Understanding The Lawmaking Process In North Carolina

The process of a bill becoming a law in North Carolina is a multi-step procedure. First, a bill is proposed, which can be drafted by any competent person, and then introduced by a member of the General Assembly. The bill is then assigned to a committee for careful study and recommendation. If approved, the bill is placed on the calendar for consideration by the full membership of the house. After the bill passes its first, second, and third readings, it is sent to the other house, where it goes through the same process. If the second house makes changes to the bill, it is returned to the original house for concurrence. Once the bill passes both houses, it is enrolled and can be signed into law by the governor or vetoed. If vetoed, the bill is returned to the original house, which can vote to override the veto with a 3/5 majority.

Drafting of Bills

The drafting of bills is a crucial stage in the legislative process, and in North Carolina, it is an inclusive process. A bill, which is a proposed law, can be drafted by any "competent" person. This often means someone working within the General Assembly, such as the Legislative Services Commission's Bill Drafting Division and Research Division, who draft bills at the request of the members of the General Assembly. However, it is important to note that any competent person can draft a bill, and it is not limited to legislators or government officials. This allows for a diverse range of ideas and proposals to be considered for legislation.

Once a bill is drafted, it must be turned in to one of two different offices for consideration. This is a key step in the process, as it ensures that the bill will be formally introduced and given a chance to be debated and voted on. The specific office to which the bill is submitted may depend on various factors, such as the nature of the bill or the preferences of the drafter.

The introduction of a bill is the next critical phase. Only a member of the General Assembly may introduce a bill, which means presenting it to the Assembly for its consideration. The person who introduces the bill is known as the bill's introducer or sponsor, and they play a vital role in guiding the bill through the legislative process. During each daily session, the presiding officer announces the "Introduction of Bills and Resolutions," which is the formal introduction of the bill. Prior to this announcement, the bill drafter has already filed the bill with the Principal Clerk on the previous legislative day, at which time it received a bill number for identification purposes.

The Reading Clerk then reads aloud the name and number of the bill, signifying the completion of its first reading. This first reading is a crucial step, as it brings the proposed bill to the attention of the Assembly and initiates the formal legislative process. Following the first reading, the bill moves on to the next stage of the process, which includes committee review, consideration by the houses, and potential amendments.

Introduction of Bills

A bill is a proposed law that can be drafted by any competent person. However, only a member of the General Assembly may introduce a bill, and that member is called the bill's introducer or sponsor.

During each daily session, the presiding officer announces "Introduction of Bills and Resolutions". A member wishing to introduce a bill will have already filed the bill with the Principal Clerk on the previous legislative day when it received a bill number. When the Reading Clerk reads aloud the name and number, the bill has passed its first reading.

The process of introducing a bill is as follows:

• A member of the General Assembly turns in any drafted legislation to one of two different offices for consideration.
• The member introduces the bill by presenting it to the General Assembly for its consideration.
• The Reading Clerk reads aloud the name of the introducer, the bill number, and the bill title.
• The bill is then ready for its first reading.

Reference to Committee

Once a bill has been introduced by a member of the General Assembly, it is then referred to a committee. The committee to which the bill is assigned is named by the Chair of the Rules and Operations of the Senate Committee for Senate bills or the Speaker of the House of Representatives for House bills. The committee will carefully study the bill and make recommendations. If the committee approves the bill, it is placed on the calendar—the daily schedule of business—for consideration by the full membership of the body (either the House or the Senate). Changes to the bill may be recommended by the committee or proposed by any member.

The committee will typically be comprised of members of the House or Senate, depending on where the bill was introduced. The committee will review the bill and may suggest amendments or changes. The committee may also hold hearings to gather input from experts, stakeholders, and the public. During the committee stage, the bill is carefully examined and discussed, and its impact and potential consequences are considered. This stage of the legislative process is crucial, as it allows for a more detailed analysis of the bill and provides an opportunity for input and feedback before it advances further.

The committee will consider the bill's potential impact on the state, its cost, and its practicality. They may also evaluate the bill's effectiveness and whether it aligns with the values and needs of the citizens of North Carolina. The committee may also consider alternative approaches or existing laws that may be affected by the bill. The committee's role is to ensure that the bill is well-vetted and that any potential issues or improvements are identified before it moves forward in the legislative process.

The committee's recommendation plays a crucial role in the bill's progression. If the committee approves the bill, it significantly increases the likelihood of the bill advancing to the next stage. However, even with committee approval, the bill still needs to pass through additional readings and votes before becoming a law. On the other hand, if the committee does not approve the bill, it may face an uphill battle to gain the necessary support and may require substantial amendments or revisions to have a chance of passing.

Consideration by First House

When a bill reaches the stage of "Consideration by the First House", it has already been introduced by a member of the North Carolina General Assembly and passed its first reading. The First House can refer either to the Senate or the House of Representatives. During this stage, the full membership of the First House considers the bill. The Chair will first recognize the sponsor of the bill or the chair of the committee that recommended the bill for passage. This person will explain the bill, and then any member who wishes to speak for or against it will be heard. The level of debate at this stage can vary, from lengthy and heated to non-existent. 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 on to the third and final reading, which may be subject to further debate.

The process of consideration by the First House is a crucial stage in the progression of a bill to becoming a law. It is the first opportunity for the full membership of one of the houses of the General Assembly to discuss and debate the merits of the bill. This stage allows for a more comprehensive examination of the bill than was possible during the initial introduction stage. It also provides an opportunity for members to propose amendments to the bill, which can be recommended by the committee or any member from the floor. The vote taken during this stage is significant, as a favorable vote indicates that the bill has gained a level of support and is ready to move forward in the legislative process.

The specific procedures and rules governing the consideration of bills by the First House can vary depending on the legislative body and the jurisdiction. In the case of the North Carolina General Assembly, the rules and procedures would be determined by the legislative body itself, following the state's constitutional requirements. These rules outline the specific steps, such as the recognition of the sponsor, the explanation of the bill, the opportunity for members to speak, and the voting process. Adherence to these rules ensures a structured and orderly process for considering and advancing bills through the legislative process.

The role of the sponsor or chair of the committee during the consideration by the First House is crucial. They are responsible for explaining the bill to the full membership and addressing any questions or concerns raised by the members. Their expertise and knowledge of the bill are essential in providing clarity and context to the rest of the house. Additionally, the sponsor or chair may also engage in debates, highlighting the benefits and addressing any potential drawbacks of the bill. Their ability to advocate for the bill and respond to criticisms can significantly impact the bill's chances of gaining a favorable vote.

The consideration by the First House is a critical stage in the legislative process, providing an opportunity for robust debate and discussion of the bill. This stage allows for a more comprehensive examination of the bill and enables members to propose amendments. The vote taken during this stage determines whether the bill will advance to the next step in becoming a law. The specific procedures, guided by the rules and protocols of the legislative body, ensure a structured process that facilitates the progression of bills through the legislative system in an orderly and democratic manner.

Enrollment, Ratification and Publication

Once a bill has passed both houses, it is enrolled. A clean copy of the bill, 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 for their signatures. When the second signature is added, the bill is ratified. If the bill is a local law, it becomes law at this point.

In 1996, the citizens of North Carolina voted to amend the State Constitution to allow for a gubernatorial veto. All Public Bills, except those making appointments, proposing constitutional amendments, or revising districts, are presented to the Governor on the day following ratification for their approval or veto. If the Governor signs the bill or takes no action, the bill becomes law. During the session, the Governor has 10 days to act. After the 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 a bill is vetoed after adjournment, unless a written request is received and signed by a majority of members of both houses stating that it is not necessary to reconvene.

If the Governor vetoes a bill, it is returned to the original house where it was introduced. Here, 3/5 of the present and voting members can vote to override the veto. If they do so, the bill is sent to the second house, where 3/5 of the present and voting members must also vote to override the veto before the bill can become law.

After a bill 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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