2007 -- S 147 SUBSTITUTE A AS AMENDED

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LC01024/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2007

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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

     Introduced By: Senator Daniel P. Connors

     Date Introduced: January 24, 2007

     Referred To: Senate Rules

It is enacted by the General Assembly as follows:

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

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this senate for the years 2005 and 2006 2007 and 2008.

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     RULES OF THE SENATE

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SECTION 1

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DEFINITIONS

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

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

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senate for consideration.

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

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

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legislative days.

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     1.3 "Public bill" shall include all bills except:

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

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

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

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

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

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

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some privilege, consideration or relief.

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

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

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

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of the senate.

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

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

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president pro tempore. The senate shall elect a majority deputy president pro tempore from

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

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

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

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president pro tempore, and the majority deputy president pro tempore. The senate shall elect a

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

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political party represented in the senate.

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

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

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

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

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

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

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

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the president of the senate.

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

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

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

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

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

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

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

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president of the senate.

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

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

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     SECTION 2

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PRESIDING OFFICER 

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     2.1 Presiding Officer.

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

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

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

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

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

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

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

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

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

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

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

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

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     2.2 Duties of the Presiding Officer.

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

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

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

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

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

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

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senate.

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     2.3 Appealing the Ruling of Presiding Officer.

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

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

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

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

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

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

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     SECTION 3

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ORDER OF BUSINESS ON THE SENATE FLOOR 

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     3.1 Commencement of Daily Session.

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

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

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

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

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     3.2 Reading the Journal.

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

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

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the senators present and voting.

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     3.3 Daily Business.

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

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follows:

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      (1) Introduction of guests

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      (2) Communications

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(2) (3) Reports of committees

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(3) (4) Introduction and reference of new business

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(4) (5) Unfinished business

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(5) (6) Consideration of house transmittals

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(6) (7) Consent calendar

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(7) (8) Calendar

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(8) (9) Introduction of guests

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(9) (10) Personal privilege

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(10) (11) Unanimous consent

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(11) (12) Daily adjournment

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     3.4 Final Adjournment.

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

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

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     3.5 Time for Sessions.

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

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

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adjourn at or before 11:00 p.m. 

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     SECTION 4

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ACTS AND RESOLUTIONS 

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     4.1 Form of Bills.

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

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part or parts intended to be stricken shall be contained in the bill and by appropriate mechanical

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mark, struck through. All new matter contained in the bill shall be underlined, underscored or

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printed in italics so that the new matter shall be easily discerned. If the bill contains all new

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matter constituting a totally new law or a totally new section, and the bill itself so indicates, no

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underlining, underscoring or italics shall be required. Every bill containing a commission to

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which appointments shall be made shall be indicated in the title of such bill.

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

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

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

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

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

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     A prime sponsor may withdraw a bill or resolution previously introduced at any time

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prior to its consideration by a committee, upon written request to the secretary of the senate.

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

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

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

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      All bills shall be processed through legislative council.

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     4.2 Explanation of Bills.

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

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

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purports to amend.

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     4.3 Copies of Bills.

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

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

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

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

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introduction.

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     4.4 Prefiling.

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

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

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

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

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

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on the second day of the succeeding session.

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     4.5 Filing with Secretary of the Senate.

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

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

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

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

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

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

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

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

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

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

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

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

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

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     4.6 Deadline for Introductions.

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      No public bill shall be introduced in the senate after February 10, 2005 February 8, 2007

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for the year 2005 2007 and February 9, 2006 February 7, 2008 for the year 2006 2008, except by

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consent of a majority of the senators present and voting. Except as otherwise expressly directed

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by the president of the senate, all requests for the preparation of public bills shall be submitted to

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the offices of Legislative Council no later than the close of business on the Friday next preceding

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the bill-introduction deadline set forth herein.

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     4.7 Omnibus Claims Against the State and Forfeitures of Charters.

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

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

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

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

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

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

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of this state shall be placed upon the consent calendar.

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     4.8 Resolutions of Congratulations and Condolences.

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

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

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

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

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

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

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

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

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

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     4.9 Enactment of Laws.

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

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enactment of all bills except for senate resolutions.

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     4.10 Printing Requirements.

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     4.10-1 Public Bills.

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

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

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

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shall be electronically available to the senators before consideration.

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     4.10-2 Committee Amendments.

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

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floor unless it has been electronically available to the senators.

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     4.10-3 Materially Altered Bills.

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

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

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

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

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

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

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

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     4.11 Copies of Bills and Voting Records.

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

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

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      4.12 Requests for Funding of Community Service Objectives.

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

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

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approved by the chairperson of the senate committee on finance.

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      4.13 Death of a member.

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      In the event that any member or member-elect shall die after filing and before

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consideration by committee, the death of said member or member-elect shall constitute automatic

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withdrawal of said bill or resolution and automatic withdrawal of the number of said bill or

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resolution and said number shall not be used again during the legislative session; provided,

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however, that where a bill or resolution shall have had more than one sponsor, said bill or

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resolution and number shall not be withdrawn and the member whose name appears second on

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said bill or resolution shall become the prime sponsor.

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     SECTION 5

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COMMITTEES 

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     5.1 Standing Committees.

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

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committees:

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     5.1-1 Committee on Judiciary.

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

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

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legislation and matters which affect the penal code, judicial system, ethics, open meetings, access

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to public records and election laws of the state, and to consider such other matters as may be

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referred to it by the senate. In the matters of judicial appointments and those public hearings

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designated by the committee chair, all testimony shall be under oath and preserved by

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stenographic record which shall be transcribed upon the order of the chair.

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     5.1-2 Committee on Finance.

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

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

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

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

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

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

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

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veterans affairs.

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

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

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

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

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

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

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     5.1-4 Committee on Labor.

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

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

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

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

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     5.1-5 Committee on Constitutional and Gaming Regulatory Issues.

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

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

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and consent of the senate and all legislation and matters relating to constitutional amendments,

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liquor laws, gaming issues, license plates, domestic animals, commissions and resolutions, and to

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

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     5.1-6 Committee on Health and Human Services.

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

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

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

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

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

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

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

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

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senate.

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     5.1-7 Committee on Education.

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

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

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

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

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

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

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

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

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

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

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

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

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

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institutions, business regulation, property and casualty insurance, technology and

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telecommunications, for profit as well as not-for-profit business entities, and to consider such

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

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     5.1-9 Committee on Environment and Agriculture.

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

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

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

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

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

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

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

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

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     5.1-10 Committee on Government Oversight.

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

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

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

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

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

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

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

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

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

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entities, including quasi-public agencies, and public or private persons; (3) (2) to consider the

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

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including quasi-public agencies and public or private persons; (4) (3) to review and consider the

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reports of the auditor general; (5) (4) to report its opinion and/or recommendation of legislation or

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action regarding the foregoing matters; (6) (5) to consider legislation that is designed to ensure

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

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public records any bill referred to it by the senate, including, but not limited to any act, resolve,

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resolution or petition; and (7) (6) to consider such other matters that are referred to it by the

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senate.

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     5.1-11 Committee on Senate Rules.

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

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rules of the senate.

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     5.2 Committee Membership.

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

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

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be appointed by the president of the senate, each to serve until January 2, 2007 January 6, 2009.

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

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

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

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

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committee on financial services, technology and regulatory issues; corporations; committee on

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finance; committee on the judiciary.

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     5.3 Vacancies on Committees.

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

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the senate.

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     5.4 Officers of Committees.

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

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

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appropriate.

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     5.5 Select Committees.

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

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

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

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

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

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general laws.

11-22

     5.6 Referral to Committee.

11-23

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

11-24

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

11-25

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

11-26

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

11-27

directly assigned to the calendar. 

11-28

     5.7 Committees of Conference.

11-29

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

11-30

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

11-31

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

11-32

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

11-33

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

11-34

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

12-1

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

12-2

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

12-3

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

12-4

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

12-5

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

12-6

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

12-7

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

12-8

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

12-9

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

12-10

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

12-11

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

12-12

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

12-13

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

12-14

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

12-15

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

12-16

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

12-17

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

12-18

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

12-19

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

12-20

     SECTION 6

12-21

PROCEEDINGS IN COMMITTEE 

12-22

     6.1 Time for Committee Meetings.

12-23

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

12-24

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

12-25

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

12-26

     6.2 Committee Agenda -- Posting.

12-27

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

12-28

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

12-29

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

12-30

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

12-31

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

12-32

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

12-33

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

12-34

location.

13-1

     6.3 Convening of Meeting.

13-2

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

13-3

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

13-4

     6.4 Public Participation.

13-5

     6.4-1 Open Meetings.

13-6

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

13-7

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

13-8

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

13-9

     6.4-2 Executive Sessions.

13-10

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

13-11

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

13-12

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

13-13

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

13-14

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

13-15

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

13-16

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

13-17

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

13-18

reason for calling such committee into executive session.

13-19

     6.4-3 Public Hearings.

13-20

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

13-21

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

13-22

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

13-23

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

13-24

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

13-25

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

13-26

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

13-27

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

13-28

     6.5 Hearing and Consideration of Bills.

13-29

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

13-30

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

13-31

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

13-32

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

13-33

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

13-34

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

14-1

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

14-2

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

14-3

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

14-4

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

14-5

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

14-6

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

14-7

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

14-8

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

14-9

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

14-10

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

14-11

committee.

14-12

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

14-13

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

14-14

not be proper and shall be automatically denied.

14-15

     6.6 Quorum.

14-16

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

14-17

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

14-18

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

14-19

     6.7 Minority Representation.

14-20

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

14-21

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

14-22

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

14-23

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

14-24

     6.8 Committee Votes.

14-25

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

14-26

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

14-27

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

14-28

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

14-29

record of the committee vote.

14-30

     6.9 Deadline for Consideration.

14-31

     After April 14, 2005 April 12, 2007 for the year 2005 2007 and April 13, 2006 April 10,

14-32

2008 for the year 2006 2008, committees shall consider only those public bills which have been

14-33

acted upon and transmitted to the senate by the house of representatives; provided, however, that

14-34

the president of the senate may request a senate committee to immediately consider a senate bill

15-1

then in committee and said bill shall be considered by the committee.

15-2

     6.10 Discharge from Committee.

15-3

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

15-4

from the consideration thereof, except:

15-5

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

15-6

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

15-7

senator before the vote, or

15-8

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

15-9

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

15-10

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

15-11

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

15-12

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

15-13

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

15-14

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

15-15

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

15-16

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

15-17

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

15-18

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

15-19

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

15-20

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

15-21

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

15-22

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

15-23

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

15-24

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

15-25

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

15-26

consideration as specified in section 6.9.

15-27

     6.11 Compelling Committee Action.

15-28

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

15-29

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

15-30

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

15-31

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

15-32

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

15-33

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

15-34

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

16-1

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

16-2

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

16-3

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

16-4

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

16-5

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

16-6

     6.12 Defeat of a Bill.

16-7

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

16-8

again during the same legislative year.

16-9

     6.13 Indefinite Postponement.

16-10

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

16-11

upon or considered again during the same legislative year.

16-12

     6.14 Transfer of Bills.

16-13

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

16-14

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

16-15

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

16-16

during the reports of committees.

16-17

     6.15 Committee Records.

16-18

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

16-19

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

16-20

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

16-21

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

16-22

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

16-23

years.

16-24

     6.16 Attribution of Bills.

16-25

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

16-26

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

16-27

substantive basis or text of the bill. 

16-28

     SECTION 7

16-29

PROCEEDINGS ON THE SENATE FLOOR 

16-30

     7.1 Right to the Floor.

16-31

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

16-32

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

16-33

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

16-34

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

17-1

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

17-2

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

17-3

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

17-4

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

17-5

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

17-6

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

17-7

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

17-8

     7.2 Personal Privilege.

17-9

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

17-10

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

17-11

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

17-12

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

17-13

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

17-14

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

17-15

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

17-16

     7.3 Unanimous Consent.

17-17

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

17-18

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

17-19

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

17-20

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

17-21

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

17-22

     7.4 Language.

17-23

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

17-24

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

17-25

     7.5 Priority of Business.

17-26

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

17-27

presiding officer without debate.

17-28

     7.6 Calendar.

17-29

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

17-30

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

17-31

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

17-32

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

17-33

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

17-34

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

18-1

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

18-2

to suspend section 3.5.

18-3

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

18-4

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

18-5

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

18-6

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

18-7

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

18-8

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

18-9

section 4.10-1 have been met.

18-10

     7.7 Consent Calendar.

18-11

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

18-12

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

18-13

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

18-14

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

18-15

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

18-16

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

18-17

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

18-18

day.

18-19

     7.8 Reports of Joint Committees.

18-20

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

18-21

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

18-22

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

18-23

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

18-24

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

18-25

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

18-26

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

18-27

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

18-28

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

18-29

     7.9 Messages from the House.

18-30

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

18-31

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

18-32

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

18-33

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

18-34

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

19-1

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

19-2

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

19-3

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

19-4

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

19-5

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

19-6

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

19-7

assignment to a particular committee.

19-8

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

19-9

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

19-10

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

19-11

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

19-12

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

19-13

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

19-14

     7.10 Amendments.

19-15

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

19-16

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

19-17

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

19-18

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

19-19

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

19-20

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

19-21

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

19-22

     7.11 Votes in Concurrence.

19-23

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

19-24

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

19-25

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

19-26

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

19-27

transmitted to the other house.

19-28

     7.12 Motions.

19-29

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

19-30

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

19-31

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

19-32

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

19-33

     7.13 Interruption of Debate.

19-34

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

20-1

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

20-2

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

20-3

indefinitely, to change calendar arrangement, or to amend, and any motion or resolution the

20-4

purpose of which is to take any bill or any other matter from committees of the senate or to

20-5

discharge a committee from the consideration thereof, which several motions shall have

20-6

precedence in the order in which they are here arranged and shall be decided by majority vote

20-7

without debate.

20-8

     7.14 Adjournment.

20-9

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

20-10

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

20-11

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

20-12

     7.15 Lay on the Table.

20-13

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

20-14

carry with it, or prejudice such measure.

20-15

     7.16 Dividing Questions.

20-16

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

20-17

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

20-18

     7.17 Non-Germane Amendments.

20-19

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

20-20

admitted under color of amendment.

20-21

     7.18 Reconsideration.

20-22

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

20-23

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

20-24

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

20-25

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

20-26

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

20-27

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

20-28

a majority vote of the senators present and voting.

20-29

     7.19 Printed Material.

20-30

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

20-31

determined by a majority vote of the senate without debate.

20-32

     7.20 Recommittal.

20-33

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

20-34

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

21-1

been recognized, notwithstanding the provisions of section 7.13.

21-2

     7.21 Immediate Consideration.

21-3

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

21-4

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

21-5

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

21-6

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

21-7

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

21-8

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

21-9

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

21-10

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

21-11

     7.22 Questions During Debate.

21-12

     A senator, while speaking after recognition by the chair, may, upon request of a senator,

21-13

yield to him or her temporarily without thereby relinquishing his or her prior right to the floor

21-14

and, thereafter, may terminate such interruption and resume speaking at any time; provided,

21-15

however, that it shall not be in order for a senator to rise and request that a senator, other than the

21-16

one with the right to the floor, yield to a question. Furthermore, it shall not be in order for a

21-17

senator, with the right to the floor, to ask another senator to yield to a question, unless such

21-18

senator has previously spoken during the debate on the matter. All questions and responses shall

21-19

be directed through the chair and presiding officer shall not be interrupted when speaking.

21-20

     SECTION 8

21-21

VOTING ON THE SENATE FLOOR 

21-22

     8.1 Method of Voting.

21-23

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

21-24

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

21-25

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

21-26

put first.

21-27

     8.2 Voting Machine Inoperative.

21-28

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

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

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

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

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

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     8.3 Who May Vote.

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

22-1

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

22-2

vote.

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     8.4 Control of Electronic Voting System.

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

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

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     8.5 Conducting a Vote.

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

22-8

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

22-9

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

22-10

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

22-11

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

22-12

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

22-13

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

22-14

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

22-15

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

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     8.6 Announcing the Tally.

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

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

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the result shall be recorded in the journal.

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     8.7 Changing a Vote.

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

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

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

22-24

original vote.

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     8.8 Recording Votes.

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

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

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

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

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     8.9 Voting for Another.

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

22-32

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

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

22-34

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

23-1

determines.

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     8.10 Explanation of Vote.

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

23-4

cast.

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     8.11 Statement of the Question.

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

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a statement of the question.

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     8.12 No Interruption.

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

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senator shall speak or leave his or her place. 

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     SECTION 9

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     PROCEEDINGS ON NOMINATIONS

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     9.1 Delivery

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     Nominations shall be delivered to the Secretary of the Senate, or his designee, at the

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Office of the Secretary for presentation to the Senate.

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     9.2. Presentation to the Senate.

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     When a nomination shall be presented to the Senate for advice and consent, it shall,

23-18

unless otherwise ordered, be referred to the appropriate committee or committees and a copy of

23-19

the nomination shall be delivered to the senator within whose district the nominee resides. Except

23-20

as set forth herein, nominations shall follow the same course and be subject to the same

23-21

procedures as bills introduced pursuant to Rules of the Senate.

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     9.3 Questions Presented.

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     The final question on every nomination shall be, "Will the Senate advise and consent to

23-24

this nomination?" which question shall not be put on the same day on which the nomination is

23-25

received, nor on the day on which it may be reported by a committee. Provided, however, that

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this provision may be waived by vote of a majority of the Senate.

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     9.4 Effect of Non-action.

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     Nominations neither confirmed nor rejected during the annual session at which they are

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made shall not be acted upon at any succeeding session unless renewed by the appointing

23-30

authority; and if the Senate shall adjourn or recess for a period in excess of thirty (30) days, all

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nominations pending and not finally acted upon at the time of such adjournment or recess shall be

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returned by the Secretary of the Senate to the appointing authority, and shall not again be

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considered unless they shall again be made to the Senate by the appointing authority.

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     9.5 Withdrawal of Nominations.

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     Nominations may be withdrawn by the appointing authority at any time prior to final

24-2

action thereon by the Senate.

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     SECTION 9 10

24-4

MISCELLANEOUS 

24-5

     9 10.1 Legislative Aides.

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

24-7

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

24-8

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

24-9

pleasure of the president of the senate.

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     9 10.2 Absence of a Quorum.

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

24-12

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

24-13

attendance of absent senators in accordance with law.

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     9 10.3 Amendment and Suspension of Rules.

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

24-16

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

24-17

     9 10.4 Access to the Senate Floor.

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     9 10.4-1 Lobbying.

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

24-20

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

24-21

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

24-22

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

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     9 10.4-2 Credentials Required.

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     Except as provided in Rule 10.4-1, current and former general officers of the state; judges

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

24-26

adjudication courts; the traffic tribunal; current and former senators; current and former members

24-27

of the house of representatives; employees of the senate, the house of representatives and

24-28

agencies of the general assembly; the executive counsel and the chief administrative assistant to

24-29

the governor or their designees; the librarian of the state library; representatives of the news

24-30

media; and other persons as may be permitted by the president of the senate and subject to such

24-31

limitations and regulations as the president of the senate may from time to time prescribe. In no

24-32

event shall any person be permitted to be seated on the floor without permission of the president

24-33

of the senate, the majority leader and/or the minority leader.

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     9 10.4-3 Senators' Seats.

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

25-2

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

25-3

     9 10.4-4 Sheriff's Duties.

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

25-5

their absence, a member of the capitol police department, to see that rules 910.4-1, 910.4-2,

25-6

910.4-3, 910.4-5 and 910.4-9 are enforced, and that all senate entrances and exits are kept

25-7

completely clear and open to passage to and from the chamber.

25-8

     9 10.4-5 Gallery.

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

25-10

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

25-11

senate while in session except to fill vacancies.

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     9 10.5 Confidentiality of Drafting.

25-13

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

25-14

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

25-15

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

25-16

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

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     9 10.6 Misuse of Rules.

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

25-19

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

25-20

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

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     9 10.7 Extraordinary and Special Session.

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

25-23

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

25-24

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

25-25

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

25-26

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

25-27

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

25-28

     9 10.8 Robert's Rules.

25-29

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

25-30

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

25-31

of the senate and house.

25-32

     9 10.9 Use of Facilities.

25-33

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

25-34

use of the senators and their guests.

26-1

     9 10.10 Decorum.

26-2

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

26-3

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

26-4

     9 10.11 Smoking Prohibited.

26-5

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

26-6

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

26-7

enforce this rule.

26-8

     9 10.12 Consumption of Food and Alcoholic Beverages.

26-9

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

26-10

chamber.

26-11

     9 10.13 Appropriate Attire Required.

26-12

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

26-13

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

26-14

     9 10.14 Electronic Devices.

26-15

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

26-16

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

26-17

silent/vibrate mode.

26-18

     9 10.15 Photographic Equipment.

26-19

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

26-20

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

26-21

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

26-22

apply to properly credentialed representatives of the news media.

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     10.16 Display of Posters, Signs, and Banners on the Floor.

26-24

     No placard, sign, poster, banner, chart or other visual aid of similar nature shall be

26-25

displayed on the floor of the Senate or used in debate at any time when the Senate is in session

26-26

without the consent of the presiding officer. Any decision of the presiding officer under this rule

26-27

may be appealed to the body.

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     10.17 Display of Posters, Signs, and Banners Prohibited in the Gallery.

26-29

     No placard, sign, poster, banner, chart or visual aid of similar nature shall be displayed in

26-30

the gallery at any time when the Senate is in session. The presiding officer shall order any such

26-31

object so displayed to be removed.

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LC01024/SUB A/2

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2007 -- S 147 H.

SUBSTITUTE A

A N A C T

ADOPTING THE RULES OF THE SENATE

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LC01024/SUB A/2

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Presented by