4 State Legislatures

Rhonda Wrzenski

Chapter Summary

As readers learned in Chapter 3, state legislatures are often afforded more power than their legislative counterparts at the federal level, where the balance of power is generally equitable. This chapter explores what legislators do with that power and who can become legislators. Students will also consider how differences in legislative professionalism influence political outcomes. How do factors like session length and salary affect who becomes legislators and the kinds of policies they make? A case study comparison will emphasize the degree of representation in state legislatures. Students will gain insight into the demographic distributions within legislatures and evaluate the general lack of diversity of legislators who serve.

Student Learning Objectives

Upon completion of this chapter, students should be able to:

  1. Identify the role of state legislatures in making state policy, passing the state budget, providing agency oversight, approving gubernatorial appointments, and offering constituency services.
  2. Recognize the characteristics of state legislatures such as term length and chamber size and how these compare between the states and with the legislative branch at the federal level.
  3. Evaluate key characteristics of state legislators (e.g., occupation, sex, race, sexual orientation) and compare lawmakers to the constituents they serve.
  4. Assess institutional differences between state legislatures across the country (including professionalization, salary, staff, and session length).
  5. Understand the fundamentals of lawmaking, including the process through which a bill becomes a law.

Focus Questions

These questions illustrate the main concepts covered in the chapter and should help guide discussion as well as enable students to critically analyze and apply the material covered.

How have term limits impacted the behavior of state legislators in expected and unexpected ways?

What are the general characteristics of individuals serving as legislators, and why are some features more beneficial for serving in the state legislature?

How does a bill become a law?

What role do state legislatures play with the other branches of government and other outside political actors, like interest groups?

Why does professionalism matter in state legislatures? What differences might we expect to see in legislation from a part-time state legislature with citizen legislators compared to a professionalized legislature?

What Does a State Legislature Do?

State legislatures have a variety of responsibilities to perform within our democracy, and the most prominent are lawmaking, passing the state budget, interbranch oversight (i.e., checking the power of the executive branch and reviewing its operations), and serving constituents. Keep reading to learn what each of these functions involves.

Lawmaking

The central purpose of state legislatures is to make and pass the laws that will be enforced and interpreted by the other branches of state government. State legislatures are the policymaking workhorses within each of the fifty states. They often serve as the testing grounds for controversial policies where the federal government may have yet to pass a national law or to impose a judicial ruling or where the issue may have been deemed one better addressed by the individual states versus a federal mandate. For example, prior to the 2015 US Supreme Court ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide and ruled statewide bans unconstitutional, states made their own policies on whether to legalize same-sex marriage.[1] In some states, domestic partnerships or civil unions were permitted as an alternative to legal marriage, while in other states laws or amendments were passed to state constitutions either banning or legalizing the practice.[2] However, if the federal mandate in Obergefell v. Hodges were overturned by a subsequent US Supreme Court ruling, the policy landscape would return to the legal landscape set by the states.

In other cases, states may weigh in on issues that are deemed too politically polarizing by members of Congress given that one political party often controls both chambers of the state legislature and even the governorship, making policy easier to navigate through the legislative process.[3] For example, in 2024, only Pennsylvania had divided legislative control, where one party holds a majority of seats in the state house and a different party holds a majority of seats in the state senate.[4] In addition, as of 2025, fewer than one out of every five states exists under a framework of divided state partisan control, where at least one chamber of the state legislature and the governorship are controlled by different political parties.[5] Contrast this with the condition of unified government (i.e., where the same party controls the state house, the state senate, and the governorship). How unified or divided state governments are can have consequences for legislative productivity and policy creation. For example, research by Hicks and Smith found that legislative productivity, as measured by the total number of bills enacted, is far greater under unified legislative control.[6] Other scholars have pointed to policy differences between states dominated by Republican lawmakers and those with Democratic supermajorities (i.e., a classification generally used when the majority party holds enough seats to override a gubernatorial veto without any help from members of the opposing party).[7] For instance, one group of researchers found that the policy response to the COVID-19 pandemic varied by which party was in control of the state government. States under Republican leadership tended to implement fewer mitigation efforts, which resulted in higher COVID-19 infection rates and deaths in 2021.[8]

Finally, the US Constitution has reserved some powers specifically to the states like conducting elections. As such, state legislatures make decisions regularly around provisions like whether voters are automatically registered to vote when they turn eighteen, whether felons can have their voting rights restored after completing their prison sentences, and whether voters can register to vote on Election Day, can vote early, or can vote by mail.[9]

State governments also write bills on everyday operations pertaining to transportation, education, health care, public welfare, parks, and police protection, among other areas. Although these areas may not always generate headlines, they provide services that citizens rely on and use regularly, from public education to public roadways. Please refer to the section “How Does a Bill Become a Law?” to see how state laws are made. Chapters 8, 12, and 13 will also provide more insight into what areas of everyday life are affected by state legislation.

Passing the State Budget

When lawmakers pass bills (i.e., drafts of laws) pertaining to these everyday operations, they also need to concentrate on how they will be funded. In other words, another critical task of state legislatures is to provide appropriations (i.e., when lawmakers determine what will be spent in a given fiscal year on the programs and agencies of government that require funding to operate). State governments are also responsible for allocating a portion of funds to support the operation of federal programs like Medicaid within the state and for performing other services like snow removal in the winter or pothole repair in the summer.

With a few exceptions, most states operate their fiscal years from July 1 through June 30 and are required to balance their budget.[10] As you read about in Chapter 3, this requirement is often due to provisions within a given state’s constitution. Balancing the budget means state legislators must balance their incoming revenue from taxes and fees with outgoing expenditures.[11] Since states cannot anticipate the timing of natural disasters or recessions, many work to protect themselves from the fiscal impact of these events by setting aside rainy-day or budget stabilization funds (i.e., a fund where states can place year-end surplus revenue, if present, to offset the need to increase taxes or cut spending in an economic downturn).[12] States with healthy balances in these accounts tend to have higher government credit scores by credit rating agencies such as Moody’s and S&P Global and may be seen as more fiscally secure by investors. In contrast to most state governments, the US Constitution does not contain a balanced budget provision, so Congress can accrue a deficit (i.e., when government spending exceeds projected revenue from taxes or other sources of income).

State budgets are passed by state legislatures either yearly or every two years. State legislatures share budgetary responsibility with the state executive branch. The process begins when state finance agencies, such as the Bureau of Motor Vehicles or the Department of Natural Resources, give a forecast of potential revenue for the upcoming fiscal year. This gives the governor an idea of how much the state government will collect from fees and taxes, and this information helps the governor create a budget proposal. In crafting this proposal, governors review and take into consideration the funding requests by state agencies. In addition, the governor will consider their own legislative priorities and those of citizens in their state who may voice their own needs by calling, sending letters, or emailing the governor’s office or using an interest group to advocate on their behalf. The governor then submits their budget proposal to the state legislature for consideration, at which time the legislature will hold committee hearings on the budget and provide opportunities for public comment or critique.[13]

Ultimately, differences between the state house and state senate versions of the budget bills will be worked out in a conference committee (i.e., a committee that resolves differences between the state house and the state senate versions of the same bill), and once both chambers pass the budget it will be submitted to the governor to either sign or veto (i.e., when the governor rejects a bill proposed by the state legislature).[14] If the governor signs the bill, the process concludes. Alternatively, if the governor vetoes the bill, the legislature can attempt to override the action, generally with a supermajority vote (i.e., a two-thirds or three-fifths vote of the chamber membership) required.[15] If state legislators cannot muster the votes needed to override the governor’s veto, they will need to work with the governor to make further amendments and modifications to the legislation to address the governor’s objections and to pass a newly approved budget for the governor to sign.

Executive Branch Oversight, Approving Executive Appointments, and Impeachment

The state legislature not only has a role in passing a budget to fund the operation of state agencies; it also is charged with overseeing them and ensuring they are functioning properly. This shared function is the result of the division between the legislative branch, which is responsible for the creation of legislation, and the executive branch, which is tasked with its implementation. It is the role of the state legislature to ensure that the laws they passed are being implemented correctly and that there is no abuse or misappropriation occurring. As such, legislatures can hold hearings, conduct investigations, provide evaluations, or audit bureaucratic agencies and officials in the performance of their duties.[16]

Although these duties are important to ensure the effective operation of government, they tend to initiate pushback from lobbyists (i.e., individuals who work to influence public officials) and interest groups (which are groups of individuals that organize around specific concerns or causes to try to influence public policy); those benefiting from the policies, programs, or laws currently in place; or even from government bureaucrats.[17] Pushback is logical if agency budgets are threatened or the necessity of a program is questioned in the wake of an audit, investigation, or hearing. The potential for resource cuts or employment losses can spur lobbyists or interest groups into action to defend the threatened industries or agencies. Others may push back against oversight because they prefer the status quo to the uncertainty a change in policy or procedure might bring. In addition, given that several states have term limits, performing ongoing oversight can be challenging, as lawmakers turn over, retire, or run for office elsewhere.

Besides overseeing government agencies, the state legislature is also responsible for checking the powers of the executive in two critical ways. First, in some cases, the state legislature can confirm the appointments or nominations of the governor to key executive or judicial positions. Depending on the official, these confirmations can require approval by either house, both houses, or only the state senate.[18] The positions a governor can submit nominations for vary by state, as some key executive officials are elected by the people across most states (e.g., attorney general, treasurer, secretary of state), while others are subject to a gubernatorial appointment.[19] These differences will be discussed further in Chapter 5. In other cases, there is no role for the legislature in the approval process, as the appointment is approved by a council, departmental board or commission, or agency head.[20]

Second, the legislature can impeach the governor in every state except Oregon, where there are no provisions for impeachment. The power to initiate the impeachment process resides in the state house in every state apart from Alaska, Nebraska, and Oklahoma. In these states, this power is exercised by the state senate. Once the impeachment process has been initiated, states vary somewhat on who conducts the impeachment trial, although roughly 90 percent of the states provide for the state senate to exercise this power. This is much like Congress, where the lower chamber (i.e., the US House) brings the articles of impeachment, and the upper chamber (i.e., the US Senate) conducts a trial around those changes. From there, as with the federal government, the threshold to convict is high and generally requires a supermajority vote.[21]

Serving Constituents

Through lawmaking, budget approvals, and oversight of the executive branch, the ultimate function of state legislatures is to serve the people who live in the districts that state legislators are elected from (i.e., their constituents). The United States was founded on the principle of representative democracy, and as such, legislators depend on the votes of those in their district to get elected. To stay in office, legislators know they must maintain ties to their community, help constituents solve problems with the government, and stay attuned to their policy wishes and needs. Legislators would be wise to consider the needs of their constituents and the communities they come from when creating and passing laws and deliberating on public policy.

Legislators also devote staff resources to responding to constituent emails, letters, and phone calls. They act as an intermediary between the people and bureaucratic agencies that citizens may need help to navigate or to resolve conflicts with. For instance, they may assist a small business owner struggling to understand or comply with regulations around opening or operating their business. As another example, in the previous section (“Executive Branch Oversight, Approving Executive Appointments, and Impeachment”), you read about executive oversight, which can be another mechanism for constituent service. Through this process, citizens can bring complaints to state legislators when they are having trouble with the way laws are being enforced or believe an agency is not acting in good faith. State legislators may even help citizens navigate bureaucratic requirements or public policies enacted by different levels of government by directing them to the proper place for assistance, thereby reducing confusion and possibly expediting the time frame for resolution. Lawmakers may also work to secure grants or government funding for special projects in their district that could provide benefits to the citizens they serve. All this work helps the elected official claim credit come election time, but it is also expected of lawmakers, who have a duly elected responsibility to serve and help others.

What Are the Characteristics of State Legislatures?

At the state and federal levels, powers are divided between three branches of government (i.e., the legislative branch, the executive branch, and the judicial branch). This division was built into the United States Constitution and into our state constitutions to create a system of checks and balances (i.e., where each branch is given the means to limit the actions of the other branches) and to ensure a division of power among the various branches of government. At the federal level, the legislative branch (i.e., Congress) is made up of two chambers: the US House of Representatives and the US Senate. The state level mirrors this bicameral (i.e., two-chamber) arrangement. Across most states, the larger chamber is referred to formally as a state assembly or a state house, and the smaller chamber is referred to as the state senate.[22] Each chamber is composed of officials elected by the public. Forty-nine of the fifty states follow the federal legislature’s bicameral structure, with Nebraska being the only exception. Nebraska does not have a state house and conducts all legislative business within one chamber, a forty-nine-member state senate. This makes Nebraska the only unicameral (i.e., one-chamber) state legislature in the United States with all others operating as bicameral institutions. Nebraska is also unique in that it is a nonpartisan legislature, which means the party affiliation of a state senate candidate will not appear on the ballot, and the state senators will not be identified with party labels once in office.[23]

Although the structure is similar between the legislative branches of the federal government and state governments, there are some marked differences. Across the US, state house membership ranges from just forty elected officials in Alaska to a whopping four hundred in New Hampshire, while chamber size in the state senate ranges from twenty elected officials in Alaska to sixty-seven in Minnesota.[24]

Table 4.1 – 50 State Variation in Chamber Size and Legislative Term Length
Data Source: National Conference of State Legislatures. 2024. “Number of Legislators and Length of Terms in Years.” Table made by author.

State

Senate

House

Total

Number

Term

Number

Term

Number

Alabama

35

4

105

4

140

Alaska

20

4

40

2

60

Arizona

30

2

60

2

90

Arkansas

35

4

100

2

135

California

40

4

80

2

120

Colorado

35

4

65

2

100

Connecticut

36

2

151

2

187

Delaware

21

4

41

2

62

Florida

40

4

120

2

160

Georgia

56

2

180

2

236

Hawaii

25

4

51

2

76

Idaho

35

2

70

2

105

Illinois

59

4

118

2

177

Indiana

50

4

100

2

150

Iowa

50

4

100

2

150

Kansas

40

4

125

2

165

Kentucky

38

4

100

2

138

Louisiana

39

4

105

4

144

Maine

35

2

151

2

186

Maryland

47

4

141

4

188

Massachusetts

40

2

160

2

200

Michigan

38

4

110

2

148

Minnesota

67

4

134

2

201

Mississippi

52

4

122

4

174

Missouri

34

4

163

2

197

Montana

50

4

100

2

150

Nebraska

49

4

NA

NA

49

Nevada

21

4

42

2

63

New Hampshire

24

2

400

2

424

New Jersey

40

4

80

2

120

New Mexico

42

4

70

2

112

New York

63

2

150

2

213

North Carolina

50

2

120

2

170

North Dakota

47

4

94

4

141

Ohio

33

4

99

2

132

Oklahoma

48

4

101

2

149

Oregon

30

4

60

2

90

Pennsylvania

50

4

203

2

253

Rhode Island

38

2

75

2

113

South Carolina

46

4

124

2

170

South Dakota

35

2

70

2

105

Tennessee

33

4

99

2

132

Texas

31

4

150

2

181

Utah

29

4

75

2

104

Vermont

30

2

150

2

180

Virginia

40

4

100

2

140

Washington

49

4

98

2

147

West Virginia

34

4

100

2

134

Wisconsin

33

4

99

2

132

Also, in the legislative branch of the US federal government (i.e., Congress), US House members serve for two-year terms, and US Senators serve for six-year terms. The US House has 435 members allocated based on state population, and the US Senate has two senators per state for a total of 100 senators. However, at the state level, chamber size varies greatly among the states, and term lengths vary somewhat as well. Apart from Alabama, Louisiana, Maryland, Mississippi, and North Dakota, where state house members serve four-year terms, all other officials hold office for two years at a time.[25] Twelve state senates also have two-year terms for their senators, but the majority of state senates use a four-year term instead. This means that just like in the federal legislature, most states’ legislative branches consist of a larger state house where elected officials serve shorter terms and a smaller state senate where elected officials serve longer terms. However, in roughly one-third of the states in the US, state house and state senate officials hold office for the same length of time.[26]

It should be noted, however, that several states (please refer to Figure 4.1) set term limits in the state house and state senate, which means that a state representative or state senator is not permitted to serve more than a certain number of years (typically eight to twelve) either consecutively or over their lifetime.[27] This is a deviation from the US Congress, where term limits were deemed unconstitutional after a 1995 ruling in the US Supreme Court case U.S. Term Limits, Inc. v. Thornton.[28] In this case, the US Supreme Court ruled on whether state voters in Arkansas could alter their state constitution to set limits on the tenure of US House and US Senate members from their state. The US Supreme Court ruled that the stipulations for holding federal office spelled out in the US Constitution prohibited states from adopting different qualifications.[29] Thus, only an amendment to the US Constitution could create limits on the total number of years a member of Congress is permitted to serve. However, as you will read in Chapter 5, many states do set restrictions on the number of terms a governor can serve.

United States map showing which states have legislative term limites in place as of January 2025. The states with term limits are CA, NV, AZ, CO, MT, ND, SD, NE, OK, MO, AR, LA, MI, OH, FL, ME.
Figure 4.1 – States with Term Limits for Legislators
Data Source: National Conference of State Legislatures. 2024. “The Term-Limited States.” Map made by author.

Term limits were instituted in some states largely during the early to mid-1990s with the idea that they would enhance demographic diversity, increase electoral competition, and produce greater turnover as long-serving legislators would be pushed from office.[30] Term limit advocates hoped new officeholders would provide fresh policy solutions. They also hoped more open seats (i.e., an election in which the current officeholder [an incumbent] is not on the ballot and seeking reelection) would reduce the advantage of incumbents, thereby helping more women and minorities take the place of seats routinely occupied by White males.[31] However, research has shown either that term limits have not increased legislative diversity or that the relationship is complicated by other factors like the voting strength of the minority population in a given state.[32],[33] In addition, some scholarship has found that term limits have actually decreased voter turnout, perhaps due to the loss of incumbent name recognition.[34]

Contrary to the hopes of reformers, term limit opponents feared their implementation would reduce legislative productivity in a lawmaker’s final term and alter power dynamics. Research has provided evidence to support each of these concerns. For example, Fouirnaies and Hall found that lawmakers who can no longer seek reelection will sponsor fewer pieces of legislation, will be less active in committee, and will have higher rates of absenteeism during roll-call votes (i.e., recorded votes on bills, amendments to bills, etc.).[35] As another example, Moncrief and Thompson found that term limits have shifted the power structure by enhancing the influence of lobbyists and interest groups within the lawmaking process and increasing the influence of the governor and executive agencies relative to the legislative branch.[36] These outcomes may be attributed to the loss of policy expertise and lawmaking experience among officeholders in term-limited legislatures.

Who Can Be a State Legislator?

Although state legislators often reflect the communities they come from in terms of their personal party affiliation or even their religious affiliation, this is where the similarities tend to end. State legislatures across the US have a disproportionately high percentage of male state legislators compared to the populations they serve.[37] In addition, elected lawmakers are more likely to be White as opposed to another race or ethnicity.[38] As such, state legislatures do not reflect the broader populations they serve in terms of demographic features. The underrepresentation can be quite stark. For instance, African Americans make up less than 10 percent of the roughly 7,500 state legislators serving in the US, and only 13 Republican state legislators were Black in 2021.[39] Meanwhile, African Americans constitute roughly 13.5 percent of the total US population according to Census estimates.[40] As another example, in 2025, women made up just 32 percent of all state legislators across the United States even though they represent 50.4 percent of the total United States’ population according to Census estimates.[41],[42]

However, these averages can gloss over the broad variation in gender and race across the fifty state legislatures. Currently, women make up just 9.7 percent of the total seats in the state legislature in West Virginia, while in Nevada more women serve than men, with women making up 61.9 percent of all state legislators.[43]

United States map showing the percentage of women legislators serving in the State House and State Senate. 2 states have 0-14% women. 8 states have 15-24% women. 18 states have 25-34% women. 19 states have 35-49% women. 3 states have 50% or above.
Figure 4.2 – Women in State Legislatures
Data Source: National Conference of State Legislatures. 2025. “Women in State Legislatures for 2023–2025.” https://www.ncsl.org/womens-legislative-network/women-in-state-legislatures-for-20232025. Map made by author.

In recent years, organizations have begun to track the number of known LGBTQ members in state legislatures, and estimates by the LGBTQ Victory Institute are that there are, as of 2023, currently 226 openly LGBTQ state legislators in office. Their report concluded that LGBTQ representation has increased 18 percent since 2022 and that this is the largest number of state legislators that has ever served within the community. Yet even here, LGBTQ state legislators make up only 3 percent of the roughly 7,500 state legislators in the United States.[44]

The presence of public officials from underrepresented groups in state legislatures can lead to the introduction and passage of public policies that matter to women, families, children, and minorities.[45] It can also boost turnout in elections, increase feelings of trust in the government, and decrease feelings of political alienation if citizens see themselves reflected in the governments that are supposed to represent them.[46],[47] Racial and ethnic minorities, women, and members of the LGBTQ community who see themselves reflected in political institutions may maintain higher levels of political engagement or activism, may show more interest in the political process, or may even decide to run for office if they see politics as a profession that is open and welcoming to them.[48]

Besides demographic characteristics, state legislators tend to be retired or to serve in professions that have more flexibility and are more receptive to temporary absences. In some states, especially in less professional legislatures, state legislatures are in session for only a few months out of the year. As we will explore in the next section, the pay lawmakers receive in some states may also require that they have a profession outside of being a state representative or senator to support themselves and/or their families. As such, many state lawmakers are lawyers, business members, real estate agents, educators, health care professionals, or farmers.[49],[50] These careers may afford a state legislator the job flexibility necessary to serve for part of the year while still procuring an income to supplement their legislative salary. Given the costs of running for office, especially in more professional state legislatures, legislative candidates may find it easier to pursue public office if they have personal wealth or a network of volunteers or donors to assist in their campaign efforts. As such, state lawmakers may have more advanced education or may occupy higher income thresholds than the average citizen they serve.

What Are the Institutional Differences Between State Legislatures?

Just as legislatures vary regarding the term length of state lawmakers, the presence or absence of term limits, the degree of diversity among its membership, and the number of seats in each chamber, they also vary concerning the level of professionalism. Since the 1960s, many state legislatures have experienced increasing professionalization as time spent in session has grown and salaries or staff sizes have increased at least slightly.[51] The most basic categorization of state legislatures is that they are citizen, hybrid, or professional.[52] A citizen or part-time legislature is one characterized by a “short length of session, high turnover in membership, low salaries and minimal staff and facilities.”[53] A professional or full-time legislature will meet for roughly nine to twelve months out of the year, and it will tend to see less turnover as members desire to be reelected, have higher levels of job satisfaction, and have more resources to assist them in activities they can advertise and claim credit for during election years.[54] Lower rates of turnover are a result of these state legislatures offering more staff assistance and higher salaries relative to other chambers across the United States.[55] In a professional legislature, lawmakers will tend to see service as a desirable full-time career due to the number of months they are in session and given that their salaries curtail the necessity of holding another job to support themselves and their families.[56] This means that professional legislatures may attract more “qualified” legislators with histories of political service or with advanced degrees. A hybrid legislature is a composite of citizen and professional legislatures and may offer more benefits in some areas and fewer in others or may be somewhere in the middle of the spectrum on things like session length, with sessions lasting roughly four to five months out of the year.[57]

United States map showing the categories of levels of legislative professionalism. 13 states have citizen or part-time legislatures. 10 states have professional or full-time legislatures. 27 states have hybrid legislatures.
Figure 4.3 – Legislative Professionalism
Data Source: National Conference of State Legislatures. 2021b. “Full- and Part-Time Legislatures.” Accessed June 1, 2024. Map made by author.

Due to the characteristics of professional legislatures, these institutions may tend to act as a more coequal branch with the executive and will tend to have more institutional expertise and staffing to balance that of the governor’s cabinet relative to citizen legislatures. In addition, these legislatures have more staff to devote to lawmaking and constituency contact and more time to work on debating and passing bills given that they are in session for most of the year.[58],[59] This may allow professional legislatures to tackle more policy issues, address more complex policies, or be better aligned with statewide public opinion than those legislatures that are citizen in nature and meet for very brief windows of time.[60],[61] In addition, professional legislatures may see less demand for interest groups and the information that lobbyists provide as they can generate their own information using their enhanced staff resources and lengthier sessions to conduct independent research.[62] While citizen legislatures may lack some of these institutional advantages, their part-time nature necessitates that state legislators spend more months out of the year actively living and working in their districts. This may help them stay more attuned to the citizens they serve and the problems they face, especially if they are, at times, handling constituent requests for aid personally due to a lack of staff. Citizen legislatures are also composed of lawmakers who, unless already retired or independently wealthy, must have occupations elsewhere. As such, the public may feel more connected to these governing bodies and may see them as less elitist. They may even be less cynical about their motivations for holding office given the lower salaries and the necessity of time spent away from the state capital.

How Does a Bill Become a Law?

As was discussed in the section “Passing the State Budget,” lawmaking is a key function of state legislatures across the United States. Every year, state legislators consider tens of thousands of bills, but most will not make it through the gauntlet that is the lawmaking process. Some bills may be introduced multiple times over the years before they are successfully passed into law, and others will never be signed into law even after repeated attempts at passage. Besides the state budget that must be passed yearly or biennially, ideas for legislation can originate from interest groups and the lobbyists that act on their behalf, concerned citizens in a lawmaker’s district, the wishes of the governor or other agency heads, or the personal interests and concerns of the state legislators and their staff.[63] States also get ideas for legislation from the laws that are passed in other states. It is not uncommon for policies to diffuse from one state to the next, especially in response to the laws of and rulings by federal government institutions, such as with the recent Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization that effectively overturned a woman’s right to an abortion.[64] The rapid diffusion of public policy can also be the result of pressing public policy needs like the public health crisis spurred by the COVID-19 pandemic or inflationary and other economic pressures that have caused the price of groceries and housing to go up significantly in a short period of time.[65],[66] In addition, interest groups and organizations like the American Legislative Exchange Council (ALEC), which you will read more about in Chapter 11, work with lawmakers across the US to disseminate policies on a range of issues. These organizations are credited with providing drafts of bills or “model legislation” that state legislators can modify and introduce during the legislative session. Interest groups can also play an invaluable role in providing information and testimony around legislation, especially in states where term limits can reduce the expertise of lawmakers or where short sessions and a lack of staff can limit the time to research or draft legislation.

The legislative process tends to follow roughly the same procedural steps across the entire United States. However, it is important to note that there is variation across the states in many areas, such as the total number and policy focus of committees in the state legislature, the degree of power exercised by party leaders within the state legislature, rules around how many bills can be introduced, procedures for legislative debate, and so forth. This chapter will use Indiana’s lawmaking process as a quick and general guide to how a bill becomes a law.

An idea for a law is drafted and sent through three readings before being sent to both legislative houses and possibly assigned a conference committee, and finally is sent to the governor for approval.
Figure 4.4 – How a Bill Becomes a Law
Source: “How a Bill Becomes Law” by Indiana Chamber of Commerce / Permission to duplicate granted.

To begin the process, there must be an idea for a piece of legislation from some individual or organization such as a lawmaker, an interest group, a constituent, or the governor. Then this idea must have a sponsor, which is a technical term for a state representative, or a state senator, or in some states, a committee that supports this idea and is willing to bring it for consideration by other lawmakers. Once a sponsor is secured, the bill must be drafted or created. From there, the bill may then be introduced and called for a first reading, where it will be read by title.[67] At this point, either the chamber leadership can elect not to assign it to a committee (i.e., a group of state legislators who are tasked with considering and making recommendations concerning bills), effectively killing the bill, or they can assign it to a committee for further review.[68] Legislative leadership may elect not to assign the bill to a committee for a host of reasons ranging from the issue being too polarizing to the matter needing further study. If the bill is assigned to a committee, the committee will then decide whether to act on it. This decision may reflect the broader agenda of the majority party and the committee chair or fiscal realities. If they decide to act, the committee will hold public hearings and gather information on the proposed legislation.[69]

After the committee has completed its work on the bill, it may either table the legislation (which postpones or ends consideration of the bill) or vote it out of committee. If a majority of the committee votes against the bill, it will be killed and will not proceed. Alternatively, if the bill is favorably voted out of committee and scheduled for a second reading, members in the house of origin (i.e., the chamber where the bill originated—either the state house or the state senate) can then offer amendments or proposals to alter (e.g., add language, substitute language) the bill. Votes are then taken for approval of the amendments and then of the bill itself. If the bill passes favorably, it may then be scheduled for a third reading in the house of origin, where amendments can again be offered and where the final bill will then receive another vote with everyone present. If the bill passes on a third reading, it will be sent to the other chamber (in all but unicameral Nebraska) to undergo the same steps in the legislative process.[70]

If amendments are made to the bill in the other chamber and the text of the bills is no longer the same, a conference committee will work to resolve the differences.[71] A conference committee may be composed of the relevant committee chairs, ranking committee members, or members of the party leadership. States vary as to the size and makeup of these conference committees. If one chamber agrees to the other chamber’s amendments or if the bill has not been changed in the other chamber, then the bill can go directly to the governor for their signature.[72] The governor can then either sign the bill into law, veto the bill, or do nothing, and the bill will become law without their signature.[73] If the governor vetoes the bill, the legislature can attempt to override the veto with a simple majority vote (i.e., one more than half of those voting) or with a supermajority vote depending on the state in question.[74] If the legislature can override the veto or if the governor signs the bill, then it will become law within the state.

Conclusion

This chapter reviewed the inner workings of the state legislature, from the roles and responsibilities performed by state lawmakers to how laws are made across the states. In addition, this chapter explored the many ways that state legislatures vary, from chamber size and term length to the level of diversity and professionalism within the chamber. These institutional differences can have important consequences for who represents you, for the types of laws you must follow, and for the power dynamics in play among the different branches of government. In the next chapter, you will explore these interbranch relationships even further as you examine the powers and responsibilities of the governor, the qualifications they must meet to be elected, and the conditions under which they serve the public.

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The Exciting Dynamics of State and Local Government by Rhonda Wrzenski is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.