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Legislative Process 101 Dec. 20, 2006. Rick Berkobien, Committee Services John Borden, Legislative Fiscal Office (LFO) Chane Griggs, Department of Administrative Services (DAS). Session Overview. The state of Oregon has a Citizen Legislature
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Legislative Process 101 Dec. 20, 2006 Rick Berkobien, Committee Services John Borden, Legislative Fiscal Office (LFO) Chane Griggs, Department of Administrative Services (DAS)
Session Overview • The state of Oregon has a Citizen Legislature • Senate (30 members elected to serve four-year terms) • House of Representatives (60 members elected for two-year terms) • The assembly convenes every two years in regular session on the second Monday in January during odd-numbered years, a date set by statute.
Who starts the process? • Legislators • State agencies • Lobbyists
There are six types of measures: • Bill • Joint resolution • Concurrent resolution • Resolution • Joint memorial • Memorial • The most common is a bill
Bills may be introduced in either chamber with the exception of revenue bills • Bills must be passed in both the Senate and the House in identical form
The governor files legislative concepts on behalf of state agencies prior to the legislative session, known as pre-session filing. • These governor-approved concepts are filed with either the Chief Clerk of the House or the Secretary of the Senate and assigned a bill number.
After a bill's first reading in the chamber of origin, the presiding officer refers it to a committee; the bill is now public • The committee reviews the bill, holds public hearings and work sessions (when the committee votes) • Any amendments to a bill are printed and the bill will be reprinted to include these amendments; the bill is now an “engrossed bill”
The bill, reported by the committee to the chamber, has its second reading. • The measure then has its third reading, which is its final recitation before a chamber vote • The body debates the measure (bill) • To pass, a bill must receive aye votes of a majority of members (31 in the House, 16 in the Senate) • The bill may not be amended on the floor.
If a bill is passed by a majority of chamber members, it is sent to the other chamber • Revenue bills must pass with a three-fifths majority • If a bill is passed by both chambers it is sent back to the original chamber for enrolling.
If a bill is amended by even one word, it must be sent back to the original chamber for concurrence. If that chamber does not concur with the amendments, the presiding officers of each body appoint a conference committee to resolve the differences between the two versions of the bill.
After a bill has passed both chambers in the identical form, it is signed by three officers: the Speaker of the House, the Senate President, and either the Chief Clerk of the House or Secretary of the Senate (depending on where the bill originated).
If the governor chooses to sign a bill, it will become law on the prescribed effective date • The governor may allow a bill to become law without his/her signature, or the governor may decide to veto the bill • During session – five days to veto • After session (Sine Die) – 30 days, but a five-day notice of possible veto must be given • The governor's veto may be overridden by a two-thirds vote of both chambers
Effective date: • January 1 after session unless…. • Emergency clause: • Effective on a date prescribed in the bill • Revenue bills may not have an effective date sooner than 91 days after passage of the bill; the constitution ensures the people have 90 days to refer a tax measure to the ballot
All bills receive a Fiscal/Revenue impact statement, before they come out of committee. More information on Fiscal Impact Statements http://www.leg.state.or.us/comm/lfo/lfo_presentation/FISoverview2007_files/frame.htm
Revenue BillsSection 18, Article IV of the Oregon Constitution requires “bills for raising revenue . . . [to] originate in the House of Representatives.” 59 Section 25, Article IV of the Oregon Constitution, requires three-fifths votes for revenue bills to become law Revenue Impact Statements determine whether the bill or amendment affects state or local tax revenues…and to what degree Importance of committee chairsChairs determine which bills referred to their committee are heard
Public Hearing / Work SessionsAll committee proceedings are open to the publicThe public may testify in a public hearingThe public may attend a work session, but may not testify Committee is not required to allow the public to speak; only to allow them to attend
Measure History Complete list of actions taken on a bill
Bills/Laws Select Session Year
Fee Ratification Bills • How LFO and Committee Services work together • Questions and Answers
Resources • Legislative Web Site – Citizen’s Guide:http://www.leg.state.or.us/citizenguide/ • DAS Web Site: http://egov.oregon.gov/DAS/leginfo2.shtml • Committee Services: (503) 986-1813 • Oregon Legislative Guide – available in late February (purchase in Room 49 of the Capitol)
Citizen’s Guide includes • Contacting legislators • By phone, mail or e-mail • Web Site information • How to testify before a committee • Committee information