California's Senate Bills: Laws In The Making

The process of how a Senate bill becomes a law in California is known as the Legislative Process. It begins with an idea, which can come from anyone, and is then drafted into a bill by the Legislative Counsel's Office. The bill is introduced at either the Senate or Assembly Desk, where it is assigned a number and read for the first time. It then goes to the Rules Committee, which assigns it to a policy committee. After 30 days, the bill is heard in committee, where it can be amended, passed, or defeated. If passed, it is read for the second time on the Floor and then assigned a third reading. If it passes the third reading, it goes to the Second House, where the process begins again. If it passes the Second House, it goes to the Governor, who can sign it into law, veto it, or allow it to become law without a signature.

How a bill is introduced

The process of introducing a bill begins with an idea. Anyone can propose an idea for legislation, and the process begins when an individual or group persuades 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 an actual bill. The drafted bill is then returned 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 in the correct form.

If the author is a senator, the bill is introduced at the Senate Desk; if an Assembly Member, at the Assembly Desk, where it is assigned a number and read for the first time. The bill is then sent to the Office of State Printing. No bill may be acted upon until 30 days have passed from the date of its introduction.

After the 30-day waiting period, the bill goes to the Senate or Assembly Rules Committee, where it is assigned to a policy committee. Bills are assigned to policy committees according to their subject matter, and bills that require funding must also be heard in the fiscal committees of each house.

Committee hearing

Once the 30-day waiting period has passed, the bill is referred to a policy committee for a hearing. This is done by the Rules Committee of the bill's house of origin. Some bills are ""double referred" to two policy committees, especially those with sensitive subject areas or those that exceed the jurisdiction of one policy committee. Bills that will have a fiscal impact must be heard by the house of origin's fiscal committee before a floor vote is taken on the bill.

At the committee stage, bills are presented and 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 organizations. Following the conclusion of the open hearing, committee members vote by roll call 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” or defeat a bill, or refer a bill to another committee. Once a committee reports a bill out of committee, the bill must be placed on second reading for the adoption, or ratification, of the committee’s recommendation.

Bills can be amended several times while in the committee stage, and a majority vote of the full committee membership is needed for a bill to be passed and sent either to the next committee or to the floor.

Each house maintains a schedule of legislative committee hearings. Prior to a bill's hearing, a bill analysis is prepared that explains current law, what the bill is intended to do, and some background information. Typically, the analysis also lists organizations that support or oppose the bill. Letters of support or opposition are important and should be mailed to the author and committee members before the bill is scheduled to be heard in committee.

Second and third readings

Once a bill has been approved by the house of origin, 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 entire process begins again. If the bill is voted on and passes through the second house without amendments or with concurred amendments, it is sent to the governor for approval. 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.

The second reading is a stage in the legislative process where a bill is read a second time on the floor in the house of origin. This typically occurs after the bill has passed through a committee and been assigned to a third reading. During the second reading, the bill may be debated and amended before being voted on by the members of the house of origin.

The third reading is the final stage that a bill goes through in the house of origin before it passes 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, 54 in the Assembly). After the third reading, another roll call vote is taken, and if the bill passes, it moves on to the next stage of the legislative process.

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 agreement cannot be reached, the bill is referred to a two-house conference committee to resolve differences. The committee is made up of three members from the Senate and three from the Assembly. They negotiate to reach a single version of the bill. If a compromise is reached, the bill is returned to both houses for a vote.

If the house of origin does not concur with the amendments made by the opposite house, the bill will go to a conference committee. Members of the conference committee are appointed by the Rules Committees. If they agree on a single version, it goes back to both floors for approval.

If the bill passes through both houses, it is forwarded to the governor for approval. 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, but this rarely happens.

The governor's signature is not the final step. Bills that are passed by the Legislature and approved by the governor are assigned a chapter number by the Secretary of State. These Chaptered Bills then become part of the California Codes. The California Codes are a comprehensive collection of laws grouped by subject matter.

Governor's consideration

Once a bill has been approved by both houses of the California State Legislature, it is sent to the Governor for consideration. The Governor has three options: they can sign the bill into law, allow it to become law without their signature, or veto it. If the Governor does nothing for 12 days, the bill is considered approved.

If the Governor vetoes the bill, it is returned to its house of origin, along with a letter explaining their objections. This veto can be overridden by a two-thirds majority vote in both houses of the Legislature, although this rarely happens.

If the Governor approves the bill, it is sent to the Secretary of State, who assigns it a chapter number. The bill becomes a law on the following 1st of January, as long as 90 days have passed since the end of the legislative session. Bills with urgency clauses are effective on the date of filing with the Secretary of State.

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