BILL NUMBER: SR 4 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Steinberg
DECEMBER 3, 2012
Relative to the Standing Rules of the Senate for the 2013-14
Regular Session.
LEGISLATIVE COUNSEL'S DIGEST
HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST
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.