Full Text of SR0631 97th General Assembly
SR0631 97TH GENERAL ASSEMBLY |
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| 1 | | SENATE RESOLUTION
| 2 | | RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL | 3 | | ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the Senate | 4 | | of the 97th General Assembly are amended by changing Rules 2-5, | 5 | | 3-9, 3-11, 3-12, 4-3, and 10-2 as follows:
| 6 | | (Senate Rule 2-5)
| 7 | | 2-5. Powers and Duties of the President.
| 8 | | (a) The President shall have
those powers conferred upon | 9 | | him or her by the Constitution, the laws of
Illinois, and any | 10 | | motions or resolutions adopted by the Senate or jointly by
the | 11 | | Senate and House.
| 12 | | (b) Except as provided by law with respect to the Senate | 13 | | Operations
Commission, the President is the chief | 14 | | administrative officer of the
Senate and shall have those | 15 | | powers necessary to carry out that function. The
President may | 16 | | delegate his or her administrative duties as he or she deems
| 17 | | appropriate.
| 18 | | (c) The powers and duties of the President shall include, | 19 | | but are not
limited to, the following:
| 20 | | (1) To preside at all sessions of the Senate, although |
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| 1 | | the President may
call
on any member to preside | 2 | | temporarily.
| 3 | | (2) To open the session at the time at which the Senate | 4 | | is to meet by
taking
the podium and calling the members to | 5 | | order. The President may call on any
member, or the | 6 | | Secretary in case of perfunctory session, to open the | 7 | | session.
| 8 | | (3) To announce the business before the Senate in the | 9 | | order in which it is
to be acted upon.
| 10 | | (4) To recognize those members entitled to the floor.
| 11 | | (5) To state and put to vote all questions that are | 12 | | regularly moved or
that necessarily arise in the course of | 13 | | the proceedings, and to announce the
result of the vote.
| 14 | | (6) To preserve order and decorum.
| 15 | | (7) To decide all points of order, subject to appeal, | 16 | | and to speak thereon
in
preference to other members.
| 17 | | (8) To inform the Senate when necessary, or when any | 18 | | question is raised,
on any point of order or practice | 19 | | pertinent to the pending business.
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| 1 | | (9) To sign or authenticate all acts, proceedings, or | 2 | | orders of the
Senate. All writs, warrants, and subpoenas | 3 | | issued by order of the Senate or one of its committees | 4 | | shall
be signed by the President and attested by the | 5 | | Secretary.
| 6 | | (10) To sign all bills passed by both chambers of the | 7 | | General Assembly
in order to certify that the procedural | 8 | | requirements for passage have been met.
| 9 | | (11) To have general supervision, including the duty to | 10 | | protect the security
and safety, of the Senate chamber, | 11 | | galleries, and adjoining and connecting
hallways and | 12 | | passages, including the power to clear them when necessary.
| 13 | | (12) To have general supervision of the Secretary and | 14 | | his or her assistants,
the Sergeant-at-Arms and his or her | 15 | | assistants, the majority caucus staff, and
all employees of | 16 | | the Senate except the minority caucus staff.
| 17 | | (13) To determine the number of majority caucus members | 18 | | and minority caucus members to be appointed to all | 19 | | committees, except the Committee on Assignments created by | 20 | | Rule 3-5.
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| 1 | | (14) To appoint or replace all majority caucus members | 2 | | of committees and to designate
all Chairpersons, | 3 | | Co-Chairpersons, and Vice-Chairpersons of committees, | 4 | | except as the Senate
otherwise orders in accordance with | 5 | | these Senate Rules.
| 6 | | (15) To enforce all constitutional provisions, | 7 | | statutes, rules, and
regulations applicable to the Senate.
| 8 | | (16) To guide and direct the proceedings of the Senate | 9 | | subject to the
control
and will of the members as provided | 10 | | in these Senate Rules.
| 11 | | (17) To direct the Secretary during regular session, | 12 | | veto session, special session, or perfunctory session to | 13 | | read into the Senate record legislative measures and other | 14 | | papers.
| 15 | | (18) To direct the Secretary to correct | 16 | | non-substantive errors in the
Journal.
| 17 | | (19) To assign meeting places and meeting times to | 18 | | committees.
| 19 | | (20) To decide, subject to the control and will of the | 20 | | members in accordance
with these Senate Rules, all |
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| 1 | | questions relating to the priority of business.
| 2 | | (21) To appoint a parliamentarian to serve at the | 3 | | pleasure of the President.
| 4 | | (22) To promulgate forms for nominees subject to the | 5 | | advice and consent of the Senate.
| 6 | | (d) The President, at his or her discretion, may designate | 7 | | from among those
members serving in the statutorily created | 8 | | positions of assistant majority
leader, no more than one member | 9 | | to serve as the Senate Majority Leader. The
Senate Majority | 10 | | Leader shall serve at the pleasure of the President and shall
| 11 | | receive no additional compensation other than that provided | 12 | | statutorily for the
position of assistant majority leader.
| 13 | | (e) This Rule may be suspended by a vote of three-fifths of | 14 | | the members
elected.
| 15 | | (Source: S.R. 2, 97th G.A.)
| 16 | | (Senate Rule 3-9)
| 17 | | 3-9. Re-Referrals to the Committee on Assignments.
| 18 | | (a) All legislative
measures, with the exception of | 19 | | resolutions to amend the State Constitution,
that have
failed | 20 | | to meet the applicable deadline established in accordance with | 21 | | Rule 2-10
for reporting to the Senate by a standing committee |
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| 1 | | shall automatically be
re-referred to the Committee on | 2 | | Assignments unless: (i) the deadline has been
suspended
| 3 | | pursuant to Rule 7-17, with re-referral to the Committee on | 4 | | Assignments to occur if the
bill has not been reported to the | 5 | | Senate in accordance with the revised
deadline; or (ii) the | 6 | | Committee on Assignments has issued a written exception to the
| 7 | | Secretary with respect to a particular bill prior to the | 8 | | reporting deadline,
with re-referral to occur, if at all, in | 9 | | accordance with the written
exception. Should the President in | 10 | | accordance with Rule 2-10 establish
deadlines for action on | 11 | | joint action motions or conference
committee reports, the | 12 | | foregoing re-referral
provisions and exceptions shall apply | 13 | | with respect to those legislative
measures
that fail to meet | 14 | | those deadlines.
| 15 | | (b) All legislative measures, with the exception of | 16 | | resolutions to amend the
State Constitution and Appointment | 17 | | Messages , pending before the Senate or any of its committees | 18 | | shall
automatically be re-referred to the Committee on | 19 | | Assignments on the 31st consecutive day
that the Senate has not | 20 | | convened for session unless: (i) this Rule has been
suspended | 21 | | in accordance with Rule 7-17; or (ii) the Committee on | 22 | | Assignments has issued
a written exception to the Secretary | 23 | | prior to that 31st day.
| 24 | | (Source: S.R. 2, 97th G.A.)
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| 1 | | (Senate Rule 3-11)
| 2 | | 3-11. Committee Procedure.
| 3 | | (a) A committee may consider any
legislative measure | 4 | | referred to it and may make with respect to that
legislative | 5 | | measure one of the following reports to the Senate or to the | 6 | | parent
committee, as appropriate:
| 7 | | (1) that the bill "do pass";
| 8 | | (2) that the bill "do not pass";
| 9 | | (3) that the bill "do pass as amended";
| 10 | | (4) that the bill "do not pass as amended";
| 11 | | (5) that the resolution "be adopted";
| 12 | | (6) that the resolution "be not adopted";
| 13 | | (7) that the resolution "be adopted as amended";
| 14 | | (8) that the resolution "be not adopted as amended";
| 15 | | (9) that the floor amendment, joint action motion, or | 16 | | conference committee
report "recommend do adopt";
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| 1 | | (10) that the floor amendment, joint action motion, or | 2 | | conference committee
report "recommend do not adopt";
| 3 | | (11) "without recommendation"; or
| 4 | | (12) that the legislative measure "be re-referred to | 5 | | the Committee on Assignments" ; . | 6 | | (13) that the Appointment Message be reported "do | 7 | | recommend advise and consent"; or | 8 | | (14) that the Appointment Message be reported "do not | 9 | | recommend advise and consent".
| 10 | | Any of the foregoing reports may only be made upon the | 11 | | concurrence of a
majority of those appointed. All legislative | 12 | | measures reported "do pass", "do
pass as amended", "be | 13 | | adopted", "be adopted as amended", or "be approved for
| 14 | | consideration" shall be deemed favorably reported to the | 15 | | Senate. All Appointment Messages reported "do recommend advise | 16 | | and consent", "do not recommend advise and consent", or | 17 | | "without recommendation" shall be deemed reported to the | 18 | | Senate. Except as
otherwise provided by these Senate Rules, any | 19 | | legislative measure referred to a
committee and not reported | 20 | | pursuant to this Rule shall remain in that
committee. Pursuant | 21 | | to Rules 3-11(g) and 7-10, a committee may report a
legislative |
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| 1 | | measure as tabled.
| 2 | | (b) No bill that provides for an appropriation or | 3 | | expenditure of money from
the State Treasury may be considered | 4 | | for passage by the Senate unless it has
first been reported to | 5 | | the Senate by an Appropriations Committee, unless:
| 6 | | (1) the bill was discharged from an Appropriations | 7 | | Committee in accordance
with Rule 7-9;
| 8 | | (2) the bill was exempted from this requirement by a | 9 | | majority of those
appointed to the Committee on | 10 | | Assignments; or
| 11 | | (3) this Rule was suspended in accordance with Rule | 12 | | 7-17.
| 13 | | (c) The Chairperson of each committee shall keep, or cause | 14 | | to be kept, a
record in which there shall be entered:
| 15 | | (1) The time and place of each meeting of the | 16 | | committee.
| 17 | | (2) The attendance of committee members at each | 18 | | meeting.
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| 1 | | (3) The votes cast by the committee members on all | 2 | | legislative measures
acted
upon by the committee.
| 3 | | (4) All witness slips that may have been presented to | 4 | | the committee.
| 5 | | (5) Such additional information as may be requested by | 6 | | the Secretary.
| 7 | | (d) The committee Chairperson shall file with the | 8 | | Secretary, along with
every
bill or resolution reported upon, a | 9 | | sheet containing such information as is
required by the | 10 | | Secretary. The Secretary may adopt forms, policies, and
| 11 | | procedures with respect to the preparation, filing, and | 12 | | maintenance of these
reports.
| 13 | | (e) Except as provided in Rule 3-5 or 3-8 or unless this | 14 | | Rule is suspended
pursuant
to Rule 7-17, no committee may | 15 | | consider or conduct a hearing with respect to a
legislative | 16 | | measure absent notice first being given as follows:
| 17 | | (1) The Chairperson of the committee shall, no later | 18 | | than six days before
any proposed hearing, post a notice on | 19 | | the Senate bulletin board, or electronically make the | 20 | | notice available, identifying
each legislative measure | 21 | | that may be considered during that hearing. The
notice |
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| 1 | | shall contain the day, hour, and place of the hearing.
| 2 | | (2) Meetings of the Committee on Assignments may be | 3 | | called pursuant to Rule 3-5;
meetings of committees to | 4 | | consider floor amendments, joint action
motions, and | 5 | | conference committee reports may be called pursuant to Rule | 6 | | 3-8.
| 7 | | (3) The Chairperson shall, in advance of a committee | 8 | | hearing, notify all
principal sponsors of legislative | 9 | | measures posted for hearing of the date,
time, and place of | 10 | | hearing. When practicable, the Secretary shall include a
| 11 | | notice of all scheduled hearings, together with all posted | 12 | | bills and
resolutions, in the Daily Calendar of the Senate.
| 13 | | Irrespective of whether a legislative measure has been posted | 14 | | for
hearing, it shall be in order for a committee during any of | 15 | | its meetings to
refer that legislative measure pending before | 16 | | it to a subcommittee of that
committee.
| 17 | | (f) Other than the Committee on Assignments, no committee | 18 | | may meet during any session
of the Senate, and no
commission
| 19 | | created by Illinois law that has legislative membership may | 20 | | meet during any
session of the Senate.
| 21 | | (g) Regardless of whether notice has been previously given, |
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| 1 | | it is
always in order for a committee to order any legislative | 2 | | measure pending
before it to lie on the table when the | 3 | | principal sponsor so requests. When
reported to the Senate, | 4 | | such committee action shall stand as the action of the
Senate.
| 5 | | (h) When a committee fails to report a legislative measure | 6 | | pending before
it
to the Senate, or when a committee fails to | 7 | | hold a public hearing on a
legislative measure pending before | 8 | | it, the exclusive means of bringing
that
legislative measure | 9 | | directly before the Senate for its consideration is
pursuant to | 10 | | Rule
7-9.
| 11 | | (i) No legislative measure may be called for a vote in | 12 | | committee in the
absence of the principal sponsor, except that, | 13 | | with the approval of the principal sponsor and the consent of | 14 | | the committee, a legislative measure may be called for a vote | 15 | | in committee by a chief cosponsor of the legislative measure or | 16 | | by a member of the same caucus as the principal sponsor who is | 17 | | either the Committee Chairperson, Committee Co-Chairperson, | 18 | | Committee Vice-Chairperson, or Minority Spokesperson.
| 19 | | (j) A committee may conduct a legislative investigation | 20 | | with regard to legislative measures pending before the | 21 | | committee.
| 22 | | (Source: S.R. 2, 97th G.A.)
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| 1 | | (Senate Rule 3-12)
| 2 | | 3-12. Committee Reports.
| 3 | | (a) All bills favorably reported to the
Senate
from a | 4 | | committee, or with respect to which a committee has been | 5 | | discharged,
shall stand on the order of Second Reading unless | 6 | | otherwise ordered by the
Senate, and may be amended only on | 7 | | Second Reading. Bills reported to the
Senate from committee "do | 8 | | not pass", "do not pass as amended", or "without | 9 | | recommendation"
shall lie on
the table.
| 10 | | (b) All floor amendments, joint action motions, and | 11 | | conference committee
reports favorably reported to the Senate | 12 | | from a committee shall be before the
Senate and eligible for | 13 | | consideration by the Senate when it is on an
appropriate order | 14 | | of business (floor amendments may be considered
by the Senate | 15 | | only when the bill to be amended is on Second
Reading). All | 16 | | floor
amendments, joint action motions, and conference | 17 | | committee reports that are
reported to the Senate from | 18 | | committee "recommend do not adopt" or "without recommendation" | 19 | | shall lie on the table.
| 20 | | (c) All resolutions favorably reported to the Senate from a | 21 | | committee, or
with respect to which a committee has been | 22 | | discharged, shall stand on the order
of Resolutions. All | 23 | | resolutions that are reported to the Senate from committee
"be | 24 | | not adopted", "be not adopted as amended", or "without |
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| 1 | | recommendation"
shall
lie on the table. Floor amendments to | 2 | | resolutions shall be subject to the same
procedure applicable | 3 | | to floor amendments to bills.
| 4 | | (d) All Appointment Messages reported to the Senate from a | 5 | | committee, or with respect to which a committee has been | 6 | | discharged, shall stand on the order of Executive Appointments. | 7 | | (Source: S.R. 2, 97th G.A.)
| 8 | | (Senate Rule 4-3)
| 9 | | 4-3. Entitled to Floor.
| 10 | | (a) Except as otherwise provided in these Senate Rules, | 11 | | only
the following persons shall be admitted to the Senate | 12 | | while it is in session:
members and officers of the General | 13 | | Assembly; elected officers of the executive
branch; justices of | 14 | | the Supreme Court; the designated aides aide to the Governor; | 15 | | the
parliamentarian; majority staff members and minority staff | 16 | | members, except as
limited by the Presiding Officer; former | 17 | | Presidents of
the Senate, except as limited by the President or | 18 | | prohibited under subsection
(d); former members who served in | 19 | | the Senate at any time during the past four
years, except as | 20 | | limited by the President or prohibited under subsection (d);
| 21 | | and employees of the Legislative Reference Bureau and the | 22 | | Legislative Information System, except as limited by the
| 23 | | President. Representatives of the press, while the Senate is in | 24 | | session, may
have access to the galleries and places allotted |
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| 1 | | to them by the President. No
person is entitled to the floor | 2 | | unless appropriately attired.
| 3 | | (b) On days during which the Senate is in session, the
| 4 | | Sergeant-at-Arms
shall clear the floor of all persons not | 5 | | entitled to access the floor a quarter
hour before the | 6 | | convening time, and he or she shall enforce all
other | 7 | | provisions of this Rule.
| 8 | | (c) The Senate may authorize, by motion adopted by majority | 9 | | vote, the
admission to the floor of any
other person, except as | 10 | | prohibited under subsection (d).
| 11 | | (d) No person who is directly or indirectly interested in | 12 | | defeating or
promoting any pending legislative measure, if | 13 | | required to be registered as a
lobbyist, is allowed access to | 14 | | the floor of the Senate at any time during
the session.
| 15 | | (e) When he or she deems it necessary for the preservation | 16 | | of order, the
Presiding Officer may by order remove any person | 17 | | from the floor of the Senate.
A Senator may be removed from the | 18 | | floor only pursuant to Rule 11-1.
| 19 | | (Source: S.R. 2, 97th G.A.) | 20 | | (Senate Rule 10-2) | 21 | | 10-2. Appointment Messages. |
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| 1 | | (a) Every nomination subject to the advice and consent of | 2 | | the Senate
shall be submitted to the Senate by an Appointment | 3 | | Message from
the appointing officer or appointing authority in | 4 | | accordance
with this Rule, using the Appointment Message form | 5 | | provided
in this Rule, containing all of the required | 6 | | information, and
accompanied by a cover letter signed by the | 7 | | appointing officer
or on behalf of the appointing authority. | 8 | | (b) All Appointment Messages shall be drafted by the
| 9 | | Legislative Reference Bureau, according to the form provided
in | 10 | | this Rule. | 11 | | (c) Appointment Messages submitted shall be assigned a
| 12 | | sequential number by the Secretary of the Senate, indicating
| 13 | | the order in which they were received and read into the Senate
| 14 | | record by the Secretary of the Senate at the direction of the
| 15 | | Senate President. An Appointment Message is received by the
| 16 | | Senate when it is read into the Senate record and assigned a
| 17 | | sequential number. A perfunctory session day shall not be | 18 | | deemed to be a session day for the purpose of Article V, | 19 | | Section 9, subsection (a) of the Illinois Constitution. | 20 | | (d) An Appointment Message that does not conform to the
| 21 | | requirements of this Rule shall, at the direction of the Senate
| 22 | | President, (i) be ruled non-compliant and of no legal effect | 23 | | and (ii) returned by the Secretary of the Senate to the
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| 1 | | appointing officer or authority that filed it. | 2 | | (e) The appointing officer or authority may file in
| 3 | | accordance with this Rule an Appointment Message that
| 4 | | supersedes a previously filed Appointment Message. A
| 5 | | superseding Appointment Message shall identify by sequential | 6 | | number the
Appointment Message that it supersedes. The filing | 7 | | of a
superseding Appointment Message shall automatically table | 8 | | the
Appointment Message that it supersedes, and that superseded | 9 | | Appointment Message shall
have no further legal effect. | 10 | | (f) Nothing in this Rule shall be construed to prohibit an | 11 | | appointing officer or authority from withdrawing in writing an | 12 | | Appointment Message that was previously submitted to or | 13 | | received by the Senate. An Appointment Message that has been | 14 | | withdrawn shall have no further legal effect. | 15 | | (g) An Appointment Message (i) shall be a | 16 | | committee-sponsored
legislative measure that is unamendable | 17 | | and (ii) shall be
controlled by the Chairperson of the | 18 | | Executive Appointments
Committee, who for purposes of these | 19 | | Senate Rules shall be
deemed the principal sponsor. In the | 20 | | absence of the
Chairperson, the Vice-Chairperson of the | 21 | | Executive
Appointments Committee shall be deemed the principal | 22 | | sponsor.
Messages may not have individual cosponsors. |
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| 1 | | (h) Any Appointment Message pending when the Senate
| 2 | | adjourns sine die (i) shall carry over into the next General | 3 | | Assembly and (ii) shall be considered to have been received by | 4 | | the Senate when originally read into the Senate record as | 5 | | provided for in subsection (c) of this Rule. An Appointment | 6 | | Message carrying over into the next General Assembly shall | 7 | | retain the sequential number assigned when originally read into | 8 | | the Senate record as provided for in subsection (c) of this | 9 | | Rule. | 10 | | (i) Notwithstanding the requirements contained in this | 11 | | Rule, any Appointment Message submitted to the 96th General | 12 | | Assembly and not acted upon by the 96th General Assembly is | 13 | | deemed to be carried over to the 97th General Assembly. The | 14 | | Senate may take action on any Appointment Message carried over | 15 | | from the Senate of the 96th General Assembly. Nothing in this | 16 | | Rule shall be construed to prohibit an appointing officer or | 17 | | authority from withdrawing in writing an Appointment Message | 18 | | that was previously submitted to or received by the Senate of | 19 | | the 96th General Assembly and carried over into the Senate of | 20 | | the 97th General Assembly. An Appointment Message carried over | 21 | | from the Senate of the 96th General Assembly that has been | 22 | | withdrawn in the Senate of the 97th General Assembly shall have | 23 | | no further legal effect. | 24 | | (j) Form. |
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| 1 | | APPOINTMENT MESSAGE | 2 | | To the Honorable Members of the Senate, Ninety-Seventh General | 3 | | Assembly: | 4 | | (I, (Name and Title of Appointing Officer), am)/(The (Name of | 5 | | the Appointing Authority) is) nominating and, by and with the | 6 | | advice and consent of the Senate, appointing the following | 7 | | named individual to the office enumerated below. The advice and | 8 | | consent of this Honorable Body is respectfully requested. | 9 | | Title of Office: (Insert Title) | 10 | | Agency or Other Body: (Name of Agency, Board, Commission, or | 11 | | other Body to Which Nomination is Being Made) | 12 | | Start Date: (Insert Start Date) | 13 | | End Date: (Insert End Date or Specify "Not Applicable") | 14 | | Name: (Name of Nominee) | 15 | | Residence: (Residential Address of Nominee) |
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| 1 | | Annual Compensation: (Insert Dollar Amount or Specify | 2 | | "Unsalaried") | 3 | | Per diem: (Insert Dollar Amount or Specify "Not Applicable") | 4 | | Nominee's Senator: Senator (Name of Senator in whose District | 5 | | the Nominee Resides)
| 6 | | Most Recent Holder of Office: (Insert Name or Specify "New | 7 | | Position") | 8 | | Superseded Appointment Message: (Insert Sequence Number of | 9 | | Superseded Message or Specify "Not Applicable") | 10 | | (Source: S.R. 2, 97th G.A.; S.R. 25, 97th G.A.)
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