Legislation Moving Through the Senate:
The process of moving a bill through the Senate is almost the same as in the House. After a bill is introduced by a Senator it will be referred to the appropriate committee by the President Pro Tempore.
Once the bill is in committee the chairman will have full control over its action. He/She may bring the bill to a vote or hold a public hearing on the bill so the committee can gather more information about the subject. It takes a majority of the quorum to pass a bill out of committee.
The committee can vote for the following actions:
- Report the bill favorably (pass it out of committee, as is)
- Report the bill as amended (pass the bill out of committee with an amendment(s) made by the committee)
- Report the bill unfavorably (vote the bill down, it will stay in committee for the time being)
- Take no action on the bill
There is no rule requiring action to be taken by a certain date. In fact, the majority of bills introduced are left to die in committee, without ever seeing the light of the Senate floor.
Once a bill is passed favorably out of committee it will move to the full Senate.
On the Senate Floor:
Every bill must be considered on three different legislative days – or on three considerations – before it can come to a vote on final passage.
- First consideration is typically the day the bill is reported from committee, the bill will be read to the chamber by the presiding officer. No debate, amendments or other motions are allowed.
- On second consideration, amendments and debate are allowed. Often times, the bill will be re-referred to a committee at this time. (Many times the bill will travel through its referred committee and also the Appropriations Committee.) A bill which requires an expenditure of the state’s funds or funds of any political subdivision, or that will cause a loss of revenue to the state or any political subdivision can’t be given third consideration on the calendar until it has been referred to the Appropriations Committee to have a fiscal note attached. Appropriations may utilize the Budget Office or any other State Agency as is necessary to do this.
- On third consideration bills can be debated and amended. The bill cannot be voted on in final passage unless it is printed, with any amendments that have been made, and given to the Senators. Also if a bill is amended on third consideration, it cannot be voted on final passage until at least six hours after it was last amended.
On final passage the bills can no longer be amended (unless a 2/3 majority votes to suspend the rules), but are open to debate. A bill must receive a simple majority to pass — 26 or more votes.
If the bill had been received from the House, and no amendments were made before final passage, then it will be presented to the Governor for his signature to become a law. However, if the bill originated in the Senate it will then move onto the House.
Concurrence in the Senate:
If the House enacts amendments to the bill they will then send it back to the Senate for a concurrence vote. Any bill which is returned to the Senate will immediately be referred to the Committee on Rules.
Before a concurrence vote can take place in the Senate the Rules Committee must pass the bill with amendments out of the committee, have copies made and placed on the Senators desks and have the bill referred on the calendar. (Also, if an amendment made by the House requires a new expenditure of the state or a loss of revenue, the bill may not receive a final vote until it has gone through the Appropriations Committee and received a fiscal note reflecting the impact of the amendment.)
Then, at least six hours must pass before the adoption of the last amendment.
When the bill comes to final passage no more amendments can be made. The amendments must be voted either up or down by the Senate. If the Senate cannot agree to vote on the House amendments, but do agree that a bill should be passed; a conference committee will be formed to work out a compromise.
If the new amended bill passes with a simple majority vote, it will then be sent to the Governor to be signed into law.
The Senate needs a 2/3 majority vote to override a governor’s veto or to approve a non-preferred appropriations bill.