The Lawmaking Process: Nyu's Guide To Bills Becoming Laws

The process of how a bill becomes a law is a crucial aspect of the legislative system in New York. It involves a series of steps that transform a policy idea into a binding statute. This journey begins with the proposal of a new policy idea, which can come from senators, their constituents, organizations, or state officials. The idea is then drafted into a bill, a formal set of instructions for amending existing laws. This task requires specialized legal training and is typically undertaken by the staff of the Legislative Bill Drafting Commission. The bill is subsequently introduced to a committee, where it undergoes scrutiny, discussion, and potential amendments. After navigating the committee process, the bill is presented to the full Senate and Assembly for explanation, debate, and a final decision. If approved by both houses, the bill proceeds to the Governor for signature or veto. The Governor's role is significant, as they can approve and enact the bill, or exercise their veto power. However, it's important to note that even a vetoed bill can become law if two-thirds of the members in each house vote to override the Governor's decision. This intricate process ensures that the laws governing New Yorkers are carefully considered and reflect the input of citizens and their elected representatives.

Anyone can propose a bill

Once you have an idea for a bill, you should contact your local lawmaker. You can call, email, or write to your local state legislator, who will be happy to let you know if your idea can be turned into a law. Your proposed law then starts its journey as a "bill", which is introduced in the Legislature. Your bill can have many sponsors or just one. Regardless of the number of sponsors, all bills must pass both houses of the Legislature – the Assembly and the Senate.

Before it is passed by the Legislature, various committees (smaller groups of legislators) will examine and analyse your bill. Once it is approved by the committees, it is put on a calendar so that it can be voted on by the full membership of the Assembly or the Senate. In most cases, a simple majority of votes in favour of the bill are needed for it to pass. However, sometimes a higher proportion of "yes" votes are required. Your bill must pass both the Assembly and the Senate before the Governor can consider it.

Bills are drafted by legal professionals

The legislative process begins with a new policy idea. Senators often come up with these ideas, but they can also come from constituents, organisations, or state officials. Once an idea for a new law has been agreed upon, it must be drafted as a bill before it can be considered by the Senate. This process requires specialised legal training and is usually carried out by the staff of New York State's Legislative Bill Drafting Commission. The drafting process involves translating the idea into a set of instructions for changing the language of the laws of New York.

The Legislative Bill Drafting Commission works closely with the Revision Clerk in each house to proofread the bill, assign it a bill number, and set an official date for its introduction. The text of the bill is typically made available within 24 hours of its introduction on the New York State Legislature website. Before a bill is introduced, it is deposited with the Revision Clerk, who also works with the Legislative Bill Drafting Commission.

In some cases, an interest group may have its own attorneys draft a bill, and lawyers working in state agencies and the executive branch often submit their ideas for legislation in bill form. Additionally, government agencies and advisory committees, such as the Law Revision Commission, the Advisory Committee on Civil Practice, and the Advisory Committee on Criminal Law and Procedure, play a role in assisting legislators with bill drafting.

After a bill is drafted and introduced, it is referred to the appropriate standing committee of the house where it is introduced for study. The committee will usually hold public hearings on bills to gather a wide range of opinions and make any necessary amendments before reporting the bill to the full house for a vote.

Bills are introduced to a committee

Once a bill has been drafted, it is introduced to a committee. This is the first step in the committee process. Bills are generally only introduced by legislators or by standing committees of the Senate and Assembly. The only exception is the Executive Budget, which is submitted directly by the Governor.

On introduction in the Senate, a bill goes to the Introduction and Revision Office, where it is given a number and sent to the appropriate standing committee. The committee will usually hold public hearings on bills to gather a wide range of opinions. Citizens can share their opinions on a proposed bill with their Senate representative, who will then relay this to the committee members.

The committee members will then evaluate the bill and decide whether to "report" it to the Senate floor for a final decision by the full membership. A committee agenda is issued each week, listing the bills and issues each Senate committee will handle the following week.

Committees may also send a bill to a subcommittee if they require more information before deciding whether to send it to the Senate floor. While in subcommittee, the bill is closely examined, and expert opinions are gathered before it is sent back to the committee for approval.

After consideration, the committee may report the bill to the full Senate for consideration, it may amend the bill, or it may reject it.

Bills are voted on by the Senate and Assembly

Once a bill has been drafted, it is ready to be introduced and voted on by the Senate and Assembly. In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk’s desk. Only Representatives can introduce bills in the U.S. House of Representatives. A bill clerk then assigns it a number that begins with H.R. before it is read by a reading clerk to all the Representatives and sent to one of the House standing committees.

The bill is then discussed in a Senate committee and reported to the Senate floor to be voted on. Senators vote by voice, with supporters saying “yea” and opponents saying “nay”. If a majority of Senators approve, the bill is sent to the Assembly. It is then referred to a committee for discussion, and if approved, it goes to the full membership for a vote.

In most cases, a simple majority of members of the Assembly voting "yes" is required for the bill to pass. However, there are times when more than half of the members need to vote "yes" for passage. If the bill is approved by the Assembly without amendment, it goes to the Governor. However, if it is changed, it is returned to the Senate for concurrence in the amendments. The same text must pass both houses.

The Governor signs the bill into law

Once a bill has been approved by the Senate and Assembly, it is sent to the Governor for their signature. The Governor has the power to enact, amend or repeal statutes that make up the body of laws by which we are governed.

The Governor has 10 days (not counting Sundays) to sign or veto bills passed by both houses. If the Governor signs the bill, it becomes law. If the Governor vetoes the bill, it does not become law. However, if the Governor does not sign or veto the bill within the 10-day period, it becomes law automatically.

If the Governor vetoes a bill, it is returned to the house that first passed it, along with a statement outlining the reasons for their disapproval. However, a vetoed bill can still become law if two-thirds of the members of each house vote to override the Governor's veto.

If a bill is sent to the Governor when the Legislature is out of session, the rules are slightly different. In this case, the Governor has 30 days to make a decision, and failure to act ("pocket veto") has the same effect as a veto.

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