Bills on Consent in the California Legislature

What is the Consent Calendar and how do legislative measures get placed on consent? Joint Rule 22.1 deals with the “Consent Calendar: Uncontested Bills” and provides that each standing committee may report an uncontested bill out of committee with the recommendation that it be placed on the Consent Calendar.

Three requirements must be met: The measure passed committee by unanimous vote; it has no opposition expressed at the committee hearing; and, it has been requested by the author to be placed on consent.

Joint Rule 22.2 deals with the “Consent Calendar” and provides that, following its second reading and the adoption of any committee amendments, any bill certified by the committee chairperson as an uncontested bill is placed on the Consent Calendar. Any legislator can object to a bill being on the Consent Calendar and ask that it be removed and be considered on File.

Consent calendar bills may be considered on the second legislative day following the day the bill was placed on the Consent Calendar. As a general matter, the Consent Calendar is considered as the last order of business on the Daily File. However, on occasion, the presiding officer may skip ahead to consideration of the consent calendar.

A bill on the Consent Calendar is not debatable. As a result, measures on the consent calendars in the Senate and Assembly are not presented by their author or floor manager and are simply considered and voted upon in one motion.

The Senate also utilizes a “Special Consent Calendar.” The requirement for a bill to be on the Senate’s Special Consent Calendar is that there is no opposition and that both party caucuses have a “support recommendation” on the bill. This is used to expedite consideration and voting on noncontroversial measures. It is designated with a date upon which the measures will be voted on by the Senate.

The Assembly uses a similar process called “batching.” Batching means putting together a group of bills for consideration in a single motion, or vote. The Assembly reviews the recommendations of the Democratic and Republican Caucuses and, where appropriate, “batches” together a group of bills and takes a single vote on that batch of bills when both parties agree to do so. It is that house’s method of expediting consideration of measures.