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APPENDIX II.

FOR USE OF PRESIDING OFFICERS.

N. B. This appendix was arranged for the use of the presiding officers of the Senate, but can be used in the Assembly by substitution of Assembly for Senate, and vice versa, wherever these words occur.

THE CONSIDERATION OF THE DAILY FILE.

PART I. THE THIRD-READING FILE-SENATE BILLS.

The presiding officer (when this stage of the legislative proceedings is reached announces to the Senate, "The consideration of the ThirdReading File."

The President announces :

Senator

"No. 1 on file-(a) Senate Bill No. author, committee recommends that it do pass. Question is, 'Shall bill be read third time? There being no objections, Secretary will read.' (Secretary then reads.) (b) The question is on the final passage of Senate Bill No. 275 (or adoption of constitutional amendment, joint resolution. or concurrent resolution, as the case may be). The Secretary will call the roll."

After the roll call by the Secretary, he hands the President the roll call and orally states to him what the vote is so many ayes and so many noes.

(c) The President then announces to the Senate, ayes (28); noes (6). The bill is passed; then he says, Are there any amendments to the title? If not, title stands approved and bill will be transmitted to the Assembly.'

In the event that amendments are necessary other than to the title, they can only be made by one proceeding, namely, that of a reference to a Special Committee of One with instructions to amend as follows (stating the amendment submitted) :

The question then by the presiding officer is, "Shall the bill be referred to a Special Committee of One with instructions to amend? Those in favor, aye; contrary, no."

as a Special Committee to amend

(If reference is ordered the President announces "Senate Bill No. is referred to Senator --as directed.") Then follows the report of Special Committee, which has already been prepared. This brings us to the question of "Shall the report of the Special Committee of One be adopted?" After the vote taken, which does not require a roll call, bill is ordered printed as amended, and transmitted to the Assembly.

Continuing the consideration of the file, the President then announces : The next is No. 2 on file-"Senate Concurrent Resolution No. The same language and proceedings as above in (a), (b) and (c), except use the word "adopted" instead of "passed.

author, commit

No. 3 on file-Senate Bill No. (—)-Senator tee recommends, do pass (then follows the same language as given above). Immediately after the presiding officer has stated that the bill

NOTE. If there are not 21 votes in the affirmative, that is, voting aye on the bill, the President uses the following language: "The Senate refuses to pass Senate Bill No.

has passed, he says, "Are there any amendments to the title? Being none, the title stands approved. Bill will be transmitted to the Assembly."

The question liable to arise on third reading:

First: A Motion to Reconsider. It may occur where a bill is contested and the vote is close, and may have passed or have been refused passage, that the losing side will desire another vote to be taken before the bill is finally disposed of. The Senator who has voted with the prevailing side (which may either be that side that had voted for the passage of the bill, which received twenty-one or more votes, or that side which opposed the bill that did not receive the required twenty-one or more votes) can give notice that on the next legislative day he will move for a reconsideration of the vote whereby the bill was passed (or was refused passage, as the case may be). This notice precludes the bill from being sent to the Assembly or otherwise disposed of, until the conclusion of the following day or that time during the following day when the reconsideration is made. In the event of a notice of a motion to reconsider not being taken up, the close of the legislative day places the bill in the same condition that it was before the notice was given on the preceding day, namely, that it shall be immediately transmitted to the other house.

PART II. THE THIRD-READING FILE-ASSEMBLY BILLS. Where Assembly bills have reached the stage of third reading, they are on the third-reading file, and are treated in exactly the same manner as a Senate bill is, but in the event of amendments having been made to the bill, the question on passage is, "Shall Assembly Bill No. --- be passed as amended in Senate?" And the message is that the "Bill has been amended and passed as amended; and the Senate requests that the Assembly concur in said amendments."

Presuming that the Assembly refused to concur in these amendments, it requests the Senate to recede therefrom. Should the Senate refuse to recede it notifies the Assembly of such refusal, and asks that a committee of conference be appointed to consult with a like committee appointed by the Senate. This Committee on Conference constitutes three members from each house. The bill is then given to this Committee on Conference, after the Assembly has been notified that the President has named the Senate Committee on Conference.

The Committee on Conference reports back to each house the result of its conclusions, in so far as the amendments are concerned, recommending either that the Senate recede or that the Assembly concur in the amendments. If no agreement can be reached, they report to that effect, and ask that a Committee on Free Conference be named. This Committee on Free Conference consists of a like number as the Committee on Conference. Their consultation is of a like character to the Committee on Conference, but with the additional power of being permitted to propose further amendments. In the event of a disagreement on the part of the Committee on Free Conference, the committee so reports to their respective houses; the report can be accepted as final, or the committee may be discharged and other confreres appointed, but no member having previously served on the conference committee shall be

appointed to consider the same bill. The same procedure may be had on any report made by a Committee on Free Conference, but the report made is not subject to amendment in either house. In the event of no final agreement on a bill through Free Conference, the bill ends its existence. The joint rules of the forty-first session of the California Legislature require an affirmative vote of not less than four members of the committee to agree upon a report.

Should a compromise be effected by either the Committee on Conference or the Committee on Free Conference, they so report, and their report must be adopted; and after the bill is printed, if there are any changes in the bill as passed in the house of its origin, the house of origin orders it to enrollment.

PART III-SECOND-READING FILE.

In their regular order the bills reach the second-reading file on the day subsequent to the day that they are reported from the committee to which they have been referred.

After giving the number of bill on file, the number of the bill, the author's name and recommendation of the committee, the President directs the Secretary to read the bill by sections. Secretary then reads section 1. On its conclusion, the President says, "Are there any amendments to section 1?" On conclusion of each section he uses the same language. If there are committee amendments attached to the bill, they are considered in their regular order and adopted or rejected, the announcement of which result is made after the consideration of each amendment. The President's last notice is, "Are there any amendments to the bill?" Following this, he says, "The bill (if amended 'shall be printed') is ordered engrossed to third reading."

The next number on the file is taken up in the same manner and the same language is used. In the event that at any time there is an objection made from the routine of the general order of business, it must be made on motion of the Senate; but the objection on the part of any one member gives the President no alternative but a roll call (if demanded by three Senators), the question being on temporary suspension of rules. A temporary suspension requires twenty-seven votes and is only applicable to the question then under debate, or the subject under discussion, and can not be applied to any other or subsequent motion, resolution or act. If the roll is not in itself pertainable to the conditions, a notice must be given of one day on the part of some Senator to the effect that on the next legislative day he will move to change or rescind the rule affected.