California Laws: Effective Dates And Implementation

California's legislative process is a complex, multi-step procedure that culminates in the enactment of new laws, amendments to existing laws, or the repeal of outdated laws. The journey from proposal to law involves several stages, including introduction and first reading, committee hearings, second and third readings, and, finally, approval by the governor. While the intricacies of each stage vary, one crucial aspect remains constant: the timeline for a bill to take effect. So, when exactly do California's laws come into force?

Bills must be in print for 30 days before any action can be taken

In California, the process of turning a bill into law can be complicated. However, there are four basic stages that all bills must pass. The first of these is the introduction of the bill, where 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. The Clerk then sends the bill to be printed.

Bills must be introduced and read for the first time in their house of origin and, crucially, they must be in print for 30 days before any action or votes can be taken on them. This 30-day waiting period allows time for public review of the bill. There are exceptions to this rule, however. Budget Bills, bills introduced in an Extraordinary Session, and resolutions are exempt from the 30-day waiting period. Furthermore, a three-fourths vote of the members of the house considering a measure will dispense with the 30-day requirement.

Once the 30-day waiting period has passed, the bill moves on to the second stage of the legislative process. It is referred to a policy committee for a hearing, where it is presented and legislators hear testimony in support of or opposition to the bill in an open hearing.

Overall, the requirement for bills to be in print for 30 days before any action is an important part of the legislative process in California, allowing for public review and input on proposed legislation.

Committee Hearing

The legislative process in California is a complex, multi-step procedure that requires careful consideration and adherence to specific guidelines. One of the critical steps in this process is the committee hearing, which plays a pivotal role in shaping a bill's future. Here's an in-depth look at the committee hearing stage:

The journey of a bill begins with an idea proposed by citizens, legislators, organised groups, state agencies, or even the Governor. This idea is then drafted into a bill by the Office of Legislative Counsel in collaboration with a legislator from either the Senate or Assembly. The bill is introduced and given its first reading in its house of origin, where it receives a number, a descriptive title, and is assigned to the relevant committees.

The 30-Day Rule

Before a bill can be discussed in a committee hearing, it must remain in print for 30 days. This waiting period allows for careful consideration of the proposed legislation and is mandated by the Rules Committee. However, in exceptional cases, this requirement can be waived with a 3/4 vote in the house.

Committee Assignment

The Rules Committee of the bill's house of origin refers the bill to a policy committee for a hearing. This committee assignment is based on the subject matter of the bill. In cases where the bill's scope exceeds the jurisdiction of a single committee or involves sensitive issues, it may be "double-referred" to two policy committees. Additionally, bills with fiscal implications must be heard by the fiscal committee of the house of origin before proceeding further.

The Hearing

During the committee hearing, the bill is presented, and legislators hear testimony from supporters and opponents of the bill in an open session. This stage provides an opportunity for the public to influence the legislative process and ensure their voices are heard. The committee members carefully consider the testimonies and supporting documents before casting their votes.

Committee Analysis and Vote

Committees prepare written analyses of each bill, outlining the proposed legislation's potential impact and summarising the viewpoints of individuals and organisations. After the hearing, committee members vote by roll call on the bill, deciding to pass it with or without amendments, hold it for further review, defeat it, or refer it to another committee. The committee's recommendation is then reported to the house of origin.

Impact of Committee Hearing

The committee hearing stage is crucial as it provides a platform for public input and expert testimony, helping to shape the bill's trajectory. It is an essential step in the legislative process, ensuring that proposed laws are thoroughly vetted, discussed, and analysed before advancing to the next stages of becoming California laws.

Second and Third Readings

The second reading of a bill occurs after it has been reported out of committee—either the policy or fiscal committee—to the floor of either the Assembly or the Senate. This process occurs whether the bill has been amended or not. A bill can be on its second reading several times, such as when it has been reported out of the policy committee and then again after being reported out of the fiscal committee. There is a Second Reading portion in both the Assembly and Senate Daily Files. This portion lists by file number (assigned to each bill once it has been listed in the File) each bill that has been reported out of committee to the floor. The general rule is that a bill remains on the Second Reading File for one day before moving to the Third Reading File. No floor analysis is prepared for the Second Reading file bills.

The third reading of a bill takes place when it is about to be taken up for consideration (i.e., presentation, debate, and vote) on either the Assembly Floor or the Senate Floor for final passage. There is a Third Reading portion in both the Assembly and Senate Daily Files. This portion lists by file number each bill that is eligible to be taken up for a final vote on either Floor. A Third Reading Analysis is prepared for bills eligible for consideration on either the Assembly or Senate Floors. This analysis of the bill generally provides an explanation of existing law, what this bill does to existing law, any amendments, a listing of supporters and opponents, etc.

After the third reading of the bill, there will be another roll call vote. If the bill passes, it is sent to the other house for further consideration, and the foregoing procedure begins anew. If the bill is voted upon and 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.

Enrollment and Consideration by the Governor

Once a bill is passed by the California State Senate and Assembly, it is sent to the governor, who has several options available to them. They may choose to sign the bill, in which case it becomes law. Alternatively, the governor could veto the bill, returning it to the house of origin along with a statement of their objections. This veto can be overridden by a two-thirds vote in both houses of the Legislature.

If the governor takes no action on a bill for a period of 12 days or more (excluding Sundays) after receiving it, the bill automatically becomes law. However, if the Legislature adjourns before the governor has acted, the bill does not become law—this is known as a "pocket veto".

Additionally, the governor has the power to make "sectional vetoes", approving bills with exceptions or modifications by striking out specific sections while allowing the rest to become law. Reasons for these vetoes must be provided, and the Legislature can then choose to accept the changes or override the veto.

The governor's role in this process is significant, as they can shape the final form of a bill. Their considerations may include evaluating the merits of the bill, its potential impact, and alignment with their policy agenda. The implications of their decision on relationships with the Legislature, public opinion, and political capital may also be factors in their decision-making process.

Bills with urgency clauses are effective on the date of filing with the Secretary of State

In California, bills are proposed ideas for new laws. They are drafted by the Office of Legislative Counsel and introduced by a legislator. To become a law, a bill must pass through several stages.

Once a bill has been introduced, it must be in print for 30 days before any action or votes can be taken on them. After this waiting period, the bill is referred to a policy committee for a hearing. The committee can pass the bill, pass it with amendments, or defeat it. If the bill is passed, it is then read a second and third time on the floor in the house of origin, before being referred to the other house, where the process begins anew. If the bill is voted through without amendments, or with concurred amendments, it is sent to the Governor for approval.

If a bill is amended in the second house, it must go back to the house of origin for concurrence. If agreement cannot be reached, the bill moves to a two-house conference committee to resolve differences. Once a compromise is reached, the conference report is voted on in both houses, and the bill is sent to the Governor.

The Governor can sign the bill into law, allow it to become law without their signature, or veto it. The Governor has 12 days to consider legislation. If the Governor does not veto or return the bill within this time, it becomes a statute without their signature. The exception to this is at the end of each year of the legislative session, when the Governor has 30 days to consider bills. Bills signed by the Governor typically become law on the following January 1.

However, bills with urgency clauses are effective on the date of filing with the Secretary of State. An urgency clause is a section added to the end of a bill that makes it immediately take effect when signed into law by the Governor. These clauses are typically used for bills that are "necessary for the immediate preservation of the public peace, health, or safety". Urgency bills require a two-thirds vote in both houses for approval, and there are certain limitations on their use. For example, an urgency statute may not create or abolish any office, change the salary or duties of any office, or grant any franchise or special privilege.

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