Cecily Zamora
The state of Idaho has its own set of state laws, which include the Idaho Constitution, laws passed by the Idaho Legislature, and decisions by courts that interpret Idaho laws. The Idaho Statutes contain laws passed by the Idaho Legislature, which consists of the Idaho House of Representatives and the Idaho Senate. These laws are subject to interpretation by the Idaho Supreme Court and the Idaho Court of Appeals. So, how are laws passed in Idaho, and do they follow common law statutes?
| Characteristics | Values |
|---|---|
| Nature of common law statutes in Idaho | Consist of the Idaho Constitution, laws passed by the Idaho Legislature, and decisions by courts that interpret Idaho laws |
| Who passes the laws? | The Idaho State Legislature, which consists of the Idaho House of Representatives and the Idaho Senate |
| How is a law passed? | A proposed law (bill) is introduced in either chamber of the Idaho Legislature, referred to a standing committee, discussed, amended, and voted on |
| What happens after a bill is passed? | It goes through the same process in the other chamber, and if passed, is reviewed by the Governor of Idaho |
| What can the Governor of Idaho do? | Sign the bill into law, take no action (in which case the bill becomes law), or veto the bill |
| Can the Governor's veto be overridden? | Yes, with a two-thirds majority vote in each chamber of the legislature |
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What You'll Learn
Idaho State Legislature
The Idaho State Legislature is responsible for passing laws, which are then codified in the Idaho Statutes. The Idaho State Legislature consists of the Idaho House of Representatives and the Idaho Senate. The House of Representatives has 70 members, while the Senate has 35. Members of both chambers serve two-year terms with no term limits.
A proposed law, or bill, can be introduced in either chamber of the Idaho Legislature. After a bill is introduced, it is referred to one or more standing committees. These committees determine whether a bill should move forward and can propose amendments. If a bill passes through the committee phase, it will return to the original chamber, which will discuss the bill and consider any amendments. Once the bill is finalized, the chamber votes on whether to pass it.
If a bill is passed, it goes through the same process in the other chamber. If the second chamber amends the bill, the differences between the two versions must be resolved before the bill can proceed. Each chamber must pass identical versions of the bill. If each chamber of the legislature passes the bill, the Governor of Idaho will review it. The Governor may sign the bill into law, or they may choose not to take action, in which case the bill will become law. If the Governor vetoes the bill, it will return to the legislature, which can vote to override the veto with a two-thirds majority in each chamber.
The laws passed by the Idaho Legislature, as well as the provisions of the Idaho Constitution, are often interpreted by the Idaho Supreme Court and the Idaho Court of Appeals. The federal Idaho District Court also issues decisions that may affect Idaho residents.
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Idaho House of Representatives
The Idaho House of Representatives is the lower house of the Idaho State Legislature, which also includes the Idaho Senate. The House of Representatives contains 70 members, while the Senate contains 35. Members of both chambers serve two-year terms and are not subject to term limits.
A proposed law, or bill, can be introduced in either chamber of the Idaho legislature. After a bill is introduced, it is referred to one or more standing committees, which determine whether a bill should move forward and can propose amendments. If a bill passes through the committee phase, it will return to the original chamber, which will discuss the bill and consider any amendments. Once the bill has been finalized, the chamber votes on whether to pass it. If it is passed, it goes through the same process in the other chamber.
The Idaho House of Representatives includes members from both the Democratic and Republican parties. For example, in 2014, two Republican incumbents representing swing districts in North Central Idaho lost re-election, but the Republicans picked up one seat previously held by a Democrat in the same region, resulting in a net loss of one seat.
- Theodore "Todd" Achilles (D), District 16 House Seat B, Minority Caucus Chair
- Joe Alfieri (R), District 4 House Seat A
- Chris Bruce (R), District 23 House Seat A
- Tanya Burgoyne (R), District 29 House Seat B
- David M. Cannon (R), District 30 House Seat A
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Idaho Senate
The Idaho Senate is the upper house of the Idaho State Legislature, which also includes the Idaho House of Representatives. The state is divided into 35 legislative districts, each represented by one senator and two representatives. Senators serve two-year terms and there are no term limits.
The Idaho Senate is responsible for passing laws, in the form of bills, alongside the House of Representatives. A bill can be introduced in either chamber and, if it passes, will move to the other chamber. If the second chamber amends the bill, a new version must be passed by both chambers. The bill then goes to the Governor of Idaho for review. The Governor may sign the bill, take no action (in which case it becomes law), or veto it. If the Governor vetoes the bill, it returns to the legislature, which can vote to override the veto with a two-thirds majority in each chamber.
The current Idaho Senate consists of 35 senators, all of whom are members of the Republican Party. Senators include Ben Adams (District 12), Kelly Arthur Anthon (District 27), Lori Den Hartog (District 22), and Jim Guthrie (District 28).
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Bills and amendments
In Idaho, a proposed law is known as a bill, which can be introduced in either chamber of the Idaho legislature, which consists of the Idaho House of Representatives and the Idaho Senate. After a bill is introduced, it is referred to one or more standing committees, which determine whether a bill should move forward and can propose amendments to it. If a bill passes through the committee phase, it will return to the chamber in which it was introduced. This chamber will then discuss the bill and consider any amendments suggested by a committee or by members of the chamber. Once the bill has been finalized, the original chamber will vote on whether to pass it.
If the bill is passed, it will go through the same process in the other chamber. Sometimes, the second chamber will amend the bill and pass a different version of it. A bill will not reach the next stage unless these differences are resolved, with each chamber passing identical versions of the bill. If each chamber of the legislature passes the bill, the Governor of Idaho will review it. The Governor may sign the bill into law or choose not to take any action, in which case the bill will become a law. However, if the Governor vetoes the bill, it will return to the legislature, which can vote to override the Governor's veto and pass the bill into law. This requires a two-thirds majority vote in each chamber of the legislature.
In addition to the legislative process, Idaho also allows for initiatives and constitutional amendments to be proposed by citizens. This process involves gathering signatures from qualified electors and submitting the proposed initiative or amendment to the Secretary of State's Office. The Attorney General then reviews the proposal and makes recommendations for any necessary revisions. The proposal is then submitted to the division of financial management for a statement of fiscal impact. Finally, the petitioner can proceed with sponsorship and file the measure with the Secretary of State.
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The Governor's role
The Governor of Idaho plays a crucial role in the state's legislative process. While the Idaho Legislature, consisting of the Idaho House of Representatives and the Idaho Senate, is responsible for passing bills, the Governor has the power to influence and shape these bills into laws.
Firstly, the Governor of Idaho has the authority to call special sessions of the Idaho Legislature at any time, outside of the standard annual session from January to mid-March. This ability to convene the legislature allows the governor to address urgent matters or respond to emerging issues that require immediate legislative attention.
Once a bill has been passed by both chambers of the legislature, it is then sent to the governor for review. At this stage, the governor has three options: they can choose to sign the bill into law, take no action and allow the bill to become a law without their signature, or veto the bill. If the governor decides to veto a bill, it will be returned to the legislature. However, the legislature has the power to override the governor's veto and pass the bill into law. Overriding a veto requires a two-thirds majority vote in favour of the bill in each chamber of the legislature.
Additionally, the governor's role extends beyond just reviewing and signing bills. They also have the authority to issue executive orders, which carry the force of law. These executive orders are an essential tool for the governor to implement their policies and direct the state's administration. The governor's executive orders are published and become a part of the official record, alongside the statutes and laws of the state.
Moreover, the governor's influence on the legislative process can be seen in their ability to shape policy. The Idaho Legislature is responsible for translating the public will into policy, and the governor, as the state's leader, plays a pivotal role in this process. They can propose and advocate for specific policies, working closely with the legislature to ensure that the laws passed reflect the interests and needs of Idaho's citizens.
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Frequently asked questions
The laws in Idaho are passed by the Idaho State Legislature, which includes the Idaho House of Representatives and the Idaho Senate. The Idaho Statutes contain the laws passed by the Idaho Legislature, which are interpreted by the Idaho Supreme Court and the Idaho Court of Appeals.
A proposed law, or bill, can be introduced in either chamber of the Idaho Legislature. After introduction, it is referred to one or more standing committees that determine whether it should move forward and propose any amendments. If it passes through the committee phase, it will return to the original chamber for discussion and consideration of any amendments. Once finalized, the chamber votes on whether to pass the bill. If passed, the bill goes through the same process in the other chamber. If each chamber of the legislature passes the bill, the Governor of Idaho will review it. The Governor may sign it into law or take no action, in which case the bill becomes law.
Federal laws apply in Idaho as they do across all 50 states and include the U.S. Constitution, statutes codified in the U.S. Code, decisions by courts that interpret federal laws, and regulations issued by federal administrative agencies. State laws in Idaho include the Idaho Constitution, laws passed by the Idaho Legislature and codified in the Idaho Statutes, and decisions by courts that interpret Idaho laws.
