Gavin Howe
The process of making laws in California is commonly referred to as the Legislative Process. The California State Legislature is made up of two houses: the Senate and the Assembly. The process of making a law begins with an idea, which can come from anyone, and the process begins when an individual or group persuades 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 a 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 and typically must be in print for 30 days before any action or votes can be taken on them. After the first reading, the bill is assigned to a policy committee for a hearing. Once the bill passes both houses, it goes to the Governor, who can sign the bill into law, allow it to become law without their signature, or veto it.
| Characteristics | Values |
|---|---|
| Number of houses in the California State Legislature | 2 (the Senate and the Assembly) |
| Number of members in the Senate | 40 |
| Term limit for members of the Senate | 2 terms |
| Number of members in the Assembly | 80 |
| Term limit for members of the Assembly | 3 terms |
| Session frequency | Biennial |
| Session start date | First Monday in December of each even-numbered year |
| Session end date | November 30 of the next uneven-numbered year |
| Where a bill is introduced if its author is a Senator | The Senate Desk |
| Where a bill is introduced if its author is an Assembly member | The Assembly Desk |
| Number of days before a bill can be heard in Committee | 30 |
| Number of days the Governor has to sign, approve without signing, or veto a bill | 12 |
| Number of votes in each house required to override the Governor's veto | 2/3 |
| Number of charter counties | 13 |
| Number of air quality management districts | At least 1 |
| Number of legislative bodies that may hold closed sessions | Multiple |
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What You'll Learn
- Bills are drafted by the Office of the Legislative Counsel
- Bills are introduced by a legislator from the Senate or Assembly
- Bills are assigned to policy committees according to subject matter
- Bills can be amended in committee or on the Floor
- The Governor can sign, approve without signing, or veto a bill
Bills are drafted by the Office of the Legislative Counsel
The California State Legislature consists of two houses: the Senate and the Assembly. The process of making a law starts with an idea, which can come from anyone—a citizen, legislator, organised group, state agency, or the Governor. Once an idea is proposed, it is drafted into a bill by the Office of the Legislative Counsel (OLC). The OLC is a nonpartisan public agency that provides legal services to Members of the Legislature, the Governor, and other clients. The OLC's attorneys draft legislative proposals and offer legal guidance on complex matters across all subject areas of California law.
Once a bill has been drafted by the OLC, it is introduced by a legislator from either the Senate or Assembly. The bill is then read for the first time in the house of origin, given a number, and assigned a descriptive title. The bill is then sent to the Senate or Assembly Rules Committee, which assigns it to one or more policy committees for further consideration. 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.
During the committee stage, the bill is presented, and testimony is heard in support of or opposition to the bill. After the committee holds an open hearing, they vote on the bill, and the committee chair reports the committee's recommendations to pass, not pass, or amend the bill. At any time during this legislative process, the bill may be amended, either in committee or on the Floor. Amendments can be substantial or technical, and it is important to follow them closely as they may affect one's position on the bill.
After amendments are submitted to the author, the bill is printed again to reflect the changes. The bill then goes through another reading, and the dates of any amendments are recorded.
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Bills are introduced by a legislator from the Senate or Assembly
The California State Legislature consists of two houses: the Senate and the Assembly. The process of introducing a bill begins with an idea, which can come from anyone—a citizen, legislator, organised group, state agency, or the Governor. The idea is then pitched to a legislator, who sends the idea and the language for the bill to the Legislative Counsel's Office, where it is drafted into an official bill. The drafted bill is then sent back to the legislator for review. The bill is introduced in the Senate if the legislator is a Senator, and in the Assembly if the legislator is an Assemblymember.
Once the bill is introduced, it is assigned a number and read for the first time in the house of origin. The bill is then given a descriptive title and assigned to the appropriate committee(s) for further consideration. Bills are assigned to policy committees according to their subject area. For example, a Senate bill dealing with health care facilities would first be assigned to the Senate Health and Human Services Committee for policy review. Bills that require the expenditure of funds must also be heard in the fiscal committees: Senate Appropriations or Assembly Appropriations. Each house has a number of policy committees and a fiscal committee.
During the committee stage, the bill is presented and testimony is heard in support of or opposition to the bill. Committees prepare written analyses of each bill, in which the effect of the proposed legislation is described, and supporting and opposing viewpoints of individuals and organisations are noted. Following the conclusion of the open hearing, committee members vote by roll call on the bill. Committees may act on legislation in numerous ways: they may, for instance, pass a bill with amendments, pass a bill unchanged, hold a bill, “kill” or defeat a bill, or refer a bill to another committee.
At any time during the legislative process, the bill may be amended, either in committee or on the Floor. After the amendments have been submitted to the author, the bill goes to another printing to reflect the changes that have been made. Amendments can be substantial or technical and may affect one's position on the bill. Amendments should be followed very carefully. If a Senate bill is amended by the Assembly, or vice versa, and the house of origin refuses to concur in those amendments, the bill will go to a conference committee.
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Bills are assigned to policy committees according to subject matter
In California, the legislative process begins when an individual or group proposes an idea for legislation and persuades a member of the California State Legislature to author a bill. The California State Legislature consists of two houses: the Senate and the Assembly. The drafted bill is introduced and read for the first time in the house of origin, after which it is given a number and a descriptive title. The bill is then assigned to the appropriate committee(s) for further consideration.
The Rules Committee refers the bill to one or more policy committees, which are established for the purpose of considering legislation, conducting hearings, and investigating matters under their jurisdiction. 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. 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 on the bill, and the committee chair will report the committee's recommendations to pass, not pass, or amend the bill.
At any time during the legislative process, the bill may be amended, either in committee or on the Floor. Amendments can be substantial or technical and may affect one's position on the bill. If a Senate bill is amended by the Assembly, or vice versa, and the house of origin refuses to concur with those amendments, the bill will go to a conference committee. Legislative analysts in the Congressional Research Service of the Library of Congress write summaries of bills to objectively describe their significant provisions.
Once the bill passes both houses, the governor has 12 days to sign, approve without signing, or veto it. 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 approved, it is sent to the Secretary of State, who assigns it a chapter number, and it becomes a law on the following January 1st, provided that 90 days have passed since the end of the legislative session.
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Bills can be amended in committee or on the Floor
In California, anyone can propose an idea for legislation, including citizens, legislators, organised groups, state agencies, and the Governor. The idea is then drafted into a bill by the Legislative Counsel's Office, which is then introduced by a legislator from either the Senate or Assembly. Bills can be amended in committee or on the Floor.
Once a bill has been drafted, it is sent back to the legislator for review. The bill is then introduced and read for the first time in the house of origin, where it is given a number and a descriptive title. It is then assigned to the appropriate committee(s) for further consideration. Bills are assigned to policy committees according to their subject matter, and bills that require funding must be heard in the fiscal committees of each house.
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 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.
If 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 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 is voted upon and passes through the second house without amendments or with concurred amendments, it is forwarded to the governor for approval.
At any time during the legislative process, a bill may be amended, either in committee or on the Floor. Amendments can be substantial or technical and may affect one's position on the bill. Amendments should be followed very carefully. If a Senate bill is amended by the Assembly, or vice versa, and the house of origin refuses to concur in those amendments, the bill will go to a conference committee. If the house of origin does concur, the bill goes to the Governor.
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The Governor can sign, approve without signing, or veto a bill
The Governor plays a crucial role in the legislative process in California. Once a bill has passed both houses of the California State Legislature, it is sent to the Governor, who has several options: they can sign the bill, approve it without signing it, or veto it.
The Governor has 12 days to make this decision, although this period is extended to 30 days if the annual winter recess is approaching. If the Governor takes no action within this timeframe, the bill is considered approved without their signature.
If the Governor chooses to sign the bill, it becomes an official law of the state. The signed bill is then sent to the Secretary of State, who assigns it a chapter number. This number indicates the order in which the bills were approved by the Governor. The new law typically takes effect on January 1st of the following year, provided that at least 90 days have passed since the end of the legislative session.
On the other hand, if the Governor decides to veto a bill, it is sent back to its house of origin by September 30th of that year. The Governor's Office releases a veto message explaining the reasons for the veto, which is made public. However, the Legislature can override the veto with a two-thirds vote in each house. In this case, the bill would become law without the Governor's approval.
It is worth noting that the Governor has the power to use a line-item veto, where they may eliminate or reduce specific items of appropriation within a bill while approving the rest. These vetoed items can then be separately reconsidered, and the Legislature can choose to sustain or override each veto.
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Frequently asked questions
Ideas for legislation can come from a variety of sources, including citizens, legislators, organised groups, state agencies, and the Governor.
The Office of Legislative Counsel drafts the bill.
A legislator from either the Senate or Assembly introduces the bill.
The bill is given a number and a descriptive title, then assigned to the appropriate committee(s) for further consideration.
The Governor can veto a bill by returning it to the house of origin without their signature. However, a veto can be overridden by a two-thirds vote in both houses.
