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Legislative Process: The Basics

The legislative process — also known as the policy bill process — provides a key pathway through the state Legislature for Californians who want to change state law.

Each year, members of the state Assembly and Senate collectively introduce thousands of bills that move, partially or all the way, through the legislative process. These bills propose changes to one or more of California’s nearly 30 state codes — changes that take effect only if a bill is passed by both houses and signed by the governor.

Proposals to amend the state Constitution also move through the legislative process. While Assembly and Senate constitutional amendments do not require the governor’s signature, they do need voter approval in order to take effect.

The legislative process operates according to rules outlined in the state Constitution, in state law, and in two-house agreements (“joint rules”) adopted by the Assembly and Senate at the outset of each two-year legislative session.

Written and unwritten rules that are unique to each house as well as to various committees within each house — and that can change from year to year — also shape the legislative process with opportunities for public involvement.

It is important to highlight that the state budget process provides a separate pathway through the Legislature for changing state law (through budget-related “trailer bills”). Compared to the legislative process, the state budget process has distinct rules, deadlines, and — in some cases — decision-makers. Advocates typically use both the state budget process and the legislative process to advance their policy goals. However, the remainder of this guide focuses exclusively on the legislative process.

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Opportunities for Public Engagement in the Legislative Process

The public has many opportunities to engage with state policymakers during the legislative process. For example, members of the public can:

  • Suggest bill ideas to members of the Legislature.
  • Build/renew relationships with lawmakers and their staff in order to develop familiarity and trust — which is critical to securing bill authors and advancing legislation.
  • Meet with lawmakers and their staff as well as with members of the governor’s administration to make the case for legislation and address any concerns.
  • Write letters to committees and individual legislators sharing opinions about bills that have been introduced.
  • Attend legislative committee hearings to share opinions about bills during public comment periods.
  • Urge the governor to sign or veto legislation.

Policy Committees

Assembly and Senate policy committees consider the policy implications of a bill. Each house’s leadership assigns bills to policy committees based on subject matter and other factors. Bills may be reviewed by a single policy committee in each house or by multiple policy committees.

The state Senate has more than 20 standing policy committees, and the Assembly has over 30. Examples include the Assembly Education Committee and the Senate Revenue and Taxation Committee. Bills that are approved at this stage — potentially with amendments — go to the appropriations committee for further review.

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Appropriations Committees and the “Suspense File”

Appropriations committees estimate the cost of bills. If the cost meets or exceeds certain thresholds, the bill generally is placed on the committee’s suspense file, which is essentially a “holding pen” for bills that will receive additional scrutiny. The dollar thresholds are relatively low in both houses. In the Senate, the threshold ranges from $50,000 to $150,000, depending on which state fund the money would come from. The threshold in the Assembly is $150,000 regardless of the fund.

Twice per year, appropriations committees convene hearings where they rapidly announce the fate of the hundreds of bills on their suspense files. Bills voted off the suspense file — often with amendments — advance to the Assembly or Senate floor, while bills that are held “on suspense” in the appropriations committee are dead for the year.

Bills can be held on suspense for any number of reasons, including concerns about their cost. However, committee chairs typically do not publicly explain why some bills advance to the floor while others are held.

Floor Votes: Simple Majority or Supermajority

Once a bill clears the final committee in its “house of origin,” it is scheduled for a debate and vote on the house floor. Most bills require only a simple majority vote to advance off the floor — 41 votes in the 80-member Assembly and 21 votes in the 40-member Senate.

However, a two-thirds (supermajority) vote of each house is required if the bill:

  • Would create a new tax or increase an existing tax.
  • Contains an “urgency” clause that allows it to take effect immediately rather than on January 1 (the typical date).
  • Proposes to amend the state Constitution — a change that ultimately must be approved by a majority of voters in a statewide election.

Rinse and Repeat: Process Moves to the Second House

If a bill passes the first house, it moves to the second house, where it repeats the process — policy committee(s), appropriations committee, floor vote. Bills are typically amended again at this stage. If approved with amendments, the bill goes back to the first house for a “concurrence” vote. Bills passed on concurrence go to the governor for final consideration.

Learn the Lingo

Understanding budget-related terms is essential for navigating the state budget and legislative process and effectively engaging with decision-makers to advocate for just policy solutions for Californians.

Thumbs Up or Thumbs Down: Approved Bills Go to the Governor

Once a bill receives final legislative approval it goes to the governor, who can:

  • Sign the bill into law.
  • Allow the bill to become law without a signature.
  • Veto — reject — the bill. The Legislature can override a veto with a two-thirds vote of each house. However, veto overrides are extremely rare.

Bills passed by a simple majority vote typically take effect on January 1 of the next calendar year. Urgency statutes, tax increases, and certain other bills take effect as soon as they become law.

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