Keith Mack
The process of a bill becoming a law in DC is a lengthy one. It begins with an idea for governance formulated by Council members for the betterment of the lives of residents and the productivity of businesses and organisations in the District of Columbia. This idea is then written down in a specific drafting style to ensure clarity of intent and consistency of presentation. Once the idea is fully formed, a Council member introduces the document by filing it with the Secretary to the Council, at which point it becomes a Bill and is the property of the Council. The Bill is then assigned to a committee, which may choose to review it or not. If the committee chooses to review the Bill, it will conduct a hearing and may make changes to it. If the committee decides that it wants the Bill to become law, it will vote the Bill out of the committee and prepare it for consideration by all thirteen members of the Council. The Bill is then considered by the Committee of the Whole, which comprises all 13 members of the Council, and is placed on the agenda for the next legislative meeting. If the Bill is approved by a majority vote, it is placed on the agenda for the next legislative meeting, which takes place at least 14 days later. The Council then considers the Bill for a second time, and if it is approved, it is sent to the Mayor for their consideration. The Mayor may then sign the legislation, allow it to become effective without their signature, or disapprove it by exercising their veto power. If the Mayor vetoes the legislation, the Council must reconsider it and approve it by a two-thirds vote for it to become effective. Once the Mayor has approved the legislation or the Council has overridden the Mayor's veto, the legislation is assigned an Act number. However, the process is still not complete, as the approved Act must be sent to the United States House of Representatives and the United States Senate for a period of 30 days (or 60 days for criminal legislation) before becoming effective as law. During this congressional review period, Congress may enact a joint resolution disapproving the Council's Act, which the President of the United States could approve, thus preventing the Bill from becoming law.
| Characteristics | Values |
|---|---|
| Idea | An idea for a bill is formulated by a Council member |
| Written document | The idea is recorded on paper in a drafting style to ensure clarity of intent and consistency of presentation |
| Bill introduced | A Council member introduces the document by filing it with the Secretary to the Council. The District’s Charter also allows the Mayor or independent agencies to introduce bills |
| Committee assignment | The bill is assigned to a committee of the Council with expertise over the subject matter that the Bill addresses. A committee is not obligated to review or consider the Bill |
| Committee hearing | If the committee chooses to review the Bill, it will conduct a hearing concerning the subject matter of the Bill where the committee will receive testimony from residents and government officials in support of and against the Bill |
| Committee vote | If the committee decides that it wants the Bill to become law, it will vote the Bill out of committee and prepare it for consideration by all thirteen members of the Council |
| Committee of the Whole | The Bill is considered by a special committee of the Council that comprises all 13 members of the Council. The Council prepares all the bills that are to be considered for vote at the next legislative meeting |
| Council legislative meeting | A Bill “agendized” for a Council legislative meeting will be considered at that meeting. The Bill will be discussed by the Council members and amended if the Council members decide that discussion and amendments are warranted |
| Second Council legislative meeting | If the Bill is approved by a majority vote at the first meeting, it is placed on the agenda for a second Council legislative meeting that takes place at least 14 days after the present meeting |
| Mayor consideration | If the Bill is approved at the second reading, it is sent to the Mayor for consideration. The Mayor may sign the legislation, allow the legislation to become effective without their signature, or disapprove the legislation by exercising veto power |
| Congressional review | The approved Act of the Council must be sent to the United States House of Representatives and the United States Senate for a period of 30 days (or 60 days for certain criminal legislation) before becoming effective as law |
| Enactment | If, upon the expiration of the congressional review period, no joint resolution disapproving the Council’s Act has been approved by the President, the Bill becomes a Law and is assigned a law number |
What You'll Learn
A bill is born
A bill begins life as an idea for governance formulated by Council members (elected officials of the District's legislative branch of government). These ideas are then recorded on paper in a drafting style developed to ensure clarity of intent and consistency of presentation. Once these ideas are developed and memorialized in writing, a Council member introduces the document by filing it with the Secretary to the Council. At this point, the document becomes a Bill (or proposed law) and is the property of the Council. The District's Charter also allows the Mayor and Charter independent agencies to introduce bills before the Council via the Chairman of the Council.
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The bill is assigned to a committee
Once a bill is introduced before the Council, it is assigned to a committee with expertise in the subject matter that the bill addresses. This committee is not obligated to review or consider the bill. If the committee chooses not to review the bill during the 2-year period that the Council is convened, the bill will die and must be introduced again when a new Council is convened.
If the committee chooses to review the bill, it will typically conduct a hearing concerning the subject matter of the bill. During this hearing, the committee will receive testimony from residents and government officials in support of and against the bill. The committee may make any changes it chooses to the bill. If the committee decides that it wants the bill to become law, it will vote the bill out of the committee and prepare it for consideration by all thirteen members of the Council.
The committee may also assign the bill to a subcommittee, chaired by the committee chairman. The subcommittee will then report its findings to the full committee. Finally, there is a vote by the full committee, and the bill is "ordered to be reported."
The committee will then hold a "mark-up" session to make revisions and additions to the bill. If substantial amendments are made, the committee can order the introduction of a "clean bill," which will include the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded.
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The Committee of the Whole
Once a bill has been reviewed by a committee, it is sent to the Committee of the Whole (COW). The COW is a special committee of the Council that comprises all 13 members. At a meeting of the COW, the Council prepares all the bills that are to be considered for vote at the next legislative meeting of the Council. The Bill is placed on the agenda of the upcoming legislative meeting along with all other matters that will come before the Council.
A Bill “agendized” for a Council legislative meeting will be considered at that meeting. The Bill will be discussed by the Council members and amended if the Council members decide that discussion and amendments are warranted. If the Bill is approved by the Council at this meeting by majority vote, it is placed on the agenda for the next Council legislative meeting that takes place at least 14 days after the present meeting. The Council then considers the Bill for a second time at the next meeting. If the Council approves the Bill at second reading, the Bill is then sent to the Mayor for their consideration.
The Mayor may take one of three actions when considering the Bill:
- Sign the legislation
- Allow the legislation to become effective without their signature
- Disapprove the legislation by exercising their veto power
If the Mayor vetoes the legislation, the Council must reconsider the legislation and approve it by a two-thirds vote of the Council for it to become effective. Once the Mayor has approved the legislation or the Council has overridden the Mayor’s veto, the legislation is assigned an Act number.
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Becoming law
Once a bill has been discussed and approved by the Council at the first Council legislative meeting, it is placed on the agenda for the next Council legislative meeting, which must take place at least 14 days later. At this second reading, the Council will consider the bill again. If the bill is approved at this stage, it is sent to the Mayor for their consideration.
The Mayor has three options: they can sign the legislation, allow the legislation to become effective without their signature, or disapprove the legislation by exercising their veto power. If the Mayor chooses to veto the bill, it will be sent back to the Council, which must then approve the bill by a two-thirds vote to make it effective. Once the Mayor has approved the legislation or the Council has overridden the Mayor’s veto, the legislation is assigned an Act number.
However, the process is not yet complete. In the District of Columbia, an approved Act of the Council must be sent to the United States House of Representatives and the United States Senate for a period of 30 days before becoming effective as law (or 60 days for certain criminal legislation). During this period of congressional review, Congress may enact a joint resolution disapproving the Council’s Act. If the President of the United States approves this joint resolution during the review period, the Council’s Act is prevented from becoming law. If, however, no joint resolution disapproving the Council’s Act has been approved by the President upon the expiration of the congressional review period, the Bill finally becomes a Law and is assigned a law number.
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The final steps to enactment
Although at this point the bill has effectively become an Act, it is not yet law. Unique to the District of Columbia, an approved Act of the Council must be sent to the United States House of Representatives and the United States Senate for a period of 30 days before becoming effective as law (or 60 days for certain criminal legislation). This is known as the congressional review period. During this time, Congress may enact into law a joint resolution disapproving the Council’s Act. If the President of the United States approves the joint resolution during the review period, the Council’s Act is prevented from becoming law. However, if no joint resolution disapproving the Council’s Act has been approved by the President upon the expiration of the congressional review period, the Bill finally becomes a Law and is assigned a law number.
Special legislation
The process described above is time-consuming, so Congress has provided a mechanism for the Council to enact legislation quickly, on a short-term basis. The District’s Charter allows the Council to enact special “emergency” legislation without the need for a second reading and without congressional review. Mayoral review is still required. Emergency legislation is not assigned to a committee and does not go through the COW process. It can be enacted without being assigned to a committee and without going through the COW process. However, it can only be in effect for up to 90 days.
Temporary legislation
Although emergency legislation allows the Council to immediately address a civic issue, it presents a situation where the law will expire after 90 days. This is not enough time for the Council to enact regular, “permanent” legislation before the emergency law expires. Therefore, the Council allows for the introduction of “temporary” legislation, which bypasses the committee assignment and COW processes in the same way as emergency legislation. However, unlike emergency legislation, temporary legislation must undergo a second reading, mayoral review, and the congressional review period. It remains in effect for no longer than 225 days, which is enough time for the Council to enact permanent legislation.
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Frequently asked questions
The process begins with an idea for governance formulated by Council members. This idea is then written down and introduced by a Council member, becoming a Bill. The Bill is then assigned to a committee, which may choose to review it. If the committee decides to review the Bill, a hearing is conducted, and the committee may make changes. The Bill is then voted out of committee and prepared for consideration by all 13 members of the Council. Once the Bill is reported out of committee, it is considered by the Committee of the Whole, which comprises all 13 members of the Council. The Bill is then placed on the agenda for the next Council legislative meeting, where it is discussed and amended if necessary. If the Bill is approved by a majority vote, it is placed on the agenda for a second Council meeting, which takes place at least 14 days later. If the Council approves the Bill at the second reading, it is sent to the Mayor for consideration. The Mayor may sign the legislation, allow it to become effective without their signature, or disapprove it by exercising veto power. If the Mayor vetoes the Bill, the Council must reconsider and approve it by a two-thirds vote for it to become effective. After the Mayor's approval or the override of a veto, the legislation is assigned an Act number. The Act is then sent to the United States House of Representatives and the Senate for a 30-day review period (or 60 days for criminal legislation). If no joint resolution disapproving the Act is approved by the President during this time, the Bill finally becomes a Law and is assigned a law number.
Any Council member can introduce a bill by filing it with the Secretary of the Council. Additionally, the District's Charter allows the Mayor to introduce bills before the Council. The Council also allows Charter independent agencies to introduce bills, which are presented via the Chairman of the Council.
The committee plays a crucial role in reviewing and shaping the Bill. Once a Bill is introduced, it is assigned to a committee with expertise in the subject matter. The committee is not obligated to review the Bill, and if they choose not to during the 2-year period of the Council, the Bill will die and must be reintroduced with the next new Council. If the committee decides to review the Bill, they will typically hold a hearing to receive testimony from residents and government officials. The committee can make changes to the Bill and vote it out of committee if they want it to become law.
After a Bill is introduced, it goes through several stages before potentially becoming a Law. It is first assigned to a committee, which may choose to review it and make changes. The Bill then advances to the Committee of the Whole, comprising all 13 members of the Council. It is placed on the agenda for a Council legislative meeting, where it is discussed and potentially amended. If the Bill passes by a majority vote, it proceeds to a second reading at another Council meeting at least 14 days later. If approved again, it goes to the Mayor for consideration. The Mayor can sign, let it become effective without their signature, or veto it. If vetoed, the Council can override the veto with a two-thirds vote. After the Mayor's approval or veto override, the legislation is assigned an Act number. The Act then undergoes a congressional review period, where it is sent to the US House of Representatives and Senate for 30 or 60 days, depending on the type of legislation. If no joint resolution disapproving the Act is approved by the President during this time, the Bill becomes a Law with a law number.
