A. Legislation is Introduced
– Any member can introduce a piece of legislation
House
– Legislation is handed to the clerk of the House or placed in the hopper.
Senate
– Members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.
B. Committee Action
– The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).
Steps in Committee:
- Comments about the bill’s merit are requested by government agencies.
- Bill can be assigned to subcommittee by Chairman.
- Hearings may be held.
- Subcommittees report their findings to the full committee.
- Finally there is a vote by the full committee – the bill is “ordered to be reported.”
- A committee will hold a “mark-up” session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a “clean bill” which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.
- In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A “closed rule” sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways:
- Members can move rules to be suspended (requires 2/3 vote)
- A discharge petition can be filed
- The House can use a Calendar Wednesday procedure.
C. Floor Action
- Legislation is placed on the Calendar
House: Bills are placed on one of four House Calendars. The Speaker of the House and the Majority Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a discharge petition.)Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.
- Debate
House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill – no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.Senate: debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane – riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by “talking it to death.”
- Vote – the bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee.
D. Conference Committee
- Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill.
- If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber.
- The conference report must be approved by both the House and the Senate.
E. The President
The bill is sent to the President for review.
- A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.
- If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law (“Pocket Veto.”)
- If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law.
F. The Bill Becomes A Law
Once a bill is signed by the President or his veto is overridden by both houses it becomes a law and is assigned an official number.
GLOSSARY OF TERMS
House Legislative Calendars
The Union Calendar
– A list of all bills that address money and may be considered by the House of Representatives. Generally, bills contained in the Union Calendar can be categorized as appropriations bills or bills raising revenue.
The House Calendar
– A list of all the public bills that do not address money and maybe considered by the House of Representatives.
The Corrections Calendar
– A list of bills selected by the Speaker of the House in consultation with the Minority leader that will be considered in the House and debated for one hour. Generally, bills are selected because they focus on changing laws, rules and regulations that are judged to be outdated or unnecessary. A 3/5 majority of those present and voting is required to pass bills on the Corrections Calendar.
The Private Calendar
– A list of all the private bills that are to be considered by the House. It is called on the first and third Tuesday of every month.
Types of Legislation
Bills
– A legislative proposal that if passed by both the House and the Senate and approved by the President becomes law. Each bill is assigned a bill number. HR denotes bills that originate in the House and S denotes bills that originate in the Senate.
Private Bill
– A bill that is introduced on behalf of a specific individual that if it is enacted into law only affects the specific person or organization the bill concerns. Often, private bills address immigration or naturalization issues.
Public Bill
– A bill that affects the general public if enacted into law.
Simple Resolution
– A type of legislation designated by H Res or S Res that is used primarily to express the sense of the chamber where it is introduced or passed. It only has the force of the chamber passing the resolution. A simple resolution is not signed by the President and cannot become Public Law.
Concurrent Resolutions
– A type of legislation designated by H Con Res or S Con Res that is often used to express the sense of both chambers, to set annual budget or to fix adjournment dates. Concurrent resolutions are not signed by the President and therefore do not hold the weight of law.
Joint Resolutions
– A type of legislation designated by H J Res or S J Res that is treated the same as a bill unless it proposes an amendment to the Constitution. In this case, 2/3 majority of those present and voting in both the House and the Senate and 3/4 ratification of the states are required for the Constitutional amendment to be adopted.
Other Terms
Calendar Wednesday
– A procedure in the House of Representatives during which each standing committees may bring up for consideration any bill that has been reported on the floor on or before the previous day. The procedure also limits debate for each subject matter to two hours.
Cloture
– A motion generally used in the Senate to end a filibuster. Invoking cloture requires a vote by 3/5 of the full Senate. If cloture is invoked further debate is limited to 30 hours, it is not a vote on the passage of the piece of legislation.
Committee of The Whole
– A committee including all members of the House. It allows bills and resolutions to be considered without adhering to all the formal rules of a House session, such as needing a quorum of 218. All measures on the Union Calendar must be considered first by the Committee of the Whole.
Co-Sponsor
– A member or members that add his or her name formally in support of another members bill. In the House a member can become a co-sponsor of a bill at any point up to the time the last authorized committee considers it. In the Senate a member can become a co-sponsor of a bill anytime before the vote takes place on the bill. However, a co-sponsor is not required and therefore, not every bill has a co-sponsor or co-sponsors.
Discharge Petition
– A petition that if signed by a majority of the House, 218 members, requires a bill to come out of a committee and be moved to the floor of the House.
Filibuster
– An informal term for extended debate or other procedures used to prevent a vote on a bill in the Senate.
Germane
– Relevant to the bill or business either chamber is addressing. The House requires an amendment to meet a standard of relevance, being germane, unless a special rule has been passed.
Hopper
– Box on House Clerk’s desk where members deposit bills and resolutions to introduce them.
Morning Hour
– A 90 minute period on Mondays and Tuesdays in the House of Representatives set aside for five minute speeches by members who have reserved a spot in advance on any topic.
Motion to Recommit
– A motion that requests a bill be sent back to committee for further consideration. Normally, the motion is accompanied by instructions concerning what the committee should change in the legislation or general instructions such as that the committee should hold further hearings.
Motion to Table
– A motion that is not debatable and that can be made by any Senator or Representative on any pending question. Agreement to the motion is equivalent to defeating the question tabled.
Quorum
– The number of Representatives or Senators that must be present before business can begin. In the House 218 members must be present for a quorum. In the Senate 51 members must be present however, Senate can conduct daily business without a quorum unless it is challenged by a point of order.
Rider
– An informal term for an amendment or provision that is not relevant to the legislation where it is attached.
Sponsor
– The original member who introduces a bill.
Substitute Amendment
– An amendment that would replace existing language of a bill or another amendment with its own.
Suspension of the Rules
– A procedure in the House that limits debate on a bill to 40 minutes, bars amendments to the legislation and requires a 2/3 majority of those present and voting for the measure to be passed.
Veto
– A power that allows the President, a Governor or a Mayor to refuse approval of a piece of legislation. Federally, a President returns a vetoed bill to the Congress, generally with a message. Congress can accept the veto or attempt to override the veto by a 2/3 majority of those present and voting in both the House and the Senate.
The following is a general background on how state government works. Please note that each state operates according to its own constitution.
Powers of the Federal Government
Powers Reserved for the Federal Government
The U.S. government is federal in form. The states and national government share powers, which are wholly derived from the Constitution.
From the Constitution, the national government derives
Article I, Section 10 of the Constitution of the United States puts limits on the powers of the states. States cannot form alliances with foreign governments, declare war, coin money, or impose duties on imports or exports.
Powers Reserved to the States
The Tenth Amendment declares, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” In other words, states have all powers not granted to the federal government by the Constitution.
These powers have taken many different forms. States must take responsibility for areas such as:
- ownership of property
- education of inhabitants
- implementation of welfare and other benefits programs and distribution of aid
- protecting people from local threats
- maintaining a justice system
- setting up local governments such as counties and municipalities
- maintaining state highways and setting up the means of administrating local roads
- regulation of industry
- raising funds to support their activities
In many areas, states have a large role but also share administrative responsibility with local and federal governments. Highways, for example, are divided amongst the three different levels. Most states classify roads into primary, secondary, and local levels. This system determines whether the state, county, or local governments, respectively, must pay for and maintain roads. Many states have departments of transportation, which oversee and administer intrastate transportation. U.S. highways and the interstate system are administered by the national government through the U.S. Department of Transportation.
Mandates
States must also administer mandates set by the federal government. Generally these mandates contain rules which the states wouldn’t normally carry out. For example, the federal government may require states to reduce air pollution, provide services for the handicapped, or require that public transportation must meet certain safety standards. The federal government is prohibited by law from setting unfunded mandates. In other words, the federal government must provide funding for programs it mandates.
Grants
Grants are an important tool used by the federal government to provide program funding to state and local governments. According to the Office of Management and Budget, federal outlays for grants to state and local governments increased from $91 billion in fiscal year 1980 (about $224 billion in 2013 constant dollars) to about $546 billion in fiscal year 2013. (See figure). Block grants give the states access to large sums of money with few specific limitations. The state must only meet the federal goals and standards. The national government can give the states either formula grants or project grants (most commonly issued).
Mandates can also pass from the state to local levels. For example, the state can set certain education standards that the local school districts must abide by. Or, states could set rules calling for specific administration of local landfills.
State Constitutions
The Basics
Each state has its own constitution which it uses as the basis for laws. All state governments are modeled after the federal government and consist of three branches: executive, legislative, and judicial. The U.S. Constitution mandates that all states uphold a “republican form” of government, although the three-branch structure is not required.
Therefore, in basic structure state constitutions much resemble the U.S.Constitution. They contain a preamble, a bill of rights, articles that describe separation of powers between the executive, legislative and judicial branches, and a framework for setting up local governments.
Length and Specificity
State constitutions also tend to be significantly more lengthy than the U.S. Constitution. State constitutions can contain as many as 174,000 words (Alabama), and have as many as 513 amendments attached (also Alabama). Much of this length is devoted to issues or areas of interest that are outdated. Oklahoma’s constitution, for example, contains provisions that describe the correct temperature to test kerosene and oil. California has sections that describe everything that may be deemed tax-exempt, including specific organizations and fruit and nut trees under four years of age.
Amendment
All state constitutions provide for a means of amendment. The process is usually initiated when the legislature proposes the amendment by a majority or supermajority vote, after which the people approve the amendment through a majority vote. Amendments can also be proposed by a constitutional convention or, in some states, through an initiative petition.
The Legislature
All states have a bicameral, or two-house legislature, except Nebraska, which has a unicameral, or single, house. Legislative salaries range from nothing (Kentucky and Montana) to $57,500 (New York) per year. In states where there is no official salary, legislators are often paid on a per diem basis (i.e. Rhode Island Legislators earn $5 per day).
The Upper House
- called the Senate.
- membership can range from 21 (Delaware) to 67 (Minnesota).
- terms usually last four years.
The Lower House
- called the House of Representatives, General Assembly, or House of Delegates (Virginia),
- membership can range from 40 (Alaska and Nevada) to 400 (New Hampshire).
- terms usually last two years.
Leadership
Like the national legislature, each house in a state legislature has a presiding officer. The Lieutenant Governor presides over the Senate, but the majority leader assumes most of the leadership roles. The house elects a Speaker who serves as its leader. Leaders of each house are responsible for recognizing speakers in debate, referring bills to committee, and presiding over deliberations.
States grant legislatures a variety of functions:
- Enact laws
- Represent the needs of their constituents
- Share budget-making responsibilities with Governor
- Confirm nominations of state officials
- House begins impeachment proceedings, Senate conducts the trial if there is an impeachment.
- Casework
- Oversight – review of the executive branch. (e.g., sunset legislation)
Citizen Legislation
Legislators don’t wield the only legislative power in state government. In many states, the people can perform legislative functions directly. The ways by which these methods can be implemented vary, but they usually require a certain number of signatures on a petition. After that, the issue is put on the ballot for a general vote.
- Initiative – A way citizens can bypass the legislature and pass laws or amend the state constitution through a direct vote.
- Referendum – A way citizens can approve of statutes or constitutional changes proposed by the legislature through a direct vote.
- Recall – A way citizens can remove elected officials from office. It is allowed in 14 states and is hardly ever used.
Governor
The Governor is a state’s chief executive. A governor can serve either a two or four year term. Thirty-seven states have term limits on the governor.
Roles:
- Appointments
The Governor is chiefly responsible for making appointments to state agencies and offices. These powers include:- The ability to appoint for specific posts in the executive branch.
- The ability to appoint to fill a vacancy caused by the death or resignation of an elected official
- Chief of State
- Chief Executive – draws up budget, also has clemency and military powers
- Veto Power
- Like the U.S. President, a governor has the right to veto bills passed by the legislature.
- Vetoes can be overridden by a two-thirds or three-fourths majority in the legislature.
- In many states, the governor has the power of a line-item veto.
- In some states, the governor has the power of an amendatory or conditional veto.
Other Elected Positions Within the Executive Branch
The president and vice-president are the only elected executive positions within the federal government. State governments, however, often have other positions executive elected separately from the governor. Some examples include:
- Lieutenant Governor: Succeeds the governor in office and presides over the senate.
- Secretary of State – Takes care of public records and documents, also may have many other responsibilities.
- Attorney General – Responsible for representing the state in all court cases.
- Auditor – Makes sure that public money has been spent legally.
- Treasurer – Invests and pays out state funds.
- Superintendent of Public Instruction – Heads state department of education.
Revenue
A government’s revenue system is the entire means by which a government acquires funding. States rely on a broad range of revenue sources to fund government. On average, states generate more than one-third of their revenues from personal income taxes and another one-third from general sales taxes. The remaining revenues are split between excise taxes (on gasoline, cigarettes and alcohol); corporate income and franchise taxes; and taxes on business licenses, utilities, insurance premiums, severance, property and several other sources.That being said, the general character of a state or state and local revenue system is more important than the nature of any single one of its components.
The relative importance of the major revenue sources for state and local governments changed since 1971. Property taxes declined in importance, and their share was picked up mostly by state individual income taxes, charges and miscellaneous revenues. Since state revenue systems have developed gradually and tax policy is used to address multiple objectives, state revenue systems are likely to include inconsistencies.
- Insurance Trust Revenue relates to the money that the state takes in for administering programs such as retirement, unemployment compensation, and other social insurance systems.
- Services and Fees include items such as tolls, liquor sales, lottery ticket sales, income from college tuition, hospital charges and utility fees.
- State Taxes come in many different forms:Most states have a sales tax. The sales tax is assessed on most consumer goods in the state and ranges from 4% to 7%. Most states also have a state income tax, similar to the one used by the federal government. People can pay up to 16% of taxable income in state income taxes. Most states have a progressive sales tax. About 37% of state tax revenue is obtained through the personal income tax. Corporate income tax is also assessed on corporate income, a sum that accounts for 7% of state tax revenue. States levy taxes on motor fuels such as gasoline, diesel, and gasohol. Most of the funds go towards financing roads and transportation within the state. Sin taxes apply to alcoholic beverages and tobacco products. These taxes are named as such because they were originally intended to decrease consumption of these “undesirable” goods.Most states also have inheritance taxes, where a person pays a percentage of what he or she inherits from a deceased person.
- LotteriesIn 2011, 43 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands have adopted some sort of gambling, most in the form of instant-winner or “drawing” lotteries. About 1 percent of state revenue comes from gambling. Lotteries can be very profitable for the state. Profits from lotteries have been used towards funding education, economic development, and environmental programs. Net income from state lotteries was over $17.75 billion in 2010.
- DebtLike the Federal government, state governments also have debts. In 2012, total state government debt had reached $757 billion. Debts range from about $114 million in Wyoming to over $120 billion in California.
Education
One of the largest issue areas left to the discretion of the states is education. The United States’ public education system is administered mostly on the state and local levels. Elementary and Secondary schools receive funding from all the different levels of government: about 8% from the Federal Government, 50% from the State government, and 42% from local governments. State and local governments put more money toward education than any other cost. There are approximately 15,000 school districts around the country, each governed by its own school board. The people of the district vote the members of the school board into office. Generally about 15-30% of the local electorate participate in a typical school board election. Some roles of a school board:
- Administer general district policy
- Make sure the district is in tune with local interests
- Hire or fire the superintendent
The Superintendent is the head administrator within a district. His or her responsibilities include:
- Drafting the budget
- Overseeing the principals of schools within the district
- General administration within the district
- Communication with the chief state school official (CSSO).
The chief state school official is appointed by the governor and, along with other state education positions, has many responsibilities:
- distribute state funds
- establish teacher certification requirements
- define length of the school day
- defines nutritional content of school lunches
- mandate certain curricula for schools and set the school calendar
State Government Vocabulary
amendatory or conditional veto – the power to send a bill back to the legislature with suggested changes.
casework – taking care of constituents’ problems; “errand-running” for particular individuals.
express powers – powers which are directly specified in the Constitution.
federal – a system in which the states and national government share responsibilities. When people talk about the federal government, they generally mean the national government, although the term often refers to the division of powers between the state and national governments.
formula grants – grants given to anyone who meets certain guidelines (grants such as those for school lunches, airports or highways).
implied powers – powers which are not explicitly stated in the constitution, but which are implied through the “necessary and proper” clause in Article I, Section 8.
inherent powers – powers which the national government naturally has to represent the country in relations with other countries.
line-item veto – the power of a governor to veto particular lines (items) in budget appropriations bills.
mandate – a requirement set by the national government to force states to perform a particular action.
presiding officer – one person who oversees the activities of a legislative house. A presiding officer can have either a major or minor leadership role in his or her house.
project grants – grants given to those who make special requests for aid.
progressive tax – a tax where people with higher incomes pay a higher percentage of taxable income in state taxes.
sunset legislation – legislation that has a specific expiration or renewal date. Sunset legislation can be used in several situations.
- It can be used to persuade legislators who do not strongly support a particular measure. When the legislation lasts only a set length of time, the “on the fence” legislators are more likely to vote for it because of its “temporary” nature.
- Some issues change rapidly (e.g., technology-related issues), and therefore legislation pertaining to these issues must be updated periodically.
supermajority – a vote which takes a quantity greater than the majority, usually 2/3 or 3/4, to pass.
term limit – a limit on the number of consecutive terms an elected official can serve.
unfunded mandate – when the federal government sets regulations for the states to follow and does not provide the states with funds to carry them out.