S*0338 Resolution, By Senate Rules
 A Senate Resolution to amend Rule 10 of Senate Rules, relating to committee
 reports so as to specify the order of business after which the Annual General
 Appropriation Bill and a reapportionment bill is to be considered, to amend
 Rule 14, relating to privileged motions, so as to provide that the mover has
 the right to restate a motion if such a request is made, to amend Rule 16,
 relating to voting, so as to require the ayes and noes "viva voce" on any
 question unless a roll call vote or division is ordered, to amend Rule 19(11)
 relating to committees of conference, so as to provide that the President Pro
 Tempore shall appoint conferees subject to certain conditions, to amend Rule
 32, relating to executive sessions, so as to authorize the presence of the
 Reading Clerk, to amend Rule 34 relating to the motion period and special
 orders so as to allow a motion to set a bill or resolution for special order
 irrespective of whether the bill received a reading on the legislative day the
 motion is adopted.

   01/10/95  Senate Introduced SJ-138
   01/18/95  Senate Debate interrupted SJ-6
   01/24/95  Senate Debate interrupted SJ-38
   01/25/95  Senate Amended SJ-18
   01/25/95  Senate Debate interrupted SJ-18
   01/31/95  Senate  Amendment tabled SJ-12
   01/31/95  Senate Adopted SJ-12

INTRODUCED

January 10, 1995

S. 338

S. Printed 1/10/95--S.

Read the first time January 10, 1995.

A SENATE RESOLUTION

TO AMEND RULE 10 OF SENATE RULES, RELATING TO COMMITTEE REPORTS SO AS TO SPECIFY THE ORDER OF BUSINESS AFTER WHICH THE ANNUAL GENERAL APPROPRIATION BILL AND A REAPPORTIONMENT BILL IS TO BE CONSIDERED, TO AMEND RULE 14, RELATING TO PRIVILEGED MOTIONS, SO AS PROVIDE THAT THE MOVER HAS THE RIGHT TO RESTATE A MOTION IF SUCH A REQUEST IS MADE, TO AMEND RULE 16, RELATING TO VOTING, SO AS TO REQUIRE THE AYES AND NOES "VIVA VOCE" ON ANY QUESTION UNLESS A ROLL CALL VOTE OR DIVISION IS ORDERED, TO AMEND RULE 19(11) RELATING TO COMMITTEES OF CONFERENCE, SO AS TO PROVIDE THAT THE PRESIDENT PRO TEMPORE SHALL APPOINT CONFEREES SUBJECT TO CERTAIN CONDITIONS, TO AMEND RULE 32, RELATING TO EXECUTIVE SESSIONS, SO AS TO AUTHORIZE THE PRESENCE OF THE READING CLERK, TO AMEND RULE 34 RELATING TO THE MOTION PERIOD AND SPECIAL ORDERS SO AS TO ALLOW A MOTION TO SET A BILL OR RESOLUTION FOR SPECIAL ORDER IRRESPECTIVE OF WHETHER THE BILL RECEIVED A READING ON THE LEGISLATIVE DAY THE MOTION IS ADOPTED.

Be it resolved by the Senate:

That Rules 10, 14, 16, 19(11), 32 and 34 of the Rules of the Senate shall be amended to read as follows:

Reports must be separately made on each Bill or Resolution and shall be signed by the Chairman or such Senator as the Chairman may designate.

No Bill or Joint Resolution may be polled out of a Standing Committee unless at least two-thirds (2/3) of the committee members are polled and a majority of the entire membership of the committee votes in favor of polling the legislation out. The poll results must be certified by the Chairman and a copy of the results must be given to the Clerk to be published in the Journal.

Notwithstanding the provisions of Rule 33 and unless otherwise ordered by the Senate, when the annual General Appropriation Bill or any reapportionment bill is received by the Senate to be placed on the calendar, it shall be placed in a position under the masthead of the calendar as the first order of business to be taken up each day immediately following the conclusion of the call of the Uncontested Local or Statewide Calendar.

When a question is under debate, no motion shall be entertained but

1. To adjourn

2. To adjourn to a date and time certain

3. To recede for a fixed period of time or to a time certain

4. To take up order of the day

5. To continue

6. To lay on the table

7. To adjourn debate to a certain day or to adjourn debate

8. To carry over

9. To strike out the enacting clause

10. To commit

11. To amend

which several motions may only be made by the Senator having the floor and shall have precedence in the order in which they are above arranged, and the first eight (8) of which shall be determined without debate. A motion to lay an amendment on the table being agreed to shall not have the effect of disposing of the main question.

Provided, however, when a Bill is under debate, a motion to carry over may be made by the Senator having the floor, with such Senator retaining the floor on that Bill upon an affirmative vote of twenty-six (26) members of the Senate. Provided, that when a Bill is under debate and a motion to carry over is authorized and made by the Chairmen's Committee, the Senator having the floor may retain the floor on that Bill upon a majority vote of those members present and voting. No motion to carry over, either by an individual Senator or by the Chairmen's Committee, shall be in order for any Bill in the status of Interrupted Debate. The failure of a motion to carry over by an individual Senator or by the Chairmen's Committee shall not cause the member who has the floor to lose the floor.

When a motion to adjourn debate is passed, the Bill to which it applies is subject to consideration on the next legislative day that the Senate reaches that order of business. When a motion to adjourn debate to a date certain is passed, the Bill to which it applies is not subject to consideration until the date so specified, if the Senate reaches that order of business. If the Senate does not reach that order of business, the Bill remains in adjourned debate status.

A motion to ratify acts may only be made by the Chairman or an authorized member of the Chairmen's Committee and may be made at any time.

Whenever a member who has been recognized and properly holds the floor makes a motion relating to any business, matter or other question before the Senate, such motion shall require a majority vote unless otherwise provided. If a request is made to repeat or restate any such motion, it shall only be repeated or restated by the member originally making the motion.

When there is a request for a roll call on any question, and it shall be required by five Senators, the question shall be decided by the ayes and noes, and on taking the same, no Senator who is absent when the affirmative and negative have both been put and the result announced by the President, shall be allowed to vote without leave of the Senate, and such vote, when allowed, shall not affect the result.

In taking the ayes and noes, and upon a call of the Senate, the names of the Senators shall be called alphabetically. Under the call of the ayes and noes every Senator present must give his vote one way or the other unless excused by the Senate.

Paired votes shall be recorded by the Clerk when authorized by the members to be so recorded. The member casting the paired vote must be present in the Chamber at the time of the vote in order for the paired vote to be recorded.

Unless a roll call of the Senate is ordered or a division is ordered, the decision of the Senate on any question other than unanimous consent shall be taken by all members voting "viva voce".

(11) The membership on committees of conference and free conference between the two Houses shall be determined by the President Pro Tempore of the Senate in consultation with provided, however, the Chairman of the committee of jurisdiction on the Bill subject to conference must concur as to two of the appointees. Provided that the The conference committee on any Resolution affecting sine die adjournment shall be appointed by the Chairmen's Committee President Pro Tempore.

When considering confidential or executive business the Senate shall be cleared of all persons except the President, the Senators, the Clerk of the Senate, the Reading Clerk, and the Assistant Clerks designated by the Clerk of the Senate, the Sergeant-at-Arms and Assistant Sergeant-at-Arms of the Senate.

All appointments made by the Governor and delivered to the Senate shall be referred to such committee of the Senate as the President or the Senate may direct. Such appointment shall be considered at the next meeting of such committee or such other time as the committee may determine. No report may be made on an appointment unless and until the committee has held a screening hearing and given the appointee an opportunity to appear before the committee. A screening hearing or any portion of a screening hearing, may be held in Executive Session upon the vote of two-thirds (2/3) of the members of the committee present and voting. Any information or material provided to or developed by the committee in an Executive Session and any communications between a Committee Chairman and the appointing authority must be held confidential and only reported to the full Senate in Executive Session. If a committee fails to make a report on an appointment to the full Senate within two (2) weeks after a screening hearing, then the Senate may recall the appointment in Executive Session. All committee reports on any appointments shall be made in Executive Session unless the Senate directs otherwise by a majority vote.

Before going into Executive Session, the Senate shall vote in open session on the question of whether to go into Executive Session. When a motion to go into Executive Session is agreed to, the President shall announce publicly the purpose or purposes of the Executive Session as specified by the member making the motion. No final action may be taken by the Senate in the Executive Session on appointments. For the purpose of this Rule, `final action' means a decision by the Senate which constitutes a dispositive act regarding the consideration of an appointment. No vote may be taken on a final action in Executive Session, and the confirmation of appointments must be voted on in open session.

When the Senate rises from an Executive Session and the report of an Executive Session is received by the Senate, the final question on every appointment shall be: "Will the Senate advise and consent to this appointment?" Confirmation of statewide appointments shall be by roll call vote unless otherwise agreed to by unanimous consent.

Messages containing appointments may be published in the Journal when received as other messages, and the fact that an appointment has been made or that it has been confirmed or rejected shall not be regarded as a secret. When considering appointments in Executive Session, all information communicated, or remarks made by a Senator concerning the character or qualifications of the person appointed and any action or failure to act on any appointment(s) shall be kept secret.

Other messages from the Governor pertaining to confidential matters shall be subject to such secrecy or publication as the Senate, in each instance, may order.

Any Member or Officer of the Senate who violates the secrecy provisions of this rule shall be subject to the provisions of Rule 45 of the Senate and Article 5 of Chapter 13 of Title 8 of the Code of Laws.

During the motion period, any motion pertaining to the business of the Senate may be made. When a motion is made to set a Bill for Special Order, time shall be given to one proponent and one opponent to speak on the motion. Such remarks shall be limited in the discretion of the presiding officer provided, that no Bill may be taken up during the motion period for the purpose of debating the merits of the Bill or for the purpose of giving the Bill a reading. Procedural motions shall be decided without debate; provided, that procedural motions which present a main question, such as a motion to recall, are subject to limited debate within such time period as may be authorized in the discretion of the presiding officer.

During the motion period all motions to set a Bill or Resolution for Special Order on a subsequent Legislative day shall be in order irrespective of whether the bill or resolution was given a reading on the legislative day the motion is made. and said Said motions shall be considered in the priority established by the recognition of the Senators making said motions. Each such motion shall relate to a separate Bill which shall have been on the Calendar for a minimum of six statewide legislative days. Except for explanatory remarks authorized in subsection A, such motions shall be determined without debate and by two-thirds (2/3) vote of the Senators present. Provided, that, when authorized by eight (8) members of the Chairmen's Committee, a motion to set a bill for Special Order, shall require a vote of a majority of the members present. At no time may the Special Order calendar have more than one Bill which is set for Special Order by a motion authorized by the Chairmen's Committee. During the motion period, no Bill or Resolution can be made a Special Order ahead of Bills or Resolutions which have already been placed in the status of Adjourned Debate.

If a Bill is set for Special Order on a date and/or time certain, such Bill is not subject to consideration at the specified date and/or time unless the Senate reaches that order of business or unless by unanimous consent the Senate has agreed that consideration of the Bill will be to the exclusion of all other matters pending before the Senate at such time.