05-R 064

2005 -- S 160 SUBSTITUTE A AS AMENDED

Enacted 02/16/05

 

S E N A T E R E S O L U T I O N

ADOPTING THE RULES OF THE SENATE

     

     

     Introduced By: Senators Connors, DaPonte, Lenihan, Ruggerio, and Bates

     Date Introduced: February 01, 2005

 

 

 

RESOLVED, That the following rules be and the same are hereby adopted as the rules of

this senate for the years 2005 and 2006.

     RULES OF THE SENATE

SECTION 1

DEFINITIONS

     As used in these rules, the following terms are defined as follows:

     1.1 "Bill' shall include any act, resolve, resolution or petition which comes before the

senate for consideration.

     1.2 "Day" as used in these rules is intended and shall be construed to mean one full

legislative day of the same session. In no event shall one (1) calendar day be construed as two (2)

legislative days.

     1.3 "Public bill" shall include all bills except:

     (i) those which pertain to a particular city or town;

     (ii) those which relate to an individual's pension and retirement;

     (iii) those which pertain to restoration of corporation charters, and to amendments to

authorized holdings by nonprofit organizations of a charitable, civic, library or like nature;

     (iv) resolutions memorializing congress, or of congratulations, or expressing sympathy or

condolences, and all resolutions requesting the several departments of state government to grant

some privilege, consideration or relief.

     1.4 "Prime sponsor" shall be that senator whose signature first appears upon the bill.

     1.5 "President Pro Tempore" is the person elected to that position under the provisions of

section 22-3-10 of the general laws, who presides over the senate in the absence of the president

of the senate.

     1.6 "Majority Deputy President Pro Tempore" is the person appointed by the president of

the senate, who shall preside over the senate in the absence of the president of the senate and the

president pro tempore. The President shall appoint a majority deputy president pro tempore from

among the senators who are members of the majority political party represented in the senate.

     1.7 "Minority Deputy President Pro Tempore" is the person appointed by the senate

minority leader, who shall preside over the senate in the absence of the president of the senate,

president pro tempore, and the majority deputy president pro tempore. The minority leader shall

appoint a minority deputy president pro tempore from among the senators who are members of a

minority political party represented in the senate.

     1.8 "Reading Clerk" is the person elected to that position under provisions of section 22-

3-2 of the general laws who shall, at the direction of the presiding officer, read to the chamber

any communication to the senate, resolution, bill or other document and who shall, at the

direction of the presiding officer, except for section 4.4 hereof, date the bills and other documents

before the senate, date recording thereon the action taken and/or the disposition thereof. The

reading clerk also shall, at the direction of the senate, amend any bill and transmit any bill to the

house of representatives and perform such other duties as may from time to time be prescribed by

the president of the senate.

     1.9 "Secretary of the Senate" is the person elected to that position under provisions of

section 22-3-2 of the general laws who shall, at the direction of the presiding officer, record the

proceedings of the senate in a journal, signing said journal as secretary of the senate, and who

shall, upon their referral, deliver bills and other documents to their respective committees, hold

and maintain in good order any bill assigned to the calendar or the consent calendar, and transmit

any bill or document to the governor. The secretary of the senate also shall perform those duties

prescribed in other sections hereof and those which may from time to time be prescribed by the

president of the senate.

     1.10 The rise of the senate occurs upon the conclusion of senate floor business and the

exact time varies by the amount of business to be conducted on a particular legislative day.

SECTION 2

PRESIDING OFFICER

     2.1 Presiding Officer.

     The president of the senate shall, unless absent from the chamber, be the presiding officer

of the sessions of the senate. In the absence of the president from the chair, the president pro

tempore shall preside over the senate. In the absence of both the president and the president pro

tempore, the majority deputy president pro tempore shall preside over the senate. In the absence

of the president, the president pro tempore, and the majority deputy president pro tempore, the

minority deputy president pro tempore shall preside over the senate. In case of a vacancy in the

offices of president, president pro tempore and both deputy presidents pro tempore, or in case all

said officers are absent at the hour to which the senate stands adjourned, the reading clerk shall

call the senate to order, and shall preside until a president pro tempore is elected, which election

shall be the first order of business. In the absence of the president, president pro tempore, both

deputy presidents pro tempore and the reading clerk, less than a quorum may elect a president pro

tempore, who shall declare a lack of quorum and continue the session until the next day.

     2.2 Duties of the Presiding Officer.

     The presiding officer shall preserve order and decorum in and about the senate chamber

during the senate session in order to prevent interference with the senate's business and

deliberations. The presiding officer may speak in preference to the senators, shall decide all

questions of order without debate and shall declare all votes. The assignment of bills to

committee shall be at the discretion of the president of the senate subject to rule 4.5; provided,

however, that the president of the senate may delegate such authority to the majority leader of the

senate.

     2.3 Appealing the Ruling of Presiding Officer.

     Any senator may appeal the ruling of the presiding officer by rising as soon as the ruling

is made, even though another has the floor and, without waiting to be recognized by the chair,

stating, "I appeal the ruling of the chair," and upon such appeal being seconded, the presiding

officer shall immediately and without debate put the question, "Shall the ruling of the chair be

sustained?", which question shall be decided by majority vote of the senators present and voting.

Once sustained, the ruling shall not be subject to another appeal on the same point.

SECTION 3

ORDER OF BUSINESS ON THE SENATE FLOOR

     3.1 Commencement of Daily Session.

     The presiding officer shall take the chair each day at the hour to which the senate shall

have adjourned, call the senators to order, and record attendance by electronic roll call. Upon late

arrival, at any time prior to the adjournment of the senate a senator may report his or her presence

to the secretary of the senate who shall record the senator's attendance in the journal.

     3.2 Reading the Journal.

     The reading clerk of the senate shall, at the commencement of the session of each day,

read the proceedings of the previous day, unless such reading is dispensed with by a majority of

the senators present and voting.

     3.3 Daily Business.

      After the reading of the proceedings of the previous day the order of business shall be as

follows:

      (1) Introduction of guests

(2) Reports of committees

(3) Introduction and reference of new business

(4) Unfinished business

(5) Consideration of house transmittals

(6) Consent calendar

(7) Calendar

(8) Introduction of guests

(9) Personal privilege

(10) Unanimous consent

(11) Daily adjournment

     3.4 Final Adjournment.

     The last order of business of the senate shall be the vote in conformity with the resolution

of final adjournment which must be carried by a majority vote of the senators present and voting.

     3.5 Time for Sessions.

     Unless otherwise provided for by agreement of president of the senate, the majority

leader and minority leader, sessions of the senate shall convene at 4:00 p.m. All sessions must

adjourn at or before 11:00 p.m.

SECTION 4

ACTS AND RESOLUTIONS

     4.1 Form of Bills.

     Every bill offered which is intended to amend any part or parts of an existing statute or

section of the constitution or rules of the senate, any part or parts intended to be stricken shall be

contained in the bill and by appropriate mechanical mark, struck through. All new matter

contained in the bill shall be underlined, underscored or printed in italics so that the new matter

shall be easily discerned. If the bill contains all new matter constituting a totally new law or a

totally new section, and the bill itself so indicates, no underlining, underscoring or italics shall be

required. Every bill containing a commission to which appointments shall be made shall be

indicated in the title of such bill.

     No bill without a body or substantive content shall be introduced at any time, nor shall a

substitute bill be accepted which is not consistent with the title and substance of the original bill.

     All bills introduced on behalf of any general officer, branch, department or division of

state government shall be stamped on the face sheet thereof with the title of the general officer or

the name of the branch, department or division on whose behalf the bill is introduced.

      Other than the prime sponsor of a bill, a senator may elect in writing to the secretary of

the senate to have his/her name disassociated from the bill and the secretary of the senate shall

immediately notify the committee clerk to which the bill is assigned.

      All bills shall be processed through legislative council.

     4.2 Explanation of Bills.

     There shall be attached to each bill a brief explanation thereof and the explanation of

such bill shall indicate the proposed changes, and/or the statute or existing law which such bill

purports to amend.

     4.3 Copies of Bills.

     Each bill introduced shall be accompanied by not less than eight (8) copies thereof, with

said copies delivered by the secretary of the senate to the office of the president of the senate for

subsequent distribution as determined by the president of the senate. Nothing in this section shall

prevent a senator from obtaining a preliminary draft of legislation for his/her review prior to

introduction.

     4.4 Prefiling.

     A bill may be filed by any senator or senator-elect by registered mail or in person with

the secretary of the senate at any time from November 15 to the day prior to the commencement

of the regular annual session. The secretary of the senate shall immediately date and number such

bill, present the bill to the president of the senate for the purposes of assigning it to committee,

order it printed, as required by section 4.11 hereof, and make said bill available for first reading

on the second day of the succeeding session.

     4.5 Filing with Secretary of the Senate.

     All senators desiring to introduce a bill shall file the bill with the secretary of the senate

not later than the time at which the presiding officer calls the senate to order. The secretary of the

senate shall transmit to the office of the president of the senate all bills on the day of their

introduction. On the day of introduction, the president shall, upon adjournment, assign bills to

committee. The secretary of the senate shall cause all bills introduced to be published in the

senate journal for that day. Any senator may object to the committee assignment of any bill on the

first or second legislative day following the bill's introduction. Upon objection being made, the

presiding officer shall assign the bill to the committee requested by the senator making the

objection; provided, however, that if another senator objects to any assignment or proposed

assignment of the bill, then the presiding officer shall call for a vote of the senate on any motion

for assignment which has been made and seconded, such motion requiring a majority vote of

those Senators present and voting for assignment to a particular committee. First reading of all

such bills and resolutions shall be by acceptance of the bill and the committee assignment.

     4.6 Deadline for Introductions.

      No public bill shall be introduced in the senate after February 10, 2005 for the year 2005

and February 9, 2006 for the year 2006, except by consent of a majority of the senators present

and voting. Except as otherwise expressly directed by the president of the senate, all requests for

the preparation of public bills shall be submitted to the offices of Legislative Council no later than

the close of business on the Friday next preceding the bill-introduction deadline set forth herein.

     4.7 Omnibus Claims Against the State and Forfeitures of Charters.

      (a) Claims against the state in the amount of one thousand dollars ($1,000) or less shall

not be presented in bill or resolution form, but shall be submitted to the clerk of the joint

committee on accounts and claims in writing upon a form approved by the chairperson of the

joint committee on accounts and claims. Any claims approved by the joint committee shall be

submitted in the form of an omnibus bill which will be placed upon the consent calendar.

      (b) All acts seeking to vacate the forfeiture of a charter previously granted under the laws

of this state shall be placed upon the consent calendar.

     4.8 Resolutions of Congratulations and Condolences.

     Notwithstanding any other provisions of these rules, all resolutions of congratulations or

expressing sympathy or condolences except with respect to former and present members of the

general assembly, general officers, members of the judiciary and elected state or federal officials,

shall be in order for introduction and consideration on the last legislative day of each week,

unless otherwise ordered by the president of the senate. Said resolution of congratulations and

condolences shall not require concurrent action; upon passage, shall be forthwith transmitted to

the secretary of state, and an appropriate notice of the action of the senate thereon shall be

forwarded, as requested in the resolution, by the secretary of state. One formal resolution may

include all the expressions of sympathy or congratulations of the several senators.

     4.9 Enactment of Laws.

     The concurrence of the two houses in the same session shall be necessary for the

enactment of all bills except for senate resolutions.

     4.10 Printing Requirements.

     4.10-1 Public Bills.

     No public bill shall be considered upon its merits unless it has been electronically

available to the members at least two (2) days prior to its consideration on the merits, except any

public bill passed by the senate and amended by the house, provided that the amended public bill

shall be electronically available to the senators before consideration.

     4.10-2 Committee Amendments.

     No public bill amended in a committee of the senate shall be considered upon the senate

floor unless it has been electronically available to the senators.

     4.10-3 Materially Altered Bills.

     Whenever a committee shall have determined to report a bill which has been materially

altered by the committee, the committee chair shall forthwith provide for printing and electronic

reproduction of the same. In the event that a bill is not deemed to have been materially altered,

which determination shall be made by the committee chair, a bill shall be printed only upon the

request of the president of the senate, the majority leader or the minority leader. Nothing in these

rules shall preclude the committee chair, with a majority of the committee, to change an act to a

resolution or a resolution to an act on a substitute bill.

     4.11 Copies of Bills and Voting Records.

     The secretary of the senate shall retain in the files of the senate as many copies of each

bill as the secretary of the senate deems necessary and the voting records on each question.

      4.12 Requests for Funding of Community Service Objectives.

      Requests for the funding of community service objectives grants shall not be presented in

bill or resolution form, but shall be submitted to the senate fiscal advisor in writing upon a form

approved by the chairperson of the senate committee on finance.

SECTION 5

COMMITTEES

     5.1 Standing Committees.

     The senate shall have, from and after the adoption of these rules, the following standing

committees:

     5.1-1 Committee on Judiciary.

     It shall be the duty of the committee on judiciary to consider the appointments of the

governor referred to it by the senate which require the advice and consent of the senate and all

legislation and matters which affect the penal code, judicial system, and election laws of the state,

and to consider such other matters as may be referred to it by the senate. In the matters of judicial

appointments and those public hearings designated by the committee chair, all testimony shall be

under oath and preserved by stenographic record which shall be transcribed upon the order of the

chair.

     5.1-2 Committee on Finance.

     It shall be the duty of the committee on finance to consider the appointments of the

governor referred to it by the senate which require the advice and consent of the senate and all

legislation and matters relative to veterans affairs, revenue, appropriations and taxes, to inquire

into the state of the public debt, to report from time to time its opinion thereon and such

propositions relative thereto as it shall deem expedient, and to consider such other matters as may

be referred to it by the senate. The chair of the committee shall be authorized to appoint as many

sub-committees as he or she deems necessary, including, but not limited to, a sub-committee on

veterans affairs.

     5.1-3 Committee on Commerce, Housing and Municipal Government.

     It shall be the duty of the committee on commerce, housing and municipal government to

consider the appointments of the governor referred to it by the senate which require the advice

and consent of the senate and all legislation and matters affecting commerce, profit as well as not-

for-profit business corporations, housing, municipal government and to consider such other

matters as may be referred to it by the senate.

     5.1-4 Committee on Labor.

     It shall be the duty of the committee on labor to consider the appointments of the

governor referred to it by the senate which require the advice and consent of the senate and all

legislation and matters relating to the workers' compensation and labor laws of the state and to

consider such other matters as may be referred to it by the senate.

     5.1-5 Committee on Constitutional and Gaming Issues.

     It shall be the duty of the committee on constitutional and gaming issues to consider the

appointments of the governor referred to it by the senate which require the advice and consent of

the senate and all legislation and matters relating to constitutional amendments, liquor laws,

gaming issues, license plates, domestic animals, commissions and resolutions, and to consider

such other matters as may be referred to it by the senate.

     5.1-6 Committee on Health and Human Services.

     It shall be the duty of the committee on health and human services to consider the

appointments of the governor referred to it by the senate which require the advice and consent of

the senate and to consider all reports of the departments of health, of human services, of mental

health, retardation and hospitals, of children and their families, and of elderly affairs; to consider

all legislation and matters expanding or defining further areas of responsibility of the foregoing

and to consider all legislation and matters relative to public health and welfare; health care and

human service access and quality; health and human service professional standards of practice,

and facility standards of care; and to consider such other matters as may be referred to it by the

senate.

     5.1-7 Committee on Education.

     It shall be the duty of the committee on education to consider the appointments of the

governor referred to it by the senate which require the advice and consent of the senate and all

legislation and matters relating to student performance, governance, programming, teacher

preparation and planning, as well as the work and operation of all state agencies regarding all

levels of education, make findings, and recommend policy initiatives and other actions to the

general assembly. The commission shall also exercise oversight in relation to the implementation

of all legislation and grants of authority relating to all levels of public education in the state by all

agencies, state and local, charged and empowered by the general assembly in relating to all levels

of public education and to consider such other matters as may be referred to it by the senate.

     5.1-8 Committee on Financial Services, Technology and Regulatory Issues.

     It shall be the duty of the committee on financial services, technology and regulatory

issues to consider the appointments of the governor referred to it by the senate which require the

advice and consent of the senate and all legislation and matters relating to financial institutions,

business regulation, property and casualty insurance, technology and telecommunications, and to

consider such other matters as may be referred to it by the senate.

     5.1-9 Committee on Environment and Agriculture.

     It shall be the duty of the committee on environment and agriculture to consider the

appointments of the governor referred to it by the senate which require the advice and consent of

the senate and all legislation and matters relating to the conservation of the air, land, water, plant,

animal, mineral and other natural resources of the state, and to adopt all means necessary and

proper by law to protect the natural environment of the people of the state by providing adequate

resource planning for the control and regulation of the use of the natural resources of the state and

for the preservation, regeneration, and restoration of the natural environment of the state and to

consider such other matters as may be referred to it by the senate.

     5.1-10 Committee on Government Oversight.

     It shall be the duty of the committee on government oversight to consider the

appointments of the governor referred to it by the senate which require the advice and consent of

the senate, and (1) to monitor and evaluate past, current and prospective performance of public

bodies and statutory entities, including quasi-public agencies that exercise executive

governmental functions (except public bodies and statutory entities of the legislative and judiciary

branches of the state) and any other public or private person, including any agencies,

partnerships, corporation or business entity insofar as such person is acting on behalf of and/or in

place of any public agency; (2) to consider all legislation and matters pertaining to past, current

and prospective performance of the governmental functions of such public bodies, statutory

entities, including quasi-public agencies, and public or private persons; (3) to consider the

organization, reorganization, creation or termination of such public bodies, statutory entities,

including quasi-public agencies and public or private persons; (4) to review and consider the

reports of the auditor general; (5) to report its opinion and/or recommendation of legislation or

action regarding the foregoing matters; (6) to consider legislation that is designed to ensure the

probity of public affairs, including, but not limited to, ethics, open meetings and access to public

records; and (7) to consider such other matters that are referred to it by the senate.

     5.1-11 Committee on Senate Rules.

     It shall be the duty of the committee on senate rules to consider all matters relating to the

rules of the senate.

     5.2 Committee Membership.

     Each of the standing committees of the senate shall consist of the president of the senate

and the majority and minority leaders of the senate, ex officio, with voting rights, and senators to

be appointed by the president of the senate, each to serve until January 2, 2007. Provided,

however, that the president of the senate may change the committee assignment of a member with

the member's consent; and provided, further, however, that each senator other than the president

and the majority and minority leaders, shall serve as a member of one of the following standing

committees: committee on commerce, housing and municipal government; committee on

financial services, technology and regulatory issues; committee on finance; committee on the

judiciary.

     5.3 Vacancies on Committees.

     All vacancies occurring in any committee of the senate shall be filled by the president of

the senate.

     5.4 Officers of Committees.

     The president of the senate shall appoint from the membership of each committee a chair,

vice chair and secretary and such other committee officers as the president of the senate deems

appropriate.

     5.5 Select Committees.

     The senate may, from time to time, by resolution, provide for the establishment of select

committees upon such subjects as it may deem proper, and upon the adoption of such resolution,

the president of the senate shall appoint the chair and members thereof, and shall provide for

minority party representation. Any committee created pursuant to this rule shall be deemed a

standing committee for all purposes of law, including the applicability of section 22-6-2.1 of the

general laws.

     5.6 Referral to Committee.

     No bill shall be considered or acted upon by the senate unless the same has been

considered by, reported, or recalled from a committee thereof, or from a joint committee, except

as otherwise provided in these rules. All acts seeking to vacate the forfeiture of a charter

previously granted under the laws of this state shall not be referred to committee but rather

directly assigned to the calendar.

     5.7 Committees of Conference.

     There shall be appointed from time to time committees of conference to which are

referred matters of difference with the house with respect to bills or resolutions. Such committees

shall be appointed by the speaker and the president of the senate, and shall be comprised of five

(5) members from the house and five (5) members from the senate. At least one (1) member in

each chamber shall be a member of the minority party. When possible, one (1) member shall be

the prime sponsor of the bill or resolution being considered before the committee of conference

and one (1) member shall be from the committee that shall have considered the bill or resolution.

The committee may propose any changes within the scope of the bill or resolution, but any action,

including changes, taken by committee shall be by a majority vote of the members of each

chamber on the committee. The committee report shall be made to both chambers at the same

time. Each chamber shall vote to accept or reject the report. A vote by either chamber to accept

the report of the committee shall be the final action by that chamber on the bill or resolution. If

both chambers vote to accept the report of the committee, the bill is passed or the resolution

adopted as of the time the last chamber votes to accept the report. If either chamber rejects the

report of the committee, the bill or resolution is defeated and the second chamber shall not be

required to consider the committee report. The report of the committee may be accepted or

rejected, but it may not be amended. The committee report shall contain the following

information: the bill number and title, the members of the committee, the action of the committee,

and the signature of the members of the committee accepting or rejecting the report.

     The conferees shall confine themselves to the differences which exist within bills or

resolutions between the house and senate. The presentation of reports of committees of

conference shall be in order after having been signed by a majority of the members of the

committee of each chamber. Consideration of a report of a committee of conference by the

senate shall be in order when it has been made electronically available to all members and listed

on the calendar for the required period of time according to these rules.

     SECTION 6

PROCEEDINGS IN COMMITTEE

     6.1 Time for Committee Meetings.

     The president of the senate, in consultation with the chairs, shall establish regular days

and times for the meetings of all standing committees. The committee chair may call such other

meetings as may be required to conduct the business of the committee.

     6.2 Committee Agenda -- Posting.

     At least forty-eight (48) hours before any standing committee meeting, a committee

agenda containing the number, title and a short explanation of the bill to be considered must be

placed on the bulletin boards provided for such agenda. The rule shall not apply to bills

previously passed by the senate and amended by the house. There shall be at least two (2) bulletin

boards for such posting, at least one (1) of which shall be for the public's use and shall be under

the control of and situated at the main entrance to the state library. There shall also be at least one

(1) bulletin board for the exclusive use of the senators which shall be situated in a convenient

location.

     6.3 Convening of Meeting.

     The chair of the committee or, in the chair's absence, the vice chair, shall call all regular

sessions of the committee, set agenda and proceed with the order of business.

     6.4 Public Participation.

     6.4-1 Open Meetings.

     Every standing committee meeting, except executive sessions, shall be open to the public

during the consideration of all matters coming before it. At such open meetings, persons other

than members of the committee may testify at the discretion of the committee chair.

     6.4-2 Executive Sessions.

     Any standing committee may be called into executive session by the chair or upon

motion of one of the committee members if the matter under consideration is deemed by the chair

to comply with those provisions of the "Open Meetings" law (chapter 42-46) which provides for

closed meetings; provided, however, when the chair of any standing committee calls the

committee into executive session, the majority of those members present in the executive session

may vote not to meet in executive session after having heard the reasons for such executive

session but no other votes shall be permitted in executive sessions. The chair of the committee

which may be called into executive session shall provide a general description to the public of the

reason for calling such committee into executive session.

     6.4-3 Public Hearings.

     In the discretion of the chair, public hearings may be advertised in newspapers,

stenographic records kept and hearings held at locations other than the state house. The purpose

of the public hearing shall be to solicit the comments of the public on the matter being

considered. At the public hearing all persons shall be permitted to testify; provided, however, the

committee chair may limit the amount of time allotted to speakers except that the prime sponsor

shall not have a time limit to speak and shall upon request be the first speaker at the hearing.

After the public hearing has been held for a reasonable period and if there are still persons

wishing to speak, the committee chair may continue the hearing until another date.

     6.5 Hearing and Consideration of Bills.

     (a) Upon a written request by the prime sponsor of any public bill received by the

secretary of the senate before the closing of the next legislative day after the deadline for

introduction as specified in section 4.6 that a committee hearing be held with respect to such bill,

the committee chair shall schedule a committee hearing within eight (8) days of such request

unless a later date is agreed to by the prime sponsor. "Received" as used herein shall mean receipt

in hand by the secretary of the senate or his/her designee. The secretary shall note the date and

time of receipt on the request and such notation shall be dispositive. The committee chair may

consider hearings on related matters. The committee shall consider said bill not more than eight

(8) days after the committee hearing, unless a later date is agreed to by the prime sponsor. If the

committee does not consider the bill then the committee shall be discharged of its responsibility

to consider such bill and such bill shall be placed on the senate calendar pursuant to section 7.6

hereof. Consideration by a committee shall be interpreted to mean any one of the following

actions: recommendation of passage, recommendation of passage as amended, transfer to another

committee, indefinite postponement, hold for further study or defeat of the bill.

     (b) Provided further, the minority leader may request in writing within twenty-four (24)

hours after the deadline for introductions specified in section 4.6 a hearing on any senate bill in

committee.

     (c) In the event a request is made pursuant to this rule at a time less than sixteen (16) days

before the deadline for committee consideration set forth in section 6.9, then such request shall

not be proper and shall be automatically denied.

     6.6 Quorum.

     A committee shall not vote upon any bill in the absence of a quorum which shall consist

of a majority of the committee's membership; provided, however, that at the discretion of the

chair, less than a quorum may conduct any hearing including public hearings.

     6.7 Minority Representation.

     When there is no minority member present and the committee is to consider a bill, the

committee chair shall notify the office of the minority leader that there is no senator from the

minority present. Unless waived by the minority leader, the committee shall not conduct business

for a reasonable time or until a senator from the minority is present.

     6.8 Committee Votes.

     All votes in committee on public bills shall be a recorded roll call vote. The vote upon all

motions or bills not considered a "public bill" shall, upon the request of any member of the

committee, be a recorded roll call vote. Otherwise all votes shall be put by yeas and nays.

Committee chairs shall submit all bills approved by committee to the floor forthwith, with a

record of the committee vote.

     6.9 Deadline for Consideration.

     After April 14, 2005 for the year 2005 and April 13, 2006 for the year 2006, committees

shall consider only those public bills which have been acted upon and transmitted to the senate by

the house of representatives; provided, however, that the president of the senate may request a

senate committee to immediately consider a senate bill then in committee and said bill shall be

considered by the committee.

     6.10 Discharge from Committee.

     No bill shall be taken or called from any such committee, or the committee discharged

from the consideration thereof, except:

     (a) By a two-thirds (2/3) recorded vote of all the members elected to the senate by a

petition in writing signed by a majority of all persons elected to the senate and distributed to each

senator before the vote, or

     (b) Any senator may present a petition, in writing, to discharge a committee from further

consideration of a bill which has been in the possession of the committee for sixteen (16) days

without having been considered, but only one petition on a particular bill may be presented during

the course of a session. Prior to presenting the petition, the senator must introduce a resolution of

intent to discharge such committee. Such resolution of intent shall contain the bill number and the

committee to be discharged. The presiding officer shall cause the resolution of intent to be printed

in the journal of the senate. The petition shall be placed in the custody of the presiding officer

who shall arrange some convenient place for the signatures of the senators to be placed thereon in

the presence of the reading clerk during the hours in which the senate is in session. A signature

may be withdrawn by a senator at any time before the petition shall become effective.

     On the first day of each week, there shall be printed in the journal of the senate the

petitions pending under these rules, together with the signatures thereto; provided, however, that

as soon as a majority of all the senators elected to the senate shall have affixed their signatures to

any such petition to discharge a committee under this rule, the presiding officer shall cause notice

thereof to be given to chair and clerk of the committee to which such bill was referred, and such

notice shall, thereupon, automatically discharge the committee from further consideration of the

bill and the bill shall be placed upon the calendar in accordance with section 7.6 hereof.

     (c) Nothing contained in this section shall be construed to change the deadline for

consideration as specified in section 6.9.

     6.11 Compelling Committee Action.

     If a committee to which a bill has been referred fails to consider such bill within sixteen

(16) days of its introduction or transmittal, the prime sponsor of such bill, or four (4) committee

members, may, in writing, request the chair of the committee, through the presiding officer of the

senate, that such bill be considered. The request shall be printed in the journal of the senate. The

committee shall consider such bill at its first meeting held at least two (2) days after such request

is made. If the committee does not consider the bill within eight (8) days of receipt of the request

then the committee shall be discharged of its responsibility to consider such bill and such bill

shall be placed on the senate calendar pursuant to section 7.6 hereof. Consideration by a

committee shall be interpreted to mean any one of the following actions: recommendation of

passage, recommendation of passage as amended, transfer to another committee, indefinite

postponement, hold for further study or defeat of the bill. Nothing contained in this section shall

be construed to change the deadline for consideration as specified in section 6.9.

     6.12 Defeat of a Bill.

     Once a bill is defeated in committee, the same shall not be acted upon or considered

again during the same legislative year.

     6.13 Indefinite Postponement.

     Whenever any bill is postponed indefinitely in committee, the same shall not be acted

upon or considered again during the same legislative year.

     6.14 Transfer of Bills.

     In the event the chair of any standing committee determines that any bill then pending

before the committee would more properly be pending before another standing committee of the

senate, the chair shall transfer such bill to such other standing committee as is deemed appropriate

during the reports of committees.

     6.15 Committee Records.

     All recorded votes of committees, all written testimony submitted to a committee, and the

transcripts of any recorded testimony shall be retained by the clerk of each committee, shall

constitute public records, and shall be available for inspection to any senator and to any person

upon request. All committee votes, transcripts and testimony shall be transmitted to the secretary

of state pursuant to state law and senate policy following final adjournment in even numbered

years.

     6.16 Attribution of Bills.

     Upon presentation of testimony before a committee, the prime sponsor of the bill shall

provide to the committee the name of any individual, group or organization responsible for the

substantive basis or text of the bill.

     SECTION 7

PROCEEDINGS ON THE SENATE FLOOR

     7.1 Right to the Floor.

     No senator shall address another except through the presiding officer. A senator shall rise

to put a question, may state it or read a paper sitting. When any senator wishes to speak or to

deliver any matter to the senate, the senator shall press his or her recognition control and the

presiding officer shall recognize the senator who so requests recognition and the order of

recognition shall be determined by the presiding officer. The senator so recognized shall not be

interrupted while speaking except by a call to order or a motion to suspend section 3.5. The

senator shall then immediately be seated unless permitted by the senate to proceed, which shall be

determined upon motion without debate. No senator shall speak more than twice on the same

question without leave of the senate which shall be determined without debate, nor more than

once until the other senators who have not spoken shall speak if they so desire, provided, however

that a senator may yield his or her right to the floor to another senator.

     7.2 Personal Privilege.

     Only at the time provided for in section 3.3, a senator may claim the floor to address the

senate on personal privilege. Personal privilege shall include the right to reply to criticism, or to

discuss anything clearly derogatory to the member or which reflects upon his or her character that

appears in the press or other public medium but shall not include the right to discuss favorable

references to the senator, nor to reply to generalized criticism of the senate which does not refer

to him or to her specifically, nor to attack another member of the senate personally. Whether a

member's remarks constitute personal privilege shall be determined by the presiding officer.

     7.3 Unanimous Consent.

     Only at the time provided for in section 3.3, a senator may request unanimous consent of

the senators present to address the senate on a topic or matter of importance to the welfare of the

state. A senator granted the right to so address the senate may be interrupted at any time by

another senator who wishes to object to the first senator's right to continue to address the senate

and upon such objection the first senator's right to address the senate shall terminate.

     7.4 Language.

     No senator shall use profane, insulting, or abusive language in the course of public debate

in the senate chamber, or in testimony before any committee of the general assembly.

     7.5 Priority of Business.

     All questions relating to priority of business to be acted upon shall be decided by the

presiding officer without debate.

     7.6 Calendar.

     There shall be a calendar kept by the secretary of the senate upon which shall be placed

the bills reported by all committees, and all other matters ordered placed thereon by the senate.

Matters on the calendar shall be arranged by the secretary of the senate in numerical order by

committee unless otherwise ordered by the president of the senate in agreement with the majority

leader and the minority leader. Such calendar shall be electronically available to all members of

the senate. Except as provided in section 7.13, and during consideration of the calendar, no other

business shall intervene except to receive a message communication from the house or a motion

to suspend section 3.5.

     All business on the calendar not disposed of at the time of adjournment shall be first in

order on the calendar the next day. No matter of business on the calendar shall be considered

upon its merits unless it has been on such calendar at least two (2) days; except that the president

of the senate may order a bill placed on the calendar for more than two (2) days; provided,

however, a bill passed by the senate and amended by the house of representatives may be

considered by the senate without being on the calendar for two (2) days if the requirements of

section 4.10-1 have been met.

     7.7 Consent Calendar.

     Notwithstanding the provisions of section 7.6, the secretary of the senate shall also

maintain a separate calendar, designated as the consent calendar, upon which shall be placed all

bills which are not public bills. Matters on the consent calendar shall be in order for disposal on

each day and shall include all such matters reported or referred thereto from the previous day.

Such consent calendar shall be posted in the chamber of the senate. All matters on the consent

calendar shall be disposed by a single motion except such matters as may be objected to by any

single senator, which said matter or matters shall be held over on the regular calendar for the next

day.

     7.8 Reports of Joint Committees.

     No bill reported by or forwarded on the recommendation of a joint committee of the two

houses shall be in order for concurrence by the senate if it shall appear that the members of such

joint committee on the part of the senate, if in attendance on the general assembly, shall not have

been notified or present when the subject was acted on by such joint committee. No report shall

be acted on in the senate from any joint committee unless as subscribed by a senator who is a

member of said committee. Any report from a joint committee shall be made on the floor of the

senate by a member of said committee, notwithstanding that said member may not have

concurred in the report and said report shall be held on the desk unless ordered placed on the

calendar pursuant to section 7.6 by the president of the senate or by a majority vote of the senate.

     7.9 Messages from the House.

     When a message is received from the house of representatives, transmitting any papers,

the secretary of the senate shall transmit to the office of the president of the senate all house

transmittals received on that day. The president of the senate shall assign house transmittals to

committees upon adjournment of the senate. The secretary of the senate shall cause all house

transmittals to be published in the senate journal for the day such transmittals are received. Any

senator may object to the committee assignment for any transmittal received during the previous

legislative day. Upon objection being made, the presiding officer shall assign the transmittal to

the committee requested by the senator making the objection, provided, however, that if another

senator objects to any assignment or proposed assignment of the transmittal, then the presiding

officer shall call for a vote of the senate on any motion for assignment which has been made and

seconded, such motion requiring a majority vote of those senators present and voting for

assignment to a particular committee.

     During the time for consideration of house transmittals, a senator may move for

immediate consideration of a house transmittal, received by the secretary of the senate on the

previous legislative day. If there is no objection to the motion, it is deemed to be approved, but if

there is objection to the motion for immediate consideration, the presiding officer shall submit the

motion to a vote of the senate, such motion for immediate consideration shall require the votes of

two-thirds (2/3) of those senators present and voting, for approval.

     7.10 Amendments.

     No senator may amend from the floor any bill pending before the senate unless such

amendment be submitted, electronically or in writing, with sufficient copies signed by the

proponent, and read to the body; provided, however, that no amendment to the annual budget bill

making appropriations for the support of the state may be offered, except with the agreement of

two-thirds (2/3) of the members present, unless copies thereof shall have been filed with the

secretary of the senate no later than 12:00 o'clock noon on the legislative day preceding the

legislative day on which the budget bill shall be in order for consideration.

     7.11 Votes in Concurrence.

     Whenever any bill shall come before the senate for concurrence, and be concurred in

without amendments, or nonconcurred with, the secretary of the senate may announce the

concurrence or nonconcurrence to the other house with the title of the bill or paper, but the

original bill concurred in by the senate without amendments or non-concurred with, shall not be

transmitted to the other house.

     7.12 Motions.

     No motion shall be debated until it has been seconded. For the purpose of recorded votes

only the first second shall be recorded. A motion may be withdrawn by the mover at any time

before a decision or a motion to amend, except a motion to reconsider, which shall not be

withdrawn after the time has elapsed within which it could be originally made.

     7.13 Interruption of Debate.

     When a question is under debate, no motion shall be received except to suspend section

3.5, to adjourn, to recommit, for the previous question, to close debate, to fix a time for closing

debate, to take a recess, to lay on the table, to take from the table, to transmit, to postpone

indefinitely, or to amend, and any motion or resolution the purpose of which is to take any bill or

any other matter from committees of the senate or to discharge a committee from the

consideration thereof, which several motions shall have precedence in the order in which they are

here arranged and shall be decided by majority vote without debate.

     7.14 Adjournment.

     When time for meeting of the senate shall have been previously fixed, a motion to

adjourn and a motion to suspend section 3.5 shall always be in order. The senate shall not be

adjourned except by affirmative vote of a majority of the senators present and voting.

     7.15 Lay on the Table.

     When an amendment proposed to any pending measure be laid on the table, it shall not

carry with it, or prejudice such measure.

     7.16 Dividing Questions.

     A question that is susceptible of division shall, at the request of the majority, be divided

and put separately upon the propositions of which it is compounded.

     7.17 Non-Germane Amendments.

     No motion or proposition of a subject different from that under consideration shall be

admitted under color of amendment.

     7.18 Reconsideration.

     When any vote is passed any senator recorded voting with the prevailing side may by

motion made on the same day move to reconsider it on the same or next day of the same session;

when a bill is reconsidered it shall not be reconsidered again during the session. Bills and other

papers in reference to which any senator has a right to move reconsideration, shall, unless

otherwise ordered, remain in the possession of the secretary of the senate until the right of

reconsideration has expired. The privilege to reconsider granted by this rule may be suspended by

a majority vote of the senators present and voting.

     7.19 Printed Material.

     If the reading of any printed or written paper be objected to, the matter shall be

determined by a majority vote of the senate without debate.

     7.20 Recommittal.

     No motion to recommit shall be entertained by the presiding officer as to any bill which

is placed on the calendar as the result of section 6.10 until every senator desiring to be heard has

been recognized, notwithstanding the provisions of section 7.13.

     7.21 Immediate Consideration.

     During the time for introduction and reference of new business, as provided in section

3.3, a senator may introduce a bill and move for immediate consideration of the bill at that time.

If there is no objection to the motion, it is deemed to be approved, but if there is objection to the

motion for immediate consideration, the presiding officer shall submit the motion to a vote of the

senate; such motion for immediate consideration shall require the votes of two-thirds (2/3) of

those senators present and voting, for approval. If the bill is not available electronically to all

members of the senate at the time of the request for immediate consideration, then a hard copy of

the bill shall be made available to any senator upon request.

     SECTION 8

VOTING ON THE SENATE FLOOR

     8.1 Method of Voting.

     The electronic roll of the senate shall be called upon any vote pertaining to a public bill

and on any other vote at the request of any senator present; otherwise, votes shall be put by yeas

and nays. In naming sums or numbers, and fixing times, the largest sum or longest time shall be

put first.

     8.2 Voting Machine Inoperative.

     In the event the machine is not to be used to record a vote or is not operating properly, all

votes and other determinations may be taken as required by senate rules, either by voice vote,

division vote or by calling the roll alphabetically and recording the yeas and nays. If a senator's

voting device is out of order, the senator shall rise and announce it to the presiding officer and

cast his or her vote orally prior to the declaration of the result of the vote.

     8.3 Who May Vote.

     Any member who is present in the senate chamber must vote. Any senator who is not in

the chamber at such time, but who returns before the machine is locked, shall be permitted to

vote.

     8.4 Control of Electronic Voting System.

     The electronic voting system shall be under the control of the presiding officer and shall

be operated by such personnel as the president of the senate so designates.

     8.5 Conducting a Vote.

     At a reasonable time, prior to any vote being taken, the presiding officer shall announce

that a vote is about to be taken. When any senator other than the president of the senate is

presiding, such senator may direct either the Secretary of the Senate or the reading clerk to cast

his or her vote at his or her voting station, but at no other time may a senator designate any other

person to cast his or her vote. Until the completion of the voting, no senator shall be recognized,

and no other business shall be transacted. When sufficient time has elapsed for each senator to

vote prior to locking the machine, the presiding officer shall ask if any member present desires to

vote or change his or her vote. The presiding officer shall then order the machine locked and

activate the recording process. The voting machine shall remain locked between all votes.

     8.6 Announcing the Tally.

     When the vote is completely recorded, the Secretary of the Senate shall advise the

presiding officer of the result; and the presiding officer shall announce the result to the senate and

the result shall be recorded in the journal.

     8.7 Changing a Vote.

     No vote may be changed after the system has been locked and the vote recorded except

that, after a vote has been recorded, any senator may, by a majority vote of the senate, request that

his or her vote be changed, provided that such change be effected on the same day as his or her

original vote.

     8.8 Recording Votes.

     8.8-1 On any recorded vote, no senator shall be recorded as having voted unless he or she

     has been recorded or recognized as being present prior to the conduct of said vote.

     8.8-2 Upon request, on any non-recorded vote, any senator shall have his or her vote

recorded so that it shall appear in the journal of the senate.

     8.9 Voting for Another.

     No senator may vote for another senator; nor may any person cast a vote for a senator,

except as otherwise provided in section 8.5. A senator who voted for another senator may be

punished in a manner the senate determines. A person voting for a senator, when not authorized

by section 8.5, is barred from the floor of the senate and may be further punished as the senate

determines.

     8.10 Explanation of Vote.

     No explanation of any vote will be permitted during the voting or after a vote has been

cast.

     8.11 Statement of the Question.

     After the question has been put, but before the system is locked, any senator may call for

a statement of the question.

     8.12 No Interruption.

     While the presiding officer is putting the question, or the vote is being recorded, no

senator shall speak or leave his or her place.

     SECTION 9

MISCELLANEOUS

     9.1 Legislative Aides.

     The president of the senate may appoint and prescribe the duties and terms of a

parliamentarian and one head page and as many assistant pages, doorkeepers and legislative aides

as the president of the senate shall deem necessary; and any or all of them may be removed at the

pleasure of the president of the senate.

     9.2 Absence of a Quorum.

     When there shall be seven (7) or more senators, but less than a quorum of the senate

present, a majority of the senators present may direct the presiding officer to compel the

attendance of absent senators in accordance with law.

     9.3 Amendment and Suspension of Rules.

     No rule shall be repealed, suspended or amended, or the operation thereof temporarily

suspended except by two-thirds (2/3) of the members present and voting.

     9.4 Access to the Senate Floor.

     9.4-1 Lobbying.

     Lobbying on the floor of the senate while the senate is in session is prohibited; and no

lobbyist shall be admitted to the floor of the senate while the senate is in session; provided,

however, that the president may make special admission to the floor for persons who, by reason

of disability, are unable to gain access to the senate gallery.

     9.4-2 Credentials Required.

     Except as provided in Rule 9.4-1, current and former general officers of the state; judges

of the supreme, superior, family, district, workers' compensation and administrative adjudication

courts; current and former senators; current and former members of the house of representatives;

employees of the senate, the house of representatives and agencies of the general assembly; the

executive counsel and the chief administrative assistant to the governor or their designees; the

librarian of the state library; representatives of the news media; and other persons as may be

permitted by the president of the senate and subject to such limitations and regulations as the

president of the senate may from time to time prescribe. In no event shall any person be

permitted to be seated on the floor without permission of the president of the senate, the majority

leader and/or the minority leader.

     9.4-3 Senators' Seats.

     The seat of each senator shall be assigned by the president of the senate, and in no event

shall any other person be permitted to occupy such assigned seat.

     9.4-4 Sheriff's Duties.

     It shall be the duty of the sheriff, or the sheriff's deputies in attendance in the senate, or in

their absence, a member of the capitol police department, to see that rules 9.4-1, 9.4-2, 9.4-3, 9.4-

5 and 9.4-9 are enforced, and that all senate entrances and exits are kept completely clear and

open to passage to and from the chamber.

     9.4-5 Gallery.

     When the normal seating accommodations for visitors in the gallery have been filled, no

additional seats shall be installed, and no persons shall be thereafter admitted to the gallery of the

senate while in session except to fill vacancies.

     9.5 Confidentiality of Drafting.

     At the request of any senator or senate attorney to the director of the legislative council,

an entry into the word processing system may be made confidential so that the entry shall be

accessible only to the senator or senate attorney making such request or his or her designee. An

entry may be a bill, letter, memorandum or any other document.

     9.6 Misuse of Rules.

     If it appears that the rules are being used as a tactic to impede senate business, the

presiding officer may make a decision to that effect and put the matter before the senate and a

majority vote of the senators present shall sustain with finality the rule of the presiding officer.

     9.7 Extraordinary and Special Session.

     In the event of the calling of an extraordinary session of the general assembly by the

governor, or a reconvened session by the speaker of the house and the president of the senate,

said session shall be conducted pursuant to the foregoing rules; provided, however, that rules

4.11-1, 6.2, 7.6 and 7.8 are not applicable to any such session; and, provided further, that any bill,

act or resolution for consideration of which the session is called shall have been provided to the

members at least twenty-four (24) hours prior to the consideration of the senate.

     9.8 Robert's Rules.

     Robert's Rules of Order shall govern procedure on the senate floor and in the committees

of the senate in all cases in which they are not inconsistent with these rules or with any joint rules

of the senate and house.

     9.9 Use of Facilities.

     The senate locker room, lounge and corridor adjacent to them shall be for the exclusive

use of the senators and their guests.

     9.10 Decorum.

     No senator shall use profane, insulting or abusive language or act in any manner that

interferes with the orderly conduct of the session of the senate.

     9.11 Smoking Prohibited.

     Smoking shall be prohibited in all senate areas including, but not limited to: the chamber,

gallery, lounge, committee rooms, offices, restrooms or hallways. The presiding officer shall

enforce this rule.

     9.12 Consumption of Food and Alcoholic Beverages.

     The consumption of food and alcoholic beverages shall be prohibited in the senate

chamber.

     9.13 Appropriate Attire Required.

     All persons on the floor of the senate while the senate is in session shall be properly

dressed, and the presiding officer shall enforce this rule by appropriate means.

     9.14 Electronic Devices.

     During sessions cell phones shall not be used on the floor of the senate or in committee

hearing rooms when committee meetings are in session. Further, pagers may be used only on the

silent/vibrate mode.

     9-15 Photographic Equipment.

     During sessions, photographic equipment shall not be used on the floor of the senate or in

committee hearing rooms when committee meetings are in session unless he or she has the

permission of the president of the senate or the senate committee chair. This section shall not

apply to properly credentialed representatives of the news media.

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LC01287/SUB A

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