Frequently Asked Questions about Enactment of Statutes and Adoption of Resolutions

What is the definition of “clerk”? Gov’t Code Sec. 9500 defines the term “clerk” to mean the engrossing and enrolling clerk or the employee who performs the duties of engrossing and enrolling clerk when no employee is designated by name.

What is the definition of “committee”? Gov’t Code Sec. 9501 defines the term “committee” to mean the engrossing and enrolling committee of the house ordering the engrossing or enrolling of a bill or other document or the committee of the house which performs the duties of engrossing and enrolling committee when no committee is designated by name.

What is the “enacting clause”? Gov’t Code Sec. 9501.5 requires that the enacting clause of every law must be “The people of the State of California do enact as follows:”.

When does “engrossing and enrolling” occur?  Gov’t Code Sec. 9502 requires all bills and other documents ordered engrossed or enrolled by the Senate or Assembly to be delivered by the Secretary of the Senate or Chief Clerk of the Assembly to the clerk of the house ordering the engrossment or enrollment.

What is delivered to the State Printer? Gov’t Code Sec. 9503 requires the clerk to deliver the bills and documents without delay, in the order of their receipt, to the State Printer.

What does the State Printer do with enrolled copies of bills? Gov’t Code Sec. 9504 requires the State Printer to accept all bills or documents and, without delay, engross or enroll (print) them in the order of their receipt.

What deliveries must be made by the State Printer? Gov’t Code Sec. 9505 requires the State Printer to deliver the engrossed or enrolled copy of the bill or document, with the original, to the clerk from whom he or she received the original.

What must the clerk do with the delivered engrossed and enrolled copy of the bill? Gov’t Code Sec. 9504 must carefully compare the engrossed or enrolled copy with the original version. If correctly engrossed or enrolled, the individual must report it back with the original version to the committee.

What happens with a bill that has not been amended? Gov’t Code Sec. 9506 requires all bills and documents that have been printed to be considered engrossed if no amendments have been made after being printed.

When is a bill presented? Gov’t Code Sec. 9507 requires that, if the enrolled copy of a bill or other document is found to be correct, the committee must present it to the proper officers for their signatures. When the officers sign their names, as required by law, it is enrolled.

When is an enrolled bill transmitted? Gov’t Code Sec. 9508 requires enrolled bills to be transmitted to the Governor for his or her approval.

What is the required endorsement for enrolled bills? Gov’t Code Sec. 9509 provides that, as soon as an enrolled bill is delivered to the Governor, it must be endorsed as follows: “This bill was received by the Governor this ____ day of ____, 20__.”

Who must sign the endorsement of an enrolled bill? Gov’t Code Sec. 9509 requires the endorsement to be signed by the private secretary of the Governor or by any other person designated by the Governor whose designation has been reported to the Speaker of the Assembly and the President pro Tempore of the Senate.

What happens when the Governor approves a bill? Gov’t Code Sec. 9510 provides that, when the Governor approves a bill, he must affix his name thereto, with the date of signing, and deposit it in the Office of the Secretary of State, where it becomes the official record.

What happens when the Secretary of State receives an approved bill? Gov’t Code Sec. 9510 specifies that, upon the receipt of any bill, the Secretary of State must give it a number, to be known as the chapter number. She numbers each bill in the order in which it is received, and the order of numbering is presumed to be the order in which the bills were approved by the Governor.

How many series of bills and resolutions chapters are there? Gov’t Code Sec. 9510.5 provides that there are two series of bill chapter numbers for each two-year regular session of the Legislature.

How are bills designated by the Secretary of State? Gov’t Code Sec. 9510.5 states that bills deposited with the Secretary of State from the beginning of the two-year session through December 31 of the odd-numbered year are to be designated “Statutes of [odd-numbered year], Chapter ____.” Bills deposited with the Secretary of State after December 31 of the odd-numbered year are to be designated “Statutes of [even-numbered year], Chapter ____.”

How are resolutions designated by the Secretary of State? Gov’t Code Sec. 9510.5 provides that concurrent resolutions, joint resolutions, and proposed constitutional amendments adopted by the Legislature are to be chaptered as resolution chapters with a different series of numbers than those assigned to bills but must otherwise be numbered and designated in the same manner as bills enacted into law.

How are appropriations bills handled by the Governor? Gov’t Code Sec. 9511 specifies that, if a bill presented to the Governor contains an item or several items of appropriation, he or she may object to one or more items while approving other portions of the bill.

What happens when the Governor vetoes an appropriations bill? Gov’t Code Sec. 9511 states that the Governor must append to the bill, at the time of signing it, a statement of the items to which he or she objects, and the reasons therefor. If the Legislature is in session, the Governor must transmit to the house in which the bill originated a copy of the statement.

What happens with a vetoed bill? Gov’t Code Sec. 9512 provides that, when a bill has passed both houses of the Legislature and is returned by the Governor without his or her signature, and with objections thereto, or if it is a bill containing an item or several items of appropriation which is returned with objections to one or more of the items, and upon reconsideration the bill, item, or items pass both houses by the constitutional majority, the bill, item, or items are then to be authenticated as having become a law by a certificate.

What must be attached to a vetoed bill? Gov’t Code Sec. 9513 requires a certificate to be attached to the bill, or endorsed on or attached to the copy of the statement of objections.

What is the required form for a vetoed bill certificate? Gov’t Code Sec. 9513 requires the certificate to be in the following form: “This bill having been returned by the Governor with his objections thereto, and, after reconsideration, having passed both houses by the constitutional majority, has become a law this ____ day of ____, ____”; or, “The following items in the within statement (naming them) having, after reconsideration, passed both houses by the constitutional majority, have become a law this ____ day of ____, ____.” A certificate signed by the President of the Senate and the Speaker of the Assembly is a sufficient authentication thereof.

Are bills deposited with the Secretary of State? Yes, Gov’t Code Sec. 9514 requires the bill or statement authenticated is to be delivered to the Governor, and by him or her deposited with the laws in the Office of the Secretary of State. Bills so deposited in the Office of the Secretary of State are to be given a chapter number.

How is a veto message delivered? Gov’t Code Sec. 9515 requires, on the day the Governor desires to return a bill without his or her approval and with objections thereto the house in which it originated has adjourned for the day, the Governor may deliver the bill with its message to the Secretary of the Senate if it originated in the Senate, Chief Clerk of the Assembly if it originated in the Assembly, or any member of the house in which it originated. The delivery is as effectual as though returned when the house was meeting.

What is the Governor’s period of bill review? Gov’t Code Sec. 9516 provides that every bill which has passed both houses of the Legislature, and has not been returned by the Governor within 12 days, becomes a law. It is authenticated by the Governor and is certified by the Secretary of State in the following form: “This bill having remained with the Governor 12 days, and the Legislature being in session, it has become a law this ____ day of ____, ____.” The certificate is to be signed by the Secretary of State and deposited with the laws in his office.

When must final action occur on the Budget? Gov’t Code Sec. 9517 requires the Legislature to finish its actions on the budget required by the Constitution by June 15th of each year.