Understand how an idea becomes a law

Understand how an idea becomes a law

  1. Idea developed
    • A legislator decides to sponsor a bill, sometimes at the suggestion of a constituent, interest group, public official or the Governor.
  2. Bill drafted 
    • At the legislative sponsor’s direction, the Revisor’s Office, Office of Policy and Legal Analysis, and Office of Fiscal and Program Review staff provides research and drafting assistance and prepares the bill in the correct format.
  3. Bill introduced 
    • The legislator gives the bill to the Clerk of the House or Secretary of the Senate. 
    • The bill is numbered, a suggested committee recommendation is made and the bill is printed. 
    • The bill is placed on the calendar for the chamber where it originated.
  4. Committee reference 
    • The bill is referred to one of the Joint Standing or Joint Select committees in the originating branch (House or Senate) and then sent to the committee in the other branch for concurrence.
  5. Committee action 
    • When scheduled by the chairs, the committee conducts a public hearing where it accepts testimony supporting, opposing, and making suggested changes to the proposed legislation from any interested party. 
    • Notices of public hearings can be found on the Legislative calendar here.
  6. Report of Committee 
    • The committee reports the bill to the originating body (House or Senate) as is, with amendment, with a divided report (which includes the number of legislators that support the bill and the number that oppose it) or with a unanimous recommendation of Ought Not to Pass.
    • When the bill is reported to the floor it has its first reading and any committee amendments are adopted at this time. 
  7. Second reading
    • The next legislative day the bill is given its second reading and floor amendments may be offered in the chamber. 
    • When one chamber has passed the bill to be engrossed, that means it will be sent to the other body for its consideration. 
    • The House has a consent calendar for unanimous Ought to Pass or Ought to Pass as Amended bills which take the place of First and Second readings. This means that if all committee members voted for the bill, it goes on this calendar and can pass without a formal vote.
  8. Second chamber 
    • Once the bill moves to the next chamber, it goes through a similar process. 
    • If the second chamber amends the bill, it is returned to the first chamber for a vote on the changes. 
    • It may then be sent to a conference committee to work out a compromise agreeable to both chambers. A bill receives final legislative approval when it passes both chambers in identical form.
  9. Governor 
    • After final passage of the agreed upon version of the bill (enactment) the bill is sent to the Governor. 
    • The Governor has ten days in which to sign or veto the bill. If the Governor does not sign the bill and the Legislature is still in session, the bill after ten days becomes law as if the Governor signed it. 
    • If the Legislature has adjourned for the year the bill does not become law. This is called a “pocket veto.” If the Legislature comes back into session, the Governor has three days in which to deliver a veto message to the chamber of origin or the bill becomes law.
  10.  Law 
    • A bill becomes law 90 days after the end of the legislative session. 
    • A bill can become law immediately if the Legislature, by a 2/3 vote of each chamber, declares that an emergency exists. An emergency law takes effect on the date the Governor signs it unless otherwise specified in its text. 
    • If a bill is vetoed, it will become law if the Legislature overrides the veto by a 2/3 vote of those members present and voting of both chambers.

Adapted from Maine’s Path of Legislation.