E. Second and Third Reading of Bills
Rule 68. Calendar
Rule 69. Bill distribution and eligibility for second
reading
| DEADLINES FOR ACTION | ||
|---|---|---|
| 1st Regular Session | 2nd Regular Session | |
| Filing for introduction | No later than NOON, January 21 | No later than NOON, January 13 |
| 3rd Reading-Senate Bills | March 6 | February 5 |
| Receipt of House Bills by Senate | March 6 | February 5 |
| 3rd Reading-House Bills | April 14 | March 2 |
| Conference Committee Report | April 14 | March 2 |
| Without Rules Approval Last Date for Sine Die | April 29 | March 13 |
all times maintain a copy of said Manuals in the Office of the Principal
Secretary, the Office of the Majority Attorney, and the Office of the
Minority Attorney.
B. Priority of Motions and Debate
15. (a) Each motion shall be in writing, signed by the maker, and,
if demand is made, seconded, except the following motions:
Motion to adjourn.
Motion to fix the time which to adjourn.
Motion to lay on the table.
Motion for the previous question.
Motion to postpone indefinitely.
Motion to commit.
Motion to call the absentees.
Motion to excuse the absentees.
(b) Each written motion shall be handed to the Reading Clerk and
read aloud before debate.
(c) After being read and stated by the President or Chair, a motion
shall be in the possession of the Senate, but by consent of the Senate may
be withdrawn at any time before being decided upon or amended.
16. (a) When a question is under debate, no motion shall be in order
except the following motions which take precedence in the order listed:
1st. To adjourn.
2nd. To lay on the table.
3rd. For the previous question.
4th. To postpone to a certain time or day.
5th. To commit.
6th. To amend.
7th. To postpone indefinitely.
(b) A motion to adjourn shall always be in order, except when the
previous question or a motion to take up or receive the report of the
Committee on Elections concerning right of membership is pending. The
motion to adjourn shall be decided without debate.
(c) The question pending on adjournment shall be resumed on the
reassembling of the Senate, unless otherwise ordered by the Senate.
17. (a) When moved, the previous question shall be put in this form:
"Shall the question be now put?"
(b) Until it is decided, the previous question shall preclude all debate
and the introduction of all further amendments.
(c) The previous question having been ordered, its effect shall be to
put an end to all debate and bring the Senate to a direct vote on the
question then pending.
(d) When operating under the previous question, there shall be no
debate or explanation of votes; provided, however, that the author or
sponsor of the question then pending will have two (2) minutes to speak
prior to the vote.
18. All questions relating to the priority of business and motions to
table or take from the table shall be decided without debate.
B. Duties of Officers and Employees
23. (a) The Principal Secretary shall keep the Journal of the Senate
in due form and by signature shall attest the same.
(b) The Principal Secretary shall each day the Senate convenes
prepare a calendar, listing by number and author or sponsor, each bill and
joint resolution eligible for call on second reading and each bill and joint
resolution eligible for call on third reading on that day, together with any
special order of business.
(c) At the end of the Principal Secretary's term of office, unless
re-elected to that office, the Principal Secretary shall transmit to the
Legislative Services Agency all official receipt books and official records
from each session during the Principal Secretary's term of office.
24. The Legislative Services Agency shall preserve all official
records and books received from the Principal Secretary for future use.
25. (a) The Doorkeeper shall attend the Senate at all times during a
session unless directed otherwise by the President Pro Tempore and
execute all commands duly given.
(b) When requested to call a Senator, the Doorkeeper shall do so by
name.
(c) The Doorkeeper shall whenever the Senate is convened exclude
from the Senate Chamber all persons except the President, Senators,
officers and employees of the Senate, the Parliamentarian, members of
the House, representatives of the press assigned to places on the floor of
the Senate, employees of the Legislative Services Agency, persons
holding official passes authorized by the President Pro Tempore, former
Senators, and former members of the House; provided, however, that any
person, including former Senators and former members of the House,
who is registered as a lobbyist shall not have access to the Senate
Chamber.
C. Duties of Officers and Employees Pertaining to Bills
26. (a) The Principal Secretary, or designee, shall number
consecutively the bills, the joint resolutions, and the concurrent
resolutions received.
(b) Upon receiving a bill or joint resolution from a Senator, the
Principal Secretary, or designee, shall prepare a receipt showing the
number of the bill or joint resolution and the date when received.
(c) The Principal Secretary, or designee, shall prepare and distribute
to each member of the Senate, a list of all bills and joint resolutions to be
introduced each day the Senate is convened, commencing with the first
day of each regular or special session.
(d) The Principal Secretary shall keep all bills and joint resolutions
on file in regular order.
27. When a bill has passed, it shall be certified by the Principal
Secretary, noting at the foot thereof the day of its passage.
28. When an enrolled act or bill is transferred from one party to
another within or without the Senate Chambers, a receipt shall be
generated to record that transaction.
B. Specific Committees . Rights, Duties and Procedures
32. The Committee on Elections shall have leave to report at any
time on the right of a Senator to a seat by presenting its report to the
Senate or by filing its report with the Principal Secretary. A report
concerning right of membership shall be a question of the highest
privilege and may be called up at any time by the Chairperson of the
Committee on Elections or by any member of the Senate.
33. (a) A report of the Committee on Rules and Legislative
Procedure shall be in order at any time when no question is before the
Senate.
(b) All proposed amendments to or motions to suspend the Rules
shall be referred to the Committee on Rules and Legislative Procedure
without debate. The Committee shall have the right to report at any time
on any proposed change in the Rules or the order of business. A report
on a proposed change in the Rules or order of business shall be
immediately disposed of by a majority vote of the Senators present and
voting.
(c) The Rules and Legislative Procedure Committee may correct
spelling, grammatical, numbering, lettering, or technical errors in a bill
or resolution when it is in the possession of the Senate. The Committee
shall report to the Senate the number of each bill corrected and the
correction which was made under its direction. The report of a correction
shall be maintained under the supervision of the Principal Secretary and
be available for inspection by a legislator upon request and entered in the
Journal of the Senate.
B. Pre-Filing, Filing, Introduction, First Reading and
Committee Assignment
42. Any member or member-elect of the Senate may on or after
thirty (30) days prior to the convening of any regular or special session
pre-file a bill, joint resolution, or concurrent resolution with the Principal
Secretary for introduction.
43. A Senator must sign and deliver in person to the Principal
Secretary's Office every bill or resolution to be filed or pre-filed by that
Senator.
44. (a) Any bill or resolution pre-filed may be withdrawn, prior to
its first reading, by the author upon written request to the Principal
Secretary and the records shall show such bill or resolution as having
been withdrawn.
(b) In the event that the office of any member or member-elect who
has pre-filed a bill or resolution shall become vacant for any reason prior
to the first reading thereof, the bill or resolution shall be introduced in the
names of the remaining second author and/or coauthors, if any. If a bill
or resolution was pre-filed only by the member or member-elect whose
office is vacant, the bill or resolution shall be withheld from introduction
and the records shall show the same as withdrawn prior to introduction.
45. (a) First regular session. There shall be no limitation on the
number of bills filed by each Senator before January 7; provided,
however, that no Senator shall file more than two (2) bills per business
day after January 6 until NOON on January 21 which shall be the
deadline for filing bills.
(b) Second regular session. There shall be no limitation on the
number of bills filed by each Senator before January 6; provided,
however, that no Senator shall file more than one (1) bill per business day
after January 5 until NOON on January 13, which shall be the deadline
for filing bills.
(c) Each Senator shall be allowed to assign, in writing, his right of
bill filing to another Senator.
46. (a) Whenever the President Pro Tempore of the Senate shall
assign a filed bill or joint resolution to a standing committee, the
assignment shall be made within seven (7) calendar days following the
last day for filing bills and joint resolutions and shall cause the bill or
joint resolution with the committee assignment to be set forth on a bill
filing list.
(b) All vehicle bills shall be referred to the Committee on Rules and
Legislative Procedure.
47. (a) Bills and joint resolutions will be introduced after assignment
to a committee.
(b) Bills and resolutions are introduced when read for the first time.
(c) The first reading of a bill shall be for information, including the
assignment to a committee by the President Pro Tempore.
48. Bills and joint resolutions pre-filed prior to a session or a recess
after organization day may be assigned and released by the President Pro
Tempore or President Pro Tempore-elect of the Senate to a standing
committee for consideration and will be introduced the first or a
subsequent day on which the Senate is convened.
49. Upon the assignment of a bill or resolution for committee
consideration or the day of first reading, whichever occurs first, the filed
unbacked copies of a bill or resolution shall be distributed by the
Principal Secretary as follows: one to the printer for bill reading room
copies; one to the Majority Attorney; one to the Head Senate Proofreader;
one to the author; one to the committee chairperson of the committee to
which the bill is assigned; and one to the Minority Attorney.
C. Subject Matter
50. No motion to amend, committee action, concurrence or
conference committee action which seeks under color of amendment to
substitute or insert subject matter not germane to that of the bill or
resolution under consideration shall be in order.
51. Any conference committee report not in accordance with Article
4, Section 19 of the Constitution shall not be in order.
D. Committee Meetings, Considerations and Reports
52. The committees of the Senate shall perform such services and
take into consideration all subjects and matters required of them by the
Senate.
53. (a) No committee or subcommittee, except the Committee on
Rules and Legislative Procedure and the Committee on Ethics, shall meet,
hear evidence, or take a vote on a bill or resolution assigned to the
committee or subcommittee without at least forty-eight (48) hours notice
to the public. The notice shall include the following:
(1) Committee or subcommittee name.
(2) Chairperson.
(3) Time, day, date and place of meeting.
(4) Number and subject matter of all bills and resolutions to
be considered.
(b) The Chairperson or Subcommittee Chairperson, with the approval
of the Committee Chairperson, is responsible for informing the Principal
Secretary of the intent to hold a hearing including all information required
in the notice by Rule 53(a).
(c) Senate committee and subcommittee schedules shall be posted
prominently in the information center for the Senate Committee hearings
and on the Senate bulletin boards outside the Senate and House Chambers
for no less than forty-eight (48) hours before the meeting or hearing;
provided, however, that the forty-eight (48) hour posting requirement
shall not apply to the Committee on Rules and Legislative Procedure and
the Committee on Ethics. Senate committee or subcommittee meetings to
be scheduled for a Monday or Tuesday shall be posted before noon or
prior to adjournment, whichever is later, on the preceding Friday;
provided, however, that this posting requirement shall not apply to the
Committee on Rules and Legislative Procedure and the Committee on
Ethics.
54. All standing committee and subcommittee meetings shall be open
to the public. The Senate's intent with this Rule is to provide public
access to the legislative process without hindering, intimidating, or
disrupting that process.
55. No action shall be taken without a quorum of the committee. A
quorum shall consist of a majority of the appointed members. Provided,
however, that the Chairperson of the Committee on Rules and Legislative
Procedure may offer a committee report on behalf of said committee on
only his signature.
56. When reporting on vehicle bills, the Rules and Legislative
Procedure Committee shall not reassign a vehicle bill to another
committee until the substance of the bill which is to be heard by a
standing committee is amended into such vehicle bill.
57. When a bill or resolution is assigned to a standing committee the
Senator introducing the same shall be a member of the standing
committee during such committee's deliberations thereon, but shall have
no power to act or vote on the bill or resolution unless the Senator is an
appointed member of the standing committee.
58. All bills and resolutions, with or without amendments, must
receive consideration by the whole committee before being reported to the
body of the Senate by the committee chairperson, except bills and
resolutions in possession of the Committee on Rules and Legislative
Procedure.
59. (a) When a final vote is taken on any bill or resolution under
consideration by a standing committee or subcommittee, the vote of each
member of said standing committee or subcommittee shall be recorded
and retained as a part of the record of the meeting.
(b) Records of committee votes shall be made available for the
purpose of examination by other legislators, the news media, and the
public in general as prescribed by the Rules and Legislative Procedure
Committee.
(c) Voting by secret ballot is prohibited.
(d) The vote record shall be signed by the committee chairperson or
ranking member if the ranking member presides.
60. (a) Each member of the committee including the chairperson shall
cast a vote.
(b) No member of the committee shall cast a vote for another
member; nor shall any person not a member of the committee cast a vote
for a member.
(c) No proxy votes are ever in order.
61. In the event of a tie vote on a vote for final committee
recommendation, the chairperson may call for a vote at a later time.
62. After a committee, other than the Committee on Rules and
Legislative Procedure, has had a bill under consideration for six (6) days
(Sunday and the day of its introduction not included) the author of such
bill or any member of the Senate shall have the right to call the attention
of the Senate to such fact. A bill or resolution shall remain in the
possession of the committee to which it was assigned unless two-thirds of
the Senators elected shall vote to bring the bill or resolution to the floor.
A bill or resolution brought to the floor by a vote under this Rule shall
be considered by the Senate as if such bill or resolution had been reported
without recommendation.
63. (a) The committee to which a bill shall have been assigned may
report thereon with or without amendments, or may report a substitute
therefor, subject to the provisions of Rule 50.
(b) The committee to which a concurrent resolution shall have been
assigned may report thereon only without amendment.
(c) The committee report shall be prepared by the Office of the
Majority Attorney on prescribed forms and shall be signed by the
committee chairperson, or in the chairperson's absence the ranking
member, filed with the Principal Secretary not less than one (1) hour
prior to the convening of the session day on which it is to be offered, and
reproduced, with copies furnished to the President Pro Tempore, the
Minority Leader, and the Chairperson and Ranking Minority Member of
the committee which reported the bill; provided, however, that this
subsection shall not apply to reports of the Committee on Rules and
Legislative Procedure.
64. (a) A minority report may be filed on a bill or resolution if the
committee to which the bill or resolution was assigned adopted a majority
report on said bill or resolution.
(b) To be eligible for consideration, a minority report must be on
prescribed forms and shall be signed by a member of the committee who
voted against the majority report, filed with the Secretary not less than
one (1) hour prior to the convening of the session day on which it is to
be offered, and reproduced with copies furnished to the President Pro
Tempore, the Minority Leader, and the Chairperson and Ranking
Minority Member of the committee which reported the bill.
(c) A minority report may be made only if a majority report on the
same bill or resolution is before the Senate.
(d) If a minority report be made, the question shall be upon
concurring in the minority report, and if not concurred in, the question
shall then recur upon the majority report.
65. (a) After the assignment of, but prior to the filing of a committee
report on, a bill or resolution, a committee which has the bill or
resolution under consideration may include in the report a
recommendation for reassignment of the bill or resolution to another
committee.
(b) A bill or resolution may be reassigned at any time upon a motion
of the President Pro Tempore approved by a majority vote of the Senators
elected.
66. The Chairperson of a committee reporting on a bill or resolution
may open and close the general debate thereon, if any, except when
operating under the previous question.
67. (a) Every bill or joint resolution which a committee shall report
with a recommendation for passage or shall report without
recommendation, shall be printed at once unless already printed. Every
bill or joint resolution upon which a divided committee report is made
and the report recommending passage is adopted, shall likewise be printed
at once unless already printed.
(b) The bill or joint resolution shall be printed in accordance with the
style specified in Rule 39 and shall implement the committee report. The
committee report shall be appended, except for bills in which the
committee report substitutes entirely new language as allowed by Rules
50, 51, or 79(e), in which case reference may be made to the printing.
(c) Whenever a bill or joint resolution shall be reported so as to
require a printing of the bill or joint resolution, the number of copies to
be printed will be determined by the President Pro Tempore and no more
than have been so directed shall be printed at once. One (1) copy of each
bill or joint resolution so printed shall be distributed to each Senator and
sufficient copies shall be deposited with the Legislative Services Agency
for distribution to the public. No more than one (1) copy of any such bill
or joint resolution shall be delivered to any one person. Any remaining
copies shall be deposited with the Office of the Principal Secretary for the
use of the Senate.
E. Second and Third Reading of Bills
68. The calendar prepared by the Office of the Principal Secretary in
accordance with Rule 23(b) shall be laid upon the desk of each Senator
at the beginning of each day on which the Senate convenes and be made
available to the public.
69. (a) Whenever a printed copy of a bill or joint resolution is laid
on the desks of the Senators, said bill or joint resolution shall be deemed
distributed. The date of such distribution shall be printed on the bill or
joint resolution.
(b) No bill shall be read a second time until two (2) calendar days
after such distribution.
70. A motion to amend a bill or joint resolution on second reading
is in order only if the motion is reduced to writing, contains the original
signature of the author of the motion, is filed with the office of the
Principal Secretary not less than two and one-half (2 1/2) hours before the
convening time of the session on the day on which the bill or joint
resolution is called for second reading. If a motion to amend has been
timely filed for a bill or joint resolution eligible for call on a day the
Senate is convened, but not distributed prior to convening that day, then
the bill or joint resolution may not be called that day.
71. (a) If no amendments are made to a bill or joint resolution on
second reading, the printed bill or joint resolution shall be used for the
engrossed bill or joint resolution after each page thereof is duly
authenticated by the engrossing clerk as to the correctness and
genuineness of such page, and such printing so authenticated shall be the
engrossed bill or joint resolution.
(b) If a bill or joint resolution is amended on second reading, the
President Pro Tempore may order the entire bill or joint resolution to be
reprinted as amended. If a bill or joint resolution is reprinted, such
reprinted bill or joint resolution shall be used for the engrossed bill or
joint resolution after each page thereof is duly authenticated by the
engrossing clerk as to the correctness and genuineness of such page, and
such reprinting so authenticated shall be the engrossed bill or joint
resolution.
(c) If a bill or joint resolution is amended on second reading but is
not ordered reprinted, the printed bill or joint resolution shall be used for
the engrossed bill or joint resolution after each page thereof and each
page of all amendments made thereto on second reading is duly
authenticated by the engrossing clerk as to the correctness and
genuineness of such page, and such printing and amendments thereto so
authenticated shall be the engrossed bill or joint resolution.
72. (a) On the call of bills on second and third reading, no name of
any Senator shall be called a second time until the entire roll has been
called.
(b) A Senator may yield the right to call a bill on second or third
reading when the Senator's name is called by stating the name of the
Senator to whom the yield is given.
(c) No Senator shall call down more than one (1) bill on each roll
call unless a yield has been first obtained for each additional bill called.
73. Bills and resolutions shall be called for action only by Senators
whose names appear first and second respectively on the backed original
bill or resolution. If the first author or sponsor of a bill or resolution is
absent from the floor, the second author may make the call if permission
of the first author has been granted, either in writing or by oral
communication verified by the President Pro Tempore.
74. When any bill has been ordered reprinted under Rule 71(b), such
bill shall not be eligible for call on third reading until such reprinted
copies shall have been distributed to the Senators.
75. Unless the constitutional rule be suspended, no bill shall be called
for third reading on the same day it shall have passed to engrossment.
76. (a) No Senate bill or joint resolution amending the Constitution
shall be called for third reading after March 6 in the first session or
February 5 in the second session.
(b) No House bill or joint resolution amending the Constitution shall
be called for third reading in the Senate after April 14 in the first session
or March 2 in the second session.
(c) No House bill or joint resolution amending the Constitution shall
be received by the Senate after March 6 in the first session or February
5 in the second session.
(d) The limitations set forth in this Rule shall not apply to bills
concerning reapportionment and redistricting only.
77. (a) No motion shall be received to amend a bill on its third
reading, unless it is signed by two-thirds of the Senators elected.
(b) This Rule shall not apply to any motion to amend which corrects
technical or printing errors. A motion to amend a bill or joint resolution
on third reading shall be specifically designated "Technical
Amendments". All technical amendments shall be referred to the
Committee on Rules and Legislative Procedure without debate and said
Committee shall have the right to report thereon at any time, and any
such report shall be immediately disposed of by a majority vote of the
Senators present and voting.
(c) This Rule shall not apply to any motion to commit the bill to a
committee of one, consisting of the first or second author or sponsor,
with specific directions to amend. A motion to commit to a committee
of one must be made at the time a bill or joint resolution is called on third
reading but prior to being placed on its passage. A motion to commit to
a committee of one shall be referred to the Committee on Rules and
Legislative Procedure without debate, which may report on the motion at
any time, and any such report shall be immediately disposed of by a
majority vote of the Senators present and voting. If the Rules and
Legislative Procedure Committee Report is adopted, then the committee
of one shall report that it has amended the bill as directed and such report
shall be disposed of by a majority vote of the Senators present and voting.
The bill or joint resolution shall then be open for debate and placed upon
its passage.
78. (a) When a bill or joint resolution shall have failed for want of
a constitutional majority, but shall have received the affirmative vote of
a majority of the Senators present (more yeas than nays, but less than 26
yeas), such bill or joint resolution may be called down by the author or
sponsor for a second and final vote, without debate, during the call of
bills on third reading on a subsequent day but within three (3) days that
the Senate is convened following the initial vote. The call down of such
a bill or joint resolution shall not be counted as a third reading call of the
author or sponsor. The daily calendar shall list such bill or joint
resolution in its regular order, but shall note the session days remaining
for action.
(b) When a bill or joint resolution shall have failed for want of a
constitutional majority, but shall have received an equal number of
affirmative votes and negative votes of the Senators present (the same
number but less than 25 of each the yeas and nays), such bill or joint
resolution may be called down by the author or sponsor for a second and
final vote, without debate, during the call of bills on third reading on a
subsequent day but within three (3) days that the Senate is convened
following the initial vote. The call down of such a bill or joint resolution
shall not be counted as a third reading call of the author or sponsor. The
daily calendar shall list such bill or joint resolution in its regular order,
but shall note the days remaining for action.
(c) When a bill or joint resolution shall have failed for want of a
constitutional majority, but shall have received the negative vote of a
majority of the Senators present (more nays than yeas but less than 26
nays), such bill or joint resolution shall be in order for reconsideration on
motion by any Senator of the prevailing (nays) side made during the call
of bills on third reading on a subsequent day but within three (3) days
that the Senate is convened following the initial vote; provided, however,
that only one motion to reconsider a bill or joint resolution shall be in
order during the session and the vote on such motion shall be without
debate. If the motion to reconsider passes, the bill or joint resolution may
be called down by the author or sponsor for a second and final vote,
without debate, during the call of bills on third reading on a subsequent
day but within three (3) days that the Senate is convened following the
initial vote on the bill or joint resolution. The call down of such a bill or
joint resolution shall not be counted as a third reading call of the author
or sponsor. The daily calendar shall list such bill or joint resolution
separately under the heading "Rule 78(c) Bills and Joint Resolutions,"
following the third reading bills, and shall note the days remaining for
action.
(d) Notwithstanding subsection (c), whenever a particular bill or joint
resolution receives a constitutional majority of votes against its passage
(26 or more nays), that bill or joint resolution shall be considered
decisively defeated and shall not be considered again during the session;
provided, however, that this provision on decisive defeat does not apply
to the operating or construction budgets or to state revenue raising
measures which may be brought before the Senate in the same or different
bills until adopted.
F. Concurrences, Dissents, and Conference Committees
79. (a) In every case in which a Senate bill or joint resolution is
returned from the House with House amendments, a motion to concur or
dissent may be filed by the first author or by the second author with the
first author's approval by written or oral communication and verified by
the President Pro Tempore or member designated by the President Pro
Tempore.
(b) A motion to concur or dissent shall be prepared by the Senate
Attorneys' Offices, filed with the Office of the Principal Secretary,
reproduced and distributed to the Senators.
(c) A motion to concur shall not be acted upon until such motion has
been filed with the Secretary of the Senate and distributed to the Senators
at least four (4) hours before action is taken thereon.
(d) A motion to dissent is eligible for action immediately after being
filed. A motion to dissent may be filed by the second author with the first
author's approval by written or oral communication and verified by the
President Pro Tempore or member designated by the President Pro
Tempore.
(e) No Senate bill or joint resolution returned from the House with
an amendment substituting therein new subject matter shall be acted upon
by the Senate unless a written consent, describing the change in the
subject matter, is signed by the first and second authors and is attached
to the bill or joint resolution upon its return. A bill or joint resolution
containing a new subject matter and accompanied by the written consent
of the first and second authors shall be referred to the Committee on
Rules and Legislative Procedure and, if approved, placed on a separate
calendar. Such approved bill or joint resolution is subject to the
procedures in Rule 79(c).
80. Motions to concur in House amendments shall be rejected unless
approved by a majority of the members elected and such majority shall
be established by a roll call vote.
81. (a) If the Senate dissents in House amendments, the first or
second author may request that the President Pro Tempore appoint a
conference committee, and if the House dissents in Senate amendments,
the Speaker may request by the appointment of House conferees, that the
President Pro Tempore appoint a conference committee.
(b) The Senate conference committee consisting of two Senators, with
the first listed Senator being the Senate Chairperson, and advisors may be
appointed at any time by the President Pro Tempore.
(c) Senate conferees may be changed or removed at any time by the
President Pro Tempore.
(d) The appointment of a conference committee and any change of
conferees shall be reported by the President Pro Tempore to the Senate
and posted in the information center for the Senate Committee meetings
and on the Senate bulletin boards.
82. (a) The Senate Conference Committee shall meet with a like
committee of the House of Representatives to adjust the differences.
(b) Conference committee meetings shall be open to the public, shall
be held in the State House, and shall convene only after one (1) hour
public notice which shall include:
(1) Members of the conference committee
(2) Chairperson of the conference committee
(3) Time, day, date and place of meeting
(4) Number and subject matter of the bills or joint resolutions
to be considered.
(c) It shall be the responsibility of the chairperson of the conference
committee on a Senate bill or joint resolution to advise the Office of the
Principal Secretary of the intent to hold a conference committee meeting
and to provide said office with the information set forth in Rule 82(b).
(d) Notice of a conference committee meeting including all the
information set forth in Rule 82(b) shall be posted prominently in the
information center for the Senate Committee meetings and on the bulletin
boards outside the Senate and House Chambers for no less than one (1)
hour prior to said meeting.
83. (a) Each report of a conference committee for the adjustment of
differences between the Senate and House, together with a digest of the
bill and the changes made, shall be reduced to writing, signed by the
appointed conferees, reviewed by the Majority Attorney and Minority
Attorney, filed with the Office of the Principal Secretary, and distributed
to the Senators at least four (4) hours before action is taken thereon.
(b) The four (4) appointed conferees must sign the Conference
Committee Report before said Report will be accepted for filing.
(c) All conference committee reports requiring title amendments shall
be stamped "Title Amendment."
(d) No conference committee report shall be referred to the Senate
until such time as it has been drawn or approved as to form by both the
Majority Attorney and the Minority Attorney.
(e) Any conference committee report which contains subject matter
not previously passed by at least one House shall be referred to the
Committee on Rules and Legislative Procedure; provided, however, this
Rule does not apply to conference committee reports on the appropriation
bills. If a conference committee report containing a subject matter not
previously passed by at least one House is approved by the Committee on
Rules and Legislative Procedure, such report shall be placed on a separate
calendar with the heading "Rule 83(e) Conference Committee Reports".
(f) No more than one (1) conference committee report on a bill or
joint resolution shall be eligible for consideration by the Senate.
(g) A conference committee report which is eligible for consideration
may be withdrawn only with the approval of the Senate upon a written
motion made by the Senate chairperson of the conference committee.
(h) Notwithstanding Rule 78, a conference committee report shall be
rejected unless approved by a majority of the members elected. Such
majority shall be established by roll call vote.
(i) In the first regular session, no conference committee report is
eligible for consideration after April 14.
(j) In the second regular session, no conference committee report is
eligible for consideration after March 2.
(k) Upon recommendation of the Committee on Rules and Legislative
Procedure subsections (i) and (j) of this rule may be suspended as to a
specific bill by the approval of a constitutional majority.
G. Enrollments
84. All bills passed by both Houses shall be printed in enrolled form,
and shall be certified as accurate by the first author of the bill, the
President of the Senate, the President Pro Tempore, and the Principal
Secretary. One copy of each enrollment shall be furnished to the author
at the time of that certification.
H. Definitions
85. (a) In computing any period of time under these Rules, the day
of the act or event from which the designated period of time begins to run
shall not be included. The last day of the period so computed shall be
included.
(b) Whenever a deadline date is specified in these rules, and that date
falls on a Saturday, Sunday, or legal holiday, that deadline is extended to
the next day that is not a Saturday, Sunday, or legal holiday.
(c) "Business day" means Monday through Friday except for legal
holidays. Whenever a deadline is specified in these rules to require filing
by a certain business day, the deadline shall be 5:00 P.M. on the business
day unless otherwise specified by these rules.
(d) Whenever a deadline date is specified in these rules requiring
action by the Senate on or before a certain date or prohibiting action after
a certain date, the action shall be completed before midnight on the date
specified.
(e) Whenever a document is required by these rules to be filed with
the Principal Secretary, the document, to be timely filed, must be
presented to and scanned or file stamped by the Principal Secretary before
the deadline established by these rules.
IC 2-2.1-3-2.Members must file a written statement of their economic
interests for the preceding calendar year not later than seven (7) calendar
days following the first session day in January of each year.
IC 2-2.1-3-7.Provides an administrative procedure to be used by each
legislative ethics committee to receive and hear any complaint which
alleges a breach of any privilege of the appropriate house, misconduct of
any member, or any violation of the respective code of ethics.
IC 2-2.1-3-9.Members shall not accept compensation from any
employment, transaction or investment entered into or made as a result
of material information of a confidential nature.
IC 2-2.1-3-10.Members shall not receive a price which substantially
exceeds that which they would charge in the ordinary course of business
for the sale or lease of any property or service.
IC 2-2.1-3-12.Prescribes the punishment for willful failure to file a
required statement, knowingly filing a false statement or violation of IC
2-2.1-3-9 and 10.
IC 2-7-5-1.No legislative official shall receive compensation or
reimbursement other than from the state for personally engaging in
lobbying.
IC 2-7-5-2.It is unlawful for any full-time public official or employee
of the state to receive compensation, other than regular compensation, for
lobbying.
IC 2-7-5-4.No past member of the general assembly who is a lobbyist
may be on the floor of either house while that house is in session.
IC 2-7-6-4.A member of the general assembly who knowingly or
intentionally conspires with a lobbyist in violation of IC 2-7-6-2 or
IC 2-7-6-3 commits a Class D felony.
IC 3-9-5-18.Members are required to file a statement that all political
contributions received have been turned over to their principal committee
treasurer and that the committee reports are complete and accurate.
IC 3-14-1 (See various sections).Prescribes the penalty for knowingly
filing a fraudulent report, failing to file a report or recklessly violating a
provision of the article.
IC 35-44-1-1(a)(2).Members shall not solicit, accept or agree to accept
any property with intent to control their performance or function as a
legislator.
IC 35-44-1-2 .Members shall not:
1. knowingly or intentionally perform a forbidden
act.
2. perform an unauthorized act with intent to obtain
property.
3. knowingly or intentionally solicit, accept or
agree to accept from an appointee or employee
any unauthorized property as a condition of
continued employment.
4. knowingly or intentionally use information
obtained by virtue of their office that official
action that has not been made public is
contemplated.
5. knowingly or intentionally fail to deliver public
records and property in their possession to their
successors in office.
IC 35-44-1-3 .Members who knowingly or intentionally:
1. have a pecuniary interest in; or
2. derive a profit from;
a contract or purchase by the legislature without full disclosure of their
interest or profit, commit conflict of interest.
1. After a bill or resolution has passed one house and before it shall
be transmitted to the other house for further action, it shall be the duty of
the author to furnish to the clerk of the house of origin a card bearing the
name of the party selected as sponsor in the other house, which card shall
be attached to the bill and transmitted therewith.
2. (a) After a bill or joint resolution shall have passed both
houses it shall be duly enrolled on paper, and the clerk of the house
where it originated shall certify over his or her signature upon the back
thereof the house in which it originated, the dates upon which it passed
the House and Senate, respectively, and the number of votes cast for and
against it in each house.
(b) Every enrolled bill or joint resolution shall be printed in enrolled
act form. The session of the General Assembly shall be indicated on the
face of such printed enrollment. In the case of enrolled bills proposing to
amend any then existing Indiana statute, the text shall reflect any change
from the text of the then existing statute. This shall be accomplished by
the use of bold face type to indicate the addition of new material to the
text of the then existing statute, and cancelled type to indicate the deletion
of existing material.
3. Every bill or joint resolution, after having been enrolled, shall
be examined by the Committee on Rules and Legislative Procedures of
the house in which it originated, which shall compare the enrolled copy
with the engrossed copy, or cause the author thereof to do so, taking
special care that the engrossed amendments adopted by either house, if
any there be, shall have been properly incorporated in said enrolled copy
and shall report in writing to said house any errors therein. In addition to
the three official copies of each enrolled bill, there shall be printed on
writing paper one hundred copies, excepting, however, the general
appropriation bill, which shall be delivered to the Public Law Division of
the Legislative Services Agency for the use of the public.
4. (a) Every bill or joint resolution reported to have been duly
enrolled shall be signed first by the Speaker of the House of
Representatives, who shall send the same to the Senate; then by the
President of the Senate, after which it shall be presented by the Secretary
of the Senate or the Clerk of the House of Representatives to the
Governor for his signature.
(b) Except as provided in this rule, all bills and joint resolutions shall
be signed by the Speaker of the House of Representatives and the
President of the Senate, in their houses respectively, when in session.
(c) During a recess period, the Speaker and the President of the
Senate may sign bills and resolutions in their respective offices. A list of
the bills and resolutions signed during any recess shall be read
immediately upon the reconvening of each house.
5. A record of all bills and resolutions signed, whether in session or
during a recess, shall be kept in the Journals of each house.
6. When any paper or papers, proper to be acted upon by both
houses, shall come before either, the house before which such paper or
papers are laid shall, after acting thereupon, lay it or them before the
other house.
7. (a) In every case of an amendment of a bill agreed to in one
house, and dissented to in the other, either house may request a
conference and appoint a committee for that purpose; the other house may
also appoint a committee. A conference committee shall consist of two
members from each house; one member from the house in which the bill
or resolution originated shall be named as chairman by the appointing
authority of the house of origination.
(b) Conferees shall state to each other verbally or in writing, as
either shall choose, the reason of their respective houses for and against
the amendment, and confer freely thereon and report to each house their
proceedings thereon. Meetings of conference committees shall be held at
a convenient hour agreed upon by the conferees and shall be open to the
public, whenever feasible, in which event, notice shall be posted before
such meeting in accordance with the rules of the house in which the bill
originated. It is the intent of this joint rule to provide public access to the
legislative process without hindering, intimidating or disrupting that
process.
8. In all cases where the Doorkeeper of one house shall, by reason
of official engagement, or other causes, be unable to execute the
commands or process of the house of which he is an officer, it shall be
the duty of the Doorkeeper of the other house to execute such commands,
together with such process as may be directed to him by the presiding
officer thereof.
9. A joint standing committee to be called the Committee on Joint
Rules shall be appointed, to consist of four Senators, not more than two
of whom shall be from the same political party, four Representatives, not
more than two of whom shall be from the same political party, and the
Speaker of the House of Representatives and the President Pro Tempore
of the Senate, which last two officers shall be ex officio members of the
Committee.
10. All joint conventions shall be held in the hall of the House of
Representatives unless a different place shall be designated in the
resolution by which such joint convention is convened. All such joint
conventions shall be presided over by the President of the Senate, or if
for any reason the President of the Senate be absent or decline to preside,
then the President Pro Tempore of the Senate shall preside.
11. In all joint conventions and joint meetings of the two houses no
business shall be transacted other than that for which they were
assembled.
12. When a message is sent to the Senate or to the House of
Representatives, it shall be delivered in writing to the Secretary of the
Senate or the Clerk of the House, who shall deliver such message to the
Chair.
13. Messages shall be sent by such persons as the President Pro
Tempore of the Senate or Speaker of the House may designate for that
purpose.
14. When bills which have passed one house are ordered to be
printed in the other, a greater number of copies shall not be printed than
may be necessary for the use of the house making the order.
15. When the Governor has informed either house of the General
Assembly that he has signed a bill or joint resolution, or taken any other
action affecting both houses of the General Assembly, the house to which
his action is reported shall inform the other house of the General
Assembly of the Governor's report.
16. Any proposed amendments to these rules shall be referred to the
Committee on Joint Rules.
17. The Secretary of the Senate and the Clerk of the House of Representatives shall at the time of delivery of the enrolled acts and
resolutions for the signature of the presiding officer leave with the minute
clerk a copy of a written message setting out the numbers of the enrolled
acts or resolutions so submitted.
18. A motion to recess for more than three days shall be deemed to
have failed unless approved by a majority of the members elected in each
house. Such majority shall be established by roll call vote.
19. The joint rules, upon adoption, shall govern the General
Assembly for the term of that General Assembly unless suspended or
amended.
20. If:
(1) two bills amending the same section of the Indiana Code are
approved in the same session of the General Assembly, and neither bill
recognizes the existence of the other;
(2) one bill amends a section of the Indiana Code and another bill
repeals that section with an effective date preceding the effective date of
the amendment; or
(3) two bills each add a new provision to the Indiana Code at the
same code citation without either bill recognizing the addition made by
the other and both bills are approved in the same session of the General
Assembly;
one of the two bills may be corrected at enrollment to recognize the
existence of the other by the Committee on Rules and Legislative
Procedures of the House of Representatives and the Committee on Rules
and Legislative Procedure of the Senate. However, a correction under this
rule is limited to the extent necessary to resolve the technical conflict and
may not be made unless the report of each of the two committees includes
the written consent of the respective committee's ranking minority
member. In addition, the committee report in each house must include the
written consent of the corrected bill's author or sponsor, as the case may
be, in that house.
21. If a bill is passed which clearly expresses the intent that a
SECTION thereof becomes effective on a date other than the standard
statutory effective date set forth in the Indiana Code, but does not use the
technical emergency provision for such effective date, then the Rules and
Legislative Procedures Committee of the House of Representatives and
the Rules and Legislative Procedure Committee of the Senate may correct
the bill at enrollment to include the technical emergency provision for the expressed effective date. For the correction to be made, each House must
adopt a committee report setting forth the correction and containing the
written consent of the Chairperson and ranking minority member of the
Rules Committee of that House and the author or sponsor of the bill in
that House.