In the United States, the state legislature is the legislative branch in each of the 50 U.S. states.

A legislature generally performs state duties for a state in the same way that the United States Congress performs national duties at the national level. Generally, the same system of checks and balances that exists at the federal level also exists between the state legislature, the state executive officer (governor) and the state judiciary.

In 27 states, the legislature is called the legislature or the state legislature, while in 19 states the legislature is called the general assembly. In Massachusetts and New Hampshire, the legislature is called the general court, while North Dakota and Oregon designate the legislature the legislative assembly.

Legislature overview

Responsibilities The responsibilities of a state legislature vary from state to state, depending on state's constitution.

The primary function of any legislature is to create laws. State legislatures also approve budgets for state governments. They may establish government agencies, set policies, and approve budgets. For instance, a state legislature could establish an agency to manage environmental conservation efforts within that state. In some states, state legislators elect other officials.

State legislatures often have power to regulate businesses operating within their jurisdiction. They also regulate courts within their jurisdiction. This includes determining the types of cases that can be heard, setting court fees, and regulating attorney conduct.

Other responsibilities

Under the terms of Article V of the U.S. Constitution, state lawmakers retain the power to ratify Constitutional amendments which have been proposed by both houses of Congress, and they also retain the ability to call for a national convention to propose amendments to the U.S. Constitution.

Proposed constitutional amendments become part of the U.S. Constitution when three-quarters of the states ratify what the amendment. Under Article II, state legislatures choose the manner of appointing the state's presidential electors. Formerly, some state legislatures appointed the U.S. Senators from their respective states, until the ratification of the 17th Amendment in 1913 required the direct election of senators by the state's voters.

Sometimes what the legislature wishes to accomplish cannot be done simply by the passage of a bill, but, rather, requires amending the state constitution. Each state has specified steps intended to make it difficult to alter the constitution without the sufficient support of either the legislature, people, or both.

Organization All states except Nebraska have a bicameral legislature. The smaller chamber is called the senate, usually referred to as the upper house. This chamber usually has the exclusive power to confirm appointments made by the governor and try articles of impeachment. (In a few states, a separate executive council, composed of members elected from large districts, performs the confirmation function.)

Nebraska originally had a bicameral legislature like the other states, but the lower house was abolished following a referendum, effective with the 1936 elections. The remaining unicameral (one-chamber) legislature is called the Nebraska Legislature, but its members are called state senators.

During the 20th century, state legislatures further emulated the activities and structures of the U.S. Congress, as institutions at both levels grew in size and complexity, often accompanied by increases in both staffing and member pay. While most state legislatures remain part-time institutions, a handful of states have expanded theirs to meet year-round.

History

The first bicameral American legislature was formed in 1619 as the Virginia House of Burgesses. The early colonial assemblies were not rooted in English models of parliament. The early colonial assemblies also varied among each other in terms of structure and organization.

The legislatures of the initial Thirteen Colonies usually consisted of an elected lower house and appointed upper house, the latter of which also functioned as an advisory council to the colonial governor. After the American Revolution and establishment of the United States, most states wrote new constitutions, which had direct elections for both chambers of the legislature. This new model helped influence the U.S. Constitution, and was then adopted by new states which later joined the union.

Representation Members of the smaller chamber represent more citizens and usually serve for longer terms than those of the larger chamber, generally four years. In 41 states, the larger chamber is called the House of Representatives. Five states designate the larger chamber the Assembly, three states call it the House of Delegates, and one has just one chamber. Members of the larger chamber usually serve for terms of two years. The larger chamber customarily has the exclusive power to initiate taxing legislation and articles of impeachment.

Prior to the United States Supreme Court decisions Baker v. Carr (1962) and Reynolds v. Sims (1964), the basis of representation in most state legislatures was modeled on that of the U.S. Congress: the state senators represented geographical units, while members of the larger chamber represented population. In Reynolds v. Sims, the Supreme Court decided upon the one man, one vote standard for state legislatures and invalidated representation based on geographical units regardless of population. (The ruling does not affect the U.S. Senate, because that chamber's makeup is prescribed by the U.S. Constitution.)

Sessions During a legislative session, the legislature considers matters introduced by its members or submitted by the governor. Businesses and other special interest organizations often lobby the legislature to obtain beneficial legislation, defeat unfavorably perceived measures, or influence other legislative action. A legislature also approves the state's operating and capital budgets, which may begin as a legislative proposal or submission by the governor.

In most states, a new state legislature convenes in January of the odd-numbered year after the election of members to the larger chamber. The period during which the legislature remains in session varies by state. In states where the legislature is considered part-time, a session may last several months; where the legislature is considered full-time, the session may last all year, with periodic breaks for district work.

Some states have varying lengths for odd and even-numbered years, or allow for fixed numbers of either legislative or calendar days. Georgia for example, allows only 40 legislative days per year, and Wyoming allows 60 legislative days per term, and no more than 40 per calendar year, whereas in Michigan, New Jersey, New York (in odd-numbered years), Ohio, Pennsylvania and Wisconsin (in odd-numbered years), the sessions usually last all year.

Four state legislatures – Montana, Nevada, North Dakota and Texas – meet only biennially. In the early 1960s, only 19 legislatures met annually, but by the mid-1970s, it had increased to 41. The latest legislature to switch to annual sessions was Oregon in 2011, following a voter-approved ballot measure.

Many state legislators meet every year at the National Conference of The Council of State Governments (CSG), headquartered in Lexington, Kentucky, with offices in Washington, DC, New York City, Chicago, Atlanta, and Sacramento, and at the annual meetings of CSG's regions, The Southern Legislative Conference, The Midwestern Legislative Conference, the Eastern Regional Conference and CSG West, and the Legislative Summit of the National Conference of State Legislatures, which is headquartered in Denver, Colorado, and has a lobbying office in Washington, D.C.

Additionally, privately funded organizations with ideological leanings have annual meetings attracting many legislators. These include the American Legislative Exchange Council (ALEC), a conservative organization, and State Innovation Exchange (SIX), its progressive counterpart.

Legislative procedure

Generally, the legislative bodies and their committees use either Mason's Manual of Legislative Procedure, or an amended form thereof. During official meetings, a professional parliamentarian is available to ensure that legislation and accompanying discussion proceed as orderly as possible without bias.

Bill drafting and submission

The lawmaking process begins with the introduction of a bill in either the House of Representatives or the Senate. Bills may be introduced in either house, sometimes with the exception of bills increasing or decreasing revenue, which must originate in the House of Representatives. The order of business in each house provides a proper time for the introduction of bills.

As of 2017, 24 of 99 chambers have limits on the number of bills that a legislator can introduce per year according to the NCSL. Most limits are set by internal legislative rules, while Louisiana's legislature is limited by constitutional amendment.

Bills are usually assigned consecutive numbers, given in the order of their introduction, to facilitate identification. Usually, a bill cannot become enacted until it has been read on a certain number of days in each house. Upon introduction, a bill is usually read by its title only, constituting the first reading of the bill. Because a bill is usually read only by its title, it is important that the title give the members notice of the subject matter contained in the bill.

When a bill passes wherein most votes are from the minority party and "moderate" members of a majority party, this is known as the majority being "rolled". When there are bills which most of the majority oppose, roll rates are a measure of the majority party's avoidance of voting on those bills.

A 2013 study of state legislatures found that of the 99 studied, about half, 53, had roll rates below 5%, and most, 83, had roll rates below 10%.

Committee review

Committees review bills, often holding hearings to gather information and opinions, and can propose amendments to bills similar to legislative bodies throughout the world. Most bills cannot be enacted into law until it has been referred to, acted upon by, and returned from, a standing committee in each house. Reference to committee usually follows the first reading of the bill.

Each committee is set up to consider bills relating to a particular subject. Standing committees are charged with the important responsibility of examining bills and recommending action to the Senate or House. Often on days when a legislature is not in session, the committees of each house meet, and consider the bills that have been referred to them, to decide if the assigned bills should be reported for further action.

For most bills, the recommendations of the committee are followed, although either house is free to accept or reject the action of the committee. Bills reported favorably by a committee may be placed on a regular calendar (the agenda of the deliberative body).

Most of the work of the legislature is done by committees. The legislature as a whole relies on its committees to report out only those bills deserving the consideration of the entire house.