To most people, the legislative process in Georgia can look like a daunting system to learn, but it is actually the culmination of 233 years of procedures. The powers and duties for the legislature are put forward in Article III of the state’s constitution. The essential duty of the legislature is to make the laws that govern Georgia.

 The two types of legislation that are filed each year are categorized as either “bills” or “resolutions.“ Bills have the effect of law while resolutions usually convey support for or opposition to a particular issue, without the weight of law. With respect to bills, the legislation is focused upon either a general bill addressing statewide matters or local bills, which address local issues. All bills, general and local, that are passed by both chambers and signed by the governor  become law.

Only legislators can file a piece of legislation, but ideas for legislation can come from various sources: a citizen’s group, individual legislators, a study committee, or the governor. The legislator then takes the idea to the office of Legislative Counsel to have a bill drafted.

THE JOURNEY BEGINS

Once a proposal has been drafted, the legislator / author then introduces the bill into the respective chamber, either to the Clerk of the House or the Secretary of the Senate, depending on whether it is sponsored by a representative or senator.  The legislation is the given a number H.B., House bill; H.R., House Resolution; S.B., Senate Bill; S.R. Senate Resolution.

When drafted, the legislation is given a “title” that essentially is a summary paragraph.  The state’s constitution mandates that this title be read on three separate days to ensure that legislation is not pushed through without full consideration. (This requirement stems from an 18th century controversy known as the “Yazoo Land Fraud,” which began with a bill being rushed through both chambers without proper deliberation. This scandal ultimately was the cornerstone of the Supreme Court’s watershed decision Fletcher v. Peck.) 

After the legislation is introduced, it is read for the first time on the next legislative day.  After the first reading, the presiding officer of the respective chamber assigns the legislation to a committee based upon subject matter.  On the subsequent legislative day, the legislation is read for the second time in the chamber.

NEXT STOP: THE SAUSAGE GRINDER

The next step in the legislative process is that of the committee consideration. At a scheduled hearing, the bill’s author can speak on behalf of it, and anyone else who wants to speak for or against the legislation can do so. Oftentimes the committee, after reviewing the legislation, will make amendments to it or even prepare a complete substitute to it. If the committee wishes to move this piece of legislation forward in the process, a vote can be taken on a recommendation of “do pass,“ “do pass with amendments” or “do pass by substitute,“ depending on the committee’s actions. If the committee decides not to move the legislation forward, a vote for recommendation of “do not pass” can be taken, but more often no action is taken upon the legislation and it simply remains in the committee. In the legislative process, the filter that screens out the vast majority of bills is that of the committee consideration.

After a bill passes out of the committee process, it moves onto the general calendar of the chamber. The Rules Committee of each house sets the calendar for each legislative day and serves as the gatekeeper to floor consideration, not only structuring how the bill can be debated, but also what bills should be put to a vote on the floor. For numerous reasons, a bill reported out of a standing committee may never get onto the Debate Calendar. After the Rules Committee sets the calendar, assigned bills will be heard on the floor the next legislative day.

When the Rules Calendar is presented on the floor, each bill is read for the third and final time. The presiding officer of the chamber then opens the floor to debate. The bill’s author comes forward to the “well” — a podium at the front of the chamber — and speaks on behalf of the bill. Questions can be asked of the author at the discretion of the presiding officer, and other legislators can speak from the well for or against the legislation.  

Upon conclusion of debate, amendments to the legislation can then be offered on the floor. A motion for the calling of the previous question is then called. After approval, each member is then asked to vote “yea” or “nay” on the bill. In the House, a bill requires 91 votes to pass and in the Senate, 29 votes are required; on constitutional amendments, 120 votes are required in the house and 37 in the Senate. These numbers required for passage are known as “the Constitutional Majority” and are based upon the number of members in both chambers.

LAST LEG OF THE TRIP

If the legislation passes, the bill then travels to the opposing chamber and goes through the same process again. For a bill to become law, each chamber must pass identical legislation. When modifications are made to the legislation, the other chamber must either agree to the changes or insist on their original position. If both chambers insist on their version of the legislation, a conference committee comprising three members from each chamber is appointed. This committee then tries to reach a compromise on the legislation. If a compromise is made, the conference committee report must be approved by each chamber.

After passage by both chambers, the legislation is sent to the governor for final approval. He has three options: to  approve and sign the legislation; to veto it, for which he then must return it to the legislature with his reasons for the veto; or to take no action on it, in which event the bill will become law automatically after 40 days from the legislature’s adjournment.

Some might say that this process is redundant and just too difficult to pass good legislation, though I would say that it is indeed hard and that is what makes it a successful system. The legislative process should act as a filter, to do all that is possible to keep bad legislation from passing while allowing good public policy to prevail.