How an Idea Becomes a Law
Como Una Idea Se Hace Ley
The legislative process is governed by rules, laws and procedures,
making it somewhat mechanical in nature. Although the legislative process is
long and complex, all laws begin as ideas.
An idea for a law can come from anyone; an individual or group
of citizens, a legislator or legislative committee, the executive or judicial
branch, or a lobbyist. By statute state agencies must presession file bills.
Legislators or legislative committees may file an unlimited number of measures
within established timelines set by rule.
If deadlines are missed, the Senate Rules Committee must approve
requests for drafting and/or introduction to the Senate. Appropriation or fiscal
measures sponsored by the Joint Committee on Ways and Means are exempt from
filing deadlines and may be introduced at any time.
Types of Measures
The Legislative Assembly can accomplish tasks in addition to creating, amending
or repealing laws. It can honor a distinguished Oregonian, propose an amendment
to the Oregon constitution, or send a message on behalf of the Oregon legislature
to the President of the United States. In these instances, a bill is not the
appropriate form of measure.
There are six types of measures: a bill,
joint resolution, concurrent
resolution, resolution, joint
memorial and memorial.
A bill, the most common type of measure, is a proposal for a
law. All statutes, except those initiated by the people or referred to the people
by the Legislative Assembly, must be enacted through a bill.
- The path of a bill, from the time it is just an idea to the time
it arrives at the Governor's desk for approval, is paved with many detours.
In order for a bill to become law, it must be passed by both houses in the identical
form. A bill may be introduced in either the Senate or the House
with the exception of revenue bills which must originate in the House.This is
achieved through the following step-by-step process, using the House of Representatives,
for example, as the house of origin.
- An idea to change, amend or create a new law is presented to a Representative.
- The Representative decides to sponsor the bill and introduce
it to the House of Representatives, and requests that the attorneys in the
Legislative Counsel's office draft the bill in the proper legal language.
- The bill is then presented to the Chief Clerk of the House,
who assigns the bill a number and sends it back to the Legislative Counsel's
office to verify it is in proper legal form and style.
- The bill is then sent to the State Printing Division, where
it is printed and returned to House of Representatives for its first
reading.
-
After the bill's first reading, the Speaker refers it to
a committee. The bill is also forwarded to the Legislative Fiscal Officer
and Legislative Revenue Officer for determination of fiscal
or revenue impact the measure might
have.
- The committee reviews the bill, holds public hearings and work sessions.
- In order for the bill to go to the House floor for a final
vote, or be reported out of committee, a committee report is signed by the
committee chair and delivered back to the Chief Clerk.
- Any amendments to the bill are printed and the bill may
be reprinted to include the amendments (engrossed
bill).
- The bill, now back in the house of origin (House), has its
second reading.
- The measure then has its
third reading, which is its final recitation before the vote. This is
the time the body debates the measure. To pass, the bill must receive aye
votes of a majority of members (31 in the House, 16 in the Senate).
- If the bill is passed by a majority of the House members,
it is sent to the Senate.
- The bill is read for the first time and the Senate President
assigns it to committee. The committee reports the bill back to the Senate
where the bill is given the second and third readings.
- If the bill is passed in the Senate without changes, it
is sent back to the House for enrolling.
- If the bill is amended in the Senate by even one word, it
must be sent back to the House for concurrence. If the House does not concur
with the amendments, the presiding officers of each body appoint a conference
committee to resolve the differences between the two versions of the
bill.
- After the bill has passed both houses in the identical
form, it is signed by three officers: the Speaker of the House, the Senate
President, and the Chief Clerk of the House or Secretary of the Senate,
depending on where the bill originated.
- The enrolled bill is then sent to the Governor who has
five days to take action. If the Legislative Assembly is adjourned the Governor
has 30 days to consider it.
- If the Governor chooses to sign the bill, it will become
law on the prescribed effective date. The Governor may allow a bill to become
law without his/her signature, or the Governor may decide to veto the bill.
The Governor's veto may be overridden by a
two-thirds vote of both houses.
- The signed enrolled bill, or act, is then filed with the
Secretary of State, who assigns it an Oregon Laws chapter number.
- Staff in the Legislative Counsel's office insert the text
of the new laws into the existing Oregon Revised Statutes in the appropriate
locations and make any other necessary code changes.
- Effective Date of Legislation
- In 1999, the Legislative Assembly adopted ORS 171.022, which reads, "Except
as otherwise provided in the Act, an Act of the Legislative Assembly takes
effect on January 1 of the year after passage of the Act."
- Some bills contain a clause which specify a particular
effective date. Still others may have emergency, sunset, or referendum
clauses attached.