2017 -- S 0531 SUBSTITUTE A | |
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LC002089/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2017 | |
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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 FOR YEARS 2017-2018 | |
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Introduced By: Senator Erin P. Lynch Prata | |
Date Introduced: March 07, 2017 | |
Referred To: Senate Rules | |
1 | RESOLVED, That the following rules be and the same are hereby adopted as the rules of |
2 | the Senate for the years 2017-2018. |
3 | SECTION 1. |
4 | DEFINITIONS |
5 | As used in these rules, the following terms are defined as follows: |
6 | 1.1 "Bill" shall include any act, resolve, resolution or petition which comes before the |
7 | senate for consideration. |
8 | 1.2 "Day" as used in these rules is intended and shall be construed to mean one full |
9 | legislative day of the same session. |
10 | 1.3 "Legislative Day" is a period of time which begins when the senate meets after an |
11 | adjournment and ends when the senate next adjourns. A legislative day is not defined by, or |
12 | confined to, a calendar day. |
13 | 1.4 "Public Bill" shall include all bills except: those which pertain to a particular city or |
14 | town; those which relate to an individual's pension and retirement; those which pertain to |
15 | restoration of corporation charters, and to amendments to authorized holdings by nonprofit |
16 | organizations of a charitable, civic, library or like nature; resolutions memorializing congress, or |
17 | of congratulations, or expressing sympathy or condolences, and all resolutions requesting the |
18 | several departments of state government to grant some privilege, consideration or relief. |
19 | 1.5 "Prime Sponsor" shall be that senator whose signature first appears upon the bill. |
20 | 1.6 "President Pro Tempore" is a member of the senate elected to that position, who |
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1 | presides over the senate in the absence of the president of the senate. |
2 | 1.7 "Deputy President Pro Tempore" is a member of the senate appointed by the |
3 | president of the senate, who may preside over the senate in the absence of the president of the |
4 | senate and the president pro tempore. |
5 | 1.8 "Reading Clerk" is the person elected to that position under provisions of section |
6 | 22-3-2 of the general laws who shall, at the direction of the presiding officer, read to the chamber |
7 | any communication to the senate, resolution, bill or other document and who shall, at the |
8 | direction of the presiding officer, except as provided in section 4.4 hereof, date the bills and other |
9 | documents before the senate, date recording thereon the action taken and/or the disposition |
10 | thereof. The reading clerk also shall, at the direction of the senate, amend any bill and transmit |
11 | any bill to the house of representatives and perform such other duties as may from time to time be |
12 | prescribed by the president of the senate. |
13 | 1.9 "Secretary of the Senate" is the person elected to that position under provisions of |
14 | section 22-3-2 of the general laws who shall, at the direction of the presiding officer, record the |
15 | proceedings of the senate in a journal, signing said journal as secretary of the senate, and who |
16 | shall, upon their referral, deliver bills and other documents to their respective committees, hold |
17 | and maintain in good order any bill assigned to the calendar or the consent calendar, and transmit |
18 | any bill or document to the governor. The secretary of the senate also shall perform those duties |
19 | prescribed in other sections hereof and those which may from time to time be prescribed by the |
20 | president of the senate. |
21 | 1.10 “The Rise of the Senate” occurs upon the conclusion of senate floor business and |
22 | the exact time varies by the amount of business to be conducted on a particular legislative day. |
23 | 1.11 “The Senate Chamber” or “Chamber” shall include the floor, the corridor behind |
24 | the floor, the cloak room and the senate lounge. |
25 | 1.12 “Calendar Day” is that period of 24 hours between 12:00 a.m. and 12:00 midnight. |
26 | 1.13 “Vote” or “Majority Vote” as used herein shall mean a majority of members |
27 | present and voting unless specifically stated otherwise. |
28 | SECTION 2. |
29 | PRESIDING OFFICER |
30 | 2.1 Presiding Officer. |
31 | The president of the senate shall, unless absent from the chamber, be the presiding officer |
32 | of the sessions of the senate. In the absence of the president from the chair, the president pro |
33 | tempore shall preside over the senate. The president may appoint a member of the senate to |
34 | temporarily preside over the senate, but in no event shall such appointment continue beyond the |
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1 | legislative day on which it is made. In case of a vacancy in the offices of president, president pro |
2 | tempore and the deputy president pro tempore, or in case all said officers are absent at the hour to |
3 | which the senate stands adjourned, the reading clerk shall call the senate to order, and shall |
4 | preside until a president pro tempore is elected, which election shall be the first order of business. |
5 | 2.2 Duties of the Presiding Officer. |
6 | The presiding officer shall preserve order and decorum in and about the senate chamber |
7 | during the senate session in order to prevent interference with the senate's business and |
8 | deliberations. The presiding officer may speak in preference to the senators, shall decide all |
9 | questions of order without debate and shall declare all votes. The assignment of bills to |
10 | committee shall be at the discretion of the president of the senate subject to rule 4.5 section 4.4; |
11 | provided, however, that the president of the senate may delegate such authority to the majority |
12 | leader of the senate. |
13 | 2.3 Appealing the Ruling of Presiding Officer. |
14 | Any senator may appeal the ruling of the presiding officer by rising as soon as the ruling |
15 | is made, even though another has the floor and, without waiting to be recognized by the chair, |
16 | stating, "I appeal the ruling of the chair," and upon such appeal being seconded, the presiding |
17 | officer shall immediately and without debate put the question, "Shall the ruling of the chair be |
18 | sustained?", which question shall be decided by majority vote of the senators present and voting. |
19 | Once sustained, the ruling shall not be subject to another appeal on the same point. |
20 | SECTION 3. |
21 | ORDER OF BUSINESS ON THE SENATE FLOOR |
22 | 3.1 Commencement of Daily Session. |
23 | The presiding officer shall take the chair at the hour to which the senate shall have |
24 | adjourned convened, call the senators to order, and record attendance by electronic roll call. A |
25 | quorum shall consist of 20 members. Upon late arrival, at any time prior to the adjournment of |
26 | the senate, a senator may report his or her presence to the secretary of the senate who shall record |
27 | the senator's attendance in the journal. |
28 | 3.2 Reading the Journal. |
29 | The reading clerk of the senate shall, at the commencement of the session of each |
30 | legislative day, read the proceedings of the previous legislative day, unless such reading is |
31 | dispensed with by a majority of the senators present and voting. |
32 | 3.3 Daily Business. |
33 | After the reading of the proceedings of the previous legislative day the order of business |
34 | shall be as follows unless otherwise ordered by the President of the Senate: |
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1 | (1) Introduction of guests |
2 | (2) Communications |
3 | (3) Reports of committees |
4 | (4) Introduction and reference of new business |
5 | (5) Unfinished business |
6 | (6) Consideration of house transmittals |
7 | (7) Consent calendar |
8 | (8) Calendar |
9 | (9) Introduction of guests |
10 | (10) Personal privilege |
11 | (11) Address of important matters |
12 | (12) Daily adjournment |
13 | 3.4 Final Adjournment. |
14 | The last order of business of the annual session of the senate shall be the vote in |
15 | conformity with the resolution of final adjournment or recess which must be carried by a majority |
16 | vote of the senators present and voting. |
17 | 3.5 Time for Sessions. |
18 | Unless otherwise provided for by agreement of president of the senate, the majority |
19 | leader and minority leader, sessions of the senate shall convene at 4:00 p.m. All sessions must |
20 | adjourn at or before 11:00 p.m. |
21 | SECTION 4. |
22 | ACTS AND RESOLUTIONS |
23 | 4.1 Form of Bills. |
24 | Every bill offered which is intended to amend any part or parts of an existing statute, any |
25 | part or parts intended to be stricken shall be contained in the bill and by appropriate mechanical |
26 | mark, struck through. All new matter contained in the bill shall be underlined, underscored or |
27 | printed in italics so that the new matter shall be easily discerned. If the bill contains all new |
28 | matter constituting a totally new law or a totally new section, and the bill itself so indicates, no |
29 | underlining, underscoring or italics shall be required. Every bill containing a commission to |
30 | which appointments shall be made shall be indicated in the title of such bill. |
31 | No bill without a body or substantive content shall be introduced at any time, nor shall a |
32 | substitute bill be accepted which is not consistent with the title and substance of the original bill. |
33 | All bills introduced on behalf of any general officer, branch, department or division of |
34 | state government shall state on the face sheet thereof with the title of the general officer or the |
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1 | name of the branch, department or division on whose behalf the bill is introduced. |
2 | A prime sponsor may withdraw a bill or resolution previously introduced at any time |
3 | prior to its consideration by a committee, upon written request to the secretary of the senate. |
4 | Other than the prime sponsor of a bill, a senator may elect in writing to the secretary of |
5 | the senate to have his/her his or her name disassociated from the bill and the secretary of the |
6 | senate shall immediately notify the committee clerk to which the bill is assigned. |
7 | All bills shall be processed through legislative council. |
8 | 4.2 Explanation of Bills. |
9 | There shall be attached to each bill a brief explanation thereof and the explanation of |
10 | such bill shall indicate the proposed changes, and/or the statute or existing law which such bill |
11 | purports to amend. |
12 | 4.3 Copies of Bills. |
13 | Each bill introduced shall be accompanied by not less than eight (8) copies thereof, with |
14 | said copies delivered by the secretary of the senate to the office of the president of the senate for |
15 | subsequent distribution as determined by the president of the senate. Nothing in this section shall |
16 | prevent a senator from obtaining a preliminary draft of legislation for his/her his or her review |
17 | prior to introduction. |
18 | 4.4 Prefiling |
19 | A bill or resolution may be filed by delivery to the secretary of the senate at any time |
20 | from November 15 to the day prior to the commencement of the annual session. The secretary of |
21 | the senate shall order it printed by Legislative Council and make said bill or resolution available |
22 | for first reading on the second legislative day of the succeeding session. |
23 | 4.5 4.4 Filing with Secretary of the Senate |
24 | All senators desiring to introduce a bill shall file the bill with the secretary of the senate |
25 | not later than the time at which the presiding officer calls the senate to order. The secretary of the |
26 | senate shall transmit to the office of the president of the senate all bills on the legislative day of |
27 | their introduction. On the day of introduction, the president shall, upon adjournment, assign bills |
28 | to committee. The secretary of the senate shall cause all bills introduced to be published in the |
29 | senate journal for that legislative day. Any senator may object to the committee assignment of |
30 | any bill on the first or second legislative day following the bill's introduction. Upon objection |
31 | being made, the presiding officer shall assign the bill to the committee requested by the senator |
32 | making the objection; provided, however, that if another senator objects to any assignment or |
33 | proposed assignment of the bill, then the presiding officer shall call for a vote of the senate on |
34 | any motion for assignment which has been made and seconded, such motion requiring a majority |
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1 | vote of those Senators present and voting for assignment to a particular committee. First reading |
2 | of all such bills and resolutions shall be by acceptance of the bill and the committee assignment. |
3 | 4.6 4.5 Deadline for Introductions. |
4 | No public bill shall be introduced in the senate after Thursday, February 12, 2015 for the |
5 | year 2015 and February 11, 2016 the second Thursday in February of each session, except with |
6 | the consent of the President of the Senate. Except as otherwise expressly directed by the president |
7 | of the senate, all requests for the preparation of public bills shall be submitted to the offices of |
8 | Legislative Council no later than the close of business on the Friday next preceding the bill- |
9 | introduction deadline set forth herein. |
10 | 4.7 4.6 Omnibus Claims Against the State. |
11 | Claims against the state in the amount of one thousand dollars ($1,000) or less shall not |
12 | be presented in bill or resolution form, but shall be submitted to the clerk of the joint committee |
13 | on accounts and claims in writing upon a form approved by the chairperson of the joint |
14 | committee on accounts and claims. Any claims approved by the joint committee shall be |
15 | submitted in the form of an omnibus bill which will be placed upon the consent calendar. |
16 | 4.8 4.7 Resolutions of Congratulations and Condolences. |
17 | Notwithstanding any other provisions of these rules, all resolutions of congratulations or |
18 | expressing sympathy or condolences except with respect to former and present members of the |
19 | general assembly, general officers, members of the judiciary and elected state or federal officials, |
20 | shall be placed on the consent calendar, unless otherwise ordered by the president of the senate. |
21 | Said resolution of congratulations and condolences shall not require concurrent action; upon |
22 | passage, shall be forthwith transmitted to the secretary of state, and an appropriate notice of the |
23 | action of the senate thereon shall be forwarded, as requested in the resolution, by the secretary of |
24 | state. One formal resolution may include all the expressions of sympathy or congratulations of the |
25 | several senators. |
26 | 4.9 4.8 Enactment of Laws. |
27 | The concurrence of the two houses in the same session shall be necessary for the |
28 | enactment of all bills except for senate resolutions. |
29 | 4.10 4.9 Electronic Availability of Public Bills--Requirements. |
30 | 4.10-1 4.9-1 Public Bills. |
31 | No public bill shall be considered upon its merits unless it has been electronically |
32 | available to the members at least two (2) calendar days prior to its consideration on the merits, |
33 | except any public bill passed by the senate and amended by the house, provided that the amended |
34 | public bill shall be electronically available to the senators before consideration. |
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1 | 4.10-2 4.9-2 Committee Amendments. |
2 | Except by majority vote, no public bill amended in a committee of the senate shall be |
3 | considered upon the senate floor unless it has been electronically available to the senators. |
4 | 4.10-3. 4.9-3 Materially Altered Bills. |
5 | Whenever a committee shall have determined to report a bill which has been materially |
6 | altered by the committee, the committee chair shall forthwith provide for printing and electronic |
7 | reproduction of the same. In the event that a bill is not deemed to have been materially altered, |
8 | which determination shall be made by the committee chair, a bill shall be printed only upon the |
9 | request of the president of the senate, the majority leader or the minority leader. Nothing in these |
10 | rules shall preclude the committee chair, with a majority of the committee, to change an act to a |
11 | resolution or a resolution to an act on a substitute bill. |
12 | 4.11 4.9-4 Copies of Bills and Voting Records. |
13 | The secretary of the senate shall retain in the files of the senate as many copies of each |
14 | bill as the secretary of the senate deems necessary and the voting records on each question. |
15 | 4.12 4.9-5 Requests for Funding of Community Service Objectives. |
16 | Requests for the funding of community service objectives grants shall not be presented in |
17 | bill or resolution form, but shall be submitted to the senate fiscal advisor in writing upon a form |
18 | approved by the chairperson of the senate committee on finance. |
19 | 4.13 4.9-6 Death of a Member. |
20 | In the event that any member or member-elect shall die after filing and before |
21 | consideration by committee, the death of said member or member-elect shall constitute automatic |
22 | withdrawal of said bill or resolution and automatic withdrawal of the number of said bill or |
23 | resolution and said number shall not be used again during the legislative session; provided, |
24 | however, that where a bill or resolution shall have had more than one sponsor, said bill or |
25 | resolution and number shall not be withdrawn and the member whose name appears second on |
26 | said bill or resolution shall become the prime sponsor. |
27 | 4.14 4.9-7 Limitation on Number of Bills Introduced. |
28 | No Senator shall introduce more than twenty-five (25) public bills during the annual |
29 | session except with the permission of the President of the Senate. |
30 | SECTION 5. |
31 | COMMITTEES |
32 | 5.1 Standing Committees. |
33 | The senate shall have the following standing committees: |
34 | Committee on Judiciary |
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1 | Committee on Finance |
2 | Committee on Housing and Municipal Government |
3 | Committee on Labor |
4 | Committee on Special Legislation and Veterans’ Affairs |
5 | Committee on Health and Human Services |
6 | Committee on Education |
7 | Committee on Commerce |
8 | Committee on Environment and Agriculture |
9 | Committee on Rules, Government Ethics and Oversight |
10 | Committee on Rules |
11 | 5.1-1 Committee on Judiciary. |
12 | It shall be the duty of the committee on judiciary to consider the appointments of the |
13 | governor referred to it by the senate which require the advice and consent of the senate and all |
14 | legislation and matters which affect the penal code, judicial system, ethics, open meetings, access |
15 | to public records and election laws of the state, to maintain oversight over the application, |
16 | execution and operation of the laws within its jurisdiction and to consider such other matters as |
17 | may be referred to it by the senate. In the matters of judicial appointments and those public |
18 | hearings designated by the committee chair, all testimony shall be under oath and preserved by |
19 | stenographic record which shall be transcribed upon the order of the chair. |
20 | 5.1-2 Committee on Finance. |
21 | It shall be the duty of the committee on finance to consider the appointments of the |
22 | governor referred to it by the senate which require the advice and consent of the senate and all |
23 | legislation and matters relative to revenue, appropriations and taxes, to inquire into the state of |
24 | the public debt, to report from time to time its opinion thereon and such propositions relative |
25 | thereto as it shall deem expedient, to maintain oversight over the application, execution and |
26 | operation of the laws within its jurisdiction and to consider such other matters as may be referred |
27 | to it by the senate. The chair of the committee shall be authorized to appoint as many sub- |
28 | committees as he or she deems necessary, including, but not limited to, a sub-committee on |
29 | veterans affairs. |
30 | 5.1-3 Committee on Housing and Municipal Government. |
31 | It shall be the duty of the committee on housing and municipal government to consider |
32 | the appointments of the governor referred to it by the senate which require the advice and consent |
33 | of the senate and all legislation and matters affecting housing, municipal government, |
34 | transportation, to maintain oversight over the application, execution and operation of the laws |
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1 | within its jurisdiction and to consider such other matters as may be referred to it by the senate. |
2 | 5.1-4 Committee on Labor. |
3 | It shall be the duty of the committee on labor to consider the appointments of the |
4 | governor referred to it by the senate which require the advice and consent of the senate and all |
5 | legislation and matters relating to the workers' compensation and labor laws of the state, to |
6 | maintain oversight over the application, execution and operation of the laws within its jurisdiction |
7 | and to consider such other matters as may be referred to it by the senate. |
8 | 5.1-5 Committee on Special Legislation and Veterans’ Affairs. |
9 | It shall be the duty of the committee on special legislation and veterans’ affairs to |
10 | consider the appointments of the governor referred to it by the senate which require the advice |
11 | and consent of the senate and all legislation and matters relating to constitutional amendments, |
12 | liquor laws, gaming issues, license plates, veterans’ affairs, domestic animals, commissions and |
13 | resolutions, to maintain oversight over the application, execution and operation of the laws within |
14 | its jurisdiction and to consider such other matters as may be referred to it by the senate. |
15 | 5.1-6 Committee on Health and Human Services. |
16 | It shall be the duty of the committee on health and human services to consider the |
17 | appointments of the governor referred to it by the senate which require the advice and consent of |
18 | the senate and to consider all reports of the departments of health, of human services, of mental |
19 | health, retardation and hospitals, of children and their families behavioral healthcare, |
20 | developmental disabilities and hospitals, of children, youth and families, and of elderly affairs; to |
21 | consider all legislation and matters expanding or defining further areas of responsibility of the |
22 | foregoing and to consider all legislation and matters relative to public health and welfare; health |
23 | care and human service access and quality; health and human service professional standards of |
24 | practice, and facility standards of care; to maintain oversight over the application, execution and |
25 | operation of the laws within its jurisdiction; and to consider such other matters as may be referred |
26 | to it by the senate. |
27 | 5.1-7 Committee on Education. |
28 | It shall be the duty of the committee on education to consider the appointments of the |
29 | governor referred to it by the senate which require the advice and consent of the senate and all |
30 | legislation and matters relating to student performance, governance, programming, teacher |
31 | preparation and planning, as well as the work and operation of all state agencies regarding all |
32 | levels of education, make findings, and recommend policy initiatives and other actions to the |
33 | general assembly. The commission shall also exercise oversight in relation to the implementation |
34 | of all legislation and grants of authority relating to all levels of public education in the state by all |
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1 | agencies, state and local, charged and empowered by the general assembly in relating to all levels |
2 | of public education, to maintain oversight over the application, execution and operation of the |
3 | laws within its jurisdiction and to consider such other matters as may be referred to it by the |
4 | senate. |
5 | 5.1-8 Committee on Commerce. |
6 | It shall be the duty of the committee on commerce to consider the appointments of the |
7 | governor referred to it by the senate which require the advice and consent of the senate and all |
8 | legislation and matters relating to financial institutions, business regulation, property and casualty |
9 | insurance, technology and telecommunications, for profit as well as not-for-profit business |
10 | entities, to maintain oversight over the application, execution and operation of the laws within its |
11 | jurisdiction and to consider such other matters as may be referred to it by the senate. |
12 | 5.1-9 Committee on Environment and Agriculture. |
13 | It shall be the duty of the committee on environment and agriculture to consider the |
14 | appointments of the governor referred to it by the senate which require the advice and consent of |
15 | the senate and all legislation and matters relating to the conservation of the air, land, water, plant, |
16 | animal, mineral and other natural resources of the state, and to adopt all means necessary and |
17 | proper by law to protect the natural environment of the people of the state by providing adequate |
18 | resource planning for the control and regulation of the use of the natural resources of the state and |
19 | for the preservation, regeneration, and restoration of the natural environment of the state, to |
20 | maintain oversight over the application, execution and operation of the laws within its jurisdiction |
21 | and to consider such other matters as may be referred to it by the senate. |
22 | 5.1-10 Committee on Rules, Government Ethics and Oversight |
23 | It shall be the duty of the committee on rules, government ethics and oversight consider |
24 | the appointments of the governor referred to it by the senate which require the advice and consent |
25 | of the senate, and (1) Consider all matters relating to the rules of the senate; (2) to ensure that the |
26 | members of the Senate and its staff, through education, monitoring and disseminating the |
27 | opinions of the Rhode Island Ethics Commission, adhere to the highest standards of ethical |
28 | conduct, respect the public trust and the rights of all persons, be open, accountable and |
29 | responsive, avoid the appearance of impropriety, and not use their position for private gain or |
30 | advantage; (3) to monitor and evaluate past, current and prospective performance of public bodies |
31 | and statutory entities, including quasi-public agencies that exercise executive governmental |
32 | functions (except public bodies and statutory entities of the legislative and judiciary branches of |
33 | the state) and any other public or private person, including any agencies, partnerships, corporation |
34 | or business entity insofar as such person is acting on behalf of and/or in place of any public |
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1 | agency; (2)(4) to consider the organization, reorganization, creation or termination of such public |
2 | bodies, statutory entities, including quasi-public agencies and public or private persons; (3)(5) to |
3 | review and consider the reports of the auditor general; (4)(6) to report its opinion and/or |
4 | recommendation of legislation or action regarding the foregoing matters; (5)(7) to consider any |
5 | bill referred to it by the senate, including, but not limited to any act, resolve, resolution or |
6 | petition; and (6)(8) to consider such other matters that are referred to it by the senate. |
7 | 5.1-11 Committee on Rules. |
8 | It shall be the duty of the committee on senate rules to consider all matters relating to the |
9 | rules of the senate. |
10 | 5.2 Committee Membership. |
11 | Each of the standing committees of the senate shall consist of the president of the senate, |
12 | ex officio with voting rights, and the majority and minority leaders of the senate, ex officio, with |
13 | voting rights, and senators appointed by the president of the senate, each to serve until January 3, |
14 | 2017 January 1, 2019. Provided, however, that the president of the senate may change the |
15 | committee assignment of a member with the member's consent; and provided further, however, |
16 | that each senator other than the president and the majority and minority leaders, shall serve as a |
17 | member of one of the following standing committees: committee on housing and municipal |
18 | government health and human services; committee on commerce; committee on finance; |
19 | committee on the judiciary. In addition to the committees appointed by the president of the |
20 | senate, the majority and minority whips of the senate shall serve ex officio, with voting rights on |
21 | all standing committees of the senate. |
22 | 5.3 Vacancies on Committees. |
23 | All vacancies occurring in any committee of the senate shall be filled by the president of |
24 | the senate. |
25 | 5.4 Officers of Committees. |
26 | The president of the senate shall appoint from the membership of each committee a chair, |
27 | vice chair and secretary and such other committee officers as the president of the senate deems |
28 | appropriate. |
29 | 5.5 Select Committees. |
30 | The senate may, from time to time, by resolution, provide for the establishment of select |
31 | committees upon such subjects as it may deem proper, and upon the adoption of such resolution, |
32 | the president of the senate shall appoint the chair and members thereof, and shall provide for |
33 | minority party representation. Any committee created pursuant to this rule shall be deemed a |
34 | standing committee for all purposes of law, including the applicability of section 22-6-2.1 of the |
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1 | general laws. |
2 | 5.6 Referral to Committee. |
3 | No bill shall be considered or acted upon by the senate unless the same has been |
4 | considered by, reported, or recalled from a committee thereof, or from a joint committee, except |
5 | as otherwise provided in these rules. All acts seeking to vacate the forfeiture of a charter |
6 | previously granted under the laws of this state shall not be referred to committee but rather |
7 | directly assigned to the calendar. |
8 | 5.7 Committees of Conference. |
9 | There shall be appointed from time to time committees of conference to which are |
10 | referred matters of difference with the house with respect to bills or resolutions. Such committees |
11 | shall be appointed by the speaker and the president of the senate, and shall be comprised of five |
12 | (5) members from the house and five (5) members from the senate. At least one (1) member in |
13 | each chamber shall be a member of the minority party. When possible, one (1) member shall be |
14 | the prime sponsor of the bill or resolution being considered before the committee of conference |
15 | and one (1) member shall be from the committee that shall have considered the bill or resolution. |
16 | The committee may propose any changes within the scope of the bill or resolution, but any action, |
17 | including changes, taken by committee shall be by a majority vote of the members of each |
18 | chamber on the committee. The committee report shall be made to both chambers at the same |
19 | time. Each chamber shall vote to accept or reject the report. A vote by either chamber to accept |
20 | the report of the committee shall be the final action by that chamber on the bill or resolution. If |
21 | both chambers vote to accept the report of the committee, the bill is passed or the resolution |
22 | adopted as of the time the last chamber votes to accept the report. If either chamber rejects the |
23 | report of the committee, the bill or resolution is defeated and the second chamber shall not be |
24 | required to consider the committee report. The report of the committee may be accepted or |
25 | rejected, but it may not be amended. The committee report shall contain the following |
26 | information: the bill number and title, the members of the committee, the action of the committee, |
27 | and the signature of the members of the committee accepting or rejecting the report. |
28 | The conferees shall confine themselves to the differences which exist within bills or |
29 | resolutions between the house and senate. The presentation of reports of committees of |
30 | conference shall be in order after having been signed by a majority of the members of the |
31 | committee of each chamber. Consideration of a report of a committee of conference by the senate |
32 | shall be in order when it has been made electronically available to all members and listed on the |
33 | calendar for the required period of time according to these rules. |
34 | SECTION 6. |
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1 | PROCEEDINGS IN COMMITTEE |
2 | 6.1 Time for Committee Meetings. |
3 | The president of the senate, in consultation with the chairs, shall establish regular |
4 | calendar days and times for the meetings of all standing committees. The committee chair may |
5 | call such other meetings as may be required to conduct the business of the committee. |
6 | 6.2 Committee Agenda – Posting. |
7 | At least forty-eight (48) hours before any standing committee meeting, a committee |
8 | agenda containing the number, title and a short explanation of each bill to be considered must will |
9 | be placed on the bulletin boards provided for such agenda. The rule shall not apply to bills |
10 | previously passed by the senate and amended by the house. There shall be at least two (2) official |
11 | general assembly website, as well as on a bulletin boards board for such posting, at least one (1) |
12 | of which shall be for the public's use and shall be under the control of and situated at the main |
13 | entrance to the state library. There shall also be at least one (1) bulletin board for the exclusive |
14 | use of the senators which shall be situated in a convenient location. The rule shall not apply to |
15 | bills previously passed by the senate and amended by the house. |
16 | 6.3 Convening of Meeting. |
17 | The chair of the committee or, in the chair's absence, the vice chair, shall call all regular |
18 | sessions of the committee, set agenda and proceed with the order of business. |
19 | 6.4 Public Participation. |
20 | 6.4-1 Open Meetings. |
21 | Every standing committee meeting, except executive sessions, shall be open to the public |
22 | during the consideration of all matters coming before it. At such open meetings, persons other |
23 | than members of the committee may testify at the discretion of the committee chair. |
24 | 6.4-2 Executive Sessions. |
25 | Any standing committee may be called into executive session by the chair or upon |
26 | motion of one of the committee members if the matter under consideration is deemed by the chair |
27 | to comply with those provisions of the "Open Meetings" law (chapter 42-46) which provides for |
28 | closed meetings; provided, however, when the chair of any standing committee calls the |
29 | committee into executive session, the majority of those members present in the executive session |
30 | may vote not to meet in executive session after having heard the reasons for such executive |
31 | session but no other votes shall be permitted in executive sessions. The chair of the committee |
32 | which may be called into executive session shall provide a general description to the public of the |
33 | reason for calling such committee into executive session. |
34 | 6.4-3 Public Hearings. |
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1 | In the discretion of the chair, public hearings may be advertised in newspapers, |
2 | stenographic records kept and hearings held at locations other than the state house. The purpose |
3 | of the public hearing shall be to solicit the comments of the public on the matter being |
4 | considered. At the public hearing all persons shall be permitted to testify; provided, however, the |
5 | committee chair may limit the amount of time allotted to speakers except that the prime sponsor |
6 | shall not have a time limit to speak and shall upon request be the first speaker at the hearing. |
7 | After the public hearing has been held for a reasonable period and if there are still persons |
8 | wishing to speak, the committee chair may continue the hearing until another date. |
9 | 6.5 Hearing and Consideration of Bills. |
10 | Upon a written request by the prime sponsor of any public bill received by the secretary |
11 | of the senate before the closing of the next legislative day after the deadline for introduction as |
12 | specified in section 4.6 4.5 that a committee hearing be held with respect to such bill, the |
13 | committee chair shall schedule a committee hearing within eight (8) legislative days of such |
14 | request unless a later date is agreed to by the prime sponsor. "Received" as used herein shall |
15 | mean receipt in hand by the secretary of the senate or his/her his or her designee. The secretary |
16 | shall note the date and time of receipt on the request and such notation shall be dispositive. On |
17 | the same day, the sponsor shall hand deliver copies of the request to the president of the senate |
18 | and to the committee chair or their designees. The committee shall consider said bill not more |
19 | than eight (8) legislative days after the committee hearing, unless a later date is agreed to by the |
20 | prime sponsor. If the committee does not consider the bill then the committee shall be discharged |
21 | of its responsibility to consider such bill and such bill shall be placed on the senate calendar |
22 | pursuant to section 7.6 hereof. Consideration by a committee shall mean any one of the following |
23 | actions: recommendation of passage, recommendation of passage as amended, transfer to another |
24 | committee, indefinite postponement, hold for further study or defeat of the bill. Provided further, |
25 | the minority leader may request in writing within twenty-four (24) hours after the deadline for |
26 | introductions specified in section 4.6 4.5 a hearing on any senate bill in committee. In the event a |
27 | request is made pursuant to this rule at a time less than sixteen (16) days before the deadline for |
28 | committee consideration set forth in section 6.9, then such request shall not be proper and shall be |
29 | automatically denied. |
30 | 6.6 Quorum. |
31 | A committee shall not vote upon any bill in the absence of a quorum which shall consist |
32 | of a majority of the committee's members; provided, however, that at the discretion of the chair, |
33 | less than a quorum may conduct any hearing including public hearings. |
34 | 6.7 Minority Representation. |
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1 | When there is no minority member present and the committee is to consider a bill, the |
2 | committee chair shall notify the office of the minority leader. Unless waived by the minority |
3 | leader, the committee shall not conduct business for a reasonable time not to exceed fifteen (15) |
4 | minutes or until a minority member of the committee is present. Once a minority member is |
5 | present, his or her subsequent absence will not require further notice to the minority leader. For |
6 | purposes of this rule, an independent senator shall be considered to be a minority member. |
7 | 6.8 Committee Votes. |
8 | All votes in committee on public bills shall be a recorded roll call vote. The vote upon all |
9 | motions or bills not considered a "public bill" shall, upon the request of any member of the |
10 | committee, be a recorded roll call vote. Otherwise all votes shall be put by yeas and nays. |
11 | Committee chairs shall submit all bills approved by committee to the floor forthwith, with a |
12 | record of the committee vote. |
13 | 6.9 Deadline for Consideration. |
14 | After April 9, 2013 for the year 2015 for the year 2015 and April 14, 2016 for the year |
15 | 2016 the Thursday preceding the spring recess week of each session, committees shall consider |
16 | only those public bills which have been acted upon and transmitted to the senate by the house of |
17 | representatives; provided, however, that the president of the senate may request a senate |
18 | committee to immediately consider a senate bill then in committee and said bill shall be |
19 | considered by the committee. |
20 | 6.10 Discharge from Committee. |
21 | No bill shall be taken or called from any such committee, or the committee discharged |
22 | from the consideration thereof, except: |
23 | Any senator may present a petition, in writing, to discharge a committee from further |
24 | consideration of a bill which has been in the possession of the committee for thirty (30) |
25 | legislative days without having been considered, but only one petition on a particular bill may be |
26 | presented during the course of a session. Prior to presenting the petition, the senator must |
27 | introduce a resolution of intent to discharge such committee. Such resolution of intent shall |
28 | contain the bill number and the committee to be discharged. The presiding officer shall cause the |
29 | resolution of intent to be printed in the journal of the senate. The petition shall be placed in the |
30 | custody of the presiding officer who shall arrange some convenient place for the signatures of the |
31 | senators to be placed thereon in the presence of the reading clerk during the hours in which the |
32 | senate is in session. A signature may be withdrawn by a senator at any time before the petition |
33 | shall become effective. |
34 | On the first day of each week, there shall be printed in the journal of the senate the |
| LC002089/SUB A - Page 15 of 27 |
1 | petitions pending under these rules, together with the signatures thereto; provided, however, that |
2 | as soon as a majority of all the senators elected to the senate shall have affixed their signatures to |
3 | any such petition to discharge a committee under this rule, the presiding officer shall cause notice |
4 | thereof to be given to chair and clerk of the committee to which such bill was referred, and such |
5 | notice shall, thereupon, automatically discharge the committee from further consideration of the |
6 | bill and the bill shall be placed upon the calendar in accordance with section 7.6 hereof. |
7 | Nothing contained in this section shall be construed to change the deadline for |
8 | consideration as specified in section 6.9. |
9 | 6.11 Compelling Committee Action. |
10 | If a committee to which a bill has been referred fails to consider such bill within sixteen |
11 | (16) legislative days of its referral, the prime sponsor of such bill, or a majority of the appointed |
12 | members, but not less than four (4) committee members, may, in writing, request the chair of the |
13 | committee, through the presiding officer of the senate, that such bill be considered. The request |
14 | shall be printed in the journal of the senate. The committee shall consider such bill at its first |
15 | meeting held at least two (2) three (3) legislative days after such request is made. If the committee |
16 | does not consider the bill within eight (8) nine (9) legislative days of receipt of the request then |
17 | the committee shall be discharged of its responsibility to consider such bill and such bill shall be |
18 | placed on the senate calendar pursuant to section 7.6 hereof. Consideration by a committee shall |
19 | be interpreted to mean any one of the following actions: recommendation of passage, |
20 | recommendation of passage as amended, transfer to another committee, indefinite postponement, |
21 | hold for further study or defeat of the bill. Nothing contained in this section shall be construed to |
22 | change the deadline for consideration as specified in section 6.9. |
23 | 6.12 Defeat of a Bill. |
24 | Once a bill is defeated in committee, the same shall not be acted upon or considered |
25 | again during the same legislative year. |
26 | 6.13 Indefinite Postponement. |
27 | Whenever any bill is postponed indefinitely in committee, the same shall not be acted |
28 | upon or considered again during the same legislative year. |
29 | 6.14 Transfer of Bills. |
30 | In the event the chair of any standing committee determines that any bill then pending |
31 | before the committee would more properly be pending before another standing committee of the |
32 | senate, the chair shall transfer such bill to such other standing committee as is deemed appropriate |
33 | during the reports of committees. |
34 | 6.15 Committee Records. |
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1 | All recorded votes of committees, all written testimony submitted to a committee, and the |
2 | transcripts of any recorded testimony shall be retained by the clerk of each committee, shall |
3 | constitute public records, and shall be available for inspection to any senator and to any person |
4 | upon request. All committee votes, transcripts and testimony shall be transmitted to the secretary |
5 | of state pursuant to state law and senate policy following final adjournment in even numbered |
6 | years. |
7 | 6.16 Attribution of Bills. |
8 | Upon presentation of testimony before a committee, the prime sponsor of the bill shall |
9 | provide to the committee the name of any individual, group or organization responsible for the |
10 | substantive basis or text of the bill. |
11 | SECTION 7. |
12 | PROCEEDINGS ON THE SENATE FLOOR |
13 | 7.1 Right to the Floor. |
14 | No senator shall address another except through the presiding officer. A senator shall rise |
15 | to put a question, may state it or read a paper sitting. When any senator wishes to speak or to |
16 | deliver any matter to the senate, the senator shall press his or her recognition control and the |
17 | presiding officer shall recognize the senator who so requests recognition and the order of |
18 | recognition shall be determined by the presiding officer. The senator so recognized shall not be |
19 | interrupted while speaking except by a call to order or a motion to suspend section 3.5. The |
20 | senator shall then immediately be seated unless permitted by the senate to proceed, which shall be |
21 | determined upon motion without debate. No senator shall speak more than twice on the same |
22 | question without leave of the senate which shall be determined without debate, nor more than |
23 | once until the other senators who have not spoken shall speak if they so desire, provided, however |
24 | that a senator may yield his or her right to the floor to another senator. |
25 | 7.2 Personal Privilege. |
26 | Only at the time provided for in section 3.3, a senator may claim the floor to address the |
27 | senate on personal privilege. Personal privilege shall include the right to reply to criticism, or to |
28 | discuss anything clearly derogatory to the member or which reflects upon his or her character that |
29 | appears in the press or other public medium but shall not include the right to discuss favorable |
30 | references to the senator, nor to reply to generalized criticism of the senate which does not refer |
31 | to him or to her specifically, nor to attack another member of the senate personally. Whether a |
32 | member's remarks constitute personal privilege shall be determined by the presiding officer. |
33 | 7.3 Addressing the Senate on Important Matters. |
34 | Only at the time provided for in section 3.3, a senator may request unanimous consent of |
| LC002089/SUB A - Page 17 of 27 |
1 | the senators present to address the senate on a topic or matter of importance to the welfare of the |
2 | state. A senator granted the right to so address the senate may be interrupted at any time by |
3 | another senator who wishes to object to the first senator's right to continue to address the senate |
4 | and upon such objection the first senator's right to address the senate shall terminate. |
5 | 7.4 Objectionable Language. |
6 | No senator shall use profane, insulting, or abusive language or act in any manner that is |
7 | disruptive to the course of public debate on the senate floor, or in testimony before any committee |
8 | of the general assembly. |
9 | 7.5 Priority of Business. |
10 | All questions relating to priority of business to be acted upon shall be decided by the |
11 | presiding officer without debate. |
12 | 7.6 Calendar. |
13 | There shall be a calendar kept by the secretary of the senate upon which shall be placed |
14 | the bills reported by all committees, and all other matters ordered placed thereon by the senate. |
15 | Matters on the calendar shall be arranged by the secretary of the senate in numerical order by |
16 | committee unless otherwise ordered by the president of the senate in agreement with the majority |
17 | leader and the minority leader. Such calendar shall be electronically available to all members of |
18 | the senate. Except as provided in section 7.13, and during consideration of the calendar, no other |
19 | business shall intervene except to receive a communication from the house or a motion to |
20 | suspend section 3.5. |
21 | All business on the calendar not disposed of at the time of adjournment shall be first in |
22 | order on the calendar the next day. No matter of business on the calendar shall be considered |
23 | upon its merits unless it has been on such calendar for at least two (2) calendar days; except that |
24 | the president of the senate may order a bill placed on the calendar for less than two (2) calendar |
25 | days; provided, however, a bill passed by the senate and amended by the house of representatives |
26 | may be considered by the senate without being on the calendar for two (2) calendar days if the |
27 | requirements of section 4.10-1 4.9-1 have been met. |
28 | 7.7 Consent Calendar. |
29 | Notwithstanding the provisions of section 7.6, the secretary of the senate shall also |
30 | maintain a separate calendar, designated as the consent calendar, upon which shall be placed |
31 | resolutions required by Rule 4.8 section 4.7, acts seeking to vacate the forfeiture of a corporate |
32 | charter and such other bills as directed by the president of the senate. Matters on the consent |
33 | calendar shall be in order for disposal on each day and shall include all such matters reported or |
34 | referred thereto from the previous day. Such consent calendar shall be posted in the chamber of |
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1 | the senate. All matters on the consent calendar shall be disposed by roll call vote on a single |
2 | motion except such matters as may be objected to by any single senator, which said matter or |
3 | matters shall be held over on the regular calendar for the next legislative day. |
4 | 7.8 Reports of Joint Committees. |
5 | No bill reported by or forwarded on the recommendation of a joint committee of the two |
6 | houses shall be in order for concurrence by the senate if it shall appear that the members of such |
7 | joint committee on the part of the senate, if in attendance on the general assembly, shall not have |
8 | been notified or present when the subject was acted on by such joint committee. No report shall |
9 | be acted on in the senate from any joint committee unless as subscribed by a senator who is a |
10 | member of said committee. Any report from a joint committee shall be made on the floor of the |
11 | senate by a member of said committee, notwithstanding that said member may not have |
12 | concurred in the report and said report shall be held on the desk unless ordered placed on the |
13 | calendar pursuant to section 7.6 by the president of the senate or by a majority vote of the senate. |
14 | 7.9 Messages from the House. |
15 | When a message is received from the house of representatives, transmitting any papers, the |
16 | secretary of the senate shall transmit to the office of the president of the senate all house |
17 | transmittals received on that day. The president of the senate shall assign house transmittals to |
18 | committees upon adjournment of the senate. The secretary of the senate shall cause all house |
19 | transmittals to be published in the senate journal for the day such transmittals are received. Any |
20 | senator may object to the committee assignment for any transmittal received during the previous |
21 | legislative day. Upon objection being made, the presiding officer shall assign the transmittal to |
22 | the committee requested by the senator making the objection, provided, however, that if another |
23 | senator objects to any assignment or proposed assignment of the transmittal, then the presiding |
24 | officer shall call for a vote of the senate on any motion for assignment which has been made and |
25 | seconded, such motion requiring a majority vote of those senators present and voting for |
26 | assignment to a particular committee. |
27 | During the time for consideration of house transmittals, a senator may move for |
28 | immediate consideration of a house transmittal, received by the secretary of the senate on the |
29 | previous legislative day. If there is no objection to the motion, it is deemed to be approved, but if |
30 | there is objection to the motion for immediate consideration, the presiding officer shall submit the |
31 | motion to a vote of the senate, such motion for immediate consideration shall require the votes of |
32 | two-thirds (2/3) of those senators present and voting, for approval. |
33 | 7.10 Amendments. |
34 | No senator may amend from the floor any bill pending before the senate unless such |
| LC002089/SUB A - Page 19 of 27 |
1 | amendment be submitted, electronically or in writing, with sufficient copies signed by the |
2 | proponent, and read to the body; provided, however, that no amendment to the annual budget bill |
3 | making appropriations for the support of the state may be offered, except with the agreement of |
4 | two-thirds (2/3) of the members present, unless copies thereof shall have been filed with the |
5 | secretary of the senate no later than 12:00 o'clock noon on the legislative day preceding the |
6 | legislative day on which the budget bill shall be in order for consideration: provided however that |
7 | with majority consent a senator may make an oral amendment of a technical or minor nature. |
8 | 7.11 Votes in Concurrence. |
9 | Whenever any bill shall come before the senate for concurrence, and the senate concurs |
10 | without amendments, or fails to concur, the secretary of the senate may announce the concurrence |
11 | or nonconcurrence to the other house, but the original bill received by the senate shall not be |
12 | transmitted to the other house. |
13 | 7.12 Motions. |
14 | No motion shall be debated until it has been seconded. For the purpose of recorded votes |
15 | only the first second shall be recorded. A motion may be withdrawn by the mover at any time |
16 | before a decision or a motion to amend, except a motion to reconsider, which shall not be |
17 | withdrawn after the time has elapsed within which it could be originally made. |
18 | 7.13 Interruption of Debate. |
19 | When a question is under debate, no motion shall be received except to suspend section |
20 | 3.5, to adjourn, to recommit, for the previous question, to close debate, to fix a time for closing |
21 | debate, to take a recess, to lay on the table, to take from the table, to transmit, to postpone |
22 | indefinitely, to change calendar arrangement, or to amend, and any motion or resolution the |
23 | purpose of which is to take any bill or any other matter from committees of the senate or to |
24 | discharge a committee from the consideration thereof, which several motions shall have |
25 | precedence in the order in which they are here arranged and shall be decided by majority vote |
26 | without debate; provided further that a motion to recommit as to any bill which is placed on the |
27 | senate calendar may be voted by yeas and nays; however, if the prime sponsor timely objects, the |
28 | motion shall be voted on by electronic roll of the senate. |
29 | 7.14 Adjournment. |
30 | When time for meeting of the senate shall have been previously fixed, a motion to |
31 | adjourn and a motion to suspend section 3.5 shall always be in order. The senate shall not be |
32 | adjourned except by affirmative vote of a majority of the senators present and voting. |
33 | 7.15 Lay on the Table. |
34 | When an amendment proposed to any pending measure be laid on the table, it shall not |
| LC002089/SUB A - Page 20 of 27 |
1 | carry with it, or prejudice such measure. |
2 | 7.16 Dividing Questions. |
3 | A question that is susceptible of division shall, at the request of the majority, be divided |
4 | and put separately upon the propositions of which it is compounded. |
5 | 7.17 Non-Germane Amendments. |
6 | No motion or proposition of a subject different from that under consideration shall be |
7 | admitted under color of amendment. |
8 | 7.18 Motion for Reconsideration. |
9 | A senator on the prevailing side of any vote may, on the same legislative day, move to |
10 | reconsider the vote on the same or following legislative day. When a bill has been reconsidered it |
11 | shall not be reconsidered again during the session. Bills and other papers in reference to which a |
12 | motion to reconsider is pending shall, unless otherwise ordered, remain in the possession of the |
13 | secretary of the senate until the right of reconsideration has expired. The privilege to reconsider |
14 | granted by this rule may be suspended by a majority vote of the senators present and voting. |
15 | 7.19 Printed Material. |
16 | If the reading of any printed or written paper be objected to, the matter shall be |
17 | determined by a majority vote of the senate without debate. |
18 | 7.20 Recommittal. |
19 | No motion to recommit shall be entertained by the presiding officer as to any bill which |
20 | is placed on the calendar as the result of section 6.10 until every senator desiring to be heard has |
21 | been recognized, notwithstanding the provisions of section 7.13. |
22 | 7.21 Immediate Consideration. |
23 | During the time for introduction and reference of new business, as provided in section |
24 | 3.3, a senator may introduce a bill and move for immediate consideration of the bill at that time. |
25 | If there is no objection to the motion, for immediate consideration it is deemed to be approved, |
26 | but if there is objection to the motion for immediate consideration, the presiding officer shall |
27 | submit the motion to a vote of the senate; such motion for immediate consideration shall require |
28 | the votes of two-thirds (2/3) of those senators present and voting, for approval. If the bill is not |
29 | available electronically to all members of the senate at the time of the request for immediate |
30 | consideration, then a hard copy of the bill shall be made available to any senator upon request. |
31 | 7.22 Questions During Debate. |
32 | A senator, while speaking after recognition by the chair, may, upon request of a senator, |
33 | yield to him or her temporarily without thereby relinquishing his or her prior right to the floor |
34 | and, thereafter, may terminate such interruption and resume speaking at any time; provided, |
| LC002089/SUB A - Page 21 of 27 |
1 | however, that it shall not be in order for a senator to rise and request that a senator, other than the |
2 | one with the right to the floor, yield to a question. Furthermore, it shall not be in order for a |
3 | senator, with the right to the floor, to ask another senator to yield to a question, unless such |
4 | senator has previously spoken during the debate on the matter. All questions and responses shall |
5 | be directed through the chair and the presiding officer shall not be interrupted when speaking. |
6 | SECTION 8. |
7 | VOTING ON THE SENATE FLOOR |
8 | 8.1 Method of Voting. |
9 | The electronic roll call of the senate shall be called on any vote pertaining to a public bill, |
10 | on passage of the consent calendar and on any other vote at the request of any senator present; |
11 | otherwise, votes shall be put by yeas and nays. In naming sums or numbers, and fixing times, the |
12 | largest sum or longest time shall be put first. |
13 | 8.2 Voting Machine Inoperative. |
14 | In the event the machine is not to be used to record a vote or is not operating properly, all |
15 | votes and other determinations may be taken as required by senate rules, either by voice vote, |
16 | division vote or by calling the roll alphabetically and recording the yeas and nays. If a senator's |
17 | voting device is out of order, the senator shall rise and announce it to the presiding officer and |
18 | cast his or her vote orally prior to the declaration of the result of the vote. |
19 | 8.3 Who May Vote. |
20 | Any member who is present on the senate floor must vote. Any senator who is not on the |
21 | floor at such time, but who returns before the machine is locked, shall be permitted to vote. |
22 | Without objection or with a majority vote, a senator may be permitted to cast a vote after the |
23 | results have been announced, provided however such request shall be made on the same calendar |
24 | day and, only if the vote if so permitted, will not change the result previously announced. |
25 | 8.4 Control of Electronic Voting System. |
26 | The electronic voting system shall be under the control of the presiding officer and shall |
27 | be operated by such personnel as the president of the senate so designates. |
28 | 8.5 Conducting a Vote. |
29 | At a reasonable time prior to any vote being taken, the presiding officer shall announce |
30 | that a vote is about to be taken. When any senator other than the president of the senate is |
31 | presiding, such senator may direct either the Secretary of the Senate or the reading clerk to cast |
32 | his or her vote at his or her voting station, but at no other time may a senator designate any other |
33 | person to cast his or her vote. Until the completion of the voting, no senator shall be recognized, |
34 | and no other business shall be transacted. When sufficient time has elapsed for each senator to |
| LC002089/SUB A - Page 22 of 27 |
1 | vote prior to locking the machine, the presiding officer shall ask if any member present desires to |
2 | vote or change his or her vote. The presiding officer shall then order the machine locked and |
3 | activate the recording process. The voting machine shall remain locked between all votes. |
4 | 8.6 Announcing the Tally. |
5 | When the vote is completely recorded, the Secretary of the Senate shall advise the |
6 | presiding officer of the result; and the presiding officer shall announce the result to the senate and |
7 | the result shall be recorded in the journal. |
8 | 8.7 Changing a Vote. |
9 | No vote may be changed after the system has been locked and the vote recorded except |
10 | that, after a vote has been recorded, any senator may, by a majority vote of the senate, be |
11 | permitted to change his or her vote, provided that such change be effected on the same calendar |
12 | day as his or her original vote. |
13 | 8.8 Recording Votes. |
14 | 8.8-1 On any recorded vote, no senator shall be recorded as having voted unless he or she |
15 | has been recorded or recognized as being present prior to the conduct of said vote. |
16 | 8.8-2 Upon request, on any non-recorded vote, any senator shall have his or her vote |
17 | recorded so that it shall appear in the journal of the senate. |
18 | 8.9 Voting for Another. |
19 | No senator may vote for another senator; nor may any person cast a vote for a senator, |
20 | except as otherwise provided in section 8.5. A senator who voted for another senator may be |
21 | punished in a manner the senate determines. A person voting for a senator, when not authorized |
22 | by section 8.5, is barred from the floor of the senate and may be further punished as the senate |
23 | determines. |
24 | 8.10 Explanation of Vote. |
25 | No explanation of any vote will be permitted during the voting or after a vote has been |
26 | cast. |
27 | 8.11 Statement of the Question. |
28 | After the question has been put, but before the system is locked, any senator may call for |
29 | a statement of the question. |
30 | 8.12 No Interruption. |
31 | While the presiding officer is putting the question, or the vote is being recorded, no |
32 | senator shall speak or leave his or her place. |
33 | SECTION 9. |
34 | PROCEEDINGS ON NOMINATIONS |
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1 | 9.1 Scope. |
2 | The senate’s exercise of its constitutional obligation to give advice and consent to |
3 | executive appointees shall be governed solely and exclusively by these rules. |
4 | 9.2 Delivery |
5 | Nominations shall be delivered to the Secretary of the Senate, or his or her designee, at |
6 | the Office of the Secretary for presentation to the Senate. |
7 | 9.3 Presentation to the Senate. |
8 | When a nomination shall be presented to the Senate for advice and consent, it shall, |
9 | unless otherwise ordered, be referred to the appropriate committee or committees and a copy of |
10 | the nomination shall be delivered to the senator within whose district the nominee resides. Except |
11 | as set forth herein, nominations shall follow the same course and be subject to the same |
12 | procedures as bills introduced pursuant to Rules of the Senate. |
13 | 9.4 Questions Presented. |
14 | The final question on every nomination shall be, "Will the Senate advise and consent to |
15 | this nomination?" which question shall not be put on the same legislative day on which the |
16 | nomination is received, nor on the legislative day on which it may be reported by a committee. |
17 | Provided, however, that this provision may be waived by vote of a majority of the Senate. |
18 | 9.5 Effect of Non-action. |
19 | Nominations neither confirmed nor rejected during the annual session at which they are |
20 | made shall not be acted upon at any succeeding session unless renewed by the appointing |
21 | authority; and if the Senate shall adjourn or be in recess for a period in excess of thirty (30) days, |
22 | all nominations pending and not finally acted upon at the time of such adjournment or recess shall |
23 | be returned by the Secretary of the Senate to the appointing authority, and shall not again be |
24 | considered unless the nomination shall again be made and delivered to the Senate by the |
25 | appointing authority. |
26 | 9.6 Withdrawal of Nominations. |
27 | Nominations may be withdrawn by the appointing authority at any time prior to final |
28 | action thereon by the Senate. |
29 | SECTION 10. |
30 | MISCELLANEOUS |
31 | 10.1 Legislative Aides. |
32 | The president of the senate may appoint and prescribe the duties and terms of a |
33 | parliamentarian and one head page and as many assistant pages, doorkeepers and legislative aides |
34 | as the president of the senate shall deem necessary; and any or all of them may be removed at the |
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1 | pleasure of the president of the senate. |
2 | 10.2 Absence of a Quorum. |
3 | When there shall be seven (7) or more senators, but less than a quorum of the senate |
4 | present, a majority of the senators present may direct the presiding officer to compel the |
5 | attendance of absent senators in accordance with law. |
6 | 10.3 Amendment and Suspension of Rules. |
7 | No rule shall be repealed, suspended or amended, or the operation thereof temporarily |
8 | suspended except by two-thirds (2/3) of the members present and voting. |
9 | 10.4 Access to the Senate Chamber. |
10 | 10.4-1 Access During Senate Session. |
11 | Ten minutes prior to the time the senate is scheduled to convene, the secretary of the |
12 | senate shall clear the senate chamber of all persons other than members of the general assembly, |
13 | general assembly staff, guests of a senator, and authorized representatives of the news media. |
14 | From this time to the adjournment or recess of said session no persons other than those listed |
15 | above shall be admitted to the senate chamber except with permission from the senate president. |
16 | 10.4-2 Senators' Seats. |
17 | The seat of each senator shall be assigned by the president of the senate, and in no event |
18 | shall any other person be permitted to occupy such assigned seat. |
19 | 10.4-3 Sheriff's Duties. |
20 | It shall be the duty of the sheriff, or the sheriff's deputies in attendance in the senate, or in |
21 | their absence, a member of the capitol police department, to see that rules sections 10.4-1, 10.4-2, |
22 | 10.4-3, 10.4-4 and 10.4-9 are enforced, and that all senate entrances and exits are kept completely |
23 | clear and open to passage to and from the chamber. |
24 | 10.4-4 Gallery. |
25 | When the normal seating accommodations for visitors in the gallery have been filled, no |
26 | additional seats shall be installed, and no persons shall be thereafter admitted to the gallery of the |
27 | senate while in session except to fill vacancies. |
28 | 10.5 Confidentiality of Drafting. |
29 | At the request of any senator or senate attorney to the director of the legislative council, |
30 | an entry into the word processing system may be made confidential so that the entry shall be |
31 | accessible only to the senator or senate attorney making such request or his or her designee. An |
32 | entry may be a bill, letter, memorandum or any other document. |
33 | 10.6 Misuse of Rules. |
34 | If it appears that the rules are being used as a tactic to impede senate business, the |
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1 | presiding officer may make a decision to that effect and put the matter before the senate and a |
2 | majority vote of the senators present shall sustain with finality the ruling of the presiding officer. |
3 | 10.7 Extraordinary and Special Session. |
4 | In the event of the calling of an extraordinary session of the general assembly by the |
5 | governor, or a reconvened session by the speaker of the house and the president of the senate, |
6 | said session shall be conducted pursuant to these rules; provided, however, that rules 4.10-1 |
7 | sections 4.9-1, 6.2, 7.6 and 7.8 are not applicable to any such session; and, provided further, that |
8 | any bill, act or resolution for consideration of which the session is called shall have been provided |
9 | to the members at least twenty-four (24) hours prior to the consideration of the senate. |
10 | 10.8 Robert's Rules. |
11 | Robert's Rules of Order shall govern procedure on the senate floor and in the committees |
12 | of the senate in all cases in which they are not inconsistent with these rules or with any joint rules |
13 | of the senate and house. |
14 | 10.9 Use of Facilities. |
15 | The senate locker room, lounge and corridor adjacent to them shall be for the exclusive |
16 | use of the senators and their guests. |
17 | 10.10 Decorum. |
18 | No senator shall use profane, insulting or abusive language or act in any manner that |
19 | interferes with the orderly conduct of the session of the senate. |
20 | 10.11 Smoking Prohibited. |
21 | Smoking shall be prohibited in all senate areas including, but not limited to: the chamber, |
22 | gallery, lounge, committee rooms, offices, restrooms or hallways. The presiding officer shall |
23 | enforce this rule. |
24 | 10.12 Consumption of Food and Alcoholic Beverages. |
25 | The consumption of food and alcoholic beverages shall be prohibited on the senate floor. |
26 | Except at the specific request of a member, all beverages consumed on the floor shall be in paper |
27 | or plastic cups. |
28 | 10.13 Appropriate Attire Required. |
29 | All persons on the floor of the senate while the senate is in session shall be properly |
30 | dressed, and the presiding officer shall enforce this rule by appropriate means. |
31 | 10.14 Electronic Devices. |
32 | During sessions cell phones shall not be used on the floor of the senate or in committee |
33 | hearing rooms when committee meetings are in session. Further, pagers may be used only on the |
34 | silent/vibrate mode. |
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1 | 10.15 Photographic Equipment. |
2 | During sessions, photographic equipment shall not be used on the floor of the senate or in |
3 | committee hearing rooms when committee meetings are in session unless he or she has the |
4 | permission of the president of the senate or the senate committee chair. This section shall not |
5 | apply to properly credentialed representatives of the news media. |
6 | 10.16 Display of Posters, Signs, and Banners on the Floor. |
7 | No placard, sign, poster, banner, chart or other visual aid of similar nature shall be |
8 | displayed on the floor of the Senate or used in debate at any time when the Senate is in session |
9 | without the consent of the presiding officer. Any decision of the presiding officer under this rule |
10 | may be appealed to the body. |
11 | 10.17 Display of Posters, Signs, and Banners Prohibited in the Gallery. |
12 | No placard, sign, poster, banner, chart or visual aid of similar nature shall be displayed in |
13 | the gallery at any time when the Senate is in session. The presiding officer shall order any such |
14 | object so displayed to be removed. |
15 | 10.18 Official Notice. |
16 | Except as otherwise provided in these rules, notice to a member transmitted from the |
17 | Office of the President through the RILIN Rhode Island General Assembly email system to the |
18 | RILIN rilegislature.gov email address assigned to the member shall constitute official written |
19 | notice to the member as of the date and time of the transmission. It is the responsibility of the |
20 | members to monitor their RILIN rilegislature.gov email address on a regular basis, or to have |
21 | RILIN email messages forwarded to an address which is monitored on a regular basis. |
22 | Alternatively, a member may elect to receive such notice directly at an email address other than |
23 | the member’s RILIN rilegislature.gov email address by executing a form available in the Office |
24 | of the President. Once designated, transmissions to the alternate email address shall constitute |
25 | written notice to the member as of the date and time of the transmission and will continue to be |
26 | such until the Office of the President is notified of a different address. |
27 | 10.19 Continuing Ethics Education. |
28 | All state senators and senate employees shall annually participate in a continuing |
29 | education program presented by the Rhode Island Ethics Commission on the Rhode Island Code |
30 | of Ethics and related laws through an interactive web based format. |
31 | SECTION 11. |
32 | TRANSPARENCY |
33 | 11.1 Policy. |
34 | It is declared to be the policy of the senate that to the maximum extent possible senate |
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1 | votes on public bills and proceedings on the floor and in committee shall be recorded, or video |
2 | screened and published on the general assembly website and/or broadcast on capitol television. |
3 | 11.2 Publication of Committee Votes. |
4 | To the extent possible, committee votes shall be published on the general assembly |
5 | website prior to the floor vote on the bill; provided however, that failure of a committee vote to |
6 | appear on the website prior to the floor vote shall not be grounds for objection to consideration of |
7 | the bill on the floor. |
8 | 11.3 Televising or Otherwise Recording Committee Hearing. |
9 | To the extent possible, committee hearings shall be video recorded and broadcast to the |
10 | public on capitol television. |
11 | 11.4 Publication of Votes. |
12 | All votes on public bills recorded electronically or by roll call shall be placed forthwith |
13 | on the general assembly website. |
14 | 11.5 Publication of the Senate Rules. |
15 | The senate rules together with an index thereof shall be published on the general |
16 | assembly website. |
17 | 11.6 Authorization and Direction. |
18 | The president of the senate and the senate staff are authorized and directed to take such |
19 | reasonable and prudent action as may be necessary to carry out the policies and directives set |
20 | forth in this section. |
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