Lesson #10 - How a Bill becomes a Law

Legislators gather in the House and Senate chambers during floor sessions to debate and vote on bills. Every bill that passes the Legislature comes before each chamber at least three times. But first, they hold committee meetings where they can listen to the concerns and recommendations of the public, lobbyists, and other legislators.

Each legislator usually serves on at least one committee. Committees that meet during legislative sessions are called standing committees. Sometimes joint committees or joint subcommittees are formed with members from both chambers. If the House and Senate cannot agree on amendments to a bill, they may appoint a special conference committee to try to find a compromise that both chambers can accept.

Hopefully this will simplify the legislative process for everyone. Every point where a bill can be lost is underlined. Some of the steps may be skipped along the way, but for the most part, this is the path a bill must take to become law in the state of Alabama.

Originating House
  • Once a bill has been assigned a number, it’s read to the chamber during what is called first reading. The presiding officer assigns the bill to a committee based on its subject matter.

Committee
  • If the committee does nothing with the bill then it is dead for this legislative session.
  • If the committee wants to study the bill then the chair of the committee, who is a member of the majority party, schedules a public hearing on the bill. These hearings are the most effective way for citizens to express their opinions about bills. At the hearing, the public is invited to testify for or against the bill.
  • After testimony at the public hearing, the committee may choose to table it (i.e. do nothing with it) or vote against it. Either way, it is dead for this legislative session.
OR
  • After testimony at the public hearing, the committee can add amendments to the bill, usually upon recommendations of “experts” or lobbyists. The committee can recommend passage of the bill.

Floor Session
  • If a committee recommends passage of a bill, the bill is placed on second reading. At this time, the entire chamber debates the bill during a floor session. Legislators may offer amendments. If the originating house votes to pass the bill during second reading then the bill (with any amendments) is placed on third reading. Note: Any bill which affects state funding more than $1,000, involving expenditure or collection of revenue, must have a fiscal note attached, prepared by the Legislative Fiscal Office.
  • When the bill is reached on the calendar, it is given a third reading. The whole house considers the bill for passage. At this time the bill may be studied in detail, debated, amended and read at length before final passage. Possibility of testimony at this point, from affected parties.

The Vote
  • If less than a majority of the members present votes for the bill then it has failed passage. It is dead for this legislative session, unless it is brought up for reconsideration at another time.

OR
  • If a majority of the members present votes for the bill then it passes and is transmitted to the other house, along with a formal message. Such messages are always read in order at any suitable pause in business.

Second House
  • The bill receives its first reading and begins the process again in this house. (Repeat steps 1-10).
  • If the bill passes in the second house without amendments then it is sent back to the originating house for enrollment (step 17).

OR
  • If the bill passes the second house with amendments then it is sent back to the originating house for consideration of the amendments.

Originating House
  • If the originating house votes to concur with the amendment(s) then the bill is ready for enrollment (step 17).

OR
  • If the originating house votes to non-concur with the amendments then they may request a conference committee. If a conference committee is not requested or accepted by the second house then the bill is dead for this legislative session.

Conference Committee
  • If a conference committee agreement is reached and if both houses adopt the conference committee report then the bill is finally passed and is sent to the originating house for enrollment (step 17).

OR
  • If either house refuses to adopt the report of the conference committee then a motion may be made for further conference. If a conference committee is unable to reach an agreement then it may be discharged and a new conference committee may be appointed. Some highly controversial bills may be referred to several different conference committees. If an agreement is never reached in conference then the bill is dead for this legislative session.

Enrollment
  • The bill is prepared in official form, sent back to originating house for another reading, then to second house for reading and then transmitted to Governor.

Governor
  • Governor signs the bill, making it law.

OR
  • Governor vetoes it. He must return it to originating house with recommended amendments. Both houses must reconsider it. If they approve the amendments, it is returned to Governor for signature, making it a law. If either house doesn’t approve the amendments then it is dead.

OR
  • If a governor fails to return a bill to the originating house within 6 days (not including Sunday) it becomes law without his signature, unless the return was prevented by recess, in which case he has 2 days after the legislature re-assembles, or it becomes law without his signature.

OR
  • One final possibility is a pocket veto. If a bill reaches the governor with less than 5 days in the session, he has up to 10 days after to sign it. If he does not, it does not become law, and the legislature cannot reconsider the bill for amendments
  • After a bill is signed by the governor or passed by the Legislature over the governor’s veto, it is incorporated into the Alabama Code. This is a compilation of all state laws. It is updated after each legislative session.
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