The Journey Of A Bill To Law In Virginia

The Virginia General Assembly, Virginia's legislative body, is responsible for representing citizens in the formulation of public policy, enacting laws of the Commonwealth, and levying taxes, among other duties. The General Assembly consists of the Senate and the House of Delegates, with 140 legislators in total. The process of introducing and passing legislation is a critical responsibility of the Assembly. Bills may originate in either the Senate or the House of Delegates, and they undergo several readings, amendments, and votes before being sent to the Governor for approval and enactment into law.

Legislative sessions

During legislative sessions, bills are introduced and considered by the General Assembly, which consists of the Senate and the House of Delegates. The Senate has 33 to 40 members, while the House of Delegates has 90 to 100 members, making a total of 140 legislators. Senators serve four-year terms, while Delegates serve two-year terms. Any citizen of Virginia has the right to attend committee meetings and speak about the legislation being discussed.

The process of introducing a bill begins with a Senator or Delegate, who prepares to introduce legislation at the request of constituents. They then explain their proposal to a staff attorney in the Division of Legislative Services, who checks existing laws and the constitutionality of the proposed legislation. The bill is drafted by the Division of Legislative Services and presented to the Senator or Delegate for introduction. The member signs the bill and introduces it by providing the original and duplicate copies to the Clerk.

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

For a bill to become a law, it must go through three readings on three separate calendar days. During the first reading, the bill title is printed in the Calendar, which is the daily agenda of business, or it is read by the Clerk. On the second day, the bill title appears again in the respective Calendar, and the bills are considered in the order presented. The Clerk reads the title, and any amendments are discussed and agreed upon or rejected. The bill is then engrossed, meaning it is passed to its third reading. If amendments are adopted, they are included in the bill, and it is reprinted in its engrossed form.

On the third day, the engrossed bill title appears in the Calendar for the third reading. The bill is read by its title by the Clerk, and a recorded vote is taken to pass the bill. If the bill passes, it is sent to the other house for consideration, where it goes through a similar procedure. If there are differences between the Senate and House versions, a Committee of Conference is formed to resolve them.

Introduction of bills

The process of introducing a bill to be considered by the Virginia General Assembly is one of the most important responsibilities of a Senator or Delegate. A bill may originate in either the Senate or the House of Delegates. A Senator or Delegate, often at the request of constituents, prepares to introduce legislation. For example, they may propose a bill 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. The bill is then drafted by the Division of Legislative Services. 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 of the House of Delegates). The bill is then ordered to be printed.

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. The Senate has 11 Standing Committees, and the House of Delegates has 14. The members of the Committee, in a public session, study, discuss, and vote on the bill. The Committee then reports ("approves") the bill, with or without amendments, to the originating body (Senate or House of Delegates).

Committee meetings

Once a bill has been introduced and referred to a committee, the committee members will meet to consider the bill and decide what action to take. These committee meetings are open to the public, and any citizen of the Commonwealth has the right to attend and speak about the legislation. The committee will hear from the bill's patron and any other witnesses before voting on the bill.

The committee can take several actions after hearing the testimony and reviewing the bill. They may choose to report the bill, which means the majority of the committee approves, and it is reported to the floor or referred to another committee. The committee can also choose to pass by indefinitely, which allows them to reconsider the legislation before a specified deadline. If the committee does not support the bill, they can defeat it, resulting in no further action. In some cases, the committee may decide to continue or carry over the bill to the next session for further action or study. Alternatively, they may pass by for the day if they are not yet ready to act on the bill. If no motion is made, the bill may be left in the committee with no further action taken. Another option is to incorporate the bill into other legislation by including it as an amendment or substitute.

During the committee meetings, members will study, discuss, and vote on the bill. They may also propose amendments or changes to the original proposal. These amendments can be considered and voted on during the second reading of the bill. The committee's role is crucial in shaping the final version of the bill before it is reported to the floor and undergoes further debate and voting.

The committee meetings provide an opportunity for public input and allow the committee members to carefully deliberate and make informed decisions about the proposed legislation. This process ensures that various perspectives are considered and helps to refine the bill before it advances to the next stage of becoming a law in the Virginia General Assembly.

Bicameral procedures

The Virginia General Assembly is a bicameral legislature, consisting of the House of Delegates and the Senate of Virginia. Each body of the General Assembly must pass legislation in exactly the same form before it can be sent to the Governor to become law.

The bicameral procedures are as follows:

First, a bill that has been passed by the House of Delegates is received by the Senate, where it receives its first reading and is referred to the appropriate Senate committee. Similarly, a bill that has been passed by the Senate is received by the House of Delegates, where it receives its first reading and is referred to the appropriate House committee. The legislation of the other body is not amendable on second reading. After the second reading, the legislation, along with any committee amendments, is listed in the Calendar for the next day.

Second, debate on any amendments to the legislation of the other body takes place on the third reading. If the other body passes the bill without any amendments, it is enrolled (passed by both houses in the same form) and communicated to the Governor. If there are amendments to the bill, it must be communicated to the other body so that they can consider the changes. If the other body agrees to the changes, the bill, with the amendments, is enrolled and sent to the Governor. If they do not agree, a Committee of Conference may be formed to resolve the differences between the House and the Senate. If a compromise is reached, the "compromise" bill is enrolled and sent to the Governor. If not, the bill fails to pass.

Third, once a bill is presented to the Governor, they may sign, veto, or offer amendments to it. The Governor may also veto one or more items if the bill is an appropriation bill. If the Governor does not act on a bill, it becomes law without their signature within seven days. If there are fewer than seven days remaining in the General Assembly session, or if the General Assembly has adjourned, the Governor has thirty days after adjournment to act. If the Governor recommends amendments or vetoes a bill, and the General Assembly is still in session, they can override the Governor's veto with a two-thirds majority vote from both houses.

Governor's 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 four options: they can sign the bill into law; amend the bill and return it to the General Assembly for approval; veto the bill and return it to the General Assembly, where the House of Delegates and the Senate may override the veto by a two-thirds vote of both houses; or take no action, in which case the bill becomes law without the Governor's signature after seven days. If there are fewer than seven days remaining in the General Assembly session, or if the General Assembly has adjourned, the Governor has thirty days after adjournment to act on bills.

The Governor's decision is informed by the Executive Branch agencies, which analyse the legislation submitted during the General Assembly session and provide a summary of that analysis in the form of a Legislative Action Summary (LAS). The Governor's Policy Office coordinates the Governor's review of LASs and notifies the Secretary of Public Safety and Homeland Security of the Governor's position on a bill. The Secretary of Public Safety subsequently notifies the Department of Juvenile Justice of the Governor's determination. The Department of Juvenile Justice (DJJ) monitors all legislation as it is introduced during each General Assembly session to determine which bills impact the agency or the juvenile justice system.

The Governor can also call for the General Assembly to convene for a special session.

Frequently asked questions