SENATE AMENDMENTS TO THE RULES

 

MONDAY, JANUARY 20, 2003

JR001/A

 

Amend JOINT RULE 14 by creating a new subsection (k) as follows:

 

14-1.  BUDGET BILLS

 

 

(k)  In the event one house fails to pass on third reading the mirror budget bill originally introduced in that house, the following shall apply:

 

(1)  The mirror budget bill passed in the opposite house shall be engrossed with all amendments passed by that house and shall be delivered to the second house. That bill shall thereafter be referred to as the "state budget bill" and shall be deemed to be the budget bill for the state budget for all purposes.

 

(2)  Subsections 14-1(b) and (c) of this rule shall apply to consideration of the state budget bill in the second house.

 

(3)  Notwithstanding Senate Rule 7-6, House Rule 4-6 or Joint Rules 2-1 through 2-3, the following rules shall govern joint conference committee action on the state budget bill:

 

(a)  The presiding officers of each house shall, in accordance with these rules and “Mason’s Manual of Legislative Procedure,” appoint a conference committee of five (5) to confer on the state budget bill.  A majority of each conference committee shall be appointed from the prevailing side on the vote for third reading and final passage of the bill.  During the Budget Session, the chairmanship of any joint conference committee on the state budget bill shall alternate between the house and senate for each day the joint conference committee meets with the senate having the chairmanship on the first meeting day;

 

(c)  The first joint conference committee appointed is not a free committee, but each successive committee appointed thereafter shall be a free conference committee as defined in Section 773 of “Mason’s Manual of Legislative Procedure”;

 

(d)  The signed joint conference committee report shall be simultaneously referred to both houses for concurrence.

 

(4)  Except as otherwise provided in Joint Rule 14-1(k)(2), the provisions of Joint Rule 14-1(a) through (j) shall not apply to the state budget bill.

 

SENATE RULES COMMITTEE

 

JR002/A

 

Create JOINT RULE 18 as follows:

 

18.  SPECIAL SESSIONS

 

18-1(a)  The legislature may call itself into special session if a majority of the membership elected to both houses responds in the affirmative to a written poll of the membership conducted by the Legislative Service Office at the joint direction of the presiding officers of each house.

 

(b)  The presiding officers of each house:

 

(i)  May initiate the written poll of the membership under subsection (a) of this rule by their joint agreement; and

 

(ii)  Shall initiate the written poll of the membership under subsection (a) of this rule upon the written request of not less than thirty-five percent (35%) of the membership elected to each house, signed by those members.

 

(c)  When a majority of the membership elected to both houses responds in the affirmative to the written poll conducted pursuant to subsection (a) of this rule, the president of the senate and the speaker of the house shall jointly announce the results of the poll and establish a date for the convening of the special session.

 

(d)  In responding to a written poll conducted pursuant to subsection (a) of this rule, or in signing a written request to the president and speaker under paragraph (b)(ii) of this rule, a facsimile signature of a legislator may be accepted provided it is followed by a written document bearing the legislator's manual signature.

 

SENATE RULES COMMITTEE

 

 

JR003/A

 

Create JOINT RULE 19 as follows:

 

19.  RELATIONS BETWEEN HOUSES

 

REQUEST FOR RETURN OF BILL

 

19-1Upon a motion to return a bill from one house to the other for corrective action, or for the purpose of reconsideration, which is adopted by two-thirds (2/3) of the members elected to the requesting house, the presiding officer shall direct the chief clerk to send a message to the presiding officer of the house currently in possession of the bill requesting that the bill be returned for necessary action. Upon the affirmative vote of two-thirds (2/3) of the elected members of the house having possession of the bill, the bill shall be returned to the requesting house.  (Mason's Sec. 762)

 

SENATE RULES COMMITTEE

 

JR004/F

Amend JOINT RULE 2-2 as follows:

PROCEDURES

2-2 (a) Such conference committees shall meet at a convenient hour to be agreed upon by their respective chairmen and shall confer upon the differences between the two houses. As soon as possible, the respective houses shall move for the adoption of the Joint Conference Committee report. Adoption of the report must be by vote of a majority of the elected members of each house unless a greater majority is required to pass a measure such as is the case with constitutional resolutions.

(b) Conference committee meetings under subsection (a) of this rule shall be open to the public. Meetings shall be held following not less than one (1) hour's notice of the meeting posted in a public place except:

(1) Any joint conference committee which is reconvening after having met at least once prior to the meeting;

(2) Any joint conference committee meeting on the budget bill under joint rule 14;

(3) Any joint conference committee meeting on the last day of the legislative session.

GOODENOUGH

     Action:  ADOPT JOINT RULE  #4

    Roll Call:  Vote ID 0014

                 

                  AYES:  Senator(s)  Boggs, Burns, Caller, Case, Cathcart, Decaria, Goodenough, Job,

         Massie, Mockler, Sessions, Vasey.

                 

                  NAYES:  Senator(s)  Anderson, J., Barrasso, Coe, Devin, Erb, Geis, Hanes, Hawks,

         Hines, Kunz, Larson, Meier, Northrup, Peck, Roberts, Schiffer, Scott.

                 

                  EXCUSED:  Senator(s)  Barton.

                 

                      Ayes  12    Nays  17    Excused  1    Absent  0    Conflict  0

 

 

 

SR001/A

 

Amend Senate Rules 11-1, 11-5, 14-3(a), 16-1, 17-1 and 21-1 as follows:

 

11.  PLACED ON GENERAL FILE

 

11-1After a bill has been reported back to the Senate by the committee to which the same was referred and the standing committee report read to the body and entered in the journal, it shall be placed on general file and in its regular order and at the proper time it shall be taken up and considered by the Senate in the Committee of the Whole.

 

11-5The rules of the Senate shall be observed in the "Committee of the Whole", so far as they may be applicable, except:

 

(a)  The ayes and noes shall not be taken unless the original motion made for passage of a given bill has failed in the Committee of the Whole.  At that time, the ayes and noes shall be taken and entered in the Committee of the Whole Report.  The result of the roll call vote shall determine the action of the Committee of the Whole. If, after a roll call vote, the bill fails to pass Committee of the Whole, the bill is deemed to be indefinitely postponed.  Except as provided in this subsection, the motion to indefinitely postpone shall not be in order during Committee of the Whole; prior to a roll call under this subsection;

 

 

CALL FOR THE AYES AND NOES

 

14-3      (a)  When the question is being taken, or about to be taken, it shall be competent for any member to call for the ayes and noes, which shall be entered on the Journal., and the names of the members shall be called in alphabetical order as printed on the slips for the use of the Chief Clerk.  [Ref: Mason's § 530]

 

 

 

ADDRESSING THE PRESIDENT

OBTAINING THE FLOOR

 

16-1When any member is about to speak, or deliver any matter to the Senate, he shall rise from his seat and respectfully address himself to "Mr. President", and the presiding officer.  When recognized, the member shall confine himself to the question under consideration and avoid personalities, and when he has finished he shall take his seat.  [Ref: Mason's §§ 90 to 96, 114]

 

17.  PARLIAMENTARY PRACTICE

 

17-1The rules of parliamentary practice comprised in Mason's "Manual of Legislative Procedure" published by the National  Conference of State Legislatures in  1989 2000  shall govern the Senate in all cases to which they are not inconsistent  with the rules and orders of the Senate and  joint rules and orders of the Senate and House of Representatives.  [Ref: Mason's §§ 30 to 32]

 

21.  AUTHORIZED PERSONS AND INTERRUPTIONS

 

21-1No person not a member or officer other than members and officers of the Senate or member or officer of the and House and legislative staff shall be admitted within the bar of the Senate, except by special invitation on the part of the Senate or President thereof; but a majority may authorize the President to have the Senate cleared of all such persons.  [Ref: Mason's § 705]

 

SENATE RULES COMMITTEE

 

SR002/F

SRULE 7-3/

Amend Senate Rule 7-3 by adding the following new subsection (e):

"(e) In addition to the reporting requirements set out in subsections (b) and (c) of this rule, in the event a motion referenced under subsection (b) of this rule fails, or the Standing Committee adopts a motion to postpone consideration of the bill until after expiration of the established final date for regular consideration of the bill, the Chairman shall, not later than the next legislative day, send a message to the Chief Clerk stating the action taken by the Committee, including the vote of each member. The message shall be read to the Senate and entered in the Journal, however, the bill shall remain in the possession of the Committee pending possible further action on the bill by the Committee."

GOODENOUGH, DECARIA

     Action:   ADOPT SENATE RULE #2

    Roll Call:  Vote ID 0015

                 

                  AYES:  Senator(s)  Boggs, Caller, Case, Cathcart, Decaria, Goodenough, Job, Massie,

                  Mockler, Scott, Sessions, Vasey.

                 

                  NAYES:  Senator(s)  Anderson, J., Barrasso, Burns, Coe, Devin, Erb, Geis, Hanes,

         Hawks, Hines, Kunz, Larson, Meier, Northrup, Peck, Roberts, Schiffer.

                 

                  EXCUSED:  Senator(s)  Barton.

                 

                      Ayes  12    Nays  17    Excused  1    Absent  0    Conflict  0

     Action:  ADOPT RULES

    Roll Call:  Vote ID 0016

                 

                  AYES:  Senator(s)  Anderson, J., Barrasso, Barton, Boggs, Burns, Caller, Case,

         Cathcart, Coe, Decaria, Devin, Erb, Geis, Goodenough, Hanes, Hawks, Hines, Job, Kunz,

         Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions,

         Vasey.

                 

                  EXCUSED:  Senator(s)  Barton.

                 

                      Ayes  29    Nays  0    Excused  1    Absent  0    Conflict  0

 


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