Understanding The Process: Georgia's Lawmaking

The process of how a bill becomes a law in Georgia involves several stages and requirements. It begins with an idea or need identified by a legislator, citizen, or advocacy organisation, which then gets sponsored by a legislator. An attorney from the Office of Legislative Counsel advises on legal issues and drafts the bill. The bill is then introduced and undergoes three readings, followed by committee consideration and floor debates. After amendments and voting, the bill is transmitted to the other house for approval. If changes are made, a conference committee may be formed to reconcile differences. The bill then goes to the Governor for signature or veto. If the Governor takes no action, the bill automatically becomes a law. This process ensures that laws in Georgia are carefully considered and shaped by legislators, citizens, and the Governor's input.

The role of the Georgia General Assembly

The Georgia General Assembly is the state's lawmaking branch of government, consisting of two chambers: the House of Representatives (the lower chamber) and the Senate (the upper chamber). The Assembly has been in operation since 1777, when Georgia became one of the original 13 states. The Assembly meets in Atlanta, where it has been based permanently since 1868.

The Assembly's legislative process begins with an idea for a new law or a change to an existing law. This idea can come from a legislator, legislative committee, citizen, group of citizens, or advocacy organisation, among others. A legislator then decides to sponsor a bill, seeking advice from the Office of Legislative Counsel, where an attorney provides legal advice and helps to draft the bill. The legislator must then file the bill with either the Clerk of the House or the Secretary of the Senate, who assigns it a number. The bill is introduced on the next legislative day after filing, with its title read during the first of three readings. The chamber's presiding officer then assigns the bill to a standing committee.

The standing committee considers and debates the bill, and typically solicits expert testimony and relevant information. The bill's author and other legislators may also testify. After this process, the committee makes one of four recommendations: Do Pass; Do Not Pass; Do Pass with changes (amendments or substitutes); or Hold Bill (no action taken). If the committee takes no action, the bill is considered to have "died".

If the committee approves the bill, it is reported to the full house. The Clerk of the House or the Secretary of the Senate then prepares a General Calendar of bills that have been approved by their respective committees. For the first 10 days of the session, the presiding officer calls up bills from this calendar for floor action. From the 10th day onwards, the Rules Committee meets and prepares a Rules Calendar for the next day's floor consideration. The presiding officer then calls up bills from the Rules Calendar, which are then read for the third time and are ready for floor debate, amendments, and voting.

If a bill is approved by a majority of the voting membership of one house, it is signed and transmitted to the other house for its consideration, and the process begins again. If the second house passes the bill, it is sent back to the originating house. The originating house may then accept or reject the changes. If the changes are accepted, the bill is approved and ready to be submitted to the Governor. If the changes are rejected, a conference committee may be formed, consisting of three members from each house, to reconcile the two versions of the bill. If both houses accept the conference committee's report, the bill is approved and may be sent to the Governor.

Drafting and introducing a bill

The legislative process begins with an idea conceived by a legislator, legislative committee, citizen, group of citizens, or advocacy organisation. A legislator then decides to sponsor a bill addressing the issue, either with a new law or a bill that will change an existing law.

To draft the bill, the legislator seeks advice from the Office of Legislative Counsel, where a non-partisan attorney gives the representative legal advice and helps to draft the bill using correct terminology and formatting. Once the bill is drafted, the legislator must file the bill with either the Clerk of the House or the Secretary of the Senate, who then assigns it a number. The bill is then given a title, beginning with H.B., H.R. (House Bill, Resolution), S.B., or S.R. (Senate Bill/Resolution).

After the bill is filed, it is introduced on the first legislative day after filing, which is the second Monday in January when the Georgia State Legislative Session starts. The bill is formally introduced to legislators through its "First Reading". The bill's title is read aloud in the chamber of the legislator who authored it. The bill is then assigned to a standing committee.

In the House of Representatives, the Clerk of the House reads the bill's title in the chamber on the next legislative day. This is the second reading of the bill for the House. In the Senate, the second reading occurs after the bill receives a favourable report from the committee.

The committee process

The committee can make one of four recommendations:

• Recommend Do Pass
• Recommend Do Not Pass
• Recommend Do Pass with changes (amendments or substitutes)
• Hold Bill (no action taken)

If the committee decides to hold the bill, it may refer it to a subcommittee for further consideration and possible amendments. After that, the bill returns to the full committee. If the committee takes no action on the bill, it effectively 'dies'. It is worth noting that most introduced bills do not make it past this committee stage.

If the full committee approves the bill, it is reported back to the chamber with a 'favorable' or 'unfavorable' report. A favorable report means the committee recommends the bill to pass, and it is sent back to the Clerk of the House or the Secretary of the Senate. The committee's final action is documented in a written report to the chamber.

The Clerk of the House or the Secretary of the Senate then prepares a General Calendar of bills, listing all the bills that have been favorably reported by their respective committees. For the first ten days of the session, the presiding officer selects bills from this calendar for floor action. From the tenth day onwards, the Rules Committee takes over and creates a Rules Calendar for the next legislative day, deciding which bills are most deserving of consideration.

The governor's role

The governor has a significant role in the process of a bill becoming a law in Georgia. Once a bill has been passed by both chambers of the General Assembly, it is sent to the governor for approval. The governor has three options: they can choose to approve the bill, veto it, or do nothing.

If the governor approves the bill, it becomes law. The governor has a time limit in which to do this: if the bill is sent during the legislative session, they have six days to approve it; if it is transmitted on the last day of the session, they have 40 days.

If the governor vetoes the bill, it will be returned to the chamber where it originated, and they will have the opportunity to override the veto during the next session. A two-thirds majority vote in each house is required to override the governor's veto.

The governor's third option is to do nothing. In this case, the bill will automatically become a law after 40 days. This is known as a 'pocket veto'.

How a bill becomes a law

The process for a bill to become a law in Georgia is similar to the passing of federal laws. The Georgia General Assembly has operated continuously since 1777 and consists of two houses: the House of Representatives (the lower chamber) and the Senate (the upper chamber).

Step 1: Drafting the Idea

The process begins with an idea conceived by a legislator, legislative committee, citizen, or group of citizens. If you have a problem regarding Georgia government, you can contact your state legislators, who can speak on your behalf to the rest of the Georgia legislators to solve your problem.

Step 2: Georgia General Assembly

Once you have found your legislator and contacted them with your idea, you can work together to find a solution. If the solution requires altering or creating a Georgia law, the legislator must take the idea to the Georgia General Assembly.

At this stage, the legislator will go to the Office of the Legislative Council, where an attorney will help them draft a bill using correct terminology and formatting. If the legislator is a Senator, they will file the bill with the Secretary of the Senate. If they are a Representative, they will file it with the Clerk of the House.

Step 3: Georgia State Legislative Session

On the first legislative day after the bill is filed, the bill is formally introduced to legislators through its "First Reading". The bill's title is read aloud in the chamber of the legislator who authored it. After the first reading, the presiding officer assigns the bill to a standing committee.

Step 4: Second Reading (Georgia House of Representatives only)

On the next legislative day, the bill will have its Second Reading. This is largely ceremonial, as the bill is still in committee. However, it is a formal part of the legislative process. For the Second Reading, the Clerk of the House reads the bill's title aloud again to the chambers.

Step 5: Committee

The committee is tasked with considering and studying the bill and typically solicits expert testimony, relevant information, and comments from all interested parties. During the committee meeting, the bill's author and other legislators may also testify. After considering a bill, the committee may recommend the bill to "Do Pass", "Do Not Pass", or "Do Pass with Changes" (amendments or substitutes). If the committee takes no action on the bill, it "dies".

Step 6: Second Reading (Senate)

The bill is read for the second time on the legislative day following the Committee report.

Step 7: Third Reading and Passage

If a bill is reported favorably by the committee, it is returned to the Clerk or Secretary, who prepares a General Calendar of bills that have been favorably reported. For the first ten days of the session, the chamber's presiding officer will call up bills from this calendar for floor action.

Step 8: Transmission

If the bill is approved by a majority of the voting membership of that house, it is signed by the Clerk or the Secretary and transmitted to the other house for its consideration, and the process begins anew.

Step 9: Conference Committee

If the second house passes the bill but the originating house rejects the changes, a conference committee may be formed. A conference committee consists of three members from each house, appointed by the Speaker of the House and the President of the Senate. Both versions of the bill go before the conference committee to be reconciled.

Step 10: Governor's Signature/Veto

If requested, a bill may be sent to the Governor immediately after passage, or otherwise following adjournment sine die, the final day of the legislative session. The Governor may approve or veto a bill within six days after receipt while the General Assembly is in session. After adjournment sine die, the Governor has 40 days to approve or veto a bill.

Step 11: The Bill Becomes a Law

The bill, once approved by the Governor or saved from a veto by a two-thirds vote, becomes law! Generally, bills are drafted to amend the OCGA (Official Code of Georgia Annotated), a complete collection of extant law in the state.

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