How a Bill Becomes a Law

Because each state has different ways of conducting legislative sessions, the following information is generic.

Standing Committees

One of the common misconceptions about the legislature is that the legislators are at work only when they are on the floor voting on bills, resolutions, and procedural matters. People usually visit the legislature on a day when the houses are in session, and wonder how anything gets accomplished in view of the apparently confused, disorganized picture presented by legislators on the floor. What such people fail to realize is that most of the work of the legislature is done in committee. Committees are the backbone of the legislative process. Behind every bill of general importance considered on the floor of each house, lie hours of careful work by the members of the committee to which the bill was referred. The legislature as a whole, relies on its committees to weed out the frivolous, dangerous,or less important measures and to report out only those bills deserving the consideration of the entire house.

Interim Committees

Moreover, a great deal of legislative work is done by interim committees, or committees appointed to consider important subjects of legislation during the interim period between legislative sessions. Most interim committees are composed of members of both houses. The members meet for a number of days to consider special problems the legislature believe sshould be studied carefully before a bill is drafted for introduction.

Calendars

The regular calendar is a list of bills that have been reported from committee and are ready for consideration by the membership of the entire house. Bills are listed on the calendar by number,sponsor, and title, in the order in which they are reported from committee.

An Idea

Ideas for legislation come from a wide variety of individuals and organizations. Legislators gather ideas for new legislation from constituents, professional associations, businesses,governmental agencies and other state legislatures. Many times, these groups or individuals will seek out a legislator to sponsor a piece of legislation.

Only legislators can introduce legislation, and most bills are drafted and written by the legislative staff. The staff is comprised of attorneys and research personnel who are experts inthe field of properly drafting legislation according to state law.

Introduction (First Reading)

Once a bill has been drafted in its proper form, it is ready to be introduced into the process. Legislators may “pre-file” legislation prior to the start of each regular session, but no action can be taken on any legislation until the legislature is actually in session. If a bill is not pre-filed, a legislator may file a bill at any time that the legislature is in session. NOTE: Some state legislatures have time limit requirements on the introduction of bills.

Upon a bill’s introduction, it is numbered, given its first reading, and assigned by the presiding officer of that house to a standing committee according to the legislation’s subject matter.

Committee Debate

Standing committees are charged with the important responsibility of examining bills and recommending action to the Senate or House. The committees of each house meet and consider the bills which have been referred to them and decide whether or not a particular bill should be reported as introduced, or with a suggested substitute bill or an amendment. On most bills, the recommendations of the committee are followed, although either house is free to overrule the action of the committee.

After a committee has completed work on a bill, it reports the bill to the house when the reports of committees are called for in the daily order of business. In some states, reported bills are immediately given a second reading and placed on the calendar for the next legislative day.

Debate

When a bill is called up in session, the whole house gives consideration to its passage. At this time, the bill may be studied in detail, debated, amended, and, in some states, read at length before final passage. After the bill has been discussed, it is voted on by each member individually.

If a majority of the members present and voting in each house vote for the bill, it is recorded aspassed and sent to the engrossing department of that house. Engrossment is the process of incorporating amendments into the bill before transmittal to the second house. If the majority vote against the bill, it fails.

Transmittal and Action in Second House

A bill which is passed in one house is transmitted to the other house. In the second house, a bill must pass successfully through the same steps of procedure as in the first house. If the second house passes the bill without amendment, the bill is sent back to the house of origin as being ready for enrollment. If the second house pigeon holes the bill at any stage of the proceedings, or fails to pass to a third reading, the bill is dead. However, the second house may amend the bill and pass it as amended. Since a bill must pass both houses in the same form, the bill with amendment is sent back to the house of origin for consideration of the amendment.

Conference Committee

In some states, the house of origin may refuse to accept the amendment but request that a conference committee be appointed. The other house usually agrees to the request, and the presiding officer of each house appoints members to the conference committee.

A conference committee meets and discusses the points of difference between the two houses and tries to reach an agreement on the bill. If an agreement is reached and both houses adopt the conference committee report, the bill is passed. If an agreement is never reached in conference, the bill fails.

Enrolled Bill

When a bill passes both houses in identical form, it is enrolled (copied in final form for transmittal to the governor). The enrolled copy is the official bill. In some states, after a bill has been enrolled by the house of origin, it is signed by the presiding officer in the presence of the members, and then sent to the other house where it is also signed by the presiding officer in the presence of the members. The bill is then ready for transmittal to the governor.

The Governor

When the enrolled bill reaches the governor, depending on the state, he/she can do a number of things: 1) sign it to make law; 2) veto it; 3) veto it with amendments; 4) let it become law without his signature, if applicable; or 5) pocket veto the bill, if applicable.

If the governor chooses options 2 or 3, and the legislature is still in session, the legislature may vote to override the veto, or in the case of option 3, vote to accept the governor’s amendments.