|
This page is designed to be a resource to
people interested in how the Idaho legislation process works. For more
information about the Idaho Legislature, click
here.
How a Bill Becomes a Law in Idaho
A bill is a proposal for the enactment,
amendment or repeal of an existing law, or for the appropriation of public
money. A bill may originate in either the House or Senate, with the exception of
revenue measures, which originate in the House of Representatives. It must be
passed by a majority vote of each house of the Legislature and be signed into
law by the Governor. If the Governor vetoes a bill, it can become law if passed
again by a two-thirds majority of those present in each house. A bill can also
become law without the Governor's signature if it is not vetoed within five days
(Sundays excepted) after presentation to the Governor. After the Legislature
adjourns "sine die," the Governor has ten days to veto or sign a bill.
Before the final vote on a bill, it must be
read on three separate days in each house. Two-thirds of the members of the
house where the bill is pending may vote to dispense with this provision.
Introduction
A bill may be introduced by a member, a group of
members or a standing committee. After the 20th day of the session in the House
and the 12th day in the Senate, bills may be introduced only by committee. After
the 35th day bills may be introduced only by certain committees. In the House:
State Affairs, Appropriations, Education, Revenue and Taxation, and Ways and
Means Committee. In the Senate: State Affairs, Finance, and Judiciary and Rules.
The original bill and fifteen copies are
presented to the Chief Clerk who assigns the bill a number. The bill is then
introduced by being read on the Order of Business "Introduction and First
Reading of Bills." Bills that have been passed by the other house are received
and placed on the same Order of Business and treated in the same manner as new
bills.
First Reading
The bill is read the first time and is then
referred by the Speaker of the House to the Judiciary, Rules and Administration
Committee for printing. After the bill is printed, it is reported back and
referred to a standing committee by the Speaker.
Reports of Standing Committees
Each committee to which a bill is referred
conducts a study of all information that may help the committee determine the
scope and effect of the proposed law. Studies may include research, hearings,
expert testimony, and statements of interested parties. A bill may be reported
out of committee with one of the following recommendations:
-
Do pass.
-
Without recommendation.
-
To be placed on General Orders for Amendment.
-
Do not pass. (Bills are seldom released from
committee with this recommendation.)
-
Withdrawn with the privilege of introducing
another bill.
-
Referred to another standing committee.
If a committee reports a bill out and does not
recommend that the bill be amended or other action to keep it from going to the
floor, the bill is then placed on second reading.
Many bills are not reported out by committees and
"die in committee." Special rules of the House apply when the committee does not
desire to report out a bill for consideration by the entire House.
Second Reading
When a bill is reported out of committee, it is
placed on the second reading calendar and is read again. The following
legislative day, the bill is automatically on third reading unless other action
has been taken.
Third Reading
The Clerk is required to read the entire bill
section by section when it is on the Order of Business, "Third Reading of
Bills." It is normal procedure, however, for the members to dispense with this
reading at length.
It is at third reading that the bill is ready
for debate and the final vote on passage of the bill is taken. Each bill is
sponsored by a member who is known as the "floor sponsor" and who opens and
closes debate in favor of passage of the bill. After debate has closed, House
members vote on the electronic voting machine. Each member present can cast
either an "aye" or "nay" vote. A bill is passed by a majority of those present.
If a bill fails to pass, it is filed by the
Chief Clerk. If the bill is passed, it is transmitted to the Senate where it
goes through a similar process.
Senate Action on House Bills
After the final action by the Senate on a House
bill, it is returned to the House with a message explaining the Senate's action.
The message is read to the House. If the bill passed the Senate without
amendment, it is enrolled by the House Judiciary, Rules and Administration
Committee, signed by the Speaker of the House of Representatives and the
President of the Senate and transmitted to the Governor for his action.
Committee of the Whole
When a printed bill is to be amended, it is
referred to the Committee of the Whole for amendment. At the proper Order of
Business, the House resolves itself into the Committee of the Whole House and
the entire membership sits as one committee to consider changes to both House
and Senate bills.
When a House bill has been amended by the
Committee of the Whole, and the amendment(s) accepted by the House, it is
referred to the engrossing committee. Amendments are inserted into the bill and
the engrossed bill is then placed back on the calendar to be considered as a new
bill.
Governor's Action
After receiving a bill passed by both the House
and Senate, the Governor may:
-
Approve the bill by signing it within five
days after its receipt (except Sundays), or within ten days after the
Legislature adjourns at the end of the session ("sine die").
-
Allow the bill to become law without his
approval by not signing it within the five days allowed.
-
Disapprove (veto) the bill within five days
and return it to the house of origin giving his reason for disapproval, or
within ten days after the Legislature adjourns "sine die."
A bill may become law over the Governor's veto if
both houses vote to override the veto by a two-thirds majority vote of the
members present in each house.
When a bill is approved by the Governor or
becomes law without his approval or over his veto, it is transmitted to the
Secretary of State for assignment of a chapter number in the Idaho Session Laws.
Most bills become law on July 1, except in the case of a bill containing an
emergency clause or other specific date of enactment. The final step is the
addition of new laws to the Idaho Code, which contains all Idaho law.
Source:
Quoted directly from
http://www.legislature.idaho.gov/about/howabillbecomesalaw.htm
|