How to Track Legislation

Today is a big day for the 58th Oklahoma legislature - it’s the annual Bill Filing Deadline, which means that all bills must be pre-filed by 4:30pm to be considered this year. Just over 1,700 bills and joint resolutions have been filed thus far, and it’s reasonable to expect another 500 to 1,000 more will be filed today. Now, just because a bill is filed doesn’t mean we know what it will actually do, much less whether or not the bill will even get heard in committee. Let’s break down the legislative process, clarify few key terms, and show you how to keep track of legislation as it moves through the Capitol.

THE PROCESS

Once filed, nearly all bills follow the same path to becoming a law: pass out of committee, pass the floor in the chamber of origin, pass committee in the opposite chamber, pass the floor of the opposite chamber, and be signed into law by the Governor. (There are a lot of caveats in that process; we’ll have a longer post outlining the full process soon - stay tuned!)

BILLS vs JOINT RESOLUTIONS

Typically the term “bills” refers to pieces of legislation that are statutory changes - that is, they pertain to the the Oklahoma Statutory Code (i.e. the “regular” state laws). These differ from “joint resolutions,” which are pieces of legislation that will amend the Oklahoma Constitution and therefore are placed on an upcoming ballot for a vote of the people. Bills and joint resolutions are numbered sequentially and identified by the chamber in which they originated (e.g. HB = House Bill, HJR = House Joint Resolution, etc.)

SHELL BILLS

Legislation that has been filed with a title but without any substantial language in the body are called “shell bills.” And there are a lot of them; according to eCapitol’s Shawn Ashley, more than a third of the bills filed thus far fall into this category. Only members of the House are allowed to file shell bills, and most are filed by members of the House leadership. Some shell bills are filed because the member is still working out the final language with the intent of inserting the language later (usually before it is heard in committee). Other shell bills are filed to serve as placeholders for what will become appropriations and budget bills later in the process. That’s why many shell bills have a generic title, like this one, the “Transportation Modernization Act.”

JOINT COMMITTEE ON APPROPRIATIONS AND BUDGET (JCAB)

As the name suggests, the Joint Committee on Appropriations and Budget (JCAB) is a large committee comprised of members of both the House and Senate who deal with - you guessed it - appropriations and budget bills. However, in practice JCAB ends up being the conduit for all kinds of bills near the end of session. It is the exception to all the rules. Bills that were thought to be dead earlier in session will suddenly show up on the JCAB agenda, full of new life and new language (thereby earning the macabre moniker “zombie bills”). JCAB meets with increasing frequency as the legislature nears sine die, often staying late into the evening hours. Typically this culminates in the final days of session with the budget itself, which is often presented just hours (or even minutes) before a vote is held, often with very little time questions or debate. It is the epitome of “how the sausage gets made” and arguably as gross as that phrase suggests.

TRACKING LEGISLATION

There are a number of methods for tracking legislation, both free (e.g. LENS, LegiScan) and paid (e.g. eCapitol). Many people use a combination of sources to keep tabs on bills. We made this brief video to walk you through how to (1) lookup bills on the Legislature’s website, (2) how to track bills using LENS, and (3) how to search for and track bills using LegiScan.

STAYING UP-TO-DATE

Tracking legislation on your own can be fun, helpful, and rewarding, but sometimes things don’t quite go according to plan. This is especially true near the various legislative deadlines and generally anytime there is an important or contentious bill being considered. In these situations, it’s helpful to be connected with an advocacy organization that focuses on a particular issue area. Many of those organizations have lobbyists or other “Capitol insiders” that may know the most current status of bills, which can be key.

keeping an eye on the legislature

I’ll end with an important reminder during these Covid times: it sounds like the Capitol will be operating with a reduced capacity during session this year, including the House & Senate galleries, which may make in-person advocacy more difficult. However, you can watch all committee meetings and floor proceedings on the House and Senate websites and you can always contact your elected officials by phone and email.

Remember: Decisions are made by those who show up. If you don’t show up (virtually or in person), someone else well…and you may not agree with them! Don’t let them be the only voice in your legislator’s ear. Take a few minutes to send an email and start to build a relationship with your elected officials. They’re more accessible than you think!