Section II LEGISLATURES AND LJEGISLATION
1. Legislatures 2. Legislation
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Legislatures <^i>^ NiW,
LEGISLAliYE ORX3ANIZATION AND SERVICES
BY LEO F. KENNEDY* fc>
r I IHE MOVEMENT to modernize State quate legislative compensation; a more I Legislatures,contintied to accelerate productive committee system; better during 1968-^9;"Jn each of the States equipment and facilities; and improving actions werie taken^^^modernize the Leg the quality and increasing the numbeTof " islature. Part of a long-term movement, staff assistants. these actions were based upon the realiza Various elements stimulated and sup tion that Legislatures needed to develop ported the legislative modernization more adequate structures, procedures and movement such as legislative study staff services if they were to solve the com groups, the voters and national organiza plex problems facing the States. tions interested in legislative improve The legislative modernization move ment. . ' /. ment was part of a broader movement Diiring the biennium numerous com aimed toward revitalizing state govern mittees both within and outside Legisla ments. XVhether directed 'toward broad tures studied the legislative process and constitutional or functional changes, recommended improvements. In forty- these efforts were set in the context of so four States studies were made by legisla cial developments that challenged the tive cominittees, staff agencies, constitu antiquated structures and processes of tional revision committees and citizens' many state governments. These techno groups. In many. States comprehensive logical, ecological and demographic"~de- examinations of* the legislative process velopments created a host of challenges were conducted; however, in other States which the States, and more specifically the the studies were limited in scope. Often State Legislatures, needed to solve if they formal reports were prepared, and by the were to continue to play a vital role in the end of 1969 eighty-one reports were issued federal system. in thirty-five States. The goal of the legislative moderniza Many of the suggested, improvements tion movement was an effective decision in legislative organization, procedure and making process addressed to urgent prob staffing could be realized by legislative lems. To achieve this aim legislative action without recourse to constitutional modernization Was directed toward a change. In States with constitutional re number of specific goals: more efficient strictions on legislative organization, pro scheduling of legislative activities; ade- cedure and power, proposed changes were submitted to the voters for their approvalr-t *Mr. Kennedy is Assistant Director of Research The">oters generally supported the rec of the Council of State Governments. Assisting ommended changes, as evidenced by the in-the preparation of this chapter, by provision of fact that'they approved fifty-two of sixty- much of tne data for it were-Miss Virginia Cook, Mrs. Carolyn Kenton ahd Mrs. Barbara Nelson of eight constitutional amendments dealing the Council of State Governments'; staff. with the Legislature submitted during 51 52 THE BOOK OF THE STATES .1968-69, (For further details on constitu than once in two; years. The ariiendment tional amendments, see. page 5.) did not specifically establish an annual The legislative modernization move session, but it enabled the Legislature to ment also was stimulated by the activities do so if it wished. As of late 1969 the and reports of national organizations in Legislature had not done so. Annual ses terested in legislative improvements. The sion pr'oposals were defeated in Kentucky Council of State Governments, through and Texas in 1969. - . its committees on legislative moderniza The trend toward providing for annual tion and training, regional conferences sessions slowly gained momentum. Con and affiliated organizations, fostered the stitutional provisions existed for annual modernization movement. One of its sessions in six States by 1947, in eighteen affiliated organizations, the National States by 1961 and, excluding Wisconsin, Legislative Conference, contributed an— twenty-six States by 1969. Annual session important stimulus to, the movement.. projx)sals were scheduled t{^be on the bal The Citizens Conference on State Legis lot in 1970 in several Stat/es including latures provided much research, informa Connecticut, Indiana, Missouri, Nevada tion and advisory sei'vice. The Advisory and Origgon. • Commission on Intergovernmental Rela Another approach used to expand the tions sponsored periodic conferences for session time structure was to eliminate legislative leaders. In addition, the Na restrictions on topics Vk^hich may be con tional Municipal League, the National sidered during the second year session. Conference of State Legislative Leaders Two annual session States, Hawaii and and university groups demonstrated con Delaware, dropped the restriction on sub siderable interest in legislative moderni ject matter for the alternate year session. zation. With the addition of Delaware and Ha waii, twenty-one annual session States SESSIONS had no restriction on subject matter dur During 1968-69 many States took ac ing the/alternate year. However, in five tions directed toward a more effective use annual session States—Colorado, Louisi of the legislative biennium through bet ana, New Mexico, Utah and West Vir ter distribution and organization of ses ginia—the second year session was limited sion time.^ Two trends were evident: to budget and fiscal matters. Legislatures were experimenting with' Other approaches used to increase the more expanded time structures and they session time structure were to eliminate were developing procedures for more or ease the limitation on length of regular efficient internal organization of the ses and special sessions^^ During the biennium sion time. • Arizona and North Carolina eliminated The movement toward an expanded the restriction for regular and special ses time structure encompassed numerous sions. Delaware dropped the restriction approaches. One approach was to amend on special sessions and increased the regu the constitution to provide for annual lar session length by providing that both sessions. Mississippi voters in July 1968 the even and odd year sessions adjourn approved an annual session proposal and by the last day of June. Hawaii eased the Florida, Idaho, Iowa and Utah voters limitation during the alternate year by passed annual session measures in No increasing the number of days allowed vember 1968. from thirty to sixty calendar days. In addition to the favorable action by Special sessions were utilized to expand voters in the five States inentioned above, the amount of time available for. formal special notice should be made of an legislative deliberation. During 1968-69 amendment approved by the Wisconsin a total of thirty-eight special sessions were voters deleting the provision prohibiting held in twenty-four States. Actually, spe the Legislature from meeting more often cial sessions were called less frequently in 1968-69 as compared with 1966-67 ^For a further elaboration on this approach see • The Time Structure of Legislatures Today, Wis- . when fifty-one were held. Possibly the consin Legislative Rieference Bureau, May 1968. , easing of reapportionrnent presstires and LEGISLATURES AND LEGISLATION 53 the move toward longer and more fre- session. These meetings Were a useful quent sessions were reflected in the re- procedure by which new members could duced number ol special sessions. be .acquainted with their duties, legisla-. Legislatures were also attempting to tive procedures, staff services, major pro- achieve a better distribution^ of session grams, and each other. New legislators, days by alternating sessjon and recess pe- and often veterans, attended these meet- riods without adjourning sine die or by ings which lasted from one to several days, splitting the sessions. Either approach had Beginning with Massachusetts in 1933, the advantage of permitting standing the number of States providing orienta- committees to function during the recess tion conferences for legislators has in- period. Legislatures in Illinois, Ohio, . creased over the years. By the end of the Tennessee, _ Vermont and Wisconsin, 1950s such sessions had been held in at which met biennially, achieved the effect least thirty-two States, and during 1968- - of an annual session by utilizing their 69 forty-six States reported holding these power to recess rather than adjourn sine meetings. Idaho held its first conference die. Through thisr^procedure these Legis- in 1968 and Louisiana reinstituted its con- latures were able to meet during the sec- ference in 1968. Thirty-one States held ond year of their biennium. Annual ses- conferences prior to the session, while six- sion States such as California, Georgia, - teen held, conferences early in the session. ^Hawaii, Michigan, New Jersey, Rhode Minnesotahad two meetings, one prior to Island and Pennsylvania recessed at least the session and one early in the session, once during the biennium and gained the Other procedures used to increase legis- advahtage of a better distribution of ses- lative efficiency were presession bill draft- sion timie. ' . . ing and presession bill filing. Through The second basic trend was more ef- the yeairs Legislatures have relied more ficient internal organization of session and more on these procedures as a means > time. Some of the procedures used in- of increasing legislative efficiency. Preses- volved presession activities or services, sion bill drafting was provided in thirty- One procedure was the scheduling of or- five States by 1947, in forty-four States by ganization'al meetings or sessions. In 1961 and by the end of 1969 in forty-nine Florida, a special one-day organizational States. Wyoming was the only exception, session was held just two weeks after the Presession bill filing was provided in six November 1968 election. At the organi- States in 1947, in thirteen States in 1961 zationaL session, the legislators formally and in 1969 in twenty-six States. During chose their leadership for the next two 1968-69 six States initiated presession bill ^i_. years. In January 1969, Alabama, Georgia filing. \ ' an(| Tennessee held organizational ses- A number of States, such as Michigan sions of varying length; Georgia then re- and Oklahoma, had deadlines for differ- convened in mid-February, Tennessee re- ent stages of legislative procedure in order convened in late February and Alabama to relieve the end-of-session logjam, convened in early May. In September These timetables included deadlines for 1968 North Dakota voters approved an bill introduction, committee action on amendment directing the Legislature to bills, the various readings and final pas- v~ hold an organization and orientation sage of bills. One of the most commonly session. A three-day session was held in used procedures is the establishment of a December 1968 at which the leadership time limit for the introduction of bills. By was selected, committees were chosen and the end of 1969 most Legislatures had rules adopted. adopted this procedure. The exceptions Another procedure used was the orien- were both houses in Alabama, Georgia, tation conference. One of the prime rea- Kentucky, New Jersey, Pennsylvania and sons, if not the main reason, for holding ;Sou|:h Carolina, and the upper house in an orientation conference was to familiar- Florida, Nevada and Ohio. Cominonly, ize new legislators with the essentials of exceptions to the time limitations on the the legislative process prior to their in- introduction of bills were permitted by a volvement in the rush of the legislative vott of the membership. -•...~<^'«"
54. THE BOOK OF THE STATES lina and Virginia, while members of the SIZES ANI) TERMS lower chamber were elected to two-year During the biennium changes in the terms. .size of legislative bodies were either put Certain States deserve special notice. into effect or approved in six States. In Traditionally, Illinois Senators were Delaware and Nev/ Jersey the size of both elected on a staggered basis. This provi houses was-increased, while in Iowa the sion was temporarily altered when the size of both houses was reduced. The coljrts declared that all Senators were to Delaware Senate was changed from 18 run for election in 1966. Although all will to 19 and the House from 35 to 39, while run in 1970, it was presumed that the the New Jersey Senate was increased from practice of staggered terms will be re 29 to 40 and the General Assembly from sumed through future legislative or con 60 to 80. The Iowa Senate was decreased stitutional action. In Florida, Senators in size from 61 to 50, while the House was were elected at the November 1968 elec reduced from 124 to 100 effective from the tion for a four-year nonstaggered term. 1970 election. The Georgia Senate was However, at'the 1972 election some Sena increased fropi 54 to 56 while the House tors will be elected fof~a two-year term in. was reduced from 205 to 195. In two order, that Florida ca;n revert back to a. States reduction in the size of the Senates staggered basis. In New Jersey, Senators became effective: Maine from 34 to 32 and will be elected for c^ two-year term im South Carolina from 50 to 46. mediately after decennial reapportion-' In size, State, Legislatures ranged from nient, then for two consecutive periods bf 49 members, in the Nebraska unicameral, four-year terms. In South» Carolina th,e to 424 in New Hampshire. The smallest, constitutionwas amended in 1967 to pro bicariieral Legislatiires were Delaware vide that staggered terms for Senators with 58, and Alaska and Nevada w,i^th 60 would not be required. each. Senates ranged from 19 in Delaware to 61 in Iowa. The size of lower charnbers COMPENSATION ranged fr^om 40 each in Alaska and Nel- During 1968-69 increases in legislative vada to 203 in Pennsylvania, 240 in Mas-- compensation went into effect or were sachiisetts and 400 in New Hampshire. enacted in thirty-seven States. In some During the biennium there were no States compensation was increased drasti changes'in the length of legislative terms. cally, while in» other States only minor An attempt to establish a four-year term adjustments were made. for legislators was defeated by Georgia: Legislators received their basic compen voters in 1968. In Florida, the question of sation in one of two ways: eilhdr. on a £1 four-year 1:^rm for House members was salary basis covering the period I of the to be on the ballot in 1970. legislative terrn; or on a- daily pajy basis -Members of both legislative chambers with payments confined eithejr^to days of were elected to four-year terms in five actual session or to a limited number of States, including the unicameral chamber session days after which compenUtion in Nebraska, arid to tivo-year terms in ceases. In recognition of the increased twelve States. Thirty-three States elected amount of time which'legislators deVoted Senators to four-year terms and Repre to their public duties, the long*term tSrend sentatives to two-year terms. was toward the salary and away from the In Alabama, Louisiana, Maryland and daily pay arrangement. It was argued that' Mississippi members of both houses were since legislators performed an annual elected to four-year nonstaggered terms. function of serving their : constituents, Of the thirty-three States which elect formulating new legislative programs'and Senators to fpiir-year terms and RejSre- keeping up with the general needs of the sentatives to tworyear terms, members of State and their districts, they should re the upper chamber were elected to four- ceive an'annual salary. year nonstaggered terms as a result of a The basic compensation was paid solely •constitutional provision in Kansas, Mich- on a salary basis in 1947 in twenty-four ;igan, Minnesota, New Jersey, South Caro States, in 1963 in thirty-one States and in
X- LEGISLATURES AND LEGISLA TION 55 1969 in thirty-four States. In addition to tee work. During the biennium Arizona the thirty-four mentioned above, Arkan- increased this allowance and Florida, .sas paid on' a salary basis, but if the regu Kentucky, Louisiana, Maryland, North lar session was continued by a two-thirds Dakota, Tennessee and Wisconsin began vote a daily rate was paid. Fourteen States to provide this form of compensation. J paid on a daily basis and Vermont paid In eleven States an allowance for gen j on a weekly basis. During the past two eral expenses was provided during the in ' years Utah, began providing compensa terim. Indiana/and Oregon initiated this tion on a daily rate and Oklahoma went type of aid during the biennium and to palyingrsolely on a salary basis. Iowa Idaho, Kentucky, Maryland and Texas and North ,6arolina^will pay on a salary increased this form of. compensation. basis beginnijig in 1971. \ The fourth general category was an al Increases in pay went into effect or were lowance which was provided for the en enacted in nineteen States that paid or tire year; Eight States used this-form and will pay on a salary basis. Two of the North Carolina Will begin to pay on this largest.increases took pla:ce in Florida and basis in 1971. Illinois, Massachusetts, Hawaii. The new Florida constitution Michigan and Virginia increased their authorized legislators to set their own pay allowance during the biennium. and they increased salaries from |1,200 In most cases expense allowances were to ? 12,000 annually. In Hawaii the voters intended as a form of reimbursement for approved a provision increasing legisla individual expenses of legislators. In tors' salaries from $2,000 to 112,000 an many States these allowances covered nually. Other States in this category were such items as meals, lodging and travel Arizona, California, Colorado, Illinois, ing. However, Florida, Idaho, Illinois, Indiana, Iowa, Maine, Michigan, Mis Maryland, Oregon and Texas provided sissippi, Missouri, Nebraska, North Car an allowance that included a provision olina, Ohio, Oklahoma, South Dakota, for staff and/or office expenses. In some ; Tennessee and Virginia. cases these allowances were paid-for the Of those States that paid on a daily entire year, while in others only for the basis and were to remain on a daily basisj interim. During the biennium .Oregon only Wyoming increased basic compensa initiated and Illinois, Idaho and Mary tion. In 1971 the daily rate was to in land increased this allowance for all legis crease from $12 to |15 per day. lators. In Texas such an allowance was In addition to the basic salary or daily raised for House members, but an allow rate, legislators in many States received ance for Senate members was unchanged. expense allowances. These, allowances Legislative compensation varied a great 'were paid on a session, interim or yearly deal during the biennium. The totals basis: Also, iallowdnces were provided for shown in the table on the next page were committee business between sessions. based upon the latest compensation rates Expense allowances were paid in all enacted, but were not necessarily in effect States during the time the Legislature as of January 1970. Certain conclusions was in session except Arkansas, Iowa, New may be derived from the table. Obviously, Hampshire, New Jersey, New Mexico, there was an enormous range in estimated Ohio* Rhode Island and South Dakota. comp>ensation from $48,950 in California Iowa ewill provide a session allowance to $200 in New Hampshire. Legislators effective in 1971. During the biennium in twenty-six annual session States gener Colorado and Louisiana initiated a ses ally received a higher compensation than sion expense allowance and Arizona, Cal legislators in iennial Stastes. The median ifornia, Idaho, Maine, Minnesota, North for annual session States was. $14,062, Carolina, Utah and South Carolina in while the median ^or biennial States was creased their allowances. In Wyoming $9,725. The median for the thirty-one the session expense allowance will be in Legislatures, including "fh"e five' which creased effiective in 1971. have met annually by use of discretionary In twenty-nine States legislators re power, was $14,500.- Legislators paid on a ceived an allowance for interim commit salary basis genei-ally received a higher 56 THE BOOK OF 'THE STATES Estimated Biennial Compensation of Legislators, by States* Janudi7l970 Latest Compensation Rates Enacted (not necessarily in effect)
..^ Biennial ' Pay Biennial Pay :. • State •'C^ompensatton Basis • State. . . Compensation Basis Galifornia $|8,950'(A) S* • Idaho 10,200 (A) D*' New York-. 36,000 (A) s*; • North Carolina 10.000 •: s*-. Michigan ' V>5(!5,000 (A) s* Washington 9.900 s* Florida - -33,600 (A) . • s* • • Kentucky . 9,850 D* Hawaii . 28,860 (A) s* Colorado .9.600 (A) " S* •• Oliio .25,500 X ' '••'S-'::' Nebraska •9.600 . . • s* Pennsylvania 24,000 (A) • ^ s* South Carolina 9.200 (A) • s* Illinois 24,000 + ~ s .• .; _ NIaryland "r8,300 (A) • >, s* Massachusetts 23i000t(A) s* Tennessee 8.100 X s* • Wisconsin 21,000 t s* Kansas 7.050 (A) D* New Jersey 20,000 (A) s Vermont 5.400 + D* Missouri 18,750 : s* South Dakota ^ 5,000 (A) •s.. Alaska 17.495 (A) s* Virgiiiia : 4,500 s* ' Oklahoma 16,800 (A)- s Maine 4,100 . s* •• Louisiana 16,500 (A) D* Connecticut 4,000 s* Arizona l'4,800 (A) s* Nevada 3,900 D* Mississippi 14,500 ^A) s* Arl>ansas : 3,600 S&D Iowa 13,625 (A) . s* , North Dakota 3.590 D* Minnesota . 12.960 s* Utah 3,200 (A)- . D* Delaware 12,050 (A) s* . West Virgijiia. 3,000 (A) • S Indiana •11.725. s* •- Montana V 2.100 D* -^ Texas 11,040 s* •. New Mexico . . 1,800 (A) D Alabama- 11,000. -.-.---J" '•--:—D* • -Wyoming 1,640 D* Georgia 10,775 (A) " •• s* Rhode Island , 600 (A) D Oregon 10,500 is* - ^ New Hampshire 200 s • • • *—Adapted from information supplied by the Citizens ;*—Additional expense payments were made and .were Conference on State Legislatures. included in compensation shown. t-r--Per diem not included. A—Annual sessions. . • ' j—By exercise of discretionary po'Wer, Degislaturcs in . D—Daily or weekly pay basis. , recent years met annually. S—Salary basis; . compensation than those paid on a daily mission on executive, ^ judicial and basis. The niedian for legislators receiving legislative cbmpensatiohr The rates $et a salary was $12,505, while the median for by the commission could bfe overruled by daily pay States was $3,900. concurrent resolution of the Legislature. Legislative compensation was set basi In Idaho where salary and mileage allow- / cally by two major methods or their com ance was restricted by a constitutional bination in forty-six States—statute and provision, the Legislative Compensation constitution. The rate of. compensation Gommission could recommend increases was prescribed solely by a constitutional affecting expenses. Recommendations by provision in ten States, by a statutory pro the commission would go into effect auto vision in twenty^eight States, and. by a matically unless vetoed by the Legisla combination of both in eight States. ture. Other States also took steps in this However, recently a new element became direction. Nevada, New York and Ten involved in the procedures for setting nessee established^ advisory salary com-. legislative compensation. In Wisconsin missions and votens in New Hampshire compensation was set by the Joint. Fi in 1970 will vote on a constitutional nance Committee. In 1968 Oklahoma amendment for establishing a legislative voters approved a constitutional amend salary commission. ment creating the Legislative Compensa tion Board which was authorized to set COMMITTEES legislative salaries without legislative ap An important element of the legislative proval. Also in 1968 Michigan voters ap modernization process was the effort to proved an amendment establishing a com- develop; a more effective committee sys- LEGISLA TURKS AND LEGISLA TION 57 tem. Committees were a vital ingredient Florida, Kentucky and Oklahoma began of the legislative process, and if Legisla to utilize various techniques to permit tures were to be viable vehicles for deal their standing committees to function all ing with the complex problems facing the year. Standing committees in Florida were States an effective committee system was allowed to meet any time during the reg needed. Giie~-proposal often naade to ular session or interim. In Kentucky achieve an effective committee system was .standing committees operated as subcom to reduce the.number of standing com mittees of the Legislative Research Com mittees. Some of the reasons often given mission during the interim allowing for for reducing the number of standing com continuity throughout the year. In Okla mittees were: it increased the likelihood homa parallel standing committees were for professional staffing; it led to better established for the 1969 session. Upon equalization of work assignments among adjournment these standing committees commi ttees and niembers; i t allowed leg became joiiit committees of the Legisla islators to concentrate on specific func tive Council and operated during the in tional areas and to develop a higher de terim. This achieved continuity and per gree of expertise; and legislators were able mitted legislators to better utilize their to participate more actively in committee expertise in various functional areas. meetings sinceythey had fewer committee assignments. . " APPORTIONMENT During 1968-69 the downward trend Reapportionment actions duririg;-1968- in the number of committees continued. 69 as compared^with 19,66-67 were rather Twenty States dropped a total of 185 limited. It was a period of rnaking minor House committees, while seven^en com adjustments for problems which had been mittees were added by ten other States. overlooked and those which appeared af Among the Senates, seventeen States ter the initial reapportionments. eliminated ninety-five committees and These actions needed to be examined eight States added a total of nineteen com in context of what had occurred since the mittees. Kansas accounted for the largest Baker y. Carr decision of the U.S. Su two-chamber decrease; House committees preme/Court in 1962. By this and later were down twenty and the Senate com- decisions the Supreme. Court established 'raittees. were down fourteen. In West the Vone man, one vote" principle which Virginia, T(2nnessee and Rhode "Island meant that there must be substantial the number of committees in both houses population equality among legislative was also drastically reduced: West Vir districts in order to offer equal protection ginia, Senate down eleven; House down under the Fourteenth Amendment. These thirteen; Tennessee, Senqite down ten, . l/decisions contributed to a. rush of ap- House down nine; Rhode Inland, Senate f portionment activities during the i960s. down eleven, House down nine. Ken tuckyV \ By the end of the decade every State had' dropped thirty-one House committees/ 'revised legislative districts at least once Oklahoma twenty. New York sixteen, and in most caseS: for both legislative Pennsylvania ten arid North Carolina houses. , nine. In Florida, the Senate eliminated In 1968-69, both houses of the Dela thirteen committees. / ware and Georgia Legislatures were reap Although twenty-five States repprted portioned, the Senate in South Carc^na having joint committees, only a few had and the House in Texas. At a November a large number of joint committees. • 1968 election voters in Hawaii approved California, Maine, Massachusetts', and a provision for reapportionment of both Pennsylvania use .. them extensively and houses, effective in 1970. Also passed was Connecticut exclusively. By the end of a provision for the creation of a commis the biennium Califprnia had added seven sion to handle such reapportionment and more joint committees, Pennsylvania five' .redistrictihg beginning.in 1973 and every more and Connecticut two more. eighth year, thereafter. In. compliance In conformity with the concept of the with a- constitutional amendmei^t Legislature being a continuing body, adopted in November 1968 the Iowa Sen- 58 THE BOOK OF THE STATES ate was reduced in size from sixty-one to^ Construction was to begin on a new Mich fifty members and the House from 124 igan capitol building in the spring ojE to 100 members effectivie for the 1970 elec 1970. New legislative buildings were tion. The General Assembly created a planned in Illinois and New Jersey. Plans fourteen member cbihmission to propose were under way for the construction of a reapportionment plan which was al a new Florida capitol complex, including, tered and then enacted. The plan Was two legislative buildings, one for the Sen challenged in the Iowa Supreme Court ate and one for the Hduse. In Maryland which ruled the plan unconstitutional, ; plans were: made for the construction of but permitted its use an as interim mea a house office building and a legislative sure only for the 1970 elections. A federal service building. court struck down two attempts by the In keeping pace with the rapidly chang 1968 Kansas Legislature to redraw state ing environment, legislators adapted a -senatorial-districts and then set the dis wide variety of electronic and techndldgi- tricts by decree. In New Jersey an a|)-" cal devices to the various aspects of the portionment commission utilized com legislative process. Electric roll call and puters when the State Supreme Court electronic data processing were two of the ordered reapportionment in accordance applications being used. Electric roll call with the "one man, one vote" principle. equipment was installed in the Senate in The plan was challenged, but the State iFlorida and the House in South Carolina Supreme Court approved the plan with for use during the 1969 session and in the some adjustments. Senates in Maryland and Oklahoma for Undoubtedly, we are upon the eve of use during the 1970 session. With these anotlier period of reapportionmient. Ac additions electric roll call equipment was cording to officials at the U.S. Bureau of '••use d in both houses in twelve States, in- the Census some preliminary census fig cliiciing Nebraska, the lower house in ures will be^ available by August 197Q. twenty-four States, and the Senate in CThese figures and later figures will be Oklahoma. used as the basis of another rush of re Electronic data processing (EDP) was apportionment activities during the one.of the newest legislative applications. ••M970L;A'- By the end of 1969 twenty-eight States had computer systems either in operation, EQUIPMENT AND FACILITIES in design, or completed to serve their an- [t has been increasingly recognized that formation heeds; The most common legis It legislators are to effectively perform lative application of electronic . data their role in the federal systeim, they need ; processing related to statutory retrieval. adequate facilities to deliberate the press Such programs were in operation in eigh ing state problems. - ' teen States and in design or completed During the bienniura many improve in five other States. These programs con ments were made or were planned to pro sisted of entering statutes, codes, rules, vide legislators and their staff with addi regulations and administration decisions tional facilities. These improvements, on tape, so that, byuse of key words, sec either completed or planned, included tions pertaining to any subject under new capitol buildings or legislative build search could be retrieved. Another com ings, additional or renovated offices and monly used application, relating to the committee rooms. Included among the history of bills, was in operation in six major developments was the dedication teen States and in design or completed in of the new capitol building in Hawaii in one other State. Through this application March li969.The Nevada Legislature was a legislator could find the current status scheduled to occupy a new legislative of a bill. Other applications were, budget building in 1971. An addition to the Del status) in operation in six States; bill aware Legislative Hall was scheduled to drafting, in operation in five States and in be completed in March 1970 and in New design or completed in another five York a legislative office building was States; and journal indexing, in opera scheduled to be completed by late 1971. tion in three States. . 1/
LEGISLATURES AND LEGISLATION 59 facilities were maintained to assist indi STAFF SERVICES vidual legislators and committees. These It was commonly recognized during the facilities were maintained by legislative l^iennium that if the legislative decision councils in thirty States and by legislative making process-was to be strengthened, reference bureaus in six States. Other more adequate, staff services were needed. library arrangements were also lisedi a To • accomplish this goal the legislative special division within the state library modernization, movement was directed assisted in eleven States; state libraries toward.a number of specific goals: per provided legislative reference services in formance of new functions for legislators fifteen States;.and libraries under legisla either by the creation of new agencies or tive jurisdiction aided in three States. 1 by existing agencies assuming new re- Fiscal service agencies had such collec . sponsibilities; new organizational pat- tions in two States. ' terns which placed certain functions un These reference and library collectior^s. der legislative coiifrol or allowed for a were used for prepj^ring reports and pro more efficient arrangement of existing or viding spot research in all States- Al new agencies; increase in appropria^iofls though many agencies provided spot re for staff services and number of staff aa^ search, legislative councils einphasized sistants; and the development of a legis this type of service in thirty-six States. lative training program. In forty of the forty-nine States where research reports were prepared by perma RESEARCH*, REFERENCE AND nent legislative service agencies, legisla POLICY ASSISTANCE SERVICES tive councils provided such reports and in To solve the complex problems they twenty-nine they^roposed recommenda faced during 1968-69, legislators found tions for substantive legislative programs. it necessary to obtain research, reference However, councils were not the only and policy assistance. «P ** permanent legislative service agencies Although an assortment pf agencies preparing research reports. Twenty-eight provided such services, in most States the other agencies in twenty States also per neavy reliance was placed upon the legis formed this function. These included lative council. A legislative council was libraries, reference bureaus, legislative .?. joint committee of legislators, 'perma counsels, research, fiscal and law revision nent and bipartisan in nature, which met agencies. Other permanent legislative periodically between sessions, considered research agencies also recommended sub a wide range of problems expected to con stantive legislative programs. Twelve front the next session, and directed staff agencies in nine. States assisted in-this research on these problems. manner. These included fiscal, law revi It is difficult to generalize about coun sion aifid research agencies. '. ''-'• cils because of ^he diversity of functions Several States changed the size of coun they performed; However, most councils cils during 1968-69. The size of the coun •/had permanent research staffs, and most cil was decreased by twelve members in ,of them undertook studies on their own Washington, by. two in Arkansas and by initiative, in^ddition to those authorized one each in Illinois and Indiana and ofi, directed'by'^he Legislature. increased by fdu.r in Nevada. Nebraska, Some councils also provided legal and Oklahoma, South Dakota and Pennsyl fiscal" serClces. However, the basic char- vania remained the only States where all acteristic common among councils was legislators were members of the council. that the;f or their staff agencies prepared North Dakota and Iowa changed the research reports for consideration by the name of their councils and New Hamp Legislature. Some councils relied primar shire replaced one council with another. ily upon research reports of the staff, In 1969 the North Dakota Legislature while others utilized the participation of approved a change in the name of the council members in making recommenda Legislative Research Committee to Legis tions on substantia legislative programs. lative Council. Although the duties of the In all States Reference aild library new council remained unchanged from
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.} 60- THE BOOK OF THE STATES those of the research committee, its mem der supervision of the Joint Legislative bership was expanded from eleven to Management Committee. The Office of fifteen. Similarly, the name of the Iowa Policy Research was given responsibility Legislative Research Committee was for preparing research reports, recom changed to the Legislative Council, but mending substantive legislative programs the membership, remained the same. The and performing s-pot research. The Legis New Hampshire General Court created lative Reference Unit of the State Library • the Legislative Study Committee and continued to maintain reference and li^ 'I abolished the Legislative Council in 1969. brary facilities and performed spot re The total membership of the Legislative search. Study Conimittee was the same as its In Florida the research and policy as predecessori»v however, there was one less . sistance services took on a new dimension Senator and one more ex officio member ojd^ing the biennium. Standing commit-i on the n&v^c^ to study mat tees met any time during the session or ters which were-of major concern to. the "the interim and the Legislative Service State and to siibmi^to each session of the Bureau furnished to standing committees General Couct a report of its studies and' necessary professional staff and services. a proposed legislative program. However, some committees hired their Beginning with the Kansas Legislative . own staff. In addition the bureau main- Council in 1933 the council movement stained reference and library facilities and grew until there were forty-four councils provided spot research. during 1966-67. By the end of 1969 In a number of other States organiza legislative councils existed in all States tional chang^ were also made. In ^1969 except California, Connecticut, Florida, the Texas Legislature passed an act estab Hawaii, Minnesota, Mississippi, New lishing the Legislative Reference Library York, Oregon and West Virginia. During as an independent agency of the Legisla the biennium Connecticut, Florida and ture to assume all functions and duties Minnesota abolished their councils. formerly performed by the Legislative These actions possibly were among the Reference Section of the State Library. most significant organizational changes In North Carolina the newly created affecting staff agencies, and represented a General Services Commission was given reversal in the long-term trend toward in the assignment of prejparing research creasing use of legislative councils. It reports and performing sp6t research. would be too.early to determine whether , The Oregon Legislature replaced its or not this new trend in reducjsng the use Legislative Counsel Committee with a of councils would continue in future bi- Joint Committee on Rules and Resolu ennia. tions and created the Joint Committee The MinnesoTa Legislature in 1969 on Legislative Administration which was abolished the Legislative Research Com assigned the responsibility for providing mission which had functioned as a coun research services to legislators and com cil: With the abolition of tfee council a mittees not provided by the Joint Com rather decentralized organizational pat mittee on Rules and Resolutions anS the tern existed for research and reference Legislative Fiscal Committee. services. The newly created Legislative Reference Library and the State Law FISCAL SERVICES Library provided reference and library One of the most important assignments services. Seven permanent legislative ser performed by legislators during the vice agencies were responsible for per biennium was an examination of the fis forming spot research, and the House cal aspects of the urgent problems facing Research Department and the Senate the States. Because of the complexity of Counsel prepared research reports. these problems, legislators found it in With the abolition of the Connecticut creasingly necessary to rely upon agencies Legislative Council the research, function with a legislative orientation to assist was assumed by the newly created Office them in performing fiscal review, budget of Policy Research v^hich was placed un analysis* and post auditing.
h \ LEGISLATURES, A/^D Ib^EGISLATION \ 61 There has been a long-term trend ^S toward creating agencies to provide fiscal LE^AL SERVICES services for legislators. A continuous In order to more., effectively expedite ,.4tudy of revenues and expenditures Was the numerous legal aspects involved in provided in/forty States in 1969 as com-^" the legislative process, legislators relied pared with seventeen States in 1951 and upon staff for such assistance as bill, draft- twenty-nine Slat^ in 1961. An analysis ing, preparing bill and law sunmia^ies, and review of the^udget was performed legal counseling and revising statutes, in thirty-nine States in 1969 as contrasted Because of the degree of expertise needed with fifteen States in 1951 and twenty- and the volume of work involved, they nine States in 1961. One or both of the needed staffi».legal assistance in order to twin fiinctions of fiscal review and budget more effectively perform their role, analysis was performed by the end of 1969 Legislators in all States had some type in thirty-four States by a staff agency or of legal assistance from permanent legis- by a staffed special committee; in seven lative service agencies during 1968-69. States by a standing committee which had However, in most States they had a wide a professional staff; and in three States variety of legal assistance. Bill drafting by a board or commission. In nine States was performed by permanent legislative more thaij one agency performed one or- service agencies in all States except both of these functions. ' Wyoming. In thirty-two States it was pro The movemeij^ toward placing post vided by the legislative council or its staff auditing under legislative control had agency. Other agencies which performed been even more marked. This function this service ineludied legislative reference was performed in thirty-two States by the bureaus, statutory revision agencies and end of 1969 as compared to three States . specialized bill drafting agencies. In nine in 1951 and twenty-one States in 1961. By States, more than one agency provided the end of 1969 post auditing was per- this type of assistance, formed by a staff agency or by a staffed Statutory revision was provided in special committee in twenty-nine States forty-three States. In forty States special- and by standing committees which had a ized statutory revision agencies or other ' staff iij^hree Statfes. service agencies under legislative juris- During 1968-6^ a number of States diction performed this function. How- created new fiscal agencies, reorganized ever, in Mississippi, North Carolina and their fiscal agencies, or assigned to exist- Rhode Island agencies not under legisla- ing agencies new functions. New York tive jurisdiction provided this service, created the Legislative Commission on Legislators also receiyed other types of Expenditure Review with responsibility legal services such as legal counseling in for fiscaL review analysis and program thirty-seven States and preparation of post audit, .and Wisconsin established the bill and law summaries in forty States. Legislative Fiscal Bureau with an assign Ordinarily these services were provided ment for budgetary review and post by legislative councils, reference bureaus, auditing. In Oklahoma the Legislative statutory revision and specialized bill Audit Committee was abolished and its drafting agencies. duties were transferred to a newly created Actions taken in Colorado during the Division of Fiscal Services. Connecticut biennium were part of a long-term trend created the Office of Fiscal Research. The of placing all legal, services under legis Maryland Department of Fiscal Services lative control. The 1969 Colorado Gen- was created incorporating the previously eral Assembly transferred the State Office provided legislative services of.fiscal re- of Revision'of Statutes from the Judicial view and budget analysis and adding the Department to a newly created Commit- post audit function. The Idaho Legisla- tee on Legal Services. The Committee on tive Budget and Fiscal Committee began Legal Services was also empowered to to provide post auditing along ("with its supervise and direct the Legislative Draft- previous services of fiscal review and bud- ing Office which had been under legisla- get analysis. : tive supervision since 1968. At that time.
\ If .'•^(TS^•^''••l>^••-^ -tr" 62 THE BOOK OF THE STATES the functions, of the Legislative Reference"^ lative department, and to allocate funds Office ^vere transferred from the Depart to the various agencies of the General ment of Law'to the General Assembly. Assembly. The committee also was given The Alabama State Law Institute was authority to employ all necessary person activated in September 1968. Among its nel and to determine their salary scales, responsibilities was the assignment of to provide all necessary supplies and developing and calrrying out, through the equipment for the work of the General existing Legislative Reference Service, a Assembly, and to allocate space in the plan for continuous code revision. In capitol building. The Florida Joint Legis Delaware the Legislative Council began lative Managertient Committee was given to provide legal services only for the responsibility for the operations of most General Assembly. Previously, it also of the service agencies and authority over provided such services to the Governor. budgets, salaries and purchasing of legis Also, service agencies in Iowa, Nortjjj, lative agencies. The North Carolina Leg Dakota and Vermont began to prepare islative Services Commission was made bill and law sumfnaries. responsible for overseeing the administra tive and clerical operations of the Gen TRENDS eral Assembly. Included among the duties One of the basic goals of the legislative assigned to the commission were the exer modernization movement was to develop cise of general personnel policy over joint better coordination among the staff. In legislative service employees, procure many States a decentralized pattern ment and property management. The existed: numerous independent service commission appointed a Legislative Serv agencies; each house with its own clerk ices Officer who was empowered to pro and secretary responsible for certain serv vide to the Legislative Research Commis ices; independently hired assistants for sion clerical, printing, drafting, and re legislators and committees. In some States search assistance. The~Oregon Joint Com the decentralized staff pattern was com mittee on Legislative Administration was plicated by competition between the created to coordinate. the operations of houses and the parties. There was.no both houses and of interim committees. single focal point or single executive'com It was assigned the duties of studying mittee for the Legislature; During the ways to improve the operations of the biennium some Legislatures tried to Legislative Asseiobly and to provide re develop better coordination among staff search facilities to legislators and commit assistants by creating or assigning to tees not otherwise provided. Also, the existing committees responsibilities committee was empowered to supervise roughly equivalent to the duties, per and to coordinate the procuremejit of formed by a department of administra supplies, materials, equipment and other tion in the executive branch. Although property and to control all space and the specific duties varied the common facilities assigned to the Legislative As assignment was policy-making on admin sembly. / istrative and management niatters for the Legislative councils in other States also Legislature. This function may be re have moved in the direction of assuming ferred to as the legislative management the legislative management function. In function. 1967 all staff and service personnel were Legislative management committees placed under the. jurisdiction of the Ne were created in Connecticut, Florida, braska Legislative Council. The council North Carolina and Oregon during the was given authprity in 1969 for appoint biennium. The Connecticut Joint Legis ing an Executive Director who was made lative Management Committee was made responsible for coordinating the activities responsible for conducting the business of the Director of Research, Bill Drafter, and fiscal affairs of the General Assembly. Revisor of Statutes, Fiscal Analyst and It was empowered to coordinate the work the Clerk of the Legislature. The coun of ail legislative committees and commis cil was placed in charge of all personnel sions, to prepare the budget for the legis matters and empowered to review and LEGISLATURES AND LEGISLATION 63 approve the legislative budget. The Ken committee planned to conduct thirteen in- tucky Legislative Research Commission service training courses in 1970. In order also moved to assume the legislative to increase the potential pool of staff management function over the years. In service personnel the committee planned 1948 it began to be responsible for all a college recruitment program and was legislative printing and by the end of instrumental in the development of M.A. 1969 it was empowered to .perform such degree training programs in state govern duties as purchasing supplies, preparing ment at Ohio State University, the Uni the legislative budget, allocating space, versity of Arizona, Arizona State Uni and hiring staff for the General Assembly. versity and the University of Missouri at The Georgia Legislative Services Com Kansas City. mittee moved in the direction of taking It was recognized during the biennium on the legislative management function. that if staff assistants were to better per In 1968 the committee appointed a Leg form their function additional staff mem islative Fiscal Oifficer. Included among bers and additional staff expenditures his duties were preparing a legislative were needed. Although the actual in budget, serving as a bookkeeper-comp crease in staff assistants could not be troller of the Legislature, maintaining determined, it was reported, in a Septem records of legislative expenditures and ber 1968 publication, Legislative Staj] commitments, taking and maintaining an Improvement Survey by the Council of 'inventory of all legislative equipment State Governments, that additional staff and properties and. deyiel'oping an orderly assistants were needed in thirty-two States system for requesting supplies. by 1970. For a number of years legislative During 1968-69-increased attention expenditures increased. The U.S. Bureau was given to developing a program for of the Census in the 1966 through 1969 improving the quality and increasing the editions of State Government Finances nuinber of staff assistants. With the reported that there was a 37.4 percent rise emphasis on longer and more frequent in legislative expenditures from fiscal sessions and greater legislative effective 1965-1966 to 1967-1<)68. Statistics were, ness, it had become more widely recog not available for fiscal 1969-1970. How nized that it was vital to have larger staffs ever, with the reported increase in new and more competent staffs. In 1968 the agencies and additional functions it may Council of State Governments in coopera be presumed that there was an increase in tion with'th'e National Legislative Confer number of staff, assistants and expend ence's Committee for Legislative Staff itures during* the biennium. Training and Development initiated a Some Legislatures made greater gains ^program to meet this need. A full:time than others during 1968-69. All were not director was appointed and in 1969 thir equally effective at the beginning of the teen cotirses were conducted including biennium, and all were not equally effec programs in such areas as legislative ad tive at the end of the biennium. Some ministration, fiscal and budgetary review, were made stronger than others. It does urbW. programs, communication skills appear, that Legislatures, generally, made and criminal code revision. The name of great strides during the biennium in de the cbmmittee was changed to the Na- veloping fin effective . decision-making tional\Legislative Conference Committee process dire^ed toward urgent state prob for Training and Deveilopment and the lems—"-^ „ \ •\
• A, 64 THE BOOK OF THE STATES OFFICIAL NAMES OF STATES, LEGISLATIVE BODIES AND CAPITOL BUILDINGS \
Capital Slate or other jurisdiction Both bodies Senate building
Alabama, State of I^eRislature Ser.ate House of Representative^ State Capitol Alaska, State at Legislature Senate House of Representatives\ State Capitol Arizona, State of Legislature Seriate House of Representatives \State Capitol Arkansas, State of. . General .As.sembly S>enate House of Representatives tetate Capitol California, State of Legislature Senate Assembly State Capitol Colorado, State of General Assembly Senate House of Representatives StVte Capitol Connecticut, State of General .Assembly Senate House of Representatives Sta\e Capitol Delaware, State of General .Assembly • Senate House of Representatives Legislative Hall- Florida, Statfto/. Legislature Senate House of Representatives StateNCapitol Gcor(lia, State of...; General .Assembly Senate House of Representatives State Capitol Hawaii. State of. ... ,. Legislature Senate House of Representatives State Capitol Idaho, State of Legislature Senate House of Representatives State Capitol Illinois, State of. General .Assembly Senate House of Representatives State House . Indiana, State of General .Assembly Senate House of Representatives (a) \. Iowa, State of. General -Assembly Senate House of Representatives State Capitol Kansas, State of Legislature Senate House of Representatives State House(b) Kentucky, Commonwealth of...... ' General .Assembly Stnate House of "Representatives State Capitol \ Louisiana, State of Legislature 5?enate House of Repre.sentatives State Capitol \ Maine, State of.'.' .'. Legislature Senate House of Representatives State House \ Maryland, State of •..'.. General Assernbly Senate House of Delegates State House 'i Massachusetts, Common wealth of General Court -Senate House of Representatives State House MIchiftan, State of Legislature Senate' House of Representatives State Capitol Minnesota, State of Legislature Senate House of Representatives State Capitol Mississippi, State of. Legislature Senate' House of Representatives State Capitol Missouri, State of v.. General Assembly Senate House of Representatives State Capitol Montana, State of. ',....'..../ Legislative .Assembly Senate ' House of Representatives State Capitol Nebraska, State of Legislature Unicameral State Capitol Nevada, State of. . .-...... "~r. Legislature Senate Assernbly State Capitol(c) New Hampshire, State of General Court Senate House of Representatives State House \ New Jersey, State of. Legislature Senate General Assembly State House New Mexico, State of Legislature Senate Hou.se of Representatives State Capitol New York, State of .^•... Legislature, Senate Assembly State Capitol North Carolina, State ofv.. .-..-•''.• • • • •. General .Assembly Senate House of Representatives State Capitol(d) North Dakota, State of Legislative .Assembly Senate House of Representatives State Capitol Ohio, State of General Assembly '. Senate House of Representatives State House(b) Oklahoma, State of. Legislature Senate House of Representatives State Capitol O/eftpn, State of ; Legislative .Assembly Senate Hoiise of Representatives State Capitol . Pennsylvania, Commonwealth of... General Assembly " 'Senate House of Representatives Capitol Building Rhode Island and Providence Plantations, State of General Assembly Senate House of Representatives State House South Carolina, State of. . .; General -Assembly Senate House of Represeritatives 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 Capitol(b) Utah, State of Legislature Senate House of Representatives State Capitol . Vermont, State of: General Assembly Senate House of Representatives State House Viniinia, Commonwealth of General -Assembly Senate House of Delegates ' State Capitol Washington, State of Legislature ' Senate House of Representatives Legislative Building West Virginia, State of..; Legislature Senate House of Delegates State Capitol Wisconsin, State of .Legislature , Senate Assembly State Capitol Wyoming, State of;., Legislature State Capitol Senate House of Representatives American Samoa, Territory of Legislature Territorial Senate House of Representatives Capitol Guam, Territory of. ; Legislature Congre.ss Unicameral Buil(Jing(e) Puerto Rico, Commonwealth of Legislative Assembly Senate House of Representatives Capitol Trust Territory of the Pacific Islands . Congress of House of General Assembly Capitol Hill . Micronesia Delegates • Virgin Islands, Territory of ..^I^sgislature Unicameral Government House(f)
(a) No ofTicial name. Both "State House" and "State Capi: (d) Since 1963, the Legislature has met in its own building, tol" useil. . the '.'L<^i3lativc Building." (b) Onomcial. (e) .The Legislature meets in its own building, "Legislature (c) In I 971, the Legislature will meet In the new "Legislative Building." '~~- Building." (f)"Tlie Legislature meets in its own building, "Senate Building." LEGISLATURES AND LEGISLA TION 65 THE LEGISLATORS Numbers, Terms and Party Affiliations As of August 1, 1969 .
Senate House.''- 1 1 1 r House Va- ^ Va- and Stale or Demo- Repub- can- Demo- Repub- can- Senate other jurisdiction crats licans cies , Total Term crats licans cies Total Term totals
34 1 35 4 104 1 1 106 4 141 ' 9 11. 20 4 22 18 40 2 60 13 ,17 . ... 30 2 26 34 ... 60 2 90 34 -< 1 '•'.... 35 4 96 4 :•.. . 100 2 135
California . 19 ,• 2V'' ... 40 4. 39 41 80 2 120 11 24 35. ' 4' 27 38 ... 65 2 100 24 12 ..: : 36 2 110 67 177 2 215^ 6 13 :.., 19 4 14 25 ... 39 2 58
32 16i • ... : 48 4 77 42 119 2 49 il • ..: 56 2 16^ 27 ... 195(a) 2 17 8 25 4 39 12 . •51 2 Idaho. 14. 21 s ... 35 2 32 38 ••• . 70 2 # Illinois 19 38' 'JS 1 58 4 82 93 2 177 .' 2 2.3S IS 35 ' ... SO 4 27 72 t 100 2 150 17 44 61 4 .37 86 1 124 • 2 185 • • 8 32 ... 40 4 '38 ,87 ... 125 2 165
. 24 14 . 38 4 57 43 ... 100 2 138 « 38 ... 1 39 4 103 ... 2 105 4 144 14 18 32 2 66 85 ... 151 2 183 35 8 . ... - 43 4 117 25 142 4 185
Massachusetts.. 27 13 40 2 172 68 ... 240 2 280 18 • 20 ... 38 4 57 53 ... 110 2 148 Nonpartisan election 67 4 Nonpartisan .election 135 2 202 Mississippi 51 1 ..; S2 4 120 2 '... , 122 4 174
23 11 ... 34 • 4 107 56 ... 163 2 197 29 26 55 • 4 44 59 1 104 2 159 Nonpartisan election 49 4 Unicameral Legislature 49 11 9 ... 20 • 4 18 22 ... '46 2' 60 i
New Hampshire. • -9- 14 1 ....-24 2 141 253 6 400 . 2 424 9 31 40 4(b) 22 57 1 SO ' 2 120 New Mexico..... 25 17 ... 42 4 44 26 .70 2 112 24 33 57 2 • 72 78 150 2 207
North Carolina.. 38 12 ... 50 2 91 29 ... 120 2 170 North Dalcota... 6 .43 49 . 4 18 79 1 . 98 2 147 Ohio. 12 21 33 4 35 64 ... 99 •"3. 132 38 . 10 ... •48 4 76 23 99 2 147
16 14 30 4 • 22 38 ... . 60 . 2 90 Pennsylvania ... 23 26 1 50 4 106 96 1 . •203 . 2 253 Rhode Island 37 13 SO 2 76 24 .. . • 100 2 ISO South Carolina.. 43 3 46 4- • 119 4 1 : 124 2 170
South Dalcota... 8 27 ... 35 ..2 i 16 59 ... 75 2 110 21 12 33 -v •4 -•••• 49 49 99(a) 2 132 Texas 29 . 2 31. 4 141 8 i ISO 2 181 .- Utah.... 8 20 ... 28 . 4 21 48 69. 2 97 4- 8 22 ... 30 2 SO 98 ... 150(a) 2 180 ~"^ Virginia 34 6 ... 40 4 86 13 ... 100(a) 2 140 Washington 27 22 ... 49 4 , 43 56 ... 99 2 148 West Virginia... 22 12 ...f. f 34 .4 63 37 100 2- 134.
9 23 1 33 4 47 52 1 100 2 133 12 18 ... 30 4 16 45 ... 61 2 91 14(c) 12(d) 1 ' 27 • 4 25(c) 26(d) 51 4 78(e) Virgin Islands... 15 ' IS 2 Unicameral Legislature 15
•/a) The following members .in current I-ejfislaturcs are "not (d) NewTro^ressive-Party. Democrats or Republicans: Georgia,House 1; Tennessee House (e) The constitution provides for selection of additional mem 1; Vermont House 2; Virginia House 1. bers from the minority party after a general election In which it (b) Senate terms beginning in January of second year follow-, elects fewer than 9 members in the Senate and !7 members in ing the U.S. decennial census are for two years only. the House. Total House and Senate composition can reach a (c) Popular Democratic Party. maximum of 104'mcio)5ers.
\ V w- ^WW:
1 \_ LEGISLATIVE SESSIONS
.Lim ilations Special sessions
• Years in on length 1 • : •^ . . / which Sessions convene of sessions. Legislature may . . ' State or j, r-. . • . , . sessions * A Legislature determine sub- " other jurisdicitQtr.^ ^. are held' Month Day Regular Special- may call • ject . Alabaioia • • • • ••: • •• Odd May 1st Tuea". (a) ; 36 L 36 L No % vote those present Alaska. ,-.... Annual Jan. 2nd Mori. None 30 C ?^ of membership Yes (b) • Arizona ..;.-.'...... Annual Jan. • 2nd Moii. None None Petition % members Yes (o) Arkansas^ .,;.:...... ;..< Odd_ Jan. 2nd Moti. 60 C(d) .15 C(e) No .• (e) " California.. Annual Jan. Men. after Jan. 1 None(0 None .No,' No . • -^ Colorado Annual (g) Jan. Wed. after 1st Tue3. None{h) None(h) No No ''^ Connecticut :. Odd Jan. Wed. after 1st Men. 150 C(i) None(j) ""' Yes Yes Delaware. Annual Jan. , 2nd Tues. (k) None YesCl) Yes Florida...' ...... ;....-... Annual Apr. Tues. after 1st Men. 60C(m) 20 C(m) . Yes (1). Yes Georgia .'•. : Annual Jan. Odd-2nd Mon.(n) 45 C (o) : Petition Ji member3(o) Yes(c) Jan. • Even-2nd Mon. 40 C ' '; Hawaii...... •-.. Annual Jan. 3rd Wed. 60L(p) 30 L(p) Petition % membersCq) . Yes(q) ' O) Idaho. .: Annual Jan. 2nd Mon. 60C(h) 20 C • • ; • No No "^ Illinois...... Odd(r) Jan. . Wed. after 1st Mon. None None • No No Indiana...... Odd -Jan. Thurs. after 1st Mon. 61 C 40 C No Yes Iowa. Annual Jan. 2nd. Mori. None None No Yes(s) Kansas. Annual Jan. Odd-2'nd Tues. None(h). 30 C(h) No . ^ Yes' Jan. Even-2nd Tues. 60 C(d) / , Kentucky ..,...... Even .,- Jan.. Tues. after 1st Mon. 60 L None No No Louisiana _. -.. Annual(g) May • Even-2nd Mon. 60 C 30 C Petition % elected members No(t) May Odd-2nd Mon. 30 C each house Maine...... Odd . Jan. -. 1st Wed. None . None • No Yes. Maryland. Annual' Jan. 3rd Wed. 70 C 30 C No Yes Massachusetts.....'...... -.. Annual Jan. 1st Wed! None None Yes Yes Michigan -...... , Annual Jan. 2nd Wed. None None . No No Minnesota...... , Odd Jan. . Tues. after 1st Mon. 120 L None No Yes Mississippi Annual Jan. Tues. after Ist^Mon. (u) None No • • No Missouri...... Odd Jan. Wed. after Jan. 1 195 C(i) 60 C •No • . -. . No Montana .., .^ . Odd Jan. 1st Mon. 60 C 60 C No No , Nebraska Odd- Jan. 1st Tues. None None Petition % members No Nevada. Odd Jan. 3rd Mon. None(h) Norie(h) No •* No New Hampshire...... Odd Jan. 1st Wed. July l(h; 15 L(h) Yes Yea New Jersey . Annual Jan. • 2nd Tues.- •None None (V) Yes i • New Mexico. AnnualCg) Jan. Odd-3rd Tues. 60 C 30 C(w) Yes(w) yes(w) Jan. Even-3rd Tues. 30C ,' > New York ; / ..... Annual Jan. Wed. after Ist Mon. None None , No No North CaroUna Odd Jan. Wed. after 2nd Mon. None None No Yes North Dakota Odd Jan. • Tues. after let Men. 60L None No Yes Ohio. ; Odd(r) Jan. 1st Mon. None None No No Oklahoma...^ Annual ^ Jan. Tues.. after Ist Mon. . 90 L None No No Orefton ;.. Odd . Jan.. 2nd Mon. None None No • Yes Pennsylvania... Annual Jan. 1st Tues.- None None . Petition of majority of members No Rhode Island. Annual Jan. Ist Tues. 60L(h) None No No South CaroUna , Annual Jan. . 2nd Tues. None 40 L(h) No •. . Yes South Dakota, Annual Jain. Odd-Tues. after 3rd Men. 45 L None '/ . \- 'NO Yes Jan. Even-Tiies. after 1st Mon. 30 L Tennessee Odd Feb. 4th Tue3.(n) 90 L(h.r) 30L(h) - - Petition Ji members Yea Texas. ; Odd Jan. 2nd Tues. . 140 C 30 C No No Ul^h.... Annual(g) Jan. Odd-2nd Mon. < 60C 30 C -' Petition yi members Yes Jan. Even-2nd Mon. 20 C Vermont ..... Odd(i-) Jan. Wed after Ist Mon. None(x) None(x) •• No Yes Virginia ' Even Jan. 2nd Wed. <50 C(h,y) 30 C(h.y) Petition J^ members Yes Washington Odd 'Jan. 2nd Mon. 60 C None . ,. No Yes West Virginia.. Annual(g) Jan. Odd-2nd Wed. 60 C(z) None - } Petition yi members Yes Jan. Even-2nd Wed. 30 C(s) Wisconsin. '(aa) Jan. 1st Tues. after Jan. 15 None None No No Wyoming Odd Jan. 2nd Tues. 40 C None No Yes o> PuertoTUco. Annual Jan. 2nd Mon. 111 C(i.ab) 20 • No No Virgin Islands Annual Jan. 2nd Mon. 75 L None No No
Abbreviations: L.—legislative days;'C—calendar days. (p) Extension of 15 daya granted by presiding ofiicers of both houses at the written request (a) Conveues quadrennially on second Tuesday in January after election to organlre^ of H of the membership or granted by the Governor. lb)' Unless-Govemor calls and limits. (q) If Governor notifies Legislature he plans to return bills which were submitted to him (c) If L.eglalature convenes itself. ••*. less than 10 days before adioumment Cwith objections), a si>ecial session to r>KonBider'8uch • (d) May be extended by H vote of members in both houses for indefinite time. In Kansas, bills may be convened without call on 45th day after adjournment. •ession limited to 60.calendar days unless extended by H vote of both houses. (r) L^islature may divide session by recess to meet in even year also. (e) Governor niay convene General Assembly for specific puniose. After that business is" (s) Constitution requires Governor to tell Legislature the punxise for convening. completed, a H vote of merhbera in both bouses may extend session up to 15 days. (t) Unless Legislature petitions for special session. However, no special session may be (f) Reconvenes for limit of 5 days on the Monday after a 30 day recess to reconsider called during the 30 days before or 30 days after the regular fiscal sessions in the odd years vetoed measures. ' :.,_ • without the consent of H of the elected members of each house. Legislature may convene (g) Even year session (odd year tiT Louisiana) Is basically limited to budget and fiscal in special session on 31st day after sine die adjournment to act on all bills vetoed by the ..matters. Governor if a simple majority of each house desires to reconsider at least one vetoed bill. (h) Indirect restriction since legislators' pay, per diem or.daily allowance stops but ses (u) Regular 1972 session limited to 125 calendar days and every fourth year thereafter: . sion may continue. Colorado: 160 day limit is for regular legislative biennium, no limit on 90 calendar days for every other regular session thereafter. By concurrent resolution and by H special session.- In 1971 the limit will be 180 days for regular sessions and 20 days for special vote of those present and voting in each house,'session may be extended for 30 days with no sessions; Kansas: pay in odd numbered year limited to 90 days; Nevada: 60 calendar days for limit on number of extensions. a regular session and 20 calendar days for a special session, ho limitation on allowances. (v) Petition by majority of members of each house to Governor, who then "shall" call (i) Approximate length. Connecticut session must adjourn by first Wednesday after first si>ecial session. .' , Monday in Jtine, Missouri session by July 15 and Puerto Rico session by April 30. (w) Limitation does not apply if Impeachment trial Is pending or in process. Legislature (j) Special session for reconsideration of bills vetoed by the Governor after close of regular may call 30-day "extraordinary session if Governor refuses to call session when requested session, limited to 3 days. by H of Legislature. (Ic) Last, day of June. (x) Salary limitation only. , . . • "•- (1) Legislature may be called into Bi>ecial session In Delaware by mutual call of both, (y), May be extended for 30 days by H vote in both houses. However, without pay; presiding ofiicers and in Florida by joint proclamation-by the President of the Senate and (z)'Governor must extend until general appropriation is passed; may be extended by H the Speaker of the House, which is duly filed with the Secretary of State. vote of Legislature. , • ' J (m) Unless extended beyond such limit by a M vote of each house. (aa) The-voters adopted a constitutional amendment deleting the provision' prohibiting (n) Convenes for 12 days to organize, receaaea and convenes on second Monday in February the Legislature from meeting more often than once every two years. It did not specifically for limit of 33 calendar^ays.' fn^'renneaace the Legislature convenes oh first Tuesday in establish an annual legislative session. Enabling legislation will be necessary. January for 15 days to ort^anize and introduce billa. (ab) May be extended by joint resolution. ' .. (p) Limited to 70 dayaif called by Governor and 30 daya if called by Governor at petition of Legislature, except R»Bd§|^chment proceedings. SALARIES AND-COMPENSATION OF LEGISLATORS Salary and daily pay playis- -Travel and expense allowances- • Regular session - Special session During session -. Between sessions Limit on no, For of days of pay expenses Compen Amount Amount Limit on' Round trips on committee Other Slate or sation per Annual Biennial Annual Biennial per no. of days Per home to. Expenses Per / business per other jurisdiction set by day session session salary salary day of pay mile capital per dayf - mile per day • month Alabama. Const. «10 36 L $10 36 L One $20; 300(a) % .300(a)
13=^ Alaska... Stat. $ 6,000 15 One 35; 500(b); .500(b) 300(c) Arizona . Const. 6.000 10 Unlimited- 20(d). 10(! (e) Arkansas.... . CoBSt. 20 60C(f) % 2.400(g) 5 One California... . Stat. 16.000(h) (i) (i) 25 (i) . 25-' Colorado...... /^tat. 9.6000) 8(k) (k) 10(1) 8(k). 20(m) Connecticut. .. Stat. 3.250 10 Daily • f 7S0(n) 25(o) Delaware Consti 6.000 15 Unlimited 25(c) 25" Florida...... Stat. 12.000(g) 10 Weekly 25 10 300(p) 25 Georgia...... Stat. . : . 4,200 10 Weekly 25 10 (s) Hawaii . Const./Stat. .. 12.000 Unlimited(q) 750(c); 20(r) .. 25 Idaho . Const. & 10 60 C 10 20 C 10 One 35 Xt) '200 . Comp. Comm. IlUhois. . Stat.. 12^00(g) 15 Weekly 50(c); 3,600(u) 3.600(u) Indiana Stat. 1.800(v) 8 Weekly 25; 30(w); 8 25. . 10(y); (x) (2) Iowa Stat. 40 . ' (aa) (ab) ..... 40 10 One(ac) (ad) 10 40(ae) Kansas Stat. 10 90 C(af) ...... 10 30 C 9 Weekly(ag) 25(ah) "100 (ai) Kentucky. Stat. • 25 60L(aj) 25 15 One 25; 50(c) 'S I 25 300 Louisiana. Stat. 50 60 C(af) 5(h 30 C 10 Eight(ak) 500(a) 10 50 500(a) oo Maine... Stat. 2.000(al) 2© 9(am) Weekly 7; 9(an)'-" (t) Maryland'. Const. 2.400(g) (ao) 30 C 10 -Unlimited 25; 50(c) io 35(ap) '2.60O; 4.700(aq) Massachusetts. Stat: 11,400(g) (ar) Daily (as); 'l.200(u) . 1.200(u) Michl^n. Comp. 15,000 3,000(u) (t) Comm, 3,000(u) Minhesot'ta. Stat. One 24; i6(at) Mississippi. Stat. Weekly(av) 12.S0(aw) Missouri. .'. Stat. Semi 10 100 monthly ' Montana. Stat. 20 60 C One 15 Nebraska. Const./Stat. .. One 100(c) Nevada... Stat. 40 . 60 G (ax) 25; 60(c); 250(ay) New Hampshire. Const. 25(az) New Jersey; Const./Stat. (bb) New Mexico Const./Stat. 20 60 c(af)'::: . (au) io 20 New York Const./Stat. 3.000(u) (t) 3.000(u) North Carolina.. Stat. : 25; 50(a) (au) • S0(a) North Dakota. .. Const. '. 60 L '•• 35; 35(a) 30 (ap) 35(a) Ohio...... •Stat. Oklahoma... Const. Bd. 9(bd) 25(bd) Oregon...... i. Stat; 8 (au) 100 Pennsylvania.. Stat. Rhode Island... Const. 60 South Carolina.. Const./Stat.
South Dakota... Stat. 1.800(bf) Tennessee Const./Stat. 1.800(bg) Texas Const. 4.800 450; l.OOO(bi) Utah. Const./Stat. 25 60 C(af) . Stat. "..*.. 150(bj) 30 40 8 J Weekly 5; lO(bk) 8 5; lO(bk) ... Virginia. Stat. ; '35 60 G ''••>>• • .""^^-^ S 30 C 7 One l,200(u); (b) .... l,200(u); -. . r '. (b) Washington Stat. •.: . . .V«'. ' 7,200
LEGISLATIVE PROCEDURE: OFFICIAL RECORDS
•Jourtml- Records of coin-. Permanent Verbatim record . . mitlee hearings. Sldte or other Published Shows rulings Shows all journal of proceedings of and proceedings jtirisdiclion daily of chair votes a Checked by indexed houses maintained taken ———-S— Alabama...... '. No(a) .. No- Final passage House—Committee on Rules; Senate- Yes—subject No . No. • Committee on Revision of Journal
Alaska. .... Yes • Yes ; Yes—except voice House—Chief Clerk; Senate—Secretary Yes—bill No Sometimes and standing voles
Arizona...... No(a) Yes Final passage .,Houst;—Chief Clerk; Senate—Secretary Yes—subject, bill, No Sometimes sponsor
Arl^nsas...... No(b). Yes. Yes • Journal Committees • . ' Yes(b)—biU . ' No • No • California..,. Yes .Yes Yes Yes—subject, bill. No No House—Chief Clerk; Senate—Secretary sponsor Colorado...... ;•• Yes' Yes^ - .Third reading Yes—subject, bill.. No Rarely House—Chief Clerk; Senate—Secrel^ary sixansor, committee Connecticut.... •". Yes' • Yea Only when a divi Yes—subject • AlwaysCc) Always(c) sion is ordered Clerks •. Delaware...... •No,. No Yes House—Chief Clerk; Senate—Secretary Yes—subject ' : No • "^Florida, Yes • Yes Ye? ' House—Clerk; Senate—Secretary Yes—subject, bill. No Rarely(c) sponsor.
- • . ' No • No' Totals only House—Committee on Auditing. Enrolling Yes—subject, bill, No .' '. . No • & Engrossing' Journals; Senate—^Ad- • resolution ministrative Affairs Committee •
Hawaii...... Yes .. Ye? , . Third_re§iding House—Speaker; Seriate—President YesT—subject Usually Sometimes
Idaho...:...... Yes 0 Yes Journal Committees Yes—subject, bill, No • Sometimes (c) • gubernatorial action Illinois.....;... Yes. •• No Yes ^ - House—Speaker; Senate-—President Yes—subject, bill No No Indiana...... No(a) Yes Yes Committees on Legislative Procedures and Yes—subject, bill, • .'No -. •'• Sometime8(e,f) Rules ; sponsor ' , ' .,• > 'l- luwa. ; Yes .Yes Final passage, and House—Chief Clerk, Journal Qlcrk and Yes—subject, bill. No Usually (c) when yes-no House members; Senate—Secretary, Jour-: sponsor ' . • '• votes are taken nal Clerk and Senate members • •••, •••..• ,.
Kansas. 1..;.. Yes Not always Final passage Journal Clerks Yes—subject, bill, ;. No"". • '••'. No . . sponsor Kentucky.. No (g) Yes—except • Legislative Research'Commissfon Yes—^subject, bill,. ' .^ No No • voice votes sponsor; committee r^.
Louisiana.,.. Yes (g) Final passage(h) House—Clerk; Senate—Secretary Yes—subject, bill, ,, . In part ' No ^ sponaor(i) '.'• '^.
Maine..\ . .Yes House—(g) • .Yes House—Cleric; Senate-Secretary Yes—subject, bill. Yea ,. . ; -No. • • ••' '[ Senate—Yes Maryland. No • • No, Roll call Department of Legislative Reference Yes—subject, bill No , . • • No -1. Massachusetts.. Yes • V .Yes.'., Yes . House—Assistant Clerk; Senate—Clerk Yes—subject • No • No Michi^n:. . Yea . .' :• Yes ., Roll caU House—Clerk; Senate—Secretary Yes—rsubject, bill, Rarely . Always{i) sponsor Minnesota.. Yea House—Yes • • Yes- House-^Chief Clerk; Senate—Secretary Yes—subject, bill, . -'No Sdmetimea(c) Senate—YesCg) sponsor ' Mississippi..... ; No(a) Yes House—(i) House—Clerk; Senate—Secretary ' Yes No No • Senate—Yes
Missouri...... Yea -. Yes f1. Yes ' House—-Chief Clerk; Senate—Secretary Yes—subject, bill; No • No-.: .••' sponsor. '••4 ^ - Montana... Yei '••••^'•.Yes :. Thifjd reading Journal Committees Yes—subjett, bill .', "• No,.. • . ,' Minutes only(c) Nebraska...... Yea Yes ' / .-.No '", • •,- Clerk Yes-r-subject, bill, .••.s=-Always . Always (c,k) sponsor Nevada.. Yea Yes , Yes Legislative Counsel Bureau Yes—subject, bill AlwaysCl) . ... Sometimes New Hampshire Yes Yea •.-., Yes.. Journal Committees Yes—subject, bill House—No . Always(c,m) > Senate—Usually New Jersey No ..No Yes.. •General Assembly—Clerk; Senate—-Secre Yes-^subject, bill,- -No Sometimes(n) • -:. tary - sponsor New Mexico..... No. ' :• Yea . ; Yes House—Rules Committee; Senate—Judici Yes(o) No • . •'No' ary Committee New Yorle No Yes. Yes, ' Journal Clerks Yes—subject, bill, Always(p) Rarely sponsor, title .,
North Carolina. No Yes No Rules Committees Yes—subject, bill, . •' -No, : • No • . ' • • sponsor. • North Dakota'.. "^cs-.-^ Yes Final passage Revision and Correction Committees . : Yes—bill, sponsor . Rarely .' Minutes Ohio...... Yea • Yes Yes House—Journal Clerk; Senate—;Clerk Yfe's—subject,.bill, No. Always(q) sponsor, code ' sections i • Oklahoma.... Yes " No(r) Yes Journal Clerks ' •. Yes—subject, bill, '. sponsor,' personnel ^°r—->*^ Oregon...... , No(a) Yes Yes House—Chief Clerk Yes—si".u;ect, bill, . . No • Usually ^ ^ Senate—Secretary spoav.'.r, committee Pennsylvania!., . Yes Yes •Yes •.' • House—Chief Clerk; Senate—Official Re Yes—subject, bill, Always ,. .: 'No. X.'^- •• • porter • • • sijonsor, legislative • ' and gubernatorial action " . • ' i' 1 •'-. • •.>"•
Rhode Island... . Yes(s) • 'Yes • Yes House—Recordirig Clerk; Senate—Secre .No No- - ' ' • ' No • tary of State ^ * • South Carolina. Yes •Yes. .. -Yes. House:—Clerk; Senate—Clerk Yes—subject, bill, .'.No . Sometimes(c,c) sponsor '•:\
LEGISLATIVE PROCEDURE: OFFICIAL RECORDS—Concluded
-Journal- •• Records of com Permanent Verbatim record mittee hearings State or other Published Shows rulings . Shows all journal, of proceedings of and proceedings jurisdiction daily of chair - . votes- • Checked by indexed houses maintained taken ^
South Dakota. Yea (B) Final passage House—Committee on the House Journal;. Yes—bill, sponsor, • No- -.^ Sometlmes(c,(s) Senates-Committee on Legislative Pro '' subject; •>«=
• • .• •' " / cedure and Enrolled and Engrossed Bills
Tennessee...., No(a) U Yes Yes Clerks: Yes—bill, sponsor Always (t) Rarely Texas Yes ' -Yes Yes Jburnal Clerks Ye3-T^subject,.biU, . No • • Always(u) • sponsor • • \ Utah.....^.... Yea Yes Yes Chief Clerks and Hinute Clerks Yes—subject, bill • Always (v) Rarely Vermont._ /Yes- Yes • Yes House—Clerk; Senate—Secretary Yes—subject, bill . Always Always Virginia...... No(a) House—No House—when yes- Clerks Yes—subject No No ' Senate—Yes' no vote taken Senate—Yes Washington No Yes Yes House—^Cbief Clerk; Senate^Secretary of Yes—subject, bill. House—Sometimes(w) House—^RarelyO) j • . • -' Senate • sponsor ' Senate—No. . Senate—Rarely(x) West Virftlnla:. Yes Yes" . Senate—Yeaj- House—Speaker; Senate-^CIerk Yes—subject, bill, . Always Always(c) House-^Final sponsor. • ' . passage Wisconsin... • Yes Yes Chief Clerks Yes—subject, spon No •. Al'wa'ys(f) ; .1 • .; Yes sor, lobbyists '. Wydmlnft...... No(a) No House and' Senate Journal Committees, yea No ,No • ' yes Chief Clerk. Journal Clerks t • Guam...... ;.. Yes Yes Legislative Stafif Director and Legislative Yes .. •- • Yes •; . . ;, Yes , , Yes • Body • ' .
Puerto Rico..... Yes Yes - i: ^^ . Secretaries of House and Senate supervise ' Yes—subject : Always', Sometimes Director, of Journal Virgin Islands.. •' Yes Yes : /': Yes Committee of the Whole No.' ' , '• /\ Always Usually
(a) Daily journal is prepared, but maintained in typed form. Permanent journal is printed (m) Proceedings of House and Seriate Judiciary and 'Ways arid Means Committees and of after close of session. . House Appropriations and Senate Finance Committees are recorded; other House and Senate (0) Daily journal is prepared, but maintained in^ypcd forml Permanent journal is printed • committees, have minutes which'vary in completeness. occasionally J . ' ; (nl Upon request of committee or committee chairman. In New Jersey, request applies to (c) In typed form only. hearings only. ' , (d) Depends on importance of question. (o) A separate final bill locator is published arid bound with journals. Final.bill locator is (e) Some public hearings and investigations recorded. a numerical index giving legislative day of each stage of the bills. ' (f) Namesof those appearing for and against legislation and committee votes j^petjfded. (p) Senate records available only to triembers of the press. CR) Kuting of chair is recorded oiily if it is appealed. (q) Records are sketchy.' Generally contain the attendance, names of persons testifying (h) Final passage is shown in the journal when'thcre is concurrence in amcimmcnts of 2nd.' and disposition of bills. Not available, to public. .house.. Conference Committee Report contains other record votes. One^lh of members (r) Record maintained in separate notebook. ' . . .. elected in either house may cause the recording in the journal of the yeas and nays on any (a) Daily journal is permanent journal. question. (t) Recordings are made by the.library and archives for historical puriMsea only. The (i) Records of standing committees always taken and kept; records of interim committees journal is the olificial record. taken verbatim only on request of chairman. (u) Minutes of all standing committee hearings keptbut not printed. Occasionally verbatim (j; If Speaker-submits written riilingl ., testimony before investigating committees may appear in full as supplement to the journals.. .(k) Reports of those appearing before committees and material preserited'in narrative are (v) Tape recordings are made in both houses. Recordings are preserved by Utah .State rec<»dcd.' Historical Society,and are not availablc'to the public fof a period of 10 years. (1) Both houses record all proceedings with mechanical recorders, but. partial transcriptions (w) Published in permanent journal. are made only occasionally.. The records appear in journals'upon request. (x) Hearings only. LEGIS'LA TURESrAND LEGISLA TION 73 LEGISLATIVE PROCEDURE: STANDING COMMITTEES AND HEARINGS
No. of standini committees at Range in site House 1968 and 1969 ^ of Hearings committees Senate regular sessions committees open lA State or appointed committees , —^ V to other jurisdiction by Speaker appointed by r~. Senate Joint public^ House Senate Joint House Alabama. if President 31 0 7-1^ , 3-21 Dis. Alaska.... (a) : (a) 9 0. 7-13(b) 5-7 Dis. Arizona... • President . 15(c) 13(c) 0 5-15 7-17(c) Ves(d) .Arkansas. •ic Coram, on Comms. 26 25 1 5-27 4-12 Dis. California..., •k Comm. on Rules' 21(e) 21(e) /20,(e), -7-19(e) 5-13(e) 4-14(e) „ Vesv Colorado ir Resolution 13(f) 15(f) I 13-15 11-22 * 6 "^ Dis. Connecticut, •k Pres. pro tern 0 0 •30 12-47 Yes Delaware.... if Pres. pro tern • U 17 1 r 12 Dis. Florida... ir President 28 12 0 5-24 7-17 Yes Georgia.. ic President ^ 26 22 0 ^•5-51 5-35 Dis. Hawaii... if President 23 19 0 3-13 1-12 Dis. Idalio...... , it President - 13 12 0 7-17 7-11 Yes(d) Illinois. if eomm. on Comms. •23 22(g) 0 5-28(g) 3-X4 Yes Indiana. ir President 28 26 ,' 0 11-20 6-11 Dis. Iowa it Presideijt 18 . 18 0 11-44 8-35 Yes Kansas.. ilr Coram, on Comms. 2S(h) 17(h) 1 5-23(h) 5-11(h) Dis. , Kentucky. ^ (i) Comm. on Comms. 14 . 14V 0 16-17 7-9 Dis. • Louisiana. ' ir President 23 20 0 10-200) 7-160) Dis,„ Maine ilr • President 6 3 4-7 4-12 7-10 Yes" &faryland<., ir President 5 5: 8-36 8-16 8-16 ,Yes I Blassachusetts. it President 6 4 18 3-15 3-10 . 21 Yes Michigan..';... •jlr . Comm. on Comms. 32 (k) 14(1) 1 9-15(m) 5-8 7 Dis. Miitn«sota ir Comm. on Comms. 28 21-34 7-28 Yes Mississippi..... ir President, 46 18 • 0 2-33 2-21 5^' Dis. 40 5 Missouri., ir ' Pres. pro tem 37 28 1 5-31 5-13 12 Dis. Montana. • Comm. on Comms. 19 22 0 .4-17 3-11 Dis. Nebraska. (n) •' Comm. on Corams. (n K 14 (n) (n) 1-9 ' (nj • Yes Nerada.^.. ir "^President 14. \ 12 0 7-9 5-7 Yes New Haihps^ire. ir. President 26 ,13 5-41 3-8 8 Yes •NewJcrser ir President 16 16 7 ' 5-11 5-11 8-12 Dis. New MexiJ ir(o) Comm. on Comms. 16 7(1) 0 8-17 , 10-16 Dis. New York\ ir Pres. pro tem 20 31 0 18-22 , 9-27 Dis. North Carolina.. • • President 37 - • 30 0 12-6i • 8-29 Yes North Dakotas,.. • Comm. on Comma. 14 t 11 0 19 10^13 Dis. Ohio • Pres. pro tem 14 0 7-21 9-10 Yes Oldahoma. • Comm.) on Comms. 15(q) 15(q) / 0 10-27(q) 7-17(q) Dis. . and Rules (p) V • • V Oregon...... • President 16 ^ 20 2 7-11 5-11 14 Yes Pennsyirania. .. Pres. pro tem 23(r) 21 22(r) ll-23(r) 11-23 4-39 (r) <. Dis. Rhode Island... • Named in rulea 3 17 17 5-12 , Dis. South Carolina.. Elected (s) ¥ 6 5 ,5-27 5-18 6-15 Dis. ' ^ • 8 26 South Dakota. 5". ir President 25 16 0 3-15 3-9 Dis. Tninessee. • Speaker 8 7 0 24-30 11-14 (t) TO •jlr 'President 45 27 0 5-21 5-21 Yes Ut ir President 16. 11 1 7-14 6-9 58 Yes Vaiiton%.: ir Comm. on Comms. 15 13 2 9-11 5-6 3-5 Yes Virgiaia:.A.... • Elected 34 21 1 5-17, 3-19 2 Dis.(u Washington..... ir President 16 17 0 9-32 8-36 Dis. West Virginia.'.. .* President 11 17 3 12-25 7-18 iih-ii Yes Wisconsin; -tej Comm. on Comm3.(v) 26 13 3 3-13 3-12 . 5-14 Yes Wyoming;-...... • President, 18 IS 1 7-9 2-5 5 Dis. Puerto Rico.."; . * President .•••[-•'• .. 10^ 13 6 3-28 5-17 7-16 Dis. Virgin Islands... (n) President ' • -{n^ 10 (n). (n) 3-7 , (n) Dis. •Abbreviation: Dis.—Discretionary. (j) Range in size of conimilteea in 1968: House 9-20; Senate (a) Nominated by committees and elected by House and 7-16. • Senate respective]*. (Ic) 31 in 1968 session. Kb) 7-11 in 19^ session. (I) Plus Committee on Committees. (c) Number of Sundins Committees tn 1968: House 14, (m) 9-13 in 1968 session. Senate 14: ranee in size of ^committees in 1968:'Senate 6-11. (n) Unic3(meral Legislature. ' , (d) Except for executi^ne sessions. (o) With Committee on Committees' advice. (e) Number of Standing Committees in 1968: House 26, , (p) With election by Senate; appointments to temporary and Senate 22, Joint 23; range in size of committees in 1968: House- si>ecial committees made by presiding officer. '• 3-19. Senate 5-13. Joint 4-14. - » • (q) Number of Standing Committees in 1968: House 35. (0 Not included are the House and Senate Services Commit Senate 12; range in size of committees in 1968: House 10-27. tees, the House Rules Committee and the Senate Calendar Senate 7-17. Committee. Number of Statins Committees in 1968: Senate (r) Number of Standing Committees in 1968: House 33, 12. Joint 29- range in size'of committees' in 1968:' House 187-20,. d) NumberAofsr Standinz Committees in'1968: -Senate 23;. Joint 2-63. •* range tn sfze of committees in 1968: House 6-29. (s) Special committees appointed with seniority consider (h) Number of Standing Committees in 1968:' House 45; ations. . , Senate 31; range in sire of committees in 1968: Hotise 3-32, ft) House—^Discretionary; Senate—yes. ISenate 5-13. The Judiciary Conffaiittee to 1969 included all (u) Final vote in House must be h^d in open, session. '' / ' lawyers admitted tp practice in Ksnsas. / . . (v) With confirmation'by Senate. (i)-ComnMtte« on Conunitteea. •".- . - •• •• . ••) ~ ^5r •i - .^-
- • . LEGISLATIVE^P^EDUREj^BILL INTRODUCTION AND REFERENCE
, ( , '•—'~——-Exceptions to'limitations- ^ 1 . •:•*'• By • Reve- At Pre- . indicated For nue and re- session Pre- . vote of com- appro- quest bill session Bills referred to committee Commit appro- mit- pria- of drafting • bill * by tee must- State or other Time limits on prtate tee tion Gov- service filing , —; *- ^ report Jurisdiction introduction of bills house bills bills ernor Other _ provided permitted House : Senate all bills Alabama No limitations ...... , ' ... Yes(a) No Speaker President No AlaBka(t) > 1st session, no limit; 2nd 2/3 5 X .. X ... Yes Yes Speaker President No . session, 35th calendar member- . " day " ship Arizona Senate—36th day 2/3 elected ...... Ye3(a) No Speaker President No * . House—36th day ...... By action of Rules > Committee- • . _. Arkansaa. Approp. bills—50th calendar 2/3 .. 4...... YesCa) No Speaker President No(b) day; Other bills—5Sth cal- member-, endar day; N.one last 3 days ship '^• California 100th calendar day(c) 2/3 ...... • ... Yes(a) No Speaker Rules Comm. Yes(d) Colorado .•.. . 50th day Majority .. X .. Resolutions YesCa) Yes Speaker President Yea(d) Connecticut...... 3rd legislative Jhursday (e) X X ...-- Yes(a) Yes Speaker President No(f) * Delaware.... Fixed by each house Majority ...... Ye3(a) Yes Speaker " Presiding Ofif. No Florida rfX Senate: No limltaticto...... Yes Yes .Speaker' S^" President Yes * \ House: 45th calendar^ay ...... By action of House \ / V ^ . RulA Committee Georgia } Np limitations ...... , .. ... Yes(a) Yea(g) Speaker President No Hawaii Fixed at 8ession(h) Unanimous .., ...... v^ Yes(a) No Speaker President Yes Idaho y^ 25th day • Unanimous (i) ...... Yes No Speaker President (i) IlilnoU <.' Senate—2nd Friday in Majority elected ...... Yes(a) Yes Speaker Bills Comm/ No , House—April 2*5 Majority elected ..'...... Indiana .^ Senate—27th calendar Majority present...... Yes(a) No Speaker 1 President No ^day and voting ^ ' • ^^ •House—30th calendar day Majority ...... ^ •. . . •' lowa(t) Senate: Istfeessioh, Friday 2/3 X X .; . ... Yes Yea Speaker President Yes(k) •of 7th week; 2nd session, . "^ Friday of 2nd week ^ " ^ House: 1st session, 57th 2/3 . X X .. • ... . calendar day; 2nd ses- ' ., ^ alon, ISthcalefidar day \ Kansas Fixed at session v/ ...... i \ .. ... Yesfl) Yes Speaker President pro tern No Kentucky...T No limitations -.,^ ...... A .. ... -Yes(») No • ' Committee on Committee on Yes >v Committees Committees Louisiana. •• Regular—15th calendar \ ,2/3 elected .. *. .. Const.amendments. Yea Yes Speaker(m) President No ° - day \. , 21 days ^ ' Budget session—10th \ . .,t . • ° •" . , calendar day ; • • ? • . Maine 4th Friday after p6nvenlng(n) (o) X ., .. • Bills to facilitate Yes(a) V,es Joint Committee(o) No(b) f j i^ legislative business Maryland... Regular-^42nd calendar day 2/3 f ...... " Yes(a) Yes Speaker President No • . Massachusetts...;. Must be Introducejd one 4/5 present ^ .. .. X Bills in reports due Ye8(a) Required(p) Clerk(q) Clerk(q) Yea - * • " month before sefeston and voting : after convening 'aC . •> Michigan April 16 . i ..'. V.. X .. By concurrent res- Yes ^ Yes(r) Speaker PresidenKs) No , -.: olution -, Minnesota. 90th legislative dav • ... ' .. .. X ...- .^ «Yes(a} No Speaker President No Mississippi .... -T>Ione last 3 daysUr .. •• .- • ... • )Yes(a) No Speaker President No« . Missouri 60th legislative day Majority .. X X ' ... Yes(a) No Speaker • President No Montana ..... Senate—18th day 2/3 .. Substitute bills for Yes(a) No' Speaker .^ President Yea House—18th day 2/3 .. X • ;. bills pending Nebraska 20th day I 3/5 elected X(u) .. X ... YesCv) Yea (w) Ref. Comm. No Nevada Senate-.^N6 limitations ...... Yes No Introducer -^Introducer No * House—40th day odd years 2/3 X .. -.. Resolutions New Hampahlre.. 17th day(x) 2/3 elected (y) '- ... yes(a Yes Speaker President Yes(d) New Jersey No limitations Yes(a Yes Speaker President No New Mexico...... 35th legislative day X - Substitute bills for Yes (a No Speaker President No bills pending New, York Fixed at session Yea Yes Speaker President No- North Carolina... No limitations except ... - YcsCa) Speaker President No for local bills "^ No North Dakota 15th legislative day 2/3 elecled («) ... Yes Speaker ' President Yes members(z) Yes Ohio. Senate: No limitations Yes(a) Reference Comm. Majority Leader No. House: By decree of Speaker No Oklahoma.. (aa) 2/3 elected Yes(a) Yes Speaker • President No Orefton. 36th calendar day (ab) Approved by Rules Yes(a) Yes Presiding Off. Presiding Oflf. No Committee Pennaylninla... No limitations ... Ye3(a) No Speaker Presiding Ofif. No Rhode Island... :50th day Unanimous consent Yes(a) No ' Speaker President No South Carolina. No limitations Yes"" s(a( ) No Presiding Ofif. Presiding Ofif. No South Dakota.. /Fixed annually .by rule 2/3 elected Yes Yes Speaker President ,<;, No Tennessee By rule Local bills Ye3(a) No Speaker Speaker > No(ac) Texas...... i... <50tH calendar day 4/5 members Yes(a) No Speaker — President. No Utah'. Senate—30th day UnanimoilS (ad) Yes Yes Speaker President Yes House—35th day 2/3 present pHouse—5 weelcs(ae) Majority (af) Consent of the Yes No Speaker ' President Yea Committee on Rules Vermont. I Senate—6 vyeelc8(ag) Majority Consent of the Rules Committee Virginia..... (ah) . ' • ... Yes(a) No Speaker President Nofb) Washlnitton. 2/3 elected .. X Substitute bills for Yes(a) Yes Speaker President . No(aj) 40th day(ai} bills pending West Vlralnla. 2/3 present and.. Yes Yes Speaker President No • : 50th calendar day voting(alc) Wisconsin 2/3 members .. No limits for Legis- Yes(a) (al) Speaker Presiding Off. Yea 51st calendar day(ae) present lative Council or- ot some committees Wyomlnft : 18th day Unanimous . f. No No Speaker President No(am) Puerto Rico... 60th day • Majority X(an) Yes No Speaker President No Vhrftln Islands. No limitations ... Yes No (w) President No
t—.Have two-year Legislature, Senate may determine by motion where bill Is to go (a) Continuous service. No appropriation or revenue bills may be passed during last 5 days. (b' i)) DonDone aas aa mattematter oolf practice. (u) A standing committee (by majority vote) may introduce a bill only if approved by a (c) Joint rules prohibit'introduction after 100th calendar day, Including Saturdays and vote of 3/5 of the elected members of the Legislature. Sundays with certain exceptions. J (v) Established three months prift to session. (d) In practice, those not acted upon are reported back on last day of session without (w) Unicameral Legislature. recommendation. In New Hampshire, all bills still in committee at time of adjournment are (x) Bills from state officers and departments must be filed with Legislative Services prior declared "inexpedient to lesislate" by concurrent resolution. ' to October 1, preceding the session. Revenue bills must be filed with Legislative Services by (e) Appropriation, emergency and certain other bills. 9th day and introduced in House by March l.This also applies to special appropriation bills. (f) Many bills are: never reported. Exceptional ones are petitioned out by signature of .(y) Only those reported by Committee on Rules. s majority of House. | ' . • (i) Only bills approved by Delayed Bills Committee. (g) House riiles allow prcfiling and bills are assigned to committees for study during interim. (aa) Senate: Ist session: No limitations; 2nd session: On or after Feb. 1 except by suspen This filing is not oftiicial and bills have to be introduced when sessions begin. The Senate sion of rules. House: 1st session: 23rd legislative day; 2nd session: 15th legislative day except ^ • plans to follow this same procedure informally. by suspension of rules. ' • • (h) Both bouses usually select a cut-off date atMut mid-session. (ab) As introduced by Committee on Ways and Means. (i) Exceptions for the following committees: 45th day for Senate State Affairs, Finance, (ac) Bills may be forced out by 2/3 majority vote. Judiciary and Rules, lEducation, Educational Institutions, and Transportation Committees: (ad) Appropriation bills only. 35tb day for House State Affairs, Appropriations, Revenue and Taxation,'and Ways and (oe) Except for proposals delivered to draftsmen by that time; in Wisconsin, proposals Means Committees. | must be delivered to draftsmen by that time. (j) Senate—yes, unless excused by majority vote; House—no. (af) Committee bills may be introduced until ten calendar days after annual town meeting (k) Can be excepted in House by affirmative vote of not less than 63 members. held first Tuesday in March. Special rule permits late introduction by Appropriations and (I) For proponals of Legislative Council, Commission on Interstate Cooperation and Ways and Means Committee. :> • . . certain special interim gubernatorial and legislative committees. (ag) First year: 53rd calendar day: second year: must be filed with draftsman no later than (m) upon motion of author. twenty-five days preceding the opening of the session. (n) Requests shall be subihitted to the Director of Legislative Research not later than (ah) Time limit for introduction of general bills established by resolution; for municipal fourth Friday, and in final form shall be introduced not later than the sixth Tuesday following. charter bills, twenty-day limit. (o) A measure may not be introduced after the time limit fixed at the session if l/IO of (ai) In House revenue, tax bills and executive request bills before 50th day. those present object to its admission. Approval of joint committee on reference.of bills is (aj) Majorityof. elected members may force a bill out of committee. needed first. (ale) Permission must be granted by concurrent resolution setting out title of bill. ' (p) Bills must be Introduced in December one month In advance of session. (al) Bills are printed .to a limited extent. cq) Subject to approval of presiding officer. (am) Bills may be forced out by request of member on fioor.In Senate, motion must be (r) Pre-session filing permitted only at second session of biennium. Since January 1, 1964, seconded by. three Senators. In the House, no committee may retain a bill longer than five all business, bills and joint resolutions carried over from odd-year session have had the same ' days without permission from the House. status in the succeeding regular session. Bills are numbered consecutively through the two (an) In substitution of q bill already introduced. years of a term, instead of through each regular session as previously. 76 THE BOOK OF THE STATES LEGISLATIVE PROCEDURE: HOUSE AND SENATE ACTION
Readings Roll call on final passage; mandatory on request of (b) Majority On of members State or other separate Senate House Electric roll required to pass jurisdiction Number days In /ttH(a) members members Call device billic)
Alabama 3 Yes , 3rd, very few Allbiila All bUl3 House Present & voting Alaska,. 3 YeaCd) 2nd, rarely All bills All bills Both houses Membership Arizona...... 3 Yes 3rd All biUs All bills House ' Elected Arkansas 3 Yes(e) 1st. 3rd. rarely AU bills All bUls House ' Elected California...... 3 Yes(e) None All bills All bills • Assembly- Elected Colorado...... 3 (f) 2iid, 3rd, less than AU bills All bUls No Elected Connecticut.!^... 3 (g) None 1/5 present 1/5 present House Present & votlng(h) Delaware.. 2 Yes None All bills, joint and No Elected concurrent resolutions Florida 3 Yes(e) None, unless J./3 All bills All bills- Both houses' Present present desire It . Georgia 3 Yes (i) 1/5 present 1/5 present House Elected Hawaii...... 3 Yes None All bills All bills No Membership Idaho. 3 Ye8(e) None All bUls All bills House Present Illinois...... 3 Yes None All bills- All bills House Elected Indiana 3 Yes(e) None All bills All biUs . Both houses Elected Iowa 2 Yes(i) ltt.-'2nd, very few 1 .1 House Elected ^'% Urd. all House Elected . »r Kansas.... 3 Yes(e) All bills and joint resolutions . 1st, aU(lc) • AU bills AH.tUls House 2/5 elected Kentucky .. 3 Yes- & maj." voting .' One reading AH bills and resolutions Both houses Elected Louisiana. 3 Yes None 1/5 present 1/5 present House Present & voting Maine (1) Yes(g) None • AU biUs and joint resolutions Both houses Elected Maryland 3 YesCe) Massachusetts. 3 Y;3(j) None . 1/5 present(h) 30(h) House Present & voting(h) Michigan 3 (f) 3rd(m) • All bills AU bills House Elected &serving(n) Minnesota...!.. 3 Yes(e) None All bills AU bills Both houses Elected Mississippi..... 3 Yes(e) 3rd, all(o) 1/10 present 1/10 present House Present & voting(h) Missouri....:'.. 3 . Yes None All bills and joint resolutions House Elected Montana...... 3 Yes (p) AU bills and joint resolutions Both houses Present Nebrdska ,. 2 .(q) 2ncl, all 1 Unicameral Yes Elected Ner^da ..... 3 YesCe) 3rd, practically none All biUs and joint resolutions No Elected New Hampshire 3 (f) (r) . 2 No (s). , New Jersey 3 YesCt) . None AU biUs . Ml bills House Present & voting New Mexico.... 3 (u) None 1 1 • No Present New York....;. 3 . (v) Less than half 1 1 Both houses • Elected North Carolina. 3 Yes(e) -. None 1/5 • 1/5 No Present & voting(h) North Dakota.. 2 Yes None All bills AU biU« Both houses Elected(w) ., Ohio .'... 3 Ye3(x) None AU bills AU bills House Elected Olclahoma V>^ 4 Yes 1 AU(e) AU bills AU bUls Senate Elected Oregon 3 Yes(e) 3rd, rarely gAU biUs and joint resolutions No Elected PennsylTanla... 3 Yes None AU bills AU bills House Elected Rhode Island... 2(y) Yes(y) 2nd, very few 1/5 present (h) 1/5 present (h) No Present & voting South Carolina: 3 Yes 2nd. aU 5 ' 10 House Present & voting(h) South Dakota.. 2 Yes Le?s than 1% AU bills All bills . No Elected Tennessee. 3 Yes 3rd. all AU biUs(h) AU biUs(h) Both houses Membership Texas. 3 Yes 1st, 2nd, 3rd. 3 3 House • Present & voting virtually none Utah 3 YesO) 3rd, 75% AllbiU.9 AUbUls No Elected
Vermont. 3 Yes(z) 2nd, 3rd,,very few- 1 • No .• Present & voting(h) " . None 1/5 present Both 2/5 elected & .: VUHinia... 3(aa) Yes(aa) 1/5 present houses • maj. Voting :> •. 2nd. 3rd. less than (ac); House Elected Washington 3 Yes(ab) . (ac) . None i/ioTh)' House Present & voting • West Virginia.. 3 Yes l/10(h) Almost never 1/6 present 1/6 present . As Present & voting(h) Wisconsin...... 3 (ad) sembly About 25% All bUls All biUs No • Elected Wyoming...... 3 . Yes(ae> 2nd. aU • AU bills All biUs No Elected. Puerto Rico 3 No , 2iid. all All bills(h) Unicameral No, Present-.&_v6ting Virgin Islands.. 2 No LEGISLATURES AND LEGISLAtj^PN 77 LEGISLATIVE PRQGEDURE; HOUSE AND SE?»ATE AcTioN-^Continued (Footnotes) . (a) The entries Indicate about what proportion of bills are (r) It occurs rarely, when printing of bill and referral to read in full at a particular reading. When no determination was committee is dispensed with under susi>ension of the rules. made, the reading or readings at which bills may be read in full (s) House: A majority of the members is a quorum for doing were recorded. business, but when less than 2/3 of elected members are present, (b) Constitutionally mandatory unless indicated otherwise. the-assent of 2/3 of those members is necessary to render acts (c) Special constitutional proyisions, requiring special major and proceedings valid. Senate: Not less than thirteen Senators ities for passage of emergency legislation.-appropriation or shall make a quorum for doing business; if lessthan sixteen are revenue measures not included. present, the assent of ten is necessary to render acts and-pro (d) Second and third readings on same day-when ^ of ceedings valid. members agree. • (t) First and second readings may be on same day and second (e) Except by 2/3 vote. and third' readings may be on same day upon roll call vote of (f) Second and third readings. New Hampshire: first and % of members. second readings are by title upon introduction and befdre (u) Limit of two readings on the same day. referral to committee. Bill remains on second reading until - (v) Assembly: Second and third readings on same day by acted on by House or Senate. unanimous consent or special provision of Rules.Committee; . (g) Bills or joint resolutions originating with a- committee Senate: first and second readings are upon introductionj^efore may receive same day second reading. referral to committee. ^ (h) Determined by house rules or custom. (w) Two-thirds vote required for amendment or repeal- of (i) All general bills are read in fiill /on third reading, local initiated or referred measures. bills by title. (x) Except by H vote. —- (j) Unless rules suspended.. Massachusetts and Utah: then (y) Except by unanimous consent. : .all readings in one day. (z) If bill is advanced at second reading. It inay be read •' (Ic) Second and third readings at length dispensed with by third time on the same day. majority vote of elected members. (aa) Dispensed with for a bill to codify the laws and by a (1) House: three readings of bills and two of resolves; Senate: 4/S vote in case of emergency. two readings of bills and resolves. (ab) Except two readings permitted on same day by 2/3 vote. (m) Need not be riead in full if Senate consents unanimously In Senate, majority vote only required after forty-ninth day. or if 4/5 of House consents. ' (ac) Roll call by electric roll call device in House, but 1/6 of (n) Michigan: 2/3 in each house required for appropriation the members present may demand an oral roll call.. of public money or property for local or private purposes. (ad) Senate: no two readings on same day. Assembly: second (o). Local and private bills excepted. and third readings on scpE^rate days. ... Appropriation bills only, not more than S percent, . (ae) Requirements often waived.' (qj Second reading abolished. Rules often suspended and refeired to committee same day as first reading.
^S
/
.''*•. 78 THE BOOK OF THE STATES LEGISLATIVE PROCEDURE: EXECUTIVE VETO
Days after Fate of bill •which bill <— after adjoummenl;—s becomes Days after Da ys after Votes required Constitution prohibits law {before •which bill -which bill Item veto in House and Governor from vetoing adjourn- is la-w • 'dies on appro Senate to pass bills State or other ment) unless unless unless. priation or items Initiated Referred ' jurisdiction vetoed* vetoed* signed* bills over veto(a.) measures measures Alabama 6 10 Majority elected (b) (b) Alaska... IS 20 Three-fourths elected • (c) > Arizona 5 10 Two-thirds elected • • Arkansas...... ; 5 20(d) 1 Majority elected • California.!.....;. 12(d.e) 30(d) Two-thirds elected •- . • Colorado.... 10(d) 3Q(d) • Two-thirds elected •. • Connecticut...... 5(f,g) 15(d.g) • (h). Two-thirds elected (b) (b) Delaware 10 36(d) . • Three-fifths elected (b) (b) Florida.;...... 7(d) lS(d) • Two-thirds present (b) ..(b) Georgla(i) 5 30 • Two-thirds elected (b) . (b) Hawall(i). 10(j) • 45(j.k) (j'.k). • Two-thirds elected . , (b) (b) Idaho 5 10 • Two-thirds present Illinois...... 10 10 • Two-thirds elected (b) (b) Indiana 3 S(d.l) Majority elected (b) (b). Iowa.- 3 (m) (m) • Two-thirds elected (b) (b) Kansas. :..., 3 (n.o) • TwQ-thirds elected (b) (b)' Kentucky...... 10 ID . • Majority elected . (b) (b)- Loulslana(i)...... lO(d.g) lO(d.g) • Two-thirds elected (b) (b) - Maine: 5 (P) • ;:1 Two-thirds present .(q) • • Maryland(i) 6 6(g): • (h) Three-fifths electedv (b) / (r) 1- Massachusetts 10(f) .10(g) Two-thirds present ' • • Michigan 14
^f fff LEGISLATURES AND LEGISLATION 79
LEGISLATIVE PROCEDURE: EXECUTIVE VET6=-Continued (Footnotes) (o) In practice, Legislature closes consideration of bills 3 •Sundays excepted. , , .,..•,' . • days before adjournment sine die. However, some bills may (a) Bill returned to house of origin with objections, except in be "presented" to Governor during last 3 days of session. Georgia, where Governor need not state objections, and in (p) Bill passed in one session becomes law if not returned Kansas, where all bills are returned to House. within 3 days after reconvening in Maine and Mississippi and (b) No provision for initiative or for referendum,-as case within 2 days after convening of the next session in South may be, by petition of the people in State. . Carolina. „ , , , j (c) Petition to place referendum on ballot is filed only within (q) Constitution provides that Governor may veto initiated 90 days after adjournment of legislative session in which it was measures, and if Legislature sustains veto, measure is referred passed. Thus Governor has had the opportunity to veto it. to vote of people at next general election. (d) Sundays not excepted. , ,,;.•. , " j- (r) By court decision applies to local bills only; no referendum . (e) If'Legislatiire prevents the return of a bill by adjourning on sutewide bills. , . • . . ., a special session, the bill does not become law unless signed (s) If Governor does not return bill in IS days, a joint resolu within 30 days. - . tion is necessary for bill to become law. . . j . (0 Sundays and legal holidays excepted. , , , , (t) Governor may not veto items m- budget submitted by ' (B) After receipt by Governor. Maryland: right of item veto himself after it has passed Legislature with 3/5 vote. ' „ . on supplementary appropriation bills only. . ... (u) If house of origin is in temporary adjournment on lOth (h) Governor may veto items of appropriation bill and items day, Sundays excepted, after presentation to Governor, bill vetoed may be recortsidered in accordance with rules for dis becomes law on day house of origin reconvenes unless returned approved bills. ... J by Governor on that day. Governor may return bills vetoed, • (1) Constitution withholds right to veto constitutional amend- suggesting amendments, and bills may be passed in amended . (j) Saturdays, Sundays, holidays, and any days in which, the form, subject to approval by Governor in amended form within- Legislature is in recess prior to its adjournment excepted. 10 days after presentation to him. , (k) If bill 18 presented to Governor less than 10 days before (V) Bills not signed by Governor do not become law if the adjournment and he indicates he will return it with objections. 4Sth day after adjournment sine die comes after the legislative Legislature can convene on 4Sth day after adjournment to consider the objections. If, however, L,egislature fails to con (w) Vetoed bills of odd-year session are subject to override vene, bill docs not become law. . ^ at the following even-year session. : . (I) Bill becomes law if not filed with objections with Secretary (x) Referendum exists only upon petition of the people on of State v?ithin 5 days after adjournment in Indiana" and 15 certain nonemergency bills after Governor has signed tpem. days after adjournment in Wyoming. ^ '^^,1 (y) No.veto; bill becomes law 30 days after adjournment of . (m) Bills forwarded to Governor during the last Idays of the session unless otherwise expressly directed; General Assembly session must be deposited bjis Governor (z) ?4 in case of an emergency measure. •with Secretary of State within 30 days after the ddjoumment (aa) Also may veto items m new bills declaring an emergency. of the General Assembly. Governor must give.his approval if (ab) Governor can veto "parts" of appropriation bills and \, approved or his objections if disapproved*: : 1 . ^•'' other bills. - . ' ,,. . - . ' . \. • . • (n) Bills unsigned at the time of adjournment do not become. (ac) Governor may reduce or eliminate items but must give law. In Vermont, if adjournment occurs within 3 days after written notice of item veto either 3 days before adjournment or passage of a bill and Governor, refuses to siin it, the bill does not • 1 day after bill is presented for signature. .'become law. • • .,. ' •' (ad) Including majority elected. .
• 'I-
:;-'^- ST. 'ix*;' V • ..> ••••"^ •••• •• :- ••.:' .; .•••} • •••••••. j •:.• •• --' 1968 AND 1969 SESSIONS, INTRODUCTIONS AND ENACTMENTS -^ - As of January CS, 1970 f Regular sessions Extra sessions A * No. of No. of No. of No. of intro enact Length of intro enact Length, of State Convened Adjourned* ductions ments session\ Convened Adjourried* ductions ments session^
Alabama. .J May 6, 1969 Sept. 4. 1969 2.787(a) 1.255 -. 36L April 1. 1969 May 5. 1969 348 221 ISL Alaska... 7 Jan. 22. 1968 . April 16, 1968 759(b) 326(c) •86 C Jan. 27. 1969 May 1, 1969 1.050(b) 2.H2(c) •95 C Arizona...... Jan. 8. 1968 March 21, 1968 588 210 74 C May 8. 1968 •June 7. 1968 31 C Jan. 13. 1969 April U. 1969 564 147 89 C u Arkansas . Jan. 13; 1969 • May 8, 1969 i;336 669 'ri6 C Feb. 5, 1968 Feb. 21, 1968 156 67 17 Ci\ May 20, 1968 May 30, 1968 72 16 11 C California.. Jan. 8. 1968 Sept. 13. 1968(d) 3,374 1.474 . ' •137 L Sept. 9. 1968 Sept. 20. 1968 35 7 10 L 1 Jan. 6, 1969 Sept. 10. 1969(d) 3,792 1,619 140 L Colorado... Jan. 3. 1968 March 25, 1968 • 135 66 •83 C Jan. 8. 1969 June 17, 1969/d)- 986 384 161 C jCk>nhectlcut Jan. 8. 1969 June 4, 1969 5,900(e) 1.525(f) 147 C June 23, 1969 •June 25; 1969 15(g) 15(h) 3L July 21. 1969 July 22, .1969 9(g) 17(h) 2L 418 142 ' (1)' Aug. 7, 1969 i Aug. 7, 1969 Delaware.. Feb. 6. 4^68 Nov. 5, 1968(d) 51 L 0 0 lL(i) Jah.:7ri969 June 27, 1969(d) 835 303 Oct. 14. 1969 iOct. 15, 1969 25 0 2 L Oct. 27. 1969 Oct. 30. 1969 22 3 4 L Floridia.... April 8. 1969 June 6, 1969 4.814 1.68p(j) .'600 Jan. 29, 1968 •Feb. 16, 1968 502 133G) 19 C June 24, 1968 July 3, 1968 156 25 10 C Dec. 1. 1969 Dec. 10, 1969 . 98 28(k) 10 C r;,.Georftla. Jan. 8, 1968 March 8, 1.968 1,752 • 1.193 . 40 C June 12, 1969 June 13. 1969 .- '• „• i 0 0 2 C Jan. 13. 1969 March 26, 1969(d) 2,005 1.257 : 45 C . g Hawaii. . Feb.«21, 1968 March 29, 1968 962 75 31 L ^n. 15. 1969 May 23f 1969(d)- 2.388 281 66 L ^ Idaho... Jan. 13. 1969 March 27. 1969 890 526 - 74 L'' Jan. 29, 1968 Feb. 9. 1968 62 41 12 L lUinoia. March 4. 1968 Jan. 8, 1969(d) 773 . 362 =•'(1) Jan. 8, 1969 (d) 4,268 i;956 Indiana. Jan. 9, 1969 March, 10, 1969 1.591 435 ";(!)„ Iowa. . .. Jan. 13, 1969 May 23, 1969 1.577(m) 334 (m) >61 C Kansas.'. Jan. 9. 1968 March 8. 1968 , l,079(n) 408(j) 131 C Jan. 14. 1969 April 26. 1969 1.003 456{j) 60 C Kentucky.. .. Jan. 2. 1968 March 15. 1968 " 1.237(o) 437(j,p) 103 C L.oulslana.. i.. May 13. 1968 July 11, 1968 2.609(r) .-967(j.s)
Nortb Carolina. .Jan. 15, 1969 July 2, 19<59 .2',347 1.425 176 C -.—'-•• Nortli Dalcota.. Jan. %, 1969 March 19. i969 ljl69(ac) 686(j,ad) 60L '..- ;'. Ohio.. Jan. IS. 1968 March 20,-1968 102 / 59 32 L- ,'• • , • ' Jan. 6. 1969 (d) 1.300 / . 335 , 1-Z4 L - Oklahoma...... Jan. 2. 1968 May 3, 1968 1,029 / , 641 73 L
Jan. 7. 1969 April 29. 1969 -I.IOS^' 525 - 65 L •.•""'••-*
Oregon Jan. 13. 1969 May 23. 1969 l,554(ae) 708 a.af) 131 C • • • - • ".^ Jan. 2. 1968 , Nov. 30. 1968(d). • 668 565 ^ ,'- (0 - •• Pennsylvania.'.. Jan. 7. 1969 Jan. 6. 1970(d)' 1.219 217 (1) .\". ' • '.
Jan. 2. 1968 June 15; 1968(d) 1*974 837 92 L , -.— ' • ' • ..-"•• Rliiode Island... Jan.' 7, 1969 May 9, 1969 , 1.992 748 67 L ' Janl 9. 1968 June 28. 1968 l,ll2 . 792 (1) *••' South Carolina. Jan. 14. 1969 July 17. 1969 1.584 811(j) (1) Jan. 2. 1968 Feb. 10. 1968 ,563 283(j) 30L J .South I>akota.. Jan. 21. 1969 March IS, 1969 " //634 296(j) 45 L Feb. 13. 1968 April 3, 1968 1.556 429 30L Tennessee.;.... Feb. 25, 1969{ag) May 9, 1969 ,2.135 533 45 L . ••- . • • • Texas. Jan. 14, 1969 June 2, 1969 ,2.441 (ah) 905(ai) 140 C June 4, 1968 July 3. 1968 62 5 300 July 28. 1969 Aug. 26. 1969 164 1 30 0 Aiig. 27. 1969 Sept. 9. 1969 154 50 14 0 Utah,. = ...... Jan. 13. 1969- March 13; 1969 i 679(a j) 291 (ak) 60 C . May S, 1969 May 9, 1969 28(aj) 18(ak) 50 Jan. 3, 1968 March 23. 1968 151 • 129 &\-c Vemaoiit Jan. 8, 1969 April 22, 1969 ' • 446 ISS 105 C Vlrftihia...... Jan. 10. 1968 March 29, 1968 ,' 1.724 - 807 76. C Feb. 26. 1969 April 25. 1969 30 26 59 0 Washington. . Jan. 13. 1969 March 13, 1969 , 1.766 429 60; C March 14. 1969 May 12. 1969. (al) (al) 60 O West Virginia. Jan. 10. 1968 Feb. 10. 1968 ; 290 67 32 C. Jan. 3. 1968 , Jan. 10. 1968 1 I 8 C Jan. 8. 1969i March 11, 1969/ 894 166 63 e. Sept. 11. 1968 Sept. 14. 1968 31 - 10 4 O • / . July 21i 1969 July 25, 1969 -' 40. 10 SO »- Wisconsin.... Jan. 6. 1969 (d) 2.2 55 (am) 341 : 360 C Sept. 29. 1969 (an) 18(am) 1 (an) Wyoming....; Jan, 14. 1969 Feb. 22. 1969 663 218 40,0 'Actual adjournment-dates are listed regardless of constitutional limitations.' (n) Includes 322 carried over. (a» •fC—calendar days; L.—legislative days (oj Includes 199 resolutions. , —' (a) Includes resolutions. ,• (p) Includes 149 resolutions. ' ' (b)-Includes 186 resolutions first session; 289 resolutions second session. (q) Except Sundays and legal holidays. (c) Includes 90 resolutions first session; 112 resolutions second session. (r): Includes 367 simple and concurrent resolutions and 195 joint resolutions regular 1968 (d) Recesses:. California: April S-15. 1968; AUK. S-Sept. 9, 1968; Aug. S-Septl 8. 1969; session; 216.simple and concurrent resolutions and 5 joint resolutions 1968 special session; Colorado: May 9-27, 1969; Delaware: subject to call of chair: Georgia: Jan. 24-Feb. 10. 1969; - 349 simple and concurrent resolutions and 26 joint resolutions regular 1969 session. Joint Hawaii: Jan. 17-Feb. 19, 1969; Illinois: March 4-July 15. 1968; July 25-Jan. 8. 1969; April 4- resolutions are proiwsed constitutional amendments. 14, 1969, June 30-Oct. 14, 1969; Senate, Oct. 23-March 31, 1970; House. Oct. 23-April 1, (s> includes 193 simple and current resolutions and 49 joint resolutions regular 1968 session; 1970; Michigan: June 7-27, 1968; June 27-Iuly 23, 1968; April 3-14. 1969, July 18-Oct. S. 156 simple and concurrent resolutions 1968 special session; 183 simple and concurrent resolu- 1969, Nov. 13-Dec. 2, 1969; Senate. Oct. 13-21. 1969: House. Oct. 9-21, 1969; Missouri: .lions^and 1 joint resolutions regular 1969 session. April i-\k. 1969; New Jersey: Feb. 13-March 10, 1968; June 24-N6v. IS. 1968: Feb. 17- (tE Includes 128 resolutions 1968 session: 103 resolutions 1969 session. March 10. 1969; Assembly recessed May 20-Aug. 5. 1969; Aug. 5-Nov. 17. 1969; Senate, (u) ^Includes 31 joint resolutions 1968 session;'75 joint resolutions 1969 session. .' May 20-Aug. 6, 1969; Aug. 6-Nov. 17, 1969; Ohio: Sept; 11-Jan. 13, 1970; Pennsylvania: (v) Includes 2 local acta and 4 joint/resolutions. April 3-29. 1968; subject to call of chair July 30-Sept. 8, 1969; Rhode Island: subject to call (w) Includes 8 resolutions. / of chair; Wisconsin: April 2^15; 1969; Aug. 22-Oct. 7, 1969; Nov. 15-Jan. 5. 1970. - (z) Inpludcs 74 resolutions in regular session; 6 resolutions in first special session; 1 resolution 'e) Includes 592 resolutions. In second special session; 1 resolution in third special session. I) Includes .423 resolutions, 8 acts repassed over Governor's veto. 21 additional acts (y) Includes 7 resolutions in regular session; I resolution in first special session. vetoed. I . ' • * , (z) Includes 31 Constitutional Amendment Concurrent Resolutions; 23 other concurrent . (g) Includes{12 resolutions first session; 9 resolutions, second session. resolutions. (h) Includes 12 resolutions first session; second session 9 resolutions and 8 acts repassed (aa) Includes 17S re^lutions 1968 session; 240 resolutions 1969 session. r-Xrovemor.'-a veto.' i ' '-, f^' • (ab) Includes 59 resolutions 1968 session; 76 resolutions 1969 cc^on. « i) Scn^ only, confirmations. (ac) Includes 159 concurrent resolutions, 11 resolutions and 3 memorial resolutions, j) Enactments .vetoed. Florida: regular session 20. first special session 7; Kansas: 1968 '(ad) Includes 95 concurrent resolutions; 9 resolutions and 3 memorial resolutions. session 18, 1969 session 7; Kentucky: 74; Lbuisiana: 15*68 regular.session 66, 1968 special
/•^•:- 82 THE B^OK OF THE STATES APPORTIONMENT OF LEGISLATURES* ' ' ' . SENATE
^T Num- Largest Percent of Average Minimum ber ., number:. ...deviation in actual - - popu- . ^..-.percent.'of^.,. 7 ' y^oT of •NutH- •-'of of • • vs. average population lation population Present inost Num bef , multi- seats per seat ' each necessary to appor- recent ber of member in • seat elect majority tionment appor- of dis- districts dis- Greatest (thou- r — ' : > . State . • by • tionment seats tr^icts (a) trict + — Average sands) Present 1962 Alabama.... L 1965 35 26 3 . 7 29 14 8 93 48 25 Alaska...... B : 1968 20 11 2 7 29 13 8 10 SI 35 Arizona (b) C 1966 30 8 5 15 . 7. 16 3 . 43 52 13 i^rkanaas..; B 1965 35 25 6 -5 14 9 .4 51 49 44. Califbmia...... L 1965 40 40 0 .1 13 15 7 393 49 11 Colorado...... L 1967 35 . 35 0 1 •7 6 2 50 50 30 Connecticut...... L , 1965 36 36 0 . 1 23- -19 10 70 48 33 Delaware. . L 1967 19 19. 0 . 1 10 1 6 28 S3 22 Florida..; C 1967 48 17 12 9 : 5 5 2 103 51 12 Georgia...... L 1968 56 38 7 8 13 19 5 70 49 23 Hawaii. Con 1968 26(c) 8 7 4 24 6 5 10(d) SI 23 Idaho.. ...;... L 1966 35 35 0 1 19 15 16 19 47 17
Illinois...... B 1965 58 . 58 0: 1 7 . • 7 3 174 SO .29 Indiana...... L 1965(e) 50 31 8 8 15 15 6 93 \ 49 40 Iowa .\. Con; 1969(f) 50 50 0 1 7 6 3 55 SO 35 Kansas : . C 1968 40 28 4 6 6 .9 3 •57 51 27 Kentucky. L 1963 '38 .38 0 1 51 22 12 80 47 42 Louisiana.: L 1966 39 27 10 3 17 20 6 84 48 33 Maine. ..,...;.... C 1967 32 32 0 1 9 10 4 30 51 47 Maryland..;,..... L 1965 43; 16 14 7 18 ,16 7 72 47 14 Mas^chusetts.... C 1960 40 40 .0 1 8 14 4 63(g) SO 45 Michigan C . 1964 • 38 38, 0 1 1 : 0 0 206 S3 29 Minnesota..'. L 1966 67 67 0 1 25 13 S 51 48 40 Mississippi.... C 1967 52 36 io_ 5 13 11 7 42 49 35 Missouri B 1966 34 34 0 1 -5 .4; 2 127 52 48 Montana . C 1965 55 ^ 31 11 6 17 21 8 12 47 16 Nebraska L 1967 49 0 1 13' 7 4 29 49 37 Nevada L 1965 20 8 2 8 11 21 9 14 50 8 > New Hampshire... L 1965 ; •24 24 1 11 13 . 5 25 52 45. NewXersey Con 1966 40 IS 0' 6 12 14 6 . 152 SO 19 New Mexico.. C 1966 42 42 11 1 29 • 28- 13 23 46 14 New York::...... C 1966 , 57- 57 0 1 9 6 4 285 49 41 0 North Carolina...; L 1966 50 33 14 3 13 15 6 91 49 37 North Dakota. C 1965 49 39 5 4 10 12 5 13 47 32 Ohio Con . 1967 33 33 0 1 9 10 •4 294,. SO 41 Oklahoma..... C , 1964 48 . 48 0 1 28 IS 6 49 49 25 Oregon...... ;,... L 1961 30 19 5 8 25 49 13 59 47 48 Pennsylvania.:... C 1966 50 50 0 1 10 9 4 226 SO 33 Rhode Island L 1966 50 50 0 1 19 12 8 18 SO 18 South Carolina. .:. L 1968 46 20 15 -5 13 13 4 52 so 23 South Dakota..... L 1965 35 29 . 3 4 16 17 9 19 47 38 Tennessee... Con 1966 33 33 0 1 16 14 6 108 49 27 Texas ...'... L 1965 31 31 0 1 11 10 4- 309 49 30 16 Utah...... ;..... L • ""Y- - 1 \ .•;. 34 15 , ,32- 48 21 Vermont...... L 1965 30 12 10 6 23 ^23 .9 13 49 •47 Virginia...; .. -L 1964 40 33 5 •4 18 13- 48 .38. Washington...;^... L 1965 49 49 0 1 22 16 6 : 58 48 34 West Virginia./... L 1964 34 '17 17 2 34 31 12 •47 47 Wisconsin....'....' C 1964 33 33 0 1 14 •16 7 \nor 48 45 Wyoming...... \.. C 1965 1 30 17 7 5 36 35 12 :. 11 V* 47 27 •The data for this table .were adapted from Apportionment ; (a) A grouping Of a flotorial district and one or more indi in the. Nineteen Sixties, The National Municipal League, New vidual districts is counted as a multimember district. Flotorial York, New. York and updated by the. Council of .State Gov distsii^ts, are formed by combining two or more distVicts, at' ernments for this edition. least one of which elects its own representative, into a larger Abbrcviatibns: B—Board or CommissionrC—Court; Con— (flotorial) district for the election of one or more additional Constitution; L-^Legislature; N. A;—Not Available.. . representatives. Flotorial districts are used in Nevada, ,New Jersey, Oregon, Tennessee and Virginia. , .: ' • '1 • • ' .
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LEGISLAXURES AND- LEGISLATION 83 APPORTIONMENT OF LEGISLATURES*. HOUSE
• Num Largest Percent of Average • Minimum
Pres Year ber num deviation in actual popu- percent of. .'-•.•.• ent ' of Num of ber vs. average population lation population appor- most ber multi of , per seat • each necessary to . tioh- • recent • t'dumber of member seals seat ' elect majority ment appor of • dis-. districts in Greatest' {thou- , '—J" rr:rv •by tionment seats tricls (a) district + — Average sands') Present 196,2 State C 1965 106 43 25 • 20 23 25 7 31 , 48 26 i Alabama B 1961 40 19 4 14.. 36 40 10 S 48 49 C 1966 , 60 8 8 30 7 16 3 22 51 N.A. .'...... Arizona B 196S - 100 44 27. 13 14 15 6 18 48 33 .. .Arkansas L 1965 80 80 0 1 13 . 14 5 196 49 45 . .California L 1967 65 65 1 13 12 5 .27 54 32 L 1965 177 177 1 38 35' 13 14 . 44 12 ... Connecticut L 1967 39 39 v,0 . 1 11 1 4 • : 13- 51 19 C 1967 119 .24 •21 22 5 6 . 2 42 50 .12 L 1968- •195 118 47 - 7 25 .24 8 20 43 . 22 Georgia Con 1968 51 25 19 .3 15 16 • 6 5(d) 47 48 Hawaii L 1966 70 42 28 2 32 15 10 10 •, 47 : 33 Idaho B 1965 177 59 59 3 '9 8 3 171 49 40 ...... Illinois L 1965 100 39 25 15 10 47 49 35 ...Indiana Con 1969(0 100 0 1. 7 n 4 .28 49 27 L 1966 125 0 1 11 6 3 49 19 11 11 ^3 18 ....;... Kansas L . 1963 100 100 0 • •' i • • 33 .34 13 . 30 45 34 ..%..• J Kentucky L 1966 105 49 "28 r. 21 17 8 31 47 34 ..;.... Louisiana L 1964 151 114 IS 11 106 • 40 14 6 43 40 L 1965 142 29 20 22. 36 29 6 22 48 25 ...... Maryland L 1967 240 175 \ 56: 3 36 83 ,10 22^ 48 45 . Massachusetts C 1964 110 110 0 • 1 1 " 3 1 • 71- 51 44 L 1966 135 120 15 2 13 . 26 6 25 47 35 Minnesota' C 1967 122 52 .34 10 10 . It / 5 18 48 29 .;.. .Mississippi B 1966 163 163 6 1 9 •10 3 27 49 20 . Missouri C. 1965 104 .38. -.27. 12 : 25 25 .. 6 6 48 37 Montana ...... Nebraska i" 1965 40 16 19 22 , lO 48 "is • ...•.',... Nevada I L .1965 .400 193 116 7. 63 31 9 . 1 46 44 New Hampshire 1969 80 39 39 • 3' • 10 16 10 ^76 48 47 ..... New Jersey c 1965 70 70 0 1 36 38 , 10 14- 46. 27 . .. New Mexico L 1966 150 ISO 0 1 9 10 3 108 49 .33 B L 1966 120. 49 41 • 7. 14 14 7 38 48 27 .North Carolina C 1965 98 39. 39 8 10 12 : 5 6 47 40 .. North Dakota Con 1967 99 99 0 1 -13 13 .6 98 47 30 ...... Ohio c 1964 99- 99 • 0 .1 13 11 4 24. 49 .. 3(5 L . 1967 60 32 .15 7 35 36 8 29 48'" U " Oregon C • 1966 203 203 .0 1 16 14 6 56 47 .is .. Pennsylvania L 1966 100 100 0 1 - 19 10 7 . 9 49 47 . . Rhode Island L 1961 124 46 29 11 S3 55 10 , 19 46 .46 .South Carolina
L •-• 1965 75 39 22 - 9 19 14 8 9 47 39 ..Sotith Dakota Con 1966 99 93 13. 3 28 • 16 7 36 47 29 L 1967 150 80 " 18 15 31 30 12" 73 45 . 39 .....;. ...Texas L 1965: 69 69 0 1 7 . 31 -4v 13;. ,48 33 Ufah
L . 1965 ISO 72 .i6 15' 11 14 . 4 • 1(d) 49 12 "Vermont L 1964 100 63 20 9 20 22 8 40 47 37 ...... Virginia L 1965 99 56 -•. /42 3 18 27 7 29 47 . 35 ....Washington L , 1964 100 47 .21: - ~14- 46 .38 10 19 46 40 , .West Virginia C 1964 100 100 0 1 32 44 11 40 . 45 40 .... .Wisconsin' t. 1963 .61 23 12 11 47 43 • 9 5 46 . 36 ... .Wyoming (b) The Legislature wasdirected by court order on July 22, (d)'Average number of registered voters.per seat. ' 1969 to reapportion and redistrict prior to the 1970 elections. (e) A federal court panel reapportioned Jegislative districts (c) Effective Nov. 1970: the 8th Senatorial District will be in Dec. 1969. However, their plan has been appealed to the allocated an additional senator; The two sienators'from this U.S. Supreme Court. district will each be entitled to only H of a vote in the Lexit- . (0 Effective Nov; 1970.^ lature. (g) Average number of legal voters per seat.
M- -V- . •.•-I
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".•'•••' ' •". ',. ' ' • • . . • •
•' • •«• LEGISLATIVE COUNCILS AND COUNCIL-TYPE AGENCIES: ORGANIZATION & MEETINGS* .''••
••••/.. -•.•-.•• • •• • • - • • • • • 1 State requires representation of Meetings
i • -—•' —> Officers required Number of members Selection of members Ccm- elected * ,y : A . gres- ^ by At Repre- Ex. .Ap Ex Term Politi- sional member least t. Year Sen senta- officio pointed officio {no. of ial dis- ship quar On State Agency created ators tives or other Total . (a). (b) Other yrs.) parties tricts Other (c) terly call
-Alabama Legislative Council • , 1945 4 6 18 8(b) 10(d) 4 •Alaska: Legislative Council ^ 1953 . 4 4 10 8 2 2- (e) Arizona Legislative Council 195^ 6 6 12 12 2 (f) • •: Arkansas. Legislative Council 1947 8 16 28 •4(b) 24(g) (h) • "'.'.•• . : i> '•_ •• Colorado;.. Legislative Council 1953 5 6 2 13 ll(i) 2 y (J). ••. • • Connecticut. 1969 2 1 9 12 9(b) Joint Legislative Mgt. Comt. 3(a) •• • (J) (c) (k) Delaware. , Legislative Council 1966 2 2 6 10 4(a) 6(b) (J) :T»r '" ..' (c). • Florida. Joint Legislative Mgt. Comt, 1968 1 .. 5 ; 6 , 1(a) S(b) a) • Georgia. Legislative Services Comt, 1961 .. ' 10 10 10(b) . (1) • Idaho.. Legislative Council 1963- 4 4 6 14 8 6(b) 8(m) (j) • (n) IliinoiB. Legislative Council 1937 8 8 4 20 . 4(b) 2 : • • Indiana. Legislative Council 1967 4 3 9 16 7(a) ' 9(b) (h) • (c) • 00 lo'^a ... Legislative Council 1969 5 5 6 16 io 6(b) 2 ,.'..•.• . (0) >;>. Kansas. Legislative. Council . ' 1933 10 15 2 27 2 (c) • '.•• • Kentucky Legislative Resealrch Comm.' 1948 .. .14 14. 25 (i) , '14(b) (1). • . .. . (c) *• Legislative Council 1952 8 8 '2 18 4 •• (n) Louisiana.'. V.... 2'i *• 16 • Maine.;] : !.. , Legislative Resesirch Comt, > 1939 7 10 2 19 .17 2 ' * ' 2 • Marylaind..'..... J Legislative Couhcil 1939 10 11 9 30 21(i) 9(b) (h) (f) (c) • Massachusetts.. Legislative Res.earch-Coilhcil 1954 • 4 , 8 ' ..• - 12 12 (j) • (c) • Michigan.. . Legislative Cdiincil 1965 6' 6 2 •14 12(a) •2(b) (j) • ."^ . ..'• , •• .. Missouri;. ..,•.... , Comt. on Legis. Research 1943 10 10 20 • 20(a) . (i) •,••••'••• •••.• • . Montanai...... 'Legislative Council 1957 6 6 , 12 • .12(a) (p) • (0) Nebraska ,.. LegislativC'Council 1937 .49 (Unicameral) . 49 . 49(q) (q) (r) Nevada.'.; " Legislative. Com'mission :' . 1945 6 6 . . .. •i- 12 12(d) 2 New Hampshire. Legislative Study Comt. " 1969 2 9 4 ' .1- IS'' 11 • . ,4(b) • (j) (8) ;. • * New Jersey , L^w Revis. & Legis. Serv. 1954 6 6 .. " 12 12 , , (j) * • I Comm. • 9- New Mexico. .... 'Legislative Council 1951 i 5 6 2 13 11(a) 2(b) 2,-. , • • .. • . • North Carolina . .Legislative Research Conim. • 1965 . . f 5 2 12 10(a) 2(b) (h) .* North Dakota. . . Legislative Council 1969 5 5 5 15 10(a) 5(b) (j) • • • •. • Ohio... .:.. Legislative Service Comm. , 1953 6 6 2 .r4 12(a) 2(b) (j) • • ' Oklahoma State Legislative Council 1939 48 99 ' .. 147 i47(q) . (q) . (c) (ty (t) Penn>>ylvahia,... Joint State'Govt. Comm.' 1937 50 203 253 253(q). (tl) .. :. • (c) (u)
Rhode Island...\ Legislative Council 1939 3 -4 7 • '. 7. 2 • • South Carolina.. Legislative Council 1949 . .. 5 5- •5(b) (1) (v) South Dakota... Legislative Research Council 1951 . 35 75 .: 110 iio(q) (q) .. (c) • (w) (w) Tennessee Legislative Council Comt. 1953 8 14 2 24 .22 "2 (j) (x) •: • . •/••.:•
Texas. Legislative Council 1949 •' .5 • 10 •2'-: 17 IS 2 (h) (c) Utah.. Legislative Council 1947 8 8 • * 16. 16(a) , , • 2 • • • Vermoni: Legislative Council 1965 7 7 2 16 14(i) 2 2 • • Vlralnla Advisory Legislative Council 19.36 S 9 14 14 ••, (h) • -/. • Washington. State Legislative Council . 1947 14 15 2 31 , 29(i).. 2(b) (J) • •, • Wisconsin... Joint Legislative Council 1947 3 5 • 11 19 8(a) ; 11 (b) 2 • Wyoming, j. Legislative Council (y) 1961 . 8 8 2 18 16 ,<• 2 (j) (e)
•This'table includes agencies in Connecticut and Florida, in which legislative councils have Michigan: Majority Leader of each house. been abolished and replaced by legislative management agencies having among their duties . New Hampshire: Priaident or Majority Leader; Speaker or Majority Leader; Minority the provision of research staff to other committees. Other States have also established legisla-. Leader of each house. tive management committees which may have similar responaibilities, but are not included New Mexico, North Carolina, Ohio, Washington: President Pro Tem; Speaker. In here; for example: North Carolina and CJregon. See description, pages 59-60. North Carolina, Seriate President, • (a) Apbolutmenta to Council are made by President of Senate and Speaker of House for if elected by Senatel serves in lieu their respective houses unless otherwise noted as follows: ', • • . of President Pro Tem. Cotinecticut: By President Pro Tem. (one); Minority Leader of each house '(one North Dakota: Speaker; Majority and Minority Leaders of each house. ^ Assistant Minority Leader each). South Carolina: President; Speaker; Secretary of State; Chairman of Judiciary Delaware: By President Pro Tem; Speaker; Minority Leader of each house. Committee of each house.. . . Florida: By Chairman of Senate Committee on- Rules and Calendar, one member of Wisconsin: Members of Joint Committee on Legislative Organization'(President Pro I : that Committee. Tem, Speaker, Majority and Minority Leaders of each house); Speaker Indiana: By President Pro Tem (three); Speaker (two); Minority Leader of "each Pro Tem; Chairman and ranking minority member-from each house of 1, house (one each). • x' f • Joint Committee on Finance. Michisan: In the same manner as standing Committees arc appointed, for Senate; i(c) Officers of'the Council are elected by its members unless otherwise noted as follows: j Speaker. . Connecticut, North Carolina: President Pro Tem and Speaker are Co-Chairmen. Mi'ssburi.NorthCarolina, Ohio: By President Pro Tem; Speaker. In North Carolina, Delaware; Indiana, Oklahoma: President Pro Tem and Speaker alternate a»^hatrman ^- Senate President, if elected by.'Senate, makes and 'Vice Chairman.- * •'• • • appointments. Georgia: Speaker is Chairman; Secretary of Senate is Secretary. Montana, New Mexico, Wisconsin: By Senate Committee on Committees; Speaker. Kentucky: President is Chairman. In Wisconsin Senate members must be Iconfirmed Kansas, Maryland, Texas: President is Chairman; Speaker is Vice Chairman. 00. •' .. by Senate. i Massachusetts: Chairman appointed by Senate President; 'Vice Chairman appointed North Dakota: From lists of members recommended by each political factibn. by Speakers .'••.: Utah: Each party caucus in each house recommends.lTour. Number must include' Pennsylvania, South Dakota: Chairman chosen by executive body. •President of Senate and Speaker of House, and if either-chooses not to serve he (d) Electrf by respective houses. appoints a member from his house. • (e) Meets promptly after appointment and on <;all.thereafter. . (b) Ex officio members of Coiincil arc President of Senate ancl^^peaker of House for their (f) Appointees represent all sections of the State. . .( respective houses unless otherwise noted as follows: -,.•"••«' (K) Six Senators and twelve Representatives elected by congressional district caucuses in Alabama: President; President Pro Tem; Speaker; Speaker Pto Tem; Chairman of . their respective houses; two Senators and four Representatives chosen at large by entire ,. . Sen!ate Finance and Taxation Committee; Chairman;of House Ways and membership of their respective houses. Mean's Committee; Chairman of Judiciary Coirfmitteeiof each house. (h) Members serve until next regular session of Legislature. -^^ . Arkansas: President Pro Tem; Speaker; Chairman arid Vice'Chairman of Joint (i) Appointriients subject to approval by respective houses. Legislative Audit Committee. (j) Members serve for term'of office in Legislature and/or tintil silccessor is apixiinted. Connecticut: President Pro Tem; Speaker; Deputy Speaker; Majority and Minority (k) Moiithly. ; Leaders of each house; Deputy Majority Leader of each house. (I) ^'AU Council men\bers are ex officio and serve for term'of-.o65ce which entitles them to Delaware, Idaho,'Io\fa: President Pro Tem; Si>eaker; Majority and Minority Leaders Council membership. , .. j of each bouse. In Delaware, Governor or his delegate and (m) Selectnl by each'political party in each house. . y , • • I Director of Research are ex officio rnembers sans vote. In (n) At least three times a year. -''' j Iowa, the Lieutenant Governor is ex officio member saris vote. (o) Meetings arranged by members. ' " " • ' .• '.• Iflbrlda: Chairman of Committee on Rules and Calendar of each house; Chairman of (p) Members serve for term of office in Legislature or until December 31 of year following . Comrnittee on Administration of each house; Minority Leader of each house. year of appointment, whichever occurs first. i . Georgia: President; Speaker; Secretary of Senate; Clerk of House; Chairman., of (q) All members of Legislature are members of Council and serve for period pf their term Appropriations Committee of each house; Cliairman of Senate Bahkini; and . in the Legislature. Finance Committee; Chairman of House,. Ways-and Means Committee; (r) Full Council must meet at least once each biennium and may meet other times on call Chairman of Judiciary Cominittee of each house. of Chairman. Illinois: President Pro Tem; Speaker; Minority Leader of each house. (s) In House., . • • ' • Indiana: President Pro Tem; Speaker^ MajoriCy l,eader of each house; Minority (t) Executive Committee must hold organizational meeting by April 15 in odd-numbered • Leader of each house; Majority and Minority Caucus Chairmen of each years; subsequent regular meetings are held in June, September, November and December, house. President of Senate also may serve ex officio sans vote. each year; special meetings may be called by Chairman and Vice Chairman. Kentucky: President; President Pro Tem; Speaker; Speaker Pro Tem; Majority and (u) Executive Committee must hold organizational meeting within thirty days after Gen Minority.Leaders of each house; Majority and Minority Caucus Chairmen, eral Assembly convenes in odd-numbered years; subsequent meetings are on call'of Chairman, of each house; Majority Party Whip of Senate,and Minority Party Whip (v) Meets three times during interim; on call of Chairman or majority of members during ' of House. •• • r '. f"^ ...^^ .---^ sessions. . L Maryland: President; Speaker; Minority Floor Leader of^^each house; Chairman of (w) Executive Board meets quarterly. Senate Finance Committee; Chairman of House Wayr-atui Means Coni- (x) . Membership divided fequally among the three grand divisions of the State, ; ' • mittee; Chairman of Senate Judicial .Proccc
i:^/ J
PERMANENT LEGISLATIVE SERVICE AGENCIES
Legal Pre- Recom- Continuous . ' ^' Refer- Bill coun- 'pares. -^ mends,, study of Budg- Leg- Date ence . drafting seling 'bill sub'stan- Pre- state reve etary isla- • agency library ' jof Statu- ' for and live legisrpares^. nues and • review • live State or estab- • facili- '. Zigij- , tory; legis- law sum- lative research Spot expendi and' post other jurisdiction liihed Service agency ties lalure revision lators tnaries program reports research tures analysis audit
~) • Alabama 1945 Legislative Council • • ,. — 1945 "Legislative Reference Service ' •. • •—: 1947 Legislative Committee on Public Accounts • 1947 ^Department of Examiners of Public Accounts • 1967 Slate Law Institute
• • • \ Alaska .1953 . Legislative Council . • ..• ^— . —. .. " —. • • • ;. 1953 "Legislative Affairs Agency • •*•• • • . • ..•••..• • •.•-•- • ,-. 1955 Legislative Audit Committee'' , . -^ . „ •— •. - • .—>',. — • — •. • 1955 iDiviyfon of Legislative Audit •...— . "V .. — .-. —r *
\ • • ••- — • Arizona., ^ v 1953 Legislative Council • • ••*.•• • •::• -. — - .— 1937 Department of Library and Archives • • -1^ ' - " • ^— . —•' - ' —~» »~' .^— '— 1966 'Joint Legislative'Budgel Committee ''*' •••• • • .. .> , ;.'.• Arkanans.;...... 1947 Legislative Council- •-••* •' 1947 "Bureau of Legislative Research ••' • til 1953 Legislative Joint AuditingCopimitlee — • _ —. — ?' •— —. —r- • \Division of Legislative Awdit . -T, —•• • "— 1953 •^ . •-,""•- • ._ . •
• •. • ;— __ California.. 49J3 Legislative Counsel Bureau ; ' • • *•"' • 1904 Administrative-legislative Reference Service —, ^ ——. . . *• • —— — ~~~ ^ , (Slate Library) • 1941 Joint Legislative Budget.Committee • ••••• -^ • • .'• • 1953 . •Law Revision Commission • , • • .' •'
—.• •—-. 1955 •Joint Legislative Audit Committee . —.. • —• • — • • 1955 \Legislative Audit Bureau —^ • — : » — _ — • 1967(b) Office of Research : * •••"•• ; — —'• '' (Assembly. Rules Committee) ' . ' •*.'•-
J '• •• .'"•••••.- ,' ... Ck>lorado...... 4953. Legislative Council . .' — • • . •'.• • — — ., —'. - • . • • 1969(b) Committee on I^gal Services —^ • —. —-L--'; . _«. ..» — — 1968(b) Legislative Drafting Office • • , ••-• — - • •• - —. "•.—•• : • (Committee on Legal Services) 1956 Joint Budget. Cdmrhiltee 1965 Legislative, Audit.Committee • . Connecticut . 1969(b) Joint Legislative Management Committee o J '.'• 1969 "Of/ice of Policy Researchi T. .. .— • ••-•• •: • • •. . —,_. —, ••'•*• ,- • * "Office ofFisial Research 1969 .••*'•.
•. ••, : . ' ' ' • .' '• ' — . . 1947 Legislative Research Department •:•.• ••, • • •^ - ^ • 1907 Legislative Reference Unit (State. Library) • , — • • ••— — — — —. •--*• • • •.— •—'• Z^ . •~— Auditors of Public Accounts • •• — • — • . .;—• •. 1902 — —. ^ — "— _ —- : *
Delawarje....;.'.. 1966(b) Legislative Council ,•..•• —r •— ! , -^ • '•. • ••*'.• . • .••'•*••• :. • • . Florida 1968(b) • Joint Legislative if anagement Committer „ . —i .' • - • t • • " ^_ — . 1949 "Legislative Service Bureau ' ••• • • "' "•. • ••' • - -""i • • • •". 1968 "Fiscal Ac<^ounlirtg Division (c) ' 1969 "Legislative Data-Processing Division (c) 1969 "Legislative Purchasing Division (c)- p 1969(b) Legislative Drafting and Statutory Revision , — 'k ,••• - .: — Service (Legislative Service Bureau) 1967 Legislative Auditing Comniittee ' • •'^— '; •- •— •'• . ••;)- -. • r Senate Ways and Means'Committee — — • House Appropriations Committee — "-—• • 1967 Law Revision CotijifKtssion .' — —-l Georjtla...... 1961(b) Legislative Services Committee . — —• 1959 *Office of Legislative Counsel. -k , if. • , . ^ 1914(dj Slate Library : 'k •— •' . •• — 1923 Department of Audits and. Accounts • . — —
Guam...... 1969 Legislative. Research Bureau k "k •'•• • —. 1950 Legislative Counsel to the Legislature k. k • •. - — 1957 Legislative Fiscal Analyst. — —'• • • * •*r\ Hawah...... 1943 Legislative Reference Bureau ' k ''k. — •' ' —.: . k 1959 Revisor.of. Statutes —,'•.'• — k , ': — 1959 Legislative Auditor . "' —'• '• ^—• k •'•"•:. /•• • •... : Idaho ...... 1963 Legislative Council, k- "Ar 1967 Legislative Budget aiid Fiscal Committee . — ' -r- — .'. k ••,.•• (Legislative Council) lUInols...... 1937 Legislative Council • — -. — k 1913 . Legislative Reference Bureau^ ' i-^- k •^ ••.••. k •1937 Budgetary Commission — — • 1957 J.^gislative Audit Commission • r— • — • (e) • (e) 1966 . Legislative Research Unit (State.Library) . ."• k- • • — k .- — rri Indiana... i 1967(b) Legislative Council . '' k :• "A" k k • =*.. iS- . ..•• Commission on State Tax and .Financing Pdlicy — .'. —: • k k State Library ', • • kr —^ • ; " Iowa...... 1969(b) Legislative Council — •— 1969(b) ^Legislative Service Bureau , k "A" • 1939 Legislative Reference Bureau a' : - k -— (State Law.Library) . • • . 1951 Budget and Financial Control Committee ' —r —. • 1961 \Officeyof Legislative Fiscal Director — ,' • .Kansas....:...... 1933 Legislative Council ' k "" •• 1909(d) State Library '..•'.• k. • ^ • 1929 Revisgr of Statutes — kc • . Kentucky 1948(b) Legislative Research Commission . t _ k -kc-- 1966 Legislative-Audit Committee ' . . ' <—^ . i— '-. -^ (Legislative Research Commission) • / Louisiana....; 1952 Legislative Council ,• ' • — . ..• • 'k- 1946(d) State Library k-' ' •',' —
19.?8 State Law Institute • . — — .*•• 1962 Legislative Budget Committee —^ . ,— • .• 1962 .\Offtce of legislative-Auditor ;— . — • • •" • '• . ' '• • ' Maine. 19.S9 Legislative Research Committee — k • • 1917 Legislative Reference Section (State Library) k T- • • 1907 Departmeht of Audit • -^ • —- • Maryland 1939 Legislative Council .. . •' •• -^ ; . r^ 1966(b) "'Department of Legislative Reference :•. k ••' k' •*•/- i968(b) Department of Fiscal Services. , —• •,;—' • State Library ; .•'}." k . • -—'
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PERWNENT LEGISLATIVE ICE AGENCIES-Continued
: Legal Pre Recom Continuous ' Refer- Bill coun pares mends ; study of Budg- . Leg- • Date : ence drafting seling. , 6.7/ substan • Pre ,)• • state reve-' etary isla- agency library for Statu -for- and tive legis pares nues arid .review • tive Sidle or estab facilir Legis tory legis- law sum lative research Spot expendi- and .post ' other jurisdiction lished Service agency^ Hies lature revision . lators maries program reports research ': tures analysis audit
Massachusetts... 1954 Legislative Research Council ". • — • 1954 * legislative Research Bureau . —- ^. P 1908 I.egislative Reference Division (State Library)'. - ic ^ • i... Senate Counsel — • • • .... House Counsel • . — • • 1946(f)' House Ways and Means Committee . — • • .... Senate Ways and Means Committee —'• • • Michigan...... 1965 Legislative Council —.. 1941 '^ ^Legislative Service. Bureau \ -k • 1965 Law Revision Commission — • 1965 Legislative Auditor General „ ' . —^ • • 1965(f) Senate Appropriations Committee ; - —- • 1965 ^Legislative Fiscal Agency -^ • • : Minnesota. 1968 ; Legislative Reference Library. ^ .. "A" .... House Resedrik'Qepartment — {House Rjnii's Committee) . .... Senate Counsel!" {Senate Rules Committee) : •— >^ 00 .... \. State Law,Library • . •*: • oo 1939 Reviser of Statutes ;;.•.. —' • 1964(f) Senate Finance Committee . . — .• • . 1964(f) Hcuse Appropriations Committee — • Mississippi.^ .-. . . • Stale Library if 1944 Revisor of Statutes {Department of Justice) •— • • .1955 Commission of Budget and Accounting — • ' 'v * .•'.•' .•....••.. . . , _ . Missouri...... i.943 Committee on. legislative Research • "k • .1965 Committee on State Fiscal Affairs • -— Montana.... 1957 ' Legislative Council ;. ' . •*• • 1967 legislative Audit Committee — ' \^tl -Legislative Fiscal Review Committee •'.—.' Nebraska 1937 Legislative Council ic • • • • Nevada...... 1945 Legislative Commission -^ .• 1945 * Legislative Cou^el Bureau :'• ic • • • ;..-. State Library JP • ..- .. . ir 'S?- New Hampshli-fi. • I96'){h) • Legislative Study Committee —;- • 1963 Office of Legislative Services .•* .— ;.•. • • • ? 1913 . Legislative Service {State Library) . . •*• 1947 legislative Budget Assistant • •' —•• • New Jersey...... 1954 Law Revision b" Legislative Services Commission — • • 19.54 • Legislative Budget and Finance Director, .^ - ;— • 1945 Law and Legislative Reference Bureau ic • ^ . {Division of the-State Library) ' 1933 : Department of Stale Auditor'^ ' — — •••\* New Mexico. 1951 Legislative Council — 1951 *Legishlive Council Service ' • ••;k' 1957 Legislative. Finance Committee^ -^
New York... 1954 Office of Legislative Resear'chig) '} t •• n' _.-l —• ' — " • — • • -' •. '• • '.'. , — • ; _ 1891 • Legislative Reference'Library (Stale Library) , •. -^•- '— — • • • —. • •. • • —- • •— 1901 •. Legislative Bill Drafting Commission —• . .-,•,^; - •:•••> ^— •• — —• • • -;- , '•.' ' —. '— • '*•/ .*•. 1934 Law R^ision Commission • •....*'. ~~~ _^ , — "—* . .1915 Legislative Library •'z . '•• - • • ~ •*••"••. ••. •'••• 1969 Legislative Commission on Expenditure Review • • • — .•••-. • " •.•.—' 1969 Central Staff Off ice , • '•• '— ' . —• '-•'^ - .— -^ • —
North Carbllha. 1965(b) Legislative Research Commission • • __ 1 •" .; . , ,; * .. ' .•. ' ..•'•, '••• .* " .1969 Legislative Services Commission •• — • — • • • ' —. — .••• • • •• • —' 1945 General Statutes Commission •,—T •• •~~ •• ' ' — ' •^— .«. —. - • (Department of Justice) • ; • ., • '
1939 Divisiaa of legislative Drafting b" Codification • — •, • • _ " — V . ,—;.- .," • — •' • — •'.— • , " '. •: .,• . •'*-. of/Statutes (Department of Justice)
. ' • . •• . • _ ; • 1947 Revisor of Statutes (^Department of Justice) — —' •••;•• -• .0^ ' W. - ", ,• —. . —' .... State'Library • ;—' — ^. , J - — . • • . • • -. ;— • . 1931 Institute of Government, University • •••', • • • •• , — '—: .. •„• ; •,*..'•• • . • of North Carolina .'• •' : * North Dakota. 196i9(b) Legislative Council •.• '. ••*•.• . •*-. '•',.• "• .-. • • .,.• •• •.••*••-'•
-• • 1963' Legislative Audit and Fiscal Review Committee •.' •""'• *^ —., ~T"- F . ••.- ~ — —- •
Ohio...... 1953(b) Legislative Service Commission -••••.••'. . •,••-*••• ' . • .', - •-•• • •• • '• 'A^ •• • .• •* "• . ri— ' '• — 1910 Legislative Reference Bureau '.' • • •., ••. • —. .' •.•.• . "•!*•• -^ •
• - • ' •" .. ••'—^ ,». -i_ — 00 Oklahoma.... 1939(b) Legislative Council, •"'••; •
__ •" • .:-' • . W-'''; 1969(b) Division of FiscaVServicesXlegislalive Council) ,• — to — -:k • .' ;•;••>.• •••• . • "• _^ . • • 1969(b) Division of.Legdl^Services (legislative Council) — * •; - • ,• — t— •—- - — . —:. 1969(b) Legislative Reference Division • ' ' '• —-• ••,,••,. — . —T* • (Department of Libraries) . . \ •. > "- -,
• ". Oregon. 1969(b) Joint Committee on Rules b" Resolutions — • • • ' k'^'^'' •' .'.••; •*• . • — • — . ; • ^'- •'" • • \<)\3(d) Slate Library . • • •, -—. —. . •r-' . — . • — • T7- T- 1959, . Legislative Fiscal Committee —: —• ". .' —.- '—:•'' -•.• • ; • • . • • -i .' ".*'., • ; • Pennsylvania... . 1937 Joint State Government Corhmission • "•'— , .'• —-• :' V • T»r ,.;. • • • — ——- legislative Reference Bureau T . -r- — • . • — 1909 • • • — • ".^- ,• ,• • •.• — — — • • . —: • ". — 1959 legislative Budget and FinanSe Committee •'— .• _ •.-• ,• ^ • •.• *. •• • , 1874 ilouse Majority Appropriations Committee • • — .— — • •'"-"'. • .' • —• ... • • • . • • House, Minority Appropriations Committee ' —'• •'— •—• —; • 1966 • :-^- . •• •• .•,, • • • • _— ', . • — • Senate Majority Appropriations Committee ••••*•.• 1883 •• •••;••• — -. . •'— '•-• • • • • • •—^" •. - 1966 Senate Minority Appropriations Committee .- • . • ^-r\ - •'" — •' • —,; — . •'•• '•• • • • .• • Puerto Rico...; . 1954 Office of Legislative Services, Vkr •1950 Commission for the Codification of the Tuiws — • :-— 1954 Joint legislative.Committee on Reports^^, -^. from the Controller A'--* .'•..' 1952 ]Office of the Controller :*' " —- Rhode Island... 19.39(b) Legislative Council . * —/ •.',• 1907 , Legislative Reference Bureau (State Library) . ic • . . . : . Assistant in Charge of Law Revision — • .'••••••• • ( aOffice of Secretary of State) . - 1939, Finance Cornmittee of House of Representatives .— South Carolina. 1949 legislative Council 1954 Code Commissioner. 1 . •••W} ff
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PERMANENT- LEGISLATIVE SERVICE AGENCIES—Concluded
? • :• Legal Pre- Recom- ~ • .Continuous I- Refer-. Bill coun . pares mends '~ study of Budr Leg-, Date ence ' drafting seling bill substan- Pre- state reve- getary isla- agency library for Stalu- . for and live legis- pares nues and review tive . Slate or estab- • facili- Legis- tory legis law sum- • lative research Spot' expendi- • and post other jurisdiction lished Service agency ties lature revision lators mdries program' reports research ' ttires analysis • audit
South Dakota. 1951 legislative Research Council ' ''•'•k'' ir 1951 Revisor of Statutes . . \^-. -k •'•/ir. k 1943 . Department of Audits and Accounts: .'-^ "~. ' —• Tennessee. 1953 Legislative Council Committee -'ir k • ' •'•^— .... State Library and Archives • "k. -r \ ' . — 1953 Code Commission — '— .'' k 1835 Department.of Audit . ' , "~ —- .:— k k 1967 Fiscal Review Committee . • .• — T— ' — • k : • ,— Texas...... -. . 1949 Legislative Council • •• . — ' • k k- • 1969(b) Legislative Reference Library . • ' , k k' — 1949 Legislative Budget Board —. k •—^ • .•(a) - 1943 Legislative Audit Comtnittee r — ~' — -^ •
Utah. . 1947 Legislative Council — .— ' . — ..• • •"•• •.-•• ••••• 1966 Joint Budget attd Audit Committee . ' — — — 1966 Joint Legal Services Commiliee (h) . '•— • . . ' • ,k.'^'-: k State Library' ' . k ••• •—' — . Vermont/i! . 1965 Legislative Council ' ' k ' ' k- ]-. .— • _J957 Statutory Revision Commission ' •. -— — k VIrftinl|X(....;. . 1936 Advisory Legislative Council \ ''•— — —^ • • 1914 *Division of Statutory Research and Drafting •:''k'' • '' k "^ • • 1948 Code Commission — — k • 1928 General Assembly Auditing Committee . -— •—' -^ 1928 fAuditor of Public Accounts "• '•' — •— — Virgin Islands... ..,...' Legislative Counsel •- • '..:'•'••• k •.'• \ k .•' '— • Washlngt:on...... 1947 legislative Council k', k".: -rr • 1853 State Library if : — —: 1951 Legislative Budget Committee. • " -r- — -. — k . • • . • "^ 1951 Statute Law Committee , :— , . k. .'"• k
•••'." •- ••' • ' • '..•'." West Vh-ftlnla. ... . 1947 Joint Committee on'Government and Finance (\y ,—^ — '•— • . 1953 Legislative Auditor (Joint. Committee' ic — .— • • • on Government and Finance). .^ 1965 Office of Legislative Services {Joint Committee — '^z''^-' 'k on Government, and Finance)
^ .• Wisconsin . 1947 Joint Legislative Council •. —? :. -^ —; 1963(b) Legislative Reference Bureau k k — • •.••• •-.•.— . . .— 1967(b) Revisor of Statutes Bureau —. — ;k 1966 Legislative Audit Bureau — — — 1^68^^ Legislative Fiscal Bureau • — .•"^—'. — • • V Wyoniinft...... 1961(b) Legislative Council j . .... State Library , ' . ' k r •• r— •'•. '•—- 1959 , Statutes Revision Commission . . ' — •— k •^ 'v/.
^.
^, •Agency whicli provides staflf'services for legislative council or othpr central research Committee created in 1945. name chang^ to Legislative Council in 1969. OAio.- Program agency, by statute given a diiTerent name, in thirteen States. Commission created in 1943, replaced by Legislative Service Commission in 1953. Oklahoma: tAgency, which provides staff services for legislative fiscal review or audit committee, in- Legislative Council created in 1939. but not activated until 1947; Legislative Audit Committee eight States and Puerto Kico. ' /. . • of Legislative Council created in 1951, replaced by Division .of Fiscal Services in 1969; Division (a] Alsd responsible for preparing a state budget. of Bill Drafting and Statutory Revision of Legislative Council created in 1965, replaced by (b) Ca/«/ornio; Assembly Legislative Reference Service created in-1961, combined with • Division of Legal Services In 1969; Governmental Services Branch in State Library created, Chief Consiiltant's Office to forrn Assembly Office of Research in 196T. Colorado: Committee in 1917, became Legislative Reference Division of Department of Libraries in 1969. Oregon: on Statute.Revision created inl9Sl and Committee on Lcglalative Drafting created in 1968, Legislative Counsel Committee created in 1953, replaced by Joint Cbmmitteeon Rules and combined into Committee on Legal Services in 1969. Connecticut: Legislative Council created Resolutions in. 1969. 7?Ao(i« Island: Legislative Council created in, 1939 but not activated until. inJ1937, replaced by Joint Legislative .Management Committee in 1969. Delaware: Legislative 1959. Texas': Legislative Reference Division of State Lib'rary created in 1909, functions trans-. Reference Bureau created in 194S, functions taken over by Legislative Council (created 1966) ' ferred to Legislative Reference Library as a separate agency in 1909. Wisconsin: Legislative . in 1969. Florida: Legislative Council and Legislative Reference Bureau (staff agency) created Reference Library created In 1901, name changed' to Legislative Reference. Bureau In 1963; . in 1949, Council replaced by Joint Legislative Management Committee in 1968, staff agency Revisor of Statutes created in 1909, name changed to Statutory Revision Bureau in 1963; \ ^ . - - - to name chatiged to Legislative Service Bureau in 1969; Statutory Revision Department created name changed to Revisor of Statutes Bureau in 1967. Wyom»«£.",.Lcgi8lalive Research"Com- in 1943 in Office of Attorney General/placed under Legislature as part of Legislative Reference mittee created in 1959, replaced by Legislative Gounril inl961, but inactive since,1963. Bureau in 1968, name changed to Legislative Drafting arid.Statutory Revision Service in 1969." (c) Agency handles administrative rather than research and.service functions. Georjja.; Joint Committee on Operations of the General Assembly created in 1959. replaced by Legislative Services Committee In 1961. /ntfiana; Legislative Advisory Commission cre (d) Year, legislative reference services were first prpvided within existing library agency, ated in 1945, replaced by Legislative Council In 1967. /ou)a; LegislaliveKesearch Committee (c) Illinois also createdln 1957 the Department of Audita administer«l by an'Aiiclitor and Legislative Research Bureau (staff agency) created in 1955, names changed to Legislative General appointed by the Governor and^ chorged with, post-audit duties. The Legislative > . Council and L.egiiilative Service Bureau in 1.969. Kentucky: Legislative Council created in Audit Commission sets policies for the-Auditor General, conducts a post audit of his office, 1936, replaced.by Legislative Research CommlsBion in 1948. Maryland: Department of and has broad tmwer to make fiscal review studies for the Legislature. legislative Reference established as a department of the government of the City of Baltimore ' (f) Year in which full-time staff .was organized. .. in 1907, functions expanded to include services to the State legislature in 1916, placed under (g) Established jointly by the Speaker of the House and the President Pro Tern of the inrisdiction of the legislative branch of state government lii 1965, established as a state agenc^ Senate and does research under their direction, . . in 1966; State Kiscal Research Bureau created in 1947, functions incorporated into Depar}.- . (h) Court decision has been construed to hold that Office of Legal Advisor to the Legislature mentof Fiscal Services in J968. Nrw Hampshire: LcgislativeCouiicilcrcated in 1951, replaced undeV the committee is unconstitutional, but committee may perform other services at by legislative Study Committee in 1969. North Carolina: Lcgislative.Council created in 1963, •indicated. • ' • • replaced by legislative Research Commission in 1965. North Dakota: Legislative Research (i) Carries on interim research program in conjunction with Commission.on Interstate Cooperation. •• ' i : I- '•
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^•£.- 2 K Legislatiori
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TRENDS IN STATE LEGISLATION, 1968-1969
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T I iHREE , BRQAD TRENDS dominated cial sessions. Only Kentucky among the I state legislative activity during 1968 fifty States did not have a legisFative ses . -^ and 1969. One was a movement to sion of some kind in 1969: , . - ward governmiental reorganization, both Many chapters elsewhere in this • .in_terms of constitutional revisipnand a volume, which deal with specific subject modernization of the executive, judicial areas, include treatment of legislative and legislative branches. The second measures enicted in those fields. This fol trend.was the growing interest in subject lowing pages present a few examples and areas that had , taken on new' meaning, point to some of the overall trends of the in the 1960s, such as' poUution control, legislation during the biennium.'.: . law enforcement; drug control, divorce and abortion reform and the continued FINANCE changes in education, health, and wel- Legislation dealing with ta>ces and the •fa:re. •'.-•• budget is'usually a major part of the , Mixed with these two trends was a activity of any regular legislative session. third—the financial strain caused by pres But revenue-raising has rarely reached sure for increases in established state the tempo it maintained during 1968 and services, a pressure that had been mount 1969. Only a few Strites did not ra:ise ta.^es ing yearly since the end of World War II. in some way during the period, and in Coijnbined with; a national inflation of 5 most States the increases^ were, substarr-
to 6 percent in .each of the. past two years, •tiai.',,' .. • .. .•;•.•,•••..;••••.• [ '•• • this growth in government services Several States which hacl been hold- placed an exceptionally heavy" burden oiits against either the income or sales on state budgets. Record outlays we^e ap tax had to adopt those taxes. Illinois and proved by "most Legislatures and tax Maine adopted income taxes and Vei:- increases were widespread. Many Legis mont adopted a sales tax. In Washington, latures which had levied substantial tax the Legislature approved a constitu-;_ increases in 1967 and 1968 found it neces tionaLamendment for submission to the sary to make additional increases, in 1969. voters which would allow a state income tax.-: . --. .^.-v--^ LEGISLATIVE SESSIONS ; In all, the Legislatures of nineteen It v\'as a busy two-year period for State States raised income taxes and fourteen " Legislatures. Thirty Legislatures met in State Legislatures raised sales taxes. • regular session in 1968, normally an "off- Many.of the Legislatures found it neces year" for legislative activity. A number sary to raise motor fuel taxes, cigarette of Legislatures also met in special ses taxes or alcoholic beverage taxes. sions. In 1969 forty-seven Legislatures Despite tax increases, the Legislatures met in regular session and two had spe often were hard-pressed to make budgets 92 %
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£EGISLA TUJiES ^AND LEGISL A TION- 93 balance. The rapid rise in medical costs enacting legislation to help create a con caused a reevaluatioh and some revision stitutional convention or by placing con in Medicaid programs, in some States, stitutional amendments on the ballot for Similarly, the increased cost of education Voter action.. The Legislatures in ^Arkan Was partially counteracted by higher col- sas, Hawaii, Illinois, Montana; New lege tuitions, itricter admission standards Mexico, North Dakota, Tennessee and for out-of-state college students, and de Vermont all took action in connection lay in some skates in adopting new pro with establishing constitutional conven grams such aa kindergarten systems. tions. Other States created commissions or Proposals Apr relieving state govern study groups. to consider amendments or ment of soma of its financial burden-^ revisions to state constitutions. through fedeial assumption of welfare In Florida, the Legislature approved costs and fedjfal tax sharing with the the draft of a: new constitution which States—gained considerable backing dur subsequently was ratified by the elector-"^ ing the biennium. But by the end of 1969, ate. The hew constitution changes the no concrete action had beer^ taken by guberriatorial term and succession, legis Congress whica would offer relief to the. lative sessions and membership, reappor State Legislatures in the task of meeting tionment, home rule and financial flexi the costs of state government. bility. ' . ' '
GOVERNMENT REORGANiZATipN . Executive Reorganization Attempts to jmodernize state govern Reorganization of the executive ment ,throughi constitutional revision branch was carried out in a varieity of were widespread during 1968 and 1969, ways. The major efforts were in the , continuing a trend that had been preva direction of reducing the -numbeir and lent through much of^the 1960s. Added proliferation of agencies. In 1969, for in to the' constitutional reform, which re stance, there was a complete restructur quired the cooperation of the electorate, ing of the executive branch in Florida the three branches of government acted and partial rebrgahizSliph in nine other with renewed vigor to reform their own States. A comprehensive reorganization procedures in alvariety of ways. There also was initiated in Massachusetts which seemed to be broad recognition that state created nine cabinet offices. At the oppo government had been slow to initiate in site end of the country, Califdirnia' took ternal reform. Many signs pointed to a action, to set up four overall cabinet change in that atti tude. agencies. Many States, formed brdad functional agencies in such fields as trans Constitutional Re jision. portation, natural resources and social During 1968"*'and 1969 at least!thirty- services to provide better coordination four States took some sort of official ac for state efforts. In the two-year period, tion to effect, gei^eral revision, of their more than half the States made reorgani-. state constitutions zation studies. The trend in proposed amendments The much-discussed office of ombuds- was in the direction of strengthening - man took. on added importance as Ha-. lawmaking bodies by more equitable waii, which earlier had become the first aipportionment, relaxation of the time State to create such an office, activated it limitations on se jsions, and changers in during the biehniura. The ombudsman compensation, powers and procedure. is empowered to investigate citizen com Other amendmerits that affected govern plaints about government administra ment reorganization called for reduction tion and inake recommendations for re- . iri the number or elective officers, execu medial action. .Other States tried the tive integration,/ unified court systems, ombudsman concept or variations of it, more local home rule, and reduetion of such as establishing a similar post injthe'-"" voting requirements.^ Office of the Governor orj cr^tiiig^little 1 _^The Legislatures, naturally, had an state houses where^stafiMmembers hear important role m this activity by either citizen cp.mpl*tint^ . ! .(f-
• k .«'~^
94 THE BOOK OF THE STATES The Governors generally gained new. sions to. consider proposals and prepare powers to administer the state structure. background reports for the next session. An innovative step in this area was "taken in Minnesota where the Legislature gave Court Reorganization the Governor power to transfer functions Modernization of state judicial systems from one department to another without continued. The most extensive reorgani- legislative approval. Ih Rhode Island, zaticSn^occurred in Colorado where new the power to reorganize state agencies intermediate courts of appeals were under procedures similar to those used at created. The State also took over com the federal level was granted to the Gov plete funding of the judicial system. ernor on a temporary basis. He was em Other States with major court changes powered to send his reorganization bill included Idaho, Ohio, Oklahoma, Penn to the Legislature, and if the .meiasure sylvania and Rhode Island.
was not vetoed by either house within ••-,•. f - ' • . thirty days, it would automatically be ' SERVICES ~ .^ come law. The Wyoming Legislature granted the Governor broader powers Education and created a permanent eight member Expenditures for education again were rieorganization commission, of which the largest single iterii in state budgets. four members were to be appointed by But there also were signs tha:t school pop the Governor and two by each house of ulation pressures were easing. For three the Legislature. consecutive years the total enrollment in A trend toward restructuring central public elementary and secondary schools management activities also was evident, has fallen, below the 1 million per year Florida, Illinois, Oregon, Texas and . growth pattern that had been in exis-. Washington were among States adopting tence for the previous fifteen years. , various methods to bring budgeting and . As the general financial pressures oh planning into closer coiordination ip as state government increased, Legislatures sist the Governor. Nearly half the States showed more willingness during this bi- have adopted sortie form of the Hannirig, ennium to provide st'ate aid to try to help Programming, Budgeting System. , keep private and church-related schools in existence. Various types of aid mea Legislative Reorganization sures were approved, including school Legislative modernization included a bus transportation, grants for textbooks, movement toward annual sessiqns, better and subsidization of the salaries of teach pay and fiiUer staffing of committees. ers of nonreligious subjects. ,. TFhe trend toward annual sessions is Teachers became much more militant indicated by the fact that forty-nine Leg-, during the period and some States en islatures met in either regular or special acted forms of collective bargaining or sessit)n during 1969. Actually, at least" other means of negotiating with teachers' twenty-six States now hav^ regular annual : organizations. * sessions scheduled. Several other States At the preschool level, there was inr usually carry over their biennial session creased attention to the nfeed for kinder into the next year, which indicates the garten training. States without such accelerated pace of legislative activity., training were either adopting it or mak- ^ Legislative salary^, in£ceasfiJualsD>>iia^^ ing3.plans».fcOi>dc^l.(;^inL.^e ^near fu ture, gained'"iiai5mentum with nine States when financial strains easef Xt the high,; adopting such salary increases in 1969. school level, meanwhile. States were be Others Ijave raised expense allowances. coming more concerned aboiitthe drop _.Xhe.Xegislatur_es generally have been out problem. Part of the blame was" making substantiar efforts^to upgrade the attributed to past reluctance to finance quality of legislative staff personnel and technical and vocational education prp- »-. to improve committee procedure. A : grams. A number of States took action to growing ^ number of Legislatures are correct the jtsrtuation. At the university keeping committees intact between'' ses level, there was a trend toward creating •ipp
LEGISLA TV RES AND LEGISLATION 95 more community and junior colleges'to ban the use of DD.T. Several States, New relieye major state universities of some York and Vermont among them, provided enrollment pressures. stricter controls oyer proposed nuclear power, plant construction.. Health and Welfare • - , The misuse of drugs was of major con Law Enforcement cern to the States during the bienhium. Law enforcement was a prmle concern Several States initiated information pro among the States. Many State Legisla grams* about drugs; Galifornia put into tures passed laws on such subjects as use effect a new law setting up court pro of weapons, contr<5l~?)"f""civir disorders, cedures whereby parents may ensure drug abuse and penology. medical treatment for their children who ' Civil disturbances, many of them on are using drugs without having them ar college campuses, led to passage of leg rested. islation in at least onerthird of the States Reform in abortion laws was discussed to curb such activity. Some of the laws in many States and enacted in at least forbid' blocking of sidewalks and the^ five States (Arkansas, Delaware, Mary staging oJE sit-ins in buildingsVOfher laws land, New Mexico and Oregon) during-' impose fines oh the demonstrators. this bienniurn. • . In penology; several States established A number of States also adopted Medi work release programs, continuing a caid programs, offering services to medi trend of recent years. cally indigent persons in connection with Attempts to control the use of firearms . Title XIX of the U.S. Social Security Act. took -various fonns. Restrictions against buying or carr)'ing firearms were directed Transportatiorf against convicted felons, former mental Action in the-field of transportation patients, or convicted drug addicts in ^ primarily involved state road bonds, several States. The Alaska Legislature de-. motor vehicle inspection, and cheniical fined possession of a firearm in the com te^ts for drunken driving. There ivas a mission of a major crime as a felony in definite trend toward consolidation .of itself. ; ' ; . transportation activities by creation of departments of transportation. Ten Consumer Protection /States had such departments by the end Legislation to protect the consumer of 1969 and other States were considering bnce again was' widespread. Insurance . establishing them. States also were taking regulations were strengthehied in many increased interest in state financial sup States, including measures; requiring . port for airports. automobile insurers to give notice and explanation of cancellations,, and pro Natural Resources hibiting cancellation of policies solely be :;,:•: Concern about a^r and water pollution cause, of a driver's age. Another popular "'• increased and a number of States took ac area of consumer legiislation was unso tion in these areas. Some States created licited merchandise, which several States, pollution control commissions, others now permit the recipient to keep as a passed laws designed to control pollution. gift. Measures to stop the trade in fraudu-' California passed pioneering programs lent credit cards and to protect the losers in air pollution control which set strict of credit cards also were enacted. S.ome liniitations on air pollution from aircraft States passed laws which permit a buyer and automobiles, The California and to cancel within a specified number of ,^v. Nevada Legislatures also approved the days certain kinds of retail installment Tahoe Regional Planning Compact to contracts inade with' door-to-door salbs- - control pollution of Lake Tahoe. men. \ In another area oiE pollution control There was also a trend toward truth- (insecticides^^* Arizona, California and in-lending bills, most of which .require : Michigan were among the. first States to the seller to state the "true" interest on take administrative* action to control or- all credit transactions." 96 THE BOOKrOF THE STATES In housing, some States took steps to Other Subjects 7 try to ease the housing shortage. Massia- Increased state interest'in local govern chusetts set up an "arnii-snob" zoning.law, ment was reflected by the continued creating a means for builders of low- and growth, in the number of departments of moderate-income homes to challenge re conimunity affairs. By/the end of 1969 strictive suburban zoning laws. Several there were tWenty-five departments of States created Mortgage or Hbusing^Atf^ community affairs, with,additional ones : thorities to provide mortgage guarantee in the formative stagBi backing for home purchases by low-in-' In the field of labor, a major develop come families or "seed money" loans in ment was a trend toward more formal cboperation; with nonprofit housing procedures to govern labor relations be spon^rs toward bonding for mortgage tween government employees and vari loans. One of the significant develop ous levels of government, including the ments in. this area was the passagie of legis State. These procedures usually were lation' creating the North Carolina spelled out in einployee labor relations, Housing Corporation, which received a laws. . ' biennial appropriation for 1969-r71 of In election legislation, there was a dis §500,000 arid was granted power to issue tinct trend toward lowering the'^ting up to §200 million in self-liquidating age. Although proposals to that, end revenue bonds. The. agency's purpose is failed to win voter approval in a number to assist families unable to get home of States, the mere fact. that they were loans from normal sources. As of early placed on the ballot.showed that there 1970, the constitutionality of the legisla was great interest in. the topic. ; tion was being challenged in the courts. (^..
.•s< JDIRECT LEGISLATION, 1968-1969
ANY PROPOSALS Were adopted by and to carry over bills from one session the voters in statewide elections to the next. ^/; M of 1968 and 1969 as amendments Amendments relating to legislative re to .constitutions or as other propositions apportionment after the decennial U.S. submitted at the polls. The electorate census were passed. Georgia voters au passed on such proposals in all but two thorized the Legislature to change the States and adopted them in most inr legislative districts whenever the federal stances, primarily at elections in Novem census makes it necessary. Amendments ber 1968.' to the Hawaii constitution established a
Prominent among them were measures commission to handle, reapportionpient CP'^ relating to local goverhnient, state fi and iredistricting every eight years, be nance, and changes in election laws and ginning in 1973. Pennsylvania~v6ters ap governmental structure and powers. A proved creation of a commission to re large volume of bond issues was in apportion the Legislature <»after each cluded. » federal decennial census. Florida's new " Th6'following summary by no means constitution,calls for aiitomatic reappor describes all of the enactments, but it tionment every ten yeairs. \ indicates the scope of measures involved. An Iowa amendment limits the num Unless otherwise indicated, all adoptions ber of: senators to fifty and representa reported here were in elections of 1968; tives to one hundred and permits the Governor to call interim sessions. A Min LEGISLATURES .. nesota amendment permits a legislator There was considerable voter action to to accept another elective or appointive approve pay increases for legislators and \office, provided he jesigns from the Legis also to provide for annual rather than lature;. Another Minnesota amendment biennial legislative sessions. Ainong the allows the Legislature to present bills to States where the electorate approved the Governor up to three days after ad constitutional amendments affecting leg journment, and gives the Governor four islative . pay were Arizona, Hawaii, Ne teen days after adjournment to approve braska, North Carolina, and Utah. An or veto bills passed during the last three Oklahoma .amendment created a board days of the session. of laymen to set legislators' salaries. The . An amendment to the New Jerseycon- changes approved in Hawaii's constitu stitution makes the Legislature a con tion provide that fixture legislative pay tinuing body for two years so bills can raises can be set by law oh th^ basis of be carried over from the first year to recommendations of: a special commis the second. A North Dakota amendment sion created for that \purpdse. States in directed the Legislature to change its w|iich the voters approved amendments opening date |rom January 1 to Decem- to allow the Legislature to meet annually *ber 1 in thie preceding year or any other included Florida, Idaho, Iowa, Missis date in JDecember the Legislature sippi, and Utah. Under changes in chbose;s. It also'directed the Legislature Hawaii's constitution, legislative,,sessions .to hold a short organizational and orien are set for sixty days annually rather than tation meeting during December. the previous sixty and thirty day sessions In 1969 action, Maine voters approved in alternating years. The Legislature an amendment requiring that the State also is given authority to extend the ses Senate.be.composed of an odd number sion ah additional fifteen working days. of ihembers and liriiitihg its size to be- n
li 98- "X T'HE BOOK OF THE STATES tween thirty-one and thirty-fiye senators. The; amendment also requires the State's >-' .• •"'•••''••--^ •.•EtEcrloNS single-member districts to "have as equal An Alaska amendment provides for population as practicable.-' v.6ter preregistration. A constitutional amendment in Colorado provides that ' ADMINISTRATION, candidates for the offices of Governor, EXECUTIVE BRANCH • and Lieutenant Governor must be elected Alabama /voters approved an amend as a team. ^ .'•' ^. ment which allows the Governor, Lieu In Hawaii, constitutional amendment^^ tenant. Governor and other major execu set the mihimum^, age for the Governor tive officers to succeed , themselves for a at 30 instead of the former 35. Qualifica second four-year term, but not a third tions for other executive officials are-also term in succession. An Arizona amend spelled put. The minimum a^e for legis ment also set a four-yeair term for the lators of both houses was reduced to 20, Governor and his cabinet, and created the voting age in Hawaii. . , a[,Department of Insurance. Under the Louisiana voters passM an amend newly approved Florida constitution, the ment which enables new residents to vote . Governor can succeed himself for a £or President and Vice President if they s^econd four-year term. Tlie new constitu were qualified to vot& in their former p-^ tion also created the office of Lieutenant States-uVfississippi lowered its resident re Governor,,to be an executive office ex quirement for voting from two years to clusively. ' '. on.e-^year. In Gedrgia, an amendment provides A constitutional amendment in Wyo that the Lieutenant .Governor Elect shall ming repealed the annual two dollar poll succeed to the governorship in the event tax on persons between 21 and 50 years of the death, resignation or disability of of age for support of county schools. The the GoyerribrrElect. It also provides a amendment substituted a tax of 12 mills hin-off election for Governoi;
JLocAL GOVERNMENT CONSTITUTIONAL CONVENTIONS "^-J^ A Colorado- amendment allows the Voters in Florida approved a new state Legislature to consider factors other than constitution. The electorate in Hawaii > population in setting the salaries of approved twenty-two of twenty^three county officials. California voters ap- proposed changes in the State's constitu- -proved_amendments that authorize cities tion. ' and counties to use state money for local Proposals for calling constitutional purposes and enable" cities and counties conventions were approved by voters in to share local sales and use tax revenue. the States of Arkansas, New Mexico and Florida's new constituf^ign provides Illinois. In Tennessee, five suggested home rule for counties, and ceilings on areas for a liniited^isnstitutional conVen- property taxes and state bonding interest tion were placed on the ballot by the rates. A Missouri amendment reduces Legislature, but the.electorate approved from two-thirds to 60 percent the num- only the prop'osaTfor.classifying property bei" of voters.required to ajpprove munic- iiito three categories for tax purposes, /' ipal general obligation bonds, and simir T- -r- larly reduces from four-sevenths to a ,0 , ^JJ ^^^^'^'^t'^/°f^ \ simple majority the required vote on , (See also Bond Issues below) municipal revenue bonds. The number Arkansas voters passed a constitutional of niunicipanties which can issue bonds, amendment removing the requirement and the purposes for which'bonds can that education appropriations could be be issued, are broadened by the amend- used only for students between 6 and 21 ment. A South Carolina amendment years of age. A California amendment authorizes counties and municipalities to established a;minimum $750 exemption establish regional councils of govern- of assessed valuation of homes. An Iowa ments, which can make studies and rec- amendment provides that the Governor • - ommendations on education, planning, can veto any part of an appropriations development, pollution control and bill while signing the rest into law. other matters. „ ' A Missouri amendment permits the \ In a 1969 action, Wisconsin voters ex- state income taxto be computed on the tended the county'executive form of basis of federal income tax returns. An government throughout the State. Pre- Oklahoma amendment allows the Legis-. . viously the Wisconsin constitution sp.eci- lature to base the state income tax on a fied that only Milwaukee County would percentage of the federal income tax. have, a county executive with power to Oklahoma voters also approved, an veto county board legislation. Also in amendment abolishing the State's tax on 1969 action, .North Carolina voters in intangibles. 24 of the State's 100 counties voted" for Voters in Montana approved an initia- imposing on a local basis an additional tive proposaljcalling for reclassification 1 percent to the State's 3 percent sales of property ^for ta:x purposes, which tax. One half of the additional money wpuld set a I percent limit on household from the tax is to be returned to the^ goods, unprocessed agricultural prod- counties in which it was collected, there nets, stocks of merchandise, and moneys to be divided among the county and its and credits. The South Dakota electorate . municipalities on the basis of ad valorem approved an amendment empowering (•i5> Ux levies. The other half is to go.into a the Legislature to sell U.S. bonds, statewide pool, to be distributed among bought with permanent school funds, at taxing counties on the basis of popula- less than the purchase price, in order to . tion. In Maine in 1969 the electorate reinvest the school funds for a higher approved an amendment granting mu- rate of return, Texas amendments re- . nicipa:lities a measure of home rule by vised investment arr^^ements for state permitting them to amend their charters employees retirement/funds and for the . on local matters without prior legislative University of Texas ^md, broadened the \^ approval. base^ for contributions to the Teaclier
A _ /•
100 THE BOOK OF THE STATES
'. . /.• •• •••-••• •• Retirement System, and provided for water pollution control and a 3100 mil gradual reduction of ad valorem prop- lion Bsue.for land-acquisition and recrea ^ ertytaxes. • , : ; tional development. Washington ': voters approved an New Jersey voters passed. bond issues amendment that allows the Legislature totaling 3990 million, the largest suni to make laws for investment of public ever voted in a New Jersey election. The pensions or retirement. funds. A Penn bond issues were for improving highways sylvania amendment removed the State's and mass transit facilities, construction 31 million debt limit, substituting a flex of public buildings, and construction and ible ceiling based on tax revenues. improvement of housing for low- and In 1969 action, Wisconsin voters .ap moderate-income families. An issue of proved an amendment which permits di 3759 million^ for, capital improvements rect borrow;ing by the State for construc was approved in Ohio. tion of facilities. It eliminates the system ' Pennsylvania voters approved a 328 by which private corporations were set million bond issue to insure additional up and run by sta.te officials in order to funds for payment'of bonuses to veterans,; issue bonds for such construction, arid including Vietnam war veterans. Rhode enabled the State to assume the debts of . Island passed two bond issues—310.75 these corporations. The Florida elector million for state colleges and 35 million ate voted in 1969 to reinstate the consti-. for road improvement. tutional authority of the State Board of The Virginia electorate passed pro Education to issue revenue bonds pledg posals for -bond issues totaling 381 mil ing revenue from the utility gross re lion—367.23 million for higher education ceipts tax as security for the issues. A support and 313.77 million for mental Maine amendment pledged the credit of hospital supportrWashington voters ap the State for payment of revenue bonds proved 3128 million in bond issues—325 of the Maine School Building Authority million for water pollution control; 3^0 totaling up to 325 million at any. one million for acquisition and development time.O of outdoor recreation facilities; and ' In other 1969 action, Kentucky voters 363.059 million to finance various state approved an amendment providing for building projects. • taxation of farmland according to its In 1969, Maine voters approved thir agricultural value. New Jersey voters ap teen .bond issues, with the largest single proved a proposal to institute a state lot issue being §50 million for planning, con tery, the proceeds to be used for state structing, and equipping pollution abate institutions and state aid to education. ment facilities: New Jersey voters in 1969 The New York electorate voted to in approved.a 3271 million water bond is crease the bonding authority of the State sue to finance the State's fight against Job Development Authority from §50 water pollution and to conserve the million to $150 million. State's fresh water supplies for drinking, industrial, commercial, irrigational, and > , BOND ISSUES recreational purposes. Alaska voters approved seven bond is sues. The largest was ah 311.2 million OTHER ASPECTS issue for highway construction. Among Louisiana voters passed an amend others were a $10 million issue for con ment authorizing the Legislature to create struction and capital improvements for a Coordinating Council for Higher Edu elementary and secondary schools, 38.8- cation. Illinois voters passed a referen million for airport construction, and 38.5 dum for changing a state banking act so. million for construction and improve that Illinois-chartered banks could open ments at the University of Alaska. branches in foreign countries. A Ne The Maine electorate approved four braska amendment permits the State to bond issues in 1968, including 312.8 mil-. make long-term, low-interest loans to Ne- lion for highway construction. Michigan braskans seeking adult or post-high voters approved a 3335 million issue for school education; .
^^ UNIFORM STATE LAWS
BY FRANCES D. JONES*
r I IHE NATIONAL CONFERENCE of Com- 1969 I missioners on Uniform State Laws Uniform Minor Student Capacity to Borrow Act in 1968 and 1969 completed two of Uniform Probate Cpde its major projects, the Uniform Consumer Revised Uniform Adoption Act Credit Code and the Uniform Probate The Uniform Consumer Credit Code Code, and approved five other uniform approved in 1968 is a balanced consumer acts, two revised uniform acts, and one protection law. It restructures all laws im model act. In addition, substantial prog posing maximum charges on the cost of ress was niade toward the drafting of a money or credit, regulates consumer credit statute concerning marriage and divorce. generally, and brings substantially all Funds were sought and obtained for the consumer credit transactions under one purpose of preparing legislation in the comprehensive code. It is the result of field of real property transactions which many years of painstaking work by mem will be one of the major uridertakings oi, bers of the' Conference and advisory the Conference in the next two years, groups representing all segments of A record for state enactments of a uni interest. form act in one year was made in 1969 Ti^e Uniform Child Custody Jurisdic when the Uniform Anatomical Gift Act, tion )4;ct
-UNIFORM ACTS-
0\
-UNIFORM ACTS—Continued-
o, ?'|. 15 o, o "5 en 3 • tt
K Ok 5 o s
s •'•. .*•<^ •o •a i I o o 3 o •^S O -^s:- ar it c . a: "^ "9 o 2 *" - \> ? «. o • w o "a ^1 Stale or other § 13 o E jurisdiction, 1^ ft, • ^ 05 Alabama...... * -k ic • •6- ic Alaska...,....."..';.:.;. ir -k ic ic Arizona. •• , "SV ir . • • ic ic Arkansas ;... "jir . - • it ic ic California .. ;. * ic • ic Colorado.;. -k "*• ic ic '•Connecticut.... -ir • .. ir • • ic, ^ ir Delaware ..' ic ic ^ ic Tlotlda:...... • • • ic ic Georgia .. • -ir • ic ic Hawaii. • .. • • • ic ic Idahid..; • • • ic • Illinois... .I....; • • • ic -lir Indiana .. .. -k • ic ic Iowa.. -k .. ic ic ic Kansas...... • ix .. • -k • ic ic Kentiicky....,. .^ .. .. -k -k ic Louisiana..... v--.. ;••• • ' ir . ir ic Maine:-. ir • • ic ic Maryland .....;.. • ic "k -k- Massachusetts it -k -ic • • it ic Michigan. • • • • .ir ic Minnesota. rk- • • • ic • ic Mississippi ...... • .. .. . ir ic ic Missouri ;...... -illr ic • ic.- ic Montana ..... * ic ic -k • • , ic Nebraska ic ic • ic ir , Nevada... ifcr '• • " ic ic ic New Hampshire... :,..... if .. ic ic' ir New Jersey.. ic • • ic ic New Mexico...... •A' ir ^ • • ic- ic \ New York. .. -it • -ir (a) •ft- North Carolina ic ic ' 'ic ic North Dakota ic ic ic • ic: ic Ohio • ic • ^ic Oklahoma...... •*• ic 'i: ic . . T=r Oregon... • • • • • ic •i!r Pennsylvania ic * ic 1^ ic ir Rhode Island 'ic - • • ic ic South Carolina .. -^Ir • ic ic South I>akota..... ic ic ic ic ic Tennessee. , .. .. ic . ic ic ic Texas .. •{ -ti '• • • ic ic Utah..... • ., ic C ic ... • . ic Vermont .. .. -A- • ic ic Virginia ;.. •*• • • • • ic ic Washington.... • • • •• • • ic ir West Virginia.. • • .. • ic ic Wisconsin. iHr ic ic •. •ft- • ic ic Wyoming..-. ic . • • • ir . ic District of Columbia... .. '.. -j^ . , ic ir Puerto Rico., ...... ic, •9 Total 2(5 24 48 14 17 10 12 1 37 51 50 (a) Has adopted the Council of State Governmenu" form of Support of Dependents Act, which is •imilar to the Conference Act. LEGISLA TURES AND LEGISLATION 105 RECORD OF PASSAGE OF UNIFORM ACTS—Continued . As of October 15, 1969'
-UNIFORM ACTS—Conlinued-
o IT, 5 •a o,. o <3t u S:? •2 S u .0 li .2 5 3 bj .§1 I Is — a • §C7 .•0.0 9 •§ 3 Slate or other .CO (5 to r "5 ; jurisdiction
. Alabama • .... Alaska • . .Arizona .Arkansas ... California .... Colorado .Connecticut .. .. Delaware . Florida .Georgia , .Hawaii • ir •if .. .Idatio Illinois • .Indiana .... Iowa . Kansas . Kentucky .Louisiana .... Nf alne • . Maryland • • . Massachusetts Michifian •6- .-... Minnesota Mississippi . Missouri . Montana . Nebraska ...Nevada .New Hampshire . . • •. New Jersey ..'.. .Nfew Mexico New York .North Carolina •sir . .North Dakota Ohio ..... Oklahoma • • • :. Oregon ....; Pennsylvania .... .Rhode Island. .'. .South Carolina ....South Dakota Tennessee Texas Utah .. Vermont • ...... Vlrftlnia . .Washington . West Virginia ...... Wisconsin Wyoming . District of Columbia .:. Puerto Rico 0 3 2 3 5 16 4 \ 4 1 7 12 .Total —^«« r 106 THE BOOK OF THE STATES RECORD OF PASSAGE OF UNIFORM ACTS-Continued' . Asof October 15, 1969 ' T
-UNIFORM ACTS Conlinued— / \ • ^ ' . -t^ "-1 w^ • • «-Ov, .u 1 ^H' ' ^^ <~1 ^ ^^B''- N.^ H 1^ ;t Q. .?>oo F^ •> »-v "^ Ai- "^ c > -2 *>* O o ** JS •^^ Is .• *• SS ••« . " a •2 It- c • •if H • SlaU or other IS 11 IS li ECO H ' . jurisdiction • r ft: . CO (3 k, . <0
• • '•• . • • • .* •• .• ... , , • • , , • • • • • • * • ^ , • ,, , ^ • •. • ••• • • • •• . "
• California •v. • • • • .. • • • • , ...... , • • • • [•• • • .. • • * • •• » Florida • •. .. • i, . -i .. • , , , . , . .. *.\ , . • , , • HawaU • • • • ..\ .. .• • ,; '• , , • • • • .. \ • • •, •• . '• I IlUnola. .\^. • • • .. . • , • ^ , • • • • t .' •*• .-. ^ ," - • , , .1 •> .. ..' . , , . •. • . •• • • .. • • • • • \ • . . • ; . . ,. " , , . • • ,, Maine. . .: • . , , , • ...... • • • - • ., • • • . ] .. * • .• . .. • • '• • •• • • • • • • *,, , , • • • > t , ^
• .: • .. .. .,.•... • • •-• . • • .... • • • • • . . • • ; , • ,* • , , • , , • . , , • ...... • • • . •• • ••• • • • .; . •• New Hampshire :•'• . W .. • ' • • • i , ,, • •*' New Mexico • • .... • • n» New York...... ;...... ' . , • .. North Carolina.;...... , •• " •• • • •'• • •. • • • ^ ^ Ohio • •*• ' * • '-fr *• . . • '• •
• • • .. • • • . , ^ ...... • . . • , , . • . • • J , ' • • • • • • • • •• • ••¥ • v • • ' , , :: ^:; •:; :: • • Texas.. .••*. • • . .- • . . , • .. • • • • 'i , , Utah...... •• • • ••
• • « • • ' . . • < . . ,. • , . . . • Washington -k ir • ic West Virftlnia •A- •*• .. • i^ ~~ • • .•' ::^^..'" ..^•' • ^. Wyoming • • , , • • ,, • ',' District of Columbia.'.. • - • • , , Puerto Rico...... • • • • • •, '••
•M>, Total.;. 49 27, • 4-. 11 9 3 5 19 7 38 1 3 T * • ...
'-.•••'••• - • . . • • • • • .-.u^. ••-• H • , • LEGISLATURES AND LEGISLATION 107 •' RECORD OF PASSAGE OF UNIFORM ACTS-^Continued .. As of October 15, 1969 "' -'
-UNIFORM ACTS—Continued-
s • o
c •2 13 >^ 1.1 • ft. OK "Is- ft: >l ui: ..e-3 3 K a ^ 3 •i' a o « 3 o (J fc. • to fn o o OS •Is • S •• 3 • <»., 1 O Slate or other b.- I' ^ jurisdiction
...... ; Alabama \\i \. .Alaska • ' .Arizona ...... Arkansas California • Colorado • -. Connecticut • Delaware Florida? • • . tieorgla . ../?'. • • .. .Hawaii I • • Idaho Illinois ... .,..;.... .Indiana .-. .Iowa ... - .Kansas Kentucky ....Louisiana Maine • Maryland Massachusetts • Mlchliian Minnesota - Mississippi Missouri ... Montana .. .Nebraska • ,. .Nevada ...... New Hampshire w. • New Jersey • New Mexico. • :..,...... New Tork North Carolina North Dakota ....;...... Ohio Oklahoma J I • Oregon Pennsylvania ...... Rhode Island South Carolina ....;. South Dakota • Tennessee Texas ';.. Utah .." Vermont ..; Virdinla AVashinftton • West Virginia -f( Wisconsin • ." Wyoming .. .District; of Columbia Puerto Rico 23 8 0 f 0 S 16 12 1 ...Total 108 THE BOOK OF THE STATES RECORD OF PASSAGE OF UNIFORM ACTS-Continued Asof October 15^1969
-UNIFORM ACTS—Continued-
00 5 00 c <5v 2 •2 • • 00 •a Ov N—'• "O ?\ 5§ CO"? c^ 00 t^^ ^ *n'zr 0 S ,'*'-• .^ '^ M § V E' ^ — B' r-- ra- S'*^ w >» a 5 a •0 ;=.^-^ o M • • °5 0 Stale or other a ^ Is 11 jurisdiction . Cj 0 li. v-J . f^o s « ^5 (J • "-I «< •^ Alabama., Alaska.. Arizona... Arkansas. Calif OFhia • Colorado..... • • Connecticut. • • Delaware. .. . • Florida • • Georgia...... Hawaii • 4 Idaho... • Illinois. • Indiana. • Iowa Kansas. Kentucky., J .• Louisiana., Maine Maryland., • Massachusetts. Michigan. : Minnesota • Mississippi...... Missouri:, • Montana. • ' Nebraska. • Nevada.., New Hampshire. • New Jersey New Mexico • New York North Carolina. • North Dakota.. • Ohio.:.:...'.... Oklahoma.. Oregon...... Pennsylvania.-. Rhode Island .. South Carolina. • South Dakota... Tennessee • Texas • Utah... Vermont. Virginia.. . Washington West Virginia: Wisconsin. Wyoming.,. • District of Columbia. Puerto Rico... Total. .18 1 2 7 0 0 SUGCiEStED STATE LEGISLATION, 1969-1970 .:-• •-, ••••• r •.•*••• •• ' • - ^ . ' •..-•','.••• r • • • • • • • • - • • ••.....• •:.-•• \ ,....••• . .•-•••• • By ROBERT M. RHODES* \ INCE 1941, the Council of State Gov- era! concern and emerging impbrtance . ernments has published an annual to a significant number of States, Ac S volume of Suggested State Legisla cordingly, commit tee proposals suggest tion conta:ining^aft bills and statements appropriate content for legislation deal- . regarding propyls of significant interest ' ing with such subjects. In-addition, by to the Sta;tes. The contents of the volume careful draltlng the committee seeks to are developed and approved by the Coun contribute to the improvement of legis cil's Committee on^uggested State Legis lative style. lation. The content of laws in the States varies The coinmittee is composed of state : widely. State heeds differ and each State legislators, .'Attorneys General or their must determine its own public policy, deputies, members of Commissions on In Proposals in Suggested State Legislation terstate Cooperation, Uniform State Law may be enacted intact in a given State, or Commissioners, legislative service, agency they may be substantially adapted to fit personnel, and other _state officials. Mem the pattern of law in a particular juris bers of the committee represent their re diction. In any case, suggested legislation spective States and are chosen in a man should be introduced only, after- careful ner decided by individual States. . consideration of local conditions. Exist-. In identifying subjects for inclusion in ing state constitutional and statutory re the volume, preliminary screening is con quirements must be examined and the ducted by a Subcommittee on Scope and legislation modified as needed to fit par Agenda. The subcommittee reviews pro ticular situations: •' . , • posals submitted by organizations of state Selected proposals of the 1.969 and 1970 officials, committees of the Council, pub volume are summarized, in the following lic service organizations, agencies of the pages. An accompanying'table lists, by federal government, and state agencies major subject, bills and. statements ap and legislative committees. As an ad pearing in the 1969 and 1970 volumes, i ditional service, the volume includes newly promulgated proposals of the Na THE 1969 PROPOSALS tional Conference of Commissioners on Suggested State Legislation, Volume Uniform State Laws and the Advisory XXVIII, for 1969, consists of fourteen; Commission oii Intergovernmental Re- proposals accompanied by draft legisla-'^ Jatipns, as well as interstate compacts . tion; twelve statements regarding pro open to joinder-fcty States. To facilitate posals of interest to the States generally,', reference to items carried in past volumes, but without draft, legislation; two inter-^' an analytical cumulative index is in^ state.compacts and enabling acts; and six eluded in the 1970 volume. new or revised uhiforrn acts and one . Committee approval and publication model act promulgated by the National of a proposal in Suggested State Legisla Conference of Commissioners on Uni tion: does not constitute a recommenda form State Laws. In addition, the 1969 tion that all States adopt the proposal State Legislative Program of the Advisory verbatim. Rather, it indicates recognition Commission r on Intergovernmental Re of a subject area that appears to be of genr lations.is carried as a service to the States. A comprehensive . weapons control •Mr. Rhodes is a member of the staff of the Washington office of the Council of State Govern measure appears in this volume. It pro ments. hibits, with certain limited exceptions, 109 '^ 110 , THE BOOK OF THE STATES possession of any firearms and dangerous late corresponding activitieis performed deyices, other than hand guns and long by various unrelated agencies, but to guns. Either or both of these types could allow an ongoing and flexible reorganiza be transferred; possessed and used by in- tion process. : » dividuals, but only after issuance of : Most of the work of a Legislature is identification cards. The statute provides done in committee and a significant por-: for licensing of manufacturers, whole tion of a committee's workload could be salers and dealers and requires^ dealers accomplished when the Legislature is not and other transferors to maintain records in session. A suggested act would autho showing persons in possession of guns and rize interim committee activities, by identifying guns. A state agency would which a committee could prepare ••arid' have at central registry of such informa- study legislation but not take final action. '• -tion. The proposal is a supplement and not a In view of changes in decisional law substitute for legislative councils or other with respect to the liability of builder- legislative research or" study arrange vendors for both implied warranties and ments. T negligence, suggested legislation is of ; Another draft law.provides for the levy fered aimed at defining for purchasers ing and collection of motor fuel taxes for and buUder-vendors theliabilities of such / fuel consumed by commercial motor ve vendors in the construction of new homes. hicles on the basis of highway use within The act imposes on a builder-vendor of the taxing State. , ; one- arid two-family homes an absolute Among other- suggested acts, one liability for damages for personal injuries broadens the numbering, lighting and re ' or death due to defects in construction or porting requiremerits of. the State Boat materials that a reasonably diligent pur . Act previously, carried in Suggested State chaser or user would not have discovered Legislation. Another parallels federal leg in time to avoid injury. Mobile or pre islation which provides for the licensing fabricated homes are not covered by the and, regulation of clinical laboratories ' -.act. '• arid their professional personnel. Under" \ States have traditionally relied upon a furthei* proposal, the State Department the cumbersome procedure of impeach of Education,, or equivalent agency, ment arid recall as a means of removiiig would operate a. program to supply spe judges; A')suggested act seeks to provide a cial educational materials for exceptional .more expeditious removal process. The, children, particularly handicapped chil proposal Establishes a "commission on ju dren. Also of interest to the States is an dicial qualifications" composed of judges, act which expands the "Cattle Indemnifi- members of the bar, and public repre *catipn Act" carried in Suggested State sentatives. Acting in only certain limited Legislation—Program for 1964, by bring .circumstances, the commission would ing animals commercially raised and sold make recomniendatibns to the highest withiri the provisions of the 1964 pro ,1 state court concerning the fitness of posal. ;"" judges to continue service. Actua;l dispo The 1967 amendments to the Social Se sition of the case is made by the highest curity Act require that a nursing home court of the State. b(^ administered by a licensed person in I Recent state administrative reorganizar order to qualify to accept Medicare pa . rion efforts have emphasized the need to tients. 'A'suggested act provides for such coordinate related activities. Based on a ; licensure and is designed to meet the fed Wisconsin law which reorganized-^the ex eral requirement. ecutive departmental structure, a draft Additional drafts regulate snowmobile proposal' contains specific provisiofis operation arid modify the State Employee which a State may use as a guide for its Interchange'Act (Suggested State Legis ligk... own ieorganization. The. principle ap lation for 1962) by lengthening the time plied is that similar operating agencies during which an employee may be em ..ihould have similar laws governing their ployed in ariother jurisdiction. A final organizational structures, not only to re draft authorizes the Asian Development f ""VJS- LEGISLATURES AND LEGISLATION 111 Bank to purchase obligations issued or ceration has established a predominantly guaranteed by the International Bank for ^' favorable record in j urisdictions that have Reconstruction .and Development. had experience with these programs^ The Interstate Agreement on Qualifi Additional statements deal with varied cation of Educational Personnel was de subjects. One emphasizes the inadequacy veloped by the "Interstate Certification of .most statd pest control laws and notes Project" administered by the New York the Pest Control Compact depends in St^te Department of Education. It is de part for its effectiveness on good pest con signed to facilitate the recognition in a trol laws. Another calls attention to the State of qualifications acquired by educa need for States to adoptx9,mpulsory ani tional professionals in other States. The mal disease reporting requirements. \ agreement authorizes participating States Two statements deal with military per to contract for interstate recognition of sonnel. One suggests review of state laws qualifications in particular fields. that deny or reduce unemployment com Events of the past several years have pensation for retired military personnel. demonstrated the need for flexibility and Another urges review of states statutes coordination „ in the use of. National dealing with the disposition of property Guard forces to meet emergencies. The of missing servicemen and government National Giiard Mutual Assistance Com employees. - pact provides for the deployment of Na A hurnber of States ha^e enacted laws tional Guard linits across state lines upon prohibiting the recording of racial or request of a Governor of a party State and ethnic data on official documents. This with the agreement of the Governor of practice has created a problem for agen the responding State. The compact con cies attejupting. to assemble such statisti tains specific provisions covering rights cal information. A statement suggests that and powers of aiding guard forces and the the laws in question be repealed so that liabilities assumed by the aided States. needed data may be made available. Consumer protection is the subject of - A further statement encourages re two statements. One discusses several re vision of. state laws to permit state.char cent state-statutes and a congressional act tered investni'ent and commercial banks seeking to curb the abuse of cloaking the to invest in federally licensed and assisted solicitation of orders, for merchandise, in private companies established tq provide actual delivery, A related statement deals equity capital for small businesses. with unsolicited directory advertising and ' Also carried is a statement delineating similar devices. ' the scope of federal legislation prohibit The Housing and Urban Development ing age discriminatibn^and indicating the ^ct of 1960 expanded many existing as extent to which States may also establish sistance programs as well as created sev similar prohibition, and remedial pro-;, eral new federal urban development pro cedures, j^ grams. For state and local governments to participate fully in these programs, state THE 1970 PROPOSALS legislation will be needed to modify exist Volume 'Xyil'yi oi Suggested State Legr ing laws. A statement indicates some areas islaiion iQT 1970 contains twerfpy-three which may require remedial state legis proposals accompanied by draft legisla lation. ' tion, and eight statements regarding pro Although.many state statutes contain posals of interest to the States generally, sections pertaining to prisoner work re but without draft legislation. In addition, lease programs, few are as flexible as the" nine proposals^of the Advisory Commis federal act passed in 1965. While the work sion on Intergovernmental Relations are program is not a substitute for the pro carried as a service to the States. bation and parole system, it is a valuable Recognizing an urgent need for imagi resource for correctional personnel work native, yet realistic, state legislation in the ing with carefully selected offenders. A " urban affairs, field; the committee ap statement calls attention to the fact that proved several urban-related items for in work release as an alternative to inc°ar- clusion in the 1970 volume. Many of these 112 r^£ BOOK OF THE-STATES proposals were developed in cooperation below their skill capacities. The State with the States Urban Action Center of would assist in-the recruitment and place Urban America; c . , !. ment o;E trainees. One suggested draft would create a Urban housing is the subject of three State Community Facilities ' Finance draft proposals. One would aid in Ihe en Agency empowered. to issue revenue forcement of municipal hpusing codes by bonds and utilize the proceeds to provide prescribing sanctions to be used against low-interest, long-term loans to help fi- landlords who violate the coHe" Tliese nance privately;,.operated community sanctions include rent abatement by ten- • projects. . ants, emergency repairs by the city, collec A draft proposal establishing a State tion of jent by court appoihted receivers, Urban Development Coi:;por,ation is based and*judicially enforced vacate orders. oh New York Isiw. The primary aim of Another draft would seek to encourage this act is to stimulate private inves'tment lending institutions to make low-interest in blighted areas by enabling the corpo loans for rehabilitation of private homes ration to bear some of the initial risks of and dwellings in slum areas. This pro development. The corporation is au gram provides (1) state guaranties to re-: thorized to initiate planning, building diice lenders' risks; (2) state'interest sup and developing of urban facilities. It may plements; and (5) partial exemption \ then sell or lease such projects at the. from municipal real estate taxes. earliest feasible time. Further suggested .legislation estab Another draft establishes a state pro lishes a joint underwriting association to gram of loan guaranties for small busi insure property located in high risk areas nesses in low-income urban areas. The, where insurance is not how available. As guaranty program is sup>plemehted by a prerequisite to doing business in the nianagement counseling for applica;nts State, revery insurer licensed to write fire ^ needing to improve business skills. and extended coverage property insur Further legislation suggests a program ance would be required to join the associ of tax incentives by which the State may ation, and share in its profits and losses. .encourage businesses to expand or estab The purpbse of the act is to encourage lish industrial and commercial facilities home ownership and business growth in in urban poverty areas. To qualify for urban core areas by making property in such incentives a business must locate pr> surance available to responsible persons'" \j- expand in a low-income area; create a living and doing business in these areas. number of jobs at the facility; operate a A model executive constitutional ar job training pirograrri; and give priority ticle is based on the report of the Na for employment to residents of the area tional Governors' Conference Committee where the facility is located. -, on Copstitudona! Revision and General ., Another act would provide incentives Government Organization. The article for welfare recipients to obtain employ limits the number of statewide elective ment or job training. Recipients would officials to the Governor and Lieutenant be able to retain a percentage of monthly Governor in addition to providing spe earnings without losing, welfare benefits. cific guidelines for the organization of ah In addition,^ free day-care facilities and . effective executive branch. A further act home relocation assistance would be pro would provide the Governor with emer vided where appropriate. gency powers for controlling pivil disor As a suppl^ent to the numerous fed ders, including authority to order the; eral manppwer training programs, a-dr^ift - -state police,—local; police, fire-fighting of a sitate supported training program is forces, and the National Guard into emer offpred. Under the ^program, the State gency service. ' would.enter into contracts, with sponsors Two drafts deal with pnowers of law en who would be required to provide job forcement officers. One act authorizes a; training courses meeting state prescribed pblice officer to iriake a limited search of standards. The program would be open to the person of a suspect for weapons under unemployed persons and piersons working specific circurnstances, LEGISLATURES AND LEGISLATION 113 Another proposal draws attention to an vessel or motor; and provide for an ex act developed by Prban America which change of information concerning thefts. provides,law enforcement agencies with Additional drafts deal with a number circumscribed authority to wiretap and of Subjects. One revises the "Hazardous Eavesdrop. Both proposals are drawn to Substances Labeling Act," carried in Sug reflect recent holdings of the United gested State Legislation for 1964, by re- States Supreme Court. quiripg children's toys to carry warning A further draft would authorize inter labels and safety directions. Another is state administrative agreements to com based on a North Carolina act and. would bat air pollution. Accompanying the authorize a state agency to purchase, pre draft is an agreement such as might be de serve and restore historic properties. An veloped pursuant to the statutory au additional draft would enable the State thority. Both proposals are drafted to to indemnify owners of cattle or swine conform to provisions of the Federal Air herds condemned because of tuberculosis Quality Act of 1967. or brucellosis. A further suggested act is A suggested draft would prohibit can- a revision of the "State Seed Law" which cellation-_o.L automobile liability insur appeared in Suggested State Legislation ance solely for discriminatory relsons. It for 1959. Another act requires all live requires an insurer to give advance notice stock market agencies to obtain state li of cancellation or .nonrenewal, stating the censes. A final draft proposal woQld re specific reason for such action. A further quire state licensing of businesses which act would require persons engaging in in- render inedible animal material and "^surance business within the State to bie process it into finished products. certified by the Insurance Commissioner. Inclusion under Workmen's Compen Under this proposal the act of engaging sation of pneumoconiosis, black luiig dis in unauthorized insurance business con ease and other related occupational mal stitutes an appointment by the insurer of adies contracted by miners is the subject the Secretary of State as an agent for serv of a statement without draft legislation. ice of process in suits arising out of the The West Virginia approach is set forth. unauthorized business. A second statement calls attention to Another suggested draft revises the the Revised Uniform Vehicle Code and "Unfair Trade Practices and Consumer Model Traffic Ordinance developed by Protection Law" previously carried in the National Committee on Uniform Suggested^State Legislation for 1967 and Traffic Laws and Ordinances. revised in 1969. The draft authorizes the A statement in the 1970 volume hotes court to decree restitution of money or the National Bureau of Standards has de property to persons suffering damage veloped standard data elements, tech from unlawful practices. In addition, in niques and codes for information systems jured parties are authorized to' initiate which States may wish to use in intergov suits for the recovery of their own dam ernmental exchange of data.. Another ages as weir as initiate class actions. A statement suggests an amendment to the majpr new provision modifies the "State Employee Interchange Act," pre "hblder-in-due-coiirse" doctrine by en sented in Siiggested State,Legislation for abling a consumer to assert all defenses 1969, to enable "receiving" government against a note holder that he could have agencies to pay the employer's share asserted against the original seller or into employee benefit programs. Another lessor. A final new provision authorizes calls attention to state laws which dis-V the assessment of civil and criminal pen criminate against foreign bbilers and alties against willful violators. pressure vessels. A further statement re „ Another proposal offers suggested fers States to standards developed by the. amendments to the "Revised State Boat U.S. Department of Agriculture for Act" carried in Suggested State .Legisla processing frozen desserts. A final state tion for 1969. The amendment would re ment relates to state requirements under quire the registration of motors; require the 1967 Federal Wholesome Meat and owners to report promptly the theft of a Wholesome Poultry Products Acts. i'. -c;^ 0 PROPOSALS OF THE COMMITTEE ON SUGGESTED STATE LEGISLATION Volumes XXVIII and XXIX 1969 proposals are in roman type; 1970 proposals are in italics. Some titles are abbreviated. IS- STRUCTURE AND PROCESSES OF STATE GOVERNMENT 1. Executive Branch Structurie Act.^_ „ t. Non-discrimination Against Imports* 2. Interim Legisilative ComnTittees- 8. Personnel Employmeht Records* 3. International Financial Institutions* 9. Standard Information Systems* 4. Judicial Discipline and Removal 10. State Employee Interchange (revised) 5. Model Executive Article IL State Employee Interchange (revised)* "•)%• 6. Motor FuelTax , CIVIL LAWS AND RIGHTS 1. Discrimination. Because of Age* 2. Property of Missing Servicemen* . LOCAL GOVERNMENT AND URBAN AFFAIRS Abatement of Nuisances in Multiple Dwellings 5^ Incentives for Employment Assistance'for Rehabilitation of Private Hous- 6. Joint Insurance Underwriting 7. Liability of Housing Merchants Community Facilities Finance Agency , 8. Small Business Loans in Low Income Areas . Housing and Urban Development Legislation* 9. Urban Development Corporation PUBLIC SAFETY AND LAW ENFORCEMENT Favesdropping* - 5. Stopping and Questioning Suspects Emergency Powers of Governor 6. Uniform Vehicle Code* Hazardous Substances . 7. Weapons Control National Guard Mutual Assistance Compact 8. Work Release from Prison*- HEALTH 1. Clinical Laboratories 2. Nursing Home Administrators EDUCATION 1 Interstate Agreement on Qualification of.Edu S. Presemation of Historic Sites cational Personnel .4. Proyis^iqn of Special Educational Materials 2. Maripower Training ~~~^OM kiERCEj INDUSTRY AND LABOR Automobile Insurance^ Cancellation 6. Unemployment Compensation for. Retired Black Lung Disease* Military Personnel* Small Business Investment Companies* 7. Unfair Trade Practices Solicitations in Guise of Bills of Account* 8. Unfair Trade Practices* . Unauthorized Insurers 9. Unsolicited Merchandise* . 10. Urban Employment Tax Incentives NATURAL RESOURCES AND :AGRICULTURE Air Pollutioji Interstate Agreements 8. Meat and Poultry Inspection* Animal Disease Reporting* 9. Pest Control Laws* Frozen Desserts* 10. Seed Law (revision) Herd Indemnification 11. Snowmobiles Inedible Rendering Establishments • 12. State Boat Act (revision) Livestock Identification . 13. State Boat Ac^ Amendments Livestock Market Agency and Dealer Licensing UNIFORM LAwsf 1. Model Choice of Forum Act 5. Uniform Consumer Credit Code 2. R.evised Uniform >• Reciprocal Enforcement of 6. Uniform Juvenile Court Act Support Act 7; Uniform Recognition of Acknowledgments 3. Uniform Anatomical Gift Act Act • • ' ,..•.';..•"• 4. Uniform Child Custody Jurisdiction Act •Indicates, statement only. . . ^ _ _ f Promulgated by the National Conference of Commissioneris on Unifgrm'Sfate'Xaws. 114