HOW A BILL BECOMES A LAW IN INDIANA
An idea is developed.
A legislator – either a Representative or a Senator – decides to sponsor
a bill. This could be an original idea, or it could come as a suggestion
from a constituent, an interest group, a public official, or the
Governor. Other lawmakers may be asked to join as co-sponsors. The
co-sponsors may or may not be of the same political party as the sponsor.
A bill is drafted.
At the sponsoring legislator’s direction, the nonpartisan Legislative
Services Agency (LSA) provides research and drafting assistance. LSA
prepares the bill in proper technical form.
The bill is introduced.
The bill is filed by the legislator in her/his own chamber, which could
be either the Senate or the House of Representatives. If the chamber
leadership does not call the bill for First Reading, it “dies.” If the
bill is called, it is scheduled for First Reading.
The bill has its First Reading in the house of origin.
The bill is read by title for the first time to the full legislative
body by the clerk, who hands it to the presiding officer for assignment
to one of the standing committees in the house that it is introduced in.
The bill is assigned to committee.
The President Pro Tempore of the Senate or the Speaker of the House of
Representatives can choose not to refer the bill to a committee. In this
event, the bill “dies.“ If the bill is to advance, it is referred to a
committee for review.
The committee takes action on the bill.
The committee chairperson may choose not to schedule the bill for
hearing. In this event, the bill “dies.“ If the bill is to advance, it
is scheduled for a public hearing. At that hearing, the committee
discusses the merits and disadvantages of the bill, and any interested
party may ask to speak to the committee. Interested persons may speak in
favor of or in opposition to the bill. Following this hearing, the bill
can be voted upon or tabled. If the bill is tabled, it may or may not
come back for a vote. If it does not come back for a vote, the bill
“dies”. If the committee casts a vote on the bill, the bill can be
defeated or it can advance.
The committee sends the bill back to the house of origin for Second Reading.
If the committee advances the bill, it is printed and the full body of
legislators has at least two days to review it. Chamber leadership may
choose not to schedule the bill for Second Reading. In this event, the
bill “dies.“ If the bill is scheduled, any legislator of the house of
origin can suggest amendments to the bill. The amendments can be
approved by a majority vote of the full body of legislators. Following a
vote on amendments, a vote is held on the bill itself. The bill may
“die” at this point, or it may advance.
The house of origin holds the Third Reading and the bill is voted upon
by the full chamber.
Again, chamber leadership may choose not to schedule the bill for Third
Reading, and the bill “dies.“ If the bill is scheduled, amendments can
once again be made. However, on Third Reading, the amendments cannot be
approved unless two-thirds of the legislators agree to the change.
Following a vote on amendments, the bill once again comes to a vote by
the full body. A simple majority of the full house can advance the bill.
If a majority vote is not received, the bill “dies.”
The process repeats in the other chamber.
Once the bill has advanced through the house of origin, it is sent to
the second house, where the process repeats. The second chamber may fail
to act on the bill, in which case the bill “dies.“ If action is taken,
the bill must pass through First Reading, Committee, Second Reading and
Third Reading. The bill can “die” at any step of the way, just as it can
in the house of origin. At the same stages as in the house of origin, as
long as the bill is advancing, amendments may be proposed and accepted.
The bill returns to the house of origin.
If the bill advances through the second chamber without amendments, the
bill is signed by the Speaker of the House and the President of the
Senate and sent to the Governor for signature. If the bill advances with
amendments, it returns to the house of origin. The house of origin may
fail to take action, and the bill “dies.” The legislative body may vote
to approve the changes made by the second chamber. If this happens, the
bill is sent to the Governor for signature. If the first chamber does
not approve the changes made by the second chamber, and both houses want
the bill to advance, the bill is assigned to a Conference Committee.
Conference Committee.
Conference Committee is made up of two members from each of the
legislative bodies. Each chamber sends one member from both major
political parties. The four members attempt to reconcile differences
between the chambers. If agreement cannot be reached, the bill “dies.”
If agreement is reached, the bill returns to both the House and Senate
for another vote. If both houses pass the amended version, it is signed
by the Speaker of the House and by the President of the Senate. It then
goes to the governor for signature.
The bill is sent to the Governor.
Once the governor receives a bill, he can sign it, veto it, or do
nothing. If he signs it, the bill becomes law. If he does nothing, the
bill becomes law without his signature after seven days. If he vetoes
the bill, and the Senate and House of Representatives do nothing, the
bill “dies.“ If he vetoes the bill and the Senate and the House of
Representatives attempt to over-ride the veto, the bill may still become
law. If less than 26 Senators and less than 51 House members do not vote
to over-ride the veto, the bill “dies.“ If a simple majority of both
chambers vote to over-ride the veto, the bill becomes law.
The bill becomes law.
The bill becomes law at a date specified in the body of the bill. It
could be the date of the actual passing or a date at some point in the
future.
The Constitution of Indiana established the House of Representatives and
the Senate. It also provides the basic process that a bill must go
through to become a law and it places certain limits on the power of the
House and Senate. No law is valid if it violates either the Indiana
Constitution or the Constitution of the United States. These documents
guarantee citizens rights which cannot be taken away by any law.
Sometimes a law is passed which someone may think violates the
Constitution of Indiana. These people may challenge such a law in court
and the court will decide whether or not the law should be allowed to stand.
Information from:
State House Tour Office
State House, Room 220
200 West Washington Street
Indianapolis, IN 46204
(317) 233-5293 (317) 233-9565 Fax
captours@idoa.state.in.us
www.IN.gov/statehouse
Lambda Consulting
How a Bill Becomes a Law in Indiana
July 2007
|