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Op-Ed: Citizens, states are drowning in legislation

Who knew there were this many things that had to be fixed?

The legislative sessions in Idaho, Montana, Wyoming and Washington are over. Depending on your political perspective, the benefits – or damages – will be felt for years to come.

One thing that isn’t in dispute? Lawmakers couldn’t help but introduce a record number of bills in Idaho, Montana and Wyoming. Washington may also be added to that list, depending on what happens in the second part of its biennium.

In Idaho, lawmakers introduced nearly 800 pieces of legislation – the highest mark going back at least 16 years. Less than 50% of the legislation actually made it across the finish line.

Higher numbers are expected in Idaho, as lawmakers now individually introduce and approve every state department budget, rather than just one large state budget.

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Still, the numbers are staggering, not only for lawmakers who work at the state capitol, but also for citizens who try to follow the session and be involved in the process. Making it more challenging in Idaho is the sometimes minimal lack of notice regarding hearings for bills that have been introduced. We’ve recommended that lawmakers commit to a Rule of Three to allow citizens more time to be engaged.

In Montana, lawmakers also hit a record of 1,761 bills introduced, with a little more than half being signed into law by Gov. Greg Gianforte.

Montana’s joint Rule 40-40 “allows members of the Montana Legislature to request an unlimited number of bill or resolution drafts before December 5. After that date, a member may request the Legislative Council to prepare no more than seven bills or resolutions. Unused requests by one member may be granted to another member. The limits do not apply to code commissioner bills or committee bills.”

In Wyoming, which divides sessions among general session years and budget years, lawmakers also hit a record of 556 bills introduced. But only 31% became law.

Washington state lawmakers were by far the least productive, passing only 19.5% of the more than 2,000 bills they introduced. And they’re not done yet, as Washington works on a biennium and lawmakers will return next January to continue increasing the number.

Passing legislation certainly isn’t a contest. And this column is in no way an encouragement to increase the across-the-finish-line percentages.

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But it is worth pointing out that introducing legislation takes time and resources – resources that are provided by taxpayers (so perhaps a new state rock shouldn’t be high on a lawmaker’s list). More bill introductions also make tracking your elected official’s work more difficult.

Some states, including Arizona, California, New Jersey, Colorado, North Carolina, Florida, North Dakota, Indiana, Louisiana and Montana have sought to restrict how many bills a legislator can introduce each session.

Do all states need a rule that limits a lawmaker’s appetite for more and more legislation? Maybe. But we’d rather see a self-imposed diet.

Chris Cargill is the President of Mountain States Policy Center, an independent free market think tank based in Idaho, Montana, Wyoming and Eastern Washington. Online at mountainstatespolicy.org.

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