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90_SR0002
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1 SENATE RESOLUTION 2
2 BE IT RESOLVED BY THE SENATE OF THE 90TH GENERAL ASSEMBLY:
3 RULES OF THE SENATE OF THE STATE OF ILLINOIS
4 ARTICLE I
5 DEFINITIONS
6 As used in these Senate Rules, the following terms have
7 the meanings ascribed to them in this Article I, unless the
8 context clearly requires a different meaning:
9 1-1. Chairperson. "Chairperson" means that Senator
10 designated by the President to serve as chair of a committee.
11 1-2. Committee. "Committee" means a committee of the
12 Senate and includes a standing committee, a special
13 committee, and a special subcommittee of a committee.
14 "Committee" shall not mean a conference committee or the
15 Senate Special Committee on Election Contests, and the
16 procedural and notice requirements applicable to committees
17 shall not apply to conference committees or the Senate
18 Special Committee on Election Contests.
19 1-3. Constitution. "Constitution" means the
20 Constitution of the State of Illinois.
21 1-4. General Assembly. "General Assembly" means the
22 90th General Assembly of the State of Illinois.
23 1-5. House. "House" means the House of Representatives
24 of the General Assembly.
25 1-6. Joint Action Motions. "Joint action motions" shall
26 mean any or all of the following motions before the Senate:
27 to concur in a House amendment, to non-concur in a House
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1 amendment, to recede from a Senate amendment, to refuse to
2 recede from a Senate amendment, and to request that a
3 conference committee be appointed.
4 1-7. Legislative Digest. "Legislative Digest" means the
5 Legislative Synopsis and Digest that is prepared by the
6 Legislative Reference Bureau of the General Assembly.
7 1-8. Legislative Measures. "Legislative measures" means
8 all matters brought before the Senate for consideration,
9 whether originated in the Senate or House, and includes
10 bills, amendments, resolutions, conference committee reports,
11 motions and messages from the executive branch.
12 1-9. Majority. "Majority" means a simple majority of
13 those members present and voting on a question. Unless
14 otherwise specified with respect to a particular Senate Rule,
15 for purposes of determining the number of members present and
16 voting on a question, a "present" vote shall not be counted.
17 1-10. Majority Caucus. "Majority caucus" means that
18 group of Senators from the numerically strongest political
19 party in the Senate.
20 1-11. Majority of those Appointed. "Majority of those
21 appointed" means an absolute majority of the total number of
22 Senators appointed to a committee.
23 1-12. Majority of those Elected. "Majority of those
24 elected" means an absolute majority of the total number of
25 Senators entitled to be elected to the Senate, irrespective
26 of the number of elected or appointed Senators actually
27 serving in office. So long as 59 Senators are entitled to be
28 elected to the Senate, "majority of those elected" shall mean
29 30 affirmative votes.
30 1-13. Member. "Member" means a Senator. Where the
31 context so requires, "member" may also mean a Representative
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1 of the Illinois House of Representatives.
2 1-14. Members Appointed. "Members appointed" means the
3 total number of Senators appointed to a committee.
4 1-15. Members Elected. "Members elected" means the
5 total number of Senators entitled to be elected to the
6 Senate, irrespective of the number of elected or appointed
7 Senators actually serving in office. So long as 59 Senators
8 are entitled to be elected in the Senate, "members elected"
9 shall mean 59 Senators.
10 1-16. Minority Caucus. "Minority caucus" means that
11 group of Senators from other than the numerically strongest
12 political party in the Senate.
13 1-17. Minority Leader. "Minority Leader" means the
14 Minority Leader of the Senate.
15 1-18. Minority Spokesperson. "Minority spokesperson"
16 means that Senator designated by the Minority Leader to serve
17 as the minority spokesperson of a committee.
18 1-19. Perfunctory Session. "Perfunctory session" means
19 the convening of the Senate, pursuant to the scheduling of
20 the President, for purposes consistent with Rule 4-1(c), (d).
21 1-20. President. "President" means the President of the
22 Senate.
23 1-21. Presiding Officer. "Presiding Officer" means that
24 Senator serving as the presiding officer of the Senate,
25 whether such Senator be the President or another Senator
26 designated by the President, in his or her capacity as
27 presiding officer.
28 1-22. Principal Sponsor. "Principal sponsor" means the
29 first listed Senate sponsor of any legislative measure; with
30 respect to a committee-sponsored bill or resolution, it means
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1 the Chairperson of the committee.
2 1-23. Secretary. "Secretary" means the elected
3 Secretary of the Senate.
4 1-24. Senate. "Senate" means the Senate of the General
5 Assembly.
6 1-25. Senator. "Senator" means any of the duly elected
7 or duly appointed Illinois State Senators, and means the same
8 as "member".
9 1-26. Term. "Term" means the two-year term of a General
10 Assembly.
11 1-27. Vice-Chairperson. "Vice-Chairperson" means that
12 Senator designated by the President to serve as
13 vice-chairperson of a committee.
14 ARTICLE II
15 ORGANIZATION
16 2-1. Adoption of Rules. At the commencement of a term,
17 the Senate shall adopt new rules of organization and
18 procedure by resolution setting forth such rules in their
19 entirety. Such resolution must be adopted by a majority of
20 those elected. These Rules of the Senate of the 89th 90th
21 General Assembly shall be subject to revision or amendment
22 only in accordance with Rule 7-17.
23 2-2. Election of the President. (a) Prior to the
24 election of the President, the Governor shall convene the
25 Senate, designate a Temporary Secretary of the Senate, and
26 preside during the nomination and election of the President.
27 As the first item of business each day prior to the election
28 of the President, the Governor shall order the Temporary
29 Secretary to call the roll of the members to establish the
30 presence of a quorum as required by the Constitution. If a
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1 majority of those elected are not present, the Senate shall
2 stand adjourned until the hour of 12:00 noon on the next
3 calendar day, excepting weekends. If a quorum of members is
4 present, the Governor shall then call for nominations of
5 members for the Office of President. All such nominations
6 shall require a second. When the nominations are completed,
7 the Governor shall direct the Temporary Secretary to call the
8 roll of the members to elect the President.
9 (b) The election of the President shall require the
10 affirmative vote of a majority of those elected. Debate
11 shall not be in order following nominations and preceding or
12 during the vote, and Senators may not explain their vote on
13 the election of the President.
14 (c) No bills may be considered and no committees may be
15 appointed or meet prior to the election of the President.
16 (d) Whenever a vacancy in the Office of President shall
17 occur, the foregoing procedure shall be employed to elect a
18 new President; however, when the Governor shall be of a
19 political party other than that of the majority caucus, the
20 Assistant Majority Leader having the greatest seniority of
21 service in the Senate shall preside during the nomination and
22 election of the successor President. No legislative
23 measures, other than such nominations and election, may be
24 considered by the Senate during a vacancy in the Office of
25 President.
26 2-3. Election of the Minority Leader. The Senate shall
27 elect a Minority Leader in a manner consistent with the
28 Constitution and laws of Illinois.
29 2-4. Assistant Leaders. (a) The President and the
30 Minority Leader shall appoint from within their respective
31 caucuses the number of Assistant Majority Leaders and
32 Assistant Minority Leaders as are allowed by law.
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1 (b) Such appointments shall become effective immediately
2 upon their being filed with the Secretary and shall remain
3 effective for the duration of the term unless a vacancy
4 occurs by reason of resignation or because an assistant
5 leader has ceased to be a Senator. Successor assistant
6 leaders shall be appointed in the same manner as their
7 predecessors. Assistant leaders shall have those powers
8 delegated to them by the President or Minority Leader, as the
9 case may be.
10 2-5. Powers and Duties of the President. (a) The
11 President shall have those powers conferred upon him or her
12 by the Constitution, the laws of Illinois, and any motions or
13 resolutions adopted by the Senate or jointly by the Senate
14 and House.
15 (b) Except as provided by law with respect to the Senate
16 Operations Commission, the President shall be the chief
17 administrative officer of the Senate and shall have those
18 powers necessary to carry out such function. The President
19 may delegate his or her administrative duties as he or she
20 deems appropriate.
21 (c) The duties of the President shall include the
22 following:
23 1. To preside at all sessions of the Senate, although
24 the President may call on any member to preside
25 temporarily.
26 2. To open the session at the time at which the Senate
27 is to meet by taking the podium and calling the
28 members to order. The President may call on any
29 member, or the Secretary in case of perfunctory
30 days, to open the session.
31 3. To announce the business before the Senate in the
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1 order in which it is to be acted upon.
2 4. To recognize those members entitled to the floor.
3 5. To state and put to vote all questions which are
4 regularly moved or which necessarily arise in the
5 course of the proceedings, and to announce the
6 result of the vote.
7 6. To preserve order and decorum.
8 7. To decide all points of order, subject to appeal,
9 and to speak thereon in preference to other members.
10 8. To inform the Senate when necessary, or when any
11 question is raised, on any point of order or
12 practice pertinent to the pending business.
13 9. To sign or authenticate all acts, proceedings or
14 orders of the Senate. All writs, warrants and
15 subpoenas issued by order of the Senate shall be
16 signed by the President and attested by the
17 Secretary.
18 10. To sign all bills passed by both chambers of the
19 General Assembly in order to certify that the
20 procedural requirements for passage have been met.
21 11. To have general supervision, including the duty to
22 protect the security and safety, of the Senate
23 chamber, galleries and adjoining and connecting
24 hallways and passages, including the power to clear
25 them when necessary.
26 12. To have general supervision of the Secretary and his
27 or her assistants, the Sergeant-at-Arms and his or
28 her assistants, the majority caucus staff and all
29 employees of the Senate except the minority caucus
30 staff.
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1 13. To appoint all majority caucus members of committees
2 and to designate all Chairpersons and
3 Vice-Chairpersons of committees, except as the
4 Senate shall otherwise order in accordance with
5 these Senate Rules.
6 14. To enforce all constitutional provisions, statutes,
7 rules and regulations applicable to the Senate.
8 15. To guide and direct the proceedings of the Senate
9 subject to the control and will of the members as
10 provided in these Senate Rules.
11 16. To direct the Secretary to correct non-substantive
12 errors in the Journal.
13 17. To assign meeting places and meeting times to
14 committees.
15 18. To decide, subject to the control and will of the
16 members in accordance with these Senate Rules, all
17 questions relating to the priority of business.
18 (d) The President, at his or her discretion, may
19 designate from among those members serving in the statutorily
20 created positions of assistant majority leader, no more than
21 one member to serve as the Senate Majority Leader. The
22 Senate Majority Leader shall serve at the pleasure of the
23 President and shall receive no additional compensation other
24 than that provided statutorily for the position of assistant
25 majority leader.
26 (e) This rule may be suspended by a vote of three-fifths
27 of the members elected.
28 2-6. Powers and Duties of the Minority Leader. (a) The
29 Minority Leader shall have those powers conferred upon him or
30 her by the Constitution, the laws of Illinois, and any
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1 motions or resolutions adopted by the Senate or jointly by
2 the Senate and House.
3 (b) The Minority Leader shall appoint to all committees
4 the members from the minority caucus and shall designate a
5 Minority Spokesperson for each committee, except where the
6 Senate shall otherwise order in accordance with these Senate
7 Rules.
8 (c) The Minority Leader shall have general supervision
9 of the minority caucus staff.
10 2-7. Secretary of the Senate. (a) The Senate shall
11 elect a Secretary, who may adopt appropriate policies or
12 procedures for the conduct of his or her office. Except
13 where such authority is by law given to the Senate Operations
14 Commission, the President shall be the final arbiter of any
15 dispute arising in connection with the operation of the
16 Office of the Secretary.
17 (b) The duties of the Secretary shall include the
18 following:
19 1. To have custody of all bills, papers and records of
20 the Senate, which shall not be taken out of the
21 Secretary's custody except in the regular course of
22 business in the Senate.
23 2. To endorse on every original bill and each copy its
24 number, names of sponsors, the date of introduction,
25 and the several orders taken on it. When printed,
26 the names of the sponsors shall appear on the front
27 page of the bill in the same order they appeared
28 when introduced.
29 3. To cause each bill to be placed on the desks of the
30 members as soon as it is printed, or alternatively
31 to provide for a method that any Senator may utilize
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1 to secure a copy of any bill he or she desires.
2 4. To keep the journal of the proceedings of the Senate
3 and, under the direction of the President, correct
4 errors in the Journal.
5 5. To keep the transcripts of the debates of the Senate
6 and make them available to the public under
7 reasonable conditions.
8 6. To keep the necessary records for the Senate and its
9 committees and to prepare the Senate Calendar for
10 each legislative day.
11 7. To examine all Senate Bills and Constitutional
12 Amendment Resolutions following Second Reading and
13 prior to final passage, for the purpose of
14 correcting any non-substantive errors therein, and
15 to report the same back to the President promptly;
16 to supervise the enrolling and engrossing of bills
17 and resolutions, subject to the direction of the
18 President; and to certify passage or adoption of
19 legislative measures, and to note thereon the date
20 of final Senate action. Any corrections suggested
21 to the President by the Secretary, and thereafter
22 approved by the Senate, shall be entered upon the
23 Journal.
24 8. To transmit bills, other documents and other
25 messages to the House and secure a receipt therefor,
26 and to receive from the House bills, documents and
27 receipts therefore.
28 9. To file with the Secretary of State those debate
29 transcripts and Senate documents as are required by
30 law.
31 10. To attend every session of the Senate; record the
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1 roll; and read all bills, resolutions and other
2 papers as directed by the Presiding Officer. Bills
3 shall be read by title only. Upon initial reading,
4 motions may be read by title and sponsor only.
5 11. To supervise all Assistant Secretaries and other
6 employees of his or her office, as well as all
7 committee clerks in their capacity as committee
8 clerks.
9 12. To establish the format for all documents, forms and
10 committee records prepared by committee clerks.
11 13. To perform those duties as assigned by the
12 President.
13 2-8. Assistant Secretary of the Senate. The Senate
14 shall, in a manner consistent with the laws of Illinois,
15 elect an Assistant Secretary, who shall perform those duties
16 assigned to him or her by the Secretary.
17 2-9. Sergeant-at-Arms. The Senate shall elect a
18 Sergeant-at-Arms who shall perform those duties assigned to
19 him or her by law, or as are ordered by the President or
20 Presiding Officer. Such duties shall include the following:
21 1. To attend the Senate during its sessions and execute
22 the commands of the Senate, together with all such
23 process issued by authority thereof, as shall be
24 directed to him or her by the President or Presiding
25 Officer.
26 2. To maintain order among spectators admitted into the
27 Senate chambers, galleries and adjoining or
28 connecting hallways and passages.
29 3. To take proper measures to prevent interruption of
30 the Senate.
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1 4. To supervise any Assistant Sergeant-at-Arms.
2 5. To perform those duties as assigned by the
3 President.
4 2-10. Schedule. (a) The President shall periodically
5 establish a schedule of days on which the Senate shall
6 convene in regular and veto session, with such schedule
7 subject to revisions at the discretion of the President. The
8 President may also at his or her discretion schedule
9 perfunctory session days of the Senate. The President shall
10 establish deadlines for the following legislative actions:
11 Final day for introduction of bills.
12 Final day for standing committees of the Senate to
13 report Senate bills, except Senate appropriations
14 bills.
15 Final day for standing committees of the Senate to
16 report Senate appropriation bills.
17 Final day for Third Reading and passage of Senate
18 bills, except Senate appropriation bills.
19 Final day for Third Reading and passage of Senate
20 appropriation bills.
21 Final day for standing committees of the Senate to
22 report House appropriation bills.
23 Final day for standing committees of the Senate to
24 report House bills, except appropriation bills.
25 Final day for Third reading and passage of House
26 appropriation bills.
27 Final day for Third reading and passage of House
28 non-appropriation bills.
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1 (b) The President may establish additional deadlines for
2 final action on conference committee reports and any or all
3 categories of joint action motions.
4 (c) The foregoing deadlines shall become final upon
5 being filed by the President with the Secretary. The
6 Secretary shall Journalize such deadlines.
7 (d) The President may schedule alternative deadlines for
8 legislative action during any special session of the Senate
9 pursuant to written notice filed with the Secretary.
10 (e) The President may schedule deadlines for any other
11 action on any category of legislative measure as he or she
12 deems appropriate.
13 ARTICLE III
14 COMMITTEES
15 3-1. Committees. (a) The committees of the Senate
16 shall be: (i) the standing committees listed in Rule 3-4;
17 (ii) special committees created by Senate resolution under
18 Rule 3-3; and (iii) special subcommittees created by standing
19 committees or by special committees under Rule 3-3.
20 Subcommittees may not create subcommittees.
21 (b) All committees shall have a Chairperson and Minority
22 Spokesperson, who shall not be of the same political party.
23 Committees of the whole shall consist of all Senators. The
24 number of majority caucus members and minority caucus members
25 of all standing committees, and all other committees unless
26 otherwise ordered by the Senate in accordance with these
27 Senate Rules, shall be determined by the President. Such
28 numbers of majority caucus and minority caucus members shall
29 become final upon the President filing with the Secretary an
30 appropriate notice, which shall be Journalized.
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1 (c) The Chairperson of a committee shall have the
2 authority to call the committee to order, designate the order
3 in which bills and resolutions posted for hearing shall be
4 taken up, order the roll call vote to be taken on each
5 legislative measure called for a vote, preserve order and
6 decorum during committee meetings, and generally supervise
7 the affairs of the committee. The Vice-Chairperson of a
8 committee may preside over its meetings in the absence or at
9 the direction of the Chairperson.
10 (d) A vacancy on a committee, or in the Chairperson or
11 Minority Spokesperson position on a committee, shall be
12 created when a member resigns from such position or ceases to
13 be a Senator. Resignations shall be made in writing to the
14 Secretary, who shall promptly notify the President and
15 Minority Leader. Absent concurrence by a majority of those
16 elected, or as otherwise provided in Rule 3-5, no member who
17 resigns from a committee shall be reappointed to such
18 committee for the remainder of the term. Replacement members
19 shall be of the same political party as that of the member
20 who resigns, and shall be appointed by the President or
21 Minority Leader, depending upon the political party of the
22 resigning member. In the case of vacancies on special
23 subcommittees that were created by committees, the parent
24 committee shall fill the vacancy by motion.
25 (e) The Chairperson of a committee shall have the
26 authority to call meetings of that committee, subject to the
27 approval of the President in accordance with Rule 2-5(c)
28 (17). Except as otherwise provided by these Senate Rules,
29 committee meetings shall be convened in accordance with Rule
30 3-11.
31 3-2. Membership and Officers of Standing Committees. At
32 the commencement of the term, the members of each standing
33 committee shall be appointed for the term by the President
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1 and the Minority Leader, except as provided in Rule 3-5. The
2 President shall appoint the Chairperson and the remaining
3 committee members of the majority caucus (one of whom the
4 President shall designate as Vice-Chairperson), and the
5 Minority Leader shall appoint the Minority Spokesperson and
6 the remaining committee members of the minority caucus. Such
7 appointments shall become immediately effective upon the
8 delivery of appropriate correspondence from each of the
9 respective leaders to the Secretary, regardless of whether
10 the Senate shall be in session, and such appointments for the
11 committee members, shall be for the duration of the term.
12 The Chairperson and Minority Spokesperson shall serve at the
13 pleasure of the President or Minority Leader as the case may
14 be. The Secretary shall Journalize all such appointments.
15 All standing committees shall be empowered to conduct
16 business when a majority of the total number of committee
17 members has been appointed.
18 3-3. Special Committee and Subcommittees. (a) The
19 Senate may create special committees by resolution adopted by
20 a majority of those elected. The appointed members of such a
21 special committee shall be designated by the President and
22 the Minority Leader in the same manner outlined in Rule 3-2
23 with respect to standing committees.
24 (b) A committee may create a special subcommittee by
25 motion adopted by a majority of those appointed. The members
26 of a special subcommittee shall come from the membership of
27 the creating committee, and shall be appointed in the manner
28 determined by the creating committee.
29 (c) The resolution or motion creating a special
30 committee or special subcommittee shall specify the subject
31 matter of the special committee or subcommittee, the number
32 of members to be appointed thereto, and may specify a
33 reporting date during the term (in which event the special
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1 committee or subcommittee shall be abolished as of such
2 date). Unless an earlier date is specified by resolution or
3 motion, special committees and subcommittees shall expire at
4 the end of the term.
5 (d) When the Senate is not in session, Special Temporary
6 Committees may be created and appointed by the President.
7 The actions of the President and of such Special Temporary
8 Committee shall stand as the action of the Senate unless the
9 action shall be amended or modified on a roll call vote by a
10 majority of those elected during the next day the Senate
11 convenes.
12 3-4. Standing Committees. The Standing Committees of
13 the Senate are as follows:
14 AGRICULTURE AND CONSERVATION
15 APPROPRIATIONS
16 COMMERCE AND INDUSTRY
17 EDUCATION
18 ENVIRONMENT AND ENERGY
19 EXECUTIVE
20 EXECUTIVE APPOINTMENTS
21 FINANCIAL INSTITUTIONS
22 INSURANCE AND PENSIONS
23 JUDICIARY
24 LICENSED ACTIVITIES
25 LOCAL GOVERNMENT AND ELECTIONS
26 PUBLIC HEALTH AND WELFARE
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1 REVENUE
2 STATE GOVERNMENT OPERATIONS
3 TRANSPORTATION
4 3-5. Service Committee. (a) In addition to the
5 foregoing standing committees, there shall be a permanent
6 service committee known as the "Rules Committee." The Rules
7 Committee shall have those powers and duties that are
8 outlined in these Senate Rules, as well as those that may be
9 periodically ordered in accordance with these Senate Rules.
10 (b) The Rules Committee shall consist of five members,
11 three of whom shall be appointed by the President and two of
12 whom shall be appointed by the Minority Leader. Both the
13 President and the Minority Leader shall be eligible to be
14 appointed to the Rules Committee. The Rules Committee shall
15 be empowered to conduct business when a majority of the total
16 number of its members has been appointed.
17 (c) The majority caucus members of the Rules Committee
18 shall serve at the pleasure of the President, and the
19 minority caucus members shall serve at the pleasure of the
20 Minority Leader. Appointments thereto shall be by notice
21 filed with the Secretary, and shall be effective for the
22 balance of the term or until a replacement appointment is
23 made, whichever shall first occur. Appointments shall take
24 effect upon filing with the Secretary regardless of whether
25 the Senate shall be in session. Notwithstanding any other
26 provision of these Senate Rules, any Senator who shall be
27 replaced on the Rules Committee may be reappointed to the
28 Rules Committee without concurrence of the Senate.
29 (d) Notwithstanding any other provision of these Senate
30 Rules, the Rules Committee may meet upon notice. All
31 legislative measures pending before the Rules Committee shall
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1 be eligible for consideration at any meeting thereof, and all
2 such legislative measures shall be deemed posted for hearing
3 by the Rules Committee for all of its meetings.
4 (e) This rule may be suspended by a vote of three-fifths
5 of the members elected.
6 3-6. Referrals of Resolutions, Messages and
7 Reorganization Orders. (a) All resolutions, after being
8 initially read by the Secretary, shall be automatically
9 referred to the Rules Committee unless the Presiding Officer
10 determines that the resolution is a death resolution and
11 orders that the resolution be placed on the Resolutions
12 Consent Calendar. Resolutions determined by the Rules
13 Committee to be of a non-substantive, commemorative or
14 congratulatory nature shall be returned to the principal
15 sponsor for action pursuant to Rule 6-4. No resolution may
16 be placed on the Resolutions Consent Calendar if any member
17 objects.
18 (b) All messages from the Governor or any other
19 executive branch Constitutional Officer regarding
20 appointments that require confirmation by the Senate shall,
21 after having been initially read by the Secretary, be
22 automatically referred to the Executive Appointments
23 Committee.
24 (c) All executive reorganization orders of the Governor
25 issued pursuant to Article V, Section 11 of the Constitution
26 shall, upon being read into the record by the Secretary, be
27 automatically referred to the Rules Committee for its
28 referral to a standing committee, the latter of which may
29 issue a recommendation to the Senate with respect to any such
30 executive order. The Senate may disapprove of any such
31 executive order only by resolution adopted by a majority of
32 those elected; no such resolution shall be in order until a
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1 standing committee has reported to the Senate on such
2 executive reorganization, or until the executive order has
3 been discharged pursuant to Rule 7-9.
4 3-7. Rules Committee. (a) The Rules Committee may
5 consider any legislative measure referred to it pursuant to
6 Rules 3-6, 3-8 and 3-9, by motion or resolution, or by order
7 of the Presiding Officer upon initial reading. The Rules
8 Committee may, with the concurrence of a majority of those
9 appointed, sponsor motions or resolutions; notwithstanding
10 any other provision of these Senate Rules, any motion or
11 resolution sponsored by the Rules Committee may be
12 immediately considered by the Senate without reference to a
13 committee.
14 (b) During even-numbered years, the Rules Committee
15 shall refer to a standing committee of the Senate only
16 appropriation bills implementing the budget and other
17 legislative measures deemed by the Rules Committee to be of
18 an emergency nature or to be of substantial importance to the
19 operation of government. This subsection (b) shall apply
20 equally to Senate Bills and House Bills introduced into or
21 received by the Senate.
22 3-8. Referrals to Committees. (a) All Senate Bills and
23 House Bills shall, after having been initially read by the
24 Secretary, be automatically referred to the Rules Committee,
25 which may thereafter refer any such bill before it to a
26 standing committee. The Rules Committee may refer any
27 resolution before it to a standing committee. No bill or
28 resolution may be referred to a standing committee except
29 pursuant to this rule or Rule 7-17. A standing committee may
30 refer a matter pending in that committee to a subcommittee of
31 that committee.
32 (b) All floor amendments, joint action motions for final
33 action and conference committee reports shall, upon filing
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1 with the Secretary, be automatically referred to the Rules
2 Committee. No such amendment, joint action motion or
3 conference committee report may be considered by the Senate
4 unless approved for such consideration by the Rules
5 Committee. The Rules Committee may approve any floor
6 amendment, joint action motion for final action or conference
7 committee report that: (i) consists of language that has
8 previously been favorably reported to the Senate by a
9 committee; (ii) consists of technical or clarifying language
10 that is non-substantive in nature; or (iii) consists of
11 language deemed by the Rules Committee to be of an emergency
12 nature or to be of substantial importance to the operation of
13 government or in the best interests of Illinois. The Rules
14 Committee may refer any floor amendment, joint action motion
15 for final action or conference committee report to a standing
16 committee for its review and consideration (in such
17 instances, and notwithstanding any other provision of these
18 Senate Rules, the standing committee may hold a hearing on
19 and consider such legislative measures pursuant to one-hour
20 advance notice). Any floor amendment, joint action motion
21 for final action or conference committee report that is not
22 approved by the Rules Committee is out of order.
23 (c) The Rules Committee may at any time re-refer a
24 legislative measure from a committee to a Committee of the
25 Whole or to any other committee.
26 (d) This rule may be suspended by a vote of three-fifths
27 of the members elected.
28 3-9. Re-Referrals to the Rules Committee. (a) All
29 legislative measures with the exception of resolutions to
30 amend the State Constitution that have failed to meet the
31 applicable deadline established in accordance with Rule 2-10
32 for reporting to the Senate by a standing committee shall
33 automatically be re-referred to the Rules Committee unless:
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1 (i) the deadline has been suspended pursuant to Rule 7-17,
2 with re-referral to the Rules Committee to occur if the bill
3 has not been reported to the Senate in accordance with the
4 revised deadline; or (ii) the Rules Committee has issued a
5 written exception to the Secretary with respect to a
6 particular bill prior to the reporting deadline, with such
7 re-referral to occur, if at all, in accordance with such
8 written exception. Should the President in accordance with
9 Rules 2-10 establish deadlines for action on joint action
10 motions or conference committee reports, the foregoing
11 re-referral provisions and exceptions shall apply with
12 respect to such legislative measures that fail to meet those
13 deadlines.
14 (b) All legislative measures with the exception of
15 resolutions to amend the State Constitution pending before
16 the Senate or any of its committees shall automatically be
17 re-referred to the Rules Committee on the 31st consecutive
18 day that the Senate has not convened for session unless: (i)
19 this rule has been suspended in accordance with Rule 7-17; or
20 (ii) the Rules Committee has issued a written exception to
21 the Secretary prior to such 31st day.
22 3-10. Reporting by Committees. Committees shall report
23 to the Senate and subcommittees shall report to their parent
24 committees.
25 3-11. Committee Procedure. (a) A committee may
26 consider any legislative measure referred to it and may make
27 with respect to such legislative measure one of the following
28 reports to the Senate or to the parent committee, as
29 appropriate:
30 1. that the bill "do pass";
31 2. that the bill "do not pass";
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1 3. that the bill "do pass as amended";
2 4. that the bill "do not pass as amended";
3 5. that the resolution "be adopted";
4 6. that the resolution "be not adopted";
5 7. that the resolution "be adopted as amended";
6 8. that the resolution "be not adopted as amended";
7 9. that the floor amendment, joint action motion or
8 conference committee report "be adopted";
9 10. that the floor amendment, joint action motion or
10 conference committee report "be not adopted";
11 11. that the floor amendment, joint action motion or
12 conference committee report "be approved for
13 consideration";
14 12. that the floor amendment, joint action motion or
15 conference committee report "be not approved for
16 consideration";
17 13. "without recommendation"; or
18 14. that the legislative measure be "re-referred to the
19 Rules Committee."
20 Any of the foregoing reports may only be made upon the
21 concurrence of a majority of those appointed. All
22 legislative measures reported "do pass," "do pass as
23 amended," "be adopted," "be adopted as amended" and "be
24 approved for consideration" shall be deemed favorably
25 reported to the Senate. Except as otherwise provided by
26 these Senate Rules, any legislative measure referred to a
27 committee and not reported pursuant to this rule shall remain
28 in such committee. Pursuant to Rules 3-11(g) and 7-10, a
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1 committee may report a legislative measure as tabled.
2 (b) No bill which provides for an appropriation or
3 expenditure of money from the State Treasury may be
4 considered for passage by the Senate unless it shall first
5 have been reported to the Senate by the Appropriations
6 Committee unless:
7 1. the bill was discharged from the Appropriations
8 Committee in accordance with Rule 7-9;
9 2. the bill was exempted from this requirement by a
10 majority of those appointed to the Rules Committee;
11 or
12 3. this rule was suspended in accordance with Rule 7-17.
13 (c) The Chairperson of each committee shall keep, or
14 cause to be kept, a record in which there shall be entered:
15 1. The time and place of each meeting of such committee.
16 2. The attendance of committee members at each such
17 meeting.
18 3. The votes cast by the committee members on all
19 legislative measures acted upon by the committee.
20 4. Such additional information as may be requested by
21 the Secretary.
22 (d) The committee Chairperson shall file with the
23 Secretary, along with every bill or resolution reported upon,
24 a sheet containing such information as shall be required by
25 the Secretary. The Secretary may adopt forms, policies and
26 procedures with respect to the preparation, filing and
27 maintenance of such reports.
28 (e) Except as provided in Rules 3-5 or 3-8 or unless
29 this rule is suspended pursuant to Rule 7-17, no committee
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1 may consider or conduct a hearing with respect to a
2 legislative measure absent notice first being given as
3 follows:
4 1. The Chairperson of the committee shall, no later than
5 six days before any proposed hearing, post a notice
6 on the Senate bulletin board identifying each
7 legislative measure that may be considered during
8 such hearing. The notice shall contain the day, hour
9 and place of the hearing.
10 2. Meetings of the Rules Committee may be called
11 pursuant to Rule 3-5; meeting of the standing
12 committees to consider floor amendments, joint action
13 motions and conference committee reports may be
14 called pursuant to Rule 3-8.
15 3. The Chairperson shall, in advance of a committee
16 hearing, notify all principal sponsors of legislative
17 measures posted for such hearing of the date, time
18 and place of hearing. Where practicable, the
19 Secretary shall include a notice of all scheduled
20 hearings, together with all posted bills and
21 resolutions, in the Daily Calendar of the Senate.
22 Irrespective of whether the involved legislative measure has
23 been posted for hearing, it shall be in order for a committee
24 during any of its meetings to refer a legislative measure
25 pending before it to a subcommittee of such committee.
26 (f) Other than the Rules Committee, no committee may
27 meet during any session of the Senate, and no commission
28 created by Illinois law which has legislative membership
29 shall meet during any session of the Senate.
30 (g) Regardless of whether notice shall have been
31 previously given, it shall always be in order for a committee
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1 to order any legislative measure pending before it to lie on
2 the table when the principal sponsor so requests. When
3 reported to the Senate, such committee action shall stand as
4 the action of the Senate.
5 (h) Where a committee fails to report a legislative
6 measure pending before it to the Senate, or where a committee
7 fails to hold a public hearing on a legislative measure
8 pending before it, the exclusive means of bringing such
9 legislative measure directly before the Senate for its
10 consideration shall be pursuant to Rule 7-9.
11 (i) No bill or resolution may be called for a vote in
12 committee in the absence of the principal sponsor, or the
13 chief cosponsor when the committee so consents, without the
14 approval of the principal sponsor.
15 3-12. Committee Reports. (a) All bills favorably
16 reported to the Senate from a committee, or with respect to
17 which a committee has been discharged, shall stand on the
18 order of Second Reading unless otherwise ordered by the
19 Senate, and may be amended only on Second Reading. Bills
20 reported to the Senate from committee "do not pass," "do not
21 pass as amended," "be not approved for consideration" or
22 "without recommendation" shall lie on the table.
23 (b) All floor amendments, joint action motions and
24 conference committee reports favorably reported to the Senate
25 from a committee shall be before the Senate and eligible for
26 consideration by the Senate when it shall be on an
27 appropriate order of business (floor amendments may only be
28 considered by the Senate when the bill to be amended is on
29 Second Reading). All floor amendments, joint action motions
30 and conference committee reports that are reported to the
31 Senate from committee "be not adopted," "be not approved for
32 consideration" or "without recommendation" shall lie on the
33 table. Where the Rules Committee refers a floor amendment,
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1 joint action motion or conference committee report to a
2 standing committee, which thereafter favorably reports such
3 legislative measure to the Senate, the legislative measure
4 shall be deemed approved by the Rules Committee.
5 (c) All resolutions favorably reported to the Senate
6 from a committee, or with respect to which a committee has
7 been discharged, shall stand on the order of Resolutions.
8 All resolutions that are reported to the Senate from
9 committee "be not adopted," "be not adopted as amended" or
10 "without recommendation" shall lie on the table. Floor
11 amendments to resolutions shall be subject to the same
12 procedure applicable to floor amendments to bills.
13 ARTICLE IV
14 CONDUCT OF BUSINESS
15 4-1. Sessions of the Senate. (a) The Senate shall be
16 deemed in session whenever it convenes in perfunctory
17 session, regular session, veto session or special session.
18 Members shall be entitled to per diem expense reimbursements
19 only on those regular, veto and special session days that
20 they are in attendance at the Senate. Attendance by members
21 shall not be required or recorded on perfunctory session
22 days.
23 (b) Regular and veto session days shall be scheduled
24 with notice by the President in accordance with Rule 2-10.
25 Special session days shall be scheduled in accordance with
26 the Constitution and laws of Illinois.
27 (c) The President at his discretion may schedule
28 perfunctory session days during which the Secretary may read
29 into the Senate record any legislative measure. Properly
30 convened committees may meet and may consider and act upon
31 legislative measures during a perfunctory session day, and
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1 the Secretary may receive and read committee reports into the
2 Senate record during a perfunctory day. Excepting any
3 automatic referral provisions of these Senate Rules, no
4 action may be taken by the Senate with respect to a
5 legislative measure during a perfunctory session day.
6 (d) The President may also schedule perfunctory session
7 days for the purpose of affording those members designated by
8 the President and Minority Leader an opportunity to negotiate
9 with respect to any unfinished business of the Senate without
10 necessitating the presence of all members and the related
11 costs to Illinois taxpayers.
12 4-2. Hour of Meeting. Unless otherwise ordered by the
13 Presiding Officer or by a majority of those elected, the
14 Senate shall regularly convene at noon.
15 4-3. Entitled to Floor. (a) Except as otherwise
16 provided herein, only the following persons shall be admitted
17 to the Senate while it is in session: members and officers
18 of the General Assembly; elected officers of the executive
19 branch; justices of the Supreme Court; the designated aide to
20 the Governor; the parliamentarian; majority staff members and
21 minority staff members, except as limited by the Presiding
22 Officer; the Senate Postmistress and any of his or her
23 assistants, except as limited by the Presiding Officer;
24 former Presidents of the Senate, except as limited by the
25 President or prohibited under subsection (d); former members
26 who served in the Senate at any time during the past four
27 years, except as limited by the President or prohibited under
28 subsection (d); and employees of the Legislative Reference
29 Bureau, except as limited by the President. Representatives
30 of the press, while the Senate is in session, may have access
31 to the galleries and places allotted to them by the
32 President. No person shall be entitled to the floor unless
33 appropriately attired.
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1 (b) On days during which the Senate shall be in session,
2 the Sergeant-at-Arms shall clear the floor of all persons not
3 entitled to access the floor a quarter hour before the
4 convening time, and he or she shall enforce all other
5 provisions of this rule.
6 (c) The Senate may authorize, by motion adopted by
7 majority vote, the admission to the floor of any other
8 person, except as prohibited under subsection (d).
9 (d) No person who is directly or indirectly interested
10 in defeating or promoting any pending legislative measure, if
11 required to be registered as a lobbyist, shall be allowed
12 access to the floor of the Senate at any time during the
13 session.
14 (e) Where he or she deems is necessary for the
15 preservation of order, the Presiding Officer may by order
16 remove any person from the floor of the Senate. A Senator
17 may be removed from the floor only pursuant to Rule 12-1.
18 4-4. Daily Order. Unless otherwise determined by the
19 Presiding Officer, the daily order of business of the Senate
20 shall be as follows:
21 1. Call to Order, Invocation and Pledge of Allegiance.
22 2. Reading and Approval of the Journal.
23 3. Reading of Senate Bills a first time.
24 4. Reports from committees, with reports from the Rules
25 Committee ordinarily made at any time.
26 5. Presentation of Resolutions, Petitions and Messages.
27 6. Introduction of Senate Bills.
28 7. Messages from the House, not including reading House
29 Bills a first time.
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1 8. Reading of Senate Bills a second time.
2 9. Reading of Senate Bills a third time.
3 10. Reading of House Bills a third time.
4 11. Reading of House Bills a second time.
5 12. Reading of House Bills a first time.
6 13. Senate Bills on the Order of Concurrence.
7 14. House Bills on the Order of Non-Concurrence.
8 15. Conference Committee Reports.
9 16. Motions in Writing.
10 17. Constitutional Amendment Resolutions.
11 18. Motions with respect to Vetoes.
12 19. Consideration of Resolutions.
13 20. Motions to Discharge Committee.
14 21. Motions to Take from the Table.
15 22. Motions to Suspend the Rules.
16 23. Consideration of Bills on the Order of Postponed
17 Consideration.
18 4-5. Quorum. (a) A majority of those elected shall
19 constitute a quorum of the Senate, and a majority of those
20 appointed shall constitute a quorum of a committee, but a
21 smaller number may adjourn from day to day, or recess for
22 less than one day, and compel the attendance of absent
23 members. The attendance of absent members may also be
24 compelled by order of the President.
25 (b) The question of the presence of a quorum in any
26 committee may not be raised on consideration of a legislative
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1 measure by the Senate unless the same question was previously
2 raised before the committee with respect to such legislative
3 measure.
4 4-6. Approval of the Journal. The President or his
5 designee shall periodically examine and report to the Senate
6 any corrections he or she deems should be made in the Journal
7 before it is approved. If such corrections are approved by
8 the Senate, they shall be made by the Secretary.
9 4-7. Executive Sessions. The sessions of the Senate
10 shall be open to the public. Sessions and committee meetings
11 of the Senate may be closed to the public if, pursuant to
12 Article IV, Section 5 (c) of the Constitution, two-thirds of
13 the members elected determine that the public interest so
14 requires.
15 4-8. Length of Adjournment. Pursuant to Article IV,
16 Section 15 (a) of the Constitution, the Senate shall not
17 adjourn, without the consent of the House, for more than
18 three days, nor to another place than that in which the two
19 chambers of the General Assembly shall be sitting. The
20 Senate shall be in session on any day in which it shall
21 convene in perfunctory session, regular session, veto session
22 or special session.
23 4-9. Transcript of the Senate. In accordance with
24 Article IV, Section 7(b) of the Constitution, nothing
25 contained in the official transcript of the Senate shall be
26 changed or expunged except by written request of a Senator to
27 the Secretary and Presiding Officer, which request may only
28 be approved on a roll call vote of three-fifths of the
29 members elected.
30 ARTICLE V
31 BILLS AND AMENDMENTS
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1 5-1. Bills. (a) A bill may be introduced in the Senate
2 by sponsorship of one or more members of the Senate, whose
3 names shall be on the printed copies of the bills, in the
4 Senate Journal, and in the Legislative Digest. The principal
5 sponsor shall be the first name to appear on the bill and may
6 be joined by no more than four chief cosponsors with the
7 approval of the principal sponsor; other cosponsors shall be
8 separated from the principal sponsor and any chief cosponsors
9 by a comma. By motion, the sponsorship of a bill may be
10 changed to that of another Senator (or Senators, as the case
11 may be), or to that of the standing committee to which the
12 bill was referred or from which the bill was reported. Such
13 a motion may be made at any time the bill is pending before
14 the Senate or any of its committees.
15 (b) The principal sponsor of a bill shall control such
16 bill. A committee-sponsored bill shall be controlled by the
17 Chairperson of the committee, who for purposes of these
18 Senate Rules shall be deemed the principal sponsor.
19 Committee-sponsored bills may not have individual
20 co-sponsors.
21 (c) The House sponsor of a bill originating in the House
22 may request substitute Senate sponsorship of that bill by
23 filing a notice with the Secretary; such notice shall be
24 automatically referred to the Rules Committee and be deemed
25 adopted if approved by the Rules Committee. If disapproved
26 by the Rules Committee, such request shall lie on the table.
27 If the Rules Committee shall fail to act on any such motion,
28 that motion may be discharged pursuant to Rule 7-9.
29 (d) All bills introduced in the Senate shall be read by
30 title a first time, ordered printed, and automatically
31 referred to the Rules Committee in accordance with Rule 3-8.
32 When a House Bill is received it shall be taken up, ordered
33 printed, and placed on the order of House Bills on first
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1 reading; after having been read a first time, it shall be
2 automatically referred to the Rules Committee in accordance
3 with Rule 3-8.
4 (e) All bills introduced into the Senate shall be
5 accompanied by twelve copies. Any bill that amends a statute
6 shall indicate the particular changes in the following
7 manner:
8 1. All new matter shall be underscored.
9 2. All matter which is to be omitted or superseded
10 shall be shown crossed with a line.
11 (f) No bill shall be passed by the Senate except on a
12 roll call vote of a majority of those elected. A bill which
13 has lost and has not been reconsidered may not thereafter be
14 revived.
15 5-2. Reading and Printing of Bills. Every bill shall be
16 read by title on three different days prior to passage by the
17 Senate, and the bill and all adopted amendments thereto shall
18 be printed before the vote is taken on its final passage.
19 5-3. Printing and Distribution. The Secretary shall, as
20 soon as any bill is printed, deliver to the Sergeant-at-Arms
21 sufficient copies to furnish each Senator with a copy, and
22 the Sergeant-at-Arms shall at once cause the bills to be
23 distributed upon the desks of the Senators. Alternatively,
24 and pursuant to Rule 2-7 (b)(3), the Secretary may establish
25 a method any Senator may utilize to secure a copy of any bill
26 he or she desires.
27 5-4. Amendments. (a) An amendment to a bill may be
28 adopted either by a standing committee when the bill is
29 before such committee, or by the Senate when a bill is on the
30 order of Second Reading. The former shall be known as a
31 "committee amendment" and the latter as a "floor amendment".
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1 All amendments must be in writing. All amendments still
2 pending in a committee upon the passage or defeat of a bill
3 on Third Reading shall automatically be tabled. Any
4 unadopted amendment still pending before the Senate or any of
5 its committees shall be automatically tabled when the bill to
6 which it relates is referred to the Rules Committee pursuant
7 to Rule 3-9.
8 (b) Committee amendments may only be offered by the
9 principal sponsor or a member of the committee while the
10 affected bill is before such committee, and shall be adopted
11 by a majority of those appointed. Floor amendments may only
12 be offered by a Senator while the bill is on the order of
13 Second Reading, and shall be adopted by a majority vote of
14 the Senate. An amendment may be the subject of a motion to
15 "do adopt" or "do not adopt", and may only be adopted
16 pursuant to a successful motion to "do adopt".
17 (c) Committee amendments shall be filed with the
18 Chairperson of the committee, and shall only be in order when
19 sufficient copies have been filed to provide each member of
20 the committee with a copy and twelve additional copies for
21 the Chairperson. Floor amendments shall be filed with the
22 Secretary, and shall only be in order when twelve copies have
23 been filed.
24 (d) The Secretary shall have printed all adopted
25 committee amendments that come before the Senate pursuant to
26 Rule 3-12. The Secretary shall also have printed all adopted
27 floor amendments. No floor amendment may be adopted by the
28 Senate unless it has been first reproduced and placed on the
29 members' desks.
30 (e) No floor amendment shall be in order unless approved
31 by the Rules Committee in accordance with Rule 3-8 or brought
32 before the Senate pursuant to Rule 7-9.
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1 (f) Amendments that propose to alter any existing law
2 shall set forth completely the statutory sections amended,
3 and shall conform to the requirements of Rule 5-1(e).
4 (g) If a committee reports out a bill "do pass as
5 amended", the committee amendments shall be deemed adopted by
6 the committee action and shall be reproduced and placed on
7 the members' desks before the bill may be read a second time.
8 5-5. Fiscal and Other Notes. The Senate shall comply
9 with all effective Illinois laws requiring notes on any bill,
10 including without limitation "An Act requiring fiscal notes
11 in relation to certain bills", the Pension Impact Note Act,
12 "An Act requiring certain types of bills introduced in the
13 General Assembly have provided a note indicating the effect
14 thereon on the judicial system of the State, specifying
15 information to be included therein and the requirements for
16 obtaining and preparing such note", the State Debt Impact
17 Note Act and the Correctional Budget and Impact Note Act, all
18 as amended. All such notes shall be filed with the Secretary
19 with a time stamp endorsing the date and time received, and
20 shall then be attached to the original of the bill and be
21 available for inspection by the members. As soon as
22 practicable, the Secretary shall provide a copy of the note
23 to the Legislative Reference Bureau, which shall provide an
24 informative summary of the note in subsequent issues of the
25 Legislative Digest.
26 ARTICLE VI
27 RESOLUTIONS AND CERTIFICATES OF RECOGNITION
28 6-1. Resolutions. (a) A resolution shall be introduced
29 in the Senate by sponsorship of one or more members of the
30 Senate, and the names of all sponsors shall be printed in the
31 Senate Journal and in the Legislative Digest. Each
32 resolution introduced shall be accompanied by twelve copies.
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1 (b) Any resolution calling for the expenditure of state
2 funds may only be adopted by a roll call vote of a majority
3 of those elected.
4 (c) The Secretary shall periodically print a Resolutions
5 Consent Calendar, which the Secretary shall periodically
6 distribute prior to its consideration by the Senate
7 (generally the last daily session of the week). No debate
8 shall be in order regarding any resolution appearing on the
9 Resolutions Consent Calendar. All resolutions appearing on
10 the Resolution Consent Calendar may be adopted in one motion;
11 however, any Senator may vote "no" or "present" on any
12 resolution appearing on the Resolutions Consent Calendar by
13 providing written notice of such intention to the Secretary
14 prior to the vote on the Resolutions Consent Calendar. Prior
15 to the adoption of any resolution on the Resolution Consent
16 Calendar, if any three members file with the Secretary a
17 written objection to the presence of a resolution thereon,
18 such resolution shall be removed from the Resolutions Consent
19 Calendar and be automatically referred to the Rules
20 Committee.
21 6-2. State Constitutional Amendments. All resolutions
22 introduced in the Senate proposing amendments to the
23 Constitution shall be printed in the same manner in which
24 bills are printed. Every such resolution which originated in
25 the House and is presented to the Senate shall be ordered
26 printed in like manner unless the resolution has been
27 similarly printed by the House in the same form in which it
28 was presented to the Senate. No such resolution may be
29 adopted unless read in full in its final form on three
30 different days. Amendments to such resolutions may be in
31 order on the initial first and second readings only.
32 6-3. Federal Constitutional Amendments and
33 Constitutional Conventions. The affirmative vote of
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1 three-fifths of those elected shall be required to adopt any
2 resolution:
3 1. requesting Congress to call a federal constitutional
4 convention;
5 2. ratifying a proposed amendment to the Constitution
6 of the United States; or
7 3. to call a state convention to ratify a proposed
8 amendment to the Constitution of the United States.
9 6-4. Certificates of Recognition. Any member may
10 sponsor a certificate of recognition to be signed by the
11 member and attested by the Secretary to recognize any person,
12 organization or event worthy of public commendation. The
13 form of the Certificate of Recognition shall be determined by
14 the Secretary with the approval of the President and Minority
15 Leader.
16 ARTICLE VII
17 PARLIAMENTARY PRACTICE
18 7-1. Voting within Bar. No Senator shall be permitted
19 to vote on any question before the Senate unless on the floor
20 before the vote is announced. No member of a committee may
21 vote except in person at the time of the call of the
22 committee vote. Any vote of the Senate shall be by roll call
23 whenever two Senators shall so request or whenever the
24 Presiding Officer shall so order.
25 7-2. Announcing a Roll Call Vote. When a roll call vote
26 is requested, the Presiding Officer shall put the question
27 and then announce to the Senate: "The voting is open.".
28 While the roll call is being taken, the Presiding Officer
29 shall state: "Have all voted who wish?". The voting will be
30 closed when the Presiding Officer announces: "Take the
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1 Record.". The Presiding Officer, unless an intervening
2 motion to postpone consideration by the principal sponsor is
3 made, shall then announce the results of the roll call. No
4 Senator shall be permitted to vote or to change his vote
5 after the Presiding Officer announces: "Take the Record.".
6 7-3. Decorum and Debate. (a) When any Senator is about
7 to speak or deliver any matter to the Senate, he or she shall
8 rise and address the Presiding Officer as "Mr. President.".
9 Upon being recognized by the Chair, the latter will address
10 him or her by name and thereupon, and not until then, the
11 engineer in charge of operating the microphones in the Senate
12 will give the use of the microphone to the Senator who has
13 been so recognized. The later in speaking shall confine
14 himself or herself to the subject matter under discussion and
15 avoid personalities.
16 (b) The Presiding Officer may at his or her discretion,
17 and with consideration for the efficient operation of the
18 Senate, determine whether any member shall be afforded the
19 floor for the purpose of introduction of guests in the
20 gallery. Questions affecting the rights, reputation and
21 conduct of members of the Senate in their representative
22 capacity are questions of personal privilege. A matter of
23 personal explanation does not constitute a question of
24 personal privilege.
25 (c) If any Senator in speaking (or otherwise)
26 transgresses these Senate Rules, the Presiding Officer shall,
27 or any Senator may, call him or her to order, in which case
28 the Senator so called to order shall sit down, unless
29 permitted to explain; and the Senate, if appealed to, shall
30 decide on the case without debate. If the decision be in
31 favor of the Senator called to order, he or she shall be at
32 liberty to proceed. If otherwise, and the case requires it,
33 he or she shall be liable to the censure of the Senate.
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1 (d) If any Senator be called to order for words spoken
2 in debate, the person calling him or her to order shall
3 repeat the words excepted to, and they shall be taken down by
4 the Secretary. No Senator shall be held to answer or be
5 subject to the censure of the Senate for words spoken in
6 debate if any Senator has spoken in debate or other business
7 has intervened after the words spoken and before exceptions
8 to them shall have been taken.
9 (e) If two or more Senators rise at once, the Presiding
10 Officer shall name the Senator who is to speak first.
11 (f) No person shall give any signs of approbation or
12 disapprobation while the Senate is in session.
13 (g) No Senator shall speak more than five minutes on the
14 same question without the consent of the Senate, nor more
15 than twice on that question. No Senator shall speak more
16 than once until every Senator choosing to speak shall have
17 spoken. No Senator may explain his vote.
18 (h) While the Presiding Officer is putting a question,
19 no Senator shall leave or walk across the Senate Chamber.
20 When a Senator is addressing the Senate, no Senator or other
21 person entitled to the floor shall entertain private
22 discourse or pass between the speaker and the Presiding
23 Officer.
24 (i) In case of any disturbances or disorderly conduct in
25 the lobby, gallery or hallways adjoining the chamber, the
26 President shall have the power to order the same to be
27 cleared.
28 (j) All material placed on the desks of Senators shall
29 contain the name of the Senator requesting its distribution.
30 7-4. Motions, Generally. The following are general
31 rules for all motions:
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1 1. Every motion, except to adjourn, recess or postpone
2 consideration, shall be reduced to writing if the Presiding
3 Officer desires it. Unless otherwise provided in these
4 Senate Rules, no second shall be required to any motion
5 presented to the Senate. The Presiding Officer may refer any
6 motion to the Rules Committee.
7 2. Before the Senate debates a motion, the Presiding
8 Officer shall state an oral motion and the Secretary shall
9 read aloud a written motion.
10 3. After a motion is stated by the Presiding Officer or
11 read by the Secretary, it shall be deemed in the possession
12 of the Senate, but may be withdrawn at any time before
13 decision by consent of a majority of the Senate.
14 4. If a motion is divisible, any member may call for a
15 division of the question.
16 5. Any question taken under consideration may be
17 withdrawn, postponed or tabled by unanimous consent or, if
18 unanimous consent is denied, by a motion adopted by a
19 majority vote.
20 7-5. Precedence of Motions. (a) When a question is
21 under debate, no motion may be entertained except:
22 1. to adjourn to a time certain;
23 2. to adjourn;
24 3. to question the presence of a quorum;
25 4. to recess;
26 5. to lay on the table;
27 6. for the previous question;
28 7. to postpone consideration;
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1 8. to commit or recommit; and
2 9. to amend, except as otherwise provided in these
3 Senate Rules.
4 The foregoing motions shall have precedence in order in which
5 they are listed.
6 (b) During a roll call, no motion (except a motion to
7 postpone consideration) shall be in order until after the
8 announcement of the result of the vote.
9 (c) A motion to commit or re-commit, until it is
10 decided, shall preclude all amendments and debate on the main
11 question. A motion to postpone consideration, until it is
12 decided, shall preclude all amendments on the main question.
13 7-6. Verification. (a) After any roll call vote, except
14 for a vote which requires a specific number of affirmative
15 votes and which has not received the required votes, and
16 before intervening business, it shall be in order for any
17 Senator to request verification of the results of the roll
18 call.
19 (b) In verifying a roll call vote, the Presiding Officer
20 shall instruct the Secretary to call the names of those
21 Senators whose votes are to be verified. The Senator
22 requesting the verification may thereafter identify those
23 members he or she wishes to verify. If a member does not
24 answer, his or her vote shall be stricken; however, the
25 member's vote shall be restored to the roll if his or her
26 presence is recognized before the verification is completed.
27 The Presiding Officer shall determine the presence or absence
28 of each member whose name is called, and shall then announce
29 the results of the verification.
30 (c) While the results of any roll call are being
31 verified, it shall be in order for any Senator to announce
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1 his or her presence on the floor and thereby have his vote
2 verified.
3 (d) A request for a verification of the affirmative and
4 negative results of a roll call may only be made once on each
5 roll call.
6 (e) No Senator shall be permitted to vote or to change
7 his or her vote on verification.
8 7-7. Appealing a Ruling. (a) If any appeal is taken
9 from a ruling of the Presiding Officer, the Presiding Officer
10 shall be sustained unless three-fifths of the members elected
11 vote to overrule the Presiding Officer. The motion to appeal
12 requires a second, and it shall not be in order where the
13 Senate has conducted intervening business since the ruling at
14 issue was made.
15 (b) If any appeal is taken from a ruling of a committee
16 Chairperson, the Chairperson shall be sustained unless
17 three-fifths of those appointed vote to overrule the
18 Chairperson. The motion to appeal requires a second, and it
19 shall not be in order where the committee has adjourned or
20 recessed, so long as intervening business shall have
21 occurred.
22 (c) In an appeal of a ruling of the Presiding Officer or
23 Chairperson, the question is: "Shall the ruling of the Chair
24 be sustained?".
25 (d) This rule may be suspended by a three-fifths vote of
26 the members elected.
27 7-8. Previous Question. (a) A motion for the previous
28 question may be made at any time. The motion for the
29 previous question is not debatable and requires approval of a
30 majority of those elected.
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1 (b) The previous question shall be stated in the
2 following form: "Shall the main question now be put?".
3 Until the previous question is decided, all amendments and
4 debate shall be precluded. When it is decided that the main
5 question shall not be put, the main question shall be
6 considered as remaining under debate.
7 (c) The effect of the main question being ordered shall
8 be to put an end to all debate and bring the Senate to a
9 direct vote on the immediately pending motion. After a
10 motion for the previous question has been approved, unless
11 the vote on such motion suggests the absence of a quorum, it
12 shall not be in order to move for adjournment or to make any
13 other motion prior to a decision on the main question.
14 7-9. Discharge of Committee. (a) A committee may be
15 discharged from further consideration of a legislative
16 measure by a vote of three-fifths of the members elected.
17 Upon concurrence of a majority of those appointed, the Rules
18 Committee may advance any legislative measure pending before
19 it to the Senate without referral to another committee;
20 however, the Rules Committee shall not so report any bill
21 which has never been before a standing committee of the
22 Senate.
23 (b) This rule may be suspended by a vote of three-fifths
24 of the members elected.
25 7-10. Tabling. (a) A motion to lay on the table
26 applies only to the particular proposition and is neither
27 debatable nor amendable.
28 (b) A motion to table a bill or resolution shall
29 identify the bill or resolution by number. The principal
30 sponsor of a bill or resolution may, with leave of the
31 Senate, table his or her bill or resolution at any time. A
32 motion to table a committee bill that is before the Senate
-43- SRS90SR0000XXge
1 may only be adopted by a majority of those elected.
2 (c) The principal sponsor of a bill or resolution before
3 a committee may, with leave of the committee, table the bill
4 or resolution. Upon such tabling, the Chairperson of the
5 committee shall return the bill or resolution to the
6 Secretary, noting thereon that it has been tabled.
7 (d) A motion to table an amendment adopted by the Senate
8 on a voice vote or by a committee shall be in order on Second
9 Reading. A motion to table a committee amendment shall have
10 priority over a floor amendment. Motions to table amendments
11 are debatable and may be adopted by a majority vote of the
12 Senate.
13 7-11. Motion to Take from Table. (a) A motion to take
14 from the table shall require a majority of those elected
15 where the Rules Committee shall have previously recommended
16 such action by written notice filed with the Secretary;
17 otherwise, a motion to take from the table shall require a
18 three-fifths vote of the members elected.
19 (b) A bill taken from the table shall be placed on the
20 Daily Calendar on the order on which it appeared before it
21 was tabled.
22 (c) This rule may be suspended by a three-fifths vote of
23 the members elected.
24 7-12. Motion to Postpone Consideration. A motion to
25 postpone consideration on a legislative measure may not be
26 made more than once on the same bill or proposition. Unless
27 otherwise provided by these Senate Rules, a motion to
28 postpone consideration shall be granted as a matter of
29 privilege; however, no motion to postpone consideration shall
30 be in order where the involved legislative measure initially
31 received a vote of fewer than two-fifths of the members
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1 elected.
2 7-13. Motion on Different Subject. No motion or other
3 legislative measure on a subject different from that under
4 consideration shall be admitted under color of amendment.
5 7-14. Division of Question. If the question in debate
6 contains several points, any Senator may have the same
7 divided. On a motion to strike out and insert, it shall not
8 be in order to move for a division of the question. The
9 rejection of a motion to strike out and insert one
10 proposition shall not prevent a motion to strike out and
11 insert a different proposition.
12 7-15. Reconsideration. (a) A member who voted on the
13 prevailing side of a record vote on a legislative measure
14 still within the control of the Senate may on the same or
15 following day move to reconsider the vote. The motion to
16 reconsider may be laid on the table without affecting the
17 vote to which it referred. When the motion to reconsider is
18 made during the last three scheduled days of Regular Session,
19 or any time thereafter during the regular session, or at any
20 time during a veto or special session, any member may move
21 that the vote on reconsideration be taken immediately. A
22 question that requires the votes of a majority of those
23 elected or more to carry requires a majority of those elected
24 to reconsider.
25 (b) A motion to reconsider a record vote on the adoption
26 of an amendment to a bill may only be made on Second Reading.
27 An amendment adopted by the Senate on a record vote may not
28 be tabled by motion until its adoption has been reconsidered.
29 (c) If a motion to reconsider is made pursuant to this
30 rule and the motion is later tabled, the question shall not
31 be further reconsidered. This subsection (c) may be
32 suspended by a three-fifths vote of the members elected.
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1 (d) Whenever a motion to reconsider is made within the
2 time prescribed by these Senate Rules, the Secretary shall
3 not allow the bill or other subject matter of the motion to
4 pass out of the possession of the Senate until after the
5 motion has been decided or withdrawn. Such a motion shall be
6 deemed rejected if laid on the table.
7 (e) A Senator who voted "present" or failed to vote on a
8 question shall not have the right to move for
9 reconsideration.
10 (f) Upon a motion to reconsider the vote on the final
11 passage of any bill, the affirmative vote of a majority of
12 those elected shall be required to reconsider the same.
13 7-16. Motion to Adjourn. (a) A motion to adjourn is in
14 order at any time, except when a prior motion to adjourn has
15 been defeated and no intervening business has transpired.
16 (b) A motion to adjourn is neither debatable nor
17 amendable.
18 (c) The Secretary shall enter in the Journal the hour at
19 which every motion to adjourn is made.
20 (d) Unless the Presiding Officer otherwise orders, the
21 standing hour to which the Senate adjourns is 12:00 noon.
22 (e) A motion to adjourn for more than three days is not
23 in order unless both chambers of the General Assembly have
24 adopted a joint resolution permitting such adjournment.
25 7-17. Amendment to or Suspension of Rules. (a) Rules
26 may be proposed or amended only by resolution. Any such
27 resolution shall show the proposed changes in the existing
28 rules by underscoring all new matter and by crossing out with
29 a line all matter which is to be omitted or superseded.
30 (b) Any resolution proposing to amend a Senate Rule or
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1 any Joint Senate-House Rule shall, upon initial reading by
2 the Secretary, be automatically referred to the Rules
3 Committee. Resolutions for amendment of the Senate Rules or
4 any Joint Senate-House Rules may be initiated and sponsored
5 by the Rules Committee; such resolutions shall not be
6 referred to a committee and may be immediately considered and
7 adopted by the Senate.
8 (c) A resolution to amend the Senate Rules or any Joint
9 Senate-House Rules that has been reported "do adopt" or "do
10 adopt as amended" by a majority of those appointed to the
11 Rules Committee shall require the affirmative vote of a
12 majority of those elected for adoption by the Senate. Any
13 other resolution proposing to amend the Senate Rules or any
14 Joint Senate-House Rules shall require the affirmative vote
15 of three-fifths of the members elected for adoption by the
16 Senate.
17 (d) No Senate Rule or any Joint Senate-House Rule may be
18 suspended except by unanimous consent of the Senators present
19 or upon a motion supported by affirmative vote of a majority
20 of those elected unless a higher number is required in the
21 rule sought to be suspended. A committee may not suspend any
22 rule.
23 (e) This rule may be suspended by a three-fifths vote of
24 those elected.
25 7-18. Motion to Commit or Recommit. No motion to commit
26 or recommit a legislative measure to committee, being decided
27 in the negative, shall again be allowed on the same day, or
28 at the same stage of the legislative measure.
29 7-19. Effective Date. (a) A bill passed after May 31 of
30 a calendar year shall not become effective prior to June 1 of
31 the next calendar year unless an earlier effective date is
32 specified in the bill and it is approved by a three-fifths
-47- SRS90SR0000XXge
1 vote of the members elected.
2 (b) If a majority of those elected, but fewer than
3 three-fifths of the members elected, vote affirmatively for a
4 bill on Third Reading after May 31, where the bill specifies
5 an effective date earlier than the following June 1, the bill
6 shall not be declared passed, and the principal sponsor shall
7 have the right to have the bill automatically reconsidered
8 and returned to the order of Second Reading for an amendment
9 to remove the earlier effective date. The amendment, if
10 offered and approved by the Rules Committee, shall be
11 reproduced and placed on the desks of the members before the
12 bill is taken up again on the order of Third Reading.
13 7-20. Home Rule. No bill denies or limits any power or
14 function of a home rule unit, pursuant to paragraphs (g),
15 (h), (i), (j) or (k) of Section 6 of Article VII of the
16 Constitution unless there is specific language limiting or
17 denying the power or function and the language specifically
18 sets forth in what manner and to what extent it is a denial
19 or limitation of the power or function of a home rule unit.
20 If a majority of those elected, but fewer than three-fifths
21 of the members elected, vote affirmatively for a bill on
22 Third Reading which requires a vote of three-fifths of the
23 members elected to deny or limit a power of a home rule unit,
24 the bill shall not be declared passed, and the principal
25 sponsor shall have the right to have the bill automatically
26 reconsidered and returned to the order of Second Reading for
27 an amendment to remove such effects of the bill. The
28 amendment, if offered and approved by the Rules Committee,
29 shall be reproduced and placed on the desks of the members
30 before the bill is taken up again on the order of Third
31 Reading.
32 ARTICLE VIII
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1 JOINT ACTION
2 8-1. Concurring in or Receding from Amendments. (a) If
3 a bill or resolution is received back in the Senate with
4 amendments added by the House, it shall be in order for the
5 principal sponsor only to present a motion "to concur" or
6 "not to concur and ask the House to recede" with respect to
7 those amendments. Any two members may demand a separate roll
8 call on any such amendment.
9 (b) When the House has refused to concur in amendments
10 added to a bill or resolution by the Senate and has returned
11 the bill or resolution to the Senate with a message
12 requesting the Senate to recede from its amendments, it shall
13 be in order to present a motion "to recede" from the Senate
14 amendments or "not to recede and to request a conference".
15 Any two members may demand a separate roll call on any such
16 amendments.
17 8-2. Conference Committees. (a) A disagreement between
18 the Senate and House exists with respect to any bill or
19 resolution in the following situations:
20 1. when the House refuses to recede from the adoption of
21 any amendment, after the Senate has previously
22 refused to concur in the amendment; or
23 2. when the Senate refuses to recede from the adoption
24 of any amendment, after the House has previously
25 refused to concur in the amendment.
26 In such cases of disagreement between the Senate and House,
27 the Senate may request a conference. When such a request for
28 conference is made, both chambers of the General Assembly
29 shall appoint a committee to confer with the other on the
30 subject of the bill or resolution giving rise to such
31 disagreement. The combined committees of the two chambers
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1 appointed for such purpose is the conference committee.
2 (b) The conference committee shall consist of an equal
3 number of members of each Chamber of the General Assembly.
4 The number of majority caucus members from each chamber shall
5 be one more than the number of minority caucus members from
6 each chamber. A conference committee shall consist of five
7 members from each chamber.
8 (c) In addition to the House members thereof, each
9 conference committee shall be comprised of five Senators,
10 three of whom shall be appointed by the President and two of
11 whom shall be appointed by the Minority Leader. No
12 conference committee report may be filed with the Secretary
13 until a majority of the Senate conferees has been appointed.
14 8-3. Conference Committee Reports. (a) No subject
15 shall be included in any conference committee report on any
16 bill unless such subject matter directly relates to the
17 matters of difference between the Senate and House which have
18 been referred to the conference committee unless the Rules
19 Committee, by a majority vote of the members appointed,
20 determines that the proposed subject matter is of an
21 emergency nature or is of substantial importance to the
22 operation of government or in the best interests of Illinois.
23 (b) No conference committee report shall be received by
24 the Secretary or acted upon by the Senate unless it has been
25 signed by at least six conferees. Such report shall be
26 signed in duplicate. One of the reports shall be filed with
27 the Clerk of the House and one with the Secretary. The
28 report shall contain the agreements reached by the committee.
29 (c) In the event the conference committee determines
30 that it is unable to reach agreement, the committee shall so
31 report to each chamber of the General Assembly and request
32 appointment of a second conference committee. In the event
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1 of agreement, the committee shall so report to each chamber.
2 8-4. Prerequisites for Senate Consideration. (a) No
3 joint action motion for final action or conference committee
4 report may be considered by the Senate unless it has first
5 been approved by the Rules Committee in accordance with Rule
6 3-8, or unless the joint action motion or conference
7 committee report shall have first been discharged from the
8 Rules Committee pursuant to Rule 7-9.
9 (b) No conference committee report may be considered by
10 the Senate unless it shall first have been reproduced and
11 distributed on the members' desks for one full session day.
12 (c) Prior to any conference committee report on an
13 appropriation bill being considered by the Senate, such
14 conference committee report shall first be the subject of a
15 public hearing by the standing Appropriations Committee (the
16 conference committee report need not be referred to the
17 Appropriations Committee, but instead may remain before the
18 Rules Committee or the Senate, as the case may be). Such
19 hearing shall be held pursuant to not less than one hour
20 advance notice by announcement on the Senate floor, or one
21 day advance notice by posting on the Senate bulletin board.
22 The Appropriations Committee shall not issue any report with
23 respect to any conference committee report following any such
24 hearing.
25 (d) Any Senate Bill amended in the House and returned to
26 the Senate for concurrence in the House amendment shall lie
27 upon the desk of the Secretary for not less than four hours
28 before being further considered. No Senate Bill which shall
29 be returned to the Senate with House amendments shall be
30 called except by the principal sponsor.
31 (e) The report of a conference committee on a
32 non-appropriation bill or resolution shall be confined to the
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1 subject of the bill or resolution referred to the conference
2 committee. The report of a conference committee on an
3 appropriations bill shall be confined to the subject of
4 appropriations.
5 8-5. Action on Conference Committee Reports. (a) Each
6 chamber of the General Assembly shall inform the other by
7 message of any action taken with respect to a conference
8 committee report. Copies of all papers necessary to a
9 complete understanding of any such action shall accompany
10 such message. The original bill or resolution shall remain
11 in the chamber of origin.
12 (b) In the event that either chamber refused to adopt
13 the report of the conference committee, or the first
14 conference committee is unable to reach agreement, either
15 chamber may request a second conference committee. When such
16 a request is made, each chamber shall again appoint a
17 conference committee. In the event either chamber refuses to
18 adopt the report of a second conference committee, the two
19 chambers shall have adhered to their disagreement, and the
20 bill or resolution is lost.
21 ARTICLE IX
22 VETOES
23 9-1. Recording of Vetoes. Upon the receipt by the
24 Senate of any bill returned by the Governor under any of the
25 provisions of Article IV, Section 9 of the Constitution, the
26 Secretary shall enter the objections of the Governor on the
27 Journal, and shall distribute copies of all veto messages to
28 each member's desk, together with copies of the vetoed bill
29 or item, as soon as practicable.
30 9-2. Motions to Consider Vetoes. For purposes of this
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1 Article, the term "motions" shall mean those motions to
2 accept or override a veto of the Governor. Motions with
3 respect to bills returned by the Governor may be made by the
4 principal sponsor, the committee chairperson in the case of a
5 committee bill, or by any member who voted on the prevailing
6 side on the vote on final passage of the bill in question.
7 Every motion shall be filed in writing with the Secretary,
8 prior to any consideration thereof by the Senate. If more
9 than one motion is filed with respect to any bill, all such
10 motions shall be heard at the time the bill is called;
11 however, after such a motion is adopted, no other motion on
12 that veto may be considered. The motion of the principal
13 sponsor or chairperson, in the case of committee bills, shall
14 be considered first and all other motions considered in the
15 order filed. If the principal sponsor does not call a bill
16 within eight calendar days after the Governor's objections to
17 such bill are entered in the Journal, thereafter any person
18 filing such a motion may call such bill.
19 9-3. Consideration of Motions. (a) The vote to
20 override a bill vetoed in its entirety shall be by roll call
21 vote and shall be entered on the Journal. The form of motion
22 with respect to such bills shall be: "I move that ______
23 Bill _____ do pass, the veto of the Governor to the contrary
24 notwithstanding."
25 (b) The vote to override an item veto shall be by roll
26 call vote as to each item separately and shall be entered on
27 the Journal. The form of motion with respect to such item
28 shall be: "I move that the item on page _____, line _____,
29 of _____ Bill ______, do pass, the item veto of the Governor
30 to the contrary notwithstanding."
31 (c) The vote to restore an item which has been reduced
32 shall be by roll call vote as to each item separately and
33 shall be entered on the Journal. The form of motion with
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1 respect to such items shall be: "I move the item on page
2 _____, line _____, of _____ Bill ______ be restored, the item
3 reduction of the Governor to the contrary notwithstanding."
4 (d) A bill returned together with specific
5 recommendations of the Governor may be acted upon in either
6 of the following manners:
7 1. By a motion to accept the specific recommendations of
8 the Governor. The form of motion in this event shall
9 be: "I move to accept the specific recommendations
10 of the Governor as to _____ Bill _____ in manner and
11 form as follows: (inserting herein the language
12 deemed necessary to effectuate the specific
13 recommendations)"; or
14 2. By considering the bill as a vetoed bill and
15 overriding the recommendation and passing the bill in
16 its original form. The form of motion in this event
17 shall be: "I move that _____ Bill _____ do pass, the
18 specific recommendations of the Governor to the
19 contrary notwithstanding."
20 9-4. Vetoed Bills Considered in Entirety. In the event
21 a bill is returned by the Governor containing more than one
22 veto, reduction, specific recommendation, or combination
23 thereof, the bill shall be acted upon in its entirety before
24 the bill is released from the custody of the Senate.
25 9-5. Disposition of Vetoes. When a bill or item has
26 received the affirmative vote of at least three-fifths of the
27 members elected (as to overrides of outright vetoes, item
28 vetoes and specific recommendations for change) or the
29 affirmative vote of at least a majority of those elected (as
30 to overrides of reductions or acceptances of specific
31 recommendations for change), the Presiding Officer shall
32 declare that the bill or item has been passed or restored
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1 over the veto of the Governor, or that the specific
2 recommendations for change have been approved, as the case
3 may be. The bill shall then be so certified by the Secretary
4 who shall note thereon the day the bill passed. Such bill
5 and the objections of the Governor thereto shall then be
6 immediately delivered to the House. When specific
7 recommendations have been accepted, then such accepting
8 language shall be attached to the original bill which bill
9 shall be delivered to the House.
10 ARTICLE X
11 NOMINATIONS
12 10-1. Nominations. (a) Every nomination subject to
13 confirmation by the Senate shall be referred to the Executive
14 Appointments Committee in accordance with Rule 3-6;
15 nominations may also be considered by other committees in
16 accordance with these Senate Rules. Each nominee shall be
17 required to appear in person before that meeting of a
18 committee convened for the purpose of considering the
19 qualifications of the person for the office to which he or
20 she has been nominated. The appearance of the nominee may be
21 waived by the committee by a vote of a majority of those
22 appointed.
23 (b) The Executive Appointments Committee shall, six days
24 prior to any of its meetings, post a notice on the Senate
25 bulletin board indicating the nominees to be considered at
26 its next meeting and the time, date and place of such
27 meeting. The Chairperson of such committee shall provide a
28 copy of such notice to the Governor's Office of Legislative
29 Affairs, which shall be responsible for notifying each
30 nominee scheduled to be considered of the date, time and
31 place of hearing.
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1 (c) On considering the report of the Executive
2 Appointments Committee on a nomination, the Presiding
3 Officer shall put the following question: "Does the Senate
4 advise and consent to the nomination just made?" Whenever a
5 group of nominees has been submitted together, five or more
6 members may request the question be put and the vote
7 separately taken upon each of the individuals in said group.
8 The Senate may determine, by a majority vote of those
9 elected, after having voted upon the question of one or more
10 of the nominees individually, to act upon the question of the
11 remaining nominees in that group as a unit.
12 (d) While any nomination remains with the Senate, it
13 shall be in order to reconsider any vote taken thereon,
14 subject to the provisions of Rule 7-15 not related to the
15 time for making such a motion.
16 ARTICLE XI
17 ELECTION CONTESTS AND QUALIFICATIONS CHALLENGES
18 11-1 Election Contests and Qualifications Challenges.
19 (a) An election contest shall place in issue only the
20 validity of the results of an election of a member to the
21 Senate in a legislative district. An election contest may
22 result only in a determination of which candidate in such an
23 election was properly elected to the Senate and shall be
24 seated.
25 (b) A qualifications challenge shall place in issue only
26 the qualifications of an incumbent member of the Senate under
27 the Constitution, or the legality of an appointment of a
28 person as a member of the Senate to fill a vacancy. A
29 qualifications challenge may result only in a determination
30 of whether a member of the Senate is properly seated.
31 (c) In addition to complying with any statutory
32 requirements, election contests and qualifications challenges
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1 shall be brought and conducted as provided in these Rules.
2 (d) Each election contest and qualifications challenge
3 filed with the Senate shall be referred by the President to
4 the Senate Special Committee on Election Contests.
5 (e) The Senate Special Committee on Election Contests
6 shall be composed of five Senate members: three members
7 appointed by the President of the Senate and two members
8 appointed by the Minority Leader of the Senate. The
9 President shall designate from the majority caucus appointees
10 the Chairperson and Vice-Chairperson. The Minority Leader
11 shall designate from the minority caucus appointees the
12 Minority Spokesperson. The Chairperson and Minority
13 Spokesperson are prohibited from receiving any additional
14 compensation for their services to the committee. The
15 Senate Special Committee on Election Contests shall be
16 empowered to conduct business when a majority of the total
17 number of committee members has been appointed.
18 (f) The majority caucus members of the Senate Special
19 Committee on Election Contests shall serve at the pleasure of
20 the President, and the minority caucus members shall serve at
21 the pleasure of the Minority Leader. Appointments thereto
22 shall be by notice filed with the Secretary, and shall be
23 effective for the balance of the term or until a replacement
24 appointment is made, whichever shall first occur.
25 Appointments shall take effect upon filing with the Secretary
26 regardless of whether the Senate shall be in session.
27 Notwithstanding any other provision of these Senate Rules,
28 any Senator who shall be replaced on the Senate Special
29 Committee on Election Contests may be reappointed to the
30 Senate Special Committee on Election Contests without
31 concurrence of the Senate.
32 (g) The contestant and contestee shall bear their
33 respective legal expenses. The Senate shall pay no legal fees
34 to any attorneys representing either the contestant or
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1 contestee.
2 (h) The committee may adopt rules to govern election
3 contests and qualifications challenges, provided that such
4 committee rules must be consistent with these Rules, must be
5 filed with the Secretary, and must be made available to all
6 parties and to the public. Any committee rule shall be
7 subject to amendment, suspension or repeal by Senate
8 resolution.
9 11-2. Initiating Election Contests.
10 (a) Election contests may be brought only by a registered
11 voter of the legislative district or by a member of the
12 Senate.
13 (b) Election contests may be brought only by the
14 procedures and within the time limits established by the
15 Election Code. Notice of intention to contest shall be
16 served on the person certified as elected to the Senate from
17 the legislative district within the time limits established
18 by the Election Code. The requirements of this subsection
19 shall be applicable to a member of the Senate appointed to
20 fill a vacancy the same as if that member had been elected to
21 the Senate.
22 (c) Within 10 days of the convening of the Senate in
23 January following the general election contested, each
24 contestant shall file with the Secretary a petition of
25 election contest and shall serve such petition on the
26 incumbent member of the Senate from the legislative district.
27 A petition of election contest shall allege the contestant's
28 qualifications to bring the contest and to serve as a member
29 of the Senate, that he or she believes that a mistake or
30 fraud had been committed in specified precincts in the
31 counting, return or canvass of the votes or that there was
32 some other specified irregularity in the conduct of the
33 election in specified precincts. A petition of election
34 contest shall contain a prayer specifying the relief
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1 requested and the precincts in which a recount or other
2 inquiry is desired. A petition of election contest shall be
3 verified by affidavit swearing to the truth of the
4 allegations or based upon information and belief, and shall
5 be accompanied by proof of service on all respondents.
6 (d) A notice of intent to contest may not be amended to
7 cure a defect under the statutory requirements. A petition
8 of election contest, if filed and served subsequent to the
9 notice of intention to contest, may not raise points not
10 expressed in the notice.
11 (e) The incumbent member of the Senate from the
12 legislative district shall be a necessary party to the
13 initiation of an election contest.
14 11-3. Initiating Qualifications Challenges.
15 (a) Qualifications challenges may be brought only by a
16 registered voter of the legislative district of the Senator
17 challenged or by a member of the Senate.
18 (b) Qualifications challenges must be brought within 90
19 days of the day the challenged member takes his or her oath
20 of office as a member of the Senate, or within 90 days of the
21 day the petitioner first learns of the information on which
22 the challenge is based, whichever occurs later.
23 (c) A qualifications challenge shall be brought by
24 filing a petition of qualifications challenge with the
25 Secretary, and by serving a copy of the petition on the
26 respondent member of the Senate. The petition must be
27 accompanied by proof of personal service upon the respondent
28 member and must be verified by affidavit swearing to the
29 truth of the allegations or based upon information and
30 belief. A petition of qualifications challenge shall set
31 forth the grounds on which the respondent member is alleged
32 to be constitutionally unqualified, or on which his or her
33 appointment to the Senate is claimed to be legally improper,
34 the qualifications of the petitioner to bring the challenge,
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1 and a prayer for relief.
2 11-4. Contests and Challenges--Due Process.
3 (a) Election contests and challenges shall be heard and
4 determined as expeditiously as possible under adversary
5 procedures wherein each party to the proceedings has a
6 reasonable opportunity to present his or her claim, any
7 defense and arguments, and to respond to those of his or her
8 opponents. All parties may be represented by counsel.
9 (b) In addition to notice of meetings required under
10 these Rules, the committee and any subcommittee shall give
11 notice to all parties reasonably in advance of each meeting
12 or other proceeding. The committee shall also give notice of
13 all rules, timetables or deadlines adopted by the committee.
14 Notice under this subsection shall be in writing and shall be
15 given either personally with receipt, or by certified mail
16 (return receipt requested) addressed to the party at his or
17 her place of residence and to his or her attorney of record
18 at his or her office if so requested by the party.
19 11-5 Committee Proceedings and Powers in Contests and
20 Challenges.
21 (a) All proceedings of the committee and any
22 subcommittees concerning election contests and qualifications
23 challenges shall be transcribed by a certified court
24 reporter. Copies of the transcript shall be made available
25 to the members of the committee and to the parties.
26 (b) The committee may make recommendations to the Senate
27 and may limit the issues to be determined in a contest or
28 challenge. The Senate may dismiss an election contest or
29 qualifications challenge, or may determine to proceed to a
30 recount or other inquiry.
31 (c) In conducting inquiries, investigations and recounts
32 in election contests and qualifications challenges, the
33 committee shall have the power to send for and compel the
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1 attendance of witnesses and the production of books, papers,
2 ballots, documents and records, by subpoena signed by the
3 Chairperson of the committee as provided by law. In
4 conducting proceedings in election contests and
5 qualifications challenges, the Chairperson of the committee
6 and the Chairperson of any subcommittee may administer oaths
7 to witnesses, as provided by law, and for this purpose a
8 subcommittee shall be deemed to be a committee of the Senate.
9 (d) The committee may issue commissions by its
10 Chairperson to any officer authorized to take depositions of
11 any necessary witnesses as may be permitted by law. In
12 recounting the ballots in any election contest, however, no
13 person other than a member of the committee shall handle any
14 ballots, tally sheets, or other election materials without
15 the consent of the committee or subcommittee. The
16 responsibility for the actual recounting of ballots may not
17 be delegated.
18 (e) The committee shall maintain an accurate and
19 complete record of proceedings in every election contest and
20 qualifications challenge. Such record shall include all
21 notices and pleadings, the transcripts, and roll call votes,
22 all reports and dissents, and all documents which were
23 admitted into the proceeding. The committee shall file the
24 record with the Secretary of the Senate upon the adoption of
25 its final report. The record shall then be available for
26 examination in the Secretary's office.
27 (f) With the approval of the President, the committee
28 may employ clerks, stenographers, court reporters,
29 professional staff and messengers.
30 11-6. Adoption of Reports in Contests and Challenges.
31 (a) All final decisions of the committee regarding an
32 election contest or qualification challenge shall be reported
33 in writing to the Senate, and approved by a majority of the
34 members of the committee. Reports shall include a specific
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1 recommendation to the Senate as to the disposition of the
2 contest or challenge. Final reports following full inquiry on
3 the merits of a contest or challenge shall contain all of the
4 committee's findings.
5 (b) Any member of the committee may file a dissent from
6 a report of the committee, a minority report, or a special
7 concurrence with the majority report or with any minority
8 report.
9 (c) A subcommittee shall report to the committee in
10 writing in the same form as required for the committee
11 report. Subcommittee members may file dissents, reports or
12 special concurrences.
13 (d) Reports shall not be adopted by the committee or a
14 subcommittee until a hearing has been held thereon, with
15 notice to all parties and a reasonable opportunity to examine
16 and respond to a proposed majority report.
17 (e) Reports of the committee shall be filed with the
18 Secretary, printed and placed on the members' desks, along
19 with any dissents, minority reports or special concurrences.
20 The report shall be listed on the calendar under the heading
21 "Report of Election Contest" or "Report of Qualifications
22 Challenge". The report shall be carried on the Daily
23 Calendar for two legislative days prior to any action by the
24 Senate.
25 (f) The Senate shall adopt the majority report or a
26 minority report in an election contest or qualifications
27 challenge or shall refuse to adopt any report filed and
28 re-refer the contest or challenge to the committee for
29 further proceedings or for a modified report. A report which
30 has the effect of unseating an incumbent member of the Senate
31 shall be adopted only upon an affirmative vote of 30 members.
32 ARTICLE XII
33 DISCIPLINE AND PROTEST
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1 12-1. Disorderly Behavior. (a) In accordance with
2 Article IV, Section 6(d) of the Constitution, the Senate may
3 punish any of its members for disorderly behavior and, with
4 the concurrence of two-thirds of the members elected, expel a
5 Senator (but not for a second time for the same cause). The
6 reason for such expulsion shall be entered upon the Journal
7 with the names and votes of those Senators voting on the
8 question.
9 (b) In accordance with Article IV, Section 6(d) of the
10 Constitution, the Senate during its session may punish by
11 imprisonment any person other than a Senator guilty of
12 disrespect of the Senate by disorderly or contemptuous
13 behavior in its presence. Such imprisonment shall not extend
14 beyond 24 hours at one time unless the person persists in
15 disorderly or contemptuous behavior.
16 12-2. Protest. Any two Senators shall have the right to
17 dissent and protest, in respectful language, against any act
18 or resolution which they may think injurious to the public or
19 to any individual, and have the reason of their protest
20 entered upon the Journal. When by motion a majority of
21 Senators determine that the language of a protest is not
22 respectful, such protest shall be referred back to the
23 protesting Senators.
24 ARTICLE XIII
25 FORCE AND EFFECT
26 13-1. Applicability. The meetings and actions of the
27 Senate, including all of its committees, shall be governed by
28 these Senate Rules.
29 13-2. Robert's Rules. The rules of parliamentary
30 practice appearing in the 1981 edition of Robert's Rules of
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1 Order shall govern the Senate in all cases to which they are
2 applicable, providing that they are not inconsistent with
3 these Senate Rules.
4 13-3. Certification by President. With respect to any
5 bill that has been passed by the Senate and has been
6 certified by the President in accordance with Article IV,
7 Section 8(d) of the Constitution, there shall be an
8 irrebuttable presumption that all of these Senate Rules have
9 been fully complied with in obtaining such passage.
10 13-4. Effective Date. These rules shall be in full
11 force and effect upon their adoption, and shall remain in
12 full force and effect except as amended in accordance
13 herewith, or until superseded by new rules adopted as part of
14 the organization of a newly-constituted General Assembly at
15 the commencement of a term.