Bill (proposed law)
Encyclopedia
A bill 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
.
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.
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:
, a system of committees considers law relating to each policy area jurisdictions
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.
, 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.
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.
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
. Once a bill has been enacted into law, it is called an act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
or a statute
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
.
Etymology
The term bill is primarily used in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and the Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
. 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 RuleTen Minute RuleThe Ten Minute Rule, also known as Standing Order No. 23, is a procedure in the British Parliament for the introduction of Private Member's Bills in addition to the 20 per session normally permissible. It is one of the ways in which a bill may receive its first reading.Any MP may introduce a bill...
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 CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, a system of committees considers law relating to each policy area jurisdictions
Passing a bill
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 assentRoyal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
, 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
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
. In presidential systems, the legislature often has the power to override the veto of the executive by means of a supermajority
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has 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
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
. In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, 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 CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
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
Coroners and Justice Act 2009
-External links:*, as amended from the National Archives.*, as originally enacted from the National Archives.* to the Coroners and Justice Act 2009....
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
State Opening of Parliament
In the United Kingdom, the State Opening of Parliament is an annual event that marks the commencement of a session of the Parliament of the United Kingdom. It is held in the House of Lords Chamber, usually in November or December or, in a general election year, when the new Parliament first assembles...
, and end with Prorogation.
See also
- Legislative actLegislative actA legislative act is a formal written enactment produced by a legislature or by a legislative process. It may be contrasted with a non-legislative act which is adopted by an executive or administrative body under the authority of a legislative act or for implementing a legislative act....
- List of legislatures by country (most legislature articles have information on their processes)
- Resolution (law)Resolution (law)A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
- White paperWhite paperA white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
Hong Kong
India
New Zealand
United Kingdom
- BBC Parliament Guide:
United States
- Bills, Resolutions at THOMASTHOMASTHOMAS is the database of United States Congress legislative information. It is operated by the Library of Congress and was launched in January 1995 at the inception of the 104th Congress...
- Government 101: How a bill becomes a law at Project Vote SmartProject Vote SmartProject Vote Smart is a non-profit, non-partisan research organization that collects and distributes information on candidates for public office in the United States...
- Federal legislation at GovTrackGovTrackGovTrack.us is a website developed by then-student Joshua Tauberer who launched it as a hobby. It enables its users to track the bills and members of the United States Congress. Users can add trackers to certain bills. The website collects data on Congress members, allowing the users to check...
- How a law is made at the North Carolina General AssemblyNorth Carolina General AssemblyThe North Carolina General Assembly is the state legislature of the U.S. state of North Carolina. The General Assembly drafts and legislates the state laws of North Carolina, also known as the General Statutes...