What you should know about California special sessions

California Gov. Gavin Newsom has called a special session of the Legislature for Dec. 2nd to “safeguard California values” against perceived threat from another Trump administration. Today’s  edition of the Micheli Files has all you need to know about how such sessions work.  

Special Session Defined
A “special” session is one convened pursuant to a proclamation issued by the Governor. Article IV, Section 3(b) of the state Constitution specifies, in part: “on extraordinary occasions the Governor by proclamation may cause the Legislature to assemble in special session. When so assembled it has power to legislate only on subjects specified in the proclamation but may provide for expenses and other matters incidental to the session.”

A special session can run separately (i.e., outside the regular session) or concurrently with the regular session (i.e., at the same time). Just like in a regular session, officers are elected and rules are adopted by both the Assembly and Senate. Generally, the regular session house and joint rules, as well as the regular session officers, are simply adopted for purposes of the special session. For example, pursuant to Senate Rule 12, the standing committees of any regular session are the standing committees of concurrent special or extraordinary sessions, unless otherwise ordered by the Senate.

A common misconception is that the Legislature must enact bills when called into special session. While the Legislature must convene the special session once it has been called by the Governor, there is no legal requirement that any legislation be enacted, nor even be voted upon.

Special Versus Regular Session
However, the state Constitution does limit what the Legislature can consider during a special session — “it has power to legislate only on subjects specified in the proclamation, but may provide for expenses and other matters incidental to the special session.” In Senate Rule 24, for example, it sets forth the requirement that any bill or resolution received at the Senate Desk must be referred to the Committee on Rules which “shall decide whether or not the bill or resolution can properly be considered at the session.”

Aside from the fact that a special session is limited to the subject matter for which it was called, there are no significant differences in legislative process between a regular and special session. However, one important note is the effective dates for bills enacted during a special session are somewhat different than those for a regular session. Pursuant to Joint Rule 50.3, all special sessions are designated in numerical order by the session in which they are convened.

Regular session bills, except the four types of bills that take effect when the Governor signs them, generally take effect on the following January 1. On the other hand, special session bills take effect on the 91^st day after adjournment of the special session, which also means that, if the business before the special session has concluded, then the special session should cease so that the 90-day clock can begin running.

Of course, a bill with an urgency clause in a special session will take effect immediately once signed by the Governor, just like an urgency clause bill in a regular session. Finally, note that regular sessions of the Legislature, and any special sessions not previously adjourned, are adjourned sine die at midnight on November 30 of each even-numbered year. As such, neither a regular session nor a special session will continue indefinitely.

Number of Special Sessions
The following is a listing of the number of special sessions held over the thirty years in the California Legislature:

2023-24 Session:  2

2021-22 Session:  0

2019-20 Session:  0

2017-18 Session:  0

2015-16 Session:  2

2013-14 Session:  2

2011-12 Session:  1

2009-10 Session:  8

2007-08 Session:  4

2005-06 Session:  2

2003-04 Session:  5

2001-02 Session:  3

1999-00 Session:  1

1997-98 Session:  1

1995-96 Session:  4

Over the past 30 years, there have been 35 different special sessions. During the past eight years (or during the past 4 legislative sessions), there have been just two special sessions, but there were no special sessions held during Governor Newsom’s first term in office. Governor Brown issued 5 special session proclamations during his second 8-year stint.

Governor Schwarzenegger issued 18 special session proclamations during his 7 years in office. Governor Davis issued 5 special session proclamations during his 5 years in office. Governor Wilson issued more than half a dozen special session proclamations during his two terms in office.

Applicable California Constitutional Provisions
The power to call a special session by the Governor is set forth in the California Constitution, in Article IV, Section 3(b). This provision states: “(b) On extraordinary occasions the Governor by proclamation may cause the Legislature to assemble in special session. When so assembled it has power to legislate only on subjects specified in the proclamation but may provide for expenses and other matters incidental to the session.”

Based upon the above language in the state Constitution, the existence of an “extraordinary occasion” allows the Governor to call the Legislature into “special session.” This is the only time that the word “extraordinary” is used in Article IV. On the other hand, the word “special” is used half a dozen times in Article IV. In addition, to Section 3(b), the terms regular session and special session are referenced in several sections of the state Constitution.

Section 8(c)(1) deals with the time a statute enacted at a special session goes into effect. Section 10(b)(4) deals with the 12-day veto period after adjournment of a special session. Section 10(f)(1) deals with fiscal emergency special sessions. Section 12(h) deals with expenses paid to legislators during regular or special sessions. As a result, the term “special session” is used throughout the state Constitution, especially in relation to a regular session.

Applicable California Statutory Provisions
Of interest is that there are roughly 90 references to “extraordinary sessions” in California statutes, but the term is used to reference a specific extraordinary session relating to the effective date of a statute enacted during such an extraordinary session. We see the term in statute as early as a 1944 Extraordinary Session.

Otherwise, only Government Code Section 9004 references an “extraordinary session” (in addition to a regular session) regarding when the Legislature must convene during or following a war or enemy-caused disaster.

In the meantime, there are just over two dozen references to a “special session” in the Government Code. For example, Section 9921 requires the Senate and Assembly to adopt Joint Rules for their proceedings “for each regular and special session by resolution…”

Applicable California Legislative Rule Provisions
In the Joint Rules of the Assembly and Senate, the term “extraordinary session” is used almost exclusively. Joint Rule 3.5 relates to the effect of the adoption of joint rules for any extraordinary session. JR 13 deals with the distribution of legislative publications for any regular or extraordinary session. JR 13.3 deals with the Summary Digest at each regular and extraordinary session. JR 50.3 deals with the designation of all extraordinary sessions. On the other hand, only once is the term “special session” mentioned in the Joint Rules.

In the Senate Rules, the term “extraordinary session” is used just once – in Senate Rule 12. On the other hand, the Senate Rules use the term “special session” three times, such as in SR 24 relating to the introduction of bills and resolutions at special sessions. However, the Assembly Rules do not reference either special session or extraordinary session at all.

Because “special session” is used throughout the state Constitution, I think that is the better term to use. However, in legislative publications (Daily File, Daily Journal, Weekly History, etc.) and the Joint Rules, the term “extraordinary session” is what is used.

Subject Matters of Prior Special Sessions
In prior legislative sessions of the last twenty years, special sessions have been called by Governors regarding a number of different topics, including:

• • Balancing the state budget
  • Workers’ compensation
  • State pensions
  • Education
  • Redistricting
  • Transportation
  • Funding for prison construction
  • Health care
  • Water
  • Tax reform
  • Gas pricing

Be sure to review the Governor’s proclamation and what is the broad or narrow scope of the subject matter of the proclaimed special session.

Form of a Special Session Bill
Bills introduced and considered in a special session are generally written as:

BILL NUMBER: ABX1 19

As a result, the above bill is formally titled: ABX1 19 (AB 19 in the First Extraordinary Session). It can also be written as AB 19x.

In addition, at the top of each special session bill, there will be the following:

CALIFORNIA LEGISLATURE— 2023–2024 1st Ext.

This makes clear that the bill is during the 2-year legislative session, but in the First Extraordinary Session.

Otherwise, a special session bill looks like a regular session bill. And, just like a regular session bill, a special session bill can amend, add, repeal, or do a combination of those actions to California’s Codes.

Color aper Used for Legislative Publications in the First Special Session
Blue. This means that the Daily Files, Daily Journals, and Weekly Histories will be printed on blue paper, rather than the white that is used for all regular session legislative publications.

Difference Between “Calling” a Special Session and the “Call” of a Special Session
First, some use the term “proclaim” (e.g., proclaim a special session), rather than “call” a special session. This is because some use the term “call” to describe the purpose of the special session. In other words, “what is the call of the special session?” essentially means, “For what purpose is the special session being convened?” The “call” of a special session can be broad or narrow in its scope.

Second, an important requirement of the “call of the special session” is that bills can only be heard in the special session if they fall within the stated purpose of the special session. In fact, the Assembly Rules Committee and the Senate Rules Committee decide whether a bill’s subject matter is properly within the call (or jurisdiction) of the special session.

On the Senate side, a bill cannot be introduced in a special session without prior approval of the Senate Rules Committee. Recall that Article IV, Section 3(b) of the state Constitution specifies that the Legislature “has power to legislate only on subjects specified in the [Governor’s] proclamation…”

Ending a Special Session
When the business of the special session has been completed, assuming it does not continue until November 30 in the even-numbered year, when the Legislature (and any pending special session) will adjourn sine die, the Assembly and Senate will adopt a concurrent resolution that will provide that the First Extraordinary Session of the Legislature will “stand adjourned sine die at midnight on the date that this measure has been adopted by both houses of the Legislature.”

Rules for Gubernatorial Bill Actions in a Special Session
Regarding gubernatorial action on a bill during the special session, Article IV, Section 10(b)(4) of the state Constitution provides: “If the Legislature by adjournment of a special session prevents the return of a bill with the veto message, the bill becomes a statute unless the Governor vetoes the bill within 12 days after it is presented by depositing it and the veto message in the office of the Secretary of State.”

The normal 12-day rule applies to special session bills just like in a regular session. In other words, the Governor has 12 days to act on a special session bill or else it becomes law without the Governor’s signature. In the case when the Legislature sends a bill to the Governor’s desk and then adjourns the special session, the Governor can still veto the message within the 12-day period, but hr/she returns the vetoed bill to the Secretary of State, rather than the house of origin.

Effective Date of a Special Session Bill
Regarding effective dates of bills enacted in a special session, Article IV, Section 8(c)(1) provides: “…. a statute enacted at a special session shall go into effect on the 91st day after adjournment of the special session at which the bill was passed.” This is intended to allow a referendum to be pursued against a bill enacted in a special session (except four types of bills that are not subject to referendum).

Because of this constitutional provision, a bill enacted (absent an urgency clause, tax levy, or budget appropriation) in a special session has to wait for the special session to adjourn sine die before the 90-day clock begins. Recall that effective dates (when a new law is “on the books”) are different than operative dates (when a new law’s provisions apply).

Legislative Rules That Apply (or Don’t Apply) to Special Session Bills
As the California Legislature plans to convene a special (or extraordinary) session on December 2, 2024, the following is a list of most rules that special session bills are or are not subject to:

1. 1. A special session bill is limited to the subject matter of the Governor’s proclamation, pursuant to Article IV, Section 3(b) of the state Constitution.
   2. A special session bill is not subject to the 30-day in print rule, pursuant to Article IV, Section 8(a), because that rule only applies to regular session bills.
   3. A special session bill is read by its title on 3 days in each house, unless dispensed with by a 2/3 vote of the house’s membership, pursuant to Article IV, Section 8(b)(1).
   4. A special session bill must comply with the 72 hours in print rule for the final form of the bill before being voted upon, pursuant to Article IV, Section 8(b)(2), unless dispensed with due to a state of emergency being proclaimed.
   5. A special session bill must pass each house with at least a majority vote, pursuant to Article IV, Section 8(b)(3).
   6. A special session bill takes effect on the 91^st day after the adjournment of the special session, pursuant to Article IV, Section 8(c)(1), unless the bill takes effect immediately due to being an urgency statute, a statute calling an election, a statute providing a tax levy, or a statute providing for usual current expenses of the state (budget-related bill), pursuant to Section 8(d).
   7. A special session bill must comply with the single subject rule, pursuant to Article IV, Section 9.
   8. A special session bill cannot be a special statute unless a general statute cannot be made applicable, pursuant to Article IV, Section 16.
   9. A special session bill must have a title that conveys an accurate idea of the contents of the bill, pursuant to Joint Rule 7.
   10. A special session bill, if it amends more than one section of an existing law, must contain a separate section of each existing law section that is amended, pursuant to Joint Rule 8.
   11. A special session bill may not be introduced unless it is contained in a Legislative Counsel cover and accompanied by a Legislative Counsel’s Digest, and shows the changes in the existing law that are proposed by the bill, pursuant to Joint Rule 8.5.
   12. A special session bill is subject to re-referral to a fiscal committee if one of four tests are met, pursuant to Joint Rule 10.5.
   13. A special session bill is not subject to the legislative calendar during the regular session, pursuant to Joint Rule 51.
   14. A special session bill is not subject to the deadline for introducing bills, pursuant to Joint Rule 54.
   15. A special session bill is not subject to the 30-day waiting period, pursuant to Joint Rule 55.
   16. A special session bill is not subject to the deadlines applicable to regular session bills, pursuant to Joint Rule 61.
   17. A special session bill is not subject to the committee procedures applicable to regular session bills, including the 4-day File notice, pursuant to Joint Rule 62(a).

Finally, a normal course of business is for the two houses of the California Legislature to adopt a concurrent resolution that applies the Joint Rules of the Senate and Assembly from the Regular Session to a special session, often with specified exceptions.