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- 1. Drafting of Bills
A bill is a proposed law. It may be drafted by any competent person.
The Legislative Services Commission's Bill Drafting Division drafts
bills at the request of the members of the General Assembly. The Office
of the Attorney General has the statutory duty to draft bills for the
State departments and agencies generally, including the General Assembly.
Thus, legislators have two separate offices to which they may turn for
drafts of bills.
2. Introduction of Bills
Only a member of the General Assembly may introduce a bill - that is,
present it to the General Assembly for its consideration - and he or
she is called the bill's introducer or sponsor.
At the proper time during each daily session, the presiding officer
(called the Chair) announces "Introduction of Bills and Resolutions."
A member wishing to introduce a bill has already filed the bill with
the Principal Clerk. It is received by the Reading Clerk who assigns
a number to it and then reads aloud the name of the introducer, the
bill number , and the bill title. At this point the bill is said to
have passed its first reading.
3. Reference to Committee
Normally, as soon as a bill is introduced, the President Pro Tempore
for Senate bills and the Speaker of the House of Representatives for
House bills name a committee to which the bill will be assigned for
careful study and recommendation. If the committee approves the bill,
it reports this fact and the bill is placed on the calendar - the daily
schedule of business - for consideration by the full membership of the
body. Amendments may be recommended by the committee or may be proposed
by any member from the floor.
4. Consideration by First House
When the time comes for a consideration of the bill by the full membership
of the house (Senate or House of Representatives), the Chair will recognize
the chair of the committee which recommended the bill for passage. This
chair, or a member designated by the chair, will explain the bill, and
then any member who wishes to speak for or against the bill will be
heard. Sometimes there is lengthy and heated debate; sometimes there
is virtually no debate at all. After all who wish to be heard have spoken,
a vote is taken. If the vote is favorable, the bill is said to have
passed its second reading and moves to its third and final reading,
at which time there may be more debate.
5. Consideration by Second House
After a bill has passed it's third reading in the house in which it
was introduced, it is sent to the other house, where it goes through
the same process as in the first house—that is, it is referred to committee,
and if approved, is debated and voted on at the second and third readings
on the floor.
6. Concurrence in Amendments
It often happens that the second house will make changes in a bill
which was passed by the house in which the bill originated. In such
cases the bill must be returned to the house of origin with a request
that that body concur in the changes. If the original house does concur,
the bill is ready to be enrolled and signed into law.
If the original house objects to the amendments adopted in the other
house, the two presiding officers appoint members to a conference committee
which seeks to reconcile the differences between the two houses. If
the committee can agree upon the disputed subject, the committee reports
to each house, and the two houses vote on the recommended text. If either
house rejects the conference committee's recommendation, the bill is
defeated.
7. Enrollment, Ratification, and Publication
After a bill passes both houses, it is enrolled, that is, a clean copy,
including all amendments, is prepared, with space for the signatures
of the two presiding officers, and the governor, if necessary.
The enrolled copy is taken to each presiding officer during the daily
session. Each officer signs the enrolled copy. When the second signature
is affixed, the bill is said to have been ratified. If the bill is a
local law, it will become law.
In November 1996, the citizens of North Carolina voted to amend the
State Constitution to allow for a gubernatorial veto (Section 22 of
Article II of the North Carolina Constitution). All Public Bills other
than bills making appointments or revising districts are presented to
the Governor on the day following ratification for the Governor's approval
or veto. If the Governor signs the bill or takes no action on the bill
within ten days after presentation, the bill becomes law. After adjournment
of the General Assembly, the Governor has 30 days to act on a bill.
The Governor is required to reconvene the General Assembly if the Governor
vetoes a bill after adjournment unless the Governor receives a written
request signed by a majority of the Members that it is not necessary
to reconvene.
If the Governor vetoes a bill, the bill is returned to the original
house where 3/5 of present and voting members can vote to override the
veto. If the original house votes to override the veto, the bill is
sent to the second house where 3/5 of present and voting members must
also vote to override the veto before the bill can become law.
After it becomes law, the term "bill" is no longer used. The enrolled
act or law is given a chapter number and is published under that number
in a volume called "Session Laws of North Carolina."
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