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Standing Joint Rules of the Assembly and Senate of the California YMCA Model Legislature and Court.1. HOURS OF MEETING The hours of meeting, including the hours for committee meetings, shall be as established in the printed program and the rulings of the Speaker or Lieutenant Governor (hereafter called presiding officer). Enforcing such hours shall not be subject to appeal. Extra committee sessions may be held if (1) the Committee Chair can arrange for an official advisor and a meeting location, and (2) the presiding officer of each house grants permission for the holding of such an extra session. 2. ORDER OF BUSINESS The order of business shall be as follows: 1. Roll Call 3. CALL TO ORDER The presiding officer, or in his/her absence, the Speaker Pro-Tempore (President Pro-Tempore), shall take the chair precisely at the hour appointed for the meeting and shall immediately call the Assembly (Senate) to order. In the absence of the presiding officer or the Speaker Pro-Tempore (President Pro-Tempore), the Chief Clerk (Secretary) shall call the House to order. 4. ROLL CALL AND QUORUM Before proceeding with the business of the day, the roll of members shall be called, and the names present shall be entered in the journal. A majority of the members of either House shall constitute a quorum of that House. 5. INVOCATION BY CHAPLAIN Following the roll of members the Chaplain shall be asked to open the session with an invocation. 6. PLEDGE OF ALLEGIANCE Following the invocation the members of the Assembly (Senate) shall stand and be led in the Pledge of Allegiance to the American Flag by the presiding officer. 7. READING OF JOURNAL - ITS CORRECTION -AND APPROVAL Reading of the Journal of the previous day may be dispensed with upon a motion adopted by a majority of the members present. The Chief Clerk (Secretary) shall maintain, and correct as instructed, the journal of the Assembly (Senate). 8. COMMITTEE REPORTS Each committee shall report promptly to the Assembly (Senate) its recommendations on those bills referred to it by the California YMCA Youth & Government staff. These reports shall be in writing, and shall be delivered to the Secretary of State who will deliver them to the Chief Clerk (Secretary) or an assistant, and shall then be read unless otherwise ordered by the chair or by a majority vote of the members present. 9. MESSAGES FROM THE GOVERNOR Messages from the Governor shall be delivered to the Chief Clerk (Secretary) or to an assistant and shall be read. 10. MESSAGES FROM THE OTHER HOUSE Messages from the other House shall be delivered to the Chief Clerk (Secretary) or to an assistant, and shall be read. Bills approved by the other House shall be placed on the docket, following such reading. 11. INTRODUCTION OF BILLS The delegation from each local YMCA or Branch thereof (including school and other non-branch delegations, hereinafter referred to as YMCAs), must, on behalf of that YMCA, introduce one or more bills, as determined by the size of the delegation on the form provided by the California YMCA Youth & Government staff office, or a reasonable facsimile thereof. The Bills shall be printed separately, except that in the case of identical bills from different YMCAs, the text of the bill shall be printed in the Daily File only once, but the bill shall carry the names of each of the YMCAs. When identical bills are introduced by two different delegations in both the Senate and the Assembly, concurrently, the full text of only one bill shall be printed. No bill may be introduced except in the manner specified in these rules. The California YMCA Youth & Government Board of Directors has made the following statement regarding the subject matter of bills: "The YMCA has always been aware that strong differences of opinion grow out of statements by individuals at the Model Legislature/Court and even out of 'Legislation' enacted by the youth delegates. It believes strongly, however, that this process is essential to the maximum growth of the participants and to the future of the Nation. The 'legislative acts' (bills) and statements presented by high school students at the YMCA Model Legislature/Court are their own and they do not speak for the YMCA as an organization." As used in these rules, the term "bill" includes constitutional amendments, concurrent and joint resolutions. 12. CONSTITUTIONAL AMENDMENTS, CONCURRENT AND JOINT RESOLUTIONS Constitutional amendments, concurrent and joint resolutions shall be treated as bills, except as provided in Rule 18(c). Note: The Youth Governor does not have the prerogative to veto Constitutional Amendments, concurrent or joint resolutions, but may attach to these documents a statement of opinion of the bill. 13. DOCKET The following listing shall constitute the order of the docket: A: Unfinished business. B. Combines second and third reading of bills originating in the House convened. C. Combines second and third reading of bills originating in the other House. All bills on the docket shall be called for consideration in the order determined by the Secretary of State and the Chief Clerk (Secretary); except that: 1) When bills from more than one committee are pending, not more than one bill reported from a particular committee shall be acted upon before each other committee shall likewise have had the opportunity to submit one, but not more than one, bill for consideration, and 2) Bills must be ordered as reported out of committee by the committee chair. D. The Chief Clerk (Secretary) shall establish the order of bills on the docket, subject to the direction of the presiding officer. The presiding officer may give priority on the docket to the consideration of bills originating in the other House but such bills shall be called in the order of their receipt. E. Each House may adopt a ratio for consideration of bills from the other house. The author/sponsor of a bill may request the Chief Clerk (Secretary) to place the author/sponsor's bill in a lower position on the docket (not to exceed five places), but once moved it cannot be moved again. When the Chief Clerk (Secretary) has so placed a bill, the presiding officer and the members of the Assembly (Senate) shall be notified. F. A bill may be referred back to committee (1) by majority vote of the house during consideration or (2) by motion of the author/ sponsor before consideration once written consent has been received from the committee chairperson. A bill referred back to committee shall be returned to its former position on the docket. If its former position on the docket has passed, the bill shall be placed on the top of the docket. 14. CONSENT CALENDAR At the conclusion of the final legislative session, at the discretion of the presiding officer, a motion may be made to place all pending legislation which currently appears on the docket on a "Consent Calendar". Bills on the Consent Calendar must meet the following requirements: A. Must have the approval of the bill's author/sponsor. B. Must not have been heard on the floor of the House prior to the "Consent Calendar" motion (except in the case of a bill sent to the floor after being referred back to committee). C. Must be currently on the docket (Bills may not be pulled from the table or committee) The Consent Calendar motion shall not be used to override a Governor's veto of legislation. The Consent Calendar shall be approved by a majority vote of the Assembly (Senate). If approved, Consent Calendar legislation that requires the Governor's signature will be sent to the Governor for action. 15. SUSPENSION OF RULES - AMENDMENT OF RULES The Standing Rules may not be suspended and/or amended during the session for which adopted. Recommendations for amending the Standing Rules may be initiated only by concurrent resolution. Notwithstanding the provisions of Rule 2, such a resolution may be introduced and shall be referred to the Joint Committee on Rules, consisting of the President Pro-Tempore and two members of the Senate appointed by the Lieutenant Governor, and three members of the Assembly appointed by the Speaker. The President Pro-Tempore of the Senate shall serve as Chairman. Approval by the committee requires a favorable vote of at least one Senate member and two Assembly members of the committee. Approved resolutions shall be reported back to the House of origin for consideration. Any amendments receiving favorable action from both Houses shall take effect the year following their adoption. All changes in the Standing Joint Rules must be approved by the YMCA Youth & Government Program Committee. 16. DUTIES OF OFFICERS A. All legislative officers, when not presiding (or performing their official duties, shall have debate and voting privileges on the floor of their own House. B. The Speaker (Lieutenant Governor) shall possess the following powers and perform these duties: 1. Preserve order and decorum; speak to points of order in preference to other members; 2. Decide all question of order subject to appeal to the Assembly (Senate) by any member; 3. Have general direction over the Chambers and other rooms set aside for the use of the Assembly (Senate); 4. Name any member to perform the duties of Speaker (Lieutenant Governor); but not beyond adjournment of the meeting for which the person is so appointed; 5. Have general control and direction over the Journals, bills, and papers of the Assembly (Senate); 6. Authenticate by signature, all bills, memorials, resolutions, order, and proceedings of the Assembly (Senate); 7. Be an ex-officio member of all committees to the Assembly (Senate) and all joint committees but without the right to vote. This attendance shall not be considered in establishing a quorum in such committee meetings. C. The Presiding Officer shall vote only in case of a tie vote. D. The Speaker Pro-Tempore (President Pro-Tempore) shall have the powers and perform the duties of the Speaker (Lieutenant Governor) in his/her absence. 1. The Speaker Pro-Tempore (President Pro- Tempore) is entitled to be an ex-officio member of all committees to the Assembly (Senate) and all joint committees, but without the right to vote. 2. The President Pro-Tempore shall serve as Chair of the Joint Committee on Rules. E. The Chief Clerk (Secretary) shall have the following duties: 1. Have charge of and supervise all clerical business and printing of the Assembly (Senate); 2. See that all records are properly kept; 3. Refuse to permit any records or papers to be taken from personal custody, except upon duly signed receipts from authorized persons; 4. Read or allow assigned assistants to read from the desk only such matter as the presiding officer shall direct; 5. Have general supervision over all clerks, attaches, and employees of the Assembly (Senate) with full responsibility for their attendance and the proper performance of their duties; 6. Dispatch to the other House all bills with their amendments promptly upon passage by the House concerned; 7. At the direction of the presiding officer correct the title of any bill to conform to amendments adopted by the House to the text of the bill, and correct clerical errors in bills. F. The Sergeant-at-Arms shall have the following duties: 1. Attend the Assembly (Senate) during its sessions, preserve order, and perform such other duties as he/she may be assigned by the presiding officer; 2. See that no person is admitted to the Assembly (Senate) Chamber during its session other than its members, except as directed by the presiding officer or as otherwise directed in these Rules (Section 17E); 3. Direct the activities of assigned assistants. G. The Chaplain shall offer an invocation following the roll call at the opening of each day's regular sessions, and at such other times as he/she may be requested. 17. DECORUM AND PRIVILEGES OF MEMBERS A. When a member desires to address the Assembly (Senate) the member shall rise from his/her seat and respectfully address himself or herself to "MR. OR MADAM SPEAKER" (MR. OR MADAM PRESIDENT), but shall not speak further until recognized by the chair. Upon being recognized, they are to state their name and YMCA, and then may speak on the subject under consideration. When two or more members rise at the same time, the presiding officer shall designate the member who is entitled to speak. B. No member shall speak more than once during the consideration of one question on the same day and at the same stage of proceeding without the unanimous consent of the members, except that the author (official proponent) of a bill or the maker of a motion shall have the right to open and close the debate thereon. Once recognized, each member shall be entitled to three, but not more than three, minutes to speak on any bill or other question before the house, except that the author or official proponent of the bill under consideration may speak five minutes to open and three minutes to close the debate. No question may be directed to a member speaking on a bill during his/her presentation, but a member may yield to questions during any time he/she has remaining after making his/her presentation. A member's time to speak may only be extended beyond the three-minute limit by a unanimous vote. Speakers on a main motion (bill) shall not exceed 3 for (pro) and 3 against (con). A motion to increase the number of speakers may be passed by a two-thirds vote of all members for a maximum of two speakers. The number of speakers may be increased only once during any main motion. The author or official proponent of the bill under consideration may yield the entitled time to any member who has not yet spoken, but no other member shall yield to another member time to speak on any matter. C. If any member is in violation of these rules, the presiding officer shall call the offending member to order. The member shall immediately be seated, unless permitted by the chair to explain. Any member may rise to a point of order by receiving recognition of the chair and stating a point of order. The member shall then be seated. The presiding officer shall decide the point of order without debate. The decision of the presiding officer on points of order shall be subject to appeal to the Assembly (Senate) and a majority vote of the members present shall decide such an appeal. An appeal is not debatable. D. No person shall, while on the floor of the Assembly (Senate) or in the chambers proper engage in attacks ad hominem, profanity or offensive language, or any activity not keeping with the solemnity and decorum of the proceedings. Food or drink of any kind is not permitted in any of the State Capitol chambers and meeting rooms, in any other state owned facility, and at any Joint Convention or General session held in the Hyatt Hotel or Convention Center. All cell phones, pagers, and walkie-talkies (except those used by Y&G staff) must be turned off during all sessions, meetings, and hearings in all program areas. Advisors and staff may leave devices on, but inaudible, for emergency contact reasons, but must leave the session/area in order to answer a call. Smoking or the use of tobacco products is not permitted during any conference sponsored by the California YMCA Youth & Government Program. Infringements of these regulations shall be dealt with by the Sergeant-at-Arms and if appropriate, the Conference deans. Those who disregard the warning of the Sergeant-at-Arms shall be brought to the attention of the presiding officer by the Sergeant-at-Arms and may be required to leave at the discretion of the presiding officer. Nothing in this paragraph shall, however, be construed as limiting or otherwise regulating the actions of any regular employees or officials of the California Legislature. E. Only members of the Assembly (Senate) shall be allowed on the floor of that House, with the following exceptions: 1. Youth officers 2. Youth cabinet members (one at a time) 3. Pages of the House 4. Media members when actively photographing or taping the proceedings, with permission of the Sgt.-at-Arms. (maximum of five at a time) 5. Assistant Legislative Analysts 6. Youth & Government staff and administrators 7. Advisors when taking photographs (one at a time for no more than three minutes) with permission of Sgt.-at-Arms 8. Adult legislators and their staff None of the exceptions listed above may speak or vote on the floor except as provided in Rule 22. 18. METHOD OF VOTING A. Only duly selected members may vote, and every member in the Assembly (Senate) Chamber when a vote is taken shall vote, unless religious or moral reasons shall force them to abstain from voting, in which case they shall have the right to express their reason for abstention. Their vote shall be by voice, except as otherwise provided herein. Their vote shall be a simple "Aye" if for the measure or motion; "No" if opposed. B. The presiding officer, using personal discretion, may, or upon the request of 20 members of the Assembly (10 Senators) made before the voting begins, shall, call for a standing vote. In this event he/she shall ask for those in favor of the measure or motion to stand. They shall stand until the Chief Clerk (Secretary) has completed the tally. The Speaker (Lieutenant Governor) shall then ask for those opposed to the motion or measure to stand. They likewise shall continue standing until the Chief Clerk (Secretary) has completed the count, and the results are then announced. C. A majority vote of the members of the Assembly (Senate) present shall be required for the passage of any bill (including concurrent or joint resolutions), except that a two-thirds vote of the members of the Assembly (Senate) present shall be required for the passage of any proposed Constitutional amendment, or for the passage of a bill over the Governor's veto. A veto by the Governor may be overridden if both Houses vote therefore. D. In the case of an equal division or tie vote in either House in which the Speaker or the Lieutenant Governor refused to vote, the question shall be lost. E. Once begun, the vote shall not be interrupted. 19. LEAVE OF ABSENCE No member shall leave any session of the Assembly (Senate) without the permission of the presiding officer. 20. MOTIONS AND QUESTIONS When a question is under debate or before the Assembly (Senate) all privileged, subsidiary, and incidental motions shall be received by the presiding officer in the order of precedence set by Roberts Rules of Order (revised). No motion which conflicts with Section 15 of the Joint Rules shall be received. All incidental questions or order, arising after a motion is made or any of the questions indicated above, shall be decided by the presiding officer and shall not be subject to debate. 21. AMENDMENTS A. Amendments may be introduced only in the House in which the bill originated and the second House shall consider the bill in its amended form. B. Amendments may not be submitted by members on the floor. C. Amendments must first be considered in committees. They shall be in writing and attached to the original bill and committee report thereon at the time the bill is returned to the Chief Clerk (Secretary) with the committee report. Amendments which constitute a change of 25 words or more shall be reproduced for distribution to members of both Houses. Committees may not actually amend bills, but may only propose recommended amendments for action by the Assembly (Senate). Such recommendations shall require a majority vote of the members of the committee. Committee amendments shall be considered at the time of the combined second and third reading of bills, and action on committee amendments shall precede consideration of the bill on the floor. Author's amendments may be presented to the committee prior to the consideration of the bill, and will become part of the un amended bill without debate or vote of the committee. Authors amendments may not change the intent of the original bill as submitted to the YMCA Youth & Government office. D. Amendments may be adopted by majority vote of the present members of the House in which the amendment is being considered. 22. SPECIAL SPEAKERS A. Only House members may speak on the floor of that House, with the following exceptions: 1. The State Legislative Analyst or an assistant, when speaking in reference to the fiscal nature of a bill. 2. The Governor, when presenting a legislative address. 3. The Assembly (Senate) may, upon a two-thirds vote of its members, allow a non- member to speak to the House. The speaker is entitled to speak for three minutes and may have their time extended as provided in Rule 17B. 4. Under special (i.e., emergency) circumstances, Youth & Government staff may address the House. B. The Assembly (Senate) shall adopt no rules which infringe upon these exceptions. 23. PARLIAMENTARY RULES In all cases not provided for in these Rules, the authority shall be Roberts Rules of Order (revised). Revised May 2003 ^ top ^ |
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California
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