Bill Prefiling. Bills and Bill Processing 3-91
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1 ills and ill Processing 3-91 ill Prefiling Legislatures use a variety of mechanisms to expedite their legislative processes one of which is bill prefiling. The prefiling process allows bills to be prepared and introduced before regular session convenes. It increases the efficiency of the legislative process in several ways: Legislative staff have more time to draft legislation. The paperwork that is necessary for a bill s official introduction for example, gathering sponsor signatures can be completed early. Presiding officers have more time to consider to which committee a bill will be referred. Committees may establish agendas before the first week of session and begin work immediately when session convenes. Prefiling processes. The vast majority of legislatures use bill prefiling (see table ). In fact, only 13 legislative assemblies reported that the prefiling of bills was not allowed. Legislatures vary the ways in which their prefiling processes are set up, however. Most legislative assemblies allow bill prefiling every year (see table ). In 14 legislative bodies, however, the procedures for prefiling used prior to the first year of the biennium differ from the ones used before the second year (see table ). ome legislative bodies limit when prefiling may be used. Twenty-three chambers permit prefiling only before the first year of a biennium. On the other hand, the awaii enate and ouse, Minnesota enate and ouse, West Virginia enate and American amoa ouse allow the early submission of bills prior to the second year of a biennium. As shown in table , legislatures also may set specific time frames within which prefiling is open. For example, in Arizona, legislators may prefile bills from November 15 in an odd-numbered year until the first day of regular session in the subsequent even-numbered year. According to Missouri ouse rules, prefiling may occur between December 1 and the day before a regular session begins. In Minnesota, prefiling is open during the period between the last day of the session in any oddnumbered year and the first day of the session in the following year. y Washington enate rule, oldover members and members-elect to the senate may prefile bills with the secretary of the senate on any day commencing with the first Monday in December preceding any session year; or twenty days prior to any special session of the legislature. Chambers may limit who is allowed to prefile legislation (see table ). Current members typically have the ability to submit bills early. Many legislatures extend the privilege to former members who have been reelected and to newly elected members. Twenty legislative assemblies also allow committees to prefile bills. Occasionally, non-legislative individuals or groups may prefile legislation. For example, executive branch agencies in Iowa, North Dakota and Oregon have this ability. The privilege also is extended to the Iowa governor; the North Dakota upreme Court; and the Oregon secretary of state, state treasurer, attorney general, labor commissioner and superintendent of public instruction. Nine chambers indicated that they limit the number of bills that a member may prefile (see table ). For example, the limit in the Alaska enate and ouse and New Jersey enate is 10 bills. In the Oklahoma enate, it is eight bills. Prior to the first year of the biennium, Wyoming National Conference of tate Legislatures
2 3-92 Inside the Legislative Process senators may prefile seven bills, but the limit is reduced to three for the second year. The cap in the Florida ouse is six bills, and in the Colorado ouse, it is five. What happens to a bill after it is prefiled? Most commonly, the bill is numbered. In many chambers, it also is referred to a committee. Twenty legislative bodies allow committees to hear prefiled bills, and 12 chambers permit their committees to vote on these bills (see table ). Fifteen legislative assemblies will place prefiled bills onto a floor calendar. Prefiled bills often must be formally introduced when the regular session convenes; table indicates in which chambers this is true. Use of prefiling. The use of prefiling in the past five years has remained fairly constant in most chambers (see table ). Only 14 chambers have experienced an increase in prefiling. Table illustrates that legislators often do not make sufficient use of their ability to prefile legislation. For example, the number of bills prefiled was 10 percent or less in 30 chambers in 1999 and 24 chambers in In fact, the New Mexico ouse and Ohio enate had no bills prefiled in either year. National Conference of tate Legislatures
3 ills and ill Processing 3-93 Table ill Prefiling Is Allowed The following chambers allow bills to be prefiled. Alabama enate and ouse Alaska enate and ouse Arizona enate and ouse Arkansas enate and ouse Colorado ouse Connecticut enate Delaware ouse Florida enate and ouse Georgia enate and ouse awaii enate and ouse Idaho ouse Illinois enate and ouse Iowa enate and ouse Kansas enate and ouse Kentucky enate and ouse Louisiana enate and ouse Maine enate and ouse Maryland enate Massachusetts enate and ouse Minnesota enate and ouse Mississippi ouse Missouri enate and ouse Montana enate and ouse Nebraska enate Nevada enate and Assembly New ampshire ouse New Jersey enate New Mexico ouse North Dakota enate and ouse Ohio enate Oklahoma enate and ouse Oregon enate Pennsylvania enate and ouse Rhode Island enate outh Dakota enate and ouse Tennessee enate Texas enate and ouse Utah enate and ouse Vermont enate Virginia enate and ouse Washington enate and ouse West Virginia enate and ouse Wyoming enate and ouse American amoa ouse In the following chambers, prefiling of bills is not allowed. California enate and Assembly North Carolina ouse Idaho enate Ohio ouse Indiana ouse Vermont ouse Michigan enate and ouse Wisconsin enate and Assembly New Mexico enate Puerto Rico ouse Note: 1. The following chambers did not return a survey: Colorado enate, Connecticut ouse, Delaware enate, Indiana enate, Maryland ouse, Mississippi enate, New ampshire enate, New Jersey General Assembly, New York enate and Assembly, North Carolina enate, Oregon ouse, Rhode Island ouse, outh Carolina enate and ouse, Tennessee ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico enate and Virgin Islands enate. National Conference of tate Legislatures
4 3-94 Inside the Legislative Process Table When Prefiling Is Allowed Every year Prior to first year of a biennium only tate (1) Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia awaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New ampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Prior to second year of a biennium only National Conference of tate Legislatures
5 ills and ill Processing 3-95 Table When Prefiling Is Allowed, cont d. Every year Prior to first year of a biennium only Prior to second year of a biennium only tate (1) Pennsylvania Rhode Island outh Carolina outh Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American amoa Puerto Rico Key: =enate =ouse or Assembly =oth chambers Note: 1. The following chambers did not return a survey: Colorado enate, Connecticut ouse, Delaware enate, Indiana enate, Maryland ouse, Mississippi enate, New ampshire enate, New Jersey General Assembly, New York enate and Assembly, North Carolina enate, Oregon ouse, Rhode Island ouse, outh Carolina enate and ouse, Tennessee ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico enate and Virgin Islands enate. National Conference of tate Legislatures
6 3-96 Inside the Legislative Process Table Prefiling Process Varies In the following chambers, the prefiling process used prior to the first year of the biennium is different than the one used prior to the second year of the biennium. Arizona enate and ouse New Mexico ouse Kansas enate and ouse Oklahoma enate Maine ouse Utah ouse Maryland enate Vermont enate Minnesota enate and ouse Virginia enate and ouse In the following chambers, the prefiling process does not vary from year to year. Alabama enate and ouse Mississippi ouse Alaska enate and ouse Missouri enate and ouse Arkansas enate Montana enate Colorado ouse New Jersey enate Connecticut enate North Dakota enate and ouse Delaware ouse Oklahoma ouse Florida enate Rhode Island enate Georgia enate and ouse outh Dakota enate and ouse Idaho ouse Tennessee enate Iowa enate and ouse Washington enate and ouse Kentucky enate and ouse West Virginia enate and ouse Louisiana enate and ouse Wyoming enate and ouse Maine enate American amoa ouse Note: 1. The following chambers did not return a survey: Colorado enate, Connecticut ouse, Delaware enate, Indiana enate, Maryland ouse, Mississippi enate, New ampshire enate, New Jersey General Assembly, New York enate and Assembly, North Carolina enate, Oregon ouse, Rhode Island ouse, outh Carolina enate and ouse, Tennessee ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico enate and Virgin Islands enate. National Conference of tate Legislatures
7 ills and ill Processing 3-97 Table pecific Time Frame Within Which Prefiling Is Open 1 st Year of iennium 2 nd Year of iennium tate (1) Yes No Yes No Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia awaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New ampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon National Conference of tate Legislatures
8 3-98 Inside the Legislative Process Table pecific Time Frame Within Which Prefiling Is Open, cont d. 1 st Year of iennium 2 nd Year of iennium tate (1) Yes No Yes No Pennsylvania Rhode Island outh Carolina outh Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American amoa Puerto Rico Key: =enate =ouse or Assembly =oth chambers Note: 1. The following chambers did not return a survey: Colorado enate, Connecticut ouse, Delaware enate, Indiana enate, Maryland ouse, Mississippi enate, New ampshire enate, New Jersey General Assembly, New York enate and Assembly, North Carolina enate, Oregon ouse, Rhode Island ouse, outh Carolina enate and ouse, Tennessee ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico enate and Virgin Islands enate. National Conference of tate Legislatures
9 ills and ill Processing 3-99 Table Who May Prefile a ill Current members Former members who are reelected but not sworn in Newly elected members who are not yet sworn in tate (1) Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia awaii Idaho Illinois Indiana Iowa 2 Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New ampshire New Jersey New Mexico New York North Carolina North Dakota 3 Ohio Oklahoma Oregon 4 Committees Other National Conference of tate Legislatures
10 3-100 Inside the Legislative Process Table Who May Prefile a ill, cont d. Current members Former members who are reelected but not sworn in Newly elected members who are not yet sworn in tate (1) Pennsylvania Rhode Island outh Carolina outh Dakota Committees Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American amoa Puerto Rico Other Key: =enate =ouse or Assembly =oth chambers Notes: 1. The following chambers did not return a survey: Colorado enate, Connecticut ouse, Delaware enate, Indiana enate, Maryland ouse, Mississippi enate, New ampshire enate, New Jersey General Assembly, New York enate and Assembly, North Carolina enate, Oregon ouse, Rhode Island ouse, outh Carolina enate and ouse, Tennessee ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico enate and Virgin Islands enate. 2. Iowa: In the enate, the governor and executive branch departments or agencies also may prefile bills. In the ouse, executive branch departments or agencies also may prefile bills. 3. North Dakota: In the enate and ouse, state agencies and the upreme Court also may prefile bills. 4. Oregon: In the enate, executive branch agencies (with the approval of the governor), the secretary of state, the state treasurer, the attorney general, the labor commissioner and the superintendent of public instruction also may prefile bills. National Conference of tate Legislatures
11 ills and ill Processing Table Limit on the Number of ills That May e Prefiled The following chambers limit the number of bills that a member may prefile. Alaska enate and ouse Nevada enate Colorado ouse New Jersey enate Connecticut enate Oklahoma ouse Florida ouse Wyoming enate The following chambers do not limit the number of bills that a member may prefile. Alabama enate and ouse Nebraska enate Arizona enate and ouse Nevada Assembly Arkansas enate and ouse New ampshire ouse Delaware ouse New Mexico ouse Florida enate North Dakota enate and ouse Georgia enate and ouse Ohio enate awaii enate and ouse Oklahoma enate Idaho ouse Oregon enate Illinois enate and ouse Pennsylvania enate and ouse Iowa enate and ouse Rhode Island enate Kansas enate and ouse outh Dakota enate and ouse Kentucky enate and ouse Tennessee enate Louisiana enate and ouse Texas enate and ouse Maine enate and ouse Utah enate and ouse Maryland enate Vermont enate Massachusetts enate and ouse Virginia enate and ouse Minnesota enate and ouse Washington enate and ouse Mississippi ouse West Virginia enate and ouse Missouri enate and ouse Wyoming ouse Montana enate and ouse American amoa ouse Note: 1. The following chambers did not return a survey: Colorado enate, Connecticut ouse, Delaware enate, Indiana enate, Maryland ouse, Mississippi enate, New ampshire enate, New Jersey General Assembly, New York enate and Assembly, North Carolina enate, Oregon ouse, Rhode Island ouse, outh Carolina enate and ouse, Tennessee ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico enate and Virgin Islands enate. National Conference of tate Legislatures
12 3-102 Inside the Legislative Process Table What appens to a ill After It Is Prefiled It is numbered It is referred to a committee It may be heard by the committee It may be voted upon by the committee It may be placed on a calendar tate (1) Alabama Alaska Arizona 2 Arkansas California Colorado 3 Connecticut 4 Delaware Florida Georgia awaii Idaho 5 Illinois 6 Indiana Iowa Kansas 7 Kentucky Louisiana Maine 8 Maryland Massachusetts 9 Michigan Minnesota Mississippi Missouri 10 Montana Nebraska Nevada 11 New ampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma 12 Oregon Other National Conference of tate Legislatures
13 ills and ill Processing Table What appens to a ill After It Is Prefiled, cont d. It is numbered It is referred to a committee It may be heard by the committee It may be voted upon by the committee It may be placed on a calendar tate (1) Pennsylvania Rhode Island outh Carolina outh Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American amoa Puerto Rico Other Key: =enate =ouse or Assembly =oth chambers National Conference of tate Legislatures
14 3-104 Inside the Legislative Process Table What appens to a ill After It Is Prefiled, cont d. Notes: 1. The following chambers did not return a survey: Colorado enate, Connecticut ouse, Delaware enate, Indiana enate, Maryland ouse, Mississippi enate, New ampshire enate, New Jersey General Assembly, New York enate and Assembly, North Carolina enate, Oregon ouse, Rhode Island ouse, outh Carolina enate and ouse, Tennessee ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico enate and Virgin Islands enate. 2. Arizona: In the ouse, a prefiled bill may be placed on a committee agenda after its first reading and assignment to committee. 3. Colorado: In the ouse, nothing happens to the prefiled bill until it is introduced or first read. 4. Connecticut: No description was provided by the enate. 5. Idaho: In the ouse, a prefiled bill is introduced and referred to committee or the second reading calendar on the first day of session. 6. Illinois: In the ouse, prefiled bills are printed and made available to the public. On the opening day, they are deemed automatically introduced. 7. Kansas: In the enate, a prefiled bill is printed. 8. Maine: In the ouse, a prefiled bill is drafted. 9. Massachusetts: In the enate, a prefiled bill is processed internally for consideration in the next biennium. 10. Missouri: In the enate, a prefiled bill is printed. 11. Nevada: In the enate, a prefiled bill is printed, and a history of its status begins. 12. Oklahoma: In the ouse, prefiled bills are given to the speaker and ouse majority leader to prepare for committee assignment. National Conference of tate Legislatures
15 ills and ill Processing Table Formal Introduction when ession Convenes In the following chambers, prefiled bills must be formally introduced when session convenes. Alabama ouse Nebraska enate Alaska enate and ouse Nevada enate and Assembly Arizona enate and ouse New Mexico ouse Arkansas enate North Dakota enate and ouse Colorado ouse Ohio enate Connecticut enate Oklahoma enate and ouse Florida enate and ouse Oregon enate Georgia enate and ouse Pennsylvania ouse awaii enate and ouse outh Dakota enate and ouse Idaho ouse Tennessee enate Illinois enate Texas enate Iowa enate and ouse Utah enate and ouse Kansas enate and ouse Vermont enate Kentucky enate and ouse Washington enate and ouse Louisiana enate and ouse West Virginia enate and ouse Maryland enate Wyoming enate and ouse Minnesota enate and ouse American amoa ouse Missouri enate In the following chambers, prefiled bills do not need formal introduction when session convenes. Alabama enate Montana enate and ouse Arkansas ouse New ampshire ouse Delaware ouse New Jersey enate Illinois ouse Pennsylvania enate Maine enate and ouse Rhode Island enate Massachusetts enate and ouse Texas ouse Mississippi ouse Virginia enate and ouse Missouri ouse Note: 1. The following chambers did not return a survey: Colorado enate, Connecticut ouse, Delaware enate, Indiana enate, Maryland ouse, Mississippi enate, New ampshire enate, New Jersey General Assembly, New York enate and Assembly, North Carolina enate, Oregon ouse, Rhode Island ouse, outh Carolina enate and ouse, Tennessee ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico enate and Virgin Islands enate. National Conference of tate Legislatures
16 3-106 Inside the Legislative Process Table Use of Prefiling in the Past Five Years Increased Decreased Remained the same tate (1) Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia awaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New ampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon National Conference of tate Legislatures
17 ills and ill Processing Table Use of Prefiling in the Past Five Years, cont d. Increased Decreased Remained the same tate (1) Pennsylvania Rhode Island outh Carolina outh Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American amoa Puerto Rico Key: =enate =ouse or Assembly =oth chambers Note: 1. The following chambers did not return a survey: Colorado enate, Connecticut ouse, Delaware enate, Indiana enate, Maryland ouse, Mississippi enate, New ampshire enate, New Jersey General Assembly, New York enate and Assembly, North Carolina enate, Oregon ouse, Rhode Island ouse, outh Carolina enate and ouse, Tennessee ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico enate and Virgin Islands enate. National Conference of tate Legislatures
18 3-108 Inside the Legislative Process Table Percent of ills Prefiled in 1999 and tate (1) enate ouse enate ouse Alabama 10% 5% 10% 10% Alaska 16% 16% 8.8% 8.8% Arizona 8% 10% 23% 25% Arkansas 7% 6% California Colorado 15%-20% 15%-20% Connecticut 7% 7% Delaware 95% 95% Florida 99% 99% Georgia 1% 2% 1% 2% awaii 0.02% 3.5% Idaho 1% 10% Illinois 0.5% 5.3% Indiana Iowa 5% 5% 5% 5% Kansas 7% 3% 12% 5% Kentucky 87% 11% 20% Louisiana 87% 86% 83% 73% Maine 25% 20% 25% 80% Maryland 10% 11% Massachusetts 90% 70% Michigan Minnesota 0% 12% Mississippi 15%-20% 15%-20% Missouri 47% 37% 47% 36% Montana Nebraska 1% 1% Nevada 12% 10% New ampshire New Jersey 33% 37% New Mexico 0% 0% New York North Carolina North Dakota 16% 16% Ohio 0% 0% Oklahoma 10% 90% 10% 90% Oregon 31.5% National Conference of tate Legislatures
19 ills and ill Processing Table Percent of ills Prefiled in 1999 and 2000, cont d tate(1) enate ouse enate ouse Pennsylvania 10% 1% Rhode Island 1% 1% outh Carolina outh Dakota 5% 6% Tennessee 7% 15% Texas Utah 30% 27% Vermont 40% 100% Virginia 7% 11.5% 5% 6% Washington 5% 5% West Virginia 5% 40% 5% 40% Wisconsin Wyoming American amoa 80%-85% 90%-95% Puerto Rico Note: 1. The following chambers did not return a survey: Colorado enate, Connecticut ouse, Delaware enate, Indiana enate, Maryland ouse, Mississippi enate, New ampshire enate, New Jersey General Assembly, New York enate and Assembly, North Carolina enate, Oregon ouse, Rhode Island ouse, outh Carolina enate and ouse, Tennessee ouse, American amoa enate, District of Columbia Council, Guam enate, Northern Mariana Islands enate and ouse, Puerto Rico enate and Virgin Islands enate. National Conference of tate Legislatures
20 3-110 Inside the Legislative Process National Conference of tate Legislatures
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