1. United States
  2. Calif.
  3. Letter

Senate Minority Rights & Procedural Protections

To: Asm. Kalra, Sen. Cortese, Gov. Newsom

From: A constituent in San Jose, CA

February 4

FOUNDATION FOR THE MINORITY PARTY’S RIGHTS IN THE SENATE (Fall 2009) Senate rules protect the minority’s right to full debate on all measures unless 60+ Senators vote to limit these rights. I. Minority Rights Before Floor Consideration (Usually waived by Unanimous Consent (UC), but any Senator may object.) • New Legislative Day: Triggered by adjournment, not recess, and begins with a 2-hour “morning hour” where Senators can make non-debatable motions to proceed. • One & Two Day Rules: Bills must lie over one legislative day before consideration. If a committee files a written report, it must include cost estimates and be available for two calendar days. Measures not meeting these requirements may be blocked. • “Hard” Quorum Calls: If UC is denied to waive a quorum call, roll must continue. If a quorum is absent, only adjournment or motions to compel attendance are allowed. II. Minority Rights During Consideration (Many are waived by UC.) • Motions to Proceed: Except for Conference Reports and Budget Resolutions, most are fully debatable and require 60 votes for cloture. • Reading Amendments & Conference Reports: Full text must be read unless UC is granted. Any Senator may object. If the Majority Leader offers a full-text substitute amendment, its reading can only be waived by UC. Conference reports must be available in printed form to avoid mandatory reading. • Points of Order: Any Senator may challenge a procedural violation. If the presiding officer rules, the ruling may be appealed and debated. Some points of order, like constitutional challenges, go directly to a Senate vote. Each tabling motion requires two roll call votes, causing delays.

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