Legislative Primer: How a Bill Becomes Law


By Robert Cunard
Capital News Service

(From the issue of 1/16/03)

RICHMOND -- Members of the Virginia General Assembly last year filed more than 2,900 bills and resolutions. Almost 900 were signed into law, affecting everything from A (agriculture) to Z (Regulation Z, a rule governing payday loans).

As lawmakers return for their 2003 session, they already have introduced more than 2,100 pieces of legislation -- and they still have until Friday [note: Jan. 17] to put items in the hopper.

To become law, a bill must pass through an arduous process; it's not always pretty. As German statesman Otto von Bismarck once quipped, "There are two things you don't want to see being made -- sausage and legislation."

Here's how the legislative process works:

A bill may be introduced in the Senate or the House of Delegates; either way, the process is basically the same. The bill must win approval from the chamber in which it originates, and then it goes to the other legislative body.

Let's suppose that a House member has an idea for a bill important to his or her constituents. The delegate first explains the proposal to an attorney in the Division of Legislative Services, an office that drafts bills and provides other support for the General Assembly.

The staff attorney checks existing laws and the constitutionality of the proposed legislation, then draws up language for the bill. The delegate signs the draft and introduces the legislation to the House clerk's office.

The speaker of the House assigns the bill to one of 14 standing committees. The current speaker is Delegate William Howell, R- Fredericksburg, who was elected by the House on Wednesday. (If this were a Senate bill, the clerk of the Senate would assign it to one of the 11 standing committees in that chamber.)

After getting a bill, the committee meets and considers it; sometimes a subcommittee does this work. The committee can pass, kill, ignore, amend or study a bill, or write a substitute bill.

If the committee approves the bill (in legislative jargon, this is called "reporting" the bill), it goes to the full House for three readings.

In the first reading, the bill gets put on the House calendar; there is no debate.

During the second reading, House members can debate, amend and take a preliminary vote on the bill. If the bill is amended, the corrections are made, and it is reprinted.

The third reading is when the House takes a final vote on the bill. The House can pass or defeat the bill or return it to the committee.

If the House passes a bill, it goes to the Senate, and the process begins again, starting with a Senate committee.

Once the identical bill has passed both houses, it is "enrolled" and sent to the governor. (If the House and Senate approve different versions of a bill, a conference committee of delegates and senators tries to reach a consensus. The conference committee's bill then goes to each chamber for approval.)

The governor -- currently, Democrat Mark Warner -- may sign, veto or amend the bill. If he takes no action within seven days, the bill becomes law. When the governor amends a bill, it must be returned and approved by both houses. A veto from the governor may be overridden by a two-thirds vote in both the House and Senate.

In fact, after the legislative session ends on Feb. 22, lawmakers will return to Richmond on April 2 for a "reconvened session" – to consider any gubernatorial vetoes.

Most laws take effect July 1, but some take effect at other times as stated in the legislation.

How to Track Legislation

To track a bill, you can use the same tools that reporters, legislative aides and even lawmakers use.

You may track a bill online by visiting the Virginia General Assembly's home page at http://legis.state.va.us. Under the Legislative Information System heading, click on "Session Tracking." There, you can get details on all bills and their current status. You also can explore the archives of previous legislative sessions.

You also can get legislative updates by creating a personalized home page at www.myvirginia.org. This is a free service sponsored by the state. You can set up your home page so that it automatically tells you the status of specific bills and displays public meeting notices and other information.

The public also can get legislative information by telephone by calling (804) 698-1500. The state has a separate number for Virginians wishing to express opinions about legislation. The Constituent Viewpoint hotline is (800) 889-0229 or (804) 698-1990.

You also can contact legislators directly. You'll find phone numbers, e-mail addresses and other information on the General Assembly's Web site.

Copyright ©2003 Arlington Catholic Herald.  All rights reserved.


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