Legislative Process Guide

How a Bill Becomes Law

The legislative process is highly contentious, sometimes convoluted, and often complex. This is not the way the process is depicted in textbooks, which present an overly-formal and extremely repetitive process. Former Indiana Congressman Lee Hamilton makes the same observation and describes the tumultuous nature of lawmaking in this excerpt from the chapter "How a Bill Really Becomes Law" in his book How Congress Works:

When I visit with students in American government classes, I always make a point of flipping through their textbooks to see the diagram illustrating "How a Bill Becomes a Law" in Washington. The diagram explains that a piece of legislation, once introduced, moves through subcommittee and committee, then to the House and Senate floors, then to a House-Senate conference, and finally to the President for his signature or veto.

In a technical sense, of course, the diagram is accurate. But it gives a woefully incomplete picture of how complicated and untidy the legislative process can be, and it barely hints at the multitude of difficult things that a Member of Congress must do to shepherd an idea into law. For a U.S. Representative, the most-time consuming aspect of moving legislation is conversation: the scores - even hundreds - of one-on-one talks that an astute Member will have with colleagues to make the case for a particular bill, to learn what arguments opponents will use to try to block it, and to get a sense of what adjustments might be needed to move it along.

There was a time when it didn’t take so many conversations to advance a proposal through Congress. If you could sell your idea to the top leadership and a key committee chairman or two, their clout would carry a bill well down the road to passage. Nowadays, though, more people on Capitol Hill have legislative power, including subcommittee chairmen, party leaders, leadership-appointed task forces, and individual Members, especially those who are skilled at attracting media attention. People outside Congress also need to be consulted, including key special interest groups who have much to gain or lose depending on the precise language of a bill and who have influence with Members.

The soundings from this smorgasbord of conversations generally end up posing a dilemma to a Member pushing a bill: altering the proposal to accommodate skeptics might broaden its appeal, but compromising too much could alienate core supporters. A successful legislator must constantly be counting votes to assure he has a majority of support and must be strategically savvy enough to gauge accurately whether to try to mollify the opposition, or to push ahead and hope to defeat it. He needs to check with the parliamentarian to assure that technical objections do not block the bill, and be prepared to debate with his colleagues every line of the bill and to find the arguments that are most persuasive. And through it all, the Member must always weigh the political impact of the bill, especially with his constituents and his contributors.

If, with conversation, persuasion, persistence and luck, a House Member clears the many hurdles and gets a bill passed through that chamber, the reward is to begin the difficult journey anew in the Senate, where the threat of a filibuster immensely complicates the legislative process. Unless 60 of 100 Senators vote to close off debate on a measure, it is effectively blocked; the Senate on many issues no longer operates by simple majority rule.

The fate of a legislative proposal is also influenced by the preferences of the President and the executive branch bureaucracy. A Member of Congress trying to advance a bill must be taking constant readings from the President to learn if he will veto it or sign it into law.

The workings of Washington sometimes appear to be a tangled and contentious mess, but there is a framework in which the action takes place. Granted, it is not as tidy as the textbook diagrams suggest; the legislative process is increasingly complex and dynamic, and thoroughly political from beginning to end. But it is a process that takes into account the need to hear from all points of view and to build consensus in our large, diverse and complicated country. Rarely is that quick or neat work, but it is the fundamental stuff of democracy, and it has served our country well.

The legislative process in Washington DC and our state capitals is, to a certain degree, deliberately inefficient and consciously clings to very bureaucratic rules. This is intended to allow for optimum debate on the formation of our laws and ample opportunities to amend or halt legislation, as opposed to having a legislative body that sanctions legislation on a whim without debate or serious consideration of the consequences. This is important to remember because the extensive process tends to produce a lot of information, which you’ll have to get used to deciphering.

Any member of the legislature may introduce (sponsor) legislation, individually or collectively with additional members during a legislative session. Governors and various executive departments and agencies will also introduce legislation or have a member of the legislature, typically the Speaker of the House, introduce one on behalf of the executive branch. The chamber of origin is whichever chamber in which the author of the legislation serves as a member. The legislation will fall into one of the following categories:

Bill: The most common form of legislation; serves as a proposal for deleting, supplementing, or amending state law.

PVS Terminology: Legislation

Resolution: The role of a resolution differs by state, but typically it will be taken up by only one chamber. They often don't carry much weight, issuing no substantive amendments to the law. They are frequently used to recognize an individual's contribution to something, make a political statement, censure a member of the legislature, etc. However, in some cases they will garner significant attention, such as when a resolution is introduced to impeach a member of the Executive branch.

PVS Terminology: Legislation-Resolution

Joint Resolution: This is a resolution taken up by both chambers of the legislature and is frequently used to introduce a constitutional amendment. These will usually carry more weight than a simple, non-binding resolution and undergo the same process as a bill. However, upon passage by both chambers, it will usually not be submitted to the Governor. Sometimes a Joint Resolution will take on a similar form as a Resolution, except that it is received by both chambers of the legislature.

PVS Terminology: Legislation-Joint Resolution

Executive Nomination: Governors, like the President, have appointment power over the various state agencies they oversee. When a Governor takes office or a cabinet position is vacant, the Governor's appointee must be confirmed by the Senate, provided that the state constitution specifies that a confirmation is necessary.

PVS Terminology: Nomination

Amendment: A legislative document that attempts alter a previously introduced piece of legislation. An amendment is introduced in committee or during second reading. It could be a relatively insignificant and uncontroversial change, or it could change a crucial aspect of the legislation. It could also replace the entire text of the legislation ("substitute amendment").

PVS Terminology: Amendment

The legislation is then assigned a prefix to indicate the chamber of origin and the type of legislation. Some of the common prefixes include: "H" or "HB" (House Bill), "S" or "SB" (Senate Bill), "AB" (Assembly Bill), "HR" (House Resolution), "SJR" (Senate Joint Resolution), "HF" (House File), or some variation thereof, depending on the state. A number is also assigned to the legislation, resulting in something like: HB 2387, HJR 169, SB 89, or SF 78. The author(s) is listed as the sponsor, and other members may be added as co-sponsors to indicate their support for a specific version of the bill.

Because states vary in their legislative rules, Vote Smart applies its own terminology for consistency. It is crucial to understand these terms to complete your work properly.

Passage: When either (1) the chamber of origin is voting to pass legislation and send it to the opposing chamber, regardless of whether amendments were adopted, or (2) the opposition chamber is voting on legislation that has already passed the chamber of origin and no amendments were made. The bill is then sent to the Governor if the opposing chamber passes a bill and a concurrence vote is NOT necessary.
Passage with Amendment: When the opposing chamber is voting to pass legislation that has already passed the chamber of origin, but amendments were adopted. Therefore, if the opposing chamber passes a bill and a concurrence vote IS necessary to send the legislation to the Governor, then the stage is considered "Passage with Amendment."
Amendment Vote: When either chamber is voting to adopt an amendment to legislation while it is up for consideration by the full chamber (we do not cover committee votes).
Concurrence Vote: When the chamber of origin is voting to concur with the opposing chamber's amendment(s) and repass the bill in order for it to be sent to the Governor. If such a vote takes place, it will inevitably follow a Passage with Amendment. A concurrence vote is also necessary to approve an Amendatory Veto issued by the Governor.
Concurrence Vote with Amendment: When either chamber is voting to concur with the other chamber's amendments AND adopt additional amendments. Therefore, an additional concurrence vote is necessary in order to reach the Governor. This vote, however, rarely occurs and is limited to a few states (Georgia and Pennsylvania, for example).
Nonconcurrence Vote: When either chamber is voting to reject the other chamber's amendments.
Tabling Vote: When either chamber is voting on a motion to table (kill) legislation or an amendment.
Conference Report Vote: When either chamber is voting to adopt a conference committee report and send the bill to the Governor after a concurrence vote failed or a nonconcurrence vote passed and a conference committee was appointed.
Override of Veto: When either chamber is voting to override a full veto or partial (line-item) veto issued by the Governor.
Referred to Committee: When legislation is introduced into committee after passing the chamber of origin.
Cloture Vote: When the Senate is voting on a motion to invoke cloture and bring the bill to a vote by the full chamber (rarely happens with state votes but is common in the U.S. Senate).
Confirmation Vote: When the Senate is voting to confirm an executive nomination.
Inexpedient to Legislate: When either chamber from New Hampshire is voting on a motion to declare legislation inexpedient to legislate, thereby killing the legislation (similar to a tabling vote).
Motion Vote: When either chamber is voting on a motion that cannot be classified as any of the above stages. For example, if it is a second reading vote or a motion to recommit legislation to a committee.

Keep these terms in mind. We have noted them in the body of the text below to indicate their place in the legislative process.

Upon introduction, the legislature submits the bill to the committee(s) specializing in the subject matter of the legislation. This step is usually referred to as the "first reading." Once the legislation arrives in committee the panel will examine it collectively. A lot of legislation never makes it out of committee, and those that do are subject to a rather thorough and vigorous inspection from the committee alone. They will frequently summon experts to testify before the panel on the implications of the legislation, and the committee is free to amend or even substitute the legislation, subject to a vote. The procedure for amending legislation in committee is often referred to as "mark ups." Once the committee has amended the legislation, it is then subject to an up-or-down vote by the committee to be transferred to the full chamber ( the "floor" of the House or Senate, or the "Committee of the Whole"). Typically, a majority vote is necessary to send a bill out of committee. Of course, the committee doesn't have to amend the legislation.

The "second reading" begins when legislation is submitted to the floor for consideration by a full chamber. Members are given the opportunity to amend the legislation (Amendment Vote), substitute it (Motion Vote), table it (Tabling Vote or Inexpedient to Legislate Vote) or send it back to committee (Motion Vote). Amendments and various procedural motions require a vote to be adopted. After the amendment process is complete, an up-or-down vote is necessary for passage of the bill (Passage). This vote is referred to as "third reading" of the bill, except for a few states (North Dakota, for example) that pass their bills on a second reading. If it is passed, a new copy of the legislation is printed with any amendments and submitted to the opposing chamber.

In the opposing chamber the legislation is subject to the same process it was in the chamber of origin. This is often the end of a piece of legislation, as it can be a lot more difficult to pass the opposing chamber. This occurs frequently when party control of a state legislature is split, with one party controlling one chamber and the opposing party controlling the other. If legislation successfully passes the chamber of origin and is introduced to the opposing chamber, it must be submitted to the appropriate committee(s) (Referred to Committee). Legislation that is successfully passed by the opposing chamber will usually be amended or even substituted in some form (Passage with Amendment). If, however, there were no amendments adopted and the legislation passes in its original form (Passage), then the bill goes directly to the Governor.

In most cases the opposing chamber will alter the legislation, and the initial chamber must concur with those amendments. The legislation is again submitted to the floor of the chamber of origin for a vote to concur and repass the legislation (Concurrence Vote). In some states, the legislature votes separately on concurrence with the amendments proposed by the other chamber and passage of the bill in its final form (Colorado, Missouri, and Maryland, for example). However, most states combine the two votes. Sometimes a legislature will vote on a motion to NOT concur with the opposing chamber's amendments (Nonconcurrence Vote). Some legislatures allow a chamber to concur with the other chamber's amendments AND further amend the bill (Concurrence Vote with Amendment). When this occurs, the additional amendments must again be approved by the other chamber. If the concurrence vote(s) succeeds, the bill is sent to the Governor.

If, however, the concurrence vote fails or the nonconcurrence vote passes, the legislation isn't necessarily dead. The two chambers can forge a compromise through the appointment of a conference committee. Each chamber will appoint a number of conferees. Typically, these are members of the House and Senate committees that examined the original legislation. Jointly, they will recommended changes to the legislation to accommodate the differences between the versions passed by each chamber. This is not always the case, as some conference committees will simply request one chamber to recede from its amendments and accept the other chamber's version of the bill. Once the conference committee makes its recommendations, the bill returns to the floor of each chamber for another vote to adopt the conference report (Conference Report Vote). In some states the legislature is permitted to vote separately in concurring with the amendments proposed by the conference committee and passing the bill in its final form (Colorado, Missouri, and Maryland, for example). Most states, however, combine the two votes. If one or both of the chambers vote to reject the conference report, the legislation is dead. It can only be revived by submitting it back to the conference committee, which is extremely rare. The chambers are disallowed from amending the legislation after the conference committee convenes. If the conference report is adopted by both chambers it is sent to the Governor.

The role of the Governor regarding legislation varies by state. Generally a Governor can choose to sign the bill in to law, veto it, or issuing a line-item veto. In a line-item veto the Governor rejects only portions of the bill, while signing the rest into law. Line-item vetoes are usually reserved for major appropriation bills like a fiscal year budget. There are a few states that do not authorize line-item vetoes at all, and some that allow the Governor to offer their own amendments to the legislation and send it back to the legislature (Concurrence Vote) before signing the legislation into law. This is usually referred to as an "Amendatory Veto." Any action must occur within a time frame specified in the state constitution, or the bill will become law automatically. There is one exception to this rule: a "pocket veto." This is when the legislature submits a bill to the Governor shortly before the end of the legislative session and the deadline for the Governor's action falls after the date in which the legislature adjourns. The Governor may refuse to sign the legislation or veto it and the legislation dies. If the Governor vetoes a piece of legislation or any part thereof the legislature retains the right to override that veto. Both chambers must vote on the override, which typically takes a two-third majority to pass (Override of Veto).

Review this bill history for HB 1775 from Colorado during the 2006 session. The numbers on the left margin indicate the stages that are listed below the bill history, and the stages that are in bold would be entered into Admin.

Summarized History for Bill Number HB06-1175

(The date the bill passed to the committee of the whole reflects the date the bill passed out of committee.)

(1) 01/19/2006 Introduced In House - Assigned to Health and Human Services

(2) 01/30/2006 House Committee on Health and Human Services Pass Amended to House Committee of the Whole

02/09/2006 House Second Reading Laid Over

(3) 02/10/2006 House Second Reading Passed with Amendments

(4) 02/13/2006 House Third Reading Passed

(5) 02/15/2006 Introduced In Senate - Assigned to Judiciary

(6) 02/22/2006 Senate Committee on Judiciary Pass Amended to Senate Committee of the Whole

(7) 02/27/2006 Senate Second Reading Passed with Amendments

(8) 02/28/2006 Senate Third Reading Passed with Amendments

03/02/2006 House Considered Senate Amendments - Result was to Laid Over Daily

03/03/2006 House Considered Senate Amendments - Result was to Laid Over Daily

03/06/2006 House Considered Senate Amendments - Result was to Laid Over Daily

03/07/2006 House Considered Senate Amendments - Result was to Laid Over Daily

03/08/2006 House Considered Senate Amendments - Result was to Laid Over Daily

03/09/2006 House Considered Senate Amendments - Result was to Laid Over Daily

03/10/2006 House Considered Senate Amendments - Result was to Laid Over Daily

03/10/2006 House Considered Senate Amendments - Result was to Laid Over Daily

(9) 03/13/2006 House Considered Senate Amendments - Result was to Not Concur - Request Conference Committee

(10) 03/16/2006 First Conference Committee Result was to Adopt Reengrossed

(11) 03/16/2006 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass

(12) 03/17/2006 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass

03/17/2006 Signed by the Speaker of the House

03/20/2006 Signed by the President of the Senate

03/20/2006 Sent to the Governor

(13) 03/27/2006 Governor Action - Signed

Stages:

(1) House Introduction
(2) House Committee (Health and Human Services) Action - Amendmed and Passed
(3) House Floor Action - Amended
(4) House Passage - Passed
(5) Senate Introduction
(6) Senate Committee (Judiciary) Action - Amendmed and Passed
(7) Senate Floor Action - Amended
(8) Senate Passage with Amendment - Passed
(9) House Concurrence Vote - Failed
(10) Conference Committee Adopts Report
(11) Senate Conference Report Vote - Passed
(12) House Conference Report Vote - Passed
(13) Governor Action - Signed

Review this process again using another bill history, AB 2765 from California during the 2008 session:

BILL HISTORY

2008

Sept. 29 Chaptered by Secretary of State - Chapter 574, Statutes of 2008.

(13) Sept. 29 Approved by the Governor.

Sept. 18 Enrolled and to the Governor at 11 a.m.

(12) Aug. 28 Assembly Rule 77 suspended. (Page 6912.) Senate amendments

concurred in. To enrollment. (Ayes 59. Noes 14. Page 6916.)

Aug. 27 In Assembly. Concurrence in Senate amendments pending. May be

considered on or after August 29 pursuant to Assembly Rule 77.

(11) Aug. 22 Read third time, passed, and to Assembly. (Ayes 24. Noes 12. Page

5327.)

Aug. 21 Read second time. To third reading.

(10) Aug. 20 Read third time, amended. To second reading.

Aug. 12 Read second time. To third reading.

(9) Aug. 11 From committee: Do pass. (Ayes 9. Noes 6.) .

(9) Aug. 4 From committee chair, with author's amendments: Amend, and re-refer

to committee. Read second time, amended, and re-referred to Com. on

APPR. In committee: Placed on Appropriations suspense file.

(9) June 26 Read second time, amended, and re-referred to Com. on APPR.

(8) June 25 From committee: Amend, do pass as amended, and re-refer to Com. on

APPR. (Ayes 5. Noes 2.) .

(7) June 5 From committee: Do pass, and re-refer to Com. on E.Q. Re-referred.

(Ayes 3. Noes 1.) .

May 29 Referred to Coms. on AGRI. and E.Q.

(6) May 22 In Senate. Read first time. To Com. on RLS. for assignment.

(5) May 22 Read third time, passed, and to Senate. (Ayes 58. Noes 1. Page

5263.)

May 19 Read second time. To third reading.

(4) May 15 From committee: Do pass. (Ayes 12. Noes 5.) (May 14).

Apr. 23 Re-referred to Com. on APPR.

(3) Apr. 22 Read second time and amended.

(2) Apr. 21 From committee: Amend, do pass as amended, and re-refer to Com. on

APPR. (Ayes 6. Noes 0.) (April 16).

Mar. 24 Referred to Com. on AGRI.

Feb. 25 Read first time.

Feb. 24 From printer. May be heard in committee March 25.

(1) Feb. 22 Introduced. To print.

Stages:

(1) House Introduction
(2) House Committee (Agriculture) Action - Amended and Passed
(3) House Floor Action - Amended
(4) House Committee (Appropriations) Action - Amended and Passed
(5) House Passage - Passed
(6) Senate Introduction
(7) Senate Committee (Agriculture) Action - Passed
(8) Senate Committee (Environmental Quality) Action - Amended and Passed
(9) Senate Committee (Appropriations) Action - Amended and Passed
(10) Senate Floor Action - Amended
(11) Senate Passage with Amendment - Passed
(12) House Concurrence Vote - Passed
(13) Governor Action - Signed

PVSWiki : HowABillBecomesLaw

Legislative Process Guide

How a Bill Becomes Law