Bill (law)

A graphic representation of the legislative procedure in the Parliament of the United Kingdom.

A bbbill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute.

Etymology

The term bill is primarily used in the United States and the Commonwealth. In the United Kingdom, the subparts of a bill are known as clauses while the subparts of an act are known as sections.

Introduction

A bill is introduced by a member of the legislature (in the house of commons). This takes a variety of forms. In the British/Westminster system, where the executive is drawn from the legislature and usually holds a majority in the lower house, most bills are introduced by the executive. In principle, the legislature meets to consider the demands of the executive, as set out in the Queen's Speech or Speech from the Throne.

While mechanisms exist to allow other members of the legislature to introduce bills, these are subject to strict timetables and usually fail unless a consensus is reached. In the US system, where the executive is formally separated from the legislature, all bills must originate from the legislature. Bills can be introduced using the following procedures:

• Leave: A motion is brought before the chamber asking that leave be given to bring in a bill. This is used in the British system in the form of the Ten Minute Rule motion. The legislator has 10 minutes to propose a bill, which can then be considered by the House on a day appointed for the purpose. While this rule remains in place in the rules of procedure of the US Congress, it is seldom used.

• Government motion: In jurisdictions where the executive can control legislative business a bill may be brought in by executive fiat.

US committee system

In the United States Congress, a system of committees considers law relating to each policy area jurisdictions

Passing a bill

Main article: Reading (legislature)

Bills are generally considered through a number of readings. This refers to the historic practice of the clerical officers of the legislature reading the contents of a bill to the legislature. While the bill is no longer read, the motions on the bill still refer to this practice.

In the British/Westminster system, a bill is read the first time when it is introduced. This is accompanied by an order that the bill be printed and considered again. At the second reading the general merits of the bill are considered – it is out of order to criticise a bill at this stage for technical defects in drafting. After the second reading the bill is referred to a committee, which considers the bill line by line proposing amendments. The committee reports to the legislature, at which stage further amendments are proposed. Finally a third reading debate at which the bill as amended is considered in its entirety. In a bicameral legislature the process is repeated in the other house, before the Bill is submitted to the executive for approval.

Approval

Bills passed by the legislature usually require the approval (often called assent, especially in constitutional monarchies) of the executive such as the monarch, president, or governor to become law.

Two thirds of the United States Senators must approve the bill before it is passed on to the next group of people.

In parliamentary systems, this is normally a formality (since the executive is under the de facto control of the legislature), although in rare cases approval may be refused or reserved.

In presidential systems, the need to receive approval can be used as a political tool by the executive, and its refusal is known as a veto. In presidential systems, the legislature often has the power to override the veto of the executive by means of a supermajority. Any branch at anytime may decline the proposed bill.

In constitutional monarchies, certain matters may be covered by a so-called royal prerogative. In the United Kingdom, for example, these include payments to the royal family, succession to the throne, and the monarch's exercise of prerogative powers. The legislature may have significantly less power to introduce bills on such issues and may require the approval of the monarch or government of the day.The Governor General will get the Queen to sign the bill and the bill becomes law.

Numbering of bills

Legislatures give bills numbers as they progress. In the United States, all bills originating in the House of Representatives begin with "H.R." and all bills originating from the Senate begin with an "S". Every two years, at the start of odd-numbered years, the United States Congress recommences numbering from 1. This means that two different bills can have the same number. Each two-year span is called a congress, and each congress is divided into year-long periods called sessions.

For example, the Coroners and Justice Act in 2009 started as Bill 9 in the House of Common. Then it became Bill 72 on consideration by the Committee, after that it became House of Lords Bill 33. Then it became House of Lords Bill 77, returned to the House of Commons as Bill 160 before finally being passed as Act no. 29. Parliament recommences numbering from one at the beginning of each session. This means that two different bills may have the same number. Sessions of parliament usually last a year. They begin with the State Opening of Parliament, and end with Prorogation.

See also

• Legislative act
• List of legislatures by country (most legislature articles have information on their processes)
• Resolution (law)
• White paper

External links

Hong Kong

• Bills Committees of the Legislative Council

India

• The Indian Constitution
• Government of India Laws

New Zealand

• List of current bills

United Kingdom

• BBC Parliament Guide:
  • Making new law
  • Types of bill
  • Bill procedure
  • First reading
  • Second reading
  • Commons committee stage
  • Lords committee stage
  • Report stage
  • Third reading
  • Passage through the other House
  • Royal assent
  • Delegated legislation

United States

• Bills, Resolutions at THOMAS
• Government 101: How a bill becomes a law at Project Vote Smart
• Federal legislation at GovTrack
• How a law is made at the North Carolina General Assembly