Unicameral V Bicameral Pros and Con PDF
Unicameral V Bicameral Pros and Con PDF
Unicameral V Bicameral Pros and Con PDF
Bicameral:
Pros and Cons
Table of Contents
Introduction
I. Unicameral v. Bicameral Systems: The Pros and Cons
A. The Quality of Representation
B. Political Stability
C. Accountability
D. Authority
E. Power
F. Decision-Making
G. Cost-Effective and Efficient Legislative Process
H. Custom and Precedent
II. Unicameralism in American History
III. The 1934 Argument for a Unicameral Legislature in Nebraska
IV. The Nebraska Unicameral Legislature: The Nations Smallest Legislature
A. How it Functions
i. Organization of Leadership and Committees
ii. Introduction of Bills and Committee Consideration
iii. Debate of Legislation
B. What Observers Say
V. Electoral Questions for a Unicameral California
VI. 20th Century Unicameral Proposals in California
VII. Recent Academic Studies
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. Neither reform, however, addressed the publics disenchantment with Californias
legislature, which the public holds in very low esteem only 16 percent public approval in
March 2011, up from 10 percent in September 2010. The legislature seems almost incapable of
solving the states major problems. Much of the blame needs to be put on the intense
partisanship in todays politics, but others argue that some of this can be attributed to the
inefficient structure of the states two house system.
A legislature should provide a direct, open and responsive link between citizens and the state. Its
purpose should be collective decision making and problem solving. It should filter complex
information using superior resources and expertise to provide constituents with well-defined
options and inspire citizens to appreciate common goals. Members of the legislature, aware that
their legitimate authority is derived from the consent of the governed, must represent both the
interests of their local constituencies and the interests of the state as a whole, a balance that can
often create tension even in the rosiest of times.
Californians have lost confidence that their legislature is effective. They are understandably
underwhelmed by a legislative process characterized by influential campaign contributors,
lobbyists, gridlock, last-minute deal making and inattention to the needs of individual citizens.
As a result, citizens tend to ignore most of the legislatures work. An overhaul of the structure of
the state legislative body could begin to reverse this lack of confidence. An amendment to or
revision of the state Constitution to create a unicameral legislature to write Californias laws
could lessen polarization and increase efficiency in the capitol.
The California State Constitution allows voters to amend the state constitution through the
initiative process. The ability to revise the constitution, however, is entrusted jointly to the
legislature and the voters. 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.
4
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, and to resolve any
reasonable doubts in favor of its exercise . . . .3 In very rare cases, however, the court has
declared a voter-approved amendment to actually be an unconstitutional revision.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, by definition, a revision.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. Given the current political climate, the possibility
that these events would occur, particularly the required legislative action, is minute. A major
scandal or governmental crisis could alter the political environment and provide fertile soil for a
unicameral debate to flourish.
Center for Governmental Studies, Democracy by Initiative: Shaping Californias Fourth Branch of Government.
Second Edition (2008), 207.
2
Guizan, Julia Anne, Is the California Civil Rights Initiative a Wolf in Sheep's Clothing: Distinguishing
Constitutional Amendment from Revision in California's Initiative Process, 31 Loy. L.A. L. Rev. 261, 267 (1997).
3
Legislature of California v. Eu, 54 Cal. 3d 492, 501 (1991).
4
Raven v. Deukmejian, supra, 52 Cal.3d 336, 276 Cal.Rptr. 326, 801 P.2d 1077.
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. Proposition 140 enacted legislative term limits and imposed
a 40% cut on the legislative budget, but the California Supreme Court did not deem it to be a constitutional revision.
Although not unprecedented among the states -- the Nebraska legislature has been a unicameral
body for almost 75 years -- such a change in Californias 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 possibilities are intriguing for the average citizen:
Proponents of unicameral systems maintain that legislative districts would be smaller, legislators
more attuned to their constituents needs, the legislature less expensive to operate, and public
business would be conducted more efficiently and transparently. Moreover, they argue further,
the 1964 proclamation in Reynolds v. Simms, that the Equal Protection Clause of the Fourteenth
Amendment to the United States Constitution requires legislative districts be apportioned on the
basis of population, removed much of the historic justification for two house legislatures in the
states.6
This paper presents the pros and cons of a unicameral legislature. The first section begins with a
comparison of the arguments made by proponents and opponents of such a system. The second
section presents a brief history of unicameral bodies in the United States. The third section
discusses the debate leading up to and the reasoning behind Nebraskas adoption of its current
legislative structure. The fourth section discusses how Nebraskas unicameral body actually
works, based on interviews with the long-time chief clerk of the legislature and a scholar who
has studied and observed its workings. The fifth section explores some questions that must be
considered by policymakers considering a shift from a bicameral to a unicameral legislature. The
sixth and seventh sections provide a sampling of proposals to abandon Californias bicameral
legislature in favor a unicameral legislature and recent academic proposals for a California
unicameral legislature. The final section describes the unicameral legislative process in New
Zealand.
including both the most populous (the Peoples Republic of China) and the least populous (the
Vatican City).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. Some, but not many, unicameral
legislatures have adopted a quota system to guarantee that certain minority groups are provided
with adequate representation.
Bicameral legislatures are featured in federal systems where power is disbursed among power
structures, such as federal, state and local governments. The people are represented in both an
upper and lower house. Representation in lower houses is usually based on a proportional
division of the population to create districts; thus, each member represents nearly the same
number of citizens. There is greater variation in how upper houses represent the people.
Members of upper houses may be elected either through direct or indirect elections, appointed, or
inherit their positions. Representation in upper houses is usually based on subdivisions that may
be drawn based on regional divisions, as with the United States Senate. Chamber responsibilities
and authority varies among nations.
We will compare of the efficacy of unicameral vs. bicameral legislatures by focusing on:
Quality of representation
Accountability
Stability
Authority
Power
Decision-making
Political tradition
is vested with the central government and governance is conducted by it. The central government will stay supreme
even if powers are delegated to regional governments. The United Kingdom is an example of a nation having a
unitary system of government. USLegal.com. http://definitions.uslegal.com/u/unitary-government/
8
Wikipedia, http://en.wikipedia.org/wiki/Unicameralism/
Quality representation requires legislators to take into account the policy preferences and
interests of their constituents and to develop policies in accordance with those interests.9
Unicameralists argue that having an upper and a lower house in state legislatures is
unnecessarily duplicative because the legislators serve essentially the same populations. They
maintain that a unicameral system simplifies the legislative process, allows greater transparency,
brings representatives closer to their constituents and reduces the power and influence of money
and special interests. The public benefits in unicameral systems because its simpler legislative
process can be more easily observed and understood, allowing citizens a greater possibility of
participating in it. Unicameralists point out that minority representation in any such body is
dependent on the quality of the institution and not on the number of chambers.
Bicameralists counter that legislators in the two houses serve different districts and therefore
different constituencies. In a bicameral system, ones representatives may include members in
two houses from different parties, who serve on different committees, have different
relationships with communities and different life experiences to draw on. These features, they
argue, create a legislative system that is more responsive to the political interests of diverse
communities. Further, providing the electorate with more than one representative gives
constituents more opportunities to connect with any one of their representatives. They point to
the Founding Fathers goal of adopting a bicameral system to thwart the tyranny of the majority
and balance opposing political interests. They suggest that the complexity of the bicameral
system creates additional barriers against the influence of special interests by forcing those
interests to gain the support of larger numbers of political leaders.
Whitby, Kenny J., The Color of Representation. Congressional Behavior and Black Interests, University of
Michigan, Ann Arbor (2003).
B. Political Stability
The Founding Fathers created a dual chamber legislature because they envisioned a House of
Representatives filled with firebrands and a more staid Senate that cools the legislative tea.10
They intended to create a government with checks and balances and a legislature that was both
deliberative and responsive to the interests of the people. Whether a two-house or a one-house
legislative structure contributes to a more stable government (which ideally is both responsive
and deliberative) is an area of major disagreement.
Unicameralists point to Nebraska as proof that a unicameral legislature can be both deliberative
and responsive to the popular will resulting in stable sound government. Nebraskas four-year
legislative terms are overlapping. Half of the members, thus, are up for re-election every two
years. This type of electoral process results in legislative stability, because half the legislature,
knowing that voters will hold them accountable in the next election, is more responsive to public
opinion. The other half knows it seats are secure until the following election, allowing those
members to take a longer view of the legislative agenda, and resulting in a legislature that is both
responsive and deliberative.
Bicameralists argue that the legislative process was intentionally created to move slowly, and
with restraint, to accommodate the competing interests of the electorate and to provide stability
in the law. They contend that creating separate chambers that are elected at different times and
serve for different periods of time embodied these principles because one branch is structured to
act more quickly to reflect the changing mood of the electorate while the other is by design
deliberative. They point to Nebraskas system with its overlapping four year terms and rotating
elections and note that every election half of the electorate is disenfranchised. They also argue
against unicameral systems that require all legislators to stand for election every two years
because the legislature would thus be vulnerable to the mercurial whims of popular opinion.
10
Stewart, Charles III, Congress and the Constitutional System, The Legislative Branch, ed. Paul J. Quirk and
Sarah A. Binder, Oxford University Press (2005), chapter 1.
C. Accountability
An essential part of representation is providing the electorate with the means of holding their
legislature accountable for their legislative actions. This requires the legislative process to be
visible and open to public scrutiny.
Unicameralists argue that the simplicity of the legislative process in a single chamber provides
greater transparency and, by extension, accountability of legislative acts to citizens. This
streamlined relationship between the representative and the represented encourages legislators to
be more accountable to the people they serve. It also requires legislators to become individually
more responsible, since they know the buck stops with them, and that they must therefore
accept responsibility for their legislative actions. Unicameralists argue that the overly complex
nature of a bicameral legislature provides opportunity for members to pass the buck, or place
blame on the other house, in addition to frustrating efforts by constituents to place credit or
responsibility for legislative actions on the proper member or members. They point out that
bicameral legislatures provide fertile soil for legislative log-rolling, where members vote for bills
that they do not support to curry favor with other legislators, knowing that bills frequently die
in the other chamber. Finally, they disparage conference committees which effectively remove
legislative decisions from the rank-and-file members because the members on the floor cannot
amend conference committee reports.
Bicameralists contend that simplicity does not necessarily lead to greater transparency and
accountability. They argue that the bicameral system is significantly transparent because the
work of conference committees is open to public view and debate and therefore provides the
electorate with opportunities to hold the legislature accountable. If conference committees are
too powerful, they argue, the solution is to reduce the power of the conference committee, not
remove the second legislative house. In addition, the committee of one house may find problems
in a bill that the committee in the other house did not. They further argue that citizens in
Nebraska, home of the nations only unicameral state legislature, are no more well-informed than
their counterparts in other states. Further, the democratic process requires that responsibility be
diffused through collective decision-making. Bicameralists insist that log-rolling and other types
10
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.
D. Authority
Legislative authority provides members with the expertise, 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.
Unicameralists argue that the nature of bicameral systems dilutes legislative authority because it
splits decision-making between the competing principals of the two houses, multiple committees
and two sets of legislators. The slow-moving nature of a bicameral system thwarts decisionmaking and encourages rivalry and conflict among the members of the two chambers. On the
other hand, they say unicameral legislators feel beneficial pressure to acquire their own in-depth
expertise, since they cannot rely on a second chamber to catch their mistakes. Unicameralists
also say its legislators are checked and constrained by the electorate, judicial review and
executive veto.
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 contend that a unicameral legislature is inherently weaker,
because it has fewer committees, and provides fewer opportunities for members to develop
specialized knowledge which weakens legislative oversight of the executive branch. Further,
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. Finally, 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,
bicameralists maintain that legislative restraint, rather than greater legislative authority, is the
basis of democratic governance and it is inherent in a bicameral system.
11
E. 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.
Unicameralists contend that in a bicameral system power coalesces around a few members
(powerful party leaders, committee chairs and conference committee members), while power in a
unicameral legislature is distributed among the rank-and-file members.
Bicameralists argue that power in a unicameral legislature is unrestrained because it is
concentrated in one house with no additional legislative check. Bicameral legislatures do not
depend on legislators to keep themselves in check, but rather depend on the constitutional
protections provided by a dual-chamber legislature. They say that Nebraskas 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.
F. Decision-making
Legislative deliberation and decision-making is directly affected by the rules, procedures and
organizational structures developed by a legislative body.11 Bicameralists and unicameralists
disagree about what organizational structures create the most effective legislative decisionmaking environment.
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. Unicameralists believe that the
judicial and executive branch checks are sufficient to assure quality control over legislation.
They counter that the evidence does not support the argument that the additional check in a
11
Quirk, Paul J., Deliberation and Decision Making, The Legislative Branch, ed. Paul J. Quirk and Sarah A.
Binder, Oxford University Press (2005), chapter 11.
12
bicameral system improves the quality of legislation or safeguards against legislative errors. In
fact, 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. Finally, 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, end-of-session decisions that are not in the best interest of the
people.
Bicameralists argue that the redundancy found in two chamber legislatures is essential in
creating a sound legislative process. While both types of legislatures are subject to the quality
controls of the executive and judicial branches, those other two branches can only nullify or veto
laws enacted by the legislature. Their checks cannot replace the legislative check that catches
errors and improves bills before they are enacted. 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. This redundancy provides additional oversight by multiple
committees and members that may catch potential errors and improve the quality of legislation.
Such oversight is not provided for as extensively in a unicameral legislature. Further, it is
redundancy that provides citizens with the opportunity for greater participation because the
extended process allows them time to understand the issues, develop opinions about efficacy of
legislation and communicate their opinions to their legislators.
G. Cost-Effective and Efficient Legislative Process
Effective representation of the peoples interests includes the assurance that members perform
their legislative duties in a manner that is both cost-effective and efficient. Both bicameralists
and unicameralists claim that their system inherently produces such traits.
Unicameralists argue that a one-house legislature could contain fewer members, fewer
committees, and is more direct. The elimination of redundancy and duplication is more efficient
and consequently less costly. They point to the approximately 50% decrease in annual legislative
13
costs that Nebraska has realized since 1937, even though it still spends more on legislative staff
than neighboring states.12
Bicameralists counter that any savings achieved through the reduction of legislators and staff in
a unicameral body is insignificant, compared to the loss of legislative effectiveness, if the size of
a states budget is taken into consideration. They note that Nebraskas annual savings of $20
million is less than two-tenths of one percent of its annual budget -- a relatively negligible
amount.13 They suggest that because Nebraska has such a small legislature, and because it is
non-partisan (and thus does not appropriate funds for political caucuses), comparing the savings
that might be achieved in other states to that achieved in Nebraska is unreasonable.
H. Political Tradition
Bicameralists and unicameralists each argue that their legislative system has been tested and is
well represented in American legislative tradition.
Unicameralists contend that single chamber legislatures are not unprecedented in American
tradition as two of the colonies (Delaware and Pennsylvania), the Continental Congress, three
early American states (Georgia, Pennsylvania, and Vermont) and Nebraska have employed or
employ the unicameral form. They say that local governments effectively utilize unicameral
systems in jurisdictions across the country. They argue that many parliamentary systems in other
countries are essentially unicameral bodies, since upper houses in many of those countries have
become almost vestigial and lack significant power. Finally, they contend that private industry
does not employ multiple governing boards in decision-making, because that would be
inefficient and ultimately ineffective to carry out corporate missions.
Bicameralists believe that instituting a unicameral legislature is a sweeping change that runs
counter to the Founding Fathers vision of bicameral legislatures in America. They argue that it
is unreasonable to expect outcomes similar to Nebraskas non-partisan unicameral legislature in
12
Minnesota. House of Representatives, House Research, Unicameral or Bicameral State Legislatures: The Policy Debate
(1999).
13
Id.
14
states more populous and diverse. They reject comparisons to unicameral systems in other
nations as not relevant, because of their differing environments, traditions and expectations.
Finally, they cite a lack of parallel experiences, even in the business world; to be sure, private
corporations would not allow two governing boards, 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 states Constitution.
Following the American Revolution, the new nation adopted the Articles of Confederation,
which provided for a unicameral governing body called the Congress of the United States, made
up of representatives numbering from 2 to 7 from each state. Each state had only one vote in the
Congress, and the votes were controlled by their legislatures, which, additionally, could recall
their representatives at any time. The new states feared a strong central government. During the
eight years of their existence, however, the Articles exposed the inability of the states to develop
commercially without strong central organization.
14
A Unicameral Legislature in New York: A Review and Proposal, 36 Fordham L. Rev. 307, 311 (1967),
http://ir.lawnet.fordham.edu/flr/vol36/iss2/5
15
Id.
15
After the Revolutionary War, some states continued to function under their former charters.
Three coloniesPennsylvania, Georgia and Vermontcontinued with single chamber
legislatures.19 Pennsylvania had employed a one-house legislature since 1701 and its Assembly
enjoyed more power than any other in the colonies.20 Georgia and Vermont followed its model in
1776, but Georgia and Pennsylvania, apparently persuaded by The Federalist, abandoned the
unicameral form in 1789 and 1790, respectively.
16
16
Only Vermont continued this form after the strong federal government was created. Its
constitutional framers concentrated executive power not in an individual, but in a council lead by
a governor and a lieutenant governor21 that was in many aspects a part of the legislative
process.22 A subcommittee of this council was the council of censors, which had the power to
see that the state constitution was followed. This group of thirteen members served seven-year
terms, but it met infrequently (just thirteen times in over 50 years). The council, never friendly
to unicameralism, suggested at least five times that the legislature should be changed to a
bicameral form.
Political uncertainty reigned during the 1830s which in Vermont saw multi-party chaos,
including the rise of the Anti-Masonic Party (given credit for preventing the election of a
governor in 1835).23 Taking advantage of the political disorganization in that decade, during
which no governor received a majority of the popular vote, the censors called a constitutional
convention in 1836 and proposed an amendment to create a two-chambered legislature. Many at
Vermonts convention believed that the turmoil in governance lay in the peculiarities of the
unicameral system. The censors thus made the following arguments:
(1) Bicameralism would check the tendency toward hasty, unwise action.
(2) It would banish the baneful effects of party strife because the distribution of
representation would be more equitable.
(3) Vermont would adopt the same system as the other states had used
successfully.
(4) The ballot would be shortened.
(5) The simple unicameral form was unsuited to a complex civilization and
was inherently vicious.24
21
This was a response to heavy-handed colonial Governors. Shull, American Experience with Unicameral
Legislatures, at 9.
22
Id. at 10. 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
Id. at 10.
24
Id. at 10-11.
17
25
Id.
Id. 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. Such was the case in Vermont. at 10.
27
A House Divided, The Economist, October 7, 1999, http://www.economist.com/node/325241.
28
Charlyne Berens, One House: The Unicamerals Progressive Vision for Nebraska, University of Nebraska Press
(2005), 18.
29
Berens, One House, 34, citing Harrison Boyd Summers, Unicameralism in Practice: The Nebraska Legislative
System, New York, The H.W. Wilson Co. (1937), 29.
26
18
a whole to put the necessary question to the voters. Similar efforts failed until the Great
Depression kindled new life into the movement.
George Norris, then a United States Senator known for his integrity and independence, lent his
passion to reforming Nebraskas government. Arthur Schlesinger described Norris as fighting
against consuming ambitions, both for power and for wealth; the greed and avarice of
individuals and groups for wealth; [and] the injection of privilege, favoritism and discrimination
in national policy.30 Norris was a champion of the populist/progressive ideal that government
should serve the peoples will. To this end, he campaigned tirelessly for a real democracy and
a legislature so open that the ordinary person could easily understand and observe it in action.
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, or whether he was covering up his tracks while serving special interests.31
Norris took up the fight for a unicameral legislature in the aftermath of widespread citizen
disgust with the 1933 Nebraska Legislature. That body fought openly, fumbled myriad
legislative opportunities and, finally, had to be called back in a special session to pass
appropriations it had failed to approve in order to keep the state functioning. Norris saw an
opening of support for the smaller, more transparent body that he believed would return the
Nebraska government to its people. An initiative quickly qualified for the ballot based on his
proposal calling for a unicameral, nonpartisan legislature in which 30-50 members would serve
two-year terms.32
The ballot measure had broad public support, but was opposed by nearly all the newspapers in
the state, political party leaders, agricultural leaders, bankers and businessmen.33 Voters were
warned that power would be concentrated in too few persons, that ill-considered bills would be
easier to pass, 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, Arthur, Foreword ,Fighting Liberal: The Autobiography of George Norris by George Norris
University of Nebraska Press (1972), xiv.
31
Berens, One House, 36, citing John Senning, The One-House Legislature, New York, McGraw-Hill (1937), xii.
32
Berens, One House, at 36.
33
Id. at 37-38.
19
farmers. 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.34 They were
advised that lobbyists would be able to buy a few men cheap in such a body.35
Supporters of the measure claimed that, to the contrary, the reforms would make the legislatures
work more transparent and accessible to the ordinary citizen. Legislators no longer would be able
to pass the buck to avoid accountability. Issues would not be defeated by the secret
manipulations of conference committees or subject to symbolic gestures rather than true
deliberation. 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. [A]ll points of view would be
represented and each member would feel more responsible for studying and weighing the merits
of proposed legislation.36 In 1934, the voters approved the constitutional amendment by 59.6
percent; it dissolved the Nebraska House of Representatives and transferred all legislative power
to the Senate.37
When the rules were put in place for the first session of the unicameral legislature in 1937, 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. The hearings had to be held
following a five-calendar-day notice and records of committee proceedings were to be kept, with
roll-call votes being part of committee reports. Moreover, even if members of the general public
were excluded from the executive session of a committee, reporters should be allowed to
remain and to report on what they observed.38
On the floor, 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, unless when the business
shall be such as ought to be kept secret. Specific rules addressed this by assuring that no final
34
20
vote could be taken within the five legislative days following a bills introduction or until a bill
had been on file for final reading for at least one legislative day. No bill could contain more than
one subject. Amendments were to be printed and read in the chamber before a vote on final
passage. Each bill would be considered twice on the floor, giving citizens a chance to monitor
each one before a final vote took place.39
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. The session convenes on the first Wednesday following the first Monday
in January in odd-numbered years. The Unicameral Legislature has 49 non-partisan Senators
(one fewer than the maximum permitted by the Nebraska Constitution), each serving staggered
four-year terms. Senators are limited to two terms, but former senators become re-eligible for
election after they are four years out of office. Before its unicameral legislature was instituted in
1937, the Nebraska legislature had 133 members serving in two houses. Currently each Senator
serves about 35,000 citizens.
i. 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.40 (See Appendix
A for Selected Rules of the Nebraska Unicameral Legislature). Leadership positions include
Speaker, Chair of the Committee on Committees, Chair and Vice-Chair of the Executive Board
(which has statutorily prescribed administrative and management duties), and the six other
members of the Executive Board. There were 14 committees in the 2011 legislative session that
concluded at the end of May.41
39
Id. at 46-47.
Rule 1, Section 1 (1-1), Rules of the Nebraska Unicameral Legislature, adopted January 12, 2011.
41
Rule 3-3.
40
21
The Committee on Committees proposes a slate of member assignments, which by rule must be
voted up or down, without amendment.42 The seats on all committees, including the Committee
on Committees, are allocated as equally as possible among senators representing three regions in
the state, corresponding to the states congressional districts.43
The Nebraska Speaker was once largely a ceremonial officer. In recent years, however, the
Speaker normally presides on the floor44 and has considerable authority to control legislative
action. The Speaker additionally prepares the agenda for daily floor sessions, subject to approval
by the Executive Board.45 The body may overrule the agenda by a three-fifths vote (30
members), but this rarely occurs.46 Because the office is now less ceremonial, Speakers generally
serve more than one two-year term, but still the Speaker lacks the authority to appoint
committees, serve as a member of any standing committee or to refer bills to committees.
22
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).51 Only a few bills are introduced after the deadline, most at the request of the governor.
Bills are referred to one of the various standing committees by the Reference Committee.52 In
most cases, bills will receive a public hearing by the committee, with at least seven calendar
days notice, before taking final action on a bill,53 which will include testimony and citizen
comments. Committees will then recommend that the bill be placed on General File (with or
without amendments) or that it be indefinitely postponed.54
Committees are required to hear and report on every bill that is referred, but committees in
Nebraska still control the fate of legislation, much as they do in other states. This is true because
committees in Nebraska may report a bill in the negative, which takes the form of a
recommendation to postpone a piece of legislation indefinitely. Once this occurs, 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.55 Additionally, even with the requirement to hear and report on
each bill, a committee may kill a bill by not reporting it upon adjournment, which means an
automatic committee recommendation of indefinite postponement.
Committees routinely meet in executive session to mark up and act on bills.56 These sessions are
open to the press57 but not to members of the public, lobbyists, public officials or senators who
are not members of the committee. They are not recorded or transcribed, but copies of
amendments and recorded votes are later available.
51
23
Each Senator may designate one priority bill,58 which aids in managing sessions of the
legislature. Committee chairs may designate two priority bills among those heard by the
committee.59 The Speaker may designate up to 25 priority bills.60 The Speaker may also
designate up to five priority bills as major proposals, with the approval of two-thirds of the
Executive Board.61 Priority bills must be designated before a deadline set by the Speaker
(generally about half-way through the session).62 Committees are required to hear priority bills
before non-priority bills may be heard.63 Priority bills are considered ahead of all other bills at
each stage of debate.64 Setting of such priorities falls to party caucus leaders in other states.
24
Enrollment and Review, motions to amend the bill (or to amend an amendment to a bill), a
motion to recommit the bill to the proper standing committee and a motion to postpone
indefinitely.68
Final Reading: Following consideration during Select File, 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.69 This is the third opportunity for
consideration of a bill on the floor. The legislature at this stage may entertain motions to
recommit the bill to Enrollment and Review, 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).70 Bills not recommitted are voted on for final passage.
Executive Approval: Upon final passage, a bill is sent to the governor for consideration and
signature. The governor may line-item veto specific budget appropriations or veto the entire bill.
The legislature may override a veto with three-fifths vote.71
B. What Observers Say
Patrick ODonnell, Clerk of the Legislature72 and a self-proclaimed enthusiastic supporter of
unicameralism, says that the unicameral legislature has worked very well. 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. It has served the state well for long periods
of time and has produced sound public policy without rancor,
68
Rule 6-5. Motions to amend require a majority vote of the elected members, unless the proposed amendment is
substantially the same as a bill indefinitely postponed, which requires a three-fifths vote. A motion to adopt the
changes made in Enrollment and Review requires only a majority of those members voting.
69
Rule 6-7.
70
Rule 6-8. If a bill is returned to Select File for specific amendment and the amendment is rejected, a majority of
the elected members may advance it to Final Reading without going through Enrollment and Review.
71
Nebraska Constitution, Art. IV, Section 15; Rule 6-11.
72
Interview by telephone, August 11, 2011.
25
Citizens in Nebraska expect that their leaders will compromise and reach reasonable solutions.
Speaker Flood said, They want an efficient, effective government that deals with the issues and
doesnt run for cover on a tough one.74
Clerk ODonnell also emphasized that special interests have made no particular inroads in the
Unicameral and are no more powerful in Nebraska than anywhere else. 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. Thus, lobbyists must interact with many
73
74
JoAnne Young, Legislature Got Through Year The Nebraska Way, Lincoln Journal Star, May 29, 2011.
Id.
26
more members to affect an outcome. This balance has shifted, however, with the advent of term
limits beginning in 2002 and the subsequent influx of new senators. The Speaker and committee
chairs have developed into stronger leaders for the body.
ODonnell further observed that term limits have caused the erosion of the power of the
unicameral legislature vis--vis the governor. The term limits that were adopted in the election in
2000 came as part of the national wave. ODonnell 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. In Nebraska, moreover, the reform seems to have changed the dynamics of what
had been a well-functioning system. Mr. ODonnell believes that term limits have caused the
lessening of what I had thought of as a strong independent voice in the legislative branch. He
averred that some of the shift in power may also be the result of the election of a dominating
figure as governor.
Another phenomena in Nebraska is the infrequency of courtesy voting. Clerk ODonnell 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. ODonnell 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.
Finally, Clerk ODonnell cautioned that a unicameral system would probably pose interesting
challenges in California, which is exponentially more diverse and more complicated than
Nebraska. He said that it might be the non-partisan nature of the unicameral legislature that is the
source of its power, a characteristic that might be difficult to sell to Californians. Still, Mr.
ODonnell offered that in his view the small size of Nebraskas unicameral legislature may be its
most important feature. If instituted in California, he would advise that the body be composed of
only 75 or 80 senators, 100 at most, in order to facilitate each member becoming actively
involved and accountable.
27
Like Clerk ODonnell, University of Nebraska Professor Charlyne Berens75 has studied the
Nebraskas unicameral legislature in depth. She thinks the one-house system works very well in
a small population state with a pronounced history of independent thinking. Most of the
theoretical advantages of the unicameral form are actually observable in Nebraska:
accountability, transparency, increased deliberation on all bills and, most important, the people
acting as a check on the legislature.
Citizens in Nebraska are very attached to the Unicameral; a solid majority supports it and
believes that Senators get more done on behalf of the people. Citizens are not exposed to party
squabbling and so, at least in that regard, there is no circus going on in Nebraska. Gridlock is
uncommon and people pay close attention to the Unicameral when it is in session, which is
closely covered by televised news.
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. Her blunt assessment is that not
even George Norris would recommend that California attempt this huge reform.
The essential building block of the democratic process is effective representation of the citizens
who are governed. Whether Californias 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. Such inquiries beg other questions: Are
optimal districts large or small? How does district size affect representation? Does that
75
28
There is an obvious inverse relationship between the size of the district and the size of the
legislature. Large districts would mean a relatively small legislature, while small districts would
mean a large legislature. Currently, California has one of the smallest legislatures in the nation
and each member represents more constituents than in any other state.76 As with most reforms,
changing the size of legislative districts in a unicameral legislature would have both benefits and
drawbacks.
Research suggests that minority interests are more likely to be represented effectively in smaller
more demographically homogeneous districts.77 Smaller districts provide qualified challengers
with more opportunities to supply voters with low-cost information through direct candidate-tovoter contact,78 and one study indicates they have also been shown to discourage negative
campaigning.79 Smaller districts, and hence a larger legislature, would additionally create
greater opportunities for division of labor and specialization in policy area(s) by members.80
This, in turn, could produce more effective executive oversight.
By contrast, there are also benefits to having a smaller legislature with fewer and much larger
districts. Legislatures with larger districts and fewer members have been shown to have less
pork barrel spending.81 Studies comparing states upper chambers also found that those that
have smaller upper chambers spend less overall.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, Kathleen, Reforming Representation in California, Constitutional Reform in California. Making State
Government More Effective and Responsive, ed. Bruce E. Cain and Roger G. Noll, Institute of Governmental
Studies Press, University California Berkeley (1995).
77
Guinier, Lani, No Two Seats: the Elusive Quest for Political Equality, 77 Virginia Law Review 1413 (1991).
78
Jacobson, Gary, Running Scared, Congress: Structure and Policy, ed. Matthew McCubbins and Terry Sullivan,
Cambridge University Press (1987).
79
Ansolabehere, Steven, Shanto Iyengar, Adam Simon, and Nicholas Valentino. Does Negative Advertising
Demobilize the Electorate?, 88 American Political Science Review 829 (1994).
80
Bawn, Reforming Representation in California, at 143.
81
Weingast, Barry, Kenneth Shepsle, and Christopher Johnsen, The Political Economy of Costs and Benefits: A
Neoclassical Approach to Distributive Politics, 89 Journal of Political Economy 642 (1981),.
82
Gillligan, Thomas and John Matsusaka, Deviations from Constituent Interests: the Role of Legislative Structure
and Political Parties in the States, 33 Economic Inquiry 383 (1995).
29
responsible decisions. And some argue that smaller legislatures with fewer members are less
subject to control by top officials, such as legislative Speakers, whereas more populous
legislatures require strong control from the top.
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. The fundamental argument in favor of personalized PR
[proportional representation]83 is that it may balance competing goals and minimize overall bias
better than Californias current system or other reasonable alternatives.84 A change to an
Additional Member System, or AMS,85 in which a portion of the members would be elected
from party lists while the rest would represent single member districts, coupled with the adoption
of a unicameral structure to the legislature, is suggested by Kathleen Bawn86 to provide members
with an incentive to better represent larger, diverse districts:
AMS offsets potential problems created by eliminating bicameralism . . . by creating
divergent electoral incentives within a single chamber. The AMS complements
elimination of the two-thirds rule . . . by ensuring that most simple majorities will consist
of both list and district members, that is, both legislators with an incentive to respond to
geographically concentrated interests and those with an incentive to respond to
geographically dispersed interests.87
When exploring a change to the structure of the legislature from a bicameral to a unicameral
body, policymakers must consider which electoral option is likely to produce effective
representation in a unicameral legislature. 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] . . . refer[s] only to the system that does not count district members towards a
partys seat share. Compensatory Member System, or CMS, refers only to the system in which district members do
count . . . personalized PR [refers] to both variants. Bawn, ,Reforming Represention in California at 159.
84
Id,
85
Bawn prefers the AMS to CMS because AMS creates an incentive for party leaders to respond to district seatholders. Id. at 153.
86
A detailed summary of Kathleen Bawns study is included in the next section.
87
Bawn, Reforming Representation in California, at 159.
30
California. These questions must be considered as part of any proposal to institute a unicameral
legislature.
In recent years, the call for abandoning the bicameral system in California in favor of a
unicameral system continued. In 1974 (and again in 2006) citizens circulated petitions which
could have put the question on the ballot. Former Speaker of the California Assembly Jesse
Unruh strongly supported the switch, I doubt that the purposes of a legislature, however they
are understood, are served by any of the expensive, trivial, 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.88
In the 1990s, academics, including David W. Brady, Brian J. Gaines and Kathleen Bawn, and a
sprinkling of politicians (Senator Lucy Killea, I-San Diego) supported the creation of a
unicameral legislature. The 1996 California Constitution Revision Commission also initially
favored the idea of switching to a unicameral legislature, but dropped it from its final proposal
when the idea was deemed to lack sufficient support.89
Bruce Cain, Heller Professor of Political Science and Director of the University of Californias
Washington, D.C., Center, evaluated the lack of a unicameral provision in the Commissions
1996 recommendations and explained it was legislative self-interest that ultimately killed the
unicameral proposal. Many members of the California State Senate thought that they would lose
88
Unruh, Jesse, Unicameralism-The Wave of the Future, Strengthening the States: Eassays of Legislative Reform,
ed. Donald G. Herzberg and Alan Rosenthal, New York, Double Day & Company (1971).
89
California. Constitution Revision Commission, Final Report and Recommendations to the Governor and the
Legislature 1996, 24.
31
a level of prestige, have fewer staff resources and would serve in smaller districts. Senate
leaders feared they would lose leadership positions. 90
In the 21st Century, some politicians, reformers and the media have resurrected the idea of a
unicameral legislature. In 2009, then-Lt. Governor John Garamendi supported a constitutional
convention, in part to review the idea of unicameral legislature and smaller legislative districts.91
The New America Foundation also supported a shift to a unicameral legislature, smaller
legislative districts and proportional representation.92 Members of the media have also jumped
on the unicameral bandwagon. Dan Walters recently wrote a column calling for a unicameral
legislature saying that Californias bicameral legislature is at best outdated, wasteful and
duplicative, and at worst engenders deceptive, anti-democratic gamesmanship.93 Joshua
Cameron also wrote an article calling for unicameral legislature with 120 members, thus
reducing the size of each legislative district.94
90
Cain, Bruce, Constitutional Revision in California: The Triumph of Amendment Over Revision, State
Constitutions for the Twenty-first Century: The Politics of State Constitutional Reform, ed. G. Alan Tarr and Robert
F. Williams. State University of New York, Albany (2006).
91
Gavin, Cosmo, California Renovation, Newsreview.com, June 18, 2009,
http://www.newsreview.com/sacramento/california-renovation/content?oid=1015956
92
Weinberg, Micah, New American Foundation, Smaller Legislative Districts = Better Representation (2009).
http://politicalreform.newamerica.net/blogposts/2009/smaller_legislative_districts_better_representation-18430.
93
Walters, Dan, Time for One House for California Legislature, Daily Republic, July 1, 2011.
94
Cameron, Joshua, Should Californias Legislature Go Unicameral?, The Sacramento Liberal Examiner, April
18, 2011. http://www.examiner.com/liberal-in-sacramento/should-california-s-legislature-gounicameral#ixzz1TtcZyRlk
32
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. 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. Members elected in SMD would represent about half of the population of the current
assembly districts. Multi-Member Districts would be about twice the size of the current
California senate districts and each would be served by eight legislators. Using the PR system,
political parties would provide a list of eight candidates per region for the ballot and voters
would vote by party and rank the candidates. Party representation proportions would be based on
the statewide vote with a five percent minimum required for representation in the legislature.
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. 97
95
Allan Ides served as a law clerk to the Honorable Clement F. Haynsworth, Jr., Chief Judge of the United States
Court of Appeals for the Fourth Circuit from 1979-80 and then clerked for the Honorable Byron R. White, Associate
Justice of the United States Supreme Court from 1980-81. Professor Ides joined the Loyola Law School, Los
Angeles, faculty in the fall of 1982 and served as Associate Dean for Academic Affairs from 1984-87. He has
written extensively in the areas of Constitutional Law and Civil Procedure and is actively involved in various public
service projects, ranging from civil rights litigation to the representation of individuals in deportation proceedings.
96
Ides, Allan, Approximating Democracy: A Proposal for Proportional Representation in the California
Legislature, 44 Loy. L.A. L. Rev. 437, 455 (2011).
97
Ides is using the CMS system, thus if a party wins a 20 percent of the seats in the statewide vote, it is entitled to
20 percent of the regional seats minus the number of districts it won in the SMD contests.
33
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.98 He
stressed that his proposal is not a panacea and should be a part of a comprehensive plan to reform
California governance.
98
Ides, Approximating Democracy: A Proposal for Proportional Representation in the California Legislature, at
462.
99
David W. Brady teaches at Stanford University. He is the Bowen H. and Janice Arthur McCoy Professor of
Political Science and Leadership Values, Deputy Director and Davies Family Senior Fellow, Hoover Institution
Morris M. Doyle Centennial Chair in Public Policy, Emeritus and Senior Fellow, Stanford Institute for Economic
Policy Research.
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. He was a visiting professor at the Department of Applied
Economics at the Catholic University of Leuven, in Belgium. And he has served on two Royal Commissions in his
native Canada.
101
Brady, David W. and Brian J. Gaines, A House Discarded, Constitutional Reform in California. Making State
Government More Effective and Responsive, eds. Bruce E. Cain and Roger G. Noll, Institute of Governmental
Studies Press, University of California, Berkeley (1995), 233.
102
Kathleen Bawn is Associate Professor of Political Science at UCLA. Her projects have looked at coalition
politics in the choice of an electoral system in the Federal Republic of Germany and the incentives that Germanys
mixed electoral system creates for members of the Bundestag; how majority party leaders in the UnitedStates
Congress structure coalitions through procedural decisions; how conflict within the majority party coalition is
managed; and how legislative coalitions balance technical and political considerations in the structure of
administrative agencies. Her work has been published in the American Journal of Political Science, the American
Political Science Review, the British Journal of Political Science, Legislative Studies Quarterly, and other academic
journals.
34
SMDs of equal population and three PR districts drawn based on geographic and socioeconomic boundaries.104 PR districts might differ in population size and seats would be allotted
based on the total population in the district, but each PR district would have at least 20 members.
Bawn theorized that her proposal offers serious variance in the electoral incentives without
promoting gridlock105 The structure of the PR districts would require members serving those
districts to be responsive to a different set of voter interests, but they would have incentives to
work together with other members of their political party. 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.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.
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. Fewer districts seats simply mean more list members, who depend directly
on the leadership to maintain their positions. Bawn, Reforming Representation in California, at 153.
104
Id..
105
Id. at 159.
106
Id.
107
The Abolition Bill created a unicameral legislature in New Zealand in January 1951.
35
significant diverse minority populations.108 As is the case in California, those populations have a
variety of interests that must be represented in the legislature. Also similar to California, New
Zealands governmental system includes executive, legislative and judicial branches.
There are, of course, significant differences between New Zealand and California. New Zealand
is a sovereign country rather than a subdivision of a county. New Zealands entire population (4
million) is less than half the size of Los Angeles County and about the size of the city of Los
Angeles. Perhaps most importantly, its government is a parliamentary system.
A. Demographics and Political System
New Zealands population is about 4.3 million people, similar to the median U.S. state, and is
ethnically, culturally and religiously diverse. Seven languages are spoken, although 91 percent of
the population speaks English, and at least twelve religions are practiced. Fifty-seven percent of
the population is of European descent, eight percent are Asian, about seven percent are Maori,
almost five percent are Pacific Islander, about 10 percent are mixed and the remaining 13.5
percent are defined as other. New Zealand and California have achieved similar rates of
literacy, but the average New Zealander spends about 19 years in school, exceeding the period of
time invested by the average Californian.
New Zealand is a constitutional monarchy with three branches of the government: executive,
judicial and legislative. The executive branch includes the chief of state (Queen Elizabeth II)
who is represented by the governor general, the prime minister who acts as the head of
government and the cabinet (executive council). The judiciary is appointed by the governor
general.
The legislative branch is a one-house body. It has approximately 120 members (although in 2008
there were 122 members) that serve three year terms. Members include 70 popularly elected,
single-member district seats and 50 seats chosen from the party lists on a proportional basis.
108
New Zealand is a collection of islands in the southwestern Pacific Ocean. Originally settled by Polynesians
around 1300 AD, Europeans later settled there and it became a British Colony in 1840. Its legal system is based on
English common law and includes special legislation and land courts for the Maori people.
36
There are more than a half dozen political parties that are represented in the legislature with the
two strongest parties currently holding 101 seats.
The two-step electoral process a so-called mixed member proportional electoral system
(MMP)109 was instituted in 1994. The ballot itself is two-tiered, but the representatives elected
serve in a single chamber. On each ballot, 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. It is a party vote. Parties that receive 5% or more of the vote are entitled to a
portion of the seats in the House of Representatives. On the so-called lower tier of the ballot, a
voter selects the member who will represent his or her particular district in the House of
Representatives. It is called the electorate vote, and these seats are won by the candidate that
receives a plurality of votes in the district.
B. Checks and Balances in New Zealands 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. This model is called responsible
government, and the Government, headed by the Prime Minister, must have the confidence of
the House of Representatives. The House of Representatives reviews and approves the
executives expenditures for certain purposes and annually approves the Executive budget. 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. Upon
budget delivery, the Finance and Expenditure Committee of the House of Representatives
delegates portions of the budget to be studied by particular other committees, which provide
reports back to the House. The House then performs several rounds of debate (including
109
New Zealands MMP system formula is the same as the Compensatory Member System (CMS ) formula. This
means that the lower ticket party winners do not contribute to the partys overall share of members.
110
Permanent legislative authorities and multi-year appropriations cover items such as judges salaries, debt
repayment and funds for Treaty of Waitangi settlements and do not have to be renewed annually.
37
testimony by ministers) and House readings on the bills generated during this process. Upon
passage by the House, 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, select committee scrutiny and additional debates in the house. Select committees
perform detailed reviews of executive performance and hear testimony in public hearings from
ministers and officials. The Government must also defend its policies in debates before the
House.
The House of Representatives also considers ratification of international treaties that have been
negotiated by the Government. Citizens may seek redress from governmental activities by
petitioning112 the House of Representatives, where committees recommend specific responses
about the petitions to the Government. The Government then has 90 days to respond to the
committees recommendations. (See Appendix D for more information about petitioning the
House of Representatives).
C. New Zealands Unicameral Legislative Process
New Zealands unicameral House of Representatives considers several types of bills:
government bills, member bills, local bills and private bills.
Government Bills are the result of the governments policy platform realized through its
legislative program. The majority of bills enacted are Government bills.
Member Bills are introduced by members of the House of Representatives. Very few
member bills are enacted. Since there is a limited amount of time to consider bills, only
six member bills in their first reading may be before parliament at the same time. When a
slot becomes available, 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.
A petition is a document addressed exclusively to the House of Representatives, signed by one person or many
people, requesting the House to take a clearly defined action on a matter of public policy or law, or to redress a local
or private grievance. Petitioning the House of Representatives. New Zealand. House of Representatives, Office of
the Clerk of the House of Representatives (2010).
112
38
parliament. Each ballot may contain as many 40 bills, and members may have only one
bill on the ballot at a time.
Local Bills are introduced by members at the request of the local authorities, such as city
councils. These entities pay a small administrative fee to bring bills that affect their area
before the House. These bills, such as land use issues, 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. This type of bill is very rare
and is handled by individual members.
Bills go through as many as seven stages of consideration: Introduction, First Reading, Select
Committee, Second Reading, Committee of the Whole House, Third Reading and Royal Assent.
(See Appendix E for How Parliament Makes a Law).
Introduction: Upon Introduction, 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,
which calls for a reading of its title. During First Reading, the member that sponsored the
bill begins the debate. Prior to First Reading, a one- 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: If a bill has sufficient support during First Reading it will be referred
to a select committee. During this period, newspapers run stories about the bill and
encourage public participation through Public Submissions that will be considered by
the select committee. Any citizen is permitted to submit a public submission on a bill.
(See Appendix F for more information about Public Submissions). The select committee
39
also considers amendments and hears evidence. The select committee then has six
months to complete a report that will be submitted to the full House.
Second Reading: Second Reading occurs following a bills reporting and includes the
main debate (begun by bill sponsor) and consideration of amendments for the bill.
Amendments that were unanimous in the select committee become part of the bill.
Amendments that did not have unanimous agreement in the select committee are subject
to further review and consideration on the floor. At this point, the bill is either defeated or
referred to the Committee of the Whole House.
Committee of the Whole House: The entire House of Representatives is considered the
Committee of the Whole. Debate at this stage includes five minute speeches, a detailed
review and proposed amendments to the bill. Amendments submitted at this time that
include major policy changes may be challenged as being unavailable for adequate
scrutiny. Thus, members typically offer proposed amendments at Select Committee
stage in supplementary order papers, instead of offering them on the floor. In the
Committee of the Whole amendments may be broken out into smaller bills and given new
titles.
Third Reading: Third Reading provides members with their final opportunity to review
and debate the bill in its final form. It is not a debate in the conventional sense, but
rather a summing up of the bill. If a bill is agreed to at Third Reading, it has been
enacted by the House.
Royal Assent: The Sovereigns representative, the Governor-General, upon the advice
of the Prime Minister signs the bill into law or rejects the legislation.
New Zealands unicameral legislature provides a view of a working legislature that illuminates
the strengths and weakness of the unicameral system in performing its central functions, namely
to represent the people and provide an adequate check on the executive branch. The legislative
40
procedures adopted in New Zealand provide examples of some features that California reformers
should contemplate during consideration of proposals for a unicameral legislature.
Conclusion
This report provides a starting point in the debate of whether Californias legislative process
should be changed from a bicameral to a unicameral system. The history of unicameralism in the
United States, arguments levied for and against both bicameral and unicameral systems and
detailed examinations of both Nebraska and New Zealands unicameral legislatures provide a
fairly comprehensive picture of how unicameral legislatures might operate here.
The strength of the unicameral system is its simplicity, transparency and efficiency -- values
which have generated responsive and accountable legislative systems in Nebraska and New
Zealand. By contrast, the strength of the bicameral system is its greater deliberations, expertise
and legislative oversight. Either system, however, comes at a price. The unicameral system may
lack effective oversight of both itself and the executive branch, and the bicameral legislature may
witness greater gridlock, log-rolling, and buck passing, in addition to less transparency.
Important questions must be asked as a part of this debate in California about adopting a
unicameral legislature. What is the goal of instituting a unicameral legislature to California? Is it
to improve representation by reducing gridlock? If so, can a unicameral legislature be
transplanted in California, a state with an enormous and diverse population, 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, and how many
members would serve in the new unicameral legislature? Would citizens continue to elect
members in the same fashion, or would a MMP (Mixed Member Proportional) or PR
(Proportional Representation) system, or some variation of those systems, 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,
and, most importantly will the benefits outweigh the costs?
41
Works Cited
Ansolabehere, Steven, Shanto Iyengar, Adam Simon, and Nicholas Valentino. Does Negative
Advertising Demobilize the Electorate?, 88 American Political Science Review 829 (1994).
Bawn, Kathleen, Reforming Representation in California, Constitutional Reform in California:
Making State Government More Effective and Responsive, ed. Bruce E. Cain and Roger G. Noll,
Institute of Governmental Studies Press, University of California, Berkeley (1995).
Berens, Charlyne, One House: The Unicamerals Progressive Vision for Nebraska, University of
Nebraska Press (2005).
Brady, David W. and Brian J. Gaines, A House Discarded, Constitutional Reform in
California: Making State Government More Effective and Responsive, ed. Bruce E. Cain and
Roger G. Noll, Institute of Governmental Studies Press, University California, Berkeley (1995).
Cain, Bruce, Constitutional Revision in California: The Triumph of Amendment Over
Revision, State Constitutions for the Twenty-first Century: The Politics of State Constitutional
Reform, ed. G. Alan Tarr and Rober F. Williams, State University of New York, Albany (2006).
California. Constitution Revision Commission, Final Report and Recommendations to the
Governor and the Legislature 1996.
Cameron, Joshua, Should Californias Legislature Go Unicameral?, The Sacramento Liberal
Examiner, April 18, 2011. http://www.examiner.com/liberal-in-sacramento/should-california-slegislature-go-unicameral#ixzz1TtcZyRlk
Carroll, Daniel B. Unicameralism, 11 U. Kan. City L. Rev. 3 (1942-1943).
Center for Govenmental Studies, Democracy by Initiative: Shaping Californias Fourth Branch
of Government. Second Edition (2008).
Federalist 62, published February 27, 1788, http://www.constitution.org/fed/federa62.htm
Federalist 63, published March 1, 1788, http://www.constitution.org/fed/federa63.htm
Franklin, Benjamin, Queries and Remarks respecting Alterations in the Constitution of
Pennsylvania (1789). http://press-pubs.uchicago.edu/Founding
Fathers/documents/v1ch12s25.html
Gavin, Cosmo, California Renovation, Newsreview.com, June 18, 2009,
http://www.newsreview.com/sacramento/california-renovation/content?oid=1015956
Gillligan, Thomas and John Matsusaka, Deviations from Constituent Interests: the Role of
Legislative Structure and Political Parties in the States, 33 Economic Inquiry 383 (1995).
42
Guinier, Lani, No Two Seats: the Elusive Quest for Political Equality, 77 Virginia Law Review
1413 (1991).
Guizan, Julia Anne, Is the California Civil Rights Initiative: A Wolf in Sheep's Clothing:
Distinguishing Constitutional Amendment from Revision in California's Initiative Process, 31
Loy. L.A. L. Rev. 261 (1997).
A House Divided, The Economist, October 7, 1999, http://www.economist.com/node/325241.
Ides, Allan, Approximating Democracy: A Proposal for Proportional Representation in the
California Legislature, 44 Loy. L.A. L. Rev. 437 (2011).
Jacobson, Gary, Running Scared, Congress: Structure and Policy, ed. Matthew McCubbins
and Terry Sullivan, Cambridge University Press (1987).
Legislature of California v. Eu, 54 Cal. 3d 492, 501(1991).
Martin, John, E., A Shifting balance: Parliament, the Executive and the Evolution of Politics in
New Zealand, 21:2 Australasian Parliamentary Review (2006).
Minnesota. House of Representatives, House Research, Unicameral or Bicameral State
Legislatures: The Policy Debate (1999).
Nebraska Unicameral Information Office.
New Zealand. Parliament, How Parliament Works, Our System of Government, n.d.
http://www.parliament.nz/enNZ/AboutParl/HowPWorks/OurSystem/1/8/e/00CLOOCHowPWorks111-Our-system-ofgovernment.htm
New Zealand. Parliament, How Parliament Works, Role of Parliament, n.d.
http://www.parliament.nz/enNZ/AboutParl/HowPWorks/Role/6/b/3/6b3edec8013243e785cb6ecc1e6c8e6a.htm
New Zealand. Parliament, Parliament Brief: Government Accountability to the House, n.d.
http://www.parliament.nz/en-NZ/PB/Rules/StOrders/).
New Zealand. Parliament, Parliament Brief: The Legislative Process, n.d.
http://www.parliament.nz/enNZ/AboutParl/HowPWorks/FactSheets/6/1/5/00HOOOCPubResAboutFactSheetsProcess1Parliament-Brief-The-legislative.htm
New Zealand. House of Representatives, Petitioning the House of Representatives, Office of the
Clerk of the House of Representatives (2010).
43
Whitby, Kenny J., The Color of Representation: Congressional Behavior and Black Interests,
University of Michigan, Ann Arbor (2003).
45
Interviews
Charlyne Berens, University of Nebraska Professor, by telephone, August 5, 2011.
Patrick ODonnell, Clerk of the Legislature, by telephone, August 11, 2011.
46
Appendix A
Selected Rules of the Nebraska Unicameral Legislature
Published by
Patrick J. O'Donnell
Clerk of the Legislature
Lincoln, Nebraska 68509
Adopted January 12, 2011
RULE 1 OFFICERS AND EMPLOYEES
A. Election of Officers
Section 1. Officers to be Elected. (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. The officers so elected shall hold such office for a period of two
years.
The Legislature elects two from Legislative Districts 1, 2, 15, 21 through
32, 34, and 46; two from Legislative Districts 3 through 14, 18, 20,
39, and 45; and two from Legislative Districts 16, 17, 19, 33, 35 through 38, 40 through 44, and
47 through 49. Speaker is member of Board; Chairperson of Appropriations is nonvoting
member. RRS 50-401.01.
(b) In the event a vacancy occurs on the Executive Board, 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, 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.
47
Upon the resignation or death of the Speaker, during the interim, said position shall remain
vacant until the next regular session or special session the Legislature convenes, at which time a
Speaker shall be nominated from the floor and elected by secret ballot for the balance of the
original term.
Upon the resignation or death of the Speaker during the session, a Speaker shall immediately be
nominated from the floor and elected by secret ballot for the balance of the term.
In the event there is a vacancy of the Vice Chairperson of the Executive Board during the
interim, said vacancy shall be filled pursuant to Rule 3, 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.
During session, 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, subject to approval of the Legislature. The individual so selected shall serve for the
balance of the original term.
During the interim, 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, subject to approval of the Executive Board. The individual so selected shall serve for
the balance of the original term.
Sec. 15. Speaker, Presiding, Privilege. The Speaker shall preside over the Legislature at such
times and circumstances as is above set forth. 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.
Distribution of material by Clerk. Rule 2, Section 3g. Excuse attendance at committee hearing.
Rule 2, Section 4. Power to refer bill back to committee. Rule 6, Section 3g. Signing of bills.
Const. Art. III, Sec. 14.
Sec. 16. Report Order of Bills. (a) The Speaker, with the approval of the Executive Board, shall
report to the Legislature the order in which bills and resolutions shall be considered on General
File. The Speaker's orders, as approved, are final unless changed by a three-fifths vote of the
elected members of the Legislature. General appropriation bills shall be given precedence over
all other bills.
(b) The Speaker may, when sound judgment would so dictate, 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, or (2) a quorum cannot be assembled within one half hour after
the time to which the Legislature was to have convened.
Sec. 2. Appointment of Committees. (a) At the commencement of each biennium, the Legislature
shall elect a Committee on Committees to consist of thirteen members, one at large who shall be
chairperson, and four from Districts Number 1, 2, 15, 21 through 30, 32, 34, and 46; four from
Districts Number 3 through 14, 18, 20, 31, 39, and 45; and four from Districts Number 16, 17,
19, 33, 35 through 38, 40 through 44, and 47 through 49.
48
13 members
1 member
9 members
6 members
49
To underscore or remove underscoring, as the case requires, in standing committee reports and in
General File, Select File, and specific amendments.
When an amendment to add the emergency clause, the severability clause, 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, the Chairperson of Enrollment and Review shall also
have the authority to add to the engrossed bill the standard clause or section, assigning to it the
appropriate section number, 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.
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.
To reflect votes on Final Reading as they may occur pursuant to Rule 6, Section 10 and Rule 6,
Section 15.
Sec. 13. Consideration and Correlation of Bills and Resolutions. (a) Committees shall consider
and report without unnecessary delay all bills and resolutions referred to them. 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. Committees may, before
taking final action on any bill or resolution, adopt amendments thereto, for the consideration of
the Legislature.
(b) The chairperson of each committee shall set for hearing all bills and resolutions referred to
the committee, except as provided for in Rule 1, Section 17.
Sec. 14. Public Hearing, Notice. Before taking final action on a bill, resolution, or gubernatorial
appointment, a committee shall hold a public hearing thereon and shall give at least seven
calendar days' notice, after the bill or pronouncement of the appointee shall have been printed, by
publication in the Legislative Journal. 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.
Sec. 16. Executive Sessions and Closed Meetings. (a) Executive session shall mean any meeting
or portion of a meeting which is closed to the general public, and the proceedings of which are
not electronically recorded and transcribed, unless the committee so provides, but the records of
which shall be available for public inspection. Executive sessions shall be open to members of
the news media who may report on action taken and on all discussions in executive session.
(b) Except as provided in Rule 3, Sec. 5(c)(iii), all other meetings of a committee shall be public
unless the committee, by a majority vote of all of its members, determines that a meeting should
not be open to the public, including members of the news media, in a particular instance, due to
rare and extraordinary circumstances. The meeting shall be reconvened in open session before
any formal action may be taken.
50
Sec. 17. Report of Bill to Legislature. (a) In reporting a bill to the Legislature, whether with or
without amendments, a committee shall by vote of a majority of its members, recommend that
the bill be placed on General File or that the bill be indefinitely postponed.
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. 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. A committee may reconsider any final action prior to the
committee making a report on the bill or resolution to the Legislature, provided the
reconsideration takes place within eight calendar days of the final action.
No bill shall be reported by the committee to be placed on General File unless the amendments,
if any, are approved as to form and draftsmanship by the Bill Drafter.
Sec. 18. Indefinitely Postponed Bills. If the committee action on a bill be to postpone
indefinitely, the bill shall stand indefinitely postponed; 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,
or by a two-thirds vote of the elected members upon motion made more than three legislative
days after such committee report. Not more than one bill shall be raised from committee on any
one motion. A motion to raise cannot be amended to include any other bill or subject matter. 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.
RULE 5 BILLSGENERAL PROVISIONS
Section 1. Drafting of Bills. The Bill Drafter shall prepare all bills and amendments in proper
form when requested by members of the Legislature, newly elected members of the Legislature,
or heads of executive departments. 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.
In order to shorten the length of sections, the Bill Drafter shall, in the drafting of new sections,
make each paragraph a separate section except when to do so would be contrary to sound bill
drafting practice. The Bill Drafter shall make available a continuing compilation of sections to
which amendments are proposed so as to reduce unnecessary duplication of bills. This section
index of bills drafted shall be available to all senators, newly elected senators, and other persons
entitled to have bills drafted. 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.
Sec. 2. Content and Form of Bills. (a) A bill shall be designated as Legislative Bill ____.
Style of bill. Const. Art. III, Sec. 13.
No bill shall contain more than one subject and the same shall be clearly expressed in the title.
No law shall be amended, unless the new act contains the section or sections as amended, and the
section or sections so amended shall be repealed.
51
Sec. 4. Introducers Signing Bills. (a) Members shall introduce only such bills as they are willing
to endorse and support personally. The last name and district shall be used, unless an initial or
name is necessary to identify the introducer. Any member may request to have his or her name
added as cointroducer of a bill but only if the principal introducer has concurred, in writing, to
that request.
Sec. 5. Scheduling of Bills, Priority Bills. (a) Each senator may designate one bill as a priority
bill. Such priority bill need not be the designator's bill, but the principal introducer must concur
with the designation as a priority bill and with the withdrawal of the designation once made.
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, but the principal introducer must concur with the
designation as a priority bill and with the withdrawal of the designation once made.
The Legislative Performance Audit Committee may designate as priority bills two bills resulting
from a performance audit or involving the performance audit process, but the principal
introducer must concur with the designation as a priority bill and with the withdrawal of the
designation once made.
The Speaker may designate up to 25 additional priority bills.
Priority bill designations may be made at any time prior to the annual designation deadline which
shall be set each year by the Speaker. 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.
RULE 6 BILLSSTAGES OF CONSIDERATION
Section 1. Introduction of Bills. Starting with regular sessions in odd-numbered years, bills shall
be numbered consecutively starting with the number 1. 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 introduced in any special session
shall start with the number 1) and shall be numbered consecutively as read by the Clerk. After
introduction, bills requiring reference shall be delivered to the Reference Committee.
Sec. 2. Objection to Reference of Bills. (a) Any member may object to the reference of any bill
or other proposition, and correction in case of error in reference may be made by the Legislature
by unanimous consent, or by the vote of a majority of the elected members.
(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, they will then be referred to a committee. Bills on General File for which public
hearings have not been requested will be handled as all bills on General File.
Sec. 3. General File. (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.
52
Each section shall be open to amendment. Following the reading of the title of the bill, the
introducer shall first be recognized for ten minutes to move to advance and explain the bill. The
amendments, if any, recommended by standing committees, shall then be considered. The
introducer's amendments, if any, shall be considered following the consideration of the standing
committee amendments and any amendments thereto. 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, subject to the provisions of Rule 7,
Section 3 and Rule 1, Section 17.
Bills shall be listed and considered on General File in the order in which they shall be reported
from the standing committees, except as modified by the Speaker; provided, that any bill that
comes up for debate for a second time, with the introducer present, shall be placed by the Clerk
at the bottom of General File if said introducer asked for further time, unless otherwise directed
by the Speaker.
Speaker determine order of bills. Rule 1, Section 16.
During consideration of bills on either General or Select File, any member may move that the
bill be passed over once and if the motion is carried by a majority of those voting, the bill shall
be passed over and shall retain its place on the file.
At any stage of consideration of a bill, a motion to bracket or to bracket to a day certain or to
unbracket shall, if made by the primary introducer of the bill, require a majority of those voting.
If made by other than the primary introducer, there shall then be required a majority vote of the
elected members. In any event, such motions shall alternatively be passed by unanimous consent
of the body.
In the event a motion to indefinitely postpone a bill is made before the bill is read on General
File, such motion shall require the affirmative vote of a majority of the elected members. After a
motion to indefinitely postpone a bill has been offered, and the introducer of the motion has
made his or her opening remarks on the motion, the principal introducer of the bill shall
immediately be permitted to speak for five minutes on such motion.
In the event a bill has become substantially a new and different bill by reason of amendments
having been adopted, the Speaker may refer said bill to the Reference Committee who must refer
the said bill to a proper committee for a public hearing; provided, that a majority of the elected
members may overrule the decision of the Speaker.
If, in the opinion of the Speaker, the bill is in such form that it should properly be referred back
to committee for further action, he or she may by order direct the same; provided, that a majority
of the elected members may overrule the decision of the Speaker. Any motion to amend a bill or
any motion to amend an amendment shall require a majority vote of the elected members, except
amendments which are substantially the same as any bill indefinitely postponed shall require a
three-fifths vote of the elected members, unless proposed as part of a committee amendment.
Any bill failing to receive 25 votes to be advanced to Enrollment and Review Initial after three
attempts shall be indefinitely postponed.
53
Sec. 4. Enrollment and Review. Bills when advanced to Enrollment and Review shall be
reviewed for recommendations relative to arrangement, phraseology, and correlation.
Advancement to Enrollment and Review from General File for such purpose shall require a
majority of the elected members.
Sec. 5. Select File. When the Legislature considers bills on Select File, any of the following
motions shall be in order.
A motion to approve or reject any or all of the changes recommended by the Chairperson of
Enrollment and Review.
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, except amendments which are substantially the same as
any bill indefinitely postponed shall require a three-fifths vote of the elected members.
A motion to recommit to the proper standing committee.
A motion to postpone indefinitely. After a motion to indefinitely postpone a bill has been
offered, and the introducer of the motion has made his or her opening remarks on the motion, the
principal introducer of the bill shall immediately be permitted to speak for five minutes on such
motion.
Motions made pursuant to subsections b, c, and d hereof may be adopted only upon the
affirmative vote of a majority of the elected members.
Amendments recommended by Enrollment and Review shall not be read by the Clerk except
upon the request of a member of the Legislature.
Notwithstanding any other provision contained in this section, if the Enrollment and Review
Committee returns a bill to Select File from engrossment, then only the specific Enrollment and
Review Committee amendments may be considered.
Any bill failing to receive 25 votes to be advanced to Enrollment and Review Final after two
attempts shall be indefinitely postponed.
Sec. 6. Return to Select File. (a) On a motion to return a bill to Select File for a specific
amendment, a majority of the elected members must concur. No other amendment shall be
considered when the bill is so returned. Such amendment when considered may be adopted by a
majority vote of the elected members, except an amendment which is substantially the same as
any bill indefinitely postponed shall require a three-fifths vote of the elected members.
(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.
Sec. 7. Final Reading. No bill shall be voted on for final passage until:
(a) After five legislative days following the introduction of the bill.
54
55
Appendix B
THE NEW CALIFORNIA CONSTITUTION
ARTICLE II. THE LEGISLATIVE BRANCH
Section 1. Legislature of the State of California. The legislative branch shall consist of a single
chamber entitled the legislature of the state of California.
Section 2. 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.
Section 3. Composition of the Legislature. The legislature shall consist of 320 representatives
and such additional representatives as may be required by Section 7 of this Article. All
representatives shall have equal status and equal voting rights in the legislature.
Section 4. Districts. The state shall be divided into 160 districts of equal population. Each district
shall be entitled to one district representative.
Section. 5. Regions. The state shall be divided into twenty regions of equal population. Each
region shall
be entitled to eight regional representatives.
Section 6. The Election of Representatives. District representatives shall be elected through a
single member district plurality or majority electoral system. Regional representatives shall be
elected through a proportional, open-party-list system.
Section 7. Distribution of Seats. A partys total representation in the legislature, combining
district and regional representatives, shall be the equivalent of that partys total share of the
statewide open-party-list vote. If a party receives more district seats than its proportion of the
statewide open-party-list vote, that party shall retain those district seats but additional
representation in the legislature will be awarded
to other parties in order to achieve each partys proportionate share of the seats. 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.
New California Constitution from Ides, Allan, Approximating Democracy: A Proposal for Proportional Representation in the
California Legislature, 44 Loy. L.A. L. Rev. 437 (2011).
56
Appendix C
Unicameral Nations
Assembly of the Republic of Albania
Population
2,994,667
Type of Government
Parliamentary
13,338,541
2,967,975
Presidential/Parliamentary
8,372,373
Presidential
158,570,535
9,325,032
401,890
Presidential
Parliamentary
Presidential/Parliamentary
constitutional sultanate (locally
known as Malay Islamic Monarchy)
7,093,635
Parliamentary
16,751,455
Parliamentary
19,711,291
Presidential
516,100
4,950,027
10,758,945
1,336,718,015
23,071,779
794,683
11,124
Presidential
Presidential (Prime Minister
Appointed by President)
Presidential/Parliamentary
Communist
Presidential/Premier
Presidential
Parliamentary
4,576,562
Presidential
21,504,162
Presidential
Parliament of Croatia
National Assembly of People's Power of
Cuba
4,483,804
Presidential/Parliamentary
11,087,330
Communist
1,120,489
Presidential
Folketing of Denmark
5,529,888
Parliamentary/Monarchy
72,969
757,074
Parliamentary
Presidential (Prime Minister
Appointed by President)
57
1,177,834
Presidential/Parliamentary
15,007,343
Presidential
6,071,774
Presidential
5,939,484
Presidential/Parliamentary
Presidential (transitional
government)
Riigikogu of Estonia
1,282,963
Parliamentary
Parliament of Finland
5,259,250
Presidential/Parliamentary
1,797,860
Presidential
Parliament of Georgia
4,585,874
Presidential/Parliamentary
Parliament of Ghana
24,791,073
Presidential/Parliamentary
Parliament of Greece
10,760,136
Presidential/Parliamentary
Congress of Guatemala
13,824,463
Presidential
10,601,009
Presidential/Parliamentary
1,596,677
Presidential/Parliamentary
744,768
Presidential/Parliamentary
668,225
8,143,564
Presidential
9,976,062
Presidential/Parliamentary
311,058
Presidential/Parliamentary
Althing of Iceland
Islamic Consultative Assembly of Iran
77,891,220
Presidential
30,399,572
Presidential/Parliamentary
7,473,052
Presidential/Parliamentary
Knesset of Israel
National Assembly of Kenya
House of Assembly of Kiribati
Supreme People's Assembly of North
Korea
41,070,934
100,743
Presidential
Presidential/Parliamentary
24,457,492
Communist/Dictatorship
48,754,657
Presidential/Parliamentary
Assembly of Kosovo
1,825,632
Presidential/Parliamentary
5,587,443
Presidential/Parliamentary
58
2,595,628
Constitutional Emirate
6,477,211
Communist
Saeima of Latvia
2,204,708
Presidential/Parliamentary
Parliament of Lebanon
4,143,101
Presidential/Parliamentary
6,597,960
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
35,236
3,535,547
503,302
2,077,328
Presidential
14,159,904
Presidential/Parliamentary
408,333
Presidential/Parliamentary
1,303,717
Parliament of Moldova
4,314,377
Parliament of Nauru
Constituent Assembly of Nepal
Presidential/Parliamentary
394,999
Parliament of Montenegro
Assembly of the Republic of
Mozambique
Constitutional Monarchy
Presidential
67,182
Presidential/Parliamentary
15,879,252
Constitutional Monarchy
106,836
30,539
Presidential
Presidential/Parliamentary
Presidential
Presidential/Parliamentary
Constitutional Monarchy
3,133,318
Presidential/Parliamentary
661,807
Presidential/Parliamentary
22,948,858
Presidential/Parliamentary
9,322
Presidential/Parliamentary
29,391,883
Presidential/Parliamentary
4,290,347
Parliamentary
5,666,301
Presidential
16,468,886
1,311
Presidential/Parliamentary
Parliamentary
59
Parliament of Norway
4,691,849
Constitutional Monarchy
3,460,462
Presidential
6,187,591
Parliamentary
29,248,943
Presidential/Parliamentary
10,760,305
Presidential
50,314
Parliamentary
193,161
Parliamentary
179,506
Presidential/Parliamentary
7,310,555
Presidential/Parliamentary
89,188
Presidential
5,363,669
Presidential
Parliament of Singapore
4,740,737
Presidential/Parliamentary
5,477,038
Presidential/Parliamentary
9,925,640
Presidential/Parliamentary
45,047,502
Presidential
21,283,913
Presidential/Parliamentary
491,989
9,088,728
Presidential
Parliamentary
Parliament of Syria
22,517,750
Presidential/Parliamentary
42,746,620
Presidential
6,771,993
105,916
78,785,548
4,997,503
Parliament of Tuvalu
10,544
Parliament of Uganda
34,612,250
Presidential/Parliamentary
Constitutional Monarchy
Presidential/Parliamentary
Presidential
Parliamentary
Presidential
60
45,134,707
27,635,743
Presidential
90,549,390
Communist
13,881,336
Presidential
832
Presidential/Parliamentary
Ecclesiastical
61
Appendix D
Copy of PETITIONING THE HOUSE OF REPRESENTATIVES
62
Appendix E
How New Zealands Parliament Makes a Law
Bill introduced
No debate
1st reading*
Initial debate
Select committee
2nd reading*
Main debate on the principles of the bill as it emerged from the select committee.
Select committee amendments adopted.
3rd reading*
Final debate on whether it should be passed in the form emerging from committee of the whole House.
Royal assent
* At any of these steps, a vote in the House can result in the bill being defeated
63
Appendix F
Copy of Action Guide Presenting a Submission to a Select Committee
64