Senate Concurrent Resolution No. 37

Introduced by Senator De León

April 9, 2015

Senate Concurrent Resolution No. 37—Relative to the adoption of the Joint Rules of the Senate and Assembly for the 2015–16 Regular Session.

LEGISLATIVE COUNSEL’S DIGEST

SCR 37, as introduced, De León. Joint Rules.

This measure adopts the Joint Rules of the Senate and Assembly for the 2015-16 Regular Session.

Fiscal committee: no.

Resolved by the Senate of the State of California, the Assembly
thereof concurring, That the following rules be adopted as the
Joint Rules of the Senate and Assembly for the 2015-16 Regular
Session:

JOINT RULES OF THE SENATE AND ASSEMBLY

Standing Committees

1. Each house shall appoint standing committees as the business
of the house may require, the committees, the number of members,
and the manner of selection to be determined by the rules of each
house.

Joint Meeting of Committees

3. Whenever any bill has been referred by the Senate to one of
its committees, and the same or a like bill has been referred by the
Assembly to one of its committees, the chairpersons of the
respective committees, when in their judgment the interests of
legislation or the expedition of business will be better served
thereby, shall arrange for a joint meeting of their committees for
the consideration of the bill.

Effect of Adoption of Joint Rules

3.5. The adoption of the Joint Rules for any extraordinary
session may not be construed as modifying or rescinding the Joint
Rules of the Senate and Assembly for any previous session, nor
as affecting in any way the status or powers of the committees
created by those rules.

Definition of Word “Bill”

4. Whenever the word “bill” is used in these rules, it includes
any constitutional amendment, any resolution ratifying a proposed
amendment to the United States Constitution, and any resolution
calling for a constitutional convention.

Concurrent and Joint Resolutions

5. Concurrent resolutions relate to matters to be treated by both
houses of the Legislature.

Joint resolutions relate to matters connected with the federal
government.

Resolutions Treated as Bills

6. Concurrent and joint resolutions, other than resolutions
ratifying proposed amendments to the United States Constitution
and resolutions calling for constitutional conventions, shall be
treated in all respects as bills except as follows:

(a) They shall be given only one formal reading in each house.

(b) They may not be deemed bills within the meaning of
subdivision (a) of Section 8 of Article IV of the California
Constitution.

(c) They may not be deemed bills for the purposes of Rules
10.8, 53, 55, 56, and 61, subdivisions (a) and (c) of Rule 54, and
subdivisions (a) and (b) of Rule 62.

(d) They may not, except for those relating to voting procedures
on the floor or in committee, be deemed bills for the purposes of
subdivision (c) of Rule 62.

PREPARATION AND INTRODUCTION OF BILLS

Title of Bill

7. The title of every bill introduced shall convey an accurate
idea of the contents of the bill and shall indicate the scope of the
act and the object to be accomplished. In amending a code section,
the mere reference to the section by number is not deemed
sufficient.

Division of Bill Into Sections

8. A bill amending more than one section of an existing law
shall contain a separate section for each section amended.

Bills that are not amendatory of existing laws shall be divided
into short sections, where this can be done without destroying the
sense of any particular section, to the end that future amendments
may be made without the necessity of setting forth and repeating
sections of unnecessary length.

Digest of Bills Introduced

8.5. A bill may not be introduced unless it is contained in a
cover attached by the Legislative Counsel and it is accompanied
by a digest, prepared and attached to the bill by the Legislative
Counsel, showing the changes in the existing law that are proposed
by the bill. A bill may not be printed where the body of the bill or
the Legislative Counsel’s Digest has been altered, unless the
alteration has been approved by the Legislative Counsel. If any
bill is presented to the Secretary of the Senate or Chief Clerk of
the Assembly for introduction that does not comply with the
foregoing requirements of this rule, the Secretary or Chief Clerk
shall return it to the Member who presented it. The digest shall be
printed on the bill as introduced, commencing on the first page
thereof.

Digest of Bills Amended

8.6. Whenever a bill is amended in either house, the Secretary
of the Senate or the Chief Clerk of the Assembly, as the case may
be, shall request the Legislative Counsel to prepare an amended
digest and cause it to be printed on the first page of the bill as
amended. The digest shall be amended to show changes in the
existing law that are proposed by the bill as amended, with any
material changes in the digest indicated by the use of appropriate
type.

Errors in Digest

8.7. If a material error in a printed digest referred to in Rule
8.5 or 8.6 is brought to the attention of the Legislative Counsel,
he or she shall prepare a corrected digest that shows the changes
made in the digest as provided in Rule 10 for amendments to bills.
He or she shall deliver the corrected digest to the Secretary of the
Senate or the Chief Clerk of the Assembly, as the case may be. If
the correction so warrants in the opinion of the President pro
Tempore of the Senate or the Speaker of the Assembly, a corrected
print of the bill as introduced shall be ordered with the corrected
digest printed thereon.

Bills Amending Title 9 of the Government Code

8.8. A Member who is the first-named author of a bill that
would amend, add, or repeal any provision of Title 9 (commencing
with Section 81000) of the Government Code, upon introduction
or amendment of the bill in either house, shall notify the Chief
Clerk of the Assembly or the Secretary of the Senate, as the case
may be, of the nature of the bill. Thereafter, the Chief Clerk of the
Assembly or the Secretary of the Senate shall deliver a copy of
the bill as introduced or amended to the Fair Political Practices
Commission pursuant to Section 81012 of the Government Code.

Bills Amending the California Stem Cell Research and Cures
Act

8.9. A Member who is the first-named author of a bill that
would amend, add, or repeal any statutory provision of the
California Stem Cell Research and Cures Act, other than the bond
provisions thereof, upon introduction or amendment of the bill in
either house, shall notify the Chief Clerk of the Assembly or the
Secretary of the Senate, as the case may be, of the nature of the
bill. At least 14 days prior to passage in the Assembly or Senate,
respectively, the Chief Clerk of the Assembly or the Secretary of
the Senate shall make copies of the bill as introduced or amended
available in the Bill Room for access by the public and news media.

Bills Amending Section 6 of the Smaller Classes, Safer Schools
and Financial Accountability Act

8.95. A Member who is the first-named author of a bill that
would amend, add, or repeal Section 47614 of the Education Code,
upon introduction or amendment of the bill in either house, shall
notify the Chief Clerk of the Assembly or the Secretary of the
Senate, as the case may be, of the nature of the bill. At least 14
days prior to passage in the Assembly or Senate, respectively, the
Chief Clerk of the Assembly or the Secretary of the Senate shall
make copies of the bill as introduced or amended available in the
Bill Room for access by the public and news media.

Restrictions as to Amendments

9. A substitute or amendment must relate to the same subject
as the original bill, constitutional amendment, or resolution under
consideration. An amendment is not in order when all that would
be done to the bill is the addition of a coauthor or coauthors, unless
the Committee on Rules of the house in which the amendment is
to be offered grants prior approval.

Changes in Existing Law to be Marked by Author

10. In a bill amending or repealing a code section or a general
law, any new matter shall be underlined, and any matter to be
omitted shall be in type bearing a horizontal line through the center
and commonly known as “strikeout” type. When printed the new
matter shall be printed in italics, and the matter to be omitted shall
be printed in “strikeout” type.

In an amendment to a bill that sets out for the first time a section
being amended or repealed, any new matter to be added and any
matter to be omitted shall be indicated by the author and shall be
printed in the same manner as though the section as amended or
repealed was a part of the original bill and was being printed for
the first time.

When an entire code is repealed as part of a codification or
recodification, or when an entire title, part, division, chapter, or
article of a code is repealed, the sections comprising the code, title,
part, division, chapter, or article shall not be set forth in the bill or
amendment in strikeout type.

Rereferral to Fiscal and Rules Committees

10.5. A bill shall be rereferred to the fiscal committee of each
house when it would do any of the following:

(1) Appropriate money.

(2) Result in a substantial expenditure of state money.

(3) Result in a substantial increase or loss of revenue to the
state.

(4) Result in substantial reduction of expenditures of state money
by reducing, transferring, or eliminating any existing
responsibilities of any state agency, program, or function.

Concurrent and joint resolutions shall be rereferred to the fiscal
committee of each house when they contemplate any action that
would involve any of the following:

(1) Any substantial expenditure of state money.

(2) Any substantial loss of revenue to the state.

The above requirements do not apply to bills or concurrent
resolutions that contemplate the expenditure or allocation of
operating funds.

This rule may be suspended in either house as to any particular
bill by approval of the Committee on Rules of the house and
two-thirds vote of the membership of the house.

Short Title

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

Heading of Bills

10.7. A bill or resolution may be authored only by a Member
or committee of the house of origin. Members or committees that
are not of the house of origin may be “principal coauthors” or
“coauthors.” A bill may not indicate in its heading or elsewhere
that it was introduced at the request of a state agency or officer or
any other person. A bill may not contain the words “By request”
or words of similar import.

Consideration of Bills

10.8. The limitation contained in subdivision (a) of Section 8
of Article IV of the Constitution may be dispensed with as follows:

(a) A written request for dispensation entitled “Request to
Consider and Act on Bill Within 30 Calendar Days” shall be filed
with the Chief Clerk of the Assembly or the Secretary of the
Senate, as the case may be, and transmitted to the Committee on
Rules of the appropriate house.

(b) The Committee on Rules of the Assembly or Senate, as the
case may be, shall determine whether there exists an urgent need
for dispensing with the 30-calendar-day waiting period following
the bill’s introduction.

(c) If the Committee on Rules recommends that the waiting
period be dispensed with, the Member may offer a resolution,
without further reference thereof to committee, authorizing hearing
and action upon the bill before the 30 calendar days have elapsed.
The adoption of the resolution requires an affirmative recorded
vote of three-fourths of the elected Members of the house in which
the resolution is presented.

Printing of Amendments

11. (a) Any bill amended by either house shall be immediately
reprinted. Except as otherwise provided in subdivision (b), if new
matter is added by the amendment, the new matter shall be printed
in italics in the printed bill; if matter is omitted, the matter to be
omitted shall be printed in strikeout type. When a bill is amended
in either house, the first or previous markings shall be omitted.

(b) If amendments to a bill, including the report of a committee
on conference, are adopted that omit the entire contents of the bill,
the matter omitted need not be reprinted in the amended version
of the bill. Instead, the Secretary of the Senate or the Chief Clerk
of the Assembly, as the case may be, may select the amended bill
and cause to be printed a brief statement to appear after the last
line of the amended bill identifying which previously printed
version of the bill contains the complete text of the omitted matter.

Manner of Printing Bills

12. The State Printer shall observe the directions of the Joint
Rules Committee in printing all bills, constitutional amendments,
and concurrent and joint resolutions.

Distribution of Legislative Publications

13. The Secretary of the Senate and the Chief Clerk of the
Assembly shall order a sufficient number of bills and legislative
publications as may be necessary for legislative requirements.

A complete list of bills may not be delivered except upon
payment therefor of the amount fixed by the Joint Rules Committee
for any regular or extraordinary session. No more than one copy
of any bill or other legislative publication, nor more than a total
of 100 bills or other legislative publications during a session, may
be distributed free to any person, office, or organization. The
limitations imposed by this paragraph do not apply to Members
of the Legislature, the Secretary of the Senate, or the Chief Clerk
of the Assembly for the proper functioning of their respective
houses; the Legislative Counsel Bureau; the Attorney General’s
office; the Secretary of State’s office; the Controller’s office; the
State Treasurer’s office; the Insurance Commissioner’s office; the
Superintendent of Public Instruction; the State Board of
Equalization; the Governor’s office; the Lieutenant Governor’s
office; the Clerk of the Supreme Court; the clerk of the court of
appeal for each district; the Judicial Council; the California Law
Revision Commission; the State Library; the Library of Congress;
the libraries of the University of California at Berkeley and at Los
Angeles; or accredited members of the press. The State Printer
shall fix the cost of the bills and publications, including postage,
and moneys as may be received by him or her shall, after deducting
the cost of handling and mailing, be remitted on the first day of
each month, one-half each to the Secretary of the Senate and the
Chief Clerk of the Assembly for credit to legislative printing.
Legislative publications heretofore distributed through the Bureau
of Documents shall be distributed through the Bill Room. Unless
otherwise provided for, the total number of each bill to be printed
may not exceed 2,500.

Legislative Index

13.1. The Legislative Counsel shall provide for the periodic
publication of a cumulative Legislative Index, which shall include
tables of sections affected by pending legislation. The State Printer
shall print the Legislative Index in the quantities, and at the times,
determined by the Secretary of the Senate and the Chief Clerk of
the Assembly. The costs of that printing shall be paid from the
legislative printing appropriation.

Summary Digest

13.3. The Legislative Counsel shall compile and prepare for
publication a summary digest of legislation passed at each regular
and extraordinary session, which digest shall be prepared in a form
suitable for inclusion in the publication of statutes. The digest shall
be printed as a separate legislative publication on the order of the
Joint Rules Committee, and may be made available to the public
in the quantities, and at the prices, determined by the Joint Rules
Committee.

Statutory Record

13.5. The Legislative Counsel shall prepare for publication
from time to time a cumulative statutory record. The statutory
record shall be printed as a legislative publication on the order of
the Secretary of the Senate or the Chief Clerk of the Assembly.

OTHER LEGISLATIVE PRINTING

Printing of the Daily Journal

14. The State Printer shall print, in the quantities directed by
the Secretary of the Senate and the Chief Clerk of the Assembly,
copies of the Daily Journal of each day’s proceedings of each
house. At the end of the session he or she shall also print, as
directed by the Secretary of the Senate and the Chief Clerk of the
Assembly, a sufficient number of copies properly paged after being
corrected and indexed by the Secretary of the Senate and the Chief
Clerk of the Assembly, to bind in book form as the Daily Journal
of the respective houses of the Legislature.

What Shall Be Printed in the Daily Journal

15. The following shall be printed in the Daily Journal of each
house:

(a) Messages from the Governor and messages from the other
house, and the titles of all bills, joint and concurrent resolutions,
and constitutional amendments when introduced in, offered to, or
acted upon by, the house.

(b) Every vote taken in the house, and a statement of the contents
of each petition, memorial, or paper presented to the house.

(c) A true and accurate account of the proceedings of the house,
when not acting as a Committee of the Whole.

Printing of the Daily File

16. A Daily File of bills ready for consideration shall be printed
each day for each house when the Legislature is not in joint recess,
except days when a house does not meet.

Printing of History

17. Each house shall cause to be printed, once each week, a
complete Weekly History of all bills, constitutional amendments,
and concurrent, joint, and house resolutions originating in,
considered by, or acted upon by, the respective houses and
committees thereof. A regular form shall be prescribed by the
Secretary of the Senate and the Chief Clerk of the Assembly. The
Weekly History shall show the action taken upon each measure
up to and including the legislative day preceding its issuance.
Except for periods when the houses are in joint recess, for each
day intervening there shall be published a Daily History or
summary showing the consideration given to or action taken upon
any measure since the issuance of the complete Weekly History.

Authority for Printing Orders

18. The State Printer may not print for use of either house, nor
charge to legislative printing, any matter other than provided by
law or by the rules, except upon a written order signed by the
Secretary of the Senate, on behalf of the Senate, or the Chief Clerk
of the Assembly or other person authorized by the Assembly, on
behalf of the Assembly. Persons authorized to order printing under
this rule may, when necessity requires it, order certain matter
printed in advance of the regular order, by the issuance of a rush
order.

The Secretary of the Senate, on behalf of the Senate, and the
Chief Clerk of the Assembly or other person authorized by the
Assembly, on behalf of the Assembly, are hereby authorized and
directed to order and distribute for the Members stationery and
legislative publications for which there is a demand, and, subject
to the rules of their respective houses, to approve the bills covering
those orders. All bills for printing must be presented by the State
Printer within 30 days after the completion of the printing.

RECORD OF BILLS

Secretary and Chief Clerk to Keep Records

19. The Secretary of the Senate and the Chief Clerk of the
Assembly shall keep a complete and accurate record of every action
taken by the Senate and Assembly on every bill.

Secretary and Chief Clerk Shall Endorse Bills

20. The Secretary of the Senate and the Chief Clerk of the
Assembly shall endorse on every original or engrossed bill a
statement of any action taken by the Senate or Assembly
concerning the bill.

ACTION IN ONE HOUSE ON BILL TRANSMITTED FROM
THE OTHER

After a Bill Has Been Passed by the Senate or Assembly

21. When a bill has been passed by either house it shall be
transmitted promptly to the other, unless a motion to reconsider
or a notice of motion to reconsider has been made or it is held
pursuant to some rule or order of the house.

The procedure of referring bills to committees shall be
determined by the respective houses.

Messages to Be in Writing Under Proper Signatures

22. Notice of the action of either house to the other shall be in
writing and under the signature of the Secretary of the Senate or
the Chief Clerk of the Assembly, as the case may be. A receipt
shall be taken from the officer to whom the message is delivered.

Consent Calendar: Uncontested Bills

22.1. Each standing committee may report an uncontested bill
out of committee with the recommendation that it be placed on
the Consent Calendar. The Secretary of the Senate and the Chief
Clerk of the Assembly shall provide to each committee chairperson
appropriate forms for that report. As used in this rule, “uncontested
bill” means a bill that (a) receives a do-pass or do-pass-as-amended
recommendation from the committee to which it is referred, by
unanimous vote of the members present provided a quorum is
present, (b) has no opposition expressed by any person present at
the committee meeting with respect to the final version of the bill
as approved by the committee, and (c) prior to final action by the
committee, has been requested by the author to be placed on the
Consent Calendar.

Consent Calendar

22.2. Following its second reading and the adoption of any
committee amendments thereto, any bill certified by the committee
chairperson as an uncontested bill shall be placed by the Secretary
of the Senate or the Chief Clerk of the Assembly on the Consent
Calendar, and shall be known as a “Consent Calendar bill.” Any
Consent Calendar bill that is amended from the floor shall cease
to be a Consent Calendar bill and shall be returned to the Third
Reading File. Upon objection of any Member to the placement or
retention of any bill on the Consent Calendar, the bill shall cease
to be a Consent Calendar bill and shall be returned to the Third
Reading File. No Consent Calendar bill may be considered for
adoption until the second legislative day following the day of its
placement on the Consent Calendar.

Consideration of Bills on Consent Calendar

22.3. A bill on the Consent Calendar is not debatable, except
that the President pro Tempore of the Senate or the Speaker of the
Assembly shall allow a reasonable time for questions from the
floor and shall permit a proponent of the bill to answer the
questions. Immediately prior to voting on the first bill on the
Consent Calendar, the President pro Tempore of the Senate or the
Speaker of the Assembly shall call to the attention of the Members
the fact that the next rollcall will be the rollcall on the first bill on
the Consent Calendar.

The Consent Calendar shall be considered as the last order of
business on the Daily File.

PASSAGE AND ENROLLING OF BILL

Procedure on Defeat of More Than Majority Bill

23.5. Whenever a bill containing a section or sections requiring
for passage an affirmative recorded vote of more than 21 votes in
the Senate and more than 41 votes in the Assembly is being
considered for passage, and the urgency clause, if the bill is an
urgency bill, or the bill, in any case, fails to receive the necessary
votes to make all sections effective, further action may not be taken
on the bill, except that an amendment to remove all sections
requiring the higher vote for passage from the bill shall be in order
prior to consideration of further business. If the amendment is
adopted, the bill shall be reprinted to reflect the amendment. When
the bill is reprinted, it shall be returned to the same place on the
file that it occupied when it failed to receive the necessary votes.

Enrollment of Bill After Passage

24. After a bill has passed both houses it shall be printed in
enrolled form, omitting symbols indicating amendments, and shall
be compared by the Engrossing and Enrolling Clerk and the proper
committee of the house where it originated to determine that it is
in the form approved by the houses. The enrolled bill shall
thereupon be signed by the Secretary of the Senate and Chief Clerk
of the Assembly and, except as otherwise provided by these rules,
presented without delay to the Governor. The committee shall
report the time of presentation of the bill to the Governor to the
house and the record shall be entered in the Daily Journal. After
enrollment and signature by the officers of the Legislature,
constitutional amendments, and concurrent and joint resolutions,
shall be filed without delay in the office of the Secretary of State
and the time of filing shall be reported to the house and the record
entered in the Daily Journal.

AMENDMENTS AND CONFERENCES

Amendments to Amended Bills Must Be Attached

25. Whenever a bill or resolution that has been passed in one
house is amended in the other, it shall immediately be reprinted
as amended by the house making the amendment or amendments.
One copy of the amendment or amendments shall be attached to
the bill or resolution so amended, and endorsed “adopted”; the
amendment or amendments, if concurred in by the house in which
the bill or resolution originated, shall be endorsed “concurred in”;
and the endorsement shall be signed by the Secretary or Assistant
Secretary of the Senate, or the Chief Clerk or Assistant Clerk of
the Assembly, as the case may be. However, an amendment to the
title of a bill adopted after the passage of the bill does not
necessitate reprinting, but the amendment must be concurred in
by the house in which the bill originated.

Amendments to Concurrent and Joint Resolutions

25.5. When a concurrent or joint resolution is amended, and
the only effect of the amendments is to add coauthors, the joint or
concurrent resolution may not be reprinted unless specifically
requested by one of the added coauthors, but a list of the coauthors
shall appear in the Daily Journal and History.

To Concur or Refuse to Concur in Amendments

26. If the Senate amends and passes an Assembly bill, or the
Assembly amends and passes a Senate bill, the Senate (if it is a
Senate bill) or the Assembly (if it is an Assembly bill) must either
“concur” or “refuse to concur” in the amendments. If the Senate
concurs (if it is a Senate bill), or the Assembly concurs (if it is an
Assembly bill), the Secretary of the Senate or Chief Clerk of the
Assembly shall so notify the house making the amendments, and
the bill shall be ordered to enrollment.

Reference to Committee

26.5. Pursuant to Rule 26, whenever a bill is returned to its
house of origin for a vote on concurrence in an amendment made
in the other house, the Legislative Counsel shall promptly prepare
and transmit to the Chief Clerk of the Assembly and the Speaker
of the Assembly in the case of an Assembly bill, or to the Secretary
of the Senate and Chairperson of the Senate Committee on Rules
in the case of a Senate bill, a brief digest summarizing the effect
of the amendment made in the other house. The Secretary or Chief
Clerk shall, upon receipt from the Legislative Counsel, cause the
digest to be printed in the Daily File immediately following any
reference to the bill covered by the digest. A motion to concur or
refuse to concur in the amendment is not in order until the
Legislative Counsel’s Digest has appeared in the Daily File or an
analysis of the bill has been prepared and distributed pursuant to
Senate Rule 29.8 or Assembly Rule 77.

If the digest discloses that the amendment of the other house has
made a substantial substantive change in the bill as first passed by
the house of origin, the bill, if it is a Senate bill, shall, on motion
of the Chairperson of the Senate Committee on Rules, be referred
to the Senate Committee on Rules for reference to an appropriate
standing committee. If the bill is an Assembly bill, it may be
referred by the Speaker to the appropriate committee.

Upon receipt of the bill, the committee may, by a vote of a
majority of its membership, recommend concurrence or
nonconcurrence in the amendment or hold the bill in committee.
The committee shall be subject to all the requirements for
procedure provided under Rule 62 for committees, other than
committees of first referral, and shall be subject to other
requirements for normal committee procedure as the Assembly or
Senate may separately provide in the standing rules of their
respective houses.

Any of the provisions of this rule may be dispensed with regard
to a particular bill in its house of origin upon an affirmative vote
of a majority of the Members of that house.

Concurring in Amendments Adding Urgency Section

27. When a bill that has been passed in one house is amended
in the other by the addition of a section providing that the act shall
take effect immediately as an urgency statute, and is returned to
the house in which it originated for concurrence in the amendment
or amendments thereto, the procedure and vote thereon shall be
as follows:

The presiding officer shall first direct that the urgency section
be read and put to a vote. If two-thirds of the membership of the
house vote in the affirmative, the presiding officer shall then direct
that the question of whether the house shall concur in the
amendment or amendments shall be put to a vote. If two-thirds of
the membership of the house vote in the affirmative, concurrence
in the amendments shall be effective.

If the affirmative vote on either of the questions is less than
two-thirds of the membership of the house, the effect is a refusal
to concur in the amendment or amendments, and the procedure
thereupon shall be as provided in Rule 28.

When Senate or Assembly Refuses to Concur

28. If the Senate (if it is a Senate bill) or the Assembly (if it is
an Assembly bill) refuses to concur in amendments to the bill made
by the other house, and the other house has been notified of the
refusal to concur, a conference committee shall be appointed for
each house in the manner prescribed by these rules. The Senate
Committee on Rules, on behalf of the Senate, and the Speaker of
the Assembly, on behalf of the Assembly, shall each appoint a
committee of three on conference, and the Secretary of the Senate
or the Chief Clerk of the Assembly shall immediately notify the
other house of the action taken.

Committee on Conference

28.1. (a) The Senate Committee on Rules and the Speaker of
the Assembly, in appointing a committee on conference, shall each
select two members from those voting with the majority on the
point about which the difference has arisen, and the other member
from the minority, in the event there is a minority vote.

Whether a member has voted with the majority or minority on
the point about which the difference has arisen is determined by
his or her vote on the appropriate rollcall, as follows:

(1) In the Assembly--

(A) The rollcall on the question of final passage of a Senate bill
amended in the Assembly when the Senate has refused to concur
with the Assembly amendments.

(B) The rollcall on the question of concurrence with Senate
amendments to an Assembly bill.

(2) In the Senate--

(A) The rollcall on the question of final passage of an Assembly
bill amended in the Senate when the Assembly has refused to
concur with the Senate amendments.

(B) The rollcall on the question of concurrence with Assembly
amendments to a Senate bill.

(b) Either house may suspend this rule by a two-thirds vote of
the membership of the house.

Meetings and Reports of Committees on Conference

29. The first Senator named on the conference committee shall
act as chairperson of the committee from the Senate, and the first
Member of the Assembly named on the committee shall act as
chairperson of the committee from the Assembly. The chairperson
of the committee on conference for the house of origin of the bill
shall arrange the time and place of meeting of the conference
committee, and shall prepare or direct the preparation of reports.
It shall require an affirmative vote of not less than two of the
Assembly Members and two of the Senate Members constituting
the committee on conference to agree upon a report, and the report
shall be submitted to both the Senate and the Assembly. The
committee on conference shall report to both the Senate and the
Assembly. The report is not subject to amendment. If either house
refuses to adopt the report, the conferees shall be discharged and
other conferees appointed, except that no more than three different
conference committees may be appointed on any one bill. A
Member who has served on a committee on conference may not
be appointed a member of another committee on conference on
the same bill. It shall require the same affirmative recorded vote
to adopt any conference report as required by the California
Constitution upon the final passage of the bill affected by the
report. It shall require an affirmative recorded vote of two-thirds
of the entire elected membership of each house to adopt any
conference report affecting any bill that contains an item or items
of appropriation that are subject to subdivision (d) of Section 12
of Article IV of the California Constitution. The report of a
conference committee shall be in writing, and shall have affixed
thereto the signatures of each Senator and each Member of the
Assembly consenting to the report. Space shall also be provided
where a member of a conference committee may indicate his or
her dissent in the committee’s findings. Any dissenting member
may have attached to a conference committee report a dissenting
report which shall not exceed, in length, the majority committee
report. A copy of any amendments proposed in the majority report
shall be placed on the desk of each Member of the house before
it is acted upon by the house.

The vote on concurrence or upon the adoption of the conference
report shall be deemed the vote upon final passage of the bill.

Conference Committees

29.5. (a) All meetings of any conference committee on the
Budget Bill shall be open and readily accessible to the public.

A conference committee on any bill may not meet, consider, or
act on the subject matter of the bill except in a meeting that is open
and readily accessible to the public, unless the action is on a report
determined by the Legislative Counsel to be nonsubstantive. The
Legislative Counsel shall examine each proposed report and shall
note upon the face of the report that the amendments proposed are
“substantive” or “nonsubstantive” as the case may be.

The chairperson of the conference committee of each house shall
give notice to the File Clerk of their respective houses of the time
and place of the meeting. Notice of each public meeting shall be
published in the Daily File of each house one calendar day prior
to the meeting, except that the notice is not required for a meeting
of a conference committee on the Budget Bill. When this
subdivision is waived with respect to a meeting of any public
conference committee, or when there is a meeting of a conference
committee on the Budget Bill, every effort shall be made to inform
the public that a meeting has been called. When this subdivision
has been waived with respect to the meeting of any public
conference committee, the chairperson of the conference committee
of each house shall immediately notify the chairperson of the policy
committee of their respective houses that considered the bill in
question of the waiver, and of the time and place of the meeting.

(b) The first committee on conference of the Budget Bill, if a
committee is appointed, shall submit its report to each house no
later than 15 days after the Budget Bill has been passed by both
houses. If the report is not submitted by that date, the conference
committee shall be deemed to have reached no agreement and shall
so inform each house pursuant to Rule 30.7.

(c) A committee on conference of the Budget Bill may consider
only differences between the Assembly version of the Budget Bill
as passed by the Assembly and the Senate version of the Budget
Bill as passed by the Senate, and may not approve any item of
expenditure or control that exceeds that contained in one of the
two versions before the conference committee.

(d) A conference committee on any bill, other than the Budget
Bill, may not approve any substantial financial provision in any
bill if the financial provision has not been heard by the fiscal
committee of each house, nor may any conference committee
approve substantial policy changes that have not been heard by
the policy committee of each house.

(e) A waiver of the one-calendar-day Daily File notice
requirement of subdivision (a) is not effective for longer than three
calendar days.

Conference Committee Reports

30. Upon submission of any report of a committee on
conference recommending that the bill be further amended, the
bill shall be reprinted incorporating the amendments recommended
by the conference committee. The consideration of the report of
a committee on conference is not in order until the bill, in the form
recommended by the report of the committee on conference, has
both been in print and been noticed in the Daily File for not less
than one legislative day.

If the conference committee’s report recommends only that the
amendments of the Senate or the Assembly “be concurred in,”
consideration of the report shall be in order at any time, and
reprinting of the bill is not required, but notice shall appear in the
Daily File for not less than one legislative day.

A conference committee report is not in order unless it has been
received by the Secretary of the Senate and the Chief Clerk of the
Assembly at least three calendar days preceding the scheduled
commencement of the summer, interim, or final recess of the
Legislature.

This rule may be suspended as to any particular conference
committee report by a two-thirds vote of the membership of either
house.

This rule does not apply to a report of a committee on conference
on the Budget Bill.

Conference Committee Reports on Urgency Statutes

30.5. When the report of a committee on conference
recommends the amendment of a bill by the addition of a section
providing that the act shall take effect immediately as an urgency
statute, the procedure and the vote thereon shall be as follows:

The presiding officer shall first direct that the urgency section
be read and put to a vote. If two-thirds of the Members elected to
the house vote in the affirmative, the presiding officer shall then
direct that the question of whether the house shall adopt the report
of the committee on conference shall be put to a vote. If two-thirds
of the Members elected to the house vote in the affirmative, the
adoption of the report and the amendments proposed thereby shall
be effective.

If the affirmative vote on either of the questions is less than
two-thirds of the Members elected to the house, the effect is a
refusal to adopt the report of the committee on conference.

Failure to Agree on Report

30.7. A conference committee may find and determine that it
is unable to submit a report to the respective houses, upon the
affirmative vote to that effect of not less than two of the Assembly
Members and not less than two of the Senate Members constituting
the committee. That finding may be submitted to the Chief Clerk
of the Assembly and the Secretary of the Senate in the form of a
letter from the chairperson of the committee on conference for the
house of origin of the bill, containing the signatures of the members
of the committee consenting to the finding and determination that
the committee is unable to submit a report. The Chief Clerk of the
Assembly and the Secretary of the Senate, upon being notified that
a conference committee is unable to submit a report, shall so inform
each house, whereupon the conferees shall be discharged and other
conferees appointed, in accordance with Rule 29.

MISCELLANEOUS PROVISIONS

Authority When Rules Do Not Govern

31. All relations between the houses that are not covered by
these rules shall be governed by the latest edition of Mason’s
Manual.

Press Rules

32. (a) Any person desiring privileges of an accredited press
representative shall make application to the Joint Rules Committee.
The application shall constitute compliance with any provisions
of the rules of the Assembly or the Senate with respect to
registration of news correspondents. The application shall state in
writing the name of any print or electronic periodic news
publication, news association, or radio or television station that
employs the press representative, and any other occupations or
employment he or she may have. The press representative shall
further declare in the application that he or she is not employed,
directly or indirectly, to assist in the prosecution of the legislative
business of any person, corporation, or association, and will not
become so employed while retaining the privilege of an accredited
press representative.

(b) The application required by subdivision (a) of this rule shall
be authenticated in a manner that is satisfactory to the Standing
Committee of the Capitol Correspondents Association, which shall
see that occupation of seats and desks in the Senate and the
Assembly Chambers is confined to bona fide correspondents of
reputable standing in their business, who represent news media
identified in subdivision (a). It is the duty of the standing
committee, at its discretion, to report any violation of accredited
press privileges to the Speaker of the Assembly or the Senate
Committee on Rules and, pending action thereon, the offending
correspondent may be suspended by the standing committee.

(c) Except as otherwise provided in this subdivision, persons
engaged in other occupations whose chief attention is not given
to newspaper correspondence or to news associations requiring
telegraphic, radio, television, or electronic service are not entitled
to the privileges accorded accredited press representatives. The
press list in the Handbook of the California Legislature and the
Senate and Assembly Histories shall be a list of only those persons
authenticated by the Standing Committee of the Capitol
Correspondents Association. Accreditation may be granted to any
bona fide correspondent of reputable standing employed by a
periodic publication of general circulation if the applicant is
employed on a regular basis in the Capitol area preparing articles
dealing with state government and politics and the publication is
not an organ or organization involved in legislative advocacy.

(d) The press seats and desks in the Senate and Assembly
Chambers shall be under the control of the standing committee of
correspondents, subject to the approval and supervision of the
Speaker of the Assembly and the Senate Committee on Rules.
Press cards shall be issued by the President pro Tempore of the
Senate and the Speaker of the Assembly only to correspondents
properly accredited in accordance with this rule.

(e) An accredited member of the Capitol Correspondents
Association may not, for compensation, perform any service for
state constitutional officers or members of their staffs, for state
agencies, for the Legislature, for candidates for state office, for a
state officeholder, or for any person registered or performing as a
legislative advocate.

(f) An accredited member of the association who violates
subdivision (a) or (e) of this rule shall be subject to the following
penalties:

(1) For the first offense, the Standing Committee of the Capitol
Correspondents Association shall send a letter of admonition to
the offending member, his or her employer, and the Joint Rules
Committee. The letter shall state the nature of the member’s rule
violation and shall warn of an additional penalty for a second
offense.

(2) For a second offense, the Standing Committee of the Capitol
Correspondents Association shall recommend to the Joint Rules
Committee that the member’s accreditation be suspended or
revoked and that he or she lose all rights and privileges attached
thereto. The Standing Committee of the Capitol Correspondents
Association shall also dismiss the member from the association.

Any member of the Standing Committee of the Capitol
Correspondents Association may propose that the committee make
an inquiry to determine if an association member has violated
subdivision (a) or (e) of this rule. Upon a majority vote of the
Standing Committee of the Capitol Correspondents Association,
an inquiry shall be made.

Upon receipt of a signed, written notice from any association
member of his or her belief that another association member may
have violated subdivision (a) or (e) of this rule, the Standing
Committee of the Capitol Correspondents Association shall
commence an inquiry into the possible violation.

If the Standing Committee of the Capitol Correspondents
Association determines by majority vote that an association
member has violated an association rule, it shall inform the member
of its finding. Within two weeks of notification, the member may
request a meeting of the membership. If the member makes that
request, the Standing Committee of the Capitol Correspondents
Association shall promptly schedule a meeting at the earliest
possible time. After hearing the member and the committee review
the circumstances of the alleged violation, the membership may,
by majority vote, nullify the finding of the Standing Committee
of the Capitol Correspondents Association. If nullification does
not occur, the Standing Committee of the Capitol Correspondents
Association immediately shall impose the appropriate penalty.

Dispensing with Joint Rules

33. A joint rule may not be dispensed with except by a vote of
two-thirds of each house or as otherwise provided in these rules.
If either house violates a joint rule, a question of order may be
raised in the other house and decided in the same manner as in the
case of the violation of the rules of the house. If it is decided that
the joint rules have been violated, the bill involving the violation
shall be returned to the house in which it originated, and the
disputed matter shall be considered in like manner as in conference
committee.

Dispensing with Joint Rules: Unanimous Consent

33.1. Notwithstanding any other rule, a joint rule that may be
dispensed with by one house may be done so by unanimous consent
if the rules committee of that house has approved.

Opinions of Legislative Counsel

34. Whenever the Legislative Counsel issues a written opinion
to any person other than the first-named author analyzing the
constitutionality, operation, or effect of a bill or other legislative
measure that is then pending before the Legislature or of any
amendment made or proposed to be made to the bill or measure,
he or she is authorized and instructed to deliver two copies of the
opinion to the first-named author as promptly as feasible after the
delivery of the original opinion and also to deliver a copy to any
other author of the bill or measure who so requests. A copy of any
letter prepared by the Legislative Counsel for the sole purpose of
advising a Member of a conflict between two or more bills as to
the sections of law being amended, repealed, or added shall be
submitted to the chairperson of the committee to which each bill
has been referred.

Resolutions Prepared by Legislative Counsel

34.1. Whenever the Legislative Counsel has been requested to
draft a resolution commemorating or taking note of any event, or
a resolution congratulating or expressing sympathy toward any
person, and subsequently receives a similar request from another
Member of the Legislature, he or she shall inform that requester
and each subsequent requester that a resolution is being, or has
been, prepared, and shall inform them of the name of the Member
for whom the resolution was, or is being, prepared.

Resolutions

34.2. A concurrent resolution, Senate resolution, or House
resolution may be introduced to memorialize the death of a present
or former state or federal elected official or a member of his or her
immediate family. In all other instances, a resolution other than a
concurrent resolution, as specified by the Committee on Rules of
each house, or as provided by the Joint Rules Committee in those
cases requiring that the resolution should emanate from both
houses, shall be used for the purpose of commendation,
congratulation, sympathy, or regret with respect to any person,
group, or organization.

A concurrent resolution requesting the Governor to issue a
proclamation may not be introduced without the prior approval of
the Committee on Rules of the house in which the resolution is to
be introduced.

Identical Drafting Requests

34.5. Whenever it comes to the attention of the Legislative
Counsel that a Member has requested the drafting of a bill that
will be substantially identical to one already introduced, the
Legislative Counsel shall inform the Member of that fact.

Expense of Members

35. As provided in Section 8902 of the Government Code, each
Member of the Legislature is entitled to reimbursement for living
expenses while required to be in Sacramento to attend a session
of the Legislature, while traveling to and from or in attendance at
a committee meeting, or while attending to any legislative function
or responsibility as authorized or directed by legislative rules or
the Committee on Rules of the house of which he or she is a
Member, at the same rate as may be established by the California
Victim Compensation and Government Claims Board for other
elected state officers. Each Member shall be reimbursed for travel
expenses incurred in traveling to and from a session of the
Legislature, when traveling to and from a meeting of a committee
of which he or she is a member, or when traveling pursuant to any
other legislative function or responsibility as authorized or directed
by legislative rules or the Committee on Rules of the house of
which he or she is a Member, at the rate prescribed by Section
8903 of the Government Code.

Expense allowances for Members of the Senate and Assembly
shall be approved and certified to the Controller by the Secretary
of the Senate, on behalf of the Senate, and the Chief Clerk of the
Assembly or other person authorized by the Assembly Committee
on Rules, on behalf of the Assembly, weekly or as otherwise
directed by either house, and upon certification the Controller shall
draw his or her warrants in payment of the allowances to the
respective Members.

Issuance of Subpoenas

35.5. A subpoena requiring the attendance of a witness or the
production of documents may be issued by the Senate Committee
on Rules, the Speaker of the Assembly, or the chairperson of a
committee conducting an investigation only if permission has been
secured from the rules committee of the respective house, or from
the Joint Rules Committee if the subpoena is issued by the
chairperson of a joint committee.

Investigating Committees

36. In order to expedite the work of the Legislature, either
house, or both houses jointly, may by resolution or statute provide
for the appointment of committees to ascertain facts and to make
recommendations as to any subject within the scope of legislative
regulation or control.

The resolution providing for the appointment of a committee
pursuant to this rule shall state the purpose of the committee and
the scope of the subject concerning which it is to act, and may
authorize it to act either during sessions of the Legislature or, when
authorization may lawfully be made, after final adjournment.

In the exercise of the power granted by this rule, each committee
may employ clerical, legal, and technical assistants as may be
authorized by: (a) the Joint Rules Committee in the case of a joint
committee, (b) the Senate Committee on Rules in the case of a
Senate committee, or (c) the Assembly Committee on Rules in the
case of an Assembly committee.

Except as otherwise provided herein for joint committees or by
the rules of the Senate or the Assembly for single house
committees, each committee may adopt and amend rules governing
its procedure as may appear necessary and proper to carry out the
powers granted and duties imposed under this rule. The rules may
include provisions fixing the quorum of the committee and the
number of votes necessary to take action on any matter. With
respect to all joint committees, a majority of the membership from
each house constitutes a quorum, and an affirmative vote of a
majority of the membership from each house is necessary for the
committee to take action.

Each committee is authorized and empowered to summon and
subpoena witnesses, to require the production of papers, books,
accounts, reports, documents, records, and papers of every kind
and description, to issue subpoenas, and to take all necessary means
to compel the attendance of witnesses and to procure testimony,
oral and documentary. A committee’s issuance of a subpoena shall
comply with Rule 35.5.

Each member of the committees is authorized and empowered
to administer oaths, and all of the provisions of Chapter 4
(commencing with Section 9400) of Part 1 of Division 2 of Title
2 of the Government Code, relating to the attendance and
examination of witnesses before the Legislature and the committees
thereof, apply to the committees. A committee may grant a witness
immunity from criminal prosecution, pursuant to subdivision (a)
of Section 9410 of the Government Code, only after securing
permission from the rules committee of the respective house, or
from the Joint Rules Committee in the case of a joint committee.

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

Every department, commission, board, agency, officer, and
employee of the state government, including the Legislative
Counsel and the Attorney General and their subordinates, and of
every political subdivision, county, city, or public district of or in
this state, shall give and furnish to these committees and to their
subcommittees upon request information, records, and documents
as the committees deem necessary or proper for the achievement
of the purposes for which each committee was created.

Each committee or subcommittee of either house, in accordance
with the rules of that respective house, and each joint committee
or subcommittee thereof, may meet at any time during the period
in which it is authorized to act, either at the State Capitol or at any
other place in the State of California, in public or executive session,
and do any and all things necessary or convenient to enable it to
exercise the powers and perform the duties herein granted to it or
accomplish the objects and purposes of the resolution creating it,
subject to the following exceptions:

(a) When the Legislature is in session:

(1) A committee or subcommittee of either house may not meet
outside the State Capitol without the prior approval of the Senate
Committee on Rules with respect to Senate committees and
subcommittees, or the Speaker of the Assembly with respect to
Assembly committees and subcommittees.

(2) A committee or subcommittee of either house, other than a
standing committee or subcommittee thereof, may not meet unless
notice of the meeting has been printed in the Daily File for four
days prior thereto. This requirement may be waived by a majority
vote of either house with respect to a particular bill.

(3) A joint committee or subcommittee thereof, other than the
Joint Committees on Legislative Audit, Legislative Budget, and
Rules, may not meet outside the State Capitol without the prior
approval of the Joint Rules Committee.

(4) A joint committee or subcommittee thereof, other than the
Joint Committees on Legislative Audit, Legislative Budget, and
Rules, may not meet unless notice of the meeting has been printed
in the Daily File for four days prior thereto.

(b) When the Legislature is in joint recess, each joint committee
or subcommittee, other than the Joint Committees on Legislative
Audit, Legislative Budget, and Rules, shall notify the Joint Rules
Committee at least two weeks prior to a meeting.

(c) The requirements placed upon joint committees by
subdivisions (a) and (b) of this rule may be waived as deemed
necessary by the Joint Rules Committee.

Each committee may expend such money as is made available
to it for its purpose, but a committee may not incur any
indebtedness unless money has been first made available therefor.

Living expenses may not be allowed in connection with
legislative business for a day on which the Member receives
reimbursement for expenses while required to be in Sacramento
to attend a session of the Legislature. The chairperson of each
committee shall audit and approve the expense claims of the
members of the committee, including claims for mileage in
connection with attendance on committee business, or in
connection with specific assignments by the committee chairperson,
but excluding other types of mileage, and shall certify the amount
approved to the Controller. The Controller shall draw his or her
warrants upon the certification of the chairperson.

Subject to the rules of each house for the respective committees
of each house, or the joint rules for any joint committee, with the
permission of the appointing authority of the respective house, or
the permission of the appointing authorities of the two houses in
the case of a joint committee, the chairperson of any committee
may appoint subcommittees and chairpersons thereof for the
purpose of more expeditiously handling and considering matters
referred to it, and the subcommittees and the chairpersons thereof
shall have all the powers and authority herein conferred upon the
committee and its chairperson. The chairperson of a subcommittee
shall audit the expense claims of the members of the subcommittee,
and other claims and the expenses incurred by it, and shall certify
the amount thereof to the chairperson of the committee, who shall,
if he or she approves the same, certify the amount thereof to the
Controller; the Controller shall draw his or her warrant therefor
upon that certification, and the Treasurer shall pay the same. Any
committee or subcommittee thereof that is authorized to leave the
State of California in the performance of its duties shall, while out
of the state, have the same authority as if it were acting and
functioning within the state, and the members thereof shall be
reimbursed for expenses.

Notwithstanding any other provision of this rule, if the standing
rules of either house require that expense claims of committees
for goods or services, pursuant to contracts, or for expenses of
employees or members of committees be audited or approved,
after approval of the committee chairperson, by another agency
of either house, the Controller shall draw his or her warrants only
upon the certification of the other agency. All expense claims
approved by the chairperson of any joint committee, other than
the Joint Legislative Budget Committee and the Joint Legislative
Audit Committee, shall be approved by the Joint Rules Committee,
and the Controller shall draw his or her warrants only upon the
certification of the Joint Rules Committee.

Except salary claims of employees clearly subject to federal
withholding taxes and the requirement as to loyalty oaths, claims
presented for services or pursuant to contract shall refer to the
agreement, the terms of which shall be made available to the
Controller.

Expenses of Committee Employees

36.1. Unless otherwise provided by respective house or
committee rule or resolution, employees of legislative committees,
when entitled to traveling expenses, are entitled to allowances in
lieu of actual expenses for hotel accommodations, breakfast, lunch,
and dinner, at the rates fixed by the California Victim
Compensation and Government Claims Board from time to time
in limitation of reimbursement of expenses of state employees
generally. However, if an allowance for hotel accommodations,
breakfast, lunch, and dinner is made by a committee at a rate in
excess of the rate fixed by the California Victim Compensation
and Government Claims Board, the chairperson of the committee
shall notify the Controller of that fact in writing.

Appointment of Committees

36.5. This rule applies whenever a joint committee is created
by a statute or resolution that either provides that appointments be
made and vacancies be filled in the manner provided for in the
Joint Rules, or makes no provision for the appointment of members
or the filling of vacancies.

The Senate members of the committee shall be appointed by the
Senate Committee on Rules; the Assembly members of the
committee shall be appointed by the Speaker of the Assembly; and
vacancies occurring in the membership of the committee shall be
filled by the respective appointing powers. The members appointed
shall hold over until their successors are regularly selected.

Appointment of Joint Committee Chairpersons

36.7. The chairperson of each joint committee heretofore or
hereafter created, except the Joint Legislative Budget Committee
and the Joint Legislative Audit Committee, shall be appointed by
the Joint Rules Committee from a Member or Members
recommended by the Senate Committee on Rules and the Speaker
of the Assembly.

Joint Committee Funds

36.8. Each joint committee heretofore or hereafter created,
except the Joint Legislative Budget Committee and the Joint
Legislative Audit Committee, shall expend the funds heretofore
or hereafter made available to it in compliance with the policies
set forth by the Joint Rules Committee with respect to personnel,
salaries, purchasing, office space assignment, contractual services,
rental or lease agreements, travel, and any and all other matters
relating to the management and administration of committee affairs.

Joint Legislative Budget Committee

37. In addition to any other committee provided for by these
rules, there is a joint committee to be known as the Joint Legislative
Budget Committee, which is hereby declared to be a continuing
body.

It is the duty of the committee to ascertain facts and make
recommendations to the Legislature and to the houses thereof
concerning the State Budget, the revenues and expenditures of the
state, and the organization and functions of the state and its
departments, subdivisions, and agencies, with a view to reducing
the cost of the state government and securing greater efficiency
and economy.

The committee consists of eight Members of the Senate and
eight Members of the Assembly. The Senate members of the
committee shall be appointed by the Senate Committee on Rules.
The Assembly members of the committee shall be appointed by
the Speaker of the Assembly. The committee shall select its own
chairperson.

Any vacancy occurring at any time in the Senate membership
of the Joint Legislative Budget Committee shall be filled by the
Senate Committee on Rules, and the Senators appointed shall hold
over until their successors are regularly selected. For the purposes
of this rule, a vacancy shall be deemed to exist as to a Senator
whose term is expiring whenever he or she is not reelected at the
general election.

Any vacancy occurring at any time in the Assembly membership
of the Joint Legislative Budget Committee shall be filled by
appointment by the Speaker of the Assembly, and the Members
of the Assembly appointed shall hold over between regular sessions
until their successors are regularly selected. For the purposes of
this rule, a vacancy shall be deemed to exist as to a Member of the
Assembly whose term is expiring whenever he or she is not
reelected at the general election.

The committee may adopt rules to govern its own proceedings
and its employees. The committee, with the permission of the
appointing authorities of the two houses, may also create
subcommittees from its membership, assigning to its
subcommittees any study, inquiry, investigation, or hearing that
the committee itself has authority to undertake or hold. A
subcommittee for the purpose of this assignment has and may
exercise all the powers conferred upon the committee, limited only
by the express terms of any rule or resolution of the committee
defining the powers and duties of the subcommittee. Those powers
may be withdrawn or terminated at any time by the committee.

The Joint Legislative Budget Committee may render services to
any investigating committee of the Legislature pursuant to contract
between the Joint Legislative Budget Committee and the committee
for which the services are to be performed. The contract may
provide for payment to the Joint Legislative Budget Committee
of the cost of the services from the funds appropriated to the
contracting investigating committee. All legislative investigating
committees are authorized to enter into those contracts with the
Joint Legislative Budget Committee. Money received by the Joint
Legislative Budget Committee pursuant to any agreement shall be
in augmentation of the current appropriation for the support of the
Joint Legislative Budget Committee.

The provisions of Rule 36 shall apply to the Joint Legislative
Budget Committee, which has all the authority provided in that
rule or pursuant to Section 11 of Article IV of the California
Constitution.

The committee has authority to appoint a Legislative Analyst,
to fix his or her compensation, to prescribe his or her duties, and
to appoint any other clerical and technical employees as may appear
necessary. The duties of the Legislative Analyst are as follows:

(1) To ascertain the facts and make recommendations to the
Joint Legislative Budget Committee and, under its direction, to
the committees of the Legislature concerning:

(a) The State Budget.

(b) The revenues and expenditures of the state.

(c) The organization and functions of the state and its
departments, subdivisions, and agencies.

(2) To assist the Senate Committee on Appropriations, the
Senate Budget and Fiscal Review Committee, and the Assembly
Committees on Appropriations and Budget in consideration of the
Budget, all bills carrying express or implied appropriations, and
all legislation affecting state departments and their efficiency; to
appear before any other legislative committee; and to assist any
other legislative committee upon instruction by the Joint Legislative
Budget Committee.

(3) To provide all legislative committees and Members of the
Legislature with information obtained under the direction of the
Joint Legislative Budget Committee.

(4) To maintain a record of all work performed by the
Legislative Analyst under the direction of the Joint Legislative
Budget Committee, and to keep and make available all documents,
data, and reports submitted to him or her by any Senate, Assembly,
or joint committee. The committee may meet either during sessions
of the Legislature, any recess thereof, or after final adjournment,
and may meet or conduct business at any place within the State of
California.

The chairperson of the committee or, in the event of that person’s
inability to act, the vice chairperson, shall audit and approve the
expenses of members of the committee or salaries of the
employees, and all other expenses incurred in connection with the
performance of its duties by the committee. The chairperson shall
certify to the Controller the expense amount approved, the
Controller shall draw his or her warrants upon the certification of
the chairperson, and the Treasurer shall pay the same to the
chairperson of the committee, to be disbursed by the chairperson.

On and after the commencement of a succeeding regular session,
those members of the committee who continue to be Members of
the Senate and Assembly, respectively, continue as members of
the committee until their successors are appointed, and the
committee continues with all its powers, duties, authority, records,
papers, personnel, and staff, and all funds theretofore made
available for its use.

Upon the conclusion of its work, any Assembly, Senate, or joint
committee (other than a standing committee) shall deliver to the
Legislative Analyst for use and custody all documents, data,
reports, and other materials that have come into the possession of
the committee and that are not included within the final report of
the committee to the Assembly, Senate, or the Legislature, as the
case may be. The documents, data, reports, and other materials
shall be available, upon request, to Members of the Legislature,
the Senate Office of Research, and the Assembly Office of
Research.

The Legislative Analyst, with the consent of the committee, shall
make available to any Member or committee of the Legislature
any other reports, records, documents, or other data under his or
her control, except that reports prepared by the Legislative Analyst
in response to a request from a Member or committee of the
Legislature may be made available only with the written permission
of the Member or committee who made the request.

The Legislative Analyst, upon the receipt of a request from any
committee or Member of the Legislature to conduct a study or
provide information that falls within the scope of his or her
responsibilities and that concerns the administration of the
government of the State of California, shall at once advise the Joint
Legislative Budget Committee of the nature of the request without
disclosing the name of the Member or committee making the
request.

The Legislative Analyst shall immediately undertake to provide
the requesting committee or legislator with the service or
information requested, and shall inform the committee or legislator
of the approximate date when this information will be available.
Should there be any material delay, he or she shall subsequently
communicate this fact to the requester.

Neither the Committee on Rules of either house nor the Joint
Rules Committee may assign any matter for study to the Joint
Legislative Budget Committee or the Legislative Analyst without
first obtaining from the Joint Legislative Budget Committee an
estimate of the amount required to be expended by it to make the
study.

Any concurrent, joint, Senate, or House resolution assigning a
study to the Joint Legislative Budget Committee or to the
Legislative Analyst shall be referred to the respective rules
committees. Before the committees may act upon or assign the
resolution, they shall obtain an estimate from the Joint Legislative
Budget Committee of the amount required to be expended to make
the study.

Citizen Cost Impact Report

37.1. Any Member or committee of the Legislature may
recommend that the Legislative Analyst prepare a citizen cost
impact analysis on proposed legislation. However, the
recommendation shall first be reviewed by the Committee on Rules
of the house where the recommendation originated, and this
committee shall make the final determination as to which bills
shall be assigned for preparation of an impact analysis.

In selecting specific bills for assignment to the Legislative
Analyst for preparation of citizen cost impact analyses, the
Committee on Rules shall request the Legislative Analyst to present
an estimate of his or her time and prospective costs for preparing
the analyses. Only those bills that have a potential significant cost
impact shall be assigned. Where necessary, the Committee on
Rules shall provide funds to offset added costs incurred by the
Legislative Analyst.

The citizen cost impact analyses shall include those economic
effects that the Legislative Analyst deems significant and that he
or she believes will result directly from the proposed legislation.
Insofar as feasible, the economic effects considered by the
Legislative Analyst shall include, but not be limited to, the
following:

(a) The economic effect on the public generally.

(b) Any specific economic effect on persons or businesses in
the case of legislation that is regulatory.

The Legislative Analyst shall submit the citizen cost impact
analyses to the committee or committees when completed, and at
the time or times designated by the Committee on Rules.

The Legislative Analyst shall submit from time to time, but at
least once a year, a report to the Legislature on the trends and
directions of the state’s economy, and shall list the alternatives
and make recommendations as to legislative actions that, in his or
her judgment, will ensure a sound and stable state economy.

Joint Legislative Audit Committee

37.3. The Joint Legislative Audit Committee is created pursuant
to the Legislature’s rulemaking authority under the California
Constitution, and pursuant to Chapter 4 (commencing with Section
10500) of Part 2 of Division 2 of Title 2 of the Government Code.
The committee consists of seven Members of the Senate and seven
Members of the Assembly, who shall be selected in the manner
provided for in these rules. Notwithstanding any other provision
of these rules, four Members from each house constitute a quorum
of the Joint Legislative Audit Committee and the number of votes
necessary to take action on any matter. The Chairperson of the
Joint Legislative Audit Committee, upon receiving a request by
any Member of the Legislature or committee thereof for a copy of
a report prepared or being prepared by the Bureau of State Audits,
shall provide the Member or committee with a copy of the report
when it is, or has been, submitted by the Bureau of State Audits
to the Joint Legislative Audit Committee.

Study or Audits

37.4. (a) Notwithstanding any other provision of law, the Joint
Legislative Audit Committee shall establish priorities and assign
all work to be done by the Bureau of State Audits.

(b) Any bill requiring action by the Bureau of State Audits shall
contain an appropriation for the cost of any study or audit.

(c) Any bill or concurrent, joint, Senate, or House resolution
assigning a study or audit to the Joint Legislative Audit Committee
or to the Bureau of State Audits shall be referred to the respective
rules committees. Before the committees may act upon or assign
the bill or resolution, they shall obtain an estimate from the Joint
Legislative Audit Committee of the amount required to be
expended to make the study or audit.

Waiver

37.5. Subdivision (b) of Rule 37.4 may be waived by the Joint
Legislative Audit Committee. The chairperson of the committee
shall notify the Secretary of the Senate, the Chief Clerk of the
Assembly, and the Legislative Counsel in writing when subdivision
(b) of Rule 37.4 has been waived. If the cost of a study or audit is
less than one hundred thousand dollars ($100,000), the chairperson
of the committee may exercise the committee’s authority to waive
subdivision (b) of Rule 37.4.

Administrative Regulations

37.7. (a) Any Member of the Senate may request the Senate
Committee on Rules, and any Member of the Assembly may
request the Speaker of the Assembly, to direct a standing committee
or the Office of Research of his or her respective house to study
any proposed or existing regulation or group of related regulations.
Upon receipt of a request, the Senate Committee on Rules or the
Speaker of the Assembly shall, after review, determine whether a
study shall be made. In reviewing the request, the Senate
Committee on Rules or the Speaker of the Assembly shall
determine:

(1) The cost of making the study.

(2) The potential public benefit to be derived from the study.

(3) The scope of the study.

(b) The study may consider, among other relevant issues,
whether the proposed or existing regulation:

(1) Exceeds the agency’s statutory authority.

(2) Fails to conform to the legislative intent of the enabling
statute.

(3) Contradicts or duplicates other regulations adopted by
federal, state, or local agencies.

(4) Involves an excessive delegation of regulatory authority to
a particular state agency.

(5) Unfairly burdens particular elements of the public.

(6) Imposes social or economic costs that outweigh its intended
benefits to the public.

(7) Imposes unreasonable penalties for violation.

The respective reviewing unit shall, in a timely manner, transmit
its concerns, if any, to the Senate Committee on Rules or the
Speaker of the Assembly, and the promulgating agency.

In the event that a state agency takes a regulatory action that the
reviewing unit finds to be unacceptable, the unit shall file a report
for publication in the Daily Journal of its respective house
indicating the specific reasons why the regulatory action should
not have been taken. The report may include a recommendation
that the Legislature adopt a concurrent resolution requesting the
state agency to reconsider its action or that the Legislature enact
a statute to restrict the regulatory powers of the state agency taking
the action.

Joint Rules Committee

40. The Joint Rules Committee is hereby created. The
committee has a continuing existence and may meet, act, and
conduct its business during sessions of the Legislature or any recess
thereof.

The committee consists of the members of the Assembly
Committee on Rules, the Assembly Majority Floor Leader, the
Assembly Minority Floor Leader, the Speaker of the Assembly,
four members of the Senate Committee on Rules, and as many
Members of the Senate as may be required to maintain equality in
the number of Assembly Members and Senators on the committee,
to be appointed by the Senate Committee on Rules. Vacancies
occurring in the membership shall be filled by the appointing
power.

The committee and its members have and may exercise all of
the rights, duties, and powers conferred upon investigating
committees and their members by the Joint Rules of the Senate
and Assembly as they are adopted and amended from time to time,
which provisions are incorporated herein and made applicable to
this committee and its members.

The committee shall ascertain facts and make recommendations
to the Legislature and to the houses thereof concerning:

(a) The relationship between the two houses and procedures
calculated to expedite the affairs of the Legislature by improving
that relationship.

(b) The legislative branch of the state government and any
defects or deficiencies in the law governing that branch.

(c) Methods whereby legislation is proposed, considered, and
acted upon.

(d) The operation of the Legislature and the committees thereof,
and the means of coordinating the work thereof and avoiding
duplication of effort.

(e) Aides to the Legislature.

(f) Information and statistics for the use of the Legislature, the
respective houses thereof, and the Members.

Any matter of business of either house, the transaction of which
would affect the interests of the other house, may be referred to
the committee for action if the Legislature is not in recess, and
shall be referred to the committee for action if the Legislature is
in recess.

The committee has the following additional powers and duties:

(a) To select a chairperson from its membership. The vice
chairperson of the committee shall be one of the Senate members
of the committee, to be selected by the Senate Committee on Rules.

(b) To allocate space in the State Capitol Building and all
annexes and additions thereto as provided by law.

(c) To approve, as provided by law, the appearance of the
Legislative Counsel in litigation.

(d) To contract with other agencies, public or private, for the
rendition and affording of services, facilities, studies, and reports
to the committee as the committee deems necessary to assist it to
carry out the purposes for which it is created.

(e) To cooperate with and secure the cooperation of county,
city, city and county, and other local law enforcement agencies in
investigating any matter within the scope of this rule, and to direct
the sheriff of any county to serve subpoenas, orders, and other
process issued by the committee.

(f) To report its findings and recommendations, including
recommendations for the needed revision of any and all laws and
constitutional provisions relating to the Legislature, to the
Legislature and to the people from time to time.

(g) The committee, and any subcommittee when so authorized
by the committee, may meet and act without as well as within the
State of California, and are authorized to leave the state in the
performance of their duties.

(h) To expend funds as may be made available to it to carry out
the functions and activities related to the legislative affairs of the
Senate and Assembly.

(i) To appoint a chief administrative officer of the committee,
who shall have duties relating to the administrative, fiscal, and
business affairs of the committee as the committee shall prescribe.
The committee may terminate the services of the chief
administrative officer at any time.

(j) To employ persons as may be necessary to assist all other
joint committees, except the Joint Legislative Budget Committee
and the Joint Legislative Audit Committee, in the exercise of their
powers and performance of their duties. In accordance with Rule
36.8, the committee shall govern and administer the expenditure
of funds by other joint committees, requiring that the claims of
joint committees be approved by the Joint Rules Committee or its
designee. All expenses of the committee and of all other joint
committees may be paid from the Operating Funds of the Assembly
and Senate.

(k) To appoint the chairpersons of joint committees, as
authorized by Rule 36.7.

(l) To do any and all other things necessary or convenient to
enable it fully and adequately to exercise its powers, perform its
duties, and accomplish the objects and purposes of this rule.

The members of the Joint Rules Committee from the Senate may
meet separately as a unit, and the members of the Joint Rules
Committee from the Assembly may meet separately as a unit, and
consider any action that is required to be taken by the Joint Rules
Committee. If the majority of members of the Joint Rules
Committee of each house at the separate meetings vote in favor
of that action, the action shall be deemed to be action taken by the
Joint Rules Committee.

The Joint Rules Committee shall meet not less than biweekly
during a session of the Legislature, other than during a joint recess,
at a regularly scheduled time and place. If the full committee fails
to so meet, the members of the committee from the Senate shall
meet separately as a unit and the members of the committee from
the Assembly shall meet separately as a unit within five days of
the regularly scheduled meeting date.

The committee succeeds to, and is vested with, all of the powers
and duties of the Joint Committee on Legislative Organization,
the State Capitol Committee, the Joint Committee on Interhouse
Cooperation, the Joint Legislative Committee for School
Visitations, and the Joint Standing Committee on the Joint Rules
of the Senate and the Assembly.

Review of Administrative Regulations

40.1. The Joint Rules Committee, with regard to joint
committees, and the respective rules committee of each house,
with regard to standing and select committees of the house, shall
approve any request for a priority review made by a committee
pursuant to Section 11349.7 of the Government Code and shall
submit approved requests to the Office of Administrative Law.
The Joint Rules Committee or the respective rules committee, and
the committee initiating the request, shall each receive a copy of
the priority review.

Subcommittee on Legislative Space and Facilities

40.3. (a) A subcommittee of the Joint Rules Committee is
hereby created, to be known as the Subcommittee on Legislative
Space and Facilities. The subcommittee consists of three Members
of the Senate and three Members of the Assembly, appointed by
the Chairperson of the Joint Rules Committee, and the chairperson
of the fiscal committee of each house who shall have full voting
rights on the subcommittee. The chairperson of the subcommittee
shall be appointed by the members thereof. For purposes of this
subcommittee, the chairpersons of the fiscal committees are ex
officio members of the Joint Rules Committee, but do not have
voting rights on that committee, nor may they be counted in
determining a quorum. The subcommittee shall consider the
housing of the Legislature and legislative facilities.

(b) The subcommittee and its members have and may exercise
all of the rights, duties, and powers conferred upon investigating
committees and their members by the Joint Rules of the Senate
and Assembly as they are adopted and amended from time to time,
which provisions are incorporated herein and made applicable to
this subcommittee and its members.

(c) The subcommittee has the following additional powers and
duties:

(1) To contract with other agencies, public or private, for the
rendition and affording of services, facilities, studies, and reports
to the subcommittee as the committee deems necessary to assist
it to carry out the purposes for which it is created.

(2) To cooperate with and secure the cooperation of county,
city, city and county, and other local law enforcement agencies in
investigating any matter within the scope of this rule, and to direct
the sheriff of any county to serve subpoenas, orders, and other
process issued by the subcommittee.

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

(4) To do any and all other things necessary or convenient to
enable it fully and adequately to exercise its powers, perform its
duties, and accomplish the objects and purposes of this rule.

(d) The subcommittee is authorized to leave the State of
California in the performance of its duties.

Claims for Workers’ Compensation

41. The Chairperson of the Committee on Rules of each house,
or a designated representative, shall sign any required worker’s
compensation report regarding injuries or death arising out of and
within the course of employment suffered by any Member, officer,
or employee of the house, or any employee of a standing or
investigating committee thereof. In the case of a joint committee,
the Chairperson of the Committee on Rules of either house, or a
designated representative, may sign any report with respect to a
member or employee of a joint committee.

Information Concerning Committees

42. The Committee on Rules of each house shall provide for a
continuous cumulation of information concerning the membership,
organization, meetings, and studies of legislative investigating
committees. Each Committee on Rules shall be responsible for
information concerning the investigating committees of its own
house, and concerning joint investigating committees under a
chairperson who is a Member of that house. To the extent possible,
each Committee on Rules shall seek to ensure that the investigating
committees for which it has responsibility under this rule have
organized, including the organization of any subcommittees, and
have had all topics for study assigned to them within a reasonable
period of time.

The information thus cumulated shall be made available to the
public by the Committee on Rules of each house and shall be
published periodically under their joint direction.

Joint Committees

43. Any concurrent resolution creating a joint committee of the
Legislature and any concurrent resolution allocating moneys from
the Operating Funds of the Assembly and Senate to the committee
shall be referred to the Committee on Rules of the respective
houses.

Conflict of Interest

44. (a) A Member of the Legislature may not, while serving,
have any interest, financial or otherwise, direct or indirect, engage
in any business or transaction or professional activity, or incur any
obligation of any nature, that is in substantial conflict with the
proper discharge of his or her duties in the public interest and of
his or her responsibilities as prescribed by the laws of this state.

(b) A Member of the Legislature may not, during the term for
which he or she was elected:

(1) Accept other employment that he or she has reason to believe
will either impair his or her independence of judgment as to his
or her official duties, or require him or her, or induce him or her,
to disclose confidential information acquired by him or her in the
course of and by reason of his or her official duties.

(2) Willfully and knowingly disclose, for pecuniary gain, to any
other person, confidential information acquired by him or her in
the course of and by reason of his or her official duties, or use the
information for the purpose of pecuniary gain.

(3) Accept or agree to accept, or be in partnership with any
person who accepts or agrees to accept, any employment, fee, or
other thing of value, or portion thereof, in consideration of his or
her appearance, agreeing to appear, or taking of any other action
on behalf of another person regarding a licensing or regulatory
matter, before any state board or agency that is established by law
for the primary purpose of licensing or regulating the professional
activity of persons licensed, pursuant to state law.

This rule does not prohibit a Member who is an attorney at law
from practicing in that capacity before the Workers’ Compensation
Appeals Board or the Commissioner of Corporations, and receiving
compensation therefor, or from practicing for compensation before
any state board or agency in connection with, or in any matter
related to, any case, action, or proceeding filed and pending in any
state or federal court. This rule does not prohibit a Member from
making an inquiry for information on behalf of a constituent before
a state board or agency, if no fee or reward is given or promised
in consequence thereof. The prohibition contained in this rule does
not apply to a partnership in which a Member of the Legislature
is a member if the Member of the Legislature does not share
directly or indirectly in the fee resulting from the transaction, nor
does it apply in connection with any matter pending before any
state board or agency on the operative date of this rule if the
affected Member of the Legislature is the attorney of record or
representative in the matter prior to the operative date.

(4) Receive or agree to receive, directly or indirectly, any
compensation, reward, or gift from any source except the State of
California for any service, advice, assistance, or other matter related
to the legislative process, except fees for speeches or published
works on legislative subjects and except, in connection therewith,
the reimbursement of expenses for actual expenditures for travel
and reasonable subsistence for which no payment or reimbursement
is made by the State of California.

(5) Participate, by voting or any other action, on the floor of
either house, or in committee or elsewhere, in the enactment or
defeat of legislation in which he or she has a personal interest,
except as follows:

(i) If, on the vote for final passage, by the house of which he or
she is a Member, of the legislation in which he or she has a
personal interest, he or she first files a statement (which shall be
entered verbatim in the Daily Journal) stating in substance that he
or she has a personal interest in the legislation to be voted on and
that, notwithstanding that interest, he or she is able to cast a fair
and objective vote on the legislation, he or she may cast his or her
vote without violating any provision of this rule.

(ii) If the Member believes that, because of his or her personal
interest, he or she should abstain from participating in the vote on
the legislation, he or she shall so advise the presiding officer prior
to the commencement of the vote and shall be excused from voting
on the legislation without any entry in the Daily Journal of the fact
of his or her personal interest. In the event that a rule of the house
requiring that each Member who is present vote aye or nay is
invoked, the presiding officer shall order the Member excused
from compliance and shall order entered in the Daily Journal a
simple statement that the Member was excused from voting on the
legislation pursuant to law.

(c) A person subject to this rule has an interest that is in
substantial conflict with the proper discharge of his or her duties
in the public interest and of his or her responsibilities as prescribed
by the laws of this state, or a personal interest, arising from any
situation, within the scope of this rule, if he or she has reason to
believe or expect that he or she will derive a direct monetary gain
or suffer a direct monetary loss, as the case may be, by reason of
his or her official activity. He or she does not have an interest that
is in substantial conflict with the proper discharge of his or her
duties in the public interest and of his or her responsibilities as
prescribed by the laws of this state, or a personal interest, arising
from any situation, within the scope of this rule, if any benefit or
detriment accrues to him or her as a member of a business,
profession, occupation, or group to no greater extent than any other
member of the business, profession, occupation, or group.

(d) A person who is subject to this rule may not be deemed to
be engaged in any activity that is in substantial conflict with the
proper discharge of his or her duties in the public interest and of
his or her responsibilities as prescribed by the laws of this state,
or to have a personal interest, arising from any situation, within
the scope of this rule, solely by reason of any of the following:

(1) His or her relationship to any potential beneficiary of any
situation is one that is defined as a remote interest by Section 1091
of the Government Code or is otherwise not deemed to be a
prohibited interest under Section 1091.1 or 1091.5 of the
Government Code.

(2) Receipt of a campaign contribution that is regulated,
received, reported, and accounted for pursuant to Chapter 4
(commencing with Section 84100) of Title 9 of the Government
Code, so long as the contribution is not made on the understanding
or agreement, in violation of law, that the person’s vote, opinion,
judgment, or action will be influenced thereby.

(e) The enumeration in this rule of specific situations or
conditions that are deemed not to result in substantial conflict with
the proper discharge of the duties and responsibilities of a legislator
or legislative employee, or in a personal interest, may not be
construed as exclusive.

The Legislature, in adopting this rule, recognizes that Members
of the Legislature and legislative employees may need to engage
in employment, professional, or business activities other than
legislative activities in order to maintain a continuity of
professional or business activity, or may need to maintain
investments, which activities or investments do not conflict with
specific provisions of this rule. However, in construing and
administering this rule, weight should be given to any coincidence
of income, employment, investment, or other profit from sources
that may be identified with the interests represented by those
sources that are seeking action of any character on matters then
pending before the Legislature.

(f) An employee of either house of the Legislature may not,
during the time he or she is so employed, commit any act or engage
in any activity prohibited by any part of this rule.

(g) A person may not induce or seek to induce any Member of
the Legislature to violate any part of this rule.

(h) A violation of any part of this rule is punishable as provided
in Section 8926 of the Government Code.

Ethics Committees

45. The Senate Committee on Legislative Ethics and the
Assembly Legislative Ethics Committee, respectively, shall receive
complaints concerning Members of their respective houses, and
may investigate and make findings and recommendations
concerning violations by Members of their respective houses of
Article 2 (commencing with Section 8920) of Chapter 1 of Part 1
of Division 2 of Title 2 of the Government Code. Each house shall
adopt rules governing the establishment and procedures of the
committee of that house.

Designating Legislative Sessions

50. Regular sessions shall be identified with the odd-numbered
year subsequent to each general election, followed by a hyphen,
and then the last two digits of the following even-numbered year.
For example: 2015-16 Regular Session.

Designating Extraordinary Sessions

50.3. All extraordinary sessions shall be designated in numerical
order by the session in which convened.

Days and Dates

50.5. (a) As used in these rules, “day” means a calendar day,
unless otherwise specified.

(b) When the date of a deadline, recess requirement, or
circumstance falls on a Saturday, Sunday, or Monday that is a
holiday, the date shall be deemed to refer to the preceding Friday.
When the date falls on a holiday on a weekday other than a
Monday, the date shall be deemed to refer to the preceding day.

Legislative Calendar

51. (a) The Legislature shall observe the following calendar
during the first year of the regular session:

(1) Organizational Recess--The Legislature shall meet on the
first Monday in December following the general election to
organize. Thereafter, each house shall be in recess from the time
it determines until the first Monday in January, except when the
first Monday is January 1 or January 1 is a Sunday, in which case,
the following Wednesday.

(2) Spring Recess--The Legislature shall be in recess from the
10th day prior to Easter until the Monday after Easter.

(3) Summer Recess--The Legislature shall be in recess from
July 17 until August 17. This recess shall not commence until the
Budget Bill is passed.

(4) Interim Study Recess--The Legislature shall be in recess
from September 11 until the first Monday in January, except when
the first Monday is January 1 or January 1 is a Sunday, in which
case, the following Wednesday.

(b) The Legislature shall observe the following calendar for the
remainder of the legislative session:

(1) Spring Recess--The Legislature shall be in recess from the
10th day prior to Easter until the Monday after Easter.

(2) Summer Recess--The Legislature shall be in recess from
July 1 until August 1. This recess may not commence until the
Budget Bill is passed.

(3) Final Recess--The Legislature shall be in recess on
September 1 until adjournment sine die on November 30.

(c) Recesses shall be from the hour of adjournment on the day
specified, reconvening at the time designated by the respective
houses.

(d) The recesses specified by this rule shall be designated as
joint recesses.

Recall from Recess

52. Notwithstanding the power of the Governor to call a special
session, the Legislature may be recalled from joint recess and
reconvene in regular session by any of the following means:

(a) It may be recalled by joint proclamation, which shall be
entered in the Daily Journal, of the Senate Committee on Rules
and the Speaker of the Assembly or, in his or her absence from
the state, the Assembly Committee on Rules.

(b) Ten or more Members of the Legislature may present a
request for recall from joint recess to the Chief Clerk of the
Assembly and the Secretary of the Senate. The request immediately
shall be printed in the Daily Journal. Within 10 days thereafter,
the Speaker of the Assembly or, if the Speaker is absent from the
state, the Assembly Committee on Rules, and the Senate
Committee on Rules shall act upon the request. If they concur in
desiring to recall the Legislature from joint recess, they shall issue
their joint proclamation to that effect entered in the Daily Journal
no later than 20 days after publication of the request in the Daily
Journal.

(c) If either or both of the parties specified in subdivision (b)
does not concur, 10 or more Members of the Legislature may
request the Chief Clerk of the Assembly or the Secretary of the
Senate to petition the membership of the respective house. The
petition shall be entered in the Daily Journal and shall contain a
specified reconvening date commencing not later than 20 days
after the date of the petition. If two-thirds of the Members of the
house or each of the two houses concur, the Legislature shall
reconvene on the date specified. The necessary concurrences must
be received at least 10 days prior to the date specified for
reconvening.

Procedure on Suspending Rules by Single House

53. Whenever these rules authorize suspension of the Joint
Rules as to a particular bill by action of a single house after
approval by the Committee on Rules of that house, the following
procedure shall be followed:

(a) A written request to suspend the joint rule shall be filed with
the Chief Clerk of the Assembly or the Secretary of the Senate, as
the case may be, and shall be transmitted to the Committee on
Rules of the appropriate house.

(b) The Assembly Committee on Rules or the Senate Committee
on Rules, as the case may be, shall determine whether there exists
an urgent need for the suspension of the joint rule with regard to
the bill.

(c) If the appropriate rules committee recommends that the
suspension be permitted, the Member may offer a resolution,
without further reference thereof to committee, granting permission
to suspend the joint rule. The adoption of the resolution granting
permission shall require an affirmative recorded vote of the elected
Members of the house in which the request is made.

Introduction of Bills

54. (a) A bill may not be introduced in the first year of the
regular session after February 27 and a bill may not be introduced
in the second year of the regular session after February 19. These
deadlines do not apply to constitutional amendments, committee
bills introduced pursuant to Assembly Rule 47 or Senate Rule 23,
bills introduced in the Assembly with the permission of the Speaker
of the Assembly, or bills introduced in the Senate with the
permission of the Senate Committee on Rules. Subject to these
deadlines, a bill may be introduced at any time except when the
houses are in joint summer, interim, or final recess. Each house
may provide for introduction of bills during a recess other than a
joint recess. Bills shall be numbered consecutively during the
regular session.

(b) The Desks of the Senate and Assembly shall remain open
during a joint recess, other than a joint spring, summer, interim,
or final recess, for the introduction of bills during business hours
on Monday through Friday, inclusive, except holidays. Bills
received at the Senate Desk during these periods shall be numbered
and printed. After printing, the bills shall be delivered to the
Secretary of the Senate and referred by the Senate Committee on
Rules to a standing committee. Bills received at the Assembly
Desk during these periods shall be numbered, printed, and referred
to a committee by the Assembly Committee on Rules. After
printing, the bills shall be delivered to the Chief Clerk of the
Assembly. On the reconvening of each house, the bills shall be
read the first time, and shall be delivered to the committee to which
they were referred.

(c) Unless approved by the Committee on Rules of the house
of origin, a Member may not author a bill during a session that
would have substantially the same effect as a bill he or she
previously introduced during that session. This restriction does
not apply in cases where the previously introduced bill was vetoed
by the Governor or its provisions were “chaptered out” by a later
chaptered bill pursuant to Section 9605 of the Government Code.
An objection based on this restriction may be raised only while
the bill is being considered by the house in which it is introduced.
Upon objection, the chairperson of a committee, if the objection
is raised in a committee hearing, or the presiding officer, if the
objection is raised on the floor of the house, may rule on the
objection to the bill. The objection to the bill may be referred to
the Committee on Rules of the house for a determination. The
Committee on Rules may obtain assistance as it may desire from
the Legislative Counsel as to the similarity of a bill or amendments
to a prior bill. Upon ruling on the objection, the Committee on
Rules may rerefer the bill to the appropriate standing committee
or return the bill to the floor of the house for consideration.

(d) During a joint recess, the Chief Clerk of the Assembly or
Secretary of the Senate, as applicable, shall order the preparation
of preprint bills when so ordered by any of the following:

(1) The Speaker of the Assembly.

(2) The Committee on Rules of the respective house.

(3) A committee, with respect to bills within the subject matter
jurisdiction of the committee.

Preprint bills shall be designated and shall be printed in the order
received and numbered in the order printed. To facilitate
subsequent amendment, a preprint bill shall be so prepared that,
when introduced as a bill, the page and the line numbers will not
change. The Chief Clerk of the Assembly and Secretary of the
Senate shall publish a list periodically of preprint bills showing
the preprint bill number, the title, and the Legislative Counsel’s
Digest. The Speaker of the Assembly and Senate Committee on
Rules may refer any preprint bill to committee for study.

(e) (1) Bills providing for appropriations related to the Budget
Bill, within the meaning of subdivision (e) of Section 12 of Article
IV of the California Constitution, shall be authored only by the
Senate Committee on Budget and Fiscal Review or the Assembly
Committee on Budget.

(2) This subdivision may be suspended by approval of the
Committee on Rules of the house of origin.

(f) Except as provided in subdivision (e), this joint rule may be
suspended by approval of the Committee on Rules and
three-fourths vote of the membership of the house.

30-Day Waiting Period

55. A bill other than the Budget Bill may not be heard or acted
upon by committee or either house until the bill has been in print
for 30 days. The date a bill is returned from the printer shall be
entered in the Daily History. This rule may be suspended
concurrently with the suspension of the requirement of Section 8
of Article IV of the Constitution or, if that period has expired, this
rule may be suspended by approval of the Committee on Rules
and two-thirds vote of the house in which the bill is being
considered.

Return of Bills

56. Bills introduced in the first year of the regular session and
passed by the house of origin on or before the January 31st
constitutional deadline are “carryover bills.” Immediately after
January 31, bills introduced in the first year of the regular session
that do not become “carryover bills” shall be returned to the Chief
Clerk of the Assembly or Secretary of the Senate, respectively.
Notwithstanding Rule 4, as used in this rule “bills” does not include
constitutional amendments.

Appropriation Bills

57. Appropriation bills that, pursuant to paragraph (4) of
subdivision (b) of Section 12 of Article IV of the California
Constitution, may not be sent to the Governor shall be held, after
enrollment, by the Chief Clerk of the Assembly or Secretary of
the Senate, respectively. The bills shall be sent to the Governor
immediately after the Budget Bill has been enacted.

Urgency Clauses

58. An amendment to add a section to a bill to provide that the
act shall take effect immediately as an urgency statute may not be
adopted unless the author of the amendment has first secured the
approval of the Committee on Rules of the house in which the
amendments are offered.

Vetoes

58.5. The Legislature may consider a Governor’s veto for only
60 legislative days or until adjournment sine die of the session in
which the bill subject to the veto was passed by the Legislature,
whichever period is shorter.

Publications

59. During periods of joint recess, weekly, if necessary, the
following documents shall be published: Daily Files, Histories,
and Daily Journals.

Committee Hearings

60. (a) A standing committee or subcommittee thereof may
not take action on a bill at any hearing held outside of the State
Capitol.

(b) A committee may hear the subject matter of a bill or convene
for an informational hearing during a period of recess. Four days’
notice in the Daily File is required prior to the hearing.

(c) A bill may not be acted upon by a committee during a joint
recess.

Deadlines

61. The deadlines set forth in this rule shall be observed by the
Senate and Assembly. After each deadline, the Secretary of the
Senate and the Chief Clerk of the Assembly may not accept
committee reports from their respective committees except as
otherwise provided in this rule:

(a) Odd-numbered year:

(1) Feb. 27--Last day for bills to be introduced.

(2) May 1--Last day for policy committees to hear and report
to fiscal committees fiscal bills introduced in their house.

(3) May 15--Last day for policy committees to hear and report
to the floor nonfiscal bills introduced in their house.

(4) May 22--Last day for policy committees to meet prior to
June 8.

(5) May 29--Last day for fiscal committees to hear and report
to the floor bills introduced in their house.

(6) May 29--Last day for fiscal committees to meet prior to
June 8.

(7) June 1-June 5--Floor session only. No committee may meet
for any purpose.

(8) June 5--Last day for each house to pass bills introduced in
that house.

(9) June 8--Committee meetings may resume.

(10) July 17--Last day for policy committees to meet and report
bills.

(11) Aug. 28--Last day for fiscal committees to meet and report
bills.

(12) Aug. 31-Sept. 11--Floor session only. No committee may
meet for any purpose.

(13) Sept. 4--Last day to amend on the floor.

(14) Sept. 11--Last day for each house to pass bills.

(b) Even-numbered year:

(1) Jan. 15--Last day for policy committees to hear and report
to fiscal committees fiscal bills introduced in their house in the
odd-numbered year.

(2) Jan. 22--Last day for any committee to hear and report to
the floor bills introduced in that house in the odd-numbered year.

(3) Jan. 31--Last day for each house to pass bills introduced in
that house in the odd-numbered year.

(4) Feb. 19--Last day for bills to be introduced.

(5) Apr. 22--Last day for policy committees to hear and report
to fiscal committees fiscal bills introduced in their house.

(6) May 6--Last day for policy committees to hear and report
to the floor nonfiscal bills introduced in their house.

(7) May 13--Last day for policy committees to meet prior to
June 6.

(8) May 27--Last day for fiscal committees to hear and report
to the floor bills introduced in their house.

(9) May 27--Last day for fiscal committees to meet prior to
June 6.

(10) May 31-June 3--Floor session only. No committee may
meet for any purpose.

(11) June 3--Last day for each house to pass bills introduced
in that house.

(12) June 6--Committee meetings may resume.

(13) July 1--Last day for policy committees to meet and report
bills.

(14) Aug. 12--Last day for fiscal committees to meet and report
bills.

(15) Aug. 15-Aug. 31--Floor session only. No committee may
meet for any purpose.

(16) Aug. 19--Last day to amend on floor.

(17) Aug. 31--Last day for each house to pass bills.

(c) If a bill is acted upon in committee before the relevant
deadline, and the committee votes to report the bill out with
amendments that have not at the time of the vote been prepared
by the Legislative Counsel, the Secretary of the Senate and the
Chief Clerk of the Assembly may subsequently receive a report
recommending the bill for passage or for rereferral together with
the amendments at any time within two legislative days after the
deadline or, if the Legislature has recessed for the Summer Recess,
within seven calendar days after the deadline.

(d) Notwithstanding subdivisions (a) and (b), a policy committee
may report a bill to a fiscal committee on or before the relevant
deadline for reporting nonfiscal bills to the floor if, after the policy
committee deadline for reporting the bill to fiscal committee, the
Legislative Counsel’s Digest is changed to indicate reference to
fiscal committee.

(e) Any bill in the house of origin that is not acted upon during
the odd-numbered year as a result of the deadlines imposed in
subdivision (a) may be acted upon when the Legislature reconvenes
after the interim study joint recess, or at any time the Legislature
is recalled from the interim study joint recess.

(f) The deadlines imposed by this rule do not apply to the rules
committees of the respective houses.

(g) The deadlines imposed by this rule do not apply in instances
where a bill is referred to committee under Rule 26.5.

(h) The deadlines imposed by this rule do not apply in instances
where a bill is referred to a committee under Assembly Rule 77.2.

(i) (1) Notwithstanding subdivisions (a) and (b), a policy
committee or fiscal committee may meet for the purpose of hearing
and reporting a constitutional amendment, or a bill that would go
into immediate effect pursuant to subdivision (c) of Section 8, or
subdivision (e) of Section 12, of Article IV of the California
Constitution, at any time other than those periods when no
committee may meet for any purpose.

(2) Notwithstanding subdivisions (a) and (b), either house may
meet for the purpose of considering and passing a constitutional
amendment, or a bill that would go into immediate effect pursuant
to subdivision (c) of Section 8, or subdivision (e) of Section 12,
of Article IV of the California Constitution, at any time during the
session.

(j) This rule may be suspended as to any particular bill by
approval of the Committee on Rules and two-thirds vote of the
membership of the house.

Committee Procedure

62. (a) Notice of a hearing on a bill by the committee of first
reference in each house, or notice of an informational hearing,
shall be published in the Daily File at least four days prior to the
hearing. Otherwise, notice shall be published in the Daily File two
days prior to the hearing. That notice requirement may be waived
by a majority vote of the house in which the bill is being
considered. A bill may be set for hearing in a committee only three
times. A bill is “set,” for purposes of this subdivision, whenever
notice of the hearing has been published in the Daily File for one
or more days. If a bill is set for hearing, and the committee, on its
own initiation and not the author’s, postpones the hearing on the
bill or adjourns the hearing while testimony is being taken, that
hearing is not counted as one of the three times a bill may be set.
After hearing the bill, the committee may vote on the bill. If the
hearing notice in the Daily File specifically indicates that
“testimony only” will be taken, that hearing is not counted as one
of the three times a bill may be set. A committee may not vote on
a bill so noticed until it has been heard in accordance with this
rule. After a committee has voted on a bill, reconsideration may
be granted only one time. Reconsideration may be granted within
15 legislative days or prior to the interim study joint recess,
whichever first occurs. A vote on reconsideration may not be taken
without the same notice required to set a bill unless that vote is
taken at the same meeting at which the vote to be reconsidered
was taken, and the author is present. When a bill fails to get the
necessary votes to pass it out of committee, or upon failure to
receive reconsideration, it shall be returned to the Chief Clerk of
the Assembly or Secretary of the Senate of the house of the
committee and may not be considered further during the session.

This subdivision may be suspended with respect to a particular
bill by approval of the Committee on Rules and two-thirds vote
of the Members of the house.

(b) If the committee adopts amendments other than those offered
by the author and orders the bill reprinted prior to its further
consideration, the hearing shall not be the final time a bill may be
set under subdivision (a) of this rule.

(c) When a standing committee takes action on a bill, the vote
shall be by rollcall vote only. All rollcall votes taken by a standing
committee shall be recorded by the committee secretary on forms
provided by the Chief Clerk of the Assembly and the Secretary of
the Senate. The chairperson of each standing committee shall
promptly transmit a copy of the record of the rollcall votes to the
Chief Clerk of the Assembly or the Secretary of the Senate,
respectively, who shall cause the votes to be published as
prescribed by each house.

This subdivision also applies to action of a committee on a
subcommittee report. The rules of each house shall prescribe the
procedure as to rollcall votes on amendments.

Any committee may, with the unanimous consent of the members
present, substitute a rollcall from a prior bill, provided that the
members whose votes are substituted are present at the time of the
substitution.

A bill may not be passed out by a committee without a quorum
being present.

This subdivision does not apply to:

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

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

(3) Return of a bill to the house where the bill has not been
voted on by the committee.

(4) The assignment of a bill to committee.

(d) The chairperson of the committee hearing a bill may, at any
time, order a call of the committee. Upon a request by any member
of a committee or the author in person, the chairperson shall order
the call.

In the absence of a quorum, a majority of the members present
may order a quorum call of the committee and compel the
attendance of absentees. The chairperson shall send the Sergeant
at Arms for those members who are absent and not excused by
their respective house.

When a call of a committee is ordered by the chairperson with
respect to a particular bill, he or she shall send the Sergeant at
Arms, or any other person to be appointed for that purpose, for
those members who have not voted on that particular bill and are
not excused.

A quorum call or a call of the committee with respect to a
particular bill may be dispensed with by the chairperson without
objection by any member of the committee, or by a majority of
the members present.

If a motion is adopted to adjourn the committee while the
committee is operating under a call, the call shall be dispensed
with and any pending vote announced.

The committee secretary shall record the votes of members
answering a call. The rules of each house may prescribe additional
procedures for a call of a committee.

Uniform Rules

63. A standing committee of either house may not adopt or
apply any rule or procedure governing the voting upon bills that
is not equally applicable to the bills of both houses.

Votes on Bills

64. Every meeting of each house and standing committee or
subcommittee thereof where a vote is to be taken on a bill, or
amendments to a bill, shall be public.

Conflicting Rules

65. The provisions of Rule 50 and following of these rules
prevail over any conflicting joint rule with a lesser number.