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The Do’s and (mostly) Don’ts of Legislative Branch Provisions

Interesting provisions found in state statutes

By Chris Micheli, May 24, 2019 8:00 am

Here are some interesting provisions about the legislative branch found in state statutes (along with the relevant section):

Article 1 deals with legislative compensation and is covered in Sections 8902 and 8903. When legislators are in Sacramento to attend a legislative session, as well as when they are traveling to and from a committee hearing, they are entitled to reimbursement for living expenses at a rate established by DGS. (Section 8902) When traveling by a common carrier of passengers, a legislator is entitled to reimbursement for the actual costs of travel. No mileage is paid for vehicle travel provided by a public agency. (Section 8903)

Article 2 deals with the Code of Ethics as set forth in Sections 8920 – 8926. A legislator, state elected or appointed officer, or judge must not have any financial or other interest, direct or indirect, or engage in any business or professional activity or incur any obligation that is in substantial conflict with the proper discharge of his or her duties in the public interest. Legislators are prohibited from doing specified activities. There are also exceptions for when a legislator may vote on something in which he or she has a personal interest. (Section 8920)

A person subject to this section of law has an interest that is in substantial conflict with the proper discharge of his or her duties in the public interest 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 by reason of his or her official activity. This standard is not met if the legislator’s benefit or detriment as a member of a group to no greater extent than any other member of that group. (Section 8921)

A person subject to this section of law is not engaged in any activity that creates a conflict solely by reason of a relationship to any potential beneficiary that is a remote interest, or receipt of a campaign contribution so long as the contribution does not influence the vote or action. (Section 8922)

An employee of the Senate or Assembly must not commit any act or engage in any activity that is prohibited by this section of law. The provisions applicable to legislators are also applicable to legislative employees. But a legislative employee is not prohibited from serving in an elective or appointive regional or local public agency. (Section 8924)

The Legislature finds and declares that the California Council on Science and Technology was organized as a nonprofit corporation and the council was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature. (Section 8924.5)

No person can induce or seek to induce any Member of the Legislature to violate any provision of the law. (Section 8925) Every person who knowingly and willfully violates any provision of this law is guilty of a misdemeanor and every person who conspires to violate any provision of this law is guilty of a felony. (Section 8926)

Article 1 deals with the numbering and election of legislators and is set forth in Section 9000 – 9004. The Legislature consists of forty Senators and eighty members of the Assembly. (Section 9000) The term of office of a Senator is four years and the term of office of a Member of the Assembly is two years. (Section 9001) At the general election, a Senator must be elected in each odd-numbered senatorial district. At the general election in every fourth year a Senator must be elected in each even-numbered district. (Section 9002) At the general election in every even-numbered year a Member of the Assembly must be elected in each of the Assembly districts. (Section 9003)

When the Legislature convenes or is convened in regular or extraordinary session during or following a war or enemy-caused disaster and vacancies exist to the extent of one-fifth or more of the membership of either house caused by such disaster, either by death, disability or inability to serve, the vacancies must be temporarily filled. The remaining members of the house in which the vacancies exist, regardless of whether they constitute a quorum of the entire membership thereof, must by a majority vote of such members appoint a qualified person as a pro tempore member to fill each such vacancy. (Section 9004)

Article 2 deals with meeting and organization of the Legislature and is set forth in Section 9020 – 9026.5) The Legislature must 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 must immediately organize. (Section 9020) The certificate of election is prima facie evidence of the right to membership. (Section 9021)

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, must 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 must 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 9022)

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, must 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 must 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 must call the session to order, the Attorney General or one of his deputies must call the session to order.

If a quorum is present, the Assembly must then elect its officers, and there must 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. (Section 9023)

Members of the Legislature who did not take the oath of office at the assembling of the Legislature may take the oath at any time during the term for which they were elected. (Section 9024) An entry of the oath taken by members of the Legislature must be made on the journals of the proper house. (Section 9025) All standing committees of either the Senate or Assembly must be appointed by the presiding officer of their respective house if the house by resolution or its rules does not direct otherwise. (Section 9026)

Televised or other audiovisual recordings of public proceedings of each house of the Legislature and the committees may be used for any legitimate purpose and without the imposition of any fee due to the State or any public agency or public corporation. (Section 9026.5)

Article 2.2 deals with open meetings and are set forth in Sections 9027 – 9031. All meetings of a house of the Legislature or a committee must be open and public, and all persons must be permitted to attend the meetings. (Section 9027) Any meeting that is required to be open and public must be held only after full and timely notice to the public as provided by the Joint Rules of the Assembly and Senate. (Section 9028)  

A house of the Legislature or a committee may hold a closed session solely for any of the following purposes: (1) To consider the appointment, employment, evaluation of performance, or dismissal of a public officer or employee, to consider or hear complaints or charges brought against a Member of the Legislature or other public officer or employee, or to establish the classification or compensation of an employee of the Legislature. (2) To consider matters affecting the safety and security of Members of the Legislature or its employees or the safety and security of any buildings and grounds used by the Legislature. (3) To confer with, or receive advice from, its legal counsel regarding pending or reasonably anticipated, or whether to initiate, litigation when discussion in open session would not protect the interests of the house or committee regarding the litigation. (Section 9029)

A caucus of the Members of the Senate, the Members of the Assembly, or the Members of both houses, which is composed of members of the same political party, may meet in closed session. (Section 9029)

Each Member of the Legislature who attends a meeting of the Assembly, the Senate, or any committee or subcommittee, where action is taken in violation of the law, with knowledge of the fact that the meeting is in violation, is guilty of a misdemeanor. (Section 9030) Any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this law by Members of the Legislature or to determine the applicability of this article to actions or threatened future action of a house of the Legislature or a committee. (Section 9031)

Article 2.5 deals with the legislative session after war or enemy-caused disaster. “Disaster” is defined to mean a war or enemy-caused calamity with this state. (Section 9035)   

If a disaster occurs, the Legislature must convene itself in special session immediately after such disaster first occurs, which session must convene at the permanent seat of government in the City of Sacramento or at the temporary seat of government as established by law if the session cannot be held in the City of Sacramento. (Section 9036)

If the Legislature is convened in special session pursuant to this law on the date specified by the State Constitution for the convening of a regular session, the Legislature may convene in such regular session without adjourning the special session or it may provide by concurrent resolution that the subjects to be considered at the regular session may be acted upon at the special session, and in such case the regular session must not be convened. (Section 9037)

Article 3 deals with crimes against the legislative power and is set forth in Section 9050 – 9056. Every person who willfully, and by force or fraud, prevents the Legislature, either of the houses composing the Legislature, or any of its members from meeting or organizing is guilty of a felony. (Section 9050)

Every person who willfully disturbs the Legislature, or either of the houses composing the Legislature while it is in session, or who commits any disorderly conduct in the immediate view and presence of either house tending to interrupt its proceedings or impair the respect due to its authority is guilty of a misdemeanor. (Section 9051) “Bill or resolution” includes a constitutional amendment. (Section 9051.5)

Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the Legislature for passage or adoption, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by the house, is guilty of a felony. (Section 9052)

Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the Legislature, with intent to procure it to be approved by the Governor, certified by the Secretary of State, or printed or published by the State in language different from that in which it was passed or adopted by the Legislature is guilty of a felony. (Section 9053)

Every person who intentionally, maliciously, with knowledge of the falsity, and with intent to defame a particular legislator, publishes or causes to be published any writing which purports to be a facsimile of an actual bill or resolution, or any part thereof, of the California Legislature, which is not an exact copy of a bill or resolution, or part thereof, which has been introduced in the Legislature, is guilty of a misdemeanor. This section does not apply to the print media, the electronic media, or to news services. (Section 9053.5)

Every person who obtains, or seeks to obtain, money or other things of value from another person upon a pretense, claim, or representation that he or she can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. (Section 9054)

Every member of the Legislature convicted of any crime defined in this article, in addition to the punishment prescribed, forfeits his or her office and is forever disqualified from holding any office in the State of California. (Section 9055)

Any person who secures through his or her influence, knowingly exerted for that purpose, the introduction of any bill, resolution or amendment into the State Legislature and thereafter solicits or accepts from any person other than a person upon whose request he or she secured such introduction, any pay or other valuable consideration for preventing or attempting to prevent, the enactment or adoption of such measure, while it retains its original purpose, is guilty of a crime and upon conviction is punishable by a fine of not exceeding $10,000 or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (Section 9056)

These code sections provide significant criminal penalties for those persons who interfere with the Legislature and its official proceedings. Individuals are prohibited from engaging in conduct that will falsify legislative documents or create inaccurate materials upon which legislators rely. (Section 9057)

Article 3.5 deals with the Legislative Open Records Act and is set forth in Sections 9070 – 9080. The Legislature finds and declares that access to information concerning the conduct of the people’s business by the Legislature is a fundamental and necessary right of every citizen in this state. (Section 9070) This article must be known and may be cited as the Legislative Open Records Act. (Section 9071)

The law defines the following terms, “Person”, “Legislature”, “Legislative records”, and “Writing”. (Section 9072) Legislative records are open to inspection at all times during the normal office hours of the Legislature and any person has a right to inspect any legislative record, except as hereafter provided. Any person may receive a copy of a legislative record if such record is of a nature permitting such copying. (Section 9073)

All requests to inspect any legislative record must be made to the appropriate Rules Committee of each house of the Legislature or the Joint Rules Committee, except that all requests to inspect any legislative record in the possession of the Auditor General must be made to the Joint Legislative Audit Committee. Such legislative records must be made available for inspection promptly and without unnecessary delay. The Rules Committee of each house, the Joint Rules Committee, and the Joint Legislative Audit Committee must adopt written guidelines stating the procedures to be followed when making legislative records available for inspection. (Section 9074)

Nothing in this law must be construed to invalidate or affect the operation of other laws to require the disclosure of records that are any of the following: Preliminary drafts, notes, or legislative memoranda; Records pertaining to pending litigation to which the Legislature is a party, or to claims made; Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy; Records pertaining to the names and phone numbers of senders and recipients of telephone and telegraph communications; Records pertaining to the name and location of recipients of automotive fuel or lubricants expenditures, provided that records of the total charges for those expenditures must be open for inspection; documents in the custody of the Legislative Counsel or maintained by majority and minority caucuses of each house; Correspondence of and to individual Members of the Legislature and their staff; Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law; Communications from private citizens to the Legislature; Records of complaints to or investigations conducted by, or records of security procedures of, the Legislature. (Section 9075)

Any person may institute proceedings for injunctive or declarative relief in any court of competent jurisdiction to enforce his right to inspect any legislative record or class of legislative records under this article. (Section 9076) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain legislative records are being improperly withheld from a member of the public, the court must order the committee charged with withholding the records to disclose the legislative record or show cause why the committee should not do so. (Section 9077)

The court must award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed. (Section 9078) If the court finds that the plaintiff’s case is clearly frivolous, it must award court costs and reasonable attorney fees to the public agency. (Section 9079)

The Legislature finds and declares that legislative records relating to bills, resolutions, or proposed constitutional amendments before the Legislature provide evidence of legislative intent that may be important in the subsequent interpretation of laws enacted in the Legislature. The Rules Committee of each house of the Legislature and the Joint Rules Committee must inform each committee of the Senate and Assembly, and each joint committee of the Legislature, of their responsibility to preserve legislative records and make them available to the public. (Section 9080)

Article 4 deals with legislative offices and is set forth in Sections 9100 – 9104. Legislative offices for the use of the Members of the Legislature in the performance of their legislative duties, must be maintained at all times, and without regard to whether the Legislature is or is not in session, in the State Building in Los Angeles, in the State Building in San Francisco, in San Diego, and in a state building in Alameda County. (Section 9100)

The legislative offices provided for in this law must be under the management and control of the Senate Committee on Rules. (Section 9101) The Department of General Services must provide suitable office space in the State Building in Los Angeles and in the State Building in San Francisco and in an appropriate building in San Diego County and in a state building in Alameda County for the offices provided for in this article, and must provide for the maintenance and upkeep of the same. (Section 9103) Appropriations for the support of the offices provided for in this law must be included in the Budget Bill. (Section 9104)

Article 1 deals with temporary officers and employees and is set forth in Sections 9150 and 9151) The Secretary of the Senate, the Chief Clerk of the Assembly, and the minute clerks and Sergeant-at-Arms of each house for any session must perform the duties of their offices at the next succeeding session, until their successors are elected and qualify. (Section 9150)

The Secretary of the Senate may appoint such temporary employees as are in his opinion necessary for the proper organization of the Senate. The Chief Clerk of the Assembly may appoint such temporary employees as are in his opinion necessary for the proper organization of the Assembly. They must serve only until the permanent organization is completed. (Section 9151)

Article 2 deals with permanent officers and employees and is set forth in Sections 9170 – 9173. The officers and employees of the Senate are: A President. A President pro tempore, one secretary, one Sergeant-at-Arms, one minute clerk and one chaplain. Other officers and employees deemed necessary by the Senate and provided for by resolution of the Senate. Officers and employees must be elected by a majority vote of the duly elected and qualified members of the Senate. (Section 9170)

The officers and employees of the Assembly are: A Speaker, a Speaker pro Tempore, a Majority Floor Leader, a Minority Floor Leader, one Chief Clerk, one Sergeant at Arms, one Minute Clerk and one Chaplain. Other officers and employees deemed necessary by the Assembly and provided for by resolution of the Assembly. Officers and employees, except the Majority and Minority Floor Leaders and Minute Clerk, must be elected by a majority vote of the duly elected and qualified Members of the Assembly. The Minute Clerk must be appointed by and serve at the pleasure of the Chief Clerk, subject to approval by the Assembly Rules Committee. (Section 9171)

All permanent officers and employees of the Senate or Assembly, except the President of the Senate and the Majority and Minority Floor Leaders and Minute Clerk of the Assembly, must be elected by the house to which they are attached. (Section 9172) Any officer or employee appointed or elected by the Senate or Assembly may at any time be removed in the same manner as is provided for his election or appointment. (Section 9173)

Article 3 deals with powers and duties and is set forth in Sections 9190 – 9196. The President or President pro tempore of the Senate may administer the oath of office to any Senator and to the officers of the Senate and the Speaker or Speaker pro tempore of the Assembly may administer the oath of office to any Assemblyman and to the officers of the Assembly. (Section 9190)

The Secretary of the Senate and Chief Clerk of the Assembly must: Administer the constitutional oath of office to the employees of their respective houses. Attend the session each day. Perform the duties as prescribed for them by law or by the rules of their respective houses. (Section 9191) The Secretary of the Senate and Chief Clerk of the Assembly may administer and certify oaths and may provide the proof or acknowledgment of an instrument. (Section 9191.5)

The assistant secretaries of the Senate and the assistant clerks of the Assembly must take charge of all bills, petitions, and other papers presented to their respective houses, file and enter them in the books provided for that purpose, and perform such other duties as may be directed by the Secretary of the Senate and Chief Clerk of the Assembly. (Section 9192) The Minute Clerk of the Senate and the Minute Clerk of the Assembly must keep a correct record of the proceedings of their respective houses. (Section 9193)

The Sergeant-at-Arms of the Senate and of the Assembly must: Under the direction of their presiding officers, have general supervision of the Senate and Assembly chambers, and the rooms attached. Attend during the sittings of their respective bodies, and execute their commands and all process issued by their authority. Keep an account for pay and mileage of members. (Section 9194)

The Sergeant at Arms and Assistant Sergeants at Arms of each house must have the powers and authority conferred by law upon peace officers in all parts of the state in carrying out their duties, and must not be liable to civil action for their acts in carrying out the orders of a Member of the Legislature presiding over any legislative proceeding, including sessions of the Legislature or either house thereof and hearings of legislative committees, or in carrying out the orders of a member to have any person removed from the office of the member, if the Sergeant at Arms or Assistant Sergeant at Arms acts without malice and in the reasonable belief that the member has the authority to issue the order. (Section 9194.5)

The Assistant Sergeant-at-Arms of each house must perform the duties of doorkeeper and keep order in the halls and lobbies. They must prohibit all persons, other than members, officers, employees, other persons who have the privilege of the floor assigned them by the rules of each house, and persons invited to enter within the bar, from entering within the bar of the House. (Section 9195)

The secretary and assistant secretaries, the chief clerk and assistant clerks, and the engrossing and enrolling clerks and the minute clerks of the Senate and Assembly must mark, label, and arrange all bills and papers belonging to the archives of their respective houses at the close of each session of the Legislature. They must then deliver the bills and papers and all the books of both houses to the Secretary of State, who must certify to their reception. (Section 9196)

Article 4.5 deals with the Speaker of the Assembly and is set forth in Sections 9220 – 9223. The Speaker is responsible for the efficient conduct of the legislative and administrative affairs of the Assembly from the final adjournment of any session of the Legislature until the convening of the next session including, but not limited to, the preparation, correction, filing and indexing of all bills, records, histories, and other official documents of the Assembly, the proper maintenance of committee rooms and offices of the Assembly and the assignment, and the signing of enrolled bills and delivery to the Governor. (Section 9220)

Every member, officer, and employee of the Assembly must, upon request, assist the Speaker in carrying out the duties imposed upon him under this article. (Section 9221) Neither the Speaker nor any Member of the Assembly who assists him must receive any additional salary for services rendered, but they must be allowed the same mileage and actual and necessary expenses for living accommodations and meals as is provided by the Joint Rules for members of investigating committees. Officers and employees who perform services pursuant to this law must be compensated at the same rate paid for their services during the session. (Section 9222)

Whenever the Speaker incurs expenses in connection with the work of an Assembly committee of which he is a member, whether an ex officio or otherwise, the Controller must draw his warrant in payment of the claim for such expenses when it is certified either by the chairman of the committee or by the Speaker. (Section 9223)

Chapter 5 deals with the enactment of statutes and the adoption of resolutions and is set forth in Sections 9500 – 9517. “Clerk” means the engrossing and enrolling clerk or the employee who performs the duties of engrossing and enrolling clerk when no employee is so designated by name. (Section 9500)

“Committee” means the engrossing and enrolling committee of the house ordering the engrossing or enrolling of a bill or other document or the committee of such house which performs the duties of engrossing and enrolling committee when no committee is so designated by name. (Section 9501) The enacting clause of every law must be “The people of the State of California do enact as follows:”. (Section 9501.5)

All bills and other documents ordered engrossed or enrolled by the Senate or Assembly must be delivered by the Secretary of the Senate or Chief Clerk of the Assembly, as the case may be, to the clerk of the house ordering the engrossment or enrollment. (Section 9502) The clerk must deliver the bills and documents without delay, in the order of their receipt, to the State Printer. (Section 9503)

The State Printer must receipt for the bills or documents, and without delay engross or enroll (print) them in the order of their receipt by him. So soon as printed, at least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and documents, must be printed on bond paper. (Section 9504)

The State Printer must deliver the engrossed or enrolled copy of the bill or document, with the original, to the clerk from whom he received the original. The clerk must carefully compare the engrossed or enrolled copy with the original. If correctly engrossed or enrolled, he must report it back with the original to the committee. (Section 9505)

All bills and documents that have been printed must be considered engrossed if no amendments have been made after being printed. The original bill or document must be delivered to the clerk of the house where it originated. He must compare the original with the printed bill or document, and forthwith deliver it to the committee for return to the house in the same manner as engrossed bills. (Section 9506)

If the enrolled copy of a bill or other document is found to be correct, the committee must present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. (Section 9507) Enrolled bills must be transmitted to the Governor for his approval. Until otherwise provided by the joint rules of the Legislature, enrolled constitutional amendments and enrolled joint and concurrent resolutions must be transmitted to the Governor and then filed in the office of the Secretary of State. (Section 9508)

As soon as an enrolled bill is delivered to the Governor, it must be endorsed as follows: “This bill was received by the Governor this ____ day of ____, 20__.” The endorsement must be signed by the private secretary of the Governor or by any other person designated by the Governor whose designation has been reported to the Speaker of the Assembly and the President pro Tempore of the Senate. (Section 9509)

When the Governor approves a bill, he must affix his name, with the date of signing, and deposit it in the Office of the Secretary of State, where it becomes the official record. Upon the receipt of any such bill, the Secretary of State must give it a number, to be known as the chapter number. He must number each bill in the order in which it is received by him, and the order of numbering must be presumed to be the order in which the bills were approved by the Governor. (Section 9510)

There must be two series of bill chapter numbers for each two-year regular session of the Legislature. Bills deposited with the Secretary of State from the beginning of the two-year session through December 31 of the odd-numbered year must be designated “Statutes of [odd-numbered year], Chapter ____.” Bills deposited with the Secretary of State after December 31 of the odd-numbered year must be designated “Statutes of [even-numbered year], Chapter ____.” Concurrent resolutions, joint resolutions, and proposed constitutional amendments adopted by the Legislature must be chaptered as resolution chapters with a different series of numbers than those assigned to bills but must otherwise be numbered and designated in the same manner as bills enacted into law. (Section 9510.5)

If a bill presented to the Governor contains an item or several items of appropriation, he may object to one or more items while approving other portions of the bill. In such case he must append to the bill, at the time of signing it, a statement of the items to which he objects, and the reasons therefor. If the Legislature is in session, the Governor must transmit to the house in which the bill originated a copy of the statement. The items so objected to must be separately reconsidered in the same manner as bills which have been disapproved by the Governor. (Section 9511)

When a bill has passed both houses of the Legislature and is returned by the Governor without his signature, and with objections, or if it be a bill containing an item or several items of appropriation which is returned with objections to one or more items, and upon reconsideration the bill, item, or items pass both houses by the constitutional majority, the bill, item, or items must be authenticated as having become a law by a certificate. (Section 9512)

The certificate must be indorsed on or attached to the bill, or indorsed on or attached to the copy of the statement of objections. It must be in the following form: “This bill having been returned by the Governor with his objections thereto, and, after reconsideration, having passed both houses by the constitutional majority, has become a law this ____ day of ____, ____”; or, “The following items in the within statement (naming them) having, after reconsideration, passed both houses by the constitutional majority, have become a law this ____ day of ____, ____.” A certificate signed by the President of the Senate and the Speaker of the Assembly is a sufficient authentication thereof. (Section 9513)

The bill or statement so authenticated must then be delivered to the Governor, and by him deposited with the laws in the Office of the Secretary of State. Bills so deposited in the Office of the Secretary of State must be given a chapter number in the manner provided in Section 9510. (Section 9514)

If on the day the Governor desires to return a bill without his approval and with his objections the house in which it originated has adjourned for the day, he may deliver the bill with his message to the Secretary of the Senate if it originated in the Senate, Chief Clerk of the Assembly if it originated in the Assembly, or any member of the house in which it originated. Such delivery is as effectual as though returned when the house was meeting. (Section 9515)

Except as otherwise provided in this section, every bill which has passed both houses of the Legislature, and has not been returned by the Governor within 12 days, thereby becoming a law, is authenticated by the Governor causing the fact to be certified thereon by the Secretary of State in the following form: “This bill having remained with the Governor 12 days, and the Legislature being in session, it has become a law this ____ day of ____, ____.” The certificate must be signed by the Secretary of State and deposited with the laws in his office. Upon the receipt of such a bill and certificate, the Secretary of State must assign a chapter number to the bill in the manner provided. (Section 9516)

Every bill which has been passed by the Legislature before September 1 of the second calendar year of the biennium of the legislative session, which was in the possession of the Governor on or after September 1, and which has not been returned by the Governor on or before September 30 of that year, thereby becoming a law, is authenticated by the Governor causing the fact to be certified thereon by the Secretary of State in the following form: “This bill having been passed by the Legislature before September 1 of the second calendar year of the biennium of the legislative session, having been in the possession of the Governor on or after September 1 of such year, and having remained with the Governor through September 30 of such year, it has become a law this ____ day of ____.” The certificate must be signed by the Secretary of State and deposited with the laws in his office. Upon the receipt of such a bill and certificate, the Secretary of State must assign a chapter number to the bill in the manner provided in Section 9510. (Section 9516)

The Legislature must finish its actions on the budget required by the Constitution by June 15th of each year. (Section 9517)

Chapter 6 deals with the operation of statutes and resolutions and is set forth in Sections 9600 – 9612. A statute enacted at a regular session must go into effect on January 1 next following a 90-day period from the date of enactment of the statute and a statute enacted at a special session must go into effect on the 91st day after adjournment of the special session at which the bill was passed. Statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the state, and urgency statutes must go into effect immediately upon their enactment. (Section 9600)

Every concurrent and joint resolution takes effect upon the filing of it with the Secretary of State. (Section 9602) The general rules for the construction of statutes are contained in the preliminary provisions of the different codes. (Section 9603) When the provisions of one statute are carried into another statute under circumstances in which they are required to be construed as restatements and continuations and not as new enactments, any reference made by any statute, charter or ordinance to such provisions must, unless a contrary intent appears, be deemed a reference to the restatements and continuations. (Section 9604)

Where a section or part of a statute is amended, it is not to be considered as having been repealed and reenacted in the amended form. The portions which are not altered are to be considered as having been the law from the time when they were enacted; the new provisions are to be considered as having been enacted at the time of the amendment; and the omitted portions are to be considered as having been repealed at the time of the amendment. When the same section or part of a statute is amended by two or more acts enacted at the same session, any portion of an earlier one of such successive acts which is omitted from a subsequent act must be deemed to have been omitted deliberately and any portion of a statute omitted by an earlier act which is restored in a subsequent act must be deemed to have been restored deliberately. (Section 9605)

In the absence of any express provision to the contrary in the statute which is enacted last, it must be conclusively presumed that the statute which is enacted last is intended to prevail over statutes which are enacted earlier at the same session and, in the absence of any express provision to the contrary in the statute which has a higher chapter number, it must be presumed that a statute which has a higher chapter number was intended by the Legislature to prevail over a statute which is enacted at the same session but has a lower chapter number. For the purposes of this section, every statute of an even-numbered year of a two-year regular session of the Legislature is deemed to bear a higher chapter number than any statute enacted in the odd-numbered year of that session. (Section 9605)

Any statute may be repealed at any time, except when vested rights would be impaired. Persons acting under any statute act in contemplation of this power of repeal. (Section 9606) No statute or part of a statute, repealed by another statute, is revived by the repeal of the repealing statute without express words reviving such repealed statute or part of a statute. If a later enacted statute that deletes or extends the date of termination or repeal of a previously enacted law is chaptered before such date of termination or repeal, the terminated or repealed law is revived when the later enacted statute becomes operative. (Section 9607)

The termination or suspension (by whatsoever means effected) of any law creating a criminal offense does not constitute a bar to the indictment or information and punishment of an act already committed in violation of the law so terminated or suspended, unless the intention to bar such indictment or information and punishment is expressly declared by an applicable provision of law. (Section 9608)

A statute amending a section of a repealed statute is void. (Section 9609) The fixing or authorizing the fixing of the salary of a State officer or employee by statute is not intended to and does not constitute an appropriation of money for the payment of the salary. (Section 9610)

Whenever a provision of law is temporarily suspended, or is expressly or impliedly modified or repealed by a provision which is declared to be effective for only a limited period, the original provisions are not to be deemed repealed, but upon the expiration of the time of the temporary suspension or the effectiveness of the inconsistent provision, the original provision must have the same force and effect as if the temporary provision had not been enacted. (Section 9611)

Unless the context otherwise requires whenever the terms United States Army, Army of the United States, United States Navy, or military service appear in a statute whether singly or any combination of them, they must be deemed to include the United States Air Force. (Section 9612)

Article 1 provides general laws set forth in Sections 9700 – 9708. All printing ordered by the Legislature or the Senate or Assembly, and all printing to be charged to legislative printing must be governed by the joint rules and by the rules of the respective houses insofar as applicable. After final adjournment, the rules in effect at the time of adjournment must continue to govern until the adoption of rules at the subsequent session. (Section 9700)

The receipt of the Secretary of the Senate or Chief Clerk of the Assembly is a sufficient voucher for printing for any work done for the house of which the person issuing the receipt is an officer. (Section 9701)

The Secretary of the Senate, in the case of Members and Members-elect of the Senate, and the Chief Clerk of the Assembly, in the case of Members and Members-elect of the Assembly, must, prior to the convening of any session of the Legislature, order the printing of all legislative bills and constitutional amendments which have been approved for printing by the Committee on Rules of the Senate, upon the request of Members and Members-elect of the Senate, or the Committee on Rules of the Assembly, upon the request of Members and Members-elect of the Assembly; provided, that such approval must not be required as to requests for the printing of bills where such requests are made after the general election by members or members-elect who certify in writing that they intend to introduce such bills at the convening of the session. They must be printed by the State Printing Office, and the cost paid out of the appropriation for legislative printing. (Section 9702)

The State Printing Office must print the laws, including initiative measures adopted by the people, public documents ordered to be printed by the Legislature, the Journals of the Senate and Assembly, and bills, resolutions, and other printing ordered by the Senate or Assembly. (Section 9703) Proceeds from sales of all documents, the cost of publication of which is or has been paid from any appropriation for legislative printing, must be credited to the General Fund. (Section 9704)

The general officers of the Assembly whose names and titles must appear on the frontpiece of all publications sponsored in whole or in part by the Assembly, are: The Speaker, The Speaker pro Tempore, The Majority Floor Leader, The Minority Floor Leader, and The Chief Clerk. (Section 9705) The Legislative Printing Fund in the State Treasury is abolished. (Section 9706)

Article 2 deals with the Senate and Assembly Daily Journals and is set forth in Sections 9720 – 9723. The Secretary of the Senate and the Chief Clerk of the Assembly must determine what is a sufficient number of copies to supply the members of both houses and chief officers daily during the session with the Journal of the previous day’s proceedings of each house. (Section 9720)

A sufficient number of copies, with proper repaging, as determined by the Secretary and Chief Clerk, must also be bound at the end of the session of the Legislature as the Journals of the Senate and Assembly. (Section 9721) Each daily Journal and the Journals of the Senate and Assembly must be printed by the State Printing Office. Each daily Journal must be printed in book form separately, and the Journals of the Senate and Assembly must be bound in book. One copy of the daily Journal of each house, upon its approval by the house, must be authenticated as so approved by the chief clerk or secretary of the house. (Section 9723)

Upon final adjournment of the Legislature, the authenticated copy of the daily Journal of each house for the entire session must be properly bound in separate volumes and deposited in the office of the Secretary of State as the official journals of both houses of the Legislature. (Section 9724)

Article 3 deals with the Legislative Manual and is set forth in Sections 9740 – 9744. The Secretary of the Senate and the Chief Clerk of the Assembly must during the month of December in each even-numbered year, commence to compile a legislative manual or handbook. The compilation must be completed as soon as practical after the convening of the session, and the Secretary of the Senate and the Chief Clerk of the Assembly must immediately thereafter publish and distribute the legislative manual or handbook, in such manner as they may determine. (Section 9740)

The legislative manual must be uniform in size and style with similar publications of previous sessions. It must include a list of State officers; Members and officers of both houses; lists of committees; the rules of both houses and the joint rules; other information deemed by the Secretary and Chief Clerk to be of use to Members of the Legislature. (Section 9741) The manual must be distributed as specified. (Section 9742)

The Secretary of the Senate and the Chief Clerk of the Assembly must each retain the number of manuals needed for use in the respective houses and for distribution to the Members of the Senate and Assembly for the succeeding session of the Legislature. (Section 9743) The remainder must be sold at a price to be fixed by the Joint Rules Committee. The price must be sufficient to cover the cost of printing and binding the manual. (Section 9744)

Article 4 deals with the preparation and printing of statutes and is set forth in Sections 9760 – 9768. Whenever a law is signed by the Governor, official notice of the fact must be forwarded, in writing, to the State Printing Office. (Section 9760) Upon the receipt of the notice, the State Printing Office must print for the use of the Legislature such number of copies of the law, or joint or concurrent resolution, as is provided for by the rules of the Legislature and the necessary number of sheets to make the number of copies of the Statutes required by law to be printed. (Section 9761)

When a new or a revised code is established, it must be prepared by the Legislative Counsel with all amendments and superseding sections enacted during the session properly inserted, and with proper notes indicating the original text and any intermediate amendments. The code, as enacted, must not be printed until after thirty days (30) after final adjournment of the Legislature, when it must be printed by the State Printing Office as prepared by the Legislative Counsel pursuant to this section. (Section 9762)

The Department of General Services must direct the preparation of the statutes of each session of the Legislature after each regular session. The statutes for each special session must be cumulated and prepared with the statutes for the next succeeding regular session, except that upon the written request of the Legislative Budget Committee the department must direct the preparation of the statutes of a particular special session after such special session. (Section 9763)

The statutes of each session must be prepared for printing and publication by the Legislative Counsel, the State Librarian, or such other state agency authorized or required by law to render the service when directed or requested, as the Department of General Services directs or requests in writing. (Section 9764)

Preparation of the statutes must include the making of an index and statutory record, and the delivery to the State Printing Office as soon as practicable after final adjournment of the Legislature. The date of approval or adoption of each act and its effective date must be prefixed to its text. The cost of preparation must be paid from the same source as the cost of printing and publishing the statutes is paid. (Section 9765)

At the beginning of each volume of the statutes there must be printed The Constitution of the state. The name and place of residence of: The Governor. The Lieutenant Governor. The other executive officers of the state. The Senators and Members of the Assembly. The presiding officers of the Senate and Assembly. The certificate of the Secretary of State showing what acts, or sections or parts of acts of the Legislature are delayed from going into effect by a referendum petition properly certified and filed in his office. The certificate of the Secretary of State showing the result of all elections upon any initiative or referendum measures submitted to the electors of the state within the previous year. The text of all such initiative measures adopted by the electors. (Section 9766)

The Office of State Printing must print the number of copies of the statutes of each session prepared at the direction of the Department of General Services that the Joint Rules Committee determines is necessary.  Printed copies of the statutes must only be bound in the number determined by the Department of General Services to be necessary to meet the demand therefor. (Section 9767) The statutes must be bound in law buckram binding. (Section 9768)

Article 5 deals with the distribution of statutes and legislative publications and is set forth in Sections 9790 – 9792. The Department of General Services must maintain a bill-filing room for the Senate and Assembly, and file all bills, resolutions, journals and other documents ordered by the Senate or Assembly. It must also place all such bills, resolutions, journals and other documents in binders for the use of the Members of the Legislature and perform such other duties in connection with their filing and distribution as may be required by the rules or special orders of either house. (Section 9790)

The laws, resolutions and journals of the Legislature must be distributed by the Department of General Services as specified. (Section 9791) All other copies of the laws, resolutions and journals must be sold by the Department of General Services at such price as it may fix. (Section 9792)

Article 6 deals with the reports of the Legislature and is set forth in Section 9795. Any report required or requested by law to be submitted by a state or local agency to the Members of either house of the Legislature generally, must instead be submitted as a printed copy to the Secretary of the Senate, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel. Each report must include a summary of its contents, not to exceed one page in length. The Legislative Counsel must make available a list of the reports submitted by state and local agencies. No report must be distributed to a Member of the Legislature unless specifically requested by that Member. A state agency report and summary subject to this section must include an Internet Web site where the report can be downloaded and telephone number to call to order a hard copy of the report. A report submitted by a state agency subject to this section must also be posted at the agency’s Internet Web site. For purposes of this section, “report” includes any study or audit. (Section 9795)

Article 2 deals with legislative powers and duties and is set forth in Sections 9910 – 9917. Speaker of the Assembly is responsible for the efficient conduct of the legislative and administrative affairs of the Assembly. The Speaker must be elected upon organization of the Assembly at the beginning of each regular or special session and must serve until adjournment sine die of that session, unless removed and a successor chosen. (Section 9910)

There is hereby created in the Assembly a Committee on Rules, which must consist of the Speaker, who must be the chairman of the committee, and six other Members of the Assembly, three to be elected by the party having the largest number of Members in the Assembly and three to be elected by the party having the second largest number of Members. The Assembly Committee on Rules has a continuing existence and may meet and act during sessions of the Legislature or any recess thereof and in the interim periods between sessions. (Section 9911)

The Assembly Committee on Rules must have the power: To assign all bills to Assembly committees. To appoint the Chairmen and Vice-chairmen of all other Assembly Committees, provided that the Chairman and Vice-chairman of each committee must be members of different parties. To have general direction over the Assembly Chamber and rooms set aside for the use of the Assembly, including the rooms for use by Members as private offices. To allocate all funds, staffing, and other resources necessary for the effective operation of the Assembly. Except as provided otherwise by affirmative recorded vote of two thirds of the total membership of the committee, all funds, staffing, and resources must be allocated proportionately by party. (Section 9912) All statutory appointments delegated to the Speaker of the Assembly are subject to confirmation by the Assembly Committee on Rules, two thirds of the membership concurring. (Section 9913)  

The President pro Tempore is responsible for the efficient conduct of the legislative and administrative affairs of the Senate. The President pro Tempore must be elected upon organization of the Senate at the beginning of each regular or special session and must serve until adjournment sine die of that session, unless removed and a successor chosen. (Section 9914)

There is hereby created in the Senate a Committee on Rules, which must consist of the President pro Tempore of the Senate, who must be the chairman of the committee, and four other Members of the Senate, two to be elected by the party having the largest number of Members in the Senate and two to be elected by the party having the second largest number of Members. The Senate Committee on Rules has a continuing existence and may meet and act during sessions of the Legislature or any recess thereof and in the interim periods between sessions. (Section 9915)

The Senate Committee on Rules must have the power: To assign all bills to Senate committees. To appoint the Chairmen and Vice-chairmen of all other Senate committees, provided that the Chairman and Vice-chairman of each committee must be members of different parties. To have general direction over the Senate Chamber and rooms set aside for the use of the Senate, including the rooms for use by Members as private offices. To allocate all funds, staffing, and other resources necessary for the effective operation of the Senate. Except as decided otherwise by affirmative recorded vote of two thirds of the total membership of the committee, all funds, staffing, and resources must be allocated proportionately by party. (Section 9916)

There is hereby created the Joint Rules Committee which must be comprised of the combined membership of the Assembly Committee on Rules and the Senate Committee on Rules as specified in this law and two other Members of the Senate, one to be elected by the party having the largest number of Members in the Senate and one to be elected by the party having the second largest number of Members. (Section 9917)

Article 3 deals with legislative rules and procedures and is set forth in Sections 9920 – 9925. Each house of the Legislature must adopt rules for its proceedings for each regular and special session by resolution adopted by an affirmative recorded vote of two thirds of the membership of the house in question. No rule of either the Senate or Assembly must be amended except by resolution adopted by an affirmative recorded vote of two thirds of the Members of that house. Any standing rule of either house may be suspended temporarily by a vote of two thirds of the Members of that house present and voting; provided, that in no case may a rule be suspended in the absence of a quorum. Any such temporary suspension must apply only to the matter under immediate consideration, and in no case must it extend beyond an adjournment. (Section 9920)

The Senate and Assembly must adopt rules for their joint proceedings for each regular and special session by resolution adopted by an affirmative recorded vote of two thirds of the membership of each house. No joint rule so adopted may be amended except by resolution adopted by an affirmative recorded vote of two thirds of the membership of each house. The Senate and Assembly may provide for temporary suspension of a joint rule by a single house upon the affirmative recorded vote of two thirds of the members of that house; provided, that the temporary suspension must apply only to the matter under immediate consideration, and in no case must it extend beyond an adjournment. (Section 9921)

All standing committees of both the Senate and the Assembly, except the Senate Committee on Rules and the Assembly Committee on Rules, must be created and the size and jurisdiction established through the adoption of or amendment to the rules of the respective houses by resolution, two thirds of the membership of the house in question concurring. Committee membership must be determined used specified standards. (Section 9922)

No special or select committees nor any subcommittee must be established in either the Senate or the Assembly except by affirmative vote of two thirds of the Committee on Rules of the house in question. (Section 9923) No joint committee must be established except by passage of concurrent resolution, two thirds of the membership of each house concurring. The membership of each joint committee must be allocated equally between the Senate and the Assembly, and the delegation from each house must be chosen. (Section 9924)

Each house of the Legislature must provide in its rules for appropriate voting procedures on the floor and in committees or subcommittees; provided, that no Member must be allowed to cast a vote for another Member, nor must any Member be allowed to change his or her vote or add a vote to the roll after the vote is announced, without the consent of four fifths of the membership of the house, nor must any vote be taken in any committee or subcommittee of either house in the absence of a quorum, except a vote to adjourn. (Section 9925)

Article 4 deals with legislative funds and administration and is set forth in Sections 9930 – 9937. All appropriations for contingent expenses of the Legislature and committees thereof must be deposited in and credited to the following funds, which funds are created in the State Treasury. (Section 9930) All disbursements from the Senate Contingent Fund and the Assembly Contingent Fund must be divided proportionately according to the partisan composition of the house in question. (Section 9931)

No disbursements must be made from the Contingent Funds of the Senate and Assembly except as provided by vote of the Joint Rules Committee, two thirds of the total membership thereof concurring. (Section 9932) Any money appropriated for legislative printing must be disbursed under or pursuant to the direction of the Senate or Assembly as provided in the rules of the Senate or Assembly or their joint rules. (Section 9933)

For the periods beginning December 1, March 1, June 1, and September 1 of each year, the Assembly Committee on Rules, Senate Committee on Rules, and the Joint Rules Committee must quarterly issue a report to the public on the expenditures made from the contingent fund subject to their direction and control. The report must include, but need not be limited to, a listing of total expenditures for each Member and committee of the Legislature in specified categories. (Section 9936)

The Joint Rules Committee must annually contract for an independent audit of the revenues and expenditures, for each fiscal year, from the Assembly Contingent Fund, Senate Contingent Fund, and the Contingent Funds of the Assembly and Senate. The organization performing the audit must be subject to approval by the Fair Political Practices Commission. The audit must include, but need not be limited to, an evaluation of the accuracy of the expenditures described in Section 9936 and an evaluation of the effectiveness of the internal auditing procedures of the individual rules committees. (Section 9937)

Chris Micheli

Chris Micheli is a Principal with the Sacramento governmental relations firm of Aprea & Micheli, Inc. He is also an Adjunct Professor at McGeorge School of Law in its Capital Lawyering Program.

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