The legislative process is started when ideas
generate significant interest among citizens of
North Carolina, who in turn, convince our
elected officials that new laws are needed or
existing laws need to be changed. Ideas may be
generated from individuals, special interest
groups, state agencies, legislators, and even
the Governor’s office. The following process
must be followed in order for a bill to become a
law:
(1) INTRODUCTION
A member, or members, of either the House or
the Senate of the North Carolina General
Assembly introduces a new piece of
legislation or law. The legislation is
assigned a bill number. Numbers are assigned
to the legislation in the order in which the
legislation is introduced. For example, the
100th bill introduced in the
House it would be HB100, (House Bill 100)
the 65th bill introduced in the
Senate is SB65 (Senate Bill 65).
(2) READING
After the bill is introduced and given a
number, the title is read for its first
reading in the chamber of origin (either
House or Senate) and referred to the
appropriate committee for consideration.
(3) COMMITTEE CONSIDERATION AND REPORT
Once the bill is assigned to the appropriate
committee, it is put before the legislators
who are members of that committee. Staff of
the General Assembly explain the nature of
the bill and the existing law that governs
the particular piece of legislation. Members
of the public and lobbyists attend these
meetings to provide information to
legislators regarding the myriad facets of
the proposed legislation. Legislators
discuss the proposed legislation. At this
point, the legislation may be given a
favorable report (approved in its original
form), amended and then given a favorable
report, changed completely then given a
favorable report (a committee substitute),
or given an unfavorable report (rejected in
its original form). Sometimes, when a
decision cannot be reached a subcommittee
may be formed to consider the legislation
and receive additional information and input
on the bill. In other instances, after given
a favorable report, the legislation is sent
to another committee for consideration. Once
a bill is given an unfavorable report, it is
no longer eligible for consideration.
(4) SECOND READING
Once passed out of committee and/or
subcommittee the bill is sent back to the
floor of its originating chamber and the
title is again read for the entire
membership. During this reading, the bill
sponsor explains the bill. At this time,
members may debate, add amendments and vote
to pass or not pass the bill.
(5) THIRD READING
The third reading of the bill allows for
more debate and/or additional amendments to
the bill before the final vote of the
members is taken. For many bills, second and
third reading occur on the same day. For
budget and tax bills, however, second and
third reading must occur on two separate
days.
(6) PASSAGE
If the bill passes the chamber in which it
was introduced, it is then sent to the
chamber for consideration and the process
begins again.
(7) CONFERENCE COMMITTEE
If after consideration in the other chamber,
the bill is changed in any way, a Conference
Committee is created from members of both
the House and Senate to resolve the
differences in the versions of the bill.
After a compromise is reached, the Committee
adopts a Conference report which must be
voted on by each chamber. This process
usually happens with the budget bill.
(8) VETO & ENROLLMENT
The final step in which a bill becomes law
is enrollment: the process after both
chambers have approved the bill and it is
signed by the presiding officers (the
Speaker in the House and the President of
the Senate). One caveat to this process is
that in 1996 the citizens of North Carolina
voted to give their Governor the authority
to veto almost any piece of legislation.
However, certain legislation is exempt from
veto power: amendments to the NC and US
constitutions; joint resolutions;
appointments to public office, redistricting
and local bills. These bills become law when
ratified and signed by the presiding
officers of both chambers. All other bills
are subject to veto by the Governor.
Once the bill is received by the Governor,
it can be vetoed within:
10 calendar days if the General Assembly is
in session;
30 calendar days if the General Assembly has
adjourned sine die (at the conclusion
of a session with no day to reconvene);
30 calendar days if legislators have
adjourned for more than three days to
reconvene later (days include weekends and
holidays);
If the Governor does not veto the bill
within these limits, it automatically
becomes law.
If the Governor vetoes the bill, it must be
done within the time limits listed above.
The veto must be explained in a message and
the bill must be returned to the chamber in
which it was introduced. The General
Assembly must immediately proceed to
reconsider the bill. At this point, the bill
cannot be amended, the General Assembly can
only vote to affirmatively or negatively
override the veto. Affirmative votes from
3/5ths of the members of each house are
needed to override the veto. If the General
Assembly is not in session, a process for
them to reconvene is available. If the
General Assembly does not reconvene, the
matters cannot be considered.
(9) CHAPTERING
On the day a bill becomes law, its number
changes to a Session Law. A session law is
the year that the bill became law and the
number in which it was approved as such
(i.e. Session Law 1999-395).