: ment, effective in 1960, will make the A Colorado amendment (1956) provided elections for state officials and members of' for four-year terms for Governor, Lieu Congress fall in November, instead of the tenant Governor, Secretary of State, second Moqday of September as has been Auditor, Treasurer, . and Attorney Gen the case ever since 1820, when Maine left eral, beginning in January, 1959. An Massachusetts and became a separate state;, Idaho amendment (1956) permits a Gov In 1955 Maine adopted an amendment ernor to succeed'himself in office; her > that clarified absentee voting laws to per fore, the Governor could not seek re-elec mit rnembers of the regular Army to vote tion for a second consecutive term. Voters —niMBounty elections. ° of Maine* (1957) changed the Governor's Maryland's voters (1956) extended ab term from two years to four, eiffective sentee voting rights to persons in hospitals with the 1958 election.' Two years earlier or bedridden. Nevada (1956) required Maine's voters amended their constitution that members of the armed forces from to eliminate a requirement that the Gov that state be registered to vote in tjjie same ernor be. a natural-born citizen of the manner as other voters. United States citizen- ^ sentee voting in primaries; previously it ship, with five years' Maine residence. At was permitted only in general elections. the, same election Maine extended the 76 ^ Z' /• LEGISLATURES AND LEGISLATION 11 p^doning powers of the Governor and House from fifty-five to sixty-six members. Council to-offenses of juvenile delinquency. The amendment provided that no county , Marylano^ electorate (1956) required shall have less than one member and gave submission of recess appointments by the twenty counties two or more members , Governor to the Senate for confirmation each. Bernalillo County, with nearly a : \. on the first day of the regular session fol fourth of the state's population, received lowing the appointments. New Hamp nine seats. The amendment also provided shire (1956) empowered the Governor to that the legislature may reapportion the transact official business while absent House after each decennial federal census. from the state on state business.. New Each of New Mexico's thirty-two counties Mexico (1955) put four penal and health continued to have one Senator. institutions under statutory control and Ohio (1956) increased the terms of enabled the legislature to place all four State Senators from two years to four. under one l§oard or office or 'director. Voters of Washington (1956) adopted Texas (1957) authorized broader and an initiative measure for reapportioning more liberal pension provisions for state and redistricting the legislature, creating officials and employees; the amendment more equal legislative districts. A WasK- permitted the legislature to extend the ington amendment (1956) set up\,a pro coverage to elective officials—the systerny cedure to assure that 'when county com previously having applied to appointive missioners fill a vacancy in the legislature officers and employees—and authorized they shall appoint a member of the politi higher state payments into the fund. cal party of the preceding member. Washington (1956) removed a prohibi tion of more than one successive term for • JUDICIARY the State Treasurer. New York (1955) extended to more judges, in larger counties, a prohibition • LEGISLATURES against dual job holding that already had Among measures bearing on legislative applied ib Judges of the Court of Appeals ,organizatioh, ppwers and procedures, the. and Justices of the Supreme Court. •Arkansas electorate (1956) voted to pre Action in 1956 included the following serve the existing apportionment of State mea^ires: The voters of Arkansas au- Senators and existing senatorial districts thorrced the legislature to fix salaries and and to abolish the requirement that expenses of Judges of the Supreme, Cir senatori5ll seats be -reapportioned" after cuit, Chancery and Municipal Courts. every fefieral census. Florida (1956) pro Florida provided for creation of three vided a mW^d under which the legislature District Courts of Appeal and administra may call itselHpto special session. Georgia tion of a court system under rules author (1956) provided that any bills pending at ized by the State Supreme Court. Georgia adjournment of the first annual session changed the terms of Judges of the Supe of a biennial legislative term may be rior Court of the Atlanta Judicial Circuit considered at an^later session. Maryland from four years to eight. Louisiana au —(1956) prohibited introduction of bills thorized temporary assignment of retired ' v^f" during the fhsi ten days of a regular judges to courts of record. Minnesota . legislative session in even years or the last reorganized the state judicial system. New twenty days of a regular session in odd Hampshire increased from SlOO to S500 years, unless by consent of two-thirds of the minimum value in controvei"sy to ^ the members, qualify for a jury trial in civil cases. And Michigan (1956) required that toqucilify West Virginia made women eligible for as a member of the legislature one must jury service. be at least 21 years old and shall not ha vie been convicted of a felony or subversion LOCALITIES involving a breach of public law. New A Florida amendment (1956) provided Mexico (1955) reapportioned the House for home rule in Dade County, which of Representatives. It. eliminated multi- includes Miami. The terms granted the- county House districts and increased the electors of the county power to decflfe ^ i. 78 THE BOOK OF THE STATES local governmental matters within its assign pupils to the public schools of their bq^daries. The amendment provided respective districts, prescribing the method that the legislature should create a charter for such assignments, and providing for board, for Dade County, the aboard to appeals from local school board decisions s^ draft a county charter for submission to in them. California (1956) approved a - the voters. Once adopted, the charter SI00 million bond issue to prov^d^ loans could be amended or rewritten by the and grants for (1) school sites, construc county's electorate. Another Florida tion and equipment and (2) housing and amendment (1956) authorized the legis equipment for education of physically lature to create civil service boards or . handicapped or mentally retarded minors. commissions at the municipal, county and A Louisiana amendment (1956) authorized T^ state levels. local tax increases from 5 to 7 mills for New York (1955) permitted munici additional-schoor support, with voter palities to join together in building sewage approval; another Louisiana amendment and drainage installations. Ohio (1957) provided that, exernptions granted (by provided that electors of a county may parishes and munippalities to new (in approve by majority vote a county charter dustries shall not apply- to school taxes. changing the form of county government, Maine (1955) exempted rental agreements giving it powers concurrent with munici between municipalities and the Maine palities; in counties with at; least 3b0,000 (? School Building Authority from municipal population, the amendmefit also permits debt limitations. the electors, by majority vote of the county Missouri (1955) established a public and of the largest municipality, to apprS^e school foundation program, involving a a charter giving the county exclusive substantial increase in state aid to guarantee munidpal powers. ^ $185 a yearjfrom state and k)cal sources for each child in average daily attendance; TAXATION^^ANII FINANCE Missouri's voters in the same election pro Measures on taxation and finance in vided for a cigarette tax of 2 cents a cluded a Kentucky amendment (1955) package to pay part of the state's cost of exehipting from taxation all household the foundation program. Nevada (1956) goods of any person used in his home; made the office of Superintendent of a Missouri amendment (1956) permitting Public Instriiction appointive rather than invest\nent of idle state funds in interest- elective and authorized the legislature to bearing short-term obligations; a Nevada prescribe the manner of appointment. amendment (1956) permitting state taxa New York S\9S1) 'authorized a $250 \ tion" of federal property if Congress au million bond issue to supplement annual thorizes it; and a^^ew York amendment state revenues available for improvement (1955) authorizing*the State Goinptroller and expansion of the state university. A to supervise and eqlialize real estate North Dakota initiative measure (1956) valuations and taxation. Virginia (1956) established a state scholarship board, permitted governing bodies of counties, authorized scholarships not to exceed $500 cities and towns to exempt or partially applicable to qualified students in the exempt household goods and personal state's institutions of higher education, effects from taxation. Wyoming (1956) and established a state scholarship re allowed property of the federal;govern volving fund of $1 million. ment, the state and its political subdivi Oklahoma (1955) created a State Public sions to be subject to taxation if the prop Common School Building Equalization erty is used for other than governmental JFund, provided for additional local sup purposes. port of public schools, and authorized a J $15 million bond issue for capital improve EDUCATION ments at state institutions of higher educa '•: Numerous measures wdre adopted by tion. Rhode Island voters (1956) approved * the people in the field of education. a $5 million bond issue for developing ^ Arkansas adopted an initiated measure and improving the^ University of Rhode (1956) authorizing local school boards to Island and bond issues of $1.6 million and r LEGISLATURES AND LEGISLATION 79 , SI .75 million for the Rhode Island College commitment* of persons of unsound mind of Education and Exeter School, respec-, ' and authorized the legislature to provide lively. Texas (1956) authorized increased Tor trial and commitment of such persons, benefits under the teacher retirement and for waiver of jury trial in their cases. . sykem and increased. state contributions Another Texas amendment (1957) raised to it. from $42 million to $47 million the amount (See pages 7 and 9, in "State Con of state money expendable each year for stitutions and Constitutional Revision," public assistance. for action in Virginia and North Carolina, . respectively.) OTHER ACTION Ohio (1955) provided for a $150 million • / HlGHW^AYS bond issue to finance a building program /Provisions affecting highways and high- for educational, penal, mental j^ealth, way/departments included the following: welfare and other institutions (highways Kentucky (1956) approved issuance of excluded) and a cigarette tax of a penny SlOO million in bonds, the proceeds to be a package to be used against the bond issue. used to match federal funds for construc Several measures, most of them au tion of highways, bridges and tunnels. thorizing bond issues, related to veterans' Maine (1957) aj3proved a referendum pro 'bonuses—in Iowa, Louisiana, North Da posal setting up'a S24 million bond issue kota, Pennsylvania, Rhode Island and basically designed to finance the expanded West Virginia. The Pennsylvania action federal-interstate highway system. Mon was in 1957, the others in 1956. tana (1956) prevented use of gasoline An Arkansas ^amendment (1956) re tax revenue for other than highway pur quired the legislature to oppose in every poses. New Mexico (1955) gavCtihe legis constitutional manner, including interposi lature authority to set for the KigLway tion, invasions or encroachments on rights department the same budgetary, fiscal and powers belonging to the states. and personnel requirements it may impose Several enactments by New York's on other agencies. New York (1956) ap voters affected housing. In 1955 they in proved a proposition authorizing borrow creased to $34 million the maximum ing of $500 million for construction, re amount in cashisub'sidies the state may construction or improvement of state pay in one year for low-rent, publicly highways, parkways and related facilities. assisted housing,. unless the people in a general election approve authorization for HEALTH AND ^WELFARE contracts in excess of that figure. In the Alabama amendments (1956) author same year they approved making available ized a bond issue not to exceed S4 million from sale of bonds, previously authorized, to improve facilities and build new ones $50 million for state loans to limited-profit at state hospitals and a state school for I housing companies for construction of mental defectives, and a $2 million bond low-cost housing. In 1957 they allowed . issue to construct and' equip hospitals, limited-profit housing companies for mid health centers, tuberculosis sanitaria and dle-income housing to repay state loans in . related medical facilities. Arizona (1956) uniform annual installments, and permit adopted an initiated measure requiring ted towns 'and villages to exclude state premSrital medical examinations, certifi housing loans from their legal debt limits, 1« cation of blood test and a forty-eight hour as cities already could c^. waiting period before issuance ofmarriage A Texas amendment (1957) established licenses; recourse to the courts is permitted, a Water Development Board ahd;,a Q.ew in cases of emergency or religious objection state fund—to be derived from sale of as to the blAod test. A Colorado amendment much as $200 million in bonds—to aid (1956) provided a basic minimum old age political subdivisions in constructing water pension of $100 a month and authorized conservation and supply projects. a health and medical care program. Texas (See also "State Cofistitutions and Con (1956) required medical testimony for stitutional Revision,'" page 5.) ./ ^. UNIFORM STATE LAWS^ ••i HE two years, since publication of the Uniform Rendition of. Prisoners as last yolume of The Book of the States . Witnesses in Criminal Proceedings Thave been outstanding in the activi . . Act.^ ties of the National Conference of Com Uniform Statute of Limitations orr missioners on Uniform State Laws and the Foreign Claims Act. promulgation of uniformity in state laws. Model State Tax Court Act. . The Conference, which was organized Model Rules Gover.ning Procedure in in 1892, meets annually during the week Traffic Cases. preceding the annual meeting of the Amer In addition, the Conference in 1955 ican Bar Association. It devotes its entire adopted certain amendments to the Uni time during that week to a section by sec form Acknowledgment Act, arid in. 1956 tion study of proposed uniform and model cer%in amendments to the Uniform Ar acts which have had previous considera bitration Act which had been approved tion by committees and sections of the the preceding year. . Conference, and in many instances by the In the drafting of practically all of these Conference itself at one or more preceding . Uniform Acts, the Conference and its sec annual meetings. tions and committees have worked in close The annual meeting held in Dallas in cooperation with various other organiza 1956 was the largest in attendance in the tions which have had special interest in the history of the Conference, and the 1957 subjeci matters involved. Notable among annual meeting in New Yo^ City was such organizations are The Council of even larger. At both of tk^^e meetings State Governments and certain of the or- forty-seven jurisdictions were represented. ganizatiorjs affiliated with it. At the 1956 Since the publication of the last-Book of annual meeting of the Conference in Dal the States ten Uniform Acts and two Model las, the Committee of State Officials on Acts have been adopted and promulgated Suggested State Legislation of The Coun by'the Conference, all of which represent cil of State Governments, for the first time, legislation for which there has becn~ wide met jointly with the Conference Sub- spread demand. Thev are as follows:. Committee on Scope and Program. This In 1955: ' me'eting was considered so l)en.'ficial by Uniform Arbitration Act. both groups that a similar joint meeting Uniform Contribution Among Tort- was held at the time of the 1957 annual Act (as revised). i meeting of the Conference. [otor Vehicle Certificate of The Conference Vva.s honored by a reso Anti-Theft Act. lution adopted by the National Associa Uniform fPost, Conviction Procedure tion pf Attorneys General at Bretton. Act, Woods in 1955 acknowledging apprecia-. In 1D56: tion for the Conference's contribution of Uniform Gifts to Minors Act. the Uniform Post Conviction Procedure Uniform Securities Act. Act. In.1957: The mere listing of the various Uniform Uniform Chemical Test for Intoxi and Model Acts above shows that they cation Act. _. represent proposed legislation on subject Uniforrh Division of Income for Tax matters in which the need for uniformity : Purposes Act. is clearly desirable and practicable. While engaged in the drafting of such legislation, . *R:epared by BARTON H. KUHNS, Past President, National Conference of Gommlssionerson Uniform the Conference, with the cooperation of State Laws. The Council of State Governments and 80 LEGISLATURES AND LEGISLATIOiN 81 other organizations, has heen active in recommendations may be made, on this procuring the adoption of unifdrm legisla highly important subject. tion. Widely accepted within a compara That the Conference is alert to ne\y areas tively short time after its approval by of possible uniform. legislation is, illus the Conference was the Uniform Gifts to trated by its appointment in 1956 of a Minors Act, which has been adopted in special committee on developments ,in the thirty-eight states, Alaska, the District of fields of atomic energy and radiation. Columbia and Hawaii. One of the notable The Conference now has its headquar achievements of the Conference in recent ters in the American Bar Center building, years has been its adoption and promulga Chicago. The Executive Secretary there tion of a Uniform Commercial Code. This will be glad to answer inquiries concerning code, first enacted- in Pennsylvania, has current Conference activities. The Confer now been adopted in Massachusetts and . ence annually publishes a Handbook of its is the subject of study by appropriate proceedings, and in addition there appear legislative committees in many other each year a large number of articles, ndtes states.:,. and comments that deal with its projects, A recent count disclosed th'rty-six com- principally in Law Reviews and Bar As rnittees of the Conference currently de sociation Journals. The Georgia Bar Journal voted to study of various subject matters of of. May, 1957, for example, contained a proposed legislation. Some'of the studies study of the history of the movement for had progressed to the drafting stage, and uniform state laws. x others were testing the desirability of Recent interest shown from many sources proposed legislation. Among subjects re in its activities indicates that the.impor ceiving special study by the Conference is tant position of the National Conference possible model legislation relating to the of Commissioners on Unifprm State Laws conservation^ of vyater resources. By the in the improvement of legisISytioh and jus time of the 1958 annual meeting specific tice will continue for many years. V '- • 1 1 "S •\ •/• V ,. V. \;-> / :.( <2X 82 I THE BOOK OF THE STATES : ~ \ , RECORD OF PASSAGE OF UNIFORM AND MODEL ACTS* ' As of December, 1957 o •to <5. h 0\ c OS o 9 .5 •^ .2 o. o 1 1 5 3 o e 13 H ^ J •~ V- a •5 a. I'O Q ~ Vf 3 2 3 V, i 1 3 NO, O ^ o . o •5 State or other j urisdiclton c^ K5 5 - >. a, r Alabama.. • • • • • .. • '• ... • Arizona... • • .. • • • • • • .. .. • Arkansas.. • • • • • .. • • • . • .. • .. • • California. • • • • • • ;• • • • • • • Colorado • • .•: w • • • • • • Connecticut. • • • .. .1. • Delaware.... • • • • • • • • • • Florida • • .... • • • • Georgia. • • .. .. • .. .. • .. • • .. Idaho... • ••••.. • • • .. •••••.. • lUlnois. • • • • • • • • • .. •. • • • • • • Indiana. • •• • • • .. • • • .. • • • • • .. Iowa • ••.••.. • ....•*.. • • Kansas.. ' .. • • • T!r Kentucky. • ^ • .. • .. ...•,.•• -k -tr Louisiana. • • .. • • .. •,••••..•• • , • Maine. . • • • • • .. .. .;• .. ..• • .. .. • .. Maryland.. • • • • • .. • • •X •••••••• Massachusetts. • • • • • • • • •,.. .. -k .. • .. .- .. Michigan • ••••.. • • . • \* • • .. • • • .. • Minnesota. • • • • • .. •, •* • • .. • • • Mississippi. .. .. • Missouri... • • .. .. • • .... • • • Montana. . • • ,. • •*• .. • • .. • .. • .. • .. • •. • .. .. • .. • * • ..' .. • .. Nebraska...... • • • .. • • .. • • • • • • Nevada • •••••••••• •-^* •. .. • • f New Hampshire. • • • • • .. .. • • .... • New Jersey...... • ••••••••....•• ..' .. •*• • New Mexico.,.. • .• .. • • •...•• .. . . • • . . • • New York • •••••..• • • • . . • • • • • . . • • • , North Carolina. • • .. • • .. • .• .. .. • • . . .. • • \ North Dakota.. • • • • • • .. .. • • • • • .. • • Ohio. • • • • ... • • • ' k .. .. • Oklahoma.... • ...... • .. k k • Oregon.;...; • • • . . • •..„• • k k .. • • Pennsylvania. • • • • • .. k k • • .. • • • •.. • • Rhode Island.. • • • k • .. • South Carolina. • • . . • • • .... • k • .• •• * South Dakota.. • • .. • .. •• .. • k k • • . • Tennessee..... ^ i • • .. • •.. • • k k • .. • • • • .. • /• I'exas • • k .. • • .. • Utah..:. k k .. • • • * • • • Vermont. • k k k • • * • • • • Virginia. • .. .. • k.k k • • • • Washington.'.. • • • k k k k .. .• • West Virginia! • • .. .. k k k k • .. • • • Wisconsin'.... • • • • • • • • * • .. • Wyoming..... • • • .. • • •. • District of Columbia. • • • • Alaska • • • • • • • • • * • .. Hawaii... k • • .. • •. .. • • • • • Puerto Rico— • .. .. • .. .. • k Total..,....*. 52 52 37 33 Si 21 36 39 20 30 14 39 24 26 20 42 22 46 49 •I'repared by the. National-(-onferencc.of-<'ommiiia!oners.on-Uniform Stfltel.^aw«.- - - --._.. „.i.- .i..,. •' fThese states have adopted the Council qf Stntc Governments" form of Support of D^ndents Act which Is similar to the Con ference Act. •i!^As Amended. • . -^F~ LEGISLATURES AND LEGISLATION 83 RECQRD OF PASSAGE OF UNIFORM AND MODEL ACTS--Continued i As of December, 1957 a •0 ?o ^ a ^ -2 5 -a 2 •"I 5 1 ^•* .0 .0 a C .g fe, b ^ .. J! 2 Q 0 f '^ t; § g • •^•^ . 8 • vj 0 3 \> - J? 0 ^^ v> 0 • ^ "to 1 ^ IS-' ° g 5 J 1 1-0:^ •= *^ . 0 1 k. K 0 .<5 vj cr*^ 0 .5 55 '^ State or other jurisdiction 'A' .... • ...... if k .. ••• ....•• .... • .. •'..•. ...Arizona .. k -k .. -ir •• k Arkansas • • • • •• • .. • ir .. . !• .. ... • .. .. ' .. .. • .. • ...... • .. .. • .. '-.. • .. • • .. • .. :.. :. .. .. k ' .. .-• .. • ., ;. .. • • k • .. Delaware Florida A' .. • • • .. .. • .. • .. -* .. ••• • .. . .'. • • Georf^Ia .. ..*. • • • • :• •V .. • .. • • :; .. ..'. -k ...... • .. • ... • .. .; Illinois if .. .. • .. * ...... •*• •.... Indiana . .. • ...... "• .." • .... Iowa .. .. • .. • .. .. • • .. • .. • • .. • .. • •*-• .. , • .. • ...... Louisiana if .. • .. • .. .. •' .. :. . .. J- •... .Maine • .. • -it .. • -t >•' • .. • .. •.. • ..- •...... • • •• ...... • . • .. if •*• .. * k ir '.. •• '• ;- • .. '•• ... .. k .. k ...... Mississippi • ''.'. v. 'ir ic • .: • ...... •, • 'ir: • ...... • .. • -• .>..,.:! • • • ..: k .. • k •• .. • . :<> • -,.• • ir •. '• • . • • .. if .. .. :^- •^ .. .. •*• .. , ^*r • • ;.. .New Hampshire if .. • A-^ ..'... . • • • ... New Jersey • .. • .. • .. •' • ;. * .. •• kL New Mexico • • • • • ...' •.-. •• .. , • ... .. North Carolina • ..... • * • ... ~.. .North Dakota .. ..• ii-- .. '.. ..' .: .." ...;.. Ohio ...... •*• • .•*. • • • • ,..•"..•.-iJr ...... Oklahoma .. •• • • ...... -fr .. • • ... .: • •" '.'.' • .. • "• -sV .. • • k '•...... •*••*• ..••..... • • V. ..": Rhode Island ".. • • • ... ..South Cai-oHnia; • • • • ..••..•* • • ...... South Dakota . . . . -i' •*•.." • .0 ...... Tennessee ! •.. .. • .;. . .. • •..'. Texas • ...... • _ ••, k .. .;.•. .'.Utah '• •• ••- • • • ... .Vermont if « • ... Virginia • . ... • ..:•... • '•'•. • ...... Washington •k . . : . if ... West Virginia .. • • • -U ..'.'.. -i!^ -• ^ • • k' ... * • .. .. • • • ... trictof Columbia. .. Dis ..Alaska • ';„ • • • '.'. 'k- .'.' • .'^ i[ tk,-«-^.>. • * k ...... Puerto Rico n 34' 9 7 4.^ 26 28 6 3 7 1 8 30 3 26* S 41 16 0 •• 2 43 ... 84 THE BOOK OF THE 'STATES I RECORD OF PASSAGE OF UNIFORM AND MODEL ACTS-Continued As of December, 1957 1 .5 k. to ts. a 1 • V •3 • •,' • o •2 Li •I- 1 o in 1 -^1 ~ f^. %i o* •^ v_^ ••• a •Q. ^~' ^ o> w n- -.o • ^ '^ • a \j t.1 ~. v_- =0 5 •« ' •^. s a. 0 o • V 5) 5> o ,5J .5 a 5 "Is o a: v> If •i > "•ft; .^ a k. u p S ^ \1 "St o a a O II .5 ^E; £ Stale or other ? c • 1 II 2 ' C 1-* »*-i ft, . w • li. ^ . Oi .. jurisdiction ^ •-.. a: O (^ ^ 1-0, ^ •^^. Ll 03 to 5' , ; • •• • . ^ Arizona . . •sir. • Arkansas...... • • •ir , , California ..-. • • • • • • ••. • •fr • • • •• ' Colorado .. • • • Connecticut.... •• • * • • -A- • • . •• * -Delaware .. it Florida ... • .. Georgia '• • TST • .. . •• • .. • • •- , , , , ir . . • ,'. Ililnola • •ir • •. . , Indiana....- ...... ••• •ir • • • • •• ••; Iowa • •ic Kansas •. . . . *, . .. ' , , ,.• •it • •ii- * - •• • . • ' Maine .. • • • -ir Maryland .. • • • •i: Massachusetts.. .. • • it. if .. • • • -• • • :tt •A- • ••. '••. • • • • • •iz • • • • .. •..\ • '.".\ • .. ' , • • . •. - • • • '• • . •* Nevada . • • • , , , ^ ,, , , • •tr New Hampshire...... • •- • .'. •h •k New Jersey ... -A- • ,••.•. •• .• 1 •• • * • New York.... > • • * • . .• ., . • « ^ . . , , , , ., , _, • .. • • . •j^ • •. ' , . » . North Dakota... • • • • • • •s!r • • • .-•-. • • * \ • .'.. , , / •• ,, , , , , • ,, , , •ft- . . . . , , • .. /... • , , , . •ix • , . • Pennsylvania... jk .TV •*• ..,• • • • (.•• • \ •ft ' •ft- • ,, . ; South Dakota... ». . , . , , , , ' \ , . • , ; -ft- *.. - • • , , • v.* • ^.- • . i' - •ft Utah: , , •*- . , •k. Vermont .. • • , , ....- , , , , • •ft-. , , , , Vh-ftlnia...... }^ •• * • •• • •k ' • . • • ' - -k / West Virginia... 0 - , • , , *a . .. * , . , , , , • • • • * • • -it , . .'-• • ' , . , , Wyoming ...... • .. '• • • •• • • • • if- •• •• District of **• I'. .' • ' iV , .• ••', , Alaska • .. ', , ,, • •• • •ft , , , ,• , , • • , , Hawaii...... • .. , , , , • • ' • •ft-. '• • • • • •ft ..•.•. * ~ •• '-•••-• 13 12 14 0 oO •1 9 8. 1 32 0 0 1 50 2 S 6 0 0 a . >-l^ ,»"' LEGISLATURES AND LEGISLATION (V. H5 RECORD OF PASSAGE OF UNIFORM AND MODEL ACTSi)—Continue d . ^ As of December ,1957 • . to w> H IT-, o \> *o U'—' O, ,5 tp "3 ^ to is. "5 • *^ go ,v.i •2 :i fe -2 . ^ "Jo =^-^ "3 .... .5 •2., .2" O S ^-v *•• "^ ^ 3 .3 It 1- •go o F o O if -i 2; -^ -i; S ^ ft'-' .^^ gas 3 o *. ^ Slalf or tilhiT •' r C5 «o: 5 ' jurisdiction Alabama ' • • • •*• . .Arizona • .. • , . '. Arkansas • .California 1 Colorado .. • Q as ... Delaware •• Florida Georgia '.'. -k Illinois ..' • .. .Indiana ( •1 .. .. *• • '. Kentucky .;• • ...... ;.. .Maine . • " •A- :''• k .Maryland ..-•• '-kr \ •k -k Minnesota /.. Mississippi k Missouri Montana .H , , . ,• Nebraska k Nevada • • * * New Jersey -••• , . • .New York . > ... .. • .North Dakota - . • • • • • • •. ....Ohio ir •k • • .. .Oklahoma ... '• Oreim •• .•• • Pe»:nsylvaula . . .R^ode Island .. .South Carolina . • •. •k .. k k Texas • '.".-- •/ ••. • • ...... k • ...Utah ... • Vermont Virginia • Washington " y. • •. ... .West Virginia "',.•• \^'.i ...:.. .Wisconsin Wyoming District of . • < . . Columbia .Alaska • T * • • / Hawaii r •'. Puerto Rico 1 • 2 5 4 2 1 a 1 1 r 27 2 0. 0 ^. 0 0 • 4 5 ..V * \. f. ^ \ • V. 4: 86 THE BOOK OF THE STATES RECORD OF PASSAGE OF UNIFORM AND MODEL ACTS-Concluded —-•- •• .,, As of December, 1957 . ..o - 1^ ' ^ 3 to \1 . .8 ??, \ \> Oo 1 • •u 'J- . o o> • ""I k] S 1 a. tN.. . >/^ pir, 1^ .1 .2 to o •«;•;• o 5^ 1 •Q. s • • 2 -3 a ~ v..t2 >. o *** 2 ^ •*! o " "a *-^ 5 •o. * V. - ^^ %> 1 >^ Ilk. a I: ! • V. 1 &! to :: V 'a i 5 •a g 5 E ••2. ^'-' C \^ . C5 .2 .2 oo '^ ^^ CO CO K O .= o •a 1 a £-1 •c, S 3 0-— 5 \1 "3 , ^ c; 5^ M jurisdiction ^ U •~i . ,U) « -^ U ^ — K U to •^ 10 t. li. to t, QJ to Slate or other • - K o w a. o Alabama,.... •*• Arizona..'. • n • a . ^:<^ • .. . . . Iowa .. • Kansas.../... .. •;-;• - , , .. • , , Kentucky.'.... -k . . .. • 0- • ^ '.'V "•:'. Michigan...".. :;.<. • •• • •• • * "•• ;•• Mississippi.... , , .. • '. . • .. • • . .. • -• .. • /\' ,. ..." o Oliio...... • .. -^ .. • PennSylyania.. « m •• \^> • • • • • • • . i f "S, ' South Dakota. .. • • . .' Tennessee;... -k •k • .. • • .. N Vermont...;..(» .. • ', , , , • • Virginia...... -. •• . •• • •v ••/ ' * Washington... -k .1 • • • ';. .• ..••>-• ..", •. »"•' ,..- District oiP • ...-^ Alaska. • Puerto Rico.. Ji'' • • • • • • Total.:, 6 3 2 0 1 0 Ul 13 2 4 1 3 2 1 1 0 0 3 0 I 10 0 •«k' \' [ . :. : ' \ : • -.X • •.•••'". SUGGESTED STATE LEGISLATION > PROGRAMS FOR 1957 AND 1958 .'•..' '.. • •••-...•'•'.-. •^ *, TTTiHE Committee on Suggested State owners in relation to contractors,' and • Legislation of the Council of State bonding ofstate officers. The 1958 program -*• Governments (formerly called .the is of somewhat briefer proportions, since a Drafting Committee) has been in existence majority of the legislatures do not. meet in since 1940. It was created to develop the even-numbered years, emergency defense Icj^islation for Wggested • This article summarizes certain items of enactment by the states at that time. Dufc major interest, and the accompanying ing World War 11 the committee prepared tables present a general listing, by cate- suggested state legislation, to facilitate state- gories, of the bills a^d recommendatory federal cooperation in the war effort. Since statements carried in the committee's re- then there has been a transition to more_.ports for 1957 and 1958.^ /. normal continuing problems, and the com- : .•___, • y ^ . -^ mittee has developed draft proposals in a IJ!:)/tROGRAiiy great variety of fields. From the beginning The variety of subjejct matters cov(^ed it has worked closely with the National iii the report to the 1957 legislative sessions Conference of Commissioners on Uniform was perhaps the largest in the history of the State Laws. committee. The Committee en Suggested State Leg- }. For the first time the program contained .islation is composed of state legislators, the'texts of interstate compacts which are Attorneys General or their deputies, mem- open to joinder by all the states. Four such . bers.bf commissions on interstate coopera- compacts were carried; the Interstate tion, uniform law comrtiissioners, legislative Compact on Juveniles, which permits co- service personnel, and other state officials, operative returns of juvenile absconders, Ha.rrington Adams, Deputy Attorney Gen- escapees and runaways, cooperative super- eral of Pennsylvania (a member of the vision of probationers, and joint institu- committee since its inception) is chairman, tionalization. of juvenile offenders; the The staff of the Council of State Govern- Interstate Compact on Mental Health, mehts . acts • as. secretariat; advisory and authorizing mental health and hospital ad- technical services are provided by various ministrators to handle transfers of patients federal governmental agencies; joint plan- between states on the basis of clinical needs ning meetings are held withr^ppropriate" rather than solely (as in; the past) for rea- committees of the National Conference of sons of residence and settlement qualifica- Gommissioners on Uniform State Laws; tions; the Interpleader Compact, which and cooperative relationships are main- brings within the jurisdiction of state courts tained with many other groups and organi- the technical process of interpleader where zatibns. parties to the suit ate in different states, or The program of suggested state legisla- even where one party is in a foreign coun- tion prepared by the committee each year try; and the Detainers/Agreement, an ^ is widely distributed among the states, and interstate and federal-state compact w;here- individual items are selected in the states by it as possible for longstanding detainers for introduction and enactment where they and "hbld^' orders against prisoners to be are considered appropriate. The program disposed of expeditiously by trial of other prepared for the 1957 legislative sessions appropriate legal.action, included about sixty^five separate proposals In the broad field of health and weljf^re in such widely varying areas as juvenile ~: ""^— delinquency, mental health, atomic energy • '^°^, ^^^l^ ^^^ Suggested StaU Legislation, Pro- j -P- -l • • u 1 1 ..• . i^"'* gram for 1957 ana Suggested State Legislation, Pro- development, comic book regulation, inter-. Iramjor 7P5S, The Council oPState Governments, local cooperation, protection 'of home Chicago. . •• , .•••:: . \ •••• . /,. -• • 87. .--.,. ,,;••-.,,. . , :• • .':•:- •;••.;;. . ;,. , . .J 88 THE BOOK OF THE STATES ;• Hi there were several major proposals, includ- more ^serious offense. Attention was also ing a model act for the state regulationAof paid to the perplexing problern of what to employee welfare and pension mnds, to do with obscene and gruesome "comic avoid their manipulation to the detriment books" sold to childreni,; An outline act, of covered Workers; a series of revised aqts submitted for the benefit of states which dealing with the regulation of charitable wish to take statutory action rariher than and fund raising organizations, to prevent depend. on industry self-regulation, was unscrupulous operators from defrauding presented. the public; an act to provide for enrichment Various aspects of governmental ad- of-rice sold to ihe public; and an organic ministration were subjects of additional act^ covering, all rhajor aspects of a state suggested legislation carried in the 1957 vocational rehabilitation program." De- report. An executive reorganization act, scriptive statements'were includedj dealing patterned after existing provisions in Fenn- , with migratory farm labor and social se- sylvania'and the federal government, sets curity coverage for state and local workers, forth a method whereby the Governor may . Debt Spoolers (sometimes known as initiate various«,types of reorganization "budget planners" or "pro-raters") would plans'^which are then submitted to the leg- be put out of business under the terms of islature for final disposition. A broad one of the suggested acts if they sought to gauged interlocal cooperation act was sug- charge the public for such activities. The gested to take the place of a multiplicity of type of mail service recently maugurated "individual enabling acts that have been by the Post Office, known as "certified adopted for specific political subdivisions., mail" was described in the report, and sug- Under tliis proposal any two local govern-^ gestions were made as to how this trans- mental entities may join together and pfer- mittal device (less expensive than registered form cobpera^vely any function or provide mail) could be. utilized for legal verifita-. jointly any service which they have the tion purposes. Another suggested ,ajCt dealt power to do"alone. Suggested legislation or with the authority of airline pilots to re- descriptive and analytical statements were strain and place in the hands of the police included on such subjects as metropolitan -. any person who interferes with the opera- areas, local tax enforcement, bonding of tion of an aircraft. ., state officials, jurisdiction over federal Several proposals dealt with highway lands within the states, codes of ethics-and safety and motor vehicles. Subjects here • state planning services, included the prima facie\ise of radar speed . Conservation programs received atten- tests as evidence in traffic cases, methods ; tion in suggestions relating to bird p^otec- for eliminating speed traps, methods of tion, use of the plane coordinate system as taxing interstate trucks, safety inspection «an aid for geodetic surveying, state water standards and interstate agreements .wit|i resources programs, and flood plain regula- regard to charter buses which cross state tion. * lines, the use of point systems for suspend- , Among the miscellany of the 1957 pro- ing or revoking driver^, licenses, and reci- gram were such proposals as a boxing and procity in enforcing state motor vehicle wrestling code, designed to insure more financial responsibility laws. careful policing and the elimination of ' A "package" of several suggested pieces questionable practices; an act to promote of legislation was developed with respect to the coordination of state activities in atomic detainers and^imultiple offenses. In addi- energy development; an act to protect tion- to the Detainers ^Agreement, men- home owners from faulty workmanship tioned previously, there were proposals (1) and materials; a measure on regulation of to,-provide for mandatory disposition /of closing-out and fire sales; and statements •^•untried indictments, informations and on litter prevention, presidential preferen- cbmplaints within the state; (2) to assure tial primaries and regulation- of retail in- that there is authority to peirole prisoners stallment financing, to meet detainers; and (3*) toj^rovide au- A final section of the report contained thority for partial merger of s^tence when the texts of three newly promulgated acts of a prisoner has been convicted of a second, the National Conference of Commissioners .7% •••; if • LEGISLATURES AND LEGLSLATWN 89 on. Uniform State Laws: the Uniform Gifts vln accordance with -fStanding practice, to JVKnors Act, the Uniform Securities Act, the 1958 report contains the texts of all acts, .and amendments to the Uniform Arbitra which were adopted for general distribu tion Act. . tion by the National Conference "^of Com-, missioners on Uniform State Laws at its- 1958 pROGfRAM annual meeting, held in New York City in The committee's report for consideration July, 1957. These included the Uniform by legislatures meeting in 1958 repeated- Division of Income for Tax Purposes Act,, the textual presentation of interstate Icdm- the Uniform Chemical Tests for Intoxica pacts on juveniles, mental health, inter tion Act, the Uniform Rendition of Pris pleader, and disposition of detainers. It oners as.VVitnesses Act, the Uniform Statute carried a new suggested act dealing with' of Limitations qn Foreign Craims Act, the sewage disposal from boats which trayerse .Model Stat^Tax Court Act, and Model state waters. Information statements were Rules Governing Procedure- in Traffic presented with respect to state and inter-' Cases. . . ' state air pollutiori programs and health regulation of' food and beverage vexiding INDEX TO SUGGESTED STATE LEGISLATION machines. . Over the years the Committee qn Sug Highways and motor vehicles continued . gested State Legislation has developed to receive major attention. A leading pro hundreds of proposals of interest to some or tdt posal was a suggested act providing for • all the'^states. Since such proposajs are regulation of signs and billboards along usually cast, in dmft-bill form, they con-- highways which.are a part of the interstate stitute a wealth of resource material for system and along other limited access high- state officials whose, duty it is to prepare Ways. It is based on the polfoe powers of bills for intrqduct»on in the legislatures. the. state an(i proyides that biMboards c'an- Moreover," njany of t^e subjects covered in not b'e erected within 660 feet of either- old reports are of such continuing interest edge of a highway except upon issuance of as to commend themselves for considera permits. Statements are presented in the tion in states which did not find' need for reporti.on expressway law, acquisition of action \yhen the proposals were first carr lands for future highway use, and regula- ried. The Council of State Governments in etion of drive-in theaters from the point of 1956 accordingly prepared accumulative, view of traffic cpnvenience and r^afety. descriptive and cross-referenced index to Other matters dealt with in the report the more than twenty reports that had" include administration of state water re beien issued by the Committee on Sug^' source programs, arrest Without a warrant gested State Legislation.^ The index covers when a misdemeanor is committed outside all of the reports to and including ^SM^-, the presence of an officer, assurance of a gested State Legislation; Program "for 1957. speedy trial, cpurt record transcripts for' Future supplements to the index will be indigent prisoners, establishment and op issued at conveiiient intervals. eration of shooting preserves, lease-pur- • chase programs, urban renewal and com Hjfidex 4o Suggested State Legislation: Programs for 1941-1957, The Council of State Governments', e^ff; munity facilities. Decemb^, 1956, 45 pp. e^ > ' %k •^•v~- 90 THE BOOK OF THE ST A TES PROPOSALS OF THE COMMITTEE ON SUGGESTED STATE LEGISLATION . PROGRAM FOR 1957 (Titles are abbreviated) ARMED FORCES* *;~ 1; Leaves of Absenccjor Military Training Soldier-Sailor Voting * 2. Fish and Game Licenses for Servicemen Naval Records Information * 3. Renewal of Driver Licenses i ^j HEALTH AND WELFARE .1. Interstate Compact on Juveniles 7. Vocational Rehabilitation 2. Interstate Compact on Mental Health. 8. Summer Camps for Children * Welfare and Pension Fund R.egulation.. 9. Social Security Coverage*. ' <^- .4. Hypnotic and Somnifacient Drugs 10. Epilepsy and the Law * 5. ChariJableFundJRaising .11. Migratory Farm Labor * 6. Enrichment of Rice LEGAL AFFAIRS i. Interpleader Compact 3. Debt Pooling 2. Qualification of Receivers 4. Use of Certified Mail * ""HlGHVVAYS AND MOTOR VEHICLES 1. Radar Speed Tests as Evidence 5. Point Systems for Driver JLicensing* ' 7 2. Elimination of Speed Traps 6. Motor Vehicle Financial Responsibilities * 3! Taxation of Interstate Trucks* 7. Motor Vehicle Window Stickers* :4. Biis Inspection Standards * • CRIME CONTROL AND CORRECTIONS Detainers and MuMple Offenscaf 4. Dangerous Knives Comic Book Regulation' 5i Deportation of Aliens* Airline Pilot Author GOVERNMENTAL .ALDMINISTRATION 1. Executive Reorganization Act 6. Jurisdiction over Federal Land!s * 2. Metropolitan Areas 7. Department of Finance-and Administration** 3. Interlocal Cooperation 8. Codes of Ethics* 4. Local Vehicle Tax Enforcement 9. State Planning Services* ' . r- 5. •Bonding of State Officials 10. Commission on Intergovernmental Relations * CONSERVATION 1. Bird Protection Laws 3. State Water Resources Prbgram' 2. Plaqe Coordinate Systems 4. Flood Plain Regulation * MISCELLANEOUS 1. Boxing and Wrestling Code 7, Litter .Prevention Laws * 2. Coordination of Atomic Development •8, Presidential Preferential Primaries * /• 3. Protectionof Home Owners, • 9, Federal Lease-Purchase Prbgrarhs * 4. Closing-put and Fire Sales 10, Brucellosis Control * 5. Leaves for Overseas Teachers 11. Citizenship Intent * 6. Retail Installment Financing * •^-^ UNIF^?^ LAWsVf • : 1. Uniform Gifts to Minors Act 3: Uniform Securities Act * 2, Amendment to Uniform Arbitration Act *Ihdicatesstatement only, no suggested legislation carried. fAs promulgated by the Nation;;! Conference of Commissioners on Uniform-State La<^. fr<. r\ LEGISLATURES AND LEGISLATION. 91 PROPOSALS OF THE COMMITTEE ON , SUGGESTED STATE LEGISLATION , PROGRAM FOR 1958 / - - - •.. -.-•'• ' • *' {Titles are abbreviated) -\ ' ^EALTH AND WELFARE I; Sewage Disposal from Boats 3. Food Vending Macliiitcs •• 2. Air Pollution Control* fp-. >• HIGHWAYS AN» MOTOR VEHICL|:S •(5V 1. Regulatiorf of Billboards • 3. Acquisition of Land for Future Use "* 2. Express way. Law* ' 4. Regulation of Drive-in Theaters * % CRIME CONTROL AND CORRECTIONS 1. .\rrest VVithoii't a Warrant 3. Court Record Transcripts for Indigent Pris 2. Speedy Trial oners' CONSERVATION 1. Administration of Water Respurccs * 2. Shooting Preserves ^ INTERSTATE COMPACTS 1. Interstate Compact on Juveniles 3. Agreement on Detainers 2. Interstate Compact on Mental Health 4,. Interpleader Compact MISCELLANEOUS V . 1. Lease-Purchase Programs 2. Urban Renewal, Housing, Community Facil-. ities' , .^ UNIFORMLAWsf • ' '' - . , > • 1. Uniform Division of income forTax'Purposcs 4. Uniform Statute of Limitation on For^eign . Act Claims Act • / 2. Uniform Chemical Tests for Intoxication Act 5. Model State Tax Court Act"' • 3. Uniform Rendition of Prisoners as Witnesses. 6. Model Rules Governing Procedure in-Traflic .Act ;. • - (f. Cases . ' : — ,. *Indicate3 statement only, no suggested legislation carried. fAs promulgated by the National Conference of Commissioners oh Uniform State Law,s. V^ •^; •).' •^ '• 7 •*—_ «?W •/ • . .. IT- r. /^ 92 THE BOOK OS" THE STATES: (f^. COMMITTEE OF STATE OFFICIALS ON SUGGESTED STATE LEGISLATION OF THE COUNCIL OF STATE GOVERNMENTS ' ^ 1957:-58 : . HARRINGTON ADAMS, Chairman ^ • IJeputy Attorney General (Peimsylvania) . Representing the Council.of State Governments MILTON ALI^ERT (New York) EVERETT KRITCGER, JR. (Ohio) f "Assistant Attorney' G^Jveral Chairman, Public Utilities Corfimission FORREST H. ANDERSON (Montana) SAM M. LEVINE (Arkansas) * • Attorney General " Member of Senate NORMAN BARLOW (Wyo'ming)* OTTISE. LOCK'(Texas)* Meniber of Senate ^ Member of Senate ELISHA T. BAI^IRETT (New York) f LLOYJ W. LOWREY (California) *S Member of Senate Member of Assembly .'• ' . '••••. JAMES L. BOMAR, JR. (Tennessee)* MARIE F. MAEBERT (New Jersey) * ; Speaker, House of Representatives Member, General Assembly / JAMES M. BULLARD (Oklahoma) * ROBERT G. MAROTZ (Wisconsih) * -, , -; Member, House of Representatives Speaker of Assembly ' ALFRED H. CORBETT (Oregon) * EDWARD J. JVICCAFFREY (lUinois) Member of Senate Legislative Reference Bureau DONALD P. DUNKLEE (Colorado)* STANFORD MORSE, JR. (Mississippi) * Member of Senate .. _ Meniber of Seriate MARJORIE D. FARMER (Connecticut) * JOHN R. MURPHY (Minnesota) * - - Member, House of Representatives Assistant Attorney General CARL M. FRASURE (West Virginia) f C. EMERSON MuRRY (North Dakota) Ufniversity of West Virginia . Director, Legislative Research Committee HAROLD C.Giss (Arizona)'* HASKELL L. NICHOLS (Michigan)* -Member of Senate Member-of Senate FRED GuLicK (Kansas)* CLAYTON L. RiNGGENBERG-(I.owa)*. . Assistant Reyisor of Statutes Director, Legislative Research Bureau ORVAL HAFEN (Utah)* . > JACK W. RODGERS (Nebraska) President of Senate Director of Research,. Legislative Council E. B. HALTOM, JR. (Alabama)* JOHN E.. SHEFFIELD, JR:. (Georgia) f Member, House of Representatives .Member, House of Representatives CHARLES TOM HENDERSON (Florida) f SAMUEL H. SLOSBERG (Maine) ^ Assistant Attorney General Director, Legislative Research Committee. W. O.HUGHES (Indiana) t J. E.SPRINGMEYER (Nevada)* . Memberj House of Representatives .Legislzitive Counsel PAUL A. JOHNSTON (North Carolina) .FRED M. STANDLEY (New Mexico) Director, Dept. of Administration" Attorney Gieneral ; -. , \' SiAM KAUFMAN, JR. (Idaho) 4 HARRY LEE WAteRFiELD (Kentncky)t Member, Housp of Represen ta tives Lieutenant Governor r<~J INEZ WATSON (South Carolina)* Clerk of the House Representing the Xation'al Conference of (Commissioners on Uniform Slate Laws JOHN B. BOATWRIGHT, JR. (Virginia) L. SMITH DIJNNACK (Maine) ALFRED A, BUERGER (New York) ROGER HOWELL (Maryland) SIDNEY CLIFFORD (Rhode Island)* - . BROCKENBROUGH LAMB, JR. (Virginia) LowRY N. Cop (District of Columbia) '^^EDWARD L. SCHWARTZ (Massachusetts) * V/ILLOUGHBY A. COLBY (New Hampshire) * R.JASPER SMITH (Missouri) HENRY P. THOM.\S (Virginia) *Member or Secretary, Comnjission on Interstate Cooperation X ^ fCKairman, Corrimission on Interstate Cooperation. •«. . (GS*