CONGRESSIONAL RECORD – APPENDIX
January 2, 1967
Page 6570
EXTENSION OF REMARKS
Modernizing State Government.
HON. EDMUND S. MUSKIE OF MAINE IN THE SENATE OF THE UNITED STATES Friday, December 15, 1967
Mr. MUSKIE. Mr. President, our federal system is on trial as seldom before in our history. If federalism, as we know it, is to continue, it is essential that we have strong, active State and local government. Consequently, every responsible, constructive effort to strengthen the States is to be commended. Particularly heartening is the recent evidence of growing interest on the part of the business community in providing the grassroots support that is necessary to achieve this goal.
Six months ago, the Chamber of Commerce of the United States issued a booklet entitled "Modernizing Local Government," a guide for businessmen dedicated to the task of improving government at the local level. The chamber now has issued a similar guide entitled "Modernizing State Government."
The booklet states:
Outmoded constitutions and the outdated organization and structure of most State governments obstruct effective State and 1ocal action.
It goes on to assert that we must "so structure and finance State governments that they can be responsive to the important public needs for which the Constitution makes them responsible."
The booklet "in behalf of the national business community, urges businessmen and their organizations to help organize citizen action to achieve effective State and local government."
I know that State officials throughout the Nation will welcome the support and assistance of National, State, and local chambers of commerce in their efforts to strengthen the States and to buttress their role in the federal system. I ask unanimous consent that the text of the booklet be printed in the RECORD at this point.
There being no objection, the text of the booklet is included in the RECORD, as follows:
MODERNIZING STATE GOVERNMENT
FOREWORD
State governments occupy the vital middle ground between the national government and local governments – that level of government that bears the primary responsibility for domestic government in the United States. Among the basic powers reserved to the states by the United States Constitution is the power of creating and granting authority to local government.
Given this strategic position, the states have a unique opportunity to play a major role in meeting domestic governmental needs.
Today, however, most state and local government cannot fully grasp this vital opportunity.
Technological advance and urbanization continue to create economic, social and cultural problems beyond the present scope and capacity of state and local governments to solve.
Outmoded constitutions and the outdated organization and structure of most state governments obstruct effective state and local action. Problems remain unsolved despite attempts by the federal government to fill the void with over 400 grants-in-aid programs – at a current annual cost that has reached $17 billion and continues to grow.
A companion booklet to this one, Modernizing Local Government, points out that: “The nation's future depends on solving these twentieth century problems. The question is not 'whether' but 'how.' Clearly, if solutions are not found within the framework by balanced private enterprise and federal-state-local government arrangement, other ways will be sought. People will not for long tolerate inaction or failure."
The challenge is clear: to so structure and finance state governments that they can be responsive to the important public needs for which the constitution makes them responsible. To be responsive, states must be able to act to:
Raise sufficient revenues in a manner which is fair to individual and corporate citizens alike;
Reach informed decisions on the allocation and coordination of expenditures for major state and local governmental responsibilities such as the expansion of opportunities for quality education, the improvement of the social and economic environment in urban and rural areas, the control of air and water pollution, the improvement of intra-state and intra-urban area transportation networks, and the control of crime;
Protect civil liberties;
Mediate between public and private interests;
Authorize, encourage and help develop flexible and responsive local governments.
Responsive state and local governments and private enterprise are essential to the solution of social and economic problems and to restoring Constitutional balance to federal-state relationships.
This booklet, in behalf of the national business community, urges businessmen and their organizations to help organize citizen action to achieve effective state and local government.
PREPARING FOR ACTION
An action program to modernize the machinery of state government must begin With a fundamental recognition that the job demands patience and perseverance. To modernize state government, it is often necessary to deal with time-consuming legal and legislative procedures, to overcome the fear of change, or inertia, as Well as to mediate the conflicting interests of individuals and groups.
Public support is an essential part of an action program to modernize state government. Without support based on public understanding, the job becomes most difficult and, maybe, impossible.
An important way to develop and solidify public support is to relate public needs and desires to the necessity for state government reform – to show where obsolete state constitutions, laws, and organizational structures and procedures stand in the way of progress.
To do this, it is first necessary to identify public needs and goals. One way this is being done in an increasing number of urban and rural areas is by entering into "Forward America: A Process for Mobilizing Total Community Resources." "Forward America'" as defined by the National Chamber, encourages the principal business organization at the state level and at local levels to co-ordinate the efforts of business, social, professional and political groups and the public in general to attain certain fundamental objectives.
These include efforts to:
Look at over-all regional, state and local public needs;
Determine desirable economic, social and political goals toward Which society should strive;
Identify problems standing in the way of these goals;
Determine machinery, including effective government, necessary to solve these problems;
Establish priorities in attacking these problems;
Obtain public support and cooperation for the development of necessary problem-solving instruments, including modernized government, and the effective use of instruments to solve problems and achieve goals.
This "total" approach involves a systematic analysis, by study teams of informed citizens, of problems and of the machinery needed to solve them.
State and local chambers of commerce are particularly well fitted to coordinate these efforts because of their broad interest in the total environment within which business operates, their access to state and local leaders and the considerable human and physical resources they can apply to problem solving.
Effective coordination is the key to success. Such "total" efforts must involve broad participation. This is why state and local chambers and other associations of businessmen should encourage social, professional and political groups to accept a significant role, with business, in any program developed to get the job done.
CRITERIA FOR EFFECTIVE STATE GOVERNMENT
Recent studies of a number of state governments suggest several criteria that can be used to measure the problem-solving effectiveness of a state's political machinery. These criteria can be set out in these questions:
1. Is the state government organized to develop and reach prompt decisions on alterative state solutions to major economic and social problems?
2. Is the state budgetary process – in both its executive and its legislative phases – designed to help analyze the fiscal resources of the state and recommend spending priorities that use these resources for maximum public benefit?
3. Is the governor authorized and equipped to exercise effective and continuing executive leadership through such arrangement as: an executive budget, long-range planning focus, a strong state planning agency, and an unfettered authority to appoint administrative department heads?
4. Are the state legislature and its standing committees structured and staffed to act offensively on state problems and opportunities?
5. Does the legislature have adequate time to debate, deliberate and determine critical state policies?
6. Is state government willing and able to raise sufficient revenue equitably?
7. Does the state authorize and encourage local governments to coordinate on area-wide planning, assume governmental functions performed by special districts, merge with and/or annex other areas, contract with each other for the performance of functions, and consolidate into area-wide government if citizens desire?
8. Does the state authorize local governments to tax and borrow to meet current and future needs?
9. Does the state authorize local governments to change their administrative organization and structure?
10. Does the state authorize, by interstate compacts, coordination and cooperation with other states and their local governments to solve common economic and social problems?
11. Is state government able to attract and keep qualified public servants?
12. Is the state government responsive to the people it serves?
"No" answers to any of these questions can mean serious governmental problems. In that case, action is needed.
COURSES OF ACTION TO MODERNIZE STATE GOVERNMENT
State and national organizations and institutions have done much research on modernizing state government. These studies have suggested courses of action to do the job.
It must be understood that adoption of needed structural, financial and procedural changes is but the first step toward effective state government. Responsive and responsible government, in the final analysis, depends on the caliber of people who can be attracted to run for elective offices and to serve in appointive offices.
Adaptations to local situations of the suggested actions outlined in the following pages will help lay a necessary foundation for achieving flexible and capable state government. It Will also revitalize the traditional constitutional principles of separation of powers, and checks and balances, at this level of our nation's governmental system.
SUGGESTED GENERAL COURSES OF ACTION TO MODERNIZE STATE GOVERNMENT
Modernize the constitution so that it permits latitude for appropriate action by the three official branches, minimizes the number of appointed authorities or commissions and grants local government appropriate latitude for action.
Revise cumbersome and outdated state statutes and adopt uniform state laws on matters Where uniformity of treatment is desirable and needed. Encourage uniformity of state policy and discourage unnecessary special and local-interest legislation.
Urge the formation of interstate compacts, as necessary, to coordinate action With other states and their local governments on common problems and opportunities. Within the state, support state policies that encourage meaningful coordination among local government or, if area citizens desire, consolidation of local governments to eliminate unnecessary duplication and inefficiency.
Encourage citizen participation in the political process. Chambers of commerce and other economic, social and political groups should train and encourage their members to participate effectively in the political party of their choice, to run for local, state and national offices, and to serve as appointive officials in state and local government.
SUGGESTED ACTION TO MODERNIZE STATE LEGISLATURES
Encourage studies on optimum number of legislators needed to increase the capacity for policy deliberations, provide for economic utilization of resources and personnel while insuring adequate representation, and maximum public visibility;
Ease constitutional restrictions on the length and the frequency of legislative sessions; provide compensation for legislators in keeping With the demands and importance of their position and in accordance With compensation for time invested in comparable work;
Adopt modern organizational and procedural concepts, including an effective committee structure and year-round staffing of the major committees;
Provide adequate physical facilities and communications systems, including more adequate facilities for public hearings and public information;
Encourage legislative participation in long-range studies of state goals, programs and needs.
suggested.
COURSES OF ACTION TO MODERNIZE THE OFFICE AND POSITION OF STATE EXECUTIVE
Authorize the governor to serve two consecutive four-year terms to permit continuity of leadership in the planning and implementation of state programs;
Reduce the number of state elected officers and authorize the governor to appoint and remove executive department heads;
Provide for an executive budget and for a qualified budget and planning staff to enable the governor to submit short- and long-range programs and expenditures;
Provide executive reorganization authority, to enable the governor to improve administrative operation by executive order – subject to post-review by the legislature.
Increasing demands on state and local government for solutions to major public problems require immediate action to attain the above goals.
WHEN TO PROCEED
Situations, opportunities and resources vary from state to state and these Will dictate somewhat differing approaches. Generally, state leaders, through the coordinating efforts of the principal state business organization (such as a state chamber or a broad based trade or professional association) can take the following steps:
1. Discuss needs for modernizing state government with a small number of leaders of State-wide representative private groups and of state and local governments;
Begin to identify regional, state and local needs that can be satisfied only with the help of modernized state governments;
Identify other groups which should be contacted and involved;
Begin developing an effective plan for communicating With the public.
2. Form a state-wide "steering committee" made up of leaders of economic, social and political groups Who are Willing to Work to develop and guide a modernization program.
3. The state-wide steering committee can encourage the development of local steering committees in each urban and rural area of the state. Such areas may encompass one or more state legislative districts.
4. Local-area steering committees can further identify regional, state and local needs that can be satisfied only by modernized state government and also:
Identify broadly the state governmental limitations that stand in the way of meeting those needs;
Determine committees needed to study governmental limitations and develop means for achieving effective state government; Establish a timetable for completing the studies;
Plan a means to secure public reaction to proposed recommendations of steering committee.
5. Local-area steering committees report their recommendations at a state-wide meeting arranged by the state steering committee.
6. At state-wide meeting(s), participants study the local-area steering committee's work and
discuss, and reach tentative agreement on, realistic goals for the state;
Discuss and further identify needs Which modernized government can help meet;
Further discuss limitations of the state government on Which study is needed, and for Which remedial courses of action must be developed;
Discuss study committees suggested by the steering committees;
Reach agreement on study committees needed;
Approve a general timetable for completion of studies;
Authorize the state steering committee to coordinate the program and to name appropriate study committees.
7. Study committees can then be organized and can:
Identify state and national research groups and individuals that can be called upon as consultants; Examine needs;
Detail modernizing actions, or alternatives, to fulfill needs;
Propose actions and procedures to carry them out;
Report the above to the state steering committee and to local-area steering committees.
8. Local-area steering committees can then:
Examine proposals;
Suggest priorities for action to state steering committee.
9. State steering committee can then make final decisions and:
Relay recommendations to state legislative leaders and top officials of the executive branch of state government and request public hearings on proposals in order to obtain public consensus;
Distribute copies of proposals to local steering committees, other involved groups, news media and state and national legislative representatives for their review and comment.
10. Organization leaders and general public discuss proposals, seek consensus.
11. State and local steering committees begin coordinating efforts to implement proposal on which consensus has been reached.
NATIONAL-LEVEL SUPPORT FOR STATE GOVERNMENT MODERNIZATION
The National Chamber federation has Worked in coordination With the Citizens Conference on State Legislatures, the National Governors' Conference, the Council of State Governments, the National Municipal League, the Advisory Commission on Intergovernmental Relations, the National League of Cities, the National Association of Counties, the United States Conference of Mayors' the International City Managers' Association, and the National School Boards Association to produce this brochure. Materials and assistance on state government modernization are available from each of these organizations.
As does the National Chamber, these national organizations emphasize that decisions and actions to modernize state government are matters properly Within the province of state and local citizens and their leaders. They trust that this brochure may provide some helpful guidelines.
They urge their members, and their state and local affiliates, to Work together to help develop and gain state-wide support for the modernization actions which are needed in their respective state governments.
The National Chamber hopes that state business leaders Will initiate state and local action through chambers of commerce and trade and professional associations.
NATIONAL CHAMBER POLICY STATEMENT ON MODERNIZING STATE GOVERNMENT
The role of state government in the American federal system has been declining over the past several years. This is a disturbing trend for the federal system and for the health and future of political and social institutions and the free market economy. The revitalization of state government necessary to avoid further centralization of governmental authority calls for:
a. Strengthening of State legislatures by:
1. The easing of constitutional restrictions on length and frequency of legislative sessions so that each legislature may schedule its sessions as necessary and appropriate to meet its responsibilities.
2. The adequate provision of research and staff facilities to assist legislators with a Wide range of technical, specialized problems.
3. The provision of adequate physical facilities and communication systems at the state capitol for the more efficient operation of the legislature, including more adequate facilities for public hearings and public information.
4. The provision of appropriate offices and secretarial help to enable legislators to conduct legislative affairs in a business-like atmosphere.
5. The provision of compensation for legislators in keeping With the demands and importance of the position and in accord with compensation for tome invested in comparable work.
6. The adoption of modern organizational and procedural concepts, including an effective and efficient committee structure, and year-round staffing of at least some of the major committees.
B. Strengthening the Governor by:
1. Permitting the governor to serve two consecutive four-year terms.
2. Reducing the number of state elected executive officers.
3. Providing for an executive budget.
4. Providing for executive reorganization authority subject to legislative review and possible veto.