WHEREAS, The Senate adopted permanent rules for the 2011-2013
biennium under Engrossed Senate Resolution 8604 as amended by Senate
Resolution 8611 and Senate Resolution 8662; and
WHEREAS, The notice requirements set forth in Senate Rule 35 have
been satisfied; and
WHEREAS, The Senate desires to make changes to committee rules
concerning minority reports and to rules pertaining to introduction of
bills;
NOW, THEREFORE, BE IT RESOLVED, That Rules 45 and 56 are amended as
follows:
"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. No committee shall amend a measure, adopt a substitute bill, or
vote upon any measure or appointment absent a quorum. A committee may
conduct a hearing absent a quorum. A majority of any committee shall
constitute a quorum and committees shall be considered to have a quorum
present unless the question is raised. Any question as to quorum not
raised at the time of the committee action is deemed waived.
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 be adopted at a regularly or specially
called meeting during a legislative session and shall be signed by a
majority of the committee; and shall carry only one of the following
recommendations:
a. Do pass;
b. Do pass as amended;
c. That a substitute bill be substituted therefor, and the
substitute bill do pass; or
d. Without recommendation.
In addition to one of the above-listed recommendations, a report
may also recommend that a bill be referred to another committee.
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 4 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, appointment, substitute bill, or amendment still
within a committee's possession before it has been reported out to the
full senate may be reconsidered to correct an error, change language,
or otherwise accurately reflect the will of the committee in its
majority and minority reports to the full senate. Any such
reconsideration may be made at any time, by any member of the
committee, provided that the committee has not yet reported the
measure, appointment, substitute bill, or amendment out to the full
senate. Any such reconsideration made after a vote has been taken or
signatures obtained will require a new vote and signature sheet. 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. For purposes of this rule, a
committee is deemed to have reported a measure, appointment, substitute
bill, or amendment out when it has delivered its majority and minority
reports to the senate workroom. After such delivery, the committee no
longer has possession of the measure, appointment, substitute bill, or
amendment and no further committee action, including reconsideration,
may be taken.
8. 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. Unless the signatory of a minority report expressly
indicates a "do not pass" recommendation, the member's vote shall be
deemed to be "without recommendation." 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. During any special session of the legislature, this rule
may be suspended by a majority vote."
"Rule 56. All bills, joint resolutions and joint memorials
introduced shall be endorsed with a statement of the title and the name
of the member introducing the same. Any member desiring to introduce
a bill, joint resolution or joint memorial shall file the same with the
secretary of the senate by noon of the day before the convening of the
session at which said bill, joint resolution or joint memorial is to be
introduced.
((After the expiration of deadlines for bill introductions provided
for by resolution, no bill shall be introduced, except as the
legislature shall direct)) To be considered during a regular session,
a bill must be introduced at least ten days before final adjournment of
the legislature, unless the legislature directs otherwise by a vote of
two-thirds of all the members elected to each house, said vote to be
taken by yeas and nays and entered upon the journal((, or unless the
same be at a special session)). The time limitation for introduction
of bills shall not apply to substitute bills reported by standing
committees for bills pending before such committees and general
appropriation and revenue bills. (See also Art. 2, Sec. 36, State
Constitution.)"