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Its purpose should be collective decision making and problem solving. A revision of the state constitution can follow voter approval of changes made during a constitutional convention or changes adopted and placed on the ballot by a two-thirds majority of the legislature. An amendment to or revision of the state Constitution to create a unicameral legislature to write California’s laws could lessen polarization and increase efficiency in the capitol.Introduction Reform in California gained significant traction in 2008 and 2010 as Californians passed ballot measures creating an independent redistricting commission and implementing open primary elections. The legislature seems almost incapable of solving the state’s major problems. last-minute deal making and inattention to the needs of individual citizens. It should filter complex information using superior resources and expertise to provide constituents with well-defined options and inspire citizens to appreciate common goals. As a result. The California State Constitution allows voters to amend the state constitution through the initiative process. Members of the legislature. but others argue that some of this can be attributed to the inefficient structure of the state’s two house system. however. 4 . lobbyists. however. Much of the blame needs to be put on the intense partisanship in today’s politics. addressed the public’s disenchantment with California’s legislature. An overhaul of the structure of the state legislative body could begin to reverse this lack of confidence. open and responsive link between citizens and the state. Californians have lost confidence that their legislature is effective. The ability to revise the constitution. Neither reform. must represent both the interests of their local constituencies and the interests of the state as a whole. which the public holds in very low esteem – only 16 percent public approval in March 2011. a balance that can often create tension even in the rosiest of times. aware that their legitimate authority is derived from the consent of the governed. They are understandably underwhelmed by a legislative process characterized by influential campaign contributors. gridlock. up from 10 percent in September 2010. citizens tend to ignore most of the legislature’s work. is entrusted jointly to the legislature and the voters. A legislature should provide a direct.
Determining whether a proposed change to the constitution constitutes a quantitative revision is considered the easier of the two.3d 336. Second Edition (2008). . 52 Cal. Is the California Civil Rights Initiative a Wolf in Sheep's Clothing: Distinguishing Constitutional Amendment from Revision in California's Initiative Process. The California Supreme Court is loath to reject an amendment approved by the people and has held that its “solemn duty [is] to jealously guard the precious initiative power. . A major scandal or governmental crisis could alter the political environment and provide fertile soil for a unicameral debate to flourish. Julia Anne. supra. however. 5 .”1 Constitutional revisions fall into two distinct categories. 4 Raven v. and to resolve any reasonable doubts in favor of its exercise . 2 Guizan.5 A proposal to do away with one house of the legislature would be required to gain the support of two-thirds of the legislature in order to be placed on the ballot and then a majority of California voters would have to approve the measure.”2 while the definition of a quantitative revision is more nebulous. 207. Eu. but the California Supreme Court did not deem it to be a constitutional revision. particularly the required legislative action. . quantitative and qualitative. . is minute. Deukmejian. Given the current political climate. 3 Legislature of California v. L. . L. 326. A quantitative revision effects numerous provisions of the constitution making an impact widespread throughout the constitution. Democracy by Initiative: Shaping California’s Fourth Branch of Government. 5 Others point to the term limits amendment5 enacted by people as proof that a major change to the legislative system does not always equal a constitutional revision. a revision.A.A revision is a “significant alteration in the balance of powers through the Constitution . 267 (1997).Rptr. 261. 276 Cal. by definition. 31 Loy. . 54 Cal.”3 In very rare cases. the court has declared a voter-approved amendment to actually be an unconstitutional revision. as “court looks only at the number of constitutional provisions changed or deleted.4 Most scholars agree that the adoption of the unicameral form for the California legislature would fundamentally alter our system of government and thus would be. Rev. the possibility that these events would occur. 501 (1991). A qualitative revision creates a significant change in the constitution’s explanation of California’s governmental structure. 1 Center for Governmental Studies. 3d 492. 801 P.2d 1077. Proposition 140 enacted legislative term limits and imposed a 40% cut on the legislative budget.
The fifth section explores some questions that must be considered by policymakers considering a shift from a bicameral to a unicameral legislature.S. based on interviews with the long-time chief clerk of the legislature and a scholar who has studied and observed its workings.6 This paper presents the pros and cons of a unicameral legislature. Simms. Moreover. Sovereign power 7 6 . The second section presents a brief history of unicameral bodies in the United States. The regional and local governments derive their powers from the central government. I.Although not unprecedented among the states -. and public business would be conducted more efficiently and transparently. The sixth and seventh sections provide a sampling of proposals to abandon California’s bicameral legislature in favor a unicameral legislature and recent academic proposals for a California unicameral legislature. 377 U. The third section discusses the debate leading up to and the reasoning behind Nebraska’s adoption of its current legislative structure. Simms. 533. removed much of the historic justification for two house legislatures in the states. 576-77 (1964). Unicameral v. they argue further. The possibilities are intriguing for the average citizen: Proponents of unicameral systems maintain that legislative districts would be smaller. 6 Reynolds v. “Unitary Government is a system of government in which all governmental authority is vested in a central government.such a change in California’s government would make the Golden State the most prominent unicameral body in the nation as well as one of the largest jurisdictions in the world with a one house structure. The first section begins with a comparison of the arguments made by proponents and opponents of such a system. The fourth section discusses how Nebraska’s unicameral body actually works. The final section describes the unicameral legislative process in New Zealand. Bicameral Systems: The Pros and Cons Unicameral legislatures occur more frequently in systems where the national government is a single unit. legislators more attuned to their constituents’ needs. the 1964 proclamation in Reynolds v. that the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution requires legislative districts be apportioned on the basis of population.the Nebraska legislature has been a unicameral body for almost 75 years -.7 “Approximately half of the world’s sovereign states are presently unicameral. the legislature less expensive to operate.
There is greater variation in how upper houses represent the people.”8 With a few exceptions. governments with unicameral legislatures tend to be found in geographically small countries that have homogeneous populations of fewer than 10 million people in addition to few opposing political interests. Representation in upper houses is usually based on subdivisions that may be drawn based on regional divisions. Bicameral legislatures are featured in federal systems where power is disbursed among power structures. bicameral legislatures by focusing on:  Quality of representation   Accountability   Stability   Authority   Power   Decision-making   Cost-effective and efficient legislative process  Political tradition  is vested with the central government and governance is conducted by it. such as federal. http://en.” USLegal. Members of upper houses may be elected either through direct or indirect elections. each member represents nearly the same number of citizens. as with the United States Senate. thus. The people are represented in both an “upper” and “lower” house. but not many. We will compare of the efficacy of unicameral vs. appointed. state and local governments.wikipedia.com. or inherit their positions. Representation in lower houses is usually based on a proportional division of the population to create districts. The central government will stay supreme even if powers are delegated to regional governments.com/u/unitary-government/ 8 Wikipedia.including both the most populous (the People’s Republic of China) and the least populous (the Vatican City). The United Kingdom is an example of a nation having a unitary system of government. Some. Chamber responsibilities and authority varies among nations.uslegal. unicameral legislatures have adopted a quota system to guarantee that certain minority groups are provided with adequate representation.org/wiki/Unicameralism/ 7 . http://definitions.
dependent on the quality of the institution and not on the number of chambers.
interests to gain the support of larger numbers of political leaders.
and deliberative) is an area of major disagreement.
because the legislature would thus be vulnerable to the mercurial whims of popular opinion.
Sarah A. Binder, Oxford University Press (2005), chapter 1.
visible and open to public scrutiny.
confidence and ability to act in the interests of their constituents during the policy process and to maintain a check on the executive branch when the executive over reaches its authority. D. judicial review and executive veto. they point to Nebraska and suggest that its one-house legislature has no more influence over its executive than bicameral legislatures in the other states. On the other hand. Finally. 11 . bicameralists maintain that legislative restraint. They contend that a unicameral legislature is inherently weaker. Authority Legislative authority provides members with the expertise. rather than greater legislative authority. multiple committees and two sets of legislators. Unicameralists also say its legislators are checked and constrained by the electorate. is the basis of democratic governance and it is inherent in a bicameral system. Bicameralists say that a bicameral legislature affords the legislators greater opportunity to develop higher levels of expertise that foster more independence and authority when dealing with the executive branch. they say unicameral legislators feel beneficial pressure to acquire their own in-depth expertise. Further. countering the unicameral argument that suggests that members of unicameral bodies have greater authority because they can act “alone” and do not have to reconcile legislation with a second legislative chamber. Unicameralists argue that the nature of bicameral systems dilutes legislative authority because it splits decision-making between the competing principals of the two houses. and provides fewer opportunities for members to develop specialized knowledge which weakens legislative oversight of the executive branch. because it has fewer committees.of legislative bargaining will always be a part of the legislative process because legislators in any system will try to increase individual influence as they represent constituents regardless of the number of chambers in the legislature. since they cannot rely on a second chamber to catch their mistakes. The slow-moving nature of a bicameral system thwarts decisionmaking and encourages rivalry and conflict among the members of the two chambers.
Paul J. Unicameralists contend that in a bicameral system power coalesces around a few members (powerful party leaders. Quirk and Sarah A.” The Legislative Branch. procedures and organizational structures developed by a legislative body. 12 . ed.. Decision-making Legislative deliberation and decision-making is directly affected by the rules. Bicameral legislatures do not depend on legislators to keep themselves in check. Unicameralists argue that the legislative process in one house creates an atmosphere that allows more time for thoughtful reflection of legislation and more deliberative decision-making because the process is not burdened by the redundancy of two houses. Paul J. F. Bicameralists argue that power in a unicameral legislature is unrestrained because it is concentrated in one house with no additional legislative check. Unicameralists believe that the judicial and executive branch checks are sufficient to assure quality control over legislation. committee chairs and conference committee members).11 Bicameralists and unicameralists disagree about what organizational structures create the most effective legislative decisionmaking environment. Oxford University Press (2005). They say that Nebraska’s small legislature (49 members) allows for a greater dispersion of power and that this dispersion of power is not likely in a larger unicameral legislature. chapter 11. Power Bicameralists and unicameralists each argue that the other legislative system has undesirable consequences for the concentration of legislative power either in the hands of a few powerful leaders or by a chamber unrestrained by a second legislative check. Binder. but rather depend on the constitutional protections provided by a dual-chamber legislature. while power in a unicameral legislature is distributed among the rank-and-file members. “Deliberation and Decision Making. They counter that the evidence does not support the argument that the additional check in a 11 Quirk.E.
This redundancy provides additional oversight by multiple committees and members that may catch potential errors and improve the quality of legislation. Both bicameralists and unicameralists claim that their system inherently produces such traits. Further. Such oversight is not provided for as extensively in a unicameral legislature. Multiple committee hearings and debates create a redundancy that forces legislators to take a second and third look at legislation that will impact the lives of their constituents. the dual-chamber process encourages poor legislative decisions and even errors because members take less care when voting on legislation as they know that errors can be “fixed” in conference committee. and is more direct. Their checks cannot replace the legislative check that catches errors and improves bills before they are enacted. The elimination of redundancy and duplication is more efficient and consequently less costly. develop opinions about efficacy of legislation and communicate their opinions to their legislators. end-of-session decisions that are not in the best interest of the people. Finally. In fact.bicameral system improves the quality of legislation or safeguards against legislative errors. those other two branches can only nullify or veto laws enacted by the legislature. fewer committees. it is redundancy that provides citizens with the opportunity for greater participation because the extended process allows them time to understand the issues. Unicameralists argue that a one-house legislature could contain fewer members. unicameralists point to the constant backlog of the bills at the end of legislative sessions in bicameral systems as evidence that the nature of two chambers fosters inefficiency that can lead to hasty. They point to the approximately 50% decrease in annual legislative 13 . G. While both types of legislatures are subject to the quality controls of the executive and judicial branches. Cost-Effective and Efficient Legislative Process Effective representation of the people’s interests includes the assurance that members perform their legislative duties in a manner that is both cost-effective and efficient. Bicameralists argue that the redundancy found in two chamber legislatures is essential in creating a sound legislative process.
a relatively negligible amount. Unicameralists contend that single chamber legislatures are not unprecedented in American tradition as two of the colonies (Delaware and Pennsylvania). Finally. House of Representatives. Political Tradition Bicameralists and unicameralists each argue that their legislative system has been tested and is well represented in American legislative tradition. and because it is non-partisan (and thus does not appropriate funds for political caucuses). because that would be inefficient and ultimately ineffective to carry out corporate missions. House Research. and Vermont) and Nebraska have employed or employ the unicameral form. compared to the loss of legislative effectiveness. H. three early American states (Georgia.13 They suggest that because Nebraska has such a small legislature. if the size of a state’s budget is taken into consideration. Unicameral or Bicameral State Legislatures: The Policy Debate (1999). They argue that many parliamentary systems in other countries are essentially unicameral bodies. They say that local governments effectively utilize unicameral systems in jurisdictions across the country. even though it still spends more on legislative staff than neighboring states. Bicameralists believe that instituting a unicameral legislature is a sweeping change that runs counter to the Founding Fathers’ vision of bicameral legislatures in America. since upper houses in many of those countries have become almost vestigial and lack significant power.12 Bicameralists counter that any savings achieved through the reduction of legislators and staff in a unicameral body is insignificant. comparing the savings that might be achieved in other states to that achieved in Nebraska is unreasonable. They argue that it is unreasonable to expect outcomes similar to Nebraska’s non-partisan unicameral legislature in 12 Minnesota. They note that Nebraska’s annual savings of $20 million is less than two-tenths of one percent of its annual budget -. they contend that private industry does not employ multiple governing boards in decision-making. the Continental Congress.costs that Nebraska has realized since 1937. 13 Id. 14 . Pennsylvania.
At first. private corporations would not allow two governing boards. During the eight years of their existence. traditions and expectations. additionally.”14 These governing bodies. they cite a lack of parallel experiences. 15 . To calm the strife that might occur between the corporation’s directors (“magistrates”) and the members. but they are profit making entities that are not entrusted with or responsible for sound law-making that reflects the will of the people and the state’s Constitution. http://ir.edu/flr/vol36/iss2/5 15 Id. Each state had only one vote in the Congress. because of their differing environments. the colonies operated as “membership” corporations overseen by governors or directors. Unicameralism in American History Long before the American Revolution. operated for many decades. which mimicked the legislative structure in England.fordham. Finally. Rev. even in the business world. the Articles exposed the inability of the states to develop commercially without strong central organization. but as “the representatives of the people began to seek independent powers. permanent groups of representatives of the members (“deputies”) were created to act as advisory boards to the magistrates. which.states more populous and diverse. 36 Fordham L. the new nation adopted the Articles of Confederation. which provided for a unicameral governing body called the Congress of the United States. however. 307. these bodies sat together. evolving into formal colonial governments before the Revolution. could recall their representatives at any time. II. By that time the representative chambers (equivalent to the “deputies”) “had generally succeeded in surpassing the upper houses (equivalent to the “magistrates”) in importance. They reject comparisons to unicameral systems in other nations as not relevant. to be sure. The new states feared a strong central government. 14 A Unicameral Legislature in New York: A Review and Proposal. and the votes were controlled by their legislatures.lawnet. they also began to hold separate sessions. made up of representatives numbering from 2 to 7 from each state.”15 Following the American Revolution. 311 (1967).
.php?storyId=1-9-3 17 16 . it is not impossible that this part of the Constitution may be more convenient in practice than it appears to many in contemplation. but Georgia and Pennsylvania.17 He argued that the additional body should have “sufficient permanency to provide for such objects as require a continued attention. and at the same time preserved a portion of the sovereignty of the individual states.org/fed/federa62. [A]nd as the faculty and excess of law-making seem to be the diseases to which our governments are most liable.org/fed/federa63. Ph.htm Id.. passionate impulses. 9. American Experience with Unicameral Legislatures.com.” 18 After the Revolutionary War. which created a strong central government. http://www. published March 1.”16 The bicameral form would provide the government with sufficient common power to reach its objects and also restrain it against sudden.com/story. Wayne University (1937). No law or resolution can now be passed without the concurrence. and the School of Public Affairs and Social Work. partaking of both the national and federal character. first.20 Georgia and Vermont followed its model in 1776.Delegates to the Constitutional Convention in 1787 therefore abandoned the Articles of Confederation and wrote a new governing document. They ultimately agreed to the Connecticut Compromise. Shull. This compromise was based on a bicameral legislature—proportional representation in one house balanced by equal representation of the states in the other—so that the interests of the less populated states would not be overwhelmed by the voting power of states with large populations. Writing in 1788 in The Federalist. of a majority of the people. and then. the additional impediment it must prove against improper acts of legislation.constitution. and a train of measures. Detroit Bureau of Governmental Research.19 Pennsylvania had employed a one-house legislature since 1701 and its Assembly enjoyed more power than any other in the colonies. Three colonies—Pennsylvania. 20 ExplorePAhistory. http://explorepahistory. of a majority of the States. 1788. some states continued to function under their former charters.” 18 Federalist 63. . the government ought to be founded on a mixture of the principles of proportional and equal representation. apparently persuaded by The Federalist. Stories from PA History. Georgia and Vermont—continued with single chamber legislatures. abandoned the unicameral form in 1789 and 1790. 1788. Inc.constitution. James Madison noted “that in a compound republic. published February 27. respectively. “Another advantage accruing from this ingredient in the constitution of the Senate is. D. [and] may be justly and effectually answerable for the attainment of those objects. 16 Federalist 62. http://www. This check and balance is fundamental to our federal system of government.htm 19 Charles W. .
“never friendly to unicameralism. 17 . at 10-11.”24 21 This was a response to heavy-handed colonial Governors. 23 Id. (5) The “simple” unicameral form was unsuited to “a complex civilization and was inherently vicious. Shull explained that the “executive council” was comprised of the governor and others in the executive department in addition to the council of censors.23 Taking advantage of the political disorganization in that decade.” which had the power to see that the state constitution was followed.” suggested at least five times that the legislature should be changed to a bicameral form. 22 Id. the censors called a constitutional convention in 1836 and proposed an amendment to create a two-chambered legislature. but it met infrequently (just thirteen times in over 50 years). American Experience with Unicameral Legislatures. Political uncertainty reigned during the 1830s which in Vermont saw multi-party chaos. at 9. but in a council lead by a governor and a lieutenant governor21 that “was in many aspects a part of the legislative process. (3) Vermont would adopt the same system as the other states had used successfully. Its constitutional framers concentrated executive power not in an individual. This group of thirteen members served seven-year terms. 24 Id. during which no governor received a majority of the popular vote.Only Vermont continued this form after the strong federal government was created. Many at Vermont’s convention believed that the turmoil in governance lay in the peculiarities of the unicameral system. (2) It would banish the “baneful” effects of party strife because the distribution of representation would be more equitable. unwise action. Shull. The council. at 10.”22 A subcommittee of this council was the “council of censors. at 10. (4) The ballot would be shortened. including the rise of the Anti-Masonic Party (given credit for preventing the election of a governor in 1835). The censors thus made the following arguments: (1) Bicameralism would check the tendency toward hasty.
http://www. The idea was first studied by a commission of the Nebraska legislature. with no peculiarities of state organization. Wilson Co. Id. and because the ballot about unicameralism also contained a proposition to repeal prohibition and allow parimutuel betting. One House. because it loved the oratory of Norris.W. which reported in 1915 that it saw “no need to retain a second house to represent the wealthy class or the aristocracy in a democratic state. 18. Such was the case in Vermont.economist. 27 “A House Divided. however. political philosophy about how the people should be the government and that government should serve the people. but adds “the actions taken by the leaders in the pro-unicameral movement imply an inherent. (1937). citing Harrison Boyd Summers.”28 She notes that the movement toward unicameralism had its roots in the widespread progressivism in the Midwest in the late 19th century. Unicameralism in Practice: The Nebraska Legislative System. University of Nebraska Press (2005). New York.” The Economist. “but in other states. however. October 7. Uncertainty. at 11. Shull commented that “[o]ften in American political life changes in fundamental forms of government are secured during times of political uncertainty when people without any logical analysis of the fundamental factors believe that the old system is to blame for conditions. failed to persuade the legislature as 25 Id.” his widow complained).com/node/325241. 1999.”27 University of Nebraska Professor Charlyne Berens doesn’t disagree with that superficial judgment. who argued his case across the state (wearing out “two sets of tyres [sic] and two windshields. although largely unarticulated. writing about the push for a ballot initiative to create a unicameral legislature in Minnesota.”26 III. The 1934 Argument for a Unicameral Legislature in Nebraska In 1999.” at 10. The Economist described what persuaded 1934 Nebraska to adopt a unicameral legislative system: “a state battered by the Depression voted for unicameralism because it wanted to save money. it was just accepted.25 Vermont’s unicameral experience had lasted 59 years. was common in political life in the 1830s everywhere in the United States. One House: The Unicameral’s Progressive Vision for Nebraska.”29 Reformers. 34. 29.The amendment creating a bicameral legislature was adopted. The H. 28 Charlyne Berens. 29 Berens. 26 18 .
fumbled myriad legislative opportunities and. bankers and businessmen. Foreword . or whether he was covering up his tracks while serving special interests. but was opposed by nearly all the newspapers in the state.32 The ballot measure had broad public support. political party leaders. at 36. 31 Berens. favoritism and discrimination in national policy. the greed and avarice of individuals and groups for wealth. The One-House Legislature. Norris saw an opening of support for the smaller. that special interests would be advantaged by the absence of “party discipline” and that the larger-sized legislative districts that were contemplated would take power away from 30 Schlesinger.a whole to put the necessary question to the voters. Then every Nebraskan could ‘clearly see whether his or her representative in the legislature was carrying out his promises and working for the betterment of mankind and for the improvement of our system. 33 Id. 36.’”31 Norris took up the fight for a unicameral legislature in the aftermath of widespread citizen disgust with the 1933 Nebraska Legislature. 19 . at 37-38. both for power and for wealth.33 Voters were warned that power would be concentrated in too few persons. One House. he campaigned tirelessly for “’a real democracy’ and a legislature so open that the ordinary person could easily understand and observe it in action. New York. citing John Senning. George Norris. xiv. To this end. nonpartisan legislature in which 30-50 members would serve two-year terms. That body fought openly. An initiative quickly qualified for the ballot based on his proposal calling for a unicameral. agricultural leaders.Fighting Liberal: The Autobiography of George Norris by George Norris University of Nebraska Press (1972). xii.”30 Norris was a champion of the populist/progressive ideal that government should serve the people’s will. Arthur Schlesinger described Norris as fighting against “consuming ambitions. had to be called back in a special session to pass appropriations it had failed to approve in order to keep the state functioning. 32 Berens. more transparent body that he believed would return the Nebraska government to its people. that ill-considered bills would be easier to pass. lent his passion to reforming Nebraska’s government. then a United States Senator known for his integrity and independence. McGraw-Hill (1937). finally. One House. [and] the injection of privilege. Arthur. Similar efforts failed until the Great Depression kindled new life into the movement.
the reforms would make the legislature’s work more transparent and accessible to the ordinary citizen. The hearings had to be held following a five-calendar-day notice and records of committee proceedings were to be kept. at 46. 38 Id.”34 They were advised that “lobbyists would be able to ‘buy a few men cheap’ in such a body. The small size of the legislative body would assure that “individual members would debate freely and be able to amend bills to make them better. such as bloggers. Arkansas Gazette.farmers. Berens. 1937. Voters were reminded that the legislature needed two houses in order to check regional interests and that the plan “would be an about-face from the democratic [way] of making laws by the people into the unexplored realm of making laws by a bloc or oligarchy. May 18. under the Unicameral’s current rules. citing editorial. quoting Editorial.” Specific rules addressed this by assuring that no final 34 Editorial. 37 Id. [A]ll points of view would be represented and each member would feel more responsible for studying and weighing the merits of proposed legislation.6 percent. an idea that was radical at the time was immediately proposed and adopted: standing committees would be required to hold public hearings on every bill referred. Legislators no longer would be able to pass the buck to avoid accountability. 36 Id. at 43-44. the language of the successful ballot measure amendment had said that “the doors of the Legislature and of the Committee of the Whole shall be open.”35 Supporters of the measure claimed that. to the contrary. 35 20 . This rule survives to this day.”36 In 1934. 1934. it dissolved the Nebraska House of Representatives and transferred all legislative power to the Senate. even if members of the general public were excluded from the executive session of a committee. Moreover. May 3. at 37. October 30. the voters approved the constitutional amendment by 59. unless when the business shall be such as ought to be kept secret. with roll-call votes being part of committee reports. See footnote 57 for the treatment of non-traditional members of the media. at 38. The Nebraska Beacon. 1934.”38 On the floor. “reporters should be allowed to remain and to report on what they observed.37 When the rules were put in place for the first session of the unicameral legislature in 1937. Omaha World-Herald. Issues would not be defeated by the secret manipulations of conference committees or subject to symbolic gestures rather than true deliberation. One House.
No bill could contain more than one subject. and the six other members of the Executive Board. The Nebraska Unicameral Legislature: The Nation’s Smallest Legislature A. How It Functions The Nebraska unicameral legislature (commonly referred to by politicians and citizens there as “the Unicameral” or “Unicam”) meets every year: 60 days in even-numbered years and 90 days in odd-numbered years. Chair of the Committee on Committees. The Unicameral Legislature has 49 non-partisan Senators (one fewer than the maximum permitted by the Nebraska Constitution). at 46-47. Organization of Leadership and Committees The leadership of the legislature and the chair of each standing and select committee are elected by secret ballot on the chamber floor at the beginning of each two-year session. 2011.vote could be taken within the five legislative days following a bill’s introduction or until a bill had been on file for final reading for at least one legislative day. Leadership positions include Speaker. Chair and Vice-Chair of the Executive Board (which has statutorily prescribed administrative and management duties). 40 21 . giving citizens a chance to monitor each one before a final vote took place. There were 14 committees in the 2011 legislative session that concluded at the end of May. Amendments were to be printed and read in the chamber before a vote on final passage. each serving staggered four-year terms.39 IV.40 (See Appendix A for Selected Rules of the Nebraska Unicameral Legislature). Senators are limited to two terms. adopted January 12. Currently each Senator serves about 35. but former senators become re-eligible for election after they are four years out of office. 41 Rule 3-3. Rules of the Nebraska Unicameral Legislature. Before its unicameral legislature was instituted in 1937. Each bill would be considered twice on the floor.41 39 Id. The session convenes on the first Wednesday following the first Monday in January in odd-numbered years. the Nebraska legislature had 133 members serving in two houses. Rule 1. i.000 citizens. Section 1 (1-1).
but still the Speaker lacks the authority to appoint committees. 43 22 . In recent years. 46 Id.43 The Nebraska Speaker was once largely a ceremonial officer. 44 Rule 1-5. and bills 42 Rule 3-2 (b). “A” bills (appropriating money for newly authorized programs). but this rarely occurs.The Committee on Committees proposes a slate of member assignments. studies and reports to assist members in bill formation. are allocated as equally as possible among senators representing three regions in the state. Rule 1-1 (a). 50 Id. subject to approval by the Executive Board.42 The seats on all committees. 48 Rule 5-1. 49 Rule 5-4 (a).50 Certain bills may be introduced later in the session: those requested by the governor. corresponding to the state’s congressional districts. Introduction of Bills and Committee Consideration By rule. The Speaker additionally prepares the agenda for daily floor sessions. bills for general appropriations. without amendment. the Speaker normally presides on the floor44 and has considerable authority to control legislative action.46 Because the office is now less ceremonial. 45 Rule 1-16. 47 Rule 5-4 (c). Speakers generally serve more than one two-year term.49 and Senators may introduce an unlimited number of bills.47 Nebraska requires all bills to be prepared and indexed by the Bill Drafter in order to avoid unnecessary duplication and assure that all bills and amendments are in the proper form and language. Rule 3-2 (a). Rule 3-17 (c).. which by rule must be voted up or down.48 Research assistance is provided by the Legislative Research Office and includes legal research. A bill may have an unlimited number of authors.45 The body may overrule the agenda by a three-fifths vote (30 members). ii. so long as they are personally willing to endorse and support each bill. bills must be introduced in the legislature during the first ten legislative days of the annual session. including the Committee on Committees. however. serve as a member of any standing committee or to refer bills to committees.
which means an automatic committee recommendation of indefinite postponement. Committee Chairs generally take the advice of the Clerk as to who will be granted access to the session. 56 Rule 3-16. 52 23 .55 Additionally.56 These sessions are open to the press57 but not to members of the public. 51 Rule 5-4 (c) (1). but copies of amendments and recorded votes are later available. 57 Bloggers and other non-traditional members of the media generally are not granted access to executive sessions. They are not recorded or transcribed. a committee may kill a bill by not reporting it upon adjournment. and (3). Bills are referred to one of the various standing committees by the Reference Committee. much as they do in other states.”53 which will include testimony and citizen comments. bills will receive a public hearing by the committee. Information provided by the Nebraska Unicameral Information Office. exceptions are made when members of the non-traditional press were once members of a news organizations.51 Only a few bills are introduced after the deadline. public officials or senators who are not members of the committee. Committees routinely meet in executive session to mark up and act on bills.52 In most cases. the clerk records this action in the journal and thereafter a vote of an extraordinary majority of the body is required to resurrect the bill. lobbyists. 53 Rule 3-14. a two-thirds majority is required for such motions made more that three legislative days later. This is true because committees in Nebraska may report a bill in the negative.54 Committees are required to hear and report on every bill that is referred. each committee chair makes the decision regarding who will be granted access to executive sessions. most at the request of the governor. (2). even with the requirement to hear and report on each bill.introduced at the request of a committee (but such bills must be accompanied by a written committee statement of intent and must be approved by a three-fifths absolute majority of the body). “before taking final action on a bill. Rule 3-4 (e) (i). Committees will then recommend that the bill be placed on General File (with or without amendments) or that it be indefinitely postponed. 54 Rule 3-17. but committees in Nebraska still control the fate of legislation. with at least seven calendar days’ notice. which takes the form of a recommendation to postpone a piece of legislation indefinitely. Ultimately. Once this occurs. 55 Rule 3-18 A three-fifths majority is required for motions to return a bill to General File made within three legislative days. However.
the legislature will debate it on the floor. the bill is advanced to Enrollment and Review. which will send the amended bill to the proper committee for a public hearing.65 A majority of the legislature (25 members) must vote on whether to adopt amendments.” with the approval of two-thirds of the Executive Board.” the Speaker may refer it to the Reference Committee. consider amendments proposed by the committee.58 which aids in managing sessions of the legislature. its Chair.62 Committees are required to hear priority bills before non-priority bills may be heard.59 The Speaker may designate up to 25 priority bills. The committee itself has just one member.66 If no significant changes occur in General File. 60 Rule 5-5 (d). Committee chairs may designate two priority bills among those heard by the committee. 65 Rule 6-3. the full legislature may consider motions to approve or reject any or all of the changes made in 58 Rule 5-5 (a). Debate of Legislation General File: After a bill is reported by a committee to General File.61 Priority bills must be designated before a deadline set by the Speaker (generally about half-way through the session). Bills advance to Select File once they have been reviewed. Enrollment and Review: Bills advanced to this stage are “reviewed for recommendations relative to arrangement. phraseology. make compromises and conduct a vote. 63 Rule 5-5 (g). suggest amendments.64 Setting of such priorities falls to party caucus leaders in other states. At this stage. and correlation. 59 24 . 67 Rule 6-4. 62 Rule 5-5 (e).Each Senator may designate one priority bill. In the event that a bill “has become new and different by reason of amendments.63 Priority bills are considered ahead of all other bills at each stage of debate. Rule 5-5 (b). Select File: This is the second opportunity on the floor to debate and amend a bill. 64 Rule 5-5 (i). 61 Rule 1-17.”67 This review is performed by the Enrollment and Review Committee’s legal staff.60 The Speaker may also designate up to five priority bills as “major proposals. iii. 66 Rule 6-3 (g).
which requires a three-fifths vote. It has served the state well for long periods of time and has produced sound public policy without rancor. The governor may line-item veto specific budget appropriations or veto the entire bill.” His description of the way legislators in Nebraska carry out their responsibilities in a one-house body is compelling: The Unicameral is by and large responsive to issues in a fair and knowledgeable way. 72 Interview by telephone. motions to amend the bill (or to amend an amendment to a bill). Art.71 B. A motion to adopt the changes made in Enrollment and Review requires only a majority of those members voting. a motion to recommit the bill to the proper standing committee and a motion to postpone indefinitely. Motions to amend require a majority vote of the elected members. IV.Enrollment and Review. 70 Rule 6-8. Executive Approval: Upon final passage. Section 15.69 This is the third opportunity for consideration of a bill on the floor. to the proper standing committee (with or without instructions) or to Select File for specific amendment (if the amendment is adopted by a majority of the elected members). If a bill is returned to Select File for specific amendment and the amendment is rejected.70 Bills not recommitted are voted on for final passage. What Observers Say Patrick O’Donnell. 71 Nebraska Constitution. unless the proposed amendment is substantially the same as a bill indefinitely postponed. The legislature at this stage may entertain motions to recommit the bill to Enrollment and Review. 2011. 69 Rule 6-7. 25 .” says that the unicameral legislature “has worked very well.68 Final Reading: Following consideration during Select File. August 11. Rule 6-11. The legislature may override a veto with three-fifths vote. a majority of the elected members may advance it to Final Reading without going through Enrollment and Review. Clerk of the Legislature72 and a self-proclaimed “enthusiastic supporter of unicameralism. a bill is sent to the governor for consideration and signature. the Clerk of the Legislature reads aloud the bill aloud before the full legislature (three-fifths of the legislature may vote to waive this formality) no less than five legislative days following introduction of a bill and one legislative day after it is referred to Final Reading. 68 Rule 6-5.
We didn’t have thousands of people camped out in tents.” His view was validated by the unicameral legislature’s 2011 session.” meaning that stakeholders (including the politicians. in which adjournment took place three days before the session was required to do so by the state constitution. such as public employee pensions and redistricting. business leaders. Citizens in Nebraska expect that their leaders will compromise and reach reasonable solutions. Clerk O’Donnell notes that the advantages of the unicameral form assure “that we don’t make more mistakes than anyone else.” He pointed to the fact that each bill that reaches the floor is debated in toto on two separate occasions (General File and Select File). the legislature considered a number of divisive issues. We didn’t engage in hysteria. The Speaker. “They want an efficient. lobbyists must interact with many 73 74 JoAnne Young. 26 .”74 Clerk O’Donnell also emphasized that special interests have made no particular inroads in the Unicameral and are no more powerful in Nebraska than anywhere else. 2011. During the session. the budget was adopted without a ‘no’ vote. resulting in four readings of every bill. and dealt with a budget deficit of $1 billion. Speaker Flood said.” Instead. Thus. said. May 29. He further notes that the small size of the unicameral legislature is advantageous because “members know their colleagues and are better able to forge consensus. lobbyists. “We didn’t have drums beating in the Rotunda.bitterness or deep divides.”73 In fact. a trait totally lacking in highly charged partisan bicameral bodies.’” Lincoln Journal Star. effective government that deals with the issues and doesn’t run for cover on a tough one. the legislature attended to its business “the Nebraska Way. Mike Flood (Norfolk). and collective bargaining reform passed 48-0. attorneys and public employee representatives) debated issues intensely and eventually reached positions of compromise long before “fists c[a]me out and barricades [we]re stormed. “Legislature Got Through Year ‘The Nebraska Way. Id. He said historically it is more difficult to lobby in Nebraska because there are no party chairs and the Speaker has few powerful tools to manage the process of legislating.
more members to affect an outcome. If instituted in California. The term limits that were adopted in the election in 2000 came as part of the national wave. He said that it might be the non-partisan nature of the unicameral legislature that is the source of its power. In Nebraska. Mr. Clerk O’Donnell cautioned that a unicameral system would probably pose “interesting challenges” in California. Clerk O’Donnell believes that the unicameral form coupled with the stronger position of the current Speaker has created an atmosphere in which senators are very “institutionally oriented. O’Donnell believes that term limits “have caused the lessening of what I had thought of as a strong independent voice in the legislative branch. in order to facilitate each member becoming actively involved and accountable. Finally. however. 27 .” O’Donnell has observed legislators each making decisions based less on what might be better for him or her individually and more about what outcome is good for the state. Mr. O’Donnell offered that in his view the small size of Nebraska’s unicameral legislature may be its most important feature. moreover. 100 at most. with the advent of term limits beginning in 2002 and the subsequent influx of new senators. which is exponentially more diverse and more complicated than Nebraska. a characteristic that might be difficult to sell to Californians. O’Donnell further observed that term limits have caused the erosion of the power of the unicameral legislature vis-à-vis the governor. The Speaker and committee chairs have developed into stronger leaders for the body. Another phenomena in Nebraska is the infrequency of courtesy voting. the reform seems to have changed the dynamics of what had been a well-functioning system.” He averred that some of the shift in power may also be the result of the election of a dominating figure as governor. he would advise that the body be composed of only 75 or 80 senators. O’Donnell said that out-of-state money funded the initiative which also seemed at the time to be a reaction to a single senator perceived to be an obstructionist. Still. This balance has shifted.
at least in that regard. She thinks the one-house system works very well in a small population state with a pronounced history of independent thinking. “Citizens in Nebraska are very attached to the Unicameral. Such inquiries beg other questions: Are optimal districts large or small? How does district size affect representation? Does that 75 Interview by telephone. most important. Electoral Questions for a Unicameral California California adopted its bicameral system to assure that the legislature provides effective oversight of laws and policies as well as responsive and deliberative representation. which is “closely covered by televised news. a solid majority supports it and believes that Senators get more done on behalf of the people. the people acting as a check on the legislature.” Citizens are not exposed to party squabbling and so. 2011. August 5.” Professor Berens does not believe a unicameral legislature would work in California because of the number of people and the diversity of issues found here. Most of the theoretical advantages of the unicameral form are actually observable in Nebraska: accountability.Like Clerk O’Donnell. V. Academics and policymakers continue to explore the unicameral option as a way to rectify California’s perceived legislative problems. 28 . increased deliberation on all bills and. The essential building block of the democratic process is effective representation of the citizens who are governed. Her blunt assessment is that not even George Norris would recommend that California attempt this “huge” reform. Whether California’s bicameral legislative system produces effective representation or whether a unicameral legislature would be more effective are questions that have been debated since California became a state. at least a dozen serious proposals have urged the creation of a unicameral legislature. University of Nebraska Professor Charlyne Berens75 has studied the Nebraska’s unicameral legislature in depth. there “is no circus” going on in Nebraska. transparency. Since California’s founding constitutional convention in 1849. Gridlock is uncommon and people pay close attention to the Unicameral when it is in session.
Matthew McCubbins and Terry Sullivan.82 Others suggest that having a smaller number of legislators allows voters to keep a watchful eye on legislative activities and may lead to more 76 Bawn. 78 Jacobson. could produce more effective executive oversight.81 Studies comparing states’ upper chambers also found that those that have smaller upper chambers spend less overall.76 As with most reforms. Lani. there are also benefits to having a smaller legislature with fewer and much larger districts. in turn. Steven. Currently. California has one of the smallest legislatures in the nation and each member represents more constituents than in any other state. Large districts would mean a relatively small legislature. By contrast. 79 Ansolabehere. “Reforming Representation in California. Shanto Iyengar. 81 Weingast.80 This. Kenneth Shepsle.79 Smaller districts. or executive oversight by its members? Should districts be represented by single members or multiple members? There is an obvious inverse relationship between the size of the district and the size of the legislature.characteristic affect electoral competition. and Christopher Johnsen. and Nicholas Valentino.78 and one study indicates they have also been shown to discourage negative campaigning. Adam Simon. Making State Government More Effective and Responsive. Cain and Roger G. Kathleen. ed. Cambridge University Press (1987). “Running Scared. Gary. ed. Barry. and hence a larger legislature.” Congress: Structure and Policy. Legislatures with larger districts and fewer members have been shown to have less “pork barrel” spending. changing the size of legislative districts in a unicameral legislature would have both benefits and drawbacks. would additionally create “greater opportunities for division of labor and specialization in policy area(s)” by members.77 Smaller districts provide qualified challengers with more opportunities to supply voters with low-cost information through direct candidate-tovoter contact. Research suggests that minority interests are more likely to be represented effectively in smaller more demographically homogeneous districts. “Reforming Representation in California. The Political Economy of Costs and Benefits: A Neoclassical Approach to Distributive Politics. 77 Guinier. Bruce E. 80 Bawn. 88 American Political Science Review 829 (1994). voter information. 82 Gillligan. Thomas and John Matsusaka. Institute of Governmental Studies Press. 89 Journal of Political Economy 642 (1981). Deviations from Constituent Interests: the Role of Legislative Structure and Political Parties in the States. while small districts would mean a large legislature. Does Negative Advertising Demobilize the Electorate?. 77 Virginia Law Review 1413 (1991). 29 . 33 Economic Inquiry 383 (1995).” at 143. University California Berkeley (1995).” Constitutional Reform in California. Noll.. No Two Seats: the Elusive Quest for Political Equality.
both legislators with an incentive to respond to geographically concentrated interests and those with an incentive to respond to geographically dispersed interests. 84 Id. diverse districts: “AMS offsets potential problems created by eliminating bicameralism .” Bawn. . . .Reforming Represention in California” at 159. . whereas more populous legislatures require strong control from the top.responsible decisions. “Reforming Representation in California. And some argue that smaller legislatures with fewer members are less subject to control by top officials. 85 Bawn prefers the AMS to CMS because AMS creates an incentive for party leaders to “respond to district seatholders. at 153. .”87 When exploring a change to the structure of the legislature from a bicameral to a unicameral body. refers only to the system in which district members do count . We present questions as to what type of electoral system and what district size will provide the most effective representation to the people of 83 “Additional Member System [AMS] . Compensatory Member System. ‘personalized PR’ [refers] to both variants. or CMS. such as legislative Speakers. refer[s] only to the system that does not count district members towards a party’s seat share. . The AMS complements elimination of the two-thirds rule . . . 30 . is suggested by Kathleen Bawn86 to provide members with an incentive to better represent larger. by ensuring that most simple majorities will consist of both list and district members. that is.”84 A change to an Additional Member System. Some researchers have suggested that instituting a unicameral system with proportional representation may more effectively address problems associated with under-representation of diverse interests in California. by creating divergent electoral incentives within a single chamber. 86 A detailed summary of Kathleen Bawn’s study is included in the next section.”85 in which a portion of the members would be elected from party lists while the rest would represent single member districts.” Id. “. policymakers must consider which electoral option is likely to produce effective representation in a unicameral legislature. “The fundamental argument in favor of personalized PR [proportional representation]83 is that it may balance competing goals and minimize overall bias better than California’s current system or other reasonable alternatives. or “AMS. coupled with the adoption of a unicameral structure to the legislature.” at 159. 87 Bawn.
Final Report and Recommendations to the Governor and the Legislature 1996. These questions must be considered as part of any proposal to institute a unicameral legislature. D. Jesse. the call for abandoning the bicameral system in California in favor of a unicameral system continued. Former Speaker of the California Assembly Jesse Unruh strongly supported the switch.. academics. I-San Diego) supported the creation of a unicameral legislature. 31 . and a sprinkling of politicians (Senator Lucy Killea. including David W. byzantine. and maddening convolutions that the presence of two houses creates for anyone who is trying to get an issue heard or a bill passed.” Strengthening the States: Eassays of Legislative Reform. In recent years.California. Gaines and Kathleen Bawn. Double Day & Company (1971). Additional proposals were put forward in 1921. Unicameral proposals were voted on by the legislature in 1913. 89 California. Center. 1915 and 1925. 1937 (three proposals) and 1941. 24. Brian J.C. VI. “Unicameralism-The Wave of the Future. trivial. but dropped it from its final proposal when the idea was deemed to lack sufficient support. but none of these proposals advanced to a floor vote in the legislature. The 1996 California Constitution Revision Commission also initially favored the idea of switching to a unicameral legislature. are served by any of the expensive. In 1974 (and again in 2006) citizens circulated petitions which could have put the question on the ballot. evaluated the lack of a unicameral provision in the Commission’s 1996 recommendations and explained it was “legislative self-interest” that ultimately killed the unicameral proposal.”88 In the 1990s. New York. however they are understood. 1935. Herzberg and Alan Rosenthal. “I doubt that the purposes of a legislature.89 Bruce Cain. 1923. Brady. Many members of the California State Senate thought that they would lose 88 Unruh. 20th Century Unicameral Proposals in California The 20th Century has seen sporadic unsuccessful attempts to shift California’s bicameral legislature to a unicameral legislature. Donald G. Heller Professor of Political Science and Director of the University of California’s Washington. Constitution Revision Commission. ed.
com/sacramento/california-renovation/content?oid=1015956 92 Weinberg. “California Renovation. Alan Tarr and Robert F.” State Constitutions for the Twenty-first Century: The Politics of State Constitutional Reform. Bruce. 93 Walters.examiner. Cosmo. State University of New York.” The Sacramento Liberal Examiner.com/liberal-in-sacramento/should-california-s-legislature-gounicameral#ixzz1TtcZyRlk 32 . 90 Cain.net/blogposts/2009/smaller_legislative_districts_better_representation-18430.com. increase visibility. “Should California’s Legislature Go Unicameral?. thus reducing the size of each legislative district. 2011. 2011. improve the legislative process. Joshua. anti-democratic gamesmanship. 90 In the 21st Century. Williams. “Constitutional Revision in California: The Triumph of Amendment Over Revision.91 The New America Foundation also supported a shift to a unicameral legislature. improve responsiveness and reduce the constituent-to-member ratio. Recent Academic Studies Recent scholarly studies have provided insight into how to construct unicameral proposals to reduce bias. 2009. June 18.”93 Joshua Cameron also wrote an article calling for unicameral legislature with 120 members. 91 Gavin.” have fewer staff resources and would serve in smaller districts. “Time for One House for California Legislature. then-Lt. some politicians. http://politicalreform. Governor John Garamendi supported a constitutional convention.a level of “prestige.” Daily Republic. maximize accountability. http://www. ed. In 2009.94 VII. Dan.92 Members of the media have also jumped on the unicameral bandwagon.newsreview. Micah. in part to review the idea of unicameral legislature and smaller legislative districts.newamerica. 94 Cameron.” Newsreview. July 1. Dan Walters recently wrote a column calling for a unicameral legislature saying that California’s bicameral legislature is “at best … outdated. and at worst engenders deceptive. G. The following three summaries provide descriptions of how reformers might construct a new unicameral legislature in California. Smaller Legislative Districts = Better Representation (2009). Albany (2006). smaller legislative districts and proportional representation. wasteful and duplicative. April 18. reformers and the media have resurrected the idea of a unicameral legislature. Senate leaders feared they would lose leadership positions. http://www. New American Foundation.
Party representation proportions would be based on the statewide vote with a five percent minimum required for representation in the legislature. thus if a party wins a 20 percent of the seats in the statewide vote. Achieving the proper proportionality using the combination SMD and PR would require that the number of SMD seats won by a party be subtracted from the total number of seats. faculty in the fall of 1982 and served as Associate Dean for Academic Affairs from 1984-87. Rev. 455 (2011). Los Angeles.A.” He would increase the current legislature of 120 members (40 Senate and 80 in the Assembly) to 320 members in the new unicameral legislature in an effort to decrease the current constituent-torepresentative ratio. Multi-Member Districts would be about twice the size of the current California senate districts and each would be served by eight legislators. L. Professor Ides joined the Loyola Law School. ranging from civil rights litigation to the representation of individuals in deportation proceedings. political parties would provide a list of eight candidates per region for the ballot and voters would vote by party and rank the candidates. Members elected in SMD would represent about half of the population of the current assembly districts.Ides 2011 Study Allan Ides95 recently completed a detailed study that proposed that California should adopt a system of proportional representation in a unicameral legislature as a part of a new California Constitution. Allan. 96 Ides. Chief Judge of the United States Court of Appeals for the Fourth Circuit from 1979-80 and then clerked for the Honorable Byron R. Approximating Democracy: A Proposal for Proportional Representation in the California Legislature.. White. 44 Loy. it is entitled to 20 percent of the regional seats minus the number of districts it won in the SMD contests. Using the PR system. “One might argue that a bicameral system works as a legitimate check on democracy by requiring all proposed measures to satisfy the independent judgment of two distinct legislative bodies however those bodies are comprised. 97 95 Allan Ides served as a law clerk to the Honorable Clement F. 97 Ides is using the CMS system. L. 33 . He has written extensively in the areas of Constitutional Law and Civil Procedure and is actively involved in various public service projects. (See Appendix B for his proposed language for that section of the California Constitution). Jr. Haynsworth. But this argument is premised on 96 the assumption that democracy ought to be hobbled in this essentially random fashion. Members would be elected through a Mixed-Member Electoral System with 160 members elected in small Single-Member Districts (SMD) and the remaining 160 elected in larger Multi-Member Districts (MMD) using an “open-party-list” (Party Representation or PR) system. Associate Justice of the United States Supreme Court from 1980-81. 437.
Brady99 and Brian J. Noll. and Janice Arthur McCoy Professor of Political Science and Leadership Values. and Brian J. He was a visiting professor at the Department of Applied Economics at the Catholic University of Leuven. the American Political Science Review. and how legislative coalitions balance technical and political considerations in the structure of administrative agencies.103 The legislature would be made up of 120 98 Ides. Her work has been published in the American Journal of Political Science. how majority party leaders in the UnitedStates Congress structure coalitions through procedural decisions. Making State Government More Effective and Responsive. Approximating Democracy: A Proposal for Proportional Representation in the California Legislature. Doyle Centennial Chair in Public Policy. Gaines. Gaines100 proposed a basic model of a unicameral legislature with Single-Member-Districts (SMD) to increase visibility and accountability. Institute of Governmental Studies Press. the British Journal of Political Science. Brady and Gaines 1995 Study The 1995 study of David W. He is the Bowen H. Legislative Studies Quarterly. Emeritus and Senior Fellow. “A House Discarded. 34 . They believed that a unicameral legislature would increase legislative responsiveness to constituents. how conflict within the majority party coalition is managed.”101 Their proposal called for a legislature of that would consist of 80-120 members with half of the legislature standing for election in each election cycle. Brady teaches at Stanford University.” Constitutional Reform in California. eds. Cain and Roger G. 100 Brian Gaines is an associate professor in the Department of Political Science at the University of Illinois and is a member of the Institute of Government and Public Affairs.”98 He stressed that his proposal is not a panacea and should be a part of a comprehensive plan to reform California governance. Berkeley (1995). at 462. in Belgium. 102 Kathleen Bawn is Associate Professor of Political Science at UCLA. 99 David W. and other academic journals. Bawn 1995 Study Kathleen Bawn’s102 study of representation in California proposed a unicameral legislature and the use of an Additional-Member System (ADM). 101 Brady. for representatives in a single house to duck responsibility for their actions.Ides argued his proposals would “dissolve the hegemony of the two-party system and likely make the two dominant parties more flexible and more responsive to the electorate. Deputy Director and Davies Family Senior Fellow. and it is easier for voters to assign responsibility for polices to particular politicians or parties. . 233. Bruce E. “It is harder . . Her projects have looked at coalition politics in the choice of an electoral system in the Federal Republic of Germany and the incentives that Germany’s mixed electoral system creates for members of the Bundestag. Stanford Institute for Economic Policy Research. University of California. David W. Hoover Institution Morris M. And he has served on two Royal Commissions in his native Canada.
New Zealand. but they would have incentives to work together with other members of their political party.. was selected because it has much in common with California. Bawn theorized that her proposal “offers serious variance in the electoral incentives without promoting gridlock”105 The structure of the PR districts would require members serving those districts to be responsive to a different set of voter interests. 107 The Abolition Bill created a unicameral legislature in New Zealand in January 1951.SMDs of equal population and three PR districts drawn based on “geographic and socioeconomic boundaries. 105 Id. VIII. “Reforming Representation in California. 104 Id. 106 Id. Its legal system is based on English law.”104 PR districts might differ in population size and seats would be allotted based on the total population in the district. at 159. New Zealand’s legislature serves a well-educated.107 invite its use as a comparable. Unicameral System in a Comparable Democracy: New Zealand About 24 nations have bicameral legislatures and 112 have unicameral governments. It should be noted that no country mirrors our very large. particularly its relatively recent abandonment of the bicameral legislative form. complex and diverse state. 35 . Fewer districts seats simply mean more list members. “Creation of check and balances within the party gives personalized PR its unique ability to decrease one major source of bias without causing an increase in another. however. Bawn. New Zealand was settled as a 19th Century British colony. but each PR district would have at least 20 members.”106 Bawn speculated that a bicameral legislature could achieve the same electoral incentives if one house was elected from party lists and the other from SMD. It has a majority European populace and 103 Bawn prefers AMS to CMS because in a CMS system “leaders may have an incentive to work against the reelection chances of district members. multi-cultural society with diverse interest groups. (See Appendix C for the list countries with unicameral legislatures). English is the dominant language but there are several languages spoken. We use a detailed description of the unicameral legislature of New Zealand to illustrate its role and responsibilities in the governmental structure in New Zealand.” at 153. Some characteristics of New Zealand. successful model should California similarly adopt the unicameral form. who depend directly on the leadership to maintain their positions.
New Zealand’s entire population (4 million) is less than half the size of Los Angeles County and about the size of the city of Los Angeles. Originally settled by Polynesians around 1300 AD. about seven percent are Maori. single-member district seats and 50 seats chosen from the party lists on a proportional basis. but the average New Zealander spends about 19 years in school. and at least twelve religions are practiced. A. state.S. Its legal system is based on English common law and includes special legislation and land courts for the Maori people. Demographics and Political System New Zealand’s population is about 4. The judiciary is appointed by the governor general. and is ethnically. culturally and religiously diverse. Fifty-seven percent of the population is of European descent. New Zealand’s governmental system includes executive.5 percent are defined as “other. New Zealand is a constitutional monarchy with three branches of the government: executive. almost five percent are Pacific Islander. Members include 70 popularly elected. similar to the median U. 36 . Europeans later settled there and it became a British Colony in 1840. eight percent are Asian. It has approximately 120 members (although in 2008 there were 122 members) that serve three year terms. its government is a parliamentary system. Perhaps most importantly. about 10 percent are mixed and the remaining 13. those populations have a variety of interests that must be represented in the legislature.significant diverse minority populations. The executive branch includes the chief of state (Queen Elizabeth II) who is represented by the governor general. Seven languages are spoken. of course. legislative and judicial branches. There are.108 As is the case in California. Also similar to California. New Zealand is a sovereign country rather than a subdivision of a county. 108 New Zealand is a collection of islands in the southwestern Pacific Ocean. The legislative branch is a one-house body. judicial and legislative.3 million people. significant differences between New Zealand and California.” New Zealand and California have achieved similar rates of literacy. exceeding the period of time invested by the average Californian. although 91 percent of the population speaks English. the prime minister who acts as the head of government and the cabinet (executive council).
110 Each year the executive branch must produce a “budget policy statement” providing the legislature with information about its long and short-term fiscal goals and objectives. Parties that receive 5% or more of the vote are entitled to a portion of the seats in the House of Representatives. On each ballot. The ballot itself is two-tiered. It is called the “electorate vote. 110 Permanent legislative authorities and multi-year appropriations cover items such as judges’ salaries.There are more than a half dozen political parties that are represented in the legislature with the two strongest parties currently holding 101 seats.” and the Government. The House of Representatives reviews and approves the executive’s expenditures for certain purposes and annually approves the Executive budget. Upon “budget delivery.” and these seats are won by the candidate that receives a plurality of votes in the district. which provide reports back to the House. 37 . but the representatives elected serve in a single chamber. On the so-called “lower tier” of the ballot. Checks and Balances in New Zealand’s Unicameral House of Representatives The primary role of the New Zealand House of Representatives is to hold the Government (executive branch) accountable for policy decisions. must have the “confidence” of the House of Representatives. The two-step electoral process —a so-called mixed member proportional electoral system (MMP)109 —was instituted in 1994. a voter selects the member who will represent his or her particular district in the House of Representatives. B.” the Finance and Expenditure Committee of the House of Representatives delegates portions of the budget to be studied by particular other committees. voters make decisions on the so-called “upper tier” that determine the proportionality of the political parties to be represented in the House of Representatives. This means that the lower ticket party winners do not contribute to the party’s overall share of members. This model is called “responsible government. The House then performs several rounds of debate (including 109 New Zealand’s MMP system formula is the same as the Compensatory Member System (CMS ) formula. headed by the Prime Minister. debt repayment and funds for Treaty of Waitangi settlements and do not have to be renewed annually. It is a party vote.
Since there is a limited amount of time to consider bills. The House of Representatives also considers ratification of international treaties that have been negotiated by the Government. Upon passage by the House. a ballot is held to select the next bill that will be considered by 111 Assent is given based on the recommendation of the Prime Minister and other ministers. signed by one person or many people.testimony by ministers) and House readings on the bills generated during this process.  Member Bills are introduced by members of the House of Representatives.  Government Bills are the result of the government’s policy platform realized through its legislative program. Very few member bills are enacted. Citizens may seek redress from governmental activities by petitioning112 the House of Representatives. member bills. or to redress a local or private grievance. New Zealand’s Unicameral Legislative Process New Zealand’s unicameral House of Representatives considers several types of bills: government bills. only six member bills in their first reading may be before parliament at the same time. The Government then has 90 days to respond to the committee’s recommendations. 112 38 . Select committees perform detailed reviews of executive performance and hear testimony in public hearings from ministers and officials. The majority of bills enacted are Government bills. “select committee scrutiny” and additional debates in the house. Office of the Clerk of the House of Representatives (2010). When a slot becomes available. “A petition is a document addressed exclusively to the House of Representatives. (See Appendix D for more information about petitioning the House of Representatives). C. requesting the House to take a clearly defined action on a matter of public policy or law. The Government must also defend its policies in debates before the House. where committees recommend specific responses about the petitions to the Government. House of Representatives.” Petitioning the House of Representatives. bills are sent to the Governor General for Royal Assent. 111 The House also holds the executive branch accountable through Parliamentary questions to the ministers. New Zealand. local bills and private bills.
and members may have only one bill on the ballot at a time. During First Reading. such as city councils.to three-day gap gives members an opportunity to reflect on the bill and allows the Attorney-General time to review the bill for conflicts with the 1990 Bill of Rights Act. Select Committee. are usually taken care of by their local member.  Private Bills are promoted (and the administrative fees paid) by private citizens or industries and may relate to personal or corporate activities.  Local Bills are introduced by members at the request of the local authorities. Any citizen is permitted to submit a public submission on a bill. First Reading. such as land use issues. Prior to First Reading.  Introduction: Upon Introduction. This type of bill is very rare and is handled by individual members. Second Reading. Each ballot may contain as many 40 bills. newspapers run stories about the bill and encourage public participation through “Public Submissions” that will be considered by the select committee. During this period. a bill is publicly available for the first time. Each bill must include an explanatory note about its proposed change in policy.  First Reading: If the bill has sufficient legislative support it proceeds to First Reading. Committee of the Whole House. Third Reading and Royal Assent.  Select Committee: If a bill has sufficient support during First Reading it will be referred to a select committee. The select committee 39 . These bills. Bills go through as many as seven stages of consideration: Introduction. a one. (See Appendix E for “How Parliament Makes a Law”). which calls for a reading of its title. the member that sponsored the bill begins the debate. (See Appendix F for more information about Public Submissions). These entities pay a small administrative fee to bring bills that affect their area before the House.parliament.
the bill is either defeated or referred to the Committee of the Whole House.” Thus.also considers amendments and hears evidence. It is not a debate in the conventional sense.  Royal Assent: The Sovereign’s representative. upon the advice of the Prime Minister signs the bill into law or rejects the legislation. the Governor-General. At this point. namely to represent the people and provide an adequate check on the executive branch. Amendments submitted at this time that include “major policy changes” may be challenged as being unavailable for “adequate scrutiny.  Second Reading: Second Reading occurs following a bill’s reporting and includes the main debate (begun by bill sponsor) and consideration of amendments for the bill. Debate at this stage includes five minute speeches. a detailed review and proposed amendments to the bill. New Zealand’s unicameral legislature provides a view of a working legislature that illuminates the strengths and weakness of the unicameral system in performing its central functions. The legislative 40 . but rather a “summing up” of the bill. Amendments that did not have unanimous agreement in the select committee are subject to further review and consideration on the floor.” instead of offering them on the floor. If a bill is agreed to at Third Reading. The select committee then has six months to complete a report that will be submitted to the full House. In the Committee of the Whole amendments may be broken out into smaller bills and given new titles. members typically offer proposed amendments at Select Committee stage in “supplementary order papers. Amendments that were unanimous in the select committee become part of the bill.  Third Reading: Third Reading provides members with their final opportunity to review and “debate” the bill in its final form.  Committee of the Whole House: The entire House of Representatives is considered the Committee of the Whole. it has been enacted by the House.
a state with an enormous and diverse population. By contrast. most importantly will the benefits outweigh the costs? 41 . and how many members would serve in the new unicameral legislature? Would citizens continue to elect members in the same fashion. or some variation of those systems. and buck passing. expertise and legislative oversight. however. or would a MMP (Mixed Member Proportional) or PR (Proportional Representation) system. can a unicameral legislature be transplanted in California. in addition to less transparency. the strength of the bicameral system is its greater deliberations.values which have generated responsive and accountable legislative systems in Nebraska and New Zealand. comes at a price. numerous interests and extensive economic woes? Is the goal to increase legislative oversight and influence compared to the executive? How would new unicameral districts be drawn. The unicameral system may lack effective oversight of both itself and the executive branch. provide better representation? How long would legislative terms be? How long would it take for an entirely new legislative body to organize itself? Will a unicameral system be able to effectively oversee the eighth largest economy in the world? What is the cost of shifting to a unicameral system. Important questions must be asked as a part of this debate in California about adopting a unicameral legislature. The history of unicameralism in the United States. Conclusion This report provides a starting point in the debate of whether California’s legislative process should be changed from a bicameral to a unicameral system. and. Either system. arguments levied for and against both bicameral and unicameral systems and detailed examinations of both Nebraska and New Zealand’s unicameral legislatures provide a fairly comprehensive picture of how unicameral legislatures might operate here. What is the goal of instituting a unicameral legislature to California? Is it to improve representation by reducing gridlock? If so. log-rolling. and the bicameral legislature may witness greater gridlock.procedures adopted in New Zealand provide examples of some features that California reformers should contemplate during consideration of proposals for a unicameral legislature. transparency and efficiency -. The strength of the unicameral system is its simplicity.
3 (1942-1943).org/fed/federa62.com. Joshua. “California Renovation. Bawn. Bruce.htm Federalist 63. University of California. Berkeley (1995). Berens. “A House Discarded. 2011. David W. http://press-pubs. 1788. One House: The Unicameral’s Progressive Vision for Nebraska. Queries and Remarks respecting Alterations in the Constitution of Pennsylvania (1789). Noll. Gaines. published March 1. University of Nebraska Press (2005).constitution. Constitution Revision Commission.com/sacramento/california-renovation/content?oid=1015956 Gillligan. 33 Economic Inquiry 383 (1995).org/fed/federa63. Cain and Roger G. Rev. Bruce E. ed.newsreview.examiner. Charlyne. University California. City L. June 18. 42 . and Brian J. Kathleen.edu/Founding Fathers/documents/v1ch12s25.Works Cited Ansolabehere. Kan. Second Edition (2008). http://www. “Constitutional Revision in California: The Triumph of Amendment Over Revision. Benjamin. 11 U. ed. State University of New York. Albany (2006). California. Democracy by Initiative: Shaping California’s Fourth Branch of Government. Berkeley (1995). 2009. 88 American Political Science Review 829 (1994). G. Center for Govenmental Studies. Shanto Iyengar. Institute of Governmental Studies Press. Daniel B. Cain. published February 27.htm Franklin.” Constitutional Reform in California: Making State Government More Effective and Responsive. Noll. Cameron.” The Sacramento Liberal Examiner. http://www. April 18. “Should California’s Legislature Go Unicameral?. Unicameralism.” Constitutional Reform in California: Making State Government More Effective and Responsive. Williams. Steven. and Nicholas Valentino. http://www. Institute of Governmental Studies Press. Cosmo.constitution.com/liberal-in-sacramento/should-california-slegislature-go-unicameral#ixzz1TtcZyRlk Carroll. Thomas and John Matsusaka.” Newsreview. Does Negative Advertising Demobilize the Electorate?. Bruce E.html Gavin.uchicago. “Reforming Representation in California. Final Report and Recommendations to the Governor and the Legislature 1996. Brady. ed. Cain and Roger G. Federalist 62. http://www. Deviations from Constituent Interests: the Role of Legislative Structure and Political Parties in the States. 1788. Adam Simon.” State Constitutions for the Twenty-first Century: The Politics of State Constitutional Reform. Alan Tarr and Rober F.
L.parliament. Rev. Parliament. Gary. 501(1991). House of Representatives. 43 . Martin. 77 Virginia Law Review 1413 (1991). Eu. House Research. October 7. House of Representatives. L.htm New Zealand. New Zealand. n. n. John.Guinier. 44 Loy. Nebraska Unicameral Information Office. L. http://www. E. Cambridge University Press (1987). 261 (1997). How Parliament Works. Rev. Our System of Government. “Running Scared.htm New Zealand. Unicameral or Bicameral State Legislatures: The Policy Debate (1999). Parliament..” The Economist. ed. Legislature of California v.economist. Parliament Brief: The Legislative Process.d.d.nz/enNZ/AboutParl/HowPWorks/FactSheets/6/1/5/00HOOOCPubResAboutFactSheetsProcess1Parliament-Brief-The-legislative. Ides. A Shifting balance: Parliament. n.htm New Zealand. n.com/node/325241.A. Allan. Matthew McCubbins and Terry Sullivan.” Congress: Structure and Policy. 3d 492.parliament.parliament. 21:2 Australasian Parliamentary Review (2006).nz/en-NZ/PB/Rules/StOrders/). Petitioning the House of Representatives. New Zealand. Guizan. Role of Parliament.nz/enNZ/AboutParl/HowPWorks/Role/6/b/3/6b3edec8013243e785cb6ecc1e6c8e6a. Julia Anne. 437 (2011). http://www. How Parliament Works. the Executive and the Evolution of Politics in New Zealand. 1999. Parliament Brief: Government Accountability to the House.d. 54 Cal. Approximating Democracy: A Proposal for Proportional Representation in the California Legislature. Is the California Civil Rights Initiative: A Wolf in Sheep's Clothing: Distinguishing Constitutional Amendment from Revision in California's Initiative Process. Lani. 31 Loy. http://www. Parliament. L. http://www. Jacobson. No Two Seats: the Elusive Quest for Political Equality. “A House Divided.d. Parliament.parliament. Office of the Clerk of the House of Representatives (2010).A.nz/enNZ/AboutParl/HowPWorks/OurSystem/1/8/e/00CLOOCHowPWorks111-Our-system-ofgovernment. http://www. Minnesota.
n. Charles.com/u/unitary-government/ Walters.S. https://www. July 1. http://explorepahistory.cia.” ExplorePAhistory. Weingast.d. Arthur. 533 (1964).cia.3d 336 (1990).gov/library/publications/the-world-factbook/index. Inc.html USLegal.edu/flr/vol36/iss2/5 Unruh. University of Nebraska Press (1972).. Ministry of Youth Development. https://www. Herzberg and Alan Rosenthal. Rev. Barry. 36 Fordham L. New American Foundation.php?storyId=1-9-3 A Unicameral Legislature in New York: A Review and Proposal.d. New York (2005).myd.” Daily Republic.uslegal.gov/library/publications/the-world-factbook/geos/nz. Action Guide Presenting a Submission to a Select Committee. Reynolds v. Shull.. Jesse. “Stories from PA History. Central Intelligence Agency. The Political Economy of Costs and Benefits: A Neoclassical Approach to Distributive Politics. New York. Foreword. http://politicalreform. n. 307 (1967). and Sarah Binder. Raven v. Nebraska Legislature (2011).fordham. Schlesinger. 377 U. Central Intelligence Agency. Deukmejian.d.Double Day & Company (1971). The Legislative Branch. n. http://ir.com/story. http://www.New Zealand.govt.com. “Unicameralism-The Wave of the Future” Strengthening the States: Essays of Legislative Reform. ed. “Time for One House for California Legislature. 44 . World Factbook. Smaller Legislative Districts = Better Representation (2009). 89 Journal of Political Economy 642 (1981).pdf O'Donnell.nz/documents/about-myd/publications/aotearoayouth-voices-toolkit/msd-14898-yv-toolkit-ag-psscp-web. Kenneth Shepsle. Donald G. Micah. Selected Rules of the Nebraska Unicameral Legislature. and Christopher Johnsen. Simms.net/blogposts/2009/smaller_legislative_districts_better_represe ntation-18430. Paul J. Detroit (1937). Detroit Bureau of Governmental Research.html United States.com. United States. 52 Cal. American Experience with Unicameral Legislatures. Patrick J. World FactBook Website. Quirk. Fighting Liberal: The Autobiography of George Norris by George Norris. Dan. Weinberg..newamerica. http://definitions. 2011. Oxford University Press.lawnet.
Kenny J. The Color of Representation: Congressional Behavior and Black Interests. 45 .Whitby. University of Michigan. Ann Arbor (2003)..
by telephone. 2011. by telephone. 46 . August 5. Clerk of the Legislature. 2011. University of Nebraska Professor. August 11. Patrick O’Donnell.Interviews Charlyne Berens.
18. The officers so elected shall hold such office for a period of two years. 17. (a) At the commencement of each regular session in oddnumbered years the Legislature shall nominate from the floor and elect by secret ballot the following officers: Speaker Chairperson of Committee on Committees Chairperson of Executive Board Vice Chairperson of Executive Board 6 Members of Executive Board (See footnote) Before the ballot is taken each person so nominated may make a public statement to the Legislature indicating what the Legislature may expect from him or her in the area of the responsibility of such office. Election of Officers Section 1. and 47 through 49. 19. O'Donnell Clerk of the Legislature Lincoln. and 45. 34. 21 through 32. 47 . 33. 15. and 46. 40 through 44. two from Legislative Districts 3 through 14. 2. Chairperson of Appropriations is nonvoting member. at which time the Legislature shall nominate from the floor and elect by secret ballot a Chairperson of the Executive Board for the balance of the original term. 20. 2011 RULE 1 – OFFICERS AND EMPLOYEES A.01. Speaker is member of Board. and two from Legislative Districts 16. the following shall apply: The Vice Chairperson shall serve as acting Chairperson upon the resignation or death of the Chairperson until the commencing of the next regular session of the Legislature. The Legislature elects two from Legislative Districts 1. Officers to be Elected. 35 through 38. RRS 50-401. 39. (b) In the event a vacancy occurs on the Executive Board. Nebraska 68509 Adopted January 12.Appendix A Selected Rules of the Nebraska Unicameral Legislature Published by Patrick J.
as approved. shall report to the Legislature the order in which bills and resolutions shall be considered on General File. Speaker. and 45. 17. the Legislature shall elect a Committee on Committees to consist of thirteen members. 2. a vacancy among the remaining six members of the Executive Board shall be filled by a majority vote of all members of the respective caucus from which the vacancy occurred. 31. III. The individual so selected shall serve for the balance of the original term. Distribution of material by Clerk. and four from Districts Number 16. 15. 14. Report Order of Bills. 16. Sec. General appropriation bills shall be given precedence over all other bills. a vacancy among the remaining six members of the Executive Board shall be filled by a majority vote of all members of the respective caucus from which the vacancy occurred. (b) The Speaker may. The individual so selected shall serve for the balance of the original term. postpone the scheduled reconvening of the Legislature for up to forty-eight hours when (1) an emergency exists due to adverse weather or other causes. Appointment of Committees. with the approval of the Executive Board. 20. or (2) a quorum cannot be assembled within one half hour after the time to which the Legislature was to have convened. Section 3g. Sec. Rule 2. Rule 2. 15. Section 3g. 21 through 30. 40 through 44. The Speaker shall preside over the Legislature at such times and circumstances as is above set forth. The Speaker's orders. Power to refer bill back to committee. 18. are final unless changed by a three-fifths vote of the elected members of the Legislature. During session. four from Districts Number 3 through 14. one at large who shall be chairperson. Upon the resignation or death of the Speaker during the session. Excuse attendance at committee hearing. 35 through 38. In the event there is a vacancy of the Vice Chairperson of the Executive Board during the interim. Sec. 32. subject to approval of the Legislature. Presiding. 34.Upon the resignation or death of the Speaker. a Speaker shall immediately be nominated from the floor and elected by secret ballot for the balance of the term. and 46. said position shall remain vacant until the next regular session or special session the Legislature convenes. During the interim. (a) At the commencement of each biennium. when sound judgment would so dictate. said vacancy shall be filled pursuant to Rule 3. Rule 6. 39. He or she shall be privileged to speak at any stage of proceedings at any time incident to the duties and responsibilities of his or her office. 2. Art. Signing of bills. and four from Districts Number 1. Sec. Const. Privilege. Section 4. 33. and 47 through 49. at which time a Speaker shall be nominated from the floor and elected by secret ballot for the balance of the original term. 19. during the interim. (a) The Speaker. 48 . subject to approval of the Executive Board. Section 8(c) until the commencing of the next regular session of the Legislature at which time the Legislature shall nominate from the floor and elect by secret ballot a Vice Chairperson of the Executive Board for the balance of the original term.
unless otherwise provided for by rule or by statute. appointments to the standing and select committees. the Committee shall meet and. no amendments shall be considered. in new and independent acts.(b) Immediately following chairmanship and Committee on Committees membership elections. (a) The select committees of the Legislature shall be as follows: Committee on Committees Enrollment and Review Reference Rules 13 members 1 member 9 members 6 members Enrollment and Review. the Vice Chairperson of the Judiciary Committee shall assume the duties of the Chairperson of the Enrollment and Review Committee. to correct erroneous division and hyphenation of words. by a majority vote of all its members. The Chairperson of Enrollment and Review shall report bills which have been engrossed for Final Reading and passage. The membership of all standing and select committees shall be appointed at the beginning of each session beginning in odd-numbered years and shall continue until the regular session in the next subsequent odd-numbered year. The Chairperson of Enrollment and Review shall have authority. in the new matter of amendatory acts. submit to the Legislature a final report for its approval. such report shall be returned to the Committee for further action. to capitalize or decapitalize words. Select Committees. and to change numbers from words to figures or from figures to words. by a majority vote of all its members. in standing committee reports. The bill drafting service shall have supervision of and provide legal services for the Enrollment and Review Committee. without being required to include the same specifically in his or her reports and recommendations to the Legislature. Once the final report is presented to the Legislature. to convert masculine or feminine referents to neutral gender when appropriate. by majority of the elected members. unless otherwise provided for by rule or by statute. Sec. and in General File. 4. each with the number of members as hereinafter set forth. RULE 3 report of the Committee on Committees. each with a number of members as hereinafter set forth. fails to adopt the final. 49 . In the absence of the Chairperson. If the Legislature. and specific amendments. submit to the Legislature a preliminary report of appointments to the remaining standing and select committees. in accord with accepted usage: To correct the spelling of words. Select File. On the following day the Committee on Committees shall meet and.
To reflect votes on Final Reading as they may occur pursuant to Rule 6. the Chairperson of Enrollment and Review shall also have the authority to add to the engrossed bill the standard clause or section. determines that a meeting should not be open to the public. No bill or resolution having been set for public hearing shall be withdrawn nor the hearing canceled within seven calendar days of the date set for said public hearing. When an amendment to add the emergency clause. (b) The chairperson of each committee shall set for hearing all bills and resolutions referred to the committee. adopt amendments thereto. 5(c)(iii). except as provided for in Rule 1. and the proceedings of which are not electronically recorded and transcribed. Sec. (a) Executive session shall mean any meeting or portion of a meeting which is closed to the general public. Sec. To add and/or delete names of introducers to reflect action on the bill while the bill remains in the possession of the Legislature at any stage of consideration. resolution. as the case requires. all other meetings of a committee shall be public unless the committee. Sec. (a) Committees shall consider and report without unnecessary delay all bills and resolutions referred to them. by a majority vote of all of its members. 50 . Section 17. Section 15. by publication in the Legislative Journal. due to rare and extraordinary circumstances. 14. or provide an operative date is adopted on Select File which does not spell out the standard clause or section and make the necessary change in the title. Committees shall be authorized to combine and to correlate the provisions of different bills and resolutions referred to them and related to the subject-matter jurisdiction of the committee. 13. Before taking final action on a bill. Executive sessions shall be open to members of the news media who may report on action taken and on all discussions in executive session. 16. Select File. in standing committee reports and in General File. and specific amendments. Consideration and Correlation of Bills and Resolutions. for the consideration of the Legislature. The meeting shall be reconvened in open session before any formal action may be taken. in a particular instance. (b) Except as provided in Rule 3. a committee shall hold a public hearing thereon and shall give at least seven calendar days' notice. Sec. but the records of which shall be available for public inspection. including members of the news media. Public Hearing. or gubernatorial appointment. and make the necessary change in the title as a matter of course without including such action in his or her reports and recommendations to the Legislature or making any special record thereof. Section 10 and Rule 6. unless the committee so provides. after the bill or pronouncement of the appointee shall have been printed. Executive Sessions and Closed Meetings. before taking final action on any bill or resolution. assigning to it the appropriate section number.To underscore or remove underscoring. Committees may. the severability clause. Notice.
If the committee action on a bill be to postpone indefinitely. make each paragraph a separate section except when to do so would be contrary to sound bill drafting practice. and other persons entitled to have bills drafted. are approved as to form and draftsmanship by the Bill Drafter. recommend that the bill be placed on General File or that the bill be indefinitely postponed. Drafting of Bills. A motion to raise must be disposed of by the Legislature within five legislative days after the motion is available for consideration or it shall be deemed defeated. III. No bills or major amendments shall be introduced or considered unless the same has been approved as to form and draftsmanship by the Bill Drafter. Content and Form of Bills. (a) In reporting a bill to the Legislature. After January 1 of each year no bill shall be drafted by the Bill Drafter unless requested or authorized by a member of the Legislature. or heads of executive departments. No bill shall be reported by the committee to be placed on General File unless the amendments. 51 . Sec. Indefinitely Postponed Bills. newly elected senators. A committee may reconsider any final action prior to the committee making a report on the bill or resolution to the Legislature. 13. 18. 2. Sec. A motion to raise cannot be amended to include any other bill or subject matter. a committee shall by vote of a majority of its members. No bill shall contain more than one subject and the same shall be clearly expressed in the title. the bill shall stand indefinitely postponed. in the drafting of new sections. and the section or sections so amended shall be repealed. This section index of bills drafted shall be available to all senators. RULE 5 – BILLS–GENERAL PROVISIONS Section 1. Not more than one bill shall be raised from committee on any one motion. if any. newly elected members of the Legislature. provided the reconsideration takes place within eight calendar days of the final action. Const. (a) A bill shall be designated as Legislative Bill ____. unless the new act contains the section or sections as amended. Style of bill. 17. In order to shorten the length of sections. A report on a bill or resolution must be made to the Legislature within eight calendar days after the committee has taken final action upon the particular measure. Sec. Art. The Bill Drafter shall prepare all bills and amendments in proper form when requested by members of the Legislature. the Bill Drafter shall. Report of Bill to Legislature. except that such bill may be placed on General File or referred back to the committee by a three-fifths vote of the elected members upon motion made within three legislative days after the committee makes its report to the Legislature.Sec. whether with or without amendments. No law shall be amended. or by a two-thirds vote of the elected members upon motion made more than three legislative days after such committee report. Final action shall mean an affirmative vote of a majority of the committee members to advance a bill to General File with or without committee amendments or an affirmative vote of a majority of the committee members to indefinitely postpone the bill. The Bill Drafter shall make available a continuing compilation of sections to which amendments are proposed so as to reduce unnecessary duplication of bills.
The Legislative Performance Audit Committee may designate as priority bills two bills resulting from a performance audit or involving the performance audit process. in writing. Introducers Signing Bills. (bills introduced in any special session shall start with the number 1) and shall be numbered consecutively as read by the Clerk. Bills introduced in regular sessions in even-numbered years shall start with the number following the number of the last bill introduced in the preceding regular session of an odd-numbered year. bills requiring reference shall be delivered to the Reference Committee. Bills on General File for which public hearings have not been requested will be handled as all bills on General File. unless an initial or name is necessary to identify the introducer.Sec. The last name and district shall be used. (a) Each senator may designate one bill as a priority bill. but the principal introducer must concur with the designation as a priority bill and with the withdrawal of the designation once made. or by the vote of a majority of the elected members. but the principal introducer must concur with the designation as a priority bill and with the withdrawal of the designation once made. Scheduling of Bills. Sec. (b) Those bills and resolutions placed on General File by the Reference Committee will be bracketed for five calendar days. and if one senator requests a public hearing on one or more of these matters. (a) Members shall introduce only such bills as they are willing to endorse and support personally. Such priority bill need not be the designator's bill. The Speaker may designate up to 25 additional priority bills. Any member may request to have his or her name added as cointroducer of a bill but only if the principal introducer has concurred. (a) Any member may object to the reference of any bill or other proposition. The designation deadline shall be prior to the 45th legislative day in the ninety-day session and prior to the 30th legislative day in the sixty-day session. Priority bill designations may be made at any time prior to the annual designation deadline which shall be set each year by the Speaker. they will then be referred to a committee. Objection to Reference of Bills. Sec. Sec. Each chairperson of those committees which are authorized to hold public hearings on bills may designate as priority bills two of the bills referenced to that committee and on which the committee has held a public hearing. (a) The Clerk of the Legislature shall read the number and the title of the bill and the name of the principal introducer as it comes up for consideration on General File. to that request. 5. RULE 6 – BILLS–STAGES OF CONSIDERATION Section 1. 52 . General File. and correction in case of error in reference may be made by the Legislature by unanimous consent. 4. bills shall be numbered consecutively starting with the number 1. 3. Introduction of Bills. Starting with regular sessions in odd-numbered years. Priority Bills. After introduction. 2. but the principal introducer must concur with the designation as a priority bill and with the withdrawal of the designation once made.
Each section shall be open to amendment. the bill is in such form that it should properly be referred back to committee for further action. shall be considered following the consideration of the standing committee amendments and any amendments thereto. unless proposed as part of a committee amendment. 53 . provided. Section 16. the bill shall be passed over and shall retain its place on the file. that a majority of the elected members may overrule the decision of the Speaker. and the introducer of the motion has made his or her opening remarks on the motion. provided. unless otherwise directed by the Speaker. except amendments which are substantially the same as any bill indefinitely postponed shall require a three-fifths vote of the elected members. After a motion to indefinitely postpone a bill has been offered. if made by the primary introducer of the bill. If. recommended by standing committees. such motion shall require the affirmative vote of a majority of the elected members. with the introducer present. Section 3 and Rule 1. Rule 1. he or she may by order direct the same. provided. In any event. At any stage of consideration of a bill. Any bill failing to receive 25 votes to be advanced to Enrollment and Review Initial after three attempts shall be indefinitely postponed. the Speaker may refer said bill to the Reference Committee who must refer the said bill to a proper committee for a public hearing. In the event a motion to indefinitely postpone a bill is made before the bill is read on General File. except as modified by the Speaker. such motions shall alternatively be passed by unanimous consent of the body. Speaker determine order of bills. require a majority of those voting. the principal introducer of the bill shall immediately be permitted to speak for five minutes on such motion. Any motion to amend a bill or any motion to amend an amendment shall require a majority vote of the elected members. If made by other than the primary introducer. the introducer shall first be recognized for ten minutes to move to advance and explain the bill. In the event a bill has become substantially a new and different bill by reason of amendments having been adopted. subject to the provisions of Rule 7. Section 17. that a majority of the elected members may overrule the decision of the Speaker. shall then be considered. in the opinion of the Speaker. a motion to bracket or to bracket to a day certain or to unbracket shall. if any. if any. The introducer's amendments. shall be placed by the Clerk at the bottom of General File if said introducer asked for further time. Other amendments and motions permitted by these rules may then be offered and shall be considered after the introducer has explained the bill in the order in which they are filed with the Clerk. there shall then be required a majority vote of the elected members. Following the reading of the title of the bill. any member may move that the bill be passed over once and if the motion is carried by a majority of those voting. During consideration of bills on either General or Select File. that any bill that comes up for debate for a second time. The amendments. Bills shall be listed and considered on General File in the order in which they shall be reported from the standing committees.
54 . When the Legislature considers bills on Select File.Sec. (b) A point of order to determine the germaneness of a specific amendment may be considered during a motion to return a bill to Select File for specific amendment. a majority of the elected members must concur. Bills when advanced to Enrollment and Review shall be reviewed for recommendations relative to arrangement. Select File. if the Enrollment and Review Committee returns a bill to Select File from engrossment. except an amendment which is substantially the same as any bill indefinitely postponed shall require a three-fifths vote of the elected members. the principal introducer of the bill shall immediately be permitted to speak for five minutes on such motion. Such amendment when considered may be adopted by a majority vote of the elected members. A motion to postpone indefinitely. Sec. any of the following motions shall be in order. Amendments recommended by Enrollment and Review shall not be read by the Clerk except upon the request of a member of the Legislature. A motion to adopt an amendment to a bill or an amendment to an amendment which shall require a majority vote of the elected members. A motion to recommit to the proper standing committee. No bill shall be voted on for final passage until: (a) After five legislative days following the introduction of the bill. Motions made pursuant to subsections b. phraseology. After a motion to indefinitely postpone a bill has been offered. Any bill failing to receive 25 votes to be advanced to Enrollment and Review Final after two attempts shall be indefinitely postponed. then only the specific Enrollment and Review Committee amendments may be considered. A motion to approve or reject any or all of the changes recommended by the Chairperson of Enrollment and Review. except amendments which are substantially the same as any bill indefinitely postponed shall require a three-fifths vote of the elected members. 4. Sec. 5. Advancement to Enrollment and Review from General File for such purpose shall require a majority of the elected members. and the introducer of the motion has made his or her opening remarks on the motion. and d hereof may be adopted only upon the affirmative vote of a majority of the elected members. (a) On a motion to return a bill to Select File for a specific amendment. 7. Enrollment and Review. 6. Return to Select File. Final Reading. c. No other amendment shall be considered when the bill is so returned. and correlation. Notwithstanding any other provision contained in this section. Sec.
the title of the bill will be read. Any bill returned to Select File for a specific amendment. it shall be in order to move: To recommit the bill to Enrollment and Review to correct an error and for reengrossment. motion. III. Sec. then such bill and all amendments thereto will be read at large prior to the vote being taken.One legislative day after its reference to Final Reading. be readvanced to Final Reading without going through Enrollment and Review. If the Legislature confirms the Speaker's designation. Final Reading. or debate. (b) At any time before the roll call shall have begun on Final Reading of the bill. may if the amendment is rejected. The Speaker shall designate on the published agenda which bills will be considered for a vote without an at large reading. as amended. and the final vote will be taken with voting being held open for three minutes. To recommit the bill to Select File for specific amendment. If the motion on any bill fails to receive the support of three-fifths of the elected members of the Legislature. 8. The bill in its final form. with or without instructions. This vote shall be taken on each bill individually without amendment. Sec. (a) On Final Reading the bill shall be read at large with all amendments thereto before the vote is taken. A motion to so advance shall require the concurrence of a majority of the elected members. Const. unless three-fifths of all of the members elected to the Legislature vote to dispense with the at large reading under this section. Motions. which amendment may be adopted by a vote of a majority of the elected members. Art. shall have been available to members for at least one legislative day. 14. To recommit the bill to the proper standing committee. 55 .
Districts.Appendix B THE NEW CALIFORNIA CONSTITUTION ARTICLE II. Section 6. Approximating Democracy: A Proposal for Proportional Representation in the California Legislature. Rev. Section 4. The Election of Representatives. combining district and regional representatives. shall be the equivalent of that party’s total share of the statewide open-party-list vote. A party’s total representation in the legislature. A party receiving less than 5 percent of the statewide open-party-list vote shall not be entitled to any proportionate share of representation in the legislature unless that party has also won at least three district contests in the same election. Regions. 437 (2011). Allan. If a party receives more district seats than its proportion of the statewide open-party-list vote. Legislature of the State of California. All representatives shall have equal status and equal voting rights in the legislature. The state shall be divided into twenty regions of equal population. Section 7. 44 Loy. The legislature shall consist of 320 representatives and such additional representatives as may be required by Section 7 of this Article. open-party-list system. Composition of the Legislature. L. 5.A. that party shall retain those district seats but additional representation in the legislature will be awarded to other parties in order to achieve each party’s proportionate share of the seats. Distribution of Seats. L. Section 3. District representatives shall be elected through a single member district plurality or majority electoral system. The state shall be divided into 160 districts of equal population. Representatives. THE LEGISLATIVE BRANCH Section 1. Each region shall be entitled to eight regional representatives. Members of the legislature shall be known as representatives and shall serve four-year terms commencing on the second Monday in January following their election. The legislative branch shall consist of a single chamber entitled the legislature of the state of California. New California Constitution from Ides. Section. 56 . Regional representatives shall be elected through a proportional. Each district shall be entitled to one district representative. Section 2.
087.751.372.032 401.291 Presidential National Assembly of Cape Verde National Assembly of the Central African Republic National Assembly of Chad National People's Congress of the People's Republic of China Legislative Yuan of the Republic of China (Taiwan) Assembly of the Union of the Comoros Parliament of the Cook Islands 516.325.015 23.338.635 Parliamentary National Assembly of Burkina Faso 16.967.969 757.504.718.576.529.683 11.667 Type of Government Parliamentary National Assembly of Angola 13.162 Presidential Parliament of Croatia National Assembly of People's Power of Cuba 4.071.373 Presidential Jatiyo Sangshad of Bangladesh National Assembly of Benin Legislative Council of Brunei National Assembly of Bulgaria 158.994.120.336.027 10.890 Presidential Parliamentary Presidential/Parliamentary constitutional sultanate (locally known as Malay Islamic Monarchy) 7.124 Presidential Presidential (Prime Minister Appointed by President) Presidential/Parliamentary Communist Presidential/Premier Presidential Parliamentary Legislative Assembly of Costa Rica 4.975 Presidential/Parliamentary National Assembly of Azerbaijan 8.711.541 National Assembly of Armenia 2.455 Parliamentary National Assembly of Cameroon 19.562 Presidential National Assembly of Côte d'Ivoire 21.804 Presidential/Parliamentary 11.330 Communist House of Representatives of Cyprus 1.Appendix C Unicameral Nations Assembly of the Republic of Albania Population 2.570.489 Presidential Folketing of Denmark 5.758.945 1.779 794.888 Parliamentary/Monarchy House of Assembly of Dominica National Assembly of Djibouti 72.483.100 4.074 Parliamentary Presidential (Prime Minister Appointed by President) 57 .093.950.535 9.
632 Presidential/Parliamentary Supreme Council of Kyrgyzstan 5.220 Presidential Council of Representatives of Iraq 30.760.225 National Congress of Honduras 8.052 Presidential/Parliamentary Knesset of Israel National Assembly of Kenya House of Assembly of Kiribati Supreme People's Assembly of North Korea 41.791.399.177.572 Presidential/Parliamentary 7.934 100.874 Presidential/Parliamentary Parliament of Ghana 24.564 Presidential National Assembly of Hungary 9.343 Presidential Legislative Assembly of El Salvador Chamber of People's Representatives of Equatorial Guinea 6.473.009 Presidential/Parliamentary 1.484 Presidential/Parliamentary Presidential (transitional government) Riigikogu of Estonia 1.891.007.754.250 Presidential/Parliamentary National Assembly of The Gambia 1.143.860 Presidential Parliament of Georgia 4.825.463 Presidential National Assembly of Guinea National People's Assembly of GuineaBissau 10.743 Presidential Presidential/Parliamentary 24.585.587.259.774 Presidential National Assembly of Eritrea 5.768 Presidential/Parliamentary National Assembly of Guyana 668.492 Communist/Dictatorship 48.071.797.070.939.601.963 Parliamentary Parliament of Finland 5.062 Presidential/Parliamentary 311.677 Presidential/Parliamentary 744.National Parliament of East Timor (Timor-Leste) National Assembly of Ecuador 1.282.834 Presidential/Parliamentary 15.443 Presidential/Parliamentary National Assembly of the South Korea 58 .058 Presidential/Parliamentary Althing of Iceland Islamic Consultative Assembly of Iran 77.657 Presidential/Parliamentary Assembly of Kosovo 1.976.824.596.136 Presidential/Parliamentary Congress of Guatemala 13.457.073 Presidential/Parliamentary Parliament of Greece 10.
717 Parliament of Moldova 4.333 Presidential/Parliamentary 1.879.290.143.301 Presidential National Assembly of Niger Assembly of Niue 16.999 National Assembly of Mauritius Congress of the Federated States of Micronesia Parliament of Montenegro Assembly of the Republic of Mozambique Constitutional Monarchy Presidential 67.211 Communist Saeima of Latvia 2.159.077.302 2.347 Parliamentary National Assembly of Nicaragua 5.708 Presidential/Parliamentary Parliament of Lebanon 4.547 503.477.883 Presidential/Parliamentary Parliament of New Zealand 4.311 Presidential/Parliamentary Parliamentary 59 .391.318 Presidential/Parliamentary 661.314.595.807 Presidential/Parliamentary 22.101 Presidential/Parliamentary General People's Congress of Libya 6.597.535.468.960 Authoritarian State Landtag of Liechtenstein Seimas of Lithuania Chamber of Deputies of Luxembourg Parliament of the Republic of Macedonia National Assembly of Malawi Majlis of the Maldives National Assembly of Mali Parliament of Malta 35.133.182 State Great Khural of Mongolia Presidential/Parliamentary 15.628 Constitutional Emirate National Assembly of Laos 6.322 Presidential/Parliamentary 29.252 Legislature of the Marshall Islands National Council of Monaco Constitutional Monarchy 106.236 3.328 Presidential 14.948.886 1.904 Presidential/Parliamentary 408.666.836 30.539 Presidential Presidential/Parliamentary Presidential Presidential/Parliamentary Constitutional Monarchy 3.204.377 Parliament of Nauru Constituent Assembly of Nepal Presidential/Parliamentary 394.858 Presidential/Parliamentary 9.National Assembly of Kuwait 2.303.
363.913 Presidential/Parliamentary National Assembly of Suriname Parliament of Sweden 491.591 Parliamentary Congress of the Republic of Peru 29.462 Presidential 6.849 Constitutional Monarchy National Assembly of Panama National Parliament of Papua New Guinea 3.555 Presidential/Parliamentary National Assembly of Serbia National Assembly of Seychelles 89.771.993 105.502 Presidential Parliament of Sri Lanka 21.187.746.640 Presidential/Parliamentary Legislative Assembly of Southern Sudan 45.460.248.740.038 Presidential/Parliamentary 9.477.925.503 Parliament of Tuvalu 10.737 Presidential/Parliamentary National Council of Slovakia Transitional Federal Parliament of Somalia 5.691.620 Presidential National Assembly of Togo Legislative Assembly of Tonga Grand National Assembly of Turkey Assembly of Turkmenistan 6.047.310.Parliament of Norway 4.548 4.750 Presidential/Parliamentary National Assembly of Tanzania 42.760.943 Presidential/Parliamentary Assembly of the Republic of Portugal National Assembly of Saint Kitts and Nevis 10.088.161 Parliamentary National Assembly of São Tomé and Príncipe 179.989 9.669 Presidential Parliament of Singapore 4.612.314 Parliamentary Legislative Assembly of Samoa 193.785.916 78.728 Presidential Parliamentary Parliament of Syria 22.283.305 Presidential 50.517.544 Parliament of Uganda 34.997.188 Presidential Parliament of Sierra Leone 5.250 Presidential/Parliamentary Constitutional Monarchy Presidential/Parliamentary Presidential Parliamentary Presidential 60 .506 Presidential/Parliamentary 7.
707 National Assembly of Venezuela 27.134.549.336 Presidential 832 Presidential/Parliamentary Ecclesiastical Data from the CIA World FactBook Website https://www.cia.743 Presidential National Assembly of Vietnam 90.html 61 .881.635.390 Communist National Assembly of Zambia 13.Verkhovna Rada of Ukraine Pontifical Commission for Vatican City State 45.gov/library/publications/the-world-factbook/index.
Appendix D Copy of “PETITIONING THE HOUSE OF REPRESENTATIVES” 62 .
* At any of these steps. Reports to the House explaining recommendations. Royal assent  Governor-General assents to the bill becoming an Act of Parliament. a vote in the House can result in the bill being defeated Copied from the New Zealand Parliament Website http://www. Further amendments can be made.nz/enNZ/AboutParl/HowPWorks/FactSheets/6/1/5/00HOOOCPubResAboutFactSheetsProcess1-Parliament-Brief-The-legislative.htm 63 . Committee of the whole House   Detailed consideration of each clause or part. Recommends amendments. 3rd reading*  Final debate on whether it should be passed in the form emerging from committee of the whole House. Select committee amendments adopted.parliament.Appendix E How New Zealand’s Parliament Makes a Law Bill introduced  No debate 1st reading*  Initial debate Select committee    Hears public submissions. 2nd reading*   Main debate on the principles of the bill as it emerged from the select committee.
Appendix F Copy of “Action Guide Presenting a Submission to a Select Committee” 64 .

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