An Orientation to California State Government for Lobby Day Attendees

An Orientation to California State Government for Lobby Day Attendees By Chris Micheli

            What should your lobby day participants know about California government before they embark on their lobby day at the State Capitol in Sacramento? This article sets forth those key items for them to get acquainted with regarding the Legislature and the legislative process.

Branches of State Government

Like the federal government, California has three branches of government: Legislative (comprised of the Senate and Assembly), executive (headed by the Governor and the other 8 constitutional offices), and judicial (headed by the Supreme Court). The three branches are set forth in Articles 4, 5, and 6 of the California Constitution.

Hierarchy of Laws

Like at the federal level, California has the following bodies of law in this order of superiority:

            Constitution – adopted by the People

            Statutes – laws enacted by the Legislature or voters by initiative

            Regulations – adopted by executive branch entities, like departments and boards

            Common Law – appellate court decisions issued by the judiciary

Rules for Lawmaking by the Legislative Branch

Where do we get California legislative process rules and procedures? In this order, the following are the sources:

Constitution

Government Code

Joint Rules

House Rules

Committee Rules

Mason’s Manual

Custom and Practice of the Houses

What Does Lawmaking in California Look Like?

            “The Legislature may make no law except by statute and may enact no statute except by bill.” This comes from Article IV and provides that the Legislature engages in lawmaking through its consideration of legislation (i.e., bills). They also consider constitutional amendments and three types of resolutions, but resolutions do not create any laws.

Over the past 33 years (1993 through 2025), the California Legislature has averaged:

2,456 annual bill introductions

1,547 ABs introduced yearly

909 SBs introduced yearly

1,105 introduced bills reach the Governor yearly – or 45% of all bills introduced

911 bills get signed into law - 82.4%

194 bills get vetoed – 17.6%

Lawmaking by the People

Pursuant to Article 2, the People can amend the Constitution (but not revise it) and they can enact statutes, in either case by initiative, which the statewide electorate must approve.

Legislature as an Institution

Like the federal Congress, the California Legislature is bicameral and comprised of the 80-member State Assembly (each of whom serves two-year terms) and the 40-member State Senate (each of whom serve four-year terms).

            The Legislature, like Congress, operates on a 2-year Session. They are subject to term limits, which is a lifetime maximum of 12 years in either house or a combination of service in the two houses. The leaders are the Speaker of the Assembly and the President pro Tempore (rather than the Lt. Gov), who is the day-to-day leader of the Senate.

            Legislators are prohibited from accepting any honorarium. They are limited in receiving gifts. And they are bound by strict conflict-of-interest laws. There is also a 1-year “revolving door” prohibition for legislators becoming paid lobbyists.

Legislative Process Overview

            Unlike the federal Congress, the California legislative process is dictated by its adopted calendar. Although there are some exceptions, the vast majority of legislation is considered and voted on based upon that announced calendar.

To begin, a bill idea can come from any source – individuals, interest groups, or legislators themselves. The attorneys in the Office of Legislative Counsel draft all bills and amendments, even if an outside group or lawyer initially drafted the proposed bill language. A legislator decides whether to author a bill after considering the bill idea. Those bringing forth a bill idea are expected to put together appropriate information to make the case for the bill’s introduction and ultimate passage through the legislative process.

            Introduction of a bill by an Assembly Member (an Assembly Bill, or AB) or a Senator (a Senate Bill, or SB) officially starts the legislative process. Bills must be introduced by the specified deadline, which is usually the third Friday in February.

A bill goes through three official readings pursuant to the Constitution. The first reading occurs when the bill is introduced in its house of origin. It is given a bill number by either the Assembly Chief Clerk for an AB or the Senate Secretary for an SB depending on in which house the bill is introduced.

A bill cannot be acted upon for the next 30 days as a general rule. This gives interested persons adequate time to review the contents of the bill and begin to weigh-in with their support or opposition. After that period, a bill is referred to one or more policy committees by the respective Rules Committee of the Senate or Assembly.

            One or more policy committees will consider the policy aspects of a bill in the house of origin. Committee staff analyze and write analyses that are made publicly available and used by legislators, staff, lobbyists, and the public to understand the bill’s implications. In at least three-quarters of all bills, there is also a fiscal review where the respective fiscal committee, which we call the Appropriations Committee, assesses the bill’s fiscal impact.

            There are 32 Assembly standing committees and 23 Senate standing committees (for the 2025-26 Legislative Session) that will hear all of these bills. Each of these committees have a chair (from the majority party) and a vice chair (from the minority party). Small committees range in size from 5 to 9 members, while larger committees can reach 19 to 30 members.

During the committee hearing itself, the bill author presents the bill to the committee and then usually two support witnesses and two opposition witnesses present substantive testimony for and against the bill. Often there are so-called “Me Too” witnesses in support or opposition, and these individuals simply state their name, affiliation, and whether they support or oppose the bill.

Thereafter, the committee may debate or discuss the bill before proceeding to a vote on the measure by passing the bill, passing the bill as amended, or defeating the bill. In addition to the brief testimony provided at the committee hearing, so long as they are received in advance (usually at least one week or more) letters or other written materials submitted will also be considered by the committee and may be reflected in the committee staff’s analysis.

Each house maintains a schedule of legislative committee hearings that are contained in the Assembly Daily File and the Senate Daily File, as well as on the committee websites, which are found on the respective Assembly (www.assembly.ca.gov) and Senate (www.senate.ca.gov) websites. Prior to a bill's hearing, a bill analysis is prepared that explains current law, what the bill proposes to do, and some background information to assist readers. Typically the analysis also lists organizations that support or oppose the bill.

            Once committees have concluded their role, then a bill goes to the Floor in its house of origin. Bills passed by a committee are read a second time and then the third time, which commences the floor debate and discussion, followed by a vote on the bill.

Most bills require a simple majority to pass either Floor (which is 41 votes in the Assembly and 21 votes in the Senate). There are some bills, such as urgency clause measures, that require a super-majority vote in order to pass either Floor. If the bill passes its house of origin, then the process repeats itself in the other, or second, house and goes through the same committee and floor processes.

            If a bill is amended in the second house, no matter how much or how little, that bill must return to its house of origin for a final “concurrence vote,” which means a vote by the original house whether its members agree to the other house’s amendments to that particular bill.

            Assuming a bill passes both houses, then the Governor is given an opportunity to weight-in with a signature or veto of the bill. The Governor can sign it into law, veto it, or allow it to become law without a signature (a process which most governors rarely use).

            A 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 year following enactment. However, urgency measures and budget bills, among others, take effect immediately after they are signed or allowed to become law without signature.

            Finally, in collaboration with the Governor’s Office, the Secretary of State assigns every enacted bill a chapter number and that bill then takes its place in one or more of the 29 Codes that contain almost all of California’s 156,000-plus statutes.