Overview Of California Legislative Process

BILL DIGESTThe legal synopsis of a measure; prepared byLegislative Counsel (see Digest and LegislativeCounsel).BLUE PENCILThe California Constitution grants the Governor “lineitem veto” authority to reduce or eliminate any itemof appropriation from any bill including the BudgetBill. In the 1960’s the Governor actually used aneditor’s blue pencil for the task (see line item veto).BOND BILL (General Obligation Bonds)A bill authorizing the sale of State general obligationbonds to finance specified projects or activities; themeasure subsequently must be approved by thevoters.BUDGET ACTThe Budget Bill after it has been signed into law bythe Governor.BUDGET BILLThe spending proposal for the next fiscal yearsubmitted by the Governor and considered by bothhouses of the Legislature.BUDGET TRAILER BILLSee “Trailer Bill.”BUDGET YEARThe next fiscal year that begins July 1 and concludeson June 30; the year following the current fiscal year.CALIFORNIA CODE OF REGULATIONSThe official compilation of regulations legallyadopted by State agencies and filed with theSecretary of State; the recognized source ofCalifornia administrative law.CALL OF THE HOUSEThe procedure used to compel attendance ofMembers and to require those in attendance toremain in the Chamber.CAPITAL OUTLAYFunds to be spent acquiring, improving orconstructing fixed assets.CASTING VOTEThe deciding vote the Lieutenant Governor may castin the case of a tie vote in the Senate.CAUCUS(1) A closed meeting of the legislators of one politicalparty. (2) A group of legislators who meet formallybecause of their interest in specific issues (e.g., RuralCaucus, Women’s Caucus, Latino Caucus, BlackCaucus, etc.).CHAPTERAfter a bill has been signed by the Governor, theSecretary of State assigns the bill a Chapter Number,for example, “Chapter 123, Statutes of 1998,” whichsubsequently may be used to refer to the measure.CHAPTERING OUTWhen, during a calendar year, two or more billsamending the same code section become law, thebill enacted last (with a higher chapter number)becomes law and prevails over (“chapters out”) thecode section in the bill or bills previously enacted.Chaptering out can be prevented with the adoptionof “double jointing” amendments (see conflict,double jointing).CHECK-IN SESSIONOn non-Floor Session days, legislators are requiredto “check-in” with the Chief Clerk or Secretary of theSenate to be added to the roll for attendancepurposes. A quorum must be recorded in order forlegislative business to be transacted.COAUTHORAny member of either house, with the agreement ofthe author of a bill, may add his or her name on thatbill as a coauthor, usually indicating support for theproposed legislation.CODESBound volumes of law organized by subject matter.The code sections to be amended by a bill arereferred to in the title of the bill.COLACost-of-living adjustment.COMMITTEE CHAIRA Member selected by the Speaker to preside overthe proceedings and actions of a specific committee.COMMITTEE OF THE WHOLEThe entire Assembly or Senate sitting as a committeeto consider any matter properly presented to it.COMPANION BILLAn identical bill introduced in the other House. Thisprocedure is less common in the CaliforniaLegislature than in Congress.CONCURRENCEApproval by the House of origin to changes made toa bill while it was in the second House (e.g.,Assembly approval of Senate amendments to anAssembly bill). If concurrence is denied, the bill iseligible to be sent to a two-house conferencecommittee (see conference committee).A COUNTY SUPERVISOR'S RESOURCE GUIDE5.5

CONCURRENT RESOLUTIONA measure that can be introduced in either House,but must be approved by both Houses and filed withthe Secretary of State to take effect. The Governor’ssignature is not required. These measures usuallyinvolve the business of the Legislature (e.g.,adoption of the Joint Rules).CONDITIONAL (OR CONTINGENT) EFFECTThe effect of a bill, or portion thereof, is madedependent upon the occurrence of a specified event(e.g., passage of another measure, securing a federalwaiver, receipt of revenues, etc.) (see contingentenactment language).CONFEREESMembers appointed to a conference committee.CONFERENCE COMMITTEEA joint Assembly and Senate committee composedof six legislators, three from each House. Theconference committee meets in public session toreconcile differences between the Assembly andSenate versions of a measure. Three Assemblyconferees are chosen by the Speaker; three Senateconferees are chosen by the Senate RulesCommittee.CONFERENCE REPORTAmendments agreed upon by a majority of aconference committee. Two Members from eachHouse must agree on the conference report in orderfor the report to be considered by the Houses (seeConference Committee).CONFLICTDuring a calendar year, when two or more billsamend the same code section, they are said to be inconflict. Technical amendments must be taken toeach bill prior to its approval by the Legislature inorder to ensure that all changes proposed by theenacted bills take effect (see chaptering out, doublejointing).CONSENT CALENDARA group of noncontroversial bills passed by acommittee to another committee or the fullAssembly or Senate. Bills may be placed upon theConsent Calendar if they are reported to the Floorwith that recommendation and (1) have received no“no” votes in committee and (2) have had noopposition expressed by any person present at thehearing.CONSTITUTIONAL AMENDMENTA resolution changing the language of the StateConstitution, adopted by a two-thirds vote of theLegislature or presented by initiative. It requires anA COUNTY SUPERVISOR'S RESOURCE GUIDE5.6affirmative vote of the majority of the electorate tobecome effective.CONSULTANTA professional committee staff person.CONTINGENT ENACTMENT LANGUAGEConnects two bills so that one bill will not becomeoperative unless another bill also takes effect (seeconditional effect).DAILY FILEThe official document published by each Houseshowing bills eligible for Floor action that day; it alsoincludes a schedule of committee hearings andOfficers and Committees of the House.DAILY JOURNALA publication produced by each House for eachlegislative day that contains the official record of theFloor Session, vote information, motions,parliamentary inquiries, and letters of legislativeintent (see Journal).DEADLINESThe dates by which bills must be introduced, heardand enacted. Established by the Constitution, and byAssembly, Senate, and Joint Rules.DIGESTPrepared by the Legislative Counsel, it summarizesthe effect of the proposed bill on current law (seeBill Digest and Legislative Counsel’s Digest).DISTRICTThe area of the State represented by a legislator.Each district is determined by population and isknown by a number. There are 40 Senate districtsand 80 Assembly districts.DISTRICT BILLLegislation introduced specifically on behalf of alegislator’s district, generally affecting only thatdistrict.DO PASSAn affirmative recommendation made by acommittee; moves a bill to the Floor or to the nextcommittee, as specified, without amendment.DO PASS AS AMENDEDAn affirmative recommendation made by acommittee; moves a bill to the Floor or to the nextcommittee, as specified, providing the language ofthe bill is changed as specified.DOUBLE JOINTINGDouble jointing refers to technical amendmentsnecessary when two or more bills propose to amendthe same code section (i.e., are in conflict). Double

jointing prevents the problem of chaptering out (seeChaptering Out, Conflict).DOUBLE REFERREDLegislation referred by Rules Committee to twopolicy committees for hearing. Both committeesmust approve the measure to keep it moving in theprocess. This is typically used for issue areas thatoverlap the jurisdiction of more than one policycommittee.DROPPEDWhen an author has decided not to pursue thepassage of a bill.EFFECTIVE DATEAs specified by the Constitution, the date when a lawtakes effect. The date is usually January 1 of thefollowing year, unless the bill is an urgency measureor specifies another date.ENACTMENT OR ENACTED INTO LAWThe act of passing legislation involves both Houses. Abill moves through the legislative process and, ifagreed upon by both houses, is sent to theGovernor. If the Governor signs the bill or allows it tobecome law without his signature, it is enacted intolaw.ENACTMENT DATEThe date the Governor signs a bill.ENGROSSED BILLWhenever a bill is amended, the printed form of thebill is proofread to make sure all amendments areinserted properly. After being proofread, the bill is“correctly engrossed” and is therefore in properform.ENGROSSMENTThe process of comparing the printed bill to ensure itis identical to the original and to verify that anyamendments have been correctly inserted.ENROLLED BILLWhenever a bill passes both Houses of theLegislature, it is ordered enrolled. Upon enrollment,the bill is again proofread for accuracy and thendelivered to the Governor. The enrolled bill containsthe complete text of the bill with the dates ofpassage certified by the Chief Clerk of the Assemblyand the Secretary of the Senate.ENROLLMENTOccurs when bills are filed with the Governor andresolutions are filed with the Secretary of State,after they have been accepted by both Houses.EXPUNGEA motion to delete from the record any reference toa specific action. The motion must be made on theday the vote is taken.EXTRAORDINARY SESSIONA special legislative session called by the Governor toaddress only those issues specified in theproclamation. Measures introduced in thesesessions are numbered chronologically with a lowercase “x” after the number (e.g., AB 28x); they takeeffect generally the 91st day after adjournment ofthe special session.FILE NUMBERThe number assigned to a measure in the Assemblyor Senate Daily File. The file number changes eachday as bills move on or off the Daily File. Filenumbers are assigned to measures on second andthird reading and unfinished business. Legislation istaken up on the Assembly or Senate Floor inchronological order according to file number. Itemsconsidered on the Floor are referred to by filenumber.FIRST READINGThe initial introduction of a bill. The clerk assigns it anumber and reads its title and sends the bill to beprinted. The bill is then referred by Rules committeeto a standing committee for a future hearing.FISCAL BILLAny measure that contains an appropriation of fundsor requires a state agency to spend money for anypurpose or results in a substantial loss of revenue tothe state. The Legislative Counsel determines whichbills are fiscal bills, pursuant to Joint Rule 10.5. Thedesignation appears at the end of the LegislativeCounsel’s Digest. Fiscal bills must be heard by theAssembly and Senate Appropriations Committees inaddition to the appropriate policy committees ineach House.FISCAL COMMITTEESThe committees in each house that considerappropriations: Appropriations and BudgetCommittees. All fiscal bills are referred to a fiscalcommittee. The budget bill is referred only to theBudget Committee. Most other fiscal bills are heardby the Appropriations Committee if they have beenapproved by policy committees. If the fiscalcommittee approves the bill, it usually then movesto the Floor.FISCAL DEADLINEThe date by which all bills with fiscal implicationsmust be reported out of fiscal committee. Any fiscalbill missing the deadline is considered “dead” unlessA COUNTY SUPERVISOR'S RESOURCE GUIDE5.7

it receives a rule waiver allowing furtherconsideration.FISCAL YEARThe 12-month period during which a budget is ineffect. The State fiscal year begins July 1 and endsJune 30 of the following year. The federal fiscal yearbegins October 1 and ends September 30 of thefollowing year.FLOORThe term used to describe the location of a bill orthe type of session, connoting action to be taken bythe House. Matters may be said to be “on the Floor.”FLOOR MANAGERThe legislator responsible for taking up a measure onthe Floor; usually the bill’s author in the house oforigin and a Member of the other house designatedby the author when the bill is heard there. The nameof the Floor Manager in the second house appears inparentheses after the author’s name in the DailyFile.FOUR-DAY FILE NOTICEJoint Rule 62(a) requires bills set for hearing in thecommittee of first reference to be noticed in theDaily File for four days prior to hearing. Subsequentcommittees of reference require a Daily File noticeof two days.GOVERNOR’S BUDGETA spending plan for the State presented annually bythe Governor in January, for consideration by theLegislature; compiled by the Department of Finance,in conjunction with state department heads.GRANDFATHERINGA legal exemption whereby a situation is governedby an old law while a new law applies to all future,similar situations.GUT AND AMENDWhen amendments to a bill remove the currentcontents in their entirety and replace them withdifferent provisions.HEARINGA committee meeting convened for the purpose ofconsidering and acting upon or gatheringinformation on a specific subject.HELD IN COMMITTEEWhen a bill fails to get sufficient votes to pass out ofcommittee, it is held in committee.HELD UNDER SUBMISSIONAn action taken by a committee when a bill is heardin committee and there is an indication that theauthor and the committee members want to workA COUNTY SUPERVISOR'S RESOURCE GUIDE5.8on or discuss the bill further, but there is no motionfor the bill to progress out of committee. This doesnot preclude the bill from being set for anotherhearing.HELD WITHOUT RECOMMENDATIONAn action taken by a committee when a bill is heardin committee and there is no indication that thecommittee wants the bill to progress out ofcommittee. There is no motion for the bill toprogress out of committee. This does not precludethe bill from being set for another hearing.HIJACKAn action to delete the contents of a bill and insertentirely new provisions. May occur with or withoutthe author’s permission.HOUSERefers to either the Senate or the Assembly inCalifornia.HOUSE OF ORIGINThe House in which a measure begins; the Assemblyis the House of Origin for all Assembly measures. Asopposed to the “Second House”—the house whichhears measures following the House of Origin.HOUSE RESOLUTIONA measure by the Assembly used for stating policies,such as the House Rules, and expressing views of theHouse. House Resolutions require adoption by amajority vote of the Assembly.INACTIVE FILEThe portion of the Daily File containing legislationthat is ready for floor consideration, but, for avariety of reasons, is dormant. An author may movea bill to the inactive file if he or she wishes to take itup at a later date. Once a bill is on the inactive file,one day’s public notice is needed to place it back onthe agenda.INITIATIVEA method of lawmaking that requires a vote of thepeople instead of a vote of the Legislature in orderfor a measure to become law. To qualify for astatewide ballot, statutory initiatives must receivesignatures of voters equal to 5% of the votes cast forall candidates for Governor at the last gubernatorialelection. Constitutional amendment initiatives mustreceive signatures equal to 8% of the same numberof votes.INTERIMThe period of time between the adjournment of thefirst year of the biennium and the reconvening of thesecond year of the biennium.

INTERIM STUDYThe assignment of the subject matter of a bill to theappropriate committee for study during the interimrecess.JOINT COMMITTEEA committee composed of equal numbers ofAssembly Members and Senators.JOINT RESOLUTIONA resolution expressing an opinion about an issuepertaining to the federal government; forwarded toCongress for its information. Joint resolutionsrequire the approval of both the Assembly andSenate but do not require approval by the Governor.JOINT SESSIONThe Assembly and Senate meeting together, usuallyin the Assembly chamber. The purpose is to receivespecial information such as the Governor’s State ofthe State Address.LEGISLATIVE ANALYSTStaff director of the Joint Budget Committee. TheLegislative Analyst provides a thorough, nonpartisananalysis of the fiscal impact of the Governor’sBudget.LEGISLATIVE COUNSELThe attorney for the Legislature, elected jointly byboth houses. The Legislative Counsel and his or herlegal staff is responsible for drafting all bills andamendments, preparing a digest (summary) of eachbill, providing legal opinions, and generallyrepresenting the Legislature in legal proceedings.LEGISLATIVE COUNSEL’S DIGESTA brief summary of the changes the proposed billwould make to current law. The digest is found inthe beginning of each bill (see Bill Digest).LIEUTENANT GOVERNORThe President of the Senate; designated by the StateConstitution to preside over the Senate and cast avote only in the event of a tie. If the Governorcannot assume his or her duties or is absent fromthe State, the Lieutenant Governor assumes the roleof the Executive for the remainder of the term orduring the absence.LINE ITEM VETOSee Blue Pencil.LOWER HOUSEThe Assembly.MAJORITY FLOOR LEADERIn the Assembly, the Majority Floor Leader is anofficer of the Assembly appointed by the Speaker.He or she represents the Speaker on the floor and, inconjunction with the Presiding Officer, expeditesAssembly Floor proceedings through parliamentaryprocedures such as motions and points of order. TheMajority Floor Leader works directly with theSpeaker pro Tempore, other members of themajority party’s leadership team, and the MinorityLeader, to facilitate positive interaction between theMembers during floor sessions. In the Senate, theMajority Leader is a party leader chosen by themajority party caucus.MAJORITY OF THE HOUSEQuorum requirement of one more than half of thequalified members sitting at that time. For example,if there are four vacancies in the Assembly, 39members would make a majority of the house.MAJORITY OF THOSE PRESENT AND VOTINGA vote threshold determined by the number ofmembers voting at that time. For example, if 40members are voting on the adoption ofamendments, a minimum of 21 “aye” votes wouldbe necessary to adopt the amendments.MAJORITY VOTEA vote of more than half of the legislative bodyconsidering a measure. The full Assembly requires amajority vote of 41 and the full Senate requires 21,based on their memberships of 80 and 40,respectively.MAJORITY WHIPA member of the majority party’s leadership team inthe Assembly or Senate, responsible for monitoringlegislation and securing votes for legislation on theFloor.MAY REVISIONThe updated estimate of revenues and expenditures,submitted by the Governor no later than May 14;replaces the estimates contained in the Governor’sBudget submitted in January.MEASUREAny bill, resolution, or constitutional amendmentthat is acted upon by the Legislature.MINORITY FLOOR LEADERElected by the caucus having the second largesthouse membership. Generally responsible formaking motions, points of order, and representingthe minority caucus on the floor.MINORITY WHIPA member of the minority party’s leadership team inthe Assembly or Senate, responsible for monitoringlegislation and securing votes for legislation on theFloor.A COUNTY SUPERVISOR'S RESOURCE GUIDE5.9

MOTIONA formal request for action made by a legislatorduring a committee hearing or Floor Session.MOTION TO RECONSIDERA parliamentary procedure which, if adopted,reverses an action previously taken and returns thequestion before the body for another vote.MOTION TO RE-REFERThis motion is utilized to send a measure from onecommittee to another. A motion to re-refer a bill orresolution from one committee to anothercommittee may be made during the regular order ofbusiness. Debate is allowed as to the propriety ofthe re-referral, and requires 41 or more votes in theAssembly, 21 or more votes in the Senate.MOVE A CALLA parliamentary procedure that delays theannouncement of the vote on a measure. This actiongives a member additional time to gain moresupport or opposition to a bill. All calls must be“lifted” before the House adjourns that day.NONFISCAL BILLA measure having no financial impact on the stateand, therefore, not required to be heard in anAssembly or Senate fiscal committee as it movesthrough the legislative process. Nonfiscal bills aresubject to later legislative calendar deadlines thanfiscal bills.OFFICE OF ADMINISTRATIVE LAW (OAL)The independent executive branch agency chargedwith reviewing state agency rulemaking andregulations for compliance with procedures andstandards set forth in the rulemaking portion of theAdministrative Procedure Act (APA).ON CALLA roll call vote in a committee or in an Assembly orSenate Floor Session before it has been concludedand, therefore, has not been formally announced.Members may continue to vote or change theirvotes as long as a measure remains on call. Calls areusually placed at the request of a bill’s author in aneffort to gain votes. Calls can be lifted by request atany time during the committee hearing or FloorSession, but cannot be carried over into the nextlegislative day (see Move a Call).ON FILEA bill on Second or Third Reading or UnfinishedBusiness awaiting Concurrence; listed in theAssembly or Senate Daily File.A COUNTY SUPERVISOR'S RESOURCE GUIDE5.10OVERRIDEAn effort to reverse a Governor’s veto by a vote oftwo-thirds of the members of each house. Asuccessful override requires 54 votes in theAssembly and 27 votes in the Senate

Assembly Member decides to author a bill. The Author . A Legislator sends the idea for the bill to the Legislative Counsel where it is drafted into the actual bill. T he 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 Assembly Member, the bill is