Understanding The Timeline Of Bills Becoming Laws

The process of turning a bill into a law involves several stages and can vary between different legislative systems. In the United States, a bill is a proposal for a new law or a change to an existing one, which can be initiated by a member of the Senate or House of Representatives, or be proposed by citizens or advocacy groups. The bill then goes through a process of drafting, introduction, committee review, voting, referral to the other chamber, presidential approval, and potential veto override. In Canada, the process is similar, with bills introduced in either the Senate or the House of Commons, undergoing readings, committee consideration, and requiring Royal Assent to become law. Understanding these steps is crucial for effective advocacy and public policy engagement.

Bill drafting

The first step in the process of a bill becoming a law is the creation of the bill. Any member of Congress – either from the Senate or the House of Representatives – can draft a bill. These ideas can come from Congress members themselves or everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors".

Once the bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. The House clerk assigns a legislative number for bills introduced in the House of Representatives (e.g., H.R. 1001), and the Senate clerk assigns a legislative number for bills introduced in the Senate (e.g. S. 1002). Once a bill is introduced, it can be found on Congress.gov, the official government website that tracks federal legislation.

There are several considerations when drafting a bill. Firstly, deciding whether the bill should be "freestanding" or "amendatory". A freestanding bill is a statement of law that is not incorporated as part of another statute, while an amendatory bill changes an existing statute. The choice between the two depends on factors such as whether there is an existing statute pertaining to the agencies, persons, or subject matter involved, and whether the new policy is temporary or permanent.

Another important aspect of bill drafting is the use of specific legislative provisions. For example, "purposes and findings provisions" are statements that summarise the specific matters covered by a bill. While they can be redundant if the operative text already states what is required, permitted, or prohibited, they can also be useful in clarifying Congress's intent for more complex provisions. "Authorization of appropriations" provisions are included to limit the amount of money authorised to be appropriated for a particular purpose. An effective date provision should be included if a specific date other than the date of enactment is intended for the bill or its amendments to take effect.

Additionally, the choice of words and phrases in a bill is crucial. For instance, the terms "means" and "includes" have distinct meanings, with "means" being exclusive and "includes" being non-exclusive. The terms "shall" and "may" also carry different weights, with "shall" indicating a requirement and "may" indicating permission. Drafters should also generally use the singular form to avoid ambiguity.

Introduction of the bill

The introduction of a bill is the second step in the process of how a bill becomes a law. The first step is the creation of the bill, which can be drafted by any member of Congress, including the Senate or the House of Representatives. The ideas for these bills can come from sitting members of Congress or be proposed during their election campaigns. They can also be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress.

Once the bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. A bill can also be initiated by a minister, in which case it is referred to as a "government bill," or by a private member, in which case it is called a "private member's bill." In the case of government bills, the Department of Justice drafts the bill following instructions from the cabinet. A private member's bill is typically drafted on behalf of a member of Parliament by a legislative counsel employed by the House.

The introduction of any public bill requires 48 hours' written notice. The day after it appears on the Notice Paper, the title of the bill will appear in the Order Paper, and it is ready for introduction in the House. The sponsor of a private member's bill may provide a brief explanation during the introduction.

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Both the House and the Senate have various committees composed of groups of Congress members with particular interests in different topics, such as health or international affairs.

Committee assignment

Once a bill has been introduced, it is assigned to a committee. Committees are groups of Congress members with a particular interest in a given topic, such as health or international affairs. The committee will research, discuss, and make changes to the bill. They may also hold hearings to better understand the implications of the bill and invite experts and other interested parties to offer testimony. Hearings allow the views of the executive branch, other public officials, supporters, and opponents of the legislation to be put on record.

After the hearings, the committee will meet to "'mark up'" the bill, making changes and amendments before recommending it to the "floor". If the committee votes against reporting legislation to the full chamber of Congress, the bill dies. If they vote in favour, it is reported to the floor. This procedure is called "ordering a bill reported".

The bill is then returned to the full House or Senate for further debate and approval. At this point, members may propose amendments to the bill, add additional text, or otherwise alter it.

In the case of the Canadian legislative process, there are two types of committees: standing committees and legislative committees. Standing committees are those whose mandate most closely corresponds to the bill's subject matter, while legislative committees are distinct committees created solely to undertake the consideration of legislation.

Voting by the full chamber

Once a bill has been drafted and introduced, it is assigned to a committee. The committee will research, discuss, and make changes to the bill. The committee may also hold hearings to better understand the implications of the bill, allowing for the views of experts, other public officials, supporters, and opponents of the bill to be heard. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

The next step is voting by the full chamber. Once the bill reaches the floor, there is additional debate and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members voting.

In the House of Representatives, the process is more structured. Each member who wishes to speak only has a few minutes, and the number and kind of amendments are usually limited. In the Senate, debate on most bills is unlimited. Senators may speak to issues other than the bill under consideration during their speeches, and any amendment can be introduced. Senators can use this to filibuster bills under consideration, a procedure by which a Senator delays a vote on a bill by refusing to stand down. A supermajority of 60 Senators can break a filibuster by invoking cloture, or the cession of debate on the bill, and forcing a vote. Once debate is over, the votes of a simple majority pass the bill.

Presidential approval

In the United States, the President has the power to approve or veto a bill that has been passed by both the House and the Senate. If the President approves the bill, it becomes law. If the President does not approve, they can veto it.

If the President chooses to veto a bill, Congress can attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law. However, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This action is called a "pocket veto" and cannot be overridden by Congress.

In Canada, the process is slightly different. After a bill has passed through the House of Commons and the Senate, it must receive Royal Assent to become law. Approval by the Governor General or another designated representative of the Crown is required for a bill to become law once it has been passed by both Houses in identical form. The Governor General may assent to the bill in the Queen's name, withhold assent, or reserve assent. When a bill is given Royal Assent, it becomes law.

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