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About Bills/Legislation

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About Bills/Legislation

What is a bill?

Think about this scenario. You're reading the morning newspaper and see a story about a "bill" that Senator So-and-so has introduced that will change the speed limit to 100 mph. You think, "What in the world is he thinking? Is he talking about county roads, city streets, turnpikes, interstate highways or what?"

Clearly you need more information. But most importantly, you need to know enough about the legislative process to at least feel confident you will understand the information you access. First, you need to know what a "bill" is.

When you hear people talking about "bills" or "legislation" are they talking about the same thing? The answer to this first question is, Yes. When someone refers to proposals made by our State Representatives and Senators - the terms "bills" and "legislation" are interchangeable. They are, in fact, the same thing.

So, just what is legislation? Like many of the words we use everyday, different sources have different (but similar) definitions. Here are a few for the term, "legislation."

Law enacted by a legislative body
The act of making or enacting laws
The process of enacting statutory law, or the set of statutory laws in a state
A proposed or enacted law or group of laws
Laws made by a governing body
The making of laws
Bills, amendments, resolutions and acts that relate to lawmaking.

Are there different types of bills / legislation?

Each house (the State Senate and the House of Representatives) considers four types of legislation. These are:

Bills - A bill proposes law. Senate bills carry the prefix SB. House bills carry the prefix HB. Bills that originate in the Senate are numbered consecutively beginning with "1" at the beginning of each legislature (first session). Bills that originate in the House are numbered consecutively beginning with "1001" at the beginning of each legislature (first session). All revenue raising measure must originate in the House.
Joint Resolutions - A Joint Resolution carries the full force and effect of law upon its approval by the governor. Joint resolutions typically are not permanent but rather direct a state agency, for instance, to take a particular action within a specified timeframe or call for a special election, etc. Senate joint resolutions carry the prefix SJR and are numbered consecutively beginning with the number "1". House joint resolutions carry the prefix HJR and are numbered consecutively beginning with "1001".
Concurrent Resolutions - Concurrent resolutions must be passed by both houses of the Legislature and are used to express facts, principles, opinions, wishes and purposes of the Legislature. Concurrent resolutions are also used to memorialize the President, Congress, cabinet members or federal agencies on a certain course of action. A concurrent resolution does not have the force and effect of law except when it authorizes the issuance of school-related revenue bonds (pursuant to section 4002.1 of title 70). Senate concurrent resolutions carry the prefix SCR and are numbered consecutively beginning with "1." House concurrent resolutions carry the prefix HCR and are numbered consecutively beginning with "1001."
Simple Resolutions - A simple resolution expresses the opinion or will of one house only and does not have the force and effect of law. It may be used for some of the same purposes as a concurrent resolution; however, its use is not as broad as a concurrent resolution. Senate resolutions carry the prefix SR and are numbered consecutively beginning with "1." House resolutions carry the prefix HR and are numbered consecutively beginning with "1001."

Who thinks of these things? or Where do bills come from?

For the most part, state legislatures operate on what is commonly called "the author system" for the making of law. Only members of the Oklahoma Legislature can introduce legislation. Not even governors can introduce legislation in the Oklahoma Legislature; they may have their budgets and major program initiatives drafted into bill form for introduction, but the bills must have legislative sponsors before they can be introduced. The decision on authorship, particularly if an outside group is requesting a measure, is crucial to the success of a bill.

How many bills does it take to get the job done?

While members are engaged in many other activities, it is the legislative process of promulgating new law that members are most involved in during session. Over 3,000 measures may be introduced in the Oklahoma Legislature during a two-year legislative term. Sounds like a lot, doesn't it?

However, according to The Book of the States, 2005, there were 13 states that introduced more bills in their legislatures for the 2004 regular session than Oklahoma. For example, California introduced over 17,000 bills in 2004; Massachusetts introduced nearly 8,000, New Jersey over 5,500 and Illinois and Pennsylvania each introduced more than 4,000 bills for that same one-year period.

Is there a limit on how many bills a legislator can author?

Beginning with the 1999 session, House members are limited to introducing only eight (8) bills each session. Many times this affects a representative's willingness to author a bill, especially if they have several other issues they want to address in the coming session. An alternative solution for a legislator who has been asked to sponsor a bill might be to ask another member to introduce the bill or to collaborate and cooperate with another member who is authoring similar legislation. There is no bill limit set for members of the Senate.

What are the first steps before introducing a bill?

Research first - Bill second: Many explanations about the legislative process identify the filing of a bill as the initial step in the course of a bill in the Legislature, although some may start with the drafting of the bill text. Ideally, the introduction of legislation happens only after the legislator has had time to conduct a thorough examination of the subject the proposed bill will affect.
Request Bills: There usually are a number of outside parties interested in members introducing legislation. These may include administrative officials, state agency executives, constituents, lobbyists, or various special interest groups. In fact, very often outside parties go so far as to prepare an actual bill draft to present to a legislator to see if they will introduce the legislation as written by the outside party. These measures are referred to as "request bills" and are neither unusual nor inappropriate.
Bills that Respond: Some bills are created as a result of a legislator's committee work, staff research, or innovative programs in other states. Many bills simply respond to changes in federal legislation or federal agency rules.
Research, Plan, Collaborate, Compromise: In every case, however, it is in the best interest of a legislator to learn as much as possible about the subject of any proposed bill before he/she agrees to "author" it. Solid advanced planning, research, and discussion enhances the likelihood of the bill's ultimate passage. In some cases, this preliminary work may show the legislator there actually is no need for the bill or that the bill could hurt another legislator in their district. Often legislators find their goals can be achieved without the introduction of the bill.

What questions might a legislator ask before introducing a bill?

What problem is it that my legislation will solve?
Are there any other problems that my legislation will create?
What agencies, groups, or other parties need and will support my legislation?
How can I enlist the support of such outside groups?
Which legislators will support my legislation? Should I ask for their input?
Who will oppose my legislation? Are there any opportunities to compromise with them in order to negate or neutralize their opposition? If so, should the compromises be incorporated in the introduced bill or used as concessions to opposing parties?
Are there any constitutional problems associated with my legislation?
Can I clearly estimate the fiscal impacts of the bill to the state and affected parties if there are any? Who will be expected to bear any associated costs or receive benefits? Can I identify a funding source to pay the associated costs? Are there associated benefits that might outweigh the costs?
Are the enforcement provisions of the bill clear enough? If passed, will the parties responsible for the administration or enforcement of the law be likely and able to do so?
Are there any potential unintended consequences of the bill that may be overlooked?
Is the language clear and the parts of the bill logical?
Am I willing to expend the time and energy to see this bill through the legislative process? (Given the time constraints placed on members, some serious thought should be directed to the time that certain bills will require to pass before a member agrees to sponsor them.)
Are there other states that have attempted to act on the same issue? What alternative approaches have they used? What reasons are there for or against these alternatives?
Should I consider dividing the legislation into several bills? Or would it be advisable to pass the legislation over several years?
How will the other house respond to the legislation? Who would I want to be the principal author in the other house? Should I involve the potential author in the planning process?

Re: Bill Structure - What are the parts of a bill?

The Title or Short Title of a bill is a descriptive synopsis of the bill's content.
The Enacting Clause of a bill stipulates that the bill will become law.
If a bill carries an Emergency Clause, the bill will take effect immediately upon signature by the governor or its stipulated effective date. Without an Emergency Clause, a bill that is passed by the legislature and signed by the governor does not go into effect until 90 days after the legislature has adjourned sine die.
Bills that carry a Grandfather Clause typically allow persons performing particular duties to be unaffected by the change in the law that will affect their successors.
The Principal Authors are the legislators who sponsor and usually explain the intent of a given piece of legislation.
Co-authors are legislators who request to have their name attached to the bill or resolution as a demonstration of support of the intent of the given piece of legislation.
Within the structure of a bill are sections. Unless otherwise noted, the sections of a bill will either denote a statutory motion or an effective date or enacting clause. There are four motions that may be quoted pertaining to a particular Statutory Title and Section of law. These are:
- Amend - recommends amending or modifying existing law.
- Repeal - recommends repealing or deleting existing law.
- New Law - recommends writing or adding new law to the current statutes.
- Recodify - corrects duplicative sections - a housekeeping tool for the statutes.
Bill Text is the narrative dialogue of a bill or resolution.

What steps do bills follow to get from being a "good idea" to the Governor's desk?

Prefiling: A bill that is drafted before the annual session begins is called a Prefiled bill. The prefiled bill and the introduced version of the bill are the same.
First Reading: A drafted bill is Introduced in its house of origin, given First Reading and placed on the legislative calendar. First reading is a perfunctory step, required by the Oklahoma Constitution, largely for information. The bill will be "read" during the first floor session, excluding the organizational session at the beginning of each new Legislature, after a measure is filed by title only and published in the Journal. The bill is not actually read, but it is listed in the Journal for the public to learn of its existence. The public, particularly the administration and lobbyists, closely review the bills after First Reading so they can track those that concern them.
Second Reading: After First Reading each bill receives a Second Reading and is Referred to Committee (a Standing Committee) for research, consideration and hearings. Second Reading is also brief, usually only involving the bill number, unless otherwise ordered by the Speaker or President Pro Tempore. By Constitution, Second Reading occurs on the legislative day following First Reading. It is after Second Reading that the presiding officer assigns the measure to committee(s). The presiding officer announces the assignment immediately after the reading clerk performs the Second Reading. In rare cases, the measure can be advanced to the calendar for Third Reading and thereby be excluded entirely from the committee process in that house.
Note: First and Second Reading in both houses must take place on consecutive legislative days. It takes at least five legislative days to pass a bill or joint resolution, assuming that Third Reading in the house of origin and First Reading in the second house take place on the third day. Infrequently bills skip the committee step and are referred Direct to Calendar. This places the bill on General Order for consideration by the full body without a committee recommendation.
Standing Committee Actions: Standing committees of the house of origin first consider the bills, may or may not hold hearings, and may take the following action defined in issued Committee Reports:
- Do Pass (recommended)
- Do Pass As Amended (committee amendments)
- Committee Substitute (committee re-draft of bill)
- Do Not Pass (not recommended)
General Order: Each bill is then printed incorporating the substitute text or amendments and placed on the calendar (General Order) for consideration by the whole originating body. After the committee makes its report, the bill with all amendments is printed for consideration on the floor of the originating body, and the bill is advanced on the calendar to "general order." Typically the Majority Floor Leader's office prepares the session agenda and notifies the authors that their bills will be called up by the presiding officer. Bills in the House of Representatives, except those containing appropriation matters, must be taken up within 15 legislative days of being placed on general order, after which they return to committee. Measures on the consent calendar in the House are scheduled on the fifth legislative day.
Third Reading and Engrossment of a bill then takes place which means the body has finished its input into the bill (at least for the time being). A floor vote is taken. Results of the vote may be: Passed, Passed as Amended, Failed, or Tabled.
Very often, bill summaries or other supplementary materials for floor consideration are coordinated by the authors. Members can have materials passed out on the floor, but the materials must indicate the member responsible for distribution. The public cannot circulate information to be placed on the floor. The public can distribute information to the members' post office boxes, however, by first presenting it to the Speaker's or President Pro Tempore's office.

When the presiding officer decides that a measure is ready to be discussed, the principal author will be recognized for the explanation of the bill. By rule, the explanation cannot include a discussion of the merits of the bill. For appropriation bills, the chair or another member of the subcommittee that handled the bill often will offer the explanation.

House and Senate rules determine the bills and joint resolutions on general order that are subject to amendment and debate; and whether those from the consent calendar cannot be amended or debated. Suspension of the rule can prevent amendment of bills, but that is rarely done since it would require a two-thirds vote. More commonly, a member will move to advance the measure which, if approved, will cut off any further amendments. Amendments must be prepared on separate pieces of paper (amendment forms are available) and must be submitted to the clerk at the front of the Chamber. A motion to lay an amendment on the table (popularly called tabling motion) or to advance the bill can be offered at this point. If successful, this motion would defeat the amendment. In addition, a member can ask for the vote on any amendment to be reconsidered, but that motion is debatable. Votes on amendments, if a division is requested, are conducted by an electronic roll call. Red signals opposition and green support. A member can change a vote up to the point that the presiding officer closes the vote. The rules also allow a motion to send a bill back to committee.

Before debate on the bill itself, the presiding officer will advance the bill to Third Reading for a vote. House and Senate rules indicate that engrossment occurs before Third Reading, but in practice, the presiding officer will indicate that the measure is considered engrossed; once a measure is passed on Third Reading, it will be actually engrossed. Debate on a measure will precede the final vote on the measure. Filibusters on a measure are not permissible in the House of Representatives as they are in the State Senate. Debate, by House rules, is limited to one hour divided equally between the proponents and opponents. Five minutes of the proponents' time is allocated to the principal author who will close the debate. The presiding officer will request all those wishing to debate to indicate their intent to do so by show of hands. The presiding officer will list those in support and in opposition to the measure. Members can then yield their time to another member who shares the same position on the measure. The presiding officer will alternate recognition for debate between those in support and those in opposition to the measure. Members may yield to other members for questions if they wish, but that time expended for the question and answer will count against their allotted time. By the same token, a member can refuse to yield for questions. In all cases, the supporters of the measure, normally represented by the author, speak last.

Once the debate is closed, the presiding officer will declare the vote. The vote is recorded on the electronic roll call, and members can change their votes until the presiding officer closes the vote. House rules require each vote on final passage to be held open for at least two minutes, or for a shorter period if the presiding officer determines all members recorded as present have voted. Fifty-one votes in the House of Representatives or twenty-five votes in the Senate are required for a bill to pass. Another vote is required if the bill contains an emergency clause (or a special election provision for a legislative referendum) that would make the bill effective upon signature of the governor. That vote requires the approval of 68 House members or 32 Senate members. The emergency clause requires a separate vote. This may not actually occur, unless there are objections, when the bill passes with the two-thirds majority. If the emergency should fail, the bill will advance but without the emergency clause. Bills without emergencies cannot take effect until after 90 days following sine die adjournment of the Legislature and may be subject to a popular referendum to reject all or part of the bill. Revenue bills are not subject to the emergency. Unless they receive a three-fourths majority in both houses (76 in the House of Representatives and 36 in the Senate), they must be approved by a popular vote at the next general election. Note that the vote requirements are not dependent on the number of members present or currently elected, but to the number of members who constitute the respective chamber.
Motion to Reconsider: Irrespective of the outcome of the vote, a legislator may serve notice to Reconsider the Vote. This action holds the bill on the calendar for up to three legislative days, at which time the bill can be considered again. Often the author of a bill will move to reconsider even if his/her bill has passed. This is a parliamentary move by which the author retains control of the time the bill is reconsidered. Otherwise, the legislator making the motion will control the time the bill is reconsidered.
Final passage may or may not really mean final. If the bill is changed as it continues through the consideration process of both houses, it may be considered again, and again, and again�
The presiding officer of the originating house then signs the Engrossed bill and it is sent to the opposite house for consideration.
The same steps just described for the originating house are followed by the opposite house.
The bill is either engrossed by the opposite house in the same form as when it was received or is amended by the opposite house and is transmitted as Engrossed Amendments.
The presiding officer of that house then signs the bill and returns it to the originating house.
The bill is signed (if passed) and returned to the originating house.
If the bill has been amended by the opposite house, the originating house may concur with the amendments or may reject the amendments.
If the amendments are rejected, the bill may be referred to a Conference Committee composed of members from both bodies to reconcile existing differences. The committee issues a Conference Committee Report (CCR) sometimes with an accompanying Conference Committee Substitute (CCS) bill and its final recommendation as to the form of the bill in question. If one house �refuses to concur with the engrossed amendments of the other house, conference may be requested. The request for conference and the members that the house of origin wishes to appoint to conference are communicated to the opposite house in the form of a message. The granting of conference is not automatic under joint rules. In some cases, conference will be denied or delayed until both houses approve the request. Conference committees are designed to resolve differences between the two houses on a measure.
Joint rules also state that a conference committee on a measure will include three members from each house, unless otherwise specified by the House Speaker or the President Pro Tempore of the Senate. They appoint the members of conference committees from their respective bodies. The principal authors of the bill frequently are included on the conference committee. However, the appointment of the members of a conference committee is crucial to the fate of the bill. The first-named conferee of the house of origin serves as the conference committee chair and schedules the meetings of the committee. Conference committees are staffed by House and Senate staff. Rules provide that the conference committee cannot conduct business unless a quorum is present. Any committee member may request a roll call of the conference committee to determine the presence of a quorum. In practice, conference committees may never formally meet, but the measure will be signed out of committee by circulating a conference report.

The appointment of persons with different ideas than the principal authors on the measure can result in the bill being held in conference or substantial revision of the bill in order for the bill to be reported out of conference. In some cases, opposition from conferees of one or both chambers can be so strong that the bill will not be reported out favorably. As noted above, joint rules provide that the conference committee may only consider matters in disagreement between the two houses or matters germane to the measure. If other issues are added to the measure, such matters can be questioned as to their germaneness in the conference committee or on the floor of either house where the presiding officer under joint rules can determine if the rules have been violated. Should that be the case, the bill may be returned to conference.

When a bill is referred to a conference committee, it may be accompanied by "instructions" from either house to its conferees regarding what should be in the report. By rule, instructions can be made only during the consideration of a measure (instructions also can be added if a measure is re-referred to committee from the House or Senate floor) or conference committee report. These instructions tie the hands of the conferees from the house that adopted the instructions. If the conferees cannot accept the instructions, the conferees must attempt to get the instructions removed or altered so that the conference committee can write its report.

A conference committee must act on the engrossed amendments by accepting or rejecting each engrossed amendment from the second house in the committee's report. The action of the conference committee is reflected in the conference committee report. The report may be one page, containing information about the committee's decision on the engrossed amendments and/or conference amendments. Very often, the report will reject all amendments and include an attached conference committee substitute. The conference committee report must be signed by a majority of the conferees of each house before the measure can be reported from conference. The report is prepared by the staff of the committee or the conference committee chair's secretary and submitted to the clerk's office of the house of origin.

A conference committee report cannot be amended or altered in any way during consideration by either house. The report first goes to the house of origin where it may be accepted or rejected. Adoption of the report only requires a majority of members voting. If the report is rejected, another conference may be requested. Occasionally, new members may be appointed. If the report is approved in the house of origin, a vote on the final passage of the bill occurs once again. Debate on the bill is allowed at this stage (Fourth Reading), but no amendments are allowed. Debate rules are the same as for Third Reading. Just as on Third Reading, the vote will be on the bill and another vote, if necessary, on the emergency. It is possible that the measure can pass, but not the emergency, thereby forcing the opposite house to decide whether or not to approve the measure without the emergency or to reject the report and send the bill for further conference. The opposite house will have the opportunity to adopt or reject the report unless the house of origin rejects the report or the measure itself.

If additional conference is required as described above, the next product of the conference process will be reflected as a "second conference report." It is common for a measure to be considered several times by conference committees and that several conference reports and conference substitutes will be prepared.

If no compromise or agreement is reached, the measure will "die" in that conference committee after sine die adjournment of either session of a Legislature. Thus, it is very important that any such measures in the first regular session of a Legislature be reported out of conference indicating that no agreement has been reached. Legislative rules state that bills still in conference at the end of a session of the Legislature cannot be carried over from the first to the second session of the Legislature.

There are several major conference committees that the Legislature formally utilizes each session. For appropriation bills, the Oklahoma Legislature uses the General Conference Committee on Appropriations, divided into subcommittees, to bring into final form and balance the state's budget. This conference committee is much larger than most conference committees. As many as 50 or more members from the two houses will serve as members or alternates to GCCA. In recent years, the Senate has appointed all 48 of its members to the GCCA. The Legislature also utilizes a conference committee for retirement laws. Other conference committees will be created to review measures on a particular subject in order to combine those bills or to hammer out a consistent program on the subject.

Joint Rule 13 provides that appropriations bills take precedence over all other bills in the Legislature. In fact, the Legislature strives to pass the budget bills at least five days before sine die adjournment each year. This ensures that the governor will be unable to use the pocket veto and that the Legislature will have an opportunity to override any vetoes to those budget bills.
FourthReading and Enrollment: Once the bill has passed both houses in identical form, it is Enrolled and given a Fourth Reading in each house. The presiding officers of each house sign the bill. The originating house sends the bill to the governor for signature. Timing for this stage is important as it affects the time the governor has to consider the bill and whether it is subject to a pocket veto. In recent regular sessions, the legislature works to have appropriation bills and other controversial bills finished and submitted by the next to last Friday in May. This permits a veto override opportunity.
Governor Action: At this stage, one of several options is available to the governor. Those are:
- Sign the bill within a period of five days (Sundays excepted);
- Allow the bill to become law without the governor's signature, while the legislature is in session, by holding it beyond the five-day period;
- Veto the entire bill (package veto) within the five-day period (Sundays excepted) and return the bill to the house of origin with a message giving the reasons for the veto; or
- Sign the bill with line-item vetoes in the case of appropriation bills.
Once the legislature adjourns sine die, the governor can take up to 15 days following adjournment (including Sundays) to either sign the measure or exercise the "pocket veto" provision allowed in the Constitution. This power to "pocket veto" bills at the end of the session enables those measures that the governor objects to becoming law to be vetoed by simply refusing to sign them. No reasons for the veto are required, and no override is possible.

Article VI, Section 12 of the Constitution also makes provision for the governor's line-item veto powers on appropriation measures. All bills passed by the legislature "making appropriations of money embracing distinct items" are subject to the line-item veto powers of the governor. Unlike non-appropriation measures in which the veto is on the entire measure, governors can be selective of what items they will veto in an appropriation bill. The remainder of the measure can, unless the legislature overrides, become law. The line-item veto provision has, based on a State Supreme Court action, also embraced substantive language in the appropriations bill, particularly when that language relates to the vetoed appropriations. If the governor line-item vetoes any substantive language in an appropriation bill, all substantive language is vetoed. A controversial 1991 Oklahoma Supreme Court decision directs the governor to veto measures that violate the constitutional one-subject provision.

The governor's veto powers and the presentment clause do not apply to measures passed by the Legislature for voter approval through the referendum process or simple and concurrent resolutions. Revenue-raising bills that pass the legislature but fail to achieve the three-fourths majority approval from both houses of the legislature must be presented to the governor for signature and must be approved by voters before they become law. Such revenue-raising measures, pursuant to Article V, Section 33 of the Oklahoma Constitution, can only be considered at the next general election.
Consideration of a Veto: The governor's package or line-item veto messages are received by the house of origin and entered in the journal of that house. The legislature can then proceed to reconsider the vetoed bill, or the item or items vetoed. The override effort will begin in the house of origin. If the override fails there, the measure will die at the end of that ;egislature. For measures that do not have emergency provisions, the override requires the approval of two-thirds of both houses (68 votes in the House, 32 in the Senate). For measures or items with an emergency clause, the override requirement increases to three-fourths of both houses (76 in the House and 36 in the Senate). There are no time limits in the Constitution for the legislature to override a gubernatorial veto during the legislature in which the veto message is received. A motion to override a veto can be made at any time and as often during that legislature as desired. In any case, the authors of measures who may be concerned about a veto should consider in their strategy the possibility for a veto and passing of such measures sufficiently in advance of the end of the session that, if the measure is vetoed, the authors and those in favor of the measure can work for an override.
If there is no emergency, a bill also may be overturned by the people through the referendum process. Revenue-raising bills, even if they obtain the three-fourths super majority, cannot have emergencies. The referendum petition may be against all or part of an act. Such petitions require the signatures of 8 percent of the voters based on the last general election for statewide offices. The petition must be submitted to the secretary of state not less than 90 days after sine die adjournment of the legislature that passed the measure. Should the petition include sufficient legal signatures, a popular vote on the affected bill or portions thereof will have to take place before it can become law.
The Final Stop: Bills that become law are filed with the secretary of state. Once enacted, the measure is sent to the secretary of state, who makes it available to the public as an act. Copies of the act can be requested from that office or from Bill Distribution, Room 310 at the State Capitol (405-521-5514).
Carried-Over Bills: Oklahoma Statutes and House and Senate rules permit bills to carry over between regular sessions of any legislature. In other words, bills introduced in odd-numbered years can be considered in the following session with some exceptions. However, all bills not passed in that second session die. It is possible for a standing committee to consider and act on carryover measures in its possession between the first and second regular sessions. Such bills can then be reported to the appropriate house for general order in the second regular session. For House committees, rules require at least seven days' notice for meetings and a quorum for the committee to act on the bills.

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