California's Path: Idea To Law

Ideas for legislation in California can come from anyone, including citizens, legislators, organised groups, state agencies, or the Governor. These ideas are then brought to the attention of legislative staff, who research the bill idea to see how viable it is, how it will fit into the members' package, how it will impact their district, and what political implications it has. The idea is then sent to the Legislative Counsel unit at the Capitol, which drafts the bill. Once the bill is drafted, it is sent back to the legislator for introduction. If the author is a Senator, the bill is introduced in the Senate, and if the author is an Assembly Member, the bill is introduced in the Assembly.

Legislative Process

The legislative process in California is the process by which bills are considered and laws enacted. The California State Legislature consists of two houses: the Senate and the Assembly. The process by which an idea becomes a law in California is outlined below:

Ideas for legislation can come from anyone, including citizens, legislators, organised groups, state agencies, or the Governor. Once an idea has been conceived, it is sent to the Legislative Counsel, a unit of lawyers tasked with drafting legislation, to be drafted into a bill. The bill is then introduced or read for the first time in the house of origin (either the Senate or the Assembly, depending on the author of the bill) and given a number and a descriptive title.

First Reading/Introduction

After the first reading, the bill is sent to the Office of State Printing and then 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 matter, and bills that require funding are also heard in the fiscal committees of each house. During the committee stage, the bill is presented, and testimony is heard in support of or opposition to the bill. After an open hearing, the committee votes on the bill, and the committee chair reports the committee's recommendations to pass, not pass, or amend the bill.

Second & Third Reading

If the bill passes through the committee without amendments, it is sent back to the house of origin for the second and third readings. If the bill does not pass through the committee, it is returned and not considered for the remainder of that session unless it is reconsidered in its house of origin within 15 days. If the committee recommends amendments, the bill is sent to the next committee or to the floor. Bills may be amended several times while in the committee stage, and a majority vote of the full committee is needed for the bill to pass and be sent to the next committee or the floor.

After the third reading of the bill, there is another roll call vote. If the bill passes, it is sent to the other house for further consideration, repeating the procedure outlined above. If the bill passes through the second house without amendments or with concurred amendments, it is forwarded 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.

Resolution of Differences

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 an agreement cannot be reached, the bill is referred to a two-house conference committee to resolve differences. The committee consists of three members from the Senate and three from the Assembly. If a compromise is reached, the bill is returned to both houses for a vote.

Governor Approval

Once a bill passes through both houses, the Governor has three choices: the Governor can sign the bill into law, allow it to become law without their signature, or veto it. A governor's veto can be overridden by a two-thirds vote in both houses. Most bills go into effect on the first day of January of the following year, while urgency measures take effect immediately after being signed or allowed to become law without a signature.

The legislative process in California involves multiple stages, from the introduction of a bill to committee hearings, readings, and, ultimately, approval by the Governor. This process ensures that ideas are thoroughly considered and vetted before becoming laws.

Legislative Package

Ideas for legislation can come from anyone—a citizen, legislator, organised group, state agency, or the Governor. During the pre-introduction or idea phase, legislative staff research bill proposals for their boss's legislative package. Members of the Senate can introduce up to 40 bills during a 2-year cycle, and in the Assembly, members can introduce up to 50 bills in a 2-year cycle.

Once a legislative package is finalised, members will begin to introduce their bills. This is done by submitting bill language with the proper signatures of authors and co-authors to the desk in the house in which the member serves. The bill is then given a number, a descriptive title, and assigned to the appropriate committee(s) for further consideration.

During the committee stage, the bill is presented, and testimony is heard in support or opposition to the bill. After a committee holds an open hearing, they will vote by roll call on the bill. The committee chair then reports the committee recommendations to pass, not pass, or amend the bill. 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.

Rules Committee

Once a bill has been introduced, it will be sent to the Rules Committee in its house of origin. This committee is responsible for examining the language of the bill and determining which standing committees within the house have jurisdiction over the bill's content. The bill is then assigned to the appropriate policy committee(s) for further consideration and review.

Bills are assigned to policy committees based on their subject matter. For instance, a bill concerning healthcare facilities would first be assigned to the Senate Health and Human Services Committee for policy review. Bills that require funding must also be heard by the fiscal committees of each house, such as the Senate or Assembly Appropriations Committee.

The Rules Committee plays a crucial role in ensuring that bills are directed to the relevant committees for review and discussion. This step in the legislative process helps to ensure that bills are thoroughly examined and debated before progressing further in their journey towards becoming laws in California.

The Rules Committee is just one part of the complex legislative process in California. The process begins with an idea, which can come from anyone, and is then drafted into a bill by the Legislative Counsel's Office. After introduction and a first reading, the bill moves to the Rules Committee and then to the relevant policy and fiscal committees. The bill undergoes several readings, amendments, and votes before potentially becoming a law.

Policy Committee

Once a bill has been introduced, it will be sent to the Rules Committee in its respective house. This committee is tasked with looking at the language of the bill and deciding which standing committees in the house have jurisdiction over the content of the bill and then assigning the bill to be heard in those committees. A bill can be referred to multiple committees depending on the content. 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.

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, together 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 you live out of town and plan to testify at the hearing, it is a good idea to call the author or your legislator to make sure that the bill is going to be heard on that date. Sometimes bills are taken off the agenda at the last moment.

During the committee stage, the bill is presented and testimony is heard in support or opposition to the bill. After a committee holds an open hearing, they will vote by roll call on the bill. The committee chair then reports the committee recommendations to Pass, Not Pass, or Amend the bill. Bills may be amended several times while in the committee stage, and a majority vote of the full committee is needed for the bill to be passed and sent either to the next committee or to the floor.

The committee process is the opportune time for interest groups to weigh in on bills and discuss any issues or opportunities they may see with the bill. This is the time when coalitions come together to discuss and work out issues, usually with the legislator's staff and the committee staff. The committee process is also the time for legislators to make their concerns or support for bills known and work with each other.

Governor's Approval

Once a bill has been approved by both houses of the California State Legislature, it is sent to the Governor for approval. The Governor has 12 days to decide whether to sign the bill into law, allow it to become law without their signature, or veto it. If the Governor takes no action after 12 days, the bill is considered approved. If the bill is vetoed, it must be returned to its house of origin by September 30th of that year, or it becomes law by default. If the Governor approves and signs the bill, it is sent to the Secretary of State, who assigns it a chapter number. The bill becomes a law on the following January 1st, as long as 90 days have passed since the end of the legislative session. Bills with urgency clauses take effect immediately after being signed or allowed to become law without a signature.

The Governor's legislative staff analyse the bills and make recommendations to them. If a bill is vetoed, the Governor's office releases messages explaining the veto, which are available to the public.

Even after a bill has been sent to the Governor, it is still possible to act. A letter or phone call to the Governor's office is a good way to state your position on the bill.

Frequently asked questions