How to Read and Analyze Legislation: The Elements of a Bill

1. How to Read and Analyze Legislation: The Elements of a Bill Marie Sullivan, Director of Governmental Relation NOVEMBER 21, 2013

2. Bill Title – ACT Phrase • First item in bill • In the form “AN ACT relating to…” • The “ACT” phrase states the subject matter of the bill • Title rule: “No bill shall embrace more than one subject and that shall be expressed in the title.” • Basis for “scope and object” objection if bill content violates title rule

3. Bill Title – Recitation of Changes • RCW sections that are amended or reenacted • New sections added to RCW • Sections to be repealed • Identifies whether the bill contains penalties, appropriations, effective date, expiration date, emergency clause • Identifies whether the bill contains a referendum to the people

4. Enacting Clause • Identifies whether the bill is enacted by: • The Legislature, or • The People of the State of Washington through an initiative to the people or the legislature

5. Amendatory Sections • Amend current RCW language • Use strikeouts to remove language • Use underlining to add language • Heading cites most recent session law and the RCW citation • Heading also may indicate if section is reenacted

6. New Sections • Add a section not currently in law • Heading begins with the words “NEW SECTION.” • Heading may indicated RCW chapter where section will be codified • All language is new • No underlines or strikeouts

7. Codification Directions • In headings of new sections that will be codified in RCW if bill is enacted • May be in separate section in back of bill if several sections are being added to the same chapter

8. Codification Directions (cont.) • Codification directions are generally not provided for: • Intent sections • Codification direction sections • Appropriations • Repealers • Effective date sections • Severability clauses • Emergency clauses • Other sections of a limited or temporary nature

9. Intent Section • States the intended purpose of the bill • Generally is not codified • May be useful in court if law is challenged

10. Definition Section • Amends or creates definitions that apply to an RCW title or chapter • Provides meanings of words used in other sections of title or chapter • Usually near beginning of title or chapter

11. Repealer section • Repeals or revokes specific RCW sections • Repeals bill sections from past sessions that amended the RCW section • Important to look up repealed sections when analyzing a bill

12. Effective Date Clause • Specifies the date on which the bill or section will take effect • If no effective date provided, bill takes effect 90 days after the end of the legislative session in which it was enacted • To set effective date earlier than 90 days requires an emergency clause

13. Emergency Clause • Required if effective date will be less than 90 days after session ends • Necessary for July 1st effective date after long session (odd years) • States that a bill is necessary for the immediate: • Preservation of public peace, health or safety • Support of the state government and its existing public institutions • Exempts bill from being subject to referendum

14. Severability Clause • Tells court that if one section of bill is found unconstitutional, the remainder of bill shall still take effect • Provides necessary assurance to courts that the remaining portions would have been enacted without the portions that are contrary to the Constitution

15. Sunset Clause • Involves sunset review by the Joint Legislative Audit and Review Committee (JLARC) • Sets a date to terminate an agency or program • Terminates underlying statues in the following year

16. Expiration Dates • Sets an expiration date for a program, board, committee, etc. • “This task force expires June 30, 2014.” • “This section expires August 30, 2013.” • “This program expires December 31, 2012.”

17. Null and Void Clause • Makes a bill invalid unless terms specified in the clause are met • Often ties bill to provision of funding in a budget bill • Generally used in House but not Senate

18. Appropriations • All expenditure of state funds must be provided for under state law • Each new legislature can pass: • Supplemental appropriations for current biennium • New appropriations for ensuing biennia • Cannot bind future legislatures • Must specify the sum provided and the object to which it is applied

19. Referendum to the People • Requirement to ask the people to vote on legislation passed by the Legislature • R-74: same sex marriage • SJR 8221: change the constitutional debt limit

20. Save the Date! January 26-27, 2014 Legislative Conference Day on the Hill Registration Open Now! Sponsored by: WSSDA/WASA/WASBO