Every state has a state legislature, which works with its respective governor in creating laws and setting public policy. Many similarities exist between Congress and the state legislatures: They both represent and serve their constituents, work with executive leaders to pass laws, stand for election at regular intervals, and receive their power from a state constitution.

The state legislature is actually the oldest democratic institution in American government, dating back to the early colonial period. Today, there are approximately 7,500 state legislators in the United States.

The power, prestige, and influence of state legislatures vary from state to state. In weak-governor states, legislatures have a greater impact on policy formation and decision-making than they do in strong-governor states. One thing that is consistent throughout the fifty states is the location of the state legislature; each meets at the statehouse, which is located in the state capital.

Who Serves in State Legislatures

Most state legislative positions are part-time jobs with low-paying salaries. Not surprisingly, New York and California pay the best, topping out at more than $90,000 for their upper chamber positions. Alabama occupies the bottom, paying out a mere $10 stipend per legislator for every day in session.

Most state legislatures are in session for only several months a year. The legislators spend the rest of the time providing constituent casework services in their districts. This irregular schedule, combined with the low pay, typically leads to a high turnover rate in most state legislatures. It also leads to “overrepresentation” by lawyers because an irregular legislative schedule fits nicely with a part-time law practice. It's not uncommon for lawyers to constitute a quarter of the state legislatures. Most states have an age restriction on serving in the state legislature, with the average minimum age being twenty-one.

Generally speaking, there are two broad categories of citizens who serve as state legislators. The first are career politicians with upwardly mobile career ambitions. Many congressmen, senators and governors learn their trade in the state legislature, and use it as a launching pad. The second group is composed of civic-minded citizens with longstanding and deep ties to the community. These members share a passion about issues that might seem mundane to others — helmet laws for skateboarders, the size of parking spaces for the handicapped, hunting season dates, and so on.

Size and Organization

State legislatures vary greatly in size. New Hampshire has more than 400 legislators representing only 1 million residents, while New Jersey has 120 legislators representing more than 6 million citizens. Nevada has only 60 state representatives for its population of 1.5 million.

The leadership in the state legislatures is similar to that of Congress, with a speaker and majority and minority leaders in the lower chamber, and a senate president and major and minority leaders in the upper chamber. Chamber leaders tend to be even more powerful than Congressional leaders because party discipline is stricter and more important at the state level.

Powers and Authority

The process of passing legislation in the state legislatures is similar to that of Congress, although the subject matter can differ greatly. State legislatures take up everything from new state holidays to the medical use of marijuana, gay marriage, assisted suicide, highway speed limits, ban on cell phone usage in cars, and much more. There are five areas in particular where state legislatures focus most of their attention: education, roads and highways, health and welfare benefits, law enforcement, and conservation.

Education

Anywhere from a quarter to a third of most state budgets are allocated to the education system. A majority of the money goes to the state colleges and universities. Tuition for schools such as Rutgers University, the University of Michigan, the University of California at Berkeley, and the University of Texas is much lower than that of comparable private schools because of state subsidies. (At state universities, out-of-state students typically pay more tuition than do in-state students.) In recent years, state universities have been forced to raise tuition for in-state students because of state budget cuts.

While local municipalities are responsible for administering primary and secondary school (more on this in Chapter 21), the state legislature sets the education guidelines, such as the number of days in a school year, graduation requirements, statewide tests, and so on.

Roads and Highways

Most states allocate approximately 10 percent of their annual budgets for the construction and maintenance of roads and highways. This includes constructing highways, filling potholes, removing snow, establishing speed limits and mandatory seat belt usage, and licensing new drivers. For many state legislators, the Department of Motor Vehicles is a source of unending complaints from their constituents.

Health and Welfare Benefits

It's not uncommon for state legislatures to allocate a quarter of the state budget to health and welfare benefits for the sick and unemployed. State agencies administer state hospitals, immunization programs, welfare benefits, unemployment insurance, and scores of other programs aimed at helping needy citizens. They also regulate medical professionals, as well as private hospitals, nursing homes, and other care centers.

Law Enforcement

While local government is primarily responsible for maintaining law and order, every state has its own police system. State police departments are typically responsible for enforcing civility outside of major cities and towns and maintaining highway safety.

Conservation Efforts

State legislatures play an important role in conserving public lands, establishing state parks, and regulating hunting and fishing. State legislatures can conserve lands by allocating funds to purchase them, or by simply “protecting” them (this is usually done to protect endangered animals or ecosystems).