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Glossary of Legislative Terms:
Across
The Desk
The official act of introducing a bill or resolution. The measure
is given to the Chief Clerk or his or her representative at the Assembly
Desk in the Assembly Chambers or to the Secretary of the Senate or
his or her representative in the Senate Chambers. It then receives
a number and becomes a public document available from the bill room.
Reports of Committees and Amendments are also "put across the
desk."
Act
A bill passed by the Legislature and approved by the Governor.
Action
Deposition of any question before the Legislature.
Adjournment
Termination of a meeting; occurring at the close of each legislative
day upon the completion of business, accomplished by a successful
motion to end session; with the hour and day of the next meeting
being set prior to adjournment.
Adjournment
Sine Die
"Adjournment without day"; Meaning no days left; final
termination of regular or special sessions of the Legislature are
adjourned sine die at midnight on November 30 of each even-numbered
year.
Administrative
Procedure Act (APA)
A statute containing required procedures for rule making and administrative
hearings. (Chapters 3.5, 4, and 5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.)
Adoption
Approval or acceptance of motions, amendments and/or resolutions.
Advise
And Consent
Confirmation by the Senate of certain appointees of the Governor.
APA
Rule Making Procedures
Procedures set forth in the Administrative Procedure Act that generally
require State agencies, when adopting regulations, to give public
notice, receive and consider public comments, submit their regulations
and supporting rule making files to the Office of Administrative
Law for review, and have the regulations published in the California
Code of Regulations, the recognized source of California administrative
law. (See Exempt From Review by the Office of Administrative Law
and Exempt From The APA.)
Amendment
An alteration made, or proposed to be made, in a bill, motion, resolution
or clause, by adding, changing, substituting or omitting language.
Amendments must be submitted to Legislative Counsel for drafting.
Author's
amendments - amendments submitted by the author of the bill and
signed by the chair of the committee to which the bill has been
referred. Permits the adoption of amendments by the House without
the benefit of a committee hearing and recommendation.
Hostile
amendments are amendments proposed by another Member or committee
that are not supported by the bill's author.
Analysis
Of The Budget Bill
The Legislative Analyst's comprehensive examination of the Governor's
Budget available to the legislators and the public about six weeks
after the Budget is submitted to the Legislature. (See Budget Change
Proposal.)
Appeal
A parliamentary procedure for challenging the decision of a presiding
officer.
Apportionment
Division of the State into districts from which representatives
are elected.
Appropriation
The amount of money set aside for a specific purpose and designated
from a specific source, such as the General Fund, Environmental
License Plate Fund, etc.
Appropriations
Limit
Established by Prop. 4 (Article XIII B, California Constitution)
passed by voters in 1979, this is the maximum amount of tax proceeds
that State or local government may appropriate in a fiscal year.
The limit is adjusted annually but based on 1986-87 appropriation
limits.
Approved
By The Governor
The signature of the Governor on a bill passed by the Legislature.
Archives
Location and contents of public records kept by the Secretary of
State, including copies of all measures considered at each session,
journals, committee reports, and documents of historic value.
Assembly
The House of the California Legislature consisting of 80 Members,
elected from districts apportioned on the basis of population.
Assistant
Chief Clerk
Assists in the supervision and coordination of the operations and
functions of the proceedings and actions of the Assembly; performs
the duties of the Chief Clerk in his or her absence.
Author
Member of the Legislature who introduces a legislative measure.
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B
Bicameral
Legislature consisting of two Houses.
Bill
A draft of a proposed law introduced by a Member of the Legislature.
(Assembly Bill 4000, AB 4000, Senate Bill 1, SB 1.)
Bill
Analysis
A brief summary of the purpose, content and effect of a proposed
measure or amendment for committee and Floor proceedings.
Bill
Digest
The legal synopsis of a measure prepared by Legislative Counsel.
(See also Digest and Legislative Counsel's Digest.)
Blue
Pencil
The California Constitution grants the Governor "line item
veto" authority to reduce or eliminate any item of appropriation
from any bill including the Budget Bill. In the 1960's, the Governor
actually used an editor's blue pencil for the task.
Bond
Bill (General Obligation Bonds)
A bill authorizing the sale of State general obligation bonds to
finance specified projects or activities, which must be subsequently
approved by the voters.
Budget
Suggested allocation of State moneys presented annually by the Governor,
for consideration by the Legislature; compiled by the Department
of Finance, in conjunction with State department heads.
Budget
Act
The Budget Bill after it has been signed into law by the Governor.
Budget
Bill
The spending proposal for the next fiscal year by the Department
of Finance and submitted to the Legislature by the Governor.
Budget
Change Proposal (BCP)
A document prepared by a State agency and submitted to an agency
secretary and the Department of Finance to propose and document
budget changes to maintain the existing level of service or to change
the level of service; and is used in preparing the Governor's Budget.
Budget
Year
The fiscal year that begins July 1 and concludes on June 30 of the
following year.
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C
California
Channel (Cal-Span)
The cable television channel which televises Assembly and Senate
proceedings.
California
Code Of Regulations
The official compilation of regulations legally adopted by State
agencies and filed with the Secretary of State. It is the recognized
source of California administrative law.
Call
Of The House
The procedure used to compel attendance of Members and to require
those in attendance to remain in the chamber.
Call
The Absentees
Order by the presiding officer directing the reading clerk to read
the names of Members who have not responded to a roll call.
Capital
Outlay
Funds to be spent acquiring or constructing fixed assets.
Capital
Press Corps
Those members of the press who are responsible for covering events
in the Capitol.
Casting
Vote
The deciding vote the Lieutenant Governor may cast in the case of
a tie vote in the Senate. (See Lieutenant Governor.)
Caucus
(1) A closed meeting of legislators of one's own party. (e.g., Democratic
Caucus, Republican Caucus.)
(2)
A group of legislators who coalesce formally because of their interest
in specific issues. (e.g., Rural Caucus, Women's Caucus, Latino
Caucus, Black Caucus, etc.)
Caucus
Chair
A Member that is selected and required to perform the duties prescribed
by their respective party caucuses.
Caucus
Secretary
An officer of the party caucus whose duties are prescribed by the
caucus.
Chair
A metonymical designation of the current presiding officer.
Chamber
The Assembly or Senate chamber where Floor Sessions are held.
Chapter
After a bill has been signed by the Governor, the Secretary of State
assigns the bill a "Chapter Number" such as "Chapter
123, Statutes of 1998," which is subsequently used to refer
to the measure rather than the bill number.
Chaptering
Out
When the provisions of one chaptered bill amends the same code section
as another chaptered bill. Chaptering out can be avoided with the
adoption of "double jointing" amendments. (Absent "double
jointing" language, the code section as amended by the bill
with the higher chapter number takes effect and "chapters out"
the code section as amended by the bill with the lower chapter number.)
(See Double Jointing.)
Check-In
Session
On non-floor session days, Legislators are required to "check
in" with the Chief Clerk or Secretary of the Senate to be added
to the roll for attendance purposes. (A quorum must be recorded
in order for legislative business to be transacted.)
Chief
Administrative Officer
The chief Assembly staff person responsible for Assembly administrative,
fiscal and business affairs; reports to the Assembly Rules Committee.
Chief
Clerk
A nonpartisan, nonmember officer of the Assembly elected by the
majority of the membership at the start of each two-year session
as its legislative officer and parliamentarian.
Coauthor
Any Member of either House, with the agreement of the author of
a bill, may add his or her name on that Member's bill as a coauthor,
usually indicating support for the proposed legislation.
Codes
Bound volumes of law organized by subject matter. The code to be
changed by a bill is referred to in the title of the bill. (See
Title.)
COLA
Cost-of-living adjustment.
Committee
Chair
A Member that is selected by the Speaker to preside over the proceedings
and actions of a specific committee.
Committee
Of The Whole
The entire Assembly or Senate sitting as a committee to consider
any matter properly presented to it.
Companion
Bill
An identical bill introduced in the other House. This procedure
is far more common in Congress than in the California Legislature.
Concurrence
Approval by the House of origin to changes made to one of its bills
while it was in the other House. (e.g., Assembly approval of Senate
amendments.) If the author is unwilling to move the bill as amended
by the others, the author requests "nonconcurrance" in
the bill and asks for formation of a conference committee.
Concurrent
Resolution
A measure that can be introduced in either House, but must be approved
by both Houses and filed with the Secretary of State to take effect.
The Governor's signature is not required. These measures usually
involve the business of the Legislature. (e.g., adoption of the
Joint Rules.)
Conditional
(Or Contingent) Effect
Effectiveness of a bill, or portion thereof, is made dependent upon
the occurrence of some event (e.g., passage of another measure,
securing a federal waiver, receipt of revenues, and so forth). (See
also Contingent Enactment Language.)
Conferees
Officially designated members of a conference committee.
Conference
Committee
A joint committee composed of six legislators, three from each House,
who meet in public session to reconcile differences in the Assembly
and Senate versions of a measure. Three Assembly conferees are chosen
by the Speaker and three conferees are chosen by the Senate Rules
Committee.
Conference
Report
Amendments agreed upon by a majority of the Conference Committee.
Two Members from each House must agree on the final report. (See
Conference Committee).
Confirm
The process of approving gubernatorial appointments to executive
departments and many boards and commissions.
Consent
Calendar
A group of noncontroversial bills passed by a committee to another
committee, the full Assembly or Senate. Noncontroversial bills may
be placed upon the Consent Calendar if they are reported to the
Floor with the recommendation that they be placed on the Consent
Calendar and they must have received no "no votes" and
had no opposition expressed by any person present at the hearing;
and, not had the 30-day in print rule waived.
Constituent
A person who resides within the district of a legislator.
Constitutional
Amendment
A resolution changing the language of the State Constitution. It
may be presented in bill form, by the Legislature or by initiative,
which require the populace to vote.
Consultant
A committee professional staff person.
Contingent
Enactment Language
Connects two bills so that one bill does not become operative unless
another bill also takes effect, even if it has passed both Houses
and is signed by the Governor. (See also Conditional Effect.)
Contingency
Fund
Moneys appropriated by the respective Houses for operational expenses.
Convene
To assemble a meeting. The Legislature generally convenes twice
a week.
Current
Fiscal Year
The current fiscal year that begins on July 1 and ends the following
June 30. (See Fiscal Year.)
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D
Daily
File
A booklet published by each House, showing bills eligible for floor
action. The official agenda of each House, including a schedule
of committee hearings.
Daily
History
Produced by the Assembly and Senate respectively the day after each
House has met. The History lists specific actions taken on legislation.
Each measure acted upon in that House the previous day is listed
in numerical order.
Daily
Journal
A publication that is produced by each House for each legislative
day that contains the official record of the Floor Session, vote
information, motions, parliamentary inquiries, and letters of legislative
intent.
Deadlines
The dates by which bills must be introduced, heard and enacted.
Delegated
Authority
Power granted by the Legislature to a State agency to implement
and/or enforce a statute, including the power to adopt regulations.
Desk
The desk at the front of the chamber where much of the clerical
work of the body is conducted. Also, a generic term for the staff
and offices of the Chief Clerk of the Assembly and the Secretary
of the Senate.
Desk
Is Clear
A statement by the presiding officer, prior to a motion to adjourn,
meaning there is no further business.
Digest
Prepared by the Legislative Counsel, it summarizes the effect of
the proposed bill on current law. (See Bill Digest and Legislative
Counsel's Digest.)
District
The area of the State represented by a legislator. Each district
is determined by population and is known by a number. There are
40 Senate districts and 80 Assembly districts.
District
Bill
Legislation introduced specifically on behalf of a legislator's
district, generally affecting only that district.
Do
Pass
An affirmative recommendation made by a committee which moves a
bill to the Floor or to the next committee, as specified.
Do
Pass As Amended
An affirmative recommendation made by a committee which moves a
bill to the Floor or the next committee, as specified, providing
the language of the bill is changed as specified.
Double
Jointing
Double Jointing occurs when two bills amend the same code section
but in different ways and the Legislature wants both to happen.
Technical amendments are drafted which add provisions to the bill
that would make all of the changes in a section of a code, or general
law proposed by that bill effective by that bill and one or more
other bills, if each bill is chaptered. Double jointing prevents
the problem of chaptering out. (See Chaptering Out.)
Double
Refer
Legislation recommended for referral to two policy committees rather
than one for hearing. The first committee is not bound by the recommended
second referral. Both committees must approve the measure to keep
it moving in the process. This is typically used for sensitive issue
areas that transcend the jurisdiction of one policy committee. Bill
referrals are made by the Assembly and Senate Rules Committees for
their respective Houses.
Dropped
Author has decided not to pursue the passage of the bill.
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E
Effective
Date
The date, specified by the Constitution, when a law becomes binding.
(Usually January 1st of the following year unless another date is
specified in the bill.)
Enacting
Clause
The phrase at the beginning of each bill which says "The people
of the State of California do enact as follows:".
Enacted
Into Law
(See Enactment)
Enactment
The act of passing legislation involves both Houses of the Legislature.
A bill moves through the legislative process and if agreed upon
by both houses, the bill is passed. The bill is then sent to the
Governor for signature. If the Governor signs the bill, it is enacted.
Enactment
Date
The date the Governor signs the bill.
Engrossed
Bill
Whenever a bill is amended, the printed form of the bill is proofread
to make sure all amendments are inserted properly. After being proofread,
the bill is "correctly engrossed" and is therefore in
proper form.
Engrossing
And Enrolling
A nonpartisan unit in each House, responsible for proofreading all
forms of measures. The unit also prepares and delivers bills to
the Governor for consideration.
Engrossment
The process of comparing the printed bill to ensure it looks like
the original and to verify that any amendments have been correctly
inserted.
Enrolled
Bill
Whenever a bill passes both Houses of the Legislature, it is ordered
enrolled. Upon enrollment, the bill is again proofread for accuracy
and then delivered to the Governor. The "enrolled bill"
contains the complete text of the bill with the dates of passage
certified by the Chief Clerk of the Assembly and the Secretary of
the Senate.
Enrollment
When bills are filed with the Governor and resolutions are filed
with the Secretary of State once they have been accepted by both
Houses.
Executive Session
A committee meeting restricted to only committee members and specifically
invited guests.
Exempt
From Review by the Office of Administrative Law
A statutory provision exempts a State agency only from the requirement
in the Administrative Procedure Act to submit proposed regulations
and supporting rule making file to the Office of Administrative
Law for review. Other APA requirements apply. (See APA Rule Making
Procedures.)
Exempt From The APA
A statutory provision exempting a State agency or its regulations
from compliance with all standards and procedures set forth in the
Administrative Procedure Act. (See APA Rule Making Procedures.)
Ex
Officio
(Literally: out of or because of one's office.) The act of holding
one office by reason of holding another. For example, the Lieutenant
Governor is an ex officio, a member of the University of California
Board of Regents.
Expunge
A motion by which an action is deleted from the record. The motion
must be made on the day the vote was taken.
Extraordinary
Session
A special legislative session called by the Governor to address
only those issues specified in the proclamation. Measures introduced
in these sessions are numbered chronologically with a lower case
"x" after the number (e.g., AB 28x.) They take effect
generally the 91st day after adjournment of the special session.
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F
File
The agenda for the business of the House. It is printed daily. (See
Daily File.)
File
Notice
The announcement which must appear in the Daily File four days prior
to consideration of a bill or constitutional amendment at the original
meeting of a policy committee. The second committee of reference,
usually a fiscal committee, requires only a two-day notice. The
File notice requirement may be waived by permission of the House.
File
Number
The number assigned to a measure in the Assembly or Senate Daily
File. The File number changes each day as bills move on or off the
Daily File. These include measures on Second and Third Reading and
Unfinished Business. Legislation is taken up on the Assembly or
Senate Floor in chronological order according to File number. Items
considered on the Floor are frequently referred to by File number.
Final
History
The publication printed at the end of every session showing the
final disposition of all measures.
Finance
Letter
Revisions to the Budget Bill and the Governor's Budget for the current
year proposed by the Department of Finance and addressed to appropriate
committee chairs in the Assembly and Senate.
First
Reading
The initial introduction of a bill. The clerk assigns it a number
and reads its title and sends the bill to be printed. The bill is
usually referred to a committee for a future hearing.
Fiscal Bill
Any measure that contains an appropriation of funds or requires
a State agency to spend money for any purpose or results in a substantial
loss of revenue to the State. The Legislative Counsel determines
which bills are fiscal bills. The designation appears at the end
of the Legislative Counsel's Digest. Fiscal bills must be heard
by the Assembly and Senate Appropriations Committees in addition
to the appropriate policy committees in each House.
Fiscal
Committee
The Appropriations Committees in the Assembly and Senate are the
fiscal committees to which all fiscal bills are referred if they
are approved by policy committees. If the fiscal committee approves
a bill, it then moves to the Floor.
Fiscal
Deadline
The date on the legislative calendar by which all bills with fiscal
implications must have been taken up and reported out of a fiscal
committee. Any fiscal bill missing the deadline is considered "dead"
unless it receives a rule waiver allowing further consideration.
Fiscal
Year
The 12 month period on which the Budget is planned. The State fiscal
year begins July 1 and ends June 30 of the following year. The federal
fiscal year begins October 1 and ends September 30 of the following
year. (See current Fiscal Year.)
Floor
(1) That portion of the Assembly or Senate Chamber reserved for
Members and officers the Assembly or Senate and other persons granted
the privilege of the Floor.
(2)
The term used to describe the location of a bill or the type of
session, connoting action to be taken by the House. Matters may
be said to be "on the Floor."
Floor
Analysis Unit
A nonpartisan unit in the Chief Clerk's office which is responsible
for editing the bill analyses that are prepared by committee staff.
The "packet" of analyses is then made available for reference
to Members during Floor Sessions.
Floor
Manager or Jockey
The legislator responsible for taking up a measure on the Floor.
This is usually the bill's author in the House of origin and a Member
of the other House designated by the author when the bill is considered
by the other House. The name of the Floor jockey in the other House
appears in parentheses after the author's name in the Second or
Third Reading section of the Daily File.
Floor
Pass
No visitor may observe the Assembly or Senate from the rear of the
chambers without a pass. Assembly passes are issued by the Speaker's
office; Senate passes are issued by the President pro Tempore's
office. Passes are not required for the viewing area in the gallery
above the chambers.
Foreign
Amendments
The Legislative Counsel's term for amendments not drafted in his
or her office.
Four-Day
File Notice
Officially known as Joint Rule 62(a), the requirement that all bills
for the first committee of reference be noticed in the Daily File
for four days prior to committee hearings where they will be considered.
The second or subsequent committees of reference only require a
notice of two days.
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G
Gallery
The balconies of the chambers from which visitors may view proceedings
of the Legislature.
Germane
Referring to whether an amendment is relevant to the subject matter
already being considered in a bill. The Legislative Counsel may
opine on germaneness, but the determination of germaneness is decided
by the presiding officer, subject to an appeal by the membership.
Governor's
Budget
The spending plan submitted by the Governor in January. (See Budget,
Budget Bill, and Budget Change Proposal.)
Grandfathering
Specific situations that are allowed to continue while a law would
make changes henceforth.
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H
Handbook
The 3" x 5-3/4" hardbound edition of California Legislature
published for each two-year legislative session. It contains indexed
versions of the Assembly, Senate, and Joint Rules; biographies of
Members; and other useful information. The Handbook is published
by the Assembly Chief Clerk and Secretary of the Senate for their
respective Houses.
Hearing
A committee meeting convened for the purpose of gathering information
on a specific subject or considering specific legislative measures.
Held In Committee
A bill fails to get sufficient votes to pass out of committee.
Help
Desk
The place to call with questions about the hardware or software
of the legislative computer network. (Assembly 322-9931, Senate
445-1991, and Committees for either House 322-1905.)
Hijack
An action to delete the contents of a bill and insert entirely new
provisions. May occur with or without the author's permission.
History
A publication that gives a comprehensive list of all actions taken
on every bill. It is published in volumes, daily and weekly, by
each House.
Hopper
Refers to a bill presented for formal introduction and first reading.
Host
The communal file cabinet of the mainframe computer allowing access
by all legislative employees in Sacramento and district offices.
The Host is maintained by the Legislative Data Center under the
direction of Legislative Counsel. It contains information such as
bill analyses, bill status, bill text, votes, and other useful information
for bill tracking and research. (See Legislative Data Center.)
House
Refers to either the Senate or the Assembly in California.
House
Resolution
A document that is the expression of the Assembly. House resolutions
are generally used to amend house rules or to create committees.
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I
Inactive
File
The portion of the Daily File containing legislation that is ready
for Floor consideration, but, for a variety of reasons, is dormant.
An author may move a bill to the Inactive File if they wish to take
it up at a later date. Once a bill is on the Inactive File, it requires
one day's public notice to place it back on the daily agenda.
Initiative
A method of legislating that requires a vote of the people instead
of a vote of the Legislature for a measure to become law. To qualify
for a statewide ballot, statutory initiatives must receive signatures
of voters equal to 5 percent of the votes cast for all candidates
for Governor at the last gubernatorial election and constitutional
amendment initiatives must receive signatures equal to 8 percent.
Inquiry
System
A computer system designed by the Legislative Counsel Data Center
which allows access to information on bill text, analyses, Daily
File, legislative index, Daily Journals, California Constitution,
legislative rules, and the California Codes. (See Legislative Data
Center.)
Interim
The period of time between the end of the legislative year and the
beginning of the next legislative year. The legislative year ends
on August 31 in even-numbered years and in mid-September in odd-numbered
years.
Interim Study
The assignment of the subject matter of a bill to the appropriate
committee for study during the period the Legislature is not in
session.
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Joint
Committee
A committee composed of equal numbers of Assembly Members and Senators.
Joint
Resolution
A resolution expressing an opinion about an issue pertaining to
the federal government; forwarded to Congress for its information.
Joint Resolutions require the approval of both the Assembly and
Senate but do not require the signature of the Governor to take
effect.
Joint
Session
The Assembly and Senate meeting together, usually in the Assembly
chambers. The purpose is to receive special information such as
the Governor's State of the State Address.
Journal
The official chronological record of the proceedings in each House.
The Journal is the minutes of the meeting printed daily. At the
end of session, the Journals are certified, indexed and bound. (See
Daily Journal.)
K
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L
Law
The rules which govern our daily lives.
Lay
On The Table
A motion to set aside a matter (e.g., amendments) before the House,
which may not be taken up again during Floor Session. The motion
is not debatable. (See Table.)
Legislative
Advocate
A person engaged to present views of a group or organization to
legislators, commonly called lobbyists. (See Lobbyist and Third
House.)
Legislative
Analyst
Staff Director of the Joint Budget Committee. The Legislative Analyst
provides thorough, nonpartisan analyses on the fiscal impact of
legislation.
Legislative
Counsel
The attorney for the Legislature, elected jointly by both Houses.
The Legislative Counsel and his or her legal staff are responsible
for drafting all bills and amendments, preparing a digest (summary)
of each bill, providing legal opinions, and generally representing
the Legislature in legal proceedings.
Legislative
Counsel's Digest
The digest is a brief summary of the changes the proposed bill would make to current law. The digest is found in the beginning of each bill (see Bill Digest).
Legislative
Data Center
Department of the Office of Legislative Counsel that maintains the
Inquiry System, operates the database under which legislation is
drafted and conveyed on the Office of State Publishing to be printed.,
and otherwise provides technological support to the Legislature.
(See Host.)
Lieutenant
Governor
The President of the Senate; designated by the State Constitution
allowing him or her to preside over the Senate and cast a vote only
in the event of a tie. If the Governor cannot assume his or her
duties or is absent from the State, the Lieutenant Governor assumes
the role of the Executive for the remainder of the term or during
the absence.
Line
Item Veto
(See Blue Pencil).
Lobbyist
An individual who seeks to influence the outcome of legislation
or administrative decisions. The law requires formal registration
as a lobbyist if an individual's lobbying activity exceeds 25 contacts
with decision makers in a two-month period. (See Legislative Advocate
and Third House.)
Lobbyist
Book
The Directory of Lobbyists, Lobbying Firms, and Lobbyist Employers
published every legislative session by the Secretary of State; available
to the public for $12.00 from the Legislative Bill Room at the State
Capitol or the Secretary of State's office. Photos and addresses
of lobbyists are included with a list of the clients they represent.
Employers of lobbyists are also listed alphabetically.
Lower
House
The Assembly.
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M
Majority
Floor Leader
Elected by the majority party caucus. Represents the Speaker on
the Floor, expedites Assembly Floor proceedings through parliamentary
procedures such as motions and points of order and promotes harmony
among the membership.
Majority
House
Quorum requirement of one more than half of the qualified Members
sitting at that time. For example, if there are four vacancies in
the Assembly, 39 Members would make a majority of the house. (See
Quorum.)
Majority Leader
The "number two" issues and political strategist for the
Senate's majority party, second in command to the Senate President
pro Tempore and elected by the members of the Senate's majority
party.
Majority
Of Those Present And Voting
A vote threshold that is determined by the number of Members voting
at that time. For example, if 40 Members are voting on the adoption
of amendments, a minimum of 21 "aye" votes would be necessary
to adopt the amendments.
Majority
Vote
A vote of more than half of the legislative body considering a measure.
The full Assembly requires a majority vote of 41 and the full Senate
requires 21, based on their memberships of 80 and 40 respectively.
Majority
Whip
One of the Members of the majority party's leadership team in the
Assembly or Senate who is responsible for monitoring legislation
and securing votes for legislation on the Floor.
Mason's
Manual
The definitive reference manual for parliamentary procedure unless
specifically covered by the Legislature's own written rules. Most
parliamentary situations are covered by the State Constitution,
Joint Rules or Assembly Rules.
May
Revision
Occurring in early May, the updated estimate of revenues and expenditures
that replaces the estimates contained in the Governor's Budget submitted
in January.
Measure
Any bill, resolution, or constitutional amendment that is acted
upon by the Legislature.
Messages
From The Governor
Official communications from the Governor which are read into the
record.
Minority
Floor Leader
Elected by the caucus having the second largest House membership.
Generally responsible for making motions, points of order and representing
the minority caucus on the Floor.
Minority Whip
One of the Members of the minority party's leadership team in the
Assembly or Senate who is responsible for monitoring legislation
and securing votes for legislation on the Floor.
Minutes
An accurate record of the proceedings. (See Journal and Daily Journal.)
Motion
A formal request for action made by a legislator during a committee
hearing or Floor Session.
Motion
To Reconsider
A parliamentary procedure which, if adopted, places the question
in the same status it had prior to the question.
Move
A Call
A parliamentary procedure that delays the announcement of the vote
on a measure. This action gives a Member additional time to gain
more support for his or her bill, or to build opposition. All calls
must be "lifted" before the House adjourns that day. (See
On Call.)
Move
The Previous Question
A motion made to end debate on a measure.
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N
Nonfiscal
Bill
A measure having no financial impact on the State and, therefore,
not required to be heard in an Assembly or Senate fiscal committee
as it moves through the legislative process. Nonfiscal bills are
subject to somewhat different legislative calendar deadlines than
fiscal bills.
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O
Oath
Of Office
An oath that is taken by Members-elect prior to being seated and
embarking upon official duties.
Office
Of Administrative Law (OAL)
The independent executive branch agency charged with reviewing state
agency rule making and regulations for compliance with procedures
and standards set forth in the rule making portion of the Administrative
Procedure Act (APA).
Officers
Those Members of the Legislature who are elected by the membership
of their respective Houses at the beginning of each session. Assembly
officers include: Speaker, Speaker pro Tempore, Chief Clerk, and
Sergeant-at-Arms. Senate officers include: President pro Tempore,
Secretary of the Senate, and Sergeant-at-Arms.
On
Call
A roll call vote in a committee or an Assembly or Senate Floor Session
that has occurred but has not yet been concluded and, therefore,
formally announced. Members may continue to vote or change their
votes as long as a measure remains "on call." Calls are
usually placed at the request of a bill's author in an effort to
gain votes. Calls can be lifted by request anytime during the committee
hearing or Floor Session, but cannot be carried over into the next
legislative day. (See Move A Call.)
On
File
A bill on the Second or Third Reading File of the Assembly or Senate
Daily File.
On
The Floor
The Assembly or Senate Chambers where legislation is considered
by the full Assembly or Senate.
Out
Of Order
A parliamentary ruling by the presiding officer of a committee or
the House that an action is not properly before the body or relevant
to its discussion and, therefore, cannot be discussed at that moment.
Override
An effort to reverse a Governor's veto by a vote of two-thirds of
the Members of each House. This requires 54 votes in the Assembly
and 27 votes in the Senate.
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P
Parliamentary
Inquiry
A question posed by a legislator during a committee hearing or Floor
Session. A Member must be recognized for this purpose and the question
is then answered by the committee chair or presiding officer.
Passage
Favorable action on a measure before either House.
Pass
And Retain
If a Member wishes to wait an additional day before taking up a
bill, the Member may ask the House for unanimous consent to pass
and retain his or her bill on File until the next legislative day
without penalty.
Pass
On File
When the House refuses to pass and retain a measure on the agenda,
it is passed on file. Whenever a bill has been passed on file twice
on two successive legislative days on the Third Reading File, it
shall be placed on the Inactive File.
Pass
Temporarily
A measure temporarily skipped on the agenda. If the bill's author
does not take up the measure by the end of the day, it may be passed
on File or passed and retained, keeping its place on the File by
unanimous consent.
Per
Diem
Literally means "per day." It is the daily expense money
rendered to legislators.
Petition
A formal request submitted to the Legislature by an individual or
group of individuals.
Point
Of Order
A parliamentary procedure used by a Member to bring attention to
a possible violation of the rules. The presiding officer makes a
ruling on the validity of the point of order.
Point
Of Personal Privilege
Statement by a Member that his or her character or purposes have
been impugned and his or her repudiation of the alleged charges.
Postpone
Motion to delay action on matters before the House.
Preprint
Bill
A bill introduced for the purpose of studying an issue, usually
during the interim. A preprint bill is never voted on. However,
based on the findings of the study, a Member may introduce an official
bill.
President
Of The Senate
The State Constitution designates the Lieutenant Governor as President
of the Senate, allowing him or her to preside over the Senate and
cast a vote only in the event of a 20-20 tie.
President
pro Tempore Of The Senate
(Literally: for the time) Highest ranking leader and most powerful
Member of the Senate; also chairs the Senate Rules Committee. Elected
by all Senators at the beginning of each two-year session.
Presiding
The act of managing the proceedings during Floor Session.
Presiding
Officer
The Member who presides over a legislative Floor Session. In the
Assembly, the presiding officer can be the Speaker, Speaker pro
Tempore or any other Assembly Member appointed by the Speaker. In
the Senate, the presiding officer can be the President, President
pro Tempore, or any other Senator appointed by the President pro
Tempore.
Press
Conference
A presentation of information to a group of reporters. Press conferences
are frequently held in the Governor's press room, Room 1190 of the
State Capitol.
Previous
Question
If a Member seeks to cut off all further debate on a measure, he
or she can call the previous question and force the body to vote
immediately on the issue.
Principal Coauthor
A legislator singled out to share credit along with the author of
a bill or resolution.
Privilege
Of The Floor
Permission given, by the presiding officer, to view the proceedings
from the Floor of the chamber, rather than from the gallery. Members
make this request on behalf of relatives, constituents, and guests.
Put
Over
An action delayed on a legislative measure until a future date without
jeopardy to the measure.
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Q
Quasi-Legislative
The term applied to the action or discretion of public administrative
officers or agencies to make law, primarily through rule making.
Quorum
The minimum number of legislators needed to begin conducting official
business in committee or on the Floor. A quorum is one more than
half of the entire body. The absence of a quorum is grounds for
immediate adjournment of a committee hearing or Floor Session.
Quorum
Call
Transmitting the message that Members are needed to establish a
quorum so proceedings can begin.
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R
Reading
Presentation of a bill before the House by reading the title thereof.
A bill is either in First, Second, or Third Reading until it is
passed by both Houses.
Reapportionment
Redistricting the State for election.
Recess
(1) An official pause of any length in a committee hearing or Floor
Session that halts the proceedings for a period of time but does
not have the finality of adjournment.
(2)
A break of more than four days in the regular session schedule such
as the "Spring recess," etc.
Reconsideration
A motion that, if carried, allows a measure that failed to be heard
again in committee or on the Floor.
Referendum
The method, used by members of the public, by which a measure adopted
by the Legislature may be submitted to the electorate for a vote.
A referendum petition must be signed by electors equal in number
to 5 percent of the vote for all candidates for Governor at the
last gubernatorial election.
Regulation
"Every rule, regulation, order, or standard of general application.
. .adopted by any State agency to implement, interpret, or make
specific the law enforced or administered by it, or to govern its
procedure." (Government Code Section 11342.) A legally adopted
regulation has the force of law.
Rescind
Revocation of previous actions.
Resolution
An opinion expressed by one or both Houses which does not have the
force of law. Concurrent and joint resolutions are voted on by both
Houses but do not require the Governor's signature. (See Concurrent
and Joint Resolutions.)
Roll
Call
A vote of a committee or the full Assembly or Senate. Committee
roll calls are conducted by the committee secretary who calls each
Member's name in alphabetical order with the chair's name last.
Assembly Floor roll calls are conducted electronically with each
Member pushing a button from his or her assigned seat. The green
button designates "aye" and the red button designates
"no." Senate roll calls are conducted by the Reading Clerk
who reads each Senator's name in alphabetical order and the Senator
voices his or her vote.
Rule
Making
The exercise of power granted by the Legislature to a State agency
to adopt regulations to implement, interpret, or make specific the
law enforced or administered by it, or to govern its procedure.
Rules
Those ideas which govern the operation of either or both Houses.
There are Standing Rules of the Assembly, Standing Rules of the
Senate, and Joint Rules.
Rule
Waiver
A specific exemption of the rules sought from the Assembly, Senate,
or Joint Rules by an Assembly Member or Senator; formal permission
must be sought and received.
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S
Second
Reading
Each bill introduced must be read three times before final passage.
This is the first order of business on the Daily File. The House
approves or denies committee recommendations at this stage. This
is usually accomplished without debate or vote.
Second
Reading File
The portion of the Daily File that lists measures that has been
reported out of committee. Measures which will be going to the Floor
for consideration will stay on the Second Reading File for one day
(without amendments) or two days (with amendments) before moving
to the Third Reading portion of the File.
Secretary
Of The Senate
Principal parliamentarian and record keeper for the Senate, elected
by Senators at the beginning of each two-year session. The Senate
Secretary and his or her staff are responsible for publishing the
Senate daily and weekly publications.
Section
A portion of the California Codes. The text of these sections are
set forth in bills and proposed to be amended, repealed, or added.
Senate
The upper House of the California Legislature consisting of 40 Members
elected from districts apportioned on the basis of population, one-half
of who are elected or re-elected every two years for four-year terms.
Sergeant-At-Arms
Staff responsible for maintaining order and providing security for
legislators. The Chief Sergeant-at-Arms in each House is elected
by a majority of the Members of that House at the beginning of every
legislative session. (See Officers.)
Session
The period during which the Legislature meets.
Short
Committee
Lacking sufficient Members of the committee; less than a quorum.
Sine
Die
Final adjournment. It means adjournment without day. No Days left.
Skeleton
Bill
A measure introduced with little or no substance. It will be amended
at a later date to include substantive text.
Speaker
The leading officer of the Assembly; elected by the Assembly Members
at the beginning of each two-year legislative session. This Member
presides over Floor Sessions.
Speaker
pro Tempore
An officer appointed by the Speaker that presides over Floor Sessions
in the absence of the Speaker.
Special
Order Of Business
Occasionally a bill is of such importance that advance notice is
given about when it will be considered in the full Assembly or Senate.
A request is made during a Floor Session by requesting unanimous
consent to set the bill as a Special Order of Business on a specific
date and time. This assures adequate time for debate and allows
all Members the opportunity to be present.
Sponsor
The legislator, private individual, or group who developed a piece
of legislation and advocates its passage.
Spot
Bill
A bill that amends a code section in such an innocuous way as to
be totally nonsubstantive. The bill has been introduced to assure
that a germane vehicle will be available at a later date after the
deadline has passed to introduce bills. At that future date, the
bill can be amended with more substantive provisions.
State
Auditor
Staff Director of the Joint Audit Committee. The Auditor General
audits the financial condition of State agencies.
State
Mandate
Chapter 1406, Statutes of 1972, first established the requirement
for the State to reimburse units of local government for all costs
mandated on them by the State resulting from either legislative
acts or administrative regulations which impose a new program or
demand an increased level of service in an existing program. Proposition
4 of 1979 (Gann Initiative) incorporated this requirement into Section
6 of Article XIII(B) of the State Constitution.
Statutes
Compilation of all enacted bills, chaptered by the Secretary of
State in the order in which they become law.
Stop
The Clock
The term used to describe the process of continuing business after
a time deadline has passed.
Subcommittee
A subgroup of a full committee, composed of committee members from
both parties.
Summary
Digest
Brief summaries of each piece of legislation passed in the two-year
session; prepared by Legislative Counsel. Measures are listed in
the order they were signed into law.
Suspend
The Constitution
A motion to waive requirements that the Constitution imposed, but
permits to be waived. A motion to suspend requires an extraordinary
vote.
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T
Table
To set aside. Typically used to dispense with, or set aside, amendments
to a bill rather than vote "aye" or "no" on
them. A motion to table is nondebatable and once made, must be voted
upon. (See Lay on the Table.)
Tax Levy
Any bill that imposes, repeals, or materially alters a State tax.
The Legislative Counsel determines whether a bill is a tax levy
and so indicates this information in the title, digest, and body
of the bill.
Third House
Lobbyists. (See Legislative Advocate and Lobbyist.)
Third
Reading
Each bill introduced must be read three times before final passage.
The stage at which bills are eligible for Floor debate and final
vote.
Third
Reading Analysis
A summary of a measure ready for Floor consideration. It contains
most recent amendments and information regarding how Members voted
on the measure when it was heard in committee. (See Bill Analysis
Unit.)
Third
Reading File
The portion of the Daily File that lists the bills that is ready
to be taken up for final passage.
Third
Set
The third date scheduled by a committee for hearing a bill after
two prior settings as requested by the author. Date changes made
by the committee chairperson do not count as "sets."
Thirty-Day
Provision
The 30 day waiting period following a bill's introduction before
a bill may be heard or acted upon by the Legislature. The waiting
period is required by the State Constitution and the Joint Rules
and can be waived by a three-fourths vote (60 in the Assembly; 30
in the Senate).
Title
That portion of a measure which identifies the subject matter of
a measure and precedes the contents of the measure. (See Codes.)
Tombstone
Specification in a bill that the act it creates will be named for
a state legislator; i.e., "The (last name of individual) Act."
Two-Thirds
Vote
In the Assembly, 54; in the Senate, 27; irrespective of any vacancies.
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U
Unanimous Consent
The consent (permission) of all those Members present, absent any
objection, debate, or vote (i.e., unanimous consent was granted
to suspend the four-day File notice requirement to hear a bill in
committee).
Underground Regulation
An agency regulation that should have been, but was not, adopted
following procedures set forth in the rule making portion of the
Administrative Procedure Act (commencing with Government Code Section
11340) and, consequently, is invalid.
Unfinished
Business
The
section of the Daily File that contains bills vetoed by the Governor,
concurrence items, conference reports, and certain motions to be
voted upon.
Unicameral
A legislature consisting of one House. (Nebraska has the only unicameral
State Legislature.)
Upper House
The Senate.
Urgency
Measure
A bill affecting the public peace, health, or safety and requiring
a two-thirds vote for passage. An urgency bill becomes effective
immediately upon enactment.
Urgency Clause
Language in a bill which states the bill will take effect immediately
upon enactment. A Floor vote on the urgency must precede a vote
on the bill. A two-thirds vote is required for passage.
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V
Veto
The formal action of the Governor disapproving a measure. The Governor's
veto may be overridden by two-thirds vote. The Governor can also
exercise an item veto, whereby the amount of an appropriation is
reduced or eliminated, while the rest of the bill is approved. An
item veto may be overridden by two-thirds vote in each House. (See
Also Blue Pencil).
Voice
Vote
A vote that requires only an oral "aye" or "no"
with no official count taken. The presiding officer determines whether
the "ayes" or "noes" carry.
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W
Weekly
History
(See History.)
Whip
A party officer charged with monitoring Floor activity of caucus
members.
Withdraw From Committee
A floor vote to compel the discharge of a bill from committee.
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