California's Policy-To-Law Process: Understanding The System

how does a policy become law in california

In California, a bill can be introduced by a legislator or a group of legislators, sometimes with input from an advocacy organisation. The bill is then sent to committee, where a small subset of state senators or assembly members decide whether to advance it to a vote. If the bill passes this stage, it goes through floor action, where it gets amendments and a vote in one chamber, before the process is repeated in the other chamber. If amendments are made, the original chamber revotes. If the bill passes, it goes to the governor, who can sign it into law.

Characteristics Values
Who can propose a bill? A sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them.
What happens once a bill is introduced? It is assigned to a committee whose members will research, discuss, and make changes to the bill.
What happens after the committee stage? The bill is put before that chamber to be voted on.
What happens if the bill passes one body of Congress? It goes to the other body to go through a similar process of research, discussion, changes, and voting.
What happens once both bodies vote to accept a bill? They must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.
What happens when the bill is presented to the president? The president can approve the bill and sign it into law, or refuse to approve a bill (veto).
What happens if the president chooses to veto a bill? In most cases, Congress can vote to override that veto and the bill becomes a law.
What is a pocket veto? If the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This cannot be overridden by Congress.
What is the process for a bill to become a law in California? A legislator or group of legislators drafts a bill, sometimes with input from an advocacy organization. The bill goes to committee; a small subset of state Senate or Assembly members decide whether to advance it to a vote. The bill gets amendments and a vote in one chamber, and the process is repeated for the other chamber. If necessary, the original chamber revotes with amendments. If the governor signs, the bill becomes law.

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The role of the governor

Notably, a vetoed bill may still become law without the governor's signature if two-thirds of the membership of both houses vote to enact it. On the other hand, if the governor does not sign off on a bill, and it remains unsigned when the legislative session ends, the bill will be vetoed by default. This is called a "pocket veto" and cannot be overridden by the legislature.

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The legislative process

Introduction of a Bill:

A legislator or a group of legislators drafts a bill, which is a proposal for a new law or a change to an existing one. The bill is then introduced in the California Legislature, which consists of the State Senate and Assembly.

Committee Hearing:

After introduction, the bill is referred to a relevant committee, such as a policy committee or a fiscal committee, for review and discussion. The committee may make amendments, pass it unchanged, or defeat it. This stage includes hearing testimonies from supporters and opponents of the bill and preparing written analyses.

Second and Third Readings:

The bill that has been reported out of committee is read a second time and then assigned a third reading on the floor of the house of origin. After the third reading, a roll call vote is taken. If the bill passes, it moves on to the other house, where the process is repeated.

Concurrence and Amendments:

If the bill passes through the second house without amendments, it is sent to the governor for approval. However, if amendments are made, the bill goes back to the house of origin for concurrence. If the house of origin does not concur, a joint conference committee is formed until concurrence is reached.

Enrollment and Consideration by the Governor:

During enrollment, the final version of the bill is printed and proofread to ensure accuracy. The bill is then delivered to the governor's office for consideration. The governor has 12 days to approve or veto the bill. If the governor takes no action after 12 days, the bill becomes a statute without their signature.

Veto and Override:

If the governor vetoes the bill, it is returned to the house of origin with a letter explaining the objections. The vetoed bill can still become law if two-thirds of both houses vote to override the veto. However, if the governor does not sign off on the bill before the end of the legislative session, it is vetoed by default, known as a pocket veto, which cannot be overridden.

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The bill-drafting process

Once the 30-day waiting period has passed, the bill is referred to a policy committee for a hearing. Some bills are 'double referred' to two policy committees. Bills that will have a fiscal impact must be heard by the house of origin's fiscal committee before a floor vote is taken. At the committee stage, legislators hear testimony in support of or opposition to the bills in an open hearing. Committees prepare written analyses of each bill, describing the effect of the proposed legislation and noting supporting and opposing viewpoints of individuals and organisations. Following the conclusion of the open hearing, committee members vote on the bill. Committees may act on legislation in several ways: they may pass a bill with amendments, pass a bill unchanged, hold a bill, 'kill' a bill, or refer a bill to another committee. Once a committee reports a bill out of the committee, the bill must be placed on second reading for the adoption, or ratification, of the committee's recommendation.

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Committee hearings

During the committee stage, the bill is presented, and legislators hear testimony in support of or opposition to the bill in an open hearing. Committees prepare written analyses of each bill, describing the effect of the proposed legislation and noting supporting and opposing viewpoints of individuals and organizations. Following the conclusion of the open hearing, committee members vote by roll call on the bill. Committees may act on legislation in numerous ways, including passing a bill with amendments, passing a bill unchanged, holding a bill, defeating a bill, or referring a bill to another committee. Once a committee reports a bill out of the committee, the bill must be placed on second reading for the adoption, or ratification, of the committee's recommendation.

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The bill-signing process

  • Introduction of the Bill: A legislator or a group of legislators drafts a bill, which is then introduced in the California Legislature. The bill is assigned a request number and given to the Chief Clerk, who sends it to be printed. Bills must be in print for 30 days before any action or votes can be taken.
  • Committee Hearing: After 30 days, the bill is referred to a policy committee for a hearing. Some bills are "double-referred" to two committees, especially if they have sensitive subjects or exceed one committee's jurisdiction. Bills with a fiscal impact must be heard by the fiscal committee before a floor vote. During the committee stage, legislators hear testimony and discussions about the bill in an open hearing. Committees then prepare written analyses, noting the bill's effects and the viewpoints of individuals and organizations. After the hearing, committee members vote on the bill, and they may pass it with amendments, without changes, or defeat it. Once a bill is reported out of committee, it proceeds to the next stage.
  • Second and Third Readings: The bill is read a second time on the floor and then assigned to a third reading. After the third reading in the house of origin, a roll call vote is taken. If the bill passes, it moves to the other house, repeating the same procedure. If the bill passes through the second house without amendments or with concurred amendments, it is sent to the governor for approval. However, if the house of origin does not concur with the amendments, the bill is sent to a joint conference committee until concurrence is achieved.
  • Enrollment and Consideration by the Governor: This stage involves printing and proofreading the final version of the bill to ensure accuracy. The bill is then delivered to the governor's office. The governor has 12 days to consider the legislation. If the governor does not veto or return the bill within this period, it becomes a statute without their signature. However, at the end of each legislative session year, the governor has 30 days to consider bills passed by the adjournment deadline. Typically, bills signed by the governor become law on the following January 1. The governor may veto a bill by returning it to the house of origin without a signature, along with a letter explaining their objections. Vetoed bills may still become law if two-thirds of both houses vote to enact them.

Frequently asked questions

The first step is for a legislator or group of legislators to draft a bill. This can sometimes be done with input from an advocacy organization.

The bill is then sent to committee, where a small subset of state senators or assembly members decide whether to advance it to a vote.

If the governor signs the bill, it becomes a law.

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