State and Local Governments

Organization of State

governments

Legislative Branch

General Assembly

House ofRepresent

atives

State Senate

Executive Branch

Governor

Lieutenant Governor

Judicial Branch

Court of Appeals

Court of SpecialAppeals

Circuit Courts

Executive Branch of a State

• The executive branch of state government is made up of departments and agencies. It is headed by the governor.

• As the chief executive the governor has considerable power. Duties are much like the duties of the President of the United States. – Appoint heads of departments– Draw up the state budget– Act as commander in chief of the National Guard in

emergencies such as floods, hurricanes, or riots

Powers and Duties of a Governor

• Chief executive of the state• Appoints people to fill important state jobs• Recommends how money is to be raised and spent• Commander in chief of state militia• Calls up state police and National guard when they

are needed.• Pardons prisoners in certain cases• Proposes laws to the legislature• Leader of his/her political party in the state.• Presides over important ceremonies.

State Officials

• Lieutenant Governor- the second most important official in the state. This person is elected in 34 states. He/She serves as the leader of the Senate in 28 states.

• Attorney General- Chief legal officer in the state. She/He advises the governor on matters dealing with the law.

• Secretary of state- Keeps official records, publishes laws passed by the state, and oversees much of the state’s official business.

State Officials

• Comptroller or state auditor- Controls the spending of state money and is in charge of keeping financial records for the state.

• State treasurer- Collects taxes due to the state and pays bills owed by the state after they have been approved by the state auditor.

• Superintendant of public instruction- Top educational official of the state. She/He works with the board of education to carry out the laws and to set qualifications for teachers of the state.

State Agencies• Administration• Agriculture• Division of Building Safety, • Career Information System, Idaho • Child Support Services • Children's Trust Fund, Idaho • Commerce• Correction• Education• State Board of Education, • Environmental Quality, • Family & Community Services • Finance

• Fish & Game• Health & Welfare • Health Districts Conference Office • Health District 1 (Panhandle) • Health District 2 (North Central) • Health District 3 (Southwest) • Health District 4 (Central) • Health District 5 (South Central) • Health District 6 (Southeastern) • Health District 7 (Eastern)

State Agencies• Historical Society, Idaho State • Insurance, • Juvenile Corrections, Department of • Labor • Lands• Libraries, Idaho Commission for • Medicaid • Missing Person Clearinghouse • Parks & Recreation, State • Professional-Technical Education, Idaho Division of • Public Television, Idaho

• Division of Public Works, • Division of Purchasing, • State Police (ISP) • Idaho State Tax Commission, • Tax Forms • Transportation• Revenue & Taxation, • Veterans Services, Idaho State • Vocational Rehabilitation, Idaho • Water Resources • Welfare, Division of

Legislative Branch of a State

• Powers:– Legislative:

• pass laws to govern issues within their state that do not conflict with the Federal Constitution.

• Power of the Purse– Non-legislative:

• appointment powers in some states.• Judicial powers—impeachment of state officers.• Constituent powers—constitutional amendments.

• Direct legislation:– Initiative—Voters propose constitutional amendments.– Referendum—citizens directly approve or reject a law.

Legislative Branch of a State

• The legislative branch of state government is made up of legislators who are in charge of making laws.

• Forty-nine of fifty states have bi-cameral legislatures. (Nebraska unicameral).

• Requirements:– Set by individual states.– Usually elected in regular election cycles. – Minimal compensation. – Legislative sessions differ from state to state.

The Judicial Branch of States

• Broken down into three different court systems– Lower State Courts– General Trial courts– High State Supreme Court

Lower State Courts

• Small towns– Justice of the Peace

• Disorderly conduct

• Larger communities– Magistrate/Municipal Courts

• Juvenile courts• Domestic relations courts• Small Claims

– Municipal courts-deal with civil suits, minor criminal offenses, and probate• Probate courts- settle questions about who should receive

property after someone has died.

General Trial Courts

• Criminal and Civil cases– Judge and jury– Felony-major crime (murder, arson)– Misdemeanor-minor crime (littering, some

forms of stealing)

State Supreme Court

• An accused person who thinks he/she did not receive a fair trial in the lower court appeals to the state supreme court.– Does not hold a new trial but reviews

transcripts, records, and evidence and decides whether or not the accused person received a fair trial.

Types of Local Governments• County

– the largest political subdivision of the state– led by an elected group, called supervisors or

commissioners – Responsibilities include:

• keep the peace/maintain jails• assess property• collect taxes• build repair roads/bridges• record deeds and marriages• register voters/supervise elections/administer wills

Types of Local Governments

• Township– unit of local government in fewer than half the

states.– primarily east coast rural areas

• Special District– unit of local government that has a special

function• local school district

Types of Local Governments

• Municipality– a town, city, borough, or urban district whose

legal rights are granted by the state by written agreement.

Taxing and Spending

• Types of local taxes– sales tax

• regressive tax (same for all) • 45 states practice

– makes up 1/3 of all the tax monies the state collects

– income tax• progressive tax (higher income= higher rate)• 43 states practice• some have Corporate income taxes

Taxing and Spending– Property tax

• chief source of income for local governments• makes up about 80 percent of all tax receipts

– Other taxes• inheritance- applied to each heir• estate- assessed on the deceased persons entire

estate• certain business taxes

– severance tax for removing natural resources (gas, oil, coal, and fish)

– licensure- doctors, lawyers, dentists, plumbers, and teachers

Break Down of State & Local Spending

29%

15%29%

7%

7%7% 6% Education

Public Welfare ProgramsOtherPublic SafetyUtilitiesHealth CareTransportation

Source: Magruder’s American Government 2009

Break Down of State & Local Revenue

19%

17%

15%13%

10%

5%

21% Fees & ServicesFederal GovSales TaxProperty TaxPersonal Income TaxUtilitiesOther

Source: Magruder’s American Government 2009