Have you ever wondered how a workers’ compensation bill transforms from a mere idea into the law of the land in California? The process is intricate, with various steps and many players, each with their own interests and influences.
Step 1: The Spark of an Idea
Every bill starts with a spark. It might come from a state legislator inspired by a worker’s struggle after an injury or a business owner overwhelmed by high insurance costs. Sometimes, it’s applicant attorneys’ groups seeking increased compensation rates or business organizations advocating for more accessible regulations. In California, anyone can pitch an idea for a new bill — individuals, groups, or government agencies.
Step 2: Drafting the Bill
Once the idea is on the table, it gets crafted into a formal bill, complete with a summary that explains its purpose in plain language. A state senator or Assembly member introduces the bill, which is then assigned a number preceded by “SB” (Senate Bill) or “AB” (Assembly Bill), stating where it was introduced.
Step 3: Committee Review
Next, the bill heads to a relevant committee — often the Assembly Insurance Committee or Labor and Employment Committee for workers’ compensation bills. Stakeholders like insurers, healthcare providers, and worker advocacy groups present their views. The committee debates, amends, and decides the bill’s fate. It might move through multiple committees, each adding its own two cents.
Step 4: Money Talks
If the bill survives the initial review, it’s off to the Appropriations Committee. Lawmakers here scrutinize its financial impact, asking whether the state can afford it and how it will affect businesses. Data from state agencies overseeing workers’ compensation, such as the Department of Industrial Relations, play a crucial role in these discussions.
Step 5: The Chamber Showdown
With committee approvals in hand, the bill faces the full chamber — first the house of origin (either the Assembly or Senate), and if it passes, the other chamber. Lawmakers debate, vote, and the lobbyists ramp up their efforts to sway decisions. Most bills need a simple majority, but some, like budget-related ones, require a two-thirds vote.
Step 6: Reconciliation Dance
If the second house makes changes, the bill goes back to the house of origin for concurrence. They can either accept the changes or work out the differences in a conference committee of legislators from both houses. This compromise must be approved by both chambers before moving forward.
Step 7: The Governor’s Call
The final version lands on the governor’s desk. Earlier in a session, the governor has 12 days to sign it into law, veto it, or let it become law without a signature. During the last few weeks of the legislative session, the Legislature is very busy with many bills, so the governor has 30 days to sign or veto the bill. A veto can be overridden if two-thirds of the Legislature votes in favor.
Step 8: Bringing It to Life
Once signed, the bill becomes law. State agencies jump into action, crafting guidelines, training staff, and spreading the word about the new regulations, often asking the public for their opinion about proposed regulations. Employers and carriers then adjust to the new rules.
How You Can Get Involved
1. Speak Up: Share your concerns and ideas with your state legislators via email, phone, or at town hall meetings. “War stories” and data can highlight the need for legislative action, either for or against a bill.
2. Pitch Your Idea: Got a great idea for a bill? Propose it to your legislator. Sometimes it helps to go with proposed legislative language they can introduce and adapt. Team up with advocacy groups can also strengthen your proposal. If you’re concerned about a bill that is on the table, be sure to let them know as well.
3. Testify at Committees: Public testimonies are crucial during committee reviews. Testify in person or submit short written statements to influence the bill’s review. If you’re against the bill, speak up and briefly explain the reason for your position.
The Timeline
This journey can span several months to several years, depending on the bill’s complexity and the level of debate. Some bills even need multiple legislative sessions to pass.
Turning a workers’ compensation bill into law in California involves a detailed process with multiple stages and diverse stakeholders. By getting involved in this process by providing your perspective, you can help shape the laws that impact workers’ compensation in the state.
Michael D. Peabody is an experienced partner and workers’ compensation attorney for Bradford and Barthel’s Woodland Hills office. He has testified in legislative committees in California and Oregon and is an active member of the California and US Supreme Court bars. If you have questions about workers’ compensation issues, please feel free to contact him at mpeabody@bradfordbarthel.com.
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