Frequently Asked Questions about California Legislative Committee Rules

Frequently Asked Questions about California Legislative Committee Rules By Chris Micheli 

How many standing committees are there in the State Senate? 22

 

How many standing committees are there in the State Assembly? 33

 

Which rules govern the California Legislature’s committee rules? The committees operate under the Joint Rules of the Legislature, as well as the Standing Rules of the Senate and Assembly, respectively.

 

May standing committees adopt rules governing the operation of their committees? Yes, these committee rules set forth the procedures and guidelines that are used to conduct the business of the particular legislative committee.

 

What are examples of common items found in committee rules? For example, they set forth the date, time, and location of the committee hearings; and, a majority of the committee’s members constitute a quorum.

 

What are committee worksheets? When a legislative measure is referred to the committee, then the committee staff provides the bill’s author a worksheet (“Background Information Request”) to be completed as part of the preparation of the committee analysis.

 

What is the general rule for the setting of bills? As a general rule, no measure may be set, nor file notice published, until it has been referred to a committee.

 

How are Daily File notices usually handled? A bill of first reference being heard in the committee must be noticed in the Assembly or Senate Daily File at least four days prior to a hearing. Otherwise, notice must be published in the Daily File two days prior to the hearing.

 

What is the “Three Set Limit”? A bill may be set for hearing in a committee only three times. If the author postpones the hearing of a bill, or submits amendments causing the hearing to be rescheduled, those actions may count as a set. If the Committee postpones the hearing on the bill, that action does not count as a set.

 

How are committee analyses of legislative measures handled? A committee analysis is required for every bill, resolution, or constitutional amendment. Analyses are generally made available to the public at least one working day prior to the hearing.

 

What is the general order of the committee agenda? The general rule is that bills of the committee members are taken up after all other authors present have taken up their measures. The Committee consent calendar may be taken up as determined by the Chair.

 

What happens when an author is not present for the hearing? If a bill is to be presented by someone other than the author, the representative must be an Assemblymember or Senator, a member of the author’s staff, or staff of an Assembly or Senate committee. No lobbyist, sponsor or supporter of the bill may present the bill before the Committee. And, the author must first provide the Committee with a signed authorization letter from the author.

 

How are amending bills handled? The usual rules are that, when submitting amendments to Legislative Counsel for a bill in the possession of a committee, or a bill is in the subsequent possession of the Senate or Assembly Floors, the author’s office provides a copy to the Committee as a courtesy.

 

How are author’s amendments usually offered in committee? The general rule is that, if an author offers amendments at the hearing, and the amendments are substantive, the Chair may put the bill over to allow adequate time for Committee staff to reanalyze the bill and provide an updated analysis to the Committee members.

 

How are committee hearings held? All committee meetings, except for an authorized closed session, are open and public, and all persons are allowed to attend the meetings.

 

How is testimony limited by committees? When it is necessary, due to the number or complexity of the bills on the agenda at a hearing, the Chair, at his or her discretion, may limit testimony, the number of witnesses, etc.

 

What is the role of the committee vice chair? If, at a hearing commenced by the Chair, the Chair is not present or otherwise is presenting a bill to the committee, the Vice-Chair temporarily presides. If the Vice-Chair is absent when the Chair must also be absent, the Chair may designate another Committee member to temporarily assume his or her duties.

 

How is voting conducted in committee hearings? First, a quorum is required to conduct official business. A majority of the entire Committee constitutes a quorum. A quorum is necessary to take action or to adopt amendments. A majority of the entire Committee is required to report a bill out of Committee. Committee action on bills, including reconsideration, is by roll call vote.

 

How are motions made in committee? A member who desires to make a motion must first obtain recognition by the Chair. The member then opens by stating his or her motion, and may not speak to the merits of the motion at that time, but confines any remarks to those necessary to explain the motion.

 

How is reconsideration handled? In committees, reconsideration of a bill may be granted only one time. And there are specified instances where a motion to reconsider can be made.

 

How does a committee conduct an interim study or an informational hearing? A Committee may refer the subject matter of any bill to the Rules Committee for interim study by a majority of those present and voting or by unanimous consent. In addition, the Chair may call the Committee to conduct public hearings, gather information, discuss proposed legislation, or for any other proper purpose, conditioned on the approval of the Speaker or the Senate Rules Committee and publication of the appropriate four-day file notice.

 

How are letters of support and opposition handled? Letters communicating a formal position on a bill (support, opposition, concerns, etc.) must be received by the Committee by a specified day the week preceding the scheduled hearing of the bill in order for the position to be referenced in some form in the analysis.

 

How are legislative records accessed? The Committee Secretary is the custodian of the Committee’s legislative records. The legislative records are open to inspection and reproduction by the public in the Committee office by appointment during normal working hours, subject to Assembly or Senate requirements. The records held in the State Archives are open to inspection and reproduction pursuant to the procedures established by the Secretary of State.

 

How are committee bills handled? The general rule is that a committee may introduce a bill germane to any subject within the proper consideration of the Committee in the same manner as any member. A committee bill must contain the signature of a majority of the members of the Committee, including the Chair.