Cecily Zamora
The process of lawmaking in the United States involves the participation of both houses of Congress, namely the Senate and the House of Representatives. While the majority of laws originate in the House of Representatives, bills can be proposed by members of both houses, and all bills must be approved by both houses to become laws. California, as a state, has its own legislative process involving its State Legislature, which also consists of two houses: the Senate and the Assembly. Bills proposed by members of the California State Senate are subject to the state's legislative process and, if passed, become state laws rather than federal laws.
| Characteristics | Values |
|---|---|
| Who can propose a federal law? | Anyone |
| Who drafts the bill? | The Office of the Legislative Counsel |
| Who introduces the bill? | A legislator from either the Senate or the Assembly |
| What is the bill assigned? | A number, a descriptive title, and the appropriate committee(s) for further consideration |
| How many days must pass before a bill can be heard in Committee? | 30 days (this can be waived by a 3/4 vote in the house) |
| What is the next step after the committee stage? | A roll call vote |
| What are the next steps if the bill passes the roll call vote? | The bill is read a second time on the floor in the house of origin and then assigned to a third reading |
| What is the next step after the third reading? | Another roll call vote |
| What happens if the bill passes the third roll call vote? | The bill is sent to the other house for further consideration |
| What happens if the bill passes the second house without amendments or with concurred amendments? | The bill is forwarded to the governor for approval |
| What happens if the house of origin does not concur with the amendments made by the opposite house? | The bill is sent to a joint Assembly/Senate conference committee until concurrence is reached |
| How long does the governor have to sign, approve without signing, or veto the bill? | 12 days |
| What happens if the governor does nothing after 12 days? | The bill is considered approved |
| What happens if the bill is vetoed? | The bill must be returned to its house of origin by September 30th of that year or it becomes law by default |
| When does the bill become a law? | January 1st of the following year, as long as 90 days have passed since the end of the legislative session |
What You'll Learn
Legislative process in California
The legislative process in California starts with an idea, which can come from anyone. The process begins when an individual or group convinces a member of the legislature to author a bill. The member then sends the idea and the language for the bill to the Legislative Counsel's Office, where it is drafted into a bill. The drafted bill is sent back to the legislator for review. The persons or groups that originated the idea for the bill may also review it to ensure that the provisions they desire are included. If the author is a senator, the bill is introduced at the Senate Desk; if the author is an Assembly member, it is introduced at the Assembly Desk, where it is assigned a number and read for the first time. The bill then goes to the Senate or Assembly Rules Committee, where it is assigned to a policy committee.
Each bill must appear in the Daily File for four days before being heard in a committee. The Daily File is the agenda of the day's business, along with public notice of bills set for committee hearings. By checking the file, you can keep track of bills that are being scheduled for committee. If a bill has a fiscal impact or state cost, it will be heard in either the Senate or Assembly Appropriations Committee. At this point, individuals should inform the committee members why they support or oppose the bill based on a fiscal argument.
After the bill passes the fiscal committee, it is read for the second time on the floor. Third Reading is the last stage a bill goes through in the house of origin before passing to the second house to go through the committee process again. On Third Reading, the author presents the bill for passage by the entire house. Most bills require a majority vote (21 votes in the Senate and 41 votes in the Assembly), while urgency measures and appropriation bills require a two-thirds vote (27 in the Senate and 54 in the Assembly). At any time during the legislative process, the bill may be amended, either in committee or on the floor. After amendments are submitted to the author, the bill goes through another printing to reflect the changes. The Senate or Assembly History records the dates when a bill has been amended. Amendments can be substantial or technical and may affect one's position on the bill. Amendments should be followed very carefully, and contact with the District Office can be helpful in keeping track of current versions of a bill.
If a Senate bill is amended by the Assembly, or vice versa, and the house of origin refuses to concur with those amendments, the bill will go to a conference committee. If the house of origin does concur, the bill goes to the Governor. Members of the conference committee are appointed by the Rules Committees, with three members from the Senate and three from the Assembly meeting to negotiate differences. If they agree on a single version, it goes back to both floors for approval.
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How laws are made in the US
The process of making laws in the United States is a lengthy and complex one. It starts with an idea, which can come from anyone, including special interest groups, the President, members of Congress, or regular citizens. Once an idea has been proposed, it needs to be written down and explained in the form of a bill. This is the early version or draft of the proposed law. The bill then needs a member of Congress to sponsor it, who will be either a Senator or a member of the House of Representatives. The sponsor is someone who strongly believes in the bill and wants to see it become a law.
After the bill is introduced, it is sent to a small group of lawmakers called a "committee". Committees are responsible for a specific public policy or area of government and are made up of experts in their respective fields. The committee may decide to make changes to the bill before it moves on to the main chamber of the House or Senate for approval. If the bill began in the House, it will first go there for approval, followed by the Senate if it passes. Most bills require a majority vote, while some require a two-thirds vote. During the legislative process, the bill may be amended either in committee or on the Floor.
If the bill is amended by the other chamber and the house of origin refuses to concur, it will go to a conference committee. If the house of origin does concur, the bill goes to the President. If the second chamber also approves the bill, lawmakers from both the House and the Senate may need to discuss it again to settle any differences. Finally, the agreed-upon bill is sent to the President for approval. The President has several options at this stage. If the President signs the bill, it becomes a law. If the President does nothing and Congress is in session, the bill also becomes a law. However, if Congress is not in session, the bill does not pass. The President can also veto the bill, sending it back to both the Senate and the House. If two-thirds of the senators and two-thirds of the House members approve the bill again, they can override the veto and turn it into a law, even with the President's objection.
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The role of the Senate
The legislative process in California is a complex and lengthy procedure, with the State Legislature consisting of two houses: the Senate and the Assembly. The Senate plays a crucial role in this process, and its functions are varied and extensive.
Firstly, the Senate is responsible for proposing and drafting legislation. Any individual or group can approach a Senator to author a bill, and the Senator then sends the idea and proposed language to the Legislative Counsel's Office for drafting. The bill is then introduced at the Senate Desk, where it is assigned a number and read for the first time. The bill is then assigned to a policy committee, such as the Senate or Assembly Rules Committee, for further consideration and review.
The Senate also has the power to amend bills. If a bill is amended by the Assembly, the Senate can choose to concur with the amendments or refuse to accept them. If the Senate refuses to accept the amendments, the bill goes to a conference committee, consisting of members from both the Senate and the Assembly, to negotiate the differences. If the conference committee agrees on a single version, it goes back to both houses for approval.
Additionally, the Senate plays a role in fiscal matters. If a bill has a fiscal impact or state cost, it is heard in the Senate Appropriations Committee. Members of this committee will consider the fiscal arguments for and against the bill and review staff analysis of the bill's fiscal impact.
The Senate is also involved in the final stages of the legislative process. Once a bill has passed both houses, it is sent to the Governor for approval. The Governor has the option to sign the bill, approve it without signing, or veto it. If the Governor takes no action after 12 days, the bill is considered approved.
Furthermore, the Senate has certain responsibilities in the context of federal laws. While California senators do not directly propose federal laws, they can influence the process. State legislatures can "memorialize" Congress to enact specific federal laws by passing resolutions that are transmitted to the Senate as memorials. Senators may then introduce these proposals as bills, either in their original form or with amendments.
In conclusion, the role of the California State Senate is multifaceted and crucial to the legislative process. Senators are involved in the entire lifecycle of a bill, from its initial proposal and drafting to its amendment, approval, and final passage into law. The Senate's collaboration with the Assembly and the Governor is essential to ensure the effective creation and enactment of legislation in the state of California.
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The role of the House of Representatives
The legislative process in the United States is a crucial aspect of the country's democratic system, with a specific focus on protecting the interests of minorities and ensuring ample opportunities for discussion and consideration. This process involves the House of Representatives, which plays a significant role in proposing, debating, and enacting laws.
The House of Representatives is one of the two chambers that comprise the United States Congress, as outlined in Article I, Section 1 of the United States Constitution. It is designed to be the chamber where most laws originate, as it represents the population as a whole. The House of Representatives has specific responsibilities and procedures that guide its legislative functions.
One notable aspect of the House's role is its authority to initiate revenue-raising bills. According to Article I, Section 7 of the Constitution, all bills related to raising revenue must originate in the House. While the Senate can propose amendments to these bills, the House holds the primary power in this area. Additionally, by tradition, general appropriation bills also originate in the House.
The House of Representatives follows a structured process for introducing and debating bills. Any individual or group can propose an idea for legislation, which a Member of the House then sends to the Legislative Counsel's Office for drafting into a bill. This draft is reviewed by the legislator and the originating group or individual to ensure it aligns with their intentions. The bill is then introduced and read for the first time in the House, where it receives a number and a descriptive title.
After the initial introduction, the bill is assigned to relevant committees for further consideration. The Rules Committee refers the bill to policy committees based on its subject matter, and bills requiring funding are directed to the fiscal committees. During the committee stage, testimony is heard in support of or opposition to the bill, and the committee members vote on it. If the bill passes the committee stage, it proceeds to the floor of the House for further debate and a roll call vote. If it receives the necessary majority vote, it moves on to the Senate for further deliberation.
In conclusion, the House of Representatives plays a crucial role in the legislative process, particularly in initiating revenue-related bills and shaping the majority of laws. The procedures in place ensure that ideas can be proposed by citizens and that thorough discussions and amendments can occur before a bill becomes a law. This safeguards the interests of all parties involved and reinforces the democratic nature of the United States government.
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The process of amending a bill
The legislative process in California begins when an individual or group persuades a member of the Legislature to author a bill. The member sends the idea and proposed language to the Legislative Counsel's Office, where the bill is drafted. The bill is then introduced at the Senate or Assembly Desk, given a number, and read for the first time.
Committee Assignment and Consideration:
After the first reading, the bill is assigned to the appropriate committee(s) for further consideration. The Rules Committee refers the bill to one or more policy committees based on its subject matter. Bills with a fiscal impact or state cost are also heard in the fiscal committees, such as the Senate or Assembly Appropriations Committee. During the committee stage, testimony is heard in support of or opposition to the bill, and amendments can be proposed. The committee then votes on the bill, recommending to Pass, Not Pass, or Amend it.
Second Reading and Third Reading:
If the bill passes through the committee, it proceeds to the second reading on the floor in the house of origin. After the second reading, it is assigned to a third reading, where the author presents the bill for passage by the entire house. Most bills require a majority vote, while some require a two-thirds vote. At any time during the legislative process, the bill can be amended, either in committee or on the Floor. Amendments can be substantial or technical, and they may impact stakeholders' positions on the bill.
Proceeding to the Second House:
After the third reading, if the bill passes without amendments or with concurred amendments, it is forwarded to the second house, where it undergoes a similar process. It is read for the first time, assigned a number, and goes through committee consideration and readings. If the second house amends the bill, it returns to the house of origin for concurrence. If the house of origin does not concur, the bill goes to a conference committee, consisting of members from both houses, to negotiate differences. If the conference committee agrees on a single version, it goes back to both houses for approval.
Governor's Approval:
Once the bill passes both houses, it is sent to the governor for approval. The governor has several options: signing the bill into law, approving it without a signature, vetoing it, or taking no action. If the governor approves the bill, it is sent to the Secretary of State, who assigns it a chapter number. The bill typically becomes a law on the following year's January first, provided that 90 days have passed since the legislative session ended. Bills with urgency clauses take effect immediately upon filing with the Secretary of State.
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Frequently asked questions
California senators can propose federal laws by petitioning or transmitting their proposals to a Member of the Legislature. The right to petition is guaranteed by the First Amendment to the Constitution.
The legislative process in California starts with an idea proposed by an individual, group, state agency, or the Governor. The proposal is then drafted into a bill by the Legislative Counsel's Office and introduced by a legislator from either the Senate or Assembly. The bill is assigned a number and a title and goes through committee processes, including policy and fiscal committees, before being voted on. If the bill passes, it is sent to the other house for further consideration. If it passes both houses, it goes to the Governor for approval, who has 12 days to sign, approve without signing, or veto the bill. If the Governor does nothing, the bill is considered approved.
A public bill affects the general public, while a private bill concerns a specific individual or entity. Private bills are typically used for matters like immigration, naturalization, and claims against the United States.
The Rules Committee refers the bill to one or more policy committees for further consideration. The Rules Committee also appoints members to the conference committee, which is composed of three members from the Senate and three from the Assembly, to negotiate differences between the houses.
If a bill is amended by the other house and the house of origin refuses to concur with the amendments, the bill goes to a conference committee. If the house of origin concurs, the bill goes directly to the Governor.
