SR0631 97TH GENERAL ASSEMBLY

SR0631 LRB097 20620 JDS 66396 r

SENATE RESOLUTION

RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the Senate of the 97th General Assembly are amended by changing Rules 2-5, 3-9, 3-11, 3-12, 4-3, and 10-2 as follows:

(Senate Rule 2-5)

2-5. Powers and Duties of the President.

(a) The President shall have those powers conferred upon him or her by the Constitution, the laws of Illinois, and any motions or resolutions adopted by the Senate or jointly by the Senate and House.

(b) Except as provided by law with respect to the Senate Operations Commission, the President is the chief administrative officer of the Senate and shall have those powers necessary to carry out that function. The President may delegate his or her administrative duties as he or she deems appropriate.

(c) The powers and duties of the President shall include, but are not limited to, the following:

(1) To preside at all sessions of the Senate, although the President may call on any member to preside temporarily.

(2) To open the session at the time at which the Senate is to meet by taking the podium and calling the members to order. The President may call on any member, or the Secretary in case of perfunctory session, to open the session.

(3) To announce the business before the Senate in the order in which it is to be acted upon.

(4) To recognize those members entitled to the floor.

(5) To state and put to vote all questions that are regularly moved or that necessarily arise in the course of the proceedings, and to announce the result of the vote.

(6) To preserve order and decorum.

(7) To decide all points of order, subject to appeal, and to speak thereon in preference to other members.

(8) To inform the Senate when necessary, or when any question is raised, on any point of order or practice pertinent to the pending business.

(9) To sign or authenticate all acts, proceedings, or orders of the Senate. All writs, warrants, and subpoenas issued by order of the Senate or one of its committees shall be signed by the President and attested by the Secretary.

(10) To sign all bills passed by both chambers of the General Assembly in order to certify that the procedural requirements for passage have been met.

(11) To have general supervision, including the duty to protect the security and safety, of the Senate chamber, galleries, and adjoining and connecting hallways and passages, including the power to clear them when necessary.

(12) To have general supervision of the Secretary and his or her assistants, the Sergeant-at-Arms and his or her assistants, the majority caucus staff, and all employees of the Senate except the minority caucus staff.

(13) To determine the number of majority caucus members and minority caucus members to be appointed to all committees, except the Committee on Assignments created by Rule 3-5.

(14) To appoint or replace all majority caucus members of committees and to designate all Chairpersons, Co-Chairpersons, and Vice-Chairpersons of committees, except as the Senate otherwise orders in accordance with these Senate Rules.

(15) To enforce all constitutional provisions, statutes, rules, and regulations applicable to the Senate.

(16) To guide and direct the proceedings of the Senate subject to the control and will of the members as provided in these Senate Rules.

(17) To direct the Secretary during regular session, veto session, special session, or perfunctory session to read into the Senate record legislative measures and other papers.

(18) To direct the Secretary to correct non-substantive errors in the Journal.

(19) To assign meeting places and meeting times to committees.

(20) To decide, subject to the control and will of the members in accordance with these Senate Rules, all questions relating to the priority of business.

(21) To appoint a parliamentarian to serve at the pleasure of the President.

(22) To promulgate forms for nominees subject to the advice and consent of the Senate.

(d) The President, at his or her discretion, may designate from among those members serving in the statutorily created positions of assistant majority leader, no more than one member to serve as the Senate Majority Leader. The Senate Majority Leader shall serve at the pleasure of the President and shall receive no additional compensation other than that provided statutorily for the position of assistant majority leader.

(e) This Rule may be suspended by a vote of three-fifths of the members elected.

(Source: S.R. 2, 97th G.A.)

(Senate Rule 3-9)

3-9. Re-Referrals to the Committee on Assignments.

(a) All legislative measures, with the exception of resolutions to amend the State Constitution, that have failed to meet the applicable deadline established in accordance with Rule 2-10 for reporting to the Senate by a standing committee shall automatically be re-referred to the Committee on Assignments unless: (i) the deadline has been suspended pursuant to Rule 7-17, with re-referral to the Committee on Assignments to occur if the bill has not been reported to the Senate in accordance with the revised deadline; or (ii) the Committee on Assignments has issued a written exception to the Secretary with respect to a particular bill prior to the reporting deadline, with re-referral to occur, if at all, in accordance with the written exception. Should the President in accordance with Rule 2-10 establish deadlines for action on joint action motions or conference committee reports, the foregoing re-referral provisions and exceptions shall apply with respect to those legislative measures that fail to meet those deadlines.

(b) All legislative measures, with the exception of resolutions to amend the State Constitution and Appointment Messages, pending before the Senate or any of its committees shall automatically be re-referred to the Committee on Assignments on the 31st consecutive day that the Senate has not convened for session unless: (i) this Rule has been suspended in accordance with Rule 7-17; or (ii) the Committee on Assignments has issued a written exception to the Secretary prior to that 31st day.

(Source: S.R. 2, 97th G.A.)

(Senate Rule 3-11)

3-11. Committee Procedure.

(a) A committee may consider any legislative measure referred to it and may make with respect to that legislative measure one of the following reports to the Senate or to the parent committee, as appropriate:

(1) that the bill "do pass";

(2) that the bill "do not pass";

(3) that the bill "do pass as amended";

(4) that the bill "do not pass as amended";

(5) that the resolution "be adopted";

(6) that the resolution "be not adopted";

(7) that the resolution "be adopted as amended";

(8) that the resolution "be not adopted as amended";

(9) that the floor amendment, joint action motion, or conference committee report "recommend do adopt";

(10) that the floor amendment, joint action motion, or conference committee report "recommend do not adopt";

(11) "without recommendation"; or

(12) that the legislative measure "be re-referred to the Committee on Assignments"; .

(13) that the Appointment Message be reported "do recommend advise and consent"; or

(14) that the Appointment Message be reported "do not recommend advise and consent".

Any of the foregoing reports may only be made upon the concurrence of a majority of those appointed. All legislative measures reported "do pass", "do pass as amended", "be adopted", "be adopted as amended", or "be approved for consideration" shall be deemed favorably reported to the Senate. All Appointment Messages reported "do recommend advise and consent", "do not recommend advise and consent", or "without recommendation" shall be deemed reported to the Senate. Except as otherwise provided by these Senate Rules, any legislative measure referred to a committee and not reported pursuant to this Rule shall remain in that committee. Pursuant to Rules 3-11(g) and 7-10, a committee may report a legislative measure as tabled.

(b) No bill that provides for an appropriation or expenditure of money from the State Treasury may be considered for passage by the Senate unless it has first been reported to the Senate by an Appropriations Committee, unless:

(1) the bill was discharged from an Appropriations Committee in accordance with Rule 7-9;

(2) the bill was exempted from this requirement by a majority of those appointed to the Committee on Assignments; or

(3) this Rule was suspended in accordance with Rule 7-17.

(c) The Chairperson of each committee shall keep, or cause to be kept, a record in which there shall be entered:

(1) The time and place of each meeting of the committee.

(2) The attendance of committee members at each meeting.

(3) The votes cast by the committee members on all legislative measures acted upon by the committee.

(4) All witness slips that may have been presented to the committee.

(5) Such additional information as may be requested by the Secretary.

(d) The committee Chairperson shall file with the Secretary, along with every bill or resolution reported upon, a sheet containing such information as is required by the Secretary. The Secretary may adopt forms, policies, and procedures with respect to the preparation, filing, and maintenance of these reports.

(e) Except as provided in Rule 3-5 or 3-8 or unless this Rule is suspended pursuant to Rule 7-17, no committee may consider or conduct a hearing with respect to a legislative measure absent notice first being given as follows:

(1) The Chairperson of the committee shall, no later than six days before any proposed hearing, post a notice on the Senate bulletin board, or electronically make the notice available, identifying each legislative measure that may be considered during that hearing. The notice shall contain the day, hour, and place of the hearing.

(2) Meetings of the Committee on Assignments may be called pursuant to Rule 3-5; meetings of committees to consider floor amendments, joint action motions, and conference committee reports may be called pursuant to Rule 3-8.

(3) The Chairperson shall, in advance of a committee hearing, notify all principal sponsors of legislative measures posted for hearing of the date, time, and place of hearing. When practicable, the Secretary shall include a notice of all scheduled hearings, together with all posted bills and resolutions, in the Daily Calendar of the Senate.

Irrespective of whether a legislative measure has been posted for hearing, it shall be in order for a committee during any of its meetings to refer that legislative measure pending before it to a subcommittee of that committee.

(f) Other than the Committee on Assignments, no committee may meet during any session of the Senate, and no commission created by Illinois law that has legislative membership may meet during any session of the Senate.

(g) Regardless of whether notice has been previously given, it is always in order for a committee to order any legislative measure pending before it to lie on the table when the principal sponsor so requests. When reported to the Senate, such committee action shall stand as the action of the Senate.

(h) When a committee fails to report a legislative measure pending before it to the Senate, or when a committee fails to hold a public hearing on a legislative measure pending before it, the exclusive means of bringing that legislative measure directly before the Senate for its consideration is pursuant to Rule 7-9.

(i) No legislative measure may be called for a vote in committee in the absence of the principal sponsor, except that, with the approval of the principal sponsor and the consent of the committee, a legislative measure may be called for a vote in committee by a chief cosponsor of the legislative measure or by a member of the same caucus as the principal sponsor who is either the Committee Chairperson, Committee Co-Chairperson, Committee Vice-Chairperson, or Minority Spokesperson.

(j) A committee may conduct a legislative investigation with regard to legislative measures pending before the committee.

(Source: S.R. 2, 97th G.A.)

(Senate Rule 3-12)

3-12. Committee Reports.

(a) All bills favorably reported to the Senate from a committee, or with respect to which a committee has been discharged, shall stand on the order of Second Reading unless otherwise ordered by the Senate, and may be amended only on Second Reading. Bills reported to the Senate from committee "do not pass", "do not pass as amended", or "without recommendation" shall lie on the table.

(b) All floor amendments, joint action motions, and conference committee reports favorably reported to the Senate from a committee shall be before the Senate and eligible for consideration by the Senate when it is on an appropriate order of business (floor amendments may be considered by the Senate only when the bill to be amended is on Second Reading). All floor amendments, joint action motions, and conference committee reports that are reported to the Senate from committee "recommend do not adopt" or "without recommendation" shall lie on the table.

(c) All resolutions favorably reported to the Senate from a committee, or with respect to which a committee has been discharged, shall stand on the order of Resolutions. All resolutions that are reported to the Senate from committee "be not adopted", "be not adopted as amended", or "without recommendation" shall lie on the table. Floor amendments to resolutions shall be subject to the same procedure applicable to floor amendments to bills.

(d) All Appointment Messages reported to the Senate from a committee, or with respect to which a committee has been discharged, shall stand on the order of Executive Appointments.

(Source: S.R. 2, 97th G.A.)

(Senate Rule 4-3)

4-3. Entitled to Floor.

(a) Except as otherwise provided in these Senate Rules, only the following persons shall be admitted to the Senate while it is in session: members and officers of the General Assembly; elected officers of the executive branch; justices of the Supreme Court; the designated aides aide to the Governor; the parliamentarian; majority staff members and minority staff members, except as limited by the Presiding Officer; former Presidents of the Senate, except as limited by the President or prohibited under subsection (d); former members who served in the Senate at any time during the past four years, except as limited by the President or prohibited under subsection (d); and employees of the Legislative Reference Bureau and the Legislative Information System, except as limited by the President. Representatives of the press, while the Senate is in session, may have access to the galleries and places allotted to them by the President. No person is entitled to the floor unless appropriately attired.

(b) On days during which the Senate is in session, the Sergeant-at-Arms shall clear the floor of all persons not entitled to access the floor a quarter hour before the convening time, and he or she shall enforce all other provisions of this Rule.

(c) The Senate may authorize, by motion adopted by majority vote, the admission to the floor of any other person, except as prohibited under subsection (d).

(d) No person who is directly or indirectly interested in defeating or promoting any pending legislative measure, if required to be registered as a lobbyist, is allowed access to the floor of the Senate at any time during the session.

(e) When he or she deems it necessary for the preservation of order, the Presiding Officer may by order remove any person from the floor of the Senate. A Senator may be removed from the floor only pursuant to Rule 11-1.

(Source: S.R. 2, 97th G.A.)

(Senate Rule 10-2)

10-2. Appointment Messages.

(a) Every nomination subject to the advice and consent of the Senate shall be submitted to the Senate by an Appointment Message from the appointing officer or appointing authority in accordance with this Rule, using the Appointment Message form provided in this Rule, containing all of the required information, and accompanied by a cover letter signed by the appointing officer or on behalf of the appointing authority.

(b) All Appointment Messages shall be drafted by the Legislative Reference Bureau, according to the form provided in this Rule.

(c) Appointment Messages submitted shall be assigned a sequential number by the Secretary of the Senate, indicating the order in which they were received and read into the Senate record by the Secretary of the Senate at the direction of the Senate President. An Appointment Message is received by the Senate when it is read into the Senate record and assigned a sequential number. A perfunctory session day shall not be deemed to be a session day for the purpose of Article V, Section 9, subsection (a) of the Illinois Constitution.

(d) An Appointment Message that does not conform to the requirements of this Rule shall, at the direction of the Senate President, (i) be ruled non-compliant and of no legal effect and (ii) returned by the Secretary of the Senate to the appointing officer or authority that filed it.

(e) The appointing officer or authority may file in accordance with this Rule an Appointment Message that supersedes a previously filed Appointment Message. A superseding Appointment Message shall identify by sequential number the Appointment Message that it supersedes. The filing of a superseding Appointment Message shall automatically table the Appointment Message that it supersedes, and that superseded Appointment Message shall have no further legal effect.

(f) Nothing in this Rule shall be construed to prohibit an appointing officer or authority from withdrawing in writing an Appointment Message that was previously submitted to or received by the Senate. An Appointment Message that has been withdrawn shall have no further legal effect.

(g) An Appointment Message (i) shall be a committee-sponsored legislative measure that is unamendable and (ii) shall be controlled by the Chairperson of the Executive Appointments Committee, who for purposes of these Senate Rules shall be deemed the principal sponsor. In the absence of the Chairperson, the Vice-Chairperson of the Executive Appointments Committee shall be deemed the principal sponsor. Messages may not have individual cosponsors.

(h) Any Appointment Message pending when the Senate adjourns sine die (i) shall carry over into the next General Assembly and (ii) shall be considered to have been received by the Senate when originally read into the Senate record as provided for in subsection (c) of this Rule. An Appointment Message carrying over into the next General Assembly shall retain the sequential number assigned when originally read into the Senate record as provided for in subsection (c) of this Rule.

(i) Notwithstanding the requirements contained in this Rule, any Appointment Message submitted to the 96th General Assembly and not acted upon by the 96th General Assembly is deemed to be carried over to the 97th General Assembly. The Senate may take action on any Appointment Message carried over from the Senate of the 96th General Assembly. Nothing in this Rule shall be construed to prohibit an appointing officer or authority from withdrawing in writing an Appointment Message that was previously submitted to or received by the Senate of the 96th General Assembly and carried over into the Senate of the 97th General Assembly. An Appointment Message carried over from the Senate of the 96th General Assembly that has been withdrawn in the Senate of the 97th General Assembly shall have no further legal effect.

(j) Form.

APPOINTMENT MESSAGE

To the Honorable Members of the Senate, Ninety-Seventh General Assembly:

(I, (Name and Title of Appointing Officer), am)/(The (Name of the Appointing Authority) is) nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested.

Title of Office: (Insert Title)

Agency or Other Body: (Name of Agency, Board, Commission, or other Body to Which Nomination is Being Made)

Start Date: (Insert Start Date)

End Date: (Insert End Date or Specify "Not Applicable")

Name: (Name of Nominee)

Residence: (Residential Address of Nominee)

Annual Compensation: (Insert Dollar Amount or Specify "Unsalaried")

Per diem: (Insert Dollar Amount or Specify "Not Applicable")

Nominee's Senator: Senator (Name of Senator in whose District the Nominee Resides)

Most Recent Holder of Office: (Insert Name or Specify "New Position")

Superseded Appointment Message: (Insert Sequence Number of Superseded Message or Specify "Not Applicable")

(Source: S.R. 2, 97th G.A.; S.R. 25, 97th G.A.)