senate resolution no.2
Senator Shirkey offered the following resolution:
A resolution prescribing the Standing Rules of the Senate.
CHAPTER I – SECTION I
SENATE ORGANIZATION
1.000 TRANSMISSION OF MESSAGES.
Rule 1. All messages necessary for conducting legislative business
between the two houses shall be communicated in writing and delivered in hard copy and electronically by the Secretary of
the Senate and the Clerk of the House of Representatives
1.101 PRESIDING OFFICER
a) The
Lieutenant Governor shall be the President of the Senate and shall preside over
all sessions of the Senate or, in his or her absence,. IF THE LIEUTENANT GOVERNOR IS ABSENT,
the President pro tempore, Assistant President pro tempore, or Associate
President pro tempore shall preside.
b) The
Lieutenant Governor may vote only when the Senators are equally divided in
their vote (see Const. Art. 5, Sec. 25).
c) In the
absence of the President of the Senate, President pro tempore, Assistant
President pro tempore, or and Associate President pro tempore,
the Secretary of the Senate shall preside until the Senate shall appoint a
Senator to act as presiding officer or until the President of the Senate,
President pro tempore, Assistant President pro tempore, or Associate President
pro tempore shall appear. In the absence of all Senators, or all but one
(1) Senator, the Secretary of the Senate shall preside.
1.102
AUTHORITY OF THE PRESIDENT OF THE SENATEPRESIDING OFFICER
a) The
presiding officer shall call the Senate to order at the hours provided by the
Constitution, and by these rules, and or at the hour established
by the Senate at its last meeting.
b) Unless
Except as proved in Rule 1.205 (b) is in effect,
following the invocation and Pledge of Allegiance, the presiding officer shall
instruct the Secretary of the Senate to record the attendance. The attendance
roll call shall be taken by using the electronic voting system for one
(1) minute,; except for however, on the first session in
January, or if the electronic voting system is not operational, the
presiding officer shall instruct the Secretary of the Senate to call the roll
orally and record and announce the results.
1.103
THE PRESIDENT OF THE SENATE'S PRESIDING OFFICER’S CONTROL WITHIN THE CHAMBER
The
presiding officer shall preserve order and decorum and shall have general
control within the Chamber. During every session of the Senate, the Sergeant at
Arms is under the direct supervision of the presiding officer. Every question
of order and procedure shall be decided by the presiding officer, subject to an
appeal by the Senate.
1.104
ELECTION OF SENATE OFFICERS
a) A At the first session of a
quadrennium, a President pro tempore, Assistant President pro tempore, and
Associate President pro tempore shall be elected by a vote of a majority of the
Senators elected and serving. They shall be elected at the first session of
a quadrennium. All officers elected by the Senate are to hold office
until their successors are elected and qualified or until the expiration of
their Senate term, whichever occurs first.
b) Prior
to the commencement of the quadrennium session, the majority party shall meet
in an organizational caucus and elect a Majority Leader, Majority Floor Leader,
Majority Whip, Majority Caucus Chairperson, Assistant Majority Leader,
Assistant Majority Floor Leader, Assistant Majority Whip, and Assistant
Majority Caucus Chairperson. At a similar organizational caucus, the minority
party shall elect a Minority Leader, Minority Floor Leader, Minority Whip,
Minority Caucus Chairperson, Assistant Minority Leader, Assistant Minority
Floor Leader, Assistant Minority Whip, and Assistant Minority Caucus
Chairperson.
c) All
majority party Senate Officers officers shall serve at the
pleasure of the majority party caucus. All minority party Senate Officers
officers shall serve at the pleasure of the minority party caucus.
d) All
majority and minority party caucuses shall be subject to the
provisions of Section 8 of the Open Meetings Act (see MCL 15.268).
1.105
APPOINTMENT OF COMMITTEES
a) The
Senate Majority Leader shall appoint all committees except when the Senate
shall otherwise order. The Senate Majority Leader may appoint subcommittees of
standing committees when some of the members of that subcommittee are not also
members of that standing committee. Such subcommittees shall contain at least
one (1) majority member and one (1) minority member who are members of that
standing committee and shall have at least one (1) more majority party member
than minority party member. Make appointments
of Senators to committees and subcommittees established under these rules. The
Senate Majority Leader shall make appointments of minority party members from a
list submitted by the senate minority leader, and shall consider the
preferences, seniority, and experience of the members in making appointments.
The Senate Majority Leader may accept the list submitted by the Senate Minority
Leader in whole or in part. If the Senate Majority Leader rejects names on the
list and their corresponding committee assignments, the Senate Minority Leader
shall submit replacement nominations.
b) The
Senate Majority Leader shall make appointments of minority party members from a
list submitted by the Senate Minority Leader, and shall consider the
preferences, seniority, and experience of the members in making appointments.
The Senate Majority Leader may accept the list submitted by the Senate Minority
Leader in whole or in part. If the Senate Majority Leader rejects names on the
list and their corresponding committee assignments, the Senate Minority Leader
shall submit replacement nominations.
b) The Senate Majority Leader may remove members
from their appointment to committees and subcommittees established under these
rules.
c) c) All
appointments to standing and select committees and subcommittees appointed
by the Senate Majority Leader shall be are subject to the approval
of the Senate given by a majority of the Senators elected and serving. All removals
from committees and subcommittees and all appointments to conference
committees shall be effective upon the removal or appointment by the
Senate Majority Leader until disapproved by the Senate given by a majority of
the Senators elected and serving.
1.106
ELECTION OF A SECRETARY OF THE SENATE
A At the first session of a quadrennium, a Secretary of the Senate shall be elected as an
officer of the Senate. The Secretary of the Senate shall take and subscribe to
the Constitutional Oath of Office for the true and faithful discharge of the
duties of office. The Secretary of the
Senate shall serve until a successor is elected and qualified. If a vacancy
occurs in the office of the Secretary of the Senate, the Assistant Secretary of
the Senate shall assume the duties of the Secretary of the Senate until a
successor is elected and qualified.
1.107
SENATE PARLIAMENTARIAN
The
Secretary of the Senate, or a member of the staff of the Secretary of the
Senate, shall serve as the Senate Parliamentarian to advise the Senate on
questions relating to parliamentary law and procedure.
1.108
SENATE BROADCAST AND WEBCAST
The
Secretary of the Senate, with the concurrence of the Senate Majority Leader, is
authorized to may broadcast and webcast Senate session.
1.109
SENATE JOURNALS
a) The
Secretary of the Senate shall keep a correct Journal of each day's proceedings
of the Senate, supervise its publication, and make corrections from day to day
as may be necessary. During the consideration and passage of general and
supplemental appropriation bills, the Secretary of the Senate is
authorized to may correct summative totals that may have been
affected by amendments made to items in the bill bills. The
corrections shall be made in the bill bills and the Journal.
b) The
Secretary of the Senate shall have make
the Journal made available online to the offices of daily for use by the President of the
Senate and, Senators, daily, and shall make the Journal
available to and the general
public.
c) When
the Senate goes into Executive Session, the proceedings of the Senate shall be
kept in a separate Journal, which shall be open to inspection by Senators only,
unless otherwise ordered. Such the
separate Journal shall be published after the close of the session,
at the end of the regular Journals of the Senate proceedings, unless otherwise
ordered by the Senate.
1.110
INTRODUCTION OF BILLS, JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES
a) All
bills, joint resolutions, and alternative measures to be introduced shall be
submitted to the Secretary of the Senate to be available, accompanied
by seven true copies, for introduction on the next succeeding Senate
legislative day, and accompanied by eight (8) true copies. Only a
currently serving Senator may sign a bill, joint resolution, or alternative
measure for introduction. Once submitted to the Secretary of the Senate,
all bills, joint resolutions, and alternative measures become the property of
the Senate and cannot be withdrawn. Each bill, conference report, substitute
bill, joint resolution, and alternative measure shall be approved as to form
and numbering of sections by the Legislative Service Bureau prior to being
submitted for introduction submission to the Secretary of the Senate.
Bills, joint resolutions, and alternative measures may be submitted for
introduction during the interim between legislative sessions.
b) Each
Senate bill, joint resolution, and alternative measure shall be read a first and second time by title when introduced in the Senate. and each Each House bill, joint resolution, and
alternative measure shall be read a
first and second time by title when first received from the House shall
be read a first and second time by title.
c) At any
time after introduction and upon final action on a Senate bill, joint
resolution, or alternative measure, Senators may move to co-sponsor the bill,
joint resolution, or alternative measure when it is in possession of the
Senate. Senators may also submit a written request to the Secretary of the
Senate to be added as a co-sponsor of the bill, joint resolution, or
alternative measure, and the Secretary of the Senate shall print the request in
the Journal as an official communication under Senate Rule 3.105. After final passage of a Senate bill or adoption of a Senate joint
resolution or alternative measure, or upon final action on a Senate bill, joint
resolution, or alternative measure returned from the House, the presiding
officer may open the voting board to allow Senators to add their names as
co-sponsors.
d) A sponsor or co-sponsor may move to remove his or her name from a Senate
bill, joint resolution, or alternative measure when it is in possession of the
Senate, provided that at least one (1) Senator remains listed as the
sponsor. A sponsor or co-sponsor may
also submit a written request to the Secretary of the Senate to remove his or
her name from a Senate bill, joint resolution, or alternative measure when it
is in possession of the Senate, provided that at least one (1) Senator
remains listed as the sponsor, and the Secretary of the Senate shall print the
request in the Journal as an official communication under Senate rule 3.105.
1.111
NUMBERING, LETTERING, AND PRINTING OF BILLS, JOINT RESOLUTIONS, AND
ALTERNATIVE MEASURES
a) The
Secretary of the Senate shall assign numbers to all Senate bills, resolutions, and alternative measures
in the order they are submitted for introduction. The Secretary of the Senate All joint resolutions shall be
assigned assign letters to all joint resolutions in the order
they are submitted for introduction.
b) The
Secretary of the Senate shall attend to the printing or and
reproduction of all bills, resolutions, joint resolutions, alternative
measures, acts, or and other documents ordered printed or
reproduced by the Senate. The heading of every bill, resolution, joint
resolution, and alternative measure ordered or reproduced shall contain
the number of the bill, resolution, or alternative measure or letter of
the joint resolution,; name of the Senator or Senators
introducing the bill, resolution, joint resolution, or alternative
measure,; date of introduction,; and the name of
the committee to which the bill, resolution, joint resolution, or
alternative measure is referred (see Const. Art. 4, Sec. 26).
1.112
ANNOUNCEMENT OF PRINTING AND ENROLLMENT OF BILLS, JOINT RESOLUTIONS, AND
ALTERNATIVE MEASURES
The
Secretary of the Senate shall print in the Journal each day (a) the number
of all Senate and House bills, resolutions, and alternative measures and
letters of all joint resolutions which that have been printed or
reproduced and distributed to the offices of the President of the Senate and
Senators, and (b) the numbers of the Senate bills which that
have been enrolled and presented to the Governor.
1.113
CARE AND PRESERVATION OF BILLS, RESOLUTIONS, AND ALTERNATIVE MEASURES
The
Secretary of the Senate shall be responsible to the Senate for the care and
preservation of every bill, resolution, joint resolution, and
alternative measure introduced in the Senate and each bill, resolution, and
alternative measure received from the House, which responsibility shall only be
relieved by a receipt from an authorized person.
1.114
ENROLLMENT OF BILLS AND PRESENTATION TO THE GOVERNOR
a) After a
Senate bill has passed both Hhouses, the Secretary of the Senate
shall attend to the enrollment printing of the bill. The Secretary of
the Senate shall present the enrolled bill to the Governor, obtaining and
obtain a receipt, on which verifying the exact date and time shall
be shown for the bill was deposited in the Executive Office.
b) The Unless otherwise by the Senate, the
Secretary of the Senate may be authorized by a motion to enroll a Senate
bill while the Senate is not in session if that bill has passed both Hhouses and no action is pending on the bill. The Secretary of the
Senate shall notify the Senate of such action on the next Senate legislative
day.
c) When a
Senate bill is approved by the Governor, the Secretary of the Senate shall
obtain a receipt from the Governor's Executive oOffice verifying the exact date and time the bill
was filed with the Secretary of State. At the end of each year, the Secretary
of the Senate shall deposit with the Secretary of State the official printed
copy of the Senate bill as passed by both Hhouses and obtain a receipt.
1.115
ENROLLMENT OF JOINT RESOLUTIONS AND ALTERNATIVE MEASURES
a) After a
Senate joint resolution or alternative measure has been adopted by both Hhouses, the Secretary of the Senate
shall attend to the enrollment printing. The Secretary of the Senate shall
certify and file the enrolled joint resolution or alternative measure with the
Secretary of State and, in the case of a joint resolution, with others as
directed by the joint resolution.
b) The
unless otherwise ordered by the Senate,
the Secretary of the Senate may be authorized by a motion to enroll
a Senate joint resolution or alternative measure while the Senate is not in
session if that joint resolution or alternative measure has been adopted by
both Hhouses and no action is
pending on the joint resolution or
alternative measure. The Secretary of the Senate shall notify the Senate of
such action on the next Senate legislative day.
c) When
filing an enrolled Senate joint resolution or alternative measure with the
Secretary of State, the Secretary of the Senate shall obtain a receipt
verifying the exact date and time filed. At the end of each year, the Secretary
of the Senate shall deposit with the Secretary of State the official printed
copy of the Senate joint resolution or alternative measure as adopted by both Hhouses and obtain a receipt.
1.116
BILL, RESOLUTION, AND ALTERNATIVE MEASURE HISTORY
The
Secretary of the Senate shall keep a record and index of all bills,
resolutions, joint resolutions, and alternative measures received by the
Senate. This record shall include the title,; bill, resolution, or
alternative measure number,; joint resolution letter,; name of
the sponsor and co-sponsor(s) any co-sponsors introducing the
bill, resolution, joint resolution, or alternative measure,; name
of the committee to which the bill, resolution, joint resolution, or
alternative measure is referred,; and an entry of all action, including
the date, taken on the bill, resolution, joint resolution, or
alternative measure.
1.117
SENATE ADMINISTRATION AND OFFICE BUDGETS
a) The
Senate Majority Leader shall assign duties to Senate employees not specified by
other rules, and shall have final approval authority for all expenses for the
operation of the Senate, except as provided by law.
b) In the
absence of the Senate Majority Leader, the Assistant Majority Leader shall
assume the duties and responsibilities of the Senate Majority Leader.
c) The
Director of the Business Office shall create a budget with the concurrence of
the Senate Majority Leader, discuss it with the Senate Minority Leader and
present it to the Committee on Appropriations at the beginning of each budget
year. The form of the budget shall parallel, as closely as practical, the
departmental budgets presented to the Committee on Appropriations.
d) The
Senate financial records shall be open for public inspection. Upon a written
request that describes the financial record sufficiently to enable the Senate
to find the financial record, a person has a right to inspect, copy, or receive
copies of that financial record of the Senate. Documents shall be available for
inspection during normal business hours. The Director of the Business Office
shall keep a record of these requests.
1) A copy
of the Senate financial records shall be on file with the Senate Business
Office, which shall have overall authority to administer the Senate financial
records under the direction of the Senate Majority Leader.
2) As used
in this section, "financial record" means a budget, account,
contract, purchase order, an
expenditure authorization, voucher, check, warrant, lease, audit report,
balance sheet, travel voucher, or other such summaries of financial
transactions.
3) The
following information contained in Senate financial records is exempt from
disclosure under this rule:
A)
Information of a personal nature contained in financial records where the
public disclosure of the information would constitute a clearly unwarranted
invasion of an individual's privacy. Such exempt information would include
includes, but is not be limited to, the following:
(i) An employee's social security account
number, financial institution record, electronic transfer fund number, deferred
compensation, savings bonds, W-2 and W-4 forms, and any court enforced
judgment.
(ii) An employee's benefit selection.
(iii) Telephone bill detail including the
telephone number and name of individual called.
(iv) Unemployment compensation and
workers' disability compensation records.
B) Records
and information specifically described and exempted from disclosure under
statute or subject to attorney-client privilege.
C) A bid
or proposal by a person to enter into a contract or agreement, until the time
for the public opening of bids or proposals, or if a public opening is not to
be conducted, until the time for the receipt of bids or proposals has expired.
D)
Commercial or financial information or trade secrets voluntarily provided to
the Senate.
E)
Communications, notes, and electronic data within the Senate or between the
Senate and other public bodies of an advisory nature.
F)
Internet-use records.
G) Any
other document or record protected from public disclosure by agreement,
contract, Senate rule, or law.
4) The
Senate may charge a reasonable fee for providing a copy of a financial record.
The fee shall be limited to actual mailing costs and to the actual incremental
cost of duplication or publication including labor the cost of search related
to the search, examination,
review, and the deletion of exempt information from nonexempt information.
5) The Senate may
also charge a reasonable fee for providing for the inspection of financial
records. This fee may include the actual incremental cost of supervising the
inspection including labor, the cost of related to the search, examination, review, and the deletion
of exempt information from nonexempt information.
6) The Senate may
adopt any such other rules and policies as are necessary to provide for the
orderly dissemination of materials to the public.
e) Each Senator
shall be allotted separate budget amounts for the annual staff account and the
annual office operations account, as determined by the Senate Majority Leader,
to be used on a fiscal year basis. Each standing committee chairperson shall be
allotted a separate budget amount for the annual committee operations account,
as determined by the Senate Majority Leader. The amounts allocated to these
accounts may be adjusted for all Senate offices by the Senate Majority Leader.
Any unused amount in a fiscal year shall not be carried into the succeeding
year. A Senator shall not exceed the annual limits for each of these accounts
without approval of the Senate Majority Leader.
f) The Senate
Majority Leader shall establish guidelines to allow Senators to transfer a
limited amount of funds between their own staff account and their office
operations account.
1.118
SECRETARY OF THE SENATE; ADMINISTRATIVE DUTIES
a) With
the approval of the Senate Majority Leader, the Secretary of the Senate, in
conjunction with the Director of the Business Office, shall appoint a staff to
conduct the legislative administration of the Senate, including Administrative
Office Staff, Session Staff, and Senate Television Staff.
b) The
Secretary of the Senate, in conjunction with the Director of the Business
Office, shall exercise supervisory care and control of the Senate Chamber and
all Senate rooms, corridors, furniture, and equipment in the Capitol.
c) The
Secretary of the Senate shall have responsibility for the development and
maintenance of a system for preserving legislative records of the Senate and
its committees. The Secretary of the Senate shall issue guidelines for the
organization and preservation of these records.
d) The
Secretary of the Senate shall be responsible for keeping the Senate seal and
for affixing the Senate seal to official Senate documents, as authorized by the
Senate Majority Leader. The Senate seal shall be comprised of the coat of arms
of the State of Michigan encompassed by the words: "Senate - State of
Michigan".
e) The
Secretary of the Senate shall maintain a schedule of Senate committee rooms.
f) The
Secretary of the Senate shall make and maintain an official tape of all
sessions of the Senate. Copies of the official tape shall be made only upon
application approved by the Senate Majority Leader. All official tapes of the
Senate sessions shall be transferred to the State Archives four (4) years
following the end of each biennial session of the Senate.
g) The
Secretary of the Senate shall compile and maintain a list of appointments by
the Governor subject to the advice and consent power of the Senate. This list
shall contain the name and function of the office, the holder of the office,
the date of appointment, and the expiration date of the officeholder’s term.
This list shall be posted on the Senate Website.
h) The Secretary
of the Senate shall compile and maintain a list of the appointments that the
Senate Majority Leader or the Senate Minority Leader are authorized to make to
various boards and commissions. This list shall contain the name and function
of the office, the holder of the office, the date of appointment, and the
expiration date of the officeholder’s term. This list shall be posted on the
Senate Website.
1.119
DIRECTOR OF THE BUSINESS OFFICE; ADMINISTRATIVE DUTIES
a) The
Director of the Business Office shall serve at the pleasure of the Senate
Majority Leader.
b) With
the approval of the Senate Majority Leader, the Director of the Business Office
shall appoint a staff to conduct the business of the Senate, including Business
Office Staff, Finance Staff, Human Resources Staff, Information Services Staff,
General Services Staff, Physical Properties Staff, and Security Staff.
c) The
Director of the Business Office shall be responsible for the business and
financial records of the Senate.
d) The
Director of the Business Office shall exercise supervisory care and control of
all Senate property not located in the Capitol.
e) Upon
With the approval of the Senate
Majority Leader, the Director of the Business Office shall purchase all
necessary furniture, carpet, equipment, postage, supplies, and services for use
by the Senate.
f) The Director of
the Business Office shall install and maintain any equipment approved for use
by the Senate.
g) As authorized
by the Senate Majority Leader, the Director of the Business Office may sign
papers, forms, documents, and contracts on behalf of the Senate.
1.120
DUTIES OF THE SERGEANT AT ARMS
a) The Sergeant at
Arms shall be the chief security officer of the Senate. Under the direction of
the Senate Majority Leader, the Director of the Business Office shall supervise
and direct the work of the Sergeant at Arms, and Assistant
Sergeants at Arms, and may commission the Sergeant at Arms and Assistant
Sergeants at Arms, who meet the certification requirements of this state, as
law enforcement officers with the powers provided under the Legislative
Sergeant at Arms Police Powers Act (see MCL 4.381-4.382).
b) The Sergeant at
Arms shall attend the Senate during its sessions and maintain order under the
direction of the presiding officer. The Sergeant at Arms shall execute the
commands of the presiding officer and of the Senate, and all processes
issued by authority thereof.
c) The Sergeant at
Arms shall have general charge, and maintain order, in the Chamber,
gallery, areas immediately outside the Chamber, and committee rooms of
the Senate. The Sergeant at Arms shall see that all staff and visitors are
seated when appropriate.
1.121
EXECUTIVE SESSION
On a motion made
and carried that the Senate go into executive session, the presiding officer
shall direct all persons, except Senators, the Secretary of the Senate, and
personnel as authorized by the Senate, to withdraw. The vote of a majority of
the Senators voting shall be required on a motion for executive session, except
for executive sessions called under Rule 2.104. During an executive session, the doors shall remain closed and every
Senator, and officer, and authorized personnel shall keep
confidential all proceedings and matters enjoined by order of the Senate. (see Const. Art. 4, Sec. 20).
MEMBER RESPONSIBILITIES
1.201
OATH OF OFFICE
The oath of office
to Senators-elect shall be administered following the November general election
up to and including the first day of regular session, or as soon thereafter as
a Senator-elect may appear. The oath shall be administered by the Lieutenant
Governor, a Justice of the Supreme Court, a Judge of the Court of Appeals, or
the Secretary of the Senate (see Const. Art. 11, Sec. 1).
1.202
CONTESTED ELECTIONS
a) A petition for
a recount shall be filed not later than forty-eight (48) hours
following the completion of the canvass of the votes cast at an election. A
copy of the petition shall be given by the contestant to the Secretary of the
Senate (see MCL 168.879). Notice of receipt of the petitions shall be announced
by the Secretary of the Senate and printed in the Journal.
b) Each contestant
requesting a recount shall deposit with the Secretary of State, Bureau of
Elections, the amount provided by law for each precinct in which he or she has
requested a recount (see MCL 168.881).
c) Upon completion
of a recount, the Board of State Canvassers shall forward a report of the
results to the Secretary of the Senate,
and the report shall be announced by the Secretary of the Senate and printed in
the Journal (see MCL 168.879).
d) In the case of
two (2) or more persons having equal and the highest number of votes for
any office, as canvassed by the Board of State Canvassers, the Board of State
Canvassers shall certify the result of the canvass to the Legislature and in
joint convention the Legislature shall choose one (1) of said persons to
fill the office. When the determination of the Board of State Canvassers is
contested, the Legislature in joint convention shall decide which person is
elected (see MCL 168.846).
1.203
PROCEDURE FOR EXCLUSION
a) A Senator-elect
shall not be given the oath of office or seated as a Senator if he or she has
been convicted of subversion or has, within the preceding twenty (20)
years, been convicted of a felony involving breach of the public trust
(see Const. Art. 4, Sec. 7), or has within the preceding twenty (20)
years, been convicted of a felony involving dishonesty, deceit, fraud, or a
breach of public trust and that the conviction was related to the
person’s official capacity while the person was holding any elective office or
position of employment in local, state, or federal government (see Const. Art.
11, Sec. 8). Upon finding by a majority vote of the Senators elected and
serving that a Senator-elect has committed an offense within the provisions of
this rule, he or she shall be declared to be unqualified for membership in the
Senate and his or her office declared vacant.
b) Questions
arising from challenges to the elections or returns of its members Senators
shall be decided by a vote of a majority of the Senators elected and
serving (see Const. Art. 4, Sec. 16). In cases of contested elections or
returns, notice setting forth the grounds of the contest shall be given by the
contestant to the Secretary of the Senate not later than January 7 following
the general election, or not later than twenty (20) days
following the special election.
c) The Senate,
with concurrence of two-thirds of its members Senators elected
and serving, may expel a member. The reasons for such expulsion shall be
printed in the Journal (see Const. Art. 4, Sec. 16).
1.204
EXCUSED ABSENCE
The Senate may
excuse any Senator from attendance for any stated period, and the excused
absence shall be printed in the Journal. The Senate may revoke an excuse at any
time.
1.205
SENATORS DEEMED PRESENT UNLESS EXCUSED
a) A Senator who
answers an attendance roll call or who enters after an attendance roll call and
reports his or her presence to the Secretary of the Senate shall be considered
present thereafter unless an excused absence is granted.
b) A Senator may
be recognized prior to the invocation and the attendance roll call only for the
purpose of presenting a motion to adjourn. Should such a motion to adjourn
prevail, there shall be no official invocation and attendance roll call for
that day.
1.206
COMPENSATION FOR SENATORS
The compensation
of Senators is determined by the State Officers Compensation Commission, as
provided by law. Senators shall not collect from the Senator's staff account
any compensation, expense allowance, or mileage reimbursement.
1.207
FACILITIES FOR SENATORS
Each Senator shall
be entitled to facilities, equipment, furnishings, and expenses that are
necessary to fulfill the duties of office. The location of facilities and the
sufficiency of equipment, furnishings, and expenses shall be determined through
guidelines established by the Director of the Business Office, under the
direction of the Senate Majority Leader.
1.208
EXPENSE REIMBURSEMENT
Expense
reimbursement for travel, lodging, meals, registration fees, and related items
shall be made in accordance with regulations established by the Director of the
Business Office, under the direction of the Senate Majority Leader. The
regulations shall set forth the guidelines for amounts, methods of payment, and
time of payment for such items. When, in the judgment of the Senate Majority
Leader, the regulations need revision, the Senate Majority Leader may direct
the Director of the Business Office to make the revision upon fifteen a
(15)-day notice to all Senators. The regulations shall include
the following:
a) Out-of-state
expenses of a Senator, or Senate employee, shall not be paid by the Senate
unless a written request has been approved by the parties specified in the
regulations and by the Senate Majority Leader, and has been
filed with the Director of the Business Office prior to departure.
b) A travel
request shall state the purpose for making of the trip, the relevance of the trip to legislative matters, and
an estimate of the cost.
c) A The
Senator, or Senate employee, shall file a written and signed post-travel report
with the Director of the Business Office not more than twenty (20)
calendar days after returning from
travel. These reports shall be retained by the Director of the Business
Office until no longer as required by applicable law
and regulation. If a report is not filed within twenty (20)
calendar days after returning from travel, no expenses may not
will be reimbursed by the Senate., and any Senate funds received in advance of departure
shall be returned in full if the report is not filed within twenty (20)
calendar days after returning to the Senate business office. The post-travel
report shall include a summary of the relevant legislative information,
material pertinent thereto, and itemized expenditures.
d) An expenditure
for travel by a Senator, or Senate employee, shall not be paid by the Senate
unless that expenditure is itemized and receipted (except in cases in which
receipts are not ordinarily provided) documented
with a receipt or other approved documentation.
e) Expenses for
out-of-state travel by Senators shall be printed in the Journal on a quarterly
basis.
f) A Senator, or
an employee of a Senator, shall not incur out-of-state travel expenses after
the Senator is defeated in a Senate primary or general election, or upon the
failure of the Senator to file for election while serving the balance of his or
her unexpired term, unless approved by the Senate Majority Leader.
1.209
MAILING
a) The
mailing or printing at Senate expense of any personal or campaign material is
prohibited.
b) A Senator, or
committee of the Senate, shall not use state funds to mail one thousand (1,000)
or more pieces of substantially similar material within thirty (30)
days or less before a primary or general election, in which the
Senator is a candidate. This rule does not apply if the mailing is a summary of
a ballot proposal and that is approved by the Senate Majority
Leader.
c) The Senate
shall not make payment for a mass mailing sent outside the district of the
Senator making the mailing. In determining whether a violation of this rule has
occurred, recognition shall be given to established mass mailing techniques.
d) The Director of
the Business Office, under the direction of the Senate Majority Leader, shall
develop and disseminate guidelines for printing and mass mailing.
e) The cost of
pieces mailed by a Senator which that were paid for by with
Senate funds shall be tabulated and recorded by the Director of the Business
Office.
LEGISLATIVE CONDUCT AND ETHICS
1.301
LEGISLATIVE CONDUCT
Each
Senator shall conduct himself or herself to justify the confidence placed in
him or her by the people and shall, by personal example and admonition to
colleagues, maintain the integrity and responsibility of his or her office.
1.302
ATTENDANCE AND VOTING
Every
Senator is expected to vote on each roll call vote, unless absent or prohibited
from voting by Rule 1.306. A Senator who misses a roll call vote may request that a vote intention
be printed in the Senate Journal reflecting how he or she would have voted.
1.303
IMPROPER INFLUENCE
A Senator
shall not accept anything that will influence his or her official act,
decision, or vote.
1.304
CONFLICTING EMPLOYMENT
A Senator
shall not allow any personal employment to impair his or her independence of
judgment in the exercise of his or her official duties.
1.305
UNDUE INFLUENCE
A Senator
shall not use his or her influence in any matter that involves substantial
conflict between his or her personal interest and his or her duties in the
public interest.
1.306
DISCLOSURE AND DISQUALIFICATION
A Senator
having a personal, private, or professional interest in a bill or alternative
measure, of which he or she has knowledge, shall not vote on the bill or
alternative measure and shall disclose in writing his or her interest in the
bill or alternative measure. A personal, private, or professional interest in a
bill or alternative measure is an interest that would provide a benefit
particular to a Senator or a benefit particular to any individual or entity to
whom the Senator is financially or legally obligated or is personally related.
The disclosure shall be filed with the Secretary of the Senate to be printed in
the Journal immediately following the record of the vote on the bill or
alternative measure. If a Senator votes on a bill or alternative measure that
might appear at the time of the vote to provide a benefit particular to that
Senator or a benefit particular to any individual or entity to whom the Senator
is financially or legally obligated or is personally related, a Senator may
submit a statement explaining his or her reasons for voting. The statement
shall be printed in the Journal.
1.307
SEXUAL HARASSMENT
Sexual
harassment of Senators and Senate employees is prohibited and will not be
tolerated by the Senate. The Director of the Business Office shall establish a
policy to implement this prohibition rule.
1.308
SENATE EMPLOYEES AND CONFLICTS
Senate
employees, including those elected by the Senate or those employees
specifically provided for by other Senate rules, shall be held
accountable to the intent of Chapter I, - Section 3 of these
rules where applicable. The Director of the Business Office shall
establish policies to implement this rule.
1.309
IMPROPER USE OF STAFF AND FACILITIES
a) A
Senator shall not convert for personal, business, and/or campaign
use, unrelated to Senate business, any supplies, services, facilities, or staff
provided by the senate or State of Michigan. This includes, but is not
limited to, telephones, facsimile machines, computers, postage, and copy
machines.
b)
Personal business and incidental campaign calls, when charged to the state Senate or State of Michigan, are
clearly contrary to the proper use of these facilities constitute improper use of Senate facilities.
c)
Personal and business calls must be charged to the caller's residence
telephone, personal credit card, special billing number, or made from a cellular telephone or pay station. Individuals
making unreimbursed personal calls from Senate
or sState facilities
shall be subject to appropriate sanctions.
d) In
situations where it is not possible to utilize any of the methods outlined
above to make a personal call, or when other incidental expenses are incurred,
the Senate's operating procedure shall allow reimbursement to the Senate or
State of Michigan for such calls and expenses.
1.310
ADVISORY OPINIONS
All
questions relating to the interpretation and enforcement of Chapter I,
Section 3 of these rules concerning legislative conduct and ethics shall be
referred to the Committee on Government Operations. A Senator who has a
question regarding legislative conduct and ethics may submit a factual
situation to the Committee on Government Operations with a request for an
advisory opinion establishing the standard of public duty. The Committee shall
respond to each inquiry. All opinions issued by the committee shall,
after a hearing, be numbered, dated, and printed in the Journal. No
opinion shall identify the requesting Senator without his or her consent.
1.311
PENALTIES FOR VIOLATION
If a
Senator is alleged to have violated the provisions of the Chapter
I, Section 3 of these rules regulating ethics and conduct, the
Committee on Government Operations shall determine if the facts underlying the
allegation are sufficient to merit a hearing. If a hearing is held, the Senator
charged with a violation shall be given notice and granted the an opportunity to appear at the hearing
and be represented by counsel. The determination and any disciplinary action
shall be made and taken only by a two-thirds (2/3) vote of the Senators
elected and serving on recommendation of the Committee on Government
Operations. A Senator determined to have violated the provisions of the rules
regulating ethics and conduct may be reprimanded, censured, or expelled. Any
actions undertaken under this section shall be separate from any prosecutions
or penalties otherwise provided by law.
SENATE EMPLOYEES
1.401
EMPLOYEES OF EACH SENATOR
a) All Senators
may appoint necessary staff in accordance with Senate rules and subject to
policies established by the Senate Majority Leader. These employees shall be
directly responsible to the Senator. A Senator shall not appoint any employee
who is related within the first degree of consanguinity or direct affinity to
any Senator elected or serving. A Senator shall not appoint any employee who is
related within the second or third degree of consanguinity or direct affinity
to any Senator elected or serving without permission of the Senate Majority
Leader.
b) A person shall
not begin employment nor receive any compensation until a Senator has provided
the Senate Business Office with the necessary information about the employee. The Director of the Business Office shall
establish policies to implement this rule.
c) A Senate
employee shall not convert for personal, business, and/or
campaign use, unrelated to Senate business, any supplies, services, facilities,
or staff provided by the Senate or State of Michigan. This includes, but is not
limited to, telephones, facsimile machines, computers, postage, and copy
machines.
d) Personal
business and incidental campaign calls, when charged to the state Senate or State of Michigan, are
clearly contrary to the proper use of these constitute
improper use of Senate facilities.
e) Personal and
business calls must be charged to the caller's residence telephone, personal
credit card, special billing number,
or made from a cellular telephone or pay station. Individuals making
unreimbursed personal calls from senate
or sState facilities
shall be subject to appropriate sanctions.
f) In situations
where it is not possible to utilize any of the methods outlined above to make a
personal call, or when other incidental expenses are incurred, the Senate's
operating procedure shall allow reimbursement to the senate or State of
Michigan for such calls and expenses.
1.402
COMMITTEE CLERKS
Clerks for
standing committees (except for the Appropriations Committee) shall
serve under the direction of the Secretary
of the Senate Majority Leader. The person designated as committee
clerk must perform all duties established by the State Constitution and Senate
rules and must attend committee clerk training sessions provided by the
Secretary of the Senate.
1.403
EMPLOYEE APPOINTMENT
The Senate
Majority Leader shall appoint employees as may be necessary for the work
of the Senate. The Senate Majority Leader shall appoint minority staff
employees from a list submitted by the Senate Minority Leader.
1.404
EMPLOYEE COMPENSATION
a) Compensation
for Senate employees shall be established by each Senator within the limits of
the budget guidelines in accordance with Senate rules and subject to policies
issued by the Director of the Business Office, under the direction of the
Senate Majority Leader.
b) The Senate
general fund shall not provide more than two (2) benefit packages
for the staff of each majority and minority
Senator or more than four (4) benefit packages for the staff of each
majority Senator unless otherwise determined in accordance with policies established by the Senate Majority
Leader.
1.405
EMPLOYEES AS CANDIDATES
Any Senate
employee who files a nominating petition or pays a fee for ballot access or
files an affidavit of candidacy for a full-time elective office shall resign, or, subject to approval of the
Senate Majority Leader, be placed on an unpaid leave of absence.
1.406
TERMINATION OF EMPLOYMENT
All employees of the Senate serve as non-tenured, at-will
employees. The Senate
Majority Leader shall have the right to terminate the services employment of any Senate employee and the pay of the employee shall stop on the
day of dismissal at any time.
This rule shall not apply to any employee elected by the Senate or those
employees specifically provided for by other Senate rules.
COMMITTEE ORGANIZATION
2.101
AUTHORIZATION FOR STANDING COMMITTEES
(a) Permanent standing committees and
commissions of or appointed by the Senate, when created by rule of the Senate,
shall exist and function both during and between sessions (see MCL 4.221).
Permanent standing committees and commissions of or appointed by the Senate may
by resolution perform and exercise such powers and authority in the interim
between sessions as shall be delegated to such committees or commissions in said
resolution(s) the resolutions.
(b) The Senate
Majority Leader may, from time to time, establish subcommittees of permanent
standing committees of the Senate. Such subcommittees shall include at least
one majority party member and one minority party member who are members of that
standing committee and shall have at least one more majority party member than
minority party member.
2.102
POWERS AND RESPONSIBILITIES OF COMMITTEES
a) Any Senator,
while acting as a member of a committee, shall have authority to administer
oaths to such persons as shall be examined before the committee of which he or
she is a member (see MCL 4.85).
b) Any committee
may, by resolution of the Senate, be authorized to administer oaths, subpoena
witnesses, and examine the books and records of any persons, partnerships, or
corporations involved in a matter properly before any committee (see MCL
4.101).
c) Any witness, or
attorney representing a witness, may be punished for contempt by the
Legislature (see MCL 4.82 and 4.101), under either of the following
circumstances:
1) During a
committee investigation and pursuant to a committee subpoena, he or she:
a) Refuses to be
sworn or testify, or
b) Fails on demand
to produce any papers, books, or documents in regards to regarding any
matter under investigation, or
c) Otherwise
neglects or refuses to obey the committee subpoena.
2) He or she is
guilty of deliberately interfering with the duties and powers of the
Legislature while in attendance at a committee hearing.
d) Contempt of the
Legislature shall be punishable as provided by law (see MCL 4.82 and 4.83).
2.103
STANDING COMMITTEES
The standing
committees of the Senate shall be:
Advice and consent
(5 members)
Agriculture (5
members)
Appropriations (17
18 members)
Banking and
Financial Institutions (8 members)
Commerce (5
members)
Economic Development
and International Small Business Development Investment
(9 members)
Education and
career readiness (5 7 members)
Elections and
Government Reform (5 members)
Energy and
Technology (10 members)
Environmental
Quality (6 members)
Families, Seniors,
and Human Services Veterans (5 7 members)
Finance (7
members)
Government
Operations (5 members)
Health Policy and
Human Services (10 members)
Insurance and
Banking (10 members)
Judiciary and
Public Safety (5 7 members)
Local Government
(5 members)
Michigan
Competitiveness (5 members)
Natural Resources
(5 members)
Outdoor Recreation
and Tourism (5 members)
Oversight (5
members)
Regulatory Reform
(9 members)
Transportation and
Infrastructure (5 9 members)
Veterans, Military
Affairs and Homeland Security (5 members)
Statutory standing
committees:
Administrative Rules (5 members) (see MCL 24.235)
Legislative
Council (6 members and 3 alternates) (see MCL 4.1103)
Legislative
Retirement Board of Trustees (2 members) (see MCL 38.1026)
Library of
Michigan Board of Trustees (1 member) (see MCL 397.17)
Michigan Capitol
Committee (4 members) (see MCL 4.1701)
Michigan Commission on Uniform State Laws (2 members)
(see MCL.4.1301)
Michigan Council on Future Mobility (2 members) (see MCL
257.665)
Michigan Law Revision Commission (2 members) (see MCL
4.1401)
Senate Fiscal
Agency Board of Governors (5 members) (see MCL 4.1501)
2.104
COMMITTEE ON GOVERNMENT OPERATIONS ADVICE
AND CONSENT
a) All
appointments to office submitted by the Governor to the Senate, and any other executive business, shall be
referred to the Committee on Government Operations Advice and Consent. Effective
upon written notification to the Secretary of the Senate, the chairperson of
the Committee on Advice and Consent may request a Senate standing committee to
hold hearings and make written recommendations to the Committee on Advice and
Consent on a gubernatorial appointment. The Senate standing committee may adopt
by committee vote a recommendation to the Committee on Advice and Consent.
1) Any
appointment not disapproved within sixty (60) session days after receipt shall
stand confirmed (see Const. Art. 5, Sec. 6). No appointment shall be voted upon until it has been printed in the
Journal.
2) On all
appointments to office reported favorably or
without recommendation by the Committee on Advice and Consent, the question
before the Senate shall be on
advising and consenting to the appointment. On all appointments reported
unfavorably or without recommendation, the question shall be on the
disapproval of the appointment.
3) The vote of a
majority of the Senators elected and serving by record roll call vote shall be
required to approve or disapprove any appointment to office submitted by the
Governor. Any appointments considered by the Senate shall be in open session,
unless a majority of the Senators elected and serving shall vote in favor of an
executive session (see Const. Art. 4, Sec. 19).
4) Any appointment not disapproved within sixty (60)
session days after receipt shall stand confirmed (see Const. Art. 5, Sec. 6).
b) If an
appointment is made at a time when the sixty (60) days would
lapse during an extended recess of the Senate, the Senate Majority Leader may
schedule a session of the Senate for the sole purpose of carrying out the
Senate's constitutional duties to advise and consent on gubernatorial
appointments. The Senate Majority Leader shall notify the Secretary of the
Senate at least ten (10) calendar days prior to the date of the
scheduled session. The Secretary of the Senate shall take all reasonable steps
to notify the members of the Senate of the scheduled session.
c) Effective upon
written notification to the Secretary of the Senate, the chairperson of the
Committee on Government Operations may request a Senate standing committee to
hold hearings and make written recommendations to the Committee on Government
Operations on a gubernatorial appointment or an executive order. The Senate
standing committee shall adopt by committee vote a recommendation to the
Committee on Government Operations.
2.105 COMMITTEE ON GOVERNMENT OPERATIONS
a) except as otherwise provided by senate rule, all
Executive business shall be referred to the Committee on Government Operations.
d) b)
Executive orders issued by the Governor, except those dealing with matters of
appropriations or expenditure reductions, shall be referred to the Committee on
Government Operations. Any executive order dealing with matters of executive
reorganization may be disapproved by a resolution concurred in by a majority of
the members Senators elected
to and serving in each House within sixty (60) calendar
days after receipt at a regular session, or a full regular session if of
shorter duration. Unless disapproved within that time, the executive order
shall become effective at a date thereafter to be designated by the Governor
(see Const. Art. 5, Sec. 2).
e) c)
Executive orders dealing with matters of appropriations or expenditure
reductions shall be referred to the Committee on Appropriations (see MCL
18.1391).
f) d) The Committee on Government
Operations Oversight shall receive for review all reports presented
issued by the legislative auditor general auditor general.
g) e) Effective upon
upon written notification notice to the Secretary of the
Senate, the chairperson of the Committee on Government Operations may request a
Senate standing committee to hold hearings and make written recommendations to
the Committee on Government Operations on an auditor general report any
Executive business referred to the Committee on Government Operations. The
Senate standing committee shall may adopt by a committee vote a
recommendation to the Committee on Government Operations.
2.105 2.106 COMMITTEE CHAIRPERSONS AND
TEMPORARY MEMBERS
a) The first named
member of any committee shall be the chairperson, the second named member shall
be the majority vice chairperson, and the remaining members of the committee
shall rank in the order in which they are named. The first named member of the
minority party shall be the minority vice chairperson. In the temporary absence
of the chairperson and majority vice chairperson, the highest ranking member in
attendance shall act as chairperson. When all members of a subcommittee are
also members of the standing committee, the committee chairperson shall appoint
the subcommittee members.
b) In the apparent
prolonged absence of a member of a committee, the Senate Majority Leader shall
fill the vacancy by appointing a committee member who shall serve until the
absent Senator returns. A temporary committee member shall not be appointed
chairperson of the committee by the Senate Majority Leader.
2.106 2.107 CALLING OF A COMMITTEE
It shall be the
duty of any committee to meet at the call of the chairperson, or on the written
request of a majority of the members of the committee. The call or request must
contain the date, time, and place of the meeting. No committee of any status
shall sit during a session of the Senate, except during recess, unless leave is
granted by the Senate. No committee shall use the Senate Chamber for a public
hearing meeting during any regular or special session of the
Legislature.
2.107 2.108 NOTICE OF MEETINGS AND PUBLIC
HEARINGS
a) A committee may
hold a meeting or public hearing on any bill, resolution, joint resolution, or alternative
measure referred to the committee and on any issue relevant to the subject
matter of the committee. Notice of the meeting or hearing, its including the subject, date, time, and
place, shall be given in writing to the Secretary of the Senate who shall print
it in the Journal and on the Senate calendar and post it where appropriate (see
Const. Art. 4, Sec. 17). Oral announcement regarding a meeting or public
hearing may be given to the Senate during a session by the chairperson, or
a member, of the committee holding the meeting or public hearing.
b) Notice of all
committee meetings and public hearings shall comply with the Michigan
Open Meetings Act (see MCL 15.261-15.275).
2.108 2.109 COMMITTEE STAFFING
In addition to the
allocation for staff as provided in Rule 1.117(e) 1.402, the committee chairperson
Secretary of the Senate may appoint
additional committee personnel as authorized by the Senate Majority Leader. The
Senate Majority Leader may authorize joint utilization of personnel with the
House of Representatives and may authorize the Senate to share in the cost.
2.109 2.110 COMMITTEE EXPENSES
No committee may
receive reimbursement for expenses unless authorized by the Senate Majority
Leader. A report of committee expenses, prepared by the chairperson and the
Director of the Business Office from the documents on file in the Senate
Business Office and approved by the chairperson, shall be filed quarterly with
the Director of the Business Office. The report shall include the date, payee,
amount, and purpose of the expenditure. The Director of the Business Office
shall notify the Secretary of the Senate, for printing in the Journal, that the
expense report is on file and open for public inspection.
COMMITTEE PROCEDURE
2.201
COMMITTEE QUORUM
A quorum of a
committee is a majority of the committee. The affirmative vote of a majority of
the committee members serving is required to adopt an amendment or substitute
to a bill, resolution, joint resolution, or alternative measure and to
report any matter to the Senate. A member must be present at the time a roll call
is taken for his or her vote to count toward the required majority concurrence.
2.202
COMMITTEE RECORDS
a) Each committee
clerk shall keep a record of the assigned standing committee
proceedings, including the date and time of each meeting, the committee members
present and absent, and all action on bills, resolutions, joint resolutions, and alternative measures in the committee with
the names and votes of members (see Const. Art. 4, Sec. 17). A member of the
committee wishing to explain his or her vote may file a written explanation
with the clerk of the committee within two (2) legislative days after
the vote is taken, which explanation shall be attached to the minutes. All
minutes shall be available for public inspection during reasonable business hours.
The committee record of its proceedings shall be transmitted biennially to the
Secretary of the Senate within thirty (30) days of the final
adjournment of the Legislature. The Secretary of the Senate shall be
responsible for the storage of the committee minutes and records of its
proceedings, which shall be available for public inspection upon request to the Secretary of the Senate.
b) The committee
clerk of each committee shall keep the committee files, recordings, tapes,
records, memoranda, or written documents in storage cabinets which are
separate from his or her other records. The committee clerk shall provide the
Secretary of the Senate with the identification numbers of the storage cabinets
containing the committee records. The Secretary of the Senate shall tag the
designated storage cabinets and maintain a record of this information.
2.203
COMMITTEE REPORTS
a) All committees
shall file a report of their activities following each meeting. All reports
shall be submitted on a form prescribed and furnished by the Secretary of the
Senate. The reports shall include the date, time, and place of the committee
meeting, the members in attendance, the vote of each committee member on any
bill, resolution, joint resolution, alternative measure, or other
business, and the committee's recommendation on immediate effect for any bill
and shall be submitted to the Secretary of the Senate. The committee
recommendation for immediate effect shall be considered on House bills at the
time of Senate passage and on Senate bills upon their return from the House
unless the Senate has previously given the bill immediate effect. All
committees shall submit an attendance report to the Secretary of the Senate
within two (2) Senate legislative days of the committee meeting. The
Secretary of the Senate shall cause print all committee reports
and attendance reports to be printed in the Journal.
b) Except for a
committee report recommending a substitute, any bill, resolution, joint resolution, alternative measure,
or other business reported out of any committee shall be filed with the
Secretary of the Senate as soon as possible and not later than 4:00 p.m. on the
next calendar day (excluding weekends and holidays). A committee report
recommending a substitute shall be filed not later than 4:00 p.m. on the second
calendar day (excluding weekends and holidays). The Secretary of the Senate
shall have the authority to retrieve any report not filed by these deadlines.
c) If a bill, resolution, joint resolution,
alternative measure, or other business is reported back to the Senate
with thea recommendation that
it be referred to a second committee, the reported bill, joint resolution,
alternative measure, or other business, and any amendments, shall be referred
to that committee in accordance with Rule 3.106.
d) All business
not reported by a committee shall be returned to the Secretary of the Senate at
the conclusion of each biennium.
2.204
ITEMS REPORTED WITHOUT RECOMMENDATION
All items reported
without recommendation, with or without amendments, by any committee shall lie
on the table unless otherwise ordered by the Senate. To take from the table any
item placed on the table in this manner shall require the vote of a majority of
the Senators elected and serving.
2.205
MANUAL OF COMMITTEE PROCEDURE
The rules of
parliamentary law and practice in the most recent edition of Mason's
"Manual of Legislative Procedure" shall govern committee procedure in
all cases except when they those rules are inconsistent with the
standing rules and published precedents of the Senate and its committees.
2.206
COMMITTEE TELEVISING, WEBCASTING,
AND CONDUCT
a) The Senate committee meetings
may be taped, televised live tape,
televise live, or webcast through the equipment operated by the
Secretary of the Senate staff Senate
committee meetings.
b) No person shall
engage in any conduct during a Senate committee meeting whichthat undermines the decorum of the
meeting. All individual electronic devices during a committee meeting shall be
turned off or left on non-audible alert. Failure to follow a warning issued
by the chairperson may result in the device(s) being confiscated upon direction
of the committee chairperson for the remainder of the meeting.
ORDER OF BUSINESS
3.101
TIME OF SESSION
The Senate shall
convene at 10:00 a.m. Tuesday through Thursday except on state holidays, unless
otherwise ordered by the Senate.
3.102
ORDER OF BUSINESS
The Unless
otherwise ordered by the Senate, the order of business of the Senate shall
be as follows:
1. Call to Order
2. Invocation
3. Pledge of
Allegiance
4. Attendance Roll
Call
5. Motions and
Communications
6. Messages from
the Governor
7. Messages from
the House
8. Conference
Reports
9. Third Reading
of Bills
10. General Orders
11. Resolutions
12. Introduction
and Referral of Bills
13. Statements
14. Adjournment
3.103
CHANGE OF ORDER OF BUSINESS
The Senate may
change, bypass, or return to any order of business at any time by the consent
of a majority of those voting.
3.104
QUORUM OF THE SENATE
a) A majority of
Senators elected and serving shall constitute a quorum (see Const. Art. 4, Sec.
14).
b) Routine
business on which no vote of the Senate is required may be disposed of on any
day, with or without a quorum present, and proper entries shall be printed in
the Journal. For purposes of this rule,
“routine business” includes referral of appointments to office submitted by the
Governor, referral of Executive business not including veto messages, and
announcement of enrollment printing.
c) In the absence
of a quorum, a motion is in order to order a Call of the Senate, recess,
or adjourn.
3.105
COMMUNICATIONS TO THE SENATE
The Secretary of
the Senate shall compile official communications received by the Senate and
shall make them available to all Senators. The presiding officer shall refer
all communications which that are
informational only, to the Secretary of the Senate in one (1) order
for their printing in the Journal.
3.106
COMMITTEE REPORTS ON THE CALENDAR
a) All committee
reports in the possession of the Secretary of the Senate shall be placed on the
Senate calendar under the heading of Committee Reports. The Senate calendar
shall be closed for printing at 4:00 p.m. on Tuesday, Wednesday, and Friday
Thursday. If a Senate committee is scheduled to meet on a Friday,
Saturday, or Sunday, the Senate calendar for a Tuesday session shall be
closed for printing at 9:30 a.m. on Monday; however if Monday is a state
holiday, the committee report may be placed on the next Senate calendar
following the 4:00 p.m. deadline on Tuesday. If there is a Friday
session, the calendar shall be closed at 4:00 p.m. on Thursday. If Monday is a
state holiday, the Senate calendar for Tuesday shall be closed for printing on
Friday at 12:00 noon.
b) A Senator may
object to a committee report on the basis of its sufficiency or proper
authorization. The presiding officer shall place the objection before the
Senate for its decision.
c) All committee
reports shall be laid over one (1) day. After one (1) session day
a committee report shall be considered accepted and the item shall be referred
as appropriate.
3.107
RESOLUTION CONSENT CALENDAR
a) The Senate
Majority Floor Leader and the Senate Minority Floor Leader, or members
who are their member designees, shall jointly compile a list to
be known as the resolution consent calendar. It shall consist of Senate
resolutions, Senate concurrent resolutions, and House concurrent resolutions which
that do not require committee referral and consideration, and the
adoption of which may be accomplished by a majority of those Senators
voting. Resolutions which that are subject to the voting
requirements of Senate Rule 3.501, or governed by a voting requirement in statute, shall not be placed on
the resolution consent calendar.
b) Resolutions Matters
on the resolution consent calendar shall be disposed of in a single
vote. Before stating the question of adoption of the consent calendar, the
presiding officer shall ask if there are objections. The objection of any
Senator to the placement of one (1) or more items on the resolution
consent calendar shall result in the removal of the stated item or items from
that calendar. Any items removed from the resolution consent calendar may be
considered under the order of resolutions.
INTRODUCTION OF BILLS
3.201
FIVE DAYS' POSSESSION
No bill shall be
passed or become law, and no alternative measure shall be adopted, at any
regular session of the Legislature until it has been printed or reproduced and
in possession of the Senate for at least five (5) days (see Const. Art.
4, Sec. 26).
3.202
BILLS, RESOLUTIONS, AND ALTERNATIVE MEASURES AMENDED BY THE HOUSE
All bills, joint
resolutions, concurrent resolutions, and alternative measures returned by the
House with amendments shall be laid over one (1) day. Consideration of
bills, joint resolutions, and alternative measures shall be resumed the
following day under the same order of business. Consideration of concurrent resolutions
shall be resumed the following day under the order of Resolutions.
3.203
REFERRAL OF BILLS, joint RESOLUTIONS, AND ALTERNATIVE MEASURES
a) The Senate
Majority Leader shall refer all bills, joint resolutions, and alternative
measures to a standing committee no later than one (1) Senate
legislative day after being submitted to the Secretary of the Senate. The
presiding officer shall announce the referencereferral of all bills, joint resolutions, and alternative measures.
b) A bill
introduced pursuant to the timely filing of a notice of objection by the Joint
Committee on Administrative Rules to a proposed administrative rule shall be
read twice and placed on the Senate calendar under the order of business of
General Orders (see MCL 24.245a(3)).
c) The Senate
Majority Leader may change the original referral of a bill, resolution, joint resolution or alternative measure
by oral notice to the Senate or written communication submitted to the
Secretary of the Senate before the end of session on the next Senate
legislative day following the day of the original referral. Notices of the
written communication shall be announced by the Secretary of the Senate during
session and both oral and written notifications shall be printed in the
Journal.
d) It shall be in
order at any time before the final passage of any bill or the adoption of any joint
resolution or alternative measure to move its commitment or recommitment to
committee.
e) The vote of a
majority of the Senators elected and serving shall be required to discharge a
committee from further consideration of any item referred to that committee.
3.204
RESOLUTIONS
a) All resolutions
to be introduced shall be accompanied
submitted to the Secretary of the
Senate, accompanied by nine (9) three
true copies. Only a currently
serving Senator may sign a resolution for introduction.Resolutions which
are not subject to provisions in other Senate rules Except as otherwise provided by Senate rule, resolutions shall be
read once by title to the Senate, and referred to the Committee on
Government Operations. Once submitted to the Secretary of the Senate,
resolutions become the property of the Senate and shall remain in the
possession of the Secretary of the Senate. Concurrent resolutions shall be
transmitted to the House on adoption.
b) Once a
resolution is submitted to the Secretary of the Senate, the President of the
Senate and any Senator and the President of the Senate wishing to
co-sponsor it the resolution shall complete a form provided by
the Secretary of the Senate. A member must be present and specifically
request to be named as a co-sponsor of a resolution. After adoption of a
Senate resolution, the presiding officer may open the voting board to allow
Senators and the President of the Senate
to add their names as co-sponsors.
c) After a Senate
concurrent resolution has been adopted by both Hhouses and is returned to the Senate, the Secretary of the Senate
is authorized to order the printing of the concurrent resolution unless amended
by the House or otherwise directed by the Senate.
3.205
PRINTING
All bills, joint
resolutions, and alternative measures shall be printed or reproduced after
introduction unless otherwise ordered by the Senate. No bill, joint resolution,
or alternative measure shall be reported from a standing committee until it has
been printed or reproduced.
3.206 THE
BILL TITLE OF BILLS AND ALTERNATE
MEASURES
The title of a
bill or alternative measure shall include: (a) The the object
of the bill or alternative measure, and (b) A a reference
to the section(s), act, sections,
and compilation numbers when amending any act which that has been compiled.
3.207
THREE SEPARATE READINGS
Every bill, joint
resolution, and alternative measure shall receive three (3) separate
readings prior to its being passed or adopted final passage or adoption. The presiding officer shall announce whether
it is the first, second, or and
third reading of the bill, joint
resolution, or alternative measure. The first and second readings may be by
title only. The third reading of a bill, joint resolution, or alternative
measure shall be in full unless otherwise ordered unanimously by the Senate.
The third reading of a bill, joint resolution, or alternative measure shall be
on a day subsequent to that on which it is read a second time or is reported by
the Committee of the Whole (see Const. Art. 4, Sec. 26).
3.208
INITIATIVE PETITIONS
a) Initiative
petitions received by the the Secretary
of the Senate from the Secretary of State shall be stamped with the
date and time measured in hours and minutes stamp all initiative petitions received by it from the Secretary of
State to verify the date and time of recept by the Secretary of the Senate.
The Secretary of the Senate shall deliver the initiative petition to the Senate
Majority Leader to be available for referral to committee on the next Senate
legislative day (see Const. Art. 2, Sec. 9).
b) Each initiative
petition, when introduced, shall be read a first and second time by title and
referred to committee. When reported out of committee, each initiative petition
shall be placed on the order of Third Reading of Bills.
c) Any law
proposed by initiative petition shall be either enacted or rejected by the
Legislature without change or amendment within forty (40)
calendar days from the time such petition is received in the office of the
Secretary of the Senate (see Const. Art. 2, Sec. 9).
d) If the Senate
rejects a law proposed by initiative petition, the Senate may propose a
different ("alternative") measure upon the same subject. An
alternative measure shall be labeled "Alternative Measure No. ___ to a law
proposed by initiative petition". An alternative measure shall not be
considered for a second reading unless a law proposed by initiative petition
has been rejected by a house. An alternative measure shall require a majority
vote of the members senators elected and serving for adoption,
and the vote shall be by record roll call. If the alternative measure is
adopted by both Hhouses of
the Legislature, both measures shall be submitted to the electors for approval
or rejection at the next general election (see Const. Art. 2, Sec. 9).
MOTIONS
3.301
RECOGNITION
The presiding
officer shall recognize Senators to speak in the order in which they press
their "request to speak" button request to speak, except when a Senator seeks recognition to
introduce guests or to raise a point of order. A Senator, when recognized,
shall address the presiding officer, standing at the microphone nearest to his
or her desk.
3.302
PRECEDENCE OF MOTIONS
The following
motions shall take precedence in the order listed:
1. To fix the time
to which to adjourn
2. To adjourn
3. To take a
recess
4. To lay on the
table
5. For the
previous question
6. To postpone to
a day certain
7. To commit or
recommit to committee
8. To amend
9. To postpone
indefinitely
3.303
MOTION IN WRITING
No motion shall be
debated until stated by the The
presiding officer or Chair shall
allow for debate on any motion before the Senate. Any A motion shall be reduced to writing on
the demand of the presiding officer,
Chair or on the request of any
Senator. The written motion shall be presented to the Secretary of the Senate
and read before it is debated.
3.304
MOTION WITHDRAWAL
Any motion may be
withdrawn by the maker of the motion movant before it is amended
or adopted.
3.305
NONDEBATABLE MOTIONS
a) TheA motions to adjourn, to recess,
to reconsider, to lay on the table, for the previous question, to suspend the
rules, and all questions relating to the priority of business shall be decided
without debate.
b) A nondebatable
motion is not in order if the Senator, making the motion, movant
speaks immediately before offering the motion, except a member may explain an
amendment and then move to withdraw it from consideration.
3.306
CONSIDERATION FOLLOWING A RECESS
When a recess is
taken during the pendency of any question, the consideration of the question
shall be resumed on the reassembling of the Senate.
3.307
MOTION TO LAY ON THE TABLE
A motion to lay on
the table shall carry with it all pending subsidiary questions except in the
case of laying an appeal or a motion to reconsider on the table. A motion taken
from the table shall be divested of all subsidiary motions except motions to
amend. The vote of a majority of the Senators elected and serving shall be
required for a motion to remove any item from the table. Items laid on the
table must first be removed from the table before they are eligible for further
consideration by the Senate.
3.308
MOVE THE PREVIOUS QUESTION
a) Any Senator may
move the previous question. The previous question shall be ordered by a
majority of the Senators voting. The motion for the previous question may be
limited by the mover movant to
one (1) or more of the questions preceding the main question. The effect
of ordering the previous question shall be to close debate instantly, bringing
the Senate to an immediate vote on the pending question or questions in their
regular order. If the previous question is ordered on the third reading of a
bill, joint resolution, or alternative measure, only amendments to the bill,
joint resolution, or alternative measure that have been filed with the
Secretary of the Senate prior to the motion calling for the previous question
shall be considered, but the amendments shall not be debated. The yeas and nays
may be demanded on any vote taken while the previous question is in effect.
b) A motion to
reconsider is in order under operation of the previous question before voting
is completed on all pending items affected by the previous question.
c) A motion for a
Call of the Senate shall not be in order after the previous question has been
ordered. No Senator shall dissent orally by making a statement of protest while
the previous question is in effect. The previous question having been ordered,
any question of order or appeal from the decision of the presiding officer
shall be decided without debate.
3.309
MOTION TO DIVIDE
Any Senator may
call for a division of the question. If supported by a majority of the Senators
voting, the question shall be divided providing it contains propositions
sufficiently distinct in substance that, if one (1) is taken away, a
substantive proposition remains for the decision of the Senate.
3.310
MOTION TO STRIKE OUT AND INSERT
A motion to amend
by striking out and inserting other words shall be indivisible. However, the
words proposed to be struck out or inserted may be amended.
3.311
MOTION TO RECONSIDER
a) No motion for
the reconsideration of any vote shall be in order unless:
1) The subject
matter on which the vote was taken is in the possession of the Senate, and
2) It is made on
the same day the vote is taken or within the next two (2) Senate
legislative days.
b) The same
question shall not be reconsidered more than once.
c) The vote of a
majority of the Senators elected and serving shall be required to reconsider
the vote by which any bill, joint resolution, or alternative measure was passed
or adopted (or failed to pass or be
adopted) or the vote by which an amendment or substitute (but not an
amendment to an amendment or a substitute) was adopted or defeated on Third Reading by the Senate.
d) A motion to
reconsider may be laid on the table. The tabling of a motion to reconsider the
vote by which any bill, joint resolution, or alternative measure failed to pass
or be adopted by the Senate shall require the vote of a majority of the
Senators elected and serving and shall postpone indefinitely the consideration
of the bill, joint resolution, or alternative measure.
e) Tabling of a
motion to reconsider shall not carry with it the original question but shall be
a refusal to reconsider. It shall not be in order to take from the table a
motion to reconsider, nor shall the vote whereby any motion to reconsider was
laid on the table be reconsidered.
3.312
INDEFINITE POSTPONEMENT
To postpone
indefinitely further consideration of any bill, resolution, joint resolution, alternative measure,
or other matter shall require the vote of a majority of the Senators elected
and serving, and the vote on such a motion shall not be reconsidered.
3.313
MOTION FOR CALL OF THE SENATE
A Call of the
Senate during session shall be ordered by a majority of the Senators voting
whether a quorum or not, but the total vote in favor of a call of the
Senate shall not be less than one-fifth of the Senators elected and serving.
After a Call of the Senate is ordered, the doors shall be closed and the
Senators shall not be permitted to leave the Senate floor without permission of
the Senate. The attendance roll call of the Senate shall be taken
by the Secretary of the Senate and the absentees noted. The Sergeant at Arms,
or persons duly empowered by a majority of the Senators voting, may be
dispatched and may arrest any or all of the Senators absent without leave. While
a call of the Senate is in effect, only staff permitted by the Senate majority
leader are allowed on the Senate floor; provided, however, the Chief of Staff,
legal counsel, and legislative director for the Senate Majority Leader and the
Senate Minority Leader may remain on the Senate floor while a call of the
senate is in effect.
AMENDMENTS
3.401
TWO READINGS BEFORE AMENDMENT
No bill, joint
resolution, or alternative measure shall be amended until it has been read
twice.
3.402
AMENDMENTS ON THIRD READING
a) The vote of a
majority of the Senators elected and serving shall be required to adopt any
amendment on Third Reading.
b) If a series of
amendments is offered to a bill, joint resolution, or alternative measure and
it becomes obvious the amendments are being used as a basis of obstruction, a
motion may be made that the amendments be declared obstructive and the motion
shall not be debatable. If the motion prevails, the amendments shall be read en
bloc and a single vote shall be taken immediately on all of the amendments.
In this case, and no division of the question shall be allowed.
3.403
PRINTING OF AMENDMENTS IN THE JOURNAL
a) No bill, joint
resolution, or alternative measure whichthat has been reported with amendment or amendments by any
committee shall be considered in Committee of the Whole until the amendment or
amendments have been printed in the Journal. No bill, joint resolution, or
alternative measure amended in Committee of the Whole shall be considered on the order of Third Reading of Bills
until all amendments made in Committee of the Whole have been printed in the
Journal.
b) All amendments
shall be submitted in writing and with six (6) copies and all
substitutes shall be submitted with five (5) six copies.
VOTING PROCEDURE
3.501
ACTIONS REQUIRING AN EXTRAORDINARY MAJORITY
Action by the
Senate on the following matters shall require a vote of two-thirds (2/3)
of the Senators elected and serving except as otherwise noted:
a) Amendment or
Repeal of Initiated Law, three-fourths (3/4) of the Senators elected and
serving (Const. Art. 2, Sec. 9)
b) Expulsion of
Member (Const. Art. 4, Sec. 16)
c) Immediate
Effect (Const. Art. 4, Sec. 27)
d) Local or
Special Act (Const. Art. 4, Sec. 29)
e) Private or
Local Purpose Appropriation (Const. Art. 4, Sec. 30)
f) Overriding Veto
(Const. Art. 4, Sec. 33)
g) Bank and Trust
Company Law (Const. Art. 4, Sec. 43)
h) Courts of Limited
Jurisdiction (Const. Art. 6, Sec. 1)
i) Removal of
Judge (Const. Art. 6, Sec. 25)
j) State Borrowing
(Const. Art. 9, Sec. 15)
k) State Land
Reserve Designation (Const. Art. 10, Sec. 5)
l) Rejection or
Reduction of Civil Service Pay Increases (Const. Art. 11, Sec. 5)
m) Amendments to
Michigan Constitution (Const. Art. 12, Sec. 1)
n) Mackinac Bridge
Bonds Refunding (Const. Schedule, Sec. 14)
o) Amendments to
increase the February 1, 1994 statutory limits on the maximum amount of ad
valorem property taxes that may be levied for school district operating
purposes, three-fourths (3/4) of the Senators elected and serving
(Const. Art. 9, Sec. 3)
3.502
MAJORITY VOTE ON QUESTIONS SHORT OF THE FINAL QUESTION
When a bill, joint
resolution, or alternative measure requires, pursuant to the Constitution, the
concurrence of more than a majority of the Senators elected and serving, the
concurrence of such majority shall not be requisite to decide any question for
amendment or relating to the merits, being short of the final question, except
on the question of the adoption of a conference report, concurring in House
amendments, or receding from Senate amendments to any such bill, joint
resolution, or alternative measure returned from the House to the Senate for
final action.
3.503
FINAL PASSAGE BY REQUIRED VOTE
a) The vote on the
final passage of any bill or the adoption of any joint resolution or
alternative measure, including a joint resolution ratifying a proposed
amendment to the federal Constitution, shall be taken by a record roll call
vote, which shall be printed in the Journal (see Const. Art. 4, Sec. 26).
b) When any bill,
joint resolution, or alternative measure receives the constitutionally required
assent, that fact shall be certified on the bill, joint resolution, or
alternative measure by the Secretary of the Senate.
c) When a bill is
given immediate effect by a two-thirds (2/3) vote of the Senators
elected and serving, that action remains in effect as the bill proceeds through
the legislative process, unless the vote for immediate effect is reconsidered
and defeated.
3.504
DEMAND FOR RECORDED VOTE
The record of the
votes and names of the Senators voting on any question shall be printed in the
Journal at the request of one-fifth (1/5) of the Senators present (see
Const. Art. 4, Sec. 18), except during the Committee of the Whole.
3.505
VOTING
a) After a
question is stated requiring a roll call vote is presented to the
Senate by the presiding officer or Chair, and after the time for
debate, no motion shall be in order and no Senator shall be entitled to
speak until the roll call vote is finished and the result is
declared.
b) The electronic
voting system shall be used, if operational, to determine the question before
the body when the vote is taken by roll call or by division, and shall
display the votes of each Senator and the running total. At the
direction of the presiding officer, the Secretary of the Senate shall
immediately activate the electronic voting system for one (1) minute for
a roll call vote, after which the vote shall be closed and no further votes
shall be entered in the record. If all Senators present have voted before one (1)
minute has elapsed, the presiding officer may ask Senators if there is
objection to closing the vote. If no Senator objects, the presiding officer
shall instruct the Secretary of the Senate to close the board immediately and
record the vote.
c) The presiding
officer or Chair may close a division vote at his or her discretion when
it appears that all members present have had a reasonable opportunity to vote.
d) If the
electronic voting system is not operational, the presiding officer or Chair
shall direct the Secretary of the Senate to conduct a roll call or a division
vote orally, and to announce the results and record the roll call.
e) A Senator shall
not vote for another Senator. A person who is not a Senator shall not
vote for any Senator. In addition to penalties prescribed by law, any Senator
may be punished as the Senate may determine for voting for another Senator. If
a person who is not a Senator votes or attempts to vote, he or she, in
addition to penalties prescribed by law, shall be barred from the Senate floor
for the remainder of the day’s session and may receive further punishment as
the in the discretion of the Senate Majority Leader deems proper.
3.506
A SENATOR'S RIGHT TO DISSENT
a) A Senator may
dissent from or protest against any act, proceeding, or resolution whichthat he or she believes is injurious to
any person or the public, and have the reason for his or her dissent printed in
the Journal (see Const. Art. 4, Sec. 18).
b) A Senator may
dissent orally by making a statement of protest, unless the previous question
is in effect, which shall not be limited in length, or by moving that a
statement made personally during session on any order of business (other than during the Committee of the
Whole) be his or her protest. A
Senator may also dissent by concurring with another Senator's protest or
statement previously moved to be printed in the Journal during that day's
session. Dissent statements not made during the debate preceding or immediately
following the vote from which a Senator is dissenting shall be made under the
order of business of Statements.
c) A Senator may submit
a dissent in writing not to exceed one thousand (1,000) words to
be printed in the Journal if:
1) He or she gives
oral notice during session of an intent to file a written protest, and
2) On that day or
prior to the end of session on the next Senate legislative day, a signed copy
of the written protest is placed on each Senator's desk and filed with the
Secretary of the Senate, and
3) No objections
are raised and sustained by the end of session on the first Senate legislative
day following the day oral notice was given.
d) All protests
submitted in any of the above manners shall be printed in the Journal, except
the The Secretary of the Senate
may refuse to print statements or material containing insulting and
contemptuous matter under the guise of a protest and material that would violate copyright law.
e) No statement of
any Senator shall be printed in the Journal unless moved by that Senator.
3.507
ANNOUNCEMENTS AND STATEMENTS
a) Announcements
may be made during any order of business. Announcements are remarks concerning
the session schedule, committee meetings, introduction of guests,
congratulations, condolences or illness, requests to co-sponsor bills,
resolutions, and alternative measures, requests to be removed as a sponsor or
co-sponsor of bills, resolutions, and alternative measures, past vote
intentions, or intentions of introducing legislation or resolutions.
Announcements also include memorial remarks concerning the passing of
individuals and may be made during any order of business except General Orders.
b) Statements on
topics, issues, orand items not properly before the
Senate shall be made during the order of business of Statements. Dissent
statements may be made under the order of business of Statements.
c) A Senator is
limited to one (1) statement each day under the order of business of
Statements, except for dissent statements,
which are unlimited in number.
d) Each statement
shall be limited to five (5) minutes orally or, if submitted in
writing, shall be no greater than one thousand (1,000) words, except an
oral dissent statement made on the order of Statements shall not be limited in
length.
e) With the leave
of the Senate, the President of the Senate may request that a statement made by
the President be printed in the Journal.
APPROPRIATION BILLS
3.601
GENERAL APPROPRIATION BILLS
The general
appropriation bills for the succeeding fiscal year covering items set forth in
the budget shall be passed or defeated in the Senate before itthe senate passes any appropriation
bill for items not in the budget, except bills supplementing appropriations for
the current fiscal year's operation (see Const. Art. 4, Sec. 31).
3.602
BILLS REQUIRING APPROPRIATIONS
Any bill
containing an appropriation to carry out its purpose shall be considered an
appropriation bill (see Const. Art. 4, Sec. 31). Appropriation bills, when
reported back to the Senate favorably by a committee other than the Committee
on Appropriations, shall, together with amendments proposed by that committee,
be referred to the Committee on Appropriations for consideration.
3.603
ESTIMATED REVENUE
One (1) of
the general appropriation bills as passed by the Senate shall contain an
itemized statement of estimated revenue by a major source in each operating
fund for the ensuing fiscal year, the total of which shall not be less than the
total of all appropriations made from each fund in the general appropriation
bills as passed.
COMMITTEE OF THE WHOLE
3.701
FAVORABLE REPORTS
All bills, joint
resolutions, and alternative measures reported back to the Senate favorably
shall be referred to the Committee of the Whole with amendments, if any,
proposed by the committee, which amendments shall be considered first by the
Committee of the Whole. Any bill, joint resolution, or alternative measure may,
after having been reported favorably to the Senate by a committee, be referred
to a second committee. If the second committee reports the bill, joint
resolution, or alternative measure back to the Senate, the report shall include
amendments, if any, that were recommended by the first committee. The reported
bill, joint resolution, or alternative measure, and any amendments, shall be
referred to the Committee of the Whole.
3.702
BUSINESS IN ORDER
When the Senate
resolves itself into the Committee of the Whole, General Orders shall be the
only matter of business whichthat
shall be in order until the Committee rises.
3.703
BILLS, JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES CONSTITUTING GENERAL ORDERS
a) Bills, joint
resolutions, and alternative measures referred to the Committee of the Whole
shall constitute General Orders and shall be considered in the Committee of the
Whole on a day subsequent to such referral in the order of their reference,
unless the Senate or the Committee of the Whole otherwise determines.
b) No bill, joint
resolution, or alternative measure shall bypass consideration by the Committee
of the Whole.
3.704
CHAIRPERSON OF THE COMMITTEE OF THE WHOLE
The presiding
officer shall, when the Senate resolves itself into the Committee of the Whole,
designate a Senator as chairperson of the Committee, unless otherwise ordered
by the Senate. Senators shall be designated alphabetically, except as otherwise ordered by the Senate Majority Leader. The
Majority and Minority Floor Leaders shall submit to the Secretary of the Senate
names of designees for members of their respective caucuses when they are
unable to serve as Chairperson of the
Committee.
3.705
RULES IN THE COMMITTEE OF THE WHOLE
a) The rules of
the Senate shall be observed in the Committee of the Whole so far as may be
applicable, except limiting debate, ordering the previous question, suspension
of rules, or taking the yeas and nays. However, no speech shall exceed five (5)
minutes. A motion that the Committee rise shall always be in order and
decided without debate. Motions in the Committee of the Whole recommending
action by the Senate shall take precedence in the same order as identical
motions made during a session of the Senate. Motions to recess or reconsider
are in order in the Committee of the Whole.
b) No statement
made during the Committee of the Whole shall be printed in the Journal.
c) In the event
the Senate is in session in the Committee of the Whole at 11:55 p.m., it shall
be the duty of the chairperson to declare the Committee of the Whole to have
risen. The Committee of the Whole shall automatically rise and the presiding
officer of the Senate shall resume the chair.
3.706
BILLS ORDERED TO THIRD READING
All The Secretary of the Senate shall place on the order of Third Reading of
Bills all bills, joint
resolutions, and alternative measures recommended for passage or adoption by
the Committee of the Whole. shall
be placed items on the order of Third Reading of Bills by
the Secretary of the Senate, and shall be taken up in the same order as
they were advanced to the order of Third Reading of Bills unless otherwise
ordered by the Senate.
PARLIAMENTARY PROCEDURE
3.801
AUTHORITY AND PRECEDENCE OF SENATE RULES
a) The principal
sources of legal authority for the Senate rules are, in
the order of precedence, as follows:
1) Constitutional
Rules
2) Fundamental
Legal Principles
3) Statutory Rules
4) Adopted Rules
5) Adopted
Parliamentary Authority
6) Parliamentary
Law
7) Customs and
Usages
8) Judicial
Decisions
Judicial decisions
have the lowest precedence of the sources cited except to the extent they are
interpretations of rules from one (1) of the other sources. In those
instances, they take the same precedence as the source whichthat is interpreted.
b) Rules from the
source with the higher precedence prevails when there are conflicts between
rules from different sources.
3.802
MANUAL OF LEGISLATIVE PROCEDURE
The rules of
parliamentary practice in the most recent edition of Mason's "Manual of
Legislative Procedure" shall govern all cases except when they are
inconsistent with the Standing Rules and precedents of the Senate.
3.803
RULES OF A NEWLY CONVENED SENATE
The Senate rules whichthat are in effect when the Senate
adjourns sine die in an even numbered year shall be the temporary rules of the
Senate when it convenes at twelve o'clock noon on the second Wednesday in
January of the following odd numbered year and shall remain in effect until
other temporary or permanent rules are adopted (see MCL 4.42).
3.804
AMENDMENT OR REPEAL OF SENATE RULES
The repeal or
amendment of any rule shall be accomplished only by resolution. All proposed
amendments or repeals of Senate rules shall be referred to the Committee on
Government Operations for consideration. The adoption of a proposed resolution
for the repeal or amendment of any rule shall require a majority of the
Senators elected and serving.
3.805
SUSPENSION OF RULES
The suspension of
any Senate rule or adopted parliamentary authority shall require a majority of
the Senators elected and serving.
PRIVILEGE AND CONDUCT ON FLOOR
3.901
MEMBERS OF THE MEDIA
Members of the
media shall register with the Secretary of the Senate and may have their
registration reviewed at any time. The
Secretary of the Senate shall provide a list of registered members of the media
to the Sergeant at Arms. The following provisions shall govern the
registration process:
1) A member of the
media shall be defined as a person employed by or working as:
a) A newspaper (as
defined by U.S. postal regulations);
b) A broadcast
station licensed by the Federal Communications Commission, or a network serving
one (1) or more licensed broadcast stations;
c) A cable
television system with a franchise granted by a Michigan unit of government, or
a network serving one (1) or more franchised cable systems;
d) A wire service;
or
e) An independent
contractor on assignment to report state government news for an organization
described above.
2) A Subject to approval of the Senate Majority
Leader, the Secretary of the Senate shall establish a written policy to allow
for the daily registration of visiting member members of the media. shall
register on a daily basis at least thirty (30) minutes before the start of
session with the Secretary of the Senate. The written policy shall allow for registration of visiting members of
the media prior to the start of session.
3) The Secretary
of the Senate may, under special circumstances, register representatives of the
media not defined above if it is determined to be in the public
interest.
4) Technicians for
broadcast or/ cable stations shall also be registered when
accompanying members of the media and shall be subject to the same rules.
5) The Secretary
of the Senate may revoke the registration of any member of the media for cause.
Cause shall include, but not be limited to, a change in employment status,
lobbying or acting as a lobbyist agent, disrupting Senate proceedings, or
refusing to comply with Senate rules or the directives of the presiding
officer, Senate Majority Leader, or Secretary of the Senate. A decision to
revoke registration may be appealed to the Committee on Government Operations.
6) Members of the
media may talk with only a currently- serving State Senator or a
member of their his or her staff
in the front entry or the hallway behind the Senate rostrum. Notwithstanding Senate rule 3.902, Mmembers of the media,
notwithstanding Senate Rule 3.902, may leave the media's designated area
and talk with only a currently serving
Senators or a member of their his or her staff in the Chamber immediately following adjournment.
7) Members of the
media shall enter from the north main door or the two (2) south doors on
either side of the rostrum and shall proceed directly to the areas designated
for the media. If a member of the media enters through the north main door, he
or she shall proceed directly to the areas designated for the media using the
east or west side aisles only. Members of the media shall not enter the cloak
room or the restrooms of the Senate Chamber.
8) Members of the
media may film, videotape, or photograph the Senate session from the media's
designated area. During the first twenty (20) minutes after the
attendance roll call, with permission from the Senate, members of the media
shall be allowed to film, videotape, or photograph from along the full length
of the east and west side aisles.
9) A member of the
media, including a broadcast technician, shall be entitled to record Senate
session as long as it does not disrupt the proceedings of the Senate.
"Record" shall mean videotaping, photographing, filming, taping, or
electronically transmitting Senate proceedings or activities on the Senate
floor when the Senate is in session.
3.902
FLOOR PRIVILEGE AND CONDUCT
AA) A session of the
Senate shall be defined, for the purposes of this rule, as any period of time
when the Senate is in session, any recess, and any fifteen (15)-minute
period before the Senate convenes and five (5) minutes after it
adjourns. The Senate floor is defined as the Senate Chamber and adjoining Rooms
s201, s202, s204 (e. Lakin brown room, s204a, s207, and S212, S204
(E. Lakin Brown Room), S204A, S201, and S207. Access to the Senate floor
shall be restricted as outlined below during any session of the Senate, except
that members of the public are permitted in Room S204 when a scheduled press conference
is held there during session.
1) No person,
other than the following, shall be admitted to the Senate floor:
a) Currently serving Senators orand Representatives.
b) The President
of the Senate.
c) The Governor and
any necessary security detail.
d) Senators or
Representatives in Congress.
e) Former Michigan
Legislators Senators.
f) The Secretary
of the Senate and his or her support staff.
g) Legislative
staff as authorized in guidelines issued by the Senate Majority Leader.
h) One (1)
representative of the Governor, which shall include the Attorney General or
their staff and the Secretary of State and their staff.
i) Members of
the immediate On special occasions,
from time to time, one family member
of a Senator or the President of the Senate, as authorized by the Majority Floor Leader.
j) Registered
members of the media pursuant to Rule 3.901.
k) A guest who has
been invited by a Senator to offer the invocation, and an immediate a family member of that guest.
l) Other guests
approved from time to time by the Senate Majority Leader and Majority Floor
Leader.
2) No registered
lobbyist or lobbyist agent, including former Legislators, shall be allowed on
the Senate floor. They shall not be allowed in the hallway behind the Senate
rostrum, unless en route to or from the Lieutenant Governor's Office (S215) or
the Elijah Myers Room (S208).
3) A former
Legislator shall not lobby on the Senate floor, except if they are admitted
under Senate Rule 3.902(A)(1)(g) or (h).
BB) No person shall
engage in any conduct on the Senate floor during any session of the Senate whichthat undermines the decorum of the
Senate. All persons who are admitted to the Senate floor shall observe the
following guidelines:
1) No Senator
shall speak until recognized by the presiding officer, unless the Senator rises
to make a point of order.
2) Except as
otherwise outlined in other provided
by Senate rules rule, no
Senator shall speak on any matter not properly before the Senate.
3) No Senator
shall speak more than twice in any one (1) debate on the same day,
without leave of the Senate, except the Senator who sponsored the matter under
consideration,; the Senator who sponsored the bill, resolution, joint
resolution, or alternative measure if an amendment is under consideration,;
and the chairperson of the committee which or subcommittee
that reported it and the chairperson of the subcommittee which
considered the matter under consideration. Each speech shall not
exceed five (5) minutes or, if submitted in writing, shall not exceed
one thousand (1,000) words, except there is no limit on the length of an
oral dissent statement.
4) No Senator
shall speak impertinently or submit in writing impertinent statements, attack
the motives of any Senator who proposes or advocates a particular position, use
indecent language or other disorderly words, or refer to another Senator by
name in a disparaging way.
5) No Senator
shall use a display, exhibit, or prop on the Senate floor during discussions,
debate, statements, or the announcement of the introduction of a bill,
resolution, joint resolution, or
alternative measure.
6) No person other
than a Senator, the President of the Senate, the Secretary and Assistant
Secretary of the Senate, or the Sergeants at Arms shall pass through the well
of the Senate Chamber, which is immediately in front of the Senate
rostrum.
7) No person shall
pass between the presiding officer and a Senator who is speaking.
8) No person other
than a Senator, the President of the Senate, the Secretary of the Senate, or
the Sergeants at Arms shall use the center aisle of the Chamber.
9) No person other
than a Senator shall sit in a Senator's chair.
10) No Except
as otherwise permitted by the Senate Majority Leader, no staff shall be
allowed on the Senate floor unless, except they wait in
the majority or minority lounge or the lounge at the rear of the Chamber,
until they are needed unless the staff is requested by a Senator
and shall then be only if seated at a Senator's desk.
11) No member of
the media shall be allowed on the Senate floor unless he or she is in the
media's designated area, except as otherwise provided in Rule 3.901.
12) No smoking
shall be permitted on the Senate floor.
13) All individual
electronic devices shall be turned off or on non-audible alert during Senate
session. Except as otherwise permitted
by the Senate Majority Leader, no person may film, video, webcast, or otherwise
record the senate during session from the rostrum. Failure to follow a
warning issued by the presiding officer or Chair may result in the
device(s) being confiscated for the duration of the session upon direction of
the presiding officer or Chair.