HOW A BILL BECOMES LAW IN NEW YORK STATE:
THE LEGISLATIVE PROCESS
The idea
The idea for a bill can come from several sources: Legislators and their staff, the Governor and his staff or departments (program bills), citizens, lobbyists and special interest groups, or it can be a bill that had died in a previous session.
Sponsorship
A bill must have a sponsor in order to be introduced into the Legislative Session. Legislators or standing committees can introduce bills, with the exception of the Executive Budget which is introduced by the Governor. When the idea for a bill originates outside of these parties, then a sponsor must be found. For example, a lobbyist with an idea for a bill must circulate it among Legislators in order to find a sponsor.
Bill drafting
The Legislative sponsor then submits the concept for a bill to the Legislative Bill Drafting Commission (LBDC). The Legal Services department drafts the bill, making sure that it is in the proper form and that the content reflects the sponsor's intentions. LBDC then assigns a number for internal tracking purposes and returns the bill draft to the sponsor. The sponsor checks the language of the draft and returns it to LBDC for changes, if necessary. The prime sponsor may circulate the bill draft among colleagues in order to find additional sponsors.
Introduction
The bill draft is then introduced, assigned a bill number (for example, A100, S100) and printed. The Journal Clerk of each house (Senate and Assembly) makes hard copies of bills available to anyone who wants them at their respective document room on the third floor of the Capitol.
Committee Actions
Once a bill is introduced, house leadership refers it to the appropriate committee (for example, the Banking Committee will receive bills dealing with banking) for review, discussion, revision and ultimately, approval or disapproval. The Legislators who are members of the standing committees in each house evaluate the ramifications of a bill and decide whether it should be approved, with or without revisions. Committee agendas are lists of the bills which will be considered at the committee meetings to decide whether or not the bill should be placed on calendar.
Revision
As a bill makes its way through one or more committees, committees or sponsors may want to make changes. When a bill text is changed, it is called an amendment. Each time a bill is amended, it usually returns briefly to LBDC where it is proofread and the appropriate form and content maintained. There is no limit on the number of times a bill can be amended. Amendments are indicated by a letter after the bill number. S180-A, for example, indicates the first amendment to Senate Bill 180; A180-D would be the fourth amendment and the fifth version of the Assembly bill. If a bill makes it through all of the appropriate committees, it is then "reported out" to the floor of the house and is placed on the Daily Calendar along with other bills which have come through the committee process. If a committee does not report a bill out of committee to the floor, then it is said to have "died in committee".
Assembly Ways & Means and Senate Finance
In addition to any other appropriate committee, bills that require an expenditure of State funds must also go through the Assembly Ways & Means Committee or the Senate Finance Committee.
Rules Committee
The Majority Leader of the Senate is the chair of the Senate Rules Committee and the Assembly Speaker chairs the Assembly Rules Committee. Therefore, these committees play a significant role in the flow of legislation. They are especially influential near the end of a legislative session when all committees report bills to the Rules committee.
Floor vote
A bill that is reported out of its assigned committee may be put to a floor vote before the entire house after it has advanced to Third Reading Calendar. In order for a bill to pass either house, it must receive a majority vote. If a bill passes the floor vote in the first house and passes the floor vote in the other house where it has also been scrutinized in committee(s), then it will be sent to the Governor. Failure to pass a floor vote in either house means the bill will not go to the Governor. Prior to a floor vote, a bill may be debated before the entire house. The public can observe floor debates from the gallery overlooking each chamber.
The Governor
When a bill passes both houses, it is delivered to the Governor. If a bill is sent to the Governor while the Legislature is in session, the Governor has 10 days (not counting Sundays) to sign or veto bills passed by both houses. Signed bills become law; vetoed bills do not. However, the Governor's failure to sign or veto a bill within the 10-day period means that it becomes law automatically. Vetoed bills are returned to the house that first passed them, together with a statement of the reason for their disapproval. A vetoed bill can become law if two-thirds of the members of each house vote to override the Governor's veto. If a bill is sent to the Governor when the Legislature is out of session, the rules are a bit different. At such times, the Governor has 30 days in which to make a decision, and failure to act ("pocket veto") has the same effect as a veto.
Citizen comment is an important part of the legislative process. Public opinion often affects the shape of a bill as well as its eventual success or failure. Your input can play a crucial role in determining how a bill becomes a law.
Information provided by the NYS Legislative Bill Drafting Commission, 2008.
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