The process of a bill becoming a law in California is commonly referred to as the Legislative Process. The California State Legislature consists of two houses: the Senate and the Assembly. A bill is introduced or read for the first time when the bill number, the name of the author, and the descriptive title of the bill are read on the floor of the house. The bill is then sent to the Office of State Printing and must be in print for 30 days before any action or votes can be taken. After the 30-day waiting period, the bill goes to the Rules Committee of the house of origin, which refers it to a policy committee for a hearing. 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 which another roll call vote is taken. If the bill passes, it is referred to the other house, where the procedure is repeated. If the bill is voted upon and passes through the second house without amendments or with concurred amendments, it is ordered to enrollment and sent to the Governor for approval. The Governor has 12 days to consider legislation. If the Governor does nothing after 12 days, the bill is considered approved. Bills signed by the Governor typically become law the next January 1 following the year in which the bill was passed.
Characteristics | Values |
---|---|
Number of houses in the California State Legislature | 2 |
Number of Senators in the California State Legislature | 40 |
Number of Assembly Members in the California State Legislature | 80 |
Session length of the California State Legislature | 2 years |
Session start date of the California State Legislature | First Monday in December |
Session end date of the California State Legislature | November 30 |
Minimum time between bill introduction and action | 30 days |
Number of readings of a bill | 3 |
Number of votes required to pass a bill in the Senate | 21 or 27 |
Number of votes required to pass a bill in the Assembly | 41 or 54 |
Time for the Governor to consider a bill | 12 days |
Time for the Governor to consider a bill at the end of the legislative session | 30 days |
Time for a vetoed bill to be returned to its house of origin | September 30 |
Time for a bill to become a law after being signed by the Governor | January 1 |
What You'll Learn
Bills are drafted by the Office of Legislative Counsel
The process of turning a bill into law in California is complex, but there are four basic stages that all bills must pass. The first stage is the introduction of the bill, during which a legislator instructs the Office of Legislative Counsel (OLC) to draft the bill and assign it a request number.
The OLC, a nonpartisan public agency, has operated within the state government for over a century, providing legal services and expertise to support the legislative process. The OLC is tasked with drafting bills, constitutional amendments, resolutions, and proposed amendments to those measures.
When a citizen, legislator, organised group, state agency, or the Governor proposes an idea for legislation, the OLC drafts the bill. The OLC's legal staff thoroughly researches the policy idea before drafting it into a bill and returning it to the Member. The bill is then introduced and read for the first time in the house of origin, where it is given a number, a descriptive title, and assigned to the appropriate committee(s) for further consideration.
The OLC also provides a digest that accompanies the bill throughout the process. This digest summarises the changes the bill would make to the current law and aids in discussions regarding the bill. During floor debates, if amendments are proposed, the OLC is responsible for drafting them.
In addition to drafting bills, the OLC offers a range of legal services, including rendering legal opinions on constitutionality and statutory interpretation, providing counsel to Members and committees of the Legislature, and representing the Senate and Assembly in litigation. The OLC also assists in maintaining public access to legislative information through its online sources and technology services.
Understanding the Process: Bills to Laws in India
You may want to see also
Bills are introduced and read for the first time in the house of origin
The process of a bill becoming a law in California can be complicated, but there are four basic stages that all bills must pass. The first of these is the introduction of the bill, which can be proposed by a citizen, legislator, organised group, state agency, or the Governor. The bill is then drafted by the Office of the Legislative Counsel and introduced by a legislator from either the Senate or Assembly. This is the bill's first reading, during which it is read for the first time in its house of origin.
The bill is then given a number, a descriptive title, and assigned to the appropriate committee(s) for further consideration. Each house sequentially numbers its proposed bills during each session of the Legislature. For example, during a legislative session, the first bill proposed by the Assembly will be numbered AB1, and the first bill proposed by the Senate will be numbered SB1.
Bills must be in print for 30 days before any action or votes can be taken on them. This waiting period can be waived by a 3/4 vote in the house. Once this period has passed, the bill is referred to a policy committee for a hearing. Some bills are double referred to two policy committees, and those 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 organisations. Following the conclusion of the open hearing, committee members vote by roll call on the bill. Committees 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 the second reading for the adoption, or ratification, of the committee's recommendation.
International Law's Domestic Adoption in Tanzania
You may want to see also
Bills are assigned to policy committees according to subject matter
In California, the process of turning bills into laws is known as the Legislative Process. The California State Legislature is made up of two houses: the Senate and the Assembly. The process of turning a bill into a law can be complex, but there are four basic stages that all bills must pass.
The first stage is the introduction of the bill. A bill can be proposed by a citizen, legislator, organised group, state agency, or the Governor. The idea for the bill is sent to the Legislative Counsel, where it is drafted into an actual bill. The draft is then sent back to the legislator for introduction. If the author is a Senator, the bill is introduced in the Senate; if the author is an Assembly Member, the bill is introduced in the Assembly. The bill is then given a number, a descriptive title, and assigned to the appropriate committee(s) for further consideration.
The second stage is the committee hearing. Once the 30-day waiting period has passed, 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. For example, a Senate bill dealing with 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. During the committee hearing, the author presents the bill, and testimony can be heard in support of or opposition to the bill. The committee then votes on the bill, and if passed, it is sent to the house of origin for the second and third readings.
The third stage is the second and third readings. After a bill has passed through the committee, 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 another roll call vote. If the bill passes, it is sent to the other house, where the procedure is repeated. 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.
The fourth and final stage is enrollment and consideration by the Governor. Once the bill has passed 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, or it will become 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 typically becomes a law on the following January 1.
Becoming a Family Law Solicitor: A Step-by-Step Guide
You may want to see also
Bills are voted on by committee members
In California, bills are introduced and read for the first time in their house of origin, which can be either the Senate or the Assembly Chamber. After the first reading, the bill is sent to the Rules Committee of the bill's house of origin, which refers it to a policy committee for a hearing. The Rules Committee can also double refer a bill to two policy committees if its subject area is considered sensitive or exceeds the jurisdiction of one policy committee.
Policy committees are assigned according to the bill's subject matter, and bills that will have a fiscal impact must also be heard by the house of origin's fiscal committee before a floor vote is taken. Each committee is made up of a specified number of Senators or Assembly Members, and they vote on the bill by roll call after the hearing.
Committees may act on legislation in several ways. They can pass a bill with or without amendments, hold a bill, defeat a bill, or refer it to another committee. A majority vote of the full committee membership is needed for a bill to be passed by the committee. Once a committee reports a bill out of the committee, it must be placed on the second reading for the adoption, or ratification, of the committee's recommendation.
Join Law Student Association: Steps to Membership
You may want to see also
Bills are read a second and third time, before being voted on again
The process through which a bill becomes a law in California can be complicated, but there are four basic stages that all bills must pass. Once a bill has been introduced and read for the first time, it goes to a committee hearing. After this, it is read a second and third time, before being voted on again.
Bills reported out of committee are 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, and the whole process begins again. If the bill is voted on 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.
Law Study: A Must for Aspiring Diplomats?
You may want to see also
Frequently asked questions
A citizen, legislator, organised group, state agency or the Governor proposes an idea for legislation. This is then drafted by the Office of the Legislative Counsel and introduced by a legislator from either the Senate or Assembly.
If the Governor vetoes a bill, it is returned to its house of origin by 30 September of that year. If two-thirds of the membership of both houses then vote to enact the vetoed bill, it will become law.
The Governor has 12 days to consider a bill. If no action is taken within this time, the bill is considered approved.