Keith Mack
The process of a bill becoming a law in California can be confusing and inaccessible to the public. However, understanding the legislative process is crucial for passing policies that improve the lives of Californians. The journey of a bill to a law involves multiple stages, including drafting, committee hearings, readings, votes, and, ultimately, approval or veto by the governor. This complex process ensures that laws are created in the best interests of California's citizens.
What You'll Learn
How an idea becomes a bill
The legislative process in California begins with an idea. Ideas for new laws can come from anyone—a citizen, legislator, organised group, state agency, or the Governor. The process starts when someone persuades a member of the Legislature (a Senator or Assembly Member) to author a bill. Each legislator is limited to introducing 50 bills per two-year session.
The legislator, acting as the author, sends the idea and language for the bill to the Legislative Counsel's Office, where it is drafted into the actual bill. The California State Constitution mandates that every act must embrace a single subject, and this subject must be expressed in the title of the measure. Additionally, every law must contain the enacting clause: "The people of the State of California do enact as follows...".
The drafted bill is then returned to the legislator for review. The persons or groups that originated the idea may also review the bill to ensure their desired provisions are included. If the author is a Senator, the bill is introduced at the Senate Desk; if an Assembly Member, it is introduced at the Assembly Desk. At this point, the bill 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. Bills are assigned according to their subject matter. They must appear in the Daily File for four days before being heard in a committee. This agenda, along with public notice of bills set for committee hearings, allows citizens to keep track of bills and plan to testify at hearings if desired.
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The bill goes to a policy committee
Once a bill has been introduced and read for the first time in the house of origin, it is assigned to a policy committee. This is done by the Rules Committee, which refers the bill to one or more policy committees. Bills are assigned to policy committees according to their subject matter.
There is a 30-day waiting period before a bill can be heard in a policy committee. This waiting period can be waived by a three-fourths or three-quarter vote in the house. Each bill must appear in the Daily File for four days prior to 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.
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.
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. Bills that require money must also be heard in the fiscal committees of each house.
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The bill passes the House of Origin
The bill is read for the third time in the House of Origin before it is approved. During this stage, the author of the bill explains it, and it is discussed by the members before the roll call vote. If the bill is amended in the Second House, it must return to the House of Origin for concurrence, which is an agreement on the amendments. If the House of Origin does not agree with the amendments, the bill moves to a conference committee with members from both houses to resolve the differences. Once a compromise is reached, the conference report is voted on by both houses.
The bill then moves to the Governor, who has three options: signing the bill into law, allowing it to become law without their signature, or vetoing it. The Governor typically has 12 days to make a decision, but this period can be extended to 30 days if the deadline falls near the annual winter recess. If the Governor vetoes the bill, the Legislature can override the veto with a two-thirds vote in both houses. Most bills that are signed by the Governor or passed through an override go into effect on January 1 of the following year. However, urgency measures take effect immediately upon being signed and filed with the Secretary of State.
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The bill goes to the Second House
Once a bill passes the first house, it moves to the second house, where it goes through the committee process again. This is known as the Third Reading. At this stage, the author presents the bill for passage by the entire second 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).
During the Third Reading, the bill can be amended, either in committee or on the Floor. After any amendments have been submitted, the bill is sent for another printing to reflect these changes. Amendments can be substantial or technical and may affect positions on the bill. It is important to follow amendments carefully and communicate any changes in position to the author and legislator.
If the second house amends the bill and the house of origin refuses to concur with these amendments, the bill will go to a conference committee. This committee consists of three members from the Senate and three from the Assembly, who negotiate the differences. If they agree on a single version, it goes back to both Floors for approval.
If the bill passes the second house without amendments or with concurred amendments, it is forwarded to the governor for approval. The governor has several 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 is considered approved. However, at the end of the legislative session, the governor has 30 days to decide.
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The bill goes to the Governor
Once a bill has passed 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 is considered approved. However, if the bill is submitted near the annual winter recess, the Governor has 30 days to decide.
If the Governor approves and signs the bill, it is sent to the Secretary of State, who assigns it a chapter number. This copy is then stamped with the Great Seal of the State of California and becomes the official record and law of the state. The bill typically becomes a law on the following year's January 1, as long as at least 90 days have passed since the end of the legislative session. However, urgency measures take effect immediately upon being signed by the Governor and the Secretary of State. These types of bills affect the public peace, health, or safety and require a two-thirds vote for passage.
If the Governor chooses to veto the bill, it is returned to its house of origin without a signature, along with a letter explaining their objections. The veto message is made available to the public. The Legislature then has 60 calendar days to act upon the veto. A veto can be overridden by a two-thirds vote in both houses, at which point the bill becomes law.
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Frequently asked questions
A bill must pass through four stages to become a law in California. First, a legislator drafts the bill with input from an advocacy organisation. Second, the bill goes to committee, where a small group of state senators or assembly members decide whether to advance it to a vote. Third, the bill gets amendments and a vote in one chamber, before repeating the process in the other chamber. Finally, the bill goes to the governor, who can sign it into law, allow it to become law without their signature, or veto it.
To introduce a bill, a legislator instructs the Office of Legislative Counsel to draft the bill and assign it a request number. The bill is then delivered to the Assembly or Senate Chamber, where it is given a bill number by the Chief Clerk.
Once 30 days have passed since the bill was introduced, the Rules Committee of the bill's house of origin refers the bill to a policy committee for a hearing. Bills are assigned to policy committees according to their subject matter. During the hearing, the author presents the bill and people testify in support or opposition to it. After the hearing, the committee votes on the bill.
The bill is read a second and third time in the house of origin and then assigned to a third reading. After the third reading, there is another roll call vote. If the bill passes, it is sent to the other house for further consideration. If it passes through the second house without amendments or with concurred amendments, it is forwarded to the governor for approval.
