Frequently Asked Questions about “Spot Bills” in the California Legislature

Frequently Asked Questions about “Spot Bills” in the California Legislature By Chris Micheli

What is a spot bill used in the California Legislature? As described by the Office of Legislative Counsel, a “spot bill” is one that does not make any substantive change to existing law, “and would not otherwise affect the ongoing operations of state or local government.” On the other hand, an “intent bill” is one that merely makes a statement of legislative intent.

What are rules related to spot bills? These bills, upon introduction, are merely placeholders for future language. They do not make any substantive changes to existing state statutes. By the rules of the Assembly and Senate, spot bills or intent bills may not be referred to a policy committee unless and until the bill is amended to make a substantive change in the law.

            Why are spot bills used? Because the California Legislative Session is dependent upon its deadlines, including a deadline for introducing bills, and sometimes legislators do not have their bill proposals fully prepared by that time. As such, they need to introduce a “placeholder” bill and then develop or finalize their substantive bill language after the bill has been introduced.

            How do the Legislature’s rules address spot bills? While there are not specific rules to spot bills in the Senate Rules or the Joint Rules, there is one in the Assembly Rules. AR 51.5 provides the following:      

 Spot Bills

51.5.A bill that upon introduction makes no substantive change in or addition to existing law, and would not otherwise affect the ongoing operations of state or local government, except a bill stating legislative intent to make necessary statutory changes to implement the Budget Bill, may not be referred to a committee by the Committee on Rules. If the author subsequently proposes to the Committee on Rules to make substantive changes in the bill as introduced, the Committee on Rules may refer the bill to a committee, together with the proposed changes for consideration as author’s amendments. A vote on passage of the bill may not be taken, however, until the bill with its amendments, if adopted, has been in print for at least 15 days.

            What is an example of a spot bill? The following is a spot bill:

SB 362, as introduced, Roth. Legal remedies.

Existing law encompasses provisions pertaining to the civil law of the state, including laws concerning persons, property, and obligations, among other subjects. Existing law provides for relief or remedy for violation of private rights and to secure observance of those rights. Existing law prohibits specific or preventative relief in cases, except as specified. This bill would make nonsubstantive changes to those provisions.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: no   Local Program: no  

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 3274 of the Civil Code is amended to read:

3274. As a general rule, compensation is the relief or remedy provided by the law of this State state for the violation of private rights, rights and the means of securing their observance; and specific observance. Specific and preventive relief may be given in no other cases than those specified in this Part of the CivilCode part.

            What is an example of an intent bill? The following is an intent bill:

AB 106, as introduced, Ting. Budget Act of 2019.

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: no   Local Program: no  

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2019.

            What is the Assembly’s process of handling spot bills? In the Assembly, a deadline is specified each year, which is set a few weeks after the bill introduction deadline. That deadline is to get amendments to spot or intent bills to the Committee on Rules. Once the Rules Committee reviews the proposed amendments, the Rules Committee refers the bill and its amendments to the relevant policy committee. Thereafter, the committee processed the amendments to the bill.

            What is the Senate’s process of handling spot bills? In the Senate. a deadline is specified each year, which is set a few weeks after the bill introduction deadline. That deadline is to get amendments to spot or intent bills to the Committee on Rules. Once the Rules Committee reviews the proposed amendments, the Rules Committee makes the amendments to the bill. Thereafter, the bill is referred to the relevant policy committee.

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