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Overview of California Legislative Process

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Overview of California Legislative Process Overview of California Legislative Process The process of government by which bills are considered and laws enacted is commonly committees: Senate Appropriations or Assembly referred to as the Legislative Process. The Appropriations. Each house has a number of California State Legislature is made up of two policy committees and a fiscal committee. Each houses: the Senate and the Assembly. There are committee is made up of a specified number of 40 Senators and 80 Assembly Members Senators or Assembly Members. representing the people of the State of During the committee hearing the author California. The Legislature has a legislative presents the bill to the committee and calendar containing important dates of testimony can be heard in support of or activities during its two-year session. opposition to the bill. The committee then votes by passing the bill, passing the bill as Idea amended, or defeating the bill. Bills can be amended several times. Letters of support or All legislation begins as an idea or concept. opposition are important and should be mailed Ideas and concepts can come from a variety of to the author and committee members before sources. The process begins when a Senator or the bill is scheduled to be heard in committee. Assembly Member decides to author a bill. It takes a majority vote of the full committee membership for a bill to be passed by the The Author committee. A Legislator sends the idea for the bill to the Each house maintains a schedule of legislative Legislative Counsel where it is drafted into the committee hearings. Prior to a bill's hearing, a actual bill. The draft of the bill is returned to the bill analysis is prepared that explains current Legislator for introduction. If the author is a law, what the bill is intended to do, and some Senator, the bill is introduced in the Senate. If background information. Typically the analysis the author is an Assembly Member, the bill is also lists organizations that support or oppose introduced in the Assembly. the bill. First Reading/Introduction Second and Third Reading A bill is introduced or read the first time when Bills passed by committees are read a second the bill number, the name of the author, and time on the floor in the house of origin and then the descriptive title of the bill is read on the assigned to third reading. Bill analyses are also floor of the house. The bill is then sent to the prepared prior to third reading. When a bill is Office of State Printing. No bill may be acted read the third time it is explained by the author, upon until 30 days has passed from the date of discussed by the Members and voted on by a its introduction. roll call vote. Bills that require an appropriation or that take effect immediately, generally Committee Hearings require 27 votes in the Senate and 54 votes in the Assembly to be passed. Other bills generally The bill then goes to the Rules Committee of require 21 votes in the Senate and 41 votes in the house of origin where it is assigned to the the Assembly. If a bill is defeated, the Member appropriate policy committee for its first may seek reconsideration and another vote. hearing. Bills are assigned to policy committees according to subject area of the bill. For Repeat Process in other House example, a Senate bill dealing with health care facilities would first be assigned to the Senate Once the bill has been approved by the house Health and Human Services Committee for of origin it proceeds to the other house where policy review. Bills that require the expenditure the procedure is repeated. of funds must also be heard in the fiscal A COUNTY SUPERVISOR'S RESOURCE GUIDE 5.1 Resolution of Differences next year. Urgency measures take effect immediately after they are signed or allowed to If a bill is amended in the second house, it must become law without signature. go back to the house of origin for concurrence, which is agreement on the amendments. If California Law agreement cannot be reached, the bill is referred to a two house conference committee Bills that are passed by the Legislature and to resolve differences. Three members of the approved by the Governor are assigned a committee are from the Senate and three are chapter number by the Secretary of State. from the Assembly. If a compromise is reached, These Chaptered Bills (also referred to as the bill is returned to both houses for a vote. Statutes of the year they were enacted) then become part of the California Codes. The Governor California Codes are a comprehensive collection of laws grouped by subject matter. If both houses approve a bill, it then goes to the The California Constitution sets forth the Governor. The Governor has three choices. The fundamental laws by which the State of Governor can sign the bill into law, allow it to California is governed. All amendments to the become law without his or her signature, or Constitution come about as a result of veto it. A governor's veto can be overridden by constitutional amendments presented to the a two thirds vote in both houses. Most bills go people for their approval. into effect on the first day of January of the A COUNTY SUPERVISOR'S RESOURCE GUIDE 5.2 A COUNTY SUPERVISOR'S RESOURCE GUIDE 5.3 Select Glossary of Legislative Terms Adopted from California State Legislature Glossary of Terms ACROSS THE DESK COMMITTEE AMENDMENTS The official act of introducing a bill or resolution. The Amendments proposed by a Committee or a measure is given to the Chief Clerk or his or her Committee member in a Committee hearing. representative at the Assembly Desk in the Assembly Adopted by roll call vote of the Committee. May or Chamber or to the Secretary of the Senate or his or may not be hostile. her representative in the Senate Chamber. It then receives a number, is sent to the State Printer, and HOSTILE AMENDMENTS (At Hearing or on the Floor) becomes a public document available in the bill Amendments proposed by another Member in room. Amendments are also “put across the desk.” Committee or on the Floor that are not supported by the bill’s author. ACT A bill passed by the Legislature and approved by the ANALYSIS OF THE BUDGET BILL Governor. The Legislative Analyst’s comprehensive examination of the Governor’s Budget; available to legislators and ADJOURNMENT the public about six weeks after the budget is Termination of a meeting, occurring at the close of submitted by the Governor to the Legislature. each legislative day upon the completion of business, accomplished by a successful motion to APPROPRIATION end session, with the hour and day of the next The amount of money set aside for a specific meeting being set prior to adjournment. purpose and designated from a specific source, such as the General Fund or the Environmental License ADJOURNMENT SINE DIE Plate Fund. Literally, “adjournment without day,” meaning no days left; final termination of the two-year legislative APPROPRIATIONS LIMIT session. Regular or special sessions of the Legislature Established by Proposition 4, which was passed by are adjourned sine die at midnight on November 30 voters in 1979 (Article XIII B, California Constitution), of each even-numbered year. the appropriations limit is the maximum amount of tax proceeds that State or local governments may ADMINISTRATIVE PROCEDURE ACT (APA) appropriate in a fiscal year. The limit is adjusted A statute containing required procedures for rule- annually but is based on 1986–87 appropriations. making and administrative hearings. (Chapter 3.5, 4, and 5 [commencing with Section 11340] of Part 1 of ASSEMBLY Division 3 of Title 2 of the Government Code.) The House of the California Legislature, consisting of 80 Members, elected for two-year terms, from AMENDMENT districts apportioned on the basis of population. An alteration made, or proposed to be made, in a bill, motion, resolution or clause, by adding, AUTHOR changing, substituting or omitting language. A Member of the Legislature who introduces a Amendments must be submitted to Legislative legislative measure. Counsel for drafting. BILL AUTHOR’S AMENDMENTS (Before Hearing) A draft of a proposed law introduced by a Member Amendments submitted by the author of the bill to of the Legislature (Assembly Bill 4000-AB 4000, the committee and submitted to the Desk by the Senate Bill 1-SB 1). Chair of the committee to which the bill has been BILL ANALYSIS referred. Permits the adoption of the amendments by the House without the benefit of a committee A summary of the purpose, content, and effect of a hearing and recommendation. proposed measure or amendment, prepared for committee or floor proceedings. AUTHOR’S AMENDMENTS (At Hearing or on Floor) Amendments in Committee or on the Floor that are supported by the author. A COUNTY SUPERVISOR'S RESOURCE GUIDE 5.4 BILL DIGEST CHAPTER The legal synopsis of a measure; prepared by After a bill has been signed by the Governor, the Legislative Counsel (see Digest and Legislative Secretary of State assigns the bill a Chapter Number, Counsel). for example, “Chapter 123, Statutes of 1998,” which subsequently may be used to refer to the measure. BLUE PENCIL The California Constitution grants the Governor “line CHAPTERING OUT item veto” authority to reduce or eliminate any item When, during a calendar year, two or more bills of appropriation from any bill including the Budget amending the same code section become law, the Bill. In the 1960’s the Governor actually used an bill enacted last (with a higher chapter number) editor’s blue pencil for the task (see line item veto).
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