Understanding Kentucky's Lawmaking Process: From Bill To Act

The process of how a bill becomes law in Kentucky can be complicated and time-consuming. The Kentucky legislature meets for 60 days in even-numbered years and 30 days in odd-numbered years, with the possibility of a special session called by the governor. There is no limit to the number of bills that can be filed in a legislative session, but only a fraction becomes law each year. Bills are introduced by members of the Kentucky Senate or House and are assigned to a standing committee based on their subject. They must receive a certain number of votes to pass, with the threshold depending on the type of bill. The governor has the power to veto a bill, and it can also be struck down by the courts.

The legislative process

The Kentucky legislature meets in a regular session for 60 days in even-numbered years and 30 days in odd-numbered years. The governor may also call a special session. In these sessions, there is no limit to the number of bills that can be filed. However, only a fraction (usually no more than 20%) become law each year. Bills filed in a special session are limited to subjects specified by the governor.

Any member of the Kentucky General Assembly can introduce legislation for passage. However, anyone can ask a Kentucky lawmaker to introduce a bill, and it is common for state lawmakers to introduce legislation drafted by state government agencies and private citizens. Once a bill is decided on, it must be formatted by legislative staff and signed by the member introducing it. That legislator becomes the bill's sponsor and is responsible for navigating the bill through the political process until the session ends.

Bills are often pre-filed before the legislature meets, and interim committees are responsible for drafting them. Standing committees are then assigned to bills based on their subject matter.

If a bill is voted down, that vote can only be reconsidered if the bill is still in the possession of the chamber that cast that vote. If it has passed one house and been defeated in the other, the bill dies. Amendments can be used to move legislation that has stalled, or the bill may be reintroduced in the next session.

The time it takes for a bill to pass through the Senate and House depends on the rules and procedures of each chamber. It can take just a few days, several weeks, or months. The type of bill and the level of support it receives from the party in power can also impact the time it takes to pass.

For a bill to become law in Kentucky, it must receive the votes of at least two-fifths of the members elected to each House and a majority of the members voting. This means at least 16 Senators and 40 State Representatives must vote in favour. A higher vote threshold is required for appropriations and revenue bills, and a supermajority is needed in odd-numbered annual sessions.

The role of the Kentucky General Assembly

The Kentucky General Assembly plays a crucial role in the legislative process of the state. The Assembly is responsible for introducing, debating, and passing bills that become laws in Kentucky. Only a member of the Assembly can introduce legislation for passage in the Commonwealth. However, anyone can request an Assembly member to introduce a bill, including private citizens, state government agencies, and interest groups. This accessibility allows for a wide range of perspectives and interests to be represented in the law-making process.

Once an Assembly member decides to sponsor a bill, it must be formatted by legislative staff and signed by the member introducing it. This legislator then guides the bill through the political process until the session ends. The bill is assigned a unique number and is typically assigned to a standing committee, with the committee assignment determined by the subject of the bill. These committees play a crucial role in reviewing and amending the bills before they proceed further in the legislative process.

The leadership of the Kentucky Senate and House within the Assembly directs the flow of bills and resolutions. They give priority to legislation that aligns with state and party priorities. One of the most critical responsibilities of the Assembly is passing a biennial state spending plan, which significantly influences which bills will pass or fail. The negotiation of this budget involves significant ideological differences and requires careful consideration of the needs of each district.

The Assembly also determines the number of bills that become laws. While there is no limit to the number of bills that can be filed in a legislative session, only a fraction, typically no more than 20%, become law each year. This highlights the importance of the Assembly's role in selecting, debating, and ultimately passing legislation that reflects the needs and priorities of the people of Kentucky.

The governor's powers

The governor of Kentucky has extensive powers, enumerated in the state constitution, which has been amended four times, in 1792, 1799, 1850, and 1891, with each amendment increasing the governor's authority. The governor is the head of government in Kentucky and has broad statutory authority to make appointments to the various cabinets and departments of the executive branch.

• Serve as commander-in-chief of the state's militia and military forces.
• Enforce all laws, including the power to fill vacancies in elected offices until the next meeting of the General Assembly.
• Remit fines and grant pardons (except in cases of impeachment or treason).
• Adjourn the General Assembly for up to four months if the two houses cannot agree on an adjournment time.
• Convene the General Assembly "on extraordinary occasions" or if the state capital has become dangerous due to an enemy or contagious disease.
• Veto legislation, including a line-item veto (although this cannot be used on constitutional amendments or laws related to property tax classification).
• Present a proposed biennial budget to the General Assembly for approval.
• Make appointments to various commissions, boards, and agencies, although this power has been somewhat curbed by the adoption of a merit system for state employees.
• Award state contracts.

The governor also has significant influence over the legislature, although this has been waning since the mid-1970s. The governor can influence the selection of the legislature's leadership and plays a central role in the state's political landscape as the leader of their political party.

The number of votes needed

The number of votes required to pass a bill in Kentucky depends on the type of bill being passed. The Kentucky Constitution states that "No bill shall become law unless, on its final passage, it receives the votes of at least two-fifths of the members elected to each House, and a majority of the members voting." This means that, in general, at least 16 Senators and 40 State Representatives must vote in favour of a bill for it to pass.

However, there are exceptions to this rule. For example, spending bills and bills that add to the state debt require a "constitutional majority" of each chamber, meaning 51 votes in the House and 20 votes in the Senate, to pass in a budget session. In odd-numbered annual sessions, a supermajority of three-fifths of the members elected to each chamber (23 Senators and 60 State Representatives) is required to pass spending and revenue bills.

Additionally, proposed constitutional amendments have a different threshold. To be placed on the ballot for voter approval, a three-fifths majority of each chamber (23 votes in the Senate and 60 votes in the House) is required. These proposed amendments are then sent to the Kentucky Secretary of State and, if approved by voters, the General Assembly can pass new laws under the authority granted by the amendment.

The process of bill drafting

The process of a bill becoming a law in Kentucky begins with the bill's drafting. This is done by the Legislative Research Commission (LRC), a full-time service body for the legislature. The LRC provides committee staffing, bill drafting, and other services.

Once a Kentucky state lawmaker decides to file a bill, it must be formatted by legislative staff and signed by the member introducing it. This legislator then becomes the bill's sponsor and is responsible for navigating it through the political process until the legislative session ends.

There is no limit to the number of bills that can be filed in a legislative session. Members of the Kentucky Senate or House can file as many bills as they like, but only a fraction (typically no more than 20%) become law each year. Bills can be drafted by state lawmakers themselves, or they can introduce legislation drafted by state government agencies, private citizens, professional organizations, or interest groups.

Bills are often pre-filed before the legislature meets, and interim committees are responsible for drafting these bills. The LRC also provides bill drafting services. Once a bill is drafted and introduced, it is assigned a unique number and given to a standing committee, with assignments determined by the subject of the bill.

Frequently asked questions