Resolutions used in the California Legislature

What is a “resolution” in the California Legislature? Although resolutions and concurrent resolutions are mentioned several times in Article IV of the California Constitution, neither term is defined in that document. There also is not a definition for either term in the Government Code. A traditional definition of a resolution is a written motion that is considered for adoption by a legislative body.

Fundamentally, a resolution is a written measure that expresses the will or the opinion of the Legislature. As opposed to a bill, once adopted, a resolution does not have the force or effect of law. Also, as opposed to bills, resolutions are not presented to the Governor for final consideration.

Types of Resolutions
In California, there are several types of resolutions. California’s Legislative Counsel provides definitions for concurrent and joint resolutions as follows:

Concurrent Resolution
A measure introduced in one house that, if approved, must be sent to the other house for approval. It requests action or states the Legislature’s position on an issue. The Governor’s signature is not required. These measures usually involve the internal business of the Legislature. The Assembly version uses the acronym ACR, while the Senate version uses SCR.

Joint Resolution
A resolution expressing the Legislature’s opinion about a matter within the jurisdiction of the federal government, which is forwarded to Congress for its information. It requires the approval of both the Assembly and Senate, but does not require the signature of the Governor. The Senate version uses the acronym SJR, while the Assembly version uses AJR.

There is also a house resolution and a memorial resolution used in the California Legislature. A memorial resolution is one used to convey the sympathy of the Legislature on the passing of a constituent or dignitary.

A house resolution is used to adopt rules for the individual house or express the opinion of a single house. They often involve the internal business of a single house of the Legislature and they only require passage in that particular house. The Assembly version uses the acronym HR, while the Senate version uses SR.

Component Parts of a Resolution
What are the component parts of a resolution? In terms of the anatomy of a resolution, the three main types of legislative resolutions contain the following provisions:

Legislative Session. At the top of each bill, the following language appears: “California Legislature – 2019-2020 Regular Session.” The only two items that change would be the 2-year Legislative Session, and if there is an Extraordinary Session (also called a special session), rather than a Regular Session.

Resolution Number, which follows the words “House Resolution,” “Senate Resolution,” “Assembly Concurrent Resolution,” “Senate Concurrent Resolution,” “Assembly Joint Resolution,” and “Senate Joint Resolution.” The Assembly Chief Clerk or the Secretary of the Senate assigns the resolutions their numbers for each resolution introduced in its respective house of origin, usually in the order in which it was received at the Assembly or Senate Desk. This number remains the same throughout the legislative process, even when the measure is considered in the second house.

Author(s), as well as principal coauthors and coauthors.  In the U.S. Congress and many state legislatures, the author of the bill is known and referred to as the “sponsor.” In the California Legislature, the author is the legislator who authors the resolution. The first line always lists the main author(s) who introduced the resolution. Below the first line lists any principal coauthor and the next line lists any coauthor. One list is used for the house of origin coauthors and another line below that is used for coauthors from the other house.

Date Introduced, as well as Date Amended, with the house making the amendment listed (i.e., the Senate or Assembly).

Resolution Title, which is a short phrase, also called the “Relating” clause because it begins with the phrase: “Relative to ….” The title must encompass the subject matter contained in the resolution.

Legislative Counsel’s Digest, which merely states what the resolution would do.

Digest Key, which contains only the fiscal committee key.

Resolution Text, which is the actual language of the resolution, containing “Whereas” and “Resolved” clauses. These are the provisions that make up the anatomy of a bill in the California Legislature.

Key Drafting Rules for a Resolution
Like other legislative measures, a title is drafted and a Legislative Counsel’s Digest must be prepared that explains what the resolution proposes to do. Because there is not an existing law section of the Digest, the explanation is usually just one sentence. For example, ACR 80 from the 2019 Session had the following Legislative Counsel’s Digest: “This measure would recognize the week of May 13, 2019, to May 20, 2019, inclusive, as Infrastructure Week, and would urge the citizens of California to join in this special observance with appropriate events and commemorations.”

The Legislative Counsel’s Digest for a Concurrent Resolution usually begins: “This measure would ….” The Legislative Counsel’s Digest for a Joint Resolution usually begins: “This measure would urge the Congress and the President of the United States to…” On the other hand, a house resolution does not have a Digest. Instead, it contains a heading that begins: “Relative to ….”

In terms of the Legislative Counsel’s Digest Key, a house resolution does not contain any keys. For concurrent and joint resolutions, the Digest Key has only a single key: Fiscal committee. In other words, does the concurrent or joint resolution need to be referred to the fiscal committee for consideration of any possible fiscal impacts due to the language of the resolution.

Thereafter, the text of the resolution begins, which utilizes “Whereas” clauses and concludes with “Resolved” clauses. There is no limitation on the number of Whereas clauses that a resolution can contain. There is usually half a dozen or so, but some resolutions have two or three, while others contain a dozen or more Whereas clauses.

For a concurrent resolution that originates in the Assembly, the first Resolved clause begins: “Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature ….” For a joint resolution that originates in the Senate, the first Resolved clause begins: “Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature urges the Congress of the United States to ….”

For a concurrent resolution that originates in the Assembly, the final Resolved clause usually provides: “Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution.”  For a joint resolution that originates in the Senate, the final Resolved clause usually provides: “Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the United States Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution.”

For the most part, drafting a resolution in the California Legislature requires the bill drafter to utilize all of the usual guidelines of bill drafting as well as the required drafting style for California measures.