Legislatures

Representation & Policy Making

Legislative Organization

• All but one of the state legislatures are bicameral bodies … like the US Congress

• Nebraska is the exception … it has a unicameral, nonpartisan legislature

• The size of the legislature ranges from 49 in Nebraska to 424 in New Hampshire (one legislator per 3400 people).

• The Arkansas General Assembly has 135 legislators … 100 in the House of Representatives and 35 in the Senate

• The Texas legislature has 31 Senators and 150 members in the House of Representatives …

Legislative Leadership• The Speaker of the House presides over the House of

Representatives• Generally selected by the majority party caucus & then elected by

the whole body• Typically, the Speaker is the administrative and political leader of

the House … – Supervising staff– Presiding over House sessions– Referring bills to committees– Appointing committee chairs– May even help in other legislator’s campaigns in some states– In Arkansas, Rep. Robert Moore is the Speaker of the House– Arkansas Speakers are limited to one two-year term

Leadership, Continued

--The President Pro Tem (or President Pro Tempore) is the leader of the Senate

--Usually the Lt. Governor presides over the Senate … like the VP presides over the US Senate

--Mark Darr is the current Arkansas Lt. Governor … he has an office & small staff, but not much to do

--In Texas, on the other hand, the Lt. Governor has real power … appointing committee chairs, determining the order of business in the Senate, etc.

--In most states, presiding officers are chosen by partisan votes … as are committee chairs … this has not happened yet in Arkansas (for instance, the co-chairman of the Joint Budget Committee is a Republican)

Legislative Operation • The work of the legislature is mostly done in committees … usually

about 15-20 per chamber• The most prestigious committees are the ones dealing with budgets and

taxes.• Sometimes these are referred to as “appropriation committees” or

“Revenue” committees• In Arkansas, the Joint Budget Committee is the committee that prepares

the final version of the state budget … and prepares the Revenue Stabilization Act to keep the state within its budget. It does this by allocating state revenues into “allotments” … Allotment A is funded first, then “B” if funds are sufficient

• An important committee for educators is the Education Committee … but you’ll find Agriculture Committees, Insurance and Commerce Committees, as well as others

Committees in Arkansas Legislature

• Standing Committees, such as: AGING, CHILDREN AND YOUTH, LEGISLATIVE & MILITARY AFFAIRS- HOUSE, EDUCATION COMMITTEE- HOUSE, and REVENUE & TAXATION- HOUSE

• Joint Committees, such as: ALC-JBC BUDGET COMMITTEE, ARKANSAS LOTTERY COMMISSION LEGISLATIVE OVERSIGHT COMMITTEE, and LEGISLATIVE JOINT AUDITING

• Special Committees, such as: BLUE RIBBON COMMITTEE ON HIGHWAY FINANCE and LEGISLATIVE TASK FORCE ON ATHLETIC TRAINERS

Rank-and-File Members• Nobody can keep up with all the bills that are introduced in a legislative session … especially not a part-

time legislator that has no staff (like in Arkansas)

• Are legislators “trustees” or “delegates?” A trustee tends to use his/her own judgment on how to vote on a bill. A delegate attempts to directly represent the wishes of his/her constituents.

• Legislators are very interested in winning re-election to office … and maybe an even higher office … term limits affect their prospects

• They must, however, rely on information provided by others: legislators, staff, lobbyists, executive branch officials, etc. … they simply cannot “know it all.”

• Ethics rules limit the interactions that lobbyists and legislators may have … like dinners, events, trips, etc.• Many legislatures are now made up of “professional” legislators … people who earn their living as a

legislator … they usually have considerably more resources to draw upon than “part-time legislators”• Who serves in the legislature: See:

http://www.arkleg.state.ar.us/assembly/2011/2011R/Pages/LegislatorSearchResults.aspx?member=&committee=All&chamber=

• What about the Texas legislature: See: http://www.capitol.state.tx.us/Home.aspx

Apportionment• Apportionment refers to the division of the state into districts that are

approximately equal in population … compact, contiguous, & equal … though practice falls short of principle

• So the state must engage in redistricting every ten years … after the census … so this will be happening soon in a state near you

• The goal of incumbents is to draw their district lines in such a way to ensure their reelection

• Gerrymandering refers to drawing district lines to benefit or limit some group (party, race, etc.)

• Creating districts that are “majority-minority” ensures that black legislators are elected … but it also has strengthen Republican legislative districts in some states.

• Protecting the incumbent is the general rule of redistricting.

State Legislators

• Typically … white, male, 40-50 years old, some college, middle income, moderate/conservative …

• Professional background has been common … especially lawyers … winning office might be good for business

• Teachers/college professors are sometimes members• Retired people have the time to run and serve … they make up about 15

percent of legislators• Fewer lawyers now … more businessmen/women• Women and African-Americans are more common as legislators now …

about 24 percent of legislators are women and about 10 percent are African American

• Women tend to focus more on issues such as education, healthcare, and the environment … more than men

• Women are more effective legislators now than 20 years ago …

Professional vs. Citizen Legislators• Most legislatures now meet annually … even Arkansas now has a mid-term

session to deal with the budget … that session is going on now!• That, along with frequent meetings of interim committees, means legislators are

spending much more time as legislators now than in the past … that tends to push them toward greater professionalization (Interim Committees meet between legislative sessions)

• Professional legislatures … meet full-time, pay members high salaries, employ large staffs … think Illinois, California, New York …

• Amateur legislatures … meet part-time, have members who earn their livings some other way, and have small staffs … think Arkansas, Texas, Mississippi …

• Most larger states (excluding Texas) have highly professional legislatures• Sometimes the State Constitution limits the length of the legislative session …

causing members to “stop the clock” to finish their work (literally … as the session nears the midnight hour when all business must be compete, members “turn back the clock.”

Legislatures are not held in high public esteem …

• Though individual legislators often are held in high esteem• Legislators do a better job now than in past• It is interesting that, as they have become more professional,

they have become greater targets of public disdain• The press pays some attention to the legislature … but often

oversimplifies complex issues• Term limits is an indication that the public wanted to limit

legislative power …– Increased turnover– 15 states have it … Arkansas has term limits– Probably has increased the power of the Governor and other

executive officials … six years to learn it all and get it done?