Understanding California's Lawmaking Process

The process of turning a bill into a law in California is commonly referred to as the Legislative Process. All legislation starts as an idea, which can come from anyone. The process begins when a Senator or Assembly Member decides to author a bill. A legislator sends the idea for the bill to the Legislative Counsel, where it is drafted into the actual bill. The draft is then returned to the legislator for introduction. If the author is a Senator, the bill is introduced in the Senate; if an Assembly Member, in the Assembly. A bill is then introduced and read for the first time in its house of origin. The bill is then given a number, a descriptive title and assigned to the appropriate committee(s) for further consideration.

How a bill is introduced

The process of introducing a bill begins with an idea, which can come from anyone. The process formally begins when a member of the California State Legislature decides to author a bill. A legislator then sends the idea for the bill to the Legislative Counsel, where it is drafted into an actual bill. The draft is then returned to the legislator for review. The author of the bill, if a Senator, will introduce the bill at the Senate Desk; if an Assembly Member, at the Assembly Desk. Here, the bill is assigned a number and read for the first time. The bill is then sent to the Office of State Printing to be printed. No bill may be acted upon until 30 days have passed since its introduction. This waiting period can be waived by a three-fourths vote in the house.

The bill then goes to the Rules Committee of the house of origin, where it is assigned to the appropriate policy committee for its first hearing. Bills are assigned to policy committees according to their subject area. For example, a Senate bill dealing with health care facilities would first be assigned to the Senate Health and Human Services Committee for policy review. Bills that require the expenditure of funds must also be heard in the fiscal committees: Senate Appropriations or Assembly Appropriations. Each house has a number of policy committees and a fiscal committee, each made up of a specified number of Senators or Assembly Members.

Committee hearing

Once a bill has been introduced and read for the first time, it must then wait 30 days before it can be heard in a committee hearing. This waiting period can be waived if there is a 3/4 vote in the house. During the committee stage, the bill is presented and testimony is heard in support of or opposition to the bill. Committees will prepare written analyses of each bill, describing the effect of the proposed legislation and noting the supporting and opposing viewpoints of individuals and organisations.

The bill is then assigned to the appropriate policy committee for its first hearing. Bills are assigned to policy committees according to their subject matter. For example, a Senate bill dealing with health care facilities would first be assigned to the Senate Health and Human Services Committee for policy review. Bills that require the expenditure of funds must also be heard in the fiscal committees: Senate Appropriations or Assembly Appropriations. Each house has a number of policy committees and a fiscal committee, and each committee is made up of a specified number of Senators or Assembly Members.

During the committee hearing, the author presents the bill to the committee, and testimony can be heard in support of or opposition to the bill. The committee then votes by passing the bill, passing the bill as amended, or defeating the bill. Bills can be amended several times. It takes a majority vote of the full committee membership for a bill to be passed by the committee.

If the bill passes through the committee without amendments, it is sent to the house of origin for the second and third reading. If the bill does not pass through the committee, and is not reconsidered in its house of origin within 15 days, it is returned and not considered for the remainder of that session. If the committee recommends that the bill be passed as amended, it is then either sent to the next committee or to the floor.

Second and third readings

If a bill has passed through the committee, it is read a second time on the floor in the house of origin and then assigned to a third reading. After the third reading of the bill in the house of origin, another roll call vote is taken. If the bill passes, it is referred to the other house and the whole procedure begins again.

During the second reading, the bill is read for a second time on the floor in the house of origin. This is an important stage as it is the last chance for the bill to be amended before it is voted on. The bill is then assigned to a third reading.

At the third reading, the bill is explained by the author, discussed by the members, and voted on by a roll call vote. Bills that require an appropriation or that take effect immediately generally require 27 votes in the Senate and 54 votes in the Assembly to be passed. Other bills generally require 21 votes in the Senate and 41 votes in the Assembly. If a bill is defeated, the Member may seek reconsideration and another vote.

Once the bill has been approved by the house of origin, it proceeds to the other house where the procedure is repeated. If a bill is amended in the second house, it must go back to the house of origin for concurrence, which is an agreement on the amendments. If agreement cannot be reached, the bill is referred to a two-house conference committee to resolve differences. Three members of the committee are from the Senate and three are from the Assembly. If a compromise is reached, the bill is returned to both houses for a vote.

Resolution of differences

Once a bill has been approved by the house of origin, it proceeds to the other house where the procedure is repeated. If a bill is amended in the second house, it must go back to the house of origin for concurrence, which is an agreement on the amendments. 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. This committee is made up of three members from the Senate and three from the Assembly, and their task is to negotiate and resolve differences. If they can agree on a single version, it goes back to both houses for approval. If a compromise is reached, the bill is returned to both houses for a vote.

If both houses approve a bill, it then goes to the Governor. The Governor has 12 days to either sign, approve without signing, or veto the bill. If the Governor does nothing after 12 days, the bill is considered approved. If vetoed, the bill must be returned to its house of origin by September 30th of that year, or it becomes law by default. A governor's veto can be overridden by a two-thirds vote in both houses.

Governor's decision

Once a bill has successfully navigated its way through both houses of the California State Legislature, it is sent to the Governor for approval. The Governor has three options: they can sign the bill into law, allow it to become law without their signature, or veto it. Typically, the Governor has 12 days to make a decision, after which the bill automatically becomes law. However, at the end of the legislative session, the Governor has 30 days to consider bills passed by the adjournment deadline of the Legislature.

If the Governor chooses to veto a bill, they must return it to its house of origin without a signature, along with a letter explaining their objections. This letter is printed in the Journal and File of the house from which the bill originated. Despite the Governor's veto, the bill may still become law if two-thirds of both houses vote to enact it.

If the Governor approves a bill, either by signing it or by allowing it to pass without their signature, it is sent to the Secretary of State, who assigns it a chapter number. The bill officially becomes a law on the first of January of the following year, provided that at least 90 days have passed since the end of the legislative session. Bills with urgency clauses, which affect public peace, health, or safety, take effect immediately after being signed or allowed to become law without a signature.

Frequently asked questions