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The Legislative Branch  ,[object Object],A closer look ,[object Object],By: Tabitha Knadler, Bernadette Caron-Taylor, Kayla White, Alyssa Cusick,[object Object]
The Members of Congress,[object Object], The Legislative Branch was established by Article 1 of the Constitution. ,[object Object],It was designed to check and balance the executive branch.,[object Object],House of Representatives and the Senate make up Congress.,[object Object],The House designed as the legislative body closer to the people; whereas the Senate is more of a deliberative house. ,[object Object]
The House of Representatives,[object Object],The Speaker of the House is elected by the Representatives.,[object Object],John Boehner is current Speaker,[object Object],The House is made up of 435 elected members.,[object Object],These members are divided in proportion to their state population.,[object Object],The House has exclusive power which include power to initiate revenue bills, impeach federal officials, and elect the President in the case  of an electoral college tie.,[object Object],Members are elected every two years and much be at least 25 years of age, U.S. citizen for at least seven years and a resident of the state they represent. ,[object Object]
The Senate,[object Object],The Senate consist of 100 Senators, two for each state.,[object Object],The Senators are elected by the population of the entire state.,[object Object],Senators have to be at least 30 years of age, and a U.S. citizen for nine years. They must be residents of the states in which they represent. ,[object Object]
  State Legislation ,[object Object],State government is modeled after the federal government.,[object Object],In the beginning of the legislative session a caucus is held to elect the officers.,[object Object],The political party with the most elected members  is the majority party and the second largest party becomes the minority.,[object Object]
The Law Making Process,[object Object],A member of the House of Representatives or the Senate formally proposes a bill.,[object Object],Then it goes for committee review.,[object Object],If the bill makes it out of committee, a majority in both the House and Senate must approve it.,[object Object],The conference committee reconciles the bill when different versions have passed in the House and the Senate.,[object Object],Then the president signs the bill and it becomes law. However, the president can veto the bill unless the veto is overridden. ,[object Object]
Committees Purpose,[object Object],Designed to look closely at bills,[object Object],Determine what citizens support or oppose the bill,[object Object],Propose and educate entire body on findings,[object Object],Citizens,[object Object],Subpoena witnesses,[object Object],Records,[object Object]
Committee types,[object Object],Standing committees,[object Object],Responsible for making recommendations based on proposed legislation,[object Object],Select committees,[object Object],Temporary committees appointed to perform a certain task,[object Object],Powers to subpoena witnesses, or open records vary by committee,[object Object]
Committee Types cont.,[object Object],Conference committees,[object Object],Intended to reconcile differences between senate passed bill and house passed bill,[object Object],Present the house and senate each with the same take it or leave it bill,[object Object],Joint committee,[object Object],Members from both houses,[object Object],Authority is limited ,[object Object]
Appropriations,[object Object],Bills originate in House,[object Object],Allocating fiscal funds,[object Object],Earmark a specific amount of money for a particular purpose,[object Object]
Appropriation Process,[object Object],The appropriation process is defined by how the units of state government get the permission to spend money. As a result, no money can be spent from the state treasury without an appropriation.,[object Object],Only the Legislature can make appropriations and these are the three ways:,[object Object],Temporary appropriations. The majority of appropriations are temporary; they are effective for only 2 years, until the Legislature meets again. Most temporary appropriations are made during session and are often called "cat and dog" bills. ,[object Object],Statutory appropriations.The passage and codification of a specific law is when these appropriations are made. They do not expire because the Legislature does not review these appropriations every 2 years, and thus it limits their use,[object Object],Budget amendments. These appropriation are needed for a specific reason during the interim, when the Legislature is not in session. Only the governor and a handful of other authorities can approve the additional spending of federal funds (and, in an emergency, state special revenue funds) using the budget amendment. These funds are not considered part of ongoing operations.,[object Object]
Stages of Temporary Appropriation Process,[object Object],All appropriations bills are first assigned to the House Appropriations Committee. ,[object Object],HB 2 is divided into sections, and these are assigned to various joint subcommittees of the House Appropriations and Senate Finance and Claims Committees. ,[object Object],Subcommittees review HB 2, hold public hearings, and report to the House Appropriations Committee with their recommendations for changes to the Governor's proposed budget. The House Appropriations Committee then consolidates the recommendations into a comprehensive appropriations bill. ,[object Object],The House Appropriations Committee hears appeals from state agencies concerning subcommittee actions, compares subcommittee recommendations to projected revenues, and considers amendments to HB 2. ,[object Object],HB 2 is debated on the floor of the House. ,[object Object],Once HB 2 passes the House, it is transmitted to the Senate, where it's assigned to the Senate Finance and Claims Committee. This committee reviews the bill and generates amendments that provide much of the basis for debate on the Senate floor. ,[object Object],HB 2 is debated on the floor of the Senate. ,[object Object],If the Senate passes a different version of HB 2, it goes back to the House for concurrence. If the House rejects the Senate amendments, the bill goes to a conference committee, which works to find agreement between the two chambers. ,[object Object],Each chamber then approves or rejects the bill. ,[object Object],Once HB 2 has passed the Legislature, it goes to the Governor, who can sign it, reject it, remove specific line items, or propose amendments. The Legislature must vote on any proposed amendments. ,[object Object],If the Legislature rejects the Governor's amendments, the Governor must sign or veto the bill.,[object Object]
Basics of Budget,[object Object],The Legislature determines the size and scope of a state government through its funding,[object Object],Legislature specifies not only how a state will raise the money, or revenue , but it also determines how the state spends the revenue and why,[object Object],The Legislature is required to balance the budget for states as a result of the state constitutions. Balancing the budget is the only constitutional required duty of the Legislature,[object Object],The biggest challenge the Legislature has every session is the balancing revenue and spending,[object Object],However, states are the ones in charge of acquiring capital assets and assume the debt resulting,[object Object],Two-thirds of legislators in each chamber have to approve any amount of debt assumed by the states,[object Object],The state is allowed to borrow money occasionally to provide short term cash flow if there is an anticipation of tax revenues,[object Object]
Sources of Revenue,[object Object]
Sources of Revenue,[object Object],State government gets its revenues from a variety of sources. These include:,[object Object],State taxes 42.2% ,[object Object],Federal funding 37.5% ,[object Object],Licenses and fees 5.7% ,[object Object],Investment earnings 0.6% ,[object Object],Rentals, leases, and royalties,[object Object],Fines,[object Object],Sales of documents, merchandise and property,[object Object]
State Spending,[object Object],The Legislature is unable to spend more than what it anticipates getting in revenues,[object Object],The amount of money available to the Legislature fluctuates from biennium to biennium,[object Object],About 90 percent of the general fund is spent on K-12 education, human services (primarily Medicaid), and the correctional system. ,[object Object],The federal government pays for a large portion of the overall costs of human services and environmental programs. ,[object Object],The federal government and state special revenue funds are the exclusive sources of funding for highway construction and maintenance. ,[object Object]
References,[object Object],Harrison, B. C., & Harris, J. (2011). A More Perfect Union. New York, New York, United States of America: McGraw-Hill.,[object Object],House of Representatives. (2011, February 11). Retrieved September 17, 2011, from Welcome to the Montana Legislature: http://leg.mt.gov/css/house/default.asp,[object Object],The Legislative Branch. (2009, 10 August). Retrieved September 17, 2011, from the White House: http://www.whitehouse.gov/search/site/the%20legislative%20branch,[object Object]
References,[object Object],The Associations of Early Learning Coalitions. “Understanding legislative committees.”http://www.earlylearningassociation.org/mc/page.do?sitePageId=64692,[object Object],United States Senate. “Appropriation.”http://www.senate.gov/reference/glossary_term/appropriation.htm,[object Object],West’s Encyclopedia of American Law. “Appropriation.” 2008. http://legal-dictionary.thefreedictionary.com/appropriation,[object Object],Budget Basics. (2011, July 7). Retrieved September 18, 2011, from the Welcome to Montana Legislature: http://leg.mt.gov/css/fiscal/budget-basics.asp,[object Object]

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  • 15.
  • 16.
  • 17.
  • 18.