The Three
Branches of State Government
Article
II of the Constitution states: "The powers of government
shall be divided into three district departments, and each of
them confided to a separate magistracy, to wit, those which are
legislative, to one, those which are executive, to another, and
those which are judicial, to another."
Legislative
Branch
The
legislature—known as the General Assembly—is currently composed
of thirty-six members in the Senate, and the House of Representatives
is composed of 151 members. Members of both bodies must be twenty-one
years of age and are elected to two-year terms. The size of the
Senate (or the "Upper Chamber" as it known because of
its third floor location in the Capitol) can, according to the
Constitution, fluctuate between thirty and fifty members, and
the size of the House (or the "Lower Chamber" because
of its second floor location) can fluctuate between 125 and 225
members.
The
size of the General Assembly may be changed only after a Federal
census and during the process of reapportionment.
The
General Assembly is organized by the majority party in both the
Senate and House. The leadership of each is elected by the members.
The Senate is presided over by the lieutenant governor and the
House of Representatives by the speaker. The members of both bodies
establish rules of operation and the leaders establish committees
to which members of both the upper and lower chambers are appointed
and to which legislation is assigned.
Legislation
submitted to the General Assembly is generally assigned to one
or more of the eighteen standing committees. A committee holds
a public hearing and then may report the legislation out of committee.
Then it must be approved by both chambers and signed by the governor.
If the governor fails to sign the legislation within five days
when the legislature is in session, or within fifteen days when
it has adjourned, the legislation becomes law. Legislation vetoed
by the governor may be overridden by a two-thirds vote of the
members of each chamber. The General Assembly employs 269 persons
and has a budget of $14.4 million for fiscal year 1984-85.
Separate,
but responsible to the General Assembly, are the auditors of Public
Accounts. Established in 1702, the auditors must report any unauthorized,
illegal, irregular, or unsafe handling of expenditure of state
funds to both the governor and the General Assembly. The auditors
have a staff of eighty-eight and a budget of $3.3 million for
1984-85.
Executive
Branch
There
are six official positions in state government which are filled
during quadrenial elections. To vote in state elections, Connecticut
residents must be U.S. citizens, at least eighteen years
of age, and must satisfy a twenty-one day residency requirement.
The
six state positions noted above are:
Governor
and Lieutenant Governor are elected together and must be at least
thirty years of age. The governor shall, according to the
Constitution, have "the supreme executive power of the state,"
"shall be Captain General of the militia," "shall,
from time to time, give to the General Assembly information...
and recommend to their consideration such measures as he shall
deem expedient," "shall have the power to grant reprieves
after conviction, and to name commissions."
The
Lieutenant Governor "shall by virtue of his office be president
of the Senate" and "shall assume the office of governor
in the case of "death, resignation, refusal to serve or removal
from office."
Secretary
of State is a position originally established by the Fundamental
Orders. The secretary was mandated by the Fundamental Orders to
be the official keeper of the state's public documents and formal
records and of the state seal. Since its inception, the office
of the Secretary of State has grown from its custodial duties
and now has more than fifty constitutional and statutory mandates.
The
secretary is, by virtue of the office, the commissioner of elections
and administers all provisions covering state and local elections
and some aspects of Federal elections.
While
an independent entity, the State Ethics Commission is within the
administrative power of the secretary. The Ethics Commission
administers the Code of Ethics for lobbyists who seek to influence
legislative action, administrative action, or both. Within the
first six months of 1982, 914 lobbyists registered. Additionally
designated state officials (350) filed financial disclosure statements
with the Ethics Commission.
Treasurer,established
by the Constitution of 1818, "shall receive all monies belonging
to the state, and disburse the same only as he may be directed
by law." The treasurer's duties have been more generally
defined by statutes to the point where the treasurer now manages
seven investment funds and five pensions funds. One of the most
widely known funds is the Yankee Mac Investment Program whereby
pension-fund monies are used to lower interest rates for home
mortgages. Connecticut also was the first state to buy a "seat"
on a major stock exchange, which reduced the cost of buying and
selling securities with the investment funds the treasurer's office
manages.
Controller,established
in 1786, shall according to the Constitution, "preserve the
mode of keeping and rendering all public accounts." The controller's
office is responsible for preparing financial statements relating
to the state's financial condition, paying all wages and salaries,
and providing and maintaining necessary telephone and telegraphic
services.
Attorney
General, established in 1897, has jurisdiction over all non-criminal
legal matters in which the state has an interest and as such represents
all state officers, boards, and agencies by providing advice and
legal opinions, review and approval of legal documents, supervision
of claims for workers' compensation, and represents the state
in all activities in the courts.
Judicial
Branch
The
judicial system has undergone major change within the recent past,
particularly the last decade. Municipal courts were established
in 1961, the circuit court in 1974, the court of common pleas
in 1978, and the juvenile court in 1978.
The
court system now consists of the Supreme Court, Superior Court
and Probate Courts.
The
Supreme Court is composed of a chief justice and five associate
judges, each of whom is a member of me Superior Court. The high
court reviews decisions, when appeals are brought, to determine
whether any material errors were committed.
In
the 1982 general elections me voters approved a constitutional
amendment which created as of October 1, 1983, a new Appeals Court
which will hear legal challenges to court decisions. The Appeals
Court is composed of five individuals who will hear appeals from
the Superior Court, thereby reducing the burden of the Supreme
Court.
The
Superior Court, as of March 1984 has 168 judges, including the
six supreme court justices, who sit in eleven judicial districts
and are divided into trial divisions for criminal, civil, and
family cases. The Superior Court is the sole trial court and exercises
authority over all legal controversies except those handled by
the Probate Courts.
There
are 130 Probate Courts which operate on a fee basis. The probate
judges, who are elected to four-year terms, operate their courts
from the fees charged for the services rendered by the court,
e.g. wills, adoptions.
Excluding
the Probate Courts, the judicial branch of government employs
2,108 individuals and has a budget of $55.8 million for 1984-85.
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