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State Legislative Tracker: Pre-filed bills in Alabama and Kentucky
October 15, 2012
Edited by Greg Janetka
This week's tracker features a look at pre-filed bills in Alabama and Kentucky that could become major issues in 2013.
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Weekly highlight
Alabama recalls
While the majority of state legislative recall efforts around the country have failed, most recently the ones targeting four Louisiana representatives, one Alabama state senator is trying to give citizens in his state to power to recall elected state officials.
Senate Minority Leader Roger Bedford (D) pre-filed a bill that would make Alabama the 20th state with recall laws. Under his bill, officials would be eligible to be recalled after a year in office due to malfeasance or nonfeasance, lack of physical or mental fitness, incompetence or violation of an oath of office. A recall petition would have to be filed with the Secretary of State and, within 90 days, organizers would have to collect signatures equal to at least 25% of the vote cast for the office in the last election.[1]
Current Alabama law only allows for the recall of municipal commissioners and mayors.
Kentucky pensions
Like many other states, Kentucky is facing large projected shortfalls when it comes to funding pensions. Democratic state Rep. Steve Riggs has introduced a bill that, he says, wouldn't solve the problem but would be a step in the right direction.
In a press release on October 8, he stated, “This bill will not solve the sizable pension liability Kentucky is now facing, but I think it is a symbolic gesture that is far more reasonable for my legislative colleagues and me and far more sustainable than our current system.”[2]
Currently, legislative pensions in Kentucky are equal to 2.75% to 5% of the salary multiplied by the number of years served, while regular state pensions equal 1.1% to 2.5% of salary multiplied by years served. Starting in 2005, retiring legislators holding full-time jobs with the state could base their legislative pension on this higher salary, rather than their actual legislative salary.[3]
Under Riggs' bill, lawmakers would be prevented from increasing benefits with other jobs after they leave the General Assembly. Additionally, it would create a 401(k)-style pension plan for new legislators and alter the pensions of lawmakers retiring after the bill takes effect, basing benefits on their five highest paid years rather than three.[2]
Meanwhile, a group of Republican candidates and an independent candidate recently called for an end to state legislative pensions altogether. They have backed state Rep. David Floyd's (R) pre-filed bills which would do just that.[4]
Partisan breakdown
As of today, October 15, 2012, the following figures represent the cumulative partisan breakdown of the 50 state senates and 49 state houses. In the 50 states, Republicans currently control 53.4% of all seats while Democrats hold 44.7%. All told, Republicans control 58 chambers while Democrats are the majority in 37 chambers. Three chambers are tied, while one is nonpartisan.
The totals represent a gain of one Democratic legislator and loss of four Republican legislators from the September 17 Tracker.
| Representation in 50 State Legislatures | ||
|---|---|---|
| Party | Number of | Percentage |
| Democratic state legislators | 3,301 | 44.7% |
| Republican state legislators | 3,956 | 53.4% |
| Independent state legislators | 71 | 0.96% |
| Third party (and non-voting) legislators | 12 | 0.16% |
| Vacancies | 33 | 0.44% |
State Senates
The partisan composition of state senates refers to which political party holds the majority of seats in the state senate. Altogether, in the 50 state senates, there are 1,971 state senators.
As of October 9, 2012, the breakdown of chamber control by party is as follows:
- See also: Partisan composition of state houses
Cumulative numbers
As of October 9, 2012, 1,899 state senators are affiliated with either the Republican or Democratic parties.
| Party | Number of | Percentage |
|---|---|---|
| Democratic state senators | 872 | 44.2% |
| Republican state senators | 1,027 | 52.1% |
| Nonpartisan state senators | 49 | 2.49% |
| Independent state senators | 4 | 0.2% |
| Third Party state senators | 2 | 0.10% |
| Vacancies | 8 | 0.40% |
Vacancies
There are 9 state senate vacancies in 8 states as of October 9, 2012.
| State | Vacancies |
|---|---|
| California | 1 |
| Kentucky | 1 |
| Massachusetts | 1 |
| Mississippi | 1 |
| Montana | 1 |
| Nevada | 2 |
| Wisconsin | 1 |
Independents
There are 6 state senators in 5 states identifying as independents or parties other than Democratic and Representative as of October 9, 2012. They are as follows:
| State | Independents/Third Party |
|---|---|
| Alabama | 1 (Independent) |
| Kentucky | 1 (Independent) |
| Maine | 1 (Independent) |
| Rhode Island | 1 (Independent) |
| Vermont | 2 (Vermont Progressive Party) |
State Houses
The partisan composition of state houses refers to which party holds the majority of seats in the state house or the lower level of each state legislature. Altogether, in the 49 state houses, there are 5,413 state representatives.
As of October 9, 2012, the breakdown of chamber control by party is as follows:
18 chambers
30 chambers
1 chamber (Oregon)
Cumulative numbers
As of October 9, 2012, 5,348 state representatives are affiliated with either the Republican or Democratic parties.
| Party | Number of | Percentage |
|---|---|---|
| Democratic state representatives | 2,429 | 44.9% |
| Republican state representatives | 2,919 | 53.9% |
| Independent state representatives | 18 | 0.33% |
| Third party (and non-voting) representatives | 10 | 0.18% |
| Vacancies | 25 | 0.46% |
Vacancies
There are 25 state house vacancies in 19 different states as of October 9, 2012. They are as follows:
| State | Vacancies |
|---|---|
| Alabama | 1 |
| Arkansas | 1 |
| Florida | 1 |
| Georgia | 2 |
| Hawaii | 1 |
| Iowa | 1 |
| Kentucky | 1 |
| Maine | 2 |
| Minnesota | 1 |
| Mississippi | 1 |
| New Hampshire | 2 |
| New York | 1 |
| North Carolina | 1 |
| Oklahoma | 2 |
| Pennsylvania | 3 |
| Texas | 1 |
| Vermont | 1 |
| Virginia | 1 |
| Wisconsin | 1 |
Independents
There are 28 state representatives in 13 states identifying as independents or parties other than Democratic and Representative as of October 9, 2012. They are as follows:
| State | Independents/Third Party |
|---|---|
| Arizona | 1 (Independent) |
| Georgia | 1 (Independent) |
| Louisiana | 2 (Independent) |
| Maine | 4 (3 non-voting Native American representatives, 1 Independent) |
| Missouri | 4 (Independent) |
| New Hampshire | 2 (Independent) |
| New Mexico | 1 (Independent) |
| New York | 1 (Independence Party of New York) |
| South Dakota | 1 (Independent) |
| Tennessee | 1 (Carter County Republican) |
| Vermont | 8 (5 Vermont Progressive Party, 3 Independent) |
| Virginia | 1 (Independent) |
| Wisconsin | 1 (Independent) |
Sessions
This week 4 out of 50 state legislatures - Michigan, New Jersey, Ohio and Pennsylvania - are meeting in regular session, while Massachusetts is meeting in informal session, which it will continue to do throughout the rest of the year. As of May 16, all states had convened their 2012 sessions.
Forty states have adjourned for the year, while four states - Montana, Nevada, North Dakota, and Texas - were not scheduled to hold regular sessions in 2012.
Regular sessions
- See also: Dates of 2012 state legislative sessions
- Click here to see a chart of each state's 2012 session information.
Although most states have concluded 2012 business, some states have already begun 2013 action. Drafting for 2013 has begun in Montana and North Dakota, while prefiling of legislation is going on in Alabama, Florida, Kentucky, New Hampshire and Virginia.[5]
Special sessions
| Snapshot of State Legislatures: Monday, October 15, 2012 | |
|---|---|
| There are 7,383 Total State Legislators | |
| Total Democratic state legislators | 3,301 (44.7%) |
| Total Republican state legislators | 3,946 (53.4%) |
| There are 99 Total State Legislative Chambers | |
| Total Democratic Party-controlled chambers | 37 |
| Total Republican Party-controlled chambers | 58 |
| Total tied or nonpartisan chambers | 4 |
| 2012 Session Information | |
| Total Special Elections | 32 |
| Total Special Sessions | 20 |
In 2011, special sessions were a widespread occurrence in state legislatures. This was largely due to states' having to complete the redistricting process for legislative and congressional districts. Overall in 2011, there were 45 special sessions in 28 states.
Since the beginning of 2012, there have been 20 special sessions in 16 states. There are no special sessions currently scheduled.
In recess
As of today, October 15, 4 state's sessions are currently in recess:
- California - In recess from September 1, 2012 to November 29, 2012.[6]
- Illinois - In recess from August 17, 2012 to November 27, 2012.[7]
- New York - In recess from June 22, 2012 to January 8, 2013.[6]
- Wisconsin - In recess from March 17 to December 31, 2012.[6]
Redistricting
State news
| Redistricting Facts | |||
|---|---|---|---|
| Maps submitted for vote: 138 out of 142 (97.2%)** | No votes on initial maps in the following: ME (2), MT (2) | ||
| States that have completed Congressional Maps | 43/43 | ||
| States that have completed State Legislative Maps | 48/50 (Maps unfinished: ME, MT) | ||
| **With 50 states, there are 142 possible maps. 50 State Senate, 49 State House (No House in Nebraska), and 43 Congressional (7 states have 1 seat) | |||
Redistricting in Alabama
- See also: Redistricting in Alabama
October 5, Alabama Attorney General Luther Strange announced that the US Department of Justice officially approved of the 2012 redistricting plan for the state House and Senate. The process in Alabama was an extended one, with the governor forced to call a special session after legislators initially failed to accomplish the task.[8]
Redistricting on the ballot
- See also: Redistricting measures on the ballot
This year voters in five states will go to the polls to cast their vote on proposed changes to their state's redistricting process. The measures are as follows:
- California Proposition 40, State Senate Redistricting Plan Referendum (2012)
- Maryland Redistricting Referendum, Question 5 (2012)
- Missouri Redistricting Amendment (2012)
- North Carolina Independent Redistricting Commission Amendment (2012)
- Ohio Redistricting Amendment, Issue 2 (2012)
2012 Legislative Elections
A total of 86 of the 99 chambers will hold state legislative elections on November 6, 2012.
1,301 (65.97%) of the country's 1,972 state senate seats are up for election in November 2012, and 4,714 (87.12%) of the country's 5,411 state house seats are up for election. Altogether, 6,015 (81.47%) of the country's 7,383 state legislative seats will be up for election during the presidential election year.
- 43 of the 50 state senates are holding elections.
- 43 of the 49 state houses are holding elections.
The 6,015 seats up for election is 110 fewer than the 6,125 that were contested in 2010.
Filing deadlines
As of July 12, all signature filing deadlines had passed.
Primaries
- See also: 2012 election dates
The 2012 state legislative primary session began on March 6 in Ohio and wrapped up for the year in New York on September 13.
A total of 198 state legislative incumbents were defeated in a primary - 124 Republicans and 74 Democrats.
Primaries took place in 44 states in 2012. For a review of what happened, click on the state below:
- Ohio - March 6
- Illinois – March 20
- Pennsylvania - April 24
- Indiana, North Carolina, West Virginia - May 8
- Idaho, Nebraska, Oregon - May 15
- Arkansas, Kentucky - May 22
- Texas – May 29
- California, Iowa, Montana, New Mexico, South Dakota - June 5
- Maine, Nevada, North Dakota, South Carolina - June 12
- Colorado, Oklahoma, Utah - June 26
- Georgia - July 31
- Tennessee - August 2
- Kansas, Missouri, Michigan, Washington - August 7
- Hawaii - August 11
- Connecticut, Florida, Minnesota, Wisconsin - August 14
- Wyoming - August 21
- Alaska, Arizona, Vermont - August 28
- Massachusetts - September 6
- Delaware, New Hampshire, Rhode Island - September 11
- New York - September 13
Recalls
- Currently, 18 states permit the recall of state officials. Between 1913 and 2008, there were just 20 state legislative recall elections in five states. Of the 20 state legislative recall elections, 13 out of 20 resulted in the state legislator being recalled. In 2011, there were 11 state legislative recalls in three states, four of which resulted in the legislator being recalled. In 2012, there have been four state legislative recalls - three have failed while one succeeded.
Louisiana
Recall efforts targeting three Republican members of the Louisiana House of Representatives - Kevin Pearson, George Cromer and Ray Garofalo - all failed to collect enough signatures by the October deadline in order to go to a vote.[9]
A fourth representative, Speaker of the House Charles "Chuck" Kleckley, was also facing a potential recall. That effort, however, failed to collect enough signatures by the September 18 deadline and the signatures that were collected were never turned in.[10]
The legislators were targeted primarily because of their support for controversial public education reforms backed by Gov. Bobby Jindal (R).[11] There had been little news about the campaigns since they began.
Michigan
2011 saw a wave of recall attempts in Michigan. While most of those efforts dried up, at least two campaigns continued on (the recall of Paul Scott was successful on November 8, 2011). Organizers of the campaigns to recall Bruce Caswell (R) and Phil Pavlov (R) set their sights on the August 2012 ballot, but both were ultimately abandoned.[12]
Following several attempts to get recall language approved against Sen. Randy Richardville, organizers succeeded on June 12, 2012. The approved petition language against Richardville states that one reason for the recall is Richardville's support for a new bridge between Detroit and Windsor, Ontario.[13]
Special Elections
So far in 2012 there have been 32 special elections in 13 states.
There are no special elections scheduled to take place this week.
Looking ahead
Upcoming special elections include:
- November 6: Kentucky Senate District 19
- November 6: Mississippi State Senate District 19 and House District 52
- November 6: New Jersey Assembly Districts 16, 26, 68
- December 4: Wisconsin State Senate District 33
- December 11: Alabama House of Representatives Districts 30, 34
- December 18: Virginia House of Delegates District 89
- January 8, 2013: California State Senate District 4
- January 8, 2013: Georgia State Senate District 30
See also
- State legislative elections, 2012
- 2012 state legislative calendar
- Signature requirements and deadlines for 2012 state government elections
- State legislative special elections, 2012
- State legislative recalls
Footnotes
- ↑ Alabama Political Reporter, "Senator Pushes Recall Elections on the 2013 Legislative Agenda," September 27, 2012
- ↑ 2.0 2.1 Courier-Journal, "Rep. Steve Riggs pushes to trim pensions for lawmakers," October 8, 2012
- ↑ USA Today, "How state lawmakers pump up pensions in ways you can't," April 16, 2012
- ↑ The Times Tribune, "Republican candidates call for end to legislative pensions," September 13, 2012
- ↑ StateNet, "Daily Session Summary," accessed October 15, 2012
- ↑ 6.0 6.1 6.2 StateScape, Session schedules, accessed October 15, 2012
- ↑ Illinois General Assembly, "Session schedule," accessed October 15, 2012
- ↑ Examiner, "Alabama voting districts get federal approval," October 6, 2012
- ↑ The Republic, "Recall efforts against 3 Republican state lawmakers fail to win support, expire," October 16, 2012
- ↑ Times Picayune, "Public school teachers fall short in efforts to recall Jindal, Kleckley," September 20, 2012
- ↑ American Press, "Leaders call Kleckley recall push a 'grass-roots effort'," June 15, 2012
- ↑ The Times Herald, "State Sen. Phil Pavlov recall fails," April 13, 2012
- ↑ My FOX Detroit, "Recall language targeting Richardville approved," June 12, 2012
