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5 | 5 | | 2025 -- S 0594 |
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6 | 6 | | ======== |
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7 | 7 | | LC002312 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | S E N A T E R E S O L U T I O N |
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15 | 15 | | ADOPTING THE RULES OF THE SENATE FOR YEARS 2025-2026 |
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16 | 16 | | Introduced By: Senator Mark P. McKenney |
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17 | 17 | | Date Introduced: February 28, 2025 |
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18 | 18 | | Referred To: Senate Rules, Government Ethics and Oversight |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | RESOLVED, That the following rules be and the same are hereby adopted as the rules of 1 |
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22 | 22 | | the Senate for the years 2025-2026. 2 |
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23 | 23 | | SECTION 1. 3 |
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24 | 24 | | DEFINITIONS 4 |
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25 | 25 | | As used in these rules, the following terms are defined as follows: 5 |
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26 | 26 | | 1.1 "Bill" shall include any act, resolve, resolution or petition which comes before the 6 |
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27 | 27 | | senate for consideration. 7 |
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28 | 28 | | 1.2 "Calendar Day" is that period of twenty-four (24) hours between 12:00 a.m. and 8 |
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29 | 29 | | 12:00 midnight. 9 |
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30 | 30 | | 1.3 "Day" as used in these rules is intended and shall be construed to mean one full 10 |
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31 | 31 | | legislative day of the same session. 11 |
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32 | 32 | | 1.4 "Deputy President Pro Tempore" is a member of the senate elected to that position, 12 |
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33 | 33 | | who may preside over the senate in the absence of the president of the senate and the president 13 |
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34 | 34 | | pro tempore. 14 |
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35 | 35 | | 1.5 "Legislative Day" is a period of time which begins when the senate meets after an 15 |
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36 | 36 | | adjournment and ends when the senate next adjourns. A legislative day is not defined by, or 16 |
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37 | 37 | | confined to, a calendar day. 17 |
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38 | 38 | | 1.6 "Limited-Directed Proxy" means a singular vote on a piece of legislation or matter 18 |
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39 | 39 | | before the senate conducted in accordance with rule 8.13. 19 |
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40 | 40 | | 1.7 "President" is a member of the senate elected to that position, by roll call vote, on 20 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC002312 - Page 2 of 31 |
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44 | 44 | | the first day of session in odd numbered years, or upon a vacancy due to the death, resignation or 1 |
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45 | 45 | | removal of the senator serving in that capacity. The president shall preside over the senate in 2 |
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46 | 46 | | accordance with these Rules. 3 |
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47 | 47 | | 1.8 "President Pro Tempore" is a member of the senate elected to that position, who 4 |
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48 | 48 | | presides over the senate in the absence of the president of the senate. 5 |
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49 | 49 | | 1.9 "Prime Sponsor" shall be that senator whose signature first appears upon the bill. 6 |
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50 | 50 | | 1.10 "Public Bill" shall include all bills except: those which pertain to a particular city or 7 |
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51 | 51 | | town; those which relate to an individual's pension and retirement; those which pertain to 8 |
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52 | 52 | | restoration of corporation charters, and to amendments to authorized holdings by nonprofit 9 |
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53 | 53 | | organizations of a charitable, civic, library or like nature; resolutions memorializing congress, or 10 |
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54 | 54 | | of congratulations, or expressing sympathy of condolences, and all resolutions requesting the 11 |
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55 | 55 | | several departments of state government to grant some privilege, consideration or relief. 12 |
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56 | 56 | | 1.11 "Reading Clerk" is the person elected to that position under provisions of section 13 |
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57 | 57 | | 22-3-2 of the general laws who shall, at the direction of the presiding officer, read to the chamber 14 |
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58 | 58 | | any communication to the senate, resolution, bill or other document and who shall, at the 15 |
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59 | 59 | | direction of the presiding officer, date the bills and other documents before the senate, date 16 |
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60 | 60 | | recording thereon the action taken and/or the disposition thereof. The reading clerk also shall, at 17 |
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61 | 61 | | the direction of the senate, amend any bill and transmit any bill to the house of representatives 18 |
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62 | 62 | | and perform such other duties as may from time to time be prescribed by the president of the 19 |
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63 | 63 | | senate. 20 |
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64 | 64 | | 1.12 "Secretary of the Senate" is the person elected to that position under provisions of 21 |
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65 | 65 | | section 22-3-2 of the general laws who shall, at the direction of the presiding officer, record the 22 |
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66 | 66 | | proceedings of the senate in a journal, signing said journal as secretary of the senate, and who 23 |
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67 | 67 | | shall, upon their referral, deliver bills and other documents to their respective committees, hold 24 |
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68 | 68 | | and maintain in good order any bill assigned to the calendar or the consent calendar, and transmit 25 |
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69 | 69 | | any bill or document to the governor. The secretary of the senate also shall perform those duties 26 |
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70 | 70 | | prescribed in other sections hereof and those which may from time to time be prescribed by the 27 |
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71 | 71 | | president of the senate. 28 |
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72 | 72 | | 1.13 "The Rise of the Senate" occurs upon the conclusion of senate floor business and 29 |
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73 | 73 | | the exact time varies by the amount of business to be conducted on a particular legislative day. 30 |
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74 | 74 | | 1.14 "The Senate Chamber" or "Chamber" shall include the floor, the corridor behind 31 |
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75 | 75 | | the floor, the cloak room and the senate lounge. 32 |
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76 | 76 | | 1.15 "Vote" or "Majority Vote" as used herein shall mean a majority of members 33 |
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77 | 77 | | present and voting unless specifically stated otherwise. 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC002312 - Page 3 of 31 |
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81 | 81 | | SECTION 2. 1 |
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82 | 82 | | PRESIDING OFFICER 2 |
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83 | 83 | | 2.1 Presiding Officer. 3 |
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84 | 84 | | The president of the senate shall, unless absent from the chamber, be the presiding officer 4 |
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85 | 85 | | of the sessions of the senate. In the absence of the president from the chair, the president pro 5 |
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86 | 86 | | tempore shall preside over the senate. The president may appoint a member of the senate to 6 |
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87 | 87 | | temporarily preside over the senate, but in no event shall such appointment continue beyond the 7 |
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88 | 88 | | legislative day on which it is made. In case of a vacancy in the offices of president, president pro 8 |
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89 | 89 | | tempore and the deputy president pro tempore, or in case all said officers are absent at the hour to 9 |
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90 | 90 | | which the senate stands adjourned, the reading clerk shall call the senate to order, and shall 10 |
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91 | 91 | | preside until a president pro tempore is elected, which election shall be the first order of business. 11 |
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92 | 92 | | 2.2 Duties of the Presiding Officer. 12 |
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93 | 93 | | The presiding officer shall preserve order and decorum in and about the senate chamber 13 |
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94 | 94 | | during the senate session in order to prevent interference with the senate's business and 14 |
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95 | 95 | | deliberations. The presiding officer may speak in preference to the senators, shall decide all 15 |
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96 | 96 | | questions of order without debate and shall declare all votes. The assignment of bills to 16 |
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97 | 97 | | committee shall be at the discretion of the president of the senate subject to section 4.4; provided, 17 |
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98 | 98 | | however, that the president of the senate may delegate such authority to the majority leader of the 18 |
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99 | 99 | | senate. 19 |
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100 | 100 | | 2.3 Appealing the Ruling of Presiding Officer. 20 |
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101 | 101 | | Any senator may appeal the ruling of the presiding officer by rising as soon as the ruling 21 |
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102 | 102 | | is made, even though another has the floor and, without waiting to be recognized by the chair, 22 |
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103 | 103 | | stating, "I appeal the ruling of the chair," and upon such appeal being seconded, the presiding 23 |
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104 | 104 | | officer shall immediately and without debate put the question, "Shall the ruling of the chair be 24 |
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105 | 105 | | sustained?", which question shall be decided by majority vote of the senators present and voting. 25 |
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106 | 106 | | Once sustained, the ruling shall not be subject to another appeal on the same point. 26 |
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107 | 107 | | SECTION 3. 27 |
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108 | 108 | | ORDER OF BUSINESS ON THE SENATE FLOOR 28 |
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109 | 109 | | 3.1 Commencement of Daily Session. 29 |
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110 | 110 | | The presiding officer shall take the chair at the hour to which the senate shall have 30 |
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111 | 111 | | convened, call the senators to order, and record attendance by electronic roll call. A quorum shall 31 |
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112 | 112 | | consist of a majority of the members elected. Upon late arrival, at any time prior to the 32 |
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113 | 113 | | adjournment of the senate, a senator may report his or her presence to the secretary of the senate 33 |
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114 | 114 | | who shall record the senator's attendance in the journal. 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC002312 - Page 4 of 31 |
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118 | 118 | | 3.2 Reading the Journal. 1 |
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119 | 119 | | The reading clerk of the senate shall, at the commencement of the session of each 2 |
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120 | 120 | | legislative day, read the proceedings of the previous legislative day, unless such reading is 3 |
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121 | 121 | | dispensed with by a majority of the senators present and voting. 4 |
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122 | 122 | | 3.3 Daily Business. 5 |
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123 | 123 | | After the reading of the proceedings of the previous legislative day the order of business 6 |
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124 | 124 | | shall be as follows unless otherwise ordered by the President of the Senate: 7 |
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125 | 125 | | (1) Introduction of guests 8 |
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126 | 126 | | (2) Communications 9 |
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127 | 127 | | (3) Reports of committees 10 |
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128 | 128 | | (4) Introduction and reference of new business 11 |
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129 | 129 | | (5) Unfinished business 12 |
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130 | 130 | | (6) Consideration of house transmittals 13 |
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131 | 131 | | (7) Consent calendar 14 |
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132 | 132 | | (8) Calendar 15 |
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133 | 133 | | (9) Introduction of guests 16 |
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134 | 134 | | (10) Personal privilege 17 |
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135 | 135 | | (11) Address of important matters 18 |
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136 | 136 | | (12) Daily adjournment 19 |
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137 | 137 | | 3.4 Final Adjournment. 20 |
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138 | 138 | | The last order of business of the annual session of the senate shall be the vote in 21 |
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139 | 139 | | conformity with the resolution of final adjournment or recess which must be carried by a majority 22 |
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140 | 140 | | vote of the senators present and voting. 23 |
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141 | 141 | | 3.5 Time for Sessions. 24 |
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142 | 142 | | Unless otherwise provided for by agreement of president of the senate, the majority 25 |
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143 | 143 | | leader and minority leader, sessions of the senate shall convene at 4:00 p.m. All sessions must 26 |
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144 | 144 | | adjourn at or before 11:00 p.m. 27 |
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145 | 145 | | SECTION 4. 28 |
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146 | 146 | | ACTS AND RESOLUTIONS 29 |
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147 | 147 | | 4.1 Form of Bills. 30 |
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148 | 148 | | Every bill offered which is intended to amend any part or parts of an existing statute, any 31 |
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149 | 149 | | part or parts intended to be stricken shall be contained in the bill and by appropriate mechanical 32 |
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150 | 150 | | mark, struck through. All new matter contained in the bill shall be underlined, underscored or 33 |
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151 | 151 | | printed in italics so that the new matter shall be easily discerned. If the bill contains all new 34 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LC002312 - Page 5 of 31 |
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155 | 155 | | matter constituting a totally new law or a totally new section, and the bill itself so indicates, no 1 |
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156 | 156 | | underlining, underscoring or italics shall be required. Every bill containing a commission to 2 |
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157 | 157 | | which appointments shall be made shall be indicated in the title of such bill. 3 |
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158 | 158 | | No bill without a body or substantive content shall be introduced at any time, nor shall a 4 |
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159 | 159 | | substitute bill be accepted which is not consistent with the title and substance of the original bill. 5 |
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160 | 160 | | All bills introduced on behalf of any general officer, branch, department or division of 6 |
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161 | 161 | | state government shall state on the face sheet thereof with the title of the general officer or the 7 |
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162 | 162 | | name of the branch, department or division on whose behalf the bill is introduced. 8 |
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163 | 163 | | A prime sponsor may withdraw a bill or resolution previously introduced at any time 9 |
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164 | 164 | | prior to its consideration by a committee, upon written request to the secretary of the senate. 10 |
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165 | 165 | | Other than the prime sponsor of a bill, a senator may elect in writing to the secretary of 11 |
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166 | 166 | | the senate to have his or her name disassociated from the bill and the secretary of the senate shall 12 |
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167 | 167 | | immediately notify the committee clerk to which the bill is assigned. 13 |
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168 | 168 | | All bills shall be processed through legislative council. 14 |
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169 | 169 | | 4.2 Explanation of Bills. 15 |
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170 | 170 | | There shall be attached to each bill a brief explanation thereof and the explanation of 16 |
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171 | 171 | | such bill shall indicate the proposed changes, and/or the statute or existing law which such bill 17 |
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172 | 172 | | purports to amend. 18 |
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173 | 173 | | 4.3 Copies of Bills. 19 |
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174 | 174 | | Each bill introduced shall be accompanied by not less than eight (8) copies thereof, with 20 |
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175 | 175 | | said copies delivered by the secretary of the senate to the office of the president of the senate for 21 |
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176 | 176 | | subsequent distribution as determined by the president of the senate. Nothing in this section shall 22 |
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177 | 177 | | prevent a senator from obtaining a preliminary draft of legislation for his or her review prior to 23 |
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178 | 178 | | introduction. 24 |
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179 | 179 | | 4.4 Filing with Secretary of the Senate 25 |
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180 | 180 | | All senators desiring to introduce a bill shall file the bill with the secretary of the senate 26 |
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181 | 181 | | not later than the time at which the presiding officer calls the senate to order. The secretary of the 27 |
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182 | 182 | | senate shall transmit to the office of the president of the senate all bills on the legislative day of 28 |
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183 | 183 | | their introduction. On the day of introduction, the president shall, upon adjournment, assign bills 29 |
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184 | 184 | | to committee. The secretary of the senate shall cause all bills introduced to be published in the 30 |
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185 | 185 | | senate journal for that legislative day. Any senator may object to the committee assignment of 31 |
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186 | 186 | | any bill on the first or second legislative day following the bill's introduction. Upon objection 32 |
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187 | 187 | | being made, the presiding officer shall assign the bill to the committee requested by the senator 33 |
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188 | 188 | | making the objection; provided, however, that if another senator objects to any assignment or 34 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | LC002312 - Page 6 of 31 |
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192 | 192 | | proposed assignment of the bill, then the presiding officer shall call for a vote of the senate on 1 |
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193 | 193 | | any motion for assignment which has been made and seconded, such motion requiring a majority 2 |
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194 | 194 | | vote of those Senators present and voting for assignment to a particular committee. First reading 3 |
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195 | 195 | | of all such bills and resolutions shall be by acceptance of the bill and the committee assignment. 4 |
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196 | 196 | | 4.5 Deadline for Introductions. 5 |
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197 | 197 | | No public bill shall be introduced in the senate after the Thursday preceding the winter 6 |
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198 | 198 | | recess of each session, except with the consent of the President of the Senate. Except as otherwise 7 |
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199 | 199 | | expressly directed by the president of the senate, all requests for the preparation of public bills 8 |
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200 | 200 | | shall be submitted to the offices of Legislative Council no later than the close of business on the 9 |
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201 | 201 | | Friday next preceding the bill-introduction deadline set forth herein. 10 |
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202 | 202 | | 4.6 Omnibus Claims Against the State. 11 |
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203 | 203 | | Claims against the state in the amount of one thousand dollars ($1,000) or less shall not 12 |
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204 | 204 | | be presented in bill or resolution form, but shall be submitted to the clerk of the joint committee 13 |
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205 | 205 | | on accounts and claims in writing upon a form approved by the chairperson of the joint 14 |
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206 | 206 | | committee on accounts and claims. Any claims approved by the joint committee shall be 15 |
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207 | 207 | | submitted in the form of an omnibus bill which will be placed upon the consent calendar. 16 |
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208 | 208 | | 4.7 Resolutions of Congratulations and Condolences. 17 |
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209 | 209 | | Notwithstanding any other provisions of these rules, all resolutions of congratulations or 18 |
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210 | 210 | | expressing sympathy or condolences except with respect to former and present members of the 19 |
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211 | 211 | | general assembly, general officers, members of the judiciary and elected state or federal officials, 20 |
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212 | 212 | | shall be placed on the consent calendar, unless otherwise ordered by the president of the senate. 21 |
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213 | 213 | | Said resolution of congratulations and condolences shall not require concurrent action; upon 22 |
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214 | 214 | | passage, shall be forthwith transmitted to the secretary of state, and an appropriate notice of the 23 |
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215 | 215 | | action of the senate thereon shall be forwarded, as requested in the resolution, by the secretary of 24 |
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216 | 216 | | state. One formal resolution may include all the expressions of sympathy or congratulations of the 25 |
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217 | 217 | | several senators. 26 |
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218 | 218 | | 4.8 Enactment of Laws. 27 |
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219 | 219 | | The concurrence of the two houses in the same session shall be necessary for the 28 |
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220 | 220 | | enactment of all bills except for senate resolutions. 29 |
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221 | 221 | | 4.9 Electronic Availability of Public Bills--Requirements. 30 |
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222 | 222 | | 4.9-1 Public Bills. 31 |
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223 | 223 | | No public bill shall be considered upon its merits unless it has been electronically 32 |
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224 | 224 | | available to the members at least two (2) calendar days prior to its consideration on the merits, 33 |
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225 | 225 | | except any public bill passed by the senate and amended by the house, provided that the amended 34 |
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226 | 226 | | |
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227 | 227 | | |
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228 | 228 | | LC002312 - Page 7 of 31 |
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229 | 229 | | public bill shall be electronically available to the senators before consideration. 1 |
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230 | 230 | | 4.9-2 Committee Amendments. 2 |
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231 | 231 | | Except by majority vote, no public bill amended in a committee of the senate shall be 3 |
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232 | 232 | | considered upon the senate floor unless it has been electronically available to the senators. 4 |
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233 | 233 | | 4.9-3 Materially Altered Bills. 5 |
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234 | 234 | | Whenever a committee shall have determined to report a bill which has been materially 6 |
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235 | 235 | | altered by the committee, the committee chair shall forthwith provide for printing and electronic 7 |
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236 | 236 | | reproduction of the same. In the event that a bill is not deemed to have been materially altered, 8 |
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237 | 237 | | which determination shall be made by the committee chair, a bill shall be printed only upon the 9 |
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238 | 238 | | request of the president of the senate, the majority leader or the minority leader. Nothing in these 10 |
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239 | 239 | | rules shall preclude the committee chair, with a majority of the committee, to change an act to a 11 |
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240 | 240 | | resolution or a resolution to an act on a substitute bill. 12 |
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241 | 241 | | 4.10 Copies of Bills and Voting Records. 13 |
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242 | 242 | | The secretary of the senate shall retain in the files of the senate as many copies of each 14 |
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243 | 243 | | bill as the secretary of the senate deems necessary and the voting records on each question. 15 |
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244 | 244 | | 4.11 Requests for Funding of Community Service Objectives. 16 |
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245 | 245 | | Requests for the funding of community service objectives grants shall not be presented in 17 |
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246 | 246 | | bill or resolution form, but shall be submitted to the senate fiscal advisor in writing upon a form 18 |
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247 | 247 | | approved by the chairperson of the senate committee on finance. 19 |
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248 | 248 | | 4.12 Death or Resignation of a Member. 20 |
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249 | 249 | | In the event that any member or member-elect shall die or resign after filing and before 21 |
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250 | 250 | | consideration by committee, the death or resignation of said member or member-elect shall 22 |
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251 | 251 | | constitute automatic withdrawal of said bill or resolution and automatic withdrawal of the number 23 |
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252 | 252 | | of said bill or resolution and said number shall not be used again during the legislative session; 24 |
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253 | 253 | | provided, however, that where a bill or resolution shall have had more than one sponsor, said bill 25 |
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254 | 254 | | or resolution and number shall not be withdrawn and the member whose name appears second on 26 |
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255 | 255 | | said bill or resolution shall become the prime sponsor. 27 |
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256 | 256 | | 4.13 Limitation on Number of Bills Introduced. 28 |
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257 | 257 | | No Senator shall introduce more than twenty-five (25) public bills during the annual 29 |
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258 | 258 | | session except with the permission of the President of the Senate. 30 |
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259 | 259 | | SECTION 5. 31 |
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260 | 260 | | COMMITTEES 32 |
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261 | 261 | | 5.1 Standing Committees. 33 |
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262 | 262 | | The senate shall have the following standing committees: 34 |
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263 | 263 | | |
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264 | 264 | | |
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265 | 265 | | LC002312 - Page 8 of 31 |
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266 | 266 | | 1. Committee on Judiciary 1 |
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267 | 267 | | 2. Committee on Finance 2 |
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268 | 268 | | 3. Committee on Housing and Municipal Government 3 |
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269 | 269 | | 4. Committee on Labor and Gaming 4 |
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270 | 270 | | 5. Committee on Special Legislation and Veterans’ Affairs 5 |
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271 | 271 | | 6. Committee on Health and Human Services 6 |
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272 | 272 | | 7. Committee on Education 7 |
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273 | 273 | | 8. Committee on Commerce 8 |
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274 | 274 | | 9. Committee on Environment and Agriculture 9 |
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275 | 275 | | 10. Committee on Rules, Government Ethics and Oversight 10 |
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276 | 276 | | 11. Committee on Artificial Intelligence and Emerging Technologies 11 |
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277 | 277 | | 5.1-1 Committee on Judiciary. 12 |
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278 | 278 | | It shall be the duty of the committee on judiciary to consider the appointments of the 13 |
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279 | 279 | | governor referred to it by the senate which require the advice and consent of the senate and all 14 |
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280 | 280 | | legislation and matters which affect the penal code, judicial system, ethics, open meetings, access 15 |
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281 | 281 | | to public records and election laws of the state, to maintain oversight over the application, 16 |
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282 | 282 | | execution and operation of the laws within its jurisdiction, expulsion of a member and to consider 17 |
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283 | 283 | | such other matters as may be referred to it by the senate. In the matters of judicial appointments, 18 |
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284 | 284 | | expulsion of a member and those public hearings designated by the committee chair, all 19 |
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285 | 285 | | testimony shall be under oath and preserved by stenographic record which shall be transcribed 20 |
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286 | 286 | | upon the order of the chair. 21 |
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287 | 287 | | 5.1-2 Committee on Finance. 22 |
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288 | 288 | | It shall be the duty of the committee on finance to consider the appointments of the 23 |
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289 | 289 | | governor referred to it by the senate which require the advice and consent of the senate and all 24 |
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290 | 290 | | legislation and matters relative to revenue, appropriations and taxes, to inquire into the state of 25 |
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291 | 291 | | the public debt, to report from time to time its opinion thereon and such propositions relative 26 |
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292 | 292 | | thereto as it shall deem expedient, to maintain oversight over the application, execution and 27 |
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293 | 293 | | operation of the laws within its jurisdiction and to consider such other matters as may be referred 28 |
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294 | 294 | | to it by the senate. The chair of the committee shall be authorized to appoint as many sub- 29 |
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295 | 295 | | committees as he or she deems necessary, including, but not limited to, a sub-committee on 30 |
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296 | 296 | | veterans affairs. 31 |
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297 | 297 | | 5.1-3 Committee on Housing and Municipal Government. 32 |
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298 | 298 | | It shall be the duty of the committee on housing and municipal government to consider 33 |
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299 | 299 | | the appointments of the governor referred to it by the senate which require the advice and consent 34 |
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300 | 300 | | |
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301 | 301 | | |
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302 | 302 | | LC002312 - Page 9 of 31 |
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303 | 303 | | of the senate and all legislation and matters affecting housing, municipal government, 1 |
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304 | 304 | | transportation, to maintain oversight over the application, execution and operation of the laws 2 |
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305 | 305 | | within its jurisdiction and to consider such other matters as may be referred to it by the senate. 3 |
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306 | 306 | | 5.1-4 Committee on Labor and Gaming. 4 |
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307 | 307 | | It shall be the duty of the committee on labor to consider the appointments of the 5 |
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308 | 308 | | governor referred to it by the senate which require the advice and consent of the senate and all 6 |
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309 | 309 | | legislation and matters relating to gaming issues, constitutional amendments relating to gaming 7 |
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310 | 310 | | issues, the workers' compensation and labor laws of the state, to maintain oversight over the 8 |
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311 | 311 | | application, execution and operation of the laws within its jurisdiction and to consider such other 9 |
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312 | 312 | | matters as may be referred to it by the senate. 10 |
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313 | 313 | | 5.1-5 Committee on Special Legislation and Veterans’ Affairs. 11 |
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314 | 314 | | It shall be the duty of the committee on special legislation and veterans’ affairs to 12 |
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315 | 315 | | consider the appointments of the governor referred to it by the senate which require the advice 13 |
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316 | 316 | | and consent of the senate and all legislation and matters relating to constitutional amendments, 14 |
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317 | 317 | | liquor laws, license plates, veterans’ affairs, domestic animals, commissions and resolutions, to 15 |
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318 | 318 | | maintain oversight over the application, execution and operation of the laws within its jurisdiction 16 |
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319 | 319 | | and to consider such other matters as may be referred to it by the senate. 17 |
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320 | 320 | | 5.1-6 Committee on Health and Human Services. 18 |
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321 | 321 | | It shall be the duty of the committee on health and human services to consider the 19 |
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322 | 322 | | appointments of the governor referred to it by the senate which require the advice and consent of 20 |
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323 | 323 | | the senate and to consider all reports of the departments of health, of human services, of 21 |
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324 | 324 | | behavioral healthcare, developmental disabilities and hospitals, of children, youth and families, 22 |
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325 | 325 | | and of elderly affairs; to consider all legislation and matters expanding or defining further areas 23 |
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326 | 326 | | of responsibility of the foregoing and to consider all legislation and matters relative to public 24 |
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327 | 327 | | health and welfare; health care and human service access and quality; health and human service 25 |
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328 | 328 | | professional standards of practice, and facility standards of care; to maintain oversight over the 26 |
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329 | 329 | | application, execution and operation of the laws within its jurisdiction; and to consider such other 27 |
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330 | 330 | | matters as may be referred to it by the senate. 28 |
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331 | 331 | | 5.1-7 Committee on Education. 29 |
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332 | 332 | | It shall be the duty of the committee on education to consider the appointments of the 30 |
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333 | 333 | | governor referred to it by the senate which require the advice and consent of the senate and all 31 |
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334 | 334 | | legislation and matters relating to student performance, governance, programming, teacher 32 |
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335 | 335 | | preparation and planning, as well as the work and operation of all state agencies regarding all 33 |
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336 | 336 | | levels of education, make findings, and recommend policy initiatives and other actions to the 34 |
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337 | 337 | | |
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338 | 338 | | |
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339 | 339 | | LC002312 - Page 10 of 31 |
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340 | 340 | | general assembly. The committee shall also exercise oversight in relation to the implementation 1 |
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341 | 341 | | of all legislation and grants of authority relating to all levels of public education in the state by all 2 |
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342 | 342 | | agencies, state and local, charged and empowered by the general assembly in relating to all levels 3 |
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343 | 343 | | of public education, to maintain oversight over the application, execution and operation of the 4 |
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344 | 344 | | laws within its jurisdiction and to consider such other matters as may be referred to it by the 5 |
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345 | 345 | | senate. 6 |
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346 | 346 | | 5.1-8 Committee on Commerce. 7 |
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347 | 347 | | It shall be the duty of the committee on commerce to consider the appointments of the 8 |
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348 | 348 | | governor referred to it by the senate which require the advice and consent of the senate and all 9 |
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349 | 349 | | legislation and matters relating to financial institutions, business regulation, property and casualty 10 |
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350 | 350 | | insurance, technology and telecommunications, for profit as well as not-for-profit business 11 |
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351 | 351 | | entities, to maintain oversight over the application, execution and operation of the laws within its 12 |
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352 | 352 | | jurisdiction and to consider such other matters as may be referred to it by the senate. 13 |
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353 | 353 | | 5.1-9 Committee on Environment and Agriculture. 14 |
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354 | 354 | | It shall be the duty of the committee on environment and agriculture to consider the 15 |
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355 | 355 | | appointments of the governor referred to it by the senate which require the advice and consent of 16 |
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356 | 356 | | the senate and all legislation and matters relating to the conservation of the air, land, water, plant, 17 |
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357 | 357 | | animal, mineral and other natural resources of the state, and to adopt all means necessary and 18 |
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358 | 358 | | proper by law to protect the natural environment of the people of the state by providing adequate 19 |
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359 | 359 | | resource planning for the control and regulation of the use of the natural resources of the state and 20 |
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360 | 360 | | for the preservation, regeneration, and restoration of the natural environment of the state, to 21 |
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361 | 361 | | maintain oversight over the application, execution and operation of the laws within its jurisdiction 22 |
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362 | 362 | | and to consider such other matters as may be referred to it by the senate. 23 |
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363 | 363 | | 5.1-10 Committee on Rules, Government Ethics and Oversight 24 |
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364 | 364 | | It shall be the duty of the committee on rules, government ethics and oversight consider 25 |
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365 | 365 | | the appointments of the governor referred to it by the senate which require the advice and consent 26 |
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366 | 366 | | of the senate, and (1) Consider all matters relating to the rules of the senate; (2) to ensure that the 27 |
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367 | 367 | | members of the Senate and its staff, through education, monitoring and disseminating the 28 |
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368 | 368 | | opinions of the Rhode Island Ethics Commission, adhere to the highest standards of ethical 29 |
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369 | 369 | | conduct, respect the public trust and the rights of all persons, be open, accountable and 30 |
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370 | 370 | | responsive, avoid the appearance of impropriety, and not use their position for private gain or 31 |
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371 | 371 | | advantage; (3) to monitor and evaluate past, current and prospective performance of public bodies 32 |
---|
372 | 372 | | and statutory entities, including quasi-public agencies that exercise executive governmental 33 |
---|
373 | 373 | | functions (except public bodies and statutory entities of the legislative and judiciary branches of 34 |
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374 | 374 | | |
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375 | 375 | | |
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376 | 376 | | LC002312 - Page 11 of 31 |
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377 | 377 | | the state) and any other public or private person, including any agencies, partnerships, corporation 1 |
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378 | 378 | | or business entity insofar as such person is acting on behalf of and/or in place of any public 2 |
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379 | 379 | | agency; (4) to consider the organization, reorganization, creation or termination of such public 3 |
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380 | 380 | | bodies, statutory entities, including quasi-public agencies and public or private persons; (5) to 4 |
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381 | 381 | | review and consider the reports of the auditor general; (6) to report its opinion and/or 5 |
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382 | 382 | | recommendation of legislation or action regarding the foregoing matters; (7) to consider any bill 6 |
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383 | 383 | | referred to it by the senate, including, but not limited to any act, resolve, resolution or petition; 7 |
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384 | 384 | | and (8) to consider such other matters that are referred to it by the senate. 8 |
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385 | 385 | | 5.1-11 Committee on Artificial Intelligence and Emerging Technologies. 9 |
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386 | 386 | | It shall be the duty of the committee on artificial intelligence and emerging technologies 10 |
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387 | 387 | | to consider the appointments of the governor referred to it by the senate which require the advice 11 |
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388 | 388 | | and consent of the senate and all legislation and matters relating to the creation, use, and 12 |
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389 | 389 | | regulation of artificial intelligence and emerging technologies, and to maintain oversight over the 13 |
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390 | 390 | | application, execution and operation of the laws within its jurisdiction and to consider such other 14 |
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391 | 391 | | matters as may be referred to it by the senate. 15 |
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392 | 392 | | 5.2 Committee Membership. 16 |
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393 | 393 | | Each of the standing committees of the senate shall consist of the president of the senate, 17 |
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394 | 394 | | ex officio with voting rights, and the majority and minority leaders of the senate, ex officio, with 18 |
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395 | 395 | | voting rights, and senators appointed by the president of the senate, each to serve until January 7, 19 |
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396 | 396 | | 2025 January 5, 2027. Provided, however, that the president of the senate may change the 20 |
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397 | 397 | | committee assignment of a member without the member's consent, for cause only; and provided 21 |
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398 | 398 | | further, however, that each senator other than the president and the majority and minority leaders, 22 |
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399 | 399 | | shall serve as a member of one of the following standing committees: committee on health and 23 |
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400 | 400 | | human services; committee on commerce; committee on finance; committee on the judiciary. In 24 |
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401 | 401 | | addition to the committees appointed by the president of the senate, the majority and minority 25 |
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402 | 402 | | whips of the senate shall serve ex officio, with voting rights on all standing committees of the 26 |
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403 | 403 | | senate. 27 |
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404 | 404 | | 5.3 Vacancies on Committees. 28 |
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405 | 405 | | All vacancies occurring in any committee of the senate shall be filled by the president of 29 |
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406 | 406 | | the senate. 30 |
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407 | 407 | | 5.4 Officers of Committees. 31 |
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408 | 408 | | The president of the senate shall appoint from the membership of each committee a chair, 32 |
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409 | 409 | | vice chair and secretary and such other committee officers as the president of the senate deems 33 |
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410 | 410 | | appropriate. 34 |
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411 | 411 | | |
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412 | 412 | | |
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413 | 413 | | LC002312 - Page 12 of 31 |
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414 | 414 | | 5.5 Select Committees. 1 |
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415 | 415 | | The senate may, from time to time, by resolution, provide for the establishment of select 2 |
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416 | 416 | | committees upon such subjects as it may deem proper, and upon the adoption of such resolution, 3 |
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417 | 417 | | the president of the senate shall appoint the chair and members thereof, and shall provide for 4 |
---|
418 | 418 | | minority party representation. Any committee created pursuant to this rule shall be deemed a 5 |
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419 | 419 | | standing committee for all purposes of law, including the applicability of section 22-6-2.1 of the 6 |
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420 | 420 | | general laws. 7 |
---|
421 | 421 | | 5.6 Referral to Committee. 8 |
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422 | 422 | | No bill shall be considered or acted upon by the senate unless the same has been 9 |
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423 | 423 | | considered by, reported, or recalled from a committee thereof, or from a joint committee, except 10 |
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424 | 424 | | as otherwise provided in these rules. All acts seeking to vacate the forfeiture of a charter 11 |
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425 | 425 | | previously granted under the laws of this state shall not be referred to committee but rather 12 |
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426 | 426 | | directly assigned to the calendar. 13 |
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427 | 427 | | 5.7 Committees of Conference. 14 |
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428 | 428 | | There shall be appointed from time to time committees of conference to which are 15 |
---|
429 | 429 | | referred matters of difference with the house with respect to bills or resolutions. Such committees 16 |
---|
430 | 430 | | shall be appointed by the speaker and the president of the senate, and shall be comprised of five 17 |
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431 | 431 | | (5) members from the house and five (5) members from the senate. At least one (1) member in 18 |
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432 | 432 | | each chamber shall be a member of the minority party. When possible, one (1) member shall be 19 |
---|
433 | 433 | | the prime sponsor of the bill or resolution being considered before the committee of conference 20 |
---|
434 | 434 | | and one (1) member shall be from the committee that shall have considered the bill or resolution. 21 |
---|
435 | 435 | | The committee may propose any changes within the scope of the bill or resolution, but any action, 22 |
---|
436 | 436 | | including changes, taken by committee shall be by a majority vote of the members of each 23 |
---|
437 | 437 | | chamber on the committee. The committee report shall be made to both chambers at the same 24 |
---|
438 | 438 | | time. Each chamber shall vote to accept or reject the report. A vote by either chamber to accept 25 |
---|
439 | 439 | | the report of the committee shall be the final action by that chamber on the bill or resolution. If 26 |
---|
440 | 440 | | both chambers vote to accept the report of the committee, the bill is passed or the resolution 27 |
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441 | 441 | | adopted as of the time the last chamber votes to accept the report. If either chamber rejects the 28 |
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442 | 442 | | report of the committee, the bill or resolution is defeated and the second chamber shall not be 29 |
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443 | 443 | | required to consider the committee report. The report of the committee may be accepted or 30 |
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444 | 444 | | rejected, but it may not be amended. The committee report shall contain the following 31 |
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445 | 445 | | information: the bill number and title, the members of the committee, the action of the committee, 32 |
---|
446 | 446 | | and the signature of the members of the committee accepting or rejecting the report. 33 |
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447 | 447 | | The conferees shall confine themselves to the differences which exist within bills or 34 |
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448 | 448 | | |
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449 | 449 | | |
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450 | 450 | | LC002312 - Page 13 of 31 |
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451 | 451 | | resolutions between the house and senate. The presentation of reports of committees of 1 |
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452 | 452 | | conference shall be in order after having been signed by a majority of the members of the 2 |
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453 | 453 | | committee of each chamber. Consideration of a report of a committee of conference by the senate 3 |
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454 | 454 | | shall be in order when it has been made electronically available to all members and listed on the 4 |
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455 | 455 | | calendar for the required period of time according to these rules. 5 |
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456 | 456 | | 5.8 Oaths Administered in Committee. 6 |
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457 | 457 | | In the discretion of the chair, any witness may, before testifying, be required to declare 7 |
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458 | 458 | | that they will testify truthfully, by oath or affirmation. 8 |
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459 | 459 | | SECTION 6. 9 |
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460 | 460 | | PROCEEDINGS IN COMMITTEE 10 |
---|
461 | 461 | | 6.1 Time for Committee Meetings. 11 |
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462 | 462 | | The president of the senate, in consultation with the chairs, shall establish regular 12 |
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463 | 463 | | calendar days and times for the meetings of all standing committees. The committee chair may 13 |
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464 | 464 | | call such other meetings as may be required to conduct the business of the committee. 14 |
---|
465 | 465 | | 6.2 Committee Agenda – Posting. 15 |
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466 | 466 | | At least forty-eight (48) hours before any standing committee meeting, a committee 16 |
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467 | 467 | | agenda containing the number, title and a short explanation of each bill to be considered will be 17 |
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468 | 468 | | placed on the official general assembly website, as well as on a bulletin or electronic board of 18 |
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469 | 469 | | which shall be for the public's use and shall be situated at the main entrance to the state library 19 |
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470 | 470 | | and the legislative data bulletin board. The rule shall not apply to bills previously passed by the 20 |
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471 | 471 | | senate and amended by the house. 21 |
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472 | 472 | | 6.3 Convening of Meeting. 22 |
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473 | 473 | | The chair of the committee or, in the chair's absence, the vice chair, shall call all regular 23 |
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474 | 474 | | sessions of the committee, set agenda and proceed with the order of business. 24 |
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475 | 475 | | 6.4 Public Participation. 25 |
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476 | 476 | | 6.4-1 Open Meetings. 26 |
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477 | 477 | | Every standing committee meeting, except executive sessions, shall be open to the public 27 |
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478 | 478 | | during the consideration of all matters coming before it. At such open meetings, persons other 28 |
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479 | 479 | | than members of the committee may testify at the discretion of the committee chair on any matter 29 |
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480 | 480 | | posted for a hearing. Any matter posted for consideration only shall not be open for public 30 |
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481 | 481 | | testimony. 31 |
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482 | 482 | | 6.4-2 Executive Sessions. 32 |
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483 | 483 | | Any standing committee may be called into executive session by the chair or upon 33 |
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484 | 484 | | motion of one of the committee members if the matter under consideration is deemed by the chair 34 |
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485 | 485 | | |
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486 | 486 | | |
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487 | 487 | | LC002312 - Page 14 of 31 |
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488 | 488 | | to comply with those provisions of the "Open Meetings" law (chapter 42-46) which provides for 1 |
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489 | 489 | | closed meetings; provided, however, when the chair of any standing committee calls the 2 |
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490 | 490 | | committee into executive session, the majority of those members present in the executive session 3 |
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491 | 491 | | may vote not to meet in executive session after having heard the reasons for such executive 4 |
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492 | 492 | | session but no other votes shall be permitted in executive sessions. The chair of the committee 5 |
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493 | 493 | | which may be called into executive session shall provide a general description to the public of the 6 |
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494 | 494 | | reason for calling such committee into executive session. 7 |
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495 | 495 | | 6.4-3 Public Hearings. 8 |
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496 | 496 | | In the discretion of the chair, public hearings may be advertised in newspapers, 9 |
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497 | 497 | | stenographic records kept and hearings held at locations other than the state house. The purpose 10 |
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498 | 498 | | of the public hearing shall be to solicit the comments of the public on the matter being 11 |
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499 | 499 | | considered. At the public hearing all persons shall be permitted to testify; provided, however, the 12 |
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500 | 500 | | committee chair may limit the amount of time allotted to speakers except that the prime sponsor 13 |
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501 | 501 | | shall not have a time limit to speak and shall upon request be the first speaker at the hearing. 14 |
---|
502 | 502 | | After the public hearing has been held for a reasonable period and if there are still persons 15 |
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503 | 503 | | wishing to speak, the committee chair may continue the hearing until another date. 16 |
---|
504 | 504 | | 6.5 Hearing and Consideration of Bills. 17 |
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505 | 505 | | Upon a written request by the prime sponsor of any public bill received by the secretary 18 |
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506 | 506 | | of the senate before the closing of the next legislative day after the deadline for introduction as 19 |
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507 | 507 | | specified in section 4.5 that a committee hearing be held with respect to such bill, the committee 20 |
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508 | 508 | | chair shall schedule a committee hearing within eight (8) legislative days of such request unless a 21 |
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509 | 509 | | later date is agreed to by the prime sponsor. "Received" as used herein shall mean receipt in hand 22 |
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510 | 510 | | by the secretary of the senate or his or her designee. The secretary shall note the date and time of 23 |
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511 | 511 | | receipt on the request and such notation shall be dispositive. On the same day, the sponsor shall 24 |
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512 | 512 | | hand deliver copies of the request to the president of the senate and to the committee chair or their 25 |
---|
513 | 513 | | designees. The committee shall consider said bill not more than eight (8) legislative days after the 26 |
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514 | 514 | | committee hearing, unless a later date is agreed to by the prime sponsor. If the committee does 27 |
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515 | 515 | | not consider the bill then the committee shall be discharged of its responsibility to consider such 28 |
---|
516 | 516 | | bill and such bill shall be placed on the senate calendar pursuant to section 7.6 hereof. 29 |
---|
517 | 517 | | Consideration by a committee shall mean any one of the following actions: recommendation of 30 |
---|
518 | 518 | | passage, recommendation of passage as amended, transfer to another committee, indefinite 31 |
---|
519 | 519 | | postponement, hold for further study or defeat of the bill. Provided further, the minority leader 32 |
---|
520 | 520 | | may request in writing within twenty-four (24) hours after the deadline for introductions specified 33 |
---|
521 | 521 | | in section 4.5 a hearing on any senate bill in committee. In the event a request is made pursuant to 34 |
---|
522 | 522 | | |
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523 | 523 | | |
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524 | 524 | | LC002312 - Page 15 of 31 |
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525 | 525 | | this rule at a time less than sixteen (16) days before the deadline for committee consideration set 1 |
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526 | 526 | | forth in section 6.9, then such request shall not be proper and shall be automatically denied. 2 |
---|
527 | 527 | | 6.6 Quorum. 3 |
---|
528 | 528 | | A committee shall not vote upon any bill in the absence of a quorum which shall consist 4 |
---|
529 | 529 | | of a majority of the committee's members; provided, however, that at the discretion of the chair, 5 |
---|
530 | 530 | | less than a quorum may conduct any hearing including public hearings. 6 |
---|
531 | 531 | | 6.7 Minority Representation. 7 |
---|
532 | 532 | | When there is no minority member present and the committee is to consider a bill, the 8 |
---|
533 | 533 | | committee chair shall notify the office of the minority leader. Unless waived by the minority 9 |
---|
534 | 534 | | leader, the committee shall not conduct business for a reasonable time not to exceed fifteen (15) 10 |
---|
535 | 535 | | minutes or until a minority member of the committee is present. Once a minority member is 11 |
---|
536 | 536 | | present, his or her subsequent absence will not require further notice to the minority leader. For 12 |
---|
537 | 537 | | purposes of this rule, an independent senator shall be considered to be a minority member. 13 |
---|
538 | 538 | | 6.8 Committee Votes. 14 |
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539 | 539 | | All votes in committee on public bills shall be a recorded roll call vote. The vote upon all 15 |
---|
540 | 540 | | motions or bills not considered a "public bill" shall, upon the request of any member of the 16 |
---|
541 | 541 | | committee, be a recorded roll call vote. Otherwise all votes shall be put by yeas and nays. 17 |
---|
542 | 542 | | Committee chairs shall submit all bills approved by committee to the floor forthwith, with a 18 |
---|
543 | 543 | | record of the committee vote. 19 |
---|
544 | 544 | | 6.9 Deadline for Consideration. 20 |
---|
545 | 545 | | After the Thursday preceding the spring recess week of each session, committees shall 21 |
---|
546 | 546 | | consider only those public bills which have been acted upon and transmitted to the senate by the 22 |
---|
547 | 547 | | house of representatives; provided, however, that the president of the senate may request a senate 23 |
---|
548 | 548 | | committee to immediately consider a senate bill then in committee and said bill shall be 24 |
---|
549 | 549 | | considered by the committee. 25 |
---|
550 | 550 | | 6.10 Discharge from Committee. 26 |
---|
551 | 551 | | No bill shall be taken or called from any such committee, or the committee discharged 27 |
---|
552 | 552 | | from the consideration thereof, except: 28 |
---|
553 | 553 | | Any senator may present a petition, in writing, to discharge a committee from further 29 |
---|
554 | 554 | | consideration of a bill which has been in the possession of the committee for thirty (30) 30 |
---|
555 | 555 | | legislative days without having been considered, but only one petition on a particular bill may be 31 |
---|
556 | 556 | | presented during the course of a session. Prior to presenting the petition, the senator must 32 |
---|
557 | 557 | | introduce a resolution of intent to discharge such committee. Such resolution of intent shall 33 |
---|
558 | 558 | | contain the bill number and the committee to be discharged. The presiding officer shall cause the 34 |
---|
559 | 559 | | |
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560 | 560 | | |
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561 | 561 | | LC002312 - Page 16 of 31 |
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562 | 562 | | resolution of intent to be printed in the journal of the senate. The petition shall be placed in the 1 |
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563 | 563 | | custody of the secretary of the senate who shall arrange some convenient place for the signatures 2 |
---|
564 | 564 | | of the senators to be placed thereon in the presence of the reading clerk during the hours in which 3 |
---|
565 | 565 | | the senate is in session. A signature may be withdrawn by a senator at any time before the petition 4 |
---|
566 | 566 | | shall become effective. 5 |
---|
567 | 567 | | On the first day of each week, there shall be printed in the journal of the senate the 6 |
---|
568 | 568 | | petitions pending under these rules, together with the signatures thereto; provided, however, that 7 |
---|
569 | 569 | | as soon as a majority of all the senators elected to the senate shall have affixed their signatures to 8 |
---|
570 | 570 | | any such petition to discharge a committee under this rule, the presiding officer shall cause notice 9 |
---|
571 | 571 | | thereof to be given to chair and clerk of the committee to which such bill was referred, and such 10 |
---|
572 | 572 | | notice shall, thereupon, automatically discharge the committee from further consideration of the 11 |
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573 | 573 | | bill and the bill shall be placed upon the calendar in accordance with section 7.6 hereof. 12 |
---|
574 | 574 | | Nothing contained in this section shall be construed to change the deadline for 13 |
---|
575 | 575 | | consideration as specified in section 6.9. 14 |
---|
576 | 576 | | 6.11 Compelling Committee Action. 15 |
---|
577 | 577 | | If a committee to which a bill has been referred fails to consider such bill within sixteen 16 |
---|
578 | 578 | | (16) legislative days of its referral, the prime sponsor of such bill, or a majority of the appointed 17 |
---|
579 | 579 | | members, but not less than four (4) committee members, may, in writing, request the chair of the 18 |
---|
580 | 580 | | committee, through the presiding officer of the senate, that such bill be considered. The request 19 |
---|
581 | 581 | | shall be printed in the journal of the senate. The committee shall consider such bill at its first 20 |
---|
582 | 582 | | meeting held at least three (3) legislative days after such request is made. If the committee does 21 |
---|
583 | 583 | | not consider the bill within nine (9) legislative days of receipt of the request then the committee 22 |
---|
584 | 584 | | shall be discharged of its responsibility to consider such bill and such bill shall be placed on the 23 |
---|
585 | 585 | | senate calendar pursuant to section 7.6 hereof. Consideration by a committee shall be interpreted 24 |
---|
586 | 586 | | to mean any one of the following actions: recommendation of passage, recommendation of 25 |
---|
587 | 587 | | passage as amended, transfer to another committee, indefinite postponement, hold for further 26 |
---|
588 | 588 | | study or defeat of the bill. Nothing contained in this section shall be construed to change the 27 |
---|
589 | 589 | | deadline for consideration as specified in section 6.9. 28 |
---|
590 | 590 | | 6.12 Defeat of a Bill. 29 |
---|
591 | 591 | | Once a bill is defeated in committee, the same shall not be acted upon or considered 30 |
---|
592 | 592 | | again during the same legislative year. 31 |
---|
593 | 593 | | 6.13 Indefinite Postponement. 32 |
---|
594 | 594 | | Whenever any bill is postponed indefinitely in committee, the same shall not be acted 33 |
---|
595 | 595 | | upon or considered again during the same legislative year. 34 |
---|
596 | 596 | | |
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597 | 597 | | |
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598 | 598 | | LC002312 - Page 17 of 31 |
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599 | 599 | | 6.14 Transfer of Bills. 1 |
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600 | 600 | | In the event the chair of any standing committee determines that any bill then pending 2 |
---|
601 | 601 | | before the committee would more properly be pending before another standing committee of the 3 |
---|
602 | 602 | | senate, the chair shall transfer such bill to such other standing committee as is deemed appropriate 4 |
---|
603 | 603 | | during the reports of committees. 5 |
---|
604 | 604 | | 6.15 Committee Records. 6 |
---|
605 | 605 | | All recorded votes of committees, all written testimony submitted to a committee, and the 7 |
---|
606 | 606 | | transcripts of any recorded testimony shall be retained by the clerk of each committee, shall 8 |
---|
607 | 607 | | constitute public records, and shall be available for inspection to any senator and to any person 9 |
---|
608 | 608 | | upon request. Written testimony relating to legislation shall be published online. All committee 10 |
---|
609 | 609 | | votes, transcripts and testimony shall be transmitted to the secretary of state pursuant to state law 11 |
---|
610 | 610 | | and senate policy following final adjournment in even numbered years. 12 |
---|
611 | 611 | | 6.16 Attribution of Bills. 13 |
---|
612 | 612 | | Upon presentation of testimony before a committee, the prime sponsor of the bill shall 14 |
---|
613 | 613 | | provide to the committee the name of any individual, group or organization responsible for the 15 |
---|
614 | 614 | | substantive basis or text of the bill. 16 |
---|
615 | 615 | | 6.17 Companion Bills. 17 |
---|
616 | 616 | | Any house bill, identical to a senate bill previously heard in committee, may be 18 |
---|
617 | 617 | | considered without further hearing. 19 |
---|
618 | 618 | | 6.18 Substitute Bills. 20 |
---|
619 | 619 | | Any proposed substitute bill, or a substitute of a bill held by a committee, shall be posted 21 |
---|
620 | 620 | | at least twenty-four (24) hours prior to consideration. Such postings will be placed on the official 22 |
---|
621 | 621 | | general assembly website, as well as on the legislative data bulletin board and on a bulletin or 23 |
---|
622 | 622 | | electronic board of which shall be for the public's use and shall be situated at the main entrance to 24 |
---|
623 | 623 | | the state library. The electronic posting shall be considered the official date of the posting. In the 25 |
---|
624 | 624 | | event that the electronic posting is inoperable, then the official posting shall be the legislative data 26 |
---|
625 | 625 | | bulletin board. The chair may waive this twenty-four (24) hour posting requirement, for 27 |
---|
626 | 626 | | amendments technical, grammatical, or not substantive or substantial in nature. This section shall 28 |
---|
627 | 627 | | not apply to the annual state budget bill. 29 |
---|
628 | 628 | | SECTION 7. 30 |
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629 | 629 | | PROCEEDINGS ON THE SENATE FLOOR 31 |
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630 | 630 | | 7.1 Right to the Floor. 32 |
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631 | 631 | | No senator shall address another except through the presiding officer. A senator shall rise 33 |
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632 | 632 | | to put a question, may state it or read a paper sitting. When any senator wishes to speak or to 34 |
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633 | 633 | | |
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634 | 634 | | |
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635 | 635 | | LC002312 - Page 18 of 31 |
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636 | 636 | | deliver any matter to the senate, the senator shall press his or her recognition control and the 1 |
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637 | 637 | | presiding officer shall recognize the senator who so requests recognition and the order of 2 |
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638 | 638 | | recognition shall be determined by the presiding officer. The senator so recognized shall not be 3 |
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639 | 639 | | interrupted while speaking except by a call to order or a motion to suspend section 3.5. The 4 |
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640 | 640 | | senator shall then immediately be seated unless permitted by the senate to proceed, which shall be 5 |
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641 | 641 | | determined upon motion without debate. No senator, exclusive of the majority and minority 6 |
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642 | 642 | | leaders, the prime sponsor or floor manager, or the chair of the committee from which the bill or 7 |
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643 | 643 | | resolution was reported, shall speak more than twice to the same question without leave of the 8 |
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644 | 644 | | senate, which shall be determined without debate; nor more than once until every member 9 |
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645 | 645 | | choosing to speak shall have spoken; nor for longer than five (5) minutes without the leave of the 10 |
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646 | 646 | | senate, which shall be determined without debate. A senator may yield his or her right to the floor 11 |
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647 | 647 | | to another senator. 12 |
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648 | 648 | | 7.2 Personal Privilege. 13 |
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649 | 649 | | Only at the time provided for in section 3.3, a senator may claim the floor to address the 14 |
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650 | 650 | | senate on personal privilege. Personal privilege shall include the right to reply to criticism, or to 15 |
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651 | 651 | | discuss anything clearly derogatory to the member or which reflects upon his or her character that 16 |
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652 | 652 | | appears in the press or other public medium but shall not include the right to discuss favorable 17 |
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653 | 653 | | references to the senator, nor to reply to generalized criticism of the senate which does not refer 18 |
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654 | 654 | | to him or to her specifically, nor to attack another member of the senate personally. Whether a 19 |
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655 | 655 | | member's remarks constitute personal privilege shall be determined by the presiding officer. 20 |
---|
656 | 656 | | 7.3 Addressing the Senate on Important Matters. 21 |
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657 | 657 | | Only at the time provided for in section 3.3, a senator may request unanimous consent of 22 |
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658 | 658 | | the senators present to address the senate on a topic or matter of importance to the welfare of the 23 |
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659 | 659 | | state. A senator granted the right to so address the senate may be interrupted at any time by 24 |
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660 | 660 | | another senator who wishes to object to the first senator's right to continue to address the senate 25 |
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661 | 661 | | and upon such objection the first senator's right to address the senate shall terminate. 26 |
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662 | 662 | | 7.4 Objectionable Language. 27 |
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663 | 663 | | No senator shall use profane, insulting, or abusive language or act in any manner that is 28 |
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664 | 664 | | disruptive to the course of public debate on the senate floor, or in testimony before any committee 29 |
---|
665 | 665 | | of the general assembly. 30 |
---|
666 | 666 | | 7.5 Priority of Business. 31 |
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667 | 667 | | All questions relating to priority of business to be acted upon shall be decided by the 32 |
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668 | 668 | | presiding officer without debate. 33 |
---|
669 | 669 | | 7.6 Calendar. 34 |
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670 | 670 | | |
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671 | 671 | | |
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672 | 672 | | LC002312 - Page 19 of 31 |
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673 | 673 | | There shall be a calendar kept by the secretary of the senate upon which shall be placed 1 |
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674 | 674 | | the bills reported by all committees, and all other matters ordered placed thereon by the senate. 2 |
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675 | 675 | | Matters on the calendar shall be arranged by the secretary of the senate in numerical order by 3 |
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676 | 676 | | committee unless otherwise ordered by the president of the senate in agreement with the majority 4 |
---|
677 | 677 | | leader and the minority leader. Such calendar shall be electronically available to all members of 5 |
---|
678 | 678 | | the senate. Except as provided in section 7.13, and during consideration of the calendar, no other 6 |
---|
679 | 679 | | business shall intervene except to receive a communication from the house or a motion to 7 |
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680 | 680 | | suspend section 3.5. 8 |
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681 | 681 | | All business on the calendar not disposed of at the time of adjournment shall be first in 9 |
---|
682 | 682 | | order on the calendar the next day. No matter of business on the calendar shall be considered 10 |
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683 | 683 | | upon its merits unless it has been on such calendar for at least two (2) calendar days; except that 11 |
---|
684 | 684 | | the president of the senate may order a bill placed on the calendar for less than two (2) calendar 12 |
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685 | 685 | | days; provided, however, a bill passed by the senate and amended by the house of representatives 13 |
---|
686 | 686 | | may be considered by the senate without being on the calendar for two (2) calendar days if the 14 |
---|
687 | 687 | | requirements of section 4.9-1 have been met. 15 |
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688 | 688 | | 7.7 Consent Calendar. 16 |
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689 | 689 | | Notwithstanding the provisions of section 7.6, the secretary of the senate shall also 17 |
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690 | 690 | | maintain a separate calendar, designated as the consent calendar, upon which shall be placed 18 |
---|
691 | 691 | | resolutions required by section 4.7, acts seeking to vacate the forfeiture of a corporate charter and 19 |
---|
692 | 692 | | such other bills as directed by the president of the senate. Matters on the consent calendar shall be 20 |
---|
693 | 693 | | in order for disposal on each day and shall include all such matters reported or referred thereto 21 |
---|
694 | 694 | | from the previous day. Such consent calendar shall be posted in the chamber of the senate. All 22 |
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695 | 695 | | matters on the consent calendar shall be disposed by roll call vote on a single motion except such 23 |
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696 | 696 | | matters as may be objected to by any single senator, which said matter or matters shall be held 24 |
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697 | 697 | | over on the regular calendar for the next legislative day. 25 |
---|
698 | 698 | | 7.8 Reports of Joint Committees. 26 |
---|
699 | 699 | | No bill reported by or forwarded on the recommendation of a joint committee of the two 27 |
---|
700 | 700 | | houses shall be in order for concurrence by the senate if it shall appear that the members of such 28 |
---|
701 | 701 | | joint committee on the part of the senate, if in attendance on the general assembly, shall not have 29 |
---|
702 | 702 | | been notified or present when the subject was acted on by such joint committee. No report shall 30 |
---|
703 | 703 | | be acted on in the senate from any joint committee unless as subscribed by a senator who is a 31 |
---|
704 | 704 | | member of said committee. Any report from a joint committee shall be made on the floor of the 32 |
---|
705 | 705 | | senate by a member of said committee, notwithstanding that said member may not have 33 |
---|
706 | 706 | | concurred in the report and said report shall be held on the desk unless ordered placed on the 34 |
---|
707 | 707 | | |
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708 | 708 | | |
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709 | 709 | | LC002312 - Page 20 of 31 |
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710 | 710 | | calendar pursuant to section 7.6 by the president of the senate or by a majority vote of the senate. 1 |
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711 | 711 | | 7.9 Messages from the House. 2 |
---|
712 | 712 | | When a message is received from the house of representatives, transmitting any papers, 3 |
---|
713 | 713 | | the secretary of the senate shall transmit to the office of the president of the senate all house 4 |
---|
714 | 714 | | transmittals received on that day. The president of the senate shall assign house transmittals to 5 |
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715 | 715 | | committees upon adjournment of the senate. The secretary of the senate shall cause all house 6 |
---|
716 | 716 | | transmittals to be published in the senate journal for the day such transmittals are received. Any 7 |
---|
717 | 717 | | senator may object to the committee assignment for any transmittal received during the previous 8 |
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718 | 718 | | legislative day. Upon objection being made, the presiding officer shall assign the transmittal to 9 |
---|
719 | 719 | | the committee requested by the senator making the objection, provided, however, that if another 10 |
---|
720 | 720 | | senator objects to any assignment or proposed assignment of the transmittal, then the presiding 11 |
---|
721 | 721 | | officer shall call for a vote of the senate on any motion for assignment which has been made and 12 |
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722 | 722 | | seconded, such motion requiring a majority vote of those senators present and voting for 13 |
---|
723 | 723 | | assignment to a particular committee. 14 |
---|
724 | 724 | | During the time for consideration of house transmittals, a senator may move for 15 |
---|
725 | 725 | | immediate consideration of a house transmittal, received by the secretary of the senate on the 16 |
---|
726 | 726 | | previous legislative day. If there is no objection to the motion, it is deemed to be approved, but if 17 |
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727 | 727 | | there is objection to the motion for immediate consideration, the presiding officer shall submit the 18 |
---|
728 | 728 | | motion to a vote of the senate, such motion for immediate consideration shall require the votes of 19 |
---|
729 | 729 | | two-thirds (2/3) of those senators present and voting, for approval. 20 |
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730 | 730 | | 7.10 Amendments. 21 |
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731 | 731 | | No senator may amend from the floor any bill pending before the senate unless such 22 |
---|
732 | 732 | | amendment be submitted, electronically or in writing, with sufficient copies signed by the 23 |
---|
733 | 733 | | proponent, and read to the body; provided, however, that no amendment to the annual budget bill 24 |
---|
734 | 734 | | making appropriations for the support of the state may be offered, except with the agreement of 25 |
---|
735 | 735 | | two-thirds (2/3) of the members present, unless copies thereof shall have been filed with the 26 |
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736 | 736 | | secretary of the senate no later than 12:00 o'clock noon on the legislative day preceding the 27 |
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737 | 737 | | legislative day on which the budget bill shall be in order for consideration: provided however that 28 |
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738 | 738 | | with majority consent a senator may make an oral amendment of a technical or minor nature. 29 |
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739 | 739 | | 7.11 Votes in Concurrence. 30 |
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740 | 740 | | Whenever any bill shall come before the senate for concurrence, and the senate concurs 31 |
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741 | 741 | | without amendments, or fails to concur, the secretary of the senate may announce the concurrence 32 |
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742 | 742 | | or nonconcurrence to the other house, but the original bill received by the senate shall not be 33 |
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743 | 743 | | transmitted to the other house. 34 |
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744 | 744 | | |
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745 | 745 | | |
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746 | 746 | | LC002312 - Page 21 of 31 |
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747 | 747 | | 7.12 Motions. 1 |
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748 | 748 | | No motion shall be debated until it has been seconded. For the purpose of recorded votes 2 |
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749 | 749 | | only the first second shall be recorded. A motion may be withdrawn by the mover at any time 3 |
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750 | 750 | | before a decision or a motion to amend, except a motion to reconsider, which shall not be 4 |
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751 | 751 | | withdrawn after the time has elapsed within which it could be originally made. 5 |
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752 | 752 | | 7.13 Interruption of Debate. 6 |
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753 | 753 | | When a question is under debate, no motion shall be received except to suspend section 7 |
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754 | 754 | | 3.5, to adjourn, to recommit, for the previous question, to close debate, to fix a time for closing 8 |
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755 | 755 | | debate, to take a recess, to lay on the table, to take from the table, to transmit, to postpone 9 |
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756 | 756 | | indefinitely, to change calendar arrangement, or to amend, and any motion or resolution the 10 |
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757 | 757 | | purpose of which is to take any bill or any other matter from committees of the senate or to 11 |
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758 | 758 | | discharge a committee from the consideration thereof, which several motions shall have 12 |
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759 | 759 | | precedence in the order in which they are here arranged and shall be decided by majority vote 13 |
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760 | 760 | | without debate; provided further that a motion to recommit as to any bill which is placed on the 14 |
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761 | 761 | | senate calendar may be voted by yeas and nays; however, if the prime sponsor timely objects, the 15 |
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762 | 762 | | motion shall be voted on by electronic roll of the senate. 16 |
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763 | 763 | | 7.14 Adjournment. 17 |
---|
764 | 764 | | When time for meeting of the senate shall have been previously fixed, a motion to 18 |
---|
765 | 765 | | adjourn and a motion to suspend section 3.5 shall always be in order. The senate shall not be 19 |
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766 | 766 | | adjourned except by affirmative vote of a majority of the senators present and voting. 20 |
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767 | 767 | | 7.15 Lay on the Table. 21 |
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768 | 768 | | When an amendment proposed to any pending measure be laid on the table, it shall not 22 |
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769 | 769 | | carry with it, or prejudice such measure. 23 |
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770 | 770 | | 7.16 Dividing Questions. 24 |
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771 | 771 | | A question that is susceptible of division shall, at the request of the majority, be divided 25 |
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772 | 772 | | and put separately upon the propositions of which it is compounded. 26 |
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773 | 773 | | 7.17 Non-Germane Amendments. 27 |
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774 | 774 | | No motion or proposition of a subject different from that under consideration shall be 28 |
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775 | 775 | | admitted under color of amendment. 29 |
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776 | 776 | | 7.18 Motion for Reconsideration. 30 |
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777 | 777 | | A senator on the prevailing side of any vote may, on the same legislative day, move to 31 |
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778 | 778 | | reconsider the vote on the same or following legislative day. When a bill has been reconsidered it 32 |
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779 | 779 | | shall not be reconsidered again during the session. Bills and other papers in reference to which a 33 |
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780 | 780 | | motion to reconsider is pending shall, unless otherwise ordered, remain in the possession of the 34 |
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781 | 781 | | |
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782 | 782 | | |
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783 | 783 | | LC002312 - Page 22 of 31 |
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784 | 784 | | secretary of the senate until the right of reconsideration has expired. The privilege to reconsider 1 |
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785 | 785 | | granted by this rule may be suspended by a majority vote of the senators present and voting. 2 |
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786 | 786 | | 7.19 Printed Material. 3 |
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787 | 787 | | If the reading of any printed or written paper be objected to, the matter shall be 4 |
---|
788 | 788 | | determined by a majority vote of the senate without debate. 5 |
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789 | 789 | | 7.20 Recommittal. 6 |
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790 | 790 | | No motion to recommit shall be entertained by the presiding officer as to any bill which 7 |
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791 | 791 | | is placed on the calendar as the result of section 6.10 until every senator desiring to be heard has 8 |
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792 | 792 | | been recognized, notwithstanding the provisions of section 7.13. 9 |
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793 | 793 | | 7.21 Immediate Consideration. 10 |
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794 | 794 | | During the time for introduction and reference of new business, as provided in section 11 |
---|
795 | 795 | | 3.3, a senator may introduce a bill and move for immediate consideration of the bill at that time. 12 |
---|
796 | 796 | | If there is no objection to the motion, for immediate consideration it is deemed to be approved, 13 |
---|
797 | 797 | | but if there is objection to the motion for immediate consideration, the presiding officer shall 14 |
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798 | 798 | | submit the motion to a vote of the senate; such motion for immediate consideration shall require 15 |
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799 | 799 | | the votes of two-thirds (2/3) of those senators present and voting, for approval. If the bill is not 16 |
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800 | 800 | | available electronically to all members of the senate at the time of the request for immediate 17 |
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801 | 801 | | consideration, then a hard copy of the bill shall be made available to any senator upon request. 18 |
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802 | 802 | | 7.22 Questions During Debate. 19 |
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803 | 803 | | A senator, while speaking after recognition by the chair, may, upon request of a senator, 20 |
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804 | 804 | | yield to him or her temporarily without thereby relinquishing his or her prior right to the floor 21 |
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805 | 805 | | and, thereafter, may terminate such interruption and resume speaking at any time; provided, 22 |
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806 | 806 | | however, that it shall not be in order for a senator to rise and request that a senator, other than the 23 |
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807 | 807 | | one with the right to the floor, yield to a question. Furthermore, it shall not be in order for a 24 |
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808 | 808 | | senator, with the right to the floor, to ask another senator to yield to a question, unless such 25 |
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809 | 809 | | senator has previously spoken during the debate on the matter. All questions and responses shall 26 |
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810 | 810 | | be directed through the chair and the presiding officer shall not be interrupted when speaking. 27 |
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811 | 811 | | SECTION 8. 28 |
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812 | 812 | | VOTING ON THE SENATE FLOOR 29 |
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813 | 813 | | 8.1 Method of Voting. 30 |
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814 | 814 | | The electronic roll call of the senate shall be called on any vote pertaining to an election, 31 |
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815 | 815 | | public bill, on passage of the consent calendar and on any other vote at the request of any senator 32 |
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816 | 816 | | present; otherwise, votes shall be put by yeas and nays. In naming sums or numbers, and fixing 33 |
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817 | 817 | | times, the largest sum or longest time shall be put first. 34 |
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818 | 818 | | |
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819 | 819 | | |
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820 | 820 | | LC002312 - Page 23 of 31 |
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821 | 821 | | 8.2 Voting Machine Inoperative. 1 |
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822 | 822 | | In the event the machine is not to be used to record a vote or is not operating properly, all 2 |
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823 | 823 | | votes and other determinations may be taken as required by senate rules, either by voice vote, 3 |
---|
824 | 824 | | division vote or by calling the roll alphabetically and recording the yeas and nays. If a senator's 4 |
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825 | 825 | | voting device is out of order, the senator shall rise and announce it to the presiding officer and 5 |
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826 | 826 | | cast his or her vote orally prior to the declaration of the result of the vote. 6 |
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827 | 827 | | 8.3 Who May Vote. 7 |
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828 | 828 | | Any member who is present on the senate floor must vote. Any senator who is not on the 8 |
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829 | 829 | | floor at such time, but who returns before the machine is locked, shall be permitted to vote. 9 |
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830 | 830 | | Without objection or with a majority vote, a senator may be permitted to cast a vote after the 10 |
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831 | 831 | | results have been announced, provided however such request shall be made on the same 11 |
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832 | 832 | | legislative day and, only if the vote if so permitted, will not change the result previously 12 |
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833 | 833 | | announced. 13 |
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834 | 834 | | 8.4 Control of Electronic Voting System. 14 |
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835 | 835 | | The electronic voting system shall be under the control of the presiding officer and shall 15 |
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836 | 836 | | be operated by such personnel as the president of the senate so designates. 16 |
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837 | 837 | | 8.5 Conducting a Vote. 17 |
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838 | 838 | | At a reasonable time prior to any vote being taken, the presiding officer shall announce 18 |
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839 | 839 | | that a vote is about to be taken. When any senator other than the president of the senate is 19 |
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840 | 840 | | presiding, such senator may direct either the Secretary of the Senate or the reading clerk to cast 20 |
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841 | 841 | | his or her vote at his or her voting station, but at no other time may a senator designate any other 21 |
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842 | 842 | | person to cast his or her vote. Until the completion of the voting, no senator shall be recognized, 22 |
---|
843 | 843 | | and no other business shall be transacted. When sufficient time has elapsed for each senator to 23 |
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844 | 844 | | vote prior to locking the machine, the presiding officer shall ask if any member present desires to 24 |
---|
845 | 845 | | vote or change his or her vote. The presiding officer shall then order the machine locked and 25 |
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846 | 846 | | activate the recording process. The voting machine shall remain locked between all votes. 26 |
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847 | 847 | | 8.6 Announcing the Tally. 27 |
---|
848 | 848 | | When the vote is completely recorded, the Secretary of the Senate shall advise the 28 |
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849 | 849 | | presiding officer of the result; and the presiding officer shall announce the result to the senate and 29 |
---|
850 | 850 | | the result shall be recorded in the journal. 30 |
---|
851 | 851 | | 8.7 Changing a Vote. 31 |
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852 | 852 | | No vote may be changed after the system has been locked and the vote recorded except 32 |
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853 | 853 | | that, after a vote has been recorded, any senator may, by a majority vote of the senate, be 33 |
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854 | 854 | | permitted to change his or her vote, provided that such change be effected on the same calendar 34 |
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855 | 855 | | |
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856 | 856 | | |
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857 | 857 | | LC002312 - Page 24 of 31 |
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858 | 858 | | day as his or her original vote. 1 |
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859 | 859 | | 8.8 Recording Votes. 2 |
---|
860 | 860 | | 8.8-1 On any recorded vote, no senator shall be recorded as having voted unless he or she 3 |
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861 | 861 | | has been recorded or recognized as being present prior to the conduct of said vote. 4 |
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862 | 862 | | 8.8-2 Upon request, on any non-recorded vote, any senator shall have his or her vote 5 |
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863 | 863 | | recorded so that it shall appear in the journal of the senate. 6 |
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864 | 864 | | 8.9 Voting for Another. 7 |
---|
865 | 865 | | No senator may vote for another senator; nor may any person cast a vote for a senator, 8 |
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866 | 866 | | except as otherwise provided in section 8.5. A senator who voted for another senator may be 9 |
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867 | 867 | | punished in a manner the senate determines. A person voting for a senator, when not authorized 10 |
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868 | 868 | | by section 8.5, is barred from the floor of the senate and may be further punished as the senate 11 |
---|
869 | 869 | | determines. 12 |
---|
870 | 870 | | 8.10 Explanation of Vote. 13 |
---|
871 | 871 | | No explanation of any vote will be permitted during the voting or after a vote has been 14 |
---|
872 | 872 | | cast. 15 |
---|
873 | 873 | | 8.11 Statement of the Question. 16 |
---|
874 | 874 | | After the question has been put, but before the system is locked, any senator may call for 17 |
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875 | 875 | | a statement of the question. 18 |
---|
876 | 876 | | 8.12 No Interruption. 19 |
---|
877 | 877 | | While the presiding officer is putting the question, or the vote is being recorded, no 20 |
---|
878 | 878 | | senator shall speak or leave his or her place. 21 |
---|
879 | 879 | | 8.13 Voting by Proxy. 22 |
---|
880 | 880 | | Notwithstanding any senate rule to the contrary, during any declared state of emergency 23 |
---|
881 | 881 | | and while the senate is in session, a senator may request from the presiding officer permission to 24 |
---|
882 | 882 | | vote by proxy on any bill or matter before the senate. The presiding officer shall, when deciding 25 |
---|
883 | 883 | | to grant or deny the request, consider whether the senator making the request would face a 26 |
---|
884 | 884 | | hardship in attending session, or, during a contagion, falls within a high-risk category as defined 27 |
---|
885 | 885 | | by the Rhode Island Department of Health or an equivalent agency. 28 |
---|
886 | 886 | | The presiding officer may also authorize a member to vote at session by limited-directed 29 |
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887 | 887 | | proxy, if the member is unable to be physically present in the chamber due to a health, family 30 |
---|
888 | 888 | | health or medical condition. A member may provide a written request to the presiding officer for 31 |
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889 | 889 | | authorization to vote by proxy pursuant to this rule. The presiding officer may require that the 32 |
---|
890 | 890 | | member provide documentation from a physician verifying that the member is unable to be 33 |
---|
891 | 891 | | physically present at session based upon the medical needs of the member or family member, and 34 |
---|
892 | 892 | | |
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893 | 893 | | |
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894 | 894 | | LC002312 - Page 25 of 31 |
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895 | 895 | | the presiding officer may limit the duration of authorization under this rule. Authorization to vote 1 |
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896 | 896 | | by proxy pursuant to this rule shall be reported in the senate journal. 2 |
---|
897 | 897 | | If the presiding officer grants a senator permission to vote by proxy, the presiding officer 3 |
---|
898 | 898 | | shall notify the secretary of the senate of the decision to allow such vote by proxy. The secretary 4 |
---|
899 | 899 | | of the senate shall prepare a proxy(ies) for each senator voting by proxy, in a form substantially 5 |
---|
900 | 900 | | as follows: The bill number or matter to be voted on followed by a box to approve and a box to 6 |
---|
901 | 901 | | disapprove. The secretary of the senate shall deliver the proxy(ies), by email or hand delivery, to 7 |
---|
902 | 902 | | each senator authorized to vote by proxy. Any senator voting by proxy shall have their signature 8 |
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903 | 903 | | notarized and shall return the notarized proxy(ies), by email or hand delivery, to the leader of 9 |
---|
904 | 904 | | their respective caucus. The majority or minority leader shall forward the executed proxy(ies) to 10 |
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905 | 905 | | the secretary of the senate to be recorded in the journal. 11 |
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906 | 906 | | SECTION 9. 12 |
---|
907 | 907 | | PROCEEDINGS ON NOMINATIONS 13 |
---|
908 | 908 | | 9.1 Scope. 14 |
---|
909 | 909 | | The senate’s exercise of its constitutional obligation to give advice and consent to 15 |
---|
910 | 910 | | executive appointees shall be governed solely and exclusively by these rules. 16 |
---|
911 | 911 | | 9.2 Delivery 17 |
---|
912 | 912 | | Nominations shall be delivered to the Secretary of the Senate, or his or her designee, at 18 |
---|
913 | 913 | | the Office of the Secretary for presentation to the Senate. 19 |
---|
914 | 914 | | 9.3 Presentation to the Senate. 20 |
---|
915 | 915 | | When a nomination shall be presented to the Senate for advice and consent, it shall, 21 |
---|
916 | 916 | | unless otherwise ordered, be referred to the appropriate committee or committees and a copy of 22 |
---|
917 | 917 | | the nomination shall be delivered to the senator within whose district the nominee resides. Except 23 |
---|
918 | 918 | | as set forth herein, nominations shall follow the same course and be subject to the same 24 |
---|
919 | 919 | | procedures as bills introduced pursuant to Rules of the Senate. 25 |
---|
920 | 920 | | 9.4 Questions Presented. 26 |
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921 | 921 | | The final question on every nomination shall be, "Will the Senate provide its advice and 27 |
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922 | 922 | | consent to [insert nominee name and position]?" which question shall not be put on the same 28 |
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923 | 923 | | legislative day on which the nomination is received, nor on the legislative day on which it may be 29 |
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924 | 924 | | reported by a committee. Provided, however, that this provision may be waived by vote of a 30 |
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925 | 925 | | majority of the Senate. 31 |
---|
926 | 926 | | 9.5 Effect of Non-action. 32 |
---|
927 | 927 | | Nominations neither confirmed nor rejected during the annual session at which they are 33 |
---|
928 | 928 | | made shall not be acted upon at any succeeding session unless renewed by the appointing 34 |
---|
929 | 929 | | |
---|
930 | 930 | | |
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931 | 931 | | LC002312 - Page 26 of 31 |
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932 | 932 | | authority; and if the Senate shall adjourn or be in recess for a period in excess of thirty (30) days, 1 |
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933 | 933 | | all nominations pending and not finally acted upon at the time of such adjournment or recess shall 2 |
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934 | 934 | | be returned by the Secretary of the Senate to the appointing authority, and shall not again be 3 |
---|
935 | 935 | | considered unless the nomination shall again be made and delivered to the Senate by the 4 |
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936 | 936 | | appointing authority. 5 |
---|
937 | 937 | | 9.6 Withdrawal of Nominations. 6 |
---|
938 | 938 | | Nominations may be withdrawn by the appointing authority at any time prior to final 7 |
---|
939 | 939 | | action thereon by the Senate. 8 |
---|
940 | 940 | | SECTION 10. 9 |
---|
941 | 941 | | MISCELLANEOUS 10 |
---|
942 | 942 | | 10.1 Legislative Aides. 11 |
---|
943 | 943 | | The president of the senate may appoint and prescribe the duties and terms of a 12 |
---|
944 | 944 | | parliamentarian and one head page and as many assistant pages, doorkeepers and legislative aides 13 |
---|
945 | 945 | | as the president of the senate shall deem necessary; and any or all of them may be removed at the 14 |
---|
946 | 946 | | pleasure of the president of the senate. 15 |
---|
947 | 947 | | 10.2 Absence of a Quorum. 16 |
---|
948 | 948 | | When there shall be seven (7) or more senators, but less than a quorum of the senate 17 |
---|
949 | 949 | | present, a majority of the senators present may direct the presiding officer to compel the 18 |
---|
950 | 950 | | attendance of absent senators in accordance with law. 19 |
---|
951 | 951 | | 10.3 Amendment and Suspension of Rules. 20 |
---|
952 | 952 | | No rule shall be repealed, suspended or amended, or the operation thereof temporarily 21 |
---|
953 | 953 | | suspended except by two-thirds (2/3) of the members present and voting. 22 |
---|
954 | 954 | | 10.4 Access to the Senate Chamber. 23 |
---|
955 | 955 | | 10.4-1 Access During Senate Session. 24 |
---|
956 | 956 | | Ten minutes prior to the time the senate is scheduled to convene, the secretary of the 25 |
---|
957 | 957 | | senate shall clear the senate chamber of all persons other than members of the general assembly, 26 |
---|
958 | 958 | | general assembly staff, guests of a senator, and authorized representatives of the news media. 27 |
---|
959 | 959 | | From this time to the adjournment or recess of said session no persons other than those listed 28 |
---|
960 | 960 | | above shall be admitted to the senate chamber except with permission from the senate president. 29 |
---|
961 | 961 | | 10.4-2 Senators' Seats. 30 |
---|
962 | 962 | | The seat of each senator shall be assigned by the president of the senate, and in no event 31 |
---|
963 | 963 | | shall any other person be permitted to occupy such assigned seat. 32 |
---|
964 | 964 | | 10.4-3 Sheriff's Duties. 33 |
---|
965 | 965 | | It shall be the duty of the sheriff, or the sheriff's deputies in attendance in the senate, or in 34 |
---|
966 | 966 | | |
---|
967 | 967 | | |
---|
968 | 968 | | LC002312 - Page 27 of 31 |
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969 | 969 | | their absence, a member of the capitol police department, to see that sections 10.4-1, 10.4-2, 10.4-1 |
---|
970 | 970 | | 3, 10.4-4 and 10.4-9 are enforced, and that all senate entrances and exits are kept completely clear 2 |
---|
971 | 971 | | and open to passage to and from the chamber. 3 |
---|
972 | 972 | | 10.4-4 Gallery. 4 |
---|
973 | 973 | | When the normal seating accommodations for visitors in the gallery have been filled, no 5 |
---|
974 | 974 | | additional seats shall be installed, and no persons shall be thereafter admitted to the gallery of the 6 |
---|
975 | 975 | | senate while in session except to fill vacancies. 7 |
---|
976 | 976 | | 10.5 Confidentiality of Drafting. 8 |
---|
977 | 977 | | At the request of any senator or senate attorney to the director of the legislative council, 9 |
---|
978 | 978 | | an entry into the word processing system may be made confidential so that the entry shall be 10 |
---|
979 | 979 | | accessible only to the senator or senate attorney making such request or his or her designee. An 11 |
---|
980 | 980 | | entry may be a bill, letter, memorandum or any other document. 12 |
---|
981 | 981 | | 10.6 Misuse of Rules. 13 |
---|
982 | 982 | | If it appears that the rules are being used as a tactic to impede senate business, the 14 |
---|
983 | 983 | | presiding officer may make a decision to that effect and put the matter before the senate and a 15 |
---|
984 | 984 | | majority vote of the senators present shall sustain with finality the ruling of the presiding officer. 16 |
---|
985 | 985 | | 10.7 Extraordinary and Special Session. 17 |
---|
986 | 986 | | In the event of the calling of an extraordinary session of the general assembly by the 18 |
---|
987 | 987 | | governor, or a reconvened session by the speaker of the house and the president of the senate, 19 |
---|
988 | 988 | | said session shall be conducted pursuant to these rules; provided, however, that sections 4.9-1, 20 |
---|
989 | 989 | | 6.2, 7.6 and 7.8 are not applicable to any such session; and, provided further, that any bill, act or 21 |
---|
990 | 990 | | resolution for consideration of which the session is called shall have been provided to the 22 |
---|
991 | 991 | | members at least twenty-four (24) hours prior to the consideration of the senate. 23 |
---|
992 | 992 | | 10.8 Remote committee hearings. 24 |
---|
993 | 993 | | Notwithstanding any senate rule to the contrary, during any declared state of emergency 25 |
---|
994 | 994 | | and while the senate is in session, a committee chairperson, with the permission of the presiding 26 |
---|
995 | 995 | | officer, may schedule a remote meeting of the committee in which they serve as chairperson for 27 |
---|
996 | 996 | | the purpose of hearing and/or considering any matter that has been assigned to the committee. 28 |
---|
997 | 997 | | Unless otherwise provided for, the chairperson or vice chairperson of the committee shall ensure 29 |
---|
998 | 998 | | that all requirements of section 6 of these rules are complied with. This rule shall be construed to 30 |
---|
999 | 999 | | allow for both remote and in person/remote participation. 31 |
---|
1000 | 1000 | | 10.9 Mason's Rules. 32 |
---|
1001 | 1001 | | Mason's Rules of Order shall govern procedure on the senate floor and in the committees 33 |
---|
1002 | 1002 | | of the senate in all cases in which they are not inconsistent with these rules or with any joint rules 34 |
---|
1003 | 1003 | | |
---|
1004 | 1004 | | |
---|
1005 | 1005 | | LC002312 - Page 28 of 31 |
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1006 | 1006 | | of the senate and house. 1 |
---|
1007 | 1007 | | 10.10 Use of Facilities. 2 |
---|
1008 | 1008 | | The senate locker room, lounge and corridor adjacent to them shall be for the exclusive 3 |
---|
1009 | 1009 | | use of the senators and their guests. 4 |
---|
1010 | 1010 | | 10.11 Decorum. 5 |
---|
1011 | 1011 | | No senator shall use profane, insulting or abusive language or act in any manner that 6 |
---|
1012 | 1012 | | interferes with the orderly conduct of the session of the senate. The president of the senate shall 7 |
---|
1013 | 1013 | | preserve decorum and order in the senate chamber. While in the senate chamber, members and 8 |
---|
1014 | 1014 | | staff shall be required to dress in proper and appropriate attire, such as blouses, dress slacks and 9 |
---|
1015 | 1015 | | collared shirts with accompanying jacket. 10 |
---|
1016 | 1016 | | 10.12 Smoking Prohibited. 11 |
---|
1017 | 1017 | | Smoking shall be prohibited in all senate areas including, but not limited to: the chamber, 12 |
---|
1018 | 1018 | | gallery, lounge, committee rooms, offices, restrooms or hallways. The presiding officer shall 13 |
---|
1019 | 1019 | | enforce this rule. 14 |
---|
1020 | 1020 | | 10.13 Consumption of Food and Alcoholic Beverages. 15 |
---|
1021 | 1021 | | The consumption of food and alcoholic beverages shall be prohibited on the senate floor. 16 |
---|
1022 | 1022 | | Except at the specific request of a member, all beverages consumed on the floor shall be in paper 17 |
---|
1023 | 1023 | | or plastic cups; provided, however, that all members shall be encouraged to utilize reusable 18 |
---|
1024 | 1024 | | containers. 19 |
---|
1025 | 1025 | | 10.14 Electronic Devices. 20 |
---|
1026 | 1026 | | Members shall be courteous and professional when using electronic devices. 21 |
---|
1027 | 1027 | | 10.15 Photographic Equipment. 22 |
---|
1028 | 1028 | | During sessions, photographic equipment that blocks ingress or egress or unduly creates a 23 |
---|
1029 | 1029 | | disturbance as determined by the president of the senate or the senate committee chair, shall not 24 |
---|
1030 | 1030 | | be used on the floor of the senate or in committee hearing rooms when committee meetings are in 25 |
---|
1031 | 1031 | | session. 26 |
---|
1032 | 1032 | | 10.16 Display of Posters, Signs, and Banners on the Floor. 27 |
---|
1033 | 1033 | | No placard, sign, poster, banner, chart or other visual aid of similar nature shall be 28 |
---|
1034 | 1034 | | displayed on the floor of the Senate or used in debate at any time when the Senate is in session 29 |
---|
1035 | 1035 | | without the consent of the presiding officer. Any decision of the presiding officer under this rule 30 |
---|
1036 | 1036 | | may be appealed to the body. 31 |
---|
1037 | 1037 | | 10.17 Display of Posters, Signs, and Banners Prohibited in the Gallery or Hearing 32 |
---|
1038 | 1038 | | Rooms. 33 |
---|
1039 | 1039 | | No placard, sign, poster, banner, chart or visual aid of similar nature shall be displayed in 34 |
---|
1040 | 1040 | | |
---|
1041 | 1041 | | |
---|
1042 | 1042 | | LC002312 - Page 29 of 31 |
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1043 | 1043 | | the gallery or committee hearing room at any time when the Senate or a committee is in session. 1 |
---|
1044 | 1044 | | The presiding officer shall order any such object so displayed to be removed. 2 |
---|
1045 | 1045 | | 10.18 Official Notice. 3 |
---|
1046 | 1046 | | Except as otherwise provided in these rules, notice to a member transmitted from the 4 |
---|
1047 | 1047 | | Office of the President through the Rhode Island General Assembly email system to the 5 |
---|
1048 | 1048 | | rilegislature.gov email address assigned to the member shall constitute official written notice to 6 |
---|
1049 | 1049 | | the member as of the date and time of the transmission. It is the responsibility of the members to 7 |
---|
1050 | 1050 | | monitor their rilegislature.gov email address on a regular basis, or to have email messages 8 |
---|
1051 | 1051 | | forwarded to an address which is monitored on a regular basis. Alternatively, a member may elect 9 |
---|
1052 | 1052 | | to receive such notice directly at an email address other than the member’s rilegislature.gov email 10 |
---|
1053 | 1053 | | address by executing a form available in the Office of the President. Once designated, 11 |
---|
1054 | 1054 | | transmissions to the alternate email address shall constitute written notice to the member as of the 12 |
---|
1055 | 1055 | | date and time of the transmission and will continue to be such until the Office of the President is 13 |
---|
1056 | 1056 | | notified of a different address. 14 |
---|
1057 | 1057 | | 10.19 Continuing Ethics Education. 15 |
---|
1058 | 1058 | | All state senators and senate employees shall bi-annually participate in a continuing 16 |
---|
1059 | 1059 | | education program presented by the Rhode Island Ethics Commission on the Rhode Island Code 17 |
---|
1060 | 1060 | | of Ethics and related laws. 18 |
---|
1061 | 1061 | | 10.20 Continuing Education and Training. 19 |
---|
1062 | 1062 | | All state senators and senate employees, shall bi-annually participate in a continuing 20 |
---|
1063 | 1063 | | education program presented by the Rhode Island Commission for Human Rights. 21 |
---|
1064 | 1064 | | 10.21 Discipline of a Member. 22 |
---|
1065 | 1065 | | The extraordinary power of expulsion generally should be reserved for very serious 23 |
---|
1066 | 1066 | | breaches of legal or ethical responsibilities of members. A complaint to expel a member shall 24 |
---|
1067 | 1067 | | commence with a resolution sponsored by the senate president; provided however, if the president 25 |
---|
1068 | 1068 | | is the subject of the resolution to expel, the resolution shall be sponsored by the president pro 26 |
---|
1069 | 1069 | | tempore. The secretary of the senate shall refer the resolution to the committee on judiciary. The 27 |
---|
1070 | 1070 | | committee shall investigate the matter and shall have the right to compel witnesses and produce 28 |
---|
1071 | 1071 | | documents by subpoena and other customary means. The committee shall afford the member due 29 |
---|
1072 | 1072 | | process. Due process shall be defined as customary legislative process for hearings, to include: 30 |
---|
1073 | 1073 | | properly served notice of all hearings, the right to testify and refute the allegations and the right to 31 |
---|
1074 | 1074 | | present evidence. In addition, individual notice shall be served upon the member and the member 32 |
---|
1075 | 1075 | | shall have the right to cross examine any witness. The vote of a majority of the committee shall 33 |
---|
1076 | 1076 | | be sent to the floor for the next legislative day available for consideration. All testimony shall be 34 |
---|
1077 | 1077 | | |
---|
1078 | 1078 | | |
---|
1079 | 1079 | | LC002312 - Page 30 of 31 |
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1080 | 1080 | | under oath and preserved by stenographic record which shall be transcribed upon the order of the 1 |
---|
1081 | 1081 | | chair. Expulsion shall require by two-thirds of the members elected voting for approval of the 2 |
---|
1082 | 1082 | | resolution to expel. 3 |
---|
1083 | 1083 | | 10.22 Elections. 4 |
---|
1084 | 1084 | | (1) On the first day of session, in an odd-numbered year, the senate shall be called to 5 |
---|
1085 | 1085 | | order by the senior member in continuous service present from Newport: "from Newport" shall be 6 |
---|
1086 | 1086 | | defined as any member who lives in Newport, if none, then the senior member whose district 7 |
---|
1087 | 1087 | | includes any of the City of Newport. If there are two (2) or more members of equal seniority of 8 |
---|
1088 | 1088 | | service, then by that one of them that shall be senior in age. The roll of members as appears by 9 |
---|
1089 | 1089 | | the list of senators shall then be called by the clerk. If a quorum is present, the member calling the 10 |
---|
1090 | 1090 | | senate to order as provided above shall call for nominations for the office of president of the 11 |
---|
1091 | 1091 | | senate, and shall call for a roll call vote of all members voting, and after the votes have been 12 |
---|
1092 | 1092 | | counted by him or her and by the clerks of the senate, he or she shall declare the result, and the 13 |
---|
1093 | 1093 | | voting shall continue until some person receives a majority of all the votes, and the person 14 |
---|
1094 | 1094 | | receiving that majority shall be the president of the senate for the ensuing term of two (2) years; 15 |
---|
1095 | 1095 | | (2) The member so calling the senate to order shall not receive, entertain, or put to vote any 16 |
---|
1096 | 1096 | | motion or question whatever, or point of order, excepting, the adoption of interim Senate Rules 17 |
---|
1097 | 1097 | | which shall precede any election; (3) Immediately upon the election of a president, the senate 18 |
---|
1098 | 1098 | | shall proceed to elect by roll call vote a president pro tempore, deputy president pro tempore, 19 |
---|
1099 | 1099 | | secretary of the senate and reading clerk, and shall immediately notify the house of 20 |
---|
1100 | 1100 | | representatives that it is duly organized and ready to proceed with the business of the session; (4) 21 |
---|
1101 | 1101 | | The secretary and clerk shall be employees of the legislative department under the jurisdiction 22 |
---|
1102 | 1102 | | and control of the senate, and shall hold office for two (2) years, and until their successors are 23 |
---|
1103 | 1103 | | elected and qualified; (5) Should the office of president pro tempore, deputy president pro 24 |
---|
1104 | 1104 | | tempore, secretary of the senate and reading clerk become vacant during the session term, the 25 |
---|
1105 | 1105 | | president shall call for elections. Should the office of president become vacant during the session 26 |
---|
1106 | 1106 | | term, the president pro tempore shall preside over an election using subsection (1) above. 27 |
---|
1107 | 1107 | | SECTION 11. 28 |
---|
1108 | 1108 | | TRANSPARENCY 29 |
---|
1109 | 1109 | | 11.1 Policy. 30 |
---|
1110 | 1110 | | It is declared to be the policy of the senate that to the maximum extent possible senate 31 |
---|
1111 | 1111 | | votes on public bills, elections and proceedings on the floor and in committee shall be recorded, 32 |
---|
1112 | 1112 | | or video screened and published on the general assembly website and/or broadcast on capitol 33 |
---|
1113 | 1113 | | television. 34 |
---|
1114 | 1114 | | |
---|
1115 | 1115 | | |
---|
1116 | 1116 | | LC002312 - Page 31 of 31 |
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1117 | 1117 | | 11.2 Publication of Committee Votes. 1 |
---|
1118 | 1118 | | To the extent possible, committee votes shall be published on the general assembly 2 |
---|
1119 | 1119 | | website prior to the floor vote on the bill; provided however, that failure of a committee vote to 3 |
---|
1120 | 1120 | | appear on the website prior to the floor vote shall not be grounds for objection to consideration of 4 |
---|
1121 | 1121 | | the bill on the floor. 5 |
---|
1122 | 1122 | | 11.3 Televising or Otherwise Recording Committee Hearing. 6 |
---|
1123 | 1123 | | To the extent possible, committee hearings shall be video recorded and broadcast to the 7 |
---|
1124 | 1124 | | public on capitol television. 8 |
---|
1125 | 1125 | | 11.4 Publication of Votes. 9 |
---|
1126 | 1126 | | All votes on public bills recorded electronically or by roll call shall be placed forthwith 10 |
---|
1127 | 1127 | | on the general assembly website. 11 |
---|
1128 | 1128 | | 11.5 Publication of the Senate Rules. 12 |
---|
1129 | 1129 | | The senate rules together with an index thereof shall be published on the general 13 |
---|
1130 | 1130 | | assembly website. 14 |
---|
1131 | 1131 | | 11.6 Authorization and Direction. 15 |
---|
1132 | 1132 | | The president of the senate and the senate staff are authorized and directed to take such 16 |
---|
1133 | 1133 | | reasonable and prudent action as may be necessary to carry out the policies and directives set 17 |
---|
1134 | 1134 | | forth in this section. 18 |
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1135 | 1135 | | ======== |
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1136 | 1136 | | LC002312 |
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1137 | 1137 | | ======== |
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1138 | 1138 | | |
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