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Minnesota House of Representatives

How Ideas Become Bills

PART 2

"After all is said and done, ideas dominate legislative life."
-- Jack Davies, former state senator, 1958-1982

BACKGROUND

Who comes up with the ideas for laws? Actually, they come from men and women in all walks of life. Legislators' ideas can stem from personal experience, constituent pressure, strong beliefs, or certain areas of expertise. An individual's idea may come from a personal need for change or innovation. Special interest groups are keenly aware of what might further their causes. And government agencies often propose legislation for sweeping reforms.

Ideas come from . . . legislators

When a teacher, who is also a legislator, noticed that some students in his high school class had a hard time staying awake, he found out why. It wasn't that his classes were boring; it was because some of the students had been working late the night before at a job. So he decided to propose a bill to place limits on the hours students can work on school nights.

And when a high school student was killed in a car crash after attending a high school graduation party where alcohol was served, the Legislature, prompted by an injury compensation study, had a bill drafted that could make hosts of such a party -- as long as they're over 21 -- liable for damages in certain cases.

Another legislator sponsored a bill that regulates electric garage door openers, in part, because a friend of one of his relatives was crushed to death beneath an automatic garage door that failed to operate properly.

. . . individuals

A handicapped woman from Anoka was the driving force behind a law that was recently passed allowing people who are physically impaired to automatically receive absentee ballot applications before each election. The law makes it easier for people with handicaps to vote. (See Appendix C-2)

. . . special interest groups

And the Minnesota Herpetological Society inspired a bill to prohibit the payment of bounties for rattlesnakes. Members of the organization feared that certain species of rattlesnakes would become extinct if the snakes weren't protected. (See Appendix E-5)

. . . government agencies

More often than not, ideas for new laws, or changes to old ones, begin with a government agency. The governor, for example, may see a need to reform drug laws. Or the state Attorney General's Office might suggest more severe penalties for people who commit sex crimes and abuse their spouses. Or the Department of Agriculture might have a sure-fire idea aimed at saving certain crops.

These are just a few examples of ideas that are the catalysts for new laws. Any person or group can come up with an idea for a new law. But a raw idea for a new law is one thing; putting it into proper legal form is another.

Proper legal form

First, each idea needs to have a sponsor in the Legislature. Only a legislator -- a senator or a representative, or both -- can begin to move an idea through the legislative process. The sponsoring legislator, who is called the chief author, may seek other legislators who have an interest in the idea to serve as co-authors. The House and Senate allow from one to five authors for each bill.

Next, the idea must be prepared as a formal bill, resolution, or House advisory before it can be introduced to the Legislature for consideration. A bill or a resolution may be drafted by anyone, but a sponsor must submit it to the Office of the Revisor of Statutes (see Appendix B-3) for final preparation before presenting it to the Legislature. The drafting process may take anywhere from a few days to several weeks, depending upon the complexity of the idea (see Appendix E-2).

A House advisory, on the other hand, need not be submitted to the revisor; an informal draft in layman's language is all that's required. Advisories, which are used only in the House, do not undergo the rigors of legislative debate; they merely present ideas for consideration. Sometimes lawmakers use the form of an advisory when they want to bring a problem to the attention of a committee or see how others feel about a subject. For example, one legislator introduced an advisory calling for a new design on the state flag. He simply wanted to see how people would react to the idea. (See Appendix C-4)

So then, once an idea has attracted at least one sponsor in each body, and the revisor has put it into proper legal form, the legislative journey is ready to begin.

NEW TERMS

SUGGESTED ACTIVITIES

Beginning

Do students have ideas for new laws? Should the voting age be lowered to 12, as a state representative once suggested? Should limits be imposed on tobacco advertising -- particularly those aimed at minors? Should bicycles be equipped with bells, as another lawmaker once proposed? How about people who ride motorcycles? Should they be required to wear helmets as was once the law in Minnesota? What about a similar requirement for people who ride bicycles? A lively discussion is sure to develop.

Intermediate

As on the beginning level, students could be encouraged to discuss ideas they have for new laws. But they could take the activity one step further by drafting each of the proposals into bill form using a real bill (Appendix E-2) as a guide. Students could draft bills individually or as a group. Once the bills are drafted, students could then begin ushering their proposals through the mock legislative process.

Advanced

At this level students could be encouraged to obtain a copy of an actual bill, such as the one calling for a work curfew on school nights for students, and study the language. (An example of what a bill looks like is contained in Appendix E-2.) With these bills in hand, students could discuss the pros and cons of the proposals, and offer suggestions as to how they might alter them. Bills can be obtained from either the Senate Information Office (651-296-0504) or the Chief Clerk's Office (651-296-2314). Sometimes a bill summary is available, which helps to decipher the proposal.

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