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Types Of Bills
All legislation starts out as a bill
but, depending on where the bill is in
the process, there are different kinds
of bills. The different kinds of bills
are explained below.
Proposed Bills and
Committee Bills
A proposed bill is introduced by an
individual legislator and is submitted
to a committee that has responsibility
for the proposed bill's subject matter
(this is called referring the bill to
the committee of cognizance). A proposed
bill is not a fully drafted bill but
rather a one-sentence statement in
non-statutory language expressing what
the legislator would like the committee
to consider in the way of legislation on
a particular subject. In even-numbered
year sessions, the state constitution
and the legislative rules limit the
introduction of proposed bills to
budgetary, revenue and financial
matters.
Each proposed bill is sent to a
committee, based on the bill's subject
matter. The committee then screens the
proposed bills sent to it. This
screening is usually done by the
committee chairpersons with input from
other legislators. Those proposed bills
that survive the screening process are
brought before the full committee for
consideration and for a vote to have the
concept in the proposed bill fully
drafted in formal statutory language.
Once in this form it becomes a committee
bill.
If a proposed bill does not survive the
screening process to become a committee
bill, it may die (i.e., the legislature
never takes it up and nothing becomes of
it) or the concept in the bill may get
resurrected elsewhere—as a raised bill
(discussed below), as part of a raised
bill on a related subject or as an
amendment to a related bill later in the
session.
Raised Bills
A raised bill is also a fully drafted
bill in statutory form that a committee
has voted to have drafted. Unlike a
committee bill, a raised bill originates
from a concept that is not based on any
proposed bill, but rather the committee
votes on its own initiative to have the
bill drafted on any subject within the
committee's cognizance (the subject
matter areas assigned to that
committee).
Favorable or JF'ed Bills
If a committee believes a bill
should be taken up by the full
General Assembly, it votes to give
the bill a favorable report. And
because the committee is a joint
(House and Senate) committee, the
vote is a Joint Favorable Report. If
the vote is a favorable report but
with substitute language, as
discussed below, the vote is a Joint
Favorable Substitute. The common
expression for such a bill is that
it is "JF'ed." A
bill can be JF'ed straight to the floor
(sent to the House if a House bill, to
the Senate if a Senate bill), or it can
be JF'ed to another committee (referred
to as a "change of reference"). A bill
before the Public Health Committee that
created a criminal penalty for
contaminating drinking water, for
example, would be JF'ed to the Judiciary
Committee because it is the Judiciary
Committee that deals with criminal
matters. In the Judiciary Committee it
could be considered and sent on to the
floor as is, sent on with changes, sent
to the Environment Committee (which also
has cognizance over clean water issues)
voted against or have no action taken on
it.
Substitute Bills
A substitute bill, either a substitute
house bill (sHB) or substitute senate
bill (sSB), is a bill that the committee
votes to favorably report out of
committee with changes in the bill's
language. Such substitute language is
sometimes merely a minor, technical
change and other times is a complete
rewriting of the bill.
Parts of a Bill
A bill contains a number, the name of
the sponsor(s), a brief but
comprehensive title (which may be
changed if amendments alter its
substance), the sections of proposed
legislation, an effective date, and a
brief explanation of its purpose.
Bill Number
A bill gets assigned a bill number by
the House or Senate clerk after LCO (the
drafting office) submits it for filling.
That number stays with the bill
throughout the process and no other bill
will have that number during the
legislative session.
If the bill started in the House, it
will be a House Bill, which is indicated
by "HB" before the bill number. If the
bill started in the Senate, it will be a
Senate Bill, which is indicated by "SB"
before the bill number. If the bill
later becomes a substitute bill, it
will be designated "sSB" or "sHB."
Senate bills are numbered from 1 to
5000. House bills are numbered from 5001
to 9999.
Title
A title should be a concise statement
that puts the reader on notice as to the
bill's subject. It should not
proselytize, mislead the reader or
conceal the bill's content.
Body of the Bill
Most bills amend sections of the law or
the Constitution. They contain all the
sections of law to be amended. Most new
wording is underlined. If there is an
entire paragraph of new wording, it is
not underlined, but preceded by the word
"NEW". Language being omitted or
repealed is placed between brackets. To
understand a bill, one should read the
old language with the new language,
skipping over any language between
brackets.
Effective Date
October 1
All public acts are effective on October
1 unless they state otherwise. Thus, to
be effective October 1, no effective
date is needed.
July 1
Budget-related bills and bills
containing appropriations are usually
given effective dates of July 1, which
is the start of the state's fiscal year.
The standard wording is "This act shall
take effect July 1, 2000."
From passage
Public acts should be effective from
passage only in compelling circumstances
and with consideration given to fairness
in giving people adequate advanced
warning of the new law. There are also
potential due process problems with acts
that are effective upon passage. The
standard wording is "This act shall take
effect from its passage."
Bills that are effective from passage
take effect on the date the Governor
signs the bill, not on the date the bill
passes both houses. All special acts are
effective from passage unless they state
otherwise. Thus, for a special act to be
effective from passage, no effective
date is needed.
Multiple effective dates
Occasionally, different sections of a
bill will have different effective
dates. They are listed in chronological
order. But when submitting informal
drafts, consider stating the effective
date in plain language or outline form
and leave it to the drafting office to
put it in the official format.
The effective date section (if any) is
always the last section of a bill.
Other Information
Fiscal Impact
A fiscal note is a brief statement of
the fiscal impact that a piece of
legislation would have on state and
local government. The economic or social
impact of the legislation is not
included. A fiscal note is required on
every bill that is approved by a
committee or that reaches the floor of
the House or Senate. It is also required
on all amendments. Fiscal notes are
provided by The Office of Fiscal
Analysis
Bill Analysis
The Office of Legislative Research
analyzes bills, summarizes public acts,
and prepares reports summarizing acts
affecting particular occupations,
industries, and segments of the
population. When available a bill
summary, legislative history and
committee action report are offered as
supplemental information.
Excerpts taken from the Office of
Fiscal Analysis and Legislative
Commissioners' Office.
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