How to participate in the California legislative process

Before we discuss specifics of participation in the legislative process in California, we need to understand the basics of the legislative process in this state.

First, where do we find the rules governing the legislative process? First in the Constitution, followed by the Government Code, and then a number of them in the Legislature’s internal rules. The legislative process is also dependent on the calendar and specified deadlines.

Some of these rules are in the Constitution, while others are in the Government Code, while many others are in the Joint, Assembly, and Senate Rules. For example, the First Monday in December in the even-numbered year (when the 2-year Session convenes); November 30 in the even-numbered year (when the 2-year Session concludes); August 31 in the even-numbered year (when the Legislature adjourns in the second-year; January 31 in the even-numbered year (when 2-year bills have to clear their house of origin).

There are also key legislative publications to be aware of: Daily Files; Daily Journals; and, Weekly Histories. You can check out bills and legislative publications at this website:

https://leginfo.legislature.ca.gov/

Let us begin with a general overview of the California legislative process which is intended to acquaint you with the basics to better enable you to participate in the legislative process.

The California Legislature is bicameral with the Assembly (which has 80 members) and the Senate (which has 40 members) and the two houses meet in biennial sessions. Legislators must be at least 18 years of age and a U.S. citizen in order to serve in either house.

Pursuant to Proposition 28 approved by the voters in June 2012, legislators may serve a maximum of 12 years in state office, and they can serve all 12 of those years in one house or in combination of both houses. Assembly Members are elected every two years and senators are elected every four years.

Legislators have personal and committee staff to assist them in performing the duties of their office, and the Legislature is served by additional professional staff including the Legislative Data Center, Legislative Counsel Bureau, Legislative Analyst, and Bureau of State Audits.

There are essentially two paths to lawmaking in California. The initiative is a power reserved to the voters of this state to propose statutes and amendments to the California Constitution. The other path is legislative wherein the Legislature passes bills and the Governor signs them to create statutes.

A piece of legislation starts when a group, organization or legislator suggests legislation and either a Senator or Assembly Member agrees to author the bill. The bill idea is submitted to the Legislative Counsel for drafting. Thereafter, the bill is printed and there is no action for 30 days after introduction. Then the Rules Committee assigns the bill to committee for a hearing.

Bills are assigned to policy committees according to their subject area and may be assigned to a fiscal committee if the bill has a fiscal impact on the State or requires an expenditure of state funds. The committee process includes a bill analysis, hearing, and vote.

At a bill hearing, the author presents his or her measure, followed by witnesses speaking for and against the bill, and then the author makes closing remarks. Thereafter, Committee actions can include passing the bill as is, passing it with amendments, or defeating the bill.

After passage from the policy committee, as well as the fiscal committee if necessary, the Floor process for legislation includes:

• Second Reading — Bills passed by committees are read a second time on the
  floor in the house of origin and assigned to third reading for final consideration.
• Third Reading — After the bill is read a third time, it is explained by the author, discussed by Members, and voted on by all the members of the house.

If the bill is approved in its house of origin, then the bill is transmitted to the second house.  If the bill is defeated, the Member may seek reconsideration and another vote.  Most bills require a majority vote in both houses (21 votes in the Senate and 41 votes in the Assembly).

However, there are some measures that require a 2/3 majority vote (27 votes in the Senate and 54 votes in the Assembly), such as those with an urgency clause, bond acts, some appropriations bills, constitutional amendments, and bills that amend certain initiatives (e.g., Political Reform Act, Prop. 103).

If a measure is approved on the floor, then the bill goes to the other house and the process repeats itself.  When a bill is approved by the second house, or the house of origin on concurrence, the bill goes to the Governor.  The Governor generally has 12 days to act on a measure and can either sign the bill, veto the bill, or allow the bill to become law without his or her signature.

This deadline is extended to 30 days at the end of session to consider the hundreds of bills approved by the two houses in the last two weeks of the legislative session. Thereafter, the Secretary of State gives a chapter number to the bill and it becomes law on January 1 of the following year, although urgency and budget bills take effect immediately.

Now that you have a basic understanding of the California legislative process, how can individuals participate in this process? You can communicate orally (phoning, meeting, or testifying) or in writing (letter or email). It should be obvious, but the sooner you communicate the better chance you have. That means, for example, reaching out to the legislator or their staff before a vote is scheduled on a bill.

There are essentially three main avenues for public participation in the legislative process: Meetings, writings, and testimony. In other words, meet with elected or appointed officials and their staff, write letters, and testify in a committee. Below are some key suggestions for these three forms of engagement in the legislative process.

When meeting with an elected official or their staff, follow these guidelines:

• Dress nicely and be on time. First impressions matter.
• If you represent an organization, introduce yourself and tell your legislator the name and mission of your organization, where it is located and the size of its membership.
• If you are lobbying as an individual, be sure to introduce yourself and to mention any relevant history or other ties you may have with the official or the issue.
• State clearly and concisely what issue you want to discuss, what your position is, and what action you want your meeting target to take.
• Offer a few supporting facts about why the official should take your position.
• Share a personal story or offer concrete examples that highlight your experience with the issue and why you care about it.
• Mention other organizations, influential people, federal or local government officials and lawmakers that support your position. Do your research beforehand to ensure that these other elected or appointed officials or groups will be persuasive to your meeting target, otherwise do not mention them.
• Be a good listener. After you make your pitch, allow the official to respond.
• Give the lawmaker a “leave behind” fact sheet (1-2) pages that outlines your position, explains what the bill does (if applicable), and why s/he should support your viewpoint.
• Always thank your legislator for their time at the end of the meeting, even if they did not agree with your position.

When writing a letter, follow these guidelines with your written communications with elected officials and their staff:

• Use your letterhead when communicating your position on a bill.
• Keep your letter short.
• If you know the bill’s hearing date, be sure to include it.
• State your support or opposition position in the first sentence of the letter.
• Provide concrete, credible information on the impact of the bill on your business.
• Indicate the bill you are writing about by bill number and author, as well as a short phrase describing the bill, and whether you support or oppose the bill.
• Be sure to send copies of your letter to the Governor’s office, Department of Finance, and committee staff to ensure that the appropriate persons review your correspondence as well.
• Use boldface type, italics or underline sparingly to emphasize important points.
• Act promptly on writing and sending your letter so that it arrives before a vote is taken.

When testifying in committee, keep these guidelines in mind for your presentation:

• Be presentable, professional, and moderate in appearance and conduct.
• Address your comments and attention to committee members and not the audience. Address committee members by title and name, especially the chairperson. You should begin by saying “Madam Chair (or Mr. Chairman), my name is. . .”
• In your introduction, state your name, your title and the organization(s) you represent; cite the importance of the issue.
• Talk, do not read, if at all possible. Speak loud enough to be heard. Do not waste time.
• Be aware of what others have already testified to and do not repeat testimony.
• Do not be antagonistic. Avoid inflammatory comments, criticizing the committee or its members.