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

How to Read and Analyze Legislation: The Elements of a BillMarie Sullivan, Director of Governmental RelationNOVEMBER 21, 2013

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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


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Title – Recitation of Changes• RCW sections that are amended or reenacted• New sections added to RCW• Sections to be repealed• Identifies whether the bill contains penalties,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


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


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


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


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


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


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


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


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that amended the RCW section• Important to look up repealed sections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


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


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


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


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


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.”


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


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


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


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

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