The Legislative Process

The Legislative Process How a Bill Becomes a Law. The Parts of a Bill Provided by Oregon School Employees Association

How a Bill Becomes Law The example that follows uses a bill that was filed during a legislative session. The processing of the bill; however, is totally fictitious. The following steps will take HB 2361 through the process of becoming a law. 1 2 3 4 It Started with an Idea As explained in the Introducing Bills and Bill Format, HB 2361 started with an idea that safety belts should be required in all school vehicles. The idea came from Carolee Lapeyre, a citizen. Carolee was able to convince Representative Prozanski to sponsor the bill and, at his request, it was introduced as a pre-session filing. The First Reading The first reading of this bill involved the public reading of the title (relating clause) during an open session of the full House. (If it was a Senate bill, the first reading would have been in the Senate.) Bill Assigned to a Committee After the first reading, HB 2361 was assigned to the House Transportation Committee by the Speaker of the House. House Committee on Transportation The Chair of the House Transportation Committee was Representative Bob Montgomery (R). There were ten legislators on this committee. Six of the committee members were Republicans and four were Democrats. This committee is the first body that will judge the merits of HB 2361 and make decisions that will either keep the bill active and moving through the process or not. The first decision is made by the chair. Will HB 2361 be scheduled for a hearing? If it is not, the bill will die in committee. The same is true in Senate committees.the committee chair liked the bill and scheduled a hearing. 5 Public Hearing and Work Session The committee chair scheduled both a public hearing and work session on HB 2361. Having both a hearing and work session in one day happens only when the chair is confident that the bill will pass out of committee. A public hearing is scheduled in order to give the opponents and supporters of a bill the opportunity to speak before the committee. After all the testimony is given, the chair can then move the committee into a work session. The work session is a public discussion on the bill(s) by the committee members. Each committee member can make statements, declare a position, or ask questions about the bill. It is also the time when amendments to a bill are proposed and adopted. And finally, it is in work session that a committee can vote to pass or defeat the bill before them.

The supporters of HB 2361 provided both written and verbal testimony to the committee related to the need for safety belts in all school vehicles. Although committee members can ask questions of those giving testimony, none were asked. However, a majority of the committee members made statements of gratitude to the sponsor of the bill for bringing this issue before the committee. After the supporters of the bill were finished, testimony and research studies claiming safety belts are harmful were presented to the committee by a group opposed to the bill. Committee members asked many questions of this group. After everyone had the opportunity to speak and the committee was finished with the people giving testimony, the chair moved the committee into a work session. Once in work session, one of the committee members made a motion to send this bill to the full House with a Do Pass recommendation. The committee voted 10-0 in favor of the motion. 6 7 8 Carrying the Bill to the House Floor A Republican committee member was assigned to carry HB 2361. The carrier is charged with explaining HB 2361 and advocating its passage before the full House. The committee chair assigns each bill passed out of a committee to a committee member to carry to the floor. HB 2361 Second Reading The Transportation Committee sent to the House floor a Do Pass recommendation for HB 2361. The bill was read for a second time before the full House and then moved to be scheduled for a third reading. Third Reading, Debate, and Vote HB 2361 was scheduled for a third reading, debate, and vote in the House. After the third reading, the House Republican committee member carrying the bill was recognized by the Speaker to introduce and explain the bill. After the carrier of the bill finished the explanation and statement supporting a Do Pass vote on HB 2361, other House Representatives were recognized who wished to speak to the issue of safety belts in school vehicles or ask questions related to the bill. Questions on a bill asked by other House Representatives are directed to the carrier of the bill. During the floor debate of HB 2361, the proponents and opponents of the bill watched from the House Gallery. When the House and Senate are in session, only legislators and staff are allowed on the floor. Citizens must watch the proceedings from the House or Senate Galleries (there are TV monitors throughout the Capitol that broadcast the proceedings live). During the debate, some representatives expressed concern about the cost related to purchasing and installing seat belts in all school vehicles. After each representative had the opportunity to speak, the Speaker allowed the carrier of the bill a final comment, and the House voted 56-4 in favor of the bill.

9 10 Senate First Reading and Assigned to a Senate Committee The bill went through the same process on the Senate side as it did on the House side. It had its first reading and was assigned to the Senate Committee on Transportation. Assigned to Senate Transportation Committee The Senate Transportation Committee was chaired by Senator Marilyn Shannon (R) and had seven Senate committee members. There were four Republicans and three Democrats on the committee. The chair of the Senate committee was not as interested in HB 2361 as was the chair of the House committee that heard this bill. But other members of the Senate committee expressed enough interest to the chair for her to schedule a public hearing on the bill. 11 Senate Hearing As was the case on the House side, both supporters and opponents of the bill testified during the public hearing. However, this time the committee members asked probing questions of the supporters of the bill. The senators had real questions about the cost and whether or not seat belts are really necessary in school vehicles. After the public testimony ended, there was no indication from the chair if a work session would be scheduled. 12 Work Session Scheduled The proponents of HB 2361 were able to talk to the chair of the committee and have citizens who supported this bill call their senators and ask the senators to pass the bill out of committee. The communications worked and the chair scheduled a work session. However, during the work session one of the senators offered an amendment to the bill that changed the requirement to a recommendation that school vehicles have seat belts. The amendment was adopted and the bill was passed out of the Senate committee with a Do Pass, as amended, recommendation to the full Senate. A senator was assigned to carry the bill. 13 Senate Second and Third Reading (Debate and Vote) The amended bill was A-Engrossed HB 2361. A second reading was done and a third reading with debate and a vote was completed in the Senate. Since the bill was amended, it must be reprinted with the amendments added and given a designation to signify that it is different from its original introduction. The designation always begins with a letter and is followed by the word Engrossed. The first amendment always starts with A and the alphabet sequence is followed for each additional amended version of the bill.

During the debate, the Senate was evenly split over the issue of seat belts being required versus recommended. The final vote on the A-Engrossed version of HB 2361 was 20-10 in favor. The amended bill passed the Senate. Five of the senators who voted in favor of the bill were opposed to the amendment making seat belts recommended. However, they voted for the bill so it would stay active. If the full Senate or House votes to defeat a bill, it is dead for the session. 14 Returns to the House The bill was then scheduled for a vote by the full House on concurrence with the amended version of HB 2361. A vote of concurrence is necessary if one chamber amends a bill that has been passed by the other chamber. If the concurrence vote is in favor of the amended version, then the bill has passed both chambers and is sent to the Governor for signature. If concurrence fails, a joint House and Senate Conference Committee is created. This committee is made up of an equal number of appointed Senate and House members. The House, after much debate, voted against concurrence. A Senate and House Conference Committee was appointed. 15 Conference Committee Senate and House members met twice to discuss possible solutions to the differences between the House version of HB 2361 and the amended Senate version. The conference committee is the vehicle for the House and Senate to negotiate a settlement on differences that surface during the passage of legislation. The fact that each chamber voted for a version of the same bill indicated there was a common interest in passing some version of the bill referred to a conference committee. During the conference committee meeting it became clear that the issue was money. Who would pay for the seat belts if they were required? Senators were unwilling to pass the cost to school districts. After talking to the Governor s office and the chair of the Ways and Means Committee, it was decided that the state would pay for the seat belts and installation by making a special appropriation to the Department of Education for that purpose. That settled the issue. The conference committee agreed that the bill would be amended to reflect that agreement. 16 HB 2361 Passes The conference committee recommendation was brought before both chambers and passed. The passed bill then was enrolled as B-Engrossed HB 2361 and sent to the Governor.

Types of Legislative Measures A Bill: A measure that changes, amends, or creates law (statute) through the legislative process must be enacted through a bill. Examples: Senate Bill 2361 (SB 2361) or House Bill 6859 (HB 6859) Joint Resolution: This type of measure is used predominantly to propose constitutional amendments; create interim committees; direct state agencies; and authorize a temporary action to be taken. Examples: Senate Joint Resolution 1121 (SJR 1121) or House Joint Resolution 7581 (HJR 7581) Concurrent Resolution: A measure that directly deals with operations and procedures of the legislature; is a statement of condolence or congratulations; or is an adjournment of session. Examples: Senate Concurrent Resolution 5543 (SCR 5543) or House Concurrent Resolution 6452 (HCR 6452) Joint Memorial: A memorial is an expression of opinion or is used to make a request to Congress, the President of the United States, or the general public. Examples:Senate Joint Memorial 5689 ( SJM 5689) or House Joint Memorial 2256 (HJM 2256) A Resolution: A resolution is used by either the Senate or House for its own concerns and procedures such as appointment of a committee of its members or expressing an opinion of public interest.examples: Senate Resolution 2345 (SR 2345) or House Resolution 5897 (HR 5897) A Memorial: Same type of measure as Joint Memorial but done by either the Senate or House. Examples: Senate Memorial 6278 (SM 6278) or House Memorial 7755 (HM 7755) Introducing Bills & Bill Format Introduction of Senate or House Bills: All bills must be introduced through one or more House and/or Senate legislator(s). The only other method of introducing a legislative bill is through a Standing Committee of either the House or Senate. Citizens who want a bill introduced must use one of these methods. All revenue bills must originate in the House. Both the Senate and House establish by rule the number of days legislators have to introduce bills, usually 36 days from the start of session. After that assigned date, bill introductions must be approved. (Exceptions are given to substitute bills and Ways and Means bills.) Bill Format: Legislative bills are drafted primarily by the Legislative Counsel office. The Office of Legislative Counsel is manned by a group of attorneys that specialize in drafting bills and work with legislators during the legislative process as amendments or other changes are needed. After a bill is checked for proper format, the bill is printed. Each legislative bill contains specific information. Let s take a look at House Bill 2361: (provided on the next page.)

The bold and larger type identifies in which side (Senate or House) the bill was introduced, the type of measure, and the assigned number. Summary. Each bill has a short, descriptive statement explaining what the bill does. A qualifying statement that identifies the summary as not a product of the sponsor precedes such summary. A BILL FOR AN ACT. At this point you will notice that line numbering begins in the left-hand margin. Such numbering is used by legislators and others to identify areas of the bill more quickly and is used as reference points. Directly under A BILL FOR AN ACT there is always a Relating Clause. Each bill that is introduced can only have one subject. The relating clause identifies the one subject of that bill. As each legislative session nears its end, legislators and lobbyists hunt for bills that are active for the purpose of amending (last chance strategy). It is called gut and stuff. However, to gut and stuff a bill, amendments must match the relating clause. For example, in House Bill 2361 the relating clause is school vehicles. At any point during session, the assigned committee could hold a hearing on this bill and take out all the provisions dealing with safety belts. That is called gutting. Then the committee could stuff (place) new provisions within the bill that require Bose speakers to be installed in all school vehicles and allow only classical music to be played. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 70th OREGON LEGISLATIVE ASSEMBLY - 1999 Regular Session House Bill 2361 Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession files (at the request of Representative Floyd Prozanski for Carolee Lapeyre) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor s brief statement of the essential features of the measure as introduced. Requires that school buses and school activity vehicles be equipped with safety belts. A BILL FOR AN ACT Relating to school vehicles; creating new provisions; and amending ORS 820.100. Be It Enacted by the People of the State of Oregon: SECTION 1. Section 2 of this 1999 Act is added to and made a part of the Oregon Vehicle Code. SECTION 2. Every school bus and school activity vehicle in this state to transport students to or from school or school activities shall be equipped with the same number of safety belts as there are designated seating positions in the bus or activity vehicle. Safety belts installed to meet the requirements of this section shall conform to standards adopted by the State Board of Education under ORS 820.100. SECTION 3. All school buses and school activity vehicles shall be equipped with safety belts as required by section 2 of this 1999 Act, on or before December 31, 2001. SECTION 4. ORS 820.100 is amended to read: 820.100. (1) The State Board of Education shall adopt and enforce such reasonable standards relating to school bus and school activity vehicle construction and school bus and school activity vehicle equipment as the board deems necessary for safe and economical operation. (2) The State Board of Higher Education may adopt and enforce separate rules of the type described under this section for school buses and school activity vehicles that are under its jurisdiction. (3) The State Board of Education shall adopt and enforce standards for school bus stop arms authorized by ORS 820.105. (4) The State Board of Education shall adopt and enforce standards for safety belts on school buses and school activity vehicles. [(4)] (5) Rules and standards adopted under this section: (a) Must be consistent with requirements established by statute or by rule adopted under statutory authority that relate to the same subject. (b) Shall be consistent with minimum uniform national standards, if such standards exist. (c) May include different requirements for different classes or types of school buses or school activity vehicles. (d) May include any exemptions determined appropriate under ORS 820.150. NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 1675 The top of the bill tells us in which Legislative Assembly this bill was introduced, the year, and whether it was introduced through a regularly scheduled session (every two years) or during a Special Session. This a short statement explaining how and who introduced the bill. Bills are introduced either before session convenes (presession filing) or when session starts. Each chamber (House or Senate) adopts rules that guide the introduction of bills and such rules are cited. Depending on the rules, who requested the bill may or may not be identified. Be It Enacted by the People of the State of Oregon. All bills have this statement, which marks the beginning of the sections and statutes to be amended or created if the bill passes. The bold type that follows are new sections or wording that, if passed, would amend current law or create new law. The Parts of a Bill

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