Did you know that there are at least 4 votes a bill has to pass on its way to becoming a law in Arkansas? Knowing when and how those votes happen is good knowledge to have in your back pocket if you plan to use your voice this legislative session.
Every bill has to pass at least 4 times.
If it’s going to become law, a bill has to pass at least 4 votes.
1. Originating chamber (House or Senate): Committee vote
2. Originating chamber: Floor vote
3. Other chamber: Committee vote
4. Other chamber: Floor vote
So let’s get nerdy and dive a little deeper into the key points in the bill-to-law pathway.
FILED AND “READ”
Once a senator or a representative files a bill, the bill is then “read” in that chamber.
What does it mean to be read? The clerk just says the full title of the bill. This is sort of an announcement to the world that this bill exists. The Arkansas Constitution mandates that bills are “read” three times on three separate days, both in the Senate and the House, before they can be passed into law. In practice, legislators almost always vote to suspend this so that the 1st and 2nd reading of a bill happens on the same day.
After the 2nd reading of the bill (again, just the title), the bill is assigned to a committee. For example if it’s a health-related bill filed by a Senator, it will be assigned to the Senate Public Health Committee.
VOTE 1. ORIGINATING CHAMBER COMMITTEE
Once a bill is assigned to a committee, it will probably get a hearing in that committee – though not all do. Some bills just die a quiet death never being taken up for consideration. But in general, the committee is the public’s best chance to speak up about how they feel about a bill. Anyone can attend a committee meeting, sign up on a sheet of paper to speak about a bill, and be called to testify when that bill is up for consideration.
It’s also the best place to point out and remedy problems in a bill through the amendment process.
Driving to Little Rock to testify isn’t the only way to use your voice at this point. It’s also a great chance for citizens to reach out to legislators on that committee to share their concerns or applause.
CLICK HERE for a list of House and Senate committee assignments.
Most Senate committees have 8 members. Most House committees have 20 members.
Members of the committee then (usually) vote to pass or kill the bill.
VOTE 2. ORIGINATING CHAMBER FLOOR VOTE
If approved in committee, the bill then goes to the “floor” of the chamber where it was filed. That just means it’s considered by all the members of that chamber. Using our Senate example, our public health bill would be placed on the full Senate agenda. The clerk will then ‘read’ the bill (the title) a 3rd time, completing that Constitutional requirement. The sponsor will give a song and dance, legislators will speak for or against the bill, and then the legislators will vote on it.
The public doesn’t get to speak at this point, but they can call, text, or email legislators to let them know their position and desires.
If the bill passes in the originating chamber, it is “transmitted” to the other chamber. In our example, it would leave the Senate and go to the House. At this point, the whole process that happened in the Senate just starts all over again in the House, starting with ‘reading the bill’ the 1st and 2nd time and assigning it to committee.
VOTE 3. OTHER CHAMBER COMMITTEE
As noted above, the public can speak at the committee hearing. This is the second (and often, final) opportunity citizens have for direct input. The bill may be killed here, approved just as it is, or amended and approved with those amendments.
VOTE 4. OTHER CHAMBER FLOOR VOTE
The full body of the second chamber will discuss and vote for or against the bill at this point. Again, there is no direct public participation here, but citizens can reach out and express their feelings to their elected legislator.
If it’s approved here, it is sent back to the originating body. In our example, it would leave the House and go back to the Senate. Any changes made in the House would have to be “concurred” with or agreed to by the full body of the Senate.
Finally, then and only then, is the bill sent to the governor to be signed into law.
SCENARIO
Let’s get crazy and do a “for instance.” So, let’s say that Sen. Ricky Hill filed a bill requiring all state colleges to allow tailgating for at least a full 24 hours leading up to football games. Here’s how that would go:
The bill would be read 2 times in the Senate, then probably assigned to the Senate State Agencies Committee.
Citizens and others show up to testify in that Senate committee.
— Sports fans advocate for their right to cook brats in public parking lots starting as early as they deem necessary.
— The Chamber of Commerce exclaims the beneficial impact of retail and tourism dollars related to tailgating.
— The Department of Higher Education voices its concerns about clean-up, public safety, and traffic disruptions should the bill pass.
— Senator Hill explains the merits of his bill and defends against claims made by detractors.
The bill is passed out of the Senate Committee (Vote 1) and sent to the full Senate.
Senators are inundated with texts and emails about tailgating rights from the public. There is tailgating ahead of the vote in the Capitol parking lot. The bill is a “read” a 3rd time by the Senate clerk. Various Senators wear their college team colors and engage in rigorous debate, ultimately passing the bill (Vote 2).
The bill is transmitted to the House, where it is read two times by the House clerk and assigned to committee. The House co-sponsor of the bill (let’s say, Rep. Jeff Wardlaw) presents it in the House State Agencies Committee. The same folks speak again in committee, and Rep. Wardlaw negotiates a compromise to amend the tailgating time to 12 hours instead of 24 hours. The amendment is approved, and the bill is passed out of committee (Vote 3).
The amended bill is read a 3rd time, voted on by the House, and approved (Vote 4).
The bill goes back to the Senate, where Senator Hill presents the amended bill to his colleagues in the Senate and encourages them to ‘concur’ with the changes made in the House. They do, and the bill is sent to the governor’s office for a signature (Vote 5 — remember, there are at least four votes).
There you have it.
That’s a simplistic overview of the process. There are all kinds of political shenanigans and parliamentary procedures that can be injected throughout the process to make it more complicated. But just know that you as a citizen will always have those 4 opportunities to influence legislation before it becomes law.
