Senate Resolution No. 4

Introduced by Senator Steinberg

December 3, 2012

Senate Resolution No. 4—Relative to the Standing Rules of the Senate for the 2013–14 Regular Session.

Resolved by the Senate of the State of California, That the
following rules be, and the same are hereby adopted as, the
Standing Rules of the Senate for the 2013-14 Regular Session:

STANDING RULES OF THE SENATE

Convening and Sessions

Hours of Meeting

1. The Senate shall meet at 9:00 a.m. daily, except Saturdays
and Sundays, unless otherwise ordered by the Senate.

Calling to Order

2. The President pro Tempore, Vice Chair of the Committee
on Rules, or senior member present shall call the Senate to order
at the hour stated and, if a quorum is present, shall proceed with
the order of business.

Attendance of Senators

3. No Senator may absent himself or herself from attendance
upon the Senate without first obtaining leave. A lesser number
than a quorum of the Senate is authorized to send the Sergeant at
Arms for any and all absent Senators at the expense of the absent
Senators, unless an excuse for nonattendance made to the Senate
when a quorum is present shall be judged sufficient, and in that
case the expense shall be paid out of the Senate Operating Fund.
The President pro Tempore, or less than a quorum present, shall
have the power to issue process directly to the Sergeant at Arms
to compel the attendance of Senators absent without leave. Any
Senator who refuses to obey that process, unless sick or unable to
attend, shall be deemed guilty of contempt of the Senate, and the
Sergeant at Arms shall have power to use force as may be necessary
to compel the attendance of the absent Senator, and for this purpose
he or she may command the force of the county, or of any county
in the state.

Order of Business

4. The order of business shall be as follows:

   (1) Rollcall.

   (2) Prayer by the Chaplain.

   (3) Pledge of Allegiance.

   (4) Privileges of the Floor.

   (5) Communications and Petitions.

   (6) Messages from the Governor.

   (7) Messages from the Assembly.

   (8) Reports of Committees.

   (9) Motions, Resolutions and Notices.

  
(10) Introduction and First Reading of Bills.

  
(11) Consideration of Daily File:

       (a) Second Reading.

       (b) Special Orders.

       (c) Unfinished Business.

       (d) Third Reading.

  
(12) Announcement of Committee Meetings.

  
(13) Leaves of Absence.

  
(14) Adjournment.

Executive Sessions

5. When a motion is adopted to close the doors of the Senate,
on the discussion of any business that may require an executive
session, he or she who is presiding shall require all persons, except
the Senators, Secretary, Minute Clerk, and Sergeant at Arms, to
withdraw, and during the discussion of that business the doors
shall remain closed. Every Senator and officer present shall keep
secret all matters and proceedings concerning which secrecy shall
be enjoined by order of the Senate.

Officers of the Senate

The President

6. The President may preside upon invitation of the Senate.

The President pro Tempore

7. The President pro Tempore shall take the Chair and call the
Senate to order at the hour of the meetings of the Senate. The
President pro Tempore is the Presiding Officer of the Senate.

It shall be the particular responsibility of the President pro
Tempore to secure the prompt and businesslike disposition of bills
and other business before the Senate. He or she shall maintain
order in the Senate Chamber and, in case of a disturbance or
disorderly conduct outside the bar or in the gallery, he or she shall
have the power to order the same cleared.

The President pro Tempore shall serve ex officio as a member
of all Senate and joint committees of which he or she is not a
regular member, with all of the rights and privileges of that
membership except the right to vote. In counting a quorum of any
of these committees, the President pro Tempore may not be counted
as a member.

The Vice Chair of the Committee on Rules shall, in the absence
of the President pro Tempore, perform the duties, and have all
powers and authority, of the President pro Tempore.

Presiding by Senators

8. The President pro Tempore of the Senate may name a Senator
to perform the duties of the Chair in his or her absence. The Senator
so named shall be vested, during that time on the floor, with all
the powers of the President pro Tempore, and the Senator who
performs these duties shall be known as the Presiding Officer.

In the absence of the President pro Tempore or the Vice Chair
of the Committee on Rules, any Senator may perform the duties
of the Chair.

Secretary of the Senate

9. It shall be the duty of the Secretary of the Senate to attend
every session, call the roll, and read all bills, amendments, and
resolutions, and all papers ordered read by the Senate or the
Presiding Officer.

The Secretary of the Senate shall superintend all printing to be
done for the Senate.

The Secretary of the Senate shall certify to, and transmit to, the
Assembly all bills, joint and concurrent resolutions, constitutional
amendments, and papers requiring the concurrence of the
Assembly, after their passage or adoption by the Senate.

The Secretary of the Senate shall also keep a correct Journal of
the proceedings of the Senate, and shall notify the Assembly of
the action by the Senate on all matters originating in the Assembly
and requiring action on the part of the Senate.

The Secretary of the Senate shall have custody of all bills,
documents, papers, and records of the Senate and may not permit
any of the bills, documents, records, or papers to be taken from
the Desk or out of his or her custody by any person, except in the
regular course of the business of the Senate.

The Secretary of the Senate is the Executive Officer of the
Committee on Rules and shall act as its authorized representative
in all matters delegated to him or her by the committee.

Initiative measures received by the Secretary of the Senate in
accordance with Section 9034 of the Elections Code shall be
transmitted to the Committee on Rules and referred by the
Committee on Rules to the appropriate committee.

Sergeant at Arms of the Senate

10. The Sergeant at Arms shall attend the Senate during all of
its sittings, and shall execute the commands of the Senate from
time to time, together with all process issued by its authority, as
shall be directed to him or her by the President. The Sergeant at
Arms is authorized to arrest for contempt all persons outside the
bar, or in the gallery, found in loud conversation or otherwise
making a noise to the disturbance of the Senate. The actual
expenses for the Sergeant at Arms for every arrest and for each
day’s custody and release, and his or her traveling expenses, shall
be paid out of the Senate Operating Fund.

The Sergeant at Arms shall place copies of all bills, joint and
concurrent resolutions, constitutional amendments, Journals,
Histories, and Files, when printed, on the desks of Senators, at
least one hour previous to the opening of the session. If printed
copies are not available, electronic copies will suffice for purposes
of this rule.

Elected and Appointed Officers

10.5. On the first day of each session, the President pro
Tempore, members of the Committee on Rules, Secretary of the
Senate, and Sergeant at Arms shall be elected by a majority vote
of the duly elected and qualified Members of the Senate and shall
serve until their successors are elected and qualify. The Committee
on Rules shall appoint an Assistant Secretary, a Minute Clerk, a
Chaplain, and other employees with such duties as the committee
requires.

Officers and Employees Compensation: Approval

10.6. The Controller is hereby authorized and directed to draw
his or her warrants in favor of officers and employees who render
services to the Senate, as certified by the Committee on Rules or
by its authorized representative, from the fund set aside for the
pay of officers and employees of the Senate at the rate of
compensation certified by the committee or its representative, and
the Treasurer is hereby directed to pay the same.

Committees of the Senate

Appointment of Committees

11. The Committee on Rules shall consist of the President pro
Tempore of the Senate, who shall be the chair of the committee,
and four other Members of the Senate to be elected by the Senate.
There is a vacancy on the committee in the event a member ceases
to be a Member of the Senate or resigns from the Committee on
Rules. Any vacancy occurring during a summer, interim study, or
final recess, except in the case of the President pro Tempore, shall
be filled by the remaining members of the Committee on Rules.
A vacancy occurring at any other time shall be filled by election
by the Senate.

The Committee on Rules shall appoint all other committees of
the Senate and shall designate a chair and vice chair of each
committee.

In making committee appointments, the Committee on Rules
shall give consideration to seniority, preference, and experience.
However, in making committee appointments, the Committee on
Rules shall, as far as practicable, give equal representation to all
parts of the state.

Standing Committees

12. The standing committees of the Senate and subjects to be
referred to each are set out below. The provisions set forth below
as to the assignment of bills are intended as a guide to the
Committee on Rules, but are not binding upon the committee.

(1) Agriculture, 7 members. Bills relating to agriculture.

(2) Appropriations, 9 members. Bills that are subject to Joint
Rule 10.5 and are not referred to the Committee on Budget and
Fiscal Review. Bills that would impose a state-mandated local
program.

(3) Banking and Financial Institutions, 7 members. Bills relating
to financial institutions, corporations, and retail credit interest
rates.

(4) Budget and Fiscal Review, 16 members. The Budget Bill
and bills implementing the Budget. Bills that directly affect the
State Budget, including deficiencies and reappropriations.

(5) Business, Professions and Economic Development, 9
members. Bills relating to business and professional practices,
licensing, and regulations other than bills relating to horse racing,
alcoholic beverages, oil, mining, geothermal, and forestry
industries. Bills relating to economic development, commerce,
and international trade.

(6) Education, 11 members. Bills relating to education, higher
education, and certificated educational personnel.

(7) Elections and Constitutional Amendments, 5 members. Bills
relating to elections. Bills relating to constitutional amendments,
when favorably reported out of the standing committee having
jurisdiction of the subject matter.

(8) Energy, Utilities and Communications, 11 members. Bills
relating to public utilities and carriers, energy companies,
alternative energy development and conservation, and
communications development and technology.

(9) Environmental Quality, 7 members. Bills relating to
environmental quality, air quality, water quality, integrated waste
management, recycling, toxics, and hazardous waste.

(10) Governance and Finance, 9 members. Bills relating to local
government procedure, realignment, and budget reform. Bills
relating to state and local revenue and taxation.

(11) Governmental Organization, 13 members. Bills relating to
horse racing, public gaming, and alcoholic beverages, bills related
to the management of public safety emergencies and disaster
response, and bills regarding the use of state-controlled lands and
buildings, state publishing, seals, bonds, and interstate compacts.

(12) Health, 9 members. Bills relating to public health, alcohol
and drug abuse, mental health, health insurance and managed care,
and related institutions.

(13) Human Services, 7 members. Bills relating to welfare,
social programs and services, and related institutions.

(14) Insurance, 8 members. Bills relating to insurance,
indemnity, surety, and warranty agreements.

(15) Judiciary, 5 members. Bills amending the following:

(a) Civil Code, except measures related to retail credit interest
rates.

(b) Code of Civil Procedure.

(c) Evidence Code, except matters relating to criminal procedure.

(d) Family Code.

(e) Probate Code.

(f) Bills relating to municipal and state court judgeships, court
attachés, and personnel. Bills relating to liens, claims, and
unclaimed property, collections, and franchises.

(16) Labor and Industrial Relations, 7 members. Bills relating
to labor, industrial safety, unemployment, workers’ compensation
and insurance, and noncertificated public school employees.

(17) Natural Resources and Water, 9 members. Bills relating to
conservation and the management of public resources, fish and
wildlife, regulation of oil, mining, geothermal development, acid
deposition, wetlands and lakes, global atmospheric effects, ocean
and bay pollution, coastal resources, forestry practices, recreation,
parks, and historical resources. Bills relating to water supply
management.

(18) Public Employment and Retirement, 5 members. Bills
relating to state and local nonschool public employees and public
employee retirement.

(19) Public Safety, 7 members. Bills amending the following:

(a) Evidence Code, relating to criminal procedure.

(b) Penal Code.

(c) Statutes of a penal nature not related closely to a subject
included in another subdivision of this rule.

(d) Bills relating to the Department of Corrections and
Rehabilitation.

(20) Rules, 5 members. Proposed amendments to the rules and
other matters relating to the business of the Legislature.

(21) Transportation and Housing, 9 members. Bills relating to
the operation, safety, equipment, transfer of ownership, licensing,
and registration of vehicles, aircraft, and vessels. Bills relating to
the Department of Transportation and the Department of Motor
Vehicles. Bills relating to waterways, harbors, highways, public
transportation systems, and airports. Bills relating to housing and
community redevelopment.

(22) Veterans Affairs, 7 members. Bills relating to veterans,
military affairs, and armories. Bills amending the Military and
Veterans Code.

The standing committees of any regular session shall be the
standing committees of concurrent special or extraordinary sessions
unless otherwise ordered by the Senate.

Committee on Legislative Ethics

12.3. (a) (1) The Committee on Legislative Ethics is hereby
created. The committee shall be appointed by the Committee on
Rules and shall consist of six Senators, at least two of whom are
members of the political party having the greatest number of
members in the Senate and at least two of whom are members of
the political party having the second greatest number of members
in the Senate. The members of the committee shall serve two-year
terms. The President pro Tempore and the Minority Floor Leader
shall serve as ex officio, nonvoting members of the committee.

(2) The Committee on Rules shall select a Chair and a Vice
Chair, who may not be members of the same political party. The
Chair may not serve more than two consecutive two-year terms,
and the Committee on Rules shall select a successor who is not a
member of the same political party as the immediately previous
Chair.

(3) Vacancies in the committee shall be filled within 30 days
by the Committee on Rules for the remainder of a term.

(4) If a complaint is filed against a member of the committee,
the Committee on Rules shall temporarily replace the member
with a Senator of the same political party, who shall serve until
the complaint is dismissed by the committee or the Senate takes
action as it deems appropriate, whichever occurs earlier.

(5) The Committee on Rules, upon the recommendation of the
Committee on Legislative Ethics, shall appoint a Chief Counsel
to assist the committee in carrying out its functions. The staff of
the committee shall be considered permanent and professional,
and shall perform their duties in a nonpartisan manner. No staff
of the committee may engage in partisan activities regarding a
Senate election campaign. The committee may retain independent
counsel when necessary for specific investigations.

(b) The committee shall do all of the following:

(1) The committee shall formulate and recommend, for adoption
by the Senate, standards of conduct for Senators and officers and
employees of the Senate in the performance of their legislative
responsibilities. The Ethics Manual for Members, Officers, and
Employees of the United States House of Representatives, as
prepared by the Staff of the Committee on Standards of Official
Conduct, 102nd Congress Second Session (United States
Government Printing Office, Washington, 1992), the Code of
Ethics (Article 2 (commencing with Section 8920) of Chapter 1
of Part 1 of Division 2 of Title 2 of the Government Code), and
Joint Rule 44 shall serve as guides in the formulation of the
standards of conduct.

(2) At the request of any Senator or officer or employee of the
Senate, the committee shall provide an advisory opinion with
respect to the standards of conduct of the Senate on the general
propriety of past, current, or anticipated conduct of that Senator,
officer, or employee. The opinion shall be rendered within 21 days
unless the Chair and Vice Chair agree otherwise. The committee
may, with appropriate deletions to ensure the privacy of the
individuals concerned, publish the advisory opinions for the
guidance of other Senators, officers, or employees.

(3) The committee shall develop, issue, and annually update a
clear, informative, and usable manual for the Senate based on the
standards of conduct adopted by the Senate, including any advisory
opinions published pursuant to paragraph (2).

(4) The committee shall conduct periodic workshops, at least
once each calendar year, for Senators and officers and employees
of the Senate, including workshops specifically designed for newly
elected Senators and newly appointed officers and employees. At
least once in each biennial session, each Senator, and each officer
or employee of the Senate who is a designated employee under
the Senate Conflict of Interest Code, shall attend one of these
workshops. The workshops shall include, but not be limited to, a
comprehensive review of all applicable statutes and Senate rules.

(5) After adoption by the Senate of the standards of conduct,
the committee shall receive and review complaints alleging
violations of the standards of conduct by Senators, or officers or
employees of the Senate, in accordance with the procedures
specified in subdivisions (c) to (s), inclusive.

(6) The committee shall maintain a record of its investigations,
hearings, and other proceedings. All records, complaints,
documents, and reports filed with, submitted to, or made by the
committee, and all records and transcripts of any investigations or
hearings of the committee shall be confidential and may not be
open to inspection by any person other than a member of the
committee or the staff of the committee, except as otherwise
specifically provided for in this rule. Any member of the committee
or any person on the staff of the committee who discloses any
record, complaint, document, report, or transcript that is
confidential shall be subject to discipline. The committee may, by
a majority vote of the membership of the committee, authorize the
release of any records, complaints, documents, reports, and
transcripts in its possession to the appropriate enforcement agency
if the committee determines that there is probable cause to believe
that the violation or violations alleged in the complaint would
constitute a felony or if the committee determines that the
information is material to any matter pending before the
enforcement agency.

(c) (1) Any person may file a complaint with the committee
that alleges a violation of the standards of conduct.

(2) Except as provided in paragraphs (3) and (4), a complaint
may not be filed more than 18 months after the date that the alleged
violation occurred.

(3) If the committee determines that the person filing the
complaint did not know, or through the exercise of reasonable
diligence could not have known, of the alleged violation within
18 months after the date that the alleged violation occurred, the
complaint may be filed within three years after the date that the
alleged violation occurred.

(4) If a complaint is filed within 60 days prior to an election at
which a Senator or officer or employee is a candidate for elective
office, the complaint shall be returned to the person filing the
complaint, and the person shall be informed that the complaint
may be filed with an appropriate enforcement agency and may be
refiled with the committee after the election. The period of time
for filing the complaint shall be extended for 60 days.

(5) A complaint may not be filed if it alleges a violation that
occurred prior to the adoption of the standards of conduct.

(d) A complaint shall satisfy all of the following requirements:

(1) It shall be in writing.

(2) It shall state the name of the person filing the complaint.

(3) It shall state the name of Senator, or the name and position
or title of the officer or employee of the Senate, who is alleged to
have committed a violation of the standards of conduct.

(4) It shall set forth allegations that, if true, would constitute a
violation of the standards of conduct. The allegations shall be
stated with sufficient clarity and detail to enable the committee to
make a finding pursuant to subdivision (h).

(5) It shall state the date of the alleged violation.

(6) It shall include a statement that the allegations are true of
the person’s own knowledge or that the person believes them to
be true, and shall be signed by the person under penalty of perjury.

(e) The committee, on its own motion, two-thirds of the
membership concurring, may initiate a proceeding by filing a
complaint that complies with paragraphs (1) to (5), inclusive, of
subdivision (d).

(f) The committee shall promptly send a copy of a complaint
to the Senator, or officer or employee of the Senate, alleged to
have committed the violation, who shall thereafter be designated
as the respondent.

(g) If a complaint is filed by a person other than the committee,
the Chair and Vice Chair of the committee shall examine the
complaint to determine whether it was filed in accordance with
this rule and any rules of the committee. Within 15 days after the
complaint is filed, the Chair and Vice Chair shall provide to the
committee a copy of the complaint and their opinion as to whether
the allegations in the complaint, if true, would constitute a violation
of the standards of conduct. If the committee, by a two-thirds vote
of its membership, finds that the allegations, if true, would
constitute a violation of the standards of conduct, the committee
shall hold a hearing within 30 days to conduct a preliminary
inquiry. If two-thirds of the membership of the committee fails to
find that the allegations, if true, would constitute a violation of the
standards of conduct, it shall dismiss the complaint and so notify
the person who filed the complaint and the respondent, and the
complaint shall not be made public.

(h) At the preliminary inquiry, the respondent may respond to
the allegations in the complaint by written statement or oral
testimony. If two-thirds of the membership of the committee finds
that probable cause exists for believing that the respondent
committed a violation of the standards of conduct, the committee
shall issue a count-by-count statement of alleged violations. If
two-thirds of the membership of the committee fails to find that
probable cause exists, the committee shall dismiss the complaint.
In either event, the committee shall immediately notify the
respondent and the person who filed the complaint of its action.
If the committee finds that probable cause exists, the statement of
alleged violations shall be made public within seven days.

(i) Within 21 days after the issuance of the statement of alleged
violations, the respondent may file an answer that admits or denies
each count. Upon request of the respondent, the committee may
grant the respondent an additional 21 days to respond.

(j) Within 60 days after the issuance of the statement of alleged
violations, the committee shall hold a disciplinary hearing. If a
majority of the membership of each party on the committee fails
to find that the respondent committed a violation of the standards
of conduct, the committee shall dismiss the complaint. If a majority
of the membership of each party on the committee finds by clear
and convincing evidence that the respondent committed a violation
of the standards of conduct, the committee shall take the following
action:

(1) If the respondent is a Senator, it shall hold a hearing to
determine an appropriate sanction.

(2) If the respondent is an officer or employee, it shall transmit
its findings to the Committee on Rules for appropriate action.

(k) (1) At the hearing to determine an appropriate sanction,
two-thirds of the membership of the committee shall determine
whether the violation is serious or minor.

(2) If the committee determines that a violation is minor or fails
to determine that a violation is serious, two-thirds of the
membership of the committee (A) shall, if it determines that the
violation bears upon the exercise of a right or privilege, recommend
that the Committee on Rules deny or limit that right or privilege
and shall transmit its findings and recommendation to the
Committee on Rules, or (B) shall impose any lesser sanction.
Within 15 days after the imposition of a lesser sanction, the
respondent may appeal the sanction imposed to the Committee on
Rules.

(3) If the committee determines that a violation is serious,
two-thirds of the membership of the committee shall recommend
that the Senate take one or more of the following actions and shall
transmit its findings and recommendation to the Senate:

(A) The denial or limitation of any right or privilege, if the
violation bears upon the exercise of that right or privilege.

(B) A reprimand for a serious violation.

(C) A censure for a more serious violation.

(D) An expulsion for a most serious violation.

(l) The Senate shall, within 15 legislative days after receiving
the findings and recommendation, vote on the recommendation of
the committee. The Senate, by 21 votes, may deny or limit any
right or privilege of, reprimand, or censure the Senator or, by 27
votes, may expel the Senator.

(m) The committee or Senate may defer any action required by
this rule if other proceedings have been commenced on the same
matter.

(n) (1) At all hearings, the Chief Counsel of the committee shall
present the case. All relevant and probative evidence is admissible
unless it is privileged. Witnesses may be called and cross-examined
by the committee and the respondent, and exhibits and other
documents may be entered into the record. The respondent has the
right to be represented by legal counsel or any other person of his
or her choosing.

(2) If the committee receives, at any time, any exculpatory
information relating to the alleged violation, the committee shall
make the information available to the respondent.

(o) If the committee determines that the complaint was filed
with malicious intent, it may request that the Committee on Rules
reimburse the expenses incurred by the respondent.

(p) At any time during the proceedings, the respondent may
admit that he or she committed a violation of the standards of
conduct. If the respondent admits some but not all of the violations
alleged in the complaint or the counts set forth in the statement of
alleged violations, the committee shall find that the admitted
violations constituted a violation of the standards of conduct and
may continue the proceedings to determine whether the other
alleged violations constituted violations of the standards of conduct.
If the respondent admits to all alleged violations, the committee
shall find that the admitted violations constituted a violation of
the standards of conduct, terminate the preliminary inquiry or
disciplinary hearing, and take the action required by paragraph (1)
or (2) of subdivision (j).

(q) Meetings of the committee may not be open to the public
until the committee finds that probable cause exists for believing
that the respondent committed a violation of the standards of
conduct. Subsequent meetings of the committee or Senate shall
be public, and notice of any meeting shall be published in the
Senate File for four calendar days prior to the meeting.

(r) If the committee finds that probable cause exists for believing
that the respondent committed a violation of the standards of
conduct, the transcript of any testimony given, or any documents
admitted into evidence, at a public hearing and any report prepared
by the committee subsequent to that finding that states a final
finding or recommendation shall be open to public inspection.

(s) Upon request of the respondent, the committee may permit
the respondent to inspect, copy, or photograph books, papers,
documents, photographs, or other tangible objects that relate to
the allegations in the complaint. If the committee finds that
probable cause exists for believing that the respondent committed
a violation of the standards of conduct, the committee shall permit
the respondent to inspect, copy, or photograph books, papers,
documents, photographs, or other tangible objects that relate to
the statement of alleged violations.

(t) (1) A Senator or officer or employee of the Senate may not
directly or indirectly use or attempt to use his or her official
authority or influence to intimidate, threaten, coerce, command,
or attempt to intimidate, threaten, coerce, or command any person
for the purpose of interfering with the right of that person to file
a complaint with the committee, testify before, or in any way
cooperate with, the committee or any panel.

(2) For the purpose of paragraph (1), “use of official authority
or influence” includes promising to confer, or conferring, any
benefit; effecting, or threatening to effect, any reprisal; or taking,
or directing others to take, or recommending, processing, or
approving, any personnel action, including, but not limited to,
appointment, promotion, transfer, assignment, performance
evaluation, suspension, or other disciplinary action.

(3) Nothing in this subdivision may be construed to authorize
any person to disclose information the disclosure of which is
otherwise prohibited by law.

(u) The committee may adopt rules governing its proceedings
not inconsistent with this rule. The provisions of Joint Rule 36
relating to investigating committees apply to the committee to the
extent those provisions are consistent with this rule.

(v) The powers and procedures set forth in subdivisions (b) to
(u), inclusive, confer independent authority and may not be limited
or altered by Joint Rule 45.

General Research Committee

12.5.    The General Research Committee is hereby created
pursuant to Section 11 of Article IV of the California Constitution,
which relates to legislative committees. The committee consists
of the 40 Senators, and the President pro Tempore is its chair. 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 General Research Committee may act through
subcommittees appointed by the Senate Committee on Rules. Each
member of the 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 and its members shall have and exercise all of
the rights, duties, and powers conferred upon investigating
committees and their members by the Senate Rules and the Joint
Rules of the Senate and Assembly. However, neither the committee
nor its members may issue a subpoena without the prior approval
of the Committee on Rules. The committee has the following
additional powers and duties:

(a) 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.

(b) 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 established by this rule,
and to direct the sheriff of any county to serve subpoenas, orders,
and other process issued by the committee.

(c) To meet and act at any place within the State of California
and, when authorized in writing by the Committee on Rules to do
so, to meet and act outside the state to carry out its duties.

(d) To report its findings and recommendations to the
Legislature and the people from time to time.

(e) To act during sessions of the Legislature, including any
recess.

(f) 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.

The Committee on Rules may allocate, from time to time, to the
General Research Committee from the Senate Operating Fund
those sums that are necessary to permit the General Research
Committee and the members thereof to carry out the duties imposed
on them. In addition, the Committee on Rules may allocate to any
subcommittee from the Senate Operating Fund those sums that
the Committee on Rules deems necessary to complete the
investigation or study conferred upon that subcommittee.

12.6.    A select committee is a subcommittee of the General
Research Committee. Staff providing services to a select committee
are Senate employees assigned by the Committee on Rules to the
General Research Committee.

(a) A Senator who proposes to establish a select committee shall
submit to the Committee on Rules a written request that includes
all of the following:

(1) A description of the topic to be addressed by the select
committee and a general work plan and timetable, including
hearings, anticipated work product, and staffing needs and other
anticipated resource demands.

(2) A statement by the Senator proposing the select committee
that he or she has discussed his or her plans with the chair of the
standing committee having jurisdiction over the subject matter of
the proposed select committee. The statement shall describe any
objections that chair has to the establishment of the proposed select
committee.

(b) A select committee may be established only by a resolution
adopted by the Committee on Rules that specifies the jurisdiction
of the select committee. In making this decision, the Committee
on Rules shall consider any objections to that action raised by the
chair of a standing committee having jurisdiction over the subject
matter of the proposed select committee.

(c) The Committee on Rules shall appoint the members of a
select committee. A select committee may act only with regard to
the particular study or investigation assigned to it by the Committee
on Rules.

(d) A select committee is terminated automatically upon the
adjournment of the regular session in which it is established, or at
an earlier time specified in the resolution. In deciding whether to
reestablish a select committee established in a previous regular
session, the Committee on Rules shall consider the extent to which
the select committee successfully achieved its assigned objectives.

Additional Committee on Rules Powers

12.7. In addition to other rights, duties and powers vested in
the Committee on Rules, the committee and the members thereof
shall have and exercise all of the rights, duties, and powers of the
General Research Committee and the members thereof, as provided
in Rule 12.5, with authority to act on any subject allocated by Rule
12.5 to the General Research Committee.

Committee on Rules

13. (a) The Committee on Rules is charged with the general
responsibility for the administrative functioning of the Senate. The
committee has general charge of the books, documents, and other
papers and property of the Senate and shall see that the same are
properly kept, cared for, filed, or otherwise disposed of in
accordance with applicable law and rules. The committee also has
the duties of making studies and recommendations designed to
promote, improve, and expedite the business and procedure of the
Senate and its committees, including investigating committees
consisting wholly or in part of Members of the Senate, and of
proposing any amendments to the rules deemed necessary to
accomplish those purposes.

(b) The Committee on Rules shall continue in existence during
any recess of the Legislature until the convening of the next regular
session, and shall have the same powers and duties as while the
Senate is in session. The committee has the authority to fill
vacancies in any Senate committee or in the Senate membership
of any joint committee.

(c) The committee and its members shall have and 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 provisions are incorporated herein and made applicable to
the Committee on Rules and its members.

(d) The committee may make available to any Senate or joint
committee, or any Member of the Senate, assistance in connection
with the duties of the committee or other legislative matters as the
personnel resources under the direction of the committee or its
other facilities permit.

(e) All employees on the payroll of the Senate are employees
of the Senate and not of individual members, and they are under
the direct control of the Committee on Rules. The Committee on
Rules has general supervision over all employees of the Senate
and the powers and duties to suspend, discipline, or discharge any
employees when necessary. Any insubordination or inefficiency
on the part of any employee shall be reported to the Committee
on Rules.

(f) The committee shall make available and furnish to the
Members of the Senate, and the Senate committees, personnel
resources as may be reasonably necessary for the Members and
the committees to carry out their duties.

(g) The Committee on Rules constitutes the Committee on
Introduction of Bills and has charge of the engrossment and
enrollment of bills, the contingent expenses of the Senate, and
legislative printing, except insofar as these functions are delegated
to the Secretary of the Senate.

(h) The rooms, passages, and buildings set apart for the use of
the Senate are under the direction of the Committee on Rules, and
the committee may assign the press desks in the Senate Chamber
to accredited newspaper representatives.

(i) Executive communication of nominations sent by the
Governor, or any other entity with the authority to make
appointments, to the Senate for confirmation shall be referred to
the Committee on Rules, unless otherwise ordered by the Senate,
without debate.

(j) The Committee on Rules shall, at each regular session,
appoint a Member of the Senate to serve on the Judicial Council
and has the authority during any joint recess to fill any vacancy in
that position that occurs during the recess.

(k) When a report of a joint legislative committee is delivered
to the Senate Desk, the Committee on Rules shall refer it to a
standing committee for review and appropriate action.

Expenses of Senate Committees

13.1. All claims for expenses incurred by investigating
committees of the Senate, the Secretary of the Senate, and the
Sergeant at Arms shall be approved by the Committee on Rules
or its authorized representative before the claims are presented to
the Controller.

All proposed expenditures, including furniture, equipment, and
other property, but not including stationery supplies, shall be
approved by the Committee on Rules or its authorized
representatives before the expenses are incurred, unless the
expenditure is specifically exempted from the provisions of this
rule by the resolution authorizing it.

A warrant may not 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 may adopt rules and regulations
limiting the amount, time, and place of expenses and allowances
to be paid to employees of Senate investigating committees and
regulating the terms and conditions of employment of their
employees. Copies of all rules and regulations adopted pursuant
to this rule shall be distributed to the chair of every investigating
committee.

Alteration, Repair, Improvement to Senate

13.2. The Committee on Rules is authorized and directed to
incur and pay expenses of the Senate not otherwise provided for
as the committee determines are reasonably necessary, including
the repair, alteration, improvement, and equipping of the Senate
Chamber and the offices provided for the Senate in the State
Capitol.

In order to avoid unanticipated reversions of appropriations for
contingent expenses, the Committee on Rules may designate the
appropriation from which payment shall be made pursuant to
allocations to committees or for other purposes. If insufficient
money is available in any appropriation to pay all claims pursuant
to allocations charged against it, the committee shall designate
another appropriation from which the allocations shall be paid.

Rooms and Property of Senate

13.3. The Committee on Rules is responsible for the safekeeping
of Senate property. The Director of General Services is directed
to maintain the Senate Chamber and all the committee rooms and
other rooms used by the Senators and officers of the Senate in a
condition that they will be available for the use of the Senate at
any time. It is further directed that no persons other than the
Members, officers, and employees of the Senate may occupy or
use the offices, committee rooms, or other rooms now occupied
by the Senate without permission as hereinafter provided, that the
desks, furniture, and other equipment of the Senate shall be at the
disposal of the Committee on Rules, and that no person except
Members of the Senate may occupy any of the Senate’s offices or
make use of Senate equipment without permission of the committee
or its authorized representative.

Inventory of Senate Property

13.4. The Committee on Rules is authorized and directed,
through its authorized representative, to make and maintain a
complete inventory of all property of the Senate, including all
property in the possession or control of any Senate committee.
The Committee on Rules has custody and control of all property
of the Senate and shall adopt rules or orders as it may determine
are necessary relating to the purchase, care, custody, and use or
disposal thereof.

Status of Standing Rules for Regular Session

13.5. The adoption of the Standing Rules for any special session
are not to be construed as modifying or rescinding the Standing
Rules of the Senate for a regular session.

Operating Expense Fund

13.6. The Committee on Rules is the committee identified in
Section 9126 of the Government Code. The balance of all money
in the Senate Operating Fund, including money now or hereafter
appropriated by the Legislature, except sums that are made
available specifically for purposes other than the expenses of
designated committees, 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 Senate or concurrent
resolution.

Rules Committee Appointees

13.8. The Committee on Rules shall review its nonlegislator
appointees every two years. That review shall be completed not
later than the 120th calendar day of the regular session in which
the review is undertaken.

Schedule of Committee Meetings

14. The Committee on Rules shall propose to the Senate such
schedules for regular meetings of the standing committees as will
permit all members of each committee to attend without a conflict
of committee engagements.

The committee may also propose such special committee
meetings or special schedules of committee meetings as will
facilitate the business of the Senate. Those schedules may provide
a special schedule of committee meetings upon certain days of the
week or to meet any special condition that may arise.

Powers of Standing Committees

16. Each standing committee of the Senate to which a proposed
law or bill is assigned has full power and authority during the
session of the Legislature, or any recess thereof, to make an
investigation and study concerning any proposed law or bill as the
committee shall determine necessary to enable it to properly act
thereon.

In the exercise of the power granted by this rule, each committee
may appoint a secretary and employ clerical, legal, and technical
assistants as may appear necessary when money has been made
available therefor by the Senate.

Each standing committee is authorized and empowered to
summon and subpoena witnesses, to require the production of
papers, books, accounts, reports, documents, records, and papers
of every kind and description, to issue subpoenas, and to take all
necessary means to compel the attendance of witnesses and to
procure testimony, oral and documentary. However, no committee
may issue a subpoena, nor may a committee require testimony
under oath, without the prior approval of the Committee on Rules.

The Sergeant at Arms, or other person designated by the Sergeant
at Arms or by the committee, shall serve any and all subpoenas,
orders, and other process that may be issued by the committee,
when directed to do so upon a vote of the majority of the
membership of the committee.

Each of the members of the standing committees is authorized
and empowered to administer oaths, and all of the provisions of
Chapter 4 (commencing with Section 9400) of Part 1 of Division
2 of Title 2 of the Government Code, relating to the attendance
and examination of witnesses before the Legislature and the
committees thereof, apply to the committees.

All officers of this state, including the head of each department,
agency, and subdivision thereof, all employees of the departments,
agencies, and subdivisions of the state, the Legislative Counsel,
and all other persons, whether connected with the state government
or not, shall give and furnish to these committees upon request
such information, records, and documents as the committees deem
necessary or proper for the achievement of the purposes for which
each standing committee was created.

Each standing committee may meet at the State Capitol and do
any and all things necessary or convenient to enable it to exercise
the powers and perform the duties herein granted to it, and may
expend such money as may be made available by the Senate for
that purpose, except that no committee may incur any indebtedness
unless money has been first made available therefor.

Funerals

17.5. The Chair or Vice Chair of the Committee on Rules may
designate any one or more of the Members of the Senate as a Senate
committee to attend funerals in appropriate circumstances. The
Members so designated may receive expenses as provided in Joint
Rule 35.

The Chair or Vice Chair of the Committee on Rules, or any
Member of the Senate designated by either of these officers, may
incur such expense as may be necessary for the purchase on behalf
of the Senate of suitable floral pieces for the funeral.

All expenses incurred pursuant to this rule shall be paid out of
the money allocated from the Senate Operating Fund to the
Committee on Rules and disbursed, after certification by the Chair
or Vice Chair of the committee or by the committee’s disbursing
officer appointed and designated therefor by the committee, upon
warrants drawn by the Controller upon the Treasury.

Expenditures

18. A member of a committee may not incur any expense
chargeable to the Senate unless authorized by resolution of the
Senate.

The Committee on Rules shall provide, by rules and regulations,
for the manner of authorizing expenditures by Members,
committees, and officers and employees of the Senate that are not
otherwise authorized by law, these rules, or the Joint Rules of the
Senate and Assembly, and for the payment of the expenditures
from the Senate Operating Fund upon certification of claims
therefor to the Controller by the Committee on Rules or its
authorized representative.

Printing of Reports

18.5. All requests for the printing of reports of Senate
committees shall be made to the Committee on Rules.

The Committee on Rules shall determine if the report is to be
printed, the number of copies needed, and whether or not the report
shall be printed in the Journal.

If the report is to be printed by the Office of State Publishing, it
shall hold the type for each Senate committee report for a period
of 90 days from the date of the first printing or for such other time
as the Committee on Rules deems necessary.

Procedures and Rules

Resolutions and Constitutional Amendments

19. Joint, concurrent, and Senate resolutions, and constitutional
amendments shall be treated the same as bills under these rules,
except that they shall have only one official reading, which reading
shall occur after they have been reported by committee.

Parliamentary Rules

20. In all cases not provided for by the Constitution, these rules,
the Joint Rules of Senate and Assembly, or statute, the authority
shall be the latest edition of Mason’s Manual or the custom and
usage of the Senate.

Suspension of Rules or Amending of Rules

21. A standing rule of the Senate may not be adopted, amended,
or repealed except upon an affirmative vote of a majority of the
membership of the Senate, one day’s notice being given, except
that any rule not requiring more than a majority vote may be
temporarily suspended without that notice by a vote of a majority
of the membership of the Senate. A rule requiring a two-thirds
vote on any question may be amended only by a two-thirds vote
on one day’s notice, except that a rule requiring a two-thirds vote
may be temporarily suspended without that notice by a two-thirds
vote.

All proposed amendments to these rules shall, upon presentation,
be referred to the Committee on Rules without debate.

Suspension of the Joint Rules

21.1. Pursuant to Joint Rule 33, a joint rule may not be
suspended by the Senate except with the concurrence of 27
Members unless a lower vote is prescribed by these rules or the
Joint Rules of the Senate and the Assembly.

Permission of Committee on Rules

21.2. Notwithstanding Rule 21 or 21.1, a Senate or Joint Rule
may not be suspended unless the Committee on Rules determines
that an extraordinary circumstance exists that justifies the
suspension.

Rules Governing Standing Committees

21.5. Except as otherwise provided in these rules, standing
committees of the Senate shall be governed as follows:

(a) The officers of each Senate committee shall be a chair, vice
chair, and secretary.

(b) The chair shall preside at meetings when present except
when the committee is considering a bill of which he or she is the
sole author or the lead author. Whenever the chair is not presiding,
the vice chair shall assume the duties of the chair. In the absence
of both, a member designated by the chair shall preside.

(c) The secretary shall keep a complete record of the meetings
and actions taken by the committee. Bills and other measures
favorably acted upon shall be reported to the Senate as
expeditiously as the reports can be prepared.

(d) The committee shall meet in regular session on the day and
hour designated by the Committee on Rules. Adjourned meetings
or special meetings shall be held at the time fixed in the adjourning
motion, or, for a special meeting, on the call of the chair.

(e) A special meeting may be called by the chair, with the
approval of the Committee on Rules, by giving reasonable notice
to all members of the committee, either in writing or by telephone,
specifying the purpose of the meeting, the time and place thereof,
and the matters to be considered at the meeting. Notice of hearing
of bills as required by subdivision (a) of Joint Rule 62 may also
be given in the Daily File. A matter may not be considered at the
special meeting unless specified in the notice.

A special meeting shall be scheduled so as to permit all members
of the committee to attend without conflict with other scheduled
committee meetings.

(f) A majority of the membership of the committee shall
constitute a quorum. A vote of a majority of the membership of
the committee shall be required to table a bill, remove it from the
table, or reconsider a vote on a bill.

(g) Action may not be taken on any measure outside of a duly
constituted committee meeting.

(h) The chair shall set the hearings of bills and arrange the
calendar for committee hearings. Notice of hearing of any bill shall
be given to the author and other persons requiring notice. A bill
may not be considered in the absence of the author without his or
her consent, except that a bill may be presented by the author’s
representative who is authorized in writing.

(i) A committee or a subcommittee thereof, by a majority vote
of the membership of the committee, may meet in executive session
for any purpose authorized by Section 9029 of the Government
Code. Otherwise, all meetings shall be open and public.

(j) The chair shall direct the order of presentation of the
arguments for and against matters for consideration by the
committee, and shall permit questions to be asked by members of
the committee in an orderly fashion and in keeping with proper
decorum.

(k) Further consideration of a bill that has been voted out of a
committee or defeated shall be by reconsideration only, as follows:

(1) A motion to reconsider a vote by which a bill is voted out
shall be in order, and shall be voted upon at the same meeting. If
the motion is carried by a vote of a majority of the membership of
the committee, the bill may be considered at that meeting, provided
the author is present, or at a subsequent meeting.

(2) The procedure for reconsideration of a bill that has been
defeated shall conform to the requirements of subdivision (a) of
Joint Rule 62. Any bill as to which reconsideration has been
granted pursuant to this paragraph may not be heard again until a
subsequent meeting of the committee, after being calendared in
the Daily File.

(l) Any bill that has been laid on the table and is removed from
the table at a later meeting may not be heard again until a
subsequent meeting of the committee, after being calendared in
the Daily File and after notice.

(m) When a committee adopts proposed amendments to a bill,
the bill may be taken up for vote at that meeting or, if the
committee or author requests, sent out to print before final action.
If the amendments are not in proper form, they shall be prepared
and submitted to the chair for approval before being reported to
the Desk. Amendments submitted by the author that, in the opinion
of the committee chair, are major or substantial shall be submitted
to the committee at least two legislative days before the bill is
scheduled for hearing.

(n) A bill may not be set for hearing, nor may any notice thereof
be published, by a Senate committee until the bill has been referred
to the committee by the Committee on Rules.

(o) The chair may appoint, with the permission of the Committee
on Rules, subcommittees of one or more members to consider and
recommend to the full committee action on matters as may be
assigned to the subcommittee for consideration from time to time
by the chair. The chair may assign and reassign members of, and
matters to, the various subcommittees. The recommendation of a
subcommittee may be accepted by a vote of a majority of the
members of the committee.

(p) In all cases not provided for by this rule, the Senate Rules,
the Joint Rules of the Senate and Assembly, or statute, the authority
shall be the latest edition of Mason’s Manual.

Additional Rules

21.6. Committees may adopt additional rules that are not in
conflict with Rule 21.5 or other rules.

Reporting Measures Out of Committee

21.7. The vote of a majority of the membership of a standing
committee shall be required to report a bill, constitutional
amendment, concurrent resolution, or joint resolution out of
committee.

A vote of a majority of all members of a standing committee
who are present and voting shall be required to report a Senate
resolution out of committee.

Press Participation

21.8. 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 extends to all public legislative meetings.

(2) Lights may 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 chair or the Committee on Rules 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.

However, the chair of a committee may request any person to
relocate or remove any object, or discontinue the use of any
equipment, that is situated or used in a manner so as to disrupt the
proceedings or to create a potential danger to, or substantially
obstruct the view of, members of the committee or the public.

In case any person fails to respond to a request of the chair to
relocate, remove, or discontinue the use of the objects or
equipment, the committee may, by majority vote, require it.

Introduction and Reference of Measures

Introduction, First Reading, and Reference of Measures

22. Any Senator desiring to introduce a bill, constitutional
amendment, concurrent resolution, joint resolution, or Senate
resolution shall send it to the Senate Desk.

When received at the Secretary’s desk, a bill shall, under the
proper order of business, be numbered, read, printed, and referred
by the Committee on Rules to a standing committee. The
Committee on Rules shall check all Assembly measures before
reference to committee and shall designate the committee to which
they shall be referred.

All joint resolutions, concurrent resolutions, and Senate
resolutions shall be automatically referred to the Committee on
Rules upon introduction, and may be rereferred to any other
standing committee upon the vote of a majority of the membership
of the Committee on Rules.

Unless otherwise ordered by the Senate without debate, the
assignment of the measure shall then be complete and, after
printing, the Secretary shall deliver the measure to the committee
designated by the Committee on Rules.

Under the order of Messages from the Assembly, the Secretary
shall read each Assembly bill the first time and shall read the name
of the committee to which the bill has been assigned by the
Committee on Rules. Unless otherwise ordered by the Senate
without debate the assignment of the bill shall then be complete,
and the Secretary shall deliver the bill to the committee so
designated.

Bill Introduction Limitation

22.5. (a) A Member of the Senate may introduce or
subsequently author not more than 40 bills in the regular session.

(b) This rule may be suspended with respect to a particular bill
by approval of the Committee on Rules.

(c) This rule does not apply to a constitutional amendment, any
type of resolution, or a bill introduced by a committee.

Short Title

22.6. A bill may not add a short title that names a current or
former Member of the Legislature.

Introduction of Bills by a Committee

23. (a) A standing committee may introduce a bill germane to
any subject within the proper consideration of the committee in
the same manner as any Member. A committee bill shall contain
the signatures of all of the members of the committee.

(b) A committee may amend into a bill related provisions
germane to the subject and embraced within the title and, with the
consent of the author, may constitute that bill a committee bill.

Bill Introduction Deadline

23.5. The Senate Desk shall remain open for the introduction
of bills from 9:00 a.m. to 5:00 p.m. on the days designated in
subdivision (a) of Joint Rule 54 as the deadlines for the introduction
of bills in the first and second years of the regular session.

Introduction of Bills and Resolutions at Special Sessions

24. Whenever, at any special session, a bill or resolution is
received at the Desk, under the order of Introduction of Bills, it
shall be referred to the Committee on Rules, which shall decide
whether or not the bill or resolution can properly be considered at
the session. If, in the judgment of the Committee on Rules, the bill
or resolution can be considered, the committee shall report the bill
or resolution back and designate the committee to which it shall
be assigned. Thereafter the bill or resolution shall be assigned a
number by the Secretary, read the first time, and referred to the
committee recommended by the Committee on Rules unless
otherwise referred on motion without debate.

Resolutions

24.5. A Senate concurrent resolution or Senate 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 Rules Committee resolutions and presented to the
Committee on Rules for appropriate action.

The Committee on Rules may approve exceptions to this rule
for Senate resolutions. The Secretary may not accept for
introduction any Senate resolution that is contrary to this rule
unless it is accompanied by the approval of the Committee on
Rules.

Senate Resolutions

25. All Senate resolutions eligible to be introduced under the
rules, upon being presented, shall be given a number by the
Secretary. A Senate resolution shall be printed, and indexed in the
History and Journal.

Bills Authored by a Former Member

26. Whenever a bill in the Senate is authored by an individual
who 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 Senate Committee on Rules may authorize that
committee or Member to be the author of that bill. Absent that
authorization, action may not be taken by a committee or the Senate
with respect to a bill authored by a former Member.

Bills in Committee

Author’s Amendments

27. Upon request of the author of a bill, the chair 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 Senate with the recommendation
that amendments submitted by the author be adopted and the bill
be reprinted as amended and rereferred to the committee.

Withdrawing a Bill From Committee

28. A bill or resolution may not be withdrawn from committee
except upon written notice being first given to the Committee on
Rules and by 21 votes of the Senate.

Consent Calendar

28.3. (a) If a Senate bill or Assembly bill is amended in the
Senate to create a new bill or to rewrite the bill, a standing
committee may not place the bill on its consent calendar, and may
not report the bill out of committee with the recommendation that
it be placed on the consent calendar on the floor.

(b) For purposes of this rule, an amendment creates a new bill
or rewrites the bill if the amendment (1) changes the subject of the
bill to a new or different subject, or (2) adds a new subject to the
bill that is different from, and not related to, the contents of the
bill.

Referral of Bills

28.4. (a) If a Senate bill or Assembly bill is amended in the
Committee on Appropriations to create a new bill or to rewrite the
bill and the chair of the committee determines pursuant to Senate
Rule 28.8 that (1) any additional state costs are not significant and
do not and will not require the appropriation of additional state
funds, and (2) the bill will cause no significant reduction in
revenues, the bill shall be reported to the Senate with the
recommendation that it be placed on second reading, except that
the bill first shall be referred to the Committee on Rules. Upon
receipt of the bill, the Committee on Rules shall either refer the
bill to an appropriate policy committee or order that the bill be
placed on second reading.

(b) For purposes of this rule, an amendment creates a new bill
or rewrites the bill if the amendment (1) changes the subject of the
bill to a new or different subject, or (2) adds a new subject to the
bill that is different from, and not related to, the contents of the
bill.

Measures to be Authored

28.5. Each bill, constitutional amendment, or resolution shall
be authored by a Member or committee of the Legislature before
it is considered or voted on by a committee or the Senate. Each
amendment to a bill, constitutional amendment, or resolution shall
be signed by a Member or committee of the Legislature prior to
adoption by the Senate. A bill may be authored only by a Member
or committee of the house of origin. A Member other than a
Member of the house of origin may be a “principal coauthor” or
“coauthor.”

Vote in Committee

28.7. Voting on the disposition of bills, constitutional
amendments, concurrent resolutions, and joint resolutions by
committees shall be by rollcall vote only. A rollcall vote shall be
taken on a motion to amend only if requested by any member of
the committee or the author of the measure. All rollcall votes taken
in committees shall be promptly transmitted by their respective
chairs to the Secretary of the Senate, who shall cause a record of
the rollcall votes to be printed in the Journal.

This rule does not apply to:

(a) Procedural motions that do not have the effect of disposing
of a bill.

(b) Withdrawal of a bill from a committee calendar at the request
of an author.

(c) A committee’s return of a bill to the Senate, if the bill has
not been voted on by the committee.

(d) The assignment of bills to committee.

On a legislative day when the President pro Tempore or Minority
Floor Leader is in attendance, he or she, in the absence of any
objection, may instruct the committee secretary of a committee of
which he or she is a member to add his or her vote to any
previously announced vote that was taken while he or she was
performing the responsibilities of the office of President pro
Tempore or Minority Floor Leader, provided the outcome of the
vote is not thereby changed. This provision does not apply to any
rollcall after adjournment of the legislative day during which the
rollcall in question was taken. The intent of this paragraph is to
allow the President pro Tempore and the Minority Floor Leader
to carry out the unique and special duties of their offices without
losing the opportunity to vote on matters before the committees
of which they are members.

Appropriations Committee

28.8. Any bill referred to the Committee on Appropriations
pursuant to Joint Rule 10.5 that does not appropriate money may
not be set for hearing and shall, along with any nonsubstantive
amendments, promptly be reported to the Senate with the
recommendation it be placed on second reading if the chair of the
committee determines that (a) any additional state costs are not
significant and do not and will not require the appropriation of
additional state funds, and (b) the bill will cause no significant
reduction in revenues.

State-Mandated Local Program Bills

28.9. (a) Any bill having a digest that, pursuant to Section
17575 of the Government Code, indicates that the bill imposes a
state-mandated local program on local agencies or school districts
shall be rereferred to the Committee on Appropriations. The bill
may not be rereferred to the Committee on Governance and
Finance.

(b) Any bill rereferred to the Committee on Appropriations
pursuant to this rule that does not appropriate money and does not
contain a complete disclaimer of all of the provisions of Section
905.2 of, and Part 7 (commencing with Section 17500) of Division
4 of Title 2 of, the Government Code, need not be set for hearing
and may, along with any nonsubstantive amendments, be reported
to the Senate with the recommendation that it be placed on second
reading if the chair of the committee determines, after consideration
of the analyses of local costs prepared by the Legislative Analyst
and the Department of Finance, that (1) any additional local costs
are not significant and (2) the bill will cause no significant
reduction in local revenues.

For the purposes of this rule, “complete disclaimer” means a
provision in a bill that prohibits local agencies and school districts
from filing claims with the Commission on State Mandates for
reimbursement for the costs of unfunded mandated programs or
services.

(c) Whenever the Assembly amends and passes a Senate bill
and the Senate must concur in the amendments, upon the request
of any Senator the bill shall be rereferred to the Committee on
Appropriations if, based upon the Legislative Counsel’s Digest of
the Assembly amendments or an analysis prepared pursuant to
Rule 29.8, the bill (1) imposes state-mandated local costs without
providing adequate reimbursement, or (2) contains a complete
disclaimer. The Committee on Appropriations shall make a
recommendation to the Senate regarding whether the Senate should
concur in the Assembly amendments.

(d) Any bill referred to the Committee on Appropriations solely
pursuant to this rule, and that otherwise would not be rereferred
to the committee pursuant to Joint Rule 10.5, is not subject to
subparagraph (a)(1), (a)(6), (b)(3), or (b)(8) of Joint Rule 61.

Display Bills

28.10. A display bill shall not be heard or acted on in any
committee, or voted on by the Senate. For purposes of this rule,
“display bill” means a bill that sets forth substantive changes in
or additions to existing law but states in the text of the bill that its
provisions are set forth for display purposes only, or words of like
effect.

Consideration of Bills

Order of Making Files

29. When bills are reported from committee they shall be placed
upon the Daily File, to be kept by the Secretary as follows: All
bills when reported to the Senate by the committee shall be placed
at the foot of the Second Reading Senate or Assembly File, in the
order in which the reports are made and, after the second reading,
shall be placed at the foot of the Senate or Assembly Third Reading
File, in the order of reading. Unless otherwise ordered by the
Senate the File shall be taken up in the following order: Senate
Second Reading File, Assembly Second Reading File, Special
Orders, Unfinished Business, Senate Third Reading File, Assembly
Third Reading File. The bills upon the third reading shall be
considered in the order in which they appear upon the File, unless
otherwise ordered by the Senate.

A Senate bill returned from the Assembly for concurrence in
Assembly amendments may not be considered until it appears
under Unfinished Business on the Daily File pursuant to Joint Rule
26.5 and an analysis is provided to each Senator pursuant to Senate
Rule 29.8.

An inactive file shall be kept, to which bills and resolutions may
be transferred at the request of the author, or on motion. Bills shall
be so transferred when they have been passed on third reading file
without action three successive times. Bills and resolutions may
be transferred from the inactive file to the second reading file on
motion and, after being read the second time, the bills shall take
their place regularly on third reading file and be available for
consideration and passage.

Bills, resolutions, and other questions may be transferred from
the unfinished business file to the inactive file upon request or
motion and may be returned to the unfinished business file by
request or on motion.

Placement of any question on the inactive file shall not prejudice
the question.

Strike From File

29.2. A motion to strike any bill, resolution, or other question
from the File shall require 21 votes. That bill, resolution, or other
question may not be acted upon again during the session.

Measures Amended From the Floor

29.3. (a) The consideration of a bill, constitutional amendment,
concurrent resolution, joint resolution, or Senate resolution that
has been amended by amendments offered from the floor, except
committee amendments reported with measures or amendments
offered with a motion to amend and rerefer to committee, is not
in order until the amended measure has been in print for not less
than one legislative day. Any measure so amended shall be placed
on the second reading file.

(b) A bill, constitutional amendment, concurrent resolution,
joint resolution, or Senate resolution shall not be recommended
for amendment by any committee after the last day specified in
the Joint Rules for the 2013-14 Regular Session to amend bills on
the floor, as specified in paragraph (13) of subdivision (a) of Joint
Rule 61 for odd-numbered years, and in paragraph (16) of
subdivision (b) of Joint Rule 61 for even-numbered years.

Bills Approving Memoranda of Understanding

29.4. The Senate may not pass a bill that approves a
memorandum of understanding, for purposes of Section 3517.5
and following of the Government Code, until the final version of
the subject memorandum of understanding is received by the
Secretary of the Senate and made available for review for seven
legislative days and its availability for review noted in the Senate
Daily Journal for that period.

Amended Forms of Measures

29.5. No bill, constitutional amendment, concurrent resolution,
joint resolution, or Senate resolution may be considered for passage
unless and until a copy of the measure as last amended is on the
desk of each Member in printed or electronic form.

Conference Reports

29.6. (a) No conference committee on any bill, other than the
Budget Bill and the budget implementation bills, may approve any
substantial policy change in any bill if that substantial policy
change has been defeated in a policy committee of the Senate
during the current legislative session.

(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 Legislative Counsel,
was before the committee and taken up at a regular or special
hearing of the committee.

Conference Committee Meetings

29.7. Before the adoption of a conference report by the Senate,
any Senator may raise a point of order and put the following
question to the chair of the Committee on Conference from the
Senate: “Did the Committee on Conference meet at a public
meeting attended by at least two of the Assembly Members and
two of the Senate Members of the Committee on Conference and
adopt the conference report by an affirmative rollcall vote of not
less than two of the Assembly Members and two of the Senate
Members constituting the Committee on Conference?” If the chair
answers this question in the negative, the conference report shall
be returned to the Committee on Conference and may not be further
considered by the Senate until the committee has met at a public
meeting attended by at least two of the Assembly Members and
two of the Senate Members of the committee, and has adopted the
conference report by an affirmative rollcall vote of not less than
two of the Assembly Members and two of the Senate Members
constituting the committee.

Analysis of Measures, Conference Reports, and Floor
Amendments

29.8. (a) With the exception of the Budget Bill and budget
implementation bills, no bill, constitutional amendment, concurrent
resolution, joint resolution, Senate resolution, unfinished business
item, or report of a conference committee may be considered unless
and until an analysis thereof has been prepared by the Office of
Senate Floor Analyses and placed upon the desks of the Senators,
unless otherwise ordered by the President pro Tempore.

(b) An amendment from the floor is not in order unless and until
the amendment has been reviewed by the Office of Senate Floor
Analyses. Upon a request by the Chair or Vice Chair of the
Committee on Rules, or by the lead author of the measure to which
a substantive amendment is proposed from the floor, an analysis
thereof shall be prepared by the Office of Senate Floor Analyses
and placed upon the desks of the Senators.

Consideration of Conference Reports

29.9. No conference report may be adopted by the Senate until
it has been in print for two days prior to being taken up by the
Senate.

Referral of Bills

29.10. (a) If the analysis, prepared in accordance with
subdivision (b) of Rule 29.8, of proposed floor amendments to a
bill, other than the Budget Bill, discloses that the amendments
create a new bill or rewrite the current form of the bill, upon
adoption of the amendments the bill shall be reprinted and referred
to the Committee on Rules.

(b) When amendments adopted pursuant to subdivision (a)
rewrite the bill, as specified in subdivision (e), the Committee on
Rules shall refer the bill to a standing committee. The standing
committee shall meet and act upon the bill no later than the next
scheduled hearing of the committee. If the bill is referred to a
standing committee during a time when standing committees are
not meeting, the standing committee shall meet and act upon the
bill as directed by the Committee on Rules and, in any event, within
two legislative days of receipt of the bill. Upon receipt of the bill,
the committee by a vote of a majority of the membership may do
any of the following: (1) hold the bill, (2) return the bill as
approved by the committee to the Senate floor, or (3) rerefer the
bill to fiscal committee pursuant to Joint Rule 10.5.

If the bill is referred to a standing committee during the time
when no committee may meet, the Committee on Rules shall grant
permission to suspend the joint rule to allow the committee to meet
as directed by the Committee on Rules.

If the bill is referred to the Committee on Rules on the last
legislative day preceding a joint recess, the Committee on Rules
and, if the bill is referred to a standing committee, the standing
committee, shall meet and act upon the bill before adjourning for
the recess. If the bill is referred to the Committee on Rules on any
of the three legislative days preceding February 1 or September 1
of an even-numbered year, the Committee on Rules and, if the bill
is referred to a standing committee, the standing committee, shall
meet and act upon the bill on the same legislative day.

(c) When amendments adopted pursuant to subdivision (a) create
a new bill, as specified in subdivision (f), the bill shall be referred
to the Committee on Rules. The Committee on Rules, by a vote
of a majority of its membership may either (1) hold the bill, or (2)
refer the bill to the appropriate standing committee subject to all
of the time and other limitations provided in these rules and the
Joint Rules for the hearing and passage of bills.

(d) If the analysis, prepared in accordance with subdivision (a)
of Rule 29.8, of a bill, other than the Budget Bill, that is returned
to the Senate for a vote on concurrence discloses that the Assembly
amendments create a new bill or rewrite the bill as passed by the
Senate, the bill shall be referred to the Committee on Rules. The
Committee on Rules by a vote of a majority of its membership
may either (1) refer the bill to an appropriate standing committee,
(2) recommend that the bill be taken up for consideration of the
Assembly amendments, or (3) hold the bill.

If the bill is referred to a standing committee, the committee
shall meet and act upon the bill no later than the next scheduled
hearing of the committee. If the bill is referred to a standing
committee during a time when standing committees are not
meeting, the standing committee shall meet and act upon the bill
as directed by the Committee on Rules and, in any event, within
two legislative days of receipt of the bill. Upon receipt of the bill,
the standing committee by a majority vote of the membership may
either (1) hold the bill, or (2) return the bill to the Senate floor for
consideration of the bill as amended in the Assembly.

If the bill is referred to a standing committee during the time
when no committee may meet, the Committee on Rules shall grant
permission to suspend the joint rule to allow the committee to meet
as directed by the Committee on Rules.

If the bill is referred to the Committee on Rules on the last
legislative day preceding a joint recess, the Committee on Rules
and, if the bill is referred to a standing committee, the standing
committee, shall meet and act upon the bill before adjourning for
the recess. If the bill is referred to the Committee on Rules on any
of the three legislative days preceding February 1 or September 1
of an even-numbered year, the Committee on Rules and, if the bill
is referred to a standing committee, the standing committee, shall
meet and act upon the bill on the same legislative day.

(e) An amendment rewrites a bill if the amendment (1) is
germane to the previous version of the bill but adds a new subject
to the bill that is different from, but related to, the contents of the
bill, or (2) is not described in subdivision (f) and makes a change
of fiscal or policy significance that may be appropriate for review
by a standing committee.

(f) An amendment creates a new bill if the amendment changes
the subject of the bill to a new or different subject.

Special Order

30. Any measure or subject may, by vote of a majority of those
voting, be made a special order and, when the time fixed for its
consideration arrives, he or she who is presiding shall lay it before
the Senate.

Messages From the Governor or Assembly

31. Messages from the Governor or from the Assembly may
be introduced at any stage of business except while a question is
being put, while the ayes and noes are being called, or while a
Senator is addressing the Senate.

Messages from the Governor or from the Assembly may be
considered when indicated in the order of business or at any other
time by unanimous consent or upon motion.

Engrossing Measures

32. All Senate bills, constitutional amendments, and joint and
concurrent resolutions shall be engrossed after each amendment
and before final action is taken on them in the Senate. Engrossment
shall consist of comparing the printed engrossed measure with the
original measure introduced and any amendments adopted to
ascertain that it is correct, and making necessary technical
corrections. When a measure is reported correctly engrossed it
shall be substituted for the original measure.

Enrolling Measures

33. All Senate measures shall be enrolled immediately following
their final passage and receipt from the Assembly. An enrolled
copy of every bill, constitutional amendment, or resolution shall
be printed and examined to ascertain that it is a true and accurate
copy of the measure as it was passed. It shall then be authenticated
by the signature of the Secretary of the Senate or his or her
designee, and the Chief Clerk of the Assembly or his or her
designee, and transmitted to the Governor or Secretary of State,
as the case may be.

Debate

Statement of Motion

34. A motion may not be debated until it is distinctly announced
by he or she who is presiding, and it shall be reduced to writing if
desired by any Senator, and read by the Secretary, before it is
debated.

Regulations as to Speaking

35. (a) When a Senator desires to address the Senate, he or she
shall rise in his or her place, address he or she who is presiding,
and, when recognized, proceed to speak through the public address
system.

(b) A Senator may not speak more than twice in any one debate
on the same day, and at the same stage of the bill, without leave;
Senators who have once spoken are not again entitled to the floor
(except for explanation) so long as any Senator who has not spoken
desires to speak.

(c) When two or more Senators arise at the same time to address
the Senate, he or she who is presiding shall designate the Senator
who is entitled to the floor.

(d) A Senator may not be interrupted when speaking, and no
question may be asked of him or her except through he or she who
is presiding.

(e) The author of a bill, motion, or resolution shall have the
privilege of closing the debate.

Order in Debate

36. When a Senator is called to order he or she shall sit down
until he or she who is presiding has determined whether or not he
or she is in order. Every question of order shall be decided by he
or she who is presiding, subject to an appeal to the Senate by any
Senator. If a Senator is called to order for words spoken, the
objectionable language shall immediately be taken down in writing
by the Secretary of the Senate.

Right to Address the Senate

37. A person other than a Member of the Senate may not
address the Senate while it is in session, except that the Senate
may resolve itself into a Committee of the Whole and, while sitting
as a Committee of the Whole, may be addressed by persons other
than Members.

Questions and Motions

Amendments to Measures

38. When amendments to a measure are reported by a
committee or offered from the floor, the amendments shall be
submitted in writing.

Adoption of amendments to any measure in the Senate prior to
third reading, other than by rollcall, shall not preclude subsequent
consideration, in committee or on the third reading of the measure,
of the amendments or any part thereof by the Senate.

Amendments to Be Germane

38.5. Every amendment proposed must be germane. In order
to be germane, an amendment must relate to the same subject as
the original bill, resolution, or other question under consideration.

A point of order may be raised that the proposed amendment or
an amendment now in the bill, resolution, or other question under
consideration is not germane, so long as the question is within
control of the body. In that case the President pro Tempore shall
decide whether the point of order is well taken. In the absence of
the President pro Tempore, the Vice Chair of the Committee on
Rules shall decide whether the point of order is well taken. If, in
the opinion of the President pro Tempore or the Vice Chair of the
Committee on Rules, the point of order is well taken, the question
of germaneness shall on his or her motion be referred to the
Committee on Rules for determination. The Committee on Rules
shall make its determination by the following legislative day. If
the point of order is raised and referral is made on the last
legislative day preceding a joint recess, the Committee on Rules
shall make its determination before adjourning for the recess.

The proposition shall remain on file until the determination is
made. If, upon consideration of the matter, the Committee on Rules
determines that the amendment is not germane, the bill, resolution,
or other question shall be stricken from the file and may not be
acted upon during the remainder of the session, provided that the
author of a bill, resolution, or other question shall be given the
opportunity to amend the bill, resolution, or other question to delete
the portions that are not germane, in which case the bill, resolution,
or other question may continue to be acted upon. If the Committee
on Rules determines that the amendment is germane, the bill,
resolution, or other question may thereafter be acted upon by the
house.

Notwithstanding Rule 21, this rule may not be suspended unless
the Committee on Rules determines that an extraordinary
circumstance and overwhelming public interest exist that justify
the suspension.

Amendments From the Floor

38.6. Amendments to a bill, constitutional amendment,
concurrent resolution, joint resolution, or Senate resolution offered
from the floor, except committee amendments reported with
measures or amendments offered with a motion to amend and
rerefer to committee, are not in order unless and until a copy of
the proposed amendments provided by the author has been placed
upon the desks of the Members.

Motion to Lay on the Table

39. When an amendment proposed to any pending measure is
laid on the table, it may not carry with it or prejudice the measure.

Division of a Question

40. If a question in debate contains more than one distinct
proposition, any Senator may have the same divided.

The Previous Question

41. The previous question shall be put in the following form:
“Shall the question be now put?” It shall require a majority vote
of the Senators present, and its effect shall be to put an end to all
the debate except that the author of the bill or the amendment shall
have the right to close, and the question under discussion shall
thereupon be immediately put to a vote.

Call of the Senate

42. Upon a motion being carried for a call of the Senate, he or
she who is presiding shall immediately order the doors to be closed,
and shall direct the Secretary to call the names of the absentees as
disclosed by the last previous rollcall. Thereupon, a Member may
not be permitted to leave the Senate Chamber except by written
permission of the President pro Tempore or, in his or her absence,
the Vice Chair of the Committee on Rules, or, in his or her absence,
another member of the Committee on Rules designated for that
purpose by the President pro Tempore or the Vice Chair of the
Committee on Rules. Those Members who are found to be absent
and for whom no excuse or insufficient excuses are made may, by
order of those present, be taken into custody, as they appear, or
may be sent for and then taken into custody by the Sergeant at
Arms whenever found, or by special messenger to be appointed
for that purpose. In the absence of a quorum, a majority of the
Members present may order a rollcall of the Senate and compel
the attendance of absentees in the manner above provided.

A call of the Senate may be ordered after the roll has been called
and prior to the announcement of the vote. A call of the Senate
may be dispensed with at any time upon a majority vote of the
Senators present, that action to become effective upon completion
of the rollcall and the announcement of the vote upon the matter
for which the call was ordered.

A recess may not be taken during a call of the Senate. During
any call, the call may be made to apply also to other items of
business by a motion made and adopted by a majority vote of the
Members present. Under those circumstances, when the call of the
Senate is dispensed with as to any item of business, the call is
deemed to be continued in effect until other items of business that
have been made subject to the call by a majority of the Members
present have been acted upon. When a call of the Senate is ordered,
pending the announcement of the vote upon the completion of a
rollcall, the pending rollcall shall become unfinished business, the
consideration of which shall be continued until further proceedings
under the call of the Senate are dispensed with, when it will
forthwith become the order of business before the Senate.

A motion to adjourn is not in order during a call of the Senate.

Reconsideration

43. On the day on which a vote has been taken on any question,
a motion to reconsider the vote may be made by any Member.
Reconsideration may be granted only once.

The motion may be considered on the day made or on the
succeeding legislative day, but may not be further postponed
without the concurrence of 30 Members.

A vote by which a bill was passed may not be reconsidered on
the last legislative day preceding the interim study joint recess or
the final recess, and a vote by which the bill was passed may not
be reconsidered on a Senate bill introduced during the first year
of the biennium of the legislative session on January 31, or on the
last legislative day immediately preceding January 31, of an
even-numbered year.

When reconsideration of the vote by which any bill has passed
has been demanded, the Secretary may not transmit it to the
Assembly until the demand has been disposed of or the time for
reconsideration has expired, but if the bill has already been
transmitted to the Assembly the demand for reconsideration shall
be preceded by a motion to request the Assembly to return the bill.
The motion shall be put to a vote immediately without debate and,
if not adopted, shall preclude a demand for reconsideration.

A demand to reconsider the vote on any debatable question opens
the main question to debate, and the vote on the reconsideration
shall be on the merits of the main question.

Voting by Senate

Rescinding

43.5. An action whereby a bill has been passed or defeated may
not be rescinded without the concurrence of 27 Members.

Voting on Rollcall

44. Whenever a rollcall is required by the Constitution or rules,
or is ordered by the Senate or demanded by three Members, every
Member within the Senate shall without debate answer “Aye” or
“No” when his or her name is called.

The names of Members shall be called alphabetically.

A Senator may not vote or change his or her vote after the
announcement of the vote by the presiding officer.

On a legislative day when the President pro Tempore or Minority
Floor Leader is in attendance throughout a session, he or she, in
the absence of any objection, may instruct the Secretary of the
Senate to add his or her vote to any previously announced vote
that was taken while he or she was performing the responsibilities
of the office of President pro Tempore or Minority Floor Leader,
provided the outcome of the vote is not thereby changed. This
provision does not apply to any rollcall after adjournment of the
legislative day during which the rollcall in question was taken.
The intent of this paragraph is to allow the President pro Tempore
and the Minority Floor Leader to carry out the unique and special
duties of their offices without losing the opportunity to vote on
matters before the Senate.

Excused From Voting

45. When a Senator declines or fails to vote on call of his or
her name, he or she may, after completion of the rollcall and before
the announcement of the vote, be required to assign his or her
reasons therefor and, the Senator having assigned them, the
presiding officer shall submit the question to the Senate: “Shall
the Senator, for the reasons assigned by him or her, be excused
from voting?” which question shall be decided without debate.
Unless the Senator is excused from voting he or she shall be
required to vote.

Voting by Presiding Senator

46. When any Member is presiding over the Senate, he or she
shall vote on rollcall the same as though he or she were not
presiding.

Vote Required

47. Unless otherwise required by the Constitution, the Joint
Rules of the Senate and Assembly, or these rules, any action that
can be taken by the Senate requires only a majority vote of the
Senate, a quorum being present.

The following actions require 32 votes:

(1) To pass a bill amending specified provisions of the Tobacco
Tax and Health Protection Act of 1988 (Prop. 99, Nov. 8, 1988;
Sec. 30130, R.& T.C.).

(2) To pass a bill amending the Clean Air and Transportation
Improvement Act of 1990 (Prop. 116, June 5, 1990; Sec. 99605,
P.U.C.).

(3) To pass a bill amending the California Wildlife Protection
Act of 1990 (Sec. 8, Prop. 117, June 5, 1990).

The following actions require 30 votes:

(4) To dispense with the constitutional provision requiring a
30-calendar-day delay after introduction before a bill may be heard
by any committee or acted upon by either house (Constitution,
Art. IV, Sec. 8(a)).

(5) To postpone the reconsideration of a vote beyond the first
legislative day succeeding the day the motion was made.

The following action requires 28 votes:

(6) To pass a bill amending the statutory provisions, other than
the bond provisions, of the California Stem Cell Research and
Cures Act (Sec. 8, Prop. 71, Nov. 2, 2004).

(7) To pass a bill amending the statutory provisions of the
Victims’ Bill of Rights Act (Sec. 9, Prop. 9, Nov. 4, 2008).

The following actions require 27 votes:

(8) To pass an urgency clause and urgency statute (Constitution,
Art. IV, Sec. 8(d)).

(9) To dispense with the constitutional provision requiring the
reading of bills on three several days (Constitution, Art. IV, Sec.
8(b)).

(10) To pass a bill over the Governor’s veto (Constitution, Art.
IV, Sec. 10).

(11) To prescribe compensation and reimbursement for travel
and living expenses of the Members of the Legislature
(Constitution, Art. IV, Sec. 4).

(12) To propose an amendment to or revision of the Constitution
(Constitution, Art. XVIII, Secs. 1, 2).

(13) To amend or withdraw a proposed legislative constitutional
amendment or revision (Constitution, Art. XVIII, Sec. 1).

(14) To classify or exempt personal property for property
taxation purpose (Constitution, Art. XIII, Sec. 2).

(15) To permit an exemption of real property from taxation
(Constitution, Art. XIII, Sec. 7).

(16) To remove a member of the Public Utilities Commission
(Constitution, Art. XII, Sec. 1).

(17) To reconsider the vote by which a concurrent resolution
proposing a constitutional amendment is defeated.

(18) To rescind the action whereby a bill has been passed or
defeated.

(19) To suspend the rule against lobbying in the Senate
Chamber.

(20) To concur in Assembly amendments to, or adopt a report
of a committee on conference concerning, a constitutional
amendment or bill that requires 27 votes for passage.

(21) To concur in Assembly amendments to, or adopt a report
of a committee on conference concerning, a Senate bill that
contains an item or items of appropriation subject to Section 12(d)
of Article IV of the Constitution.

(22) To amend an initiative statute that permits that action and
requires 27 votes for passage.

The following actions require 21 votes:

(23) To adopt, amend, or suspend the rules, except as provided
in Rule 21.

(24) To pass a bill, unless under other rules a greater vote is
required (Constitution, Art. IV, Sec. 8(b)).

(25) To adopt a joint or concurrent resolution.

(26) To reconsider a bill, or a joint or concurrent resolution.

(27) To confirm an appointment by the Governor, unless a
greater vote is required by statute, or to reconsider the same.

(28) To recall a bill from committee.

(29) To concur in Assembly amendments to, or adopt a report
of a committee on conference concerning, a joint or concurrent
resolution or bill that requires 21 votes for passage.

(30) To change a rate of bank and corporation taxation, or tax
on insurers, for state purposes (Constitution, Art. XIII, Secs. 27,
28).

(31) To strike from file.

(32) To adopt a resolution that does not favor a Governor’s
Reorganization Plan (Sec. 12080.5, Gov. Code).

Actions requiring 14 votes:

(33) To reconsider a vote by which a concurrent resolution
proposing a constitutional amendment was adopted.

Vote Required for Amendments

48. A constitutional amendment or bill requiring a vote of
two-thirds of the Members elected to the Senate for final adoption
or passage may be amended by a majority of those voting.

Contents of Senate Journal

Proceedings to Be Printed

49. The proceedings of the Senate, when not acting as a
Committee of the Whole, shall be entered in the Journal as
concisely as possible, care being taken to record a true and accurate
account of the proceedings.

The Journal shall state the name of the Senator presenting each
Assembly bill, concurrent or joint resolution, or constitutional
amendment to the Senate for final action.

Every vote of the Senate shall be recorded in the Journal.

Titles of Measures to Be Printed

50. The titles of all bills, joint and concurrent resolutions, and
constitutional amendments when introduced and when acted upon
by the Senate, and a brief statement of the contents of each petition,
memorial, or paper presented to the Senate, shall be printed in the
Journal.

Other Matters to Be Printed

51. Messages from the Governor (other than annual messages
and inaugural addresses) shall be printed in the Journal, unless
otherwise ordered by the Senate.

Letters of transmittal presenting reports of committees and
reports of state departments and agencies as shall be made to the
Senate pursuant to law or resolution adopted by the Senate shall
be printed in the Journal, but the reports shall be printed in the
Appendix to the Journal unless otherwise directed by the Senate.

Duty of Secretary to Order Printing

52. It shall be the duty of the Secretary of the Senate, and he
or she is hereby directed, to order for the Senate the necessary
printing, including stationery for the Members, and to audit and
approve all bills for printing to be charged to the Senate. The
Secretary of the Senate shall order from the Office of State
Publishing the number of copies of bills, Journals, Histories, Files,
forms, and other printing as shall be necessary.

It shall further be the duty of the Secretary of the Senate to order
bills and other legislative publications for which there is a demand,
to be printed before the supply of same shall become exhausted.

Printing Only on Written Orders; Rush Orders

53. The Office of State Publishing may not charge any printing
or other work to the Senate except as required by law unless he or
she has a written order from the Secretary of the Senate prior to
beginning the printing or other work. All printing orders by the
Secretary of the Senate shall be delivered as directed by him or
her. The Secretary of the Senate may, when necessity requires it,
order from the Office of State Publishing the printing that he or
she deems necessary to be printed in advance of the regular order
of business, under a specially prepared written order to be known
as a “Rush Order.”

The Senate Chamber

Admission to the Senate Chamber

55. (a) Persons who are not Members, officers, or employees
of the Senate may be admitted to the Senate Chamber only as
follows:

1. The Members, officers, and assistant clerks of the Assembly.

2. The Legislative Counsel or his or her representatives.

3. The accredited press, radio, and television representatives.

4. Former State Senators and Assembly Members.

5. Visitors in the chairs reserved for that purpose, on invitation
of the President or a Senator or on presentation of a pass.

(b) While the Senate is in session a person, except Members of
the Legislature, may not engage in influencing the passage or
defeat of legislation in any way in the Senate Chamber.

(c) A person meeting the definition of a lobbyist in Section
82039 of the Government Code may not be admitted to the Senate
Chamber while the Senate is in session.

(d) Only Members and officers of the Senate and Assembly,
former Members of the Senate, assistant clerks of the Senate and
the Assembly, the Legislative Counsel or his or her representatives,
Senate employees for the purpose of delivering messages and when
so directed by a Member of the Senate, and members of the press
who have seats assigned to them may be permitted on the Floor
of the Senate.

(e) The Senate Chamber is the Senate Chamber proper, the
adjoining hallway, Rooms 3030, 3046, 3191, 3195, and 3196 of
the Capitol Annex, and Room 215 of the Capitol.

(f) The Floor of the Senate is all of the Senate Chamber except
the adjoining hallway and the rooms listed in subdivision (e), the
visitors seating area, and the western portion of Room 3191.

(g) Notwithstanding any other provision of this rule, any person
may be admitted to Room 3191 and Room 215 to attend a meeting
of a Senate, Assembly, joint, or conference committee.

(h) Notwithstanding any other provision of this rule, a person
may not be permitted on the Floor of the Senate while it is in
session unless the person is wearing appropriate attire. Appropriate
attire includes coats and ties for men. Accredited camerapersons,
sound technicians, and photographers are exempt from this
requirement. Floor of the Senate, for this purpose, has the same
meaning set forth in subdivision (f).

(i) This rule may be suspended by a vote of two-thirds of the
Members of the Senate.