The life cycle of a bill in the California Legislature

This article is intended to provide a step-by-step instruction detailing how a bill becomes law in the California Legislature, sometimes referred to as the “life cycle” of a bill.

Statutes Need Bills
Whether a statute is added, amended or repealed, that process must be done by a bill being passed by the Legislature and signed by the Governor (unless he or she allows it to become law without a signature). According to the California Legislature, “the process of government by which bills are considered and laws enacted is commonly referred to as the legislative process.”

We begin the life cycle journey with the California Constitution, Article 4, Section 8(b)(1): “The Legislature may make no law except by statute and may enact no statute except by bill.”

Bill Idea
A piece of legislation starts when a group, organization, legislator, staff member, among others, suggests an idea for a new law or a change in or repeal of an existing law.

Finding a BillAuthor
The bill idea must be “pitched” to either a Senator or an Assembly Member for them to agree to author the bill. Only one of the 120 legislators can author a bill.

Drafting a Bill
The bill idea is then submitted to the attorneys at the Office of Legislative Counsel (OLC) for drafting. In the California Legislature, all legislative measures (bills, resolutions, and constitutional amendments) must be submitted in “Legislative Counsel” form. As a result, even if an outside group drafted legislative language, it will still be reviewed and finalized by the attorneys at the OLC.

Bill Introduction and First Reading
Thereafter, the legislator introduces the bill in the Assembly (if an Assembly Member) or in the Senate (if a Senator). It is assigned a bill number and read publicly for the first time. This is the first of three required readings. Once the bill is printed, there is no action for 30 days after introduction until the 31^st day in print (unless that constitutional requirement is waived).

Bill Referral
The respective Rules Committee will assign the bill to a standing committee(s) for their consideration. The proper committee referral is based upon a number of factors, including the subject matter of the bill and the jurisdiction of the committee(s), as well as prior precedent of similar bills. Many bills are assigned to a fiscal committee if the bill has a fiscal impact on the State or requires an expenditure of state funds (which is about 80% of all bills).

Policy Committee Hearing
Once the Rules Committee has assigned the introduced bill to a policy committee, then the bill is heard in that assigned policy committee and possibly the fiscal committee if there are local or state fiscal implications of the measure. At this committee hearing, the author presents his or her bill and the proponents and opponents are permitted to speak briefly at the hearing. A vote is taken whether to pass, amend and pass, or defeat a bill. After the bill passes the policy committee(s), it is read a second time.

Fiscal Committee Hearing
The vast majority of bills are referred to both a policy and fiscal committee. Once the committee(s) consider the measure, then the bill goes to the floor of the Assembly or Senate and, once passed, must complete the same process in the other house. Throughout this process, there are several opportunities prior to and during these committee hearings for interested parties to express their views on pending legislation.

Floor Action
After passage from the policy committee, as well as the fiscal committee, if necessary, the Floor process for legislation includes the bill’s Second Reading and then the 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 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).

Transmittal to Second (or Other) House
If a measure is approved on the floor, then the bill goes to the other (or second) house and the process repeats itself. The same process occurs in the second houses (i.e., policy committee, fiscal committee, Floor debate and vote). When a bill is approved by the second house, or the house of origin on concurrence, the bill goes to the Governor.

Concurrence
If there were any amendments made in the second house, then the bill must return to its house of origin for a final vote to either accept or reject those amendments. If they are rejected, then the measure does not go to the Governor’s Desk.

Gubernatorial Action
The Governor generally has 12 days upon which to act on a measure (roughly 200-300 bills each year are subject to this period of time), except for the large volume of bills that are send to his or her desk at the end of the Session. With those bills, usually numbering at least 750 measures, he or she has 30 days to sign or veto them. The Governor also has the option to allow a bill to become law without his 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 few weeks of the legislative session. Thereafter, the Secretary of State, in coordination with the Governor’s Office, assigns a chapter number to the bill.

New Law
The bill (i.e., the new law) generally becomes effective on January 1 of the following year, although urgency and budget bills, along with three other types of bills, take effect immediately upon the Governor’s signature. Most bills also have the same January 1 operative date, but some new statutes have a delayed operative date when the new law actually springs into life.