Laws and Leg Flashcards
What is required in order to present a bill?
1) Introduced by either house
2) Must be read at least by title on 3 seperate days
3) Approval by simple majority
When does a bill become a law?
When the governor signs it or does not veto it within:
1) 7 days if in session
2) 15 days if leg adjourns for 30 days or more.
What vote is required to override a veto?
2/3
When does a law take affect?
60 days after the final adjournment of the session in which it was enacted or on a later date fixed by law or joint resolution.
Does the Governor’s veto extend to the whole bill?
Yes - except in appropriation bills.
What are the requirements in order for a law to be constitutional?
1) Law must be constitutional
2) Law must not be vague - it must be clearly worded so that the average person understands what is permitted
3) Law must not be broad - does not prohibit constitutionally protected activity
4) Reasonably related to the public welfare
5) Must contain an enacting clause “Be It Enacted by…”
6) Cover only 1 subject
7) Subject must be clearly reflected in the title
8) Cannot amend by general reference to title.
Laws that dont comply are nullities.
What is a general law?
Laws that apply uniformly state wide.
What is a general law of local application?
The subject matter of the law must be reasonably related to the population classification.
These laws use a classification or common scheme such as population or other criteria.
There must be a nexus between the purpose for the law and the common scheme used.
What are special laws?
Laws that apply to known specific persons, places, or things.
What are laws that require general applicable?
Taxation Rules of Evidence Adoption Punishment of Crimes Petit Juries Election Divorce
Venue Change
Condition precedent to bringing criminal or civil case
Lien creation
Regulation of occupations
Does the public need notice of a general law of local application?
No
Must there be a referendum to enact a general law of local application?
No
Does the public need notice of a general law?
No
Must there be a referendum to enact a general law?
No
What is required to pass a special law:
1) Notice of the intention to enact the law which has been published in the local paper of the affected area
or
2) Law is only effective upon the referendum of the electors.
