Scheduling Regular Committee Hearings: (a) Committee hearings are regularly scheduled at the time and place designated in the Assembly File. (Assembly Rule 56)
Requirements of an Open Meeting: All committee meetings are open to the public, except as specifically authorized in Assembly Rule 11.3 relating to employment of a public officer or staff, safety and security of committee members and staff, and when the committee is receiving legal counsel on pending or reasonably anticipated litigation. Committee members may not meet privately to discuss legislation or other issues before the committee, if that number of members attending the meeting would constitute a quorum of the committee. Any substantive discussion of how members plan to vote on bills before the committee would raise question as to the purpose of the meeting, and thus may be construed as a violation of Assembly Rules. (Assembly Rule 11.3)
Photographs and Recordings of Public Meeting: The public, including accredited press representatives, shall not be excluded from any public legislative meeting or hearing and shall not be prohibited from taking photographs of, televising, or recording the committee or house hearings. The committee follows the rules set by the Assembly Committee on Rules regarding access to public legislative meeting and hearing spaces, including the placement and use of equipment for recording or broadcasting, to minimize disruption of the proceedings. All legislative meetings are required to comply with the provisions related to the public’s recording of legislative meetings set forth in Resolution Chapter 163 of the Statutes of 2018. (Assembly Rule 25)
Setting of Bills
Definition of a Bill: The word "bill," as used in these rules, includes a constitutional amendment, a concurrent resolution, and a joint resolution, except as otherwise specifically exempted under the House or Joint Rules. (Assembly Rule 46 and Joint Rule 6)
Setting of a Bill: All bills referred to the committee pursuant to Assembly Rule 51 will be set and heard, if requested by the author. Bills may be set by the Chair at the time convenient to the committee. Measures may be set for a special time as a "special order of business" at the discretion of the Chair. To the extent possible, bills of like subject matter will be grouped and set together on the same hearing date. (Assembly Rule 56 and 56.1)
Public Notice of a Bill Set: Bills shall be noticed for hearing in the Assembly Daily File for at least four (4) days prior to the hearing of the first committee of reference, unless such notice is waived by a majority vote of the Assembly. If the committee is of second or other reference of the bill, the notice will be published in the Assembly Daily File for at least two (2) days prior to the hearing. These rules may be waived by a majority vote of the Assembly. (Joint Rule 62a*)
Public Notice of an Informational Hearing: An informational hearing shall be noticed in the Assembly Daily File for at least four (4) days prior to the hearing. This rule may be waived by a majority vote of the Assembly. (Joint Rule 62a*)
Application of the Three Set Rule: A bill may be set for hearing in a committee only three (3) times. A "set" occurs when a notice for hearing has been published in the Daily File for one or more days. If a bill has been set for hearing and the committee, at its own initiative, postpones the hearing or adjourns the hearing while testimony is being taken, such a hearing will not be counted as one of the three sets. 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 the bill may be set. The committee, however, may not vote on a bill which has been noticed as “testimony only.” If the committee adopts amendments other than those offered by the author and the bill is sent to be reprinted prior to the committee taking further action, the hearing where the amendments are taken does not count as the final set. This rule may be suspended with respect to a particular bill by approval of the Assembly Committee on Rules and two-thirds vote of the Members of the Assembly. (Joint Rule 62a* and 62b*)
Failure to Return Committee Worksheet: The Chair may remove a bill from a scheduled hearing or refuse to set a bill, if the author fails to return a completed worksheet for the bill one week from the date that the worksheet was provided to the author’s office. Such a set shall be deemed an author's set. A completed worksheet contains, at minimum, all requested background information, a summary statement of the bill's intent, and a summary of any amendments being considered by the author for inclusion prior to the committee hearing.
Committee Analysis
Availability of the Committee Analysis: Committee staff analyses of bills scheduled for hearing will be made available to the public in the committee office at least one (1) working day prior to the day of the committee hearing. In case of a special hearing, analyses for bills scheduled to be heard will be made available to the public at the beginning of the hearing and prior to any testimony being taken on the bill. A working day is any day in which an Assembly File is published. (Assembly Rule 56.5)
Distribution of the Committee Analysis: A copy of committee analyses will be provided to the authors and members of the committee prior to its general distribution to the public.
Requirements of an Official Letter of Support and Opposition for a Committee Hearing Analysis: Support and opposition letters not received by 12:00 p.m. on the Wednesday prior to the hearing are not assured of being reflected in the Committee analysis. Letters must be signed and on official letterhead if submitted on behalf of an organization or association that includes the name, mailing address, and telephone number. The Assembly JEDE Committee is now accepting position letters electronically via the Advocates Portal, which can be accessed at: https://calegislation.lc.ca.gov/Advocates/ or by using the “Submit Position Letter” button on our website, found here: https://ajed.assembly.ca.gov/. Any letters submitted and approved via the Portal will not need to be copied/emailed or faxed to Committee staff. Electronic versions of the letters that meet these requirements may be accepted at the discretion of the Committee. The deadline for submitting letters for special hearings shall be set by the Chair. Letters of support and opposition received after the deadline may, at the discretion of the Chair, be listed on a separate document, “Late Support and Opposition,” and distributed at the committee hearing.
Support and Opposition Letters are Public Records: All letters of support and opposition are a matter of public record. The public may review the committee bill files by contacting the committee office and arranging an appointment at a mutually agreeable time during regular business hours.
Amendments
Author’s Amendments:
For a non-substantive bill pending referral which the author anticipates will be referred to this Committee, the author must provide the Committee with author’s amendments when they are provided to the Rules Committee. Failure to do so may result in a bill not being set for hearing.
The deadline for submitting author’s amendments for a hearing, including a special hearing, shall be 1:00 p.m. on the seventh (7th) calendar day preceding the date that the bill is scheduled to be heard by the committee. As an example, for a Tuesday hearing, an author is required to submit amendments by 1:00 pm on the Tuesday preceding the scheduled Tuesday hearing. The author is required to provide the committee with three copies of the proposed amendments, in Legislative Counsel form, with the copy stamped by Legislative Counsel as “original” signed by the author. Amendments received after the deadline shall only be put over the Assembly Desk with the expressed permission of the Chair.
An author may email the committee with the digital file provided by Legislative Counsel (secure .pdf) in lieu of submitting the paper version of the amendments required in (b). (Assembly Rule 68)
Late Amendments: Failure to meet the committee's amendment deadline may be cause to remove the bill from the committee hearing agenda and have the bill placed on the agenda for the next hearing to allow adequate time for the public to review the legislative matter and for the staff to reanalyze the bill. Should there be no regularly scheduled hearing prior to a policy committee deadline, the committee is not required to request an additional hearing from the Speaker of the Assembly in order to have the bill meet the deadline.
Amendments Proposed in Committee: 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. Amendments which the author proposes to present in committee must be prepared in mock-up form. The Chair shall determine whether or not an amendment is substantive. Otherwise, the Chair shall generally characterize the amendments being voted upon prior to the roll being called. Committee staff shall be responsible for preparing any amendments adopted in Committee. [Assembly Rules 67 and 68.5’]
Urgency Clause Amendments: No bill pending in the committee can be amended to add an urgency clause unless the author of the amendment has obtained prior approval of the Assembly Committee on Rules. (Joint Rule 58*)
Committee Hearings
Organization of the Hearing: Bills set for hearing will be heard in a manner and in an order most conducive to the work of the committee, including scheduling bills of a similar subject matter at the same hearing. (Assembly Rule 56)
Investigating Committee: As a standing committee of the Assembly, the committee is also constituted as an investigating committee and is authorized and directed to conduct oversight hearings and to ascertain, study, and analyze all facts relating to any subjects or matters which the Committee on Rules assigns or upon its own initiative. (Assembly Rule 11.5)
Definition of a Quorum: The Speaker is responsible for determining the size and membership of a committee. A majority of the committee membership constitutes a quorum. A quorum is required to report a bill out of committee. Lacking a quorum, a committee may – at the Chair's discretion – act as a subcommittee (for the purpose of taking testimony and recommending action to the full committee) until a quorum is present. A vacancy on the committee does not reduce the votes required to take action on a bill. (Assembly Rule 12, Assembly Rule 57, Joint Rule 62c*).
Call of the Committee and a Quorum Call: The Chair may order a call of the committee at any time the committee is hearing a bill. At the request of the author or any committee member, the Chair is required to order a call of the committee. In the absence of a quorum, a majority of the members present may order a quorum call of the committee for any reason. Once a quorum call has been appropriately called, the Chair shall send the Sergeant of Arms for those members who are absent and not excused from the hearing by the Speaker of the Assembly. If the quorum call relates to a particular bill before the committee, only those members who have not voted on the bill are required to return to the committee to vote unless ordered by the Chair.
A quorum call or a call of the committee with respect to a specific bill may be dispensed with by the Chair without objection by any committee members, or by a majority vote 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. (Joint Rule 62d*)
Time Limits on Bill Presentations: At the discretion of the Chair, testimony on one or more bills may be limited in order to ensure that all of the bills on the agenda have a fair and reasonable opportunity to be presented by the author and heard and discussed by the committee. In the event that time limits are enacted, the Chair shall ensure that both support and opposition receive equitable time for their presentation.
Presentation of Another Member’s Bill: If an author is unable to present their bill, another Member of the Legislature, or a member of the author’s staff, may, with the permission of the Chair, present the bill on the behalf of the author. The request to the Chair shall be made in writing and provide authorization for a specific individual to present the bill. No lobbyist, sponsor, or member of the public may present the bill before the committee.
Committee Member Bill Presentations: Bills authored by one or more committee members shall be heard last, unless no other authors are present in the hearing room or the presentation of the bill at another time expedites the work of the committee or Legislature.
Committee Involvement after Passage of the Bill: The Chair may require, as a condition for passage of a bill from the committee, a commitment by the author to keep the committee involved and informed in the development of the bill as it moves through the Legislature. Subsequent amendments to a bill that are contrary to the policies approved by the committee, as the measure passed the committee, shall be clearly indicated in the Assembly Floor analysis. The Chair may make a request of the Speaker that a bill be returned to the committee pursuant to Assembly Rule 77.2 or by a motion approved by a majority vote of the Assembly if the bill is substantially amended after it leaves the committee.
Voting
Action on a Bill: A vote to pass a bill from committee may only be taken after a motion and a second to the motion have been made by members of the committee. The committee shall record the name of the member who made the motion and the second. This information shall be available, upon request, for public review after the hearing. A vote on a bill may be taken only after the author, witnesses in support of the bill, witnesses in opposition to the bill, and the public have been granted the opportunity to be heard.
Passage of a Bill: A majority of the full committee membership is required to pass a bill from the committee. Any vacancy on the committee does not reduce the votes required to take action on the bill in committee. (Assembly Rule 57)
Amendments to a Bill in Committee: A majority of those present and voting is required to amend a bill in committee, unless the amendment is included within a motion that constitutes the committee’s final action on the bill, constitutional amendment, or resolution, in which case, the motion must be approved by a majority of the membership of the committee. (Assembly Rule 57)
Roll Call Vote Required: A recorded roll call vote must be taken on all of the following actions of the committee or subcommittee:
An action that constitutes the committee's final action on a bill, constitutional amendment, or resolution;
An action to approve amendments taken up in committee, whether adopted or not;
An action to reconsider a committee action, including a substitute motion proposing to amend an earlier motion; and
An action to make a recommendation to the Assembly Floor relating to Executive Reorganization plans. (Assembly Rule 58.5 and Joint Rule 62(c)*)
No Roll Call Vote Required: A recorded roll call vote is not required on the following actions by the committee:
Procedural motions that do not have the effect of disposing of a bill;
The return of a bill to the Assembly floor where the bill has not been voted on by the committee; and
The withdrawal of a bill from the committee's calendar at the request of the author. (Joint Rule 62c*)
Substitution of a Roll Call Vote: With unanimous consent of the members, a roll call vote from a bill taken up previously may be substituted for the roll call vote on another bill, provided all the members whose votes are substituted are present at the time of substitution. (Joint Rule 62c*)
Bills Placed on Call: At the request of the author of a bill, or any committee member, and prior to announcement of the final outcome of the bill, the Chair shall hold the roll open until the adjournment of the committee meeting. When a bill is on call, a member may vote on the bill only when the call is lifted by the Chair. Prior to a motion to adjourn, all calls must be lifted and the votes announced. (Assembly Rule 58.5)
Bill Held in Committee: A motion to "hold in committee" requires a second, shall be put to the committee, and requires an affirmative vote by a majority of those present and voting.
Vote Adds: Once the final outcome of a vote has been announced by the Chair, whether passage or failure of the bill, no votes may be added to the roll if those votes would affect the passage or failure of the bill. Under no circumstances shall a vote be cast to any bill after the committee has been officially adjourned.
Conflicts of Interest: Whenever a committee member is disqualified from taking any action on a bill, pursuant to Joint Rule 44 or the Political Reform Act of 1974, that disqualification shall be treated the same as a vacancy and will have no effect on the required number of votes for passage. The member shall advise the Chair of the disqualification in writing, and the Chair shall announce the member so disqualified at the beginning of the hearing or as soon as the Chair is notified, whichever is later. (Assembly Rule 57)
Reconsideration
Reconsideration Vote: After the final vote on a bill has been announced, reconsideration may be granted only once. The motion and second to reconsider the vote on the bill may be made by any member of the committee. A majority vote of the membership of the committee is required for the bill to be reconsidered. (Assembly Rule 57.1 and Joint Rule 62a*)
Reconsideration Vote at the Initial Hearing: No notice of the reconsideration vote is required if the reconsideration vote is taken in the presence of the author during the same hearing as the vote that is being reconsidered occurred. (Assembly Rule 57.1 and Joint Rule 62a)
Request for Reconsideration after Initial Hearing: A vote for reconsideration shall be held within 15 legislative days of the hearing where the bill failed passage, or prior to the interim study joint recess, whichever occurs first. To request that a bill be placed on a future committee agenda for a reconsideration vote, the author shall submit a written request to the committee within a timeframe that provides the committee with adequate time to meet applicable notice requirements and legislative deadlines. The committee may only vote on reconsideration if the bill has been noticed for a reconsideration vote in the Assembly File for at least four days if the committee is the committee of first reference, or for at least two days if the committee is the committee of second reference. An action taken by the committee may not be reconsidered except by a majority vote of the committee. This rule may be suspended by the Assembly Committee on Rules approval and a two-thirds vote of the membership of the Assembly. (Assembly Rule 57.1 and Joint Rule 62a*)
Committee Actions after Reconsideration is Granted: If reconsideration is granted, the committee may vote on the bill immediately, or may postpone the vote until the next regular or special hearing. If the motion for reconsideration fails, the bill may not be considered further during the session and it must be returned to the Chief Clerk. (Assembly Rule 57.1 and Joint Rule 62a*)
Consent Calendar
Establishment of the Consent Calendar: The Chair may place bills with no known opposition on a committee "consent calendar." This consent calendar list must be made available to the public at least one working day prior to the hearing. If any committee member objects to a bill being placed on the consent calendar, that bill shall be removed and heard as a regular agenda item. (Assembly Rule 56.7)
Consent Calendar Referrals: The Chair may report an uncontested bill out of committee with a recommendation that it be placed on the Consent Calendar of the Assembly Floor. An uncontested bill means a bill that receives a do-pass or a do-pass as amended recommendation from the committee by unanimous vote of the members present, and for which no opposition has been expressed on the final version of the bill on which the committee voted. The author, or any member of the committee, may make the request to the Chair that the bill be recommended to be placed on Assembly Floor Consent Calendar. (Joint Rule 22.1 and 22.2*)
Subcommittees
Establishment of a Subcommittee: The Chair may request the establishment of a subcommittee from the Speaker. The Speaker may create a subcommittee for the purpose of providing an in-depth study of a particular bill or subject matter. Bills may be assigned to a subcommittee as deemed proper by the Chair.
Subcommittee Rules of Operation: A Subcommittee will operate under the same rules as the full committee, subject to approval of the full committee. All actions for the subcommittee are advisory to the full committee.
Interim Study Recommendation
Interim Study Referrals: The committee may refer the subject matter of any bill not given a do-pass recommendation to the Rules Committee for interim study. The committee may, however, subsequently hear the bill and report the measure out of committee on a do-pass or do-pass as amended recommendation. (Assembly Rule 59)
