CA Legislative Explainer: Convening a New Legislative Session

CA Legislative Explainer: Convening a New Legislative Session By Chris Micheli 

The California Legislature convenes a new two-year session every other December. California’s Constitution, in Article IV, Section 3(a), requires that “The Legislature shall convene in regular session at noon on the first Monday in December of each even-numbered year and each house shall immediately organize. Each session of the Legislature shall adjourn sine die by operation of the Constitution at midnight on November 30 of the following even-numbered year.”

 

There are additional provisions found in the California Government Code. Section 9020 provides that “The Legislature shall convene in regular session at the City of Sacramento at noon on the first Monday in December of each even-numbered year, and each house shall immediately organize.”

 

Section 9022 provides the following for the State Senate: “At the day and hour appointed for the assembling of any regular session of the Legislature, the President of the Senate, or in case of his absence or inability, the senior member present, shall take the chair, call the members and members elect to order, and have the secretary call over the senatorial districts, in their order, from which members have been elected at the preceding election. As the districts are called the members elect shall present their certificates, take the constitutional oath of office, and assume their seats. If a quorum is present, the Senate may then elect its officers.”

 

Section 9023 provides the following for the State Assembly: “At the day and hour appointed for the assembling of any regular session of the Legislature, the Chief Clerk of the Assembly, or in case of his absence or inability, the senior member elect present, shall take the chair, call the members elect to order, and call over the roll of counties in alphabetical order. As the counties are called the members elect shall present their certificates, take the constitutional oath of office, and assume their seats. If there is more than one senior member elect present and the senior members are unable to agree as to who shall the session to order, the Attorney General or one of his deputies shall call the session to order. If a quorum is present, the Assembly shall then elect its officers, and there shall be no other business, motion or resolution considered before the election of the Speaker, save and except a motion to adjourn or a motion for a call of the house.”

 

Prior to that first Monday in December, the four political parties in the two houses usually organize themselves. The Assembly has a specific rule on this, while the Senate does not.

 

Assembly Rule 13.1, titled “Organization of Party Caucuses,” provides the following: “Within two days after the general election held in November of each even-numbered year, the caucus of the political party having the greatest number of Members in the Assembly, and the caucus of the political party having the second greatest number of Members, each may meet for the purpose of selecting their officers for the next regular session. The convening of the respective party caucus meetings shall be at the discretion of the Speaker and the leader of the caucus of the political party having the second greatest number of Members. The rules and procedures of each caucus shall be determined by that caucus, but may not be inconsistent with these rules.”

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