Can Legislative Committees Work as a Subcommittee?

During this busy time with committees hearing hundreds of bills, it often takes time to establish a quorum. What is the importance of establishing a quorum? And can Standing Committees of the California Legislature act as a subcommittee?

What is the importance of a quorum and how is it established? In the California Legislature, according to the Office of Legislative Counsel, “a quorum must be recorded in order for legislative business to be transacted.”

For example, Section 7(a) of Article IV of the California Constitution provides, in part, the following: “A majority of the membership constitutes a quorum, but a smaller number may recess from day to day and compel the attendance of absent members.”

As a result of this constitutional requirement, the quorum is the minimum number of legislators that are required to be present in order to begin conducting official legislative business in committees or on the Floors of the Senate and Assembly. In addition, Joint Rule 62(a) provides that: “A bill may not be passed out by a committee without a quorum being present.”

So, under Joint Rule 62(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.” Moreover, JR 62(d) specifies that, “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.”

In addition, also pursuant to JR 62(d), “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.”

There are actually a number of committee actions that can occur without a quorum? They are found in Joint Rule 62(c) and are listed as follows, which states that 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.

Essentially, then the state Constitution and the Joint Rules of the Senate and Assembly require a quorum to be established before official actions can occur in committee. Because hearing a bill and taking witness testimony is not viewed as an official action, it is entirely proper to “start as a subcommittee.” Official action refers more to voting on a bill or making or voting on a motion is, rather than hearing bill presentations.

Finally, there is an custom and practice historically to only begin as a subcommittee when the vice chair or a Republican member is present at the committee hearing. However, that informal practice is not always followed, but I believe it is a good practice to follow.