The Legislature functions to create laws that represent the best interests of the citizens within each legislative district. Proposals for new laws are called bills. To become a law, a bill must successfully pass through a number of steps.
1. Idea
All legislation begins as an idea. Ideas can come from anyone. The process begins when someone persuades a senator or assembly member to author a bill.
A legislator, who acts as the author, sends the idea and language for the bill to the Legislative Counsel where it is drafted into the actual bill. The drafted bill is returned to the legislator for introduction.
2. First Reading
A bill's first reading is when the clerk reads the bill number, the name of the author, and the descriptive title of the bill. The bill is then sent electronically to the Office of State Printing. A bill must be in print for 30 days, giving time for public review, before it can be acted on.
3. Committee Hearings
The bill then goes to the Senate or Assembly Rules Committee where it is assigned to the appropriate policy committee for its first hearing. Bills are assigned according to subject area. During the hearing the author presents the bill, people testify in support or opposition of the bill, and the committee acts on the bill. The committee can pass the bill, pass the bill as amended, or defeat the bill. It takes a majority vote of the membership of the committee to pass a bill. Bills that require money must also be heard in the Fiscal Committee, Senate and Assembly Appropriations. Some bills may be “double referred” to two policy committees if the subject matter lies within the jurisdiction of more than one committee (e.g., an A.B. could be referred to both Public Safety and Judiciary committees), pursuant to A.R. 51. If the bill fails passage in the first committee, it is “dead” and therefore cannot be heard by the second committee.
Before a bill may be heard by the committee of first reference, a notice of such hearing must be published in the Daily File four days prior to the hearing, not including the day of the hearing (see J.R. 62(a), J.R. 60(b), J.R. 36(a)(2), J.R. 36(a)(4). Informational hearings require four days notice as well. Committee hearing notices are published at the front of the Daily File.
Pursuant to J.R. 22.1, noncontroversial bills may be reported to the Floor with the recommendation that they be placed upon the consent calendar (e.g., “Do pass. To Consent Calendar.”). These uncontested measures must comply with the restrictions imposed under the Joint Rules. These bills must have received no “no” votes and had no opposition expressed by any person present at the committee hearing.
4. Second Reading
Bills passed by committees are read a second time in the house of origin and then placed in the Daily File for a third reading.
5. Third Reading
When a bill is read the third time, it is explained by the author, discussed by the members, and voted on by a roll call vote. Bills which require money or which take effect immediately, require 27 votes in the Senate and 54 votes in the Assembly. All other bills require 21 votes in the Senate and 41 votes in the Assembly. If a bill is defeated, the Member may seek reconsideration and another vote.
Once the house of origin approves the bill it proceeds to the other house where steps 1-5 are repeated.
If a bill is amended in the second house, it must go back to the house of origin for concurrence, which is agreement on the amendments. If agreement cannot be reached, the bill moves to a two-house conference committee to resolve differences. Three members of the committee are from the Senate and three are from the Assembly. If a compromise is reached, the conference report is voted upon in both houses.
6. Governor
The bill then goes to the Governor. The Governor has three choices. He or she can sign the bill into law, allow it to become law without his or her signature, or veto it. A governor's veto can be overridden by a two-thirds vote in both houses. Most bills go into effect on January 1 of the next year. Urgency measures take effect immediately upon being signed by the Governor and chaptered by the Secretary of State. The Governor has 12 days to consider legislation. Pursuant to the Constitution, any bill that is not vetoed (returned) by the Governor after 12 days becomes a statute without the Governor’s signature. The exception to this provision occurs at the end of each year of the legislative session, when the Governor is allowed 30 days to consider bills passed by the adjournment deadline of the Legislature (Art. IV, Sec. 10(b)(1), Sec. 10(b)(2)).
7. California State LawEach bill that is passed by the Legislature and approved by the Governor is assigned a chapter number by the Secretary of State. These chaptered bills are statutes, and ordinarily become part of the California Codes. The California Codes are a comprehensive collection of laws grouped by subject matter.
The California Constitution sets forth the fundamental laws by which the State of California is governed. All amendments to the California Constitution come about as a result of constitutional amendments approved by the voters at a statewide election.
TYPES OF BILLS
Assembly Bill, Senate Bill (AB or SB followed by#: AB 2011 or SB 645)
A proposed law, introduced during a session for consideration by the Legislature, and identified numerically in order of presentation; also, a reference that may include joint and concurrent resolutions and constitutional amendments.
Concurrent Resolutions (ACR or SCR followed by #: ACR 1 or SCR 23)
A measure introduced in one house that, if approved, must be sent to the other house for approval. The Governor's signature is not required. These measures usually involve the internal business of the Legislature.
Joint Resolutions (AJR or SJR followed by #: AJR 14 or SJR 8)
Joint resolutions are those which relate to matters connected with the federal government. These resolutions are used almost exclusively for the purpose of memorializing Congress—that is, expressing approval or disapproval by the California Legislature of legislation pending or proposed in Congress or programs and activities of the federal government. Additionally, the California Legislature utilizes joint resolutions to ratify amendments to the United States Constitution.
House and Senate Resolutions (HR or SR followed by #: HR 2 or SR 5)
House (Assembly) and Senate resolutions are the expression of one house of the Legislature and take effect upon their adoption. These resolutions are normally used to amend the house rules, to create committees, or to request a committee of the house to study a specific problem. House resolutions and Senate resolutions are printed as separate documents in the same manner as bills. Resolutions, however, are not subject to the same 30-day waiting period that applies to bills. After a resolution is referred to committee, it may be acted upon.
Constitutional Amendment (ACA or SCA followed by #: ACA 9 or SCA 2)
A resolution proposing a change to the California Constitution. It may be presented by the Legislature or by initiative, and is adopted upon voter approval at a statewide election
Vote Thresholds
Most bills require a simple majority vote (41) for passage (Art. IV, Sec. 8(b)). However, there are several instances where a two-thirds vote (54) is required, including, but not limited to:
• urgency measures (budget bills that take effect immediately are exempted under Prop. 25 of 2010);
• amending the Lottery Act, Prop. 103, Political Reform Act of 1974 (FPPC), or the “Three Strikes Law”;
• suspending Prop. 98;
• overriding the Governor’s veto;
• adopting Constitutional Amendments (ACA’s and SCA’s);
• suspending some Joint Rules.
NOTE: Joint Rule 61, HR 1 and SR 1 – Not set in stone or bendable when it is convenient, especially at the end of session!
California State Senate
Senatoris Est Civitatis Libertatem Tueri—It is the Duty of the Senators to Protect the Liberty of the People
Senatoris Est Civitatis Libertatem Tueri—It is the Duty of the Senators to Protect the Liberty of the People
24 Democrats 2/3rd Majority Vote: 27
14 Republicans Majority vote: 21
2 vacancies (SD-17 & 28)
Each Senate District represents 970,000 Californians
14 Republicans Majority vote: 21
2 vacancies (SD-17 & 28)
Each Senate District represents 970,000 Californians
The Senate has 23 Standing Committees in the 2011 -2012 Session.
Officers of the Senate:
President of the Senate, Lieutenant Governor, Gavin NewsomUnder the State Constitution, the Lieutenant Governor serves as the President of the Senate. However, by law and custom the role of the President is extremely limited. He or she may be invited periodically to preside on ceremonial occasions, such as the opening of the Session. However, the only time the Lieutenant Governor is actually entitled to participate in the business of the Senate is in the case of a tie vote, when he or she casts the vote breaking the tie.
President pro Tempore, Darrell Steinberg (D - Sacramento)
The President pro Tempore, who also serves as the Chair of the Rule Committee, is the actual leader of the Senate. He or she is elected by the Members at the beginning of each Session. The "Pro Tem" is the presiding office on the Floor, overseeing the appointment of committee members, assignment of bills, progress of legislation through the house, confirmation of gubernatorial appointees, and overall direction of policy. He or she is also the political leader of the majority party.
Assistant President pro Tempore, Vacant
Majority Leader, VacantThe Majority Leader is chosen by the Majority Caucus, and serves as the main Floor manager for the President pro Tempore and Majority Party. He or she also is the chief assistant in political matters and strategy.
Minority Leader, Senator Robert D. Dutton (R)
The Minority Leader (also known as the "Republican Leader") is the second-most powerful position in the Senate. Elected by members of the Minority Caucus, he or she speaks for the Minority Party, maintains its inner discipline, and works with the President pro Tempore to set the Senate's order of business.
Majority Whip, Vacant
Whips are essentially assistants to the political leadership of each party in the Senate. They are elected by their respective caucuses, and help count potential votes on matters which present particular party concerns.
Minority Whip, Senator Tom Harman (R - Huntington Beach)
Whips are essentially assistants to the political leadership of each party in the Senate. They are elected by their respective caucuses, and help count potential votes on matters which present particular party concerns.
Democratic Caucus Chair, Vacant
Caucus chairs are elected by their respective parties. They convene caucus meetings, provide political advice to their leadership, and manage staff assisting Members in providing constituent services and communications with the public.
Republican Caucus Chair, Senator Bob Huff (R - Diamond Bar)
Caucus chairs are elected by their respective parties. They convene caucus meetings, provide political advice to their leadership, and manage staff assisting Members in providing constituent services and communications with the public.
Secretary of the Senate, Gregory Schmidt
The Secretary of the Senate is one of the three officers of the Senate who are elected by the total Membership, the other two officers being the President pro Tempore and the Chief Sergeant-at-Arms. He or she is the chief parliamentarian and keeper of the legislative records. The Secretary of the Senate is responsible for the accurate drafting of bills and the presentation of bills to the Governor. He or she is also the Executive Officer of the Senate, in charge of the day-to-day administration of the budgeting, personnel, accounting, purchases, contracting and property management.
Chief Sergeant-at-Arms, Tony Beard, Jr.
The Chief Sergeant-at-Arms, elected by the total Membership of the Senate, is responsible for order on the Senate Floor, and in committees and meetings. He or she is essentially the "chief" of the Senate's internal policing agency. The Chief Sergeant-at-Arms works closely with the California Highway Patrol and the Assembly Sergeants to maintain the security of the Capitol and Senate offices statewide. The Chief Sergeant also oversees various service officers within the house.
52 Democrats 2/3rds Majority Vote: 54
27 Republicans Majority Vote: 41
1 vacancy (AD-4)
Each Assembly District represents 485,000 Californians
27 Republicans Majority Vote: 41
1 vacancy (AD-4)
Each Assembly District represents 485,000 Californians
The Assembly has 30 Standing Committees in the 2011 – 2012 Legislative Session.
Assembly Officers
Speaker, Assembly Member John A. PérezThe highest ranking officer of the Assembly; usually elected by the Assembly Members at the beginning of each two-year legislative session. The Speaker or his or her designee presides over Floor Session. The Speaker's powers and duties are established by the Assembly Rules. The Speaker of the Assembly is the presiding officer of the Assembly and is elected for a two-year term by a majority vote of the Members. He or she is charged with the overall management and supervision of the Assembly. The Speaker appoints Members to all committees and subcommittees of the Assembly, allocates funds, staffing and other resources for the effective operation of the House, and establishes the committee schedules (A.R. 26).
Speaker pro Tempore, Assembly Member Fiona Ma
An officer appointed by the Speaker that presides over Floor Sessions in the absence of the Speaker.
Majority Floor Leader, Assembly Member Charles Calderon
Elected by the majority party caucus. Represents the Speaker on the Floor, expedites Assembly Floor proceedings through parliamentary procedures such as motions and points of order and promotes harmony among the membership.
Assistant Majority Floor Leader, Vacant
Majority Whip, Vacant
Assistant Majority Whip, Vacant
Democratic Caucus Chair, Assembly Member Jerry Hill
Minority Floor Leader, Assembly Member Connie ConwayElected by the caucus having the second largest House membership. Generally responsible for making motions, points of order and representing the minority caucus on the Floor.
Chief Clerk, E. Dotson Wilson
A nonpartisan, nonmember officer of the Assembly elected by the majority of the membership at the start of each two-year session as its legislative officer and parliamentarian.
Chief Sergeant-at-Arms, Ronald E. Pane
Staff responsible for maintaining order and providing security for legislators. The Chief Sergeant-at-Arms in each House is elected by a majority of the Members of that House at the beginning of every legislative session.
Codes and the Constitution
Searchable on line at this link, California Law consists of 29 codes, covering various subject areas
California Statutes are Chaptered Bills. A bill is "chaptered" by the Secretary of State after it has passed through both houses of the Legislature and has been signed by the Governor or becomes law without the Governor's signature. Statutes available online are those from 1993 to the present.
Regular Biennial Session
The biennial session is governed by constitutional deadlines for bills to be acted upon. The first occurs on January 31 of the second year of the biennium (2006), at which time those bills introduced in the first year of the biennium (2005) and still in the house of origin may no longer be acted upon by the house, and they are filed with the Chief Clerk or the Secretary of the Senate. No bill may be presented to the Governor after November 15 of the second year of the session (2006). Another deadline occurs at the end of the second year, following adjournment sine die (November 30, 2006), when all bills remaining in committee are returned to the Chief Clerk or Secretary.
Extraordinary Sessions:
The Constitution provides that the Governor may call the Legislature into special session by proclamation. The proclamation contains certain subjects, and the Legislature’s consideration is limited to the subjects specified, but it may provide for the expenses and other matters incidental to the session.
With respect to the question of what measures may be considered under an item of the Governor’s Proclamation convening the Legislature in extraordinary session, the California Supreme Court has stated as follows:
‘‘. . . The duty of the Legislature in special session to confine itself to the subject matter of the call is of course mandatory. It has no power to legislate on any subject not specified in the proclamation. . . . But when the Governor has submitted a subject to the Legislature, the designation of that subject opens for legislative consideration matters relating to, germane to and having a natural connection with the subject proper. . . . Any matter of restriction or limitation becomes advisory or recommendatory only and not binding on the Legislature. . . .’’
While the Governor controls the subject matter of legislation which may be considered during an extraordinary session, what is embraced in the subject as designated by the Governor is to be given a broad interpretation. The Legislature may consider matters germane (relating to) or those having a natural connection with, the subject contained in the proclamation.
The Rules Committees
There is in each house of the Legislature a Committee on Rules which acts as the executive committee of the house. At the beginning of each two-year session the practice is that the ‘‘majority party’’ proposes new House Rules, including the size of the Rules Committee membership. For example, the composition of the Assembly Rules Committee has varied from nine during the 1993–94 Regular Session to 12 during the second year of the 1995–96 Regular Session to 10 upon organization of the 1997–98 Regular Session. Since 2000, the Assembly Rules Committee’s membership has consisted of 8 members. In the Assembly, the Speaker appoints the Chair, Vice Chair, and membership of the Rules Committee under the existing rules.
Within two days after the November general election in each even numbered year, the majority and minority caucuses meet for the purpose of selecting their officers for the upcoming two-year session.
The Senate Committee on Rules consists of the President pro Tempore of the Senate, who is chairperson of the committee, and four other Members of the Senate who are elected by the Senate. The rules of each house provide that the Rules Committee shall continue in existence during any recess of the Legislature, after final adjournment, and until the convening of the next regular session with the same powers and
duties as while the Legislature is in session. A very important function of the Rules Committees is to refer all bills and resolutions to the appropriate standing committees. The Rules Committees make studies and recommendations designed to promote, improve, and expedite the business and procedure of their respective houses and committees. Amendments to the rules are proposed by the committees when they are deemed necessary.
Some of the important powers and duties the Rules Committees perform for their respective houses are: To authorize the appointment of employees, set their salaries, and adopt rules and regulations limiting the amount, time, and place of expenses and allowances to be paid to committee employees; to approve all claims for expenses incurred by the house’s committees, and to approve all proposed expenditures before the expenses are incurred; and to assign the subject matter of bills recommended for study to the appropriate committees. The Senate Rules Committee appoints members to Senate standing committees; the Speaker performs this function in the Assembly.
The Fiscal Committees (Appropriations and Budget Committees)
The Assembly Budget Committee and the Senate Budget and Fiscal Review Committee are among the hardest working and most powerful committees of the Legislature. They are charged with forging a consensus out of the myriad demands made upon a State Budget which is now in excess of
$100 billion.
Within the first 10 days of each calendar year these committees are the recipients of budget bills introduced simultaneously in each house. These identical bills are the result of many months of effort by the executive branch to establish the financial requirements of the state for the forthcoming fiscal year. Initially, then, the priorities reflect the determinations of the Governor. Once introduced, the budget bills immediately come under the scrutiny of the staffs of the fiscal committees of the Legislature and the office of the Legislative Analyst. Opinions are sought regarding every possible service and capital outlay imaginable and are reviewed at numerous hearings by various budget subcommittees.
So important is the attention to a balanced budget that the Constitution expressly prohibits the Legislature from sending to the Governor ‘‘any bill appropriating funds for expenditure during the fiscal year for which the budget bill is to be enacted, except emergency bills recommended by the Governor . . .’’. Thus, every bill appropriating money from the General Fund which is passed by the Legislature prior to the enactment of the Budget Bill requires the Governor’s request via a letter before being presented to him or her for signature.
Appropriations Committees
Any bill which: appropriates money; imposes new responsibilities or duties on the state; liberalizes any state function, program or responsibility; or results in substantial loss of revenue or reduction of state expenditures, must be heard by the Appropriations Committees in the Assembly and the Senate before it can be voted upon by the respective houses.140 This means that any bill implicitly or explicitly touching upon one or more of the above criteria must pass through both policy and fiscal committees of both houses.
The application of this rule requires these committees to review an estimated
80 percent of all bills considered by the Legislature. The fiscal committees are generally not thought of as policy committees except for the Budget, although some measures are occasionally referred directly to these committees. The distinction is noted by the Joint Rules which establishes different deadlines for policy committee and fiscal committee action.141 These staggered deadlines recognize the problem faced by authors of bills which must come under review by the fiscal committee after clearing the policy committee to which they were previously referred.
Confirmation of Appointments
Most appointments made by the Governor must be confirmed by a majority vote of the State Senate before the appointment becomes effective. The appointees to the State Board of Education, the Public Utilities Commission, the South Coast Air Quality Management District Board, and the State Adjutant General are but a few examples of the offices over which the Governor has appointment power and for which State Senate
confirmation is required.
The California State Assembly shares the confirmation power with the State Senate in only two instances: gubernatorial appointments to fill a vacancy in a statewide office, and approval of actuarial appointments. In each instance, an affirmative vote of both the Assembly and the Senate is required for the appointment to take effect, and if either house fails to confirm the appointment, it is considered denied. When a vacancy occurs in specified statewide offices (i.e., Lt. Governor, Atty. General, etc.), the Governor’s nomination of a replacement is subject to confirmation by a majority vote of the membership of the Assembly and Senate. In the event the nominee is neither confirmed nor denied within 90 days of the appointment, he or she shall take office as if having been confirmed. Likewise, when the Governor wishes to appoint an actuary for the Board of the Public Employees’ Retirement System, the nominee is submitted to each house of the Legislature. Thereafter, the Legislature has 60 calendar days within
which to confirm or deny the nomination; a majority vote in each house is required for approval. If the nominee is neither confirmed nor denied during this period, the appointment shall become effective on the 61st calendar day after the date of the nomination.
Legislative Counsel of California
Founded in 1913, the Office of Legislative Counsel is a nonpartisan public agency that drafts legislative proposals, prepares legal opinions, and provides other confidential legal services to the Legislature and others. The office also provides computer services, data networking, and related customer services to the Legislature. The Legislative Counsel of California is Diane F. Boyer-Vine. The main office is located at the State Capitol Building in Room 3021, and can be contacted at (916) 341-8000 begin_of_the_skype_highlightingend_of_the_skype_highlighting.The Legislative Analyst Office
The Legislative Analyst's Office (LAO) provides independent, nonpartisan analysis, research, and advice to the Legislature on fiscal and policy issues. The LAO was established in 1941 to reduce the cost of state government and increase its efficiency through independent oversight and review of the state's programs and financing. The LAO assists Members of the Legislature through its work on the state budget, by responding to ad-hoc requests for research and analysis from the Members, and by publishing independent reports focused on solving problems in state government today.
Key Publications
The Senate and Assembly Daily File (what is going to happen today – floor and committees)
The Senate and Assembly Daily Journal (what happened, also interesting information on the organization of the houses: seating charts
2011 Legislative DEADLINES
Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).
Jan. 3 Legislature reconvenes (J.R. 51(a)(1)).
Jan. 10 Budget must be submitted by Governor (Art. IV, Sec. 12 (a)).
Jan. 17 Martin Luther King, Jr. Day.
Jan. 21 Last day to submit bill requests to the Office of Legislative Counsel.
Feb. 18 Last day for bills to be introduced (J.R. 61(a)(1)), (J.R. 54(a)).
Feb. 21 President’s birthday
Mar. 28 Cesar Chavez Day
Apr. 14 Spring Recess begins at end of this day’s session (J.R. 51(a)(2)).
Apr. 25 Legislature reconvenes from Spring Recess (J.R. 51(a)(2)).
May 6 Last day for policy committees to hear and report to Fiscal
Committees fiscal bills introduced in their house (J.R. 61(a)(2)).
May 13 Last day for policy committees to hear and report to the Floor non-fiscal
bills introduced in their house (J.R. 61(a)(3)).
May 20 Last day for policy committees to meet prior to June 6 (J.R. 61(a)(4)).
May 27 Last day for fiscal committees to hear and report to the Floor
bills introduced in their house (J.R. 61 (a)(5)). Last day for fiscal
committees to meet prior to June 6 (J.R. 61 (a)(6)).
May 30 Memorial Day.
May 31 – June 3 Floor Session Only. No committee may meet for any purpose
(J.R. 61(a)(7)).
June 3 Last day for bills to be passed out of the house of origin (J.R. 61(a)(8)).
June 6 Committee meetings may resume (J.R. 61(a)(9)).
June 15 Budget must be passed by midnight (Art. IV, Sec. 12 (c)(3)).
July 4 Independence Day observed.
July 8 Last day for policy committees to meet and report bills (J.R. 61(a)(10)).
July 15 Summer Recess begins at the end of this day’s session, provided Budget
Bill has been enacted (J.R. 51(a)(3)).
Aug. 15 Legislature reconvenes from Summer Recess (J.R. 51(a)(3)).
Aug. 26 Last day for fiscal committees to meet and report bills to the Floor
(J.R. 61(a)(11)).
Aug. 29 – Sept. 9 Floor Session only. No committees, other than conference
committees and Rules Committee, may meet for any purpose (J.R.
61(a)(12)).
Sept. 2 Last day to amend bills on the Floor (J.R. 61(a)(13)).
Sept. 5 Labor Day.
Sept. 9 Last day for each house to pass bills (J.R. 61(a)(14)).
Interim Study Recess begins at end of this day’s session (J.R. 51(a)(4)).
Oct. 9 Last day for Governor to sign or veto bills passed by the Legislature before Sept. 9and in the Governor’s possession on or after Sept. 9 (Art. IV, Sec.10(b)(1)).
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