Cecily Zamora
The process of a bill becoming a law in California is a lengthy one. It starts with an idea, which can come from anyone, and is then drafted by the Office of Legislative Counsel. The bill is then introduced in the Senate or Assembly, where it is assigned a number and read for the first time. After 30 days, the bill goes to a policy committee, where it is presented and legislators hear testimony in support or opposition. If the bill passes the committee stage, 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, there is a roll call vote, and if the bill passes, it is sent to the other house for further consideration. If the bill passes the second house without amendments, 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, 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, and the bill becomes a law on the following January 1st, provided that 90 days have passed since the end of the legislative session.
What You'll Learn
How a bill becomes a law
The process of a bill becoming a law in California is a multi-step procedure that begins with an idea and ends with the governor's approval. Here is a detailed overview of the steps involved:
Step 1: Idea to Bill
An idea for legislation can come from anyone, including citizens, legislators, organised groups, state agencies, or the Governor. The process starts when a member of the Legislature is persuaded to author a bill. The legislator, acting as the author, sends the idea and proposed language for the bill to the Legislative Counsel's Office, where it is drafted into an official bill. The drafted bill is then returned to the legislator for review. If the author is a Senator, the bill is introduced at the Senate Desk; if they are an Assembly Member, it is introduced at the Assembly Desk. Here, the bill is assigned a number and read for the first time.
Step 2: Committee Hearing
Once introduced, the bill goes to the Senate or Assembly Rules Committee, which assigns it to a policy committee. Bills are assigned based on their subject matter. Before being heard in a committee, a bill must be in print and available for public review for 30 days. During this time, the public can investigate the bill and communicate their position to their legislator. Each bill must appear in the Daily File for four days before being heard in a committee. The Daily File serves as an agenda of the day's business and provides public notice of bills scheduled for committee hearings. At the committee stage, the bill is presented, and testimony is heard in support of or opposition to the bill in an open hearing. Committees then vote on the bill, and they may pass it with or without amendments, defeat it, or refer it to another committee.
Step 3: Second and Third Readings
After passing through the committee, the bill is read a second time on the floor in the house of origin (either the Senate or Assembly) and then assigned to a third reading. After the third reading, another roll call vote is taken. If the bill passes, it is sent to the other house, where the entire process is repeated. 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 agree with the amendments made by the opposite house, the bill is sent to a joint Assembly/Senate conference committee until concurrence is reached.
Step 4: Governor's Approval
Once the bill passes both houses, it goes to the Governor, who has several options. The Governor 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. If the Governor takes no action 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. If the Governor approves and signs the bill, it is sent to the Secretary of State, who assigns it a chapter number. The bill usually becomes a law on the following January 1, provided that 90 days have passed since the end of the legislative session. Bills with urgency clauses take effect immediately upon being filed with the Secretary of State.
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The role of the Governor
Committee Stage: The bill undergoes scrutiny in policy committees, where it is presented, discussed, and voted on. The committee may pass the bill, pass it with amendments, or defeat it. Bills that require funding are also heard by fiscal committees.
Second and Third Readings: After passing through the committee stage, the bill is read a second time on the floor of the house of origin and then assigned a third reading. Following the third reading, another roll call vote is taken. If the bill passes, it moves to the other house, repeating the same procedure.
Enrollment and Consideration by the Governor: Once a bill passes both houses of the Legislature, it is enrolled and sent to the Governor for approval. The Governor has 12 days to make a decision. If the Governor takes no action within this period, the bill is considered approved. The Governor has the option to sign the bill into law, approve it without signing, or veto it.
Veto Power: The Governor can veto a bill by returning it to the house of origin without a signature. A letter explaining the objections to the bill is published in the Journal and File of the originating house. However, a two-thirds vote in both the Assembly and the Senate can override the Governor's veto. Additionally, the Governor has the power of a line-item veto, where they can eliminate or reduce specific appropriation items in a bill while approving the rest.
Becoming Law: If the Governor signs a bill or allows it to become law without a signature, it is sent to the Secretary of State to be chaptered. The bill typically becomes law on the following January 1, provided that 90 days have passed since the end of the legislative session. Bills with urgency clauses take effect immediately upon being signed by the Governor and chaptered by the Secretary of State.
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The Senate and Assembly Rules Committee
The Rules Committee is responsible for assigning bills to the appropriate policy committees for further consideration. This assignment is based on the subject matter of the bill. Each bill is required to appear in the Daily File, which is the agenda for the day's business, for four consecutive days before it can be heard in a committee. This waiting period provides ample time for stakeholders to review the bill and communicate their positions to their legislators.
Once the 30-day waiting period has passed, the Rules Committee refers the bill to one or more policy committees. These policy committees are chosen based on the specific content of the bill. For instance, if a bill has a fiscal impact or incurs state costs, it will also be heard by the Senate or Assembly Appropriations Committee.
During the committee stage, the bill undergoes an open hearing where testimony is presented in support of or opposition to the bill. After the hearing, the committee members vote on the bill, and the committee chair reports the recommendations to pass, not pass, or amend the bill. If the bill passes without amendments, it proceeds to the next steps. If it does not pass and is not reconsidered, it is returned and not considered further in that session. If amendments are suggested, the bill is sent to the next committee or to the floor.
Bills that successfully pass through the committee stage are then read a second time on the floor in the house of origin and subsequently assigned a third reading. Following the third reading, another roll call vote is conducted. If the bill passes this vote, it moves on to the other house, where the entire process is repeated. If the bill passes through the second house without amendments or with concurred amendments, it is forwarded to the governor for approval.
In summary, the Senate and Assembly Rules Committee initiates the journey of a bill by assigning it to the relevant policy committees and setting the legislative process in motion. Its role is integral in ensuring that bills are thoroughly reviewed, discussed, and voted on before progressing through the various stages of becoming a law in California.
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Fiscal committees
If a bill is expected to have a fiscal impact or state cost, it will be heard by either the Senate or Assembly Appropriations Committee. This is the fiscal committee stage, and it is concerned with the fiscal impact of the bill, rather than policy considerations.
Before the bill reaches the fiscal committee stage, it is a good idea to try to see the staff analysis that has been done on the bill by the policy committee, the Department of Finance, and/or the Legislative Analyst. Members of the fiscal committees will read these analyses before they vote, and they are available online. If you believe that the numbers or the fiscal impact of the bill are not correct as reported in these analyses, you should prepare your written comments before the committee meets. Your written material should be available to pass out to the committee members at the hearing where you present your testimony.
During the fiscal committee stage, you should inform the members of the committee why you support or oppose the bill based on a fiscal argument. After the bill passes the fiscal committee, it is read for the second time on the floor.
If a bill requires funding, it must be heard in the fiscal committees of each house. Bills are assigned to policy committees according to their subject matter, and those that require funding are also heard in the fiscal committees of each house.
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The veto process
Once a bill has passed both houses of the California State Legislature, it is forwarded to the governor for approval. The governor has several options: they can sign the bill, approve it without signing it, or veto it. 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.
The governor typically gives a few reasons for vetoing bills: they may deem them bad policy, redundant, or calculate that their potential cost could worsen the state’s budget situation. They may also block bills because they are controversial or opposed by powerful special interests.
While the Legislature can override vetoes, it takes a two-thirds vote in both the Assembly and the Senate, and this rarely happens. Governors can also allow bills to become law without their signature, but this doesn't happen very often either.
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Frequently asked questions
A bill becomes a law in California after successfully passing through several steps. First, an individual or group must persuade 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 the actual bill. The drafted bill is then returned to the legislator for review. The bill is then introduced and read for the first time in the house of origin. The bill is then given a number, a descriptive title, and assigned to the appropriate committee(s) for further consideration. After the committee stage, the bill 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, there will be another roll call vote. If the bill passes, it is sent to the other house for further consideration. If the bill passes through the second house without amendments or with concurred amendments, it is forwarded to the governor for approval. Once the bill finally passes both houses, 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. 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 January 1st of the following year, as long as 90 days have passed since the end of the legislative session.
The California State Legislature consists of two houses: the Senate and the Assembly. There are 40 members in the Senate, each serving four-year terms with a limit of two terms, and 80 members in the Assembly, each serving two-year terms with a limit of three terms. The legislature convenes in a biennial session, on the first Monday in December of each even-numbered year and continues until November 30 of the next uneven-numbered year.
A legislator instructs the Office of Legislative Counsel to draft the bill and to assign it a request number. The bill draft is then put "across the Desk," or 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 are introduced and read for the first time in their house of origin and typically must be in print for 30 days before any action or votes can be taken on them.
