SENATE RESOLUTION
8625



By Senators Brown and Finkbeiner

     WHEREAS, The Senate adopted permanent rules for the 2005-07 biennium under Engrossed Senate Floor Resolution 2005-8601;
     WHEREAS, Pursuant to Senate Rule 35, the Senate has received one day's notice from Senators Brown and Finkbeiner of their intent to move adoption of an amendment to the Senate Rule 45 in the manner set forth below;
     NOW, THEREFORE, BE IT RESOLVED, That Rule 45 as set forth in Engrossed Senate Floor Resolution 2005-8601 is stricken in its entirety and Rule 45 of the Permanent Rules of the Senate for the 2005-07 is set forth and adopted as follows:


     "Committee Rules


     Rule 45. 1. At least five days notice shall be given of all public hearings held by any committee other than the rules committee. Such notice shall contain the date, time and place of such hearing together with the title and number of each bill, or identification of the subject matter, to be considered at such hearing. By a majority vote of the committee members present at any committee meeting such notice may be dispensed with. The reason for such action shall be set forth in a written statement preserved in the records of the meeting.
     2. No committee may hold a public hearing during a regular or extraordinary session on a proposal identified as a draft unless the draft has been made available to the public at least twenty-four hours prior to the hearing. This rule does not apply during the five days prior to any cutoff established by concurrent resolution nor does it apply to any measure exempted from the resolution.
     3. During its consideration of or vote on any bill, resolution or memorial, the deliberations of any committee or subcommittee of the senate shall be open to the public. In case of any disturbance or disorderly conduct at any such deliberations, the chair shall order the sergeant at arms to suppress the same and may order the meeting closed to any person or persons creating such disturbance.
     4. A majority of any committee shall constitute a quorum. Committees shall be considered to have a quorum present unless the question is raised. No committee shall transact official business absent a quorum except to conduct a hearing.
     5. Bills reported to the senate from a standing committee must have a majority report, which shall be prepared upon a printed standing committee report form; shall carry one, or more as appropriate, of the following recommendations, shall be adopted at a regularly or specially called meeting during a legislative session and shall be signed by a majority of the committee:
     a. Do pass.
     b. Do pass as amended.
     c. That a substitute bill be substituted therefor, and the substitute bill do pass.
     d. That the bill be referred to another committee.
     e. Without recommendation.
     6. A majority report of a committee must carry the signatures of a majority of the members of the committee. In the event a committee has a quorum pursuant to subsection 3 of this rule, a majority of the members present may act on a measure, subject to obtaining the signatures of a majority of the members of the committee on the majority report.
     7. Any measure which does not receive a majority vote of the members present may be reconsidered at that meeting and may again be considered upon motion of any committee member if one day's notice of said motion is provided to all committee members.
     8. ((Members of the committee not concurring in the majority report may prepare a written minority report containing a different recommendation which shall be signed by those members of the committee subscribing thereto)) Any member of the committee not concurring in the majority report may sign a minority report containing a recommendation of "do not pass" or "without recommendation," which shall be signed by those members of the committee subscribing thereto, and submitted with the majority report. In every case where a majority report form is circulated for signature, a minority report form shall also be circulated.
     9. When a committee reports a substitute for an original bill with the recommendation that the substitute bill do pass, it shall be in order to read the substitute bill the first time and have the same ordered printed.
     A motion for the substitution of the substitute bill for the original bill shall not be in order until the committee on rules places the original bill on the second reading calendar.
     10. No vote in any committee shall be taken by secret ballot nor shall any committee have a policy of secrecy as to any vote on action taken in such committee.
     11. All reports of standing committees must be on the secretary's desk one hour prior to convening of the session in order to be read at said session."

I, Thomas Hoemann, Secretary of the Senate,
do hereby certify that this is a true and
correct copy of Senate Resolution 8625,
adopted by the Senate
February 23, 2005



THOMAS HOEMANN
Secretary of the Senate