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
(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
S
R002/FSRULE 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