How a Bill becomes Law

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How a Bill becomes Law

Updated February 25, 2004

MAKING KENTUCKY'S LAWS

Only a member of the General Assembly can introduce legislation. Legislators, however, often introduce bills suggested by other individuals or organizations. Bills vary in length from a single paragraph to hundreds of pages. The Constitution requires that a bill relate to only one subject, which must be stated in the title. Bills that don't adhere to this rule have been ruled unconstitutional.

Some bills pass with little discussion. Others are subjected to much examination and undergo major changes before becoming law. Amendments may be proposed by a committee or any legislator, but bills can be amended only by a vote of the House or Senate. If changes alter a bill significantly in committee, these changes may be rolled into the bill as one amendment, called the committee substitute.

All bills are introduced by delivering them to the House or Senate Clerk, after which they are referred by the Committee on Committees to an appropriate standing committee. Several weeks may pass before a bill is reported out of committee and returned to the floor.

1. Introduction & Committee Referral

A bill may be introduced in the House or Senate.

Each bill is assigned a number, read by title only and sponsor, and referred to a standing committee by the Committee on Committees.

2. Committee Consideration

Committee meetings are open to the public.
A bill may be reported out of committee with one of the following reports: favorable; with amendments; favorable with committee substitute; unfavorable; or, in the Senate, without opinion.
A committee can essentially kill a bill by failing to act on it.

3. First Reading

When a committee reports a bill favorably, the bill has its first reading and is placed in the Calendar for the following day.
If a committee reports a bill unfavorably or without opinion, the bill is not likely to go any further.

4. Second Reading: to Rules

The bill is read by title a second time and sent to the Rules Committee.
The Rules Committee may send the bill back to a committee or place it in the Orders of the Day for a specific day.

5. Third Reading & Passage

"I move that House Bill 100 be taken from its place in the Orders of the Day, read for the third time by the title only and placed upon its passage."

This motion is made by the Majority Floor Leader and initiates floor debate on a bill.
Following debate and amendments, a final vote on the bill is taken.
To pass, a bill must be approved by at least two-fifths of the members of the chamber (40 representatives or 16 senators) and a majority of the members present and voting.
If a bill contains an appropriation or emergency clause, it must be approved by a majority of the members elected to each house (51 representatives and 20 senators).
Proposed amendments to the Kentucky Constitution require a three-fifths vote of each chamber (60 representatives and 23 senators).

6. What Happens Next?

If a bill is defeated, that is the end of it unless two members who voted against it request its reconsideration and a majority approves.
If a bill passes in one house, it is sent to the other chamber where it follows the same procedure.
Both chambers must agree on the final form of each bill. If either house fails to concur in amendments made by the other, the difference must be reconciled by a conference committee of senators and representatives.
Compromises agreed to by conference committees are then subject to approval by both houses.

7. Enrollment

After passage by both houses, a bill is read carefully to make sure the wording is correct.
The bill is signed by the presiding member of each house and sent to the Governor.

8. Governor's Action

The Governor may sign a bill, permit it to become law without signing it, or veto it.
The veto may be overridden by a majority of the members (51 representatives and 20 senators).
The Governor has 10 days (excluding Sundays) to act on a bill after it has been received.

9. Becoming Law

The Constitution specifies that an act becomes law 90 days after the General Assembly adjourns, unless it contains a later effective date or an emergency clause.
Bills with an emergency clause must be approved by a constitutional majority (half the members plus one) and become effective immediately upon approval of the Governor.
The fastest a bill can pass through both houses of the legislature is five days, the minimum time required for three readings in each house. Most bills take longer to complete the process, however.

NOTE: It is possible for a bill to complete the legislative process in four days through the use of companion bills. Companion bills are identical bills introduced at the same time in both houses. After a bill passes one house and is in the Calendar of the other house, it is substituted for the identical bill in the other house, placing it in the Orders of the Day for its third reading. Few companion bills are introduced during a legislative session.

RESOLUTIONS

Besides bills, the legislature may express its feelings in simple, concurrent, or joint resolutions.

Simple resolutions require action by only one house. They are used to handle procedure, organization, or to express the sense of the chamber on a particular matter. Frequently, the House or Senate passes a simple resolution to adjourn in honor or memory of an individual.

Concurrent resolutions adopted by both houses are used to mandate legislative studies and send messages to other branches of government. They are sent to the Governor, but do not have the force of law.

Joint resolutions are used to ratify amendments to the U.S. Constitution, to direct an executive branch agency to conduct a study, or to enact a temporary law. Joint resolutions have the force of law, must pass both chambers, be sent to the Governor, and filed with the Secretary of State.

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