Legislative Process

So how does a bill become a law anyway? You may remember the immortal “Schoolhouse Rock” animated short from the 1970s that provided a CliffsNotes version of how the procedure worked in D.C. Here’s how it happens at the state level, as explained at www.virginia.gov. In our case, we’ll use SB 298—the Smoke Free Air Act—as our case study.

First, a lawmaker has an idea for a bill, offi cially defi ned as “a document which changes the current law, adds new law, or deletes existing law.” The idea for a bill may come from General Assembly members, their constituents, lobbyists, the governor, or heads of state agencies charged with administering the law. The bill sponsor then sends it to the Division of Legislative Services (DLS) where it is checked for constitutionality and drafted into a bill. The sponsor then signs and introduces the bill.

A bill is then introduced in its originating body (House or Senate) and assigned a number by the clerk. In the Senate, the clerk refers bills to committees; in the House, the speaker refers all the bills to committees. The rules of the House and Senate specify the subject areas to be considered by each committee.

The committee system is an integral part of the legislative process. The committees hear reasons why the bill should be reported to the Senate or the House of Delegates. The patron is usually the fi rst to speak and the public has an opportunity to voice support or opposition.

The committee chairman may assign the bill to a subcommittee, made up of a portion of the committee membership. The subcommittee has the option to amend the bill, and after reviewing it makes a recommendation to the full committee on what action to take. Subcommittee votes are not recorded. The committee takes up the bill as amended by the subcommittee, along with its recommendation. Before taking fi nal action, the full committee has the option to amend the bill once again, and it votes on what action to take; the full committee is not obligated to follow the subcommittee’s recommendation.

After the subcommittee or committee hears the patron and any other witnesses, it has several options once the chairman calls for a vote:

• Report: The majority of the committee approves of the bill and it is reported to the fl oor. The bill may be reported without amendment, with amendments or with an amendment in the nature of a substitute. A bill may also be reported and referred to another committee using this method.
• Pass by Indefi nitely: This action allows the committee to reconsider the legislation prior to the deadline established by the procedural resolution that sets the schedule for consideration of bills.
• Defeat: The committee rejects a motion to report the bill, and there is no further action.
• Continue/Carry Over: A bill introduced in an even-numbered year session may be continued or carried over to an odd-numbered year session for further action or study during the interim.
• Pass by for the day: The committee is not ready to act on the bill. If the bill is not taken up before the deadline, then it is considered Left in Committee or No Action Taken.
• No Action Taken or Left in Committee: No motion is made on the bill and it dies at the time of the committee action deadline.
• Incorporate into other Legislation: The bill is incorporated or included into another bill through an amendment or a substitute. The bill may have similar language or duplicate language with the same intent.

After a bill is reported out of subcommittee and then committee, it goes to the fl oor of its originating body for a fi rst reading, wherein the bill title is printed in the calendar or read by the clerk.

The Virginia Constitution requires that the title of each bill be read three times or appear in the printed calendar on three different days. Bills are considered in the order in which they appear on the calendar.

The clerk reads the title of the bill a second time. The bill’s second reading is referred to as the “amendable stage.” On this reading, committee amendments are usually taken up fi rst and adopted or rejected by the body. Sometimes there are so many amendments to a bill that an “amendment in the nature of a substitute” is reported by the committee. After consideration of any committee amendments or substitutes, the body considers any fl oor amendments or fl oor substitutes which may have been offered by a member of the body. At this point, debate is limited to discussion on the amendments or substitutes and the body votes whether to engross the bill and advance it to third reading. If a bill fails to be engrossed and advanced to its third reading, it is defeated.

After the consideration of any amendment or substitute, a bill is ordered to be “engrossed” and advanced to its third reading. A bill is engrossed when any amendments are incorporated into the bill language. If there are no amendments, the bill as introduced becomes the engrossed bill. If the body adopts a “substitute,” the substitute becomes the engrossed bill.

The engrossed bill appears in the calendar and is read a third time by the clerk. The Constitution requires that a bill must have a recorded vote on its passage, so every legislator who voted on the question, “Shall the bill pass?” is shown in the public record as voting “Yea,” “Nay” or “Abstain.”

When passed, the bill is sent to the other body, either by the clerk in a written communication or by a member in person, informing the other body that the bill has passed. Crossover is the date when the house of origin must have taken action on a bill or the bill dies. Crossover is also when the bills passed by one house must have crossed over to the other. It usually occurs midway through the legislative session.

The Constitution of Virginia establishes a bicameral legislature that requires each body of the General Assembly to pass legislation in exactly the same form before it can be sent to the governor to become law.

Upon passage of legislation, bills and the action taken regarding them are communicated to the other body. The bill goes through essentially the same procedure as it did in its house of origin. In the House of Delegates, the speaker has the authority to assign all bills to committees of his choice, as well as the authority to appoint all committee and subcommittee members.

Had the House of Delegates passed the bill without amendment, it would have been enrolled and communicated to the governor, since it would have passed both the House and Senate in the same form.

If a Senate bill is passed by the House with amendments or with a substitute, the bill and the changes must be communicated to the Senate for consideration. If the Senate agrees to the changes proposed by the House, the bill, with the changes, is enrolled and sent to the governor. If the Senate does not agree to the changes, a Committee of Conference may be formed to resolve the differences between the House and the Senate. If a Committee of Conference is not formed, the bill fails to pass.

Each Committee of Conference consists of an equal number of senators and delegates (usually three each). If an agreement is reached, the terms of the agreement are reported to each body. If each house agrees to the report, the changes are incorporated into the bill and the “compromise” bill is enrolled and sent to the governor. If the Committee of Conference cannot agree or the report is rejected by either body, the bill dies. After being passed by both houses, the bill is printed as an enrolled bill, examined, and signed by the presiding offi cer of each chamber. The bill is then sent to the governor who may sign, veto or offer amendments. If the governor does not act on a bill, it becomes law without his signature. Bills that become law at a regular session are effective the fi rst day of July following adjournment, unless otherwise specifi ed.

If the governor recommends amendments to or vetoes a bill and the General Assembly is still in session, the General Assembly can consider the governor’s action. The recommended amendments or vetoed legislation is sent to the house of origin. There are various constitutional options available to the General Assembly: 

• The amendments can be agreed to or rejected.
• The governor must submit amendments in a form that allows the General Assembly to act on each amendment individually.
• If either house of the General Assembly determines that the governor’s amendments are not able to be acted upon individually, it may refer the bill to committee and the bill will be treated as if it was just introduced.
• The governor’s vetoes may be upheld or overridden. If upheld, the bill dies. The vote to override a governor’s veto requires a two-thirds vote of both the House of Delegates and the Senate.

Throughout the lifecycle process, the public and public-interest groups have ample opportunities to comment on and help construct the concept of bills. The Medical Society of Virginia works tirelessly on behalf of the commonwealth’s physicians to make sure their interests are represented and/or protected in any medically related legislation introduced each year. What makes a non-profi t organization like MSV unique among lobbying institutions is its grassroots approach; the society’s government affairs associates work to directly convey concerns brought up by members, in effect giving voice to nearly 9,000 physician members throughout the state. In addition to spending time with legislators and their aides to convey these concerns, MSV forms coalitions and partnerships with other groups that may represent different interests, but share common goals. Pushing the society’s messages out via media is another way to enforce that message and build support for legislation that supports doctors and the medical profession in Virginia.