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9. Introduction and Reference of Bills. 10. Motions and Resolutions. 11. Special Orders of the Day. 12. Unfinished Business of the Preceding Day. 13. Business on Special File. 14. Business on General File and Third Reading of Bills. 15. Announcements of Committee Meetings. It shall be in order for the Committee on Engrossment and Enrollment to report at any time.
Messages from the Governor and from the Senate may be considered at any time by vote of the House. (Assembly Rules 2, 3 and 4.)
moved that the Senate” do now proceed with the regular order of business.
Motion carried, and such was the order.
PART VIII. CHANGING AND SUSPENDING THE RULES.
DISPENSING WITH JOINT RULES.
No joint rule shall be dispensed with except by vote of two-thirds of each house; and if either house shall violate a joint rule a question of order may be raised in the other house and decided in the same manner as in the case of the violation of the rules of such house; and if it shall be decided that the joint rules have been violated, the bill involving such violation shall be returned to the house in which it originated, without further action. Or, at the option of such house, the President or Speaker may direct the Secretary or Clerk to mark the section or sections in conflict with the rules as nonconcurred in or negatived. (Joint Rule No. 37.)
SUSPENDING AND CHANGING ASSEMBLY RULES. No standing rule or order of the House shall be rescinded or changed without a vote of two-thirds of the members of the Assembly, and one day's notice being given of the motion therefor; provided, that the Committee on Rules may at any time, except during a roll call, report a temporary rule providing for the consideration of any bill on the files of the House belonging to either of the following classes :
1. Bills affecting the state government, its revenue, its various departments or commissions, or appropriations therefor.
2. Bills affecting county and township governments, or roads and highways.
3. Bills affecting town, city, city and county governments, or the municipal affairs of the same.
4. Bills amending election or primary election laws.
Such temporary rule shall provide when a bill so selected shall be taken up for consideration, and the time when final vote shall be taken thereon and pending amendments thereto, if there be any.
It shall always be in order to call up for consideration such report. The same shall be subject to amendments by the House.
On the adoption of such temporary rule by the House by a twothirds vote thereof, if the bill be on third reading, and by a majority vote of the members elected to the House, if otherwise, such bill shall thereupon be made the special order for the time fixed therein.
A rule of order may be suspended temporarily by a vote of twothirds of the members present, except that portion of Rule 7 relating to third reading of bills. A motion or resolution proposing to increase or diminish a standing committee shall not be adopted until the same has been referred to the Committee on Rules.
The Committee on Rules may also, at any time, report a temporary rule or regulation. When such temporary rule or regulation shall have been adopted by a two-thirds vote of the House it shall have the effect, for the time being, of a standing rule, and if such temporary rule shall be in conflict with a standing rule it shall supersede said standing rule for the time being, and shall be enforced by the Speaker. (Assembly Rule No. 66.)
SUSPENDING OR CHANGING SENATE RULES. No standing rules or order of the Senate shall be rescinded or changed without a vote of two-thirds of the entire Senate, and one day's notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members of the Senate, except that portion of Rule 29, relating to the order of enrolling bills. All proposed amendments to these rules shall, upon presentation, be referred to the Committee on Rules without debate. (Senate Rule No. 60.)
SUSPENSION OF RULES. Senatori
asked for and was granted unanimous consent that the rules be suspended for the consideration at this time of the foregoing resolution without reference to committee.?
The question being on the adoption of the resolution.
PART IX. PENALTIES FOR INTERFERING WITH THE
WORK OF THE LEGISLATURE.
PREVENTING THE MEETING OR ORGANIZATION OF EITHER BRANCH
OF THE LEGISLATURE.
Every person who wilfully, and by force or fraud, prevents the Legislature of this State, or either of the houses composing it, or any of the members thereof, from meeting or organizing, is guilty of felony. (Penal Code, sec. 81.)
DISTURBING THE LEGISLATURE WHILE IN SESSION. Every person who wilfully disturbs the Legislature of the State, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a misdemeanor. (Penal Code, sec. 82.)
ALTERING DRAFT OF BILL OR RESOLUTION. Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the Legislature, to be passed or adopted, with intent to (1) procure it to be passed or adopted by either house, or (2) certified by the presiding officer of either house, in language different from that intended by such house, is guilty of felony. (Penal Code, sec. 83.)
ALTERING EN ROLLED COPY OF BILL OR RESOLUTION. Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the Legislature of this State, with the intent to (1) procure it to be approved by the Governor, or (2) certified by the Secretary of State, or printed or published by the printer of the Statutes, in language different from that in which it was passed or adopted by the Legislature, is guilty of felony. (Penal Code, sec. 84.)
GIVING OR OFFERING BRIBES TO MEMBERS OF THE LEGISLATURE.
Every person who gives or offers to give a bribe (1) to any member of the Legislature, or (2) to another person for him, or (3) attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in (a) giving or withholding his vote, or (b) in not attending the house or any committee of which he is a member,
is punishable by imprisonment in the state prison not less than one nor more than ten years. (Penal Code, sec. 85.)
RECEIVING BRIBES BY MEMBERS OF THE LEGISLATURE. Every member of either of the houses composing the Legislature of this State who (1) asks, receives, or agrees to receive any bribe upon any understanding that his official vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity; or (2) gives, or offers, or promises to give any official vote in consideration that another member of the Legislature shall give any such vote, either upon the same or another question, is punishable by (a) imprisonment in the state prison not less than one nor more than fourteen years, and upon conviction thereof shall, (b) in addition to said punishment, forfeit his office, be disfranchised, and forever disqualified from holding any office or public trust. (Penal Code, sec. 86.)
BEFORE THE LEGISLATURE OR COMMITTEES THEREOF. Every person who, being summoned to attend as witness before either house of the Legislature or any committee thereof, refuses or neglects, without lawful excuse, (1) to attend pursuant to such summons; and every person who, being present before either house of the Legislature or any committee thereof, wilfully (2) refuses to be sworn or to answer any material and proper question, or (3) to produce, upon reasonable notice, any material and proper books, papers, or documents in his possession or under his control, is guilty of a misdemeanor. (Penal Code, sec. 87.)
MEMBERS OF THE LEGISLATURE, IN ADDITION TO OTHER PENALTIES,
TO FORFEIT OFFICE AND BE DISQUALIFIED, ETC. Every member of the Legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office and is forever disqualified from holding any office in this State. (Penal Code, sec. 88.)
LOBBYING DEFINED_PUNISHMENT FOR.
Any person who seeks to influence the vote of a member of the Legislature by bribery, promise of reward, intimidation, or any other dishonest means, shall be guilty of lobbying, which is hereby declared a felony; and it shall be the duty of the Legislature to provide, by law, for the punishment of this crime. Any member of the Legislature who shall be influenced in his vote or action upon any matter pending before the Legislature by any reward, or promise of future reward, shall be deemed guilty of a felony, and upon conviction thereof, in addition to such punishment as may be provided by law, shall be disfranchised and forever disqualified from holding any office or public trust. Any person may be compelled to testify in any lawful investigation or judicial proceedings against any person who may be charged with having committed the offense of bribery or corrupt solicitation, or with having been influenced in his vote or action, as a member of the Legislature, by reward, or promise of future reward, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself or subject him to public infamy; but such testimony shall not afterward be used against him in any judicial proceeding, except for perjury in giving such testimony. (Constitution, art. IV, sec. 35.)
LOBBYING, AND PENALTY FOR. Every person who obtains, or seeks to obtain money or other thing of value from another person, upon a pretense, claim, or representation that he can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. Upon the trial no person otherwise competent as a witness shall be excused from testifying as such concerning the offense charged, on the grounds that such testimony may criminate himself, or subject him to public infamy, but such testimony shall not afterwards be used against him in any judicial proceeding except for perjury in giving such testimony: (Penal Code, sec. 89.)