Lesson #9 - How a Bill becomes a Law
Legislators
gather in the House and Senate chambers during floor sessions to
debate and vote on bills. Every bill that passes the Legislature
comes before each chamber at least three times. But first, they hold
committee meetings where they can listen to the concerns and
recommendations of the public, lobbyists, and other legislators.
Each
legislator usually serves on at least one committee. Committees that
meet during legislative sessions are called standing committees.
Sometimes joint committees or joint subcommittees are formed with
members from both chambers. If the House and Senate cannot agree on
amendments to a bill, they may appoint a special conference committee
to try to find a compromise that both chambers can accept.
Hopefully this
will simplify the legislative process for everyone. Every point where
a bill can be lost is underlined. Some of the steps may be skipped
along the way, but for the most part, this is the path a bill must
take to become law in the state of Alabama.
Originating
House
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Once a bill has been
assigned a number, it’s read to the chamber during what is called
first reading. The presiding officer assigns the bill to a committee
based on its subject matter.
Committee
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If the
committee does nothing with the bill then it
is dead for this legislative
session.
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If the
committee wants to study the bill then the chair of the committee,
who is a member of the majority party, schedules a public hearing on
the bill. These hearings are the most effective way for citizens to
express their opinions about bills. At the
hearing, the public is invited to testify for or against the bill.
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After
testimony at the public hearing, the committee may choose to table
it (i.e. do nothing with it) or vote against it. Either way, it
is dead for this legislative
session.
OR
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After testimony at the
public hearing, the committee can add amendments to the bill,
usually upon recommendations of “experts” or lobbyists.
Floor
Session
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If a committee recommends
passage of a bill, the bill is placed on second reading. At this
time, the entire chamber debates the bill during a floor session.
Legislators may offer amendments. If the originating house votes to
pass the bill during second reading then the bill (with any
amendments) is placed on third reading. Note: Any bill which affects
state funding more than $1,000, involving expenditure or collection
of revenue, must have a fiscal note attached, prepared by the
Legislative Fiscal Office.
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When the bill is reached on
the calendar, it is given a third reading. The whole house considers
the bill for passage. At this time the bill may be studied in
detail, debated, amended and read at length before final passage.
Possibility of testimony at this point, from affected parties.
The
Vote
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If less than a
majority of the members present votes for the bill then it has
failed passage. It
is dead for this legislative
session, unless it is brought up for reconsideration at another
time.
OR
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If a majority of the
members present votes for the bill then it passes and is transmitted
to the other house, along with a formal message. Such messages are
always read in order at any suitable pause in business.
Second
House
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The bill receives its first
reading and begins the process again in this house. (Repeat steps
1-10).
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If the bill passes in the
second house without amendments then it is sent back to the
originating house for enrollment (step 17).
OR
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If the bill passes the
second house with amendments then it is sent back to the originating
house for consideration of the amendments.
Originating
House
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If the originating house
votes to concur with the amendment(s) then the bill is ready for
enrollment (step 17).
OR
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If the
originating house votes to non-concur with the amendments then they
may request a conference committee. If a conference committee is not
requested or accepted by the second house then the
bill is dead for this legislative
session.
Conference
Committee
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If a conference committee
agreement is reached and if both houses adopt the conference
committee report then the bill is finally passed and is sent to the
originating house for enrollment (step 17).
OR
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If either
house refuses to adopt the report of the conference committee then a
motion may be made for further conference. If a conference committee
is unable to reach an agreement then it may be discharged and a new
conference committee may be appointed. Some highly controversial
bills may be referred to several different conference committees. If
an agreement is never reached in conference then the
bill is dead for this legislative
session.
Enrollment
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The bill is prepared in
official form, sent back to originating house for another reading,
then to second house for reading and then transmitted to Governor.
Governor
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Governor signs the bill,
making it law.
OR
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Governor
vetoes it. He must return it to originating house with recommended
amendments. Both houses must reconsider it. If they approve the
amendments, it is returned to Governor for signature, making it a
law. If either house doesn’t approve the amendments then it
is dead.
OR
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If a governor fails to
return a bill to the originating house within 6 days (not including
Sunday) it becomes law without his signature, unless the return was
prevented by recess, in which case he has 2 days after the
legislature re-assembles, or it becomes law without his signature.
OR
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One final possibility is a
pocket veto. If a bill reaches the governor with less than 5 days in
the session, he has up to 10 days after to sign it. If he does not,
it does not become law, and the legislature cannot reconsider the
bill for amendments.
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After a bill is signed by
the governor or passed by the Legislature over the governor’s
veto, it is incorporated into the Alabama Code. This is a
compilation of all state laws. It is updated after each legislative
session.
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