The process of turning a bill into a law in Nebraska is a lengthy one. It begins with a senator introducing a bill to the Legislature, which meets each January. The bill is then assigned to a committee, which debates and proposes amendments. After this, the full Legislature debates the bill at least twice more before its final passage. Once the Legislature passes a bill, it goes to the governor for approval. The governor has five days, excluding Sundays, to decide whether to sign the bill, veto it, or take no action. If the governor signs the bill or takes no action, it becomes a state law. Most bills become law three months after the Legislature adjourns, unless they contain an emergency clause.
Bill introduction
The lawmaking process in Nebraska officially begins when a senator introduces a bill into the Legislature, which meets each January. However, the process starts much earlier, when a senator or legislative committee first begins to formulate ideas for new laws. Ideas for new laws can come from anyone, including concerned citizens, special interest groups, state agencies, or the governor.
Once a problem or issue has been identified, senators and their staff research the matter and study possible legislative remedies. Senators may introduce a bill to create a new law, repeal an existing law, or change a law. The Legislature has a research division that helps senators with their research projects, and legislative committees study a variety of issues outlined in interim study resolutions passed by the Legislature. Senators bring their ideas for new laws to a bill drafter, who works with them to transform their ideas into the proper legal form for a legislative bill. Bills introduced in Nebraska may only contain one subject.
Most bills are introduced during the first 10 days of the legislative session in January. To introduce a bill, a senator files it with the Clerk of the Legislature, who reads the title of the bill into the record, assigns it a number, and prints copies for public and legislative use. The Legislative Fiscal Office then prepares budget statements that estimate the anticipated change in state, county, or municipal expenses or revenue under the provisions of each bill. This statement is called a fiscal note and contains three estimates: one calculated by the fiscal office staff, one prepared by the governor's budget office, and one by the affected state agency. In addition, the fiscal office prepares appropriations bills ("A" bills), which accompany bills that have a fiscal impact.
A nine-member Reference Committee then determines which bills will go to each of the 14 standing committees. Most bills introduced into the Legislature must receive a public hearing by a committee, where citizens can express their opinions to committee members. Testimony is recorded and transcribed to become part of the official committee record. After the hearing, committees can vote to send the bill to the general file with or without amendments, indefinitely postpone the bill, or take no action.
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Bill referral
The bill referral stage is the second step in the Nebraska legislative process. After a senator has introduced a bill, the nine-member Reference Committee assigns each bill to the appropriate standing committee. This is the first of three rounds of floor consideration that a bill must successfully pass through to become a law.
The Nebraska Legislature has 14 standing committees. With the exception of a few technical bills, most bills introduced must receive a public hearing by a committee. The Reference Committee determines which of the 14 committees will hear the bill.
The standing committees of the Nebraska Legislature conduct a public hearing for every bill introduced. Unlike some states, this is a mandatory step in the legislative process. These hearings allow citizens from across the state to give their opinions about bills, testifying as to the positive and negative aspects of the legislation and suggesting changes.
After the hearing, committees may:
- Vote to send the bill to the General File with or without amendments
- Indefinitely postpone the bill
- Take no action on it
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Public hearing
The public hearing is a crucial stage in the lawmaking process in Nebraska, where citizens are given the opportunity to voice their opinions on proposed bills. This stage comes after a senator introduces a bill to the Legislature, which officially meets each January. The public hearing allows for transparency and citizen engagement in the legislative process, ensuring that the people of Nebraska have a direct say in the laws that will govern them.
The Committee Stage
Once a bill is introduced, it enters the committee stage. The Reference Committee, consisting of nine members, determines which of the 14 standing committees will hear the bill. Each bill is required by law to receive a public hearing in its committee. This stage is vital as it allows citizens from across Nebraska to testify about the potential positive and negative impacts of the proposed legislation. They can also suggest changes to the bill, which the committee may consider.
Committee Actions
After the public hearing, the committee can take several actions:
- Vote to send the bill to the general file with or without amendments
- Indefinitely postpone the bill
- Take no action on it
The General File
If the bill advances past the committee stage, it moves to the General File, where the full Legislature debates and votes on it. Senators consider any amendments proposed by committees or individual senators. The General File is often considered the most crucial stage of the legislative process, as it is where most compromises are reached. It takes a majority vote (25 votes) to adopt amendments or move the bill to the next stage.
Select File and Final Reading
After the General File, the bill proceeds to the Select File, the second debating and voting stage, where it can be amended, advanced, or postponed. The final stage is the Final Reading, where the bill must be read aloud in its entirety by the Clerk of the Legislature, unless three-fifths of the legislators vote to waive this requirement. After the Final Reading, the bill goes to the governor for approval.
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Committee action/inaction
The nine-member Reference Committee assigns each bill to the appropriate standing committee. The standing committees of the Nebraska Legislature conduct a public hearing for every bill introduced. This is an important stage in the legislative process, as it allows citizens from across the state to give their opinions about bills, testifying to the positive and negative aspects of the proposed legislation, as well as suggesting changes.
After the hearing, committees may take one of three actions:
- Advance a bill to General File (with or without committee amendments)
- Indefinitely postpone (kill) the bill
- Take no action and hold the bill in committee
If a bill is advanced to General File, it has three chances to be adopted before it is indefinitely postponed. This is the first time the full Legislature has the opportunity to debate and vote on bills. Senators consider amendments, which may be proposed by committees and by individual senators. Many people consider General File to be the most crucial stage of the legislative process because it is where most compromises are reached. It takes a majority vote of the Legislature (25 votes) to adopt amendments or move a bill from General File to the next stage of consideration.
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General file
When Does a Bill Become a Law in Nebraska: Understanding the General File
The process by which a bill becomes a law in Nebraska is a complex and lengthy journey, and understanding this process is crucial for citizens to effectively engage in the democratic process. One of the most important steps in this transformation is the "General File," which is a unique feature of Nebraska's legislative process. This stage is where the foundation of a bill is laid, and it undergoes rigorous scrutiny and debate, shaping its future trajectory.
The General File is the first stage where a bill is introduced and referred to a specific committee. This committee plays a vital role in scrutinizing the bill and making decisions that will impact its future. The committee members carefully review the bill, considering its potential impact, costs, benefits, and practicality. They may hold public hearings, inviting testimony from experts, stakeholders, and citizens, ensuring a transparent and inclusive process.
During the General File debate, senators extensively discuss the bill's merits and flaws. This debate is a critical aspect, as it allows senators to propose amendments, make changes, and refine the bill. Through this back-forth, the bill evolves, addressing concerns raised by the public and senators themselves. This stage is also crucial for building consensus and ensuring that the bill aligns with the needs and values of Nebraska's citizens.
To pass this stage and advance to the next step, the bill must gain support from a simple majority of senators present and voting. This vote is significant as it indicates the bill's overall acceptance and likelihood of becoming a law. Once a bill passes this critical vote, it moves forward in the legislative process, one step closer to becoming a law.
The General File serves as a critical checkpoint, ensuring that only well-vetted and supported bills progress further. It provides an opportunity for senators to thoroughly examine each bill, encouraging thoughtful legislation. This stage is where the foundation for effective laws is built, and it plays a pivotal role in shaping Nebraska's legislative landscape. Understanding the General File process empowers citizens to actively engage with their representatives and participate in the democratic process, ultimately influencing the laws that govern their state.
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