California Assembly Bill AR20 Latest Draft

 BILL NUMBER: HR 20INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Portantino AUGUST 15, 2011 Relative to the Standing Rules of the Assembly for the 2011-12 Regular Session. LEGISLATIVE COUNSEL'S DIGEST HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST Resolved by the Assembly of the State of California, That the Standing Rules of the Assembly for the 2011-12 Regular Session are amended as follows: First--That Rule 11.3 is amended to read: Open Meetings 11.3. (a) Except as otherwise provided in this rule, all meetings of the Assembly or a committee thereof shall be open and public, and all persons shall be permitted to attend the meetings. As used in this rule, "meeting" means a gathering of a quorum of the Members of the Assembly or a committee in one place for the purpose of  establishing or changing member budgets, leadership office budgets, caucus and   committee budgets, or any expenditure of funds that are made from moneys appropriated in the Budget Bill under Item 0120-011-0001,  or discussing legislative or other official matters within the jurisdiction of the Assembly or committee. As used in this rule, "committee" includes  the Committee on Rules,  a standing committee, joint committee, conference committee, subcommittee, select committee, special committee, research committee, or any similar body. (b) Any meeting that is required to be open and public pursuant to this rule, including any closed session held pursuant to subdivision (c), may be held only after full and timely notice to the public as provided by the Joint Rules of the Assembly and Senate. (c) The Assembly or a committee thereof 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 Assembly. (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 litigation, or whether to initiate litigation, when discussion in open session would not protect the interests of the Assembly or committee regarding the litigation. (d) A caucus of the Members of the Assembly that is composed of members of the same political party may meet in closed session. (e) A closed session may be held pursuant to paragraph (3) of subdivision (c) under any of the following circumstances: (1) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the Assembly or a committee, Member, or employee thereof is a party, has been initiated formally. (2) Based on existing facts and circumstances, a point has been reached where, in the opinion of the Assembly or a committee thereof, on the advice of its legal counsel, litigation against the Assembly or a committee, Member, or employee thereof is reasonably anticipated. (3) Based on existing facts and circumstances, the Assembly or a committee thereof has decided to initiate, or is deciding whether to initiate, litigation. (4) To confer with, or receive advice from, its legal counsel and negotiator prior to the purchase, sale, exchange, or lease of real property by or for the Assembly or a committee thereof regarding the price and terms of payment for the purchase, sale, exchange, or lease. (f) Prior to holding a closed session pursuant to paragraph (3) of subdivision (c), the presiding officer of the Assembly or the chair of the committee, as appropriate, shall state publicly which paragraph of subdivision (e) is applicable. If the closed session is held pursuant to paragraph (1) of subdivision (e), the presiding officer or chair shall state the title of or otherwise specifically identify the litigation to be discussed, unless the presiding officer or chair states that to do so would jeopardize the ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize the ability of the Assembly or the committee to conclude existing settlement negotiations to its advantage. If the closed session is held pursuant to paragraph (4) of subdivision (e), the notice of the closed session shall identify the real property that the negotiations may concern and the person with whom the negotiations may take place. (g) The legal counsel for the Assembly or the committee shall prepare and submit to the Assembly or the committee a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is held pursuant to paragraph (1) of subdivision (e), the memorandum shall include the title of or other identification of the litigation. If the closed session is held pursuant to paragraph (2), (3), or (4) of subdivision (e), the memorandum shall set forth the existing facts and circumstances on which the closed session is based. The legal counsel shall submit the memorandum to the Assembly or the committee prior to the closed session, if feasible, or, in any case, not later than one week after the closed session. The memorandum is exempt from disclosure under the Legislative Open Records Act contained in Article 3.5 (commencing with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code. (h) For purposes of paragraph (3) of subdivision (c), "litigation" includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. (i) For purposes of this rule, all expressions of the lawyer-client privilege other than those provided in this rule are hereby abrogated. This rule is the exclusive expression of the lawyer-client privilege for the purposes of conducting closed-session meetings pursuant to this rule. (j) Disclosure of a memorandum required under this rule shall not be deemed a waiver of the lawyer-client privilege provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. Second--That Rule 14 is amended to read: Powers of the Committee on Rules 14. (a) The Committee on Rules has the following powers:  (1) To establish in an open public meeting an annual operational budget for the support of each legislative district in the same or equal amount for each Member of the Assembly.   (2) To establish in an open public meeting an annual operational budget for the support of each of the following:   (A) The Committee on Rules, including Accounting, Benefits, Facilities Management, Fiscal Office, Payroll, and Purchasing.   (B) Each legislative standing committee, subcommittee, select committee, special committee, joint committee, investigative committee, or other committee funded by the Assembly.   (C) The Democratic Caucus and the Democratic or Speaker's Office of Member Services; the Republican Caucus, the Republican Office of Policy, and the Republican Office of Member Services.   (D) All other caucuses.   (E) Each leadership office.   (F) The Office of the Chief Clerk.   (G) Other services for the Assembly, including, but not limited to, Engrossing and Enrolling, Basement Garage, Mail Services, Sergeant at Arms, Telecommunications, Travel Office, Vehicle Maintenance, and the Offices on Reprographics.   (3) To have general direction over the rooms assigned for the use of the Assembly, including the rooms for use by Members of the Assembly as individual offices.   (1)   (4)  To refer each bill and resolution to a committee, as provided by these rules.  (2)   (5)  To appoint all employees of the Assembly not otherwise provided for by statute. It has authority to terminate, to discipline, to establish, and to modify the terms and conditions of employment of, or to suspend, with or without pay, any employee of the Assembly.  (3)   (6)  To make studies and recommendations designed to promote, improve, and expedite the business and procedure of the Assembly and of the committees thereof, and to propose any amendments to the Rules deemed necessary to accomplish these purposes.  (4)   (7)  To adopt additional policies or requirements regarding the use of cameras and other recording equipment at committee hearings or Assembly floor sessions.  (5)   (8)  To contract with other agencies, public or private, as it deems necessary for the rendition and affording of those services, facilities, studies, and reports to the committee that will best assist it to carry out the purposes for which it is created.  (6)   (9)  To cooperate with and secure the cooperation of county, city, city and county, and other local law enforcement agencies in investigating any matter within the scope of these rules and to direct the sheriff of any county to serve subpoenas, orders, and other process issued by the committee.  (7)   (10)  To report its findings and recommendations to the Legislature and to the people from time to time and at any time.  (8)   (11)  To do any and all other things necessary or convenient to enable it fully and adequately to exercise its powers, perform its duties, and accomplish the objects and purposes of these rules.  (9)   (12)  To make available to the Assembly, or to any Assembly or joint committee, or to any Member of the Assembly assistance in connection with the duties of the committee or other legislative matters as the personnel under direction of the committee or its other facilities permit.  (10)   (13)  To make available to and furnish to the Assembly, and to Assembly investigating committees created at this session and to each of the members thereof, clerical, secretarial, and stenographic help as may be reasonably necessary for the Assembly to carry out its work, and for the committees and each of the members thereof, to make and carry on the studies and investigations required by or of them by the resolutions creating the committees, and for these purposes to employ additional stenographic and secretarial assistants as may be necessary, assign, reassign, and discharge these assistants and prescribe amounts, times, and methods of payment of their compensation. The committee shall allocate annually an amount for the operation of each investigating committee, which shall constitute the annual budget of the committee. (b) During the times as the Assembly is not in session, the committee is authorized and directed to incur and pay expenses of the Assembly not otherwise provided for that the committee determines are reasonably necessary, including the repair, alteration, improvement, and equipping of the Assembly Chamber and the offices provided for the Assembly in the State Capitol and the Capitol Annex. (c) The committee shall allocate sufficient moneys from the Assembly Operating Fund to support the Assembly's share of joint operations. (d) The Chairperson of the Committee on Rules shall appoint a Chief Administrative Officer of the Assembly, subject to the ratification of the Committee on Rules, who has duties relating to the administrative, fiscal, and business affairs of the Assembly that the committee shall prescribe. The Chairperson of the Committee on Rules or a majority of the membership of the Committee on Rules may terminate the services of the Chief Administrative Officer at any time. Notwithstanding the foregoing, the Speaker may appoint a temporary chief administrative officer for up to 90 days following the beginning of the session. (e) The Committee on Rules shall provide for the publication of a compilation of the photographs of accredited press representatives.  (f) The Committee on Rules may delegate powers to the Speaker by a majority vote of the membership of the committee.   (f) The Committee on Rules, each quarter of each legislative year, shall make available to the public by posting on the Assembly's Internet Web site all of the following information:   (1) The salary earned by each Member of the Assembly during that legislative session and by that year to date.   (2) The amount of per diem claimed and paid to each Member of the Assembly during that legislative session and by that year to date.   (3) The current monthly salary earned by each individual employed by the Assembly and the amount paid year to date.   (4) The name, the duration of the contract, the contract amount, and the amount paid year to date for each contract of employment, each consulting contract, and each personal service contract entered into by a Member, a committee, or any other employee of the Assembly acting in his or her official capacity with individuals, corporations, companies, associations, or groups.   (5) All payments not covered in paragraphs (1) to (4), inclusive, gifts, or donations made from funds allocated to the Assembly by the Budget Bill or any other bill that aggregate more than $1,000 in a session that are made to any of the following:   (A) A state agency.   (B) An individual.   (C) A corporation, group, association, or business entity.   (6) Each Member of the Assembly's legislative budget for the legislative session by legislative year and by accounting quarter.   (7) Each Member of the Assembly's expenditures for the legislative session, by legislative year and by accounting quarter.   (8) Payments made for or on behalf of a Member of the Assembly or the Assembly to settle any legal claim, and payments made to satisfy a judgment against a Member of the Assembly or the Assembly in general.   (9) Payments made on or behalf of an employee of the Assembly to settle a legal claim, and payments made to satisfy a judgment against an employee of the Assembly.  Third--That Rule 15.5 is amended to read: Operating Fund Report 15.5. The Committee on Rules shall annually prepare a report to the public of expenditures as required by Section 9131 of the Government Code  and shall make that report available to the public on the Assembly's Internet Web site  . Fourth--That Rule 15.6 is amended to read: Independent Audit of Operating Funds 15.6. The Committee on Rules shall  contract for an independent   request the Controller to conduct an audit  of the revenues and expenditures, for each fiscal year, from the Assembly Operating Fund.  The organization performing the audit shall be selected by a majority of the membership of the Committee on Rules. The contract for the audit shall be awarded through a competitive bidding procedure.   Any Member, committee, caucus, or any other entity of the Assembly shall provide the Controller access to any records that the Controller determines are needed in order to conduct the audit.  The audit shall be prepared in a manner and form to be determined by the organization performing the audit   Controller  , and shall be consistent with generally accepted accounting principles. The audit shall be completed and made available to the public within  180   90  calendar days following the completion of the fiscal year for which the audit is performed. Fifth--that Rule 15.7 is amended to read: Performance Audit 15.7. In addition to the annual financial audit required by Rule 15.6, the Committee on Rules shall  contract for   request the Controller to conduct  an audit of the administrative operations of the Assembly. The administrative departments to be audited shall be determined by  the Committee on Rules   the Controller  .  An organization performing an audit pursuant to this rule shall be selected by a majority of the membership of the Committee on Rules. A contract for an audit shall be awarded through a competitive bidding procedure.   Any Member, committee, caucus, or any other entity of the Assembly shall provide the Controller access to any records that the Controller determines are needed in order to conduct the audit.  Audits shall be prepared in a manner and form to be determined by the  organization performing the audit   Controller  , and shall be consistent with generally accepted accounting principles. All findings and recommendations reported  by an auditing firm  shall be  a legislative record for purposes of Section 9072 of the Government Code, and  made available to Members  ,  and  to the public   shall be made available to the public on the Assembly's Internet Web site  . Sixth--That Rule 18 is amended to read: Expenditures  18. A member   18. The Assembly shall establish an equal operational budget for the support of each legislative district per year. This budget shall provide for the total expenses associated with staffing, maintenance, and operational expenses for a district office or offices and a Sacramento capitol office for each elected Member of the Assembly who shall exercise discretion as to its expenditures.   Budget funds allocated to committees, caucuses, Assembly officers, or other budgeted funds of the Assembly shall be used only for that committee, caucus, Assembly officer, or other budgeted fund, and only for the purpose for which it is intended. These funds shall not be used for the staffing or other operational support for any Member of the Assembly's district or capitol office.   A Member  or committee  of the Assembly  may not incur any expense except as authorized pursuant to these rules or the Joint Rules of the Senate and Assembly, or as authorized by the Assembly or the Committee on Rules. The Committee on Rules shall provide, by rules and regulations, for the manner of authorizing expenditures by Members, committees, officers, and employees of the Assembly that are not otherwise authorized by law, these rules, or the Joint Rules of the Senate and Assembly. These rules and regulations shall incorporate a provision whereby construction, alteration, improvement, repair, or maintenance of real or personal property, and the purchase of supplies and equipment, shall be governed by competitive bidding. Further, the rules and regulations shall provide for the payment of expenditures, as authorized by these rules and regulations, from the Assembly Operating Fund upon certification of claims therefor to the Controller by the Committee on Rules or its authorized representative. A Member  of the Assembly  may not be reimbursed for travel outside the State of California without prior approval of  the Speaker or  the Committee on Rules. Seventh--That Rule 26 is amended to read: IV. ASSEMBLY FUNCTIONS A. Duties of Assembly Officers Duties of the Speaker 26. (a) The Speaker possesses the powers and shall perform the duties prescribed as follows: (1) To preserve order and decorum; he or she may speak to points of order in preference to the other Members, rising from his or her chair for that purpose. (2) To decide all questions of order subject to appeal to the Assembly by any Member. On every appeal, the Speaker shall have the right to assign the reason for his or her decision. (3) To name any Member to perform the duties of the Speaker, except that any substitution may not extend beyond adjournment. (4) 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  .  (5) To allocate funds, staffing, and other resources for the effective operation of the Assembly.   (6)   (5)  To appoint the membership of all standing and special committees, including the Committee on Rules, and their respective chairpersons and vice chairpersons. The Speaker has approval power over the appointment of subcommittees of standing and special committees, except as otherwise provided in Rule 14.5. The Committee on Rules consists of the Chairperson, Vice Chairperson, and other Members who shall be appointed by the Speaker in accordance with the process for appointing the membership of standing committees pursuant to this rule. Two alternate members of the Committee on Rules shall be appointed in accordance with the process for appointing members to the Committee on Rules. Members and alternates so appointed shall remain in office until their successors are selected as provided for in these rules. The Speaker may designate any member in lieu of or in addition to the alternate member to fill a temporary vacancy. An alternate member may serve when a committee member is absent.  (7)   (6)  To establish a schedule of meetings of standing committees or subcommittees and to approve special meetings at a time different from the scheduled time.  (8)   (7)  To have general control and direction over the Journals, papers, and bills of the Assembly and to establish a procedure in accordance with Assembly Rule 118 for admitting employees of the Legislature to the Assembly Chambers, including the lobby in the rear of the chambers and any hallway or area of the floor that is adjacent to the desks occupied by the assistants to the Chief Clerk.  (9)   (8)  To act as Chairperson of the Committee of the Whole.  (10)   (9)  To order the Lobby and Gallery cleared whenever he or she deems it necessary.  (11)   (10)  To authenticate by his or her signature, when necessary or required by law, all bills, memorials, resolutions, orders, proceedings, writs, warrants, and subpoenas issued by order of the Assembly. (b) The Speaker is an ex officio member of all Assembly and joint committees with all of the rights and privileges of that membership, except the right to vote. In counting a quorum of any of those committees, the Speaker shall not be counted as a member. (c) The Speaker shall, at each regular session, appoint a Member of the Assembly to serve on the Judicial Council pursuant to Section 6 of Article VI of the California Constitution.