2013 -- S 0378 | |
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LC01774 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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S E N A T E R E S O L U T I O N | |
ADOPTING THE RULES OF THE SENATE | |
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     Introduced By: Senators Lynch, and Goodwin | |
     Date Introduced: February 13, 2013 | |
     Referred To: Senate Rules | |
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     RESOLVED, That the following rules be and the same are hereby adopted as the rules of |
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this Senate for the years 2011 and 2012. |
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     SECTION 1 |
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DEFINITIONS |
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     As used in these rules, the following terms are defined as follows: |
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     1.1 "Bill" shall include any act, resolve, resolution or petition which comes before the |
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senate for consideration. |
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     1.2 "Day" as used in these rules is intended and shall be construed to mean one full |
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legislative day of the same session. |
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     1.3 "Legislative Day" is a period of time which begins when the senate meets after an |
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adjournment and ends when the senate next adjourns. A legislative day is not defined by, or |
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confined to, a calendar day. |
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     1.4 "Public Bill" shall include all bills except: |
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     (i) those which pertain to a particular city or town; |
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     (ii) those which relate to an individual's pension and retirement; |
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     (iii) those which pertain to restoration of corporation charters, and to amendments to |
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authorized holdings by nonprofit organizations of a charitable, civic, library or like nature; |
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     (iv) resolutions memorializing congress, or of congratulations, or expressing sympathy or |
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condolences, and all resolutions requesting the several departments of state government to grant |
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some privilege, consideration or relief. |
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     1.5 "Prime Sponsor" shall be that senator whose signature first appears upon the bill. |
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     1.6 "President Pro Tempore" is a member of the senate elected to that position, who |
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presides over the senate in the absence of the president of the senate. |
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     1.7 "Deputy President Pro Tempore" is a member of the senate appointed by the |
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president of the senate, who may preside over the senate in the absence of the president of the |
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senate and the president pro tempore. |
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     1.8 "Reading Clerk" is the person elected to that position under provisions of section 22- |
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3-2 of the general laws who shall, at the direction of the presiding officer, read to the chamber |
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any communication to the senate, resolution, bill or other document and who shall, at the |
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direction of the presiding officer, except as provided in section 4.4 hereof, date the bills and other |
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documents before the senate, date recording thereon the action taken and/or the disposition |
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thereof. The reading clerk also shall, at the direction of the senate, amend any bill and transmit |
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any bill to the house of representatives and perform such other duties as may from time to time be |
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prescribed by the president of the senate. |
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     1.9 "Secretary of the Senate" is the person elected to that position under provisions of |
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section 22-3-2 of the general laws who shall, at the direction of the presiding officer, record the |
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proceedings of the senate in a journal, signing said journal as secretary of the senate, and who |
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shall, upon their referral, deliver bills and other documents to their respective committees, hold |
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and maintain in good order any bill assigned to the calendar or the consent calendar, and transmit |
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any bill or document to the governor. The secretary of the senate also shall perform those duties |
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prescribed in other sections hereof and those which may from time to time be prescribed by the |
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president of the senate. |
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     1.10 “The Rise of the Senate” occurs upon the conclusion of senate floor business and the |
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exact time varies by the amount of business to be conducted on a particular legislative day. |
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     1.11 “The Senate Chamber” or “Chamber” shall include the floor, the corridor behind |
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the floor, the cloak room and the senate lounge. |
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     1.12 “Calendar Day” is that period of 24 hours between 12:00 a.m. and 12:00 midnight. |
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     1.13 “Vote” or “Majority Vote” as used herein shall mean a majority of members present |
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and voting unless specifically stated otherwise. |
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     SECTION 2 |
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PRESIDING OFFICER |
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     2.1 Presiding Officer. |
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     The president of the senate shall, unless absent from the chamber, be the presiding officer |
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of the sessions of the senate. In the absence of the president from the chair, the president pro |
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tempore shall preside over the senate. The president may appoint a member of the senate to |
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temporarily preside over the senate, but in no event shall such appointment continue beyond the |
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legislative day on which it is made. In case of a vacancy in the offices of president, president pro |
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tempore and the deputy president pro tempore, or in case all said officers are absent at the hour to |
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which the senate stands adjourned, the reading clerk shall call the senate to order, and shall |
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preside until a president pro tempore is elected, which election shall be the first order of business. |
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     2.2 Duties of the Presiding Officer. |
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     The presiding officer shall preserve order and decorum in and about the senate chamber |
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during the senate session in order to prevent interference with the senate's business and |
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deliberations. The presiding officer may speak in preference to the senators, shall decide all |
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questions of order without debate and shall declare all votes. The assignment of bills to |
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committee shall be at the discretion of the president of the senate subject to rule 4.5; provided, |
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however, that the president of the senate may delegate such authority to the majority leader of the |
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senate. |
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     2.3 Appealing the Ruling of Presiding Officer. |
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     Any senator may appeal the ruling of the presiding officer by rising as soon as the ruling |
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is made, even though another has the floor and, without waiting to be recognized by the chair, |
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stating, "I appeal the ruling of the chair," and upon such appeal being seconded, the presiding |
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officer shall immediately and without debate put the question, "Shall the ruling of the chair be |
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sustained?", which question shall be decided by majority vote of the senators present and voting. |
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Once sustained, the ruling shall not be subject to another appeal on the same point. |
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     SECTION 3 |
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ORDER OF BUSINESS ON THE SENATE FLOOR |
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     3.1 Commencement of Daily Session. |
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     The presiding officer shall take the chair at the hour to which the senate shall have |
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adjourned, call the senators to order, and record attendance by electronic roll call. A quorum shall |
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consist of 20 members. Upon late arrival, at any time prior to the adjournment of the senate a |
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senator may report his or her presence to the secretary of the senate who shall record the senator's |
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attendance in the journal. |
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     3.2 Reading the Journal. |
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     The reading clerk of the senate shall, at the commencement of the session of each |
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legislative day, read the proceedings of the previous legislative day, unless such reading is |
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dispensed with by a majority of the senators present and voting. |
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     3.3 Daily Business. |
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     After the reading of the proceedings of the previous legislative day the order of business |
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shall be as follows unless otherwise ordered by the President of the Senate: |
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     (1) Introduction of guests |
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     (2) Communications |
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     (3) Reports of committees |
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     (4) Introduction and reference of new business |
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     (5) Unfinished business |
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     (6) Consideration of house transmittals |
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     (7) Consent calendar |
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     (8) Calendar |
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     (9) Introduction of guests |
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     (10) Personal privilege |
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     (11) Address of important matters |
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     (12) Daily adjournment |
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     3.4 Final Adjournment. |
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     The last order of business of the annual session of the senate shall be the vote in |
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conformity with the resolution of final adjournment or recess which must be carried by a majority |
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vote of the senators present and voting. |
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     3.5 Time for Sessions. |
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     Unless otherwise provided for by agreement of president of the senate, the majority |
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leader and minority leader, sessions of the senate shall convene at 4:00 p.m. All sessions must |
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adjourn at or before 11:00 p.m. |
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     SECTION 4 |
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ACTS AND RESOLUTIONS |
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     4.1 Form of Bills. |
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     Every bill offered which is intended to amend any part or parts of an existing statute, any |
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part or parts intended to be stricken shall be contained in the bill and by appropriate mechanical |
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mark, struck through. All new matter contained in the bill shall be underlined, underscored or |
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printed in italics so that the new matter shall be easily discerned. If the bill contains all new |
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matter constituting a totally new law or a totally new section, and the bill itself so indicates, no |
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underlining, underscoring or italics shall be required. Every bill containing a commission to |
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which appointments shall be made shall be indicated in the title of such bill. |
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     No bill without a body or substantive content shall be introduced at any time, nor shall a |
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substitute bill be accepted which is not consistent with the title and substance of the original bill. |
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     All bills introduced on behalf of any general officer, branch, department or division of |
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state government shall be stamped on the face sheet thereof with the title of the general officer or |
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the name of the branch, department or division on whose behalf the bill is introduced. |
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     A prime sponsor may withdraw a bill or resolution previously introduced at any time |
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prior to its consideration by a committee, upon written request to the secretary of the senate. |
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      Other than the prime sponsor of a bill, a senator may elect in writing to the secretary of |
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the senate to have his/her name disassociated from the bill and the secretary of the senate shall |
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immediately notify the committee clerk to which the bill is assigned. |
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      All bills shall be processed through legislative council. |
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     4.2 Explanation of Bills. |
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     There shall be attached to each bill a brief explanation thereof and the explanation of |
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such bill shall indicate the proposed changes, and/or the statute or existing law which such bill |
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purports to amend. |
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     4.3 Copies of Bills. |
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     Each bill introduced shall be accompanied by not less than eight (8) copies thereof, with |
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said copies delivered by the secretary of the senate to the office of the president of the senate for |
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subsequent distribution as determined by the president of the senate. Nothing in this section shall |
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prevent a senator from obtaining a preliminary draft of legislation for his/her review prior to |
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introduction. |
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     4.4 Prefiling. |
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     A bill or resolution may be filed by delivery to the secretary of the senate at any time |
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from November 15 to the day prior to the commencement of the annual session. The secretary of |
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the senate shall order it printed by legislative council and make said bill or resolution available |
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for first reading on the second legislative day of the succeeding session. |
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     4.5 Filing with Secretary of the Senate. |
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     All senators desiring to introduce a bill shall file the bill with the secretary of the senate |
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not later than the time at which the presiding officer calls the senate to order. The secretary of the |
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senate shall transmit to the office of the president of the senate all bills on the legislative day of |
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their introduction. On the day of introduction, the president shall, upon adjournment, assign bills |
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to committee. The secretary of the senate shall cause all bills introduced to be published in the |
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senate journal for that legislative day. Any senator may object to the committee assignment of |
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any bill on the first or second legislative day following the bill's introduction. Upon objection |
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being made, the presiding officer shall assign the bill to the committee requested by the senator |
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making the objection; provided, however, that if another senator objects to any assignment or |
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proposed assignment of the bill, then the presiding officer shall call for a vote of the senate on |
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any motion for assignment which has been made and seconded, such motion requiring a majority |
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vote of those Senators present and voting for assignment to a particular committee. First reading |
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of all such bills and resolutions shall be by acceptance of the bill and the committee assignment. |
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     4.6 Deadline for Introductions. |
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     No public bill shall be introduced in the senate after February 14, 2013 for the year 2013 |
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and February 13, 2014 for the year 2014, except by consent of a majority of the senators present |
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and voting. Except as otherwise expressly directed by the president of the senate, all requests for |
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the preparation of public bills shall be submitted to the offices of Legislative Council no later than |
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the close of business on the Friday next preceding the bill-introduction deadline set forth herein. |
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     4.7 Omnibus Claims Against the State. |
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      Claims against the state in the amount of one thousand dollars ($1,000) or less shall not |
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be presented in bill or resolution form, but shall be submitted to the clerk of the joint committee |
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on accounts and claims in writing upon a form approved by the chairperson of the joint |
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committee on accounts and claims. Any claims approved by the joint committee shall be |
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submitted in the form of an omnibus bill which will be placed upon the consent calendar. |
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     4.8 Resolutions of Congratulations and Condolences. |
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     Notwithstanding any other provisions of these rules, all resolutions of congratulations or |
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expressing sympathy or condolences except with respect to former and present members of the |
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general assembly, general officers, members of the judiciary and elected state or federal officials, |
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shall be placed on the consent calendar, unless otherwise ordered by the president of the senate. |
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Said resolution of congratulations and condolences shall not require concurrent action; upon |
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passage, shall be forthwith transmitted to the secretary of state, and an appropriate notice of the |
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action of the senate thereon shall be forwarded, as requested in the resolution, by the secretary of |
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state. One formal resolution may include all the expressions of sympathy or congratulations of the |
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several senators. |
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     4.9 Enactment of Laws. |
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     The concurrence of the two houses in the same session shall be necessary for the |
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enactment of all bills except for senate resolutions. |
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     4.10 Electronic Availability of Public Bills--Requirements. |
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     4.10-1 Public Bills. |
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     No public bill shall be considered upon its merits unless it has been electronically |
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available to the members at least two (2) calendar days prior to its consideration on the merits, |
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except any public bill passed by the senate and amended by the house, provided that the amended |
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public bill shall be electronically available to the senators before consideration. |
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     4.10-2 Committee Amendments. |
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     Except by majority vote, no public bill amended in a committee of the senate shall be |
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considered upon the senate floor unless it has been electronically available to the senators. |
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     4.10-3 Materially Altered Bills. |
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     Whenever a committee shall have determined to report a bill which has been materially |
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altered by the committee, the committee chair shall forthwith provide for printing and electronic |
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reproduction of the same. In the event that a bill is not deemed to have been materially altered, |
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which determination shall be made by the committee chair, a bill shall be printed only upon the |
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request of the president of the senate, the majority leader or the minority leader. Nothing in these |
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rules shall preclude the committee chair, with a majority of the committee, to change an act to a |
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resolution or a resolution to an act on a substitute bill. |
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     4.11 Copies of Bills and Voting Records. |
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     The secretary of the senate shall retain in the files of the senate as many copies of each |
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bill as the secretary of the senate deems necessary and the voting records on each question. |
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      4.12 Requests for Funding of Community Service Objectives. |
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      Requests for the funding of community service objectives grants shall not be presented in |
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bill or resolution form, but shall be submitted to the senate fiscal advisor in writing upon a form |
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approved by the chairperson of the senate committee on finance. |
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      4.13 Death of a Member. |
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      In the event that any member or member-elect shall die after filing and before |
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consideration by committee, the death of said member or member-elect shall constitute automatic |
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withdrawal of said bill or resolution and automatic withdrawal of the number of said bill or |
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resolution and said number shall not be used again during the legislative session; provided, |
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however, that where a bill or resolution shall have had more than one sponsor, said bill or |
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resolution and number shall not be withdrawn and the member whose name appears second on |
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said bill or resolution shall become the prime sponsor. |
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      4.14 Limitation on Number of Bills Introduced. |
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      No Senator shall introduce more than twenty-five (25) public bills during the |
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annual session except with the permission of the President of the Senate. |
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     SECTION 5 |
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COMMITTEES |
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     5.1 Standing Committees. |
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     The senate shall have the following standing committees: |
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     Committee on Judiciary |
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     Committee on Finance |
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     Committee on Housing and Municipal Government |
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     Committee on Labor |
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     Committee on Special Legislation and Veterans' Affairs |
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     Committee on Health and Human Services |
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     Committee on Education |
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     Committee on Commerce |
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     Committee on Environment and Agriculture |
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     Committee on Government Oversight |
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     Committee on Rules |
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     5.1-1 Committee on Judiciary. |
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     It shall be the duty of the committee on judiciary to consider the appointments of the |
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governor referred to it by the senate which require the advice and consent of the senate and all |
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legislation and matters which affect the penal code, judicial system, ethics, open meetings, access |
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to public records and election laws of the state, to maintain oversight over the application, |
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execution and operation of the laws within its jurisdiction and to consider such other matters as |
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may be referred to it by the senate. In the matters of judicial appointments and those public |
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hearings designated by the committee chair, all testimony shall be under oath and preserved by |
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stenographic record which shall be transcribed upon the order of the chair. |
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     5.1-2 Committee on Finance. |
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     It shall be the duty of the committee on finance to consider the appointments of the |
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governor referred to it by the senate which require the advice and consent of the senate and all |
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legislation and matters relative to revenue, appropriations and taxes, to inquire into the state of |
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the public debt, to report from time to time its opinion thereon and such propositions relative |
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thereto as it shall deem expedient, to maintain oversight over the application, execution and |
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operation of the laws within its jurisdiction and to consider such other matters as may be referred |
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to it by the senate. The chair of the committee shall be authorized to appoint as many sub- |
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committees as he or she deems necessary, including, but not limited to, a sub-committee on |
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veterans affairs. |
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     5.1-3 Committee on Housing and Municipal Government. |
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     It shall be the duty of the committee on housing and municipal government to consider |
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the appointments of the governor referred to it by the senate which require the advice and consent |
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of the senate and all legislation and matters affecting housing, municipal government, |
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transportation, to maintain oversight over the application, execution and operation of the laws |
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within its jurisdiction and to consider such other matters as may be referred to it by the senate. |
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     5.1-4 Committee on Labor. |
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     It shall be the duty of the committee on labor to consider the appointments of the |
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governor referred to it by the senate which require the advice and consent of the senate and all |
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legislation and matters relating to the workers' compensation and labor laws of the state, to |
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maintain oversight over the application, execution and operation of the laws within its jurisdiction |
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and to consider such other matters as may be referred to it by the senate. |
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     5.1-5 Committee on Special Legislation and Veterans’ Affairs. |
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     It shall be the duty of the committee on special legislation and veterans’ affairs to |
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consider the appointments of the governor referred to it by the senate which require the advice |
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and consent of the senate and all legislation and matters relating to constitutional amendments, |
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liquor laws, gaming issues, license plates, veterans’ affairs, domestic animals, commissions and |
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resolutions, to maintain oversight over the application, execution and operation of the laws within |
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its jurisdiction and to consider such other matters as may be referred to it by the senate. |
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     5.1-6 Committee on Health and Human Services. |
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     It shall be the duty of the committee on health and human services to consider the |
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appointments of the governor referred to it by the senate which require the advice and consent of |
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the senate and to consider all reports of the departments of health, of human services, of mental |
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health, retardation and hospitals, of children and their families, and of elderly affairs; to consider |
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all legislation and matters expanding or defining further areas of responsibility of the foregoing |
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and to consider all legislation and matters relative to public health and welfare; health care and |
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human service access and quality; health and human service professional standards of practice, |
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and facility standards of care; to maintain oversight over the application, execution and operation |
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of the laws within its jurisdiction; and to consider such other matters as may be referred to it by |
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the senate. |
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     5.1-7 Committee on Education. |
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     It shall be the duty of the committee on education to consider the appointments of the |
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governor referred to it by the senate which require the advice and consent of the senate and all |
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legislation and matters relating to student performance, governance, programming, teacher |
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preparation and planning, as well as the work and operation of all state agencies regarding all |
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levels of education, make findings, and recommend policy initiatives and other actions to the |
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general assembly. The commission shall also exercise oversight in relation to the implementation |
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of all legislation and grants of authority relating to all levels of public education in the state by all |
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agencies, state and local, charged and empowered by the general assembly in relating to all levels |
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of public education, to maintain oversight over the application, execution and operation of the |
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laws within its jurisdiction and to consider such other matters as may be referred to it by the |
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senate. |
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     5.1-8 Committee on Commerce. |
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     It shall be the duty of the committee on commerce to consider the appointments of the |
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governor referred to it by the senate which require the advice and consent of the senate and all |
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legislation and matters relating to financial institutions, business regulation, property and casualty |
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insurance, technology and telecommunications, for profit as well as not-for-profit business |
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entities, to maintain oversight over the application, execution and operation of the laws within its |
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jurisdiction and to consider such other matters as may be referred to it by the senate. |
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     5.1-9 Committee on Environment and Agriculture. |
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     It shall be the duty of the committee on environment and agriculture to consider the |
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appointments of the governor referred to it by the senate which require the advice and consent of |
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the senate and all legislation and matters relating to the conservation of the air, land, water, plant, |
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animal, mineral and other natural resources of the state, and to adopt all means necessary and |
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proper by law to protect the natural environment of the people of the state by providing adequate |
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resource planning for the control and regulation of the use of the natural resources of the state and |
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for the preservation, regeneration, and restoration of the natural environment of the state, to |
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maintain oversight over the application, execution and operation of the laws within its jurisdiction |
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and to consider such other matters as may be referred to it by the senate. |
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     5.1-10 Committee on Government Oversight. |
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     It shall be the duty of the committee on government oversight to consider the |
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appointments of the governor referred to it by the senate which require the advice and consent of |
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the senate, and (1) to monitor and evaluate past, current and prospective performance of public |
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bodies and statutory entities, including quasi-public agencies that exercise executive |
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governmental functions (except public bodies and statutory entities of the legislative and judiciary |
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branches of the state) and any other public or private person, including any agencies, |
10-29 |
partnerships, corporation or business entity insofar as such person is acting on behalf of and/or in |
10-30 |
place of any public agency; (2) to consider the organization, reorganization, creation or |
10-31 |
termination of such public bodies, statutory entities, including quasi-public agencies and public or |
10-32 |
private persons; (3) to review and consider the reports of the auditor general; (4) to report its |
10-33 |
opinion and/or recommendation of legislation or action regarding the foregoing matters; (5) to |
10-34 |
consider any bill referred to it by the senate, including, but not limited to any act, resolve, |
11-1 |
resolution or petition; and (6) to consider such other matters that are referred to it by the senate. |
11-2 |
     5.1-11 Committee on Rules. |
11-3 |
     It shall be the duty of the committee on senate rules to consider all matters relating to the |
11-4 |
rules of the senate. |
11-5 |
     5.2 Committee Membership. |
11-6 |
     Each of the standing committees of the senate shall consist of the president of the senate, |
11-7 |
ex officio with voting rights, and the majority and minority leaders of the senate, ex officio, with |
11-8 |
voting rights, and senators appointed by the president of the senate, each to serve until January 6, |
11-9 |
2015. Provided, however, that the president of the senate may change the committee assignment |
11-10 |
of a member with the member's consent; and provided further, however, that each senator other |
11-11 |
than the president and the majority and minority leaders, shall serve as a member of one of the |
11-12 |
following standing committees: committee on housing and municipal government; committee on |
11-13 |
commerce; committee on finance; committee on the judiciary. |
11-14 |
     5.3 Vacancies on Committees. |
11-15 |
     All vacancies occurring in any committee of the senate shall be filled by the president of |
11-16 |
the senate. |
11-17 |
     5.4 Officers of Committees. |
11-18 |
     The president of the senate shall appoint from the membership of each committee a chair, |
11-19 |
vice chair and secretary and such other committee officers as the president of the senate deems |
11-20 |
appropriate. |
11-21 |
     5.5 Select Committees. |
11-22 |
     The senate may, from time to time, by resolution, provide for the establishment of select |
11-23 |
committees upon such subjects as it may deem proper, and upon the adoption of such resolution, |
11-24 |
the president of the senate shall appoint the chair and members thereof, and shall provide for |
11-25 |
minority party representation. Any committee created pursuant to this rule shall be deemed a |
11-26 |
standing committee for all purposes of law, including the applicability of section 22-6-2.1 of the |
11-27 |
general laws. |
11-28 |
     5.6 Referral to Committee. |
11-29 |
     No bill shall be considered or acted upon by the senate unless the same has been |
11-30 |
considered by, reported, or recalled from a committee thereof, or from a joint committee, except |
11-31 |
as otherwise provided in these rules. All acts seeking to vacate the forfeiture of a charter |
11-32 |
previously granted under the laws of this state shall not be referred to committee but rather |
11-33 |
directly assigned to the calendar. |
12-34 |
     5.7 Committees of Conference. |
12-35 |
     There shall be appointed from time to time committees of conference to which are |
12-36 |
referred matters of difference with the house with respect to bills or resolutions. Such committees |
12-37 |
shall be appointed by the speaker and the president of the senate, and shall be comprised of five |
12-38 |
(5) members from the house and five (5) members from the senate. At least one (1) member in |
12-39 |
each chamber shall be a member of the minority party. When possible, one (1) member shall be |
12-40 |
the prime sponsor of the bill or resolution being considered before the committee of conference |
12-41 |
and one (1) member shall be from the committee that shall have considered the bill or resolution. |
12-42 |
The committee may propose any changes within the scope of the bill or resolution, but any action, |
12-43 |
including changes, taken by committee shall be by a majority vote of the members of each |
12-44 |
chamber on the committee. The committee report shall be made to both chambers at the same |
12-45 |
time. Each chamber shall vote to accept or reject the report. A vote by either chamber to accept |
12-46 |
the report of the committee shall be the final action by that chamber on the bill or resolution. If |
12-47 |
both chambers vote to accept the report of the committee, the bill is passed or the resolution |
12-48 |
adopted as of the time the last chamber votes to accept the report. If either chamber rejects the |
12-49 |
report of the committee, the bill or resolution is defeated and the second chamber shall not be |
12-50 |
required to consider the committee report. The report of the committee may be accepted or |
12-51 |
rejected, but it may not be amended. The committee report shall contain the following |
12-52 |
information: the bill number and title, the members of the committee, the action of the committee, |
12-53 |
and the signature of the members of the committee accepting or rejecting the report. |
12-54 |
     The conferees shall confine themselves to the differences which exist within bills or |
12-55 |
resolutions between the house and senate. The presentation of reports of committees of |
12-56 |
conference shall be in order after having been signed by a majority of the members of the |
12-57 |
committee of each chamber. Consideration of a report of a committee of conference by the |
12-58 |
senate shall be in order when it has been made electronically available to all members and listed |
12-59 |
on the calendar for the required period of time according to these rules. |
12-60 |
     SECTION 6 |
12-61 |
PROCEEDINGS IN COMMITTEE |
12-62 |
     6.1 Time for Committee Meetings. |
12-63 |
     The president of the senate, in consultation with the chairs, shall establish regular |
12-64 |
calendar days and times for the meetings of all standing committees. The committee chair may |
12-65 |
call such other meetings as may be required to conduct the business of the committee. |
12-66 |
     6.2 Committee Agenda -- Posting. |
12-67 |
     At least forty-eight (48) hours before any standing committee meeting, a committee |
12-68 |
agenda containing the number, title and a short explanation of the bill to be considered must be |
13-1 |
placed on the bulletin boards provided for such agenda. The rule shall not apply to bills |
13-2 |
previously passed by the senate and amended by the house. There shall be at least two (2) bulletin |
13-3 |
boards for such posting, at least one (1) of which shall be for the public's use and shall be under |
13-4 |
the control of and situated at the main entrance to the state library. There shall also be at least one |
13-5 |
(1) bulletin board for the exclusive use of the senators which shall be situated in a convenient |
13-6 |
location. |
13-7 |
     6.3 Convening of Meeting. |
13-8 |
     The chair of the committee or, in the chair's absence, the vice chair, shall call all regular |
13-9 |
sessions of the committee, set agenda and proceed with the order of business. |
13-10 |
     6.4 Public Participation. |
13-11 |
     6.4-1 Open Meetings. |
13-12 |
     Every standing committee meeting, except executive sessions, shall be open to the public |
13-13 |
during the consideration of all matters coming before it. At such open meetings, persons other |
13-14 |
than members of the committee may testify at the discretion of the committee chair. |
13-15 |
     6.4-2 Executive Sessions. |
13-16 |
     Any standing committee may be called into executive session by the chair or upon |
13-17 |
motion of one of the committee members if the matter under consideration is deemed by the chair |
13-18 |
to comply with those provisions of the "Open Meetings" law (chapter 42-46) which provides for |
13-19 |
closed meetings; provided, however, when the chair of any standing committee calls the |
13-20 |
committee into executive session, the majority of those members present in the executive session |
13-21 |
may vote not to meet in executive session after having heard the reasons for such executive |
13-22 |
session but no other votes shall be permitted in executive sessions. The chair of the committee |
13-23 |
which may be called into executive session shall provide a general description to the public of the |
13-24 |
reason for calling such committee into executive session. |
13-25 |
     6.4-3 Public Hearings. |
13-26 |
     In the discretion of the chair, public hearings may be advertised in newspapers, |
13-27 |
stenographic records kept and hearings held at locations other than the state house. The purpose |
13-28 |
of the public hearing shall be to solicit the comments of the public on the matter being |
13-29 |
considered. At the public hearing all persons shall be permitted to testify; provided, however, the |
13-30 |
committee chair may limit the amount of time allotted to speakers except that the prime sponsor |
13-31 |
shall not have a time limit to speak and shall upon request be the first speaker at the hearing. |
13-32 |
After the public hearing has been held for a reasonable period and if there are still persons |
13-33 |
wishing to speak, the committee chair may continue the hearing until another date. |
14-34 |
     6.5 Hearing and Consideration of Bills. |
14-35 |
     (a) Upon a written request by the prime sponsor of any public bill received by the |
14-36 |
secretary of the senate before the closing of the next legislative day after the deadline for |
14-37 |
introduction as specified in section 4.6 that a committee hearing be held with respect to such bill, |
14-38 |
the committee chair shall schedule a committee hearing within eight (8) legislative days of such |
14-39 |
request unless a later date is agreed to by the prime sponsor. "Received" as used herein shall |
14-40 |
mean receipt in hand by the secretary of the senate or his/her designee. The secretary shall note |
14-41 |
the date and time of receipt on the request and such notation shall be dispositive. On the same |
14-42 |
day, the sponsor shall hand deliver copies of the request to the president of the senate and to the |
14-43 |
committee chair or their designees. The committee shall consider said bill not more than eight (8) |
14-44 |
days after the committee hearing, unless a later date is agreed to by the prime sponsor. If the |
14-45 |
committee does not consider the bill then the committee shall be discharged of its responsibility |
14-46 |
to consider such bill and such bill shall be placed on the senate calendar pursuant to section 7.6 |
14-47 |
hereof. Consideration by a committee shall mean any one of the following actions: |
14-48 |
recommendation of passage, recommendation of passage as amended, transfer to another |
14-49 |
committee, indefinite postponement, hold for further study or defeat of the bill. |
14-50 |
     (b) Provided further, the minority leader may request in writing within twenty-four (24) |
14-51 |
hours after the deadline for introductions specified in section 4.6 a hearing on any senate bill in |
14-52 |
committee. |
14-53 |
     (c) In the event a request is made pursuant to this rule at a time less than sixteen (16) days |
14-54 |
before the deadline for committee consideration set forth in section 6.9, then such request shall |
14-55 |
not be proper and shall be automatically denied. |
14-56 |
     6.6 Quorum. |
14-57 |
     A committee shall not vote upon any bill in the absence of a quorum which shall consist |
14-58 |
of a majority of the committee's members; provided, however, that at the discretion of the chair, |
14-59 |
less than a quorum may conduct any hearing including public hearings. |
14-60 |
     6.7 Minority Representation. |
14-61 |
     When there is no minority member present and the committee is to consider a bill, the |
14-62 |
committee chair shall notify the office of the minority leader that there is no senator from the |
14-63 |
minority present. Unless waived by the minority leader, the committee shall not conduct business |
14-64 |
for a reasonable time not to exceed 15 minutes or until a senator from the minority is present. |
14-65 |
Once a minority member is present, his subsequent absence will not require further notice to the |
14-66 |
minority leader. |
14-67 |
     6.8 Committee Votes. |
15-68 |
     All votes in committee on public bills shall be a recorded roll call vote. The vote upon all |
15-69 |
motions or bills not considered a "public bill" shall, upon the request of any member of the |
15-70 |
committee, be a recorded roll call vote. Otherwise all votes shall be put by yeas and nays. |
15-71 |
Committee chairs shall submit all bills approved by committee to the floor forthwith, with a |
15-72 |
record of the committee vote. |
15-73 |
     6.9 Deadline for Consideration. |
15-74 |
     After April 11, 2013 for the year 2013 and April 10, 2014 for the year 2014, committees |
15-75 |
shall consider only those public bills which have been acted upon and transmitted to the senate by |
15-76 |
the house of representatives; provided, however, that the president of the senate may request a |
15-77 |
senate committee to immediately consider a senate bill then in committee and said bill shall be |
15-78 |
considered by the committee. |
15-79 |
     6.10 Discharge from Committee. |
15-80 |
     No bill shall be taken or called from any such committee, or the committee discharged |
15-81 |
from the consideration thereof, except: |
15-82 |
     (a) Any senator may present a petition, in writing, to discharge a committee from further |
15-83 |
consideration of a bill which has been in the possession of the committee for thirty (30) |
15-84 |
legislative days without having been considered, but only one petition on a particular bill may be |
15-85 |
presented during the course of a session. Prior to presenting the petition, the senator must |
15-86 |
introduce a resolution of intent to discharge such committee. Such resolution of intent shall |
15-87 |
contain the bill number and the committee to be discharged. The presiding officer shall cause the |
15-88 |
resolution of intent to be printed in the journal of the senate. The petition shall be placed in the |
15-89 |
custody of the presiding officer who shall arrange some convenient place for the signatures of the |
15-90 |
senators to be placed thereon in the presence of the reading clerk during the hours in which the |
15-91 |
senate is in session. A signature may be withdrawn by a senator at any time before the petition |
15-92 |
shall become effective. |
15-93 |
     On the first day of each week, there shall be printed in the journal of the senate the |
15-94 |
petitions pending under these rules, together with the signatures thereto; provided, however, that |
15-95 |
as soon as a majority of all the senators elected to the senate shall have affixed their signatures to |
15-96 |
any such petition to discharge a committee under this rule, the presiding officer shall cause notice |
15-97 |
thereof to be given to chair and clerk of the committee to which such bill was referred, and such |
15-98 |
notice shall, thereupon, automatically discharge the committee from further consideration of the |
15-99 |
bill and the bill shall be placed upon the calendar in accordance with section 7.6 hereof. |
15-100 |
     (b) Nothing contained in this section shall be construed to change the deadline for |
15-101 |
consideration as specified in section 6.9. |
16-102 |
     6.11 Compelling Committee Action. |
16-103 |
     If a committee to which a bill has been referred fails to consider such bill within sixteen |
16-104 |
(16) legislative days of its referral, the prime sponsor of such bill, or a majority of the appointed |
16-105 |
members, but not less than four (4) committee members, may, in writing, request the chair of the |
16-106 |
committee, through the presiding officer of the senate, that such bill be considered. The request |
16-107 |
shall be printed in the journal of the senate. The committee shall consider such bill at its first |
16-108 |
meeting held at least two (2) legislative days after such request is made. If the committee does not |
16-109 |
consider the bill within eight (8) legislative days of receipt of the request then the committee shall |
16-110 |
be discharged of its responsibility to consider such bill and such bill shall be placed on the senate |
16-111 |
calendar pursuant to section 7.6 hereof. Consideration by a committee shall be interpreted to |
16-112 |
mean any one of the following actions: recommendation of passage, recommendation of passage |
16-113 |
as amended, transfer to another committee, indefinite postponement, hold for further study or |
16-114 |
defeat of the bill. Nothing contained in this section shall be construed to change the deadline for |
16-115 |
consideration as specified in section 6.9. |
16-116 |
     6.12 Defeat of a Bill. |
16-117 |
     Once a bill is defeated in committee, the same shall not be acted upon or considered |
16-118 |
again during the same legislative year. |
16-119 |
     6.13 Indefinite Postponement. |
16-120 |
     Whenever any bill is postponed indefinitely in committee, the same shall not be acted |
16-121 |
upon or considered again during the same legislative year. |
16-122 |
     6.14 Transfer of Bills. |
16-123 |
     In the event the chair of any standing committee determines that any bill then pending |
16-124 |
before the committee would more properly be pending before another standing committee of the |
16-125 |
senate, the chair shall transfer such bill to such other standing committee as is deemed appropriate |
16-126 |
during the reports of committees. |
16-127 |
     6.15 Committee Records. |
16-128 |
     All recorded votes of committees, all written testimony submitted to a committee, and the |
16-129 |
transcripts of any recorded testimony shall be retained by the clerk of each committee, shall |
16-130 |
constitute public records, and shall be available for inspection to any senator and to any person |
16-131 |
upon request. All committee votes, transcripts and testimony shall be transmitted to the secretary |
16-132 |
of state pursuant to state law and senate policy following final adjournment in even numbered |
16-133 |
years. |
16-134 |
     6.16 Attribution of Bills. |
16-135 |
     Upon presentation of testimony before a committee, the prime sponsor of the bill shall |
16-136 |
provide to the committee the name of any individual, group or organization responsible for the |
17-1 |
substantive basis or text of the bill. |
17-2 |
     SECTION 7 |
17-3 |
PROCEEDINGS ON THE SENATE FLOOR |
17-4 |
     7.1 Right to the Floor. |
17-5 |
     No senator shall address another except through the presiding officer. A senator shall rise |
17-6 |
to put a question, may state it or read a paper sitting. When any senator wishes to speak or to |
17-7 |
deliver any matter to the senate, the senator shall press his or her recognition control and the |
17-8 |
presiding officer shall recognize the senator who so requests recognition and the order of |
17-9 |
recognition shall be determined by the presiding officer. The senator so recognized shall not be |
17-10 |
interrupted while speaking except by a call to order or a motion to suspend section 3.5. The |
17-11 |
senator shall then immediately be seated unless permitted by the senate to proceed, which shall be |
17-12 |
determined upon motion without debate. No senator shall speak more than twice on the same |
17-13 |
question without leave of the senate which shall be determined without debate, nor more than |
17-14 |
once until the other senators who have not spoken shall speak if they so desire, provided, however |
17-15 |
that a senator may yield his or her right to the floor to another senator. |
17-16 |
     7.2 Personal Privilege. |
17-17 |
     Only at the time provided for in section 3.3, a senator may claim the floor to address the |
17-18 |
senate on personal privilege. Personal privilege shall include the right to reply to criticism, or to |
17-19 |
discuss anything clearly derogatory to the member or which reflects upon his or her character that |
17-20 |
appears in the press or other public medium but shall not include the right to discuss favorable |
17-21 |
references to the senator, nor to reply to generalized criticism of the senate which does not refer |
17-22 |
to him or to her specifically, nor to attack another member of the senate personally. Whether a |
17-23 |
member's remarks constitute personal privilege shall be determined by the presiding officer. |
17-24 |
     7.3 Addressing the Senate on Important Matters. |
17-25 |
     Only at the time provided for in section 3.3, a senator may request unanimous consent of |
17-26 |
the senators present to address the senate on a topic or matter of importance to the welfare of the |
17-27 |
state. A senator granted the right to so address the senate may be interrupted at any time by |
17-28 |
another senator who wishes to object to the first senator's right to continue to address the senate |
17-29 |
and upon such objection the first senator's right to address the senate shall terminate. |
17-30 |
     7.4 Objectionable Language. |
17-31 |
     No senator shall use profane, insulting, or abusive language in the course of public debate |
17-32 |
on the senate floor, or in testimony before any committee of the general assembly. |
17-33 |
     7.5 Priority of Business. |
18-34 |
     All questions relating to priority of business to be acted upon shall be decided by the |
18-35 |
presiding officer without debate. |
18-36 |
     7.6 Calendar. |
18-37 |
     There shall be a calendar kept by the secretary of the senate upon which shall be placed |
18-38 |
the bills reported by all committees, and all other matters ordered placed thereon by the senate. |
18-39 |
Matters on the calendar shall be arranged by the secretary of the senate in numerical order by |
18-40 |
committee unless otherwise ordered by the president of the senate in agreement with the majority |
18-41 |
leader and the minority leader. Such calendar shall be electronically available to all members of |
18-42 |
the senate. Except as provided in section 7.13, and during consideration of the calendar, no other |
18-43 |
business shall intervene except to receive a communication from the house or a motion to |
18-44 |
suspend section 3.5. |
18-45 |
     All business on the calendar not disposed of at the time of adjournment shall be first in |
18-46 |
order on the calendar the next day. No matter of business on the calendar shall be considered |
18-47 |
upon its merits unless it has been on such calendar for at least two (2) calendar days; except that |
18-48 |
the president of the senate may order a bill placed on the calendar for more than two (2) calendar |
18-49 |
days; provided, however, a bill passed by the senate and amended by the house of representatives |
18-50 |
may be considered by the senate without being on the calendar for two (2) calendar days if the |
18-51 |
requirements of section 4.10-1 have been met. |
18-52 |
     7.7 Consent Calendar. |
18-53 |
     Notwithstanding the provisions of section 7.6, the secretary of the senate shall also |
18-54 |
maintain a separate calendar, designated as the consent calendar, upon which shall be placed |
18-55 |
resolutions required by Rule 4.8, acts seeking to vacate the forfeiture of a corporate charter and |
18-56 |
such other bills as directed by the president of the senate. Matters on the consent calendar shall be |
18-57 |
in order for disposal on each day and shall include all such matters reported or referred thereto |
18-58 |
from the previous day. Such consent calendar shall be posted in the chamber of the senate. All |
18-59 |
matters on the consent calendar shall be disposed by roll call vote on a single motion except such |
18-60 |
matters as may be objected to by any single senator, which said matter or matters shall be held |
18-61 |
over on the regular calendar for the next legislative day. |
18-62 |
     7.8 Reports of Joint Committees. |
18-63 |
     No bill reported by or forwarded on the recommendation of a joint committee of the two |
18-64 |
houses shall be in order for concurrence by the senate if it shall appear that the members of such |
18-65 |
joint committee on the part of the senate, if in attendance on the general assembly, shall not have |
18-66 |
been notified or present when the subject was acted on by such joint committee. No report shall |
18-67 |
be acted on in the senate from any joint committee unless as subscribed by a senator who is a |
18-68 |
member of said committee. Any report from a joint committee shall be made on the floor of the |
19-1 |
senate by a member of said committee, notwithstanding that said member may not have |
19-2 |
concurred in the report and said report shall be held on the desk unless ordered placed on the |
19-3 |
calendar pursuant to section 7.6 by the president of the senate or by a majority vote of the senate. |
19-4 |
     7.9 Messages from the House. |
19-5 |
     When a message is received from the house of representatives, transmitting any papers, |
19-6 |
the secretary of the senate shall transmit to the office of the president of the senate all house |
19-7 |
transmittals received on that day. The president of the senate shall assign house transmittals to |
19-8 |
committees upon adjournment of the senate. The secretary of the senate shall cause all house |
19-9 |
transmittals to be published in the senate journal for the day such transmittals are received. Any |
19-10 |
senator may object to the committee assignment for any transmittal received during the previous |
19-11 |
legislative day. Upon objection being made, the presiding officer shall assign the transmittal to |
19-12 |
the committee requested by the senator making the objection, provided, however, that if another |
19-13 |
senator objects to any assignment or proposed assignment of the transmittal, then the presiding |
19-14 |
officer shall call for a vote of the senate on any motion for assignment which has been made and |
19-15 |
seconded, such motion requiring a majority vote of those senators present and voting for |
19-16 |
assignment to a particular committee. |
19-17 |
     During the time for consideration of house transmittals, a senator may move for |
19-18 |
immediate consideration of a house transmittal, received by the secretary of the senate on the |
19-19 |
previous legislative day. If there is no objection to the motion, it is deemed to be approved, but if |
19-20 |
there is objection to the motion for immediate consideration, the presiding officer shall submit the |
19-21 |
motion to a vote of the senate, such motion for immediate consideration shall require the votes of |
19-22 |
two-thirds (2/3) of those senators present and voting, for approval. |
19-23 |
     7.10 Amendments. |
19-24 |
     No senator may amend from the floor any bill pending before the senate unless such |
19-25 |
amendment be submitted, electronically or in writing, with sufficient copies signed by the |
19-26 |
proponent, and read to the body; provided, however, that no amendment to the annual budget bill |
19-27 |
making appropriations for the support of the state may be offered, except with the agreement of |
19-28 |
two-thirds (2/3) of the members present, unless copies thereof shall have been filed with the |
19-29 |
secretary of the senate no later than 12:00 o'clock noon on the legislative day preceding the |
19-30 |
legislative day on which the budget bill shall be in order for consideration: provided however that |
19-31 |
with majority consent a senator may make an oral amendment of a technical or minor nature. |
19-32 |
     7.11 Votes in Concurrence. |
19-33 |
     Whenever any bill shall come before the senate for concurrence, and the senate concurs |
19-34 |
without amendments, or fails to concur, the secretary of the senate may announce the concurrence |
20-1 |
or nonconcurrence to the other house, but the original bill received by the senate shall not be |
20-2 |
transmitted to the other house. |
20-3 |
     7.12 Motions. |
20-4 |
     No motion shall be debated until it has been seconded. For the purpose of recorded votes |
20-5 |
only the first second shall be recorded. A motion may be withdrawn by the mover at any time |
20-6 |
before a decision or a motion to amend, except a motion to reconsider, which shall not be |
20-7 |
withdrawn after the time has elapsed within which it could be originally made. |
20-8 |
     7.13 Interruption of Debate. |
20-9 |
     When a question is under debate, no motion shall be received except to suspend section |
20-10 |
3.5, to adjourn, to recommit, for the previous question, to close debate, to fix a time for closing |
20-11 |
debate, to take a recess, to lay on the table, to take from the table, to transmit, to postpone |
20-12 |
indefinitely, to change calendar arrangement, or to amend, and any motion or resolution the |
20-13 |
purpose of which is to take any bill or any other matter from committees of the senate or to |
20-14 |
discharge a committee from the consideration thereof, which several motions shall have |
20-15 |
precedence in the order in which they are here arranged and shall be decided by majority vote |
20-16 |
without debate. |
20-17 |
     7.14 Adjournment. |
20-18 |
     When time for meeting of the senate shall have been previously fixed, a motion to |
20-19 |
adjourn and a motion to suspend section 3.5 shall always be in order. The senate shall not be |
20-20 |
adjourned except by affirmative vote of a majority of the senators present and voting. |
20-21 |
     7.15 Lay on the Table. |
20-22 |
     When an amendment proposed to any pending measure be laid on the table, it shall not |
20-23 |
carry with it, or prejudice such measure. |
20-24 |
     7.16 Dividing Questions. |
20-25 |
     A question that is susceptible of division shall, at the request of the majority, be divided |
20-26 |
and put separately upon the propositions of which it is compounded. |
20-27 |
     7.17 Non-Germane Amendments. |
20-28 |
     No motion or proposition of a subject different from that under consideration shall be |
20-29 |
admitted under color of amendment. |
20-30 |
     7.18 Motion for Reconsideration. |
20-31 |
     A senator on the prevailing side of any vote may, on the same legislative day, move to |
20-32 |
reconsider the vote on the same or following legislative day. When a bill has been reconsidered it |
20-33 |
shall not be reconsidered again during the session. Bills and other papers in reference to which a |
20-34 |
motion to reconsider is pending shall, unless otherwise ordered, remain in the possession of the |
21-1 |
secretary of the senate until the right of reconsideration has expired. The privilege to reconsider |
21-2 |
granted by this rule may be suspended by a majority vote of the senators present and voting. |
21-3 |
     7.19 Printed Material. |
21-4 |
     If the reading of any printed or written paper be objected to, the matter shall be |
21-5 |
determined by a majority vote of the senate without debate. |
21-6 |
     7.20 Recommittal. |
21-7 |
     No motion to recommit shall be entertained by the presiding officer as to any bill which |
21-8 |
is placed on the calendar as the result of section 6.10 until every senator desiring to be heard has |
21-9 |
been recognized, notwithstanding the provisions of section 7.13. |
21-10 |
     7.21 Immediate Consideration. |
21-11 |
     During the time for introduction and reference of new business, as provided in section |
21-12 |
3.3, a senator may introduce a bill and move for immediate consideration of the bill at that time. |
21-13 |
If there is no objection to the motion, for immediate consideration it is deemed to be approved, |
21-14 |
but if there is objection to the motion for immediate consideration, the presiding officer shall |
21-15 |
submit the motion to a vote of the senate; such motion for immediate consideration shall require |
21-16 |
the votes of two-thirds (2/3) of those senators present and voting, for approval. If the bill is not |
21-17 |
available electronically to all members of the senate at the time of the request for immediate |
21-18 |
consideration, then a hard copy of the bill shall be made available to any senator upon request. |
21-19 |
     7.22 Questions During Debate. |
21-20 |
     A senator, while speaking after recognition by the chair, may, upon request of a senator, |
21-21 |
yield to him or her temporarily without thereby relinquishing his or her prior right to the floor |
21-22 |
and, thereafter, may terminate such interruption and resume speaking at any time; provided, |
21-23 |
however, that it shall not be in order for a senator to rise and request that a senator, other than the |
21-24 |
one with the right to the floor, yield to a question. Furthermore, it shall not be in order for a |
21-25 |
senator, with the right to the floor, to ask another senator to yield to a question, unless such |
21-26 |
senator has previously spoken during the debate on the matter. All questions and responses shall |
21-27 |
be directed through the chair and the presiding officer shall not be interrupted when speaking. |
21-28 |
     SECTION 8 |
21-29 |
VOTING ON THE SENATE FLOOR |
21-30 |
     8.1 Method of Voting. |
21-31 |
     The electronic roll of the senate shall be called upon any vote pertaining to a public bill |
21-32 |
and for passage of the consent calendar and on any other vote at the request of any senator |
21-33 |
present; otherwise, votes shall be put by yeas and nays. In naming sums or numbers, and fixing |
21-34 |
times, the largest sum or longest time shall be put first. |
22-1 |
     8.2 Voting Machine Inoperative. |
22-2 |
     In the event the machine is not to be used to record a vote or is not operating properly, all |
22-3 |
votes and other determinations may be taken as required by senate rules, either by voice vote, |
22-4 |
division vote or by calling the roll alphabetically and recording the yeas and nays. If a senator's |
22-5 |
voting device is out of order, the senator shall rise and announce it to the presiding officer and |
22-6 |
cast his or her vote orally prior to the declaration of the result of the vote. |
22-7 |
     8.3 Who May Vote. |
22-8 |
     Any member who is present on the senate floor must vote. Any senator who is not on the |
22-9 |
floor at such time, but who returns before the machine is locked, shall be permitted to vote. |
22-10 |
Without objection or with a majority vote, a senator may be permitted to cast a vote after the |
22-11 |
results have been announced, provided however such request shall be made on the same calendar |
22-12 |
day and, only if the vote if so permitted, will not change the result previously announced. |
22-13 |
     8.4 Control of Electronic Voting System. |
22-14 |
     The electronic voting system shall be under the control of the presiding officer and shall |
22-15 |
be operated by such personnel as the president of the senate so designates. |
22-16 |
     8.5 Conducting a Vote. |
22-17 |
     At a reasonable time prior to any vote being taken, the presiding officer shall announce |
22-18 |
that a vote is about to be taken. When any senator other than the president of the senate is |
22-19 |
presiding, such senator may direct either the Secretary of the Senate or the reading clerk to cast |
22-20 |
his or her vote at his or her voting station, but at no other time may a senator designate any other |
22-21 |
person to cast his or her vote. Until the completion of the voting, no senator shall be recognized, |
22-22 |
and no other business shall be transacted. When sufficient time has elapsed for each senator to |
22-23 |
vote prior to locking the machine, the presiding officer shall ask if any member present desires to |
22-24 |
vote or change his or her vote. The presiding officer shall then order the machine locked and |
22-25 |
activate the recording process. The voting machine shall remain locked between all votes. |
22-26 |
     8.6 Announcing the Tally. |
22-27 |
     When the vote is completely recorded, the Secretary of the Senate shall advise the |
22-28 |
presiding officer of the result; and the presiding officer shall announce the result to the senate and |
22-29 |
the result shall be recorded in the journal. |
22-30 |
     8.7 Changing a Vote. |
22-31 |
     No vote may be changed after the system has been locked and the vote recorded except |
22-32 |
that, after a vote has been recorded, any senator may, by a majority vote of the senate, be |
22-33 |
permitted to change his or her vote, provided that such change be effected on the same calendar |
22-34 |
day as his or her original vote. |
23-1 |
     8.8 Recording Votes. |
23-2 |
     8.8-1 On any recorded vote, no senator shall be recorded as having voted unless he or she |
23-3 |
     has been recorded or recognized as being present prior to the conduct of said vote. |
23-4 |
     8.8-2 Upon request, on any non-recorded vote, any senator shall have his or her vote |
23-5 |
recorded so that it shall appear in the journal of the senate. |
23-6 |
     8.9 Voting for Another. |
23-7 |
     No senator may vote for another senator; nor may any person cast a vote for a senator, |
23-8 |
except as otherwise provided in section 8.5. A senator who voted for another senator may be |
23-9 |
punished in a manner the senate determines. A person voting for a senator, when not authorized |
23-10 |
by section 8.5, is barred from the floor of the senate and may be further punished as the senate |
23-11 |
determines. |
23-12 |
     8.10 Explanation of Vote. |
23-13 |
     No explanation of any vote will be permitted during the voting or after a vote has been |
23-14 |
cast. |
23-15 |
     8.11 Statement of the Question. |
23-16 |
     After the question has been put, but before the system is locked, any senator may call for |
23-17 |
a statement of the question. |
23-18 |
     8.12 No Interruption. |
23-19 |
     While the presiding officer is putting the question, or the vote is being recorded, no |
23-20 |
senator shall speak or leave his or her place. |
23-21 |
     SECTION 9 |
23-22 |
PROCEEDINGS ON NOMINATIONS |
23-23 |
     9.1 Scope. |
23-24 |
     The senate’s exercise of its constitutional obligation to give advice and consent to |
23-25 |
executive appointees shall be governed solely and exclusively by these rules. |
23-26 |
     9.2 Delivery. |
23-27 |
     Nominations shall be delivered to the Secretary of the Senate, or his designee, at the |
23-28 |
Office of the Secretary for presentation to the Senate. |
23-29 |
     9.3 Presentation to the Senate. |
23-30 |
     When a nomination shall be presented to the Senate for advice and consent, it shall, |
23-31 |
unless otherwise ordered, be referred to the appropriate committee or committees and a copy of |
23-32 |
the nomination shall be delivered to the senator within whose district the nominee resides. Except |
23-33 |
as set forth herein, nominations shall follow the same course and be subject to the same |
23-34 |
procedures as bills introduced pursuant to Rules of the Senate. |
24-1 |
     9.4 Questions Presented. |
24-2 |
     The final question on every nomination shall be, "Will the Senate advise and consent to |
24-3 |
this nomination?" which question shall not be put on the same legislative day on which the |
24-4 |
nomination is received, nor on the legislative day on which it may be reported by a committee. |
24-5 |
Provided, however, that this provision may be waived by vote of a majority of the Senate. |
24-6 |
     9.5 Effect of Non-action. |
24-7 |
     Nominations neither confirmed nor rejected during the annual session at which they are |
24-8 |
made shall not be acted upon at any succeeding session unless renewed by the appointing |
24-9 |
authority; and if the Senate shall adjourn or be in recess for a period in excess of thirty (30) days, |
24-10 |
all nominations pending and not finally acted upon at the time of such adjournment or recess shall |
24-11 |
be returned by the Secretary of the Senate to the appointing authority, and shall not again be |
24-12 |
considered unless they shall again be made and delivered to the Senate by the appointing |
24-13 |
authority. |
24-14 |
     9.6 Withdrawal of Nominations. |
24-15 |
     Nominations may be withdrawn by the appointing authority at any time prior to final |
24-16 |
action thereon by the Senate. |
24-17 |
     SECTION 10 |
24-18 |
MISCELLANEOUS |
24-19 |
     10.1 Legislative Aides. |
24-20 |
     The president of the senate may appoint and prescribe the duties and terms of a |
24-21 |
parliamentarian and one head page and as many assistant pages, doorkeepers and legislative aides |
24-22 |
as the president of the senate shall deem necessary; and any or all of them may be removed at the |
24-23 |
pleasure of the president of the senate. |
24-24 |
     10.2 Absence of a Quorum. |
24-25 |
     When there shall be seven (7) or more senators, but less than a quorum of the senate |
24-26 |
present, a majority of the senators present may direct the presiding officer to compel the |
24-27 |
attendance of absent senators in accordance with law. |
24-28 |
     10.3 Amendment and Suspension of Rules. |
24-29 |
     No rule shall be repealed, suspended or amended, or the operation thereof temporarily |
24-30 |
suspended except by two-thirds (2/3) of the members present and voting. |
24-31 |
     10.4 Access to the Senate Chamber. |
24-32 |
     10.4-1 Access During Senate Session. |
24-33 |
     Ten minutes prior to the time the senate is scheduled to convene, the secretary of the |
24-34 |
senate shall clear the senate chamber of all persons other than members of the general assembly, |
25-1 |
general assembly staff, guests of a senator, and authorized representatives of the news media. |
25-2 |
From this time to the adjournment or recess of said session no persons other than those listed |
25-3 |
above shall be admitted to the senate chamber except with permission from the senate president. |
25-4 |
     10.4-2 Senators' Seats. |
25-5 |
     The seat of each senator shall be assigned by the president of the senate, and in no event |
25-6 |
shall any other person be permitted to occupy such assigned seat. |
25-7 |
     10.4-3 Sheriff's Duties. |
25-8 |
     It shall be the duty of the sheriff, or the sheriff's deputies in attendance in the senate, or in |
25-9 |
their absence, a member of the capitol police department, to see that rules 10.4-1, 10.4-2, 10.4-3, |
25-10 |
10.4-4 and 10.4-9 are enforced, and that all senate entrances and exits are kept completely clear |
25-11 |
and open to passage to and from the chamber. |
25-12 |
     10.4-4 Gallery. |
25-13 |
     When the normal seating accommodations for visitors in the gallery have been filled, no |
25-14 |
additional seats shall be installed, and no persons shall be thereafter admitted to the gallery of the |
25-15 |
senate while in session except to fill vacancies. |
25-16 |
     10.5 Confidentiality of Drafting. |
25-17 |
     At the request of any senator or senate attorney to the director of the legislative council, |
25-18 |
an entry into the word processing system may be made confidential so that the entry shall be |
25-19 |
accessible only to the senator or senate attorney making such request or his or her designee. An |
25-20 |
entry may be a bill, letter, memorandum or any other document. |
25-21 |
     10.6 Misuse of Rules. |
25-22 |
     If it appears that the rules are being used as a tactic to impede senate business, the |
25-23 |
presiding officer may make a decision to that effect and put the matter before the senate and a |
25-24 |
majority vote of the senators present shall sustain with finality the ruling of the presiding officer. |
25-25 |
     10.7 Extraordinary and Special Session. |
25-26 |
     In the event of the calling of an extraordinary session of the general assembly by the |
25-27 |
governor, or a reconvened session by the speaker of the house and the president of the senate, |
25-28 |
said session shall be conducted pursuant to these rules; provided, however, that rules 4.10-1, 6.2, |
25-29 |
7.6 and 7.8 are not applicable to any such session; and, provided further, that any bill, act or |
25-30 |
resolution for consideration of which the session is called shall have been provided to the |
25-31 |
members at least twenty-four (24) hours prior to the consideration of the senate. |
25-32 |
     10.8 Robert's Rules. |
25-33 |
     Robert's Rules of Order shall govern procedure on the senate floor and in the committees |
25-34 |
of the senate in all cases in which they are not inconsistent with these rules or with any joint rules |
26-1 |
of the senate and house. |
26-2 |
     10.9 Use of Facilities. |
26-3 |
     The senate locker room, lounge and corridor adjacent to them shall be for the exclusive |
26-4 |
use of the senators and their guests. |
26-5 |
     10.10 Decorum. |
26-6 |
     No senator shall use profane, insulting or abusive language or act in any manner that |
26-7 |
interferes with the orderly conduct of the session of the senate. |
26-8 |
     10.11 Smoking Prohibited. |
26-9 |
     Smoking shall be prohibited in all senate areas including, but not limited to: the chamber, |
26-10 |
gallery, lounge, committee rooms, offices, restrooms or hallways. The presiding officer shall |
26-11 |
enforce this rule. |
26-12 |
     10.12 Consumption of Food and Alcoholic Beverages. |
26-13 |
     The consumption of food and alcoholic beverages shall be prohibited on the senate floor. |
26-14 |
Except at the specific request of a member, all beverages consumed on the floor shall be in paper |
26-15 |
or plastic cups. |
26-16 |
     10.13 Appropriate Attire Required. |
26-17 |
     All persons on the floor of the senate while the senate is in session shall be properly |
26-18 |
dressed, and the presiding officer shall enforce this rule by appropriate means. |
26-19 |
     10.14 Electronic Devices. |
26-20 |
     During sessions cell phones shall not be used on the floor of the senate or in committee |
26-21 |
hearing rooms when committee meetings are in session. Further, pagers may be used only on the |
26-22 |
silent/vibrate mode. |
26-23 |
     10.15 Photographic Equipment. |
26-24 |
     During sessions, photographic equipment shall not be used on the floor of the senate or in |
26-25 |
committee hearing rooms when committee meetings are in session unless he or she has the |
26-26 |
permission of the president of the senate or the senate committee chair. This section shall not |
26-27 |
apply to properly credentialed representatives of the news media. |
26-28 |
     10.16 Display of Posters, Signs, and Banners on the Floor. |
26-29 |
     No placard, sign, poster, banner, chart or other visual aid of similar nature shall be |
26-30 |
displayed on the floor of the Senate or used in debate at any time when the Senate is in session |
26-31 |
without the consent of the presiding officer. Any decision of the presiding officer under this rule |
26-32 |
may be appealed to the body. |
26-33 |
     10.17 Display of Posters, Signs, and Banners Prohibited in the Gallery. |
27-34 |
     No placard, sign, poster, banner, chart or visual aid of similar nature shall be displayed in |
27-35 |
the gallery at any time when the Senate is in session. The presiding officer shall order any such |
27-36 |
object so displayed to be removed. |
27-37 |
     10.18 Official Notice. |
27-38 |
     Except as otherwise provided in these rules, notice to a member transmitted from the |
27-39 |
Office of the President through the RILIN system to the RILIN address assigned to the member |
27-40 |
shall constitute official written notice to the member as of the date and time of the transmission. It |
27-41 |
is the responsibility of the members to monitor their RILIN address on a regular basis, or to have |
27-42 |
RILIN messages forwarded to an address which is monitored on a regular basis. Alternatively, a |
27-43 |
member may elect to receive such notice directly at an email address other than the member's |
27-44 |
RILIN address by executing a form available in the Office of the President. Once designated, |
27-45 |
transmissions to the alternate email address shall constitute written notice to the member as of the |
27-46 |
date and time of the transmission and will continue to be such until the Office of the President is |
27-47 |
notified of a different address. |
27-48 |
     SECTION 11 |
27-49 |
TRANSPARENCY |
27-50 |
     11.1 Policy. |
27-51 |
     It is declared to be the policy of the senate that to the maximum extent possible senate |
27-52 |
votes on public bills and proceedings on the floor and in committee shall be recorded, or video |
27-53 |
screened and published on the general assembly website and/or broadcast on capitol television. |
27-54 |
     11.2 Publication of Committee Votes. |
27-55 |
     To the extent possible, committee votes shall be published on the general assembly |
27-56 |
website prior to the floor vote on the bill; provided however, that failure of a committee vote to |
27-57 |
appear on the website prior to the floor vote shall not be grounds for objection to consideration of |
27-58 |
the bill on the floor. |
27-59 |
     11.3 Televising or Otherwise Recording Committee Hearing. |
27-60 |
     To the extent possible, committee hearings shall be video recorded and broadcast to the |
27-61 |
public on capitol television. |
27-62 |
     11.4 Publication of Votes. |
27-63 |
     All votes on public bills recorded electronically or by roll call shall be placed forthwith |
27-64 |
on the general assembly website. |
27-65 |
     11.5 Publication of the Senate Rules. |
27-66 |
     The senate rules together with an index thereof shall be published on the general |
27-67 |
assembly website. |
28-68 |
     11.6 Authorization and Direction. |
28-69 |
     The president of the senate and the senate staff are authorized and directed to take such |
28-70 |
reasonable and prudent action as may be necessary to carry out the policies and directives set |
28-71 |
forth in this section. |
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LC01774 | |
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