Bill Text: CA AR1 | 2011-2012 | Regular Session | Introduced
Bill Title: Relative to the Standing Rules of the Assembly for the 2011-12 Regular Session.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-06 - Introduced. Read. Adopted. (Ayes 52. Noes 28. Page 56.). [AR1 Detail]
Download: California-2011-AR1-Introduced.html
BILL NUMBER: HR 1 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Skinner
DECEMBER 6, 2010
Relative to the Standing Rules of the Assembly for the 2011-12
Regular Session.
LEGISLATIVE COUNSEL'S DIGEST
HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST
Resolved by the Assembly of the State of California, That the
following Rules be, and the same are hereby, adopted as the Standing
Rules of the Assembly for the 2011-12 Regular Session; and be it
further
Resolved, That these rules shall govern the operations of the
Assembly.
STANDING RULES OF THE ASSEMBLY
2011-12 REGULAR SESSION
I. LEGISLATIVE ORGANIZATION
Assembly General Officers
1. (a) The general officers of the Assembly are the following:
(1) Speaker
(2) Speaker pro Tempore
Assistant Speaker pro Tempore
Majority Floor Leader
Majority Policy Leader
Minority Floor Leader
(3) Chief Clerk
Sergeant at Arms
Chaplain
(b) Except for the officers listed in paragraph (2) of subdivision
(a), each officer listed in subdivision (a) shall be elected by a
majority vote of the duly elected and qualified Members.
(c) The Chief Clerk, subject to the approval of the Committee on
Rules, shall determine the names and titles that shall appear on the
front page of all publications.
Hours of Meeting
2. The Speaker, or, in his or her absence, the Speaker pro
Tempore, shall determine the time for convening the session, unless
otherwise ordered by a majority vote of the Members present and
voting.
Speaker to Call Assembly to Order
3. The Speaker, or, in his or her absence, the Speaker pro
Tempore, shall, at the hour appointed for meeting, call the Assembly
to order.
Roll Call and Quorum
4. Before proceeding with the business of the Assembly, both of
the following shall be completed:
(1) The roll of the Members shall be called, and the names of
those present shall be entered in the Journal. Forty-one Members
constitute a quorum.
(2) The presiding officer shall announce the names of all Members
who will be absent from that day's session and the reason for their
absence.
Organization of Assembly
5. For the purposes of the organization of any regular session of
the Assembly pursuant to Section 9023 of the Government Code, the
person who was the Speaker when the previous regular session
adjourned sine die, if he or she is reelected to the Assembly, shall
be deemed to be the senior member elect.
II. RULES
Adoption of Standing Rules
6. The adoption of the Standing Rules requires an affirmative
recorded vote of a majority of the duly elected and qualified
Members. When once adopted, the Standing Rules shall remain in effect
unless suspended or amended as provided in these rules.
Suspension of Rules
7. Unless specified otherwise in these rules, any Standing Rule
of the Assembly not requiring more than a majority vote, except Rule
8, may be suspended temporarily by a vote of a majority of the
Members of the Assembly. A rule requiring a two-thirds vote may be
temporarily suspended by a two-thirds vote of the Members of the
Assembly. A temporary suspension applies only to the matter under
immediate consideration, and in no case may it extend beyond an
adjournment.
Amending Standing Rules
8. A standing rule of the Assembly may not be amended except by a
resolution adopted by an affirmative recorded vote of a majority of
the duly elected and qualified Members.
Mason's Manual
10. In all cases not provided for by the California Constitution,
by the Assembly Rules, by the Joint Rules of the Senate and
Assembly, or by statute, the authority is the latest edition of Mason'
s Manual.
III. ORGANIZATION OF COMMITTEES
Standing Committees
11. Thirty standing committees of the Assembly are hereby
created, upon the several subjects, and titled respectively, as
follows:
Accountability and Administrative Review
Aging and Long-Term Care
Agriculture
Appropriations
Arts, Entertainment, Sports, Tourism, and Internet Media
Banking and Finance
Budget
Business and Professions
Education
Elections and Redistricting
Environmental Safety and Toxic Materials
Governmental Organization
Health
Higher Education
Housing and Community Development
Human Services
Insurance
Jobs, Economic Development, and the Economy
Judiciary
Labor and Employment
Local Government
Natural Resources
Public Employees, Retirement and Social Security
Public Safety
Revenue and Taxation
Rules
Transportation
Utilities and Commerce
Veterans Affairs
Water, Parks and Wildlife
Open Meetings
11.3. (a) Except as otherwise provided in this rule, all meetings
of the Assembly or a committee thereof shall be open and public, and
all persons shall be permitted to attend the meetings. As used in
this rule, "meeting" means a gathering of a quorum of the Members of
the Assembly or a committee in one place for the purpose of
discussing legislative or other official matters within the
jurisdiction of the Assembly or committee. As used in this rule,
"committee" includes a standing committee, joint committee,
conference committee, subcommittee, select committee, special
committee, research committee, or any similar body.
(b) Any meeting that is required to be open and public pursuant to
this rule, including any closed session held pursuant to subdivision
(c), may be held only after full and timely notice to the public as
provided by the Joint Rules of the Assembly and Senate.
(c) The Assembly or a committee thereof may hold a closed session
solely for any of the following purposes:
(1) To consider the appointment, employment, evaluation of
performance, or dismissal of a public officer or employee, to
consider or hear complaints or charges brought against a Member of
the Legislature or other public officer or employee, or to establish
the classification or compensation of an employee of the Assembly.
(2) To consider matters affecting the safety and security of
Members of the Legislature or its employees, or the safety and
security of any buildings and grounds used by the Legislature.
(3) To confer with, or receive advice from, its legal counsel
regarding pending or reasonably anticipated litigation, or whether to
initiate litigation, when discussion in open session would not
protect the interests of the Assembly or committee regarding the
litigation.
(d) A caucus of the Members of the Assembly that is composed of
members of the same political party may meet in closed session.
(e) A closed session may be held pursuant to paragraph (3) of
subdivision (c) under any of the following circumstances:
(1) An adjudicatory proceeding before a court, administrative body
exercising its adjudicatory authority, hearing officer, or
arbitrator, to which the Assembly or a committee, Member, or employee
thereof is a party, has been initiated formally.
(2) Based on existing facts and circumstances, a point has been
reached where, in the opinion of the Assembly or a committee thereof,
on the advice of its legal counsel, litigation against the Assembly
or a committee, Member, or employee thereof is reasonably
anticipated.
(3) Based on existing facts and circumstances, the Assembly or a
committee thereof has decided to initiate, or is deciding whether to
initiate, litigation.
(4) To confer with, or receive advice from, its legal counsel and
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the Assembly or a committee thereof regarding the
price and terms of payment for the purchase, sale, exchange, or
lease.
(f) Prior to holding a closed session pursuant to paragraph (3) of
subdivision (c), the presiding officer of the Assembly or the chair
of the committee, as appropriate, shall state publicly which
paragraph of subdivision (e) is applicable. If the closed session is
held pursuant to paragraph (1) of subdivision (e), the presiding
officer or chair shall state the title of or otherwise specifically
identify the litigation to be discussed, unless the presiding officer
or chair states that to do so would jeopardize the ability to
effectuate service of process upon one or more unserved parties, or
that to do so would jeopardize the ability of the Assembly or the
committee to conclude existing settlement negotiations to its
advantage. If the closed session is held pursuant to paragraph (4) of
subdivision (e), the notice of the closed session shall identify the
real property that the negotiations may concern and the person with
whom the negotiations may take place.
(g) The legal counsel for the Assembly or the committee shall
prepare and submit to the Assembly or the committee a memorandum
stating the specific reasons and legal authority for the closed
session. If the closed session is held pursuant to paragraph (1) of
subdivision (e), the memorandum shall include the title of or other
identification of the litigation. If the closed session is held
pursuant to paragraph (2), (3), or (4) of subdivision (e), the
memorandum shall set forth the existing facts and circumstances on
which the closed session is based. The legal counsel shall submit the
memorandum to the Assembly or the committee prior to the closed
session, if feasible, or, in any case, not later than one week after
the closed session. The memorandum is exempt from disclosure under
the Legislative Open Records Act contained in Article 3.5 (commencing
with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2
of the Government Code.
(h) For purposes of paragraph (3) of subdivision (c), "litigation"
includes any adjudicatory proceeding, including eminent domain,
before a court, administrative body exercising its adjudicatory
authority, hearing officer, or arbitrator.
(i) For purposes of this rule, all expressions of the
lawyer-client privilege other than those provided in this rule are
hereby abrogated. This rule is the exclusive expression of the
lawyer-client privilege for the purposes of conducting closed-session
meetings pursuant to this rule.
(j) Disclosure of a memorandum required under this rule shall not
be deemed a waiver of the lawyer-client privilege provided for under
Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of
the Evidence Code.
Conference Committee Meetings
11.4. A Member may not participate in a meeting of a conference
committee considering any bill that is not open to the public.
Assembly Investigating Committees
11.5. (a) The standing committees of the Assembly created
pursuant to Rule 11, with the exception of the Committee on Rules,
are hereby constituted Assembly investigating committees and are
authorized and directed to conduct oversight hearings and to
ascertain, study, and analyze all facts relating to any subjects or
matters which the Committee on Rules shall assign to them upon
request of the Assembly or upon its own initiative.
(b) Each of the Assembly investigating committees consists of the
members of the standing committee on the same subject as most
recently constituted. The chairperson and vice chairperson is the
chairperson and vice chairperson of the standing committee. Vacancies
occurring in the membership of the committee shall be filled by the
appointing authority.
(c) Each committee and any subcommittee, and its members, have and
may exercise all the rights, duties, and powers conferred upon
investigating committees and their members by law and by the Joint
Rules of the Senate and Assembly and the Standing Rules of the
Assembly as they are adopted and amended from time to time, which
rules are incorporated herein and made applicable to the committee or
subcommittee and their members.
(d) In order to prevent duplication and overlapping of studies
between the various investigating committees herein created, a
committee may not commence the study of any subject or matter not
specifically authorized herein or assigned to it unless and until
prior written approval thereof has been obtained from the Committee
on Rules.
(e) The Committee on Rules shall provide for the expenses of the
above committees and their members and for any charges, expenses, or
claims they may incur under this rule, to be paid from the Assembly
Operating Fund and disbursed, after certification by the Chairperson
of the Committee on Rules or his or her authorized representative,
upon warrants drawn by the Controller upon the State Treasury.
Membership of Standing Committees
12. The Speaker shall determine the size, and appoint the
membership and the chairperson and vice chairperson, of all standing
committees and subcommittees. In appointing Members to serve on
committees, the Speaker shall consider the preferences of the
Members.
Committee on Rules
13. There is a Committee on Rules, which acts as the executive
committee of the Assembly. No regular member of the Committee on
Rules may simultaneously serve as a chairperson of any standing
committee. All meetings of the Committee on Rules that are required
to be open and public shall be held in a room of appropriate size,
and audio or video transmission of those meetings shall be provided.
Organization of Party Caucuses
13.1. Within two days after the general election held in November
of each even-numbered year, the caucus of the political party having
the greatest number of Members in the Assembly, and the caucus of
the political party having the second greatest number of Members,
each shall meet for the purpose of selecting their officers for the
next regular session. The rules and procedures of each caucus shall
be determined by that caucus, but may not be inconsistent with these
rules.
Powers of the Committee on Rules
14. (a) The Committee on Rules has the following powers:
(1) To refer each bill and resolution to a committee, as provided
by these rules.
(2) To appoint all employees of the Assembly not otherwise
provided for by statute. It has authority to terminate, to
discipline, to establish, and to modify the terms and conditions of
employment of, or to suspend, with or without pay, any employee of
the Assembly.
(3) To make studies and recommendations designed to promote,
improve, and expedite the business and procedure of the Assembly and
of the committees thereof, and to propose any amendments to the Rules
deemed necessary to accomplish these purposes.
(4) To adopt additional policies or requirements regarding the use
of cameras and other recording equipment at committee hearings or
Assembly floor sessions.
(5) To contract with other agencies, public or private, as it
deems necessary for the rendition and affording of those services,
facilities, studies, and reports to the committee that will best
assist it to carry out the purposes for which it is created.
(6) To cooperate with and secure the cooperation of county, city,
city and county, and other local law enforcement agencies in
investigating any matter within the scope of these rules and to
direct the sheriff of any county to serve subpoenas, orders, and
other process issued by the committee.
(7) To report its findings and recommendations to the Legislature
and to the people from time to time and at any time.
(8) To do any and all other things necessary or convenient to
enable it fully and adequately to exercise its powers, perform its
duties, and accomplish the objects and purposes of these rules.
(9) To make available to the Assembly, or to any Assembly or joint
committee, or to any Member of the Assembly assistance in connection
with the duties of the committee or other legislative matters as the
personnel under direction of the committee or its other facilities
permit.
(10) To make available to and furnish to the Assembly, and to
Assembly investigating committees created at this session and to each
of the members thereof, clerical, secretarial, and stenographic help
as may be reasonably necessary for the Assembly to carry out its
work, and for the committees and each of the members thereof, to make
and carry on the studies and investigations required by or of them
by the resolutions creating the committees, and for these purposes to
employ additional stenographic and secretarial assistants as may be
necessary, assign, reassign, and discharge these assistants and
prescribe amounts, times, and methods of payment of their
compensation. The committee shall allocate annually an amount for the
operation of each investigating committee, which shall constitute
the annual budget of the committee.
(b) During the times as the Assembly is not in session, the
committee is authorized and directed to incur and pay expenses of the
Assembly not otherwise provided for that the committee determines
are reasonably necessary, including the repair, alteration,
improvement, and equipping of the Assembly Chamber and the offices
provided for the Assembly in the State Capitol and the Capitol Annex.
(c) The committee shall allocate sufficient moneys from the
Assembly Operating Fund to support the Assembly's share of joint
operations.
(d) The Chairperson of the Committee on Rules shall appoint a
Chief Administrative Officer of the Assembly, subject to the
ratification of the Committee on Rules, who has duties relating to
the administrative, fiscal, and business affairs of the Assembly that
the committee shall prescribe. The Chairperson of the Committee on
Rules or a majority of the membership of the Committee on Rules may
terminate the services of the Chief Administrative Officer at any
time. Notwithstanding the foregoing, the Speaker may appoint a
temporary chief administrative officer for up to 90 days following
the beginning of the session.
(e) The Committee on Rules shall provide for the publication of a
compilation of the photographs of accredited press representatives.
(f) The Committee on Rules may delegate powers to the Speaker by a
majority vote of the membership of the committee.
Subcommittee on Sexual Harassment Prevention and Response
14.5. (a) The Subcommittee on Sexual Harassment Prevention and
Response is created as a subcommittee of the Committee on Rules. The
subcommittee is composed of a total of six members, with the
following four members appointed by the Chairperson of the Committee
on Rules: two members of the Committee on Rules from the political
party having the greatest number of Members in the Assembly and two
members of the Committee on Rules from the political party having the
second greatest number of Members. The two members from the
political party having the second greatest number of Members shall be
appointed from a list of nominees that the vice chairperson of the
committee provides to the chairperson. The co-chairs of the Assembly
Legislative Ethics Committee also shall be members of the
subcommittee. The Chairperson of the Committee on Rules shall
designate one of the members of the subcommittee to serve as chair of
the subcommittee.
(b) The subcommittee shall formulate and recommend to the
Committee on Rules procedures for the handling of any complaint of
sexual harassment lodged against a Member of the Assembly or an
Assembly employee. Those recommendations shall be submitted to the
Committee on Rules no later than 30 days following the appointment of
the membership of this subcommittee.
(c) Following the submission of the recommendations pursuant to
subdivision (b), the chair of the subcommittee may cause the
subcommittee to convene to review and recommend further changes in
procedures as subsequent events may require.
Committee on Rules
15. The Committee on Rules shall continue in existence during any
recess of the Legislature and after final adjournment and until the
convening of the next regular session, and shall have the same powers
and duties as while the Assembly is in session. In dealing with any
matter within its jurisdiction, the committee and its members have
and may exercise all of the rights, duties, and powers conferred upon
investigating committees and their members by the Joint Rules of the
Senate and Assembly as they are adopted and amended from time to
time, which rules are incorporated herein and made applicable to the
Committee on Rules and its members.
Operating Fund Report
15.5. The Committee on Rules shall annually prepare a report to
the public of expenditures as required by Section 9131 of the
Government Code.
Independent Audit of Operating Funds
15.6. The Committee on Rules shall contract for an independent
audit of the revenues and expenditures, for each fiscal year, from
the Assembly Operating Fund. The organization performing the audit
shall be selected by a majority of the membership of the Committee on
Rules. The contract for the audit shall be awarded through a
competitive bidding procedure. The audit shall be prepared in a
manner and form to be determined by the organization performing the
audit, and shall be consistent with generally accepted accounting
principles.
The audit shall be completed and made available to the public
within 180 calendar days following the completion of the fiscal year
for which the audit is performed.
Performance Audit
15.7. In addition to the annual financial audit required by Rule
15.6, the Committee on Rules shall contract for an audit of the
administrative operations of the Assembly. The administrative
departments to be audited shall be determined by the Committee on
Rules. An organization performing an audit pursuant to this rule
shall be selected by a majority of the membership of the Committee on
Rules. A contract for an audit shall be awarded through a
competitive bidding procedure. Audits shall be prepared in a manner
and form to be determined by the organization performing the audit,
and shall be consistent with generally accepted accounting
principles.
All findings and recommendations reported by an auditing firm
shall be made available to Members and to the public.
Rules Committee Resolutions
16. The Committee on Rules, acting unanimously by appropriate
resolution, on behalf of and in the name of the Assembly, may extend
congratulations, commendations, sympathy, or regret to any person,
group, or organization, and may authorize the presentation of
suitably prepared copies of these resolutions to the persons
concerned and to their relatives.
Assembly Operating Fund
17. The Committee on Rules is the committee identified in Section
9127 of the Government Code. The balance of all money in the
Assembly Operating Fund, including money now or hereafter
appropriated, except the sums that are made available specifically
for the expense of designated committees or for other purposes, is
hereby made available to the Committee on Rules for any charges or
claims it may incur in carrying out the duties imposed upon it by
these rules or by Assembly or concurrent resolution. The money made
available by this rule includes the unencumbered balances of all sums
heretofore made available to any Assembly or joint committee by the
Assembly, upon the expiration of that committee, and shall be
expended as provided in these rules.
Expenditures
18. A Member or committee may not incur any expense except as
authorized pursuant to these rules or the Joint Rules of the Senate
and Assembly, or as authorized by the Assembly or the Committee on
Rules.
The Committee on Rules shall provide, by rules and regulations,
for the manner of authorizing expenditures by Members, committees,
officers, and employees of the Assembly that are not otherwise
authorized by law, these rules, or the Joint Rules of the Senate and
Assembly. These rules and regulations shall incorporate a provision
whereby construction, alteration, improvement, repair, or maintenance
of real or personal property, and the purchase of supplies and
equipment, shall be governed by competitive bidding. Further, the
rules and regulations shall provide for the payment of expenditures,
as authorized by these rules and regulations, from the Assembly
Operating Fund upon certification of claims therefor to the
Controller by the Committee on Rules or its authorized
representative.
A Member may not be reimbursed for travel outside the State of
California without prior approval of the Speaker or the Committee on
Rules.
Rules and Regulations Governing Committees
20. All claims for expenses incurred by investigating committees
of the Assembly shall be approved by the Committee on Rules, or its
authorized representative, before the claims are presented to the
Controller.
All proposed expenditures, other than expenditures of the funds of
an investigating committee, shall be approved by the Committee on
Rules or its authorized representative before the expenses are
incurred, unless the expenditure is specifically exempted from this
requirement by the resolution authorizing it.
No warrant may be drawn in payment of any claim for expenses until
the approval of the Committee on Rules, or its authorized
representative, has been obtained in accordance with this rule.
The Committee on Rules shall adopt rules and regulations governing
the awarding of any contract by an investigating committee, and
rules and regulations limiting the amount, time, and place of
expenses and allowances to be paid to employees of Assembly
investigating committees or other Assembly committees.
These rules may provide for allowances to committee employees in
lieu of actual expenses.
Mileage is an allowance to a committee employee in lieu of actual
expenses of travel. When travel is by private conveyance, mileage may
be allowed only to the operator of, and not to passengers in, a
private vehicle. Claims for mileage by private conveyance must be
accompanied by the license number of the vehicle and the names of
state officers and employees riding as passengers.
Copies of all rules and regulations adopted pursuant to this rule
shall be distributed to the chairperson of every investigating
committee and of any other Assembly committee that has employees.
Fees for Witnesses
21. Each witness summoned to appear before the Assembly or any of
its committees shall be reimbursed at a rate set by the Committee on
Rules.
Assembly General Research Committee
22. (a) The Assembly General Research Committee is hereby
continued as a permanent factfinding committee pursuant to Section 11
of Article IV of the California Constitution. The committee is
allocated all subjects within the scope of legislative regulation and
control, but may not undertake any investigation that another
committee has been specifically requested or directed to undertake.
The Assembly General Research Committee may act through subcommittees
appointed by the Speaker in consultation with the Committee on
Rules, and each of these subcommittees may act only on the particular
study or investigation assigned by the Speaker in consultation with
the Committee on Rules to that subcommittee. Each subcommittee shall
be known and designated
as a select committee. The Speaker is the Chairperson of the Assembly
General Research Committee and may be a voting member of any
subcommittee. Each member of the Assembly General Research Committee
is authorized and directed to receive and investigate requests for
legislative action made by individuals or groups, and to report
thereon to the full committee. The Committee on Rules is authorized
to allocate to any subcommittee from the Assembly Operating Fund
those sums that the Committee on Rules deems necessary to complete
the investigation or study conferred upon that subcommittee. The
Committee on Rules shall further allocate, from time to time, to the
Assembly General Research Committee from the Assembly Operating Fund
those sums that are necessary to permit the Assembly General Research
Committee and the members thereof to carry out the duties imposed on
them. The committee has continuous existence until the time that its
existence is terminated by a resolution adopted by the Assembly, and
the committee is authorized to act both during and between sessions
of the Legislature, including any recess.
(b) The committee and its members shall have and exercise all the
rights, duties, and powers conferred upon investigating committees
and their members by the Joint Rules of the Senate and Assembly and
the Standing Rules of the Assembly as they are adopted and amended
from time to time at this session, which provisions are incorporated
herein and made applicable to the committee and its members.
(c) The committee has the following additional powers and duties:
(1) To contract with other agencies, public or private, for the
rendition and affording of services, facilities, studies, and reports
to the committee as the committee deems necessary to assist it to
carry out the purposes for which it is created.
(2) To cooperate with and secure the cooperation of county, city,
city and county, and other local law enforcement agencies in
investigating any matter within the scope of this rule and to direct
the sheriff of any county to serve subpoenas, orders, and other
process issued by the committee.
(3) To report its findings and recommendations to the Legislature
and the people from time to time.
(4) To do any and all other things necessary or convenient to
enable it fully and adequately to exercise its powers, perform its
duties, and accomplish the objects and purposes of this rule.
Assembly Legislative Ethics Committee
22.5. (a) The Assembly Legislative Ethics Committee is hereby
created. The committee shall consist of six Members of the Assembly,
appointed by the Speaker. Notwithstanding any other rule of the
Assembly, three members of the committee shall be from the political
party having the greatest number of Members in the Assembly and three
members shall be from the political party having the second greatest
number of Members. Any temporary or permanent vacancy on the
committee shall be filled within 10 days by a member from the same
political party. All appointments, including appointments to fill
permanent or temporary vacancies, of members from the political party
having the second greatest number of Members in the Assembly shall
be made from a list of nominees that the Minority Floor Leader
provides to the Speaker. The Speaker shall designate one member of
the committee from the political party having the greatest number of
Members in the Assembly and one member of the committee from the
political party having the second greatest number of Members to serve
as co-chairs of the committee. The Speaker shall designate one of
the co-chairs to serve as the presiding officer at any meeting or
hearing conducted by the committee.
If a verified complaint is filed against a member of the
committee, the Speaker shall temporarily replace the member with a
Member from the same political party, who shall serve until the
complaint is dismissed or the Assembly takes final action on the
complaint, whichever occurs first.
(b) The provisions of this rule, and of Rule 11.5 related to
investigating committees, apply to the committee and govern its
proceedings.
Prior to the issuance of any subpoena by the committee with
respect to any matter before the committee, it shall, by a resolution
adopted by the committee pursuant to a vote in accordance with
subdivision (n), define the nature and scope of its investigation in
the matter before it.
(c) Funds for the support of the committee shall be provided from
the Assembly Operating Fund in the same manner that those funds are
made available to other committees of the Assembly.
(d) (1) The committee has the power, pursuant to this rule and
Article 3 (commencing with Section 8940) of Chapter 1 of Part 1 of
Division 2 of Title 2 of the Government Code, to investigate and make
findings and recommendations concerning violations by Members of the
Assembly of any provision of Article 2 (commencing with Section
8920) of Chapter 1 of Part 1 of Division 2 of Title 2 of the
Government Code or of any other provision of law or legislative rule
that governs the conduct of Members of the Assembly, hereafter
collectively referred to as "standards of conduct."
(2) The committee may, on its own action pursuant to a vote in
accordance with subdivision (n), initiate an investigation of a
Member of the Assembly.
(e) Any person may file with the committee a verified complaint in
writing, which shall state the name of the Member of the Assembly
alleged to have violated any standard of conduct, and which shall set
forth the particulars thereof with sufficient clarity and detail to
enable the committee to make a determination. The person filing the
complaint thereafter shall be designated the complainant.
If a verified complaint is filed with the committee, the committee
promptly shall send a copy of the complaint to the Member of the
Assembly alleged to have committed the violation complained of, who
thereafter shall be designated the respondent.
A complaint may not be filed with the committee after the
expiration of 12 months from the date the alleged violation is
discovered or three years from the date of the alleged violation,
whichever occurs first.
(f) (1) If the committee determines that the verified complaint
does not allege facts, directly or upon information and belief,
sufficient to constitute a violation of any standard of conduct, it
shall dismiss the complaint and so notify the complainant and
respondent.
(2) (i) If the committee determines that the verified complaint
does allege facts, directly or upon information and belief,
sufficient to constitute a violation of any standard of conduct, the
committee promptly shall investigate the alleged violation and if,
after this preliminary investigation, the committee finds that
reasonable cause exists for believing the allegations of the
complaint, it shall fix a time for a hearing in the matter, which
shall be not more than 30 days after that finding. The committee may,
however, seek an extension of this period, not to exceed an
additional 30 days, which may be granted by a majority vote of the
Committee on Rules.
(ii) If, after preliminary investigation, the committee does not
find that reasonable cause exists for believing the allegations of
the complaint, the committee shall dismiss the complaint. In either
event, the committee shall notify the complainant and the respondent
of its determination.
(3) The committee shall make its determination under paragraph (1)
or (2) of this subdivision, pursuant to a vote in accordance with
subdivision (n), not later than 90 days after first receiving a
complaint that satisfies subdivision (e). The committee may, however,
seek an extension, not to exceed 30 days, which may be granted by a
majority vote of the membership of the Committee on Rules. If the
committee has requested a law enforcement agency to investigate the
complaint or if the committee knows the complaint is being
investigated by a law enforcement agency, the time limits set forth
in this subdivision shall be tolled until the investigation is
completed.
(4) The committee's determination under paragraph (1) or (2) of
this subdivision shall be stated in writing, with reasons given
therefor, and shall be provided to the Assembly, and, in any case
concerning an alleged violation of Article 2 (commencing with Section
8920) of Chapter 1 of Part 1 of Division 2 of Title 2 of the
Government Code, shall be provided to the appropriate law enforcement
agency. This written determination is a public record and is open to
public inspection.
(5) Any deliberations of the committee from the time of receipt of
a complaint until it decides to dismiss the complaint or to set a
hearing shall not be open to the public unless the respondent
requests a public meeting.
(g) After the complaint has been filed, the respondent shall be
entitled to examine and make copies of all evidence in the possession
of the committee relating to the complaint.
(h) If a hearing is held pursuant to subdivision (f), the
committee, before the hearing has commenced, shall issue subpoenas
and subpoenas duces tecum at the request of any party in accordance
with Chapter 4 (commencing with Section 9400) of Part 1 of Division 2
of Title 2 of the Government Code. All of the provisions of that
chapter, except Section 9410 of the Government Code, shall apply to
the committee and the witnesses before it.
(i) At any hearing held by the committee:
(1) Oral evidence shall be taken on oath or affirmation.
(2) Each party shall have these rights: to be represented by legal
counsel; to call and examine witnesses; to introduce exhibits; and
to cross-examine opposing witnesses.
(3) The hearing shall be open to the public.
(j) Any official or other person whose name is mentioned at any
investigation or hearing of the committee, and who believes that
testimony has been given that adversely affects him or her, shall
have the right to testify or, at the discretion of the committee, to
testify under oath relating solely to the material relevant to the
testimony regarding which he or she complains.
(k) The committee shall have 15 days following the hearing within
which to deliberate and reach its final determination on the matter
as follows:
(1) If the committee finds that the respondent has not violated
any standard of conduct, it shall order the action dismissed, shall
notify the respondent and complainant thereof, and, in cases
concerning an alleged violation of Article 2 (commencing with Section
8920) of Chapter 1 of Part 1 of Division 2 of Title 2 of the
Government Code, shall transmit a copy of the complaint and the fact
of dismissal to the appropriate law enforcement agency. The complaint
and the fact of dismissal transmitted pursuant to this paragraph are
public records and open to public inspection.
(2) If the committee finds that the respondent has violated any
standard of conduct, it shall state its findings of fact and submit a
report thereon to the Assembly. This report shall be accompanied by
a House Resolution, authored by the committee, which shall be
introduced at the Chief Clerk's desk and then referred by the
Committee on Rules to the Ethics Committee. The House Resolution
shall include a statement of the committee's findings and the
committee's recommendation for disciplinary action. Within seven
days, the committee shall adopt the final form of the House
Resolution and report it to the Assembly for placement on the Daily
File. The committee also shall send a copy of those findings and
report to the complainant and respondent, and, in cases concerning an
alleged violation of Article 2 (commencing with Section 8920) of
Chapter 1 of Part 1 of Division 2 of Title 2 of the Government Code,
shall report thereon to the appropriate law enforcement agency. The
report submitted pursuant to this paragraph is a public record and
open to public inspection.
After the receipt of a copy of the committee's final report and
House Resolution, the Assembly expeditiously shall take appropriate
action with respect to the respondent.
( l ) The filing of a complaint with the committee
pursuant to this rule suspends the running of the statute of
limitations applicable to any violation of any standard of conduct
alleged in the substance of that complaint while the complaint is
pending.
(m) The committee shall maintain a record of its investigations,
inquiries, and proceedings. All records, complaints, documents, and
reports filed with or submitted to or made by the committee, and all
records and transcripts of any investigations, inquiries, or hearings
of the committee under this rule shall be deemed confidential and
shall not be open to inspection, without the express permission of
the committee, by any person other than a member of the committee, or
an employee of the committee or other state employee designated to
assist the committee, except as otherwise specifically provided in
this rule. The committee may, by adoption of a resolution, authorize
the release to the Attorney General or a district attorney of the
appropriate county of any information, records, complaints,
documents, reports, and transcripts in its possession that are
material to any matter pending before the Attorney General or that
district attorney. All matters presented at a public hearing of the
committee and all reports of the committee stating a final finding of
fact pursuant to subdivision (k) shall be public records and open to
public inspection. Any employee of the committee who divulges any
matter that is deemed to be confidential by this subdivision shall be
subject to discipline by the Committee on Rules.
(n) The committee may take any action authorized by this rule only
upon the vote of not less than two members from the registered
political party having the greatest number of Members in the Assembly
and two members from the registered political party having the
second greatest number of Members. Any vacancy on the committee does
not reduce the votes required to take action.
(o) The committee may render advisory opinions to Members of the
Assembly with respect to the standards of conduct and their
application and construction. The committee may secure an opinion
from the Legislative Counsel for this purpose or issue its own
opinion. Any committee advisory opinion shall be prepared by
committee members or staff and shall be adopted by the committee
pursuant to subdivision (n).
(p) The committee shall conduct, at least semiannually, an
orientation course on the relevant statutes and regulations governing
official conduct. The curriculum and presentation of the course
shall be established by the Committee on Rules. At least once each
biennial session, each Member of the Assembly and each employee of
the Assembly shall attend one of these courses.
(q) Pursuant to Section 8956 of the Government Code, the committee
shall do each of the following:
(1) Conduct, at least semiannually, an orientation course on the
relevant ethical issues and laws relating to lobbying.
(2) Impose fees on lobbyists for attending the course specified in
paragraph (1) at an amount that will permit the participation of
lobbyists to the fullest extent possible.
Printing of Committee Reports
23. All requests for the printing of reports of Assembly
committees shall be referred to the Committee on Rules. The Committee
on Rules shall determine the number of copies needed, whether the
report shall be printed in the Journal, and whether the report shall
be distributed electronically. The Committee on Rules shall authorize
the distribution of reports electronically whenever possible.
Assembly Employees
24. Every employee who works for a committee of the Assembly or a
subcommittee of a committee, for a Member of the Assembly, for the
Chief Clerk's office, or for the Sergeant at Arms, is an employee of
the Assembly. All employees of the Assembly serve at the pleasure of
the Assembly and the terms and conditions of their employment may be
modified, or their employment may be terminated at will, at any time
and without notice, by the Committee on Rules.
Every applicant for employment by the Assembly shall prepare a
formal application for employment on forms prescribed by the
Committee on Rules. The application shall include a statement of his
or her present employment, his or her employment during the preceding
two years, and other pertinent information that the Committee on
Rules may require. The application shall be certified under penalty
of perjury, and any willful false statement or omission of a material
fact shall be punishable as perjury. If the application discloses
any fact that indicates that the applicant has a personal interest
that would conflict with the faithful performance of his or her
duties, the applicant shall not be employed. All applications shall
be retained in the records of the committee.
Every employee shall complete the Assembly ethics course in the
first six months of his or her employment. Thereafter, every employee
shall take the course in the first six months of every legislative
session.
Every employee shall, within the first six months of every
legislative session, take a course on sexual harassment prevention.
The content of the course shall be determined by the Committee on
Rules and shall include the Assembly's policy on sexual harassment
prevention and response.
An employee may not engage in any outside business activity or
outside employment that is inconsistent, incompatible, or in conflict
with his or her functions or responsibilities as an employee of the
Assembly. Any employee who engages in any outside business activity
or employment that is in any way related to his or her functions or
responsibilities as an employee shall promptly notify the Committee
on Rules of that business activity or employment.
Assembly Proceedings
25. Accredited press representatives may not be excluded from any
public legislative meeting or hearing and may not be prohibited from
taking photographs of, televising, or recording the committee or
house hearings, subject to the following conditions:
(1) This rule shall extend to all public legislative meetings.
(2) Lights shall be used only when cameras are filming, and, when
possible, proceedings in hearing rooms and the Chamber shall be
filmed without lights.
(3) Every effort should be made to set up filming equipment before
hearings or sessions begin.
(4) The committee chairperson or the Speaker shall be notified, as
far in advance of the proceedings as possible, that recordings and
television cameras will be present and filming.
(5) To the extent practical, flash cameras shall not be used.
(6) Photographs shall be taken in an orderly and expeditious
manner so as to cause the least possible inconvenience to the
committee or to the Members in the Chamber.
IV. ASSEMBLY FUNCTIONS
A. Duties of Assembly Officers
Duties of the Speaker
26. (a) The Speaker possesses the powers and shall perform the
duties prescribed as follows:
(1) To preserve order and decorum; he or she may speak to points
of order in preference to the other Members, rising from his or her
chair for that purpose.
(2) To decide all questions of order subject to appeal to the
Assembly by any Member. On every appeal, the Speaker shall have the
right to assign the reason for his or her decision.
(3) To name any Member to perform the duties of the Speaker,
except that any substitution may not extend beyond adjournment.
(4) To have general direction over the Assembly chamber and rooms
set aside for the use of the Assembly, including the rooms for use by
Members as private offices.
(5) To allocate funds, staffing, and other resources for the
effective operation of the Assembly.
(6) To appoint the membership of all standing and special
committees, including the Committee on Rules, and their respective
chairpersons and vice chairpersons. The Speaker has approval power
over the appointment of subcommittees of standing and special
committees, except as otherwise provided in Rule 14.5. The Committee
on Rules consists of the Chairperson, Vice Chairperson, and other
Members who shall be appointed by the Speaker in accordance with the
process for appointing the membership of standing committees pursuant
to this rule. Two alternate members of the Committee on Rules shall
be appointed in accordance with the process for appointing members to
the Committee on Rules. Members and alternates so appointed shall
remain in office until their successors are selected as provided for
in these rules. The Speaker may designate any member in lieu of or in
addition to the alternate member to fill a temporary vacancy. An
alternate member may serve when a committee member is absent.
(7) To establish a schedule of meetings of standing committees or
subcommittees and to approve special meetings at a time different
from the scheduled time.
(8) To have general control and direction over the Journals,
papers, and bills of the Assembly and to establish a procedure in
accordance with Assembly Rule 118 for admitting employees of the
Legislature to the Assembly Chambers, including the lobby in the rear
of the chambers and any hallway or area of the floor that is
adjacent to the desks occupied by the assistants to the Chief Clerk.
(9) To act as Chairperson of the Committee of the Whole.
(10) To order the Lobby and Gallery cleared whenever he or she
deems it necessary.
(11) To authenticate by his or her signature, when necessary or
required by law, all bills, memorials, resolutions, orders,
proceedings, writs, warrants, and subpoenas issued by order of the
Assembly.
(b) The Speaker is an ex officio member of all Assembly and joint
committees with all of the rights and privileges of that membership,
except the right to vote. In counting a quorum of any of those
committees, the Speaker shall not be counted as a member.
(c) The Speaker shall, at each regular session, appoint a Member
of the Assembly to serve on the Judicial Council pursuant to Section
6 of Article VI of the California Constitution.
Funerals and Other Ceremonies and Events
27. The Speaker may designate any one or more of the Members of
the Assembly as the representatives of the Assembly to attend
funerals and other ceremonies and events in appropriate
circumstances. The Members so designated shall receive their expenses
as provided in Joint Rule 35.
Selection of Officers
28. (a) The Speaker shall appoint all nonelected officers of the
Assembly except the Minority Floor Leader.
(b) The Minority Floor Leader shall be selected by the caucus of
the political party having the second greatest number of Members in
the Assembly.
Duties of the Speaker pro Tempore
29. The Speaker pro Tempore shall perform those duties assigned
by the Speaker, including the responsibility of presiding over
sessions of the Assembly and advising the Members on parliamentary
procedures of the house.
Majority Floor Leader
30. It is the duty of the Majority Floor Leader to make those
appropriate motions, points of order, or other arrangements that may
be necessary to expedite the proceedings of the Assembly, and he or
she is responsible for the presentation of all matters that relate to
the order of business, and to the promotion of harmony among the
membership.
Majority Policy Leader
30.5. The Majority Policy Leader shall perform those duties
assigned by the Speaker, including assisting the Speaker in the
development and implementation of the goals and objectives for the
Assembly.
Caucus Chairpersons
31. The chairperson of the caucus of the political party having
the greatest number of Members in the Assembly, and the chairperson
of the caucus of the political party having the second greatest
number of Members in the Assembly, shall perform those duties that
are prescribed by their respective party caucuses.
Chief Clerk
32. The Chief Clerk of the Assembly has the following duties,
powers, and responsibilities:
(a) To keep the bills, papers, and records of the proceedings and
actions of the Assembly and to have charge of the publication and
distribution of those publications related thereto.
(b) To supervise Assembly employees who are engaged in duties
related to subdivision (a).
(c) To act as Parliamentarian of the Assembly and to advise the
officers of the Assembly and the Committee on Rules on parliamentary
procedure and the Rules of the Assembly when called upon to do so.
(d) To prepare all bills, resolutions, histories, journals, and
related publications for printing.
(e) To refuse to permit any bills, papers, or records to be
removed from his or her office or out of his or her custody, except
upon duly signed receipts from persons authorized.
(f) To mail, before the commencement of each regular session of
the Legislature, to each Member a blank form on which the Member may
indicate his or her committee preferences. Accompanying the blank
form shall be mailed a stamped envelope addressed to the Chief Clerk
of the Assembly for returning the form. After their receipt, all
those communications shall be held by the Chief Clerk of the Assembly
and the information contained in the forms shall be forwarded to the
Speaker.
(g) To perform other duties that are prescribed by law or the
Committee on Rules.
(h) To make technical changes in measures and amendments pending
before the Assembly. The Chief Clerk shall notify the Speaker and the
author of the measure of any such change.
(i) To compare all bills, ordered or considered engrossed by the
Assembly, with the engrossed copies thereof; before they pass out of
the possession of the Assembly, to see that each engrossed bill is a
true copy of the original, with those amendments that may have been
made thereto; and to see that all engrossed bills are reported back
in the order in which they were ordered engrossed.
(j) To assist the Committee on Rules, upon its request, in
recommending the reference of bills to the appropriate standing
committee.
The Assistant Chief Clerk shall have the powers and perform the
duties of the Chief Clerk during his or her absence.
Sergeant at Arms
33. The Sergeant at Arms has the following duties, powers, and
responsibilities:
(a) To attend the Assembly during its session, preserve order,
announce all official messengers, and serve all process issued by
authority of the Assembly and directed by the Speaker; the Sergeant
at Arms shall receive actual expenses for himself or herself, or for
an assistant, incurred in executing any process.
(b) To see that no person is admitted to the Assembly
Chamber except in accordance with these rules.
(c) To have general supervision over the Assistant Sergeants at
Arms and be responsible for their official acts and their performance
of and regular attendance upon their duties.
(d) To execute all commands of the Speaker.
(e) To perform all other duties pertaining to his or her office as
prescribed by law or Assembly rule.
The Chief Assistant Sergeant at Arms shall have the powers and
perform the duties of the Sergeant at Arms during his or her absence.
Filling Interim Vacancies--Assembly Elected Officers
34. In the event a vacancy in any office, except Speaker, elected
by the membership of the Assembly occurs during joint recesses, the
Committee on Rules shall fill the office until the session
reconvenes. If a vacancy occurs in the office of the Speaker during a
joint recess, the Committee on Rules shall notify the membership
within 15 days from the time the vacancy occurs and shall call a
caucus of the membership of the Assembly for the purpose of filling
the vacancy. This caucus shall be held at the State Capitol within 30
days from the time the vacancy occurs. Notice of the caucus shall be
in writing and shall be mailed not less than 10 days prior to the
meeting of the caucus. If the Committee on Rules fails to act within
15 days from the time the vacancy in the office of Speaker occurs,
the Chief Clerk of the Assembly shall act in its place, following the
procedure set forth in this rule. Any person selected to fill any
vacancy pursuant to this rule holds the office until the session
reconvenes.
An affirmative recorded vote of a majority of the duly elected and
qualified Members is required for the selection by the Assembly
caucus of a person to fill a vacancy pursuant to this rule. The
procedure for selecting the Speaker at the caucus is the same as the
procedure required for the election of the Speaker at a session.
B. Printing
Authority for Printing
35. The State Printer may not charge any printing or other work
to the Assembly other than as provided by law or Assembly rule,
except upon a written order signed by the Chief Clerk of the Assembly
or the Chief Administrative Officer of the Assembly. All invoices
for printing furnished to the Assembly shall be itemized and rendered
by the State Printer within 30 days after completion of the
printing. When necessary, the Chief Clerk of the Assembly or the
Chief Administrative Officer of the Assembly may order certain
printed matter completed in advance of its regular order by the
issuance of a rush order.
Ordering of Printing
36. The Chief Clerk is authorized to order, and is responsible
for ordering, the printing of bills, resolutions, journals, daily
files, histories, and related documents.
The Chief Clerk of the Assembly, or the Chief Administrative
Officer of the Assembly, shall order other printing as directed or
authorized by the Committee on Rules, and the written order for that
printing shall be countersigned by the Speaker or a person designated
by the Speaker. The Chief Clerk of the Assembly or the Chief
Administrative Officer of the Assembly shall also order other
printing as directed or authorized by resolution or motion of the
Assembly.
Printing Assembly History and Legislative Handbook
37. During the session, the Chief Clerk shall cause to be printed
and placed upon each Member's desk, prior to convening on Monday of
each week, a complete history showing all actions taken upon each
measure up to and including the legislative day preceding its
issuance. For each legislative day intervening between the issuance
of each Weekly History, there shall be printed a Daily Supplemental
History showing only actions taken upon any measure since the
issuance of the preceding Weekly History.
The Chief Clerk of the Assembly shall, as soon as practicable, in
each even-numbered year, commence to compile a legislative manual or
handbook, pursuant to Section 9740 of the Government Code.
Transmittal of Assembly Joint Resolutions
37.5. Whenever the Chief Clerk is directed to transmit copies of
an Assembly Joint Resolution to Members of the Legislature or Members
of Congress, the Chief Clerk may do one or both of the following:
(a) Transmit the copies to the designated Members by electronic
means.
(b) Transmit one physical copy to the appropriate administrative
or legislative officer of the designated body.
V. LEGISLATIVE PROCEDURE
Order of Business
40. (a) The order of business of the Assembly shall be as
follows:
1. Roll Call
2. Prayer by the Chaplain
3. Reading of the Previous Day's Journal
4. Presentation of Petitions
5. Introduction and Reference of Bills
6. Reports of Committees
7. Messages From the Governor
8. Messages From the Senate
9. Motions and Resolutions
10. Business on the Daily File
11. Announcements
12. Adjournment
(b) With the exception of Special Orders of Business, the Speaker
may determine that a different order of business will result in a
more expeditious processing of the business of the Assembly by
ordering resolutions honoring an individual or an organization,
introductions, and adjournments in memory of individuals to be taken
up in a different order than that listed in subdivision (a).
Pledging of Allegiance to the Flag
41. At each session, following the prayer by the Chaplain, the
Members of the Assembly and its officers and employees present in the
Assembly Chamber shall pledge their allegiance to the Flag of the
United States of America. The Speaker shall invite guests present in
the Assembly Chamber to join in the pledge of allegiance to the Flag
of the United States of America.
Reading and Correcting Journals
42. (a) The reading of the Journal of the previous day may be
dispensed with, on motion, by a majority vote of the Members present
and voting.
(b) All journals of the Assembly shall be corrected by the Minute
Clerk and delivered to the Chief Clerk.
(c) A motion to correct any day's Journal or to print a letter in
the Journal shall always be in order and shall require a majority
vote of the Members present and voting.
Presentation of Petitions
43. Whenever petitions, memorials, or other papers are presented
by a Member, a brief statement of the contents thereof may be made
verbally by the introducer. Petitions are not debatable and shall be
filed, or referred to a committee as the Speaker shall determine.
Receipt of that presentation and its disposition shall be noted in
the Journal.
Upon receipt of a petition for the impeachment of any person
subject to impeachment by the Legislature, the Speaker shall, without
comment or debate, forthwith refer the petition to committee.
Messages From the Governor
44. Messages from the Governor shall be delivered to the Chief
Clerk or an assistant, and shall be read and ordered printed in the
Journal unless otherwise ordered by an affirmative recorded vote of
54 or more Members.
Messages From the Senate
45. Messages from the Senate shall be delivered to the Chief
Clerk or an assistant, and shall be read and ordered printed in the
Journal. The Committee on Rules shall refer each bill to a committee,
unless upon a motion the Assembly, by an affirmative recorded vote
of 41 or more Members, refers it to some other committee. The action
to refer a bill is not debatable. The reference shall be entered in
the Journal. Assembly bills that have been passed without amendment
by the Senate shall be ordered to enrollment.
An Assembly bill amended by the Senate shall be placed upon the
unfinished business file but shall not be eligible to be acted upon
until it is on the unfinished business file for one calendar day,
except that when the Assembly bill is placed upon the unfinished
business file during the last two legislative days preceding (1) the
January 31 bill passage deadline specified by Section 10 of Article
IV of the California Constitution, (2) the scheduled commencement of
the interim study recess, or (3) the scheduled commencement of the
final recess as specified by the Joint Rules of the Senate and
Assembly, it may be acted upon immediately.
Presentation of Guests or Memorials in the Assembly
45.5. These rules do not prohibit the Speaker or Speaker pro
Tempore from permitting the introduction of a special guest or
guests. A request that a session of the Assembly adjourn in memory of
a person shall be made in writing. The request shall be read by the
presiding officer immediately prior to adjournment.
A. Bills and Resolutions
Bills Defined
46. (a) The word "bill," as used in these rules, includes a
constitutional amendment, a concurrent resolution, and a joint
resolution, except as otherwise specifically provided.
(b) A concurrent resolution and a joint resolution, other than a
resolution ratifying proposed amendments to the United States
Constitution and a resolution calling for a constitutional
convention, shall be treated in all respects as a bill except as
follows:
(1) It shall be given only one formal reading.
(2) It shall not be deemed a bill within the meaning of
subdivision (a) of Section 8 of Article IV of the California
Constitution.
Introduction and Reference of Bills
47. (a) Each bill shall be signed by each Member who is an author
or coauthor of the bill before it is introduced. If any bill is
introduced that does not contain the signature of its author or
coauthor, the bill, on motion of the Member whose name appears
thereon without that signature, shall be stricken from the file by an
affirmative recorded vote of 41 or more Members.
(b) After the introduction of preprinted bills, and subject to the
provisions of the Joint Rules of the Senate and Assembly, any Member
desiring to introduce a bill, constitutional amendment, or
concurrent or joint resolution may at any time during a session send
the same to the Chief Clerk's desk.
(c) When received at the Chief Clerk's desk each bill shall, under
the proper order of business, be numbered, read the first time,
printed, and referred to a standing committee, and a copy thereof
shall be placed upon the desk of each Member before final passage.
All bills and constitutional amendments introduced before the
standing committees of the Assembly are appointed shall be referred
to committee, the references to take effect when the committees are
appointed.
(d) The Committee on Budget may introduce a bill germane to any
subject within the jurisdiction of the committee in the same manner
as any Member. Any other standing committee may introduce a total of
five bills in each year of a biennial session that are germane to any
subject within the proper consideration of the committee.
(e) No committee, except the Committee on Budget, may introduce or
author a House Resolution, Concurrent Resolution, or Joint
Resolution.
(f) A committee bill may not be introduced unless it contains the
signatures of a majority of all of the members, including the
chairperson, of the committee. If all of the members of a committee
sign the bill, at the option of the committee chairperson the
committee members' names need not appear as authors in the heading of
the printed bill.
(g) Subdivision (d) or (e) of this rule may be suspended with
respect to a particular bill or resolution by approval of the
Committee on Rules.
Bills Authored by a Former Member
47.1. Whenever the author of a bill in the Assembly is no longer
a Member of the Legislature, upon a request of a committee or current
Member of the house in which the bill was introduced, the Assembly
Committee on Rules may authorize that committee or Member to be the
author of that bill. Absent that authorization, an action may not be
taken by a committee or the Assembly with respect to a bill authored
by a former Member.
Limitation on the Introduction of Bills
49. (a) A Member may introduce not more than 40 bills in the
regular session. As used in this rule, "bills" includes
constitutional amendments.
(b) Notwithstanding subdivision (a) of this rule, a Member may
introduce not more than five resolutions in the regular session. As
used in this rule, "resolutions" include House, Concurrent and Joint
Resolutions, but do not include resolutions introduced by a Member
for the specific purpose of organizing a session that is convened
pursuant to Article IV, Section 3(a) of the State Constitution or
resolutions introduced by the Speaker as part of a session honoring a
retiring Assembly Member.
(c) This rule may be suspended with respect to a particular bill
or resolution by approval of the Committee on Rules.
Reference of Bills to Committee
51. Except as otherwise provided in this rule, the Committee on
Rules shall refer each bill to a committee by a majority vote of the
membership of the committee, unless upon a motion the Assembly, by an
affirmative recorded vote of 41 or more Members, refers it to some
other committee. A motion to refer a bill is not debatable, except as
to the propriety of the motion, and it may not open the main
question to debate.
The Committee on Rules may require that, if a bill is reported out
of the committee to which it has been referred, it shall be
re-referred to another committee that shares jurisdiction of the
subject matter of the bill.
Spot Bills
51.5. A bill that upon introduction makes no substantive change
in or addition to existing law, and would not otherwise affect the
ongoing operations of state or local government, except a bill
stating legislative intent to make necessary statutory changes to
implement the Budget Bill, may not be referred to a committee by the
Committee on Rules. If the author subsequently proposes to the
Committee on Rules to make substantive changes in the bill as
introduced, the Committee on Rules may refer the bill to a committee,
together with the proposed changes for consideration as author's
amendments. A vote on passage of the bill may not be taken, however,
until the bill with its amendments, if adopted, has been in print for
at least 15 days.
Delivery of Bills to State Printer
52. After introduction and first reading, all bills shall be
delivered to the State Printer.
Resolutions
53. All resolutions shall be numbered and may be referred to the
appropriate committee by the Committee on Rules.
Each resolution shall be signed by each Member who is an author or
coauthor of the resolution before it is introduced.
Resolutions by Member
54. A concurrent resolution or a house resolution may be
introduced relating to a present or former state or federal elected
official or a member of his or her immediate family. Other
resolutions for the purpose of commendation or congratulation of any
person, group, or organization, or for the purpose of expressing
sympathy, regret, or sorrow on the death of any person, shall be
prepared as a Rules Committee Resolution and presented to the
committee for appropriate action.
The Committee on Rules may approve exceptions to this rule for
house resolutions. The Chief Clerk may not accept for introduction
any house resolution that is contrary to this rule unless it is
accompanied by the approval of the Committee on Rules.
B. Standing Committee Functions
Standing Committee Rules
55. Subject to the Joint Rules of the Senate and Assembly, the
Rules of the Assembly shall govern the conduct of all committee and
subcommittee meetings.
Meetings of Standing Committees and Subcommittees
56. All standing committees and subcommittees shall meet at the
hour and place provided by the schedule established by the Speaker,
unless permission for a different hearing time is granted by the
Speaker. A committee or subcommittee may not meet during any session
of the Assembly, nor may any Member of the Assembly attend a
conference committee meeting on any bill during any session of the
Assembly without first obtaining permission from the Assembly.
When an unscheduled meeting of a standing committee or
subcommittee has been so ordered, the meeting shall convene in an
area that is readily accessible to the public and the Assembly shall
take care that every effort is made to inform the public that a
meeting has been called. An unscheduled meeting of a committee or
subcommittee may not be held in the Assembly Chamber.
No bill may be set for hearing, nor may any notice thereof be
published by any Assembly committee or subcommittee, until the bill
has been referred to the committee or subcommittee. Nothing in this
paragraph shall prevent a committee or subcommittee from acting with
regard to a bill referred to it where the only action taken is to
cause the bill to be reported to the Assembly with the recommendation
that amendments be adopted and the bill be reprinted as amended and
re-referred to the committee or subcommittee.
The several standing committees and subcommittees and their
chairpersons may adopt a procedure under which bills are scheduled
for hearing on the basis of like subject matter groupings.
Setting and Hearing Bills in Committee
56.1. All bills referred to a standing committee pursuant to
Assembly Rule 51 shall be set and heard, if requested by the author,
as specified by the Joint Rules. If the analysis of an author's
amendment that is subsequently adopted pursuant to Assembly Rule 68
discloses that the amendment makes a substantial substantive change
to the original bill as referred by the Rules Committee, the bill as
amended shall either be set and heard by the committee having
jurisdiction of the bill as amended or re-referred to the Committee
on Rules pursuant to the Assembly Rules.
Committee Analyses
56.5. Except as otherwise provided in this rule, each standing
committee and subcommittee shall prepare an analysis of every bill it
has set for hearing, which shall be available to the public in the
office of the committee or subcommittee one working day prior to the
date on which the hearing is to be held. In the case of a special
meeting, or a meeting of the Committee on Appropriations or the
Committee on Budget, or their subcommittees, the analysis shall be
available to the public at the beginning of the hearing. No question
concerning a committee's compliance with this rule with regard to any
bill shall be in order following a vote on passage of the bill in
that committee. As used in this rule, a "working day" is any day on
which a house file is published.
A copy of each committee analysis shall be transmitted by the
committee secretary to the Assembly Floor Analysis Unit at the same
time it is made available to the public.
Committee Consultants: Floor Analyses
56.6. Except as otherwise provided in this rule, the consultants
of a standing committee or subcommittee are responsible for
monitoring bills assigned to their respective committee or
subcommittee throughout the entire legislative process. Except for
resolutions and bills on the Consent Calendar, a consultant of the
appropriate standing committee shall prepare, in a timely fashion, an
analysis of every bill on third reading or the unfinished business
file, and of any amendment to a bill that is on the Assembly floor,
as directed by the Assembly Floor Analysis Unit.
The committee consultant who prepares the analysis shall transmit
a copy of the completed analysis to the Assembly Floor Analysis Unit.
The Assembly Floor Analysis Unit is responsible for final editing
for grammar and format of all floor analyses.
Consent Calendar
56.7. If the chairperson of a committee or subcommittee, in
advance of a hearing, proposes to recommend any bills for
consideration on the Consent Calendar without hearing testimony on
those bills in committee, a list of those bills shall be made
available to the public at the same time as the committee analysis
required under Rule 56.5.
Committee Quorum
57. Except as otherwise provided in this rule, a majority of the
membership of any standing committee constitutes a quorum for the
transaction of its business, including the decision to recommend the
adoption of any amendments to any bill. A majority of the membership
of the committee, or a subcommittee thereof, is required to report a
bill out of the committee or subcommittee, respectively. Any vacancy
on a standing committee shall not reduce the votes required to take
action on a bill in that committee.
Whenever a member is disqualified pursuant to Joint Rule 44 or the
Political Reform Act of 1974 (Title 9 (commencing with Section
81000) of the Government Code) from voting or taking any other action
related to the passage, defeat, or amendment of a bill in committee,
that disqualification shall be treated the same as a vacancy. The
member shall advise the chairperson of a disqualification, and the
chairperson shall announce which members are so disqualified at the
commencement of the hearing on the bill.
Reconsideration
57.1. After a committee has voted on a bill, reconsideration may
be granted only one time. Pursuant to subdivision (a) of Joint Rule
62, reconsideration may be granted within 15 legislative days or
prior to the interim study joint recess, whichever occurs first. A
vote on reconsideration may not be taken without the same notice
required to set a bill for hearing unless that vote is taken at the
same meeting at which the vote to be reconsidered was taken and the
author is present. An action taken by a committee may not be
reconsidered except by a majority vote of the membership of the
committee.
Bills Reported Back to Assembly
58. All committees shall act upon bills referred to them as soon
as practicable, and when acted upon each bill shall be reported back
to the Assembly forthwith; the chairperson of each committee is
charged with the observance of this rule. The chairperson of each
committee shall, insofar as practicable, report back bills in the
same order as they were acted upon by the committee.
Appropriations Suspense File
58.2. The Committee on Appropriations may maintain a suspense
file, to which bills may be referred by vote of a majority of the
members of the committee present and voting, pending further
consideration by the committee. A bill may be taken off the suspense
file and heard, upon two days' notice published in the file, by a
vote of a majority of the members of the committee present and
voting. A bill removed from the suspense file for the purpose of
amendment only, pursuant to Rule 68, shall be re-referred to the
committee and shall be placed on the suspense file pending further
consideration by the committee.
Voting in Committee
58.5. When a standing committee or subcommittee takes action on a
bill, including reconsideration, the vote may be by roll call vote
only. All roll call votes taken in a standing committee or
subcommittee shall be recorded by the committee secretary on forms
provided by the Chief Clerk of the Assembly. The record of a roll
call vote shall show, for each proposal voted upon: all votes for and
against, all members absent, and all members not voting. The
chairperson of each standing committee or subcommittee shall promptly
transmit a copy of the record of the roll call votes to the Chief
Clerk of the Assembly, who shall cause the votes to be published in
an appendix to the Journal on a monthly basis.
The committee secretary of each standing committee or subcommittee
shall promptly transmit a copy of the record of the roll call votes
to the Assembly Floor Analysis Unit.
A member may submit a written explanation of his or her vote,
absence, or failure to vote on any bill or resolution, and that
explanation shall be printed in the appendix to the Journal in the
appropriate place, provided that no explanation may exceed 50 words
in length.
At the request of the author or any member of the committee, the
committee shall hold the roll open on any Assembly bill until the
adjournment of the committee meeting. At no time may a bill be passed
out by a committee without a quorum being present.
This rule does not apply to any of the following:
(a) Adoption of author's amendments to a bill.
(b) Withdrawal of a bill from a committee calendar at the request
of an author.
(c) Return of bills to the house where the bills have not been
voted on by the committee.
(d) Votes of subcommittees of the Committee on Budget when
considering the Budget Bill.
(e) Votes of the Committee on Rules when referring bills to
committees.
Subject Matter of Bill Recommended for Interim Study
59. Whenever it is the decision of a standing committee that a
bill referred to that committee shall not be given a do-pass
recommendation, but that the subject matter of the bill should be
referred for study, that standing committee shall retain the bill in
its possession and report its recommendation to the Assembly that the
subject matter of the bill be referred to the Committee on Rules for
that committee's assignment of the subject matter to an appropriate
committee.
Nothing in this rule shall be construed to prohibit a committee
from subsequently reporting the bill to the Assembly with a do-pass
or do-pass as amended recommendation or from reporting it out of
committee without further action on the final day of the session.
Committee Chairperson as Author
60. A chairperson of a standing committee may not preside at a
committee hearing to consider a bill of which he or she is the sole
author or the lead author, except that the Chairperson of the
Committee on Budget may preside at the hearing of the Budget Bill by
the Committee on Budget.
Reports of Committees
61. Specially prepared reports of standing and special committees
shall be delivered to the Chief Clerk or an assistant, and shall be
read and ordered printed in the Journal unless otherwise ordered by
the Speaker or a majority vote of the Members present and voting.
When a report of a joint legislative committee is delivered to the
Assembly Desk, the Speaker shall refer it to a standing committee
for review and appropriate action.
Constitutional Amendments
62.5. All constitutional amendments shall be referred to the
policy standing committee having jurisdiction of that subject matter
and, upon being reported out of that committee, shall be re-referred
to the committee having constitutional amendments within its
jurisdiction.
C. Passage of Bills
Daily File
63. There shall be printed an Assembly Daily File for each
legislative day. The following listing shall constitute the order of
business on the Daily
File:
1. Special Orders of the Day
2. Second Reading, Assembly Bills
3. Second Reading, Senate Bills
4. Unfinished Business
5. Third Reading, Assembly Bills
6. Third Reading, Senate Bills
All bills on the Daily File shall be called for consideration,
provided that Rule 58 has been complied with in the order of their
listing. All scheduled committee hearings, together with the list of
bills to be heard, shall be published in the Daily File.
Copies of Bills for Action on Floor
64. A bill may not be considered or acted upon on the floor of
the Assembly unless and until a copy of the bill as introduced, and a
copy of each amended form of the bill, has been distributed to the
desk of each Member in hard copy or in portable document format (PDF)
via computer.
Second Reading of Bills
66. All bills shall be read by title the second time in the order
of their appearance upon the second reading file. Upon second
reading, Assembly bills reported without amendments shall be ordered
engrossed, and Senate bills reported without amendments shall be
ordered to third reading. All bills reported out of committee shall
be placed on the second reading file for the next legislative day,
and may not be read a second time until the next legislative day
under that order of business. As used in this rule, "bill" does not
include a joint or concurrent resolution, but does include a
constitutional amendment.
Bills Requiring General Fund Appropriation
66.6. Until the Budget Bill has been enacted, the Assembly may
not send to the Governor for consideration any bill appropriating
funds for expenditure during the fiscal year for which the Budget
Bill is to be enacted, except emergency bills recommended by the
Governor or appropriations for the salaries and expenses of the
Legislature.
Passage of Budget Bill
66.7. The Budget Bill may not be voted upon for final passage on
the floor of the Assembly unless it complies with subdivision (f) of
Section 12 of Article IV and Sections 1.3 and 20 of Article XVI of
the California Constitution.
Committee Amendments
67. Committee amendments reported with bills shall be considered
upon their second reading, and the amendments may be adopted by
majority vote of the Members present and voting. Assembly and Senate
bills amended on second reading by committee amendment shall be
ordered reprinted and returned to the second reading file. Assembly
bills so amended shall be engrossed after printing.
Committee amendments reported with bills shall be prepared, or
approved as to form, by the Legislative Counsel. Five copies of the
committee amendments to Assembly bills and five copies of the
committee amendments to Senate bills shall be delivered to the Chief
Clerk's desk.
The Chief Clerk shall cause to be transmitted to the Assembly
Floor Analysis Unit a copy of each committee report and committee
amendment, unless the committee report or committee amendment is
relative to a joint, concurrent, or house resolution.
Adoption of amendments to any bill in the Assembly prior to third
reading, other than by a roll call, shall not preclude subsequent
consideration in committee, or on the third reading by the Assembly,
of the bill, those amendments, or any part thereof.
Author's Amendments
68. Upon request of the author of a bill, the chairperson of the
committee to which the bill has been referred may, by his or her
individual action taken independently of any committee meeting, cause
the bill to be reported to the Assembly with the recommendation that
amendments submitted by the author be adopted and the bill be
reprinted as amended and re-referred to the committee.
Notwithstanding any other rule, a bill to be amended pursuant to
this rule may not be placed on the second reading file for the
adoption of those amendments.
Vote on Passage of Bill as Amended
68.5. Except as otherwise provided in this rule, a vote on
passage of any bill in a standing committee or subcommittee shall be
taken only when the bill is in print, including any previously
adopted amendments to the bill. A vote on passage of an amended bill,
when the amended form of the bill is not in print, may be taken only
if the sole effect of the amendment is to add coauthors to the bill
or if the committee determines that the effect of the amendment upon
the bill can be readily understood by all of the members and audience
present at the hearing. In that circumstance, any member may require
that the amendments be in writing at the time of their adoption.
Bill Analysis Prior to Third Reading
68.6. A bill, concurrent resolution, or joint resolution may not
be considered on third reading unless and until an analysis of the
measure has been distributed by the Assembly Floor Analysis Unit and
placed upon the desks of the Members, unless otherwise ordered by the
Speaker.
Analysis of Conference Committee Amendments
68.7. A report of a conference committee on any bill, other than
the Budget Bill, that recommends the substantive amendment of a bill
may not be considered unless and until an analysis of the proposed
amendment has been distributed by the Assembly Floor Analysis Unit
and placed upon the desks of the Members, unless otherwise ordered by
the Speaker.
Printing of Conference Committee Reports
68.8. A conference report may not be heard by the Assembly until
it has been in print for two days prior to being taken up by the
house.
Conference Committee: Substantial Policy Change
68.9. (a) A conference committee on any bill, other than the
Budget Bill or a bill that is making statutory changes to implement
the Budget Bill, may not approve any substantial policy change in any
bill if that substantial policy change has been defeated in a policy
committee of the Assembly within the current legislative session.
For purposes of this rule, the most recent action of a policy
committee with regard to a substantial policy change is deemed the
only action taken when the policy committee has taken inconsistent
actions with respect to a substantial policy change.
(b) For purposes of subdivision (d) of Joint Rule 29.5, the term
"heard" means that a printed bill with substantially similar language
was before the appropriate committee and taken up at a regular or
special hearing of the committee during the current legislative
session; or that an amendment, which was drafted and given a request
number or approved as to form by the Legislative Counsel, was before
the committee and taken up at a regular or special hearing of the
committee.
Amendments From the Floor
69. (a) Any Member may move to amend a bill during its second or
third reading, and that motion to amend may be adopted by a majority
vote of the Members present and voting.
Amendments to a bill offered from the floor, except committee
amendments reported with bills, amendments offered with a motion to
amend and re-refer a bill to committee, amendments deleting any
number of words, or amendments previously printed in the Journal, are
not in order unless and until a copy of the proposed amendments has
been placed upon the desks of the Members. A copy of a bill that has
been amended only to add coauthors to the bill is not required to be
placed upon the desks of the Members if both the Speaker and Minority
Leader grant an exemption.
Amendments offered from the floor during a bill's second or third
reading shall be prepared, or approved as to form, by the Legislative
Counsel.
Before debate five copies of the proposed amendment to Assembly
bills, and five copies of the proposed amendments to Senate bills,
shall be delivered to the Chief Clerk's desk. One copy of the
proposed amendment shall be transmitted by the Chief Clerk to the
Assembly Floor Analysis Unit. Bills so amended upon second or third
reading shall be reprinted and re-engrossed. The Chief Clerk shall
order printed as many copies of all amended bills as he or she may
determine to be necessary.
(b) (1) Amendments from the floor during a bill's second or third
reading that would make a substantive change in the bill shall be
submitted to the Chief Clerk's desk by 5:00 p.m. or the time of
adjournment, whichever is later, the business day before the start of
session on the legislative day at which they are to be considered.
(2) Upon receipt of the proposed amendments by the Chief Clerk, an
analysis shall be prepared by the committee of origin in conjunction
with the Assembly Floor Analysis Unit, and a copy of that analysis
shall be distributed to each Member's desk prior to the beginning of
debate on adoption of the proposed amendments, unless otherwise
ordered by the Speaker.
(3) As used in this subdivision, "bill" does not include a joint
or concurrent resolution, but does include a constitutional
amendment.
(c) Paragraph (1) of subdivision (b) does not apply to (1)
amendments to a bill taken up without reference to file, (2)
amendments to a bill to add or delete an urgency clause, (3)
amendments to a bill that are identical to other amendments submitted
to the Chief Clerk's desk in accordance with the requirements of
this rule, (4) amendments to the Budget Bill or to a bill that is
making statutory changes necessary to implement the Budget Bill, or
(5) amendments to a bill to make the bill contingent upon the
enactment of another bill, or to incorporate one or more statutory
amendments proposed in another bill to avoid superseding those
amendments.
(d) Any bill amended on the second or third reading file shall be
ordered reprinted and returned to the third reading file, and may not
be acted on by the Assembly until the bill, as amended, has been on
the Daily File for one calendar day. This subdivision does not apply
to a bill that is amended to add or delete an urgency clause or to a
bill that is amended to make statutory changes to implement the
Budget Bill.
(e) A motion to amend a bill on the second or third reading file,
other than committee amendments reported pursuant to Rule 57, is not
in order on (1) the last two legislative days preceding the January
31 bill passage deadline specified by Section 10 of Article IV of the
California Constitution or (2) the last seven days preceding the
scheduled commencement of the interim study recess or the scheduled
commencement of the final recess as specified by the Joint Rules of
the Senate and Assembly. This subdivision may be suspended
temporarily by two-thirds vote of the Members present and voting.
This subdivision does not apply to amendments to a bill pursuant to
Joint Rule 23.5, amendments to a bill to add or delete an urgency
clause, or amendments to a bill to incorporate one or more statutory
amendments proposed in another bill to avoid superseding those
amendments.
Consideration of Political Reform Act Bills
69.1. Pursuant to Section 81012 of the Government Code, any bill
that would amend the Political Reform Act of 1974 (Title 9
(commencing with Section 81000) of the Government Code) may not be
passed until, 12 days prior to being considered for passage, the bill
in its final form has been delivered by the Chief Clerk to the Fair
Political Practices Commission for distribution to the news media and
to every person who has requested the commission to send a copy of
any such bill to him or her.
Consideration of Bills Amending the California Stem Cell
Research and Cures Act
69.2. Pursuant to Section 8 of the California Stem Cell Research
and Cures Act (Proposition 71 of the November 2, 2004, statewide
general election), the following requirements apply to a bill that
would amend the provisions of that act:
(a) The bill may not be passed until, 14 days prior to the date of
passage, copies of the bill in its final form are made available by
the Chief Clerk to the public and the news media.
(b) Passage of the bill requires the affirmative votes of 56
Members.
Electronic Distribution of Bills, Conference Reports,
Amendments, and Analyses
69.5. Any requirement that bills, conference reports, amendments,
or an analysis be placed on the desks of the Members is satisfied by
electronic distribution of the same information in portable document
format (PDF) via computer to the desk of the Members through the
Assembly Floor System, unless otherwise ordered by the Speaker.
Consideration of Bills Re-referred to Committee
70. Whenever a bill that has been amended and re-referred to
committee is reported out by that committee, it shall be placed on
the second reading file and may not be transferred therefrom to the
third reading file until the following day.
Uncontested Bills
71. A bill may not be placed on the Assembly Consent Calendar
unless it has met the requirements of Joint Rule 22.1 with respect to
each Assembly standing committee to which the bill has been
referred.
Consideration of Concurrent and Joint Resolutions
73. A concurrent or joint resolution may be amended by a majority
vote of the Members present and voting. The ayes and noes may not be
called upon the adoption of concurrent resolutions, except those
authorizing expenditures of money, unless regularly demanded, or
required by statute or the California Constitution.
Adoption of Resolutions
74. Any resolution upon which a roll call vote is demanded
requires an affirmative recorded vote of 41 or more Members for
adoption.
The adoption of any resolution authorizing the expenditure of
money requires an affirmative recorded vote of 41 or more Members.
Printing of Resolutions
75. When any previously printed house resolution is before the
Assembly for adoption, it may be printed in the Journal only if
amendments to it have been adopted, in which case it shall be printed
as amended. In the absence of those amendments, house resolutions
before the Assembly for adoption shall be referred to by day and page
of the Journal as printed upon introduction. For the purposes of
this rule, the adding of a coauthor shall not be deemed an amendment.
Concurrence in Senate Amendments
77. Concurrence in any Senate Amendment to an Assembly bill
requires the same affirmative recorded vote as the vote required by
the California Constitution for the passage of the bill. A vote on
concurrence may not be taken until the bill has been on the
unfinished business file for one calendar day, except that when the
bill is placed upon the unfinished business file during the last two
legislative days preceding (1) the January 31 bill passage deadline
specified by Section 10 of Article IV of the California Constitution,
(2) the scheduled commencement of the interim study recess, or (3)
the scheduled commencement of the final recess as specified by the
Joint Rules of the Senate and Assembly, it may be acted upon
immediately. The vote on concurrence shall be deemed the vote upon
final passage of the bill.
Senate amendments to Assembly bills may not be concurred in unless
and until an analysis of the measure has been distributed by the
Assembly Floor Analysis Unit and a copy placed upon the desks of the
Members, unless otherwise ordered by the Speaker. As used in this
rule, "bill" does not include a joint or concurrent resolution, but
does include a constitutional amendment.
Digest of Bills Amended in Senate
77.1. Whenever the Senate amends and passes an Assembly bill, the
Legislative Counsel shall, within one day after the bill is passed
by the Senate, prepare and transmit to the Chief Clerk and the
Speaker a brief digest summarizing the effect of the Senate
amendment. Upon receipt from the Legislative Counsel, the Chief Clerk
shall cause the digest to be printed in the Daily File immediately
following any reference in the file to the bill covered by the
digest.
Substantially Amended Bills
77.2. If the analysis of an amendment adopted on the floor
discloses that the amendment makes a substantial substantive change
to a bill as passed by the last committee of reference, the bill, as
amended, may be referred by the Speaker to the appropriate committee.
A bill that was previously reported from a policy or fiscal
committee of reference in compliance with Joint Rule 61 is not
subject to the deadlines in Joint Rule 61 if the bill is subsequently
referred to a policy or fiscal committee pursuant to this rule.
If the digest to an Assembly Bill that has been returned to the
Assembly by the Senate for concurrence in Senate amendments discloses
that the Senate has made a substantial substantive change in the
bill as first passed by the Assembly, the bill may be referred by the
Speaker to the appropriate committee.
Inactive File
78. Whenever a bill has been passed twice on the third reading
file on two successive legislative days, it shall be placed forthwith
upon a special file to be known as the inactive file. A bill also
may be placed on the inactive file at the request of the author. When
a bill has been placed on the inactive file, it may be returned to
the third reading file by request of the author. Notice of the
request to return the bill to the third reading file shall be
published one day in advance in the Assembly File. The bill, when
returned to the third reading file, shall then be placed at the foot
of the third reading file.
When a bill, placed on the inactive file from the second reading
file or the unfinished business file, is removed from the inactive
file, it shall be returned to the foot of the second reading file or
the unfinished business file, respectively, in the next published
Daily File.
Engrossing and Enrolling Bills
79. The Engrossing and Enrolling Clerk shall engross and enroll
all bills that come to his or her hands for that purpose, in
compliance with the provisions of Section 9503 of the Government
Code, and in the order of time in which the same shall be acted upon
by the Assembly.
After final passage by both houses, any Assembly bill not amended
by the Senate shall be ordered by the Speaker forthwith to be
enrolled, as provided in Sections 9508 and 9509 of the Government
Code. The Chief Clerk shall report both the day and hour each
enrolled bill is presented to the Governor, which report shall be
entered in the Journal.
VI. PARLIAMENTARY PROCEDURE
A. Motions and Questions
Precedence of Motions During Debate
80. When a question is under debate or before the Assembly, no
motions shall be received but the following, which shall take
precedence in the order named:
First--To adjourn;
Second--To recess to a time certain;
Third--To lay on the table;
Fourth--For the previous question;
Fifth--To set as a special order;
Sixth--To postpone indefinitely;
Seventh--To refer to or to re-refer;
Eighth--To amend.
Questions of Order Decided Without Debate
81. All incidental questions of order, arising after a motion is
made for any of the questions named in Rule 80 and pending that
motion, shall be decided by the Speaker without debate, whether on
appeal or otherwise.
Appeal From Decision of the Speaker
82. Any Member may appeal from a decision of the Speaker without
waiting for recognition by the Speaker, even though another Member
has the floor. An appeal is not in order when another is pending, or
when other business has been transacted by the Assembly prior to the
appeal being taken. Upon the appeal being seconded, the Speaker may
give his or her reasons for the decision, and the Member making the
appeal may give his or her reasons for the appeal, and the Speaker
forthwith shall put one of the following questions to the Assembly:
(1) "Shall the decision of the Speaker be sustained?"
(2) "Shall the decision of the Speaker be overruled?"
An appeal may not be amended and yields only to a motion to recess
or adjourn, or to lay on the table, or a question of personal
privilege. If an appeal is laid on the table, that action shall have
no effect on the pending question.
An appeal may not be debated when relating to indecorum, the
transgression of rules, or the priority of business. A majority vote
of the Members present and voting decides any appeal. In the event of
a tie vote, the appeal is lost.
Speaker Explains Order of Business
83. The Speaker may, on his or her own motion or the motion of
any Member, explain the order of business when the motion pending
before the Assembly is not debatable. That explanation may not
consume more than two minutes.
To Adjourn
84. A motion to adjourn is not debatable and may not be amended,
and is always in order, except: (a) when another Member has the
floor; (b) when the Assembly is voting; or (c) during a call of the
Assembly. The name of any Member moving an adjournment, and the hour
at which the motion was made and adjournment taken, shall be entered
in the Journal. A motion to adjourn shall be adopted by a majority
vote of the Members present and voting.
When a motion to adjourn is made and seconded, it shall be in
order for the Speaker, before putting the question, to permit any
Member to state to the Assembly any fact relating to the condition of
the business of the Assembly which would seem to render it improper
or inadvisable to adjourn. That statement may not occupy more than
two minutes and is not debatable.
An affirmative recorded vote of a majority of the duly elected and
qualified Members is required to adjourn any session of the Assembly
sine die.
To Recess to a Time Certain
85. A motion to recess to a time certain is treated the same as a
motion to adjourn, except that the motion is debatable when no
business is before the Assembly, and can be amended as to the time
and duration of the recess. It yields only to a motion to adjourn.
To Lay on the Table
86. A motion to lay on the table is not debatable and may not be
amended.
A motion to table a bill, constitutional amendment, or concurrent
or joint resolution is adopted by an affirmative recorded vote of 41
or more Members.
Any motion to lay on the table, if carried by 41 or more votes,
carries with it the main question and everything that adheres to it,
except that a motion to lay an amendment on the table, if adopted,
does not carry with it a bill, constitutional amendment, or
concurrent, joint, or house resolution.
A motion to lay an amendment on the table is adopted by a majority
vote of the Members present and voting.
A motion to lay on the table may not be applied with respect to
reconsideration.
The Previous Question
87. The previous question shall be put only when demanded by five
Members, and its effect, when sustained by a majority vote of the
Members present and voting, shall be to put an end to all debate and
bring the Assembly to a vote only on the question then pending,
except that the proponent of the matter pending shall be allowed not
more than five minutes to close the debate.
Motion to Set Special Order
88. A motion to set any matter before the Assembly as a special
order of business is adopted by an affirmative recorded vote of 54 or
more members. The motion is debatable only as to the propriety of
setting the main question as a special order of business, and may be
amended only as to the time.
Motion to Postpone to a Time Certain
89. A motion to postpone to a time certain is deemed and treated
as a motion to set as a special order.
Motion to Postpone Indefinitely
90. The making of a motion to postpone indefinitely any bill,
motion, or amendment opens the main question to debate. If the motion
to postpone indefinitely prevails by an affirmative recorded vote of
41 or more Members, the main question may not be acted upon again
during the session.
Motion to Amend
91. A motion to amend may itself be amended, but an "amendment to
an amendment" may not be amended. A motion to substitute is deemed
to be a motion to amend and is considered the same as an amendment.
Only one substitute is in order when an amendment is pending. A
motion to amend or to substitute is debatable, except where the main
question to be amended is not debatable. Any motion to amend may be
adopted by a majority vote of the Members present and voting.
A motion to amend that is decided in the negative is not again in
order on the same day, or at the same stage of proceeding. The fact
that a motion to amend by striking out certain words is decided in
the negative does not preclude a motion to amend by adding words, or
a motion to amend by striking out and inserting words, except that in
no case may a further amendment be substantially the same as the one
rejected.
Subject to the above provisions of this rule and Rule 69, a motion
to amend is in order during the second or third reading of any bill.
Amendment To Be Germane
92. An amendment to any bill, other than a bill stating
legislative intent to make necessary statutory changes to implement
the Budget Bill, whether reported by a committee or offered by a
Member, is not in order when the amendment relates to a different
subject than, is intended to accomplish a different purpose than, or
requires a title essentially different than, the original bill.
A motion or proposition on a subject different from that under
consideration may not be admitted as an amendment.
An amendment is not in order that changes the original number of
any bill.
A Member may not be added or deleted as an author or coauthor of a
bill or resolution without his or her consent.
Consideration of Motions
93. A motion, whether oral or written, may not be adopted until
it is seconded and distinctly stated to the Assembly by the Speaker.
Motions in Writing
94. Upon request of the Speaker, all motions shall be reduced to
writing and shall be read to the Assembly by the Speaker before being
acted upon.
Withdrawal of Motions
95. After a motion is stated by the Speaker, or a bill,
resolution, or petition is read by the Chief Clerk, it is in the
possession of the Assembly.
Motion to Withdraw or Re-refer Bills
96. (a) A motion to withdraw a bill or resolution from committee,
or to re-refer a bill or resolution from one committee to another
committee, may be made during the regular order of business. A motion
to re-refer may be debated only as to the propriety of the
reference, and shall require an affirmative recorded vote of 41 or
more Members.
(b) A bill or resolution may not be withdrawn from committee and
placed upon the file, unless a motion to withdraw has been heard by,
and has been approved by a majority vote of, the Committee on Rules.
This subdivision does not apply to a bill in a fiscal committee
that has been amended so as not
to require its reference to a fiscal committee, as indicated by the
Legislative Counsel's Digest.
(c) A motion to continue a motion to withdraw a bill or resolution
from committee requires a majority of those members present and
voting. A motion to withdraw a motion to withdraw is not in order.
Re-reference of Measures on File
97. A motion to re-refer a bill or resolution that is on the
Assembly Daily File to committee may be made during the regular order
of business. The motion is debatable only as to the propriety of
that reference and shall require an affirmative recorded vote of 41
or more Members.
Bills Stricken From File
98. A motion to strike from the file any bill or resolution
requires an affirmative recorded vote of 41 or more Members. That
bill or resolution may not be acted upon again during the session.
Motion to Rescind Action or Expunge Record
99. Previous to the approval of the Journal by the Assembly, any
action may be rescinded and its record ordered expunged by the
affirmative recorded vote sufficient to take that action originally,
except that an action may not be rescinded and the record expunged by
a vote less than an affirmative recorded vote of 41 or more Members.
A motion to rescind the action and expunge the record may not be
made twice on the same proposition.
A motion to rescind is not in order on any matter upon which a
vote to reconsider has previously been taken in the Assembly.
Whenever any action of the Assembly is rescinded and its record
ordered expunged, the record of the action expunged may not appear in
any form whatsoever, except that the record of the proceedings on
the motion to rescind and expunge shall appear in the Journal as and
when printed.
Reconsideration of Vote
100. (a) A motion to reconsider a vote on the next legislative
day shall be made on the same day the vote to be reconsidered was
taken. A motion to reconsider may not be adopted unless it receives
an affirmative recorded vote of 41 or more Members. A motion to
reconsider may be voted on without a second.
A motion to reconsider a vote shall be made by a Member voting on
the question, and takes precedence over all motions, except a motion
to adjourn. Upon that motion being made, the matter to be
reconsidered forthwith shall be placed upon the unfinished business
file, and further action may not be taken prior to the next
legislative day. When a motion to reconsider has once been made, the
motion is the property of the Assembly. When reconsideration is
granted, the matter to be reconsidered shall be before the Assembly
in the same status it had prior to the vote being reconsidered.
(b) (1) Interim Study Recess:
No motion to reconsider the vote whereby amendments are concurred
in on Assembly bills, the vote whereby a Senate bill is passed and
returned to the Senate, or the vote whereby a conference committee
report is adopted is in order on the last two legislative days
preceding the interim study recess.
A motion to reconsider the vote whereby amendments are refused
concurrence on Assembly bills, the vote whereby Senate bills are
refused passage, or the vote whereby a conference committee report is
refused adoption is in order on the last legislative day preceding
the interim study recess. The motion may be taken up before the end
of that legislative day.
As used in this paragraph, "bill" does not include a joint or
concurrent resolution.
(2) January 31--Even-numbered Year:
A motion to reconsider the vote whereby an Assembly bill is passed
to the Senate is not in order on the last two legislative days
preceding January 31 of the even-numbered year.
A motion to reconsider the vote whereby an Assembly bill is
refused passage on its third reading is in order on the last
legislative day preceding January 31 of the even-numbered year. The
motion must be taken up before the end of that legislative day.
As used in this paragraph, "bill" does not include a Senate bill,
a constitutional amendment, or a joint or concurrent resolution.
(3) Spring or Summer Recess:
A motion to reconsider the vote whereby a bill is passed is not in
order on the last two legislative days preceding the Spring or
Summer Recess as established by the Joint Rules of the Senate and
Assembly.
(4) Deadline for Passage by House:
A motion to reconsider the vote whereby an Assembly bill is passed
to the Senate is not in order on the last two legislative days
preceding the last day for the Assembly to pass a bill introduced in
the Assembly, as set forth in the Joint Rules of the Senate and the
Assembly.
As used in this paragraph, "bill" does not include a Senate bill,
a constitutional amendment, or a joint or concurrent resolution.
(5) Final Recess:
A motion to reconsider the vote whereby a bill is passed is not in
order on the last two legislative days preceding the final recess.
A motion to reconsider the vote whereby a bill is defeated is in
order on the day of the final recess. The motion must be taken up
before the end of that legislative day.
(c) Any Member voting on any matter may move to take up on the
same day the motion, previously made by another Member, to reconsider
the vote on that matter. A motion to take up on the same day a
motion to reconsider the vote on a bill requires an affirmative
recorded vote of at least 41 Members. A motion to take up on the same
day a motion to reconsider the vote on any motion, amendment,
Assembly resolution, or proposition other than a bill requires an
affirmative vote of a majority vote of the Members present and
voting. The motion to take up the reconsideration on the same day
takes precedence over the motion to reconsider and, upon demand of
any Member, the motion to take up the reconsideration on the same day
shall be put to an immediate vote. If the motion to take up the
reconsideration on the same day is adopted, the motion to reconsider
is the next order of business before the Assembly.
(d) A second motion to reconsider the same question is not in
order, nor is a motion to reconsider reconsideration in order.
(e) A motion to continue a motion to reconsider requires a
majority vote of those Members present and voting.
Call of Assembly
101. After the roll has been called, and prior to the
announcement of the vote, any Member may move a call of the Assembly.
The Members present may order a call of the Assembly by a majority
vote of the Members present and voting, and the Speaker shall
immediately order the Sergeant at Arms to lock all doors and direct
the Chief Clerk to prepare a list of absentees as disclosed by the
last roll call. The list of absentees shall be furnished to the
Sergeant at Arms, whereupon no Members shall be permitted to leave
the Assembly Chamber except by written permission of the Speaker, and
a person may not be permitted to enter except Members, Senators, or
officers, or employees of the Legislature in the official performance
of their duties.
Each Member who is found to be absent, and for whom a leave of
absence has not been granted, shall be forthwith taken into custody
wherever found by the Sergeant at Arms, his or her assistants, or any
person designated by the Sergeant at Arms, including members of the
California Highway Patrol, and sheriffs or their deputies, and
brought to the Assembly Chamber.
A recess or adjournment may not be taken during a call of the
Assembly. Additional business may be conducted and calls placed
regardless of the number of calls in effect. A call of the Assembly
may be dispensed with at any time upon a majority vote of the Members
present, that action to become effective upon the completion of the
roll call and the announcement of the vote upon the matter for which
the call was ordered, unless, prior to the announcement of the vote,
the call is continued by a majority vote of the Members present.
Division of Question
102. Any Member may call for a division of the question, and the
Speaker shall order the question divided if it comprehends
propositions in substance so distinct that, one being taken away, a
substantive proposition would remain for the decision of the
Assembly. This rule does not apply to an individual bill or
resolution.
B. Voting
Members Voting
104. Every Member in the Assembly Chamber when a roll call is
required shall record his or her vote openly and without debate,
unless the Assembly excuses that member by a majority vote of the
Members present and voting.
A Member may not operate the voting switch of any other Member,
except that a Member presiding at the time of a roll call, who is not
the Speaker or the Speaker pro Tempore, may direct another Member on
the floor to operate the voting switch of the presiding Member, and
any Member so presiding, including the Speaker and the Speaker pro
Tempore, may also operate the voting switches at the rostrum of the
Speaker and the Speaker pro Tempore, at their direction.
The name of any Member who refuses to vote as required by this
rule, after being requested by the Speaker to do so, shall be entered
in the Journal, together with a statement that he or she was present
and did so refuse to vote. Any Member who refuses so to vote may, if
he or she so desires, and immediately after the announcement of the
vote, submit a written explanation of the failure to vote and that
explanation shall be printed in the Journal, provided that no
explanation may exceed 50 words in length.
In addition to the entry of his or her name in the Journal, any
Member who refuses so to vote when required, and who has not been
excused from doing so, may, immediately after the announcement of the
vote, at the discretion of the Speaker or upon demand of any Member,
be summoned to appear before the bar of the Assembly for public
censure by the Speaker or by any Member designated by the Speaker.
Censure of a Member as provided by this rule does not constitute a
bar to proceedings for his or her expulsion from the Assembly
pursuant to Section 5 of Article IV of the California Constitution.
A Member may submit a written explanation of his or her vote on
any bill or house resolution, and that explanation shall be printed
in the Journal immediately following the vote, provided that no
explanation may exceed 50 words in length.
A Member, prior to adjournment on the same legislative day, in the
absence of any objection, may instruct the Chief Clerk to add his or
her vote to any previously announced vote that had been taken during
his or her absence, so long as the outcome of the vote is not
thereby changed. The Chief Clerk shall record any vote additions or
vote changes in the order signed by the Members at the Clerk's desk.
Ayes and Noes
105. The ayes and noes shall be recorded by the electrical voting
system on the final passage of all bills, when an affirmative
recorded vote of 41 Members or any vote above that number is
required, when demanded by three Members, or when ordered by the
Speaker. The names of the Members so voting shall be entered in the
Journal.
Voting and Vote Changes
106. When once begun, voting may not be interrupted, except that,
before the vote is announced, any Member may have the total pending
vote flashed on the visible vote recorder. Prior to the announcement
of the vote, the presiding officer shall instruct the Chief Clerk to
record verbal votes from Members not at their desks. Any Member may
move a call of the Assembly after the completion of the roll. A
Member, prior to adjournment on the same legislative day, and in the
absence of any objection, may instruct the Chief Clerk to change his
or her recorded vote after the vote is announced, so long as the
outcome of the vote is not thereby changed. The Chief Clerk may
record any vote change only after the Member making the change has
announced it to the Assembly.
Tie Vote
107. In case of an equal division, or tie vote, the question
shall be lost.
VII. MEMBERS' DECORUM AND PRIVILEGES
Order in Speaking to Questions
108. When a Member desires to address the Assembly, the Member
shall rise from his or her seat and respectfully address himself or
herself to "Mr. Speaker" or "Madame Speaker." Upon being recognized,
the Member may speak, confining himself or herself to the question
under consideration. When two or more Members rise at the same time,
the Speaker shall designate the Member who is entitled to the floor.
A Member may not speak more than once during the consideration of
any one question on the same day and at the same stage of proceeding,
except that the author of a bill or resolution or the mover of a
question has the right to open and close the debate thereon. A Member
may not be allowed to speak more than five minutes to open and five
minutes to close the debate on any question, including amendments,
and no Member other than the author or the mover of the question may
be allowed to speak more than five minutes thereon. A Member may not
yield to any other Member the time for which he or she is entitled to
speak on any matter.
Rules of Decorum
108.1. (a) In accordance with Rule 10, Members of the Assembly
shall conduct themselves in accordance with the rules of decorum
specified in Sections 120 to 126, inclusive, of Mason's Manual of
Legislative Procedure.
(b) Notwithstanding subdivision (a), the Committee on Rules may
adopt additional rules of decorum by majority vote of the membership
of the committee.
Motions
109. When a Member desires to make a motion, the Member shall
obtain recognition as provided in Rule 108. Upon being recognized,
the Member shall open by stating his or her motion, except in the
case of a nomination, and in any other case may not speak to the
merits of the motion at that time, but shall confine his or her
remarks to those necessary to explain the motion. If the motion is in
order and is seconded, it shall be stated to the Assembly by the
Speaker. If the motion is debated, the Member who made it shall then
be entitled to recognition to open the debate on the motion.
When a Member obtains the floor during debate upon any question
that is pending before the Assembly and addresses the Assembly
regarding the merits of the pending question, the Member may not be
permitted to conclude his or her debate by making any motion or by
demanding the previous question.
Leave of Absence
110. A Member may not absent himself or herself from attendance
at any session of the Assembly without leave of the Assembly. A
Member may not obtain that leave of absence or be excused for
nonattendance except by a vote of 54 or more Members or by unanimous
consent. A Member who obtains a leave of absence for personal
business, or is excused for nonattendance for personal business,
thereby waives his or her per diem allowance for attendance upon any
session of the Legislature for which he or she secures that leave of
absence or excuse. A Member may not obtain a leave of absence for
legislative business or be excused for nonattendance for legislative
business unless the Member has filed with the Speaker a statement of
the legislative business for which he or she seeks that leave of
absence or excuse. That statement shall be printed in the Journal.
If a Member is not recorded on the attendance roll within 30
minutes after the scheduled start of the session, the Member shall
stand up before the Assembly and explain the reason he or she is late
before he or she is recorded on the roll call for any vote. If a
Member does not explain his or her reason for being late, any other
Member may raise a point of order under this rule, whereupon the
tardy Member's vote may not be recorded until an explanation is made.
Personal Privilege
111. Any Member may rise to explain a matter of personal
privilege. A matter of personal privilege is a matter involving the
Member's integrity, dignity, or honor. Upon rising to explain such a
matter, the Member forthwith shall be recognized by the Speaker, but
may not discuss a question in that explanation. Matters of personal
privilege yield only to a motion to recess or adjourn.
Objection to Reading of Any Paper
112. Any Member, upon recognition by the Speaker, may object to
the reading of any paper before the Assembly. When that objection is
made, the question of reading shall be determined without debate by a
majority vote of the Members present and voting, upon a brief
statement by the Speaker of the substance of the objection.
Members at Chief Clerk's Desk
113. A Member or other person may not be allowed at the Chief
Clerk's desk while the ayes and noes are being recorded or the votes
counted.
Members Called to Order for Transgressing Rules
114. If any Member transgresses the Rules of the Assembly, the
Speaker shall, or any Member may, call the offending Member to order.
The Member so called to order immediately shall take his or her
seat, until the Speaker, without debate, has determined whether the
Member is in order. That decision by the Speaker shall be subject to
an appeal to the Assembly.
If any Member is called to order for offensive words spoken in
debate, the person calling him or her to order shall state to the
Assembly the words to which exception is taken. No Member may be held
to answer, or be subject to censure by the Assembly, for language
used in debate if other business has been transacted by the Assembly
prior to exception being taken to the words spoken.
VIII. MISCELLANEOUS
Committee of the Whole
115. The Assembly may resolve itself into a Committee of the
Whole at any time by a majority vote of the Members present and
voting. While sitting as that committee, persons other than Members
may address the committee. The Speaker of the Assembly, or any Member
named by the Speaker, shall preside as Chairperson of the Committee
of the Whole.
A motion that the Committee of the Whole "do now rise and report
back to the Assembly," shall always be in order and shall be decided
without debate. All actions of the Committee of the Whole shall be
reported to the Assembly by the chairperson, but may not be entered
in the Journal except upon motion and a majority vote of the Members
present and voting.
Use of Assembly Chamber
116. The Assembly Chamber may not be used for any public or
private business, other than legislative matters, except upon
approval of the Speaker or the Chair of the Committee on Rules.
Use of Assembly Facilities: Smoking
117. The smoking of tobacco products is prohibited within any
building, or portion of a building, occupied or used by Assembly
Members or employees if the building or portion of the building is
under the jurisdiction or control of the Assembly. This smoking
prohibition shall apply to any outdoor area within five feet of an
entrance or exit to any building or portion of a building subject to
this rule. This smoking prohibition shall apply to the Assembly
Chamber, Assembly hearing rooms, and Assembly offices, and to
hallways, stairways, and bathrooms within any building or portion of
a building subject to this rule.
Telephones and Text Messages
117.5. While on the floor of the Assembly during any session of
the Assembly, or while serving on a committee during any hearing of
that committee, a Member may not do either of the following:
(a) Use a cellular telephone to make or receive calls.
(b) Send text messages to, or receive text messages from, any
lobbyist.
Meeting of the Assembly: Firearms
117.7. A person, except a peace officer acting within the scope
of his or her employment, may not carry or possess a firearm on the
floor of the Assembly during any session of the Assembly or in a
committee hearing room during any meeting of a committee or
subcommittee.
Persons Admitted to Floor of the Assembly
118. A person other than Members of the Legislature, officers,
employees of the Legislature, accredited members of the press, and
guests may not be admitted to the floor of the Assembly during any
session of the Assembly. A guest of any Member may be admitted only
upon presentation of a guest card of the Member countersigned by the
Speaker. A guest card is valid only on the legislative day for which
it is issued. A lobbyist, as defined by Section 82039 of the
Government Code, may not, under any circumstances, be admitted to the
Assembly Chamber while the Assembly is in session.
Persons admitted to the Assembly Chamber, other than Members, may
not be permitted to stand in the lobby in the rear of the Assembly
Chamber while the Assembly is in session, but shall be required to
occupy the seats provided for them.
Guests may be seated only in the chairs in the back of the rail in
the rear of the Assembly Chamber, and may not be permitted to sit at
the desks of the Members. No person other than an accredited
newspaper representative may be permitted to sit at the press desks.
A special section in the balcony may be reserved for those holding
guest cards. Neither any person mentioned in this rule nor any other
person, except a Member of the Legislature, may engage in influencing
the passage or defeat of legislation in the Assembly Chamber.
A person other than a Member of the Legislature, the Sergeant at
Arms or his or her assistants, the Chief Clerk or his or her
assistants, or the Legislative Counsel or his or her representatives,
may not be permitted in the area of the floor of the chamber which
is occupied by the desks of the Members.
Floor Attire
118.1. Notwithstanding any other provision of these Rules,
Members of the Legislature, officers or employees of the Legislature,
accredited members of the press, or any other persons may be
restricted from admission to the floor of the Assembly during any
session if they are inappropriately attired. The Committee on Rules
may, as necessary, adopt policies to implement this rule.
Qualifications and Elections of Members
119. An affirmative vote of 41 or more Members shall be required
to determine the qualifications and election of any Member pursuant
to Section 5 of Article IV of the California Constitution. A motion
to disqualify a Member is not in order at the convening of a
legislative session until a Speaker has been elected in accordance
with Section 9023 of the Government Code.
Compensation and Expenses of Member Convicted of Felony
120. If a Member of the Assembly is convicted of a felony by a
superior court, his or her right to further compensation or expenses
is thereupon suspended, and his or her membership on any committee is
thereupon suspended. If the conviction becomes final, the right of
the Member to further compensation or expenses shall terminate and
any compensation or expenses withheld shall be forfeited to the
state. If the conviction is reversed by an appellate court or a
motion for a new trial is granted, and the Member is thereafter found
not guilty or the charges against him or her are dismissed, the
amounts of the withheld compensation or expenses shall be paid to the
Member and the suspension of his or her committee membership shall
terminate.
Whenever a Member is convicted of a felony in the superior court,
the Committee on Rules shall give written notice thereof to the
Controller, directing him or her to discontinue any further payments
to the Member unless and until the Committee on Rules notifies the
Controller that the Member has been found not guilty or that the
charges against him or her are dismissed. The Controller may not draw
any warrant payable to that Member except as provided in this rule.
The Seal of the Assembly
121. The Seal of the Assembly may be used only by or on behalf of
a Member of the Assembly, or when specifically authorized by the
Committee on Rules.
Agency Reports: Electronic Copies
122. Pursuant to Section 9795 of the Government Code, any report
required or requested by law to be submitted by a state or local
agency to the Members, or to the Legislature generally, shall be
submitted as an electronic copy to the Chief Clerk.
