INSIDE THE LEGISLATIVE PROCESS

Transcription

1 INSIDE THE LEGISLATIVE PROCESS A comprehensive survey by the American Society of Legislative Clerks and Secretaries in cooperation with the William T. Pound, Executive Director 7700 East First Place Denver, Colorado North Capitol Avenue N.W., Suite 515 Washington, D.C Revised September 2009

2 1996 printing, February revision, November revision, September revision, September revision, September revision, October revision, October revision, October revision, September 2009 The is the bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. NCSL provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the i nterests of the states in the American federal system. Its objectives are: To improve the quality and effectiveness of state legislatures. To promote policy innovation and communication among state legislatures. To ensure state legislatures a strong, cohesive voice in the federal system. The Conference operates from offices in Denver, Colorado, and Washington, D.C by the. All rights reserved. ISBN ii

3 Contents 1. Introduction Legislative Organization Opening Day of Session New Member Orientation Legislative Party Caucuses Legislative Leaders Legislative Organizational Sessions Transition Process Legislative Sessions Bills and Bill Processing Mechanisms Used to Streamline Bill Processing Sponsorship Limits for Legislation Referral of Bills The Engrossing Process Enrolling Procedures Bill Prefiling Personal, Ceremonial, Congratulatory or Courtesy Resolutions Recall of Bills Committee Procedures Standing Committees Subcommittees Conference Committees Rules Committees Committee Consideration of Bills Floor Action Floor Amendments Vote Requirements Roll Call Voting Machines and Practices The Calendaring Process Germaneness Requirements Reconsideration Processes Prayer Practices Floor Amendment Procedures Readings of Bills Mandatory Roll Call Votes iii

4 6. General Legislative Procedures Censure, Expulsion and Other Disciplinary Actions End of Session Logjam The Veto Process Open Meetings and Notice Requirements Messaging Legislative Documents Access to Printed Legislative Documents Electronic Access to Legislative Documents The Legislative Journal Archiving Legislative Documents Automation of Journal Production Public Information Communicating with Legislators Recording Legislative Proceedings Media or Public Information Services Office 9 of the Chief Clerk or Secretary The Principal Clerk or Secretary Other Chamber Officers and Staff Parliamentary Authority iv

5 List of Tables 1. Introduction Table Survey Respondents Table Survey Respondents Table Survey Respondents Table Survey Respondents Table Survey Respondents Table Survey Respondents Table Survey Respondents Table Survey Respondents Table Survey Respondents Legislative Organization Table Who Presides over Opening Session Table Who Acts as the Temporary Clerk Table Order of Business for Selected Items on Opening Day of the Senate Table Order of Business for Selected Items on Opening Day of the House Table Who Plans New Member Orientation Table New Member Orientation Program Length, Reimbursements and Training Tools Table Procedural Topics Covered during New Member Orientation Table Substantive Topics Covered by New Member Orientation Table Main Functions of the Majority Caucus Table Main Functions of the Minority Caucus Table Openness of Majority Caucus Meetings Table Openness of Minority Caucus Meetings Table Leadership Positions in State Legislatures Table Leadership Selection By a Vote of the Full Body Table Leadership Selection By a Vote of the Majority Caucus Table Leadership Selection By a Vote of the Minority Caucus Table Leadership Selection Appointed by the President or Speaker Table Leadership Selection Appointed by the Minority Leader Table Term Limits on Leadership Positions Table Major Roles and Responsibilities President of the Senate Table More Duties of the President of the Senate Table Major Roles and Responsibilities President Pro Tem or Vice President Table More Duties of the President Pro Tem or Vice President v

6 Table Major Roles and Responsibilities Speaker of the House or Senate Table More Duties of the Speaker of the House or Senate Table Major Roles and Responsibilities Speaker Pro Tem Table Major Roles and Responsibilities Majority Leader or Majority Floor Leader Table More Duties of the Majority Leader or Majority Floor Leader Table Major Roles and Responsibilities Assistant Majority Leader or Assistant Majority Floor Leader Table Major Roles and Responsibilities Majority Whip Table Major Roles and Responsibilities Majority Caucus Chair Table Major Roles and Responsibilities Minority Leader or Minority Floor Leader Table More Duties of the Minority Leader or Minority Floor Leader Table Major Roles and Responsibilities Assistant Minority Leader or Assistant Minority Floor Leader Table Major Roles and Responsibilities Minority Whip Table Major Roles and Responsibilities Minority Caucus Chair Table Organizational Sessions or Caucuses Table Organizational Sessions for the Full Body Table Organizational Sessions for Political Caucuses Table When Organizational Sessions Are Held for the Full Body Table When Organizational Caucuses Are Held Table Organizational Session Activities by the Full Body Table More Organizational Session Activities by the Full Body Table Organizational Caucus Activities Table Use of a Transition Process Table Benefits of a Transition Process Table Transition Processes Table More Transition Procedures Table Arguments for Annual and Biennial Sessions Table Methods by Which Session Length Is Limited Table Ability to Extend Regular Session Table Extended Breaks During Regular Session Table Who May Call A Special Session Table How the Legislature Calls a Special Session Table Limit on the Length of a Special Session vi

7 3. Bills and Bill Processing Table Bill Introduction Limits Table Legislative Deadline Systems Table Other Common Streamlining Mechanisms Table Examples of Sponsor Deadlines Table Final Referral of a Bill Table Criteria used to Refer Bills Table Suggestions on Bill Referrals Table Changing the Final Referral of a Bill Table Which Chambers Engross Bills? Table When the Senate Engrosses Senate Bills Table When the House Engrosses House Bills Table Type of Engrossing Process Used Table Differentiation among Bill Versions Table Process Used to Correct Engrossing Errors Table Use of Unofficial Engrossments Table Location of Engrossing Office or Staff Table Number of Engrossing Staff Table Retention of Highlighting Used to Indicate New or Deleted Text Table Who Assigns Chapter or Act Numbers? Table Is the Act or Chapter Number Assigned Before Enrolling? Table Signature Lines Table Who Obtains Signatures? Table Who Delivers an Enrolled Bill to the Governor? Table Correction of Errors in Enrolled Bills Senate Table Correction of Errors in Enrolled Bills House Table Location of Enrolling Office or Staff Table Number of Enrolling Staff Table Bill Prefiling Is Allowed Table When Prefiling Is Allowed Table Prefiling Process Varies Table Specific Time Frame Within Which Prefiling is Open Table Who May Prefile a Bill Table Limit on the Number of Bills That May Be Prefiled Table What Happens to a Bill After It Is Prefiled Table Formal Introduction When Session Convenes Table Use of Prefiling in the Past Five Years Table Percent of Bills Prefiled in 1999 and Table Types of Personal or Congratulatory Instruments Used Table Use of Personal or Congratulatory Instruments in the Past Five Years Table Introduction Deadlines for Personal or Congratulatory Instruments Table Types of Personal or Congratulatory Instruments that Are Referred to Committee vii

8 Table Types of Personal or Congratulatory Instruments that Are Considered on the Floor Table Types of Personal or Congratulatory Instruments that Are Placed on a Floor Calendar Table Types of Personal or Congratulatory Instruments on Which a Floor Vote Is Taken Table Floor Presentation to Recipient Table Examples of Procedures Implemented to Save Time on or Reduce Use of Personal or Congratulatory Instruments Committee Procedures Table Methods Used to Establish Standing Committee Jurisdictions Table Determining the Number of Standing Committees Table Number of Standing Committees Table Appointment of Standing Committee Chairs Table Criteria Considered when Appointing Committee Chairs Table Average Number of Committee Assignments per Member Table Appointment of Majority Party Members to Standing Committees Table Appointment of Minority Party Members to Standing Committees Table Criteria Considered When Appointing Committee Members Table Proportional Representation on Committees Table Permanent Rules of Procedure for Committees Table Creation of Subcommittees Table Commonly Used Subcommittees Table Average Subcommittee Size Table Appointment of Subcommittee Members Table Number of Members Appointed to Conference Committees Table Conference Committee Appointments Table Criteria Considered When Appointing Conference Committees Table Selection of the Conference Committee Chair Table Scope of Consideration for Conference Committees Table Vote and Signature Requirements Table Chamber First to Consider a Conference Report Table Floor Vote to Adopt a Conference Report viii

9 Table Who Serves as Rules Committee Chair Table Who Appoints Rules Committee Members Table Number of Rules Committee Members Table Powers of Rules Committees Table More Powers of Rules Committees Table Who Determines Which Bills Will Be Heard Table Who Determines When a Bill Will Be Heard Table Requirement for Standing Committees to Hear All Bills Table Options Available to Standing Committees for Disposing of Bills Table Requirement for Standing Committees to Report All Bills Table Information in Committee Reports Table Requirement for Committee Minutes Table Committee Minutes Are an Official Record of the Body Table Items Included in Committee Minutes Table More Items Included in Committee Minutes Table Even More Items Included in Committee Minutes Table Deadline for the Completion of Committee Minutes Table Approval of Committee Minutes Table Format by Which Minutes Are Provided to Committee Members Table How Committee Minutes May Be Obtained Floor Action Table When Bills Normally Are Amended Table Written Analysis for Floor Amendments Table Vote Required to Suspend Chamber Rules Table Main Actions Requiring Extraordinary Votes Table Other Common Issues Requiring Extraordinary Votes Table Voting Systems in State Legislatures Table Voting System Installations and Upgrades Table Main Features of Current Electronic Voting Systems Table Linking Voting Systems Table When Roll Call Votes Are Subject to Change Table Use of Calendars Table Types of Calendars Used Table How Bills Are Placed on a Daily Calendar with Subheadings Table How Bills Are Placed on the Second Reading Calendar Table How Bills Are Placed on the Third Reading or Final Passage Calendar Table How Bills Are Placed on the Consent Calendar Table How Bills Are Placed on a Special Orders Calendar Table Removing Bills from the Consent Calendar Table Voting on the Consent Calendar ix

10 Table Constitutional Provisions that Limit Bills to One Subject Table Chamber Rules Contain a Germaneness Provision Table Germaneness Enforced in Committee Table Main Germaneness Language or Tests Table More Germaneness Language or Tests Table Germaneness Provisions from Selected Parliamentary Manuals Table Member Challenges Based on Germaneness Table Number of Court Challenges Table Changes in Court Interpretations Table Different Reconsideration Process Used in Committee Table Reconsideration Allowed in Committee Table Who May Give Notice of Reconsideration Table Who May Move Reconsideration Table Notice Requirement for Reconsideration Table Notice Period Table Reconsideration Must Be Moved within Set Time Table Time Frame for Reconsideration on the Floor Table Time Frame for Reconsideration in Committee Table Clerk Retains Bills during Reconsideration Period Table Mechanism to Request the Return of a Bill Table Return of Bill Is Required Table Reconsideration Motion Is Debatable Table Limits on Reconsideration Debate Table Limits on the Reconsideration Motion Table Items Exempt from Reconsideration Table More Items Exempt from Reconsideration Table Reconsideration Process Changes Table Vote Requirement Table Summary of Responses to Case Study # Table Summary of Responses to Case Study # Table Opening Prayer Offered Each Session Day Table When the Prayer Is Offered Table Who Delivers the Prayer Table Guidelines for Delivering an Opening Prayer Table Who Develops the Prayer Guidelines Table Opening Prayers Are Reviewed Before Presentation Table Designated Senate or House Chaplain Table Employment Status of the Senate or House Chaplain Table Who Selects the Senate or House Chaplain Table Senate or House Chaplain Rotates among Religions Table Compensation for the Senate or House Chaplain Table Use of Visiting Chaplains Table Who Chooses the Visiting Chaplain Table Visiting Chaplains Rotate Among Religions Table Compensation for Visiting Chaplains Table Commemorations for Visiting Chaplains x

11 Table Use of Floor Amendments Table Floor Amendments Must Be Drafted or Revised by a Legislative or Chamber Drafting Office Table Floor Amendments Must Be Prefiled Table Deadlines for Prefiling Floor Amendments Table Requirement to Allow Late Filed Floor Amendments Table Amendments to Amendments Table Divided Amendments Table Conceptual Amendments Table Budget Amendments Are Handled Differently Table Display of Floor Amendments Table Extent to Which Written Analyses Are Provided for Floor Amendments Table When and How Floor Amendments Are Made Available to the Public Table Where and By Whom Engrossing and Enrolling Are Done Table Engrossers Are Attorneys Table Format in Which Floor Amendments Are Transmitted to the Engrossing Staff Table How Floor Amendments Are Incorporated into Bills Table A Chamber May Engross Floor Amendments into the Other Chamber's Bills Table A Process Exists for Engrossing Staff to Follow When Conflicting Amendments Are Adopted Table Process Followed When Conflicting Amendments Are Adopted Table A Process Exists to Waive Engrossment of Floor Amendments to Expedite Transmittal of the Bill to the Other Chamber Table Policy or Process Followed to Waive Engrossment of Floor Amendments to Expedite Transmittal Table A Bill Is Read a Set Number of Times Table A Reading of a Bill Can Be Waived Table The Readings of a Bill Must Be on Separate Days Table The Provision for Readings on Separate Days Can Be Waived Table When a Bill Is Required to Be Read in Full Table If not Read in Full, What Constitutes the Reading of a Bill on First Reading? Table If not Read in Full, What Constitutes the Reading of a Bill on Second Reading? Table If not Read in Full, What Constitutes the Reading of a Bill on Third Reading? Table Time that a Bill Must Lie on Members' Desks Before It Can Be Considered on First Reading Table Time that a Bill Must Lie on Members' Desks Before It Can Be Considered on Second Reading xi

12 Table Time that a Bill Must Lie on Members' Desks Before It Can Be Considered on Third Reading Table Time that a Typical Bill Must Lie on Members' Desks Before It Can Be Considered on Concurrence Table Time that a Budget or Tax Bill Must Lie on Members' Desks Before It Can Be Considered on Concurrence Table Time that a Conference Report Must Lie on Members' Desks Before It Can Be Considered Table Stages in the Passage of a Bill at Which a Roll Call Vote Is Mandatory Table More Stages in the Passage of a Bill at Which a Roll Call Vote Is Mandatory Table Number of Members Required to Request a Roll Call Vote Table Vote Requirement for Final Passage "Typical" Bill Table Vote Requirement for Final Passage Appropriation or Budget Bill Table Vote Requirement for Final Passage Revenue or Tax Bill Table Vote Requirement for Final Passage Emergency Legislation Gener al Legislative Procedures Table Grounds for Censure, Expulsion or Other Disciplinary Actions Table Censure, Expulsion or Other Disciplinary Actions Taken Table Examples of Disciplinary Actions Senate Table Examples of Disciplinary Actions House Table Major Contributors to End of Session Logjam Table Other Causes of Logjam Table Frequency of Session Logjam Table Intensity of Session Logjam During the Past Five Years Table Recommendations to Minimize End of Session Logjam Table Chronological Order in Which States Adopted Item Veto Table Measures Exempt from Veto Table Time Frame that Governor Has to Consider Bills Table Exclusions to the Time Limits for Gubernatorial Action Table Gubernatorial Inaction Results in Law Table Pocket Veto Power Table To Whom the Vetoed Bill Is Returned Table What the Governor Must Send with a Vetoed Bill Table To Whom the Veto Message Is Provided During Session Table To Whom the Veto Message Is Provided After Adjournment Table When Vetoes Are Considered During Session Table When Vetoes Are Considered After Adjournment Table Vote Required to Override A Veto of Selected Types of Bills xii

13 Table Floor Sessions Must Be Open Table Where Requirement for Open Floor Sessions Is Found Table Ability to Close Floor Sessions Table Vote Required to Close Floor Session Table Standing Committee Meetings Must Be Open Table Where Requirement for Open Standing Committee Meetings Is Found Table Ability to Close Standing Committee Meetings Table Vote Required to Close a Standing Committee Meeting Table Conference Committee Meetings Must Be Open Table Where Requirement for Open Conference Committee Meetings Is Found Table Ability to Close Conference Committee Meetings Table Vote Required to Close a Conference Committee Meeting Table Interim Committee Meetings Must Be Open Table Where Requirement for Open Interim Committee Meetings Is Found Table Ability to Close Interim Committee Meetings Table Vote Required to Close an Interim Committee Meeting Table Advance Notice of Standing Committee Meetings Table Timing for Standing Committee Meeting Notices Table Advance Notice of Conference Committee Meetings Table Timing for Conference Committee Meeting Notices Table Advance Notice of Interim Committee Meetings Table Timing for Interim Committee Meeting Notices Table Items Included in a Meeting Notice Table Committees May Take Up Items Not Listed in Notice Table Main Methods Used to Publicize Committee Meetings Table Other Methods Used to Publicize Committee Meetings Table Use of Messages Table Main Purposes for Messages Part Table Main Purposes for Messages Part Table Main Purposes for Messages Part Table Who Is Responsible for Sending Messages Table Formats in Which Messages Are Sent Table Who Is Responsible for Receiving Messages Table Receipt of a Message is Required Table Confirmation of the Receipt of a Message Is Required Table Where the Receipt of a Message Is Recorded Table If and When Messages Are Taken Up on the Floor Table Messages Must Be Taken Up in a Certain Order Table Bills Are Transmitted with a Message Table Point at Which a Chamber Has Legal Possession of a Bill Table How a Mistake in a Message Is Handled Table Governor May Refuse to Accept Delivery of a Bill xiii

14 7. Legislative Docume nts Table Documents Composed by the Clerk's Office Table Document Layout by the Clerk's Office Table Documents Printed by the Clerk's Office Table Documents Printed by a Legislative Print Shop Table Documents Printed by the State Printer Table Documents Printed by a Private Contractor Table Documents Printed Overnight or Sooner Table Minimum Number of Copies Printed Senate Table Minimum Number of Copies Printed House Table Documents Typically Printed on Demand Table Groups Charged for Multiple Copies of Printed Documents Table Charges for Printed Legislative Documents Senate Table Charges for Printed Legislative Documents House Table Electronic Access Authorized by Internal Policy Table Groups that Have Access to Documents via the Internet Table Key Decision Makers for Dial Up Access Table Key Decision Makers for Internet Access Table Charges for Electronic Access to Legislative Documents Senate Table Charges for Electronic Access to Legislative Documents House Table The Journal Is the Official Record Table Verbatim Journal Table Items Included in the Journal Part Table Items Included in the Journal Part Table Items Included in the Journal Part Table Journal Compilation Table Computer Programs Used to Compile the Journal Table Journal Proofing Table Journal Is Approved Each Day Table Journal Corrections Table Publication Formats Table How Often the Journal Is Published Senate Table How Often the Journal Is Published House Table Publication Formats that Are Indexed Table Electronic Versions of the Journal that Are Searchable Table Index Categories for the Printed Permanent Journal Table Index Categories for the Internet Journal Table Method by which the Journal Is Indexed Table Computer Programs Used to Index the Journal Table By Whom the Journal Is Printed Table Other Verbatim Transcripts of Floor Actions Table Roll Call Votes Are Available Separately from the Journal Table From Where Separate Roll Call Votes Are Available xiv

15 Table Compilation of the Voting Records of Legislators Table Methods by which Voting Records Are Compiled Table Computer Programs Used to Compile Voting Records Table To Whom Voting Records Are Available Table Format in which Voting Records Are Available Table Guidelines for Retaining and Archiving Documents Table Where the Guidelines Are Set Table Who Implements the Guidelines Table Guidelines Specify Documents to be Retained and Archived Table Documents Retained Table More Documents Retained Table Length of Time that Documents Are Kept Senate Table Length of Time that More Documents Are Kept Senate Table Length of Time that Documents Are Kept House Table Length of Time that More Documents Are Kept House Table Status of Specified Records after Retention Period Table Status of Non Specified Records Table Methods Used to Archive Documents Table Number of Journal Staff Table How the Journal Is Compiled Table Type of Computer on Which the Journal Is Compiled Table Origin of the Journal Compilation Process Table Computer Program s Used for Journal Production Table Journal Items Compiled by a Cut and Paste Method, Part Table Journal Items Compiled by a Cut and Paste Method, Part Table Journal Items Compiled by a Cut and Paste Method, Part Table Journal Items Compiled by a Cut and Paste Method, Part Table Journal Items Compiled by a Cut and Paste Method, Part Table Journal Items Pulled from an Outside Source, Part Table Journal Items Pulled from an Outside Source, Part Table Journal Items Pulled from an Outside Source, Part Table Journal Items Pulled from an Outside Source, Part Table Journal Items Pulled from an Outside Source, Part Table Journal Items Compiled by Macros, Part Table Journal Items Compiled by Macros, Part Table Journal Items Compiled by Macros, Part Table Journal Items Compiled by Macros, Part Table Journal Items Compiled by Macros, Part Table Journal Items Compiled by Auto Text, Part Table Journal Items Compiled by Auto Text, Part Table Journal Items Compiled by Auto Text, Part Table Journal Items Compiled by Auto Text, Part Table Journal Items Compiled by Auto Text, Part xv

16 Table Journal Items Compiled by Another Type of Automation, Part Table Journal Items Compiled by Another Type of Automation, Part Table Journal Items Compiled by Another Type of Automation, Part Table Journal Items Compiled by Another Type of Automation, Part Table Journal Items Compiled by Another Type of Automation, Part Table Automated Method to Catch Discrepancies Between Bill Status or History and the Journal Table A Daily Journal Is Produced Table The Daily Journal Is Posted on the Internet Table The Internet Version of the Daily Journal Is Searchable Table By What the Internet Version of the Daily Journal Is Searchable Table A Final Bound Journal Is Produced Table The Final Journal Is Posted on the Internet Table The Internet Version of the Final Journal Is Searchable Table By What the Internet Version of the Final Journal Is Searchable Publi c Information Table Outgoing Facsimiles Table Incoming Facsimiles Table Facsimile Guidelines Table No Staff Specifically Assigned to Send or Receive Faxes Table Incoming E Mail for Legislators Table Electronic Mail Guidelines Table Recording Committee Meetings Table Extent to Which Committee Meetings Are Recorded by Audiotape Table Extent to Which Committee Meetings Are Recorded by Videotape Table Extent to Which Committee Meetings Are Recorded by Televised Programming Table Extent to Which Committee Meetings Are Recorded by Digital File Table Uses for Committee Recordings Table Recording Floor Sessions Table Extent to Which Floor Sessions Are Recorded by Audiotape Table Extent to Which Floor Sessions Are Recorded by Videotape Table Extent to Which Floor Sessions Are Recorded by Televised Programming xvi

17 Table Extent to Which Floor Sessions Are Recorded by Digital File Table Uses for Floor Session Recordings Table Television Coverage of Legislatures Table Production of Television Coverage Table Television Broadcast Area Table Television Cameras on the Chamber Floor Table Television Cameras in the Gallery Table Media or Public Information Services for Legislators Table More Media Services for Legislators Table Toll free Public Information Phone Lines Table Space for the Media Table Charges for Extra Space for the Media Table Access to the Chamber or Gallery Press Areas Table Dress Code for Members of the Press Table Media Circulation during Floor Session Table Media Circulation during a Recess in Floor Action Table Accreditation, Certification or Registration for the Media Table Who is Responsible for Accreditation? Table Who Investigates Problems or Accusations? Office of the Chief C lerk or Secretary Table Selection of the Clerk or Secretary Table To Whom the Clerk or Secretary Reports Table Length of Term Table Employment Status of the Principal Clerk or Secretary Table Record Keeping Duties of the Clerk or Secretary Table Supervisory Duties of the Clerk or Secretary Table Other Duties of the Clerk or Secretary Table Number of Staff Supervised by the Clerk Table Selection of the Assistant Clerk or Secretary Table Selection of the Journal Clerk Table Selection of the Calendar Clerk Table Selection of the Enrolling Clerk Table Selection of the Engrossing Clerk Table Selection of the Reading Clerk Table Selection of the Sergeant at Arms Table Selection of the Chaplain Table Employment Status of Selected Positions Senate Table Employment Status of Selected Positions House Table Who Acts as the Chamber Parliamentarian? Table Parliamentary Manuals or Authorities xvii

18 Acknowledgments The American Society of Legislative Clerks and Secretaries ASLCS and the National Conference of State Legislatures NCSL gratefully acknowledge the many individuals who helped make this publication possible. The members of the ASLCS Committee on Inside the Legislative Process made content decisions and oversaw document production. Numerous legislative clerks and secretaries took time to complete the survey. Special recognition is given to Brenda Erickson, NCSL program principal, who drafted the survey, compiled data, wrote most of the book and coordinated its publication. Thanks also are extended to Leann Stelzer, NCSL editor, who reviewed document drafts. xviii