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HR-48 (2017-2018)

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

House Resolution
No. 48


Introduced by Assembly Members Kiley and Travis Allen
(Coauthors: Assembly Members Acosta, Baker, Bigelow, Chávez, Choi, Dahle, Fong, Gallagher, Harper, Lackey, Mathis, Mayes, Melendez, Obernolte, Steinorth, Voepel, and Waldron)

June 13, 2017


Relative to the Standing Rules of the Assembly for the 2017–18 Regular Session.


LEGISLATIVE COUNSEL'S DIGEST


HR 48, as introduced, Kiley.

Resolved by the Assembly of the State of California, That the Standing Rules of the Assembly for the 2017–18 Regular Session are amended as follow:
First—That Rule 46 is amended to read:

A.Bills and Resolutions
 Bills Defined

46.(a) The word “bill,” as used in these rules, includes a constitutional amendment, a concurrent resolution, and a joint resolution, except as otherwise specifically provided.
(b) A concurrent resolution and a joint resolution, other than a resolution ratifying proposed amendments to the United States Constitution and a resolution calling for a constitutional convention, shall be treated in all respects as a bill except as follows:
(1) It shall be given only one formal reading.
(2) It shall not be deemed a bill within the meaning of subdivision (a) and paragraphs (1) and (2) of subdivision (b) of Section 8 of Article IV of the California Constitution.

(c)“Final form,” as used in these rules, means the following:

(1)For an Assembly bill, the form of the bill presented on the Senate floor for a vote upon final passage.

(2)For a Senate bill, the form of the bill presented on the Assembly floor for a vote upon final passage.

Second—That Rule 69 is amended to read:

Amendments From the Floor and Coauthors

69.(a) Any Member may move to amend a bill during its second or third reading, and that motion to amend may be adopted by a majority vote of the Members present and voting.
Amendments to a bill offered from the floor, except committee amendments reported with bills, amendments offered with a motion to amend and re-refer a bill to committee, amendments deleting any number of words, or amendments previously printed in the Journal, are not in order unless and until a copy of the proposed amendments has been placed upon the desks of the Members.
Notwithstanding any other rule, a bill that has been revised on the Assembly Floor at the request of the lead author and on forms provided by the Chief Clerk only to add coauthors to the bill shall not be considered an amendment and a copy of the bill is not required to be placed upon the desks of the Members if both the Speaker and the Republican Leader, or a majority vote of the house, approve the request. The heading of the bill shall be revised to reflect the addition of the coauthor or coauthors.
Amendments offered from the floor during a bill’s second or third reading shall be prepared, or approved as to form, by the Legislative Counsel.
Before debate debate, five copies of the proposed amendment to Assembly bills, and five copies of the proposed amendments to Senate bills, shall be delivered to the Chief Clerk’s desk. One copy of the proposed amendment shall be transmitted by the Chief Clerk to the Assembly Floor Analysis Unit. Bills so amended upon second or third reading shall be reprinted and re-engrossed. The Chief Clerk shall order printed as many copies of all amended bills as he or she may determine to be necessary.
(b) (1)   Amendments from the floor during a bill’s second or third reading that would make a substantive change in the bill shall be submitted to the Chief Clerk’s desk by 5:00 p.m. or the time of adjournment, whichever is later, the business day before the start of session on the legislative day at which they are to be considered.
(2) Upon receipt of the proposed amendments by the Chief Clerk, an analysis shall be prepared by the committee of origin in conjunction with the Assembly Floor Analysis Unit, and a copy of that analysis shall be distributed to each Member’s desk prior to the beginning of debate on adoption of the proposed amendments, unless otherwise ordered by the Speaker.
(c) Paragraph (1) of subdivision (b) does not apply to (1) amendments to a bill taken up without reference to file, (2) amendments to a bill to add or delete an urgency clause, (3) amendments to a bill that are identical to other amendments submitted to the Chief Clerk’s desk in accordance with the requirements of this rule, (4) amendments to the Budget Bill or to a bill that is making statutory changes necessary to implement the Budget Bill, or (5) amendments to a bill to make the bill contingent upon the enactment of another bill, or to incorporate one or more statutory amendments proposed in another bill to avoid superseding those amendments.
(d) Any bill amended on the second or third reading file shall be ordered reprinted and returned to the third reading file, and may not be acted on by the Assembly until the bill, as amended, has been on the Daily File for one calendar day, and, with regard to an amended Senate bill, may not be voted upon for final passage until the bill complies with Rule 76. day. This subdivision does not apply to a bill that is amended to add or delete an urgency clause or to a bill that is amended to make statutory changes to implement the Budget Bill.
(e) A motion to amend a bill on the second or third reading file, other than committee amendments reported pursuant to Rule 57, is not in order on (1) the last two legislative days preceding the January 31 bill passage deadline specified by Section 10 of Article IV of the California Constitution or (2) the last seven days preceding the scheduled commencement of the interim study recess or the scheduled commencement of the final recess as specified by the Joint Rules of the Senate and Assembly. This subdivision may be suspended temporarily by two-thirds vote of the Members present and voting. This subdivision does not apply to amendments to a bill pursuant to Joint Rule 23.5, amendments to a bill to add or delete an urgency clause, or amendments to a bill to incorporate one or more statutory amendments proposed in another bill to avoid superseding those amendments.
Third—That Rule 76 is amended to read:

Internet Publication Prior to Final Passage of Senate Bill

Publication Prior to Bill Passage

76.(a) A Senate bill shall not be voted upon by the Assembly for final passage unless the bill bill, as amended, has been printed, distributed to the Members, and published on the Internet in its final form for at least 72 hours prior to that vote. All bills, regardless of their house of origin, are subject to this requirement.
(b) The requirement of subdivision (a) may be waived for a bill if the Governor has submitted to the Legislature a written statement that dispensing with the notice period for that bill is necessary to address a state of emergency, as described in paragraph (2) of subdivision (b) of Section 8 of Article IV of the California Constitution.
(c) As used in this rule, “bill” does not include a joint or concurrent resolution or a constitutional amendment.
Fourth—That Rule 77 is amended to read:

Concurrence in Senate Amendments

77.(a) Concurrence in any Senate amendment to an Assembly bill requires the same affirmative recorded vote as the vote required by the California Constitution for the passage of the bill. A vote on concurrence may not be taken until the bill has been on the unfinished business file for one calendar day, except that when the bill is placed upon the unfinished business file during the last two legislative days preceding (1) the January 31 bill passage deadline specified by Section 10 of Article IV of the California Constitution, (2) the scheduled commencement of the interim study recess, or (3) the scheduled commencement of the final recess as specified by the Joint Rules of the Senate and Assembly, it may be acted upon immediately. The vote on concurrence shall be deemed the vote upon final passage of the bill.
(b) Senate amendments to Assembly bills shall not be concurred in until both of the following have occurred:
(1) An analysis of the bill has been distributed by the Assembly Floor Analysis Unit and a copy placed upon the desks of the Members, unless otherwise ordered by the Speaker. As used in this paragraph, “bill” includes a constitutional amendment, but does not include a joint or concurrent resolution.
(2) The bill has been printed, distributed to the Members, and published on the Internet in its final form for at least 72 hours prior to that vote. This requirement may be waived for a bill if the Governor has submitted to the Legislature a written statement that dispensing with this notice period for that bill is necessary to address a state of emergency, as described in paragraph (2) of subdivision (b) of Section 8 of Article IV of the California Constitution. As used in this paragraph, “bill” does not include a joint or concurrent resolution or a constitutional amendment.