P1 1Resolved by the Assembly of the State of California, That the
2following Rules be, and the same are hereby, adopted as the
3Standing Rules of the Assembly for the 2015-16 Regular Session;
4and be it further
5Resolved, That these rules shall govern the operations of the
6Assembly.
131. (a) The general officers of the Assembly are the following:
14(1) Speaker
15(2) Speaker pro Tempore
16Assistant Speaker pro Tempore
17Majority Floor Leader
18Minority Floor Leader
19(3) Chief Clerk
20Sergeant at Arms
21Chaplain
P2 1(b) Except for the officers listed in paragraph (2) of subdivision
2(a), each officer listed in subdivision (a) shall be elected by a
3majority vote of the duly elected and qualified Members.
4(c) The Chief Clerk, subject to the approval of the Committee
5on Rules, shall determine the names and titles that shall appear on
6the front page of all publications.
102. The Speaker, or, in his or her absence, the Speaker pro
11Tempore, shall determine the time for convening the session, unless
12otherwise ordered by a majority vote of the Members present and
13voting.
173. The Speaker, or, in his or her absence, the Speaker pro
18Tempore, shall, at the hour appointed for meeting, call the
19Assembly to order.
234. Before proceeding with the business of the Assembly, both
24of the following shall be completed:
25(1) The roll of the Members shall be called, and the names of
26those present shall be entered in the Journal. Forty-one Members
27constitute a quorum.
28(2) The presiding officer shall announce the names of all
29Members who will be absent from that day’s session and the reason
30for their absence.
345. For the purposes of the organization of any regular session
35 of the Assembly pursuant to Section 9023 of the Government
36Code, the person who was the Speaker when the previous regular
37session adjourned sine die, if he or she is reelected to the Assembly,
38shall be deemed to be the senior member elect.
36. The adoption of the Standing Rules requires an affirmative
4recorded vote of a majority of the duly elected and qualified
5Members. When once adopted, the Standing Rules shall remain
6in effect unless suspended or amended as provided in these rules.
107. Unless specified otherwise in these rules, any
Standing Rule
11of the Assembly not requiring more than a majority vote, except
12Rule 8, may be suspended temporarily by a vote of a majority of
13the Members of the Assembly. A rule requiring a two-thirds vote
14may be temporarily suspended by a two-thirds vote of the Members
15of the Assembly. A temporary suspension applies only to the matter
16under immediate consideration, and in no case may it extend
17beyond an adjournment.
218. A standing rule of the Assembly may not be amended except
22by a resolution adopted by an affirmative recorded vote of a
23majority of the duly elected and qualified Members.
2710. In all cases not provided for by the California Constitution,
28by the Assembly Rules, by the Joint Rules of the Senate
and
29Assembly, or by statute, the authority is the latest edition of
30Mason’s Manual.
3511. Thirty-one standing committees of the Assembly are hereby
36created, upon the several subjects, and titled respectively, as
37follows:
38Accountability and Administrative Review
39Aging and Long-Term Care
40Agriculture
P4 1Appropriations
2Arts, Entertainment, Sports, Tourism, and Internet Media
3Banking and Finance
4Budget
5Business and Professions
6Education
7Elections and Redistricting
8Environmental Safety and Toxic Materials
9Governmental Organization
10Health
11Higher Education
12Housing and Community Development
13Human Services
14Insurance
15Jobs, Economic Development, and the Economy
16Judiciary
17Labor and Employment
18Local Government
19Natural
Resources
20Privacy and Consumer Protection
21Public Employees, Retirement, and Social Security
22Public Safety
23Revenue and Taxation
24Rules
25Transportation
26Utilities and Commerce
27Veterans Affairs
28Water, Parks, and Wildlife
29
3211.3. (a) Except as otherwise provided in this rule, all meetings
33of the Assembly or a committee thereof shall be open and public,
34and all persons shall be permitted to attend the meetings. As used
35in this rule, “meeting” means a gathering of a quorum of the
36Members of the Assembly or a committee in one place for the
37purpose of discussing legislative or other official matters within
38the jurisdiction of the Assembly or committee. As used in this rule,
39“committee” includes a standing committee, joint committee,
P5 1conference committee, subcommittee, select committee, special
2committee, research
committee, or any similar body.
3(b) Any meeting that is required to be open and public pursuant
4to this rule, including any closed session held pursuant to
5subdivision (c), may be held only after full and timely notice to
6the public as provided by the Joint Rules of the Assembly and
7Senate.
8(c) The Assembly or a committee thereof may hold a closed
9session solely for any of the following purposes:
10(1) To consider the appointment, employment, evaluation of
11performance, or dismissal of a public officer or employee, to
12consider or hear complaints or charges brought against a Member
13of the Legislature or other public officer or employee, or to
14establish the classification or compensation of an employee of the
15Assembly.
16(2) To consider matters affecting the
safety and security of
17Members of the Legislature or its employees, or the safety and
18security of any buildings and grounds used by the Legislature.
19(3) To confer with, or receive advice from, its legal counsel
20regarding pending or reasonably anticipated litigation, or whether
21to initiate litigation, when discussion in open session would not
22protect the interests of the Assembly or committee regarding the
23litigation.
24(d) A caucus of the Members of the Assembly that is composed
25of members of the same political party may meet in closed session.
26(e) A closed session may be held pursuant to paragraph (3) of
27subdivision (c) under any of the following circumstances:
28(1) An adjudicatory proceeding before a court, administrative
29body exercising its adjudicatory
authority, hearing officer, or
30arbitrator, to which the Assembly or a committee, Member, or
31employee thereof is a party, has been initiated formally.
32(2) Based on existing facts and circumstances, a point has been
33reached where, in the opinion of the Assembly or a committee
34thereof, on the advice of its legal counsel, litigation against the
35Assembly or a committee, Member, or employee thereof is
36reasonably anticipated.
37(3) Based on existing facts and circumstances, the Assembly or
38a committee thereof has decided to initiate, or is deciding whether
39to initiate, litigation.
P6 1(4) To confer with, or receive advice from, its legal counsel and
2negotiator prior to the purchase, sale, exchange, or lease of real
3property by or for the Assembly or a committee thereof regarding
4the price and terms of payment for the purchase,
sale, exchange,
5or lease.
6(f) Prior to holding a closed session pursuant to paragraph (3)
7of subdivision (c), the presiding officer of the Assembly or the
8chair of the committee, as appropriate, shall state publicly which
9paragraph of subdivision (e) is applicable. If the closed session is
10held pursuant to paragraph (1) of subdivision (e), the presiding
11officer or chair shall state the title of or otherwise specifically
12identify the litigation to be discussed, unless the presiding officer
13or chair states that to do so would jeopardize the ability to
14effectuate service of process upon one or more unserved parties,
15or that to do so would jeopardize the ability of the Assembly or
16the committee to conclude existing settlement negotiations to its
17advantage. If the closed session is held pursuant to paragraph (4)
18of subdivision (e), the notice of the closed session shall identify
19the real property that the negotiations may concern and the person
20with
whom the negotiations may take place.
21(g) The legal counsel for the Assembly or the committee shall
22prepare and submit to the Assembly or the committee a
23memorandum stating the specific reasons and legal authority for
24the closed session. If the closed session is held pursuant to
25paragraph (1) of subdivision (e), the memorandum shall include
26the title of or other identification of the litigation. If the closed
27session is held pursuant to paragraph (2), (3), or (4) of subdivision
28(e), the memorandum shall set forth the existing facts and
29circumstances on which the closed session is based. The legal
30counsel shall submit the memorandum to the Assembly or the
31committee prior to the closed session, if feasible, or, in any case,
32not later than one week after the closed session. The memorandum
33is exempt from disclosure under the Legislative Open Records Act
34contained in Article 3.5 (commencing with Section 9070) of
35Chapter 1.5 of Part 1 of Division 2
of Title 2 of the Government
36Code.
37(h) For purposes of paragraph (3) of subdivision (c), “litigation”
38includes any adjudicatory proceeding, including eminent domain,
39before a court, administrative body exercising its adjudicatory
40authority, hearing officer, or arbitrator.
P7 1(i) For purposes of this rule, all expressions of the lawyer-client
2privilege other than those provided in this rule are hereby
3abrogated. This rule is the exclusive expression of the lawyer-client
4privilege for the purposes of conducting closed-session meetings
5pursuant to this rule.
6(j) Disclosure of a memorandum required under this rule shall
7not be deemed a waiver of the lawyer-client privilege provided
8for under Article 3 (commencing with Section 950) of Chapter 4
9of Division 8 of the Evidence Code.
1311.4. A Member may not participate in a meeting of a
14conference committee considering any bill that is not open to the
15public.
1911.5. (a) The standing committees of the Assembly created
20pursuant to Rule 11, with the exception of the Committee on Rules,
21are hereby constituted Assembly investigating committees and are
22authorized and directed to conduct oversight hearings and to
23ascertain, study, and analyze all facts relating to any subjects or
24matters which the Committee on Rules shall assign to them upon
25request of the Assembly or upon its own initiative.
26(b) Each of the Assembly investigating
committees consists of
27the members of the standing committee on the same subject as
28most recently constituted. The chairperson and vice chairperson
29is the chairperson and vice chairperson of the standing committee.
30Vacancies occurring in the membership of the committee shall be
31filled by the appointing authority.
32(c) Each committee and any subcommittee, and its members,
33have and may exercise all the rights, duties, and powers conferred
34upon investigating committees and their members by law and by
35the Joint Rules of the Senate and Assembly and the Standing Rules
36of the Assembly as they are adopted and amended from time to
37time, which rules are incorporated herein and made applicable to
38the committee or subcommittee and their members.
39(d) In order to prevent duplication and overlapping of studies
40between the various investigating committees herein created, a
P8 1committee may not
commence the study of any subject or matter
2not specifically authorized herein or assigned to it unless and until
3prior written approval thereof has been obtained from the
4Committee on Rules.
5(e) The Committee on Rules shall provide for the expenses of
6the above committees and their members and for any charges,
7expenses, or claims they may incur under this rule, to be paid from
8the Assembly Operating Fund and disbursed, after certification by
9the Chairperson of the Committee on Rules or his or her authorized
10representative, upon warrants drawn by the Controller upon the
11State Treasury.
1512. The Speaker shall determine the size, and appoint the
16membership and the chairperson and vice chairperson, of all
17standing committees and subcommittees. In appointing Members
18to serve on
committees, the Speaker shall consider the preferences
19of the Members.
2313. There is a Committee on Rules, which acts as the executive
24committee of the Assembly. No regular member of the Committee
25on Rules may simultaneously serve as a chairperson of any standing
26committee. All meetings of the Committee on Rules that are
27required to be open and public shall be held in a room of
28appropriate size, and audio or video transmission of those meetings
29shall be provided.
3313.1. Within two days after the general election held in
34November of each even-numbered year, the caucus of the political
35party having the greatest number of Members in the Assembly,
36and the caucus of the political party having the second
greatest
37number of Members, each shall meet for the purpose of selecting
38their officers for the next regular session. The rules and procedures
39of each caucus shall be determined by that caucus, but may not be
40inconsistent with these rules.
314. (a) The Committee on Rules has the following powers:
4(1) To refer each bill and resolution to a committee, as provided
5by these rules.
6(2) To appoint all employees of the Assembly not otherwise
7provided for by statute. It has authority to terminate, to discipline,
8to establish, and to modify the terms and conditions of employment
9of, or to suspend, with or without pay, any employee of the
10Assembly.
11(3) To make studies and recommendations designed to promote,
12improve, and expedite the business and procedure of the Assembly
13and of the committees thereof, and to propose any amendments to
14the Rules deemed necessary to accomplish these purposes.
15(4) To adopt additional policies or requirements regarding the
16use of cameras and other recording equipment at committee
17hearings or Assembly floor sessions.
18(5) To contract with other agencies, public or private, as it deems
19necessary for the rendition and affording of those services,
20facilities, studies, and reports to the committee that will best assist
21it to carry out the purposes for which it is created.
22(6) To cooperate with and secure the cooperation of county,
23city, city and county, and other local law enforcement agencies in
24investigating any matter
within the scope of these rules and to
25direct the sheriff of any county to serve subpoenas, orders, and
26other process issued by the committee.
27(7) To report its findings and recommendations to the
28Legislature and to the people from time to time and at any time.
29(8) To do any and all other things necessary or convenient to
30enable it fully and adequately to exercise its powers, perform its
31duties, and accomplish the objects and purposes of these rules.
32(9) To make available to the Assembly, or to any Assembly or
33joint committee, or to any Member of the Assembly assistance in
34connection with the duties of the committee or other legislative
35matters as the personnel under direction of the committee or its
36other facilities permit.
37(10) To make available to
and furnish to the Assembly, and to
38Assembly investigating committees created at this session and to
39each of the members thereof, clerical, secretarial, and stenographic
40help as may be reasonably necessary for the Assembly to carry
P10 1out its work, and for the committees and each of the members
2thereof, to make and carry on the studies and investigations
3required by or of them by the resolutions creating the committees,
4and for these purposes to employ additional stenographic and
5secretarial assistants as may be necessary, assign, reassign, and
6discharge these assistants and prescribe amounts, times, and
7methods of payment of their compensation. The committee shall
8allocate annually an amount for the operation of each investigating
9committee, which shall constitute the annual budget of the
10committee.
11(b) During the times as the Assembly is not in session, the
12committee is authorized and directed to incur and pay expenses
13of the Assembly not
otherwise provided for that the committee
14determines are reasonably necessary, including the repair,
15alteration, improvement, and equipping of the Assembly Chamber
16and the offices provided for the Assembly in the State Capitol and
17the Capitol Annex.
18(c) The committee shall allocate sufficient moneys from the
19Assembly Operating Fund to support the Assembly’s share of joint
20operations.
21(d) The Chairperson of the Committee on Rules shall appoint
22a Chief Administrative Officer of the Assembly, subject to the
23ratification of the Committee on Rules, who has duties relating to
24the administrative, fiscal, and business affairs of the Assembly
25that the committee shall prescribe. The Chairperson of the
26Committee on Rules or a majority of the membership of the
27Committee on Rules may terminate the services of the Chief
28Administrative Officer at any time. Notwithstanding the foregoing,
29the
Speaker may appoint a temporary chief administrative officer
30for up to 90 days following the beginning of the session.
31(e) The Committee on Rules shall provide for the publication
32of a compilation of the photographs of accredited press
33representatives.
34(f) The Committee on Rules may delegate powers to the Speaker
35by a majority vote of the membership of the committee.
3914.5. (a) The Subcommittee on Sexual Harassment Prevention
40and Response is created as a subcommittee of the Committee on
P11 1Rules. The subcommittee is composed of a total of six members,
2with the following four members appointed by the Chairperson of
3the Committee on Rules: two members of the Committee on Rules
4
from the political party having the greatest number of Members
5in the Assembly and two members of the Committee on Rules
6from the political party having the second greatest number of
7Members. The two members from the political party having the
8second greatest number of Members shall be appointed from a list
9of nominees that the vice chairperson of the committee provides
10to the chairperson. The co-chairs of the Assembly Legislative
11Ethics Committee also shall be members of the subcommittee. The
12Chairperson of the Committee on Rules shall designate one of the
13members of the subcommittee to serve as chair of the
14subcommittee.
15(b) The subcommittee shall periodically review procedures for
16the handling of complaints of sexual harassment lodged against a
17Member of the Assembly or an Assembly employee and submit
18any recommendations to the Committee on Rules for consideration.
19(c) Following the submission of the recommendations pursuant
20to subdivision (b), the chair of the subcommittee may cause the
21subcommittee to convene to review and recommend further
22changes in procedures as subsequent events may require.
2615. The Committee on Rules shall continue in existence during
27any recess of the Legislature and after final adjournment and until
28the convening of the next regular session, and shall have the same
29powers and duties as while the Assembly is in session. In dealing
30with any matter within its jurisdiction, the committee and its
31members have and may exercise all of the rights, duties, and
32powers conferred upon investigating committees and their members
33by the Joint Rules of the Senate and Assembly as they are adopted
34and amended from time to time, which rules are incorporated herein
35and made applicable to the
Committee on Rules and its members.
315.5. The Committee on Rules shall annually prepare a report
4to the public of expenditures as required by Section 9131 of the
5Government Code.
915.6. The Committee on Rules shall contract for an independent
10audit of the revenues and expenditures, for each fiscal year, from
11the Assembly Operating Fund. The organization performing the
12audit shall be selected by a majority of the membership of the
13Committee on Rules. The contract for the audit shall be awarded
14through a competitive bidding procedure. The audit shall be
15prepared in a manner and form to be determined by the organization
16performing the audit, and shall be consistent with generally
17accepted
accounting principles.
18The audit shall be completed and made available to the public
19within 180 calendar days following the completion of the fiscal
20year for which the audit is performed.
2415.7. In addition to the annual financial audit required by Rule
2515.6, the Committee on Rules shall contract for an audit of the
26administrative operations of the Assembly. The administrative
27departments to be audited shall be determined by the Committee
28on Rules. An organization performing an audit pursuant to this
29rule shall be selected by a majority of the membership of the
30Committee on Rules. A contract for an audit shall be awarded
31through a competitive bidding procedure. Audits shall be prepared
32in a manner and form to be determined by the organization
33performing the audit, and shall be consistent with generally
34accepted
accounting principles.
35All findings and recommendations reported by an auditing firm
36shall be made available to Members and to the public.
316. The Committee on Rules, acting unanimously by
4appropriate resolution, on behalf of and in the name of the
5Assembly, may extend congratulations, commendations, sympathy,
6or regret to any person, group, or organization, and may authorize
7the presentation of suitably prepared copies of these resolutions
8to the persons concerned and to their relatives.
1217. The Committee on Rules is the committee identified in
13Section 9127 of the Government Code. The balance of all money
14in the Assembly Operating Fund, including
money now or hereafter
15appropriated, except the sums that are made available specifically
16for the expense of designated committees or for other purposes,
17is hereby made available to the Committee on Rules for any
18charges or claims it may incur in carrying out the duties imposed
19upon it by these rules or by Assembly or concurrent resolution.
20The money made available by this rule includes the unencumbered
21balances of all sums heretofore made available to any Assembly
22or joint committee by the Assembly, upon the expiration of that
23committee, and shall be expended as provided in these rules.
2718. A Member or committee may not incur any expense except
28as authorized pursuant to these rules or the Joint Rules of the Senate
29and Assembly, or as authorized by the Assembly or the Committee
30on Rules.
31The Committee on Rules shall
provide, by rules and regulations,
32for the manner of authorizing expenditures by Members,
33committees, officers, and employees of the Assembly that are not
34otherwise authorized by law, these rules, or the Joint Rules of the
35Senate and Assembly. These rules and regulations shall incorporate
36a provision whereby construction, alteration, improvement, repair,
37or maintenance of real or personal property, and the purchase of
38supplies and equipment, shall be governed by competitive bidding.
39Further, the rules and regulations shall provide for the payment of
40expenditures, as authorized by these rules and regulations, from
P14 1the Assembly Operating Fund upon certification of claims therefor
2to the Controller by the Committee on Rules or its authorized
3representative.
4A Member may not be reimbursed for travel outside the State
5of California without prior approval of the Speaker or the
6Committee on Rules.
1020. All claims for expenses incurred by investigating
11committees of the Assembly shall be approved by the Committee
12on Rules, or its authorized representative, before the claims are
13presented to the Controller.
14All proposed expenditures, other than expenditures of the funds
15of an investigating committee, shall be approved by the Committee
16on Rules or its authorized representative before the expenses are
17incurred, unless the expenditure is specifically exempted from this
18requirement by the resolution authorizing it.
19No warrant may be drawn in payment of any claim for expenses
20until the approval of the Committee on Rules, or its authorized
21representative, has been obtained in accordance with this rule.
22The Committee on Rules shall adopt rules and regulations
23governing the awarding
of any contract by an investigating
24committee, and rules and regulations limiting the amount, time,
25and place of expenses and allowances to be paid to employees of
26Assembly investigating committees or other Assembly committees.
27These rules may provide for allowances to committee employees
28in lieu of actual expenses.
29Mileage is an allowance to a committee employee in lieu of
30actual expenses of travel. When travel is by private conveyance,
31mileage may be allowed only to the operator of, and not to
32passengers in, a private vehicle. Claims for mileage by private
33conveyance must be accompanied by the license number of the
34vehicle and the names of state officers and employees riding as
35passengers.
36Copies of all rules and regulations adopted pursuant to this rule
37shall be distributed to the chairperson of every investigating
38committee and of any other Assembly committee that has
39
employees.
321. Each witness summoned to appear before the Assembly or
4any of its committees shall be reimbursed at a rate set by the
5Committee on Rules.
922. (a) The Assembly General Research Committee is hereby
10continued as a permanent factfinding committee pursuant to Section
1111 of Article IV of the California Constitution. The committee is
12allocated all subjects within the scope of legislative regulation and
13control, but may not undertake any investigation that another
14committee has been specifically requested or directed to undertake.
15The Assembly General Research Committee may act through
16subcommittees appointed by the Speaker in consultation with the
17Committee on
Rules, and each of these subcommittees may act
18only on the particular study or investigation assigned by the
19Speaker in consultation with the Committee on Rules to that
20subcommittee. Each subcommittee shall be known and designated
21as a select committee. The Speaker is the Chairperson of the
22Assembly General Research Committee and may be a voting
23member of any subcommittee. Each member of the Assembly
24General Research Committee is authorized and directed to receive
25and investigate requests for legislative action made by individuals
26or groups, and to report thereon to the full committee. The
27Committee on Rules is authorized to allocate to any subcommittee
28from the Assembly Operating Fund those sums that the Committee
29on Rules deems necessary to complete the investigation or study
30conferred upon that subcommittee. The Committee on Rules shall
31further allocate, from time to time, to the Assembly General
32Research Committee from the Assembly Operating Fund those
33sums that are necessary to permit the Assembly
General Research
34Committee and the members thereof to carry out the duties imposed
35on them. The committee has continuous existence until the time
36that its existence is terminated by a resolution adopted by the
37Assembly, and the committee is authorized to act both during and
38between sessions of the Legislature, including any recess.
39(b) The committee and its members shall have and exercise all
40the rights, duties, and powers conferred upon investigating
P16 1committees and their members by the Joint Rules of the Senate
2and Assembly and the Standing Rules of the Assembly as they are
3adopted and amended from time to time at this session, which
4provisions are incorporated herein and made applicable to the
5committee and its members.
6(c) The committee has the following additional powers and
7duties:
8(1) To contract with other
agencies, public or private, for the
9rendition and affording of services, facilities, studies, and reports
10to the committee as the committee deems necessary to assist it to
11carry out the purposes for which it is created.
12(2) To cooperate with and secure the cooperation of county,
13city, city and county, and other local law enforcement agencies in
14investigating any matter within the scope of this rule and to direct
15the sheriff of any county to serve subpoenas, orders, and other
16process issued by the committee.
17(3) To report its findings and recommendations to the
18Legislature and the people from time to time.
19(4) To do any and all other things necessary or convenient to
20enable it fully and adequately to exercise its powers, perform its
21duties, and accomplish the objects and purposes of this rule.
2522.5. (a) The Assembly Legislative Ethics Committee is hereby
26created. The committee shall consist of six Members of the
27Assembly, appointed by the Speaker. Notwithstanding any other
28rule of the Assembly, three members of the committee shall be
29from the political party having the greatest number of Members
30in the Assembly and three members shall be from the political
31party having the second greatest number of Members. Any
32temporary or permanent vacancy on the committee shall be filled
33within 10 days by a member from the same political party. All
34appointments, including appointments to fill permanent or
35temporary vacancies, of members from the political party having
36the second greatest number of Members in the Assembly shall be
37made from a list of nominees that the Minority Floor Leader
38provides to the Speaker. The
Speaker shall designate one member
39of the committee from the political party having the greatest
40number of Members in the Assembly and one member of the
P17 1committee from the political party having the second greatest
2number of Members to serve as co-chairs of the committee. The
3Speaker shall designate one of the co-chairs to serve as the
4presiding officer at any meeting or hearing conducted by the
5committee.
6If a verified complaint is filed against a member of the
7committee, the Speaker shall temporarily replace the member with
8a Member from the same political party, who shall serve until the
9complaint is dismissed or the Assembly takes final action on the
10complaint, whichever occurs first.
11(b) The provisions of this rule, and of Rule 11.5 related to
12investigating committees, apply to the committee and govern its
13proceedings.
14Prior to the issuance of any
subpoena by the committee with
15respect to any matter before the committee, it shall, by a resolution
16adopted by the committee pursuant to a vote in accordance with
17subdivision (n), define the nature and scope of its investigation in
18the matter before it.
19(c) Funds for the support of the committee shall be provided
20from the Assembly Operating Fund in the same manner that those
21funds are made available to other committees of the Assembly.
22(d) (1) The committee has the power, pursuant to this rule and
23Article 3 (commencing with Section 8940) of Chapter 1 of Part 1
24of Division 2 of Title 2 of the Government Code, to investigate
25and make findings and recommendations concerning violations
26by Members of the Assembly of any provision of Article 2
27(commencing with Section 8920) of Chapter 1 of Part 1 of Division
282 of Title 2 of the Government Code or of any other
provision of
29law or legislative rule that governs the conduct of Members of the
30Assembly, hereafter collectively referred to as “standards of
31conduct.”
32(2) The committee may, on its own action pursuant to a vote in
33accordance with subdivision (n), initiate an investigation of a
34Member of the Assembly.
35(e) Any person may file with the committee a verified complaint
36in writing, which shall state the name of the Member of the
37Assembly alleged to have violated any standard of conduct, and
38which shall set forth the particulars thereof with sufficient clarity
39and detail to enable the committee to make a determination. The
P18 1person filing the complaint thereafter shall be designated the
2complainant.
3If a verified complaint is filed with the committee, the committee
4promptly shall send a copy of the complaint to the Member of the
5Assembly alleged
to have committed the violation complained of,
6who thereafter shall be designated the respondent.
7A complaint may not be filed with the committee after the
8expiration of 12 months from the date the alleged violation is
9discovered or three years from the date of the alleged violation,
10whichever occurs first.
11(f) (1) If the committee determines that the verified complaint
12does not allege facts, directly or upon information and belief,
13sufficient to constitute a violation of any standard of conduct, it
14shall dismiss the complaint and so notify the complainant and
15respondent.
16(2) (i) If the committee determines that the verified complaint
17does allege facts, directly or upon information and belief, sufficient
18to constitute a violation of any standard of conduct, the committee
19promptly shall
investigate the alleged violation and if, after this
20preliminary investigation, the committee finds that reasonable
21cause exists for believing the allegations of the complaint, it shall
22fix a time for a hearing in the matter, which shall be not more than
2330 days after that finding. The committee may, however, seek an
24extension of this period, not to exceed an additional 30 days, which
25may be granted by a majority vote of the Committee on Rules.
26(ii) If, after preliminary investigation, the committee does not
27find that reasonable cause exists for believing the allegations of
28the complaint, the committee shall dismiss the complaint. In either
29event, the committee shall notify the complainant and the
30respondent of its determination.
31(3) The committee shall make its determination under paragraph
32(1) or (2) of this subdivision, pursuant to a vote in accordance with
33subdivision (n), not
later than 90 days after first receiving a
34complaint that satisfies subdivision (e). The committee may,
35however, seek an extension, not to exceed 30 days, which may be
36granted by a majority vote of the membership of the Committee
37on Rules. If the committee has requested a law enforcement agency
38to investigate the complaint or if the committee knows the
39complaint is being investigated by a law enforcement agency, the
P19 1time limits set forth in this subdivision shall be tolled until the
2investigation is completed.
3(4) The committee’s determination under paragraph (1) or (2)
4of this subdivision shall be stated in writing, with reasons given
5therefor, and shall be provided to the Assembly, and, in any case
6concerning an alleged violation of Article 2 (commencing with
7Section 8920) of Chapter 1 of Part 1 of Division 2 of Title 2 of the
8Government Code, shall be provided to the appropriate law
9enforcement agency. This written determination is a public
record
10and is open to public inspection.
11(5) Any deliberations of the committee from the time of receipt
12of a complaint until it decides to dismiss the complaint or to set a
13hearing shall not be open to the public unless the respondent
14requests a public meeting.
15(g) After the complaint has been filed, the respondent shall be
16entitled to examine and make copies of all evidence in the
17possession of the committee relating to the complaint.
18(h) If a hearing is held pursuant to subdivision (f), the
19committee, before the hearing has commenced, shall issue
20subpoenas and subpoenas duces tecum at the request of any party
21in accordance with Chapter 4 (commencing with Section 9400) of
22Part 1 of Division 2 of Title 2 of the Government Code. All of the
23provisions of that chapter, except Section 9410 of the Government
24Code, shall
apply to the committee and the witnesses before it.
25(i) At any hearing held by the committee:
26(1) Oral evidence shall be taken on oath or affirmation.
27(2) Each party shall have these rights: to be represented by legal
28counsel; to call and examine witnesses; to introduce exhibits; and
29to cross-examine opposing witnesses.
30(3) The hearing shall be open to the public.
31(j) Any official or other person whose name is mentioned at any
32investigation or hearing of the committee, and who believes that
33testimony has been given that adversely affects him or her, shall
34have the right to testify or, at the discretion of the committee, to
35testify under oath relating solely to the material relevant to the
36
testimony regarding which he or she complains.
37(k) The committee shall have 15 days following the hearing
38within which to deliberate and reach its final determination on the
39matter as follows:
P20 1(1) If the committee finds that the respondent has not violated
2any standard of conduct, it shall order the action dismissed, shall
3notify the respondent and complainant thereof, and, in cases
4concerning an alleged violation of Article 2 (commencing with
5Section 8920) of Chapter 1 of Part 1 of Division 2 of Title 2 of the
6Government Code, shall transmit a copy of the complaint and the
7fact of dismissal to the appropriate law enforcement agency. The
8complaint and the fact of dismissal transmitted pursuant to this
9paragraph are public records and open to public inspection.
10(2) If the committee finds that the respondent has
violated any
11standard of conduct, it shall state its findings of fact and submit a
12report thereon to the Assembly. This report shall be accompanied
13by a House Resolution, authored by the committee, which shall
14be introduced at the Chief Clerk’s desk and then referred by the
15Committee on Rules to the Ethics Committee. The House
16Resolution shall include a statement of the committee’s findings
17and the committee’s recommendation for disciplinary action.
18Within seven days, the committee shall adopt the final form of the
19House Resolution and report it to the Assembly for placement on
20the Daily File. The committee also shall send a copy of those
21findings and report to the complainant and respondent, and, in
22cases concerning an alleged violation of Article 2 (commencing
23with Section 8920) of Chapter 1 of Part 1 of Division 2 of Title 2
24of the Government Code, shall report thereon to the appropriate
25law enforcement agency. The report submitted pursuant to this
26paragraph is a public record and open to public
inspection.
27After the receipt of a copy of the committee’s final report and
28House Resolution, the Assembly expeditiously shall take
29appropriate action with respect to the respondent.
30(l) The filing of a complaint with the committee pursuant to this
31rule suspends the running of the statute of limitations applicable
32to any violation of any standard of conduct alleged in the substance
33of that complaint while the complaint is pending.
34(m) The committee shall maintain a record of its investigations,
35inquiries, and proceedings. All records, complaints, documents,
36and reports filed with or submitted to or made by the committee,
37and all records and transcripts of any investigations, inquiries, or
38hearings of the committee under this rule shall be deemed
39confidential and shall not be open to inspection, without the express
40permission of the
committee, by any person other than a member
P21 1of the committee, or an employee of the committee or other state
2employee designated to assist the committee, except as otherwise
3specifically provided in this rule. The committee may, by adoption
4of a resolution, authorize the release to the Attorney General or a
5district attorney of the appropriate county of any information,
6records, complaints, documents, reports, and transcripts in its
7possession that are material to any matter pending before the
8Attorney General or that district attorney. All matters presented
9at a public hearing of the committee and all reports of the
10committee stating a final finding of fact pursuant to subdivision
11(k) shall be public records and open to public inspection. Any
12employee of the committee who divulges any matter that is deemed
13to be confidential by this subdivision shall be subject to discipline
14by the Committee on Rules.
15(n) The committee may take any action
authorized by this rule
16only upon the vote of not less than two members from the
17registered political party having the greatest number of Members
18in the Assembly and two members from the registered political
19party having the second greatest number of Members. Any vacancy
20on the committee does not reduce the votes required to take action.
21(o) The committee may render advisory opinions to Members
22of the Assembly with respect to the standards of conduct and their
23application and construction. The committee may secure an opinion
24from the Legislative Counsel for this purpose or issue its own
25opinion. Any committee advisory opinion shall be prepared by
26committee members or staff and shall be adopted by the committee
27pursuant to subdivision (n).
28(p) The committee shall conduct, at least semiannually, an
29orientation course on the relevant statutes and regulations
30governing official
conduct. The curriculum and presentation of
31the course shall be established by the Committee on Rules. At least
32once each biennial session, each Member of the Assembly and
33each employee of the Assembly shall attend one of these courses.
34(q) Pursuant to Section 8956 of the Government Code, the
35committee shall do each of the following:
36(1) Conduct, at least semiannually, an orientation course on the
37relevant ethical issues and laws relating to lobbying.
38(2) Impose fees on lobbyists for attending the course specified
39in paragraph (1) at an amount that will permit the participation of
40lobbyists to the fullest extent possible.
323. All requests for the printing
of reports of Assembly
4committees shall be referred to the Committee on Rules. The
5Committee on Rules shall determine the number of copies needed,
6whether the report shall be printed in the Journal, and whether the
7report shall be distributed electronically. The Committee on Rules
8shall authorize the distribution of reports electronically whenever
9possible.
1324. Every employee who works for a committee of the
14Assembly or a subcommittee of a committee, for a Member of the
15Assembly, for the Chief Clerk’s office, or for the Sergeant at Arms,
16is an employee of the Assembly. All employees of the Assembly
17serve at the pleasure of the Assembly and the terms and conditions
18of their employment may be modified, or their employment may
19be terminated at will, at any time and without notice, by the
20Committee on Rules.
21Every
applicant for employment by the Assembly shall prepare
22a formal application for employment on forms prescribed by the
23Committee on Rules. The application shall include a statement of
24his or her present employment, his or her employment during the
25preceding two years, and other pertinent information that the
26Committee on Rules may require. The application shall be certified
27under penalty of perjury, and any willful false statement or
28omission of a material fact shall be punishable as perjury. If the
29application discloses any fact that indicates that the applicant has
30a personal interest that would conflict with the faithful performance
31of his or her duties, the applicant shall not be employed. All
32applications shall be retained in the records of the committee.
33Every employee shall complete the Assembly ethics course in
34the first six months of his or her employment. Thereafter, every
35employee shall take the course in the first six months of every
36legislative
session.
37Every employee shall, within the first six months of every
38legislative session, take a course on sexual harassment prevention.
39The content of the course shall be determined by the Committee
P23 1on Rules and shall include the Assembly’s policy on sexual
2harassment prevention and response.
3An employee may not engage in any outside business activity
4or outside employment that is inconsistent, incompatible, or in
5conflict with his or her functions or responsibilities as an employee
6of the Assembly. Any employee who engages in any outside
7business activity or employment that is in any way related to his
8or her functions or responsibilities as an employee shall promptly
9notify the Committee on Rules of that business activity or
10employment.
1425. Accredited press
representatives may not be excluded from
15any public legislative meeting or hearing and may not be prohibited
16from taking photographs of, televising, or recording the committee
17or house hearings, subject to the following conditions:
18(1) This rule shall extend to all public legislative meetings.
19(2) Lights shall be used only when cameras are filming, and,
20when possible, proceedings in hearing rooms and the Chamber
21shall be filmed without lights.
22(3) Every effort should be made to set up filming equipment
23before hearings or sessions begin.
24(4) The committee chairperson or the Speaker shall be notified,
25as far in advance of the proceedings as possible, that recordings
26and television cameras will be present and filming.
27(5) To the extent practical, flash cameras shall not be used.
28(6) Photographs shall be taken in an orderly and expeditious
29manner so as to cause the least possible inconvenience to the
30committee or to the Members in the Chamber.
3626. (a) The Speaker possesses the powers and shall perform
37the duties prescribed as follows:
38(1) To preserve order and decorum; he or she may speak to
39points of order in preference to the other Members, rising from
40his or her chair for that purpose.
P24 1(2) To decide all questions of order subject to appeal to the
2Assembly by any Member. On every appeal, the Speaker shall
3have the right to assign the reason for his or her decision.
4(3) To name any Member to perform the duties of the Speaker,
5except that any substitution may not extend beyond adjournment.
6(4) To have general direction over the Assembly chamber and
7rooms set aside for the use of the Assembly, including the rooms
8for use by Members as private offices.
9(5) To allocate funds, staffing, and other resources for the
10effective operation of the Assembly.
11(6) To appoint the membership of all standing and special
12committees, including the Committee on Rules, and their respective
13chairpersons and vice chairpersons. The Speaker has
approval
14power over the appointment of subcommittees of standing and
15special committees, except as otherwise provided in Rule 14.5.
16The Committee on Rules consists of the Chairperson, Vice
17Chairperson, and other Members who shall be appointed by the
18Speaker in accordance with the process for appointing the
19membership of standing committees pursuant to this rule. Two
20alternate members of the Committee on Rules shall be appointed
21in accordance with the process for appointing members to the
22Committee on Rules. Members and alternates so appointed shall
23remain in office until their successors are selected as provided for
24in these rules. The Speaker may designate any member in lieu of
25or in addition to the alternate member to fill a temporary vacancy.
26An alternate member may serve when a committee member is
27absent.
28(7) To establish a schedule of meetings of standing committees
29or subcommittees and to approve special meetings at a time
30different from
the scheduled time.
31(8) To have general control and direction over the Journals,
32papers, and bills of the Assembly and to establish a procedure in
33accordance with Rule 118 for admitting employees of the
34Legislature to the Assembly Chambers, including the Lobby in
35the rear of the chambers and any hallway or area of the floor that
36is adjacent to the desks occupied by the assistants to the Chief
37Clerk.
38(9) To act as Chairperson of the Committee of the Whole.
39(10) To order the Lobby and Gallery cleared whenever he or
40she deems it necessary.
P25 1(11) To authenticate by his or her signature, when necessary or
2required by law, all bills, memorials, resolutions, orders,
3proceedings, writs, warrants, and subpoenas issued by order of the
4Assembly.
5(b) The Speaker is an ex officio member of all Assembly and
6joint committees with all of the rights and privileges of that
7membership, except the right to vote. In counting a quorum of any
8of those committees, the Speaker shall not be counted as a member.
9(c) The Speaker shall, at each regular session, appoint a Member
10of the Assembly to serve on the Judicial Council pursuant to
11Section 6 of Article VI of the California Constitution.
1527. The Speaker may designate any one or more of the Members
16of the Assembly as the representatives of the Assembly to attend
17funerals and other ceremonies and events in appropriate
18circumstances. The Members so designated shall receive their
19expenses as provided in Joint Rule
35.
2328. (a) The Speaker shall appoint all nonelected officers of the
24Assembly except the Minority Floor Leader.
25(b) The Minority Floor Leader shall be selected by the caucus
26of the political party having the second greatest number of
27Members in the Assembly.
3129. The Speaker pro Tempore shall perform those duties
32assigned by the Speaker, including the responsibility of presiding
33over sessions of the Assembly and advising the Members on
34parliamentary procedures of the house.
3829.5. The Assistant Speaker pro Tempore shall perform those
39duties assigned by the Speaker or Speaker pro Tempore, including
P26 1the responsibility of presiding over sessions of the Assembly and
2advising the Members on parliamentary procedures of the house.
630. It is the duty of the Majority Floor Leader to make those
7appropriate motions, points of order, or other arrangements that
8may be necessary to expedite the proceedings of the Assembly,
9and he or she is responsible for the presentation of all matters that
10relate to the order of business, and to the promotion of harmony
11among the membership.
1531. The chairperson of the caucus of the political
party having
16the greatest number of Members in the Assembly, and the
17chairperson of the caucus of the political party having the second
18greatest number of Members in the Assembly, shall perform those
19duties that are prescribed by their respective party caucuses.
2332. The Chief Clerk of the Assembly has the following duties,
24powers, and responsibilities:
25(a) To keep the bills, papers, and records of the proceedings and
26actions of the Assembly and to have charge of the publication and
27distribution of those publications related thereto.
28(b) To supervise Assembly employees who are engaged in duties
29related to subdivision (a).
30(c) To act as Parliamentarian of the Assembly and to
advise the
31officers of the Assembly and the Committee on Rules on
32parliamentary procedure and the Rules of the Assembly when
33called upon to do so.
34(d) To prepare all bills, resolutions, histories, journals, and
35related publications for printing.
36(e) To refuse to permit any bills, papers, or records to be
37removed from his or her office or out of his or her custody, except
38upon duly signed receipts from persons authorized.
39(f) To send to each Member, upon the request of the Speaker
40or the Committee on Rules, before the commencement of each
P27 1regular session of the Legislature, a blank form on which the
2Member may indicate his or her committee preferences. After the
3receipt of the forms, all those communications shall be held by the
4Chief Clerk of the Assembly and the information contained in the
5forms shall be forwarded
to the Speaker.
6(g) To perform other duties that are prescribed by law or the
7Committee on Rules.
8(h) To make technical changes in measures and amendments
9pending before the Assembly. The Chief Clerk shall notify the
10Speaker and the author of the measure of any such change.
11(i) To compare all bills, ordered or considered engrossed by the
12Assembly, with the engrossed copies thereof; before they pass out
13of the possession of the Assembly, to see that each engrossed bill
14is a true copy of the original, with those amendments that may
15have been made thereto; and to see that all engrossed bills are
16reported back in the order in which they were ordered engrossed.
17(j) To assist the Committee on Rules, upon its request, in
18recommending the reference of bills to
the appropriate standing
19committee.
20The Assistant Chief Clerk shall have the powers and perform
21the duties of the Chief Clerk during his or her absence.
2533. The Sergeant at Arms has the following duties, powers,
26and responsibilities:
27(a) To attend the Assembly during its session, preserve order,
28announce all official messengers, and serve all process issued by
29authority of the Assembly and directed by the Speaker; the Sergeant
30at Arms shall receive actual expenses for himself or herself, or for
31an assistant, incurred in executing any process.
32(b) To see that no person is admitted to the Assembly Chamber
33except in accordance with these rules.
34(c) To have general supervision over the Assistant Sergeants at
35Arms and be responsible for their official acts and their
36performance of and regular attendance upon their duties.
37(d) To execute all commands of the Speaker.
38(e) To perform all other duties pertaining to his or her office as
39prescribed by law or Assembly rule.
P28 1The Chief Assistant Sergeant at Arms shall have the powers and
2perform the duties of the Sergeant at Arms during his or her
3absence.
734. In the event a vacancy in any office, except Speaker, elected
8by the membership of the Assembly occurs during joint recesses,
9the Committee on
Rules shall fill the office until the session
10reconvenes. If a vacancy occurs in the office of the Speaker during
11a joint recess, the Committee on Rules shall notify the membership
12within 15 days from the time the vacancy occurs and shall call a
13caucus of the membership of the Assembly for the purpose of
14filling the vacancy. This caucus shall be held at the State Capitol
15within 30 days from the time the vacancy occurs. Notice of the
16caucus shall be in writing and shall be mailed not less than 10 days
17prior to the meeting of the caucus. If the Committee on Rules fails
18to act within 15 days from the time the vacancy in the office of
19Speaker occurs, the Chief Clerk of the Assembly shall act in its
20place, following the procedure set forth in this rule. Any person
21selected to fill any vacancy pursuant to this rule holds the office
22until the session reconvenes.
23An affirmative recorded vote of a majority of the duly elected
24and qualified Members is required for the
selection by the
25Assembly caucus of a person to fill a vacancy pursuant to this rule.
26The procedure for selecting the Speaker at the caucus is the same
27as the procedure required for the election of the Speaker at a
28session.
3335. The State Printer may not charge any printing or other work
34to the Assembly other than as provided by law or Assembly rule,
35except upon a written order signed by the Chief Clerk of the
36Assembly or the Chief Administrative Officer of the Assembly.
37All invoices for printing furnished to the Assembly shall be
38itemized and rendered by the State Printer within 30 days after
39completion of the printing. When necessary, the Chief Clerk of
40the Assembly or the Chief Administrative Officer of the Assembly
P29 1may order certain printed matter completed in advance of its regular
2order by the issuance of a rush
order.
636. The Chief Clerk is authorized to order, and is responsible
7for ordering, the printing of bills, resolutions, journals, daily files,
8histories, and related documents.
9The Chief Clerk of the Assembly, or the Chief Administrative
10Officer of the Assembly, shall order other printing as directed or
11authorized by the Committee on Rules, and the written order for
12that printing shall be countersigned by the Speaker or a person
13designated by the Speaker. The Chief Clerk of the Assembly or
14the Chief Administrative Officer of the Assembly shall also order
15other printing as directed or authorized by resolution or motion of
16the Assembly.
2037. During the session, the Chief Clerk shall cause to be printed
21and placed upon each Member’s desk, prior to convening on
22Monday of each week, a complete history showing all actions
23taken upon each measure up to and including the legislative day
24preceding its issuance. For each legislative day intervening between
25the issuance of each Weekly History, there shall be printed a Daily
26Supplemental History showing only actions taken upon any
27measure since the issuance of the preceding Weekly History.
28The Chief Clerk of the Assembly shall, as soon as practicable,
29in each even-numbered year, commence to compile a legislative
30manual or handbook, pursuant to Section 9740 of the Government
31Code.
3537.5. Whenever the Chief Clerk is directed to transmit copies
36of an Assembly Joint Resolution
to Members of the Legislature
37or Members of Congress, the Chief Clerk may do one or both of
38the following:
39(a) Transmit the copies to the designated Members by electronic
40means.
P30 1(b) Transmit one physical copy to the appropriate administrative
2or legislative officer of the designated body.
740. (a) The order of business of the Assembly shall be as
8follows:
91. Rollcall
102. Prayer by the Chaplain
113. Reading of the Previous Day’s Journal
124. Presentation of Petitions
135. Introduction and Reference of Bills
146. Reports of Committees
157. Messages From the Governor
168. Messages From the Senate
179. Motions and Resolutions
1810. Business on the Daily File
1911. Announcements
2012. Adjournment
21(b) With the exception of Special Orders of Business, the
22Speaker may determine that a different order of business will result
23in a
more expeditious processing of the business of the Assembly
24by ordering resolutions honoring an individual or an organization,
25introductions, and adjournments in memory of individuals to be
26taken up in a different order than that listed in subdivision (a).
3041. At each session, following the prayer by the Chaplain, the
31Members of the Assembly and its officers and employees present
32in the Assembly Chamber shall pledge their allegiance to the Flag
33of the United States of America. The Speaker shall invite guests
34present in the Assembly Chamber to join in the pledge of allegiance
35to the Flag of the United States of America.
342. (a) The reading of the Journal of
the previous day may be
4dispensed with, on motion, by a majority vote of the Members
5present and voting.
6(b) All journals of the Assembly shall be corrected by the Minute
7Clerk and delivered to the Chief Clerk.
8(c) A motion to correct any day’s Journal or to print a letter in
9the Journal shall always be in order and shall require a majority
10vote of the Members present and voting.
1443. Whenever petitions, memorials, or other papers are
15presented by a Member, a brief statement of the contents thereof
16may be made verbally by the introducer. Petitions are not debatable
17and shall be filed, or referred to a committee as the Speaker shall
18determine. Receipt of that presentation and its disposition shall be
19noted in the Journal.
20Upon receipt of a petition for the impeachment of any person
21subject to impeachment by the Legislature, the Speaker shall,
22without comment or debate, forthwith refer the petition to
23committee.
2744. Messages from the Governor shall be delivered to the Chief
28Clerk or an assistant, and shall be read and ordered printed in the
29Journal unless otherwise ordered by an affirmative recorded vote
30of 54 or more Members.
3445. Messages from the Senate shall be delivered to the Chief
35Clerk or an assistant, and shall be read and ordered printed in the
36Journal. The Committee on Rules shall refer each bill to a
37committee, unless upon a motion the Assembly, by an affirmative
38
recorded vote of 41 or more Members, refers it to some other
39committee. The action to refer a bill is not debatable. The reference
40shall be entered in the Journal. Assembly bills that have been
P32 1passed without amendment by the Senate shall be ordered to
2enrollment.
3An Assembly bill amended by the Senate shall be placed upon
4the unfinished business file but shall not be eligible to be acted
5upon until it is on the unfinished business file for one calendar
6day, except that when the Assembly bill is placed upon the
7unfinished business file during the last two legislative days
8preceding (1) the January 31 bill passage deadline specified by
9Section 10 of Article IV of the California Constitution, (2) the
10scheduled commencement of the interim study recess, or (3) the
11scheduled commencement of the final recess as specified by the
12Joint Rules of the Senate and Assembly, it may be acted upon
13immediately.
1745.5. These rules do not prohibit the Speaker or Speaker pro
18Tempore from permitting the introduction of a special guest or
19guests. A request that a session of the Assembly adjourn in memory
20of a person shall be made in writing. The request shall be read by
21the presiding officer immediately prior to adjournment.
2646. (a) The word “bill,” as used in these rules, includes a
27constitutional amendment, a concurrent resolution, and a joint
28resolution, except as otherwise specifically provided.
29(b) A concurrent resolution and a joint resolution, other than a
30resolution ratifying proposed amendments to the United
States
31Constitution and a resolution calling for a constitutional
32convention, shall be treated in all respects as a bill except as
33follows:
34(1) It shall be given only one formal reading.
35(2) It shall not be deemed a bill within the meaning of
36subdivision (a) of Section 8 of Article IV of the California
37Constitution.
347. (a) Each bill shall be signed by each Member who is an
4author or coauthor of the bill before it is introduced. If any bill is
5introduced that does not contain the signature of its author or
6coauthor, the bill, on motion of the Member whose name appears
7thereon without that signature, shall be stricken from the file by
8an affirmative recorded vote of 41 or more Members.
9(b) After the introduction of preprinted bills, and subject to the
10provisions of the Joint Rules of the Senate and Assembly, any
11Member desiring to introduce a bill, constitutional amendment, or
12concurrent or joint resolution may at any time during a session
13send the same to the Chief Clerk’s desk.
14(c) When received at the Chief Clerk’s desk each bill shall,
15under the proper order of business, be numbered, read the first
16time, printed, and referred to a standing committee, and a copy
17thereof shall be placed upon the desk of each Member before final
18passage.
19All bills and constitutional amendments introduced before the
20standing committees of the Assembly are appointed shall be
21referred to committee, the references to take effect when the
22committees are appointed.
23(d) The
Committee on Budget may introduce a bill germane to
24any subject within the jurisdiction of the committee in the same
25manner as any Member. Any other standing committee may
26introduce a total of five bills in each year of a biennial session that
27are germane to any subject within the proper consideration of the
28committee.
29(e) No committee, except the Committee on Budget, may
30introduce or author a House Resolution, Concurrent Resolution,
31or Joint Resolution.
32(f) A committee bill may not be introduced unless it contains
33the signatures of a majority of all of the members, including the
34chairperson, of the committee. If all of the members of a committee
35sign the bill, at the option of the committee chairperson the
36committee members’ names need not appear as authors in the
37heading of the printed bill.
38(g) Subdivision (d) or
(e) of this rule may be suspended with
39respect to a particular bill or resolution by approval of the
40Committee on Rules.
347.1. Whenever the author of a bill in the Assembly is no longer
4a Member of the Legislature, upon a request of a committee or
5current Member of the house in which the bill was introduced, the
6Assembly Committee on Rules may authorize that committee or
7Member to be the author of that bill. Absent that authorization, an
8action may not be taken by a committee or the Assembly with
9respect to a bill authored by a former Member.
1349. (a) A Member may introduce not more than 40 bills in the
14regular session. As used in this rule, “bills”
includes constitutional
15amendments.
16(b) Notwithstanding subdivision (a) of this rule, a Member may
17introduce not more than five resolutions in the regular session. As
18used in this rule, “resolutions” include House, Concurrent, and
19Joint Resolutions, but do not include resolutions introduced by a
20Member for the specific purpose of organizing a session that is
21convened pursuant to Article IV, Section 3(a) of the State
22Constitution or resolutions introduced by the Speaker as part of a
23session honoring a retiring Assembly Member.
24(c) This rule may be suspended with respect to a particular bill
25or resolution by approval of the Committee on Rules.
2951. Except as otherwise provided in this rule, the Committee
30on Rules shall
refer each bill to a committee by a majority vote of
31the membership of the committee, unless upon a motion the
32Assembly, by an affirmative recorded vote of 41 or more Members,
33refers it to some other committee. A motion to refer a bill is not
34debatable, except as to the propriety of the motion, and it may not
35open the main question to debate.
36The Committee on Rules may require that, if a bill is reported
37out of the committee to which it has been referred, it shall be
38re-referred to another committee that shares jurisdiction of the
39subject matter of the bill.
351.5. A bill that upon introduction makes no substantive change
4in or addition to existing law, and would not otherwise affect the
5ongoing operations of state or local government, except a bill
6stating legislative intent to make necessary statutory changes to
7implement
the Budget Bill, may not be referred to a committee by
8the Committee on Rules. If the author subsequently proposes to
9the Committee on Rules to make substantive changes in the bill
10as introduced, the Committee on Rules may refer the bill to a
11committee, together with the proposed changes for consideration
12as author’s amendments. A vote on passage of the bill may not be
13taken, however, until the bill with its amendments, if adopted, has
14been in print for at least 15 days.
1852. After introduction and first reading, all bills shall be
19delivered to the State Printer.
2353. All resolutions shall be numbered and may be referred to
24the appropriate committee by the Committee on Rules.
25Each resolution shall be signed by each Member who is an author
26or coauthor of the resolution before it is introduced.
3054. A concurrent resolution or a house resolution may be
31introduced relating to a present or former state or federal elected
32official or a member of his or her immediate family. Other
33resolutions for the purpose of commendation or congratulation of
34any person, group, or organization, or for the purpose of expressing
35sympathy, regret, or sorrow on the death of any person, shall be
36prepared as a Rules Committee Resolution and presented to the
37committee for appropriate action.
38The Committee on Rules may approve exceptions to this rule
39for house resolutions. The Chief Clerk may not accept for
P36 1introduction any house resolution that is contrary to this rule
unless
2it is accompanied by the approval of the Committee on Rules.
755. Subject to the Joint Rules of the Senate and Assembly, the
8Rules of the Assembly shall govern the conduct of all committee
9and subcommittee meetings.
1356. All standing committees and subcommittees shall meet at
14the hour and place provided by the schedule established by the
15Speaker, unless permission for a different hearing time is granted
16by the Speaker. A committee or subcommittee may not meet during
17any session of the Assembly, nor may any Member of the
18Assembly attend a conference committee meeting on any bill
19during any session of the
Assembly without first obtaining
20permission from the Assembly.
21When an unscheduled meeting of a standing committee or
22subcommittee has been so ordered, the meeting shall convene in
23an area that is readily accessible to the public and the Assembly
24shall take care that every effort is made to inform the public that
25a meeting has been called. An unscheduled meeting of a committee
26or subcommittee may not be held in the Assembly Chamber.
27No bill may be set for hearing, nor may any notice thereof be
28published by any Assembly committee or subcommittee, until the
29bill has been referred to the committee or subcommittee. Nothing
30in this paragraph shall prevent a committee or subcommittee from
31acting with regard to a bill referred to it where the only action
32taken is to cause the bill to be reported to the Assembly with the
33recommendation that amendments be adopted and the bill be
34reprinted as amended and re-referred to the committee
or
35subcommittee.
36The several standing committees and subcommittees and their
37chairpersons may adopt a procedure under which bills are
38scheduled for hearing on the basis of like subject matter groupings.
356.1. All bills referred to a standing committee pursuant to Rule
451 shall be set and heard, if requested by the author, as specified
5by the Joint Rules. If the analysis of an author’s amendment that
6is subsequently adopted pursuant to Rule 68 discloses that the
7amendment makes a substantial substantive change to the original
8bill as referred by the Rules Committee, the bill as amended shall
9either be set and heard by the committee having jurisdiction of the
10bill as amended or re-referred to the Committee on Rules pursuant
11to the Assembly Rules.
1556.5. Except as otherwise provided in this rule, each standing
16committee and subcommittee shall prepare an analysis of every
17bill it has set for hearing, which shall be available to the public in
18the office of the committee or subcommittee one working day prior
19to the date on which the hearing is to be held. In the case of a
20special meeting, or a meeting of the Committee on Appropriations
21or the Committee on Budget, or their subcommittees, the analysis
22shall be available to the public at the beginning of the hearing. No
23question concerning a committee’s compliance with this rule with
24regard to any bill shall be in order following a vote on passage of
25the bill in that committee. As used in this rule, a “working day” is
26any day on which a house file is published.
27A copy of each committee analysis shall be transmitted by
the
28committee secretary to the Assembly Floor Analysis Unit at the
29same time it is made available to the public.
3356.6. Except as otherwise provided in this rule, the consultants
34of a standing committee or subcommittee are responsible for
35monitoring bills assigned to their respective committee or
36subcommittee throughout the entire legislative process. Except for
37resolutions and bills on the Consent Calendar, a consultant of the
38appropriate standing committee shall prepare, in a timely fashion,
39an analysis of every bill on third reading or the unfinished business
P38 1file, and of any amendment to a bill that is on the Assembly floor,
2as directed by the Assembly Floor Analysis Unit.
3The committee consultant who prepares the analysis shall
4transmit a copy of the completed analysis to the Assembly Floor
5
Analysis Unit. The Assembly Floor Analysis Unit is responsible
6for final editing for grammar and format of all floor analyses.
1056.7. If the chairperson of a committee or subcommittee, in
11advance of a hearing, proposes to recommend any bills for
12consideration on the Consent Calendar without hearing testimony
13on those bills in committee, a list of those bills shall be made
14available to the public at the same time as the committee analysis
15required under Rule 56.5.
1957. Except as otherwise provided in this rule, a majority of the
20membership of any standing committee constitutes a quorum for
21the transaction of its business, including the decision to recommend
22the adoption of any amendments to any bill. A majority of
the
23membership of the committee, or a subcommittee thereof, is
24required to report a bill out of the committee or subcommittee,
25respectively. Any vacancy on a standing committee shall not reduce
26the votes required to take action on a bill in that committee.
27Whenever a member is disqualified pursuant to Joint Rule 44
28or the Political Reform Act of 1974 (Title 9 (commencing with
29Section 81000) of the Government Code) from voting or taking
30any other action related to the passage, defeat, or amendment of
31a bill in committee, that disqualification shall be treated the same
32as a vacancy. The member shall advise the chairperson of a
33disqualification, and the chairperson shall announce which
34members are so disqualified at the commencement of the hearing
35on the bill.
3957.1. After a committee has voted on a bill, reconsideration
40
may be granted only one time. Pursuant to subdivision (a) of Joint
P39 1Rule 62, reconsideration may be granted within 15 legislative days
2or prior to the interim study joint recess, whichever occurs first.
3A vote on reconsideration may not be taken without the same
4notice required to set a bill for hearing unless that vote is taken at
5the same meeting at which the vote to be reconsidered was taken
6and the author is present. An action taken by a committee may not
7be reconsidered except by a majority vote of the membership of
8the committee.
1258. All committees shall act upon bills referred to them as soon
13as practicable, and when acted upon each bill shall be reported
14back to the Assembly forthwith; the chairperson of each committee
15is charged with the observance of this rule. The chairperson of
16each committee shall, insofar as practicable, report back
bills in
17the same order as they were acted upon by the committee.
2158.2. The Committee on Appropriations may maintain a
22suspense file, to which bills may be referred by vote of a majority
23of the members of the committee present and voting, pending
24further consideration by the committee. A bill may be taken off
25the suspense file and heard, upon two days’ notice published in
26the file, by a vote of a majority of the members of the committee
27present and voting. A bill removed from the suspense file for the
28purpose of amendment only, pursuant to Rule 68, shall be
29re-referred to the committee and shall be placed on the suspense
30file pending further consideration by the committee.
3458.5. When a standing
committee or subcommittee takes action
35on a bill, including reconsideration, the vote may be by rollcall
36vote only. All rollcall votes taken in a standing committee or
37subcommittee shall be recorded by the committee secretary on
38forms provided by the Chief Clerk of the Assembly. The record
39of a rollcall vote shall show, for each proposal voted upon: all
40votes for and against, all members absent, and all members not
P40 1voting. The chairperson of each standing committee or
2subcommittee shall promptly transmit a copy of the record of the
3rollcall votes to the Chief Clerk of the Assembly, who shall cause
4the votes to be published in an appendix to the Journal on a
5monthly basis.
6The committee secretary of each standing committee or
7subcommittee shall promptly transmit a copy of the record of the
8rollcall votes to the Assembly Floor Analysis Unit.
9A member may submit a written explanation of his or her vote,
10absence, or failure to
vote on any bill or resolution, and that
11explanation shall be printed in the appendix to the Journal in the
12appropriate place, provided that no explanation may exceed 50
13words in length.
14At the request of the author or any member of the committee,
15the committee shall hold the roll open on any bill until the
16adjournment of the committee meeting. At no time may a bill be
17passed out by a committee without a quorum being present.
18This rule does not apply to any of the following:
19(a) Adoption of author’s amendments to a bill.
20(b) Withdrawal of a bill from a committee calendar at the request
21of an author.
22(c) Return of bills to the house where the bills have not been
23voted on by the committee.
24(d) Votes of subcommittees of the Committee on Budget when
25considering the Budget Bill.
26(e) Votes of the Committee on Rules when referring bills to
27committees.
3159. Whenever it is the decision of a standing committee that a
32bill referred to that committee shall not be given a do-pass
33recommendation, but that the subject matter of the bill should be
34referred for study, that standing committee shall retain the bill in
35its possession and report its recommendation to the Assembly that
36the subject matter of the bill be referred to the Committee on Rules
37for that committee’s assignment of the subject matter to an
38appropriate committee.
39Nothing in this rule shall be
construed to prohibit a committee
40from subsequently reporting the bill to the Assembly with a do-pass
P41 1or do-pass as amended recommendation or from reporting it out
2of committee without further action on the final day of the session.
660. A chairperson of a standing committee may not preside at
7a committee hearing to consider a bill of which he or she is the
8sole author or the lead author, except that the Chairperson of the
9Committee on Budget may preside at the hearing of the Budget
10Bill by the Committee on Budget.
1461. Specially prepared reports of standing and special
15committees shall be delivered to the Chief Clerk or an assistant,
16and shall be read and ordered printed in the Journal unless
17
otherwise ordered by the Speaker or a majority vote of the
18Members present and voting.
19When a report of a joint legislative committee is delivered to
20the Assembly Desk, the Speaker shall refer it to a standing
21committee for review and appropriate action.
2562.5. All constitutional amendments shall be referred to the
26policy standing committee having jurisdiction of that subject matter
27and, upon being reported out of that committee, shall be re-referred
28to the committee having constitutional amendments within its
29jurisdiction.
3463. There shall be printed an Assembly Daily File for each
35legislative day. The following listing
shall constitute the order of
36business on the Daily File:
371. Special Orders of the Day
382. Second Reading, Assembly Bills
393. Second Reading, Senate Bills
404. Unfinished Business
P42 15. Third Reading, Assembly Bills
26. Third Reading, Senate Bills
3All bills on the Daily File shall be called for consideration,
4provided that Rule 58 has been complied with in the order of their
5listing. All scheduled committee hearings, together with the list
6of bills to be heard, shall be published in the Daily File.
1064. A bill may not be considered or acted upon on the floor of
11the Assembly unless and until a copy of the bill as introduced, and
12a copy of each amended form of the bill, has been distributed to
13the desk of each Member in hard copy or in portable document
14format (PDF) via computer.
1866. All bills shall be read by title the second time in the order
19of their appearance upon the second reading file. Upon second
20reading, Assembly bills reported without amendments shall be
21ordered engrossed, and Senate bills reported without amendments
22shall be ordered to third reading. All bills reported out of committee
23shall be placed on the second reading file for the next legislative
24day, and may not be read a second time until the next legislative
25day under that order of business. As used in
this rule, “bill” does
26not include a joint or concurrent resolution, but does include a
27constitutional amendment.
3166.6. Until the Budget Bill has been enacted, the Assembly
32may not send to the Governor for consideration any bill
33appropriating funds for expenditure during the fiscal year for which
34the Budget Bill is to be enacted, except emergency bills
35recommended by the Governor or appropriations for the salaries
36and expenses of the Legislature.
366.7. The Budget Bill may not be voted upon for final passage
4on the floor of the Assembly unless it complies with subdivision
5(g) of Section 12 of Article IV and Sections 1.3 and 20 of Article
6XVI of the California Constitution.
1067. Committee amendments reported with bills shall be
11considered upon their second reading, and the amendments may
12be adopted by majority vote of the Members present and voting.
13Assembly and Senate bills amended on second reading by
14committee amendment shall be ordered reprinted and returned to
15the second reading file. Assembly bills so amended shall be
16engrossed after printing.
17Committee amendments reported with bills shall be prepared,
18or approved as to form, by the Legislative Counsel. Five copies
19of the committee amendments to Assembly bills and five copies
20of the committee amendments to Senate bills shall be delivered to
21the Chief Clerk’s desk.
22The Chief Clerk shall cause to be transmitted to the Assembly
23Floor Analysis Unit a copy of each committee report and committee
24
amendment, unless the committee report or committee amendment
25is relative to a joint, concurrent, or house resolution.
26Adoption of amendments to any bill in the Assembly prior to
27third reading, other than by a rollcall, shall not preclude subsequent
28consideration in committee, or on the third reading by the
29Assembly, of the bill, those amendments, or any part thereof.
3368. Upon request of the author of a bill, the chairperson of the
34committee to which the bill has been referred may, by his or her
35individual action taken independently of any committee meeting,
36cause the bill to be reported to the Assembly with the
37recommendation that amendments submitted by the author be
38adopted and the bill be reprinted as amended and re-referred to
39the committee.
P44 1Notwithstanding any other
rule, a bill to be amended pursuant
2to this rule may not be placed on the second reading file for the
3adoption of those amendments.
768.5. Except as otherwise provided in this rule, a vote on
8passage of any bill in a standing committee or subcommittee shall
9be taken only when the bill is in print, including any previously
10adopted amendments to the bill. A vote on passage of an amended
11bill, when the amended form of the bill is not in print, may be
12taken only if the sole effect of the amendment is to add coauthors
13to the bill or if the committee determines that the effect of the
14amendment upon the bill can be readily understood by all of the
15members and audience present at the hearing. In that circumstance,
16any member may require that the amendments be in writing at the
17time of their adoption.
2168.6. A bill, concurrent resolution, or joint resolution may not
22be considered on third reading unless and until an analysis of the
23measure has been distributed by the Assembly Floor Analysis Unit
24and placed upon the desks of the Members, unless otherwise
25ordered by the Speaker.
2968.7. A report of a conference committee on any bill, other
30than the Budget Bill, that recommends the substantive amendment
31of a bill may not be considered unless and until an analysis of the
32proposed amendment has been distributed by the Assembly Floor
33Analysis Unit and placed upon the desks of the Members, unless
34otherwise ordered by the Speaker.
3868.8. A conference report may not be heard by the Assembly
39until it has been in print for two days prior to being taken up by
40the house.
368.9. (a) A conference committee on any bill, other than the
4Budget Bill or a bill that is making statutory changes to implement
5the Budget Bill, may not approve any substantial policy change
6in any bill if that substantial policy change has been defeated in a
7policy committee of the Assembly within the current legislative
8session. For purposes of this rule, the most recent action of a policy
9committee with regard to a substantial policy change is deemed
10the only action taken when the policy committee has
taken
11inconsistent actions with respect to a substantial policy change.
12(b) For purposes of subdivision (d) of Joint Rule 29.5, the term
13“heard” means that a printed bill with substantially similar language
14was before the appropriate committee and taken up at a regular or
15special hearing of the committee during the current legislative
16session; or that an amendment, which was drafted and given a
17request number or approved as to form by the Legislative Counsel,
18was before the committee and taken up at a regular or special
19hearing of the committee.
2369. (a) Any Member may move to amend a bill during its
24second or third reading, and that motion to amend may be adopted
25by a majority vote of the Members present and voting.
26Amendments to a bill offered from the floor, except committee
27amendments reported with bills, amendments offered with a motion
28to amend and re-refer a bill to committee, amendments deleting
29any number of words, or amendments previously printed in the
30Journal, are not in order unless and until a copy of the proposed
31amendments has been placed upon the desks of the Members. A
32copy of a bill that has been amended only to add coauthors to the
33bill is not required to be placed upon the desks of the Members if
34both the Speaker and Minority Leader grant an exemption.
35Amendments offered from the floor during a bill’s second or
36third reading shall be prepared, or approved as to form, by the
37Legislative Counsel.
38Before debate five copies of the proposed amendment to
39Assembly bills, and five copies of the proposed amendments to
40Senate bills, shall be delivered to the Chief Clerk’s desk. One copy
P46 1of
the proposed amendment shall be transmitted by the Chief Clerk
2to the Assembly Floor Analysis Unit. Bills so amended upon
3second or third reading shall be reprinted and re-engrossed. The
4Chief Clerk shall order printed as many copies of all amended bills
5as he or she may determine to be necessary.
6(b) (1) Amendments from the floor during a bill’s second or
7third reading that would make a substantive change in the bill shall
8be submitted to the Chief Clerk’s desk by 5:00 p.m. or the time of
9adjournment, whichever is later, the business day before the start
10of session on the legislative day at which they are to be considered.
11(2) Upon receipt of the proposed amendments by the Chief
12Clerk, an analysis shall be prepared by the committee of origin in
13conjunction with the Assembly Floor Analysis Unit, and a copy
14of that analysis shall be distributed to each
Member’s desk prior
15to the beginning of debate on adoption of the proposed
16amendments, unless otherwise ordered by the Speaker.
17(3) As used in this subdivision, “bill” does not include a joint
18or concurrent resolution, but does include a constitutional
19amendment.
20(c) Paragraph (1) of subdivision (b) does not apply to (1)
21amendments to a bill taken up without reference to file, (2)
22amendments to a bill to add or delete an urgency clause, (3)
23amendments to a bill that are identical to other amendments
24submitted to the Chief Clerk’s desk in accordance with the
25requirements of this rule, (4) amendments to the Budget Bill or to
26a bill that is making statutory changes necessary to implement the
27Budget Bill, or (5) amendments to a bill to make the bill contingent
28upon the enactment of another bill, or to incorporate one or more
29statutory amendments proposed in another bill to avoid
superseding
30those amendments.
31(d) Any bill amended on the second or third reading file shall
32be ordered reprinted and returned to the third reading file, and may
33not be acted on by the Assembly until the bill, as amended, has
34been on the Daily File for one calendar day. This subdivision does
35not apply to a bill that is amended to add or delete an urgency
36clause or to a bill that is amended to make statutory changes to
37implement the Budget Bill.
38(e) A motion to amend a bill on the second or third reading file,
39other than committee amendments reported pursuant to Rule 57,
40is not in order on (1) the last two legislative days preceding the
P47 1January 31 bill passage deadline specified by Section 10 of Article
2IV of the California Constitution or (2) the last seven days
3preceding the scheduled commencement of the interim study recess
4or the scheduled commencement of the final recess as
specified
5by the Joint Rules of the Senate and Assembly. This subdivision
6may be suspended temporarily by two-thirds vote of the Members
7present and voting. This subdivision does not apply to amendments
8to a bill pursuant to Joint Rule 23.5, amendments to a bill to add
9or delete an urgency clause, or amendments to a bill to incorporate
10one or more statutory amendments proposed in another bill to
11avoid superseding those amendments.
1569.1. Pursuant to Section 81012 of the Government Code, any
16bill that would amend the Political Reform Act of 1974 (Title 9
17(commencing with Section 81000) of the Government Code) may
18not be passed until, 12 days prior to being considered for passage,
19the bill in its final form has been delivered by the Chief Clerk to
20the Fair Political Practices Commission for distribution to the news
21media and to every
person who has requested the commission to
22send a copy of any such bill to him or her.
2769.2. Pursuant to Section 8 of the California Stem Cell Research
28and Cures Act (Proposition 71 of the November 2, 2004, statewide
29general election), the following requirements apply to a bill that
30would amend the provisions of that act:
31(a) The bill may not be passed until, 14 days prior to the date
32of passage, copies of the bill in its final form are made available
33by the Chief Clerk to the public and the news media.
34(b) Passage of the bill requires the affirmative votes of 56
35Members.
469.5. Any requirement that bills, conference reports,
5amendments, or an analysis be placed on the desks of the Members
6is satisfied by electronic distribution of the same information in
7portable document format (PDF) via computer to the desk of the
8Members through the Assembly Floor System, unless otherwise
9ordered by the Speaker.
1370. Whenever a bill that has been amended and re-referred to
14committee is reported out by that committee, it shall be placed on
15the second reading file and may not be transferred therefrom to
16the third reading file until the following day.
2071. A bill may not be placed on the Assembly Consent Calendar
21unless it has met the requirements of Joint Rule 22.1 with respect
22to each Assembly standing committee to which the bill has been
23referred.
2773. A concurrent or joint resolution may be amended by a
28majority vote of the Members present and voting. The ayes and
29noes may not be called upon the adoption of concurrent resolutions,
30except those authorizing expenditures of money, unless regularly
31demanded, or required by statute or the California Constitution.
3574. Any resolution upon which a rollcall vote is demanded
36requires an affirmative recorded vote of 41 or more Members for
37adoption.
38The adoption of any resolution authorizing the expenditure of
39money requires an affirmative recorded vote of 41 or more
40Members.
375. When any previously printed house resolution is before the
4Assembly for adoption, it may be printed in the Journal only if
5amendments to it have been adopted, in which case it shall be
6printed as amended. In the absence of those amendments, house
7resolutions before the Assembly for adoption shall be referred to
8by day and page of the Journal as printed upon introduction. For
9the purposes of this rule, the adding of a coauthor shall not be
10deemed an amendment.
1477. Concurrence in any Senate Amendment to an Assembly
15bill
requires the same affirmative recorded vote as the vote required
16by the California Constitution for the passage of the bill. A vote
17on concurrence may not be taken until the bill has been on the
18unfinished business file for one calendar day, except that when
19the bill is placed upon the unfinished business file during the last
20two legislative days preceding (1) the January 31 bill passage
21deadline specified by Section 10 of Article IV of the California
22Constitution, (2) the scheduled commencement of the interim study
23recess, or (3) the scheduled commencement of the final recess as
24specified by the Joint Rules of the Senate and Assembly, it may
25be acted upon immediately. The vote on concurrence shall be
26deemed the vote upon final passage of the bill.
27Senate amendments to Assembly bills may not be concurred in
28unless and until an analysis of the measure has been distributed
29by the Assembly Floor Analysis Unit and a copy placed upon the
30desks of the Members, unless
otherwise ordered by the Speaker.
31As used in this rule, “bill” does not include a joint or concurrent
32resolution, but does include a constitutional amendment.
3677.1. Whenever the Senate amends and passes an Assembly
37bill, the Legislative Counsel shall, within one day after the bill is
38passed by the Senate, prepare and transmit to the Chief Clerk and
39the Speaker a brief digest summarizing the effect of the Senate
40amendment. Upon receipt from the Legislative Counsel, the Chief
P50 1Clerk shall cause the digest to be printed in the Daily File
2immediately following any reference in the file to the bill covered
3by the digest.
777.2. If the analysis of an amendment adopted on the floor
8discloses
that the amendment makes a substantial substantive
9change to a bill as passed by the last committee of reference, the
10bill, as amended, may be referred by the Speaker to the appropriate
11committee.
12A bill that was previously reported from a policy or fiscal
13committee of reference in compliance with Joint Rule 61 is not
14subject to the deadlines in Joint Rule 61 if the bill is subsequently
15referred to a policy or fiscal committee pursuant to this rule.
16If the digest to an Assembly Bill that has been returned to the
17Assembly by the Senate for concurrence in Senate amendments
18discloses that the Senate has made a substantial substantive change
19in the bill as first passed by the Assembly, the bill may be referred
20by the Speaker to the appropriate committee.
2478. Whenever a bill has been
passed twice on the third reading
25file on two successive legislative days, it shall be placed forthwith
26upon a special file to be known as the inactive file. A bill also may
27be placed on the inactive file at the request of the author. When a
28bill has been placed on the inactive file, it may be returned to the
29third reading file by request of the author. Notice of the request to
30return the bill to the third reading file shall be published one day
31in advance in the Assembly File. The bill, when returned to the
32third reading file, shall then be placed at the foot of the third
33reading file.
34When a bill, placed on the inactive file from the second reading
35file or the unfinished business file, is removed from the inactive
36file, it shall be returned to the foot of the second reading file or
37the unfinished business file, respectively, in the next published
38Daily File.
379. The Engrossing and Enrolling Clerk shall engross and enroll
4all bills that come to his or her hands for that purpose, in
5compliance with the provisions of Section 9503 of the Government
6Code, and in the order of time in which the same shall be acted
7upon by the Assembly.
8After final passage by both houses, any Assembly bill not
9amended by the Senate shall be ordered by the Speaker forthwith
10to be enrolled, as provided in Sections 9508 and 9509 of the
11Government Code. The Chief Clerk shall report both the day and
12hour each enrolled bill is presented to the Governor, which report
13shall be entered in the Journal.
1980. When a question
is under debate or before the Assembly,
20no motions shall be received but the following, which shall take
21precedence in the order named:
22First--To adjourn;
23Second--To recess to a time certain;
24Third--To lay on the table;
25Fourth--For the previous question;
26Fifth--To set as a special order;
27Sixth--To postpone indefinitely;
28Seventh--To refer to or to re-refer;
29Eighth--To amend.
3381. All incidental questions of order, arising after a motion is
34made for any of the questions named in Rule 80 and pending that
35
motion, shall be decided by the Speaker without debate, whether
36on appeal or otherwise.
382. Any Member may appeal from a decision of the Speaker
4without waiting for recognition by the Speaker, even though
5another Member has the floor. An appeal is not in order when
6another is pending, or when other business has been transacted by
7the Assembly prior to the appeal being taken. Upon the appeal
8being seconded, the Speaker may give his or her reasons for the
9decision, and the Member making the appeal may give his or her
10reasons for the appeal, and the Speaker forthwith shall put one of
11the following questions to the Assembly:
12(1) “Shall the decision of the Speaker be sustained?”
13(2) “Shall the decision of the Speaker be overruled?”
14An appeal may not be amended and yields only to a motion to
15recess or adjourn, or to lay on the table, or a question of personal
16privilege. If an appeal is laid on the table, that action shall have
17no effect on the pending question.
18An appeal may not be debated when relating to indecorum, the
19transgression of rules, or the priority of business. A majority vote
20of the Members present and voting decides any appeal. In the event
21of a tie vote, the appeal is lost.
2583. The Speaker may, on his or her own motion or the motion
26of any Member, explain the order of business when the motion
27pending before the Assembly is not debatable. That explanation
28may not consume more than two minutes.
3284. A motion to adjourn is not debatable and may not be
33amended, and is always in order, except: (a) when another Member
34has the floor; (b) when the Assembly is voting; or (c) during a
35call of the Assembly. The name of any Member moving an
36adjournment, and the hour at which the motion was made and
37adjournment taken, shall be entered in the Journal. A motion to
38adjourn shall be adopted by a majority vote of the Members present
39and voting.
P53 1When a motion to adjourn is made and seconded, it shall be in
2order for the Speaker, before putting the question, to permit any
3Member to state to the Assembly any fact relating to the condition
4of the business of the Assembly which would seem to render it
5improper or inadvisable to adjourn. That statement may not occupy
6more than two minutes and is not debatable.
7An affirmative recorded vote of a majority of the duly elected
8and qualified Members is required to adjourn any session of the
9Assembly sine die.
1385. A motion to recess to a time certain is treated the same as
14a motion to adjourn, except that the motion is debatable when no
15business is before the Assembly, and can be amended as to the
16time and duration of the recess. It yields only to a motion to
17adjourn.
2186. A motion to lay on the table is not debatable and may not
22be amended.
23A motion to table a bill, constitutional amendment, or concurrent
24or joint resolution is adopted by an affirmative recorded vote of
2541 or
more Members.
26Any motion to lay on the table, if carried by 41 or more votes,
27carries with it the main question and everything that adheres to it,
28except that a motion to lay an amendment on the table, if adopted,
29does not carry with it a bill, constitutional amendment, or
30concurrent, joint, or house resolution.
31A motion to lay an amendment on the table is adopted by a
32majority vote of the Members present and voting.
33A motion to lay on the table may not be applied with respect to
34reconsideration.
3887. The previous question shall be put only when demanded
39by five Members, and its effect, when sustained by a majority vote
40of the Members present and voting, shall be to put an end to all
P54 1debate and bring the Assembly to a vote only
on the question then
2pending, except that the proponent of the matter pending shall be
3allowed not more than five minutes to close the debate.
788. A motion to set any matter before the Assembly as a special
8order of business is adopted by an affirmative recorded vote of 54
9or more members. The motion is debatable only as to the propriety
10of setting the main question as a special order of business, and
11may be amended only as to the time.
1589. A motion to postpone to a time certain is deemed and treated
16as a motion to set as a special order.
2090. The making of a motion to postpone indefinitely any bill,
21motion, or amendment opens the main question to debate. If the
22motion to postpone indefinitely prevails by an affirmative recorded
23vote of 41 or more Members, the main question may not be acted
24upon again during the session.
2891. A motion to amend may itself be amended, but an
29“amendment to an amendment” may not be amended. A motion
30to substitute is deemed to be a motion to amend and is considered
31the same as an amendment.
32Only one substitute is in order when an amendment is pending.
33A motion to amend or to substitute is debatable, except where the
34main question to be amended is not debatable. Any motion to
35amend may be adopted by a majority vote of the Members present
36and voting.
37A motion to amend that is decided in the negative is not again
38in order on the same day, or at the same stage of proceeding. The
39fact that a motion to amend by striking out certain words is decided
40in the negative does not preclude a motion to amend by adding
P55 1words, or a motion to amend by striking out and inserting words,
2except that in no case may a further amendment be substantially
3the same as the one rejected.
4Subject to the above provisions of this rule and Rule 69, a motion
5to amend is in order during the second or third reading of any bill.
992. An amendment to any bill, other than a bill stating
10legislative intent to make necessary statutory changes to implement
11the Budget Bill, whether reported by a committee or offered by a
12Member, is not in order when the
amendment relates to a different
13subject than, is intended to accomplish a different purpose than,
14or requires a title essentially different than, the original bill.
15A motion or proposition on a subject different from that under
16consideration may not be admitted as an amendment.
17An amendment is not in order that changes the original number
18of any bill.
19A Member may not be added or deleted as an author or coauthor
20of a bill or resolution without his or her consent.
2493. A motion, whether oral or written, may not be adopted until
25it is seconded and distinctly stated to the Assembly by the Speaker.
2994. Upon request of the Speaker, all motions shall be reduced
30to writing and shall be read to the Assembly by the Speaker before
31being acted upon.
3595. After a motion is stated by the Speaker, or a bill, resolution,
36or petition is read by the Chief Clerk, it is in the possession of the
37Assembly.
396. (a) A motion to withdraw a bill or resolution from
4committee, or to re-refer a bill or resolution from one committee
5to another committee, may be made during the regular order of
6business. A motion to re-refer may be debated only as to the
7propriety of the reference, and shall require an affirmative recorded
8vote
of 41 or more Members.
9(b) A bill or resolution may not be withdrawn from committee
10and placed upon the file, unless a motion to withdraw has been
11heard by, and has been approved by a majority vote of, the
12Committee on Rules. This subdivision does not apply to a bill in
13a fiscal committee that has been amended so as not to require its
14reference to a fiscal committee, as indicated by the Legislative
15Counsel’s Digest.
16(c) A motion to continue a motion to withdraw a bill or
17resolution from committee requires a majority of those members
18present and voting. A motion to withdraw a motion to withdraw
19is not in order.
2397. A motion to re-refer a bill or resolution that is on the
24Assembly Daily File to committee may be made
during the regular
25order of business. The motion is debatable only as to the propriety
26of that reference and shall require an affirmative recorded vote of
2741 or more Members.
3198. A motion to strike from the file any bill or resolution
32requires an affirmative recorded vote of 41 or more Members. That
33bill or resolution may not be acted upon again during the session.
3799. Previous to the approval of the Journal by the Assembly,
38any action may be rescinded and its record ordered expunged by
39the affirmative recorded vote sufficient to take that action
40originally, except that an action may not be rescinded and the
P57 1record expunged by a vote less than an affirmative recorded vote
2of 41
or more Members. A motion to rescind the action and
3expunge the record may not be made twice on the same proposition.
4A motion to rescind is not in order on any matter upon which a
5vote to reconsider has previously been taken in the Assembly.
6Whenever any action of the Assembly is rescinded and its record
7ordered expunged, the record of the action expunged may not
8appear in any form whatsoever, except that the record of the
9proceedings on the motion to rescind and expunge shall appear in
10the Journal as and when printed.
14100. (a) A motion to reconsider a vote on the next legislative
15day shall be made on the same day the vote to be reconsidered was
16taken. A motion to reconsider may not be adopted unless it receives
17an affirmative recorded vote of 41
or more Members. A motion
18to reconsider may be voted on without a second.
19A motion to reconsider a vote shall be made by a Member voting
20on the question, and takes precedence over all motions, except a
21motion to adjourn. Upon that motion being made, the matter to be
22reconsidered forthwith shall be placed upon the unfinished business
23file, and further action may not be taken prior to the next legislative
24day. When a motion to reconsider has once been made, the motion
25is the property of the Assembly. When reconsideration is granted,
26the matter to be reconsidered shall be before the Assembly in the
27same status it had prior to the vote being reconsidered.
28(b) (1) Interim Study Recess:
29No motion to reconsider the vote whereby amendments are
30concurred in on Assembly bills, the vote whereby a Senate bill is
31passed and returned to the Senate, or
the vote whereby a conference
32committee report is adopted is in order on the last two legislative
33days preceding the interim study recess.
34A motion to reconsider the vote whereby amendments are refused
35concurrence on Assembly bills, the vote whereby Senate bills are
36refused passage, or the vote whereby a conference committee
37report is refused adoption is in order on the last legislative day
38preceding the interim study recess. The motion may be taken up
39before the end of that legislative day.
P58 1As used in this paragraph, “bill” does not include a joint or
2concurrent resolution.
3(2) January 31--Even-numbered Year:
4A motion to reconsider the vote whereby an Assembly bill is
5passed to the Senate is not in order on the last two legislative days
6preceding January 31 of the even-numbered year.
7A motion to reconsider the vote whereby an Assembly bill is
8refused passage on its third reading is in order on the last legislative
9day preceding January 31 of the even-numbered year. The motion
10must be taken up before the end of that legislative day.
11As used in this paragraph, “bill” does not include a Senate bill,
12a constitutional amendment, or a joint or concurrent resolution.
13(3) Spring or Summer Recess:
14A motion to reconsider the vote whereby a bill is passed is not
15in order on the last two legislative days preceding the Spring or
16Summer Recess as established by the Joint Rules of the Senate
17and Assembly.
18(4) Deadline for Passage by House:
19A motion to reconsider the vote whereby an Assembly bill is
20passed to
the Senate is not in order on the last two legislative days
21preceding the last day for the Assembly to pass a bill introduced
22in the Assembly, as set forth in the Joint Rules of the Senate and
23the Assembly.
24As used in this paragraph, “bill” does not include a Senate bill,
25a constitutional amendment, or a joint or concurrent resolution.
26(5) Final Recess:
27A motion to reconsider the vote whereby a bill is passed is not
28in order on the last two legislative days preceding the final recess.
29A motion to reconsider the vote whereby a bill is defeated is in
30order on the day of the final recess. The motion must be taken up
31before the end of that legislative day.
32(c) Any Member voting on any matter may move to take up on
33the same day the motion, previously made by
another Member, to
34reconsider the vote on that matter. A motion to take up on the same
35day a motion to reconsider the vote on a bill requires an affirmative
36recorded vote of at least 41 Members. A motion to take up on the
37same day a motion to reconsider the vote on any motion,
38amendment, Assembly resolution, or proposition other than a bill
39requires an affirmative vote of a majority vote of the Members
40present and voting. The motion to take up the reconsideration on
P59 1the same day takes precedence over the motion to reconsider and,
2upon demand of any Member, the motion to take up the
3reconsideration on the same day shall be put to an immediate vote.
4If the motion to take up the reconsideration on the same day is
5adopted, the motion to reconsider is the next order of business
6before the Assembly.
7(d) A second motion to reconsider the same question is not in
8order, nor is a motion to reconsider reconsideration in order.
9(e) A motion to continue a motion to reconsider requires a
10majority vote of those Members present and voting.
14101. After the roll has been called, and prior to the
15announcement of the vote, any Member may move a call of the
16Assembly. The Members present may order a call of the Assembly
17by a majority vote of the Members present and voting, and the
18Speaker shall immediately order the Sergeant at Arms to lock all
19doors and direct the Chief Clerk to prepare a list of absentees as
20disclosed by the last rollcall. The list of absentees shall be furnished
21to the Sergeant at Arms, whereupon no Members shall be permitted
22to leave the Assembly Chamber except by written permission of
23the Speaker, and a person may not be permitted to enter except
24Members, Senators, or officers, or employees of the Legislature
25in
the official performance of their duties.
26Each Member who is found to be absent, and for whom a leave
27of absence has not been granted, shall be forthwith taken into
28custody wherever found by the Sergeant at Arms, his or her
29assistants, or any person designated by the Sergeant at Arms,
30including members of the California Highway Patrol, and sheriffs
31or their deputies, and brought to the Assembly Chamber.
32A recess or adjournment may not be taken during a call of the
33Assembly. Additional business may be conducted and calls placed
34regardless of the number of calls in effect. A call of the Assembly
35may be dispensed with at any time upon a majority vote of the
36Members present, that action to become effective upon the
37completion of the rollcall and the announcement of the vote upon
38the matter for which the call was ordered, unless, prior to the
39announcement of the vote, the call is continued by a majority vote
40of the Members
present.
3102. Any Member may call for a division of the question, and
4the Speaker shall order the question divided if it comprehends
5propositions in substance so distinct that, one being taken away,
6a substantive proposition would remain for the decision of the
7Assembly. This rule does not apply to an individual bill or
8resolution.
13104. Every Member in the Assembly Chamber when a rollcall
14is required shall record his or her vote openly and without debate,
15unless the Assembly excuses that member by a majority vote of
16the Members present and voting.
17A Member may not operate the voting switch of any other
18Member, except that a Member
presiding at the time of a rollcall,
19who is not the Speaker or the Speaker pro Tempore, may direct
20another Member on the floor to operate the voting switch of the
21presiding Member, and any Member so presiding, including the
22Speaker and the Speaker pro Tempore, may also operate the voting
23switches at the rostrum of the Speaker and the Speaker pro
24Tempore, at their direction.
25The name of any Member who refuses to vote as required by
26this rule, after being requested by the Speaker to do so, shall be
27entered in the Journal, together with a statement that he or she was
28present and did so refuse to vote. Any Member who refuses so to
29vote may, if he or she so desires, and immediately after the
30announcement of the vote, submit a written explanation of the
31failure to vote and that explanation shall be printed in the Journal,
32provided that no explanation may exceed 50 words in length.
33In addition to the entry of his or her name in
the Journal, any
34Member who refuses so to vote when required, and who has not
35been excused from doing so, may, immediately after the
36announcement of the vote, at the discretion of the Speaker or upon
37demand of any Member, be summoned to appear before the bar
38of the Assembly for public censure by the Speaker or by any
39Member designated by the Speaker. Censure of a Member as
40provided by this rule does not constitute a bar to proceedings for
P61 1his or her expulsion from the Assembly pursuant to Section 5 of
2Article IV of the California Constitution.
3A Member may submit a written explanation of his or her vote
4on any bill or house resolution, and that explanation shall be printed
5in the Journal immediately following the vote, provided that no
6explanation may exceed 50 words in length.
7A Member, prior to adjournment on the same legislative day, in
8the absence of any objection, may instruct the Chief Clerk to add
9his or her vote to
any previously announced vote that had been
10taken during his or her absence, so long as the outcome of the vote
11is not thereby changed. The Chief Clerk shall record any vote
12additions or vote changes in the order signed by the Members at
13the Clerk’s desk.
17105. The ayes and noes shall be recorded by the electrical voting
18system on the final passage of all bills, when an affirmative
19recorded vote of 41 Members or any vote above that number is
20required, when demanded by three Members, or when ordered by
21the Speaker. The names of the Members so voting shall be entered
22in the Journal.
26106. When once begun, voting may not be interrupted, except
27that, before the vote is announced, any Member may have the total
28
pending vote flashed on the visible vote recorder. Prior to the
29announcement of the vote, the presiding officer shall instruct the
30Chief Clerk to record verbal votes from Members not at their desks.
31Any Member may move a call of the Assembly after the
32completion of the roll. A Member, prior to adjournment on the
33same legislative day, and in the absence of any objection, may
34instruct the Chief Clerk to change his or her recorded vote after
35the vote is announced, so long as the outcome of the vote is not
36thereby changed. The Chief Clerk may record any vote change
37only after the Member making the change has announced it to the
38Assembly.
3107. In case of an equal division, or tie vote, the question shall
4be lost.
9108. When a Member desires to address the Assembly, the
10Member shall rise from his or her seat and respectfully address
11himself or herself to “Mr. Speaker” or “Madame Speaker.” Upon
12being recognized, the Member may speak, confining himself or
13herself to the question under consideration. When two or more
14Members rise at the same time, the Speaker shall designate the
15Member who is entitled to the floor.
16A Member may not speak more than once during the
17consideration of any one question on the same day and at the same
18stage of proceeding, except that the author of a bill or resolution
19or the mover of a question has the right to open and close the debate
20thereon. A Member may not be allowed to speak more than five
21minutes to open and five minutes to close the debate on any
22question, including amendments, and no Member other than the
23author or the mover of the question may be allowed to speak
more
24than five minutes thereon. A Member may not yield to any other
25Member the time for which he or she is entitled to speak on any
26matter.
30108.1. (a) In accordance with Rule 10, Members of the
31Assembly shall conduct themselves in accordance with the rules
32of decorum specified in Sections 120 to 126, inclusive, of Mason’s
33Manual of Legislative Procedure.
34(b) Notwithstanding subdivision (a), the Committee on Rules
35may adopt additional rules of decorum by majority vote of the
36membership of the committee.
3109. When a Member desires to make a motion, the Member
4shall obtain recognition as provided in Rule 108. Upon being
5recognized, the
Member shall open by stating his or her motion,
6except in the case of a nomination, and in any other case may not
7speak to the merits of the motion at that time, but shall confine his
8or her remarks to those necessary to explain the motion. If the
9motion is in order and is seconded, it shall be stated to the
10Assembly by the Speaker. If the motion is debated, the Member
11who made it shall then be entitled to recognition to open the debate
12on the motion.
13When a Member obtains the floor during debate upon any
14question that is pending before the Assembly and addresses the
15Assembly regarding the merits of the pending question, the
16Member may not be permitted to conclude his or her debate by
17making any motion or by demanding the previous question.
21110. A Member may not absent himself or herself from
22attendance at any session
of the Assembly without leave of the
23Assembly. A Member may not obtain that leave of absence or be
24excused for nonattendance except by a vote of 54 or more Members
25or by unanimous consent. A Member who obtains a leave of
26absence for personal business, or is excused for nonattendance for
27personal business, thereby waives his or her per diem allowance
28for attendance upon any session of the Legislature for which he
29or she secures that leave of absence or excuse. A Member may not
30obtain a leave of absence for legislative business or be excused
31for nonattendance for legislative business unless the Member has
32filed with the Speaker a statement of the legislative business for
33which he or she seeks that leave of absence or excuse. That
34statement shall be printed in the Journal.
35If a Member is not recorded on the attendance roll within 30
36minutes after the scheduled start of the session, the Member shall
37stand up before the Assembly and explain the reason he or she is
38late
before he or she is recorded on the rollcall for any vote. If a
39Member does not explain his or her reason for being late, any other
40Member may raise a point of order under this rule, whereupon the
P64 1tardy Member’s vote may not be recorded until an explanation is
2made.
6111. Any Member may rise to explain a matter of personal
7privilege. A matter of personal privilege is a matter involving the
8Member’s integrity, dignity, or honor. Upon rising to explain such
9a matter, the Member forthwith shall be recognized by the Speaker,
10but may not discuss a question in that explanation. Matters of
11personal privilege yield only to a motion to recess or adjourn.
15112. Any Member, upon recognition by the Speaker,
may object
16to the reading of any paper before the Assembly. When that
17objection is made, the question of reading shall be determined
18without debate by a majority vote of the Members present and
19voting, upon a brief statement by the Speaker of the substance of
20the objection.
24113. A Member or other person may not be allowed at the Chief
25Clerk’s desk while the ayes and noes are being recorded or the
26votes counted.
30114. If any Member transgresses the Rules of the Assembly,
31the Speaker shall, or any Member may, call the offending Member
32to order. The Member so called to order immediately shall take
33his or her seat, until the Speaker, without debate, has determined
34whether
the Member is in order. That decision by the Speaker shall
35be subject to an appeal to the Assembly.
36If any Member is called to order for offensive words spoken in
37debate, the person calling him or her to order shall state to the
38Assembly the words to which exception is taken. No Member may
39be held to answer, or be subject to censure by the Assembly, for
P65 1language used in debate if other business has been transacted by
2the Assembly prior to exception being taken to the words spoken.
7115. The Assembly may resolve itself into a Committee of the
8Whole at any time by a majority vote of the Members present and
9voting. While sitting as that committee, persons other than
10Members may address the committee. The Speaker of the
11Assembly, or any Member named by the Speaker, shall
preside as
12Chairperson of the Committee of the Whole.
13A motion that the Committee of the Whole “do now rise and
14report back to the Assembly,” shall always be in order and shall
15be decided without debate. All actions of the Committee of the
16Whole shall be reported to the Assembly by the chairperson, but
17may not be entered in the Journal except upon motion and a
18majority vote of the Members present and voting.
22116. The Assembly Chamber may not be used for any public
23or private business, other than legislative matters, except upon
24approval of the Speaker or the Chair of the Committee on Rules.
28117. The smoking of tobacco products is prohibited
within any
29building, or portion of a building, occupied or used by Assembly
30Members or employees if the building or portion of the building
31is under the jurisdiction or control of the Assembly. This smoking
32prohibition shall apply to any outdoor area within five feet of an
33entrance or exit to any building or portion of a building subject to
34this rule. This smoking prohibition shall apply to the Assembly
35Chamber, Assembly hearing rooms, and Assembly offices, and to
36hallways, stairways, and bathrooms within any building or portion
37of a building subject to this rule.
3117.5. While on the floor of the Assembly during any session
4of the Assembly, or while serving on a committee during any
5hearing of that committee, a Member may not do either of the
6following:
7(a) Use a cellular telephone to make or receive calls.
8(b) Send text messages to, or receive text messages from, any
9lobbyist.
13117.7. A person, except a peace officer acting within the scope
14of his or her employment, may not carry or possess a firearm on
15the floor of the Assembly during any session of the Assembly or
16in a committee hearing room during any meeting of a committee
17or subcommittee.
21118. A person other than Members of the Legislature, officers,
22employees of the Legislature, accredited members of the press,
23and guests may not be admitted to the floor of the Assembly during
24any session of the Assembly. A guest of any Member may
be
25admitted only upon presentation of a guest card of the Member
26countersigned by the Speaker. A guest card is valid only on the
27legislative day for which it is issued. A lobbyist, as defined by
28Section 82039 of the Government Code, may not, under any
29circumstances, be admitted to the Assembly Chamber while the
30Assembly is in session.
31Persons admitted to the Assembly Chamber, other than Members,
32may not be permitted to stand in the Lobby in the rear of the
33Assembly Chamber while the Assembly is in session, but shall be
34required to occupy the seats provided for them.
35Guests may be seated only in the chairs in the back of the rail
36in the rear of the Assembly Chamber, and may not be permitted
37to sit at the desks of the Members. No person other than an
38accredited newspaper representative may be permitted to sit at the
39press desks. A special section in the balcony may be reserved for
40those holding guest cards. Neither any person
mentioned in this
P67 1rule nor any other person, except a Member of the Legislature,
2may engage in influencing the passage or defeat of legislation in
3the Assembly Chamber.
4A person other than a Member of the Legislature, the Sergeant
5at Arms or his or her assistants, the Chief Clerk or his or her
6assistants, or the Legislative Counsel or his or her representatives,
7may not be permitted in the area of the floor of the chamber which
8is occupied by the desks of the Members.
12118.1. Notwithstanding any other provision of these Rules,
13Members of the Legislature, officers or employees of the
14Legislature, accredited members of the press, or any other persons
15may be restricted from admission to the floor of the Assembly
16during any session if they are inappropriately attired. The
17Committee on Rules may, as necessary, adopt policies to
18
implement this rule.
22119. An affirmative vote of 41 or more Members shall be
23required to determine the qualifications and election of any
24Member pursuant to Section 5 of Article IV of the California
25Constitution. A motion to disqualify a Member is not in order at
26the convening of a legislative session until a Speaker has been
27elected in accordance with Section 9023 of the Government Code.
31120. If a Member of the Assembly is convicted of a felony by
32a superior court, his or her right to further compensation or
33expenses is thereupon suspended, and his or her membership on
34any committee is thereupon suspended. If the conviction becomes
35final, the right
of the Member to further compensation or expenses
36shall terminate and any compensation or expenses withheld shall
37be forfeited to the state. If the conviction is reversed by an appellate
38court or a motion for a new trial is granted, and the Member is
39thereafter found not guilty or the charges against him or her are
40dismissed, the amounts of the withheld compensation or expenses
P68 1shall be paid to the Member and the suspension of his or her
2committee membership shall terminate.
3Whenever a Member is convicted of a felony in the superior
4court, the Committee on Rules shall give written notice thereof to
5the Controller, directing him or her to discontinue any further
6payments to the Member unless and until the Committee on Rules
7notifies the Controller that the Member has been found not guilty
8or that the charges against him or her are dismissed. The Controller
9may not draw any warrant payable to that Member except as
10provided in this rule.
14121. The Seal of the Assembly may be used only by or on
15behalf of a Member of the Assembly, or when specifically
16authorized by the Committee on Rules.
20122. Pursuant to Section 9795 of the Government Code, any
21report required or requested by law to be submitted by a state or
22local agency to the Members, or to the Legislature generally, shall
23be submitted as an electronic copy to the Chief Clerk.
O
99