HOW A BILL BECOMES A LAW IN KENTUCKY
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.
INTRODUCTION AND 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.
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.
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.
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.
THIRD READING AND 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 3/5th vote of each chamber
(60 representatives and 23 senators).
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.
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.
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.
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 second house, it is
substituted for the identical bill in the other house which is 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.
The Legislative Web Page for Kentucky is located at http://www.lrc.state.ky.us/. Here you can find the Legislative Agenda, The Budget Process, text of
legislation, email addresses, etc.
July 2007
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