How to create a great bill draft: follow these suggestions and get the bill you want.

• Author: Feustel, Bruce
• Position: TOOLS OF THE TRADE

The public often hears about Senator Smith or Representative Rogers authoring a bill, but the days of legislators writing their own bills are long gone. State legislatures employ professional bill drafters to mold a legislator's idea into a clear, concise, well-organized and legally correct bill draft. These drafters are usually attorneys and they have intimate knowledge of the state's statutes and bill drafting procedures. The legislator, however, doesn't get off scot-free in this process. In order to get the best bill possible, the lawmaker must follow these principles:

1 THINK PROBLEM AND SOLUTION.

A legislator shouldn't spend time at the beginning worrying about potential bill language. Leave the wordsmithing to the drafter. According to Gordon Malaise, senior attorney with Wisconsin's Legislative Reference Bureau, "a good drafting request consists of two components:

The problem--describe the problem in society or current law that you are trying to solve, together with examples, background materials, and people to contact for more information.

The solution--tell how you want to solve the problem."

2 RESPECT AND BUILD THE RELATIONSHIP.

Former Idaho Representative Doug Jones notes that when he worked with experienced bill drafters, they provided a wealth of information. "They are trained to keep their opinions to themselves, but a legislator should ask for as much help as possible. Experienced drafters can tell you what previous legislatures have done with your topic. Most important, they can tell you where the pitfalls are in your legislation." He urges lawmakers to respect and take advantage of the drafters' expertise.

Iowa's Legal Services Division Director Richard Johnson advises legislators to "be prepared to work with the drafter in answering the questions that arise in the drafting process." Typical questions involve deciding who should administer a new law and what the consequences for violating the law should be. The more patience the legislator shows in working through these questions, the better the final work product.

3 SHARE YOUR STRATEGY.

Senator Leticia Van de Putte of Texas, NCSL president elect, counsels lawmakers to share their political strategy with bill draft ing staff, who work on a confidential basis.

"There are three main reasons why a legislator carries a bill--you're actually trying to change the policy, you're trying to raise awareness about an issue, or you're creating a decoy or trading block. That can affect...