Committee Information

Question 1

When does a bill have a 2nd reference committee?

Answer 1

Appropriations bills or bills that appropriate more than $100,000

Question 2

If a bill requires a 2nd reference committee, which committee is it sent to?

Answer 2

Respective houses appropriations committee

Question 3

If a bill that appropriates money more than $100,000 is sent the House’s Appropriations Committee, does the bill need to have a 2nd reference committee?

Answer 3

No

Question 4

Who determines the order of sponsor’s and prime sponsor’s for a substitute bill?

Answer 4

Committee chair

Question 5

How many votes are needed in a committee meeting to amend a bill? (generally)

Answer 5

• Assembly - Majority of members present
• Senate - Majority of authorized membership

Question 6

How many votes are needed in an Assembly committee meeting to amend a bill?

Answer 6

Majority of the Members Present

Question 7

How many votes are needed in a Senate committee meeting to amend a bill?

Answer 7

Majority of Authorized Membership

Question 8

How much public notice before a committee meeting? (generally)

Answer 8

Senate - 5 State Working Days
Assembly - 5 days

Question 9

How much public notice before a Senate committee meeting?

Answer 9

5 State Working Days

Question 10

How much public notice before an Assembly committee meeting?

Answer 10

5 Days

Question 11

Who appoints members of standing committees?

Answer 11

Presiding officer appoints members and the minority and majority leaders will make recommendations.

Question 12

What are the prime functions of the committee aide?

Answer 12

• Providing OLS research, fiscal & legal support services to committee members
• Provides the committee amendments, statements, substitutes, maintain committee records, bill folders, binder for attendance and voting records, meeting folders, serve as facilitator; assist witnesses & interest groups,
• Responsible for calling and recording the vote on each member on motions
• Advise chair/committee of potential rule violations; providing expertise on subject matter; last minute amendments; conceptual amendments;
• Works for all members

Question 13

If you are a committee aide and the committee chair asks you if you can start without a quorum since people are running late due to traffic, what do you say?

Answer 13

Yes, we can start the meeting without a quorum, to receive testimony but need a quorum to take any official action such as amending, substituting, or reporting a bill or resolution out of committee.

Question 14

What do you do if someone asks you that they want to give testimony?

Answer 14

Fill out a sign in slip

Question 15

What happens if you are a committee aide and a Legislator tell you that he needs to leave the committee early and wants to vote?

Answer 15

The voting rules are decided at the beginning of each 2 year legislative session.

Sometimes voting rules allow for the Senator/Assemblyman to sign slips if they are not there and want to vote.

Votes recorded at discretion of the chair.

Question 16

Can a member who was never present at the committee meeting be recorded as having voted on a motion at the meeting?

Answer 16

• Yes, if has clear written direction from both the chair and a representative of the presiding officer of the house.
• Must tell legislator, chair & partisan staff that there will be a contradiction b/w the audio archive and the written record of committee meeting.

Question 17

After committee chair prepares agenda, what is done, but not in required by the rules?

Answer 17

• PO approves the agenda
• Revised agenda: can change time, room, and bills on agenda; even if it is the day of the agenda a revised agenda can reflect new bills, & this agenda serves as notice
• Waiver: can waive a bill onto the agenda at the meeting, won’t be on the agenda b4 the meeting; * - will denote action of bill that was waived onto agenda; Waivers do not have notice
• When we “waive” a bill on then it is not considered a “revised” agenda
• Waivers must be approved by PO and committee chair

Question 18

What is the requirement for committee substitutes?

Answer 18

Has to be substantially similar subject matter (Senate Rule 12:4)

Question 19

Who’s permitted to interrupt at a committee meeting?

Answer 19

The Committee Chair

Question 20

Who can move/transfer a bill out of committee?

Answer 20

Presiding Officer (can transfer it out to another committee)

Question 21

Can committee chair make rules governing operation of their committee?

Answer 21

Yes, as long as they follow established House rules and don’t violate statutory or Constitutional law

Question 22

Who determines the order of sponsorship in a substitute committee bill?

Answer 22

Committee chair

Question 23

What is the purpose of public hearing?

Answer 23

For the members of the committee and the public to receive oral and written testimony from interested persons on a particular issue or program, or bill/resolution.

Question 24

What are the notice requirements for public hearings? (generally)

Answer 24

Senate: 5 State working days
Assembly: 10 calendar days

Question 25

What are the notice requirements for public hearings held in the Senate?

Answer 25

5 State Working Days

Question 26

What are the notice requirements for public hearings held in the Assembly?

Answer 26

10 Calendar Days (includes weekends and Holidays)

Question 27

Why are committee substitutes done?

Answer 27

They are done in order to:
- Combine the # of bills/resolutions dealing with the similar topics
- Create a more readable version
- a more readable version may eliminate the trail of changes
- For partisan or political purposes
- partisan or political purposes include establishing a new order of sponsorship by committee chair

Must be careful with substitutes if the bill is already in the other House - there will be merging problems

Question 28

What is the committee Statement that the Committee aide provides?

Answer 28

It is a factual and objective summary in plain language of bill’s provisions and committee changes

It is a record of committee’s action; this statement is not attached to the document it is describing

Question 29

What statement is not attached to the document its describing?

Answer 29

Committee Statement

Question 30

What happens when there is no quorum in the Senate and there is a committee meeting?

Answer 30

• Can’t report to the House; hold Committee report
• Date on committee statement will be committee date; but senate action will be next quorum

Question 31

When can a member not on a committee speak on the committee?

Answer 31

When there is written permission from the presiding officer to the committee chair authorizing that substitution or if they are the prime sponsor of that bill

Question 32

What is a minority statement and who issues it?

Answer 32

• In a committee meeting it is a statement reflecting the opinion of those that didn’t vote in favor of the bill.
• In both the Senate and Assembly, those that did not vote in favor of the bill can issue it.
• Written by partisan staffer

Question 33

Can prime sponsors be added in a committee substitute?

Answer 33

Yes

Question 34

What actions can a committee take on a bill or resolution?

Answer 34

HARRS
- Held
- Amended
- Rejected
- Reported Out (as is)
- Substituted

Question 35

What is waiver?

Answer 35

1. The presiding officer and committee chairperson can “waive” a bill onto a committee agenda.
2. It will not appear on the committee agenda
3. No notice is required
4. No revised agenda needs to be released

Question 36

What happens when a bill is “proposed for introduction”?

Answer 36

• The synopsis, bill number, and sponsors are available on the Legislative tracking system
• The bill text is available, but only in hard copy in the Bill Room
• Changes to the bill can be made without going through the full amendatory process

Question 37

Are committee meetings subject to the Open Public Meetings Act?

Answer 37

No

Committee meetings do not make formal official actions. Committee meetings make recommendations. The Senate and General Assembly are NOT required to accept the committee amendments or substitutions. They can revert the bill back to its original status.

Question 38

What types of legislative gatherings are required to comply with the Open Public Meetings Act?

Answer 38

• Voting Sessions = makes formal official actions
• Legislative Service Commission Meetings = makes formal official actions

OPMA requires 24 hours notice

Question 39

How can a house reject committee amendments or substitutions?

Answer 39

1. One-House Resolution (requires majority vote of the house)
2. Floor Amendment to revert the bill back to its original form
3. Floor Motion to revert back to its original form

*This would be a situation to consult Mason’s Manual.

Question 40

Can legislation change the quorum requirements?

Answer 40

Yes

“The majority of senators are the absolute masters of the occasion.”- State v. Rogers (1894)

Majority of members make the decision and the legislature can essentially change the quorum requirements as long as there is a majority.