General Assembly Senate Resolution No. 1
January Session, 2017 LCO No. 871
*00871__________*
Referred to Committee on No Committee
Introduced by:
SEN. LOONEY, 11th Dist. SEN. FASANO, 34th Dist. SEN. DUFF, 25th Dist. SEN. WITKOS, 8th Dist.
General Assembly
Senate Resolution No. 1
January Session, 2017
LCO No. 871
*00871__________*
Referred to Committee on No Committee
Introduced by:
SEN. LOONEY, 11th Dist.
SEN. FASANO, 34th Dist.
SEN. DUFF, 25th Dist.
SEN. WITKOS, 8th Dist.
RESOLUTION CONCERNING THE RULES OF THE SENATE.
Resolved by the Senate:
That the following are the Senate Rules for the 2017 and 2018 sessions:
1. The President shall take the chair on each session day, at the hour to which the Senate stands adjourned. The President shall thereupon call the Senate to order and after prayer and recitation of the pledge of allegiance, if a quorum is present, proceed to business.
2. In the absence of a quorum, the President may adjourn the Senate to a subsequent time on that day or to the next session day. At all other times an adjournment shall be pronounced by the President on motion.
3. The President shall preserve order and decorum and shall decide all questions of order, upon which no debate shall be allowed except at the request of the President; but the decision shall be subject to an appeal to the Senate which must be seconded and on which no member shall speak more than once. No other business shall be in order until such appeal is disposed of.
4. The President shall rise to put a question or to address the Senate, but may read sitting.
5. If there is any disturbance, disorderly conduct or other activity in or about the Senate Chamber which, in the opinion of the presiding officer, may impede the orderly transaction of the business of the Senate, the presiding officer may take such action as is deemed necessary to preserve and restore order.
6. If the President while presiding, wishes to leave the chair, the President Pro Tempore shall preside, or, in the absence of the President Pro Tempore, the President Pro Tempore's designee shall preside for a period not exceeding one day.
7. Within one week after appointment, the President Pro Tempore shall nominate a chaplain and up to three deputy chaplains, and if such nominations are confirmed by the Senate by a majority vote, the candidates so nominated and confirmed shall serve for the 2017 and 2018 sessions.
8. The clerk shall keep a journal of the Senate, and shall enter therein a record of each day's proceedings and record any amendment that may be offered to any bill or resolution.
9. (a) Upon acceptance of a Senate agenda, the clerk's office shall act upon the items listed as indicated and shall incorporate the items by reference in the Senate journal and Senate transcript. The clerk shall keep a Calendar on which he or she shall enter daily (1) all bills and joint resolutions received from the House for action except (a) bills and resolutions which do not have a favorable report of a joint committee which shall, upon being read by the clerk, be referred without further action to the appropriate committee, (b) all bills and joint resolutions received from the House for action by the Senate which have not been referred by the Senate to any committee, and (2) all bills and resolutions favorably reported to the Senate from any committee; and these shall be entered on the Calendar in the order in which they are received. Each joint resolution proposing an amendment to the constitution and each bill so entered shall be printed and in the files and on the Calendar, with a file number for two session days and shall be starred for action on the session day next succeeding, except that:
(A) A resolution may be acted on in accordance with Rule 17(b) of the joint rules of the Senate and the House of Representatives,
(B) A bill or resolution certified in accordance with section 2-26 of the general statutes, if filed in the House, may be transmitted to and acted upon first by the Senate with the consent of the speaker; and if filed in the Senate, may be transmitted to and acted upon first by the House with the consent of the President Pro Tempore,
(C) Except as otherwise provided in subsection (e) of this rule, any bill or resolution certified in accordance with section 2-26 of the general statutes, may be acted upon immediately in the first house, may be transmitted immediately to the second house and may be acted upon immediately when received by the second house,
(D) If the Senate rejects an amendment adopted by the House, the bill or resolution after final action by the Senate may be transmitted immediately to the House, or if the House rejects an amendment adopted by the Senate, the bill or resolution when received from the House may be placed immediately on the Calendar,
(E) During the last five calendar days of the session, if the Senate rejects an amendment adopted by the House, or adopts a Senate amendment to a bill or resolution received from the House, or takes any action on the bill or resolution requiring further action by the House, the bill or resolution after final action in the Senate, may be transmitted immediately to the House, or if the House rejects an amendment adopted by the Senate or adopts a House amendment to a bill or resolution received from the Senate, or takes any action on the bill or resolution requiring further action by the Senate, the bill or resolution when received from the House may be placed immediately on the calendar and may be acted upon immediately,
(F) During the last five calendar days of the session, any bill or resolution after final action by the Senate may be transmitted immediately to the House, or
(G) During the last five calendar days of the session, any bill or resolution received by the Senate after final action by the House may be placed on the calendar immediately.
(b) All bills and resolutions starred for action shall be acted upon only when reached in their regular order, and any bill or resolution passed over when so reached shall retain its place on the Calendar unless it is passed temporarily, put on the foot of the Calendar or its consideration is made the order of the day for some specified time.
(c) Session days shall be scheduled by the President Pro Tempore, except that, with respect to any resolution reported pursuant to Rule 31 or 32 of the joint rules of the Senate and the House of Representatives, the Senate Republican President Pro Tempore may submit a request in writing to the President Pro Tempore, a copy of which shall be filed in the clerk's office at least seven days before such resolution would be otherwise deemed approved by operation of law, requesting that a session be scheduled for the purpose of allowing motions to mark such resolution ready for action and to act on such resolution immediately. Upon receipt of such request, the President Pro Tempore shall promptly schedule a session for such purpose to be held at least two days before such resolution would be otherwise deemed approved by operation of law.
(d) On each session day, the Senate Majority Leader and Deputy Senate Republican President Pro Tempore, or their designees, shall jointly make available to the members a list of bills and resolutions intended to be acted upon that session day. Such list shall indicate the action intended to be taken on each bill or resolution so listed. Any bill or resolution that is not on such list may be marked go and acted upon that session day upon the passage of a motion of one of the following: The President Pro Tempore, the Senate Republican President Pro Tempore, the Senate Majority Leader or the Deputy Senate Republican President Pro Tempore.
(e) The clerk shall immediately provide an electronic notice of the filing, in either chamber, and number of any emergency certified bill introduced by the President Pro Tempore and the speaker, certified in accordance with section 2-26 of the general statutes, that is the biennial budget bill or a bill that amends or implements the biennial budget bill to the members of the Senate. No such emergency certified bill may be marked ready for action or acted upon less than twelve hours following the provision of such electronic notice.
(f) On any day that is not scheduled as a session day, the President Pro Tempore and the Senate Republican President Pro Tempore, or their designees, may call the Senate into session for purposes of transacting business of a procedural nature by filing with the clerk or the clerk's designee a written instruction to conduct a pro forma Senate session with or without the presence of a senator. Said direction shall include a written motion to adopt the day's Senate agenda and act on all items as indicated and incorporate the items by reference into the Senate journal and Senate transcript. Said motion shall be read into the record and shall have the same force and effect as if the Senate were convened with a presiding officer and senator.
10. The clerk shall retain all bills, resolutions and other papers, in reference to which any member has a right to move a reconsideration, until the right of reconsideration has expired, and no longer.
11. The clerk shall also keep a record of all petitions, resolutions, and bills for all acts which are presented for the consideration of the Senate, and said record shall be so kept as to show by a single reference the action of the Senate on each of them to that date.
12. The assistant clerk shall have the same powers and perform the same duties as the clerk, subject to the direction of the clerk. The bill clerk and the journal clerk shall perform such duties as are assigned to them by the clerk.
13. The clerk shall cause the journals and calendars to be distributed on the desks of the members daily, before the opening of the session.
14. No member shall speak more than twice upon the same question without leave of the Senate, except to explain.
15. No member who is interested in the decision of any question in such manner that he or she cannot vote thereon may stay in the Senate when such question is discussed or decided.
16. If a member, in speaking or otherwise, transgresses the rules and order of the Senate, the president shall, or any member may, call such member to order; and if speaking, such member shall sit down, unless permitted to explain; and if a member is guilty of a breach of any of the rules and orders, such member may be required by the Senate, on motion, to make satisfaction therefor, and until satisfaction has been made, shall not be allowed to vote or speak except by way of excuse.
17. If a candidate for the Senate notifies the clerk on or before the opening day of the session that such candidate contests the results of the election for his or her district, a committee of three shall be appointed by the President Pro Tempore within the first two days of the session. If a candidate for the Senate in a special election notifies the clerk no later than fourteen days following such election that such candidate contests the results of the election for his or her district, a committee of three shall be appointed by the President Pro Tempore no later than sixteen days following such election. The committee shall take into consideration such contested election and report the facts with its opinion thereon.
18. (a) The leaders of the Senate shall include the President Pro Tempore, the Senate Republican President Pro Tempore, the Senate Majority Leader and the Deputy Senate Republican President Pro Tempore. For the purposes of the Constitution of the state of Connecticut, the general statutes, the public and special acts and any other provision of law, any reference to the minority leader of the Senate means the Senate Republican President Pro Tempore.
(b) The Senate Majority Leader shall be elected by the members of the democratic party. The President Pro Tempore shall appoint the other leaders of the democratic party and the democratic chairperson and vice chairperson of each standing committee. Each such chairperson or vice chairperson shall serve at the pleasure of the President Pro Tempore and the Senate Majority Leader. For the purposes of the general statutes and the public and special acts and any other provision of law, any reference to (1) the cochairpersons of a standing committee means the chairperson appointed by the President Pro Tempore and the chairperson appointed by the Speaker of the House, (2) the senate chairperson of a standing committee means the chairperson appointed by the President Pro Tempore, and (3) the ranking Senate member of a standing committee means the chairperson appointed by the Senate Republican President Pro Tempore.
(c) The Senate Republican President Pro Tempore shall be elected by the members of the republican party. The Senate Republican President Pro Tempore shall appoint the other leaders of the republican party, including the Deputy Senate Republican President Pro Tempore, and the republican chairperson and vice chairperson of each standing committee. Each such republican chairperson or vice chairperson shall serve at the pleasure of the Senate Republican President Pro Tempore.
(d) The clerks of the standing committees and the chairpersons of the subcommittees thereof shall be appointed by the chairpersons of the respective committees, with the approval of the President Pro Tempore and the Senate Republican President Pro Tempore.
(e) All standing committee members shall be appointed by the President Pro Tempore and the Senate Republican President Pro Tempore by the fifth regular session day of the first year of the term, except to fill a vacancy caused by death or incapacity or resignation from the Senate or from a committee; and except that the President Pro Tempore may appoint any member elected after the fifth regular session day of the first year of the term to any committee within five calendar days after the member takes the oath of office. There shall be an equal number of republican and democratic senators appointed to each standing committee by the President Pro Tempore or the Senate Republican President Pro Tempore, as the case may be. Each standing committee shall have a Senate democratic chairperson and a Senate republican chairperson and a Senate democratic vice chairperson and a Senate republican vice chairperson. Not more than nine senators shall be appointed to any standing committee, except that the joint standing committee on Judiciary shall consist of not more than eleven senators and the joint standing committees on Appropriations and Finance, Revenue and Bonding shall consist of not more than thirteen senators. All Senate leaders, standing committee assignments, chairpersons, vice chairpersons and subcommittee chairpersons shall serve for both the 2017 and the 2018 sessions.
19. The order of business shall be as follows:
1. Reception of petitions.
2. Reception of communications from the Governor, secretary of the state, annual and biennial reports, interim committee reports and reports.
3. Introduction of bills and resolutions.
4. Reports of committees.
5. Reception of business from the House.
6. Business on the Calendar.
7. Introduction of guests.
8. Miscellaneous business.
9. Resolutions removed from consent calendar.
20. Before any petition or resolution is received, a brief statement of its object shall be made by the introducer.
21. When a motion is made, it shall be stated to the Senate by the president before any debate is had thereon, and every motion shall be reduced to writing if the president so directs or any member desires it.
22. When a motion is stated by the president, or read by the clerk, it shall be deemed to be in the possession of the Senate. It may be withdrawn by the mover at any time before decision or amendment, but not after amendment, unless the Senate gives leave.
23. If the question under debate consists of two or more independent propositions any member may move to have the question divided. The president shall rule on the order of voting on the division of a question.
24. The yeas and nays shall be taken on the roll call machine on all final action on bills on the regular calendar and on all other questions at the desire of one-fifth of the members present, expressed at any time before a declaration of the vote.
25. Whenever the result of a vote as stated by the presiding officer is doubted, it shall be taken again by rising.
26. When a vote has been taken, it shall be in order for any senator on the prevailing side to move for a reconsideration thereof on the day of the vote or on the next succeeding session day, if the bill is still in the possession of the Senate; provided also that there shall be no reconsideration of the following motions: To adjourn, for the previous question or to reconsider, and no question shall be twice reconsidered.
27. Pairs may be made by senators whose votes if they were present would be cast on opposite sides of any question, by filing with the clerk of the Senate a memorandum, containing the names of the senators, and their votes, who are thus paired and the subject matter or matters to which such pairs apply. Senators making any such pairs shall be excused from voting upon the merits of the matters involved while the pair continues, but no pairs shall operate while both of the senators paired are present.
28. Persons, other than members of the General Assembly, shall not be permitted on the floor of the Senate while it is in session. Lobbyists shall be prohibited from the floor of the Senate on any day during which the Senate is in session except during a public hearing in the Senate chamber. This rule shall not apply to the staff of the General Assembly, to any state or municipal official or member of the media who has been given permission to be on the Senate floor by the President of the Senate, President Pro Tempore, Senate Republican President Pro Tempore, Senate Majority Leader or Deputy Senate Republican President Pro Tempore, or to persons invited to the Senate for purposes of recognition or ceremony. Other persons who desire to speak with a member of the Senate while it is in session shall communicate such desire through one of the messengers and shall not converse with such member in the chamber while the Senate is in session.
29. When a question is under debate, no motion shall be received except:
1. To adjourn.
2. To recess.
3. For the previous question.
4. To close the debate at a specified time.
5. To pass temporarily.
6. To pass retain.
7. To postpone to a certain time.
8. To commit or recommit.
9. To divide the question.
10. To amend.
11. To refer to another committee.
12. To postpone indefinitely.
13. To place at foot of calendar.
These several motions shall have precedence in the order listed in this rule, and no motion to commit or recommit, to continue to the next General Assembly or to postpone indefinitely, having been once decided, shall be again allowed at the same session and at the same state of the bill or subject matter.
30. (a) Amendments shall be filed with the clerk of the Senate before 12 noon on the day the bill is acted upon. Exceptions to this rule shall be allowed:
(1) Upon approval of any two of the following four Senate leaders: The President Pro Tempore, the Senate Republican President Pro Tempore, the Senate Majority Leader or the Deputy Senate Republican President Pro Tempore; or
(2) In the case of bills or resolutions not starred for action or bills or resolutions reported in accordance with subparagraph (a) of paragraph (d) of Rule 15 of the joint rules of the Senate and the House of Representatives.
(b) Upon approval of an amendment pursuant to subdivision (1) of subsection (a) of this section, the sponsor of the amendment shall cause a copy of the signed approval to be provided electronically or by hand to a designated leader or staff member of the other party.
(c) Any member who offers an amendment, originating in the Senate which, if adopted, would reduce state revenues or increase state expenditures by a specified amount or which would involve a significant fiscal impact, shall make available to the President, President Pro Tempore, Senate Republican President Pro Tempore, Senate Majority Leader and the Deputy Senate Republican President Pro Tempore at the time the amendment is offered, in addition to a fiscal note, a signed and typewritten explanation of the decrease in expenditures or the source of the increased revenues required to balance the state budget.
(d) Whenever a bill or resolution is substantively amended, it may be referred to the legislative commissioners to be re-examined for the purposes set forth in Rule 13 of the joint rules of the Senate and the House of Representatives and to be reprinted as amended. The legislative commissioners' office shall complete its examination of any such bill within three calendar days of its receipt. It shall then be printed in the files with a file number and marked on the calendar starred for action on the session day on which it appears.
31. There shall be a consent calendar on which shall be entered such bills and resolutions as the Senate Majority Leader and Deputy Senate Republican President Pro Tempore of the respective house shall designate. All bills and resolutions starred for action on the consent calendar shall be passed on motion without discussion unless, at any time before voting has commenced, a member requests removal of a bill or resolution from the consent calendar in which case such bill or resolution shall be so removed.
32. The rules of parliamentary practice comprised in the 2010 edition of Mason's Manual of Legislative Procedure shall govern the Senate whenever applicable and whenever they are not inconsistent with the standing rules and orders of the Senate or the joint rules of the Senate and the House of Representatives.
33. The rules of the Senate shall take precedence over the joint rules of the Senate and the House of Representatives or Mason's Manual of Legislative Procedure in the event of conflict.
34. No person shall smoke in the Senate chamber or the gallery. No person shall operate a wireless telephone or similar device in the Senate chamber or gallery or use any such device to take photographs or to make video or sound recordings while the Senate is in session. The presiding officer shall enforce this rule.
35. (a) These rules shall not be altered, amended or suspended except by vote of at least two-thirds of the members present.
(b) Motions to suspend the rules shall be in order on any session day. Suspension of a rule shall be for a specified purpose; after the accomplishment of such purpose, the rule shall remain in force as before.
36. Every member present in the Senate Chamber when a question is put by the presiding officer shall vote, unless excused under Rule 15.