4.4 Legislative Process

9. OVERVIEW OF LEGISLATIVE PROCESS

Idea

All legislation begins as an idea or concept. Ideas and concepts can come from a variety of sources. The process begins when either an individual or a group persuades a Senator or Assembly Member to author a bill.

The Author

A Legislator sends the idea and the language for the bill to the Legislative Counsel where it is drafted into the actual bill. The draft of the bill is returned to the Legislator for introduction. If the author is a Senator, the bill is introduced at the Senate desk. If the author is an Assembly Member, the bill is introduced at the Assembly Desk.

First Reading/Introduction

A bill is introduced or read the first time when the Clerk reads the bill number, the name of the author, and the descriptive title of the bill on the floor of each respective house.

Printing

The bill is then sent to the Office of State Printing. No bill may be acted upon until it has been in print for 30 days.

Committee Referral

The bill then goes to the Senate or Assembly Rules Committee where it is assigned to the appropriate policy committee for its first hearing. Bills are assigned to policy committees according to 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 which require funds must also be heard in the fiscal committees: Senate Appropriations or Assembly Ways and Means.

Each house has a number of policy committees and a fiscal committee.

Committee Hearings

Each committee is made of up of a specified number of Senate or Assembly Members. During the committee hearing the author presents the bill to the committee and testimony can be heard in support or opposition of the bill. The committee then votes by passing the bill, passing the bill as amended, or defeating the bill. Bills can be amended several times.

Letters of support or opposition are important and should be mailed to committee members before the bill is scheduled to be heard in committee. It takes a majority vote of the full committee membership for a bill to be approved and "passed out" of the committee.

Each house maintains a schedule of legislative committee hearings. Prior to a bill's hearing, a bill analysis is prepared that explains current law, what the bill is intended to do, and some background information. Typically the analysis also includes any support and opposition to the bill.

Second and Third Reading

Bills passed by committees are read a second time on the floor in the house of origin and then placed on file for third reading. "Placed on file" refers to a list of bills and other matters pending on the floors of both houses.

Bill Analyses are also prepared prior to third reading. When a bill is read the third time it is explained by the author, discussed by the Members and voted on by a roll call vote. Bills which require an appropriation or which take effect immediately, require 27 votes in the Senate and 41 votes in the Assembly to be passed. If a bill is defeated, the Member may seek reconsideration and another vote.

Repeat Process in other House

Once the bill has been approved by the house of origin it proceeds to the other house where the procedure is repeated.

Resolution of Differences

If a bill is amended in the second house, it must go back to the house of origin for concurrence, which is agreement on the amendments. If agreement cannot be reached, the bill moves to a two house conference committee to resolve differences. Three members of the committee are from the Senate and three are from the Assembly. If a compromise is reached, the bill is returned to both houses for a vote.

Governor

The bill then goes to the Governor. The Governor has three choices. The Governor can sign the bill into law, allow it to become law without his signature, or veto it. A governor's veto can be overridden by a two thirds vote in both houses. Most bills go into effect on the first day of January of the next year. Urgency measures take effect immediately after they are signed.

California Law

Bills that are passed by the Legislature and approved by the Governor are assigned a chapter number by the Secretary of State.

These Chaptered Bills (also referred to as Statutes of the year they were enacted) then become part of the California Codes. The California Codes are a comprehensive collection of laws grouped by subject matter.

In California Propositions can be placed on the ballot at a public election. These Propositions may either be proposed by a group of citizens or the Legislature. Propositions may either affect the Codes or the Constitution.

The California Constitution sets forth the fundamental laws by which the State of California is governed. Most amendments to the Constitution come about as a result of Propositions.

You may be interested in reading more on the following subjects:

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