Virginia's Lawmaking Process: A Comprehensive Guide

In Virginia, the process of turning an idea into a law is one of the most important responsibilities of a Senator or Delegate. The Virginia Constitution, the Rules of the Senate, and the Rules of the Virginia House of Delegates outline the steps a bill must go through to become a law. The process begins with a Senator or Delegate proposing an idea for a bill, which is then drafted by the Division of Legislative Services. The bill is introduced and printed, with a number assigned by the Clerk. It is then referred to a committee, studied, discussed, and voted on. The bill is then reported back to the originating body, with or without amendments, before undergoing three readings on three separate days. If passed, the bill is sent to the other house for consideration, where it goes through a similar procedure. If differences arise between the two versions, a Committee of Conference is formed to resolve them. After passing both houses, the bill is sent to the Governor, who can sign it into law, amend or veto it, or take no action. If vetoed, the bill is returned to the originating house, which can override the veto with a two-thirds majority vote.

Bills can originate in the Senate or House of Delegates

Bills can be introduced by any member of the Virginia General Assembly, which consists of the House of Delegates and the Senate of Virginia. The House of Delegates has 90 to 100 members, while the Senate has 33 to 40 members, all of whom are elected by qualified voters within their respective districts. The members of the General Assembly have chief responsibilities including representing citizens in formulating public policy, enacting laws, approving the budget, levying taxes, electing judges, and confirming appointments by the Governor.

The process of introducing a bill begins when a Senator or Delegate, often at the request of constituents, prepares to introduce legislation. For example, a bill could propose permitting the governing bodies of localities to prohibit the sale and use of certain fireworks. The member then explains their proposal to a staff attorney in the Division of Legislative Services, who checks existing laws and the constitutionality of the proposed legislation.

Once the proposal has been reviewed and approved, the Division of Legislative Services drafts the bill. Draft copies are made and delivered to the Senator or Delegate, who signs their name to the bill and introduces it by laying the original and duplicate copies on the desk of the Clerk of the Senate or the House of Delegates.

The bill is then ordered to be printed and referred by the Senate Clerk or the House Speaker to the appropriate Standing Committee. The Senate has 11 Standing Committees, while the House of Delegates has 14. In committee, members study, discuss, and vote on the bill. The committee can then report ("approve") the bill, with or without amendments, to the originating body (either the Senate or the House of Delegates).

This process of introducing legislation in either the Senate or the House of Delegates is a critical step in the law-making process in Virginia, allowing for the consideration and input of a diverse range of ideas and perspectives from across the state.

A Senator or Delegate proposes legislation

The Division of Legislative Services then drafts the bill. Draft copies are made and delivered to the Senator or Delegate. The member signs the bill and introduces it by laying the original and duplicate copies on the desk of the Clerk of the Senate or the House of Delegates. The bill is then ordered to be printed and referred by the Senate Clerk or the House Speaker to the appropriate Standing Committee. The Senate has 11 Standing Committees, while the House of Delegates has 14.

In the House of Delegates, the Clerk assigns a number for each bill and sends the legislation to the Speaker of the House. The Speaker refers the bill to a committee. In the Senate, the bill is assigned a number by the Clerk, who refers it to a committee. Once the bill is referred to the appropriate committee, the committee members consider the bill and decide what action to take. Any citizen of the Commonwealth has the right to attend a committee meeting and speak about the legislation. After the committee hears the patron and any other witnesses, the committee votes on the bill.

A staff attorney checks the proposal's legality

Once a Senator or Delegate has prepared to introduce a piece of legislation, they must explain their proposal to a staff attorney in the Division of Legislative Services. The staff attorney will then check the proposal's legality by reviewing existing law and assessing the constitutionality of the proposed legislation. This is a crucial step in the legislative process, as it ensures that any new legislation aligns with the Virginia Constitution and existing laws.

The staff attorney will scrutinize the proposal to ensure it does not conflict with or duplicate existing laws. They will also assess whether the proposal falls within the scope of the Virginia Constitution and does not infringe on any constitutional rights or principles. This process helps maintain the integrity of the law and prevents the introduction of legislation that may be legally problematic.

During this stage, the staff attorney may consult various sources, including statutes, case law, and legal opinions, to thoroughly evaluate the proposal's legality. They may also seek input from legal experts or other government agencies to ensure a comprehensive review. By conducting this thorough legal analysis, the staff attorney plays a vital role in shaping the legislation and ensuring it adheres to the appropriate legal framework.

If the staff attorney identifies any legal issues or concerns with the proposal, they will work with the Senator or Delegate to address them. This may involve modifying the proposal to ensure its legality or providing alternative options that align with existing laws and the Virginia Constitution. The staff attorney's feedback is essential in refining the proposal and ensuring it can move forward in the legislative process.

By conducting a thorough legal review, the staff attorney plays a critical role in safeguarding the legislative process and maintaining the integrity of the law. Their expertise helps identify and address potential legal challenges early on, preventing unnecessary delays or complications in the future. This step is crucial in ensuring that only legally sound and constitutionally valid proposals advance through the legislative process in Virginia.

The bill is drafted and introduced

The process of introducing a bill begins with a Senator or Delegate preparing to introduce legislation, often in response to a request from constituents. For example, a bill may address the use of certain fireworks in localities. The Senator or Delegate then explains their proposal to a staff attorney in the Division of Legislative Services. The staff attorney checks existing laws and assesses the constitutionality of the proposed legislation.

The Division of Legislative Services then drafts the bill. Draft copies are made and delivered to the Senator or Delegate. The member signs the bill and introduces it by laying the original and duplicate copies on the desk of the Clerk of the Senate or the House of Delegates. The bill is then ordered to be printed and referred to the appropriate Standing Committee by the Senate Clerk or the House Speaker. The bill is assigned a number by the Clerk, who refers it to a committee.

The members of the Committee study, discuss, and vote on the bill in a public session. The Committee then reports ("approves") the bill, with or without amendments, to the originating body (the Senate or the House of Delegates).

The bill is studied, discussed, and voted on by committee members

The bill is then sent to the relevant committee, which will study, discuss, and vote on it. The committee members will consider the bill and decide what action to take. Any citizen of the Commonwealth of Virginia has the right to attend a committee meeting and speak about the legislation. After hearing from the patron and any other witnesses, the committee will vote on the bill.

The committee has several options when the chairman calls for a vote. The majority of the committee may approve of the bill, and it is then reported to the floor or referred to another committee. The committee may also choose to defeat the bill, which means the committee rejects a motion to report it, and there is no further action. Another option is to continue or carry over the bill, which means it can be reconsidered prior to the deadline established by the procedural resolution.

If the committee is not ready to act on the bill, it can be passed by for the day. If the bill is not taken up before the deadline, it is considered left in the committee or no action taken. The bill may also be incorporated into other legislation, where it is included in another bill through an amendment or substitute.

The committee may also choose to make no recommendation at all, in which case the bill may "die in committee". This means that the committee did not have enough time to take up the issue, or the members decided the bill should not be recommended to the full membership for action.

Frequently asked questions