THE PATH OF LEGISLATION IN NEW JERSEY
|
| 1. | IDEA DEVELOPED: A
legislator decides to sponsor a bill, sometimes at the suggestion
of a constituent, interest group, public official or the
Governor. The legislator may ask other legislators in the same
House to join as co-sponsors. |
| 2. | BILL DRAFTED: At the
legislator's direction, the Office of Legislative Services, a
non-partisan agency of the Legislature, provides research and
drafting assistance, and prepares the bill in proper technical
form. |
| 3. | BILL INTRODUCED:
During a session, the legislator gives the bill to the Senate
Secretary or Assembly Clerk, who reads the bill's title aloud.
This is known as the first reading. The bill is printed and
released to the public. |
| 4. | COMMITTEE REFERENCE:
The Senate President or Assembly Speaker usually refers the bill
to a committee for review, but may send the bill directly to
second reading in order to speed its consideration. |
| 5. | COMMITTEE ACTION:
When scheduled by the chair, the committee considers the bill at
a meeting open to the public. The committee may report the bill
to the House as is, with amendments, or by a substitute bill . If
not considered or reported, the bill remains in committee. |
| 5. | SECOND READING: When
the bill is reported to the floor (or referred directly without
committee review), its title is read aloud for the second
reading. The bill is eligible for amendment on the floor. After
the bill is given third reading, the House must vote to return it
to second reading for any further amendments. |
| 6. | THIRD READING: When
scheduled by the President or Speaker, the bill is given third
reading and considered on the floor. The bill may not go through
second and third reading on the same day, except by an emergency
vote of 3/4 of the members (30 votes in the Senate, 60 in the
Assembly). |
| 7. | HOUSE VOTE: The bill
passes when approved by a majority of the authorized members (21
votes in the Senate, 41 in the Assembly) and is sent to the other
House. If a final vote is not taken, the bill may be considered
at another time or may be returned to a committee by a vote of
the House. |
| 8. | SECOND HOUSE: The
bill is delivered to the second House where it goes through the
same process. If the second House amends the bill, it is returned
to the first House for a vote on the changes. A bill receives
final legislative approval when it passes both Houses in
identical form. |
| 9. | GOVERNOR'S ACTION:
After final passage, the bill is sent to the Governor. The
Governor may sign it, conditionally veto it (returning it for
changes) or veto it absolutely. The Governor may veto single line
items of appropriation bills. Bills passed in the last 10 days of
a 2-year session may be "pocket vetoed." |
| 10. | LAW: A bill becomes
law upon the Governor's signature or after 45 days if no action
is taken. If vetoed, a bill may become law if the Legislature
overrides the veto by a 2/3 vote (27 in the Senate, 54 in the
Assembly). A law takes effect on the day specified in its text
or, if unspecified, the July 4th following its passage. |
|
| FORMS OF LEGISLATIVE ACTION |
| Formal legislative action is
expressed through the passage of a bill, or by
adoption of a resolution, which expresses the
sentiments or opinions of the members. There are three types of
resolutions. A joint resolution must pass both
Houses and be signed by the Governor. A concurrent
resolution must pass both Houses, but is not presented
to the Governor. A simple resolution is
considered only by the House in which it is proposed. |
|
| THE BRANCHES OF GOVERNMENT |
| The government of
the State of New Jersey, like that of the United States, is
divided into three co-equal branches: the legislative, the
executive, and the judicial. The principal function of the
Legislature is to enact laws. The Executive branch (the Governor
and State agencies) carries out the programs established by law.
The Judiciary (The Supreme Court and lower courts) punishes
violators, settles controversies and disputes, and is the final
authority on the meaning and constitutionality of laws. |
|
| LEGISLATORS |
| The Legislature
consists of two Houses: a 40-member Senate and an 80-member
General Assembly. The Senate and Assembly chambers are located in
the State House in Trenton. Senators must be at least 30 years
old and residents of the state for four years prior to election.
Members of the Assembly must be at least 21 and state residents
for two years. All legislators must live in the districts they
represent. |
| While legislators
spend a considerable amount of their time on legislative matters,
service in the Legislature is considered to be part-time, and
most legislators also hold other employment. |
|
| LEGISLATIVE DISTRICTS |
| Legislators are
elected from 40 legislative districts of substantially equal
population. The voters in each district elect one Senator and two
members of the General Assembly. Every ten years, after the
Federal census, the boundaries of the 40 districts are redrawn to
maintain an equal population in each district. This
reapportionment of districts is performed by a bipartisan
Apportionment Commission, whose members are appointed by the
state chairs of the two major political parties. |
|
| LEGISLATIVE SESSIONS |
| Each Legislature
is in session for two years, beginning on the second Tuesday of
January of each even-numbered year. All business conducted during
the first year may be continued in the second year. At the end of
the second year, all unfinished business expires. |
| Each House sets
its own meeting schedule. In recent years, each House has held an
average of 40 sessions a year, usually on Mondays and Thursdays.
In addition, other days may be devoted to committee meetings and
public hearings. The Senate and General Assembly occasionally
meet in joint session, most often for an address by the Governor. |
| A typical session
day consists of committee meetings in the morning, party
conferences around midday, followed by floor sessions. Committee
meetings and floor sessions are open to the public. No advance
arrangements are necessary to gain admission to the meeting rooms
or the public galleries. |
|
| LEGISLATIVE ELECTIONS |
| Legislative
elections are held in November of each odd-numbered year. Members
of the Assembly serve two-year terms, Senators serve four-year
terms, except for the first term of a new decade, which is only
two years. this "2-4-4" cycle allows for elections from
new districts as soon as possible after each reapportionment. |
|
| Interim
appointments are made to fill vacant legislative seats by the
county committee or committees of the party of the vacating
person. The office is on the ballot for the next general
election, unless the vacancy occurred within 51 days of the
election. Then the appointment stands until the following general
election. |
|
| LEGISLATIVE ORGANIZATION |
| Each House elects
a presiding officer from among its members - the President of the
Senate and the Speaker of the General Assembly. They are first
and second in line of succession to the governorship and serve as
acting Governor when the Governor is out of the state. |
| The President and
the Speaker have broad powers within their Houses. They decide
the meeting schedules and the daily calendar of bills to be
considered, preside over the sessions, appoint committee chairs
and members, refer bills to committees for consideration and
direct the business of their Houses. |
| Each party in each
House also chooses party leaders: the Majority Leader, the
Minority Leader, assistant leaders and "whips." The
party leaders help develop party policy on the issues before the
Legislature. |
| Each House
establishes a number of standing reference committees to review
legislation. Much of the discussion on the merits of a bill takes
place in committee. Representatives of interest groups and
members of the public are generally given the opportunity to
present their views at committee meetings. |
|
| LEGISLATIVE POWERS |
| The chief function
of the Legislature is to enact laws. A proposal to make a new
law, or to change or repeal an existing law, is presented to the
Legislature as a bill. To become law, a bill must pass both
Houses by a majority vote and be approved by the Governor. |
| The Legislature
can also propose amendments to the New Jersey Constitution. Such
an amendment must be passed by a vote of 3/5 of each House (24
votes in the Senate and 48 votes in the Assembly). No action by
the Governor is required. If passed, the proposed amendment is
placed on the ballot in November for a public vote. An amendment
may also be presented to the voters if the Legislature passes it
two years in a row by a majority vote. |
| Additional powers
of the Legislature include Senatorial approval of the Governor's
appointments of judges and other officials. The Legislature is
also empowered to ratify amendments to the U.S. Constitution;
appoint the State Auditor; judge the elections and qualifications
of its members; and institute and conduct impeachment proceedings
against State officials. |
| At the general
election in November 1992, the voters approved a constitutional
amendment permitting the Legislature to review administrative
rules and regulations. |
|
| CONTACTING YOUR LEGISLATORS |
| Legislators value
the opinions and suggestions of their constituents. In addition,
through their professionally-staffed district offices,
legislators are prepared to respond to requests for information
about legislative matters or for assistance in dealing with State
agencies. |
| You may call or
write to legislators at their district offices, (there is a
directory in this web page!) or write to them either in care of
the New Jersey Senate, State House, P.O. Box 099, Trenton, NJ
08625-0099 or in care of the New Jersey Assembly, State House,
P.O. Box 098, Trenton, NJ 08625-0098. |
|
| LEGISLATIVE INFORMATION |
| The Legislature
maintains a toll-free number (800-792-8630) to provide the public
with information about legislative activities. The Legislative
Information and Bill Room answers inquiries about the status of
bills, explains legislative procedures, and provides meeting
schedules, and contact information. It operates on business days
from 8:30 am until 5 pm, with continued evening service during
legislative sessions. There is also a TDD line for people with
hearing impairments (800-257-7490). It must be used with TDD
equipment. |
| Copies of bills
may be obtained from this office, which is located on level B of
the State House Annex. The address is: Legislative Information
and Bill Room, State House Annex, P.O. Box 068, Trenton, NJ
08625-0068. |
