What Is the Difference Between California Senate Rules 28.8 and 28.9?

Two separate California State Senate Rules grant power to the Chair of the Senate Appropriations Committee to dispense with hearing a fiscal-related bill and instead send that bill directly to the Floor of the State Senate. That power is set forth in Senate Rules 28.8 and 28.9. Senate Rule (SR) 28.8 deals with bills that have nominal state costs, while SR 28.9 deals with bills that have nominal local costs.

Senate Rule 28.8 provides that a bill that has been “keyed fiscal” by the Office of Legislative Counsel, and that does not appropriate money, may not be set for hearing and must be promptly reported to the Senate Floor with the recommendation that the bill be placed on the Second Reading File, so long as the Appropriations Committee Chair determines that “(a) any additional state costs are not significant and do not and will not require the appropriation of additional state funds, and (b) the bill will cause no significant reduction in revenues.”

Senate Rule 28.9 provides that a bill that has been “keyed local program” by the Office of Legislative Counsel must be rereferred to the Committee on Appropriations, and the bill may not be rereferred to the Committee on Governance and Finance. In addition, if that bill does not appropriate money and does not contain a complete disclaimer, then the bill need not be set for hearing and may, along with any nonsubstantive amendments, be reported to the Senate with the recommendation that the bill be placed on the Second Reading File, so long as the Appropriations Committee Chair determines that “(1) any additional local costs are not significant and (2) the bill will cause no significant reduction in local revenues.”

The end result of these two Senate Rules is that the Chair of the Senate Appropriations Committee has to waive a hearing for bills that have insignificant state costs and may waive a hearing for bills that have insignificant local costs.