A bill’s journey in the state legislative process starts in Legislative Council. A senator, representative or staff person for that legislator tells a Legislative Council attorney the type of bill he wants to introduce or provides written language. The attorney puts it in bill form. After the member reads and checks the bill, he gives it to the clerk. 

The following is a brief explanation of a bill’s journey originating in the House. The Senate follows basically the same route under different rules.  

Representatives and senators can prefile bills before the session starts. They are numbered, dated and referred to a committee. During the session, bills are given a number, introduced, read the first time, and referred to the proper committee by the speaker. The state constitution says each bill or resolution must pertain to only one subject, and the subject must appear in the title.

Committee work, typically started through subcommittees, is probably the most important part of the legislative process. Standing committees examine bills and recommend action. Testimony from the public is taken at the subcommittee level. For most bills, the committee’s recommendations are followed, but either chamber may amend a committee’s action. To prevent a committee from killing a bill by not working on it, a member may recall it from committee to the floor by unanimous consent. 

When a committee completes work on a bill, it prepares a report and submits the report with its recommendation. The bill, with the committee report, is put on the calendar for second reading. A bill must be on the members’ desks at least one day (when they are in session) before second reading.

Some bills are placed on the calendar (agenda) without being sent to a committee. This is known as “going without reference.” To place a bill on the calendar without reference, the body must agree by unanimous consent. 

Bills are listed on the calendar by number, sponsors and title, in the order they are introduced and reported by committees. They are then considered for second reading unless they are contested, either by objection of five members in the House or one member in the Senate. Some bills, such as the Appropriations Bill, are set for Special Order, meaning they are moved to the top of the calendar. A bill on second reading may be fully debated, amended, recommitted to a committee, tabled, etc. By rule, the House amends legislation by majority vote on second reading.

After a bill is discussed and all amendments are adopted, it is voted on for a second reading. If a bill fails to get second reading, it dies.
During third reading, a bill may be acted on as in second reading, except that it takes unanimous consent to amend it. After the amendments are written and the bill is signed by the speaker and clerk, it is sent to the Senate. 

The bill next must get three readings in the Senate. The first reading is when the bill is initially received by the Senate. The bill is then referred to a committee. It goes through a similar subcommittee and committee process as in the House of Representatives. Once it is passed favorably by a committee, the bill is placed on the Senate calendar for second reading.

If the Senate amends the House bill, it is returned to the House for consideration. The House may agree or disagree with the Senate amendment, or it may make amendments to the Senate amendment. If the House disagrees with the Senate amendment, the Senate can either insist on its amendment or agree to the changes from the House.

If the Senate insists upon its amendment, a conference committee is formed. The six members (three appointed by the Senate and three by the House of Representatives) meet and try to reach an agreement. If they agree, their report is sent to both chambers for adoption. When the report is adopted by both chambers, the bill is ordered enrolled for ratification.

If the conference committee does not reach an agreement, the members may return to their respective bodies and ask for free conference powers. The free conference committee may rewrite the bill, whereas the conference committee cannot alter or delete anything agreed to by both chambers. If both chambers concur with the rewrite, the bill is ordered enrolled for ratification.

During ratification, the presiding officers and clerks of the two bodies sign the bill. Then it is immediately sent to the governor. The governor has five days (excluding Sunday) to approve or disapprove a bill. 

If the governor vetoes the bill, it must be returned with a veto message to the clerk of the body in which it originated. If the body overrides the governor’s veto (this requires a two-thirds majority of members present and voting), it is sent to the other body for its consideration. If only one body overrides the veto, the bill is dead. If the two houses override the veto, the bill becomes law. 

Sometimes what the legislature wants to do cannot be done by just passing a bill because the action requires a constitutional amendment. When this happens, a joint resolution is prepared to propose an amendment to the constitution. This joint resolution is introduced and follows the same course as ordinary bills. The resolution must pass each house by a two-thirds vote of all members elected. It does not require the governor’s approval. After passing both chambers, it is placed before the voters at the next general election. If a majority votes for the amendment, a bill to ratify the amendment is introduced during the next session of the General Assembly. The bill must pass by a simple majority vote and does not require the governor’s signature.