How a Bill Becomes Law - The Basics of the California Legislative Process

How a Bill Becomes Law - The Basics of the California Legislative Process By Chris Micheli

For those not fully acquainted with the California legislative process, new laws (called statutes) are enacted by the California Legislature as bills (and signed by the Governor to become laws). The Legislature can also amend or repeal existing statutes.

Whether a statute is added, amended or repealed, that process must be done by a bill being passed by the Legislature and signed by the Governor (unless he or she allows it to become law without a signature). According to the California Legislature, “the process of government by which bills are considered and laws enacted is commonly referred to as the legislative process.”

A bill must be approved by both houses of the Legislature before it is sent to the Governor for final action. As a bicameral body, the Legislature is composed of the 80-member Assembly (elected every two years) and the 40-member Senate (elected every four years). The Legislature meets in two-year sessions, with the first year in the odd-numbered year and the second and final year in the even-numbered year.

A bill is approved by a policy committee or two, and often a fiscal committee, in both houses of the Legislature. Once adopted by both houses (i.e., the Senate and Assembly), the bill is sent to the Governor who may veto it or sign it into law. This legislative process can take a few months, or an entire two-year Legislative Session, or sometimes longer.

Policy committees (that generally consider the policy impacts of proposed legislation) and fiscal committees (that generally consider the fiscal impacts of proposed legislation) hear and consider and ultimately vote on legislation after gathering input from interested parties, including the executive branch of state government.

These bills come from ideas that are put forth by a legislator's constituents, interest groups, legislative staff, legislators themselves, and even the executive branch, including the Governor. Once a legislator decides to author a bill, he or she has the Office of the Legislative Counsel draft the bill for introduction. Every bill and amendment must be in "Legislative Counsel form" in order to be considered by the Legislature.

Thereafter, the legislator introduces the bill in the Assembly (if an Assembly Member) or in the Senate (if a Senator). A bill is then assigned a bill number and read publicly for the first time. The respective Rules Committee of the Assembly or Senate will assign ("refer") the bill to a standing committee or two for consideration. The Rules Committees generally do not refer "spot" or intent bills that lack substantive language.

There are a number of methods to track legislation throughout the legislative process, such as the the Legislative Information website operated by the Office of Legislative Counsel, as well the respective Assembly and Senate website. And there are numerous opportunities for members of the public to participate in the legislative process.

Once the Rules Committee has assigned the introduced bill to a policy committee, then the bill is heard in a policy committee and likely the fiscal committee, if there are fiscal implications of the measure. The proper committee referral is based upon the subject matter of the bill and the jurisdiction of the committee(s). At this committee hearing, the author presents his or her bill and the proponents and opponents are permitted limited time to speak at the hearing.

Bills are considered in the policy committee(s) of the house of origin and, most often, in the fiscal committee. The majority of bills are referred to both a policy and fiscal committee. In some instances, a bill will be considered by more than one policy committee.

Once the committee(s) consider the measure, then the bill goes to the floor of the Assembly or Senate and, once passed, must complete the same process in the other house (i.e., the "second house"). Throughout this process, there are several opportunities prior to and during these committee hearings for interested parties to express their views on pending legislation.

Thereafter, the committee members ask questions, debate the merits of the bill, and vote to either pass, amend and pass, or defeat the bill. The committee can amend the bill or pass the measure as introduced. Along the way, the bill’s author can also amend his or her bill as necessary or desired. The committee’s staff prepares an analysis of the bill and its impact on existing law. They usually prepare the floor analysis in their house as well.

It is important to express viewpoints on legislation prior to a committee hearing or floor session so that one's views can be considered before legislators vote on the bill. They want to hear from constituents and interest groups regarding pending legislation, and they review letters and other correspondence received by their staff prior to committee hearings and floor sessions.

As bills make their way through the legislative process, they may be amended either substantively or technically. Interested parties can track legislation through the process and determine whether amendments are favorable or unfavorable to one’s position. Those amendments ultimately need to be agreed to by the house of origin before the bill reaches the Governor’s Desk.

Bills are required to be read three times on the Floor of both the Assembly and the Senate. The first reading occurs when the bill is introduced in the house of origin and when it first arrives in the second house. The second reading occurs when the bill passes out of the first committee, either to another committee (such as the fiscal committee), or to the Floor, whether there are amendments or not. The third reading occurs right before the measure is taken upon on the Floor for debate and vote.

The same process occurs in the second houses (i.e., policy committee, fiscal committee, Floor debate, and vote). If there were any amendments made in the second house, then the bill must return to its house of origin for a final vote (called a concurrence vote) to either accept or reject those amendments. If they are rejected, then a two-house conference committee may be convened to resolve the differences, although this rarely occurs in the California Legislature. If they are accepted, then the measure goes to the Governor’s Desk.

The Governor generally has 12 days upon which to act on a measure, except for the large volume of bills that are sent to his or her desk at the end of the Session. With those bills, usually numbering about 750 measures, he or she has 30 days to sign or veto them. The Governor also has the option to allow a bill to become law without his or her signature.