Compiling State Legislative Histories

Since statutory language is written broadly and can be ambiguous, it is often the researcher’s job to determine the precise meaning of a statutory provision. That determination is the primary purpose of compiling a “legislative history.” The secondary function of a legislative history is to document the legislative process through the record of publications associated with a piece of legislation. Although the need to determine intent is just as valuable for state statutes as for federal statutes, the research sources available on the state level are far less abundant and the research process is much more fragmented.

LEGISLATIVE PUBLICATIONS, the various documents needed to trace the legislative process, are generally unavailable and vary widely from one state to the next.

Bills are often available only through the state legislature, but are the most reliable of the legislative publications. The versions of the bill as it goes through textual changes throughout the legislative process may be the only way to determine the legislators’ intent.
Hearings are rarely published or made available from state legislatures.
Committee Reports are only published by a handful of states and, even so, may not provide the same detailed rationale for committee action that is found in Congressional Committee reports.
Debates from state legislatures are almost non-existent in published form.
Legislative Journals are published by most states, but have limited value beyond providing a brief description of daily activities of the legislature.

SECONDARY SOURCES may be the most helpful tools in determining the intent of legislation.

Law Journal articles may provide an analysis of a specific issue that has been addressed (or should be addressed) by the state legislature.
Legal research manuals and bibliographies that describe legislative material are often available for state-specific research.
Legislative Research Agencies that research, draft and recommend new legislation issue studies on topics that often result in enactments. These studies are rarely attached to specific legislation.
Legislative Guides may list the legislative publications available for each state, contact information and the legislative process for each state. Here is a publication title that is particularly useful:
Guide to State Legislative and Administrative Materials, ed. William Manz. Littleton, CO: Fred B. Rothman. (in Main Reference KF1 .G8)

THE INTERNET is allowing a growing number of state legislative bodies to expand the accessibility of state materials and often include bill tracking and bill digest features.

The Library of Congress has a Web site with links to all official state Internet sites.
The Council of State Governments Web site identifies issues common among state governments providing a directory of state government officials from all 50 states and territories, and lists research publications produced by CSG staff.
The National Conference of State Legislatures Web site serves as a resource for those who draft legislation on the state level providing a searchable database that accesses publications and court decisions on a variety of legislative issues:

Revised, M. Mason
May 2007