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\ 'fi;-.- Secti6ruII ;>-•.; •» / u- LEGISLATURES AND
* !• 1. Legislative Organization and bervices
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.''••"' • • ''•' .'• • • •' ' ' •• • . ^ STRUCTURE AND PR(!)(iEbURES BY HERBERt'L. WiLTSEE* .
URING the 1960-61 biennium,intey- I tures; they provide for popular election at est in steps to improve our Vtate I frequent intervals of those wh6.comprise D legislatures reached new heights, i the legislatives bodies; arid except ifi Ne-' Those who compose the law-making ^braska they have established two-house bodies developed'/and adopted new'pro- 'legislatures. Beyond these common ele- cedufal arrangements and service tacil- ments, a wide yariet'y of constitutional pities; at the same time, those outsidq of • and statutory provMpris, rules and,prece- the legislatures in many states became in- dents govern jthe workings of the. legis- creasingly vocal in their demands for fur- latures. . ' ( ther change, especially as regards appor tionment ; / , SIZE AND TERMS J The Committee on "Legislative Proc- In'.size.Amefic^n state legislatiir,es , esses 2itm Procedures of the NationalJLeg- range)from a total of forty-ihi'ee rnembers islatiye Conference observed in its^nal in the Nebraska unicameral tojl24 in New report in April, 1961: "In recent years the" Hampshire, The smallest bicameral legis-. people liave come to reialize, in increasing lature is that of Delaware, with fifty-two degree, tiiat the capacity of state govern- members. Senates vary from seveateen ments to meet die demands placed upon members each in Delaware and Nevada * them . . . requires die unshackling "of^ to sixty-seven in Minnesota. The range in the legislatures." The committee com- lower ltoi®es*^s greater—frdm thirty-five mended ". . . the tremendous efEorts members in Delaware-, forty in Alaska, made and substantial progress recorded and forty-seven in Nevada up to 240 in by our state legislatures in the past gener- Massa^usetts, 246 in {Vermont, 294 in ' ation, particularly since World War II, in Connecticut, and 400 in New Hampshire, equipping themselves/or better perform- The ratio of Senate to House members ance of their tasks''; but. witl^espect to averages about one to three or four, but the representativeness of numerous legis- this, too, varies widely^ in Idaho t^ere are latures, the committee was "forced to die forty-four Senators to fifty-nine Represen- conclusioi], that the continued flouting of /jtatives, in New Hampshire twenty-four constitutional apportioiiment requife- Senators to 400 Representatives, ments will gieatly prejudice the confi- ^With one. excepyon, in Connecticut, den(;e of the people in thie processes of only minor changes in the sizes of legisla- state government." tures have been made d^dngj.|i£. 196(^1 Our state constitutions vest the su- biennium. Lower l^ouses were increiKed -prerae law-making power in the legisla-' in Connecticut from 249 to 294 member's, *v,„ ,.T,u,„„ • n:,.„^,^^'t ,ur, <:^.,ft,»v« nm^^ in Louisiana-from 101 to 105, in Minne- ^Mr. Wiltsee IS Director of the Southern Olnce' :. ,„, ^n- v-i i • r\TL- - of*Thc Council of State Governments and Secrc- SOta from |dl to 135; while the Ohio tary^of the National Lcgiijative Conference. Senate was increased to . 38 members to • " - • •• • 33 ,. •••:••••-•.. • •• 34 THE-BiOOK OF TUE STATES provide certain districts with additional agency designated by the constitution to representation for a liiennium. Florida reapportiorji In thirty-thre'e states, theleg- voters.in November, 1962, will consider a , islatures possess this pow.ef exclusively, reapportionment amendment which although^ the tfend is away' from this would add a total of sixteen members, to practice. . -. ^ • • .' the House and Senate. Seven«states, with the additic^n of North .In all states, legislative terms ameither -Dakota in the past biennium, provide al- two-°)'ears or four. Senators in thirty-five' ternative reapportionment procedures, if^ states serve for four years;^ih fifteen (in- the legislature fails to act": California, Illi- cluding. the Nebraska unicameral)- they nois„ Michigan.^orth Dako'ta, Oregah, serve for two. Shorter terms are the rule Soutn Dakota and Texas. Jn addition, for members of lower houses. In forty-five , Washington provides for reapportion- states House membefs serve two-year | ment by initiative as well as^by legislative terms; only in Alabama, Louisiana, Mary action. ' . I ; ^ lapd'sand^ Mississippi do they have four- Another group of s.even states—New^ year iterrns. Changes in these basic ar Jersey having been add^d in J961-^piaGes rangements are infrequent. the reapportioning power in i'noh-legisla- Cali&)rnia voters in 1960 rejected a tive* hands. Alaska rejies on an Appor- * > four-year term for As/emblymen; the fol tionment Board; Arizona,'which has no lowing year the Nevada legislature ini-.' constitutional'provision for Senate reap tially approved an amendment, which re- portioriment, obtains House redistrictine quires approval by the 1963 session before through County Boards of Supervisor^ the popular vot6, to increase terms in the Arkansas redistricts its House (the Senate' lower house to four years and iA th'e Sen districts are frozen) through a Boarer,of ate from four to six years, both on a stag Apportionment; Hawaii is redistrict^^ by ~ gered basis. A staggered basis was ap ,the Governor; Missouri's iHtouse *is/reap- proved by voteys in 1960 for New Mexico portioned by the Secretary of St^te an^ Senators, who already served four-year local governing bodies, the Senate by a tenns. Study committees of the Georgia commission appointed l^X. die GovernorT' and Tennessee legislatures considered and Ohid redistrictsJjy actiion of the Gov- steps to eliminate "rotational agr^- pernorj Auditor and SecreiaiT/^f State. In ments," the arrangeiment by which V^ New Jersey, a permjanent! apportionment multi-county district permits one county procedure for the lower hpuse v/as enacted to "elect" a legislator for one term while in late January, 1961, to/meet the state the other county "elects" a legislator for Supreme Court's deadline for action in the next term. " ! Ashiiry Park Press, Inctv Wgolley (161 Atl; 2d 705, de,cided June 6, ^960). This KEAPPORTIONME.NT adjf sets up mathematical formulas for di- No aspect of the legislative process in vftling the sixty seals among'the twcfnty- the past biennium has been more the sub one counties following each federal c^cen- ject of attention by press, public and legis nial census, and charges the GtDfcrnor and lators than has apportionment. The prqb- Secretary of Stat^ with making and im- lem is two-fold—first, one of obtaining rni plementing findings and certifications at equitalDlei and acceptable pattern of repre- ten-year intervals. North Carolina will be sentation for each of the houses; second, added to tlws/^oup if the voters in No of assuring periodic reapportionment in vember, 1902, approve a constitutional accordance with the agreed pattern. amendment submitted to thera|'which As indicated in the table "Apportion gives thCySpeaker of the House exclusive ment of Legislatures," provisions relating responsibility for reapport^^ng that to this subject appear m the constitution body fjallowing each decennial census. of every state. 1^ forty-eight states—all ex The reapportioning will apply only to cept Delaware and Maryland—the consti twenty of the 120 House seats, since the tutions also contain provisions relating to remainder are allotted to tlie 100 ^Nqrth periodip reapportionment. In the great •Carolina counties. \ majority of states, the legislature is the /Eighteen states during the 1960-^1
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'*"-•.- ^ ' \ •'•.'•''" '•'••'•,- ' • • • ' biennium obtained some form of reap-' most 220,000 signatures (62 p,er cent more portionment; an additional eighteen pro- ^ than required) designed to* amend the vided reapportionments during the 1950- constitution by vesting reapportionment 59 deca(^e. The federal census of 1960 was responsibility for both houses in a three- ' an important factor in achieving the wide- man commission"; and the Court sched-, spread action of the last two ^ears, as uled headings on a new suit to force the" were the'counting public pressures and holding of elections in 1962, as well as - the evidences of increasing judicial inter- ordering the Elections Board to show est in the processes of legislative reappbr- cause why it should not hold elections s tionment. , ' under the disputed 1961 act. Analysis of the table cited above indi- Historically, the state and federal courts \cates that all fifteen states iiow employing, have refused to go beyond state legislative m whole or in part, nonlegislative means action or inaction, on the grounds that in /.onnection with reapportionment ac-' reapportionment is a purely political mat-^ tually have reapportioned sjince "1950. ^^ter, and that to intervene would violate Among the other thirty-three states (ex- the separation of powers. Federal courts eluding Delaware and Maryland, which ^ave also been reluctant to abridge, state \ have no constitutional reapportionment sovereignty. Ho\\^ever, the United States provisions), twenty-one have had their Supreme Court recently ihdicatecj by a most recent reapportionments since 1950, unanimous opinion in. Gomillion v. and three more in the 1940's. In the re Lightfoot (364 U.S. 339)-, which'involved maining nine, the most recent apportion- an'Alabama act redrawing the boundaries rnents date from earlier periods, three of of the Tuskegee voting district, that it them from the f^rst decade of this century, .would nothesitat^ to set aside a'redis- At no time in the past have the courts . tricting which the Couft believed to be a tad on their dockets so many cases involv- - denial to minorities of their voting rights, ing legislative apportionment as now. In Broader federal-state and judicial-legisla-^ the very recent past, cases have been tive issues are involved in jBa/ter v. Carr/ r. brought in state or federal courts in many concerning Tennessee's current appor- statiss—among them Alabama, Arkansas, tionment which dates from 1901. This Florida, Idaho, Indiana, Kansas, Mary- case was reargued before the Supreme^ land, Michigan, Minnesota, Mississippi, Cour-t^oh October 9, 1961, but as of De- New Jersey, Oklahoma, Oregon, Tennes-- cembd-,196r, the Court had not handed sep and Vermont—seeking to force consti down its opinion, which ijiay be of lajjd- tutionally-rnandated reagpbrtionments, .mark proportions. > or to revise those which have been devel- ^ .§tate courts, meantirne, are manifesting oped, or to set aside Constitutional pro less reluctance than before to concern visions which inhibit the desired redis- themselyes with legislative failure to re trictirig. The results of some of these legal apportion^ as evidenced by the Asbury actions often can be tangled in the ex-. Paj/i Pr<755 case in New Jersey, cited above. < "treme. • ' In Oklahoma, as 1961 ended, for ex- ' 'SESSIONS. .ample,^e voters in September had re- . As the table-pri" "Legislative Sessions" jected'aij amendment to permit larger indicates, legislatures of eighteen states. House representation for urban cojunties; Puerto Rico, Guam and the Aiirgin Is- the state Sugrem,^ Court had held in De- lands, meet annually; the rehiainingi cember that the 1961 House apportion- thirty-two states'hold biennial regular ses- ment act did not comply with the consti- sions, all except l;hree (Kentucky^ Missis- tution, buf refused to enjoin the 1962 sippi and Virginia) in the odd-numbered legislative elections pursuant to it; the years. ." State Elections Board h^d then decided The long-term trend has been toward not to hoM the 1962 legislative elections annual sessions, since only four states held unless specirfcally directed sby the Su-, yearly sessions at tlie beginjiing of World preme Court; an iaitiative petition was .War II. The 1960-61 biennium, however, filed with the Secretary of State with al- was the first in almost tw'enty years to see ' V.'
36 THE BOOK OF THE STATES the trend pause—in fact,Jo reverse,'with the regular sessioft had been unlimited as Nevada's return to biennial,sessidns after to length, travel allowances now cease only one year's experience with- annual after ninet)^ legislative days or by July 1; sessions. New Mexico vot*ers in Septem-' In SoSSth Carolina, the per diem ceases ber, 1961, defeated an annual session proj^ after fority d^ays of special session; and in posal. In Louisiaha ahd a few other ari- Washington, special sessions, previously nu^ session states there has been some, unlimited, are not to eixceed mventy-two minority sentirnent for reverting to-a bien days. Regular sessions in Texas, formerly nial basis' the'argument being made that were only indirectly limited (^rough pay the latter is more conducive to conserva stoppage) to 120 days; but with the intro-' tive appropriating. On the other, hand, ductjon of annual salaries, they now jire the South Dakota legislature has proposed directly set at 140 days. Missouri's regular an ..annual session amendipent which" sessions, unlimited until the mid-fifties voters will consider in 1§^2, and in several when a May 31 adjournment was estab other states annvml sessions continue to^ lished, now may^ontinue until July; 15. «o command attention. , Californj,a voters will consider in 1962 an As a matter of trend, the forty-eight amendment to permit a ten-day recess in states (excluding Alaska and Hawaii), the odd-numbered^ year session—a pro-j- held ninety-eight regular and special ses posal somewhat reminiscent of that state's sions'in 1956-57, ninety-six in the follow "bifurcated session" which was dropped ing two-year period, and 105 in 1960-61. in the latter 195p's. , ' Difficult problems of taxes and finance As the biennium closes,, fifteert states and, in some .southern states, of public have'regular sessions unlimited as to education, account in part for the larger- length; twenty-one .directly limit them to number of sessions in the most recent specified numbers of days; eleven indi- • biennium. rectly limit them by, stopping pay or al Diiring this six-year span, ^ few legisla lowances after a specified number of days; tures have been meeting in almost cqn- and three (Cpijnecticut, Illinois and Mis tinuous session, albfeit With numerous re souri) provide other types of limits. cesses. Legislatures in Delaware and Ne\y Special ses.sions are less* restricted. In Jersey throughout these years, in Pennsyl twenty-five states th'ere are no limits; filr- •»• , vania /and Wisconsin in 1959-61, and in teen are directly limited as to days; and Rhode Island in 1960-61, have beqji thus ten are indirectly limited by pay or allow protfacting the life of their regular ses- ance stoppage; Mpns. In some of these oases, there have Partly in recognition of increased ^een politicaLparty differences between amounts of time which legislators need to the Goverrior and tne legislative majority: spend in the capifol, and partly in delayed Time-consuming subjects, siich as- reap-' recognition of. needs which have long portionment measures, resulted in refcord existed, more states are endeavoring to length sessions during the past bien'nium provide their individual legislators witlv ii^^Oklahoma and some other states. private c^'ces at the seat of government." On the other hari^, some? legislatures California made such provisions several . and jheir leadership \were able to reduce years ago; Florida and Texas took simjlar th6"leh|ths^of their sessions, partly as the/ steps during the 1960-61 biennium. result of procedural reforms and innova tions. Massachusetts' four-and-a-half- COMPENSATION nionth annual session in 1961 was only • The final report of the National Legis half as long as any of the five preceding lative Conference Committee mentioned ones; and New York's a:hnual sessions in above capsuled the thinking'dfmost re 1960-61 ran a month less than those in cent observers by stating: 'Trom the view / 1958-59. '. \ . V-. point of good public service, and in light Move§ to plac,e some reasonable limits of the increasing amounts of time that on legislative sessions were more numer legislators must devote to their duties ^ ous in 1960-6'1 than at most times since •both during and between sessions, their World War II. In New Hampshire, where compensation in most states.is now muth
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LEGISLATURES AND LEGISLATION 37 too low. Likewise the*pay of legislative Nineteen states employ a daily (or a leaders, faced With eveh greater..demands weekly) piay plan (payable during ses on their time in most jurisdictions, is not sion's), three of them—Arkansas, Colorado ably out of Ijne. Flat salaries rather Chan a and Oklahoma—using both daily pay and per diem allowance should be paid^ Salary biennial salary. Amounts paid under and reimburseme^;it of necessary expenses daily pay plans vary greatly—from $'5.00 should be provided in amounts sufficient in Kansas, North Dakota "and Rliode to. permit and encourage competent per IslSind up to S50 in Louisiana. For eight sons to undertake growingly important een, states (excepting Vermont which pays and time-consuming legislative duties. Ac ^veekly)'the median daily pay is $15. • tual amounts of salary and expense should .As th^ accompanying table on "Salaries be pro.vided by statute rather t^ai) spec and Corapensation of Legislators" indi ified in the constitution." cates, all .but-five of the daily pay states . Compensation .changes during the and .all but eleven of the salary states also 1960-61 bienniura affect legislators in half pay living expense, allowances, which of the states. J^ Alaska, both salaries and soipietimes Amount to more than the low . daily expense a^llowances were reduced by "base pay" levels which prevail in various statute; in Massachusetts, Michigan, I^ew states including Alabama, Georgfa, Idaho, York, South Carolina, Missouri and Ne Kansas, North Dakota and.Oregon. The braska, salaries were increased—in the. table also indicates that travel-allowances i latter two by voter approval of amend aire paid in all states except Hawaii and ments. An amendment approved in Texas New Jersey. In.recognition of gieater de shifted the basis of-compensation; from«. mands on their time, a majority'of states daily pay to salaTy and appreciably in also pay additional compensation for%g- creased the gross am6unt paid. . islative leaders, usually confined to pre lii numerous states, mileage allowances siding dfficers but sometimes payable to were liberalized in recognition of the ease floor leaders or to pro tern presiders. with which, present-day legislators can ^ Retirement benefits for legislators also travel between home and capital. -In a ^re becoming more widiespread. Kentucky, final group of states, additional living ex ^in 1960 extended participation in; the r pense allowances either were increased or State Employees' Retirement System to provided for the first time. Mississippi legislators and legislative employees; Ar arid Oregon, during this two-year period;^ kansas a year fater passed several acts of followed Loui5iana',s acUon in the 50's, similar nature; Texas provided social se- by authqrizin^ small monthly expense al curity^overage for legislators; and Penn- lowances between sessions. . sylvaniafgranted 50 per cenj; increases in Voters defeated compensation increases retirement benefits and set the maximuni ?n California, Kansas, Oklahoma and Ore- benefit at $6T000 a year. % .^oti," as well as^a New Mexico proposal to Of interest to state legislators generally perniit the legislature; to set pay for legis was a revised ruling carried in the U.S. lators. Kansas and Oklahoma voters again Internal Revenue Bulletin, K^vil 10,1961 will have opportunities in 1^62 to con (No. .1961;15, pi 11), which h^s the effect sider other measures—to remove the pay of aliowingr under many circumstances, provision from the Kansas constitution, the deduction for federal income tax pur and 1^ increase salaries but reduce daily poses of traveling and transportation ex % pay fon Oklahoma law-makers. penses incurred by state legislators. •i By the end of 1^1, thirty-four stiijtes wereusing the salary plan; in 1943 less • COMMITTEES dian half used it. The range of salaries,' Most recent studies of legislative or per Biennium, is from $200 in New Hamp ganization have urged modernization of shire to $15,000 in New York (due to rise committee systems—a key subjed? since in January, 1963 to $20,000); Thi median m.ufrh of the legislature's jvvork is done by figure for the tliirty-four states is $3,900- stalnding comriiittees. .Three aspects usu 4,000. Ten of those which p^y the median ally have commanded attention: reduc salary or better have annual sessions.. tion in the over-all number of committees.
\ \. • • ',;•••"• V. 3£f , ' THE BQpK^OF THE STATES * : 'reduction in the riumbet- of committees to tlius to reduce conflicts. To assure a mini- / which the individual legislator is as.- mum of committee schedule conflicts for signed, and increased usCof joint House- legislators, more states ate following the Senate comniittees.. lead of North Dakota in classifying com- W With respect to the first of these, there mittees, Assigning individual: legislatoifs have been notable accomplishinents in re-. ^ to committees in each class, and schedul- cent years. Reductions between 1946 and^; ing committee meetings in such a man- 1961 have*loweredsthemedian number of' '^ner that all committees in the same class House stariding committees from.thirty- meet simultaneously.-Still other legisla- nine to twenty-three and Senate commit- 'tive bodies ^re trying to achieve similar tees from thirty-one to twenty: The inset V endshy announcing regular schedules for table below illustrates these,decreases. committee meetings.at the beginning-of Number df stptes.in each range ^hesCSSion. • . . V ., Number of r-— r-tzrVV*' T- » There has been little maioR change as standing House ScnaTt (a) "^ Joint , c • • ^ ^ ./i . ° . comntittees 1946-1961 \ 1946-mi i946(.b) 1961(c) regards use ot joint comrnittces in recent ,10 or under,. 0^5 0 6 /23 23 . years. Small increases in the number of 11-20 ...... 2 14- 8 , 20 .0 , 0 such committees during 1960-61 ih four 21-30 ...... 9 14 15 16 Oj 2 . sfates weire about offset by rddiictions in 41^0 '"" '' 12 /7 ^9 1 r' 0 '^^° Others, Indiana and Rhode Island. 51-60 ...... 7 J 2 0-0 0 T^here has, howeyeY, been more eflEort in 61-70 2 i; 1 0 0 0 some states recently to accomplish some •— . ... . ,- . . - ..r. .. .of the benefits of this procedure through - (a(b)) NebraskExcludeas I.2S2 include statesd onlreportiny tindeg r noSenate joint . standing .' ..Kthe„ increase• „„„d i use„ ofc joiu•• '^ tJ publii i-c hearingst •* , ^^Tcf Excludes ,24 states-reporting ;o joint standing especially cn tax and^fiscal measurcs a;nd committees. ^ „ Oil m,ajor substautive legislation in which The biennium just pa'ssedsawacontin, there is^ wide pHblicmt|rest. nation of the movement to consolid^ing ^ noteworthy development of recent such committees, following an apparent years has been the trend amongjegislativew. reversal'in 1958-59. In 1960 and 1961 bodies toward formalizing and drafting, major decreases, of five or more commit- ^"les expressly designed to govern the tees, were recorded in bioth houses iA Indi'- procedures of their standing committees-. ana, Montana arid South Dakota, the apother recognition of'the^importance of lower house in Minnesota and the upper^ comniittees and of the need for them to houses in Oklahoma a'nd Washington. - operate responsibly. JQ assist legislatures Only in Kentucky (both houses) were »" this mattet the -National Legislative there,major increases during the bien- Conference Committee on Legislative nium. While the Arkansas House in 1961 I^u^es, late ,in. 1961, began work on a did not reduce its present nationwide rec- model 'Manual of Procedure for :Legisla- prd total of sixty-nine commit.tees, it tive Committees^ ) adoptedaresolution to reduce that fkure ," i vo ' to aWt a third in the 1963 session ?nd,. ' MECHANICAL DEVICES -~ further, to provide that committee chair- , The use of mechanical and other tech- men and membersl^ip. assignments* shall nological devices to expedite and improve hereafter be on a seniority basi^. In Ken- the w^rk of legislatures has continued to tuckVj responsibility for appointing com- increase. The electric joll-call machine TOittees as well as'for referring bills was has been a means of conserving much vaj- ^•ii tak,en\away from the presiders and given uable.session time. Since I9|<|> when the ^to the Committee on Committees in each first siich" machine was instaUed in^the '^house. In Indiana's Senate'comnaittee zp- Wisconsin Ass&mbly, a total of ^lirty-six pointments now will bemads by the Presi- machines has been placed in operation dent Pro,Tem rather than by the Presi- in thirty S$ates. New installations have dent. r* - been made of late in, Arizona and Penn- A reduction in the total number of sylvania, and other states have bieeri coil- committees tends to reduce the number sidering similar action. The Arizona ma- on which the average legislator series, and chine was installed, along with modern
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GISLATURES AND LEGISLATION 39 facilities for radio'^^d television broad ; During the 1960^-61 biennium; severafl casting, when separ^ buildings for the slates advanced the^date for bill introduc House and Seriate; adjacent to the capitol, tions—California, New Mexico, iPennsyl- were consti;ucted during the..past bien- vania and Wyoming''among them. In • niyim. • - " * L addition,' Oklal^oma, which previously Application of retatei techniques isas-i imposed"^no time limit, riow requires bills sisting the legislative process in increasing to be introduced by the fiftieth day of the numbers of state?, through speedy and in session. Tenness'ee took a step.in the op- expensive reproduction of bills and re- pi5site directiori by eliminating jts pre f)orts, in preparation arid duplication of vious ban against introductions during egislative digests and indexes, in dicta- the last three days of the session. . tion of. correspondence by legislators^in Presession bill drafting servicjes for leg-; assuring improyed cQverage of btisin^ss islators have betome all but universal. At through microphpnes and loud-speaker " preseht such se;:vice^xists in all states ex-' systems "and thus permitting stricter con cept Idaho, Iowa, Montana, Utah and trols over, movement of'people on the; Wyoming. Presession bill filinjg, practiced " legislative floor, and in other vvays. less widely, is coming i«to greater vogue, Mechanical devices *are enaplirig more' as it permits-committees to comirieniGe states to maintain better recoird^ of pro wor^c:earlier in the session. Thirteen states ceedings oil the floor as well as iri cpriimii:- now permit or require such pre-filing. tee. Such verbatim records of legislative Maine and Oklahoma wfere added to this proceedings are npw made—as "the tablie group during the.pastjrbienniiim; but on "Official Recdrcls'^indicates—in either Georgia dropped^the practice. " complete or partialjorm for the entire Of great assistance to legislators and the legislature in twelve, states and in one public are the periodic indexes and di-? house in five others. Comparable l?ecords gests, of pending *and enacted legislation are being made of committee proceedings which most legislatures make available.. ^ for the legislatures in 'twenty-five states "Siich index-digests are provided by public arid in one house in an additional state. . agencies, usually under legislative fon- trol, in about half of the states, A some PROCESSING OF LEGISLATION V what spa'aller group of states provide com Many legislatures are devoting greater" parable guides without digests.'In the few > attentiori to^ prodsdures arid facilities af remaining states I'ess satisfactory, sources fecting bill prep^ation, intpduction and must be used. processing, in^am effort to riiake maximum Bill iatrid law printiiig practices have' use of'^ession tiipe available in'thfe face been extensively revised-during the past of mounting volumes of business.' The scoire of years, as indicated in one of the service facilities discussed in the fdllowirig accompanying tables. Copies^of new laws chapter in this yolume assist in many ways now are available shortly after enactment ' toward that end. But internal-procedures or after the session in all except half a ' of the legislatures also have b^eri extent dozen states, arid several of these provide siyely revised with the sariie end in view. extensive summaries of new legislation. •
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\ V ^^m^ 40 THE BOOK OF THE STATES OFFICIAL NAMES ^F STATES, LEGISLATIVE BODIES AND GAPITOL BUILDINGS* / 4= Capitol Stale or other jurisdiction Both bodies •} Senate Bouse, buildint ' ' Alabama, S^tate of...... Legislature , Senate House of Representatives State Capitol . AUuka, State of .,.:...... Legislature Senate House of Representatives State Capitol • Arizona, State of...., Legislature ^ Senate , House bf Representatives State Capitol Arkansas, State of peneral Assembly Senate House of Representatives State Capitol . • California, ^tate of ; Legislature Senate . Assembly State Capitol' «...... • • * • "• . • 1 * '* ' ' Colorado, Stateof.;...... General Assembly Senate House of Representatives State Capitof .Connecticut, State of...... ,
.. • » •.»•.-, ^ , New Mexico, State of.... •....^'Legislature > . Senate House of Representatives Sute Capitol New York, State of Legislattfre;. Senate Assembly Sute Capitol North Carolina, State of General Assembly Senate House'of Representatives , Sute Capitol / North Dakota, State of Legislative* ^isembly Senate House of Representatives '. Sute Capitol ' Ohio, State of...... ;...... General Assembly '. Senate House of Representatives State Hou3e(b) Oklahoma, State of.... Legislature Senate * House of Representatives Sute Capitol Or.egon. State of ....:.... Legislative Assembly. Senate> House of Representatives Sute Capitol Pennsyiranla, Common- . wealth of... General Assembly Senate" House of Representatives SUte CapitoL Rhode Island and Providence ^ Plantations, State of General Assembly Senate ' House of RepresenUtives . Sute House "South Carolina, State of...... General Assembly Senate House of Representatives • State House South Dakota, State of..' Legislature - Senate* House of Representatives State Capitol . Tennessee, State of General Assembly-* Senate House of' Representatives State Capitol Texas, State of...... Legislature Senate House-of- Representatives State CapitoKb) Utah, State of •.'... Legislature Senate House of Representatives State Capitol Vermont, State of General Assembly Senate House of RepresenUtives State House i •. r Virginia, Commonwealth of..... General Assembly ., Senate Hoiise of Delegates State? Capitol Washington, State of.;..;...... Legislature' Senate House of RepresenUtives . Legislative BuOding West Virginia, State of...... Legislature Senate • House of Delegates State Capitol .f Wlstionsln, State of Legislature Senate Assembly State Capitol Wyoming, State of...... ;;Legislature ' Senate House of RepresenUtives Sute Capitol Guam.. Legislature Unicameral Congress
* • ' » Building Puerto'Rlco, Commonwealth of. • Legislative Assembly Senate . House of Representatives Capitol Vlrt^ Islands, Territory of:..... Legislature^ Unicameral Capitol . " . 'The tables in this aeries, pages 40-62, were prepared by Muriel Hoppes, Legislative Reference Librarian of the Council of State Governments. , . (a) No official name. Both "State Houser* and "State Capitol" used. "^ (b) UnoffldaJ. - • -J. , • •• •
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.• /' <^ LEGISLATURES AND LEGISLATION 41 'J THE LEGISLATORS - ^ Numbers, Terms and-Party Affiliations As of November 1, 1961
^ t Senate House. Consti-, ^ ^ A, -c-,. Hutiorial .,.-••/ • ' • < Va- X^omli- : , Va- Consti lolal State or. Demo- Repyo- can- tutional Demo- Repub- . can- tutional of legis -H. other jurisdiction • crats licans Other cies total Term crats licans Other cies ' total Term lators -Alabama... '35 .. .:'... 35 4- 106 . 106 4 ' 141 Alaska , .. 13 7 ... 20 4' 22 18 40- 2 60 Arizona.. 24 4 28 2 52 28 80 2 108 Arkansas.. ^35 .. .. '.i.. 35 -.4 99 1 100 2 . 135
California .! ^28 11 .. • 1 40^ • 4 * .46 « 33 U 80 2 120 ^Ck>lorado ...;...... 10 , 16 .. . .. 35 4. 33 • 32 65 2 100 Gonnecticut. 24 12 .. 36 2 115 179 2 294(a) 2 330 (aX Delaware^.... j 11 -6 •.. 17 4 . 19 16 35 2 52 Florida.,... 37 T 38 4 . '88 • 7 . • S5(h) 2 133 (b) Georgia 53 . 1 .. • .. 54 2 203 2 2l)S 2 259 Hawaii... 11 14' .. 25 4, 33 18 , • 51 2 76 Idaho...... 21 '23 44 2 28 31 .59 2 103 . Illinois 27 31 .! • .. 58 4 . 88 89 177 235 Indiana.. 23' 24 .. 3 50 4 31 • 64 100 150 / Iowa. 15 ^, 35 SO 4 30 78- 108 158 Kansas 8 .32 40 4 43 . 82 125 • 165 Kentucky; ..;..• 30 8 '' ..- 38 4 .80 20 100 138 Louisiana ' ""-39' •.. 39 4 • 105 105 144 Maine 3 30 33 2 40 iii' 151 184 Maryland.. 26 > 3 . .... 29 4 116 7 123 152 Massachusetts..; 25. > 15 40 2 - 154 84 240 . 2 280 Michigan.....'...... : 12' '22 34 -2 54-56 ., no(c> 2 144 (c) Minnesota Nonpartisan election.. 67 4 . Nonpartisan election •135(d) 2 202 (d) Mississippi...... 49 • 49 -4 140 .... 140 4 189 Missouri .' 28 6 34. 4 100 57 .. . 157 2 191 Montanii.-.. 38 17 Ue) ... 56 4 .40 54* - ... • .. ISO (a) 'Nebraska Nonpartisan election.. Unicameral legislature, 2 year term. 94(a) 2 43 . Nevada...,. 7' 10 .. 17(f>-4 -32 15 ,. •64(0 • *47(f)'"r .New Hampshire...... 6 18 24 2 • 137 258 1(e) 424(g),. "New Jersey...... „ 10 11 21 4 32 25 400(g) 2 81 »• New Mexico;...;.. 28 4 •«2 4 59. 7 60 2 98 New York...... 25 - 33 58- 2 66 '83 66 . 2 308. 150- 2 North Carolina ...r... 48 2 SO 2 105 15 ;. 120 2 .170 North Dakota 21 28 49 4 41 72 lis 2 164 (h) Ohio...... 18 20 3«(i) 4(i) 55 " 81 ,, 3 1.39 2 179 (i) Oklahoma...... r!^. 40 4 44 4 107 14 -.;. 121(a) 2 16^ (a) •• •.• Oregon 20 10 30 4 31 29 60 2. , 90
Pennsylvania 25 25 SO 4 109 101 \: • .-. ' '210 2. 260' Rhode Inland. . 28 15 44 2 ' 78 21 , 1 100 2 144 )
South Carolina 46 .. 46 ' 4 123 i • • •-• I 124 2 170
South Dakota. 10 V25 3.5 2 .«18 , 57 , ^ < > 75 '2f~. 110
Tennessee ...^.... 27 ^ 33 2 80 19 *- > .• 99 2 1.32 Texas V. 30 31 4 .147 1 ,, 2 1.50 2 .181^ Utah 14 11 25 4 36 . 28 . 64 2 89 Vermont 7 23 "- 30 2 52 190 4 246 2 276 Virginia..: 37 3 40 4a. 95 • 5 '... , ^ 100 ' 2 . 140 Washington:?... 36 . 13*'| 49 4A 59 40 99 2 148 West Virginia 25 7 32 4 . 82 18 2 132 1 , foo Wisconsin.... ' 12 ;20 .r3fj) 4 : 4^. 55 1 . lOO(j) 2 133 (j) ,83 . Wyoming 10 17 27 4 21 35 . •• ' • •• 56 2 Giiam ..; .. 21 2 . " 1 21
Puerto Rico 23(t) 9(1) 32 4 47(k) 17(1) .-. • ... 64 4 96(m)
(a) .Constitutional total of House members may vary accord ratio IS pstablished to provide for fractional representation dur ing to population. •' ing tlie succeeding decade. Any county or senatorial district with "• (b) Constitutional total of House members varies according a population larger thanjihe minimum requirement for a Repre to legislative creatfon of or reduction of counties. sentative or Senator, is allotted fractional .additional represen (e) Constitution seta number of Representatives at not less tation by adding a Reprcientative or Senator for one to four of than 64 nor more than 110. the legislative sessions during the decade. *• (d) Effective January 1,1962. (j) "Constitution sets number of Assemblymen at not less . (f) Independent. / . than 54 nor more than 100, and the number of Senators at not (n Total number of legislators cannot exce<^ 7S; number of less than one-fourth nor more than one-third the number off Senators cannot bb less than one-third nor more Uian one-half Assemblymen. the number of Assemblymen. . \. ^ . N^ ^^ A .• LEGISLATIVE' SESSIONS • Limitations Special sessions earstn on lettsth Sessions convene of sessions Legislature may- ^ State or sessions-""^ Legislature defermine sub , other jurisdiction are held Day Refiul'ar Special may call ject- •?• Alabama...... Odd May 1st Tae3.(a) ; 36 L • 36 L ,No 2/3 vote those present Alaska. Annual ' Jan. 4th Men. None ' 30 C • ^ Yes. ^ . Yes(b) Arizona Annual Jan, 2ud Mpn. • , .- 63,C(c) • . 20 C(c) Petitiori 2/3 members Yes Arkansas.. 1..... Odd Jan. 2nd Mbn. ' ' 60 C " " 15 C(d) .No - "^.^ (d). Callfdrnla.... ,. AnnuaUe) Jan. vOdd-Mon. after Jan. 1' • 120 C(f) None .'.No , • \ •• ^ No ,- . Feb. Even-lst Mon> , 30 C • Coforadb AnnuaUe) Jan. Wed. after .1st Tues. 120 C{c) None • No . No • Connecticut..... Odd Jan. , Wed. after'1st Mon. 150 C(g) None Yes • Yea tf Delaware iArinuial(e) Jan,.. ,Odd-lst Tues. ' '• 90L . • 30(c) No Yes , I Feb. • Even-lse Tuea. . 30L •« 'V* Florida..,.;..... Odd Apr. Tues. after 1st Mon. .60 C(h) 20 C(i; • (i)-' ;• . ' ..Yesd) Georgia.. Xijnual '• _ Jan. . . 2nd Mon. ^ ; fP C f .0)/ Petition 3/5 members(k) Yea . Hawaii.;...... Annua](e) '| Feb. .' .'3rd Wed. ' : 60C(1) 30 C(l) Yes(m) Yea io Idaho...... ; Odd Uan. . Mon. after Jan. 1 60 C(c) 20 C > No • .- .No Illinois... Odd •Jan.- Wed.'after 1st Mon. • -. None(n) None , No No Indiana Odd Jan. . -. Thurs-. after 1st Mpn. 61 C 40 0/ No Yea Iowa Odd -Jan. ' 2ndiMon. • - ^ . None(o) None / No . Yea ?^ Kansas.^...... AnnuaKe) Jan. Odd-2nd Tues. 60 L(c) 30 L(c) No- . • . Yes. • . Jan, . Even-2nd Tues. . 30 C • , • ' Kentucl^. .. Even Jan. . Tues. after 1st Mon. ; 60 L None - No • . ''• No . Louisiana.. AnnuaKe) May Even-2nd Monl , 60 C • 30 C . .Petition 2/3 elected members . No(p> .' May Odd-2ndMoii. 30 C • • . each house Mlaino.. .1...... Odd ' . Jan. lat Wed. None .None ' ' No ' • Yea Maryland...!... AnnuaKe) Jan, Odd-lst Wed. • 90 C . 30 C No • • . Yea '- Feb.. Even-lstWedi 30C,' : • . .'Mtissachusetts. . .\nnual " Jdn» 1st Wed. . . None _ None Yes. Yes Miehl£an...... Annual "Jan, , 2nd Wed*. .None ' None ^ No . •• No' i . ,'", • Jan. '• • • .• " •• ','••.. • ••• • Minnesota...;.. Odd ' i Jail- . Tues. after Ist Mon. 90 L -None No ' Yes Mississippi Even ' Jan. Tues. after 1st Mon. , None ' None . • • • , No ' . .No No • . . , • • •No Missouri.. Odd Jan. Wed. after Jan. 1 l<>5C(g)'' 60 C Montana Odd .^ Jan: .1st Mon. • 60 C 60 C(c) ••'.No . , ; . • ' No Nebraska , . Odd .^ ^' Jan. 1st Tuea. \ None' None. .Petition 2/3 members No Nevada Odd * Jan. 3rd Mon. ! " • . 60 C(c) 20 C(c) No . . . • - No' New Hampshire. Odd . • , Jan. 1st Wed. '\ • July 1(c) 15 J,(c) Yes .. ; Yea : New Jersey :.:^;::: ' Annual . • Jan. ' 2nd Tues. ' • None None • (q) . Yea k. f \ "' .- • \ •:\ \ a /- New Mexico Odd^ Jan. 2nd Tues. 60 C j 30 C(r) New York.'...... Aiinuah > • Jan. Wed. after 1st Men. None •None ^^^--4.. North CaroUrid... Odd • . ; Feb, Wed. after 1st Men. ^^ C(c) i 2S C(c) North Dakota. ... Odd • Jan. Tues. after 1st Mon, flOL i None Ohio ,Odd-^ Jan. • 1st Mon. Ntone ^ |. None Oklahoma...... «5dd Jan. TueSi after 1st Men. None \ , Nonp Orefton Odd . • Jan. 2nd Mon. '• None - i None *' Pentisylvanla. Ahnual(e)- • Jan. 1st Tues. XT "^ None Rhode Island .. Annual '. JqjJ. 1st Tues, —» None None South CaroU.i)»... Annual 2nd Tues. 60 L(c) ! . 40 L(c) ••Y .•None ' ""South Dakota Odd ' Jan. •• Tues. after 1st Mon. 60 C ! None Tennessee..,...... Odd Jan. ist Mori. 75 C(c) 20 C(c) Texas. , Odd ; >' Jan. 4 2rtd Tues; 140 C . 30 C Utah. Odd = Jan. •2nd-Men. 60 C 30 C Vermon't-...... ;•• Odd V . Jan. -. Wed. after 1st Mon. None None VIrfilnla...... ; •Jf X Even Jan. 2nd Wed. 60C(c.t) . 30 C(c.t) Petition 2/3 members Washington Odd. Jan. .2nd Mon. 60 C None - .No West Virginia.. A;mual(e) Ian- Odd-2nd Wed. 60C(u) None Petition 2/3 members 30C(u) . "Tan. Even-2nd Wed. Wisconsin.... Odd- . Jan.' V 2nd Wed. None None • • " . • No'.. Wyoming. ...'.. Odd • .Jan. 2nd Tues. 40 C None- . No. b3 Guam .. Ahnual Jan. 2nd Men. . 60C(v) . 14 C No Puerto Rico Annual Jan.' 2nd Mon, 111 C(g.w) 20 C No Abbreviations:,L—Legislative days; C—Calendar days.' (m) Legislature may convene in special session on 4Sth day after, adjournment to act on" (aj Leeislature meets quadrennially on secdnd'Tuesday in January after election for pur bills submitted to the Governor less than ten days before adjournment if Governor notifies pose of organizing. \ the legislature'he plans'to return them with objections. (b) Unless Governor calls and limits. '• ._,^' ; ' (n) By cuHtbm legislature adjourns by July 1, since all bills passed after that day are not Cc) Indirect restriction on sesaion/Iength. Legislators'pay.perdiem.ordailyallowanceceases effective until July 1 of following year. . but session may continue. In New Hampshire travel allowance ceases after July 1 or 90 legis (o) Custom and pay limit session to 100 calendar days. lative days, whichever occurs first. (p) Unless legislature petitions for special session. ' However, no special session may be (d) Governor may convene General Assembly for specified purpose. After spedfic business called during the 30 days before or the 30 days after the regular fiscal sessions in the odd years fa transacted, a Vi vote of members of both houses may extend sessions up to 15 days. , withoufthe consent of W' of the elected members of each house of the legislature. . (e) Alternate year budget sessioas are held, all except the Louisiana session meeting in the (q) Petition by majority members of eabh house to Governor, who then "sball'-^c^U special even-numbered years; • ' session.. • . (f) . Exclusive of Saturdays-and Sundays. (r) Limitation docs not apply'lf .Impeachment trial i(s pending or In process. Legislature (8) Approximate length of session. -Connecticut session must adloum by first Wednesday may call 30-day "extraordinary" session If Governor rif^ises to call session when requested after first Monday in June, Missouri's by July IS, and Puerto Rico s by. April 30. by ?i of legislature. . . • ' (h) 'Length of - session may txe'extended by 30 days, but not beyond S;pt. 1, by H ^ote of (s) Governor may convene Senate alone in special session. both houses. (t) May be.exfcnded up to 30 ^Jays by H vote of each house, but without pay.. (i) Twenty per cent of the merober»hip may petition the Secretary of State to poll the ' (u) Must be extended by Governor until general appropriation passed; may be extended by legislature; upon-affirmati've vote of H of both houses on extra session, no more than 30 M vote of legislature. days in lengtnxmay be called. Extra scssiona called by the Governor are limited to 20 days. (v) Organic Act specifies legislature may meet for 60 days during each year, statutes specify (j) Seventy7day session limit except for impeachment proceedings If Governor calls ses legislature %hall meet for 30 days twice each year, . sion; 30-day limit if legislature convenes itself. • ' (w) Session may be extended by adoption of jo^nt resolution. . (kV Thirty-day limit. ' .^-^ (1) General sessions, odd years 60 days: budget sessions, «ven years 30 days. Governor ., 4 • ''..,•',;;.•,• •,,..•• • , may extend any session for not more than 30 days. Sundays tsnd holidays shall be excluded -4a computing the number of days of any session. "" /••:.. j»r is^LARIES AND COMPENSATION OF LEGISLATORS SALARY^ND DAILY PAY PLANS ADDITIONAL COMPEi^SATIONFOR LEGISLATORSW/ : : :: ^-A •. Regular session Special session AA. A . Saliry n~ ~ plan Daily pay plan ^ / ^r:—\ ' Basic Date Amount Travel allowance Limit on Limit salary basic A Amount no, of ^calculatedof salary Amount on no. is salary Amount Additional expense . State or per days of- fdr: of pay of days fixed estab per NutHber of trips allowances other Jurisdiction •day ' pay bieifkiltm per day of pay • by lished mile during session during session Alabama. $10 36L(a) .....<.. $10 36L. Const. 1946 lOc One round trip '$20 per day (a) -? Alaska...... $ S.OOO(b) ... Stat.. 1961 I5c -^ One round trip (c) $35 per day; $300 postage-stationery allowance. Members from capital area election district receive $25' per day; presiding officers receive an extra • l. annual allowance of $500. Arlzon^.. 3,660{b.d)... Const. 1958 lOc ...... j $10 per day subsistence for legislators from outsyie city limits of capital(d)" • ;'. . Arkansas.'. 20 <50 C 2,400(e) 6 15 C Const.N 1958 So One round trip ' California..'.. 12.000(b) ...... • Const. 1954 5c(f) . , One round trip $i9per"day(0 Colorado. '26 126 c 4.800(b,h) 20 . Stat. . 1958 (g) One round trip None during sessionCh) ' Connecticut.. 2,000 ...T. Stat, 1959 10c Each day. • - $500 expense allowance / Delaware..... 6.000 ' ...... i. Const. i 1959 15c Unlimited mileage $25 stationery' and supplies •> Florida\...... 2.400 Const. 1954 '10c-... Round trip per weeic $15 per day = Georgia. io '46'C(b) ;.. 10 70 C(i) Const. 1945 10c '"•• •••..'..F'our round trips' $40 per dr.'i- J^. Hawaii...... 4.000(b,j) (j) ..... Const. 1959 $32.50 per day for members from Oahu; $45 for & Stat/ legislators from outer islands Idaho...... 10- 60 C 10 20 C Const. • 1946 10c, One round trip Mdditional $15 a day for maximum of 60-days for committee members ' Illinois...... 12.000 Stat. 1957 10c Round trip per week * $50 for postage and stationery Indiana...... 3.600 gVat. 1955 6c Round trip per week ^ Iowa 30 30 Stat. 1957 7c - ..One round trip Kansas...... 5 90(b.k) . 5 30 L Const. & 1949 15c . One round trip $7 per day " ^ V "•. . .' ^' •?•' Stat, • Kentocky...,. 25 60 LO) ;. 25 Stat. / 1950 15c One round trip . $25 a day ; $50 in lieu of stationery Louisiana..:'. 50 90C(b.k). 50 '30 c Stat. 1956 -10c- • Eiglit round trips and . $250 per month while legislature not in session ; '. four round trips during budget session Maine ^ 1,600 10 Stat. 1959 5c -• Round trip pr^r week Snaall allowance for postage, telephone, etc. Maryland..... 3.600(b) .•.; Const. , 1948 2Qc(m) One round trip ' $2,400 per biennium Massachusetts. 13,4qO(b) (n) • Stat. ' 1960 7c(o) Each day(o) -. $800 per biennium; weekly expense allowance ac cording to distance from capital (o) Michigan lO.OOOCb) ...... ;. Stat. 1960 10c Two round trips per $2,500 per biennium; plus allowance for.postage, ; month telephone and telegraph ' Minnesota.. 4,800 25 Stat. 1955 In 1961, $12 t)er day except that legislators who 15c • One roiind trip did not have to leave their homes to attend session received $8 per day \ ' Mississippi...... 3.000 22.50 ... ,. Stat. ' 1956 10c . One round trip(p) $1QP pej month between sessions Missouri;.... 9,600 Stab 1961 10c Twice per month $10 ptr day ' Montana... ^ 20 60 C '26 66'c' Stat. 1955 8c One round trip Nebraslca " iisoo * Const. & 1961 Sc One noimd trip $100 postage allowance . Stat. Nevada 25 60 C 25 20 c Stat. , 1957 10c DaiIy/commuting(q) $15 per day(q);|^:XP^ postage, etc. New Hampshire. '266' 3 15.C Coast. 1889 (r) J Daiily round trip(r) fi ••, I New Jersey.. .. lO.OopCb)' • -it'. Const. & 193-1- State railroa.d pass St:»t. New Mexico...... 20 60 C 20 30C Const. & 1953 10c One round trip Stationery, postage,' telephone arid telegraph Stat.. • allowance ~ - ^^\ New York.... 20.000(b,s) Con.st. & 1961 (S) • Round trip per week $1,000 expense allo • Abbreviations: L—Legislative days; Q—Calendar days . • •(k) 90 days biennial,total: 60-day regular .lession. 30-day budget se^ion. • -'.-<: (a) In practice the leslslature meets for 18 weeks. Legislators receive $210 a -^feelc in 0) Legislators are paid for-Sundays and holidays during session, consequently compen combined'daily salary and expense olloivancc, a total of $3,780-for each regular biennial sation period usually is 72 to 74 days. .. \ , , ' session. (m) In terms of fixed amounts for each leglfllator. ^s. (b) Annual sessions. ; (n) Determined at each sesnion in Mnssachusetts. (c) Plus excess baggage'allowance. (o._.) Within 40-inll- e radius. -7c amHe'dally to amount to not less than $4.50 a week; outside (d) Plus $20 per day salary (limited to $1,800 in a-year) for apeclal sessions, and interim 40^mile radius, $38 per week living expenses plus 7c a mile for one round trip per week... committee meetings: $10 per day subsistence for. days required to attend Interim commit fp) Plus one extra round tfip each 7 days at 6c a ihitc. • • V . V, tee meetings, plus 8c a mile or first class public carrier. - -. - • (q) 10c a mile for daily commuting or. $15 per dhy if living in capital. „ : fe) Speaker of the House receives 52.700. . (r) 20c per mile forifirat 45 miles. 8c for next 25 mites, 6c for next 25 mites, 5c over 95 miles, (0 12HC'a mile for interim commi'tvee meetings and $25 a day for maximum'oL.60.daya for (s) This salary becomes effective in 1963; interim committee meetings. .> .- •; . X .' (t) Lcftislatfirs receive $15 for first 73 legislative days, including Intervening non-legislative (g) Actual and necessary expenses. . . . • days, for regular or special session,-otherwise $100 a month. . (h) Legislators receive $100 a month during bieiinlum plus $2,400 per biennium, paid at (u) 10c a mile for one' round trip; thereafter, 7c a mile for first 2,000 miles per month. rate of $20 a day during regular and special sessions with remainder paid as a lump sum. 6c a mile for each additional mile once a week during the sessibn. ^gislators also receive $20 per day, not to exceed $600 in any calendar year, wjiili;. not in (v) Members receive an annual salary of $4,800.. " —v session, for attendance at legislative meetings, plus actual and necessary traveling expenses.. (w) Members'receive $70 for each week or portion thereof during regular session. t (i)-70-day limit on special sessions called oy Governor; 30-tlay Jltnit on sessions convened (X) Fo'r legislatora filing affidavit re(?arding necessity of establishing temporary residence by legislature except for Impeachment proceedings. - 'at capita! during regular or special session. • - ' (j) $2,500 per general session; $1,500 per budget.session. (y) Minimum $10. ,, «- ^ , - -^ ri-)'$15i)er day within 25-50 kilometers radius; $25 per day beyond. •/• S / ^ •• / •) r w^ \ ,<> P^ LEGISLATIVE PROCEDURE: OFEICIAL^RECORDS -Jotirnal- Records of comm Permanent Verbatim record mittee hearings ' Slatee oror oinerotna Published Shows rulings Shoies all journal of proceedings of and proceedings jurisdiction daily of chair votes Checked by indexed hduses-tnainlained taken. .Alabama. No (a) No Finat passage House—Committee on Rules; Senate— . Yes No , .No' Committee-on Revision of Joui;nal ^Alaska. Yes Yes Yes—except voice' Committee on Engrossment STEnrollment Yes No Yes(l}) and standing' ' votes ••" • •» Arizona...... No(a) Yes. .Yes House—Chief Clerk; Senate—Secretary Yes—subject,^'biU, . No' sponsor •I Arkansas....'., No(d) • Yes Yes ' Journal Committees Ye3(d)-^bill No No. V . California./... Yes -Yes •Yes • - House—Chief Clerk; Senate—Jouna'. Clor^ • Voo- - iu ojtct, .bill, V No sponsor ; No • ' '. "Coldradp...... Yes " Ye^ Third reading House—Chief Clerk; Senate—Secretary Yes—subject,* bill, 1 No .V ••'"-- - ' Rarely •^' •• .V "•• •• sponsor, committee Connecticut.. Yes Yes Only when a diyi-, Clerks , Yes—subject Yes - -•^ ~ sion i^jar^Tcd Yes : ,/ Delawar^...;... No Yes Hoiise—-Chief Clerk; Senate—Secretary Yes—subject • . .No/* («-. ; j£^ Florida...... Yes Yes—for bills^nd House—Chief Clerk; Senate—Secretary Yes^bill,. sponsor, No No •'.• k: proposed consti subject tutional ainend- > rnenta (g) Georgia..... N( No Totals only House—Committee on/Auditing, EnroUing ^ -Yes No .No ^ • •.• & Engrossing Journals; Senates-Adminis trative Affairs Committee'- > ' , .\ • 'i Hawaii...... , .• House^Yea Yea Third reading Yes—subject ; In.part. Senate—No House—Speaker; Senate^President • Idalio.....;i ,. . Yes (h) ,. Yes Yes—subject,- bill, In part Senate—Yes ' Journal Committees . gubernatorial ac- Houses-Some • • tion Illinois ..... ; ,. -Yes No •. Yes./ House—Speaker; Senate—Secretary No House—Yes j.^" Yes—subject, bill Senate—No Indiana.. .r No(a) Yes Yes' House—Committee on Legislzutive Proced .'No ' ures ;"Senate-^Committee on Legislative Yes' .^° \ I Procedures. , Iowa...:.,.:. • Yes cYes Final passage, and House—iChief Clerk and Journal' Cierk ^?es—sponsor, sub- No • Minutes only -when, yes-no and House members; SenateVc-Secretary ject -.->•• votes are taken and Journa:l Clerk and Senate members . ; . •- " Kansas...... Yea •* Not always Final passage _ Journal Clerks i% Yes No. ,No* •' . Kentucky...... • .,No • (Oi Yes—exc^,.. Legislative Research Commission •Yes . No • • '• YesO) .^^ V voice votes Louisiana/.. .; Yea (I) Houser-CIerk; Senate—Secretary* No In part 'No'-• : A y . A ^ / Main© Hoflse—Ye3 House—(i. k) Yesfk) House—Clerk; Scnate^Secretary Yes—subject, bill . Yes No ' Senate—Yea Senate—Yestk) Maryland No - No -Third rea'dijig Department of Legislative Reference 'Yes-subject, bill • No , Q No Massachusetts.. Yes^ Yes Yes House—Assistant Clerk; Senate—Clerk .Yes -No No . - Mlchii^an...;.. Yes Yes Final passage House—Clerk; Senate—Secretary Yes-subject, bill, In part y t IT f¥ s LEGISLATIVE PRQCEDURE: OFFICIAL RECORDS—Concluded .r -'Journal- Records of com- -V. Permanent Verhalim record millte hearings Slale or other Published Shows rulings Shows all journal . of proceedings of -and proceedings jurisdiction- daily . of chair' votes Checked by indexed houses,maintained taken Teianeasee..... •^. No(a> " . , 'Yes Yes Clerks •- * ' Yes Yes(v) No .' >• Texas..... Ves Yes Yes Journal Clerks Yes No Minutes(w), Utah Ye3 Yes • . Yes Chief Clerks and Minute Clerks Yes—subject, bill IHnise^—Yes(x) Minutes pnly Senate—No Vermont... .V. 'Yea "^ Yes Yes. House—Clerk; Senate—Secretary Yes—subject, biU X No House—Yes y if Senate—(y) Vlrfilnia...... No(a). House—No House—when yes- Clerks Yes—subject '. • No No . Senate—Yeis no vote.taken Senate—Yes ^ Washington... No . Yes Yes House—Chief Clerk; Senate—Journal "Yea—subject, bill .House—In part(k) House—YesCk. 1) ' Clerk , . . Senate—No Senate—Yes S ' ' • • ' West Viriftlnla. Yea Yes Senate—Yes House—Merrifiers; Senate;—Clerk Yes—subject, f)ill,' House—Yes • .Yea House—Final i - sponsor Senate-^In part passage , Wisconsin • Yes Yes . Yes Chief Clerks . ' Yes—subject, spon No Yes . % sor, lobbyists 00 V Wyomlnsi.. No(a) '^ ' I)Io Yes House and Senate Attorneys; Chief Clerks Yes '^ No' Mo •«>'••• .Yes Yea Yes Legislative Staff Director and Legislative Body ' Yes Yea „ Yea Puerto Rico... Yea. , No Yes- Secretary Yes—subject Yes Yes(j) (a) Daily journal is prepared, but maintained in typed form. Permanent journal ia printed "to) Commuftees occasionally, but i»bt as a rule, have a stenographer or mechanical recorded after close of session. . o. . _ ' .take testimony, especially of witnesses. Assembly Judiciary Committee has a full-time ;(b) Upon request. D stenographer. . " ' ,. - (c) Some minutes are taken of public hearings on tdntroversial ntpasures and kept in files (p) Senate record appears in both daily and permanent journals. of the respective house clerks. (q) Proceedings of House and Senate Judiciary and-Ways and Means Committees and of House Appropriations and Senate Finance Committees are recorded; other House and Senate 'd) Daily journal is prepared, but maintained in typed form; Permanent journal U printed committees have minutes which vary in completeness. Sy occasionally. . . ' __ "" (r) A separate bill history ia published and 4bund with journals. Bill history is a numerical (e) Daily journal Is not'prepared. " \v.-. "' Index which gives legislative day of each stage of the bills. (f) Records arc maintained on proccedinRs of Joiat Finance Committee. (s) Available only til mernl)*T3 of the press. OJ) Also on any question upon demand of five members. . 'Q .Record maintained in separate notebook, (h) Depends on importance of question. ' • (u) Daily journal is permanent journal. - . . - (I) Ruling of chair is recorded only if it is appealed. (v) Recordings afe made by the I^ibrary and Archives for historical purposes only. TJie (]) Somo^pubuC hearings and InvestiRatlons recorded. In KentuckAM^mmittee vote on journal is the official recgrd. bill is reported .with bill to the whole House. ^ (w) Minutes of all standing committee hearings kept hut not printed. Occasionally ver batim testimony before investigating committees inay appear in full as supplement to the (k) Published in ijcrmanent journal. . "^ tjoumals. ' Oi Upon request of committee or committee chairman. ^ (x) A tape recording of entire proceedings of the House was instituted In the 10.S7 ncssinn (mjr If speaker submits wTittcn ruling. ^ :_ ,. • The recording.is jireservoM by. theiUtah Stale fIistorjca{;,^ciety.and is not open to the public (n) Rrports of those appearing before committees and matcriarpfesente/l'in the narrative for a period of ten years. .^^* ' are recorded. . , ., ' ' (y) Somi-iitnes the proceedings of the Senate at>propriations committee ar#»taken. /^ \7 •••. >. -...••• • • - • • , • • • • •• " . ; v^ .•'•*•• * " * ' '.-• ^ ' ' • '• • - ,'. • • • •: . '•••-•. ''-'->•••'..•- . - • f . '•••'" ^ ••;•,,.••. p., . .'.••''•'•'':. J LEGISLATIVE PROCEDURE: STANDING COMMITTEES AND "HEARINGS . . " • ,.. rvo. of standtng •. ' cominilUes at: Range in size House 1960atnt-I96I of Hearings committees Senate ^ regular sessions committees open Stale o/ " appointed committees ,', '^- ^ , -''—'• , to other jurisdiction ^^ by Speaker appointed by. . House Senqte Joint House Senate Joint public*i Alabama..,...!. • President 17 30 0 7-15 3-21 Dis. Alaska (a) (a) 10 10 -^0 ,7-11 5-7. ..,. Dk __ Arizona. , • President 22 21 0. 15 7-14 Dis, ~ .•> Arkansas • President .,69 2S 1 ' 4-37 5-9 12 . Dis. • • • L J ' •_ • ,' . , >. California " •* ' » Comm. on.Rules 26 21 4 3-22 S-IJ Yes Colorado...^ •• * Resolution -:'••. . ' ••..••••. . North Carbflna •*• President 45 33 4 , 8-62 6-26 ,,.. OYes -, North Dakota • Comm. on Comms. 21 18 0 3-22, 3-17 Dis. • Ohio • Pres.protem 20 10 4 7-23 8-12 4 Yes Oklahoma. ..^ * ' (k) 39 34 • 0 3-31' '3-20 ' Dis. ,' ' Oregon .'«»_:, •*• President* V 20 20 1 9,5-8 14 Yes Pennsylvania,...,. • Pres.protem 36 23 0 10-23 9-24 Dis. Rhode Island...'... • Named in rules IS 17 1 8-17 5-10, 9 Dis. South Carolina:... • Kectedd) 8 36 4 5-27 S-IS' 6-15 Dis. South Dakota -k President 23 18 0 3-15 3-15 .,,. Dis, • Tennessee : •. Sneaker 17 . 17 0 17-30 12 Dis. Texas , • President 43 24 0 5-21 5-21 Yes Utah... .• President 18 .14 >1 , .9-17 3-5 28 Yes Vermont -k Special comm, 18, 18* 3(m) 5-15 3-6 6-56 Yes Vlrjlinla. • Elected 34 21- 3 NA NA . NA Di8.(n) Washington -k President 33 25 0 5-51 2-37 . Dis. - WestVirfiV* - * President 25 29 3 10-25 3-18 . ' 5 Dis. Wisconsin • £omm. on Comms.(o) 23 11. 2 3-11 3-5 5-14 Yes Wyoming. •*• .President 17- ^16 1 7-9 2-S Dis, Guam • (g) (Ic) f (g) NA (g) (g)" > 9 (g) Yes Puerto Rico "• President 16 17 6 7-23 5-17 7-16 Dis. • : : k : : __ :—.^ ^^ , :—. . : _ •Abbrevlatjons: Dia.—Discretionary; (NA—Information not *(h) Standing Committed on Committees advises him. available. . (0 Only 12 consider legislation; 4 are procedural. . * (a) Nominated by Committee oi: Committees and elected by (j) Also the Committee on Committees. House and Senate respectively. - (Ic) Senate electa Senate standing committees. Appointments •^(b).Minority party members are nominated by the minority to'tcmporary and special committees, in Oklahoma, are made' party leader of each house. by the &:nate presiding officer, V (c> Senate committees sometimes meet in executive session. fl) .Special committees are appointed. (d) 1959-61 state legislature! ^ (m) Corresponding committees of each house usually meet (e) Ezcept'four select committees made up of Senators from • iolntly. each of the four counties. ., . (n) Final vote by a House committee must be In open session. . (f) Committee on Committees. (o) Confirmation by Senate. (g) Unicameral legislature. ,' • 49 .< - n 7^ . ,(' LEGISLATIVE PROCEDURE: JBILL INTRODUCTION AND REFERENCE Exuptions to limilalions 1 c •• •'••••.'• Reve- . At .9 Pre- . indicatedBy For nue and re V session Pre- - vote of com . appro- quest bill . session . Bills referred to committee Commit appro mit • pria- ^f • drafting , bill tee must . 5/air« or other, Time limihPon priate tee seriice . , filing V* 6y report jurisdiction introduction of bills house .- bills .bills ernor^ Other provided permitted 0^1ouse^' -^Senate all bills . • No limitations ... - , , , , •. . . . • YesCa) • No- • Speaker President No Alaska .. 4Sth day 2/3 X - X • « • Yes Yes Speaker* President : No' Senate—50th day . 2/3 , , • , , ., >-> • Ye§(a) "No Speaker President No • ., By action of Rules Houae-T-SOth day •' • • . Committee / v\. None last 3 dqiys • . . . • . , ,, ...' Yes • No • Speaker ' President Yes . Regular—110th day(b) 2/3 .... , . ,, • . • • Yes(a) No Speaker Rules Comm. YesCc) Budget session—No ', limitations ^- . . Fixed at sessions • • • t , , , , ., •" • Yes(a) No Speaker President Ves(c) Connecticut.-, .v. By joint rule(d) • • . • (e) ^ X X • •• • Yes(a) Yes Speaker President No , Delaware , w... •...... •• • > • • , . • . ... Yes(a) . No Speaker P.O. No *• ^ _* Florida No limitations. . . . • . . .-. Yesv . No- Speaker - President Yes No limitations • . • > . . . • .•. . . ^ ... Yes' No Speaker President No Hawaii...... Senate-46th day(f) Unanimous Yes No Speak^ •• • •• _ ••'. • •• President Yes House-40th day(f) Idaho. . 'Fixed at session • ...... , . No No Si)eaker PrcsidAt Yes j , • ., te Illinois... . Minor limitations(g) . ... . • • Yes(a) ' No Sfjeaker Bills Cbmm. No- Senate-^33rd day Majority ... Yes. • • No Speaker President No ^ /^ ;.Hou8e—30th day Iowa. .V i Sienate—25th day in 2/3 X No No f Speaker I^resident No O . February House—last legislative N-X Kansas Fixed at session rt ... .. Yd's(h) •.N5^ Speaker , President- pro tern No No limitations . .Yes(a) No " Committee on Committee on , No Kentucky. • •: * • » '' f Committees Committees Louisiana. Regular—21st day. 2/3 elected •i . .. • Const. amehdmeni.s» Yes Yes Speaker(i) Presiderit(i) • No . ' Budget session—10th *T ' • w , V 30 d:jys .^ t day * • - o . • • Maine Fixed at session (J) . • • ,, . t • • • Yes(a) Yef Joint Committee(k) ' No(l) Maryland. Regular—70th day 2/3 . , "• . . ?es(a) No Speaker President' No Budget session—20th day "* . :•• • 1. « ^. Massachusetts. Must be introduced one 4/5 present ) X Bills in reports due Ves{a) Required (n1 ) ClerkCn) . ClerkCn) ji'es month before session and voting after convening Michigan.. By joint rule • > • - • • X ', , ... Yes(a) Yes(o) Speaker * President(p) No Minnesota. 70th day V • •. , ,' . ; X • • • Yes No Speaker ... President No Mississippi. None last 3 day3(q\ .- * • . • , . , , * •... Yes - No Speaker President No Missouri. .. 60th. day \ Majority - •; , X ... YesCa) No . Speaker • President Yes Montana... Senate—20th day \ 2/3 . . , , x, , -Substitute bills for- No No Speaker President Yes i' House—20th day 2/3 • • , , X . : bills pending , Nebraska... 20th day 3/5 elected X(r) , . X . ..." Yes(s) Yes(t) (u) Ref. Comni. No Nevada Senate—No limitations ... . . , , , , • • • Yes No Introducer Introducer No House—40th 'day odd yjears ^ 2/3 X . • .Joint resolu.tions rf . - • 30th day even yearal. .. . ) Ne w'Hampsh ire 3rd Thursday '^'• 2/3 elected . (v) , , , , .'. • • Yes Yes . Speaker President YesCc)^ New Jersey 6th Week" • • • X(vy) . . , , ... Yes (a) No Speaker ."~~ President No New Mexico 3Sth day --^^ . •' • , , X X > . Yes(^) No Speaker President No NewY6rk Fixed at session • • • , , , , ,•, ... Ye3(t) Yes Speaker President . No North Carolina.' l^ixed at session • • • , . • , , #. . ... <" Yes(a) No Speaker , President Yes . North Dakota.. 25th day *" • • • 45 th 40th • • . . ... Yes (y)a Spe&ker • President Yes - : S> day(x) • day - - •, / v_ •% v^ Ohio By joint rule 3/5 elected X Yes(a) No Reference Comm. Majority Le^er No Oklahoma.. 50th day r -^"~ 2/3 elected X(z) ... .Yes Ye8(aa) Speaker President 1' No Orefibn..... SgMtS6n4te-^35te h day (ac) Approyed by Rules Ve3(a) No P.O. P.O. No and>'Bills Comm. or true substitute bills. V. House—25th day^ab) Approved by Rules , Committee >' Pennsylvania. Senate—No limitations Reapportionment bills; Yes(a) No, Speaker -P.O. No HOuser—May 23 (ad) X i bills proposed by . . —"=reason of report of ^• Gov's. Comm. on Ed. Rhode Island..., Senate—None' f. One day notice, title Ye3(a) No Speaker President . No' House—Set by rule and explanation read South Carolina. No limitations * Yes(a) No P.O. P.O. No South Dalcota... Fixed at session 2/3 ^mbera Yes No Speaker President No present and majority of . members elected 'Tennessee •. No limitations Yes No Speaker Speaker No(ae) Texas., rr 60th day . 4/5 members X Yes No Speaker President - . No Utah ; «eng.te^30th day Senate—unani (af) No{ag) No Speaker President Yes House—35 th day mous • a House:—majority Vermont 7th week(ah) " 3/4 present and X(ai) No No Speaker President No ' . voting \ Virfilnia (aj) «> Yes(j£) No Speaker President No Washington...... • 40th day 2/3 elected X Yes(a) No Speaker President ' No West Virginia. ,.. 50th day , • 2/3 present and Yes ~" • Yea(t) Speaker President No ' votinB(ak) Wisconsin 44th day (ah) 2/3 No limits for Legis Yes(a) (am) v Speaker P.O. Yes Or lative Council or r for some commit- tee3(al) Wyoming 18th day Unanimous No No Speaker President No(an) Guam No limitations . ATes .No (u) Comm. on Rules No Puerto Rico...... 60th day Majority X(ao) Yea No Speaker Presidtnt No P.O.—Presiding OflScer. . (u) Unicameral legislature. . (a) Continuous service. .. (v) Only those reported by Committee on Rules. . (b) Joint rules prohibit Introduction after IlOt^ calendar day. including Saturdays.and (w) Only bills approved by Committeeman Introduction of Bills; , Sttndays. • • » (x) Only bills approved by Delayed Bills Committee. ' • ' (c) In practice, those not acted upon are reported back last day of session ^thout recom- (y) Bills processed by Legislative Research Committee. and Budget Board printed in ad tnendation. In New Hampshire, all bills still in committee at time of adjournment ore "ia- - vance of session. definitely postponed", by concurrent resolution. • •• (z) 60th day for committees to report bills originating in their house; 70th day for committees (d) Usually the second Wednesday after convening \i last day for introduction of bills. to report bills originating in other house. (e) No com'mittee bills shall ba introduced alter the second Tues '• 7 e^ < 62 , \THE^BOOK OF THE STATES ^' ^ ^ ./ / LEGISLATIVE PROCEDURE: BILL AND LAW PRINTING' PRACTICES' Availability of new Iditts in •'^ .• 4 advance of bound ses^on laws* / ••- Ad No. of • Indi vance •months A' When bills Printed vidual sheets, afttr A. copies peri Not session upon Upon . of odic . avail- when a'ssign- After After pas- ^ Amend new pam- • •> 4ible session Upon .ment com sec sage ments • laws, Phlets News- until \ laws intra- , to mittee , ond to " slip as (aper bound volume , Slate or other due-. com ap- re'ad- legis-: bills laws, laws : edi- vol- becomes jurisdiction tion mittee • proval . ing latUre Printed efc. . signed tion ume available] (a) * * No X % 3 months X(b) ' " '' Yes • X ...- • 4-S months Arizona... X(c) • No- X •• 6 months X '•'/ • Yea X • 6 months • X(d) Yes X X 3 .months v^ •' Colorado.;..^.... •• Xfe) (0 X - t 5 months Connecticut.... .X{b) •«* Yes X(g) 3 months Delaware.. . X Yes X • • •• 3T6 months X(h) -«. ^ (0 X 3-4 months Georgia.. i X(h.j) 'X(k) Yps(j) '- X 2-4 months Hawaii...'...... ) X(l) \ Yes(l) X ' ...• 4 months. Idaho ^.V. .'•"••^ X f[ • Yea x 2 months lUlnols X ' Yes{m) X 3 months « X X(n) (0) X.(B) 3-A iji'onths. X(p) . Yes(n) X 2 months. y "^ • * . ^ X(g) 3 months ; X •••^ % Yes(q) s. X(r) Xfs) No • X 2^3 months.' (t). X 5-6 months X(u) .Yes X(g). X " 3-4 months X X(n) (0 X X • 2-3 months* r Massachusetes.. *x (i) X 12 months •• (i) X 60 days Minnesota X(v), (W) y X 4 months • X •'• . •/• •" Mississippi.' (w) x 6 months X '-'i- Missouri.. V - X . . X 6 months Montana X(x) VesCy) X • 3-4 months Nebraska Yes . X(z) 3 months X '' ':% YesCaa) X "x 4 months New Hampshire. X(aa,ab)... . (i) . X. . 6-7 months X Yes • X • • ' S-8 months X '• '0 No " (ac) • • ,2 months New York .'. X X(ad) Yes X 9:i^nths North Carolina.. X(v) No X 3'months X" 3 months. North Dak6ta... •••'• (ae) < x , • • Ohio.. X(k) (d.j') (i) • X . •• 4 months i Oklahoma...... *-X ' r • , X ••-' 4-S months « X t Yes • 2-3 months Pennsylvania... X X ' • Yes X 6 montTis X ". •• * •;- . ••• RhodeTdland... (a) No X(g) 6 months. South Can^Ilna.. X x^- • Yes X X _ 3 months • South Dakota... X (i) . X(ac) 2-3 months- X(h) • • Ycs(af) , X 6-8 months Texas. xdo •• •.•. .A X(ag) • ...' f • 3 months X(aa) , (ah) •X(g) 2 months X •, \(i) X 6-8 months f Virginia X X(g) • •• •' 3 months X * (n) X(ai) 6 months West'Virginia... 'x M X 6 months . _ (aj). X(ak)- VPS X X 4 months X • f .. . (y)\ X 3-4 months Guam X . X Yes X '•• ,.3 months' \' Yes - X'g) 6 months Puerto Rico.,... « X . . r •^ ~\ J LEGISLATURES AND LEGISLATION SB- LEGISLATIVE PROCEDURE: BILL AND LAW PRINTING PRACTICES—Continued 4 , " ». o^ (Footnotes) ** \ jMay. include alternate forms of bulk duplication. • (t) Senate and House floor and'aommittee amendments are tTimejjf printinE of session laws may vary from year to year-; printed in journal. .^r" figures are approximations. * ' ' « (u) Committee on Reference of .Bills generally directs the (a) Bills may be printed at any stage. In Alabama unusually printing of pending legislation prior to referral to committed. Important or controvepiiat bills and appropriatfon bills are ^ Bills are usually printed. . . ' , printed at t^e order of either house, a standing committee of (v) All bills favorably reported by committee or reported either house, or the chairman of a standing committee. without recommendation 'and, further, a bill may be ordered (b) Printed by offset upon introduction. ia^°""^'^'''^"''^'^'' printed by a majority vote In either house. favorable reportby committee a file copjv of mil Is printed- (w) Optional. • (c) In the House If ncf objection..^by Committee on Printing; (x) One-third vote in House and majority vole In Senate In the Senate unless other^vlse ordered. -may order a bill printed at any time. a (d) .Mandatory before passage; optional on Introduction. • (y) Amendments are'mimeographed. In Montana they are I (e) After Referral Committee orders "bill to be printed. - incorporated into the printed bill if they are-approved in time. (0 Only if adopted. Either on second or third reading or as (z) Printed before passage, final reading. Also may appear recommended by Conference Committee. ' • ip Supreme Court Journal/ (g) .In limited quantities; In Cpnnecticut and Utah a limited (aa) Unless otherwise ordered. . . number of engrossed copies is available; in Kansas a limited (ab) After second reading, which is by title only, bills are re number of enrolled copies of more Important enactments fre ferred to committee and then printed. quently is ordered by Senate and -House, and state agencies (ac) Laws with emergency clauses^ In New Mexico photo- .1 -,. sometimes reproduce copies of enactments of particular inter- offset copies are available from Secretary of State one week •est; in Rhode Island certain important measures are available after signature. In South Dakota they are available imme in slip law fotm; in Puerto Rico each house issues a limited diately. number of pamphlets containing the engrossed copy of bills and (ad) All bills, if reported *ith amenjlments or amended In joint resolutions approved by the Governor which appear within- the Senate, are reprinted Immediately.unless amendment re 45 days'after the Governor approves last bill, and the Secretary stores bill to earlier printed form.. , of State prints limited quantities of the most important meas (ae) Reprinted on colored paper if amended (Sxtensively in ures approved in'slip laws. house of origin. Other amendments printed in journals. (h) General bills only are printed. In Tennessee local bills (af) Upon reccipL by the Tennessee Legislative Council, need not be reproduced; in Texas bills of general application (ag). House bills 3f,Keneral. interest becoming law are printed arc printed after committee approval, local bills are not. In as an appendix to daily House Journal. In addition, the pub Louisiana, Senate bills are printed on introduction. House bills lishing company which holds th; printing contract for the les- only upon committee report or by order of ihe House. ^sion laws publishes an advance she^t that appears at Intervals (i) In the journals. In Oklahoma, in journal except foq£om- during and after the session a3 bills are signed by the Governor. mltteluiee ooif the Whole amendments. • This service Is furnished to the persons aubacribing to the An 0) IIn the House. notated Texas Statutes. (W InI the Senate. \ (ah) If over ten words, must be printed for me;nbers. 0). ReRedraftd s of bills arc usually printed. (ai) Appear as "temporary publications" with five or six (m).When adopted on second reading. numbers per session, the first volumes apiiearing during the (n) fleprinted if amended. In Iowa, Virginia and Washing-, session. . : ton if extensively amended bill is usuallyreprinted. (aj) Upon motion. • (o) Committee and second reading amendments.are incor (ak) Statut.;s authorize the printing of bills between sessions. porated in-reprinted bill. Except for bills resulting from interim legislative studies, pre (p) Companion bills art not printed. ;^ printed bills may not be distributed until the legislature con- (q) Bill reprinted wfth committee amendments in heavy type. . veiiea. . ' ' • • (r) Upon receipt, by'LegisIative Riesearch Commission. :% ' (s) General Assembly version incorporates house of origin amendments. , -." - \ <• V IT ' /^ <.>/ /, f /> /^ V 54 ; : THE BOOK OF THE STATES '^ V LEGISLATIVE PROCEDURE: HOUSE AND SENATE ACTION Readings Roll calljon final passage; t mandatory onrequest of Majority On of members . Stale or other separate ^Senate House Electric roll required to pass jurisdiction Number days . In full members members call device bilUa) Mabama...... 3 Yes 3rd All bills All bills House Present- & voting Alaska.;...... 3 Yes(b) 2rid(c)- All bill3(d) All bill3(d) • No. • Mc^mbership Arizona..' 3 . Yes l8t(e). 2nd(eif. 3rd 2 2 House Elected' Arkansas...:...X 3 Ye3(e) 1st. 3rd 5. S House Elected 'California , 3 Yes(e) 3rd 3 3 Assembly Elected ColoraAo.j,^.... 3 (f) 2nd(g), ^rd(g) - All bills All bills No -^ ' ) •• • - • ' ' • . ••-•..• ' • . Days after Fate of Bill . , • , - v which bill f—after adjournment—\ becomes • Days after Days,after ' Votes required _ Constitution prohibits , >• law (before which bill which bill Item veto in House and' Governor from vetoing adjourn-- is law dies 'on appro- Senate to pass bills ,—r:^—''—^ —-^ • State or- other ment) unless unless . unless '' priation or items Initiated Reftfred jurisdiction vetoedtk) vetoed{k) tigned^k bills , over rrfo(a) measures ' measures -Alabama..;...'.. 6 ... 10 •*• Majority electejl « ^b) (b) ^ Alaska. IS ,20 .. •*• Tltree-reurths elected • ' .. .• Arizona... 5 10 . .. -k Two-thirds electe'd (c) • -k . Arkansas...... "S 20(d) .. * Majority elected •*• -k California. ! 10 .. 30 •*• Two-thirds elected •*• * i Colorado.... 10(d) , 30(d) .. • Two-thirds elected • • Connecticut.... • S(e) I lS(d) .. -k Majority present (b) (b) " Delaware. 10 • | 30(d) • Three-filtba elected (b) T (b) Florida 5 f 20(d) . .. • Two-thirds present' . (b) (b) Georgia(f).. / S •, .. ; 30 • 7wo-thirds elected . (h) Hawaii i.:..- 10(e) j 4S(e,i) •• (e.i) •* Two-thirds elected ^ (b) . (b) Idaho.wi,..:;..... 5 • I 10 .. . k Two-thirds present .. : ,. Illinois...,;...... 10 . j 10 .. • Two-thirds elected . (b) ' fb) Indiana..;...... r 3 i ' •»-S(d,j) .. .. - Majority elected (b) ' . . (b) Iowa..... 3 ( (1^) 30 ;. . Two-thirds elected .. Kansas.. 3 / . .. , (g,l) • Two-thirds elected . (b) (b) . Kentucky..,.,.. 10 | . 10 ... ' • • Maforityelected ' .. Louisiana 10(d,'m) . 20(n) .. •*' Two-thirds elected (b) (b) Maine.... /_ S \ (6) .. .. Two-thirds present' ' (p) •*• Maryland(q) ... .61 '. .. . 6(r) • Three-fifths elected (h) .. Massachusetts.. S{e) .. (s) k Two-thirds present ''• k ' ' • 'k Michl^n...... 10 ' 5 • Two-thirds elected • • . * Minnesota 3 . .. 3 •*• ^ Two-thirds elected (b) " (b) Mississippi...... 5 (o) .. • Two-thirds elected (b) (b) Missouri.... . (t) .. . 45 • • Two-thirds elected k k Montana...... S .. . lS(d,u) ' :*• Two-thirds present k k Nebraska ..' , S 5 .. • kiy^ Three-fiftiis elected • ilr •*• , Nevada...... 5 10 .. • .. ' Two-thirds elected ^ * • * « • • • ; • . . . < • • • • ^ : .. f New Hampshire. 5 . . .; (s) .. Two-thirds present (b) (b)^ /• New Jersey 10(w) 45 .. • . Two-thirds elected (b) Wr\ New Mexico;,... 3 (g) 20(u) k^ Two-thirds present (h) .. '. NewVork 10 ., ' 30(d) , • . Two-thirds elected (h) ' ' .. » .No^th Carolina.. (x) (x) (x) . (x) (b) '(b) North Dakota... 3' 15(d) .. • Two-thirds elected • • • - Ohio.. • 10 . 10. .1 • . Three-fifths elected • '• " .• • Oklahoma,,.-... 5 .. .15 • Two-thirds elected(c) . * i* .Orefion. . S .. 20 .. *(y) Two-thirds present .. k Pennsylvania.... ( 10(d) 30(d) .. • Two-thirds elected ' (b) (b) : Rhode Island... . 6 10(d) .., ! .'• Three-fifths present (b) ,^ (b) South Caroliha.. 3 (o) . ... • Two-thirds present .(b) (b) V South Dakota... 3 .10(d) •*• Twotthirds present • r k-. . Tennessee...-...-. --^-•5-- 10 •,. *(z): Majority elected / (h) .. Texas...... 10 . 20(k) , .. k Two-thirds present (b) (b) Utah ;..., 5 . , 10 .. • Two-thirds elected • . • Vermont... 5 .. (g) ,. Two-third» present (b) (b) Virginia 5 .. •10(d). • Two-thirda present (aa) (b) . (b) Washindton 5 . 10 .. T»r(ab) Two-thirds elected • . •*; •West Virginia... ..5(ac) S(d) , .'. .. Majority elected (b) (b) . ••••.•• -^ • • '. • . •'•••. Wisconsin .- 6(m) , ^(m) . k Two-thirds present (b) (b) Wyoming...... 3 15(d.J0 ... / • Two-thirds elected (b) (b) Guam.. 10 30 (g) / * Two-thirds elected (b) (b). Puerto Rico.;... 10 ' .. . .30(d) * Two-thirds elected •• . •• (a) Bill returned to house of ortgtnwith objections, except measures and if legislature stislains veto, measure Is referred In Georgia, where Governor need not state objections, and in to vote of pjeople at next general election, Kansas, where all bills are returned to House. (q) 1950 constitutional amendment required any bill vetoed (b) No provision for initiative or referendum in state. after adjournment, or dying because of pocket veto after ad- (c) Three-fourths in case of an emergency measure. journment, to be returned to the legislature when it next con- id) Sundays not excepted, venes. for a votea>n overriding the veto. .However, a 1960 con- (e) Sundays and legal holidays excepted. • stitutional amendment el'minated the requirement for return- (f) Constitution withholds right to veto constitutional, ing any vetoed bill to the legislature if anew General Assembly amendments. ^ • " has taken office since the passage of the vetoed-bill. (K) Unsigned bills do not become laws after adiournment. Jf) Within 6 days after presentation to the Governor, "re in Kansas the Governor can neither .sign nor veto a bill after • gardless of how long after adjournment, adjournment. . (s) Within 5 days of receipt by Governor. In Massachusetts, (h) No provlaionydr Initiative In state, in practice General Court not prorogued until Governor has • (I) If bill is'presented to Governor less than 10 days before acted on all bills. . adjournment and he Indicates he yill return it with objections, , (t) If Governor does not return bill in .15 days, a joint re«o- leglslature can convene on 4Sth day after adjournment to con- lution Is necessary for bill to become law.' sider the objections. If,' however, legislature fails to convene, •-• (u) Governor must file bills with Secretary of State, bill (foes not become law. '. (v) Governor may not veto items in budget submitted by (j) Bill becomes law If not filed with objections with Secre- "^himself after It has passed legislature with three-fifths vote, tary of State within 5 days after adjournment in Indiana, and 15 (w) If house of origih is In temporary adjournment on .10th . days after adjournment In Wyoming. . day,'becomes law on day house of origin reconvenes unless re- (k) Sundays excepted. ' . • turned by Governor on that day. Governor has power of veto 0) In practice, the legislature closes consideration of bills after repassage of bills in amended form with condition bill must 3 days, befocB adjournment «n«. ^ w w \ 1960 AND 1961 SESSIONS, INTROmJGTIONS AND ENACTMENTS L , _ , • • \ /AS ( 3er 01, ivDJ s • V .. • ' • Di xjecemi \tf 1 No. of . Xo. cif No. of : No.'of State or irilro- . • enact 1 intro- • ' enact '. other jurisdiction Convened • Adjourned (a) jductions ments Convened Adjourned (a) , duclipns ments Alabama. May 2. 1961 Sept. 1. 1961 2,389 1.045 • Sept. 11, 1961 Sept. 15. 1961 569 320 Alaska... Jan. 25. i960 MarW29, 1960 296 ,187 ^* • Jan. 23, 1961 .'VpC. 6, 1961 463 . 147 1 '. t ' • ^ Arizona'..... •Jan; 11. 1960 Mar. 26, 1960 598 107 Jan. 9. 1961 Mar. 24, 1961 ' 638 156 July 17, 1961 July 31. 1961 Tg - • "4 . Arkansas.... Jan. 9, 1961 Mar. 9, 1961 V 1.175(b) 505 Jan. 19. 1960 . Jan. 21. 1.960 30(b) 12 - Aug. 24, 1961 Sept. 1; 1961 119(b) _^65--. Sept. 18. 1961 Sept. 21. 1961 .44(b) ''"'^^14 • • /' California. Feb. 1. 1960 Mar. 26, 1960(c) . 42 .14 Feb. 1. i960 Apr. 7. 1960(c) 170 • 82 Jan. 2. 1961 June 16, 1961 4.703 2T232 Mar. 2, 1960 Mar. 10. 1960 7 , 0 €k>lorado.; Jan. 6, 1960* Feb./19, 1960 251' 78 Jan.-4, 1961- Apr. 1, 1961 ^ 756 » 282 June 7, 1961 June 9. 1961" 5 • 5' •..• Connecticut. Jan.>l, 1961- June 7. 1961 4.194(d)--^ 1.362(e) ' Delaware.... Jan. 6, 1959(0 Nov. g, 1900(f) 1,087 345 s •••• • Jan. 5, 1961- Dec. 18i 1961 1.114(b) 335(g) V ' " Apr. 4, 1961 Florida June 2, 1961 • -^-—448.?:——- -3;0J1 _^ '. ..•<. Jan. "11,. 1960 659(h) •^ Feb. 19. 196a-''''^ ttTJ74 , •, > . *•• Georiiia..... Jan. 0. 1961' Mar. 6. 19^i) 1.264 618(h) ^ • ' " Feb. 17 , 1960 Apr. 21. 1960 1.208(b) 26 June 13. 1960 Julyl..J960 - . 92 (by . '; 12 . Ijawail...... Feb. 15 , 1961 June 3. I9.6l 3.173(b) ' 195 '"'.'.. Jan. 2, 1961> Maf{2, 1961 651 - 332 Aug. 3, 1961 . - Aug. 4. 196i " 11 . 1 Idaho ,•• .'«•.. May 3, 1960 May 25. 1960 23 14 55 Illinois • ''.'• J *, May 11, 1960 May 23. 1960 7 3 Jan. 4. 1961 June 30, 1961' ^ 2.680 1.197 Oct. 10, 1961 Nov. 26. 1961 59 19 Indiana.'. Jan. 5. 1961 Mar. 6. 1961 1.128(b) 372(e) • >. 1 '. Iowa..... Jan. 9. 1961 May 6. 1961 1.337 350 ; , Kansas.. Jan. 12, 1960 . I-'fcb. 10, 1960 104 62 ' " ' ^ • fe. ^ • " Jan. 10. 1961 Apr. 12. 1961 , 897 470 ", • ^ Kent;ucky. Jan. 5. 1960 Mar. 18. 1960 1.048(b) 309(b) Sept. 9, i960 Sent. 23, 1960 30(b) • 11(b) Louisiana. May 9, 1960 July 7. 1960 1.759 646(h) . , Nov. 4, 1960 -s^ N6v. 15, 1960 29 - 29 **•*<. ...Nov. 16. 1960 . " Dec. 15, 1960 9 . » 7 .;••••"/. . cT Dec. 17,'I960 •Jan. IS. 1961 •21 •• 4 . May 8. 1961 June 6. 1961 310 101(h) ^ Jan. 16, 1961 • Feb. 14. 1961 . 1 0 Feb.-15, 1961 • ^ Feb. 26. 1961 IS 11 Maine Jan. 4, 1961 J,une 17. 1961 1<;489 JMd) Jan. 19. 1960 Jah. 29. 1960 . •'52 450) JjL , •• - "^ Nov. 27. 1961 Dec. 2.1961 67 51 Maryland Feb. 3. 1960 3!rMar. 3, 1960 329(b) . 1.36(b) June 9, 1961 June 9. 1961 21(b)' 14 Jan. 4. 1961 Apr. 1, 1961 1,649(b) • 958(b) .Dec. 6, I960 Dec. 9. 1960 10 '- -2. " Massachusetts. Jan. 6. 1960 Nov. 24, 1960 4.205 941 (j) I- . . Jan. 4. 1961 May 27. 1961 3.905 755(j) . . ' ' ' Michigan. .-..[,. Jan. 13. 1960 May 18, 1960 825 163(e) Sept. 23. 1960 Sept. 23, 1960 2(b) . 2- • ' '4 Dec. 7.1960 Dec. 12. 1960 2 . 2 Jan. 11. 1961 June 9. 1961 1.120 23*9(e) June 15.1961 June 15, 1961 1 f- 0 Minnesota.'. ., Jan. 3, 1961 Apr. 17, 1961 3,749 •757 • Apr. 24. 196F House—June 7, 1961 549 --' 100 Senate— n JnneS. 1961 *«» . * Dec. 18.1961 Dec. 21, 1961 ' 53 3 Mississippi. .. Jan. 5. 1960 ]ilay il. 1960 1.753(b) 753 Aug. 23. 1961 Aug. 25, 1961 "23 .20 Oct. 17. 1961 Oct. 21,19Sl^ 18(b)- 12(b) Missouri Jan. 4. 1961 July 15. 1961 1.171 360 f • De-. 19, 1960 - Dec. 23. 1.960 1 . '. 1 •. Montana. ... Jan. 2»J96l 'Mar. 9. 1961 .824 328 V - . • • .* - Nebraska Jan. 3?%961 July 8, 1961 737 . 465 N • Aug. I. tP60 • Aug. 9, 1960 • », 3 3 • - •• Dec. 1-2. I960. Dec. 19. 1960 /« 2 • 2 / •^ . • V*- I- . Nevada...... Jan. 18, 1960 Mar. 12. 1960 S30(b) 344(b) . Jan. 16, 1961 Apr. 1, 1961 . 821(b) 459(b) New Hampshire. Jan. 4, 1961 July 1. 1961 • ' * .709 360 New Jersey..... Jan. 12. 1960 "Jan. 10. 1961 <^ 1.127(b). ••226(e) J^n. 10. 1961 (k) . 1.138(b,k)—• 13.0(e,k) "Kew Mexico... Jan. 10, 1961 Mar. 11. 1961 1,142 471 N . •'• New Yorlc... Jan. 6, 1960 Mar. 31. 1960 8,662 1.0'89 Jan. 4. 1961 Mar. 25,1961 8,837 970 • AuR. 21. 1961 t Aug. 21. 1961 \ 2 Nov. 9, 1961 • Nov. 10, 1961 J 23 North Carolina. Feb. 8. 1961 June 22, 1961 1.776(b) 1,298(e) North Dalcota,., Jan. 3. 1961 Mar. 5. 1961 865 471 o. Jan. 2. 1961 N0V..2I, 1961 1,715 387 Sept. 22. 1961 Sept. 22. 1961 0 • "• ; • • ' Nov. 28. 1961 Nov. 30, 1961 0 Oklahom: 3. 1961 July 28. 1961 , .1.572 . r 852' - • • • V Oregon 9. 1961 May 10. 1961 2.824(1) 726 Pennsylvania. 5. 1960 Nov. 14. I960 143(b) •3 ' '.•>•• 3. 1961 Sept. 1. 1961 3.052(b) . ,812(m) - Rhode Island.. 5. 19.60 Jan. 3, 1961(n) . 1.444 61'9, Jan. 961 June 2. 1961 1.601 649 South Carolina Ja:n. 12.' May .27. 1960 1.314 609 Jan. 10. 1961 May 18. 1961 673 77 V. ' . ' . South Dakota..... • ''•••••• Jan. 3. .1.961 -Jklar. 3, 1961 • 922(b) 498(b) k Tennessee...-...... Jan. 2, 1961 MSn-tZ. 1961 . 2.052(b) 817(b) Texas...... T..... Jan. 10. 1961 May 29ri^64,_^ 1..721(b) • S50(e) July 10.' 1961^ Aug. 8. 19.61 233 62 & • Aug. 10,1961 Aug. 14, 1961 12 3 i oi Utah Jan. 9. 1961 Mar. 10/1961 - ' 634(b) r~ • 251(b) •• *^ Vermont..... Jan. 4. 1961 Aug. 1. 1961 660(by / 415(e) i / :«*-:f Virfiinla ...... Jan. -13. 1960 Mar. 28. 1960 - 1.079 ' 615 . Washington Jan. 9. 1.961 Mar. 9, 1961 1.429;(1) 3S0(e) Mar. 10, 1961 ^:;Mar. 3lv 1961 144 35 West Virginia...... Jan. 13. 1960 Feb. 11. 1960 109^ 39 Oct. 3, 1960 ^Ott: 5?19i60 . XS 2 Jan. 11. 1961 Mar. 11. 1961 785 "6.. June 14; 1961 June 16. 1961 36 13 Wisconsin..:..'.. i. .... — Jan. 11. 1961 "(o) 1.731(0) 643(b) JVyomlng...... Jan. 10. 1961 -Feb. 18. 1961 '-•>;=.;i,528 .256 •».' •^fuani.. Jan. 11. 1960 Feb. 27, 1960 * ^N ^ J43(b) 1.46 Jan. 7. 1960 ' Mar.'3, i960 .28(b) 14 July 11. 1960 Aug. 9, 1960 - -Mar. 2. 1960 Mar. 4. 1960 . • • ^ Jan. 9., 1961 '. Feb. 7. 1961 442(b) 48 June 12. 1961 July 11. 1961 Jan 11, 1960 June 25. 1960 • 742 270 Dec. 14. 1960 Dec. 16. 1960 1 1 Jan 9. 1961 May 31. 1961 2.017 ,230 . ^ July 31, 1961 Aug« 18. 1961 12 13 . .• A ' .' : .-\ug. 21, 1961 Sept. 9. 1961 9 10 . Sept. 12, 1961 SejJt. •22. 1961 4. 1 Apr. 11, 1960 June 9, 1960 •230 105 ^ Jan. 18, 1960 Jaru 21. 1960 24 22 Apr. 10, 1961 June 8. 1961 - ' . /189 . 1/33 . Sept. 8, 1960 Sept. 8. 1960 3 3 Oct. 23, 1961 Oot. 30. 1961 > 27 27 Dec. 4. 1961 Dec. 5. 1961 5 • -5 • (a) Actual adjournment dates are Hated regardless of constitutional limitations. (iV Recessed February 2—February 20, 1961. . lb) Includes bills and resolutions. • ' ' (j) Includes resolves. * •' • • (cj Recessed .February 3—February 29. 1960. >• (k) Still in-session as of November 1, 1961. Introductions and enactments are as of (d) Includes bills, resolutions and petitions. - ' November 1; 1961. • • / . " , (e) Includes acts and resolutions. ' (1) Includes bills, resolutions and memorials; (f) The 1959 session in Delaware was held over to 1960, and met concurrently with the I960 (m) Includes acts and joint resolutions. budget session. (n) The 1960 session-did not adjourn^ The Attorney-General ruled that it expired with the (g) As of December 31, 1961. Governor has several months in which to sign the bills on his convening of the 1961 session. desik . (o) Adjourned August 12-^Octbber 30. Introductions, enactments and length of session- (h) Includes constitutional amendments.. are aa of,August 12, 1961. • . !. , f \- C" ." ; w. \ fkPPORTIONNfENT OF LEGISLATURES "^ As of Novembei'-l;, 1961 Citation: ^. FrequenCy-ofjrequired article reapportionment / and , ^-t -""""- ^^ section. Required '• Other .1 DaUsof .of -Basis 5/ apportionment-— -\' ev^ytO. schedules for}, *v.; Apportioning' last tvo State or otjier jurisdiction constitution Senate . 'House years^ re'apportioiiing ., agency : apportionments Alabama. IV. SO; IX. Population, except no Population, but each , X Legislature. 1901 1880 197-203; —district more than one cduhty at least one., XVIII. 284 member. rngmber. ' , Alaska. V*!, XIV Area.withpopulationfac- Population (civilian). X Apportionment board: its .rec 15S6^ 1953 tors; combination of 19 districts; ommendations are reviewed, house districts into four • ' ••. • and coniirmed or changed by at-large districts and a •>; ' / the Governor. varying number of • . •"• ' / minor districts. Arizona IV. 2. 1 (1) District3 3pecifically.es-. Votes cast for Governor . .. After every guber- No provision for Senate; redis- 1958 1956 tablished.by^onstitu- ^ al.laat preceding gen- ; natori&l election • tricting 'for Hou'sie by County tion-*•— . ' • eral election, but not (every 2 years). Boards of Supervisors.^ less than if computed & ?• on basis of election :•••'••• '• •••• •'.. •.i>^"-"-7 of 1930. ^ ' Arkansas. yill. 1-5;. Senate Is fixed Ja) Each county at least X Board of Appprtionme^it (Gov 1961 1951 Amndt. onemernber;reniain- ernor, Secretary of State, and XLV —,• ing.membersdistrib- Attorney General). Subject to ' uied among more revision.by State Supreme' populous counties ^ Court. according to popula tion. California., IV. 6 Population, exclusive of' Population, excUisive X . Legislature or, if it fails, a re- 1961 1951 ••// . persons ineligible' Ux of persons ineligible .. apportionment commission naturalization. N^ to naturalization. (Lieutenant Governor, Con- county, or city and ' troUer, Attorney CJeneral. Sec ' j:ounty, 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 J ties in any district. to a referendum. Colorado.... V, 45-47 Population ratios. Population ratios; .. ' , Every 5 years(b) General Assembly. 1953 .1933 Coniiecticut. III. 3. 4. 5 Population, but each Two members from each Senate ^ General ^ssen^ly for Senate, no H-1876 1818 • county at least one .-town having over"': ~ provision for House. . S-1903 .... . •• memi)er. . 5,000 population; ' ^~ ~ ethers, same num- bee as in 1874. Delaware., II, 2 Districts specifically es .'Districts specifically No provision ^ > J897 tablished by conatitu- established by con V . . . . . • tion. stitution., , ~ Florida..;..... i VII,3,4 Population, but no 3 to each of 5 largest X. ..Legislature.- » H-19S5 1945 . county more than one • counties,, 2 to each- member. of next 18, 1 ^h to. others. • V Georgia. Ill, 2: (Par. 1). Territory..-but no Population, i.e.. 3 to- X General Assembly "m^" change 1961 , 1953 3 (P»a. 1, 2) _ senatorial district more •. each.of 8 largest senatorial districts. Shall than one member. counties. 2 to each of change House apportionment next 30, 1 each to at fjxat session after each U.S. others. cen^s. - ° Hawaii.. 111.2,4 Districts specified bjt Population,. but each X f- Governor. " . ^ 1959 1<>S8 . constitution. ,\county at least one. Idaho...... 111.2,4,5; One member from, each TotalHouse not to ex Legislature. 1951 't941 XIX, 1, 2 county. ceed 3 times Senate. •Each couitity entitled to.at least one repre- sentative, appor tioned as provided by law. 1 Illinois..«...... IV, 6, 7, 8 Fixed districts based on Population. House Senate is fired. General Awet .bty or, if it fails, 1955 19UI . area. ' . a 'reapporiionment commis sion appointed by the Gov •v.. ernor. . Indiana •...... IV; 4. 5, 6 Male inhabitants over Male ibhabitants over > Every 6 years. . General Assembly. ' 1921 19^5 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 '^ county more than one . and one additional - • .•• S-1911 1906 ..member. . • to each.of the nine <• si 'most populous coun-:^ •'• ^•/ • i- • •• • ties, r (^ Kansas.... II, 2; X, 1-3 Population, Population, but each Every 5 years. Legislature. . H-1961 1959 to : • county at least one. * • ' • ! N. • • • S-1947 1933 Kentucky. Sec. 33 Population. Population, but jio X General Assembly. 1942 1918 more-than. two coun- . ties to be joined in a ^^" district. IT' Louisiana. Iir, 2-6 Population. Population, but 'each Legislature. 1921 1902 parish-and each ward of ' New Orleans at .7 least one member. * Maine.. IV. Pt. 1,2.3; Population, exclusive of Population, exclusive House(c) L«?gls]ature. H-1961 1955 IV, Pt. II, aliens and Indiana hot of aliens. No town S-1961 1951 1 -ik taxed. No county less more than seven than one nor more than members, unless ' a t .^ • five. '••: ' consolidated town. " V Maryland. III, 2r5 - One from each county Population, but mini-'. Membership -frozen .for House; 1943 and from each of six - mum of two and . ng. provision for Senatie.'. districts constituting maximum of six per Baltimore city. county. Each of Bal- .^timore districts as many members as largest county.(d) .*.. Massachusetts'. Amdt. LXXI. /Legal voters, Legalyoters. General Court. • H-1947 1939 S-1960 1948 Mlchiitah...... V, 2,-4 Districts specifically pre- Populatibn:(e) « House Senate is fixed. ture or. if it-fails. State 1953 1943 ' bribed by constitu- Boajo^s^C^rryasserij appor- nion. '•'-— ^^scT'Senatg is fixed. —^— tions -f i S . /^,. . ^ APPORTIONMENT OF LEGISLATURESc-Continued / - As of November Ij 1961 . " -.: • Citation: FreQuen£y of required article reapportionment' . and Section •••./ Required Other Dates of of -Basis of apportionment • every 10 t schedules for J Apportioning '•^ last Iwo ^tate or other jurisdiction constitution Senate House years* reapportioning: agency apportionments u Minnesota..,,...(. IV..2, 23. 24 Population, exclusive of 'Population, exclusive And after each Legislature "shall have power." 19S9(g)-,Jl913 nontaxable. Indiana, (f) of nontaxable In ^te census. dians, (f) *. Mississippi. .XIII.254-2|6 Preacribed by constitu Prescribed by constitu X Legislature "may." 1916 1904 tion. tion, eJaich county at least one. Counties grouped into three divisions, %ach divi-. sion to have at least .44 members. • ' Missouri.» III, 2-U Population.: Population, but each House: Secretary of State appor- 1961 - 19511 county at least one tioneuamong counties; county member. courts apportion within coun ties. Senate: by commisaidn . appointed by Governor. Montania...-...... V, 4; Vl. 2-6 - One mem'ber from tech PopulationiTaut.at least X Session following Legislative Assembly. "' _^ 1961 195t countyi one member'"" froni' federal census. s '. ' . ", • , " each county. Nebraska...... III. 5 Unicameral legislature—population. .From, time.to,time, .Legislature "may."^ 1935 • 1920- :. excluding aliens. bii't rio'pftener than •'•'•••• • • / orice every 10 years. Nevada ....'..'. .>.... 1.13; IV. 5 One'member for.each Population. •' X Legislature. , , 1961 ; 1951 county. •..) New Hampshire... Pt. 11,9, 11,26 Direct taxes paid. Populatipn>(h) House Senate—from time General Court. H-1961 1951 • to time. S-1961 1915 New Jersey...... IV.Ii,l;sIV, One member from each Population, but at least For lower house, Governor ap-.. 1961 1941 iii. 1 • county. V--one.member ffom . portions among icpunties; Sec each" county.' •' retary of State certifies to •"county clerks. ., New Mexico...... IV, 3 One member from^ each At least, on.e -member: X Legislature "may." 1955 194» county. _ ' . : for each county and additional represent- . atives for moi:e pop ulous counties. NewYoik..r...... 111.,3-5 Population,.excluding Population, excluding" Legislature. Subject to review 1954 1944 aliens. Nocounty more aliens. Each county by courts.- member. ' " ••;. • ."J. "^ Nortji' Dakotm...... :€ 1X^26; 29, 32, Set by constitution, but Population, but eftch' LeKlslative Asaembly, or if. It 1961 i93l/ 35 somewhat reflects county or district fails, a special board composed population. cntiHtd Jo one mem-/ of Chief Ju^ce of Supreme CouR, Attorney General, Sec /• \ retary of State, and MajoT' —^ and Minority Leaders of HoU8< shall reapportion House, ^ Ohio..,.....,.,'...... , XI, 1>11 Population, but each X(i} Each biennlum.(i) Governor. Auditor,, and Secre> 1961 1951 county at.least one tary of State, or any two of member. them. # 'Oklahoma.. V, 9-16 I^opulation. Population, but no X Legislature 1961 1951 . county to tiave more than seven members.(j) Orefton IV, 6. 7 Population. Population. Legislative Assembly, or failing i9£l 1954 that. Secretary of State. Reap portionment subject to Su y . •' • • ••• • - preme Courtrevlew. Pennsylvania... 11,16-18 Population, but no city Population,'but eacH X General Assembly. H-1953 ' 1921 or county to*ha^c more county at least one S-1921 1906 than 3^ of member- member. ' ship. Rlflde Idand XIII; Amdt. Qualified voters, but Population, but at General Assembly "may" H-1930 ' • WSF •' ". XIX minimum of 1 and least ' ' '• ' - • . . • -. loo.ooiw^ -• Utah IX, 2, 4 Population. ' Population. Eachcoui^i- Legislature. 1955 >1931 V - ty at least one mem ber, with additional .••'/• • ' representatlvee oo a ^^ population ratio. ' yermont.;'...... ^.... 11,13,18,37 .Population, but'each One member from each Senate Senate—or a.'ter w.ch Legislature apportions Senate; H-1793(l) \ • • ^ county" at least one inhabited town. atate census. 'no provision for House. Srl941 1931 ^ * member. Virginia .« IV, 43 Population. Population. , General AssemMy. '' 1958 1952 ' - • ^ • • ' - . . • . • ' ^ <» /^ •f \- ^ o * rAPPORTIONMENT OF LEGISLATURES-Concluded ' , As of November 1, 1961 > " *> Citation; Frequency of required article reapportionment. and section Required Other Dates ot/ - Basis of apportionme:meat- every 10 schedulesfor Apportioning ^' last two State or other jurisdiction . constitution Senate .mouse years' reapportionini agency apportionments __f_ __ —r. WaBhinslton.. Ii;3.6;XXII. Population, excluding Population, excluding Legislature, or by initiative. 19S7 1931 1,2 Indians not taxed and Indians not taxed and soldiers,' sailbrs and . soldiers, sailors and '^• officers of U. S. Army officers of U. S, Army ' and Navy in active and Naivy in active service. ' service. West Vlrjilnla. ... .VI, 4-10, SO, Population, but no two Popiflation, but each Legislature. 1950 01^0 . members from any> c6unty at least one county, unless one member, .county constitutes a district. / Wisconsin... i IV. 3-5 Population. ..Population. Legislature. 1951- 1921 Wyomlnft Ill, 3; III, 2-4 Population, but each Population, but each Legislature. 1931 1921 county at' least one county at least one member. member. _ GuanriM Organic Act: Legislature elected at large. r 1950 {2d), ^ ^. Sec. 512 Puerto Rico III. 3. 4. 7 Two senators for each ot One representative for Board composed of Chief Justice 1952 1917 eight senatorial dis each of 40 represent- and two additional' members tricts, and eleven at . ative districts and representing different political large. •• 'eleven at large. parties, appointed by Gover nor With Senate consent. 3 '*. • . ,k •,Every ten yeaJ», or after each federal census. additional to the first, twice the number of inhabitants required for the first, with the provt.' .... y Abbreviations: H—House; S—Senate. sion that a town or ward which is not e'htltlcd to a representative alt of the time may send (a) Amendment adopted November, 1956, "frore" the senatorial districts as then estab one a proportionate part of the time, aJid at least once in every 10 yean. • ^ lished , Future apportionment of the Senate will not be .made. (i) At the reapportionment followinK the decennial census, a-ratio is established to.pro- (b) Required every five years, after each federal and each state census, vlde-f or fracfional representation during the succeedins decade. Any county" or senatorial dis (cj Constitutional provision "at most ten years afid at least five." trict with a population larger than the minimum requirement (or Representative or Senator, (d) In 1948, membership In House frozen at then existing levels. but not as large as required for an additional full Representative or Senator, is allotted frac (e) Any county with a moiety of ratio of population is entitled to separate representation. tional additional representation by adding a Representative or Senator for one to four of the -. (fT'Section on Indiana is still in constitution but is'Ineffective due to federal lesislation. legislativ^scssions during the decade. " .. ' (K) Effective In 1962. (j) In practice no county has less than one member. (h) Amendment adopted In November, 1942. sets the membership of the House of Repre (It) In 1945 a tlotorlal district was changed to elimlrtate one county. sentative* at not more than 400 and not less than 375. It requires, for each representative ID Apportionment plan for House is provided in the constitution with'no provisions for. i -a • , • . • . . reapportionment. House apportionment thus dates from adoption of constitution in 1793. ""^ . • .- ' ! • '. . • . ' • •••'•/•-..-:.•*'••. i\ \' •^ I LEGISLATIVE SERVICE AGENCIES \^ •••„_..•• # / BY HERBERT, L. WiLTSEE* /. "•er V A LL OF" THE 7,800 members of our fifty 5. Counseling of legislators on legal •A\ .state legislatures have the advan- questions. • * ^ •^ ^ tage of at least some staff services. 6. Advance study of important sub- These services vary greatly. Most legis 'jects expected to come before future ses lators now obtain such assistafice on nu sions. merous aspects and^t various stages of 7. Development of recommendations legislative business; in an ever smaller for legislative, and sometimes administra group of states'the aids are confined to tive action, the most bijsic neisds, such as drafting of 8. Continuous review of state reve- bills ary|^resolutions, or even to the cler jiues and expenditures. .V ical aspects of the business*^of the Senate 9. Systematic budgetary review and and House of Representatives; analysis. Of comparative antiquity are the offices 10. Post-audit of state fiscal operati^jis. of Chief Clerk, .Secretary, Sergeant-at- Arms and others concerried with keeping LEGISLATIVE REFERENCE SERVICES the records, maintaining decorum and Thel oldest of these institutiona^zed performing other housekeeping tasks of forms of assistance are the legislative ref the legislative houses. Except for these, erence services. These aids, in the form the rise" and. spread of various types of of specialized reference, libraries or col permanent legislative service agencies are lections, now are provided t6 legislators twentieth cea^tury developments. (^eiWice in forty-seyen states—all except Nevada,- '\ agencies of this nature have been oc North Carolina and Utah. In these, some casioned largely by the ihcreasing number alternative help is provided: by the Legis and complexity of the problems confront lative Counsel Buleau and other service ing our legislatures and by the mounting agencies in Nevad^, by the Institute of costs of government. They have become a Government in North Carolina, by the necessary means'of eiiabling the law-- Legislative Council in Lteih. Idaho's leg- ^ making bodies to carry out their respon islators became beneficiaries of a new ref sibilities as a coordinate brandii of govern erence service during the past biennium. ment, especially'since our state legislators Following action ip the 1890's in New topically must divide their time between York and Massachusetts in designating , legislative duties and their customary em divisions oHheir state libraries for spedial ployment. aid to the leglslatuiie, Wislzonsin iff 1901 Major areas of assistance for legftCators established its Legislative Reference Li which have taken institutional foriji in brary as the first permanent agency pro recent years include: viding legislators with varied services. In 1. Maintenance of^pecialized legis die early years of the century,-'these came - lative reference librariesi^ to be viewed as tlie reference "family" of 2. Spot research assistance on any sub services—the specialized Tefiprence library ject of legislation. ^ strewing materials on state gQvernnient; 3. Drafting and checking of legisla so-called "spot" research afid, occasion tion. . ^ * ally, resezfrch reports of impressive pro- * 4,^ Statutory, code and law revision.' portions;^ bill drafting; and the prepara *Mr. Wiltsee is Director of the Southern Office tion of a wide yariefy of manuals and of the Council of State Governments and Secretary directories, indexes arud digests of legis of the National Legislative (fonference. lative materials, periodicL reports on. the 63 \ K^ '-kii % ^ 64 THE BOOK OF THE STATES- content and stattfTof bills, and newslet-', these activities. New York created a bill- •tiers. To these, some reference agencies , drafting staff in 1900; Wisconsin followed later added statutory revision. . ' the creation of its bill-drafting Legislative ; The legislative reference bureau move- ^ "^Ref^rence Library in 1901 by establishing ment dominated the legislative service a Revisor of Statutes in 1909. Among the ii> field in .the first thifd of the twentieth other specialized drafting or revision •f,' ••* century. About tYro-thisds of the states, as agencies are legislative counsel in Cali well as the United States Congress, set up fornia, Georgia, Massachusetts, New agencies of this general nature ^nd name. Hampshire and Oregon; statutory or code . In most - instances, the agencies were revisors in about a quarter of the states; sections of the skate library, law library, code commissions in South Caroling, Ten- or department of libi^ry and archiv€|s: ^ .nessee and Virginia; and specialized di The past thirty years.have witnessed the • visions in the offices of Attorneys General rise ana spread of other types of service in. Colorado, Flgrida, Mississippi, New agencies, mentioned oelow, and a reshuf Hampshire and North Carolina. " fling of services hts taken and is taking Lodging of the drafting function in .place. At present, maintenance of spe the Attorney General, once a widespread cialized legislative reference collections practice, has been on the wane in recent and preparation of bill and law indexes years. In 1939, twenty-two states (of the or summaries are two tdsks about evenly thirty-eight which made any such pro divided between the older reference li- visions at rail) provided regular bill 'brary type of agency and the. newer legis drafting service thro.ugh she Attorney lative councils; die latter greatly outnum General; today only the five mentioned ber tlie legislative reference bureaus in above regularly use the Attorney Gen providing "spot" research assistance and eral's office for that purpose and in New m preparing major, researai reports for Hampshire part §fi the task has shijEted to legislators. Tfie number'of library-con new House and ^fenate counsels. In the nected reference bureaus that still per great majority of cases, the function has form bill drafting has dropped to a been shifted to the staff serving the legis- handful. Only those in Oklahoma, Rhode latiye council. At present, council staffs in Island and Tex^ repprtedly supply regu twenty-six states provide drafting services; lar drafting assistance, andWen in those and in fifteen std^tes these staffs also pro states age'nqies under dir^ legislative vide statutory revision service. jurisdiction have assumed a large share As now tarried on in most states, code of this responsibility. Where the reference and statutory revision consists primarily bureau is separate from the library and of revisi(^pf the form rather than the^ morp'closely attached to the law-making substance oP'the lawy i.e., the systematic branch, however, as in Delaware, Illinois, classification, numbering and comp^ation Michigan, Ohio, Pennsylvania and Wis of statute law; elimination of obsolete, consin, bill drafting has remained a^rtia- mitmoded or unconstitutional j>arts; . jor function. ' * ; rectification, to some extent,*of conflicts and inconsistencies; and, usually, reen- DRAFTING AND REVisioi^i ^ctment by the legislature of the resulting As recently as 1939, ten of the then compilation. All but nine states ^have ^orty-eight states reported no permanent established some type of foi;m revision arrangements for^ providing their legis program. Mapy proceed along the lines lators with drafting service. Today, forty- described above; and twenty-five^ of these , seven of the fifty states have made such. programs are rnaintaihed on a continuous arrangements—all except Idaho, Vermont basis, according to a study by the Council and Wyoming. "^ . of State GovernmehtS'in 1960. \ s The technical nature of bill drafting In contrast to form^evision, substan and^tatutory revision led almost half of tive revision of \ ^- s LEGISLATURES AND.LEGISLATION 65 .have followed New York's 1934 lead by tion to thosejnandated by the legislati^re; establishing agencies for the purpose, two-thirds of the councils are of the whose field of»study chiefly is so-called "recommending" type, formulating riec- ^ "priv^e" law. Legislative councils in ommendations or actual drafts of" sug-^ several states—including Alaska,. Mpn-r gested legislation based on their interim tana. North Dakota, Oklahoma, Texas research findings. Council reports pro and Wisconsin—are moving into this field, vide their legislaturesv with carisfully at least as regards substantive revision of documented and researched bases for mblic law, by undertaking 'studies delijberation and decision and thus facili;* feading to revision of major^ode sections, tate more effective participation by the such £[s insurance, banking, criminal law, legislature in formulating public policy. . juvenile code, and other^*^ In actual operation, councils generally A trend of current importance is *^he , have given added strength to their legis emphasis that is >.being given in mjyiy latures (including council members and , states to having qrialified staff review or non-members alike), and thus have draft amendments, as well as bills,^ in proven irrelevant the charge once heard order to assure conformity with legal and' that councils would become "little legis •technical requirenients. latures." By use of open hearings on important issues, in which many councils LEGISLATIVE GOUNCILS .engage, and,through wide distribution of The most significant development in reports and findings, they also provide . the legislative service field during jthe information for the press aAd public. , • second third of this century has been the Councils today are composed exclu spread of the legislative council idea. sively of legisktors (considering the Sen Following the creation by Kansas of its ate President to be a legislatoi-), with only Legislative Council in 1933, thirty-eight a few exceptions—in Georgia^ New Ha;mp- additional states have established agencies shire. South Carolina land Utah. The of this nature, excluding Michigan, which trend in practice, as in Arkansas, Connect is the. only sta|e to abolish an operative icut, Virginia and elsewhere, hag,been to council. (See accompanying tables on eliminate executive officials and private , "Legislative Councils and Council-Type citizens from membership. In size, coun Agencies.") Essentially, counci^ are per cils r^ge from five members (South Caro '» manent, bipartisan, joint (bicameral) leg lina) to 260 (Pennsylvania), with fifteen islative research committees which meet, members the median. Four states—Ne v^periodically between sessions, consider a braska,- Oklahoma, Pennsylvania and wide Variety of problems expected to con South Dakota—place all legislators on the front the liext session, direct the research council. In the thirty-five council states which bears on these problems, and de exclusive of these foiir, the ratio of coun velop solutions or alternative courses of cil size to legislature as a whole is^ne ^ction forVlie problems under study. The council member to eleven legislators. Vari resulting studies and accompanying sug ations from this average are considerable: gestions or\ recommendations are su'b- In Alaska, Arkansas, Kansas, Tennessee mitted to "th^ legislature to assist it in its and Wyoming there is one council mem-' subsequent deliberations. ber^for each four to six legislators;: in \- Councils characteristically have con Massachusetts, by comirast, the rations one tinuing research staffs; Thus equipped, to thirty-fiv^_:__ " they can make comprehensive, impartial In all states the councils are given funds analyses of public issues, frequently at for necessary operations, and typically less cost and witli greater awareness of these have risen steadily since World War impacts on other areas of state and local Jl. At present the range in council concern than corresponding interim re financing is fropi |29,500 a year in Vir > )f search performed by ad hoc committees ginia to about 1350,000 in Pennsylvania. •s» assisted by specially recruited staffs. Most (The token appropriation of $2,&60 a councils^are authorized to undertake year in New Hampshire does not, of 1^ studies ^^their own initiatjive, in addi- course, permit the hiring of customary y. \ 66' THE BOOK OF THE STATES ' V • ^ ' • • • , • ' ' "'^ • '\ staffr^as the chairman oj the council during 196i[^-61—Florida, Illinois, Ken- pointed out to that state's 1961 legislative tucky,. Mii^nesota, North Dakota, South session.)'The median annual appropri- Carolina'and Washington—each spentv ation to councils in 1945 was between more than |5O,0Q0 a year for special legis- $25,000 and $27,000; at prej^t it lies lative interim^studies; biit at least four between Wisconsin's $84J}€fO and Ari- of these legislative councils have em- / zona's $90,000. .The wide rapge in current ployed a "no recommendation" policy, appropriations is accounted for partly by and in some of the ^even the funds ap- the diversity of service activities of the propria ted were, spent under council di- several councils and their staffs; and the rection or with use of council staff to upward trend over the years mirrors to * supplement the efforts of hired staff, some extent the increasing.service respon- ' ' . „ ' . ' sib^lities of these staffs. . :. '' ••^- FISCAL REVIEW AND PosT-Aumx ' No new councils have been created .Recent developments among the states during the past two years, although such sustain the view ithat legislatures are > a move!has.found adherents in Hawaii, guarding with greater care their powers Idaho and North Carolina. In West ofv appropriating money and reviewing •.V..' Virginia the^ Commission on Interstate expenditures. These powers are close to Cooperation and the Joint Committee on the heart of legislative independence. Government and Finance continue to Increasing numbers of vlegislatures are cooperate in carrying on major interim taking steps to improve their exercise of research studies. And in 1961 a Wyoming these powers, which, in a number of Legislative Council with broad powers .^states, had become largely perfunctory. As in the reference, research and fiscal review ^Kis is written, for example, Georgia's fields replaced the Legislative Research legislature is considering legislation to Commiftee which had been established assure periodic legislative review and t in 1959. •"' ^ action on executive budgets, a process As interim research is rtie prime re which had not occurred in that state from sponsibility of ccmncils, K should be the mid-30's until 1961. . , " ^ noted that some legisla^ui;gs rely, in whole Since the early 1940's, and especially in or in part, on other means of providing the 1950's, more and more states have this type of service...At present. New York create^! specialized staffs under, legis- expends more than $2.1 million a year dative contfol to provide one or both of for the research activities of some forty two related services in this"^ field- interim legislative committees; Cali- continuous review of state revenues and fornia averages about half as much to expenditures, and presession Review and support from forty-five to fifty siich com- analysis of the budget. Post-audit of state mittees; and the expenditures of these, expenditures on a systematic and^compre.- two states are not less than the total hensive basis is another fiscal control appropriated for die thirty-seven councils • field which, in recent years, has. come y' for which current figures are available, increasingly to be regarded" as suitable Use is made of special interim research for legislative control and supervision. A committees in most of the other'nom number of states secure independience council states. In some of them, many ad from the executive branch for the post-^ hoc interim committees are created, such a^idit official by having him popularly as the forty or more eaehjyear in Michi elected. Some states still provide for his gan; Considerable sums sometimes are appointment by the Governor, although spent,'such as Mississippi'! currertt an this practice appe;ars to be on the decline. nual average of $100^0, Qregon's Since the California legislature in 1941. /.-;•• $120,000, and Michigafl^ $60,000. The created and^ staffed its Joint Legisladve -11 creation of councils usually reduces but Budget Committee, the legislatures of does not necessgrily end all reliance Upoh more than hal^ the states have created special interim resea^rch committees, as new facilities or designated older ones.to the current • experience of m^ny council carry on the twin functions of continuous states illustrates*" . Seve" n counci•l. state. sfiscal Review and budget analysis. One or 1 ^ V ,1 r- LEGISLATURES AND LEGISLATION 67, both of these tasks have been assigned in mittees have professional staff assigned ^ diirteen,states to the legislative council, . to them. • '^ . ' a committee of the council, or the council- Professional staffing ^OT\ legislative staff, ^ the most recent" additions to this leaders also is coming into greater use, •group being Alaska and Wyoming. In as the same 1961 survey report confirms. contrast, fifteen states (of which ten have ' Such nelp is provided to at least some of • -councils) have lodged, this authority the leaders * m California, Connecticut, tfv in separate legislative appropriations, Florida, Georgia, Hawaii, Massachusetts, budget or finance bodies'. By the close of New York, Ohio and Pennsylvania. < 1961, twenty-one states and Puerto Ricd In New -York a staff Office of Legis had created post-audit 'agencies which lative Research was established in 1959 were under legislative jurisdiction. In i^^ the Assembly Speaker and Senate additioij to the, Alaska and Wyomirtg _^ajority Leader, to provide factual re action mentioned above, Kansas, Maine search material which might assist both ' and Nebraska, during the past biennium, houses in legislative decision making. It added fiscal analysts to the staffs of their has been likened to the staff agencies respective legislative councils. In Ic^wa a which serve the Congressional policy legislative fiscal director was provided for committees. the Budget and Financial Control Com- The "legislative 'internship^' program . mittee. ^ '' commanded considerable intierest during . the 1960-61 biennium, following Cali OTHER SERVICES AND fornia's arid New York's experiments in RECENT DEVELOPMENTS the lattg: 1950's. To obtain a wider basis, • *,.•• for e^^uating the effectiveness of this . Important also for legislative research program, the I'ord Foundation early in and study in many states, particularly "in 1961 granted a little more than $1 million . regard to federal-state, mterstate and on a matching basis for legislative intern state-local relations, are the commissions ships in nine states. By the close of 1961 ;^ on interstate cooperatibriy directly affili six, of these—California, J^awaii, Illi ated with the Council or State Govem- nois, Indiana, Oklahoma and Washing > ments. Some of these agencies, such as ton—were taking steps to implement the those "in New York and West Virginia, program. The interns, chiefly grad ' receive appropriations for research, em- uate students in law, journalism and^ - 'vploy staffs, and carry on extensive research jprograras. In a growing number of . political science, were to be'assigned j>y states these cbmi]gissions are merged or legislaijrures to work with standing ^d; ° closely coordinated with the legislative interim committees, presiding officers, __^ council—as in Alaska, Arizona, Arkansas, and House Clerks and Seh^tl Secretaries. Kansas, Kentucky, Missouri, Montana, (^ In each case, legislatures contribute to Nevada, North Dakota, Oklahoma, Utah the support of«=t^e interims, and univer-" and-Washington. 'sities cooperate by recruiting and screen- • ' Also noteworthy has been the trend of irig candidates, handling administrative recent years toward providing profes aspects, and in other ways. Except fo\ < 1 sional staffing: of major standmg com- California, the grants were made for a mitwies. According to a 1961 smrvey by six-year pei^iod. the Council of State Governments, some ^Of major future importance, as the professional staff was being provided to biennium ended, was a study being made one or more standing committees -in by the National LegislatiVis Conference twenty-seven states. It was the finance, Committee on Organization 'of Legis ways and means, or appropriations* coni- lative Services, scheduled for completion mittees which received such aid in most and report in late 1962 or 1963. This study cases* and, to a lesser extent, judiciary will be the first critical review and . and rules committees. But in California, evaluation of -stated legislative services • Florida, Hawaii, New York, Oregoif and since one that was sponsored by the same . ^ South CaroHna, a wide range of com Conference a decade earlier. A TT 1% / LEGISLATIVE COUNCILS AND COUNCIL-TYPE AGENCIES: ORGANIZATION AND MEETINGS* • A ,'^ ———^ ..•'•'•• ^ ' ' • • , • . , General Statute requires legislative representation of Meetings » Number of members member required /- — ^./ ship ap ^Con- Officers Rep- Ex- pointed \ gr«- elected At . ' - f • re- •/ officio\ Term by pre- PoHti- sionol by mem- least Only Year \ Sen- t senta- and {no. of- siding ual dis- ber- guar-' on Slaie Asfpcy created •' Total alors lives others years) officer st parties tricts smpi terly call Alabama....' Legislative Couneil(a) '^ 1957 12 4 • 6 2 2 ;., • Alaska Legislative Council 1953 10 4 • .4 2 2 • • , •(b) ' • . Arizona... '..- Legislative Caincil 1953 5 5 2 2 • . .(d) • Arkansas Legislative Council(a) i9*7*v..- . 35 6 12 6(e) 2(0 .. ' • • *• . Colorado. - Legislative-Council l43 I J- 13 - 5 6 2 , 2(g^ •(h) • ^ Ck>nnecticut. Legislative Council . 19|7 k:\ ^ 24 •* 6 12 6(i) Ul\ ... : i • • . / • • . Florida Legislative Council (a) 1949 • 18 • 8 8 2 • • • Georgia ....:. Legis. Services Comm.(a) 1959(1) , 10 ^ (m) . (m) .-- 10(m) %^ • *: • a * 'j • ...V "^ f • <*•. • Illinois.... .1..... Legislative Council 1937 22 10 10 2 2(n) •(0)- • . .' Indiana ^L^is. Advis g Kentucky. .'. Legis. Research Comm. 1936(1) 11 .• (P) (P) Ji(p) (p) ... ^ • . . . •. .. • Louisiana..: Legislative Council 1952 18 .8 8 . 2 .4 • '••• • • ... (<1) Maine...... Legis. Research ,Comm. 1939 16 - - 7 . 7 . 2 . 2' •-, •• • • Maryland... Legislative Council 1939 \ 20 6 6 • ^ 8(r) 1(0 '••(h)' • , (d) • % r Massachusetts... I^gis. Research Council(a) 1954 8 ' 2 6 1 . • • Minnesota Legis. Research Comm. 1947(1) 9 9 .:'• 2(s) (t) •d) ' • : ' •..•* • .• Missouri. •.'.. -^ohitn. on Legis. Research 1943 ^ 10 10 (u) • • . • • • Montana Legislative Council • 1957 12 • .6 6 . (v) (w) 5 ?^ •W Nebraska...... Legislative Council 1937 l43(y) Unicameral ' (y) Nevadat Legislative Commissiori(a) 1945 8 4 4 (aa) •V .:: • • New Hampshire.. Legislative Council 1951 15 3 '9^ '3(ab) 2(ac) • -•' (d). • -. New Jersey...... Law Jlevis. t Legis. Serv. 1954 12 6 6 • • (u) • • * • . • • •-: • * . • Comm. I- 4 • . / New Mexico.... Legislative*Council(a) 1951 13 S . '6 2 2 (w) • •. , :•: • •-• •• North Dakota. Legis. Research Comm, • 1945 11 . 5 \ 6 2 • • • • Ohio... Legis. Service Comm. 1943(1) 14 6 6 '2(ad) 2(0 •(ae). • i- • .' • Oklahoma.... State Legis. Council 1939(1) 4 • 165(y) 44 .-- 121 • • (x) (af) ''•(kf ' Pennsylvania... Joint' State Govt. Comm. 1937 2«6(y) 50 210 (X) .- . "^ Rhode Island Legislative Council .19390) . 7 3 4 • r. • South Carolina. Legislative Counc]l 1949 - 5 • (ah) (ah) '5(ah) iah") , .. • . ... (ai) South Dakota... Legis. Research Council 1951 no(y) 35 75 (x) ... (a'j) (aj) Y ^ V . -> Tennessee'... Legis. Council Comm. .1953 24 8 14 . ^ 2 2(ak) • • (al), • • • • •• "fexaB. .. Legislative Council ' 1949 17 •' 5 10 2 Xam) . • » (an) 1 • , , ' • .^• Utah^. Legislative Council 1947 13 5- 5 3(ao) . 2 •, • 1 • • • , , Advisory Legis. Council(a) ViralnTa.;.. 1936 14 •.. 'i 9 . ••• 2(f) * ' •: • , • / Washinfitoxi. State Legis. Council • 1947 21 9 low 2 (ad) •2(g) 0 • (h) • • , • • Wisconsin.,.. Joint Legis. Council 1947 15 "5 8^ 2(ad) 2 (w) , , • • • , , WyomlnD',... Legislative'Council 19590) 18 • 8 8C 2 2(g) • • • ,• •(ap) • The tables in this series, pages 68-79, were prepared by "Muriel Hoppes,. Legislative Refer- . (m) Legislative Servfces Committee composed ex officio of Lieutenant Govehior, Speaker enceLHUrarian of the Council of State Govemmehts:! of House, Clerk of House, Secretary ofipcnate and chairmen of.three specific House committees •J-President of Senate an.d Speaker of House, unless otherwise not^d. and of three specific Senate committees, who serve for term of office. i {excluding ex-officio members. In most states the general legislative membership of legis'- (n) * Term is for two years except that a Senator appointed at beginning of a new terra ; lative councils and council-type agencies is either appointed by the presiding olFicer of each serves for four years. . • house, or'is ex ofHcio. Detailed information is shown in the table. However, in four states. (o) Approval of the Executivj^ Committee is required in the- appointment of Senate • m_prabership is selected in a different manner. In Alabama and Nevada membfiB are elected members. ; ' ., . by the legislature. In Arkansas members are chosen by Congressional District Caucus of Sen Cp) Legislative Research Commission composed ex officio of Lieutenatit Governor, Presi ators and Representatives respectively. In.Connccticut, Senate and House members of each dent Pro Tem of Senate, Speaker of House, Majority and Minority Floor Leaders of House political par^rr elect Council'members; the Prfcsident Pro Tern of the Senate and Speaker of and Senate, Majority and Minority Caucus Chairmen of House and Senate. Members serve House appoint the Senate and House membership irf^the event the legislature fails to elect the for term of office. ' • , • '< . members. In Montana House membci^ are appointed, by the Speaker; Senate members ap (q) At least three regular meetings each year afe required. • . ' pointed by the Committee on Committees. . (r) Members named ex-officiaare President of Senate;. Chairman of Senate Finance Com ,' ^In most ptates the officers of the council or council-type agency au-e elected by the members mittee, Chairman of Senate Judicial Proceedings Committee, Minority Floor Leader of Senate, of the agency, as shown in the table. However, there are eleven exceptions. In six states the Speaker of House, Chairman of House Ways and Means Committee, Chairm:^>'of House officers are ex officio. In Georgia the Speaker of the House is Chairman,and thijSecretary of' Judiciary Committee and Minority Floor Leader of House. / "• ' the Senate is Secretary. In Indiana, the President of the Senate is Chairman. In' Kansas, (s) . Members are appointed during or after legislative session and serve until conycnlng of - Maryland and Texas the President of the Senate is Chairman, the Speaker of the House is next regiilat- session. . • . ' • . • • Vice-Chairman. In Kentucky the Lieutenant Governor is Chairman. In five other states the - (t) House members appointed by Speaker, one from each conSresaional district; Senate officers are selected by a different method. In Massachusetts the Chairman is appointed by members chosen by caucus of Senators, one from each congressional district.- , • the President of the Senate, the Vice-Chairman by thfe Speaker of the House. In Nebraska the (uf Members serve for term of office as member of the legislature. ^ Chairman and Vice-Chairman of the Executive Board are elected by the legislature. The other (v) Members serve until the termination of term of offiqe as member of legi8latury.' Standing committees meet on call. • . (j) Members serve at pleasure of House and Senate respectively. , • " (ak). Members appointed within sixty days after convening of session for terms cndiilg with, (k) Annual meeting in January, all others on call. their terms of office or when their successors are appointed. ' , • » • (I) Gebrgia, Legislative Services Committee in 1961 replaced Joint Committee on Oper (al) 5ach,6f the three grand divisions 6f the state must have representation on the Council. ations of the General Assembly created in I9S9; Kentucky, Legislative Research Cora- . (am) Members appointed ducing or after the legislative session and serve until convening mission in 1948 replaced Legislative Council created in,1936: Minnesota; Legislative Research of the next regular session or ternfination of membership in legislature. Committee established as a temporary comraiission in 1947, became permanent in IWSi-TSJhio, (an) No more than tivo members from any Congressional district. Legislative Service Commission in 1953 replaced Program Commission created in 1 343; Okla (ao) Three public members, one appointed by CJovernor, one by Speaker of House, and one. homa. Legislative Council was created in 1939, but not activated until 1947; Rhc de- Island, by President of. Senate. President of Senate and^^aker of House are named in statute, but Legi8lative/-ouncil was created in 1939, but not activated until 1959; Wyoming, .egislative • may choose to appaint substitutes to serve in' their stead. . •^Council iiyl 961 replaced Legislative Research Commission created in 1959. r (ap) CovuicU meets promptly after appointment anU on call thereafter. ^ • ' .» .70 THE BOyK^OF THE STATES - LEGISLATIVE COUNCILS AND ^COUNCIL-^TYPE AGENCIES: FINANCE ' • - ' • » '' • •',-.' . Appropriations for council • \ Compensation • • and research services Addi{ional Ar -^—^- ^ , : ^ ^. appropria- Per Ex- State • . Agency.^ ..„ 1961-63 196t-62 'tions* diem penses . _ . __,_ ^ . _ : , . = _ 1 , ^ Alabama...... Legislative Council(a) $154,974 ...... -K- "• * Alaska.. X Legislative Council ... $167,000 ... '$35\ Travel r Arizona..,...;.. Legislative Council ... , *-^ 90.000 ... 20 \ . Travel Arkansas ...";... Legislative Council 142,000 ...... IS \ . Travel dblorado.. ;. Legislative Council ... 77,500 $8S,500(b) ' 20 \ * Connecticut Legislative Council » 222.800 ...•'... 20 \ -Jr Florida...... Legislative Councll(a) 300,000 ...... - .. \ *• . Georgia.... Legis. Services Comm.(a) ... (c) v ,..« 20 ^ \ -k Illinois ...^ Legislative Council 179,762 ... 20.000(d) ... • A * Indiana Legis. Advisory Commn.(a) 115.000 ...... IS \ ilr Iowa .^ ... Legis. Research Comm. (a) (e) ...... (f) . . \ "^ Kansas. .'.... Legislative Council .;. ' 162,654 ,42,000(g) S \ Travel(h) -Kentucky...... J^gis. Research Commn. ... 153.150 7,l,365(i)» 2S \Travel Louisiana... Legislative Council ... 100,000 ,••• 50 Travjgl Maine Legis. Research Comm. 136,115 ...'... lo .\ "k Maryland Legislative Council a ... 40,000 7S,000(j) 20 Travel ^ ,•...•••.••. , • • • • • •• \ Massachusetts... • Legis. Research Council(a). ... 99,000 ... .. ^ ir Minnesota...."...... , Legis. Research Comm. 150,000 ...... , \'-k 'Missouri, ^ Comm. on Legis. Research 280,000 ...... " ... \ir Montana...... Legislative Council 80,000 ...... '. \ir Nebraska ." Lesislative Council '216,043 ...... i^ Nevada.. ..;.•...... Legislative Commission(a) ... 147,936 ..." .. Travel New Hampshire;.... Legislative Coaticil 5,000 ... ' ... .. * New Jersey , Law Revis. s Legis. Serv. ... 143,623 ...... * Commn. . ^ . * New Mexico...... Legislative Gpuncil (a) 136,000 ... 3,000(k) IS Travel NorthD^Ota: Legis. Researith Comm. ..^122..100 ... •... 10 : if Ohio....;...... Legis. Servicepommn. M30.000 ' ...... •*• Oklahoma...... Sjate L^is. CAuncil 140,000(1) , ..'. .»••• •• Travel(tn) Pennsylvania .'... Joint State Govt.;Commn. 374,000(n) ... ^ 20 (o) \ Rhode Island... Legislative Council ... 75,000 .;. ... Travel South Gar»lina Legislative Council ... 108,200 51,000(p) .10 .. > . ». South Dakota...... Legis Research Council . .95,000 ...... 10 • \7 Tennessee...... Legis. Council Comm. 200.000 "...... 10 ,• • Texas...... Legislative Council , 2*7,560 * ...... • -^ v Utah Legislative Council S4.000 ...... • Virginia.. ... Advisory'Legis, Council , 59.145(q) ...... » 10 • \ Washington...^.....- State Legis. Council 163,584 ... 55,000(r) 20 . Travel \ Wisconsin " Joint Legis, Council 169,210 .. .v 40,000(3) .. .• -k "^ Wyominft...... •.'... Legislative Cpuiicil . 110,000 ••• -^ • i2 • * . •These appropriations are in addition to the reRular 1961-63 /• (0 IfSs customary for tlie next lecislature to pay $20 for . bieivnial or 1961-62 annual appropriations made for council and ' eachday of committee work to legislators serving on committees research services. " which meet in interitm. (a) The research staff arm for the apency in certain states by (R) For special aVudies. • " statuteisRivenadifferent name a's follows: Alabama, I-CRislative i(n) Plus S7.00 per day. ... Reference Service; Arkansas, Bureau of LeRislative Ressarch; (j) For statute revision. f Florida. I>gislative Reference Bureau; Georuia, .Office of I..CKi3- " (j)\^or research purposes. . , lative Counsel; Indiana. I^cRislative Bureau; Iowa, Ix!Ki3lative "™"(k) For travel expensesof IcRislators who are .not members pf...„ > Research: Bureau; Massachuf+'lts-. I.eRislative Research Bureau; LcRislative Council. " •fc Nevada, LeRisIative Counsel Bureau; New Mexico, I>cgislative 10- Does not include Council members' eScpenaes which are Council Service. - > ' . -^ ' . -: paiH,from appropriations made to the House and Senate. (b) Includes $50,000 for leRislative studies, $30,000 for sales fm) Receive 7c per mile and necessary travel expense to at- ratio study, arid $5,500 for school aid "study. tend Council meetinits. Receive same as other state employees • ^(c) No definite appropriation. Qpcrations are paid for from . for other authorized travel", either In or out of the state, on" funds appropriated or available to the lefiislaturc. Council business. • • • •(d) For legislative internship program. (n) For period from June 1, 1961 to June 30, 1962. ' ' fe) No. appropriated amount available to either the Iowa (o) Mileaae. _ " I^cfejolative Research Committee or its stalT, the legislative (p) For a rccndificatioti. . . • Research Bureau. The I-egislative Budget aryl Finanei.nl Con-fc (q). 1960-62 bifnriium. * . trol Committee pays expenses'of operation at the level deter- • (rl Includes $30,000 for a retirement .systems survey and mined by the Research Committee and the Director, of the $25,000 for a water resources survey. . . Research "Burejxu. ^ • . (s) For highway study. . ' • • .^ -"'',•,•-*.• • • '. • ^ X i. 7 L •^^ \ •f: /• • PERMANENT LEGISLATIVE' SERVICE AGENCI^ Recom- Bill • mends Continuous Date . drafting Prepares siibstan- ' study of Budgetary *Legis- Legal • agency ' Reference for bill and iive legis--^tepares state reve- review lativet counseling Slate or estab Service agency library legis- f§tqtutory law.sitm- • lative reitarch Spot nues and and post for • other jurisdiction lished and staff head facilities • lature revision maries Program reports research expenditures analysis . audit Itgislators Alabama.., 194S Legislative Council - - /- ^ .-^v- .•...: -•. .. - Charles M. Cooper, Secretary 1945 Legislative Reference Service • • — • • • Charles M. Cooper, Director 1947 Legislative Committee on Public Accounts 1947 Dept. of Examiners of ;,:._; Public Accounts , i . .•••;,- Ralph P. Eagerton, Chief Examiner Alaska.. . 1953 Legislative Council ' * John C. Doyle, Executive Director 1955 Legislative Audit Committee . • -^• • 1955 Division of Legislalivf^udit — Robert L. Dyer, Legislative Auditor • -k Arizona. 1953 Legislative Council ir. Jules M. Klagge, Director 1937 Dept. of Library and Archives ir Marguerite B. Cooley.-Actins Director 1950 Post Auditor "' ' — • / ./ A. L. Means, Post Auditor • • Arkansas. 1947 Legislative Council • •^— • • (a) 1947 Bureau of Legislative Research * -ic • (a) Marcus Halbroolc, Director 1953 Joint-Auditing Committee — • 1953 Division of Legislative Audit — • Orvel M. Johnson, Legislative Auditor California. 1913 Legislative Counsgl Bureau •' ' ' '•• — c^ Angus C. Morrison, Legislative Counsel 19p4(b) Administrative-Legislative -k ' Reference Service (.State Library)"- Carma R. Leigh, . State Librarian * Kenneth Pettitt, X Legislative Reference Librarian 1941 Joint Legislative Budget Committee ir • . • • • /'• e A. Alan Post, Legislati_ve Analyst ' 1953 Law Revision Commission • — • " •• — ^ John DeMouIly, Exec. Secy. . 1955 Joint Legislative Audit Committee — • 1955 Legislative Audit Bureau •, — • William II. Merrifield, . Auditor General 1961 Legislative Reference Service — . (Assembly Committee on Rules) r- %- V w PERMANENT LEGISLATIVE SERVICE AGENCIES ^Continued Recom ___ _ _ Bill mends : Cominuous ~\ . Date o . drafting • Prepares substan study of Btidgetary Legis- Legal agency Reference ' for bill and tive legis- Prepares • slate reve- , review • lativ* counseling State or estab Service agency y library legis- Statutory law sum lalive research Spof^re- hues and ' and pqst for other jurisdiction lished and staff head facilities. lature revision maries. prograiH reports search expenditures analysis t audit legislators Ck>torado. 1953 Legislative Council • Lyle C. Kyle, Director 1927 ^ Legislative Reference Ojice , (.Department of Law) - Clair T; Sippel, Secretary 1951 Committee on Statute Revision I. Charles M. Rose, R^. of Statutes 1956 Joint Budget Committee Ralph Bryant, Director . Connecticut. 1937 Legislative Council . , George W. Obesst, Director • \ 1907 Legislative Reference Section • (State l.ibrary') RoT)ertC. Sale, State Librarian y. George W. Adams. Chief. \ 1947 . ' Legislative Research Department Howard E. Hausman, Legi^atiVe • '. • Commissioner , ;• I\0 Arthur W^. Lewis, Legislative -Commissioner 1902 Auditors of Public Accounts Clarence F. Baldwin,,Auditor Robert F. Claffey, Auditor . Delaware. ,1945 Legislative Referencf Bureau • • Maurice A. Hartnett, III, Exec. Dir. Florida^..;.. ,. 1949 Legislative Council .1949 Legislative Reference Bureau 0. ~ • • y David V. Kerns, Director S -.•..*' • J" 1939 Statutory Revision 6* . . • Bill Drafting Depts. ' • (Office of Attorney General) Charles T. Henderson. Direcrar 1955' Legislative Appropriations and Auditing Commiltfe (of Legislative Council) Bryan Willis, State Auditor -—' L. K. Ireland; Jr., Fiscal Analyst Robert L. Kennedy,- Jr., • * Fiscal Analyst Georttla. 1959 Legislative Services Commiltef 1959 Office of Legislative Counsel • • Frank H. Edwards, Legislative • •• • ^ Counsel . • 1914(b) S/o/eL»6rory John D. H. Folger. State Librarian - 1923 Department of Audits and Accounts B. E.*Thrasher, Jr.. State Auditor Guam. 1959 Public Relations &• Information — • , _ OJUce Antonio B. Calvo, Assistant Public -' Relations & Information Officer 1950 Legislative Counsel lo the Legislature H •k Joaquin C. Arriola, Legislative ^ Counsel - 1957 Legislative Fiscal Consultant >— '5r" Howard O'Hara, Legislative •'• : I Fiscal Consultant ^~- Hawaii. 1943 Legislative Reference Bureau ^-ic Kenneth K. Lau, Director ^ 1959 Reviso'r of Statutes . . -r • « Hidehiko Uyenoyama, Re visor Idaho.. 196i Legislative Reference Service ic {State-Library) • ' Helen Miller State Librarian" IlUnoia. 1937 Legislative Council William L. Day, Dir. of Research • 1913 • Legislative, Reference Bureau • ' • "k Jerome Finkle, Executive Secy. • 1937' Budgetary-Gommission — Fratfcis'Whitney, Executive Director 1957 Legislative Audit Commission ' — • (c) — • (c) DJck E. Vian Exc. Dir. T* Indiana. 1945" Legislative Advisory Commission — Samuel-T. Lesh, Secretary 19C7 Legislative Bureau, • • . Samuel T. Lesh. Director " r • lowA.. 1955 ^ Legislative Research Committee —. • 1955 Legislative Research Bureau. -k • Ailan E. Reyhous, Director • • 1939 Legislative Reference Buteau ' ^ -k • , (Slate Law Library) • Geraldine Dunham,. Acting Law Librarian JySi Budget b" Financial Control • — Committee • ' • • -% 1961 Office of Legislative Fiscal Director,, • —^ •• H. Dwaine Wicker, ,: • Legislative Fiscal Director Kansas. 1933 Legislative Council k -^ -k .^edericH. Guild, Research Dir. Richard W. Ryan, Fiscal Analyst •^ Franklin Corricki.Secretary 1909(b)5/a/ ••• r / •3- ••.:'ii PERMANENT LEGISIJ\TIVE JSERVICffi AGENCIES—Gontinued • Recom- Bill: mertii^' Continuous'i. Date •' drafting Prepares substan^ study of Budgetary Legis- Legal agency Reference bill and live legis- Prepares slate reve- review lative counseling SlaU or estab Service agency library ' legts-'' Statutory, law sun- : lative research Spot re • nues and and post for . other jurisdiction lished . and staff head facilities lature revision maries program reports sfarch expendiiuK.es analysis audit legislators'. Louisiana. 1952 Legislative Council •N Emmett Asseff, Exec. Director 19A6ib) State Library. 'Essae M. Culver, State Librarian '' : i938 , • Slate Law Institute J.Denson Smith, Director Carlos Lazanis, Revisor Maine. 1939 Legislative Research Committee Samuel H. Slosberg, Dir. of " Legislative Research •i^ Legislative Finance Officer • (Vacancy). • :— .... Legislative Reference Section , (State Library) Ruth A. Hazelton, State Librarian EdithL. Hary, Lawand Legislative Reference Librarian 1907 Department of Audit Michael A. Napolitano, State Auditor < •»7 -^ •*^ Maryland. 1939 Legislative Council Carl N. Everstine, Secretary and • Director of Research 1916(f) Department of Legislaiive Reference' • "Carl N. Everstine, Director 1947 State Fiscal Research Bureau (Dept. of Legislative Reference) John S. Shriver, Director .... Slate Library ' ' ^ '. ^ . Nelson J. Molter, Director Massacliusetts. 1954'. Legislative Research Council * 1954 .Legislative, Fiesearch Bureau Herman C. Loeffler, Director * -••'•• — 190S(.b) Legislative Reference Division ^• .(State Library)-. ^ I. Albert Matkov. Librarian » ' . Gaspef^aso Jr., Legislative . Reference Librarian w... Counsel to Senate and.Coitnsel\ 1 -»• [ ' '. to House'of Representatives Charles J. Innes." Senate Counsel • Frederick B. Willis, House Counsel 1946(g) House Ways and Means Curnmillee''. Charles E. Shepard, Legislative ' • Budget Director '.... . Senate Ways and Means Committee . Mrs, Stella Smith. \ Research Director- ' r.x" \# y MIcblftan .... 1941 JJtistalite'Seniu Bureau ic" • • • • C. J. Mc«eiU, Director MlnncMta.. . 1947(h) Lfgistalive Research'Comntilltt "k N • Louis C< Dorweller, Jr., • Dire V ^ ^ ^^ w w m \ •V «. •" p PERMANENT LEGISLATIVE SERVICE-AGENCIES-Ciminued * 'Recom . Bill . mends /" Continuous 'Data p drafting Prepares substaift', study of Budgetary Legis- Leg Ohio 1953 Legislalive Serviu Commission V. • ^* Lauren A. Glosser, Director • • 1910 Lilislativ^ Referenu Burtau « • • \ William P. Lewis^ Director y Oklahoma. l9i9{h)SlattLetislalive Council' -\ Jack A. Rhode'h Director 1951 Legislative Audit Committee {of the . Legislative Council) Paul S. Cooke, Legia. Auditor '1917(k)L«fuIa(«M Reference Division ^ {State Library) ^ Ralph Hudson. State Librarian Ralph H. Funk, Leg. Reference ' and Reaearch Librarian iOreiton.... 19S3 Legislative Counsel Committee • Sam.R. Haleyi Legia. Coimsel .Jfe 1913(b) 5/o/eZ,«frrary % • Eloiae Ebcrt, State Llbn. Charles Milford, Government Reaearch Librarian , 1959 Legislative Fiscal Committee • 4 Kenneth N. Bragg. Legislative Fisc^ Officer Pennsylvania..... 1937 Joint Slat« Government (Commission Guy W. Davla. Director 1909 Legiilative Reference BureaiS • Harry Hershey, Director 1959, Legislative Budget • V .•» / and Finance Committee Philip Lopresti, Executive Director John McKinney, Co-Director House Appropriations Committee • Executive Secretary (vacancy) Puerto Rico 1954 •Office of Legislative Services ~ • i' • • Alberto Ferrer. Director 1950 Commission for the Codification of the Laws Secretary of Justice Hir&m R^* Cancio, Chairman . r 1952 Office of Controller^ Justo Nieves, Controller Rhode Island..... \9Z9{.\i)Legisl(^ive Council VVilliam J. De Nucclo, Director of Reseaich (on military leave) Angelo A. Mosca, Jr., , \ -1 Assistant Director of Research • ^ 1907^) Legislative Reference Bureau iStdtC'-Library) Grace M. Sherwood. State Libn. Mabel G, Johnson, Legis. ( •'^ Reference Librarian • .... Assistant in Charge of Lav Revision {Office of Secretary of State) ^ Maurice W. Hendel, Assistant in Charge of Law Revision 1939 Finance Committee of House of Representatives^ Howard A. Kenyon. . • • Fiscal AsJaistant J ITT^ ^ ) • >. ' r*" /" PERMANENT LEGISLATIVE SERVICE AGENCIES—Continued .^J.' ' := •« . Bill ^Recom- Continuous w Dale drafting Prepares men^s ' -study of- Budgetary Legis- Legal. . agency Reference for bill and substan- state reve- _ review lative- counseling Slate or . estab- Service ageriey librar:^ legis- Slalulory' lav sunt' tiv legis- Prepares Spot re- nues and ' and i post- for other jurHdiction lished and staff head facilities lature revision maries- lative research program reports search expenditures analysis • audit legislators South Carolina. . 1949 Legislative Council • • \- -y • L. G. Merritt. Director , 19S4 Code Commissioner • J~—trG. Merntt, Secretary for . ComniitWe on Statutory Laws j^ South Dakota. . 1951 Legislative Research Council *• • • • * - Dean E. Clabaugh, Director of • Legislative Research V 'is "*"^9S1 Revisor of Statutes ^ •» . •• Leo D. Hsplc. Revisor and r Supreme Court Reporter / 1943 Department of Audits and Accounts John C. Penne. Comptroller "" Ir". ~~ 1 . Tennessee. 1953 Legislative Council Committee • Thomas A.-Johnson, Exec Dfr...... State Library and Archives ic • •00- William;r. Alderson Jr.. State Librarian and ArcHWist 4953 Code Commission f i — Harry Phillips, Executive Secretary / 1835 Department of Audit .— William Snodgrass. Comptroller ofa Treasury •Kexa s . 1949 Legislative Council • • • C. Read Cranberry. Exec. Dir. ' - 1909 Legislative Reference Division ir • • • (State Library) Doris H. Connerly.-Legislative O^ Reference Director •... 1949 . Legislative Budget Board — • •(a) Vernon A. McGee, Budget Director " 1943 Legislative Audit Committee —• • C. H. Cavnesa, Suft Auditor .^ • J- Utah. 1947 Legislative Council . , — %• a • Lewis H. Lloyd. Director y MelbumM. Coombs, Legis. Auditor. I Vermont 193l{h)Legislative Reference Bureau , {Slate Library) -^ Lawrience J. Turgeon, State Libn. \ ' Hazel Chisholm, Assistant Libn. ; 1957 Statutory Revision Commission / Lawrence J. Turgeon, Secy. ^ E^ ^ Virginia... 1936 Advisory Letiilalivc COUHC^ — John B. Boatwright. Jr., Secy. 1914 Division of Stalulory Rssearch and -k • —' '• a : ,•. - Dra/tiiie John B. Boatwright, Jr.,.Director 1948 Cod* Commission — A • John B. Boatwright, Jr., Secy. 1928 Auditing Committee — * 1928 Auditor of Public Accounts ^ — J. Gordon Bennett, Auditor Vlmln lalands.. Ltfislctive Consultant — Croxton Willianis, Legis. -. y Consultant WaBhlnSton. 1947 State Legislative Council — Donald C. Sampson, Exec. Secy. • State Library ic Maryan E. Reynolds, State Libn. • 1951 Legislative Budget Committee — . Paul W. Ellis. Legis. Auditor rf 1951 Statute Lav Committee — Richard O. White. Revisor . West Vlrfilnla. 1947 Joint Commitlee-on Qovemment and — Finance (I) . ' ^3 1953 Legislative Auditor (,of the Joint ' -k Committee on Government and Finance) • ." '. C. H. Koontz. Legislative Auditor / Wisconsin.,... 1947 Joint Legislative' Council — Earl Sachse. Executive Secretary '' 1901 Legiflative Reference Library if M. G. Toepel. Chief <» ^* ^ 1909 Revisor of Statutes '— James J.^Burke, Revisor Wyomln£ 1959(h) Legislative Council ,, Allyn O. Lockner, - Research Director 1959 Statute Revision Comvifssion :, ^ / - . • • , • • (a) Also responsible for preparins a state budget. (s) Year in which full-time,research staff was orKanlzod. (b) Year. IcEtslative reference aerviceaiirst provided within exlstins library asency. . (h) Minnesota: established on a temporary basis in. 1947 and made permanent in't951: ' (c) Illinois also created, 1957, thjt^ Department of Auditor General, appointed ^y the Oklahoma: created in 1939 but not activated until 1947; Rhode Island: created in 1939. but Governor and chargred with po8|;autIit duties. The Lesislative Audit Commts^dn setatkilicies not activated until 1959; Wyoming: Legislative Research Committee created in 1959, replaced for the Auditor General, conducts a post-audit of his office, and has broad power to malce by, present Legislative Council in 1961. ^ . • ' fiscal review studies for theleKislature. ' '(d) Lesislative Council orisinally created in 1936; replaced by present Legislative Research (i) The Office of Legislative Research was established Jointly by the Spealcei^ of the House Commission in 1948. Statute Revision Commission, oreanized in 1938, was conaoUdated with and the President Pro Tem of the Senate and does researcli under tneir direction. Reaeitfch Commission in 1954. (j) Revisor of Statutes is ex-officio Secretary of the General Statutes Commission. (e) Also'reoommends constitutional amendments. ^^ . ^> (k) Services established in 1917; division formalized by statute in 1949. : (Q Established as a department, of th? govemmcnt of. the^|9|y of Baltimore in 1907; in (I) Carries on interim research program in conjunction with Commission on Interstate 19io functions were expanded to include servi& to the state lesnlature. Cooperation. . r* f ^/ . V C- y. \ THE STATE LOBB5^Y ;LAW S BY BELLE ZELLER* • > ITHIN recent years considerable'at- ment of lees Tor registration. Ten states tention has beeji given to regula have charged amounts ranging from $1.00, Wtion .of lobbying in the United in'Mississippi" td'|20 in South Dakota. States. This interest has i^manifested itself Prior to an amendment in 1957 no regis in studies of lobbying practices and in tration Jee.had bepn required, in South the introduction of bills in Congress and Dakota. The. Alaska law with reference in many states. In several states, laws or to payment^ of fees is unique. There is legislative rules deling with the subject differentiation for a resident and non "^ have recently been enacted. "^ resident acting as legislative counsel or A At the national level the most recent agent, the schedule ranging from a basic study was under the direction of the Spe fee of ?10 to $100. cial Committee to Investigate Political Twenty^six states pj-ohibit arifange- Activities, Lobbying and Campaign Con ments between /the lobbyist and his tributions, headed by Senator John L. employer which involve compensation McClellan bf Arkansa^. The committee's contingent upon passagefrbrdefeat of legis report,^ dated May 31, 1957, was acconi- lation. A report of the Tennessee Legisla panied by the draft of a bill entitled Leg- tive Council to^ the legislature in 1957, islative Activities Disclosure Act' (Senate recommending the outlawing of these 2191, 85th Congress) wJiich.would pro- contingent fees said: 'Tor example, the • "^ vide for completerevisioh of the'existing lobbyist might contract with his employer Federal Regulation of Ifobbying Act of to oppose legislation in ^ given subject, 1946. This proposed legislation has not should the issue arise, and-might then be V?, been enacted.^ Among significant lobby able to persuade a mepibir of the^legisla- studies tty the states are those of the Ohio ture to introduce a bill to make s^re the Legislative Service Commission (1955)^, issue did arise. Later he might persuade' ^ the Alaska Legislative Council ^1960), the ipember to withdraw his bill, thereby and the California Assembly .Interim being in a position to collect a contingent Comniittee on Legislative Representation f^ without the member ever realizing that he had been used to carry out this well laid plan." ' . PATTERNS OF STATE REQUIREMEN1:S .^ .. .-^Exclusive of constitutional provisions, By 1961, thirty-three states required the ten states other than the thirty-three men registration of lobbyists. In twenty-eight tioned above deal by statute with the sub "of these states the requirement is by stat ject of improper loTjbying practices. • ute arid in five states by rules, of one or Exclusive of bribery, the accompanying both houses of the legislature. (See foot table shows that a total.'of seven states notes (c) and (e) of the accompanying make no provision in their laws for regis table.) Twenty-one pf these tw^ty-eight tration of improper lobbying practices. states also require the. filing ofNjxpense y ' statements. A recent tendency has been - RECENT CHANGES " *. for states by statute to require the pay-: Among the, states that Jbve recently 4 ^1955^1) provided for important changes- . *bf. Zeller is Professof of Political Sciience at in-lobby regulation are Minnesota and ^ Brooklyn College. J - • • ' • Washington, by legislative rule; and by *F6r the history oflobby regulation by Gtongress, ^ * see article by Belle Zeller in The Annals oj the stattite, Tfexas, Illinois, Montana, Wis American Academy of Political and Social Science, consin and California. In addition, Cali V Vol. 319 (September, 1958) pp-94-103. fornia* has a ^en/ding constitutional 80 LEGISLATURES AND LEGISLATION 81 <, amendmeftfr dealing with the s^ubject. that a person "shall beldeemed guilty ^ The . Minnesota Senate . in 1959 pro -lobbying," but it continues to provide^ vided in its rule that "any person who is that no person'shall seek to influence the employed for a compensation or 'whose vote of a legislator or the act^ion ofUhe employihent calls- for or includes activity Governor in any pe'nding measure omef ^ in or about the Senate in regard to legis than by an appeal to reo^fon'(italics sVp'T' lation must register wit|i the Secretary of ,. plied). The Texas law limits the requii;e- \ State." Any person found guilty of violat- ment for filing of registration and expense ~ing the'rule "shall not be,eligible' to ap- statement totjne who makes direct com •,?pear in a professional or representative munication withVlegislators, their com- . capacity before any committ'^e of the Sen '•::'\ L 82 THE BOOK OF THE STATES time by law required registration by an . son whose license has been suspended or employer of ane who is engaged to pro revpked, or who has been convicted for mote or oppose "any legislation affecting violating any provision of the lobbying, the interests of any .individual, assodation act, may not engage in lobbying "until or corporation as distinct from those of he has been reinstiated to tjie practice of the whold people of the state." JThe pay " lobbying and duly licenseu." ment of contingent fees is'prohibited. The A significant; aniendment of 1957 to statute does not require the filing of ex Wisconsin's'state lobbying law was aimed pense statements. A somewhat unusual at eliminating "k long standing practice- feature for state^lobby regulation in the» that of lobbyists! giving free meals an4«' originaJ Illinois A^^t was a provision that drinks to" legislators or others in state \ every elected or appointed official shall service. In 1957 the expense statements filed by 104 lobbyists indicated they spent - register his naftie "in like rnanner" «when JB3 appearing in behalf of a governmental ^3,693 for ioo^ and drinks, of wliich unit. However, in 1961 wirii the passage §14,131 was for drinks. The amendment of tjvo apparently conflicting amend- adopted forbids "djrectly or indirectly mems, Illinois may have exempted these" furbishing or. being concerned in An elected or appointed officials from the other's. furnishing to any" legislator—or » \ registration requirement. A unique pro- to any officer or employee of the state- '• vij^on, indeed, in the Illinois law is ^^k^ any food> meal, lodging, beverage or requirement that a recent photograph of transportation." The prohibition does the registrant be furnished at the time of not apply tQ entertainment by a non filing with the Secretary of State. FurtJ*er>. profit brganizatipn.at a bona fide social more, the Secretary is requlnpd ''fetfpub- funAion of isuch organization. lish in bulletin form the name and ad The California legislature in 1961 ini dress of each registered lobbyist, the tiated action-to reinove obsolete language interest or groups he represents, his from the state constitution which declares J. photogra'jph and any other information lobbying to be a felony. This proposed concerning^ such lobbyist jdeen^ed perti amendmeiit will be submitted to vote of nent by the Secretary of State," Copies are the people fn 1962.- '"i " to be distributed to members of the legis Unlike Illinois where the legislative in lature, state officials, newspapers, and any tent on the point is not entirely clear, othere wlio make the request. Such bul- California's legislature iq, 1961 clearly ^ letins are to be distributed every two amended its provisions for filing appear- weeks during the session, containing only apce and expense statements to exempt the data concerning lobbyists who have alUstate officials and all elected officials -^ registered sAibsequently to the next pre acting in theiAofficial' capacities, Cali vious issue of the bulletin.. By amendment fornia at the same time added radio and' in 1961, only one registration'fee, of $5<00 telpvis-ion stations to this exempted cate %. for eaclLreglstrant, is riequired regardless . gory. Newspapers and periodical's had of the number of groups or interests he V., been^ exempted in the original law. Art- represents. '^ other 1961 California .amendmen't- ex Montana, lik^ Illinois, ]|Drovides for reg- tended the period for filing expense state istratioji. of lobbyists with the Secretary ments by five days,jiamely to between the of State, with no requirement for expense first^nd fifteenth day of each.-calendar -statements. Montana in 1959, with its month. Still.another made the'timing of new lobbying law, became the twenty- printing lobbying data (in the Journal • sixth state to provide that no person of the Assembly only, no longer in both shall be employed as a lobbyist for com house Jputnals) take cognizance of the* pensation dependent upon the [passage or annual sessions now held by the legisla defeat of legislation "or upon any con ture. tingency connected with the action of the ««y ENFORCPMENT legislature or of either branch thereof or .. • •...-. any conimittee thereof." A license fee of There .have been a number of court $10 is require^Lupon registration. A per- decisions involving Ave Federal Regula- i • '. ^ \ - w LEGISLATURES'AND IfEGISLATWN /• 83 tiori of Lobbying Act of 1946, which was practices and legislation in die United^ patterned on existing state laws, but ex States, then discussed enforc^gpient prac tended its coverage to" "indirect" lobby tices in Ohio. After giving the number of .:/ ing. To mention one instance, in United lobbyists registered during the past five States V. Harms (3^7 United States 612,' sessions of the General Assembly, the 1954), the United States Supreme Court Governor said: "In each instance, the upheld the rigl)t of Congress to require number of legislative representatives have the disclosure of lobbying; lobbying, now- outnumbered tlje fleeted members of the ever, was construed in its narrow and General Assembly. But, in spite of this, mord restricted sebpe as representations tlierQarerriany additional who toil in and made directly to Congress, its members or , about tire legislative halls who db not 1 • ,N- Us committees. \ comply with the requirements of regis- The state lobbying laws have not often tratibn. For example,r the list of legisla- \)een challenged in the courts, if for no tive representatives of the IQSrd.General other reason than because court action in Assembly.lists phly,>two utility represent volving them has been infrequent. How atives. I, personally, observed many ever, in recejit; years a few cases have times that number in' attendance during reached the state cqurts in which convic- vthe days of debate and discussion on the tions under state lobbying acts were up- bill, proposing a change in the utility rate held.- In 1950 there were three such cases b^sej^ormula." In urging changes in the in Wisconsin. Here th| state was upheld law, including closing of gaps by more when it sought in two instances to revoke specific requirements, the Governor urged the license of lobljyists who were changed' also that the law be broade^ied to apply to with filing false expense statements (256 .*^those who engage, in indirect activities Wis.:'549; 258 Wis. 177); and in the third such as institutional advertising in news case (257 Wis.. 430) tlie court held that a papers and magazines designed to in district attorney could prosecute a case fluence the General Assejnbly in defeating ,' involving the lobbying registration stat or passing a bill; or any group, organi ute, which stated That "it shall be the zation, or company, which through the duty of the Attorney General *upon in- dissemination of literature in any "form forfnatibn to^ bring prosecutions for th^ tries to influence tlie passage or defeat violations of Itlie proyisions.... of legislation." The proposed, legisla * In the report of the California Assembly tion, however, was not adopted in the Irfferim Committee on Legislative Repre- session. • sentation, it was stated that during the 1959-=S0. legislative sessions an estimated - : - PENALTIES 8,588 pionthly appearance reports should The accompanying table describes- the have been filed but that actually there penalties provided in the state -lobbying was only a 34 per cent compliance. A laws. A significant penalty is found in study in Alaska found that the provisions nine states that adds to the usual punish-:^_ dealing,with filing of expense"accounts ment of a fine and/or imprisonment, dis- were complied with by.about 73 per cent barment of the person convicted. Iji coh- .of those registered, and that i5iany of the ifection with a similar provision in the filings.were:late arid incomplete. , Federal Regulation of J^obbying'Act, a In^l9595 after., Ohio newspapers had_^. constitutional question arose in die^case called attention to* revelations tnat hotel oi United States v. Harriss, meritioned bills of some legislators were being paid, above, in whi(;h.tiieFederarDistrict Court by lobbyists, a lobbyist was indicted on (the Supreme Court did not rule on this . charges of spending'l 16,000, some 6f it on poiijrt) held that ,the penalty of disbar- five legislators' hotel-jbills, and failing to ment was an unconstitutional depriva report it. In Ihis case, the defendant after tion of the rig|j^f petitipi?. .However, it Sifenging a not guilty plea was fined has been 'suggested that where "'profes $1,000. Early in 1961 the Govdrrior "of sional" influencing is involved tins con- y • Ohio, in a special message to the legisla- stitutional question may riot be involved, ture, reviewed the history^ of' lobbying • {Continued on page 86.) '"'' r A> J '• 84 / THE BOOK OF THE STATES 1/ \ STATE REGULATION OF "LOBBYING* • • " • • Penalties for Violations , Have {Jiimited to Counsel and Agents) laws Legatdis- ^ —'• •^, '• ^ limited to Lobby- Unction: Contingent Three years , improper , Lobby- ing regis- "Coun- Financial pay- . disbarment • lobbying ing not tration sH" and report ments Imprison- after • practices(a) regulated^a) required "Agent" required prohibited : Fines ment conviction Alabama.... -k .... Not less than 1-2 yrs. .... ^ . —V , y • „ $500 and ^ Alaska. • • • * ' S200-S1.000 Not more than * • or 1 yr. (b) • * . Arizona.;...... -k •... • • •• .... , 1-10 yrs. • Ai^kansas * .... / California ic/ .... ir. -k viot over Not over -a' -' $5,0$5,000 0 and/or . 1 yr. Colorado .... .,;. • (c) .... :,...... \ ...•. Connecticut. tk* • • - .... • • Not over Not over \ • * ^ $1,000 (d) and/or 1 yr. ' Delaware.. • ...... ' ...... Florida. A • (e) — .;••• , ' -Not over .... - . 20 yrs. (e) Georgia. * *• • ••' •.? • • 7^ NotoverSl.OOO Mot over .... 5 • and/or 6 mos. • ' « Hawaii.. • ...... ••' Idaho. — # .... Not over $200 Not over ."... •' '.'-"-• •'; — e' and 6 mos. lUlnols.... • •••• ...... • • Mot over $200 ...... Indiana... • • • • . •^ $200-S1.000 or 3mo3.-lyr. Iowa..'.... . •(c) ...... _^.,...... • .;.. • ^.^.. Kansas •...... " • - * •k Mot over $5,000 Not over •• • V- and/or 1 yr. / / • . *• Mot oVer $S,O0a Not over ^ ;^ Kentucky. and/or not over 5 yrs. * ^ $1,000(0 r. -* ^ ... , $i0O-$2,006 ' 6 mos.-2 yrs. ;... Louisiana. /.... .;.. • * ' / -'fi and (g) Maine. .... • • • . $100-S506 ...... Maryland •;-.-..• • • • • $100-$1,000 .... : • Massachusetts,. .• • • -•.. • • , • • $100-$I,000 .... •(h) ;. Michigan:. .... • / • (i) • $26()-Sl,000 or 3 mos.-l yr. .... ; Minnesota .... • (c) ...... • • . •' • • •••, •••• •»..• Mississippi.... • ; . .... • . • Not over $1,000 Mot over 3 • •/• - •••• and/or , yrs. or not ^ owr 6, mos. " . • G) Missouri...... '• u • • . • •••• .... $100-$500 10 days-l yr. .... and ••. . 1 Montana. .... • .... • Not over $200 Not over 6 Unta (T and/or. mos. . rejn- ^ • .stated • • \ bv Secv. \ of State. •j^ Nebraska...... • .... • • Not over $1,000. Not.oyer % • - ' ' .(d) and/or ' 1 yr. . -'Nevada *, " .... ?.:...... 2-10 yrs. New Hampshire. • .... j • .... Not(Jv^$1.000 Not over 5 n, . - ' ;• ; • . *yrs.(et) • New Jersey ...: •, /> New Mexico ...,•.... • New.York • .... . • •• Not over $1,000 Not Qver A' • - (d) and/or 1 yr. ]^orth Carolina ...: • / •^ • $50-$I,000 Not over . ' • and/or ' 2 yrs. North Dakota...... :' ...... •.. ...• .... • $100-$1.000 - C.=.>> > $200-$5.000(f) -. ^ . .• •":,••'• • ,'. • '. - /•. y J / xr Q- ct>, V . •I: LEGISLATURES AND LEGISLATION 85 ^ •• . • •• . •. • STATE REGULATION OF. LOBBYING*—CONTINUED Penalities for^ Violations , • Have (Jimited to Counsel and Agents) laws / Legal dis- limited to Lobby- tinclion; Contingent Three years improper. Lobby ing regis- "Cotin- {Financial pay- disbarment lobbying ing not tration sel" and reporl menls ^ Imprison- after practiciiXa) regulatefi required "Agent" required prohibited Fines ment- conviction Ohio.;..... • • «20-$5.00ti . 1-2.yrs. and/or I Oklahoma, ... $200-$l,0O0 10 days-l yr or \ , Oregon. • •A- $SO-$SOO oi| 3 mps.V-1 yr.- ••• 1 Pennsylvania.... 1; .... • • • • \ Rhod^ Island ,.., • '• S100-$1.000 ' $200-$S,000(f) South Carolina.. v.. ..:. •. * J2S-$100or Not over 30 days South Dakota...... • . • $100-$1,000 $200-$S.OOO(f) . •••,•• c • • - •-•'.• Tennessee ^ • ... i. V 2-5 yrs. \\ . Texas...... •a) Not over $5,000 Not over (m) and/or* — 2 yrs. Utah.. •*• $SOO-$10.000 Not over 1 • ' • / (m) S yrs. Vermont^. ...; • • $100-$S00 Xlrftinla...... • $50-$l,000(n) Not over • and/or ' Washiniiton •(c) West Virginia..V. A \ $50-4200 and 10 daysHS mos. Wisconsin....',.,. $100-$l,000{o) , .... S$20O-$S.00O(f) \ J Wyoming:... •Prepared by Belle Zeller, Professor of Political Science; Broolc- jury. In Louisiana, for unlawfully going upon floor of legia- • . lyn College, Brooklyn 10, New York. lature, fine not to exceed $100 may be imposed. .••"-. •-.••' k • (h) Massachusetts provides that disbarment^run until the (a) Exclusive of bribery. References to lobbying practices termination of the third (annual) session. may also be found in the constitutions of several states, (i) Expense'statements kept in custody of legislative^ agent or k (b) Legislative agent who violated certain specific provisions his employerfor a period of six years. Must Ije produced on . .ofact majr. be fined not less than $100 nor more than $1,000. court order. • ; - Principal who engages legislative .agent may. be fined not.leisa' (j) Longer term in state prison or penitentiary, shorter term than *200 nor more than $5,000. - - with or without the fine in county jail. If corporation or associa "4 (c) Required by the rules of the Colorado House of Repre tion, a fine of/not more than $5,000. ' sentatives and Senate,'the Iowa House, the Minnesota Senate, (k) In Oklahoma, House'Rule 87 and Senate Rule 56 also and the Washington House. No punishment by fine arid/or require that applicuioh to Xobby be filed respectively with the , imprisonment is provided In the rules. ' In Colorado, lobbyist Chief Clerk of the. House and^opproval for permission to lobby must register with the Chief Clerk of the House and the Secre . by.a majority of House members, in the Senate filing .with the • tary lof the Senate before, appearing before any committees. Secretary of the Senate and approval, by a majority of Senate In Iowa. (1949) all lobbyists must register with the Chief Cl.erk members. . - of the House. In Minnesota (195.9) registratioft is with the. (1) In addition to the Texas statute effective in 1959, a ruler--^ Secretary'of the Senate,, and in Washington. (1959) with the of the Texas House of Representatives requires that a person Speaker of the House. appearing before any committee of the House shall first file a • (d) In addition a corporation or association must file^ state- sworn statement, showing whom he represents; with the chair • mei^t of legislative expenses within the time required or forfeit man of the comtmttee or the House Committee on Represen in Connecticut $5.00 for each day. In New York and Nebraska tation Before the Legislature composed of five members ap $100 for each day thereafter until filed. proved by the Speaker. (e) Required by rules of Florida House of Representatives. Cm) Fine imposed on cori>ot^tion or association only. By Florida statute, offense for swearing falsply is perjury with . (n) Person who pays or receives money for purpose of secur- . penalty of-imprisonment not exceeding twenty years. In New irig passage or defeatof iKo^islation punishable'by imprisonment Hampshire; prison term of not more than five yeal?^ is provided up to one year and finbHP to" $5,000. . : O for filing false statement which is deemed perjury. (o) Applies to lobbjBt only. Lobbyist who fails to file ex- , (0 Applies to individual (other than legislative counsel or pense statement may/^ punished by fine not exceeding $500 agent), corporation or association. In Kentucky, fine up to and/or imprisonment not exceeding six months: lobbyist who^- $5,000 for second and each subsequent offense, and. if a corpora- files false statement may be punished by fine of $500-$1,000, jflr . ticfh, its charter may be revoked ^y gpuft. In North Dakota, by imprisonment from 30 days to one year. Also Wisconsin . a person who corruptly Influences legislation is punishable by provides a fine of not less than $500 nor more than $5,000 for priion term of not more than one year or by fine of not more •Triolatlons of provisions regulating the use of money for pub than $200. , f lished articles in newspapers and other pieriodicals on matters (g) Prison term may be added/ast discfetib n of the court or. , pending before the legislature. :•' •; ' . ' ' .¥- \ .." .\: X • t It - •../•- -•• 7 86 THE BOOK 'OF THE STATES .• For purposes of more realistic enforce registered, and ^eif expense statements^ ment, the recommendation;; is al^o ad- sho\yed a total of $122,034..ih W^^onsin [ vanced that civil rather than criminal the 1959 figures indicated that 284 lobby penalties be used, and that criminal pen ists registered for themselves and tfeieir alties be used only in the case of "wilful 413 employers, and it was estimated tn^t abuses." This' teconiiiiendation was in §400,000 had been expended. This figure • corporated in the Congressional bill apparently did not include outlawed ex recommended by the McClellan Commit penditures by lobbyists s" on food and tee in 1957. Wisconsin in 1955 provided drinlcs* In Connecticut for 1959, the 371 in an amendment to its lobbying law that. lobbying expense statements filed shewed ' ! a verified complaint'in writing to the dis a total of $132,468; for 1961 the Gonnect'i- - trict attorney be made charging the cut expense statements totalled $163,103.- holider of a license^with a violation of In ph!t) during 1959, $300,000 was esti the lobbying statute. This procedure al mated to have covered the ei^enses of<^, lows a civil iremedy which may,^ in Wis 344 lobbyists registered by their 202 em: consin, be qrought by tlie-Secretary of ployers. Jin 1960 Massachusetts' 301 •>> , State as the licensing authority under the registerea lobbyists "reported spending 'lobbyinglaw! ' ^ ^ $317,232; in New York 1^8 lobbyists reg istered, and 167 expense'statements FIGURES ONV REGiSTRi\NTS, EXPENSES showed a totai o'f $369,497; in Alaska, 71 Since one aspect of the effect of the state registered lobbyists filed expenditures of lobbying laws may be judged by the num $88,302. Additional figures, for states that ber of registration statements filed and require registration by legislative rule, the amount ^f^'money indicated in the showed that for 1961 576 registered in the expensie statements, some additional fig Florida: House, 193 in the Iowa Hoiise, ures are in point. In Texas in 1959, the ' and 246 in the Colorado Senate and /first year of its new law, 4,534 lobbyists House. • : \ v^ -A / "V- • \ » . f •^' * •^ >, • : /• ii ••• .}- y / 2 I. •'• •.-•«.?? /• Legislation i ' ^ RENDS IN STATE LEGISLATION, 1960-1961 ^ s5> EGisLATURES oftwenty-one States met in very common- and involved substantial regular sessions in-1960 and of forty^ sums. More than half of the legislatures* E seven in 1961. Many legislatures also/-%mised taxes. had special sessions in one or both of these Among major new taxes were Ken- years. /tucky's first sales tax, adopted in 1960, and Numerous chapters in this*^ volume pn new sales taxes enacted m 1961 in Texas specific fields of state activity include and (a selective tia^) ^n Wisconsin. The treatment of measures enacted. The fol Kentucky aqd Wisconsin rates were set at lowing pages summarize overall trends of 3 per cent, that of Texas ,at~2'per :cent.- legislation during the bienniuin. West Virginia adopted its first state in- Legislation was notable in providing come tax in 1961. New Jersey, which does for expansion and-improvement of state not have a. general stat^incoiAe tax, services to meet needs of the rising popu- adopted a special tax on mcome of. inter- ^ lation and other requirements in many state commuters, applyingHo New Jersey fields. Many measures also were adopted residents who "work in otlier state? and to strengthen the structuries and opera- residents of other states who work in New tions of state goyerriment. Budgets were Jersey. Additional legislati9n permitted at record levels, and enactments to in New Jersey to enter interstate ^agreements crease tax revenue were widespread. with income-tax states to avoid duplicate taxation. In i960 Virginia adopted new ' FINANCE' ' taxes on cigarettes.and cigars, and Ver- / Almost all of the budgets represented mont initiated an excisevtax*bn the pur- increases from the previous biennium. chase of all motor vehicles. Caiifbrnia's legislature in 11961 adopted a Higher income t5x tates were set in \ budget of §2.6 billion for the yeair ahead, 1961 in Alaska, Delaware, Minnesota and\ ind that of New York one of about §2.4 New Mexico, and in 1960 in Rhode Is- billion. Among the larger biennial budg laind. The trend-to withholding of income ets voted in 1961 to meet expenditures taxes increased markedly. Georgia and for two years, that of Illinois rose to §3.5 Louisiana initiated withholding in 196(>, billion, that of Texas to §2.6 billion, and and Minnesota, Missouri, New Mexico, that of Ohicf=to a little over §2 billion. Oklahoma, West Virginia and Wisconsin j Michigan's 1961 appropriations for die did so in 1961. -year ahead approximated §1 billion. . -Aside from Texas and Wisconsin with • Tax measures were-not as widespread/ their new.sales taxes, important action as in the previous biennium, particularly was taken ,to increase sales tax rates in in 4959, when about; two-thirds of the 1961 in Illinois, Connecticut and lltali. states raised taxes. Both in I960 and 1961, "Action by the voters arid legislature in L however, revenue-raising enactments \ver(^ 19.60 increased the rate in Michigan. Sev- •*• 'v. • ••.'• ^-•' . •.•"..•••' ••- vv'-... - •..:: '•'• '• •'•'.. -87 •' :\ JH, -f V- -7-=-" 88 THE BOOK OF THE STATES V eral States in .1961 broadened tjie bases on after, the decennial census, legislative re • •••/ «». -. »• •r "i r LEGISLA TURKS AND LEGISLA TION , '89 . ' • • '9 \ - -, V'' * ' year set Up a statewide district court sys- ' addition to providing increased funds for tern, replacing the existing part-time mu- the institutions, included measures in a nicipal judges and trial justices. Among number of states to increase educational ^ other legislatures acting in this field, that opportunity througji scholarships or loan of. ^Maryland, established a Municipal, funds or both. One notable exaipple was a Court in Baltimore,, arid the Rhode Is- scholarship-incentive program enacted in land session a Family Court;' the latter New York in 196 L It provides from |.l00 assumes the juVisdictions of the Juvenile to. §300 per year, depending ih family in- arid Doiftestic Relations Courts, and will come, to residents attending colleges in offer counseling services. " the state whicn charge tuition of at least , In^tHoIorado, Illinois and North Caro-' $200 a year. The same New York stssion Una, important constitutional amend- increased the number of Regents Scholar- ments were initiated in 196J for submis- ships from 7,100 to 17,000/raisedrjthe sion to the voters to reorganize the state maxfrnum, amount of loa:ns availam^ t*o courts. . ' students, and liberalized provi§ions for y their repayment. ^ Emergency Continuity in Government . • •• Important action for improved organi- More than a third of the legislatures zation and operation was taken in Cali- during the biennium provided, or initi- fornia in 1960 with adoption of a master ated constitutional action to provide/for , plan providing for a Board of Trustees to succession in some or all branches of run the state colleges and a Coordinating their stategovernments in event of enemy Council on Higher Education to advise ^ Attack. Certain of the measures provided the state's colleges, state university,^and . specifically, in addition, for emergency appropriate officials. ' / - , location of government, and som^ dealt rr uu ^ iw u ' w . , , 1 ° n \ [ -^ * Health and Welfare ^ » with local as well as state government. ' : * ;/ . . In .the fields of health and welfare, Salaries . measures to imprWe mental health serv- In more than half of |he states legisla- ices and to provide or expand medical tiveactiori was taken in the biennium to care for the peedy aged were much to the raise salaries of varying numbers aVid fore. Enactments to aid or protect chil- • categories of employees or officials in one . dren and Aputh, and to guard against : ' - or more of the branches of government, juvenile delmquency, were common. Sev-. < • - eral sessions strengthened regulation of . STATE SERVICES tlie drug industry, and there \ 9 y '•. >^''': .• ' V '.. ^ 5-^ r IF b^-. 90 THE BOOK OF THE STATES < Mental Health; its legislature allocated approved in November, a 160 million X. $150 million in bond proceeds and made "Green-Acres" bond jssue to acquire .. »" additional appropriations for improve lands for recreation and conservation. ments in mental hospitals and o.ther wel Measures for developing and regulating fare agencies, and-for new facilities. water resources were to the fore, as in many. years past. One notable develop Highways * ment waa approval by the legislatures of Extensive legislation fo;- highway safety Delaware, New Jersey, New York and prominently included enactments to com- Pennsylvania of the Delaware River Basin bat drunken driving,,to tighten or other Compact"'for long-range development of wise improve licensing systems, and to that river's watershed, including water strengthen/driver education in schools. resources and flood, cqntrol. At least six legislatures in 1961—those of. California, Connecticut, Michigan, Consumer Protection New York, North Carolina and Ohio- An unusual amount of legislation was ^ required installation of anchorage de adopted for protection of G&nsumers, in vices for seat belts in hesv automobiles, vestors, and borrowers. Arrfong many leg and the Wisconsin *legisla:tire required islatures tUat acted in one or more of those sea'; belts themselves on the front seats of fields in 1961,'that of Illinois set jjip a new cars. Mpst of the safety belt nieasures consumer fraud bureau in the Attorney \ became efifective at the start of 1962. General's office. It enacted measures, to Nevada 4n 1961 became t)ie first state prohibit decep.tion or concealment in sale to ratify a new Driver Licgpse Compact, pr advertising of merchandise, and in- developed in the West, which provides creased safeguards for debtors as regards forttial means for exchange of mforma ^wage assignments and repossession of iher-v tidn among ratifying states on traffic chandise^ California's legislature tight violations, convictions and license sus' ened the laws, against .unscrupulous 10 pension or revocations, and for the: licens per cent*"mortgage operators arid prohib ing state to give effect to an out-of-state ited rrierchant's from limiting the number violation on the saihe basis as if it hadw of los^ leaders a customer may buy. The occurred within the licensing state. Michigan session adopted measures to reg A" dozen or more,sessions in the bien- ulate debt management and credit counj nium acted to regulate billboards on in seling firms, going-out-of-business sales, •'•.\ terstate highwarys: .' and charity solicitations. North Carolina's legislature adopted a'small-loan law with Natural Resources f^- stipula-ted rates for protection of f n f , A*- e^ LEGTSLATURES AND LEGISLATION 91 terstate Nuclear! Compact to foster peace Nevy Hampshire and Vermont i^ 1961. time uses.of atomic energy and he^ In Maine^the 1961 legislature enacted member states prepaxe for res,ponsibilities' the "Durham Rule", as a t?st of insanity in the nuclear field. ' ' in criminal cases,* a tule widely preferred ^ •' • .'.•..'••"' ' " by psychiatrists to the traditional" M'- Labor i Nagh ten. Rule. The Oregon legislature Adjany legislatures' inUhe biennium In liberalized the definition of insanity in; r. /^ creased benefits or-extended coverage, or criminal cases by departing from the boUa, under unemployment compensation* M'Naghten Rule and adopting part of or workmen's compensatioii or both. Nejiv the Model Penal Code of the American York and Pennsylvania adopted mini- ^Law Institute. miim wage laws, requiring payment of $1 an hour. The Connecticut and Washing Juvenile Delinquency ton sessions raided the minimum wage to As summarized under Health and Wei- V. |1.15 an hour in those stares, effective in ' fare, above, jiegislation to guard against /^ 1961, and provided for iriaeases to §1.^5 juvenile delinquency was prominent^ , at later dates. Ther""' e also were numerous enactments to. Several legislatures adopted measures deal more tonstructivelylvith young peo to protect or aid migrant workers. ple who'are delinquent. Labor relation enactments prominently Seven states in, the biennium approved included North Dakota's labor manage- the Interstate Compact on Juveniles, now ment act of 1961. This law, which defines adopted by thirty-Uiree states, which sets unfair labor practices and establishes col- up cooperative procedures for out-of-state lectiye bargaining procedures, guarantees supervisio' . n ofr -juvenile -i s ari.,.,_d thei• r returpi.J. workers the right to organize'and bargain collectively or to refrain ^rom doing so. [other Subjects , ' V Four legislatures in/ the biennium—those ^ Many enactments to strengtheift local of Delaware, Idaho, Illinois and Missouri government, to facilitate urban renewal —prohibited discriinination in employ and housing ancl, among eastern states, to ment on grounds of ^race, creed or color, > aid mass transportation, were among other arid Kansas made compliance with its featiires. In election legislation more dian anti-discrimination law mandatory. Five the required«,three-TOurths of the states legislatures—in Alaska, California, Dela- ratified an amendment to the United ware, Ohio and Washington—adopted States Constitution giving the franchise in ineasures to prevent discrimination presidentiaLelections to^the citizens of the against older workers in employment. District of Columbia and allotting the district three electoral votes. Several leg Corrections . . islatures completed action or initiated -Measures to strengthen parole or ^pro proposed state constitutional measured to bation systems were prominent in several ease residential requirements in voting states. Efforts to improve the diagnosis, for President and Vice President.. Other classification and; rehabilitation of pris enactments included measures to improve: oners gained ground. voter registration »and election proce • .V^ • s Au^orizations' for interstate use of dures. "correctional facilities also were notable. Numerous ratifications of interstate. The Alaska and California legislatures in compacts^re noted in sections above, and 1961 ratified the Western Interstate Cor widespread additional action involved rections Compact, in which eleven West interstate' cooperation. This included a ern states now are included, enabling the number of adoptions •'of uniform laws; member states to contract for sending or outstanding in this category was "the receiving prisoners across state lines for adoption by eight states in 1961 alone of confinement. The New England Cbrrec- the voluminous Uniform Commercial tibns Compact, for joint use of correc Code, the largest single project of the >y tional facilities, was ratified by Rhode National Conference, of- Commissioners Island in 1960 and by Connecticut, Maine, on Uniform State Laws. e^. •• \ ^^ -^^ o> DIRECT LE6ISLATION, 1960-1961 -j^- ANY proposals received direct ap provide for a place of voting tor otherwise proval by the vpters in widespread qualified voters Who have changed resi M. flections of 1960 and 1961, as dence witjiin thirty days before an elec-.- amendments to statfe constitutions or as tion; Virginia's constitution was amended other measures submitted at the'polls* to permit members of the Armed Forces, The gfbple passed oh such proposals in a in peace as well as war, to forego paying a large majority of die states, most of them 4 poll tax as a prerequisite to voting. in tJtie'November elections of 1960. The measures adopted prominently in •^ LEGISLATURES clude provisions on elections, the organi Louisiana's voters in November i960 zation and administration of state govern increased the .State House of Representa ment in i^ various branches, local gov tives from 101 to 105 members, giving ernment,, finance and taxation, and indi East Baton Rouge and Jefferson Parishes vidual state services. In most cases the two additional seats each. A Maryland adoptions were by constitutional amend constitutional amendment' provided that ment. Large sums of money also were pro bi'tts vetoed by the Governor shall not be vided in various states through bond is returned to the legislature \yhen a new sues approved by the voter^. General A§s^lbly has been elected iand The following summary is by no means sworn since passage of the vetoed biU.; t|ae. all-inclusive,of enactments,'but it indi general effect is that vetoes will l^e final cates their brojad «;6per'Unless otherwise folldwing sessions-in an electionA^ear; ^f identified, all of the* adoptions reported other times vetoed bills will-continue to here were in elections of 1960. be returned, to the legislature to sustain or '.'•H • • .••./•«• .. ^- -.- override. - * , A ELECTIONS ' In Missoiiri the voters approved a con- Action on elections included adoption ""stitutional amendment pfermitting the leg of a constitutional amendment by the vot islature to set legislative compensation ers of Oklahbma, in July J960, providing and providing 10 cents a mile for travel to that presidential electors be noiniriated by and from the state cajSital twice a month, their party conventions. when the legislature is in session. The , In tne November 1960 Section, the peo same amendment provides that the regu-' ple of Florida audiprized the legislature' lar biennial legislative session shall ad- to provide for registration of voters in tlie jburn July 15 instead of May 31,twith the-l Armed Forces and their spouses living period from June 30 to July 15 reserved outside the sta\e. A Louisiana amendment for completion of technical and clerical tightened voter registration requirements, details; all bills remaining on the calen reduced residience requirements for voting dar June 30 are to be tabled, and mem from one year to six months, and repealed' bers' expense allowances cease after ihat a pl-ohibition against appointment of , date.'^'- >••.'.• •'•,•.,.•-;',,- ^. ;. • Registrars of Voters to ptlier pyibiic offices In Nebraska the voters"approved,An within twelve months after vacating of amendment r^providing that legislators fice. •• ;'. -• —". V"' ••••.;• shall receive salaries not to exceed $200^ ,, The people of Minnesota approved per montl\. (The existi^^g^alary for a ' removal of obsolete election provisions re biennium approximated soSi,ewhat over lating to Indians from the s^ate coiistitu- |l,700.)^evada, whicheirin958 had pro . tioh, and authorized "^the legislature-to vided for anhiial rather than biennial leg- 92 'A \ LEGISIJA,TURES AND LEGISLATION 93 isIatiVe sessions, adopted a new amend- changed the membership to one Assistant inent in November 1960 returning the Attorney General appointed by the Attor state to biennial regular sessions. ney General and two other persons, one 'A New Hapapshire amendment pro appointed by the Governor, the other by vided for mileage payments to legislators the Supreme;'Court, for each day of actual attendance at a reg- An initiative measure adopted in Wash- ular session up to a total/pf ninety session ington established a state civil service sys- -^ days qr July 1, whichever occurs first. It tern covering all employees except elected ' also provided that if the legislature calls officials, persons employed in the judicial itself into special .session, the. members *branch , and certain others. will receive no salary or mileage payrnents In i the. November 1961. election, New during the session iinless two-thirds 6f the York's constitutipii^was amended to per members of each house have voted for. mit reorganization of the state executive holding the special session,. Another New branch. An Ohio amendment adopted at Hampshire amendnient authorized the the same time provides that appointment, legislature to make census adjustments on * to office may be made subject to advice accost of nonresidents temporarily re- and consent of the Senate. Qne approved- ig in the sta-to^when making any ap- .in Peijnsylvania makes the inaugural date )rtionment to determine legislative rep- for^the Secretary of Internal Affairs coin- resentatioHi , •cide with that of the Governor. Amendments a(fc)pted in New Mexico provided: for staggered terms for State COURTS \, Senatdirs and allowed the legislature(,to set. In November 1960 Arizona's voters ap- by statute a tiirie limit on bill introduc- .proved an amendment providing for an tion. Texas voters approved a constitu- integrated>_court system for the state, tional ameijdment providing a salary of Among other features it placed all courts |4,800 a year for legislators and a per diem under the admiriisltative direction of the allowance of $12 per^day for the first 120 Chief Justice; authorized appointment of days of each legislative session; the amend- an administrative director of the courts to , ment limits the length of a regular session assist him; authorized appointment of to 140 days. & V presiding judges to supervise, under the injthe election of November 1961, authority of the Chief Justice, the admin Ohio's Ypters amended their constitution istration of the major trial courts in their to provide that State Senate vacancies counties; and gave the legislature author shall be filled by appbintment by the Sen-: ity to create municipal courts and an in- ate members affiliated with the politicalV termedia:te appellate court. California's party of the person last elected to the va voters at the same time adopted an cant seat. • amendment which established an office of court administrator in connection with an ADMiNisTRAtiON, EXECUTIVE BRANCH enlarged Judicial Council, made the State Louisiana's voters in November 1960 Bar a constitutional body, and initiated a gave the office 6i Gommissioher of In new judicial disciplinary system. The Cal surance constitutional status. A South ifornia voters also added to. rights Of ap Dakota apiendme»t restricted the Gov- peal in cases originating in municipal and • ernor'S; power to pardon and parole pris- justice courts. pners and remit fines to cases in which The Florida''electorate by constitu the Board of ^Pardons and Paroles has tional amendment authprijied the legisla made written recomrnendations. The ture to provide additional judges for Dis ,7 same amendment required the* recording trict Courts of Appeals. A Louisiana of all such actions to"the legislature, and amendment increased the judicial retire reconstituted the membership of the ment allowance from two-thirds of salary Board of Pardons and Pardles; previously to full salary. Maryland adopted, an it comprised the Presiding Judge of the amendment that increased the>jiiember- Supreme Court, the Secretary of State and ship of its Court pf Appeals from five to the. Attorney General; the amendment seven judges. ; c u 94 THE BOOK OF^THE STATES New Hampshire's voters, by constitu legislatures in the lasttwo years for those tional amendment,, raised the minimum purppses.) / amount at issue entitling parties to trial by jury in civil cases from $'100 to $500. A^ LOCALITIES South Carolina" am'endmentdeleted a pre An Oklahoma constitutional anikendime - vious constitutional provision which lim- ment, approved at a July 1960 election, i it^d civil jurisdiction of mag;istrates to permitted an additional tax levy for co cases in which the value of property in operative county library purposes and controversy or the amount claimed did joint county-city libraries. Arizona's voters •not exteed |1Q0. In addition it extended in November 1960 provided by constitu the jurispiction of magistrates in criminal tional amendment tor payment of 25 per cases from those involving a fine of § 100 or cent of privilege taxes to municipalities in imprisonr^ent of thirty days to case^ in proportion to their populations, and for' volving a fine of $200 or imprisonment of a special census of municipal populations ^thirtydays. in the years following a federal decenliial f* '•.'•• ' • • * • • • .. lend their credit, unless authorized by the CONTINUITY OF GOVERNMENT legislature; the purpose was to permit In November 1960 voters'of fourteen counties to make grants to agencies .gen states approved constitlitional amend erally described as industrial develop ments providing for continuity of govern ment corJDorations. In Missouri the voters, &" ment in event of emergency resulting amended tlieir constitution to allow mu from disaster caused by enemy attack. The nicipalities tp issue bonds for,construction fourteen states were Idaho, Kansas', or improvement of industrial plants. A Maine, Maryland", Minnesota, Missouri, soniewhat spiilar Nebraska amendment Nebraska, New HaQj^jhire, New Mexico, authorized local governments to acquire, , Or^'gon, South Carolina, South Dakota, develop and lease property to industrial Utah and West Virginia—comprising all enterprises, and to issue revenue bonds for of the states which had the amendraem this purpose. v, .before them afthat election. A New Mexico amendment authorized A similar amendment was adopted by the legislature to permit counties to di Wisconsin voters in April 1961 and by vide into county commission districts, and those of New Jersey and Ohio in Novem required that each .-district commissioner ber 1961. In general, the amendments au- - reside in the district in which he is elected. thorized the legislatures to provide for South Dakt)ta voters, by-constitutional •p- lines of emergency succession in state and amendment, made it possib]e fpr elective local government. . county administrative officers to succeed (Mary \measures have been adopted by themselves. *" -' V y V LEGISLATURES AND LEGISLA T. ON 95. construction and equipment, $2 million FINANCE AND TAXATION for^^e University of:Alaska, 31.5 million ocational ed iication, and §1.5 mil- {See also 'Bond Issues/' omow:) ~*~-—4i^for airports. A Louisiana Goii^ntutional amend- The California Electorate in November ment, adopted in'November 1960, ex- 1960 approved a 'ery larg,e bond issue empts agricultural implements, machin- one of 11,750 mill on for development of ery and equipment from taxation; an- water resources ir the.state. Two bond other exeiripts from taxation commodities issir'^s totaling|345 million were approved and personal property moving through inlllinv,." one providing §195 million for the state ,in interstate commerce or in perrilanent;hmpro\emerits at educational storage while in transit to points outside institutions,, the other §150 million for Louisiana. A Maryland amendment per- mental health am btlier public welfare mitted tax anticipation borrowing by the <, institiitioris'. -> " '••'.' state. Michigan's voters approved a consti N^w l^exico's vDters approved an §8 tutional amendment authorizing the leg- million issue "for c onstfuction at educa- islatu'te to raise the sales tax from 3 to 4 institiitions. Those of'New York percent.' N authorizie„._ , d a §,7»,%5 -mallio i n issue to acquir^ e In Nebraska an amendment ^provided predomiriantly open lands for conserva- for estjablishing bonded warehouses, for tion and, outdoor recreation, particularly merchandise in transit, intended for^hip-" ih and near rapidly growing urSah and •y ment outside the state, the merchandise- suburban 96- THE BOOK OF THE STATES dents by service in a state hospital, and STATE SERVICES granting scholarships to physicians and \ ImpTQvements of state services,'includ other personnel for specialized-training in ing education, development of natural re the mental health field. r sources, and expansion of mental health Several measures for economic develop or welfare institutions are the objectives ment are recorded uijder "Localities" and of bond issues summarized above. Nuraier- "Bond Issues," above. In additional ac ous other voter enactments \v'ere directed tion, Oklahoma'^yotets in'july/l960 au to specific statej-serviees. thorized enactment of liegislation to create Affecting education,* ari Arizona con a State Industrial Finance Authority, stitutional amendment of November 1960 comprising the'State Treasurer and seven . provided for employmerit of aliens as uni Qther members, appointed by the Gover versity or college faculty members. Cali- nor, ^ issue industrial finance: bonds ^fornia's voters authorized the legislature up to stated limits,^ A Georgia constitu-j, to provide terms of office not to exceed' tional amendment of November 1960 eight years for members of any state . established ran Industrial Development agency created to administer the state col- Commission. A Mississippi amendment • lege system. A Georgia amendment pro- adopted in October 1961 authorized the yiiaed^for establishment'of area schools, legislature to grant tax exemptions, not including vocational trade schools. One to exceed: ten years, for the purpose of adopted in Michigan liberalized the pre-^ e;ncouraging industry. viously f existing method of financing Maryland's, voters in November 1960 school building construction through uSe enacted i?he Potomac River Compact of of bonds backed by state credit. A Wiscon 1958 \^ith Virginia, for regulation of fish sin amendment, adojpted in April 1961, eries. The compact, replacing one'of 17^5, increased the debt limit of certain school was adopted.by the legislatures of the two districts. Mississippi's voters in'November states in 1959, but its going into effect was 1961 amende]^ the state constitution to suspended in Maryland pending the 1960 allow sale orrlease of school lands^for in referendum. ' dustrial purposes or exchange for other The Texas electorate, also in November lands, the benefits to continue to accrue to 1960, authorized the legislature to classify the ischools. ' ! loans and lenders, license and regulate In the area of health, Georgia's voters lenders, define "interest-,'' and fix maxi in November 1965 Adopted a'^'constitu mum rates of interest. Iij the absence of tional atnen'dment autl\orizing repayment legislation limitirig rates, maximum in of loaps and scholafships to medical stu terest was set at 10 per cen.t per year. k: i,). ^ a ^/^. . .^ •''J a- .•"^ • C> UNIFORM STATE. LAWS BY GEORGE R. RICHTER, JR.* (} I HE years I960 arid 1961 marked the possible reihibursement for expenses; In sixty-ninth and seventieth years of cluded in their number are a sprinkling of the existence of the National Confer federhl and state, judges, a substantial ence of Commissioners on Uniform State number of deans of law schools and pror cfy. Laws. During those years, the Conference lessors of law, and some state Attorneys maintained its record of accomplishment. General arid legislators. The majority of the membership of the Conference con- , ORGANIZATION ^^ •), sisjts of practicing lawyers. The principal From the time of the formation of the administrative officer of each state legisla American Bar Association in 1878, its tive reference burfeau or other agency constitution has included as one of its •charged by law with the duty of drafting) objectives the promotion of "uniformity legislation is an associate member of the of legislation .throughout the nation," Conference, and many of these members ^ In 1889 the association appointed a Com- attend the annual meetings,;' * mitte^B on Uniform State Laws, consisting *For many years the annual meeting of of one member, from each state. In 1890 the Conference has been held atvthe same ;/ the New York legislature ]^assed an act place as that of the American Bar Associa- authqc^*ng the GoVernor to appoint . tion, and during the full week preceding tlife^^mmissibners to ascertain the best that meeting. ^ 'means to effect/^uniformity in die laws of The Conference hjas the usual officers, the states" and to investigate whether it a President, Vice President, Secretary> and would be wise for the State of New, Yoilc Treasurer, and when not in session is gov to invite other states "to send representa-y. erned by an Executive Cpriimittee con tives to a convention to draft uniform laws sisting of those officers) five members. to be submitted for the approval and appointed by the President, and three • adoption of the several states," In th(^ ex-officio members. The Conference is same year, the American Bar Association divided into seven sections, and for each adopted a resolution recommending^e contemplated new ac^ the President ap passage by each state of an act similar to points a special committee, usually from that of New York. By 1895, twenty-nine, the members of one of the sections;^ to states had adopted similar laws, and all in^iestigate and, if deemed desirable, to S**!^ states have been represented in the Na draft the act under consideration. tional Conference of Commissioners on Uniform State Lawsjince 1912. ' ' METHOPS A suggestion for a uniform act may :' GOMPOSITION come from* any source. Some suggestions The National Conference is now com coihe from, the various committees or posed of Commissioners each of whom is sections of the American Bar Associa:tiori, apppinted by\the Govern(ai: of his slate, others come from The* Council of State ' either Under the express^proyisions bf law Governments or-organizatioris affiliated of "under the Governor's general executive with it, such as the National Association authority. Usually, the number of Coin- of Attorneys Gei'neral, some from national , missioners in each state is three, and they trade associations, and naany from indi-^. serve without compensatioa other dian yidual lawyers. %iggestions are'fifXt're ferred to a subco6hnlttee of the Execiitive •^ *Mr; Richter is the Immediate Past President , of the National Conference of Commissioners on Copimittee of the Conference, designated Uniform State Laws. r as the Subcommittee>n Scojpe and Pr<> 97 If-- 98 THE BOOK OF THE STATES N .gram. It investigates the suggestion and, posed uniform act must have such thor after deliberation, recommends to the, ough'«onsidferation at at least tfwo annual Execiltlve Committee whether the subject meetings of the Conference, the whpfe matter of the proposed uniform act is process is repeated again the next year. appropriate,' .whether further investiga Oftentimes it is repeated at several an tion's needed, or whether the subject m?it- nua! meetings of the Conference before terl is^iJot appropriate. If the Executive final approval is obtained. Committee .approves, a special c-omihittee After final approval of the acts by th'e ' is appointed either to investigate the mat National Conference,/they are subniitted ter further or to draft an act. Upon final. to the House of Delegate^of the American approval of the Executive Comrnittee for Bar Association for its endorsement. the drafting of an act, a drafting comitiit- Upon such endorsemlent, they are for :tee;'s appointed, consisting of four, or mally promulgat^ed as uniform laws. At ' .rnorfe members, 8epending-upon the scope that point the Commissioners are charged V and extent of. the proposed act' with- the duty, both under the constitu • One of this firs't duties of the chairman tion and by-laws of the National Confer of the drafting committee is to consult ence, and usually by the individual laws w;ith the appropriate section or cqmmit- in the respective states, of seeking to secure tee of the American Bar Association. In passage by the legislatures of the respec appropriate situations he confers also tive states of the uniform laws prbmul-. ^yith the staff of The Council of. State gated by the National Conference. Governments and witJX-Eepresentatives of trader, financial, labor and similar organi . ' MODEL LAWS zations, as well as individuals who are In addition to uniform lawsTr.the Na conversant with the field in' whidh the tional Conference also drafts and promul proposed act is to be .drafted. In many gates model laws, ^ynifgrm laws are ihstances, an advisory committee is set up drafted in areas in which uni|ormity is /vv:hicR will actually partitipate in the both practical and desiKable, Whereias drafting work. mbdel laws are drafted in ar^siwh^re j When a first draft of a proposed act is there is no need-for uniforrnity as'such, ' H. ready, the chairman of the drafting coiri- but in which the subject matter is!of* mittee presents it, section by: section, multi-state interest or when uniformity of before a meeting of the section of the" underlying principles is desirable, qr there \ •. . Conference tb which his committee is as is an emergent need in a new field. An signed. At.this meeting representatives of example is the Model Defender A:ct prq- the appropriate committee or section of mulgated.by the National Conference at the American Bar Association, as well as its 1959 meeting. This act was drafted at of industry groups and others interested, the request of tRe National Legal Aid and are invited to participate ihthexohsideira- Defender Association to pirovide a model tion of the act. Extensive reyis^ often , from which the various states could select . ^ is made in this meeting. . -X. . either the entire act or particular portions ! The act is then mimeographed and siib- •_o f it to fill their own needs with respect Editted for consideration to.a rneeting of to the appoiritmerit of public defenders the Conference: as a whole. Here, top,' 'for persons charged with crime. interested members of the American Bar Association,! as well as of industry and • _ LIAISON other groups, are invite^ to participate A close liaison is maintained with The in the discussion. The diairman of the Council of State Governments, th^. Presi drafting committee presents the act, yrord dent of the Conference serving-as an ex- by word and section by*sectidn, to the officib member of the Council^ Boarci of Conference. The deliberation is slow and Managers^ Suggestions for activities by the \^ painstaking; Questions of policy are often Conference are first reviewed with the, ^ resolved,by a vote on a formal motion. staff of the Council to ayoid duplication , Since,' under the constitution and by in effort. Eleven Ccwrimissioners from the •••/' laws of the National Conference, a pro National Conference are appointed by it y (f •• •^ • 7 •-• LEGISLATURES AND LEGISLATION 99 ,e^- 'I« ^ to serve on the Council's Committee of UMfGrrh Securities Ownership by Mi- State Officials on Suggested State Legisla- nors 4.ct: This is oilie of a series of recent tion. The Uniform and 'Model Actis acfedraftedby the Conference to facilitate drafted by the National Coiifer^nce. are business transactions. It exempts banks, included in the Council's annual piiblica- brokers and transfer agents ^^ho handle NS tipn on Suggested State Legislation. securities of a minor, but do not dealwith Close, liaison also is maintained with the minpn^irectly, from liability upon \ the American Bar Association. The Presi disaffirmance unless tliey had received dent of tl?e National Conference serves notice of, or had actual knowledge of, the as a delegate in its House of Delegates. minority of the'holder "of die security. The constitution and by-laws of the Na Amendment to Uniform Acknowledg tional Conference provide that whenever ment Act: The amendment permitsi the one of its sections or committees has under taking of ackhow.ledgments of.dependents consideration the subject of a uniform of members of the armed forces,^ and of act, it shall, during the prejparation of the ..persons serving with but not'actually act, notify and consult with the appro- members of: the armed" forces> before a priate committee or section or, in the commissioned officer in the same, manner absence thereof, with the Secretary of the previously permitted by the Uniform Ac-, American Bar Association. The unifoim krfowledgment Act to members of the acts drafted by the Conference are sub arrhed forces. mitted to, arid' uniformly, have received The new Model Act promulgated is the endorsement of, the House of Dele the- Model Act Providing Remedies for gates of the American Bar Association. the Unauthorized Practice of Law. It provides for the maintenance of an injunc ' RECENT DEVELOPMENTS tion action by the Attorney General upon >At its meeting in Washington, D. C.,.in his own- information or upon complaint i 11960, the Conference promulgated three of any 'pjbrsoh, judge or organized ^bar new uniform laws, one amendment.to a association to enjoin the unauthorized uniform law and, in addition,- one new practice of the law." model act and an amended model act. The Model Act to Provide for an The new uniform acts and th^ amend Administrator fo-r the State Courts, ap-^ ment to another were the following: proved in 1948, v^as amendied to place a Uniform .Testamentary Additio'hs to court administrator on an equal footing Trusts Adt: This act would solve tbe with comparable major administrative "Pour-Over ..TrusV' problem; it would agencies within the state, an^ to make pebnit a will to provide that a part of tlie it clear that traffic coiirts come within its estate should go to an alreacly existing scope: • .' ••; . j. trust without the necessity of repeating At its meeting in St. Louis, Missouri in in the will all the terms of the trusti thus 1961, the Conference promulgated three removiijg the doubt thai^ exists ias to uniform laws, one new Model Act ayid a whether the pour-over provisions are valid feviised Model Act. The uniform acts pre in view of the general requirement that a the following: i ; ^ will be wholly in writing and signed in the Uniform Death Tax Credit Act: This '< presence of witnesses. The act permits act would provide a uniform procedure to subsequent amendment of the inter vivos \ assure that all states in which a decedent trust unless the will provides otherwise, has owned property will receive their Uriiform Act on Paternity: This kcfwas proportionate shar,e of the allowable drafted a!t the suggestion of The Council cre^dit against the federal estate tax for of State Governments* and the National state deadi taxes, blit that no estate will Probation and Parole Associatioii to es b^ required to pay to any state death taxes tablish a simple and 'effective civil action in an amount larger than necessary to to replace tlie antiquated "bastardy'/ pro cover that portion of the credit to which ceedings, with their preliminary examiri- the. state is entitled. ' / ••'f atioh arid other quasi-criminal features, i/niform Non-Resident Individual In which are still used in some of the states. come Tax Deductions Act:- Thh act JL...:. '-• f^- \. •^•-..s; €> 100' THE BOOK OF THE STA TES wouid^ eliminate inequities in the taxing twelye years to complete. In this, tremen of income of norvresident individuals by dous project, the Conference acted jointly requiring that they be taxed at the same with the American Law» Institute. The rate' and with the same allowances,,per code is a complete revision of the basic sonal exemptions and deductions as are commercial laws of the states to bring allowed residents of the taxing state, but them up to date with the present practices with the allowance, exejpptions and de- of business. It supplants some of the early , ductiqns granted on the propor^onate uniform laws drafted by the 'National , basis ^at income earned m the taxing 'Conference, such as the Negotiabfi? Instru state bears to the total income of the tax- ments Law, the Uniform Sales _ • payer. \ ; • / .••._ .'^ '• Uniform Warehouse Receipts. Act, thie Uniform State Code of Military Justice: Uniform Bills otLading Act, the Uniform This act, based on the United States Code Stock Transfer Act, the Uniform Condi- of Military Justice, provides a code for tiojaal Sales Act, and the Uniform Trust military judicial procedures in state units Receipts Act. In, addition, it contains^ , of the National Guard while they are not articles covering new areas for uniform' in federal service, and for state guards. laws, such as bank deposits and collec It includes the right of appeal and other tions, lett'ers of credit, bulk transfers and features designed foansure better protec- all types of security interests in personal . tion of the rights of the individual with property, including sales of accounts, out* sacrificing command efficiency. contract rights and chattel paper. , The new Model Act is the Model Nu Eight states adopted the code in 1961—, clear Facilities Liability Act, which "vvoiild Arkansas, Illinftis. New Jersey, New Mex sestablish the tort law^dcctrine of strict ico, Ohio, Oklahbma, Oregon and Wyo liability, or liability without fault, for ming. They joined the six states which personal injuries or property damage re- had adopted it previously—Pennsylvania, ; suiting from a nuclear accident occurring Massachusetts, Kentucky, tonnecticut,. at major nuclear facilities. . New'Hampshire and Rhode Island. . The revised Model Act is the Revised Most of the other states have studies Model State Administrative Procedure under way with the view to adoption of Act. This Revision of the 1946 act proyicies the code, the studies being made ijy legis ," for .more effective public participation in lative committees and other officially ap-. agency hearings and for dissemination of pointed committees, as well as state bar information, to the general public. In ad . associations and other groups. It is antici dition, court review of agency action pated that the next few years will %pe the .would be facilitated and additional'steps code adopted "in a substantial majority to assure diJe process would be required. of the states, . It is anticipated that adoption by states of these i/ew unifohn and model acts, and CONTINUING ACTIVITIES further adoptions of previously promul Committees of the National Conference gated acts, will materially swell the total are presently engaged in investigating or . of some l,$dO adoptions'^o date of uni drafting acts on the following matters: : form and model acts by the respective fifty states, the District of Cblumbia and 'Revised Uniform Principal "^and Income Act. Uniform Anti:Trust Act Puerto' Rico. Forty-nine states have, en ^Uniform Recognition of Foreign Money ' acted a minimum of tiventy different acts Judgments Act promulgated by the National Conferen^re, Uniform Weather Control Act ' and Wisconsin has enacted more than Uniform Federal Tax" Lien Registration Act t-. Uniform Trustees'Power Act :.^ixty.. ; '. /• • ;^,. / ' Uniforni State Unfair Cohipctition Act iv. ,.\ Uniform Cdmmercial Code. The out Uniforni Act on Civil Rigiits of Gonvictl standing event of th6 1960T-61 biennium Persons. ' . :, ' ' was the widespread adoption of the Uni^ Uniform Anti-Solicitation A'ct .. Uniform Extra-Territorial P'focess Act ionri Commercial Code. The code is the Ujniform Regiilatiori of Carriers.Operating in V largest single project ever undertaken by Interstate Comiperce*Act thcxdulonferencie, and took ' more than Uniform Traffic and Vehicle Liaws • " ct"^ 7.'..- r- LEGISLA TURKS AND LEGISLATION 101 • Unifdrjn Unioi]/Welfare aiuif,Pension PJans /Kie Conference annually publishes a •.. '.ACT .••;.•• Handbook of its proce6di|igs, and a sub- ;' Uniform Election Laws '\ - tJnifonn Act on Civil Rights of Penons of stanjial number of articles, notes aiid com • / Questionable Competency • ' ' ^^ ments dealing^with the Conference pro * Uhiforin Insurance Code f jects appear in law reviews'and journals of Model Acts to Protect Land Titles Agamst bar associations; ; v ' V. -\ Obsolete and Formal Defects 'As'the jet age-passes into the space age Copies of the Uniform and Model Acts and distances decreasejln relation to time, promul^ted by the Natiohal Conference the need for uniformity in state laws will may be obtained from the Executive continue,j;o increase. Demands for uni- Secretary of the Conference at the Amer tormity, as well as for imprbyement in ican Bar Center, 1155 East Sixtieth Street; legislation- and justice, indicate that the Chicago 37, Illinois. Information about activities of the National Conference.of the Conference and its activities likewise Commissioners on" Uniform State Laws may be obtained there-. will continue at a'n increasing rate. .«• / • •«••. r -. I «-.;'<•:• ^. • ?• Kj) V * y- / X. A • \ v- 102 THE BOOK VF THE STATES RECORD OF PASSAGE OF UNIFORM AND MODEL ACTS* - As of November 15, 1961 . . « •^-^t- • UNIFORM. ACTS- T-^ 'k tt V-- N-# iy £; :=. 3 • ^ ^ •a •5 . 5\ «-^ , I 8 5 I R I o I I I •|2' C0» Q <5 ! Is a o J .00 ' OS" >>. 'J o •o. Stale or other .o -5 =: o jurisdiction c? cq- I ^ a fe;. Alabama.: ir • • • • • 7^ • Alaska...... •it- • • • • • • •6: Arizona... ir • •. • • • • • • • • • • • Arkansas..... w -A- • • • • • • CaUIomla...... -^ •k • • • • • • Ck>Iorado...... -^ • • • • • . • Connecticut... ^ • • • • • • Delaware -^ »• • • • • Florida...... j^ • • • Georgia...... , .x. • • • i • .. * . HawaU...... J • • • • Idaho ^ • • • • . • • iiunois..;.;... ^ • Indiana...... ^ • • -k • • • • • • • • •. • • • . • Iowa ;... ^ • • • .• • • • l^nsas ^ • • , Kentucky..'.— ^ • •V •tr Louisiana ^ • • • • .. • • k Maine..... JL. • ^» .. • • • _ Maryland...... ^. • • • • • • • • Massachusetts. ^ • • • .. • • Michigan .. if • • • • • .• Minnesota ^^ • • • • 1* • • Mississippi...... if • • • Missouri. .< if • -K -k • Montana i^ • • • • • • .• • • Nebraska if • • "^ Nevada..,...;. .J. • • • • • • • • • • • r" New Hampshire -A- • • • • • • NewXersey ^-^ • • • • • k New Mexico....^if * • • • • k > New York.;.. .-if • • • • k V^ North Carolina, if • k • k North Dakota., .x- • • • • • •••• • kl • •ir Ohio .....; J • • • • • • k Oklahoma -jf • • • • • k Oregon.... if • • •• k . Pennsylvania. ..if • /• • • • • • Rhode Island.. - -jf • • •. • • • k South Carolina, if • • • • --•• • • • k South Dakota.. -A- • • • • • • • • • • • • Tennessee if • • • • • • • Texas ;... -if • • • • • • • • • • Utah... if • • • • • • • • Vermont •*• • • • • •A- • . Virginia • • • • • • • • • Washington.... • • . • • • • • • t West Virginia... • • • • • • • • • • k Wlsconste. .1^ • • • * • • • • • k Wyoming. • • • • k Dlst. of • • .. • • • • • Columbia:;:. :Ar • k Puerto Rico.... • • • • • k • Total 52 Sr . 21 39 41 22 30 18 41 25 28 21 43 24 48 49 'Prepared by the Nationa52 l Conferenc37 33e (tf Commissioner* on Uniform State Law*. "ir A* amended. • • - LEGISLATURES AND LEGISLATION . 103 RECORD OF PASSAGE OF UNIFORM AND MODEL ACTS-Continued ' ' As of November 15, 1961 , UNIFORM ACTS—Continued—^ "o «t:^ II I I i i-i I III is if 0/-> ^ t;^ -a^ '^'^ a - i« J 5 •3oi •= «b»' 5*: -So; ^ ^ 5 3 E g g -^gb; ^ ^ fc ^s I iilS:ii I ^11 I I iilie. I3 -2 -a 2 2 5-5'^ "*t ^a^^ 1a"-- ta^^^ .22 Cg 2 IR SI .So ^-S i^^io'J'-' 3J J S S •a ' stateorolhcr h >< > . O cp .->- O h , f-i ft, !:3 O -^ -^ a. • "-^ •-; to ft, jurisdiction •k .... • .. .. • :*: ..;..., .Alabama • ....•...... Alaska • ... * -k^ .. •• .. •* .. -k .. .. * .. .. Arizona • .. •• .. .. * • •• TJT * •• •• •• • , Arkansas • • \* • • ...... '•...... ;^. California .. • .. • ..A. .. • .... • .. Colorado • • .. • • ...... ^ •• •• ..';.Connecticut • •• • * -*r * ...... * ...... Delaware • .... • • • .; ... ./ • ..• • .. .. :•' ;...Florida • • ;. .. • ...... GeorgU • .. ,• • • • .. • .. • - • .. .. .Hawaii • • • .. • ...... ^..-Tlr .*. • \. • ...... Idaho • .. .. • .. • .. :••:•: •' .. • .. .. • lUinols • '.. .r;.* .. • ...... • .. ..V ..Indiana ...... XvA- ...... TV ,. • .. ., ...... ' Iowa .... :' * .'. • ..* -k •.....*,.. ,t!r .. .. •• Kansas • ...... X' .. • , ...Kentucky -k ...... Louisiana • ....'•..• .. ' .. .. • .. Maine • • .. • .: -: .. .. k -if .. k k .. Maryland k ... ]... k .... ^ .. * Massachusetts • .. • • .. .. • .. • .. • .• ...... Michigan • .. .. • • •...... • .. Minnesota • ; .. : k k I .Mississippi ...... • • •- .. .. • ...... Missouri • .. .. • • • • .. .. • • .. • .. .. • Montana • .. • • • .. .. • .. • .. • -...... Nebraaka • .. .. • • .. .. k k _,. .. k' :• k .. .. .&>...... Nevada •. ....•• .. • .. TV ..' •• .. • .New Hamfi|hlre .• .. ... ••.•... • .. • .• -. .. .. iNewi&rsey • .. • .. • •" .. • • .. • .. • • ...... New Mexico • • • • • • ...... • ... • .. ..New York .. .. * .. .• • • • North Carolina • • .. .. • • ...... •- ...North Dakota .. • • • •. .. .. -ir . .. .. ' Ohio * .. ,• .. ...k ••• .. -ir •• •.. •*•,•• .> Oklahoma • ..•••• * .. • .. .. '• ...... Oregon *• * .. * k k 5'-. .. ir •• k ...Pennsylvanlia • • • • .. .. • •. Rhodelslai- ...... r* .r^ .. .. * , ...... South Carollni • • • • • • .. .. • .. • • .. • • • • .. ...South Etokotjfe • .^ .. • • * • .. -ir k •• ' •• •• ...... Tennesse ..**.. ''k k ^ -.. V. .. .. Texas • .. .. • - ...... - .. v; .. • .. • ...... „. ..Utah ...... k k ..... r. .. .: .. ,.,;. ...Vermont • • .. • .. .. '";...... V. Virginia • ...... k k .. • .. • .. .. • ., Washinftton • ..... • ...... • ... -. .. V. WestVh-ftinla • .. • • .. • ...... *. Ttr • -fr • ...... Wisconsin • • • • • ( ..'1^ ...... Wyoming Dist. of .; ...... * .., .. : ...... Columbia ..• \ ...... Puerto Rico 36 9 7 4S 26 28 6 3 7 19 31 3 26 5 11 19 0 2 Total \ &' .••••.. 1 104 XHE BOOK OF THE STATES RECORD OF PASSAGE OF UNIFORM -AND MODEL ACTS-Continued fsf ' , As of November 15, 1%! •UNIFORM ACTS—Continued- rS! . e ^ I 3 I •& «V1 •ra "5* •^ . ^ £S •** *^ ? «• • .2 o> »^ >^ ••i 8 o. 8 ; ft; • -1 ^ o l S r &: s. o i: 1?^ e ^, I I .2 V.H o 1 *? B If a •• •? i CO If o!2 K i i O'O. Jo _ .2 5 3 li 42 ••• 1:2; Co State or other 5t^ K 5 I E jurisdiction to >>. •:: r :g Kentucky :*• •it •6- .... •.•. ' Louisiana •k Maine •*• A- A- Ar •it Maryland 'A- Ar • •it • Massachiisetts.. iV .. A- • A- •it •j!r . • Michigan -A .. -k k •it Ar 'X . Minnesota -A- • A- .. • •k -% MlsslsalppI.....'. -k •it ..< .. J. Missouri ir • • • A: •it Montana...... if A- k - Nebraslca...... -k • •k NeTada.. -A k •it ' • _• * New Hampshire. -A A- ^t 1^, • New Jersey A" t •it •i^, • .. New Mexico v' -^ k •it •it .. •k New York ' I-k k (a) North Carolina.. I • k •it I. North Dakota..." * k .•it-^ "• Ohio ,. -ic Oldahoma •& Ar .. k >. •& 1 • ' ' • Oreftbn -k -k .. ^...... A •it •it- k Pennsylvania... A- Ar •k k A- •it •it k Rhode Island... Ar A- •it •it .. South Carolina.. • .. A- -. •it t*-^ ^' . South Dakota... -k • • • • k •it^ Tennessee •. • A- k ../.., •it ^ Texas. •k •• ...... •it Uuh.., Ar • • '.'. k '.'. '.'. Vermont.. -k •• k k A- •6- Virginia A- -A A- -k •it Washington..... Ar .. A- Ar ...... •»• k Ar WestVhrglnia... • .. • • .. ..'.... A- Wisconsin...... A- •• .. .'... •A- • A •it • »*<».*«<.'« \fc»A"»' •it '•i '.'•• Wyoming ...... A- Ar •• -^ • A- •• •• District of r^ Columbia •jUr .. •A .; -fr Puerto Rico...... yr •1 Total...... "47 14 14 17 0 0 1 9 8 ' 1 36 1 1 2 51 14 7 (a) Has adopted the Council of State Governments' fonn of Supportof Dependents Act. which li similar to the Conference Act. '^, s: LEGISLATURES' AND LEGISLATION . . «105 RECORD OF PASSAGE OF UNIFORM AND MODEL AGTS--Continued . ^ , . Asof November 15, 1961 . . .— :',• . TTNTFORKf ACT" Cnntittiifd \ c ft*. E ^ 1 1 S' 8 s IS^ If *S St i§ a| ^ § = s^ -aS, ills 1? i il 1 1= B s 11 s! 1 = § l-i s >? 3^^1 .2=2 ; ^ §5 r^S S„2 Sl 6-i 5,fe ;^2 VS .^ :; | -gl :5a ^? II , SlaU or other • 1 •^ N; O Q ft, CO U ^ ft, '5 U to O -Q ^. Co t2 ^ jurisdiction ^•...... " ...... ; .. •^^ ...... Alabama .... Alaska ...... •*• .. • ...... if if if if • Arkansasc^ .... • . • .. • .. if .....': if California .. .. Connecticut' ! .< .. ;...... * .. :.. .: .. .. Florida ^ Geortila :: :: :r :: :: :; :: :: ;: :: • • :: :: :: :: ...... jHawall ...... • ...... * * • * Idaho if if • if if ., • * "... Illinois -*• .... Indiana : .. .. "...... ,.. • .Iowa :: .: :: .: .: :. •».: :; :: :: • • :: :: :: ;; ....-•. .Kansas .... if if ...... Kentucky .... Vr .. * .. .. • .. .. Maine V • ...... • • ...... ; Massachusetts .. • .. • •• .. • ic ...... Michigan .: .... ,. if * ... Minnesota ...... :. .. •*• .. ..'.., .. ;. • ...... •*•»...... Missouri ••...... ; Nebraska *• •*• •*• -*• •* • • •, .New Hampshire ...... if ...... - ...... if ., ...... • if ..... New Mexico • ...... if New Yor4c ' t ' ...... • • * * Ohio •*• .. ..., -* if .. • - • :. v. .: it ..- .. .. •*• .. .. :. Oregon ...... •*• ...... if ...... Pennsylvania .... .; ...... if .... Rhode Island .... •.. • */ •• *• •• • • ..South Carolina ...... if ....South.Dakota if .... ., ^. . ••» .... if .-. if .. if Texas .*. if if if Utah ...... •• .. .. " ...... if * •*• ...... Virginia » ;. .. .. •*• ...... • • • Washington ....West .Virginia ...... • ...... if .. ... Wisconsin ...... ' .... if • • J- District of 0 2 3 5 9 3.311.14 43 "l3 1 35 2 2 12 ...... Tdtal •\-- 106; THE^BOOK OF THE. STATES RECORD Of PASSAGE OF UNIFORM AND MODEL ACTS-Continued As of November 15,-1961 • . . <, UNIFORM ACTS-Continued- •MODEL ACTS- <5^ r r J- c .•« s^ E .2 Si s 2 "So- •5— ."22: f^ ^ •wo 5 fc s V o •=5 va ^§ <.: S 55 k.—' •,•3 I a b ••la- .2 ^ #^ fe o ^•^ 5S O .5 -S: .¥ •? -5 •qM OKI 0'v5, •CO* state or other •o. II I o .H II jurisdiction CO J5 E::; :§ g '3 ft; •«: I I ^ •"I Alabama. Alaska • •« Arizona... • Arkansas. • California..., Colorado -Connecticut. Delaw^-J^ ... Florida.^.... • Georgia r. Hawaii... Idaho...... ;:i Illinois.. Indiana. Iowa.... Kansas. Kentucky... • Louisiana... • Maine • Maryland... Massachusetts ' > Michigan...... ^. .* Minnesota • Mississippi Missouri. -k NebraskaMontana. NevaTda... New Hampshire New Jersey..... New Mexico • New York North Carolina. • North Dakota.. • \ Ohio..... Oklahoma..... Oregon...... Pennsylvania.. • . Rhode Island.'. South Carolina. South Dakota.. .. -A- Tennessee * Texas • Utah .. .. *>• Vermont .«. .. Virginia .. • Washington •*• West Virginia.. .. • •< Wisconsin -jlr^ Wyoming..- ir District of \ Columbia^ • /^ Puerto Rico. Total 32 8 -J. 15 J r~ LEGISLATURES AND LEGISLATION' 107 RECORD OF PASSAGE OF ^NIFORM AND MODEL ACTS- -jConclude^ As of November 15, 1961'^ -, ' '"•/ ' .. '" .• r- • T •. - \ ^ li ^0 0. Oi r >n %. f0, u E . ,0 a . . o - E •a w •2 *-> 5 K ' ^^ .a s •*• . •*• a •*< 3 E H .«§ •^ . K is " R V. 1. •** E R a, s •5w .0 State or other 1 •^ to Oi Q ftl- 0^ CO OQ Q .ti; .^ • ^ . jurisdiction K G SO 6 <3 fti ^ e. - a 1: • • / ..r>^>.. • • / s _ ^SJt— t . .. ^ - • . .• . • * • ...... Georftla • • '..Hawaii ••• ;.. .Illinois • '' • • ••i • •• • • • • • • • • • -r • . Iowa • • / If) 0 •. ^ • .* • .* •• ...... Maryland . Massachusetts • • • • • Nebraska * •« Nevada. V -/ New Hampshire New York' 'North Carolina • .. North Dakota ..Ohio ,, ,, , , , . • .. .. - , , ,', . • .• • • . . Oklahoma »• • f- Orejlon - South Carolina ) .. South Dakota \ • «c> > • •'• • • •• ••• .. '•' .. • .... i f. Texas ;...:;...... Utah • , Virginia • , West Virginia • rf Wyoming • •/ /- District of (^ •. <& •5k • 2 6 1 4 . 3 0 .2 0 0 2 0 I 4 2 0 I 0 0 1 , 0 / - "^ / SU^GGESTED STATE LEGISLATION: PROGRAM FOR 1961-1962 ACH YEAR a. Program'of Suggested tlirough an agreement between; the f»< , State Legislation is developed'and Atomic Energy Commission and the Gov-V . E , approved by the Cominittee of State erpor of the state. The law requires that^ Officials on SOggested State Legislation of to enter into such an agreement the AEC the Council of State Governments, and is must find that a state regulatory program published by the Council. The annual is compatible with that of the federal gov volume, • given wide: distribu tion among ernment and adequate to protect the pub state officials, libraries and others inter lic health and *§a£ety. To fa'cilitate devel ested in state legislation, includes both opment of state programs that qualify for draft bills and statements without accom assumption of jurisdictk>n, a suggested • panying draft legislation. The Program is State Radiation Control! Act was devel designed to make generally available per oped and is included iij Suggested State tinent suggestions for dealing with mat Legislation, Program for 1961. ters of special current concern, and also Other notable examples are in the iarea with subjects that demand continuing- of state responsibilities to local govern state a:ttention as changing conditions ments. Local governments have been fac •/• place new demands and problems on gov ing growing demands for services because / ernment. The committee develops its of increasingly complex problems that re- drafts and suggestions to reflect what are suit from new industrial and technical regarded as superior practices, based on processes and from population concentra the knowledge of iexperts in the fields tion. Many of these modern urban prob involved. lems cannot be solved on a purely local ¥6T example, the increased use of radio basis. Cooperation in jqint undertakings active materials, both in industrial proc by all levels and^nits ojf government be-, ^/' esses and for rfesearch and experimental comes increasingly important. States have purposes, h^s greatly expanded the need a dual responsibility in assisting localgov- for regulatory activity. The federal gov emment to cope with the problems. They ernment exercised exclusive jurisdiction must provide adequate authorization' to over atomic ener^ matters following given localities through enablin^ LEGISLATURES AND LEGISLATION 109 bers of commissions on interstate coopera higher education. In addition, it carried tion, Uniform Law Commissioners, legis •four new. uniform or model acts ancl lative iservice personnel and other state amendments to two others promulgated officials. The staff of the Council of State in 1958 by^ the Uniform Law Commis Governments serves as its secretariat. Ad sioners. • visory and technical services are provided The committee's. 1962 Program in- by various federal agencies, legislative bill cludes-a series of ten proposals dealing drafting experts at university 1^ schools, with local and metropolitan area govern representatives X)f associations of state of ment. Amo'ng others are proposals on vot ficials and public service organizations, ing rights in presidential elections; inter and a number of others. The committee change of employees among levels of gov has long worked closely with the National ernment; weights, and measures; food, Conference of Coiumissioners on Uniform drug and cosmetic regulations; and ex State Laws, the programs arid activities of ; change of tax information. Four new uni which are described™in-"^the preceding form or model; acts promu]^ated by the" chapter of this volume. Joint planning . Uniform Law Commissioners in 1960 are _ ineeitings are held with the program com included.^ mittees of this Conference, and coopera Selected proposals of the 1961 and 1962 tive relatibnships are maintained with Programs are summarized in the follow many other groups. For particularly dif ing pages. Accompanying tables list by. ficult drafting problems, subcommittees major subjects bills and statements pre on sugge^d state legislation are fre sented in the committee's reports for those quently appointed. They work with con years, followed by a" list of the committee sulting assistants from among the various membership.; groups mentioned above. Proposals for committee consideration 1961 PROGRAM . '' are received from individual state officials? ^ . Among the mostimportaht proposals in and organizations of state officials, from the 1961 Program is the State Radiation state agencies and legislative committees QontrpI Act referred to above. It contains N*- and froni professional :^nd'public service a number of alternative administrative ar associations. The United States Bureau of rangements to meet the needs, legal re the Budget, acting in a liaison capacity quirements and organizational patterns of fith the committee, gathers"together vari- states. The act authorizes the Governor to^ is proposals which federal agencies wish enter into agreena^nt with th^ federal gov- , to call to tlie attention pf the states. ernment to perrtiit the state'to assume •^^ The annual Program of Suggested regulatory authoritv presently exercised State Legislation, incorpoTdLtipg the pro by the Atomic Energy Commission. It in- . posal finally approved by the-committee, eludes legislative authorization for pro-/*"*^ following detailed consideration, usually grams of licensing, inspection and record "^ consist of three sections. One contains pro keeping which extenato all sources of posals in the form of draftjlegislation. An ionizing radiation—those now uridjer state other carries statements "that deal with jurisdiction as well as those over waich the matters^pf interest to the stiates generally, states may acquire jurisdictioi/in the without draft bills. A final section is de future. -^ ^ voted to hew acts promulgated by the Na Because of increased state interest and tional Conference of the Commissioners activity in atomic energy developraient, ^' on Uniform State Laws. supplement to Suggested State Legisla- TheProgrom prepared for the 196 lleg- tion, Program for 1961 was published, islative sessions presented twenty-eight containing all the relevant proposals de proposals in such widely varying areas as veloped by the committee in recent years, regulation of radioactive materials, rec ————— ^ w ords management and preservation, pub ^For details see Suggested State Legislation, •_:, lic assistance, employment agencies and Program for 1961 and Program of Sfiggested State Legislation, 1962. Also, Index to'Suggested State 'Other aspects of labor legislation, judi-. Legislation: Programs for 1945-19^7. The Council cial administration, police training and of State Governments, Chicago. ; "s- •.••.'',:... \ 1:. % no THE BOOK OF THE STATES including its Coordination of Atomic De of private employment agencies, and fur velopment Act from the Pw'gram^or 1959 ther statements deal with legislative ac and proposals on Workmen's Compensa tion to insure fair and equal employment tion Coverage in Light of Radiation Haz opportunities to persons over 45. ' ,^ • ' ards from the 1960 Program, as well as the In the field of education, a proposed act State Radi^tiogj, Control Act and several on so-called "Degree Mills" woTiid require others. \ '.. . that an educational institution granting a To provide for continuity of govern degtee must provide a minimum amount ment after a disaster it is iipportant that of resident instruction or satisfy special HierelDe public officials with legal author conditions for instruction by correspond ity to acfef and a legally authorized seat of ence. •\ government from which to act. Another ^. Among other proposals Accompanied by requirement is that records essential for suggested statutory language, one would government operation and protection of make agreements between a person in the rights and interests of individuals be jured in an accident and a potentially.ad available. A proposed constitutional verse party voidable by the injured person \ amendment and four acts to assist ii/ac within a year of the agreement; its pur complishing the first of those sets of ob pose is to protect persons against pre jectives were included in Suggested State mature settlements made while still under Legislation^ Program for 1959. Two acts the strain produced by the accident. An-• in the Program far 1961 are intended to other would permit persons accepting assist states in meeting the latter objective. gainful employment or establishing resi One provides statutory auth<)rity for a dence in a hew state to Continue using state to,have an effective records inanage- motor vehicle plates of their states of ment program. In addition, a preserva former residence until the registration ex tion of essential records act contains gen pires/to avoid the necessity of buying du eral provisions regarding retention and plicate plates. The Program 2Lho includes destruction of records, and specific pro ^ a municipal police training act, an act on visions relating to preservation of records regulation of recreational facilities, a state that would be essential to governmental humane slaughter act, and one dealing continuity and the'protection of individ- with the height, location and other char- ;ual rights in event of disaster. actefistics of structures near airports to Two mfeasiires.in the Program deal with prevent obstruction of airport facilities. A /public welfare. One, the Interstate 'Com proposal to allow state purchase of obliga- . pact on the Placemenf of Children, pro tions of the InternafionarBankior Recon vides procedures for their placement, by struction and Development or of the In piiblih agencies or by private persons or ter-American Development Bank is still agencies, in states other than their own another entry. when such placement is for foster care or preliminary to possible adoption. It also 1962 PROGRAM provides for placement of delinquents in. As noted above, the 1962 Program in out-of-state institutions. The Inter/tate cludes an importantiseiues oiproposals on Welfare Compact, also presented in the state-local relations and metropolitan 1961 Program, has as its objective the.pro- areas. Four proposals deal broadly with vision of general assistance on a coopera state-local activities. One would establish ^ tive basis to all needy persons. Spates party an office of local affair^, authorized to pro to the compact would make general assist vide technical information services to lo ance available on a reciprocal basis to any cal units of government and to serve in an persons who nibve from one party state to . advispry cajpacity to die Governor and leg another, regardless of existing residence or islature. An accompanying statement settlement requirements. An optional urges that the state lead in establishing or . title, wpuld apply similar provisions to fed extending technical and financial assist erally: aided categories of relief, \ ance to metropolitan areas. Another sug ( Relating to labor and employment, pne. gested statute would permit local units of ^proposed bill provides fdr state regulation government to enter into agreements by . \ LEGISLATURES AND LEGISLATION 111 which responsibilities for performance of of courses, and requires solicitors for certain services would be transferred courses of instruction to obtain permits am6ng>4he units involved. Finally, a state- ; from the State Department of Education ment urges,the states to review existing and to be bonded.'.The'act was drafted provisions governing, municipal, annexa after careful consultation with representa tion, with the view of minimizing spo tives of various types of educational insti radic incorporation. • ^ tutions, many of'which would be covered Five proposals relate directly to metro ' by it.- , V . politan area problems. One statenjient sug One method of providing for dissemi gests that while maintaining the rnaxi- nation of information arid for coopera mum degree of home rule the legislatures tion among various units and levels of should retain sufficient authority to insure government is.exchange of personnel^ Fre reasonable development of metropolitan quently such exchanges can be worked out areas! A second proposal, including statu- informally, but more often formal author-, .tory language, provides , for creation of ization is neg^ed. Provisions regartiing functional metropolitan service corpora-• salary, tenure, supervision and other as tions or authorities to carry oat one or pects have to be developed. A suggested . more designated functions in a metropoli State Employee Interchange Act is carried tan area. Another, accompanied by a stat in the 1962 ProjT.rfltn^ designed to permit ute, would permit the state and local gov- state and local departments and agencies ,,ernments to acquire interest, both in fee to participate in employee interchange simple and "a^neaseitients, in open lands. programs among agencies and levels of This suggested legislation is consistent government within the state, other states, with existing federal legislation that au and the federal government. Th'e sug thorizes a matching program for open gested; legislation declares it to be the spaces. Two statements urge state legisla policy of the state to perrriit such em tion to authorize establishment of metro ployee interchange programs where they politan-wide planning authorities, and would assist departments or agencies in that states^assure" themselves that existing resolving problems in their fields, as well legislation is adequate to provide for tem -as problems involving an intergovern porary metropolitan area study commis mental factor. The act then makes the sions. / ^ necessary provisions for. an interchange / The diversity of American education prografm. • V has Gpntribiited greatly to its vitality and Increased revenue is the objective of a to thcxgeneral availability of educational further proposal. It has been found pos- opportunities. Yet it also has given leeway .sible through a prudent.but vigorous pro for questionable'practices on the part of gram of investment of idle cash balances some establishments purporting to offer to increase state and local government rev- courses of instruction. To assist states to eriues appreciably. Anenabling act in the deal wuh certafn of the possible abuses, Program would clearly authorize the gov the 1962 Program presents a suggested act erning body of a. municipality, county, * to regulate the publicizing, selling and.ad school district or other local governijnen- ministering of courses of instruction. It. tal unit to invest and reinvest its funds in exempts many types of institutions, al certain interest-bearing obligations. ready subject to regulation by the state or Ah Interstate Agreements Records Act "-^ recognized accrediting agencies, but it is rncluded, to assure availability of infor would apply to most types of schools and mation regarding a state's participation in areas of instruction in which problems of interstate ; compacts and in interlocal fraud in dealing with students have been agreenient^ which may be in the/nature of encountered. The act supplements sug interstate^ompacts. One act, drawing on gested legislation on "Degree Mills" from Connecticut arid Massachusetts experi the Program for 1960, which applies; only ence, providesJor review of sentences in , to degree-granting institutions. The new cririiinal cases, in order to minimize varia suggested measure prohibits certain prac- tions in sentencirig for similar crimes un ticesiound detrimental in tlicpublicizing der similar circumstances: Still another .,"-"•"• • • .. ,*'••• ^- '.• "••• ->i,*, 112 .^ THfE BOOK OF THE STATES ' ':' proposal provides for regulation of high ^tion reviews action already, taken by cer- v pressure pipelines. Rev^ions, of earlier tain of the states in dealing >\vith the ^ proposals are • carried on granting of re- problem, either by shortening Iresidenee leases in personal injury cases and on requirements or by providing for absentee equal pay for.-^yomen/ vote in the state of former residence. Fur- '^ Among' statement^ setting forth pro- ther statements dear with exchange of tax posals without accbmpanying draft legis- recoriis and information among level's of lation is one dealing with loss of vpting government, a revised uniform.food, drug rights in presidential elections by persons and cosmetic bill, a model state law on who move from/one state to another weights and measures, and state radiation shortly before ail election. This preserita- control regulations.- ft V ; PROPOSALS OF THE COMMlTTEEuPN SUGGESTED STATE LEGISLATION ' PROGRAMS FORT961 AND. 1962 ••/• • • • •- - ••.. • - • , • • •••••• •'•.•••-/ X ' ^n. 1961 proposals are in rbmari typ(e; 1962 proposals.are in italics. . Some titles are abbreviated. • ..V •'••-.•. • . ". • •• • • 't-^^' • •• ^'"-'^ • ' , . '.• . ' ,• "•••••^ .;,••'•"•_ ' •' . • ' • ' * • •. •.'•.'••" •-' •"'••• ' • , -• • ATOMIC ENERGY AND RADIATION / • ?*i 1. Radiation Fallout Protection and Shelter 2. State Radiation Control Xct -„ . '> Incentive Proposals* 3. State Radiation Control Regulations - -• BUSINESS RECUL.\TION ,. • • «» •. .. - • • - . • , ,.••••. •"•••-•-..'- 1. Labeling of Hazardous Substances* 5. Regulation o£ Recreational Facilities 2. Model State Law on Weights and Measures* G. Revised Uniform State Fodd, Drug-and 3.Regulation of Characteristics of Man-Made. Cosmetic Bill • Structures near Airports 7." Stale Humane Slaughter Act A. Regulation oj High Pressure Pipelines 5 ' ' EDUCATION. 1. Degree Mills 3. Regulation of Publicizing, Selling, and . 2. Educational Institutions and Urban Renewal* , Administration of Courses ol Instruction . • V s^ •' ..,•.. • . / • '• • •/. . -••:,•' '..'••' • '\ GOVERNMENTAL, ADMINISTRATION I.. Continyity of. Government* 6. Investment of Idle Funds 2. Disability of the Governor* 7, Pr«scrvaitionoif Essential Records Act 3. Exchange of Tax Records and Information* 8. Records Management Act 4. Intergovernmental Cooperation 9. State Employee Interchange Act^ b/^nterstate Agreements hecords Act. '< • -,* . • • •• ' ••'• . , • . • • • -• A• • ••••'•", HEALTH AND*\VELFARE • 1. Air pollution Control* 3. Interstate Welfare Compact 2. Interstate Compact on the Placement of 4. Litter Prevention on Public Waters* Children 5." Residence Requirements for Public Assistance* ip *Indicates statement only, no suggested legislation carried. -.">» •*••'.•• ,. • ' -, : t> LEGISLATyRES AJYD LEGISLATION .113 .if>. • i :':, LABOR; 1. Disctimination in Employment : Because oE '4. Implications to States of 1959 .Federal Labor Age* • / Legislation* . /•, * •' 2. Equal Pay for Women (Revision) " ..> 5. Regulation of Private Emmoyment Agencies 3. Extraterritorial Compensation in Workmen's 6. Workmen's CompensatipiVLaws* ' . Compensation Laws* .<' LAW ENFORCEMENT, GRIME CONTROL AND Coinits' 1. Amendments to Model'Act to Provide, for an ^.Review of Sentences'in Criminal Cases Administrator for the State Courts 4. Standard'Family Court Act and Standard 2. Municipal Police Training Act ' .. .. Juvenile Court Act*. LOCAL GOVERNMENT 1. Assertion of Legislative Authority* 6. Municipal Annexatiori and Incorporatiori*' 2. Financial and Technical Assistance .to. LocaP 7. Office of Local Affairs {Revision) Governments* . <^ 8. Securing and Preserving "Open Land" S. Metropolitan Area Planning Bodies* 9[.JLQluntary Transfer o,f Functions Between 4. Metropolitan Area Study Commissions* Municipalities and Counties 5. Metropolitan Functional Authprities MISCELLANEOUS 1. Granting of Releaseis in PersonM' Injury 4. Model State Vital Statistics Act of 1959* • Cas'e^ .,• 5. New Residents' and Nonresidents* Motor 2. Granting of Releases in. Personal Injury. Vcl^icle f|legistratidn Cases (Revision) • , ' • 6. Purchasq\ of Obligations of fhe International 3. Loss of Voting Rights in Presidential Bank for Reconstruction and Developn^ent Elections* * and the Inter-American Developme;nt Bank . . - X UNIFORM LAwsf 1. Amendments to Uniforni,Acknowledgment Ac^t 6. Uniform Death Tax Credit'Act 2. Model Act Providing Remedies for the 7. Uriiform Non-Resident Income Tax Unauthorized Practice of Law ' Deductions Act * 3. Model Nuclear Facilities Liability Act. 8. Uniform Securities t)wnership.by Minors Act 4. Revision of Model State Aiininistr<^live 9. Uriiform State Code of Military Justice Procedures Act ^. 10. Uniform Testamentary .Additions to Trusts 5. Uniform Act on.Paternity /. '' .Act. . •. .-• '••^•... • \ ' ::•- : «^ •Indicates Statement only, no suggested legislation carried. ': i. %i "^As promulgated by the National Conference of Commissioners on Uniform State Laws. ..,: ^ ^ . c f^ -•^J "C^, Y.:. 114 ^THE BOOK OF THE SJA TES COMMITTEE OF STATE OFFICIALS ON SUGGESTED STATE LEGISLATION OF THE COUNCIL OE STATE GOVERNMENTS * 1961^2 ,* LLOYD.W.XOWRF.Y,* Acting Chairman • Member of Assembly (California) \ ^ Afn.TON Af.PERT (New York) • BROCKENBROupn LAMB.'JR. (Virginia) Counsel, Office for,Local Government Commissioner on .Uniform State Laws ; FORREST H. ANDERSON. (Montana) ; BLAIR LEE. Ill (Maryland) • Attorney General • Member, Houscjof Delegates .NORMAN BARLOW (Wyoming) CRA\VFORD G. MARTIN (TCXAS)^'^"" . ;^^embe^ of Senate • " . Member of Sena,te ^ t, . I^USHA T. BARRrnj:. (New York) , EDWARD J. MCCAFFREY (Illinois) Member of Senate ., Legislative Reference Bureau . NEL fi •Member or Secretary, Comniission on, Interstate Cooperation fChairman, Commission on Interstate Cooperation