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Lawmaking
in the Unicameral The lawmaking process in Nebraska officially begins when a senator introduces a bill into the Legislature, which meets each January. But the process actually begins much earlier--when a senator develops ideas for new laws. An idea for a new law may be suggested by anyone: concerned citizens, special interest groups, state agencies or the governor. The idea must be introduced by a senator to be formally considered by the Legislature. Committees debate and propose amendments to bills, and the full Legislature has an opportunity to debate each bill at least two times before its final passage. Senators may propose amendments to alter the bill at each stage of debate.
Here are the steps a bill must take before becoming a Nebraska state law: First, a senator and his or her staff research a problem and study possible solutions. A senator may introduce a bill to create a new law, or to get rid of or change an existing law. Research is done during the period between sessions called the interim. During this time, legislative committees study a variety of issues that have been identified by the Legislature.
Most bills are introduced during the first
10 days of the legislative session which begins each January. In order to
introduce a bill, a senator files it with the Clerk of the Legislature. The Legislative Fiscal Office prepares budget statements to tell senators how much money might be spent or how much revenue might be gained under the provisions of each bill. This statement is called a fiscal note. In addition, the fiscal office prepares appropriations bills ("A" bills), which go along with bills that have cost money or raise funds.
General File
Commonly referred to as "E&R," enrollment and review is a process by which previously adopted amendments are combined with the original bill, and the bill is checked for technical and grammatical accuracy. Select File Select File is the second debating and voting stage. This step allows another opportunity for amendment, compromise and reflection. Bills on Select File may be killed or advanced to the next stage. After Select File, bills are sent to E&R again to be rechecked. Bills then are reprinted for Final Reading. Final Reading
A bill may not be amended or debated on Final Reading, but may be returned to Select File for a specific amendment. Bills may not be voted on for final passage until at least five legislative days after the bill is introduced, and one legislative day after it is placed on Final Reading. A proposed constitutional amendment requires a three-fifths vote of the elected members (30) to place it on the general election ballot in November and a four-fifths vote (40) to place it on a primary (May) or special election ballot. All other bills without the emergency clause require a simple majority vote before going to the governor. A bill with an emergency clause (see "Effective Date") requires a vote of two-thirds (33 members) of the Legislature. Governor After the Legislature passes a bill on Final Reading, it goes to the governor for his or her approval. The governor has five days, excluding Sundays, to decide what to do with a bill. If the governor signs a bill or declines to act on it, the bill becomes a state law. The governor may veto a bill, and has the authority to strike specific budget items (line-item veto). The Legislature may override a governor's veto, although it takes a vote of 30 senators to do so. Effective Date Most bills passed and approved by the governor become law three calendar months after the Legislature adjourns for the year. However, bills may take effect before that date if they contain the emergency clause. |
A senator brings his or her idea
for a new law to a bill drafter, who works with the senator to transform the idea into the
proper legal form for a bill. Unlike some states, bills introduced in Nebraska may contain
only one subject.
The
clerk reads the title of the bill into the record, assigns it a number and
prints copies of it for public and legislative use.
With the
exception of a few bills making minor corrections, most bills introduced into the
Legislature must receive a public hearing by a legislative committee. A nine-member
Reference Committee determines which bills will be heard by each of the 14
standing committees. At hearings, citizens have a chance to express their
opinions to committee members. Their comments are recorded, transcribed and become part of
the official committee record. After the hearing, committees may vote to send a bill to
general file with or without amendments, indefinitely postpone (kill) the bill or take no
action on it.
General File is the first time the full Legislature has the
opportunity to debate and vote on bills. At this stage, senators consider amendments,
which may be proposed by committees and by individual senators. Many people consider
General File to be the most important stage of the legislative process because it is where
most compromises are worked out through debate and amendment. It takes a majority vote of
the Legislature (25 votes) to adopt amendments, and to move a bill from General File to
the next stage of consideration.
The Nebraska Constitution requires that
before final passage, all bills must be read aloud in their entirety by the Clerk of the
Legislature, unless three-fifths (30 members) of the Legislature votes not to do so.