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| The process by which bills are considered and laws are enacted is commonly referred to as the legislative process. The California Legislature is made up of two houses: the 40-member Senate and the 80-member Assembly. All legislation begins as an idea or concept that can come from a variety of sources. The process begins when a Senator or Assemblymember decides to author a bill. A legislator sends the idea for the bill to the Legislative Counsel where it is drafted into the actual bill. The draft of the bill is returned to the legislator for introduction. If the author is a Senator, the bill is introduced in the Senate. If the author is an Assemblymember, the bill is introduced in the Assembly. |
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| • FIRST READING/INTRODUCTION A bill is introduced or read the first time when the bill number, the name of the author,and the descriptive title of the bill is read on the floor of the house. The bill is then sent to the Office of State Printing. No bill may be acted upon until 30 days have passed from the date of its introduction. • COMMITTEE HEARINGS The bill then goes to the Rules Committee of the house of origin where it is assigned to the appropriate policy committee for its first hearing. Each house has a number of policy committees and a fiscal committee. Each committee is made up of a specific number of Senators or Assembly members. Bills are assigned to policy committees according to subject area. For example, a Senate bill dealing with energy issues would be assigned to the Senate Energy,Utilities and Communications Committee for policy review. Bills that require the expenditure of funds must also be head in the fiscal committees: Senate Appropriations or Assembly Appropriations. Each house maintains a schedule of its legislative committee hearings. Prior to a bill's hearing, a bill analysis is prepared by the committee staff that explains the current law, what the bill is intended to do, and some background information. Typically, the analysis of the bill and will generally send letters of opposition or support to the author and the committee members. These letters are important and should be mailed to the author and committee members before the bill is scheduled to be heard in committee. During the committee hearing, the author presents the bill to the committee and testimony can be heard in support of or opposition to the bill. The committee members may question the author and witnesses, then vote to pass the bill, pass the bill with amendments or defeat the bill. Bills can be amended several times. It takes a majority vote of the full committee membership for a bill to be passed by the committee. • SECOND AND THIRD READING Bills passed by committees are read a second time on the floor in the house of origin and then assigned to third reading. Bill analysis are also prepared prior to 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 that require an appropriation or that take effect immediately generally require 27 votes in the Senate and 54 votes in the Assembly to be passed. Other bills generally 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. • REPEAT PROCESS IN OTHER HOUSE Once the house of origin has approved the bill, it proceeds to the other house where the procedure is repeated. • RESOLUTION OF DIFFERENCES 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 can not be reached, the bill is referred 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 bill is returned to both houses for a vote. • GOVERNOR If both houses approve a bill, it then goes to the governor, who has three choices. The governor 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 the day of January of the next year. Urgency measures take effect immediately after they are signed or allowed to become law without signature. • CALIFORNIA LAW Bills that are passed by the legislature and approved by the governor are assigned a chapter number by the secretary of state. These chaptered bills (also referred to as statutes of the year they were enacted) then become part of the California Codes, 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 constitution come about as a result of constitution amendments presented to the people for their approval. |
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