Understanding Virginia's Lawmaking Process

The process of introducing legislation to be considered by the General Assembly and ultimately enacted into law is one of the most important responsibilities of a Senator or Delegate in Virginia. The Virginia General Assembly, Virginia's legislative body, claims to be the oldest continuous law-making body in the New World. The process by which a bill becomes a law in Virginia is outlined in the Constitution of Virginia, the Rules of the Senate, and the Rules of the Virginia House of Delegates.

A bill is drafted by the Division of Legislative Services

The process of turning an idea into a bill that can be considered by the General Assembly and ultimately enacted into law is a critical responsibility of a Senator or Delegate. The Division of Legislative Services plays a crucial role in this process by drafting the bill. Here's an overview of how this step works:

A Senator or Delegate presents their idea for a bill to the Division of Legislative Services. This idea may come from the legislator themselves or their constituents. The Division of Legislative Services acts as a crucial check and balance by reviewing existing laws and assessing the constitutionality of the proposed legislation. This ensures that any new bill aligns with the Virginia Constitution and existing laws.

Once the idea has been thoroughly vetted, the Division of Legislative Services proceeds to draft the bill. This involves translating the Senator or Delegate's proposal into formal legislative language. The drafting process requires a precise understanding of legal terminology and the ability to express the proposal clearly and concisely. The staff attorneys within the Division of Legislative Services possess the legal expertise necessary for this task.

After the bill is drafted, draft copies are made and delivered to the Senator or Delegate who proposed the idea. At this stage, the legislator reviews the bill to ensure it accurately reflects their intentions. If the legislator is satisfied, they sign the bill, marking the official start of its legislative journey.

The Senator or Delegate then introduces the bill by placing the original and duplicate copies on the desk of the Clerk of the Senate or the House of Delegates, depending on where the bill originates. From here, the bill enters the legislative process, where it will be studied, discussed, and voted on by committees and the full legislative body.

The drafting stage is a critical step in the legislative process. It sets the tone for the entire journey of the bill. A well-drafted bill, clear in its intent and language, has a higher chance of gaining support and navigating the upcoming legislative hurdles. The Division of Legislative Services plays an essential role in ensuring that the bill is legally sound and effectively drafted before it advances further.

The bill is introduced by a Senator or Delegate

The process of introducing a bill begins with a Senator or Delegate, who prepares to introduce legislation as requested by constituents. For example, a bill could propose permitting the governing bodies of localities to prohibit the sale and use of certain fireworks.

The Senator or Delegate then explains their proposal to a staff attorney in the Division of Legislative Services. The staff attorney checks existing law and the constitutionality of the proposed legislation. If the proposal is deemed to be constitutional, the Division of Legislative Services drafts the bill.

The Senator or Delegate receives draft copies of the bill, which they sign. The bill is then introduced by laying the original and duplicate copies on the desk of the Clerk of the Senate or the House of Delegates. The bill is 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.

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 House of Delegates).

The bill is assigned to a committee

Once a bill is introduced, it is assigned to a committee. The Senate Clerk or the House Speaker refers the bill to the appropriate Standing Committee. The Senate has 11 Standing Committees, while the House of Delegates has 14. Standing Committees are small groups of senators or delegates assigned to study bills involving a particular subject. This process allows a larger number of bills to be studied in greater detail than would be possible by the entire House or Senate.

After the bill is assigned a number by the Clerk, it is then referred 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 Virginia 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 has several options when the chairman calls for a vote.

The committee may choose to report the bill, meaning the majority of the committee approves of the bill, and it is reported to the floor or referred to another committee. The committee may also pass the bill indefinitely, allowing for reconsideration prior to the deadline established by the procedural resolution that sets the schedule for bill consideration. Another option is to defeat the bill, where the committee rejects a motion to report it, and there is no further action. The committee can also choose to continue or carry over the bill, which means it can be continued or carried over to the following year for further action or study. If the committee is not ready to act on the bill, it can pass it by for the day. If no motion is made on the bill, it is left in the committee and dies at the time of the committee action deadline. Lastly, the committee may choose to incorporate the bill into other legislation, where it is included in another bill through an amendment or substitute.

After the committee has completed its work, it files a written committee report recommending one of the following options: the bill passes in its original form, or with amendments offered by the committee, or as a committee substitute bill; the bill is rejected; or there is no recommendation at all. Some bills may die in the committee if there is not enough time to take up the issue or if the committee members decide against recommending it for further action.

The bill is voted on by the committee

Once a bill has been introduced, it is sent to a committee. Committees are small groups of senators or delegates assigned to study bills involving a particular subject. This process allows a larger number of bills to receive a more detailed study than can be done by the entire House or Senate. The committee members will 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 will vote on the bill.

When a committee has completed work on a bill, it files a written committee report that recommends one of the following:

• The bill "do pass" in its original form, or with amendments offered by the committee, or as a committee substitute bill.
• The bill be rejected.
• No recommendation at all.

Some bills "die in committee", meaning the committee did not have enough time to take up the issue or the committee members decided the bill should not be recommended to the full membership for action. If the committee approves the bill, it will be reported to the floor or referred to another committee. If the committee rejects the bill, there is no further action, and the bill is defeated.

The committee's recommendation for the legislation is then read on the floor of the House or Senate. The Rules Committee of each chamber then determines what bills will be considered and places them on the House or Senate calendar, a daily list of bills to be acted on in each chamber. The calendar of bills to be acted on is divided into bills on third reading, bills on second reading, and bills on first reading. The first reading of the bill is the information stage, alerting members that the bill will be considered. On the second reading, members vote on the committee's amendments and the amendments proposed by individual legislators. The vote on the passage of the bill takes place on the third reading.

The bill is sent to the Governor for approval

Once a bill has been passed by both houses of the General Assembly, it is sent to the Governor for approval. The Governor has several options at this stage. They may:

• Sign the bill into law: The bill becomes law.
• Amend the bill and return it to the General Assembly for approval: The Governor may recommend specific amendments to the bill. If both houses agree to the Governor's recommendation, the amended bill becomes law.
• Veto the bill: The Governor can object to the bill and return it to the house in which it originated, along with their objections. The house will reconsider the bill and can choose to override the veto with a two-thirds vote, including a majority of members elected to that house. If the veto is overridden, the bill is sent to the other house for reconsideration. If both houses override the veto, the bill becomes law without the Governor's signature. If either house fails to override the veto, the bill does not become law.
• Take no action: If the Governor takes no action on the bill within the specified time frame (seven days during a regular or special session, or 30 days if there are fewer than seven days remaining in the session), the bill will automatically become law without the Governor's signature.

The Governor also has the power to veto any specific item or items within an appropriation bill, while still allowing other items in the bill to take effect.

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