Frequently Asked Questions About California Bill Referrals

Frequently Asked Questions About California Bill Referrals By Chris Micheli

            When does a bill usually get referred to committee? After the introduction of a new bill in the California Legislature, or upon a bill passing one house and moving over to the other house for further consideration, that measure must be referred to a committee for a hearing. So, the first key step in the legislative process is bill introduction in either house.

 

What governs the referral of a bill heard to a standing committee? The referral or assignment of a bill is governed by the Joint Rules, as well as the respective rules of the Assembly and Senate. In the California Legislature, the referral of bills is done by the Rules Committee in each house.

Are spot bills the only bills that do not get referred to a policy committee? Spot bills, and intent bills, are not referred to committee in either house (e.g., Assembly Rule 51.5).

Do the Appropriations Committees determine whether bills have a fiscal impact and, therefore, are re-referred to the fiscal committees for consideration? Under Joint Rule 10.5, the Legislative Counsel keys a bill fiscal without any input from the Department of Finance, Legislative Analyst, or the Appropriations Committees. It is estimated that 80% of bills are deemed by Legislative Counsel to have a fiscal impact.

Are only appropriations bills keyed fiscal? Legislative Counsel determines whether a bill has a fiscal impact. A fiscal bill is “generally a measure that contains an appropriation of funds or that requires a state agency to incur additional expense.”

If the Legislative Counsel’s Digest discloses that an amendment has made a substantial substantive change to a bill as first passed by the house of origin, must the bill be referred to the appropriate standing committee when the amended bill returns to the house of origin for a concurrence vote? Under Joint Rule 26.5, in the case of a Senate bill amended by the Assembly, it shall be referred to the Senate Rules Committee by request of the Rules Committee Chair. In the case of an Assembly bill amended in the Senate, it may be referred by the Speaker to the appropriate standing committee.

 

            What are the main factors in determining a bill referral to the proper committee? As a general rule, a bill is referred to the committee(s) that have jurisdiction over the provisions of the bill based upon the rules of the respective house and past referral decisions of the same or similar bills.

 

How does a bill referral formally occur? In the Senate and Assembly, except as otherwise provided, the Committee on Rules refers each bill to a committee by a majority vote of the membership of the committee, unless upon a motion the Assembly or Senate, by an affirmative recorded vote of a majority of the Members, refers it to some other committee.

 

            Who advises the Rules Committees on the referral of legislative measures? Each house employs a Bill Referral Consultant to read every bill and amendment and make appropriate recommendations for referrals of bills, resolutions, and constitutional amendments.

 

Do policy committees play a role in bill referrals? Yes, the Bill Referral Consultants work with their respective policy committee consultants in order to help in making the correct bill referral determinations. The policy staff of the Speaker and the Pro Tem are regularly consulted as well.

 

Can a measure be referred to more than one policy committee? Yes, but it is rare for either the Assembly or the Senate to refer a bill to more than three policy committees (termed a triple referral). If there were more referrals for a single bill, then there is an argument that the bill might actually violate the California Constitution’s prohibition on more than a single subject in one bill.

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