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Resolutions: Not the Kind You Set at the Beginning of the Year and Ignore by January 15th

Jul 31, 2019

When it comes to making laws, bills are often the stars of the show.  After all, there is a Schoolhouse Rock! song specifically dedicated to bills that we all remember from childhood.  But, there is also a role for resolutions in the legislative process.  There are three different forms of resolutions that the Legislature can use and each serves a distinct purpose.

The first type is a one-chamber resolution, and similar to a bill, it is assigned a number when it is first introduced. The resolution stays in its chamber of origin and reflects the will of the chamber that initiated it.  The other chamber doesn’t vote on it.  These types of resolutions can be used for many purposes, such as designating special events, expressing an opinion in support or opposition to an issue, urging other government officials to take certain actions, or conducting legislative business.  For instance, when the House adopts a resolution to establish its House Rules, those only apply to that chamber.

The second type is a concurrent resolution. Like a bill, these resolutions can be considered by both chambers.  If adopted by both chambers, it expresses the will or opinion of the entire legislative body.  Like one-chamber resolutions, concurrent resolutions can be utilized for numerous purposes.  But there are specific instances set forth in the state Constitution that require the use of a concurrent resolution, including,

    • Approving changes to the salaries and expense allowances for the Governor, Lt. Governor, Attorney General, Secretary of State and Justices of the Supreme Court. Furthermore, the legislature must alternate which chamber originates the concurrent resolution;
    • Setting the sine die adjournment date at the end of a regular session. While the legislature can determine the day which they will adjourn without end, the Constitution requires that the adjournment time be at noon on the selected date;
    • Creating a joint committee that can act between sessions; and,
    • For reasonable cause, which must be stated at length in the resolution, require the Governor to remove a judge from office. This type of concurrent resolution must be adopted by a two-thirds vote by each chamber.

Like resolutions, concurrent resolutions are also assigned a number upon introduction.

Lastly, there are joint resolutions, which  have a special nature because they are used for the propose of amending the state Constitution.  If such a resolution is introduced, it must be adopted by a two-thirds vote in each Chamber.  If adopted, the question the joint resolution poses will be placed before the voters on the general ballot.  Ultimately, it is the voters who will decide if the Constitution is amended or not.  Unlike one-chamber resolutions and concurrent resolutions, joint resolutions are assigned a letter when they are introduced.  If enough joint resolutions are introduced that they go through the entire alphabet, they’ll start over again and use double letters (i.e. Joint Resolution AA).

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