A bill is born; how to legislate

With Idaho's 2014 legislative session now open, today's column outlines the stages of legislation. Next time, a glimpse at various types of bills.

Transforming an idea into living legislation is no simple matter, nor is every bill guaranteed to reach a vote of the full legislative body. As part of the committee process, bills risk death at least five times before they reach the governor.

First, a legislator directs staff in the state's Legislative Services Office to prepare an "RS," or routing service. Commonly called draft legislation, an RS is not public information until or unless "heard" by the appropriate topical committee (e.g., agriculture, education, etc.) of the House or Senate at a print hearing. Committee members don't hear testimony at this stage, but merely consider whether or not to give a bill life.

Which chamber first considers an RS depends on who sponsored its drafting, a representative or senator. Sometimes legislators seek cosponsors from another political party, to increase chances of success. Occasionally an RS will have dual sponsors - mirror legislation that (again, with the exception of tax/revenue bills which by law can only begin in the House) may be introduced in both chambers at once. Controversial or complex bills may take years of repeat introductions before passing.

An RS gets heard if and when the committee chair decides to set it for a print hearing. Most chairs set them as a courtesy, but sometimes an RS never gets heard and fades into the Boise sunset. At print hearings, committee members vote yea or nay to print (not pass) the bill.

Usually they're printed without much discussion - the time for that comes later - and get a bill number, four digits for Senate bills, three for the House (e.g., S1211 or HO211). Now the bill is public information at Legislature.idaho.gov, where anyone can view bills (search by topic or number) and follow their progress, access current Idaho statutes, and look up old bills from past sessions. Citizens may also contact their legislators via the same site.

The next step is the hearing on the merits of the new bill, again by the same committee's simple majority vote. This hearing is the only time the public is allowed to testify in support of, or against, pending legislation. Individual legislators can only introduce bills for a limited time (12 to 20 days into session); after that RSs can only be introduced via committee.

Assuming it survives the resulting committee vote, the bill then heads to the floor of the same body (the entire House or Senate), where it waits for a full floor vote. That vote comes at the third reading of the bill. For the first two "readings" its text is read (full reading is often waived by two-thirds vote), but not debated - essentially a "heads-up" to lawmakers to research or consider it further. If it passes the vote at third reading by simple majority, it moves to the other chamber for the same committee and floor vote process. Amendments add further repetitions of committee and floor action (or potential bill death).

Once bills pass both chambers, it goes to the governor for signature. He can sign, ignore it for five days and let it become law, or veto a bill. A two-thirds vote in each chamber override a veto. Why might the governor choose the second option? To make a statement or reduce political fallout.

Idaho committees are much like those in congress, with both standing and interim committees on various subjects, but one difference stands out: Ways and Means. In congress and some states, it's a money committee. In Idaho, it's a House committee with three Republicans, three Democrats, and a chair from whichever party controls the House at that time.

More unusual is their topic: everything. Ways and Means can hear a bill almost any time, on any subject, contrary to all other committees who have specific subject areas and deadlines for introducing legislation. The result is that Ways and Means can be very powerful and very political late in the legislative process, typically used to put bills on the fast track.

Much more information, including daily updated bill tracking and how to contact legislators, is available at the legislature's website, Legislature.idaho.gov. Legislative Services can also assist those without Internet access at (208) 334-2475.

Next time, the six types of Idaho legislation and how to track them.

Sholeh Patrick, J. D. is a former state lobbyist and a columnist for the Hagadone News Network. Email sholeh@cdapress.com.