|
| | SR0004 | | LRB104 07609 JDS 17653 r |
|
|
| 1 | | SENATE RESOLUTION |
| 2 | | RESOLVED, BY THE SENATE OF THE ONE HUNDRED FOURTH GENERAL |
| 3 | | ASSEMBLY OF THE STATE OF ILLINOIS, that the following (which |
| 4 | | are the same as the Rules of the Senate of the One Hundred |
| 5 | | Third General Assembly except as indicated by striking and |
| 6 | | underscoring) are adopted as the Rules of the Senate of the One |
| 7 | | Hundred Fourth General Assembly: |
| 8 | | ARTICLE I |
| 9 | | DEFINITIONS |
| 10 | | As used in these Senate Rules, the following terms have |
| 11 | | the meanings ascribed to them in this Article I, unless the |
| 12 | | context clearly requires a different meaning: |
| 13 | | (Source: S.R. 8, 103rd G.A.)
|
| 14 | | (Senate Rule 1-1) |
| 15 | | 1-1. Chair. "Chair" means that Senator designated by the |
| 16 | | President to serve as chair of a committee. |
| 17 | | (Source: S.R. 8, 103rd G.A.) |
| 18 | | (Senate Rule 1-2) |
| 19 | | 1-2. Committee. "Committee" means a committee of the |
|
| | SR0004 | - 2 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | Senate and includes a standing committee, a special committee, |
| 2 | | and a special subcommittee of a committee. "Committee" does |
| 3 | | not mean a conference committee, and the procedural and notice |
| 4 | | requirements applicable to committees do not apply to |
| 5 | | conference committees. |
| 6 | | (Source: S.R. 8, 103rd G.A.) |
| 7 | | (Senate Rule 1-3) |
| 8 | | 1-3. Constitution. "Constitution" means the Constitution |
| 9 | | of the State of Illinois. |
| 10 | | (Source: S.R. 8, 103rd G.A.) |
| 11 | | (Senate Rule 1-3.5) |
| 12 | | 1-3.5. Deputy Minority Leader. "Deputy Minority Leader" |
| 13 | | means a Senator designated by the Senate Minority Leader to |
| 14 | | assist the Minority Leader with the operation of the minority |
| 15 | | caucus of the Senate. |
| 16 | | (Source: S.R. 8, 103rd G.A.) |
| 17 | | (Senate Rule 1-4) |
| 18 | | 1-4. General Assembly. "General Assembly" means the |
| 19 | | current General Assembly of the State of Illinois. |
| 20 | | (Source: S.R. 8, 103rd G.A.) |
| 21 | | (Senate Rule 1-5) |
| 22 | | 1-5. House. "House" means the House of Representatives of |
|
| | SR0004 | - 3 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | the General Assembly. |
| 2 | | (Source: S.R. 8, 103rd G.A.) |
| 3 | | (Senate Rule 1-6) |
| 4 | | 1-6. Joint Action Motion. "Joint action motion" means any |
| 5 | | of the following motions before the Senate: to concur in a |
| 6 | | House amendment, to non-concur in a House amendment, to recede |
| 7 | | from a Senate amendment, to refuse to recede from a Senate |
| 8 | | amendment, and to request that a conference committee be |
| 9 | | appointed. |
| 10 | | (Source: S.R. 8, 103rd G.A.) |
| 11 | | (Senate Rule 1-7) |
| 12 | | 1-7. Legislative Digest. "Legislative Digest" means the |
| 13 | | Legislative Synopsis and Digest that is prepared by the |
| 14 | | Legislative Reference Bureau of the General Assembly. |
| 15 | | (Source: S.R. 8, 103rd G.A.) |
| 16 | | (Senate Rule 1-8) |
| 17 | | 1-8. Legislative Measure. "Legislative measure" means any |
| 18 | | matter brought before the Senate for consideration, whether |
| 19 | | originated in the Senate or House, and includes bills, |
| 20 | | amendments, resolutions, conference committee reports, |
| 21 | | motions, and messages from the executive branch. |
| 22 | | (Source: S.R. 8, 103rd G.A.) |
|
| | SR0004 | - 4 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (Senate Rule 1-9) |
| 2 | | 1-9. Majority. "Majority" means a simple majority of those |
| 3 | | members present and voting on a question. Unless otherwise |
| 4 | | specified with respect to a particular Senate Rule, for |
| 5 | | purposes of determining the number of members present and |
| 6 | | voting on a question, a "present" vote shall not be counted. |
| 7 | | (Source: S.R. 8, 103rd G.A.) |
| 8 | | (Senate Rule 1-10) |
| 9 | | 1-10. Majority Caucus. "Majority caucus" means that group |
| 10 | | of Senators from the numerically strongest political party in |
| 11 | | the Senate. "Majority caucus" also includes any Senator who is |
| 12 | | not from the numerically strongest or numerically second |
| 13 | | strongest political party in the Senate but who casts his or |
| 14 | | her final vote for President of the Senate for the person who |
| 15 | | is elected President of the Senate. |
| 16 | | (Source: S.R. 8, 103rd G.A.) |
| 17 | | (Senate Rule 1-10.5) |
| 18 | | 1-10.5. Majority Leader. "Majority Leader" means a Senator |
| 19 | | designated by the President of the Senate to serve as the |
| 20 | | Majority Leader and assist the President with the operation of |
| 21 | | the Senate and the majority caucus of the Senate. |
| 22 | | (Source: S.R. 8, 103rd G.A.) |
| 23 | | (Senate Rule 1-11) |
|
| | SR0004 | - 5 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | 1-11. Majority of those Appointed. "Majority of those |
| 2 | | appointed" means an absolute majority of the total number of |
| 3 | | Senators appointed to a committee. |
| 4 | | (Source: S.R. 8, 103rd G.A.) |
| 5 | | (Senate Rule 1-12) |
| 6 | | 1-12. Majority of those Elected. "Majority of those |
| 7 | | elected" means an absolute majority of the total number of |
| 8 | | Senators entitled to be elected to the Senate, irrespective of |
| 9 | | the number of elected or appointed Senators actually serving |
| 10 | | in office. So long as 59 Senators are entitled to be elected to |
| 11 | | the Senate, "majority of those elected" shall mean 30 |
| 12 | | affirmative votes. |
| 13 | | (Source: S.R. 8, 103rd G.A.) |
| 14 | | (Senate Rule 1-13) |
| 15 | | 1-13. Member. "Member" means a Senator. Where the context |
| 16 | | so requires, "member" may also mean a Representative of the |
| 17 | | Illinois House of Representatives. |
| 18 | | (Source: S.R. 8, 103rd G.A.) |
| 19 | | (Senate Rule 1-14) |
| 20 | | 1-14. Members Appointed. "Members appointed" means the |
| 21 | | total number of Senators appointed to a committee. |
| 22 | | (Source: S.R. 8, 103rd G.A.) |
|
| | SR0004 | - 6 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (Senate Rule 1-15) |
| 2 | | 1-15. Members Elected. "Members elected" means the total |
| 3 | | number of Senators entitled to be elected to the Senate, |
| 4 | | irrespective of the number of elected or appointed Senators |
| 5 | | actually serving in office. So long as 59 Senators are |
| 6 | | entitled to be elected in the Senate, "members elected" shall |
| 7 | | mean 59 Senators. |
| 8 | | (Source: S.R. 8, 103rd G.A.) |
| 9 | | (Senate Rule 1-16) |
| 10 | | 1-16. Minority Caucus. "Minority caucus" means that group |
| 11 | | of Senators from other than the majority caucus. |
| 12 | | (Source: S.R. 8, 103rd G.A.) |
| 13 | | (Senate Rule 1-17) |
| 14 | | 1-17. Minority Leader. "Minority Leader" means the |
| 15 | | Minority Leader of the Senate. |
| 16 | | (Source: S.R. 8, 103rd G.A.) |
| 17 | | (Senate Rule 1-18) |
| 18 | | 1-18. Minority Spokesperson. "Minority Spokesperson" means |
| 19 | | that Senator designated by the Minority Leader to serve as the |
| 20 | | Minority Spokesperson of a committee. |
| 21 | | (Source: S.R. 8, 103rd G.A.) |
| 22 | | (Senate Rule 1-19) |
|
| | SR0004 | - 7 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | 1-19. Perfunctory Session. "Perfunctory session" means the |
| 2 | | convening of the Senate, pursuant to the scheduling of the |
| 3 | | President, for purposes consistent with Rule 4-1(c) or (d). |
| 4 | | (Source: S.R. 8, 103rd G.A.) |
| 5 | | (Senate Rule 1-20) |
| 6 | | 1-20. President. "President" means the President of the |
| 7 | | Senate. |
| 8 | | (Source: S.R. 8, 103rd G.A.) |
| 9 | | (Senate Rule 1-21) |
| 10 | | 1-21. Presiding Officer. "Presiding Officer" means that |
| 11 | | Senator serving as the presiding officer of the Senate, |
| 12 | | whether that Senator is the President or another Senator |
| 13 | | designated by the President, in his or her capacity as |
| 14 | | presiding officer. |
| 15 | | (Source: S.R. 8, 103rd G.A.) |
| 16 | | (Senate Rule 1-22) |
| 17 | | 1-22. Principal Sponsor. "Principal sponsor" means the |
| 18 | | first listed Senate sponsor of any legislative measure; with |
| 19 | | respect to a committee-sponsored bill or resolution, it means |
| 20 | | the Chair of the committee. |
| 21 | | (Source: S.R. 8, 103rd G.A.) |
| 22 | | (Senate Rule 1-23) |
|
| | SR0004 | - 8 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | 1-23. Secretary. "Secretary" means the elected Secretary |
| 2 | | of the Senate. |
| 3 | | (Source: S.R. 8, 103rd G.A.) |
| 4 | | (Senate Rule 1-24) |
| 5 | | 1-24. Senate. "Senate" means the Senate of the General |
| 6 | | Assembly. |
| 7 | | (Source: S.R. 8, 103rd G.A.) |
| 8 | | (Senate Rule 1-25) |
| 9 | | 1-25. Senator. "Senator" means any of the duly elected or |
| 10 | | duly appointed Illinois State Senators, and means the same as |
| 11 | | "member". |
| 12 | | (Source: S.R. 8, 103rd G.A.) |
| 13 | | (Senate Rule 1-26) |
| 14 | | 1-26. Term. "Term" means the two-year term of a General |
| 15 | | Assembly. |
| 16 | | (Source: S.R. 8, 103rd G.A.) |
| 17 | | (Senate Rule 1-27) |
| 18 | | 1-27. Vice-Chair. "Vice-Chair" means that Senator |
| 19 | | designated by the President to serve as Vice-Chair of a |
| 20 | | committee. |
| 21 | | (Source: S.R. 8, 103rd G.A.) |
|
| | SR0004 | - 9 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (Senate Rule 1-28) |
| 2 | | 1-28. Celebration of Life Resolution. "Celebration of Life |
| 3 | | Resolution" means a resolution filed by a Senator celebrating |
| 4 | | the memory of an individual who has died. |
| 5 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A.) |
| 6 | | (Senate Rule 1-29 new) |
| 7 | | 1-29. Congratulatory Resolution. "Congratulatory |
| 8 | | Resolution" means a resolution filed by a Senator to |
| 9 | | congratulate an individual or entity with a connection to |
| 10 | | Illinois on an achievement or occasion of note. |
| 11 | | (Source: S.R. 8, 103rd G.A.) |
| 12 | | ARTICLE II |
| 13 | | ORGANIZATION |
| 14 | | (Source: S.R. 8, 103rd G.A.)
|
| 15 | | (Senate Rule 2-1) |
| 16 | | 2-1. Adoption of Rules. At the commencement of a term, the |
| 17 | | Senate shall adopt new Rules of organization and procedure by |
| 18 | | resolution setting forth those Rules in their entirety. The |
| 19 | | resolution must be adopted by a majority of those elected. |
| 20 | | These Rules of the Senate are subject to revision or amendment |
| 21 | | only in accordance with Rule 7-17. |
| 22 | | (Source: S.R. 8, 103rd G.A.) |
|
| | SR0004 | - 10 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (Senate Rule 2-2) |
| 2 | | 2-2. Election of the President. |
| 3 | | (a) Prior to the election of the President, the Governor |
| 4 | | shall convene the Senate, designate a Temporary Secretary of |
| 5 | | the Senate, and preside during the nomination and election of |
| 6 | | the President. As the first item of business each day prior to |
| 7 | | the election of the President, the Governor shall order the |
| 8 | | Temporary Secretary to call the roll of the members to |
| 9 | | establish the presence of a quorum as required by the |
| 10 | | Constitution. If a majority of those elected are not present, |
| 11 | | the Senate shall stand adjourned until the hour of 12:00 noon |
| 12 | | on the next calendar day, excepting weekends and official |
| 13 | | State Holidays. If a quorum of members is present, the |
| 14 | | Governor shall then call for nominations of members for the |
| 15 | | Office of President. All such nominations shall require a |
| 16 | | second. When the nominations are completed, the Governor shall |
| 17 | | direct the Temporary Secretary to call the roll of the members |
| 18 | | to elect the President. |
| 19 | | (b) The election of the President shall require the |
| 20 | | affirmative vote of a majority of those elected. Debate shall |
| 21 | | not be in order following nominations and preceding or during |
| 22 | | the vote, and Senators may not explain their vote on the |
| 23 | | election of the President. |
|
| | SR0004 | - 11 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (c) No bills may be considered and no committees may be |
| 2 | | appointed or meet prior to the election of the President. |
| 3 | | (d) When a vacancy in the Office of President occurs, the |
| 4 | | foregoing procedure shall be employed to elect a new |
| 5 | | President; however, when the Governor is of a political party |
| 6 | | other than that of the majority caucus, the Assistant Majority |
| 7 | | Leader having the greatest seniority of service in the Senate |
| 8 | | shall preside during the nomination and election of the |
| 9 | | successor President. No legislative measures, other than such |
| 10 | | nominations and election, may be considered by the Senate |
| 11 | | during a vacancy in the Office of President. |
| 12 | | (e) No Senator shall be elected to the office of President |
| 13 | | of the Senate for more than five General Assemblies; provided |
| 14 | | that service as President before the commencement of the 100th |
| 15 | | General Assembly nor service as President under subsection (d) |
| 16 | | of this Section shall not be considered in the calculation of |
| 17 | | the Senator's service. |
| 18 | | (Source: S.R. 8, 103rd G.A.) |
| 19 | | (Senate Rule 2-3) |
| 20 | | 2-3. Election of the Minority Leader. The Senate shall |
| 21 | | elect a Minority Leader in a manner consistent with the |
| 22 | | Constitution and laws of Illinois. No Senator shall be elected |
| 23 | | to the office of Senate Minority Leader for more than five |
|
| | SR0004 | - 12 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | General Assemblies; provided that service as Minority Leader |
| 2 | | before the commencement of the 100th General Assembly nor |
| 3 | | service as Minority Leader while filling a vacancy in the |
| 4 | | Office shall not be considered in the calculation of the |
| 5 | | Senator's service. |
| 6 | | (Source: S.R. 8, 103rd G.A.) |
| 7 | | (Senate Rule 2-4) |
| 8 | | 2-4. Majority Leader, Deputy Minority Leader, and |
| 9 | | Assistant Leaders. |
| 10 | | (a) The President shall appoint from within the Majority |
| 11 | | Caucus a Majority Leader. The Minority Leader shall appoint |
| 12 | | from within the Minority Caucus a Deputy Minority Leader. The |
| 13 | | President and the Minority Leader shall appoint from within |
| 14 | | their respective caucuses the number of Assistant Majority |
| 15 | | Leaders and Assistant Minority Leaders as are allowed by law, |
| 16 | | in addition to a Majority Caucus Chair and a Minority Caucus |
| 17 | | Chair. |
| 18 | | (b) These appointments shall take effect upon their being |
| 19 | | filed with the Secretary and those appointed shall serve at |
| 20 | | the pleasure of the respective appointing leader. Successor |
| 21 | | assistant leaders and caucus chairs shall be appointed in the |
| 22 | | same manner as their predecessors. Assistant leaders shall |
| 23 | | have those powers delegated to them by the President or |
| 24 | | Minority Leader, as the case may be. |
|
| | SR0004 | - 13 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (Source: S.R. 8, 103rd G.A.) |
| 2 | | (Senate Rule 2-5) |
| 3 | | 2-5. Powers and Duties of the President. |
| 4 | | (a) The President shall have those powers conferred upon |
| 5 | | him or her by the Constitution, the laws of Illinois, and any |
| 6 | | motions or resolutions adopted by the Senate or jointly by the |
| 7 | | Senate and House. |
| 8 | | (b) Except as provided by law with respect to the Senate |
| 9 | | Operations Commission, the President is the chief |
| 10 | | administrative officer of the Senate and shall have those |
| 11 | | powers necessary to carry out that function. The President may |
| 12 | | delegate his or her administrative duties as he or she deems |
| 13 | | appropriate. |
| 14 | | (c) The powers and duties of the President shall include, |
| 15 | | but are not limited to, the following: |
| 16 | | (1) To preside at all sessions of the Senate, although |
| 17 | | the President may call on any member to preside |
| 18 | | temporarily. |
| 19 | | (2) To open the session at the time at which the Senate |
| 20 | | is to meet by taking the podium and calling the members to |
| 21 | | order. The President may call on any member, or the |
|
| | SR0004 | - 14 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | Secretary in case of perfunctory session, to open the |
| 2 | | session. |
| 3 | | (3) To announce the business before the Senate in the |
| 4 | | order in which it is to be acted upon. |
| 5 | | (4) To recognize those members entitled to the floor. |
| 6 | | (5) To state and put to vote all questions that are |
| 7 | | regularly moved or that necessarily arise in the course of |
| 8 | | the proceedings, and to announce the result of the vote. |
| 9 | | (6) To preserve order and decorum. |
| 10 | | (7) To decide all points of order, subject to appeal, |
| 11 | | and to speak thereon in preference to other members. |
| 12 | | (8) To inform the Senate when necessary, or when any |
| 13 | | question is raised, on any point of order or practice |
| 14 | | pertinent to the pending business. |
| 15 | | (9) To sign or authenticate all acts, proceedings, or |
| 16 | | orders of the Senate. All writs, warrants, and subpoenas |
| 17 | | issued by order of the Senate or one of its committees |
| 18 | | shall be signed by the President and attested by the |
| 19 | | Secretary. |
|
| | SR0004 | - 15 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (10) To sign all bills passed by both chambers of the |
| 2 | | General Assembly in order to certify that the procedural |
| 3 | | requirements for passage have been met. |
| 4 | | (11) To have general supervision, including the duty |
| 5 | | to protect the security and safety, of the Senate chamber, |
| 6 | | galleries, and adjoining and connecting hallways and |
| 7 | | passages, including the power to clear them when |
| 8 | | necessary. |
| 9 | | (12) To have general supervision of the Secretary and |
| 10 | | his or her assistants, the Sergeant-at-Arms and his or her |
| 11 | | assistants, the majority caucus staff, and all employees |
| 12 | | of the Senate except the minority caucus staff. |
| 13 | | (13) To determine the number of majority caucus |
| 14 | | members and minority caucus members to be appointed to all |
| 15 | | committees, except the Committee on Assignments created by |
| 16 | | Rule 3-5. |
| 17 | | (14) To appoint or replace all majority caucus members |
| 18 | | of committees and to designate all Chairs, Co-Chairs, and |
| 19 | | Vice-Chairs of committees, except as the Senate otherwise |
| 20 | | orders in accordance with these Senate Rules. |
|
| | SR0004 | - 16 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (15) To enforce all constitutional provisions, |
| 2 | | statutes, rules, and regulations applicable to the Senate. |
| 3 | | (16) To guide and direct the proceedings of the Senate |
| 4 | | subject to the control and will of the members as provided |
| 5 | | in these Senate Rules. |
| 6 | | (17) To direct the Secretary during regular session, |
| 7 | | veto session, special session, or perfunctory session to |
| 8 | | read into the Senate record legislative measures and other |
| 9 | | papers. |
| 10 | | (18) To direct the Secretary to correct |
| 11 | | non-substantive errors in the Journal. |
| 12 | | (19) To assign meeting places and meeting times to |
| 13 | | committees. |
| 14 | | (20) To decide, subject to the control and will of the |
| 15 | | members in accordance with these Senate Rules, all |
| 16 | | questions relating to the priority of business. |
| 17 | | (21) To appoint a parliamentarian to serve at the |
| 18 | | pleasure of the President. |
| 19 | | (22) To promulgate forms for nominees subject to the |
|
| | SR0004 | - 17 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | advice and consent of the Senate, for temporary |
| 2 | | appointment messages, and for messages designating acting |
| 3 | | appointees. |
| 4 | | (23) To promulgate forms for members of the Senate to |
| 5 | | disclose conflicts under the Illinois Governmental Ethics |
| 6 | | Act. |
| 7 | | (d) This Rule may be suspended by a vote of three-fifths of |
| 8 | | the members elected. |
| 9 | | (Source: S.R. 8, 103rd G.A.) |
| 10 | | (Senate Rule 2-6) |
| 11 | | 2-6. Powers and Duties of the Minority Leader. |
| 12 | | (a) The Minority Leader shall have those powers conferred |
| 13 | | upon him or her by the Constitution, the laws of Illinois, and |
| 14 | | any motions or resolutions adopted by the Senate or jointly by |
| 15 | | the Senate and House. |
| 16 | | (b) The Minority Leader shall appoint to all committees |
| 17 | | the members from the minority caucus, and may replace those |
| 18 | | members, and shall designate a Minority Spokesperson for each |
| 19 | | committee, except as the Senate otherwise orders in accordance |
| 20 | | with these Senate Rules. |
| 21 | | (c) The Minority Leader shall have general supervision of |
|
| | SR0004 | - 18 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | the minority caucus staff. |
| 2 | | (Source: S.R. 8, 103rd G.A.) |
| 3 | | (Senate Rule 2-7) |
| 4 | | 2-7. Secretary of the Senate. |
| 5 | | (a) The Senate shall elect a Secretary, who may adopt |
| 6 | | appropriate policies or procedures for the conduct of his or |
| 7 | | her office. Except where the authority is by law given to the |
| 8 | | Senate Operations Commission, the President shall be the final |
| 9 | | arbiter of any dispute arising in connection with the |
| 10 | | operation of the Office of the Secretary. |
| 11 | | (b) The duties of the Secretary shall include the |
| 12 | | following: |
| 13 | | (1) To have custody of all bills, papers, and records |
| 14 | | of the Senate, which shall not be taken out of the |
| 15 | | Secretary's custody except in the regular course of |
| 16 | | business in the Senate. |
| 17 | | (2) To endorse on every original bill and each copy |
| 18 | | its number, names of sponsors, the date of introduction, |
| 19 | | and the several orders taken on it. When printed, the |
| 20 | | names of the sponsors shall appear on the front page of the |
| 21 | | bill in the same order they appeared when introduced. |
|
| | SR0004 | - 19 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (3) To cause each bill to be placed on the desks of the |
| 2 | | members as soon as it is printed, or alternatively to |
| 3 | | provide for a method that any Senator may use to secure a |
| 4 | | copy of any bill he or she desires. |
| 5 | | (4) To keep the Journal of the proceedings of the |
| 6 | | Senate and, under the direction of the President, correct |
| 7 | | errors in the Journal. |
| 8 | | (5) To keep the transcripts of the debates of the |
| 9 | | Senate and make them available to the public under |
| 10 | | reasonable conditions. |
| 11 | | (6) To keep the necessary records for the Senate and |
| 12 | | its committees and to prepare the Senate Calendar for each |
| 13 | | legislative day. |
| 14 | | (7) To examine all Senate Bills and Constitutional |
| 15 | | Amendment Resolutions following Second Reading and prior |
| 16 | | to final passage, for the purpose of correcting any |
| 17 | | non-substantive errors therein, and to report the same |
| 18 | | back to the President promptly; to supervise the enrolling |
| 19 | | and engrossing of bills and resolutions, subject to the |
| 20 | | direction of the President; and to certify passage or |
| 21 | | adoption of legislative measures, and to note thereon the |
| 22 | | date of final Senate action. Any corrections suggested to |
|
| | SR0004 | - 20 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | the President by the Secretary, and thereafter approved by |
| 2 | | the Senate, shall be entered upon the Journal. |
| 3 | | (8) To transmit bills, other documents, and other |
| 4 | | messages to the House and secure a receipt therefor, and |
| 5 | | to receive from the House bills, documents, and receipts |
| 6 | | therefor. |
| 7 | | (9) To file with the Secretary of State those debate |
| 8 | | transcripts and Senate documents as are required by law. |
| 9 | | (10) To attend every session of the Senate; record the |
| 10 | | roll and roll calls as directed by the Presiding Officer; |
| 11 | | and read into the Senate record legislative measures and |
| 12 | | other papers as directed by the Presiding Officer. Bills |
| 13 | | shall be read by title only. Upon initial reading, motions |
| 14 | | may be read by title and sponsor only. |
| 15 | | (11) To supervise all Assistant Secretaries and other |
| 16 | | employees of his or her office, as well as all committee |
| 17 | | clerks in their capacity as committee clerks. |
| 18 | | (12) To establish the format for all documents, forms, |
| 19 | | and committee records prepared by committee clerks. |
| 20 | | (13) To perform those duties as assigned by the |
|
| | SR0004 | - 21 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | President. |
| 2 | | (Source: S.R. 8, 103rd G.A.) |
| 3 | | (Senate Rule 2-8) |
| 4 | | 2-8. Assistant Secretary of the Senate. The Senate shall, |
| 5 | | in a manner consistent with the laws of Illinois, elect an |
| 6 | | Assistant Secretary, who shall perform those duties assigned |
| 7 | | to him or her by the Secretary. |
| 8 | | (Source: S.R. 8, 103rd G.A.) |
| 9 | | (Senate Rule 2-9) |
| 10 | | 2-9. Sergeant-at-Arms. The Senate shall elect a |
| 11 | | Sergeant-at-Arms who shall perform those duties assigned to |
| 12 | | him or her by law, or as are ordered by the President or |
| 13 | | Presiding Officer. Such duties shall include the following: |
| 14 | | (1) To attend the Senate during its sessions and |
| 15 | | execute the commands of the Senate, together with all |
| 16 | | process issued by authority of the Senate, that are |
| 17 | | directed to him or her by the President or Presiding |
| 18 | | Officer. |
| 19 | | (2) To maintain order among spectators admitted into |
| 20 | | the Senate chambers, galleries, and adjoining or |
| 21 | | connecting hallways and passages. |
|
| | SR0004 | - 22 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (3) To take proper measures to prevent interruption of |
| 2 | | the Senate. |
| 3 | | (4) To supervise any Assistant Sergeant-at-Arms. |
| 4 | | (5) To perform those duties as assigned by the |
| 5 | | President. |
| 6 | | (Source: S.R. 8, 103rd G.A.) |
| 7 | | (Senate Rule 2-10) |
| 8 | | 2-10. Schedule. |
| 9 | | (a) The President shall periodically establish a schedule |
| 10 | | of days on which the Senate shall convene in regular and veto |
| 11 | | session, with that schedule subject to revisions at the |
| 12 | | discretion of the President. The President may also at his or |
| 13 | | her discretion schedule perfunctory sessions of the Senate. |
| 14 | | The President may establish deadlines for the following |
| 15 | | legislative actions: |
| 16 | | (1) Final day to request bills from the Legislative |
| 17 | | Reference Bureau. |
| 18 | | (2) Final day for introduction of bills. |
| 19 | | (3) Final day for standing committees of the Senate to |
| 20 | | report Senate bills, except Senate appropriations bills. |
|
| | SR0004 | - 23 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (4) Final day for standing committees of the Senate to |
| 2 | | report Senate appropriation bills. |
| 3 | | (5) Final day for Third Reading and passage of Senate |
| 4 | | bills, except Senate appropriation bills. |
| 5 | | (6) Final day for Third Reading and passage of Senate |
| 6 | | appropriation bills. |
| 7 | | (7) Final day for standing committees of the Senate to |
| 8 | | report House appropriation bills. |
| 9 | | (8) Final day for standing committees of the Senate to |
| 10 | | report House bills, except appropriation bills. |
| 11 | | (9) Final day for Third Reading and passage of House |
| 12 | | appropriation bills. |
| 13 | | (10) Final day for Third Reading and passage of House |
| 14 | | non-appropriation bills. |
| 15 | | (b) The President may establish additional deadlines for |
| 16 | | final action on conference committee reports and any |
| 17 | | categories of joint action motions. |
|
| | SR0004 | - 24 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (c) The foregoing deadlines shall become effective upon |
| 2 | | being filed by the President with the Secretary. The Secretary |
| 3 | | shall Journalize the deadlines. |
| 4 | | (d) At any time, the President may schedule alternative |
| 5 | | deadlines for any legislative action pursuant to written |
| 6 | | notice filed with the Secretary. |
| 7 | | (e) The President may schedule deadlines for any other |
| 8 | | legislative measure as he or she deems appropriate pursuant to |
| 9 | | written notice filed with the Secretary. |
| 10 | | (Source: S.R. 8, 103rd G.A.) |
| 11 | | ARTICLE III |
| 12 | | COMMITTEES |
| 13 | | (Source: S.R. 8, 103rd G.A.)
|
| 14 | | (Senate Rule 3-1) |
| 15 | | 3-1. Committees. |
| 16 | | (a) The committees of the Senate are: (i) the standing |
| 17 | | committees listed in Rule 3-4; (ii) special committees created |
| 18 | | by resolution or notice under Rule 3-3; and (iii) special |
| 19 | | subcommittees created by standing committees or by special |
| 20 | | committees under Rule 3-3. Subcommittees may not create |
| 21 | | subcommittees. |
|
| | SR0004 | - 25 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (b) All committees shall have a Chair and Minority |
| 2 | | Spokesperson, who shall not be of the same caucus, except as |
| 3 | | provided in Rule 3-2. Committees of the whole shall consist of |
| 4 | | all Senators. The number of majority caucus members and |
| 5 | | minority caucus members of all standing committees, and all |
| 6 | | other committees unless otherwise ordered by the Senate in |
| 7 | | accordance with these Senate Rules, shall be determined by the |
| 8 | | President. The numbers of majority caucus and minority caucus |
| 9 | | members shall become final upon the President filing with the |
| 10 | | Secretary an appropriate notice, which shall be Journalized. |
| 11 | | (c) The Chair of a committee shall have the authority to |
| 12 | | call the committee to order, designate which legislative |
| 13 | | measures that are assigned to the committee shall be taken up, |
| 14 | | order the roll call vote to be taken on each legislative |
| 15 | | measure called for a vote, preserve order and decorum during |
| 16 | | committee meetings, assign legislative measures to special |
| 17 | | subcommittees of the parent committee, jointly sign and issue |
| 18 | | subpoenas with the President, and implement and supervise the |
| 19 | | business of the committee. The Vice-Chair of a committee may |
| 20 | | preside over its meetings in the absence or at the direction of |
| 21 | | the Chair. |
| 22 | | (d) A vacancy on a committee, or in the Chair or Minority |
| 23 | | Spokesperson position on a committee, occurs when a member |
|
| | SR0004 | - 26 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | resigns from that position or ceases to be a Senator. |
| 2 | | Resignations shall be made in writing to the Secretary, who |
| 3 | | shall promptly notify the President and Minority Leader. |
| 4 | | Absent concurrence by a majority of those elected, or as |
| 5 | | otherwise provided in Rule 3-5, no member who resigns from a |
| 6 | | committee shall be reappointed to that committee for the |
| 7 | | remainder of the term. Replacement members shall be of the |
| 8 | | same caucus as that of the member who resigns, and shall be |
| 9 | | appointed by the President or Minority Leader, depending upon |
| 10 | | the caucus of the resigning member. In the case of vacancies on |
| 11 | | special subcommittees that were created by committees, any |
| 12 | | vacancy shall be filled pursuant to the motion adopted to |
| 13 | | create the subcommittee but if the motion does not specify how |
| 14 | | a vacancy is filled then the parent committee shall fill the |
| 15 | | vacancy by motion. |
| 16 | | (e) The Chair of a committee shall have the authority to |
| 17 | | call meetings of that committee, subject to the approval of |
| 18 | | the President in accordance with Rule 2-5(c)(19). Except as |
| 19 | | otherwise provided by these Senate Rules, committee meetings |
| 20 | | shall be convened in accordance with Rule 3-11. The Chair of a |
| 21 | | committee shall have the authority to adjourn any meetings of |
| 22 | | that committee and, in the absence of the Chair or at the |
| 23 | | direction of the Chair, a Vice-Chair or Co-Chair of that |
| 24 | | committee who is appointed by the President from the majority |
| 25 | | caucus shall also have the authority to adjourn any meetings |
|
| | SR0004 | - 27 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | of that committee. |
| 2 | | (f) The President, in consultation with the Minority |
| 3 | | Leader, may establish a process by which Senators and members |
| 4 | | of the public may participate remotely, including voting, in |
| 5 | | hearings for standing committees, special committees, |
| 6 | | subcommittees or special subcommittees, and service |
| 7 | | committees. |
| 8 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A.) |
| 9 | | (Senate Rule 3-2) |
| 10 | | 3-2. Membership and Officers of Standing Committees. |
| 11 | | (a) At the commencement of the term, the members of each |
| 12 | | standing committee shall be appointed by the President and the |
| 13 | | Minority Leader, except as provided in subsection (c) of this |
| 14 | | Rule or in Rule 3-5. The majority caucus members of a standing |
| 15 | | committee shall serve at the pleasure of the President, and |
| 16 | | the minority caucus members of a standing committee shall |
| 17 | | serve at the pleasure of the Minority Leader. The President |
| 18 | | shall appoint the Chair and the remaining committee members of |
| 19 | | the majority caucus (one of whom the President shall designate |
| 20 | | as Vice-Chair), and the Minority Leader shall appoint the |
| 21 | | Minority Spokesperson and the remaining committee members of |
| 22 | | the minority caucus, except as provided in paragraph (b) of |
| 23 | | this Rule. The appointments shall become immediately effective |
| 24 | | upon the delivery of appropriate correspondence from each of |
|
| | SR0004 | - 28 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | the respective leaders to the Secretary, regardless of whether |
| 2 | | the Senate is in session. The Chair and Minority Spokesperson |
| 3 | | shall serve at the pleasure of the President or Minority |
| 4 | | Leader, as the case may be. The Secretary shall Journalize all |
| 5 | | appointments. A standing committee is empowered to conduct |
| 6 | | business when a majority of the total number of committee |
| 7 | | members has been appointed. |
| 8 | | (b) Notwithstanding any other provision of these Senate |
| 9 | | Rules, the President may appoint any two members to serve as |
| 10 | | Co-Chairs of a standing committee. Co-Chairs shall not be of |
| 11 | | the same caucus and shall serve at the pleasure of the |
| 12 | | President. A standing committee with Co-Chairs shall not have |
| 13 | | a Minority Spokesperson. For purposes of Section 1 of the |
| 14 | | General Assembly Compensation Act (25 ILCS 115/1), one |
| 15 | | Co-Chair shall be considered "chairman" and the other shall be |
| 16 | | considered "minority spokesperson". Co-Chair appointments |
| 17 | | shall become immediately effective upon the delivery of |
| 18 | | appropriate correspondence from the President to the |
| 19 | | Secretary, regardless of whether the Senate is in session. The |
| 20 | | Secretary shall Journalize all appointments. |
| 21 | | (c) To maintain the efficient operation of the Senate, any |
| 22 | | committee member may be temporarily replaced due to illness or |
| 23 | | an unforeseen absence from the Capitol at the time of the |
| 24 | | committee hearing. The temporary appointment is effective upon |
|
| | SR0004 | - 29 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | delivery of appropriate correspondence from the President or |
| 2 | | Minority Leader, depending upon the caucus of the member |
| 3 | | affected, and shall remain effective for the duration of the |
| 4 | | illness or temporary absence from the Capitol. If the member |
| 5 | | returns to the Capitol while the committee is meeting, then |
| 6 | | the temporary appointment shall remain effective until the |
| 7 | | committee recesses or adjourns. |
| 8 | | (d) To maintain the efficient operation of the Senate, the |
| 9 | | President may temporarily appoint a member to serve in the |
| 10 | | President's place on any committee to which the President has |
| 11 | | been appointed, and the Minority Leader may temporarily |
| 12 | | appoint a member to serve in the Minority Leader's place on any |
| 13 | | committee to which the Minority Leader has been appointed. The |
| 14 | | temporary appointment under this subsection (d) is effective |
| 15 | | upon delivery of appropriate correspondence from the President |
| 16 | | or Minority Leader, as is applicable, and shall remain |
| 17 | | effective for the duration specified in the correspondence. |
| 18 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A.) |
| 19 | | (Senate Rule 3-3) |
| 20 | | 3-3. Special Committee and Subcommittees. |
| 21 | | (a) The Senate may create special committees by resolution |
| 22 | | adopted by a majority of those elected. The President also may |
| 23 | | create special committees by filing a notice of the creation |
| 24 | | of the special committee with the Secretary. The appointed |
|
| | SR0004 | - 30 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | members of a special committee shall be designated by the |
| 2 | | President and the Minority Leader in the same manner outlined |
| 3 | | in Rule 3-2 with respect to standing committees. |
| 4 | | (a-5) The President may create special subcommittees for |
| 5 | | the Senate Appropriations Committee and the Senate |
| 6 | | Redistricting Committee by filing a notice of the creation of |
| 7 | | the special subcommittee with the Secretary. The appointed |
| 8 | | members of special subcommittees for the Senate Appropriations |
| 9 | | Committee and the Senate Redistricting Committee shall be |
| 10 | | designated by the President and the Minority Leader in the |
| 11 | | same manner outlined in Rule 3-2 with respect to standing |
| 12 | | committees. |
| 13 | | (b) A committee may create a special subcommittee by |
| 14 | | motion adopted by a majority of those appointed. The members |
| 15 | | of a special subcommittee shall come from the membership of |
| 16 | | the creating committee, and shall be appointed in the manner |
| 17 | | determined by the creating committee. |
| 18 | | (c) The resolution, motion, or notice creating a special |
| 19 | | committee or special subcommittee shall specify the subject |
| 20 | | matter of the special committee or subcommittee and the number |
| 21 | | of members to be appointed thereto, and may specify a |
| 22 | | reporting date during the term (in which event the special |
| 23 | | committee or subcommittee is abolished as of that date). |
|
| | SR0004 | - 31 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | Unless an earlier date is specified by resolution, motion, or |
| 2 | | notice, special committees and subcommittees shall expire at |
| 3 | | the end of the term. |
| 4 | | (d) When the Senate is not in session, Special Temporary |
| 5 | | Committees may be created and appointed by the President. The |
| 6 | | actions of the President and of a Special Temporary Committee |
| 7 | | shall stand as the action of the Senate unless the action is |
| 8 | | amended or modified on a roll call vote by a majority of those |
| 9 | | elected during the next day the Senate convenes. |
| 10 | | (e) In accordance with Section 1 of the General Assembly |
| 11 | | Compensation Act (25 ILCS 115/1), no Chair or Minority |
| 12 | | Spokesperson of a committee created under this Rule shall |
| 13 | | receive additional compensation for such service. |
| 14 | | (Source: S.R. 8, 103rd G.A.) |
| 15 | | (Senate Rule 3-4) |
| 16 | | 3-4. Standing Committees. The Standing Committees of the |
| 17 | | Senate are as follows: |
| 18 | | AGRICULTURE |
| 19 | | APPROPRIATIONS |
| 20 | | APPROPRIATIONS-EDUCATION |
|
| | SR0004 | - 34 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | TRANSPORTATION |
| 2 | | VETERANS AFFAIRS |
| 3 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A.) |
| 4 | | (Senate Rule 3-5) |
| 5 | | 3-5. Service Committees. |
| 6 | | (a) In addition to the standing committees, there is a |
| 7 | | permanent service committee known as the "Committee on |
| 8 | | Assignments". The Committee on Assignments shall have those |
| 9 | | powers and duties that are outlined in these Senate Rules, as |
| 10 | | well as those that may be periodically ordered in accordance |
| 11 | | with these Senate Rules. |
| 12 | | (b) The Committee on Assignments shall consist of six |
| 13 | | members, four of whom shall be appointed by the President and |
| 14 | | two of whom shall be appointed by the Minority Leader. Both the |
| 15 | | President and the Minority Leader shall be eligible to be |
| 16 | | appointed to the Committee on Assignments. The Committee on |
| 17 | | Assignments shall be empowered to conduct business when a |
| 18 | | majority of the total number of its members has been |
| 19 | | appointed. |
| 20 | | (c) The majority caucus members of the Committee on |
| 21 | | Assignments shall serve at the pleasure of the President, and |
|
| | SR0004 | - 35 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | the minority caucus members shall serve at the pleasure of the |
| 2 | | Minority Leader. Appointments thereto shall be by notice filed |
| 3 | | with the Secretary, and shall be effective for the balance of |
| 4 | | the term or until a replacement appointment is made, whichever |
| 5 | | first occurs. Appointments shall take effect upon filing with |
| 6 | | the Secretary regardless of whether the Senate is in session. |
| 7 | | Notwithstanding any other provision of these Senate Rules, any |
| 8 | | Senator who is replaced on the Committee on Assignments may be |
| 9 | | reappointed to the Committee on Assignments without |
| 10 | | concurrence of the Senate. |
| 11 | | (d) Notwithstanding any other provision of these Senate |
| 12 | | Rules, the Committee on Assignments may meet upon reasonable |
| 13 | | public notice. All legislative measures pending before the |
| 14 | | Committee on Assignments shall be eligible for consideration |
| 15 | | at any meeting thereof, and all such legislative measures |
| 16 | | shall be deemed posted for hearing by the Committee on |
| 17 | | Assignments for all of its meetings. |
| 18 | | (e) This Rule may be suspended by a vote of three-fifths of |
| 19 | | the members elected. |
| 20 | | (Source: S.R. 8, 103rd G.A.) |
| 21 | | (Senate Rule 3-6) |
| 22 | | 3-6. Referrals of Resolutions, Messages, and |
| 23 | | Reorganization Orders. |
|
| | SR0004 | - 36 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (a) All resolutions, after being initially read by the |
| 2 | | Secretary, shall be automatically referred to the Committee on |
| 3 | | Assignments unless the Presiding Officer determines that the |
| 4 | | resolution is a celebration of life resolution and orders that |
| 5 | | the resolution be placed on the Resolutions Consent Calendar. |
| 6 | | The principal sponsor of a congratulatory resolution shall pay |
| 7 | | a reasonable fee, determined by the Secretary with approval of |
| 8 | | the President, to offset the actual cost of producing the |
| 9 | | congratulatory resolution. No resolution may be placed on the |
| 10 | | Resolutions Consent Calendar if any member objects. |
| 11 | | (b) All messages from the Governor or any other executive |
| 12 | | branch Constitutional Officer or other appointing authority |
| 13 | | regarding appointments that require confirmation by the Senate |
| 14 | | shall, after having been initially read by the Secretary, |
| 15 | | automatically be referred to the Executive Appointments |
| 16 | | Committee. |
| 17 | | (c) All executive reorganization orders of the Governor |
| 18 | | issued pursuant to Article V, Section 11 of the Constitution, |
| 19 | | after being read into the record by the Secretary, shall |
| 20 | | automatically be referred to the Committee on Assignments for |
| 21 | | its referral to a committee, the latter of which may issue a |
| 22 | | recommendation to the Senate with respect to the executive |
| 23 | | order. The Senate may disapprove of any executive order only |
| 24 | | by resolution adopted by a majority of those elected; no such |
|
| | SR0004 | - 37 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | resolution is in order until a committee has reported to the |
| 2 | | Senate on the executive reorganization, or until the executive |
| 3 | | order has been discharged pursuant to Rule 7-9. |
| 4 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A) |
| 5 | | (Senate Rule 3-7) |
| 6 | | 3-7. Committee on Assignments. |
| 7 | | (a) The Committee on Assignments may consider any |
| 8 | | legislative measure referred to it pursuant to Rules 3-6, 3-8 |
| 9 | | and 3-9, by motion or resolution, or by order of the Presiding |
| 10 | | Officer upon initial reading. The Committee on Assignments |
| 11 | | may, with the concurrence of a majority of those appointed, |
| 12 | | sponsor motions or resolutions; notwithstanding any other |
| 13 | | provision of these Senate Rules, any motion or resolution |
| 14 | | sponsored by the Committee on Assignments may be immediately |
| 15 | | considered by the Senate without reference to a committee. |
| 16 | | (b) During even-numbered years, the Committee on |
| 17 | | Assignments shall refer to a committee of the Senate only |
| 18 | | appropriation bills implementing the budget and other |
| 19 | | legislative measures deemed by the Committee on Assignments to |
| 20 | | be of an emergency nature or to be of substantial importance to |
| 21 | | the operation of government. This subsection (b) applies |
| 22 | | equally to Senate Bills and House Bills introduced into or |
| 23 | | received by the Senate. |
| 24 | | (Source: S.R. 8, 103rd G.A.) |
|
| | SR0004 | - 38 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (Senate Rule 3-8) |
| 2 | | 3-8. Referrals to Committees. |
| 3 | | (a) All Senate Bills and House Bills shall, after having |
| 4 | | been initially read by the Secretary, be automatically |
| 5 | | referred to the Committee on Assignments, which may thereafter |
| 6 | | refer any bill before it to a committee. The Committee on |
| 7 | | Assignments may refer any resolution before it to a committee. |
| 8 | | No bill or resolution may be referred to a committee except |
| 9 | | pursuant to this Rule or Rule 7-17. A standing or special |
| 10 | | committee may refer a matter pending in that committee to a |
| 11 | | subcommittee of that committee. When the Committee on |
| 12 | | Assignments is of the opinion that a legislative measure |
| 13 | | should be considered by more than one committee, at the time of |
| 14 | | referring it, the Committee may direct that when the committee |
| 15 | | to which it is referred completes its consideration thereof |
| 16 | | and makes a recommendation with respect thereto, the |
| 17 | | committee's report shall also recommend that it be referred to |
| 18 | | the additional committee or committees as directed by the |
| 19 | | Committee on Assignments. When a legislative measure is so |
| 20 | | reported, it shall automatically be referred as directed. |
| 21 | | (b) All floor amendments, joint action motions for final |
| 22 | | action, and conference committee reports shall, upon filing |
| 23 | | with the Secretary, be automatically referred to the Committee |
| 24 | | on Assignments. No such amendment, joint action motion, or |
|
| | SR0004 | - 39 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | conference committee report may be considered by the Senate |
| 2 | | unless approved for consideration by the Committee on |
| 3 | | Assignments. The Committee on Assignments may approve for |
| 4 | | consideration to the Senate any floor amendment, joint action |
| 5 | | motion for final action, or conference committee report that: |
| 6 | | (i) consists of language that has previously been favorably |
| 7 | | reported to the Senate by a committee; (ii) consists of |
| 8 | | technical or clarifying language; or (iii) consists of |
| 9 | | language deemed by the Committee on Assignments to be of an |
| 10 | | emergency nature, of substantial importance to the operation |
| 11 | | of government, or in the best interests of Illinois. The |
| 12 | | Committee on Assignments may refer any floor amendment, joint |
| 13 | | action motion for final action, or conference committee report |
| 14 | | to a committee for its review and consideration (in those |
| 15 | | instances, and notwithstanding any other provision of these |
| 16 | | Senate Rules, the committee may hold a hearing on and consider |
| 17 | | those legislative measures pursuant to one-hour advance |
| 18 | | notice). Any floor amendment, joint action motion for final |
| 19 | | action, or conference committee report that is not approved |
| 20 | | for consideration or referred by the Committee on Assignments, |
| 21 | | and is attempted to be acted upon by a committee shall be out |
| 22 | | of order, except as provided for under Rule 8-4. |
| 23 | | (b-1) A floor amendment filed by the chief sponsor of a |
| 24 | | bill shall be automatically referred to the standing committee |
| 25 | | from which the bill was reported (or to another standing |
|
| | SR0004 | - 40 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | committee as the Committee on Assignments may determine) upon |
| 2 | | adjournment of the Senate on the third regular session day |
| 3 | | following the day on which the floor amendment was filed, |
| 4 | | unless (i) the Committee on Assignments referred the floor |
| 5 | | amendment to a standing committee or acted on the floor |
| 6 | | amendment in the first instance and referred it to the Senate |
| 7 | | for consideration; (ii) the bill is no longer pending before |
| 8 | | the Senate; (iii) the floor amendment deals with the subject |
| 9 | | of appropriations or State revenue; or (iv) the Committee on |
| 10 | | Assignments has determined by a majority vote that the floor |
| 11 | | amendment substantively alters the nature and scope of the |
| 12 | | underlying bill. If the Committee on Assignments makes a |
| 13 | | determination under item (iv) of this subsection, then the |
| 14 | | Committee on Assignments may, in its discretion, (A) refer the |
| 15 | | floor amendment to any standing committee or (B) not refer the |
| 16 | | floor amendment to any other committee. |
| 17 | | (c) All committee amendments shall, upon filing with the |
| 18 | | Secretary, be automatically referred to the Committee on |
| 19 | | Assignments. No committee amendment may be considered by a |
| 20 | | committee unless the committee amendment is referred to the |
| 21 | | committee by the Committee on Assignments and the committee |
| 22 | | amendment has first been made available electronically or |
| 23 | | otherwise for not less than one hour. Any committee amendment |
| 24 | | referred by the Committee on Assignments shall be referred to |
| 25 | | the committee before which the underlying bill or resolution |
|
| | SR0004 | - 41 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | is pending. Any committee amendment that is not referred by |
| 2 | | the Committee on Assignments to a committee, and is attempted |
| 3 | | to be acted upon by a committee shall be out of order. |
| 4 | | (c-1) A committee amendment filed by the chief sponsor of |
| 5 | | a bill shall be automatically referred to the standing |
| 6 | | committee to which the bill was assigned upon adjournment of |
| 7 | | the Senate on the third regular session day following the day |
| 8 | | on which the committee amendment was filed, unless (i) the |
| 9 | | Committee on Assignments referred the committee amendment to |
| 10 | | the standing committee to which the bill was assigned; (ii) |
| 11 | | the bill is no longer pending before the committee; (iii) the |
| 12 | | committee amendment deals with the subject of appropriations |
| 13 | | or State revenue; or (iv) the Committee on Assignments has |
| 14 | | determined by a majority vote that the committee amendment |
| 15 | | substantively alters the nature and scope of the underlying |
| 16 | | bill. If the Committee on Assignments makes a determination |
| 17 | | under item (iv) of this subsection, then the Committee on |
| 18 | | Assignments may, in its discretion, (A) refer both the bill |
| 19 | | and the committee amendment to any standing committee or (B) |
| 20 | | not refer the committee amendment to any other committee. |
| 21 | | (d) The Committee on Assignments may at any time re-refer |
| 22 | | a legislative measure from a committee to a Committee of the |
| 23 | | Whole or to any other committee. However, the Committee on |
| 24 | | Assignments may not re-refer a bill from a committee to a |
|
| | SR0004 | - 42 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | Committee of the Whole or any other committee unless the Chair |
| 2 | | of the committee to which the bill was originally referred |
| 3 | | consents in writing to the re-referral. |
| 4 | | (d-5) Notwithstanding any other provision of these Senate |
| 5 | | Rules, any bill pending before the Committee on Assignments |
| 6 | | shall be immediately referred to the indicated standing |
| 7 | | committee if the chief sponsor of the bill files a discharge |
| 8 | | motion for that bill that is signed by no less than |
| 9 | | three-fifths of the members of both the majority and minority |
| 10 | | caucus, and each of the members signing the discharge motion |
| 11 | | is a sponsor of the bill. This subsection does not apply to |
| 12 | | bills dealing with the subject of appropriations or State |
| 13 | | revenue. |
| 14 | | (d-10) Notwithstanding any other provision of these Senate |
| 15 | | Rules, if the Parliamentarian determines that an amendment is |
| 16 | | technical in nature, then the amendment shall be deemed |
| 17 | | approved for consideration by the Senate without referral to |
| 18 | | the Committee on Assignments. |
| 19 | | (e) This Rule may be suspended by a vote of three-fifths of |
| 20 | | the members elected. |
| 21 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A) |
| 22 | | (Senate Rule 3-9) |
|
| | SR0004 | - 43 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | 3-9. Re-Referrals to the Committee on Assignments. |
| 2 | | (a) All legislative measures, with the exception of |
| 3 | | resolutions to amend the State Constitution, that have failed |
| 4 | | to meet the applicable deadline established in accordance with |
| 5 | | Rule 2-10 for reporting to the Senate by a standing committee |
| 6 | | shall automatically be re-referred to the Committee on |
| 7 | | Assignments unless: (i) the deadline has been suspended |
| 8 | | pursuant to Rule 7-17, with re-referral to the Committee on |
| 9 | | Assignments to occur if the bill has not been reported to the |
| 10 | | Senate in accordance with the revised deadline; or (ii) the |
| 11 | | Committee on Assignments has issued a written exception to the |
| 12 | | Secretary with respect to a particular bill prior to the |
| 13 | | reporting deadline, with re-referral to occur, if at all, in |
| 14 | | accordance with the written exception. Should the President in |
| 15 | | accordance with Rule 2-10 establish deadlines for action on |
| 16 | | joint action motions or conference committee reports, the |
| 17 | | foregoing re-referral provisions and exceptions shall apply |
| 18 | | with respect to those legislative measures that fail to meet |
| 19 | | those deadlines. |
| 20 | | (b) All legislative measures, with the exception of |
| 21 | | resolutions to amend the State Constitution and Appointment |
| 22 | | Messages, pending before the Senate or any of its committees |
| 23 | | shall automatically be re-referred to the Committee on |
| 24 | | Assignments on the 31st consecutive day that the Senate has |
| 25 | | not convened for session unless: (i) this Rule has been |
|
| | SR0004 | - 44 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | suspended in accordance with Rule 7-17; or (ii) the Committee |
| 2 | | on Assignments has issued a written exception to the Secretary |
| 3 | | prior to that 31st day. |
| 4 | | (Source: S.R. 8, 103rd G.A.) |
| 5 | | (Senate Rule 3-10) |
| 6 | | 3-10. Reporting by Committees. Committees shall report to |
| 7 | | the Senate, and subcommittees shall report to their parent |
| 8 | | committees. If a legislative measure is assigned to more than |
| 9 | | one committee pursuant to Rule 3-8(a), the committee shall |
| 10 | | report the measure to the next committee directed by the |
| 11 | | Committee on Assignments until all directed committees have |
| 12 | | reported the measure or to the Senate if no other committee has |
| 13 | | been directed by the Committee on Assignments. |
| 14 | | (Source: S.R. 8, 103rd G.A.) |
| 15 | | (Senate Rule 3-11) |
| 16 | | 3-11. Committee Procedure. |
| 17 | | (a) A committee may consider any legislative measure |
| 18 | | referred to it and may make with respect to that legislative |
| 19 | | measure one of the following reports to the Senate or to the |
| 20 | | parent committee, as appropriate: |
| 21 | | (1) that the bill "do pass"; |
| 22 | | (2) that the bill "do not pass"; |
|
| | SR0004 | - 45 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (3) that the bill "do pass as amended"; |
| 2 | | (4) that the bill "do not pass as amended"; |
| 3 | | (5) that the resolution "be adopted"; |
| 4 | | (6) that the resolution "be not adopted"; |
| 5 | | (7) that the resolution "be adopted as amended"; |
| 6 | | (8) that the resolution "be not adopted as amended"; |
| 7 | | (9) that the floor amendment, joint action motion, or |
| 8 | | conference committee report "recommend do adopt"; |
| 9 | | (10) that the floor amendment, joint action motion, or |
| 10 | | conference committee report "recommend do not adopt"; |
| 11 | | (11) "without recommendation"; |
| 12 | | (12) that the legislative measure "be re-referred to |
| 13 | | the Committee on Assignments"; |
| 14 | | (13) that the Appointment Message be reported "do |
| 15 | | recommend consent"; or |
|
| | SR0004 | - 46 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (14) that the Appointment Message be reported "do not |
| 2 | | recommend consent". |
| 3 | | No second shall be required to any motion presented in |
| 4 | | committee. Any of the foregoing reports may only be made upon |
| 5 | | the concurrence of a majority of those appointed. All |
| 6 | | legislative measures reported "do pass", "do pass as amended", |
| 7 | | "be adopted", "be adopted as amended", or "be approved for |
| 8 | | consideration" shall be deemed favorably reported to the |
| 9 | | Senate. All Appointment Messages reported "do recommend |
| 10 | | consent", "do not recommend consent", or "without |
| 11 | | recommendation" shall be deemed reported to the Senate. Except |
| 12 | | as otherwise provided by these Senate Rules, any legislative |
| 13 | | measure referred to a committee and not reported pursuant to |
| 14 | | this Rule shall remain in that committee. Pursuant to Rules |
| 15 | | 3-11(g) and 7-10, a committee may report a legislative measure |
| 16 | | as tabled. |
| 17 | | (b) No bill that provides for an appropriation or |
| 18 | | expenditure of money from the State Treasury may be considered |
| 19 | | for passage by the Senate unless it has first been reported to |
| 20 | | the Senate by an Appropriations Committee, unless: |
| 21 | | (1) the bill was discharged from an Appropriations |
| 22 | | Committee in accordance with Rule 7-9; |
|
| | SR0004 | - 47 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (2) the bill was exempted from this requirement by a |
| 2 | | majority of those appointed to the Committee on |
| 3 | | Assignments; or |
| 4 | | (3) this Rule was suspended in accordance with Rule |
| 5 | | 7-17. |
| 6 | | (c) The Chair of each committee shall keep, or cause to be |
| 7 | | kept, a record in which there shall be entered: |
| 8 | | (1) The time and place of each meeting of the |
| 9 | | committee. |
| 10 | | (2) The attendance of committee members at each |
| 11 | | meeting. |
| 12 | | (3) The votes cast by the committee members on all |
| 13 | | legislative measures acted upon by the committee. |
| 14 | | (4) All witness slips that may have been presented to |
| 15 | | the committee. |
| 16 | | (5) Such additional information as may be requested by |
| 17 | | the Secretary. |
|
| | SR0004 | - 48 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (d) The committee Chair shall file with the Secretary, |
| 2 | | along with every bill or resolution reported upon, a sheet |
| 3 | | containing such information as is required by the Secretary. |
| 4 | | The Secretary may adopt forms, policies, and procedures with |
| 5 | | respect to the preparation, filing, and maintenance of these |
| 6 | | reports. |
| 7 | | (e) Except as provided in Rule 3-5 or 3-8 or unless this |
| 8 | | Rule is suspended pursuant to Rule 7-17, no committee may |
| 9 | | consider or conduct a hearing with respect to a legislative |
| 10 | | measure absent notice first being given as follows: |
| 11 | | (1) The Chair of the committee shall, no later than |
| 12 | | six days before any proposed hearing, post a notice on the |
| 13 | | Senate bulletin board, or electronically make the notice |
| 14 | | available, identifying each legislative measure that may |
| 15 | | be considered during that hearing. The notice shall |
| 16 | | contain the day, hour, and place of the hearing. |
| 17 | | (2) Meetings of the Committee on Assignments may be |
| 18 | | called pursuant to Rule 3-5; meetings of committees to |
| 19 | | consider floor amendments, joint action motions, and |
| 20 | | conference committee reports may be called pursuant to |
| 21 | | Rule 3-8. |
| 22 | | (3) The Chair shall, in advance of a committee |
|
| | SR0004 | - 49 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | hearing, notify all principal sponsors of legislative |
| 2 | | measures posted for hearing of the date, time, and place |
| 3 | | of hearing. When practicable, the Secretary shall include |
| 4 | | a notice of all scheduled hearings, together with all |
| 5 | | posted bills and resolutions, in the Daily Calendar of the |
| 6 | | Senate. |
| 7 | | Irrespective of whether a legislative measure has been posted |
| 8 | | for hearing, it shall be in order for a committee during any of |
| 9 | | its meetings to refer that legislative measure pending before |
| 10 | | it to a subcommittee of that committee. |
| 11 | | (f) Other than the Committee on Assignments and properly |
| 12 | | convened committees as permitted by Rule 4-1(c), no committee |
| 13 | | may meet during any session of the Senate, and no commission |
| 14 | | created by Illinois law that has legislative membership may |
| 15 | | meet during any session of the Senate. A perfunctory session |
| 16 | | is not deemed to be a session for the purposes of this |
| 17 | | provision. |
| 18 | | (g) Regardless of whether notice has been previously |
| 19 | | given, it is always in order for a committee to order any |
| 20 | | legislative measure pending before it to lie on the table when |
| 21 | | the principal sponsor so requests. When reported to the |
| 22 | | Senate, such committee action shall stand as the action of the |
| 23 | | Senate. |
|
| | SR0004 | - 50 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (h) When a committee fails to report a legislative measure |
| 2 | | pending before it to the Senate, or when a committee fails to |
| 3 | | hold a public hearing on a legislative measure pending before |
| 4 | | it, the exclusive means of bringing that legislative measure |
| 5 | | directly before the Senate for its consideration is pursuant |
| 6 | | to Rule 7-9. |
| 7 | | (i) No legislative measure may be called for a vote in |
| 8 | | committee in the absence of the principal sponsor, except |
| 9 | | that, with the approval of the principal sponsor and the |
| 10 | | consent of the committee, a legislative measure may be called |
| 11 | | for a vote in committee by a chief cosponsor of the legislative |
| 12 | | measure or by a member of the committee who is a member of the |
| 13 | | same caucus as the principal sponsor. |
| 14 | | (j) A committee may conduct a legislative investigation |
| 15 | | with regard to legislative measures pending before the |
| 16 | | committee. |
| 17 | | (k) A motion is renewable in the same committee in which it |
| 18 | | is posted. |
| 19 | | (Source: S.R. 8, 103rd G.A.) |
| 20 | | (Senate Rule 3-12) |
| 21 | | 3-12. Committee Reports. |
|
| | SR0004 | - 51 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (a) All bills favorably reported to the Senate from a |
| 2 | | committee or directed committees, or with respect to which a |
| 3 | | committee has been discharged, shall stand on the order of |
| 4 | | Second Reading unless otherwise ordered by the Senate, and may |
| 5 | | be amended only on Second Reading. Bills reported to the |
| 6 | | Senate from committee "do not pass", "do not pass as amended", |
| 7 | | or "without recommendation" shall lie on the table. |
| 8 | | (b) All floor amendments, joint action motions, and |
| 9 | | conference committee reports favorably reported to the Senate |
| 10 | | from a committee shall be before the Senate and eligible for |
| 11 | | consideration by the Senate when it is on an appropriate order |
| 12 | | of business (floor amendments may be considered by the Senate |
| 13 | | only when the bill to be amended is on Second Reading). All |
| 14 | | floor amendments, joint action motions, and conference |
| 15 | | committee reports that are reported to the Senate from |
| 16 | | committee "recommend do not adopt" or "without recommendation" |
| 17 | | shall lie on the table. |
| 18 | | (c) Except in the case of congratulatory resolutions, all |
| 19 | | resolutions favorably reported to the Senate from a committee, |
| 20 | | or with respect to which a committee has been discharged, |
| 21 | | shall stand on the order of Resolutions. All congratulatory |
| 22 | | resolutions favorably reported to the Senate from a committee, |
| 23 | | or with respect to which a committee has been discharged, |
| 24 | | shall stand on the order of the Congratulatory Resolutions |
|
| | SR0004 | - 52 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | Consent Calendar. All resolutions that are reported to the |
| 2 | | Senate from committee "be not adopted", "be not adopted as |
| 3 | | amended", or "without recommendation" shall lie on the table. |
| 4 | | Floor amendments to resolutions shall be subject to the same |
| 5 | | procedure applicable to floor amendments to bills. |
| 6 | | (d) All Appointment Messages reported to the Senate from a |
| 7 | | committee or directed committees, or with respect to which a |
| 8 | | committee has been discharged, shall stand on the order of |
| 9 | | Executive Appointments. |
| 10 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A) |
| 11 | | (Senate Rule 3-13) |
| 12 | | 3-13. Witnesses, Oaths, Affirmations, and Subpoenas. |
| 13 | | (a) Standing committees may administer oaths (or |
| 14 | | affirmations) and may compel, by subpoena, any person or |
| 15 | | entity to (i) appear and give testimony as a witness before the |
| 16 | | standing committee, (ii) produce papers, documents, and other |
| 17 | | materials relating to a legislative measure pending before the |
| 18 | | standing committee or a subject matter within the jurisdiction |
| 19 | | of the standing committee, or (iii) do both (i) and (ii). |
| 20 | | (b) Special committees may administer oaths (or |
| 21 | | affirmations) and may compel, by subpoena, any person or |
| 22 | | entity to (i) appear and give testimony before the special |
| 23 | | committee, (ii) produce papers, documents, and other materials |
|
| | SR0004 | - 53 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | relating to the subject matter for which the special committee |
| 2 | | was created or relating to a legislative measure pending |
| 3 | | before the special committee, or (iii) do both (i) and (ii). |
| 4 | | (c) A committee of the whole may administer oaths (or |
| 5 | | affirmations) and may compel, by subpoena, any person or |
| 6 | | entity to (i) appear and give testimony before the committee |
| 7 | | of the whole, (ii) produce papers, documents, and other |
| 8 | | materials relating to the subject matter for which the |
| 9 | | committee of the whole was created or relating to a |
| 10 | | legislative measure pending before the committee of the whole, |
| 11 | | or (iii) do both (i) and (ii). |
| 12 | | (d) Oaths may be administered under this Rule by the |
| 13 | | Presiding Officer or by the Chair of a committee or any person |
| 14 | | sitting in his or her stead. |
| 15 | | (e) Subpoenas issued under this Rule must be issued and |
| 16 | | signed by the Chair of the committee and must comply with Rule |
| 17 | | 2-5(c)(9). |
| 18 | | (f) A subpoena may specify terms and times of production |
| 19 | | other than at a meeting or hearing of the committee issuing the |
| 20 | | subpoena. |
| 21 | | (g) A subpoenaed witness has all the rights and privileges |
|
| | SR0004 | - 54 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | afforded him or her under the rules, laws, and constitution of |
| 2 | | the State of Illinois. |
| 3 | | (h) A witness who gives testimony under subpoena has a |
| 4 | | right to counsel of his or her own choosing. |
| 5 | | (i) A witness who gives testimony under subpoena may be |
| 6 | | compensated for travel expenses to the same extent as |
| 7 | | legislators and legislative employees under the Rules of the |
| 8 | | Legislative Travel Control Board. |
| 9 | | (j) The President and the Chair of the committee issuing a |
| 10 | | subpoena each have standing to enforce the subpoena in any |
| 11 | | court of competent jurisdiction within the State of Illinois, |
| 12 | | and seek enforcement remedies recognized under the rules, |
| 13 | | laws, and constitution of the State of Illinois. |
| 14 | | (k) In the case of special committees with Co-Chairs from |
| 15 | | different political parties, the term "Chair" for purposes of |
| 16 | | this Rule means the Co-Chair from the majority caucus. |
| 17 | | (Source: S.R. 8, 103rd G.A.) |
| 18 | | ARTICLE IV |
| 19 | | CONDUCT OF BUSINESS |
| 20 | | (Source: S.R. 8, 103rd G.A.)
|
|
| | SR0004 | - 55 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (Senate Rule 4-1) |
| 2 | | 4-1. Sessions of the Senate. |
| 3 | | (a) The Senate shall be deemed in session whenever it |
| 4 | | convenes in perfunctory session, regular session, veto |
| 5 | | session, or special session. Members shall be entitled to per |
| 6 | | diem expense reimbursements only on those regular, veto, and |
| 7 | | special session days that they are in attendance at the |
| 8 | | Senate. Attendance by members is not required or recorded |
| 9 | | during perfunctory sessions. |
| 10 | | (b) Regular and veto session days shall be scheduled with |
| 11 | | notice by the President in accordance with Rule 2-10. Special |
| 12 | | session days shall be scheduled in accordance with the |
| 13 | | Constitution and laws of Illinois. |
| 14 | | (c) The President, at his or her discretion, may schedule |
| 15 | | perfunctory sessions during which the Secretary may read into |
| 16 | | the Senate record any legislative measure. Properly convened |
| 17 | | committees may meet and may consider and act upon legislative |
| 18 | | measures during a perfunctory session, and the Secretary may |
| 19 | | receive and read committee reports into the Senate record |
| 20 | | during a perfunctory session. Excepting any automatic referral |
| 21 | | provisions of these Senate Rules, no action may be taken by the |
| 22 | | Senate with respect to a legislative measure during a |
| 23 | | perfunctory session. |
|
| | SR0004 | - 56 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (d) The President may also schedule perfunctory sessions |
| 2 | | for the purpose of affording those members designated by the |
| 3 | | President and Minority Leader an opportunity to negotiate with |
| 4 | | respect to any unfinished business of the Senate without |
| 5 | | necessitating the presence of all members and the related |
| 6 | | costs to Illinois taxpayers. |
| 7 | | (e) In times of pestilence or public danger, the Senate |
| 8 | | may adopt a motion to allow a member to remotely participate |
| 9 | | and vote in the regular and special sessions of the Senate, |
| 10 | | provided that at all times a quorum of members is physically |
| 11 | | present at the location of session. The President, in |
| 12 | | consultation with the Minority Leader, may establish a process |
| 13 | | by which Senators may participate and vote. |
| 14 | | (Source: S.R. 8, 103rd G.A.) |
| 15 | | (Senate Rule 4-2) |
| 16 | | 4-2. Hour of Meeting. Unless otherwise ordered by the |
| 17 | | Presiding Officer or by a majority of those elected, the |
| 18 | | Senate shall regularly convene at noon. |
| 19 | | (Source: S.R. 8, 103rd G.A.) |
| 20 | | (Senate Rule 4-3) |
| 21 | | 4-3. Entitled to Floor. |
| 22 | | (a) Except as otherwise provided in these Senate Rules, |
|
| | SR0004 | - 57 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | only the following persons shall be admitted to the Senate |
| 2 | | while it is in session: members and officers of the General |
| 3 | | Assembly; elected officers of the executive branch; justices |
| 4 | | of the Supreme Court; the designated aide to the Governor; the |
| 5 | | parliamentarian; majority staff members and minority staff |
| 6 | | members, except as limited by the Presiding Officer; former |
| 7 | | Presidents of the Senate, except as limited by the President |
| 8 | | or prohibited under subsection (d); former members who served |
| 9 | | in the Senate at any time during the past four years, except as |
| 10 | | limited by the President or prohibited under subsection (d); |
| 11 | | and employees of the Legislative Reference Bureau and the |
| 12 | | Legislative Information System, except as limited by the |
| 13 | | President. Representatives of the press, while the Senate is |
| 14 | | in session, may have access to the galleries and places |
| 15 | | allotted to them by the President. No person is entitled to the |
| 16 | | floor unless appropriately attired. |
| 17 | | (b) On days during which the Senate is in session, the |
| 18 | | Sergeant-at-Arms shall clear the floor of all persons not |
| 19 | | entitled to access the floor a quarter hour before the |
| 20 | | convening time, and he or she shall enforce all other |
| 21 | | provisions of this Rule. |
| 22 | | (c) The Senate may authorize, by motion adopted by |
| 23 | | majority vote, the admission to the floor of any other person, |
| 24 | | except as prohibited under subsection (d). |
|
| | SR0004 | - 58 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (d) No person who is directly or indirectly interested in |
| 2 | | defeating or promoting any pending legislative measure, if |
| 3 | | required to be registered as a lobbyist, is allowed access to |
| 4 | | the floor of the Senate at any time during the session. |
| 5 | | (e) When he or she deems it necessary for the preservation |
| 6 | | of order, the Presiding Officer may by order remove any person |
| 7 | | from the floor of the Senate. A Senator may be removed from the |
| 8 | | floor only pursuant to Rule 11-1. |
| 9 | | (Source: S.R. 8, 103rd G.A.) |
| 10 | | (Senate Rule 4-4) |
| 11 | | 4-4. Daily Order. Unless otherwise determined by the |
| 12 | | Presiding Officer, the daily order of business of the Senate |
| 13 | | shall be as follows: |
| 14 | | (1) Call to Order, Invocation, and Pledge of |
| 15 | | Allegiance. |
| 16 | | (2) Reading and Approval of the Journal. |
| 17 | | (3) Introduction and Reading of Senate Bills a first |
| 18 | | time. |
| 19 | | (4) Reports from committees, with reports from the |
|
| | SR0004 | - 59 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | Committee on Assignments ordinarily made at any time. |
| 2 | | (5) Presentation of Resolutions, Petitions, and |
| 3 | | Messages. |
| 4 | | (6) Messages from the House, not including reading |
| 5 | | House Bills a first time. |
| 6 | | (7) Reading of Senate Bills a second time. |
| 7 | | (8) Reading of Senate Bills a third time. |
| 8 | | (9) Reading of House Bills a third time. |
| 9 | | (10) Reading of House Bills a second time. |
| 10 | | (11) Reading of House Bills a first time. |
| 11 | | (12) Senate Bills on the Order of Concurrence. |
| 12 | | (13) House Bills on the Order of Non-Concurrence. |
| 13 | | (14) Conference Committee Reports. |
| 14 | | (15) Motions in Writing. |
|
| | SR0004 | - 60 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (16) Constitutional Amendment Resolutions. |
| 2 | | (17) Motions with respect to Vetoes. |
| 3 | | (18) Consideration of Resolutions. |
| 4 | | (19) Motions to Discharge Committee. |
| 5 | | (20) Motions to Take from the Table. |
| 6 | | (21) Motions to Suspend the Rules. |
| 7 | | (22) Consideration of Bills on the Order of Postponed |
| 8 | | Consideration. |
| 9 | | (Source: S.R. 8, 103rd G.A.) |
| 10 | | (Senate Rule 4-5) |
| 11 | | 4-5. Quorum. |
| 12 | | (a) A majority of those elected shall constitute a quorum |
| 13 | | of the Senate, and a majority of those appointed shall |
| 14 | | constitute a quorum of a committee, but a smaller number may |
| 15 | | adjourn from day to day or recess for less than one day. The |
| 16 | | attendance of absent members may be compelled by order of the |
| 17 | | President. |
| 18 | | (b) The question of the presence of a quorum in any |
|
| | SR0004 | - 61 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | committee may not be raised on consideration of a legislative |
| 2 | | measure by the Senate unless the same question was previously |
| 3 | | raised before the committee with respect to that legislative |
| 4 | | measure. |
| 5 | | (Source: S.R. 8, 103rd G.A.) |
| 6 | | (Senate Rule 4-6) |
| 7 | | 4-6. Approval of the Journal. The President or his or her |
| 8 | | designee shall periodically examine and report to the Senate |
| 9 | | any corrections he or she deems should be made in the Journal |
| 10 | | before it is approved. If these corrections are approved by |
| 11 | | the Senate, they shall be made by the Secretary. |
| 12 | | (Source: S.R. 8, 103rd G.A.) |
| 13 | | (Senate Rule 4-7) |
| 14 | | 4-7. Executive Sessions. The sessions of the Senate shall |
| 15 | | be open to the public. Sessions and committee meetings of the |
| 16 | | Senate may be closed to the public if, pursuant to Article IV, |
| 17 | | Section 5(c) of the Constitution, two-thirds of the members |
| 18 | | elected determine that the public interest so requires. |
| 19 | | (Source: S.R. 8, 103rd G.A.) |
| 20 | | (Senate Rule 4-8) |
| 21 | | 4-8. Length of Adjournment. Pursuant to Article IV, |
| 22 | | Section 15(a) of the Constitution, the Senate shall not |
| 23 | | adjourn, without the consent of the House, for more than three |
|
| | SR0004 | - 62 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | days, nor to another place than that in which the two chambers |
| 2 | | of the General Assembly are sitting. The Senate shall be in |
| 3 | | session on any day in which it shall convene in perfunctory |
| 4 | | session, regular session, veto session, or special session. |
| 5 | | (Source: S.R. 8, 103rd G.A.) |
| 6 | | (Senate Rule 4-9) |
| 7 | | 4-9. Transcript of the Senate. In accordance with Article |
| 8 | | IV, Section 7(b) of the Constitution, nothing contained in the |
| 9 | | official transcript of the Senate shall be changed or expunged |
| 10 | | except by written request of a Senator to the Secretary and |
| 11 | | Presiding Officer, which request may be approved only on a |
| 12 | | roll call vote of three-fifths of the members elected. |
| 13 | | (Source: S.R. 8, 103rd G.A.) |
| 14 | | ARTICLE V |
| 15 | | BILLS AND AMENDMENTS |
| 16 | | (Source: S.R. 8, 103rd G.A.)
|
| 17 | | (Senate Rule 5-1) |
| 18 | | 5-1. Bills. |
| 19 | | (a) A bill may be introduced in the Senate by sponsorship |
| 20 | | of one or more members of the Senate, whose names shall be on |
| 21 | | the printed copies of the bills, in the Senate Journal, and in |
| 22 | | the Legislative Digest. The principal sponsor shall be the |
|
| | SR0004 | - 63 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | first name to appear on the bill and may be joined by no more |
| 2 | | than four chief cosponsors with the approval of the principal |
| 3 | | sponsor; other cosponsors shall be separated from the |
| 4 | | principal sponsor and any chief cosponsors by a comma. By |
| 5 | | motion, the sponsorship of a bill may be changed to that of |
| 6 | | another Senator (or Senators, as the case may be), or to that |
| 7 | | of the standing committee to which the bill was referred or |
| 8 | | from which the bill was reported. Such a motion may be made at |
| 9 | | any time the bill is pending before the Senate or any of its |
| 10 | | committees. If the principal sponsor of a measure still |
| 11 | | pending before the General Assembly ceases to be a member of |
| 12 | | the Senate, sponsorship of such pending measures shall be |
| 13 | | automatically transferred to the leader of that former |
| 14 | | member's caucus or the caucus with which the former member |
| 15 | | caucused, either the President or Minority Leader. If the |
| 16 | | principal sponsor is not a member of either the President or |
| 17 | | Minority Leader's party, then the sponsorship shall be |
| 18 | | transferred to the President. |
| 19 | | (b) The principal sponsor of a bill shall control the bill |
| 20 | | and may allow a chief cosponsor (i) to present the bill on |
| 21 | | Third Reading with written approval or (ii) to move the bill |
| 22 | | from Second Reading to Third Reading. A committee-sponsored |
| 23 | | bill shall be controlled by the Chair of the committee, who for |
| 24 | | purposes of these Senate Rules shall be deemed the principal |
| 25 | | sponsor. Committee-sponsored bills may not have individual |
|
| | SR0004 | - 64 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | cosponsors. |
| 2 | | (c) (1) The House sponsor of a bill originating in the |
| 3 | | House may request substitute Senate sponsorship of that bill |
| 4 | | by filing a notice with the Secretary; that notice shall |
| 5 | | automatically be referred to the Committee on Assignments and |
| 6 | | deemed adopted if approved by the Committee on Assignments. |
| 7 | | (2) The notice shall include the bill number, the name of |
| 8 | | the Senate chief sponsor to be substituted, the signature of |
| 9 | | the House sponsor, the signature of the substitute Senate |
| 10 | | chief sponsor, and a statement that the original Senate |
| 11 | | sponsor was provided with notice of intent to request a |
| 12 | | substitute Senate sponsor. |
| 13 | | (3) The Committee on Assignments shall act on any notice |
| 14 | | within three session days (excluding perfunctory session |
| 15 | | days). If the Committee on Assignments fails to act on that |
| 16 | | notice within three session days, then the notice shall be |
| 17 | | deemed approved and the Senate sponsorship of the House Bill |
| 18 | | will be substituted pursuant to the notice. The President of |
| 19 | | the Senate may suspend in writing the operation of the three |
| 20 | | session day automatic approval process set forth under this |
| 21 | | subsection (c) if the President determines that the Rules |
| 22 | | Committee of the House of Representatives has failed to act on |
| 23 | | any Senator's request to substitute House sponsorship of a |
|
| | SR0004 | - 65 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | Senate Bill. |
| 2 | | (d) All bills introduced in the Senate shall be read by |
| 3 | | title a first time, ordered printed, and automatically |
| 4 | | referred to the Committee on Assignments in accordance with |
| 5 | | Rule 3-8. When a House Bill is received, it shall be taken up, |
| 6 | | ordered printed, and placed on the order of House Bills on |
| 7 | | First Reading; after having been read a first time, it shall |
| 8 | | automatically be referred to the Committee on Assignments in |
| 9 | | accordance with Rule 3-8. |
| 10 | | (e) A bill shall be introduced by filing six copies with |
| 11 | | the Secretary. Any bill that amends a statute shall indicate |
| 12 | | the particular changes in the following manner: |
| 13 | | (1) All new matter shall be underscored. |
| 14 | | (2) All matter that is to be omitted or superseded |
| 15 | | shall be shown crossed with a line. |
| 16 | | (f) No bill shall be passed by the Senate except on a roll |
| 17 | | call vote of a majority of those elected. A bill that has lost |
| 18 | | and has not been reconsidered may not thereafter be revived. |
| 19 | | (Source: S.R. 8, 103rd G.A.) |
| 20 | | (Senate Rule 5-2) |
|
| | SR0004 | - 66 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | 5-2. Reading and Printing of Bills. Every bill shall be |
| 2 | | read by title on three different days prior to passage by the |
| 3 | | Senate, and the bill and all adopted amendments thereto shall |
| 4 | | be printed before the vote is taken on its final passage. |
| 5 | | (Source: S.R. 8, 103rd G.A.) |
| 6 | | (Senate Rule 5-3) |
| 7 | | 5-3. Printing and Distribution. The Secretary shall, as |
| 8 | | soon as any bill is printed, deliver to the Sergeant-at-Arms |
| 9 | | sufficient copies to furnish each Senator with a copy, and the |
| 10 | | Sergeant-at-Arms shall at once cause the bills to be |
| 11 | | distributed upon the desks of the Senators. Alternatively, and |
| 12 | | pursuant to Rule 2-7(b)(3), the Secretary may establish a |
| 13 | | method any Senator may use to secure a copy of any bill he or |
| 14 | | she desires. |
| 15 | | (Source: S.R. 8, 103rd G.A.) |
| 16 | | (Senate Rule 5-4) |
| 17 | | 5-4. Amendments. |
| 18 | | (a) An amendment to a bill may be adopted either by a |
| 19 | | standing committee when the bill is before that committee, or |
| 20 | | by the Senate when a bill is on the order of Second Reading. |
| 21 | | The former shall be known as a "committee amendment" and the |
| 22 | | latter as a "floor amendment". All amendments must be in |
| 23 | | writing. All amendments still pending in a committee upon the |
| 24 | | passage or defeat of a bill on Third Reading shall |
|
| | SR0004 | - 67 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | automatically be tabled. |
| 2 | | (b) Committee amendments, except for committee amendments |
| 3 | | that amend appropriation bills, may only be offered by the |
| 4 | | principal sponsor or a member of the committee while the |
| 5 | | affected bill is before the committee, and shall be adopted by |
| 6 | | a majority of those appointed. Committee amendments that amend |
| 7 | | appropriation bills may be offered by any Senator. Floor |
| 8 | | amendments may only be offered by a Senator while the bill is |
| 9 | | on the order of Second Reading, and shall be adopted by a |
| 10 | | majority vote of the Senate. An amendment may be the subject of |
| 11 | | a motion to "do adopt" or "do not adopt", and may only be |
| 12 | | adopted pursuant to a successful motion to "do adopt". |
| 13 | | (c) Committee amendments and floor amendments shall be |
| 14 | | filed with the Secretary, and shall be in order only when one |
| 15 | | copy has been filed. The Secretary shall provide copies of |
| 16 | | committee amendments to the Chair and Minority Spokesperson of |
| 17 | | the appropriate committee as soon as practicable, such copies |
| 18 | | may be made available electronically. |
| 19 | | (d) The Secretary shall have printed all adopted committee |
| 20 | | amendments that come before the Senate pursuant to Rule 3-12. |
| 21 | | The Secretary shall also have printed all adopted floor |
| 22 | | amendments. No floor amendment may be adopted by the Senate |
| 23 | | unless it has been first reproduced and placed on the members' |
|
| | SR0004 | - 68 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | desks or made available electronically. |
| 2 | | (e) No floor or committee amendment shall be in order |
| 3 | | unless approved or referred by the Committee on Assignments in |
| 4 | | accordance with Rule 3-8 or brought before the Senate pursuant |
| 5 | | to Rule 7-9. |
| 6 | | (f) Amendments that propose to alter any existing law |
| 7 | | shall set forth completely the statutory Sections amended, and |
| 8 | | shall conform to the requirements of Rule 5-1(e). |
| 9 | | (g) If a committee reports a bill "do pass as amended", the |
| 10 | | committee amendments shall be deemed adopted by the committee |
| 11 | | action and shall be reproduced and placed on the members' |
| 12 | | desks or made available electronically before the bill may be |
| 13 | | read a second time. |
| 14 | | (Source: S.R. 8, 103rd G.A.) |
| 15 | | (Senate Rule 5-5) |
| 16 | | 5-5. Fiscal and Other Notes. The Senate shall comply with |
| 17 | | all effective Illinois laws requiring notes on any bill, |
| 18 | | including without limitation the Fiscal Note Act, the Pension |
| 19 | | Impact Note Act, the Judicial Note Act, the State Debt Impact |
| 20 | | Note Act, the Correctional Budget and Impact Note Act, the |
| 21 | | Home Rule Note Act, the Balanced Budget Note Act, the Housing |
| 22 | | Affordability Impact Note Act, the Racial Impact Note Act, and |
|
| | SR0004 | - 69 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | the State Mandates Act, all as amended. All such notes shall be |
| 2 | | filed with the Secretary with a time stamp endorsing the date |
| 3 | | and time received, and shall then be attached to the original |
| 4 | | of the bill and be available for inspection by the members. As |
| 5 | | soon as practicable, the Secretary shall provide a copy of the |
| 6 | | note to the Legislative Reference Bureau, which shall provide |
| 7 | | an informative summary of the note in subsequent issues of the |
| 8 | | Legislative Digest. |
| 9 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A) |
| 10 | | (Senate Rule 5-6) |
| 11 | | 5-6. Quick-Take. No bill authorizing the State or a unit |
| 12 | | of local government to acquire property by eminent domain |
| 13 | | using "quick-take" powers under the Eminent Domain Act may be |
| 14 | | voted upon in committee or on Third Reading unless the State or |
| 15 | | the unit of local government, as applicable, has complied with |
| 16 | | all of the following procedures: |
| 17 | | (a) The State or the unit of local government must notify |
| 18 | | each owner of an interest in the property, by certified mail, |
| 19 | | of the intention of the State or the unit of local government |
| 20 | | to request approval of legislation by the General Assembly |
| 21 | | authorizing the State or the unit of local government to |
| 22 | | acquire the property by eminent domain using "quick-take" |
| 23 | | powers under Section 20-5-5 of the Eminent Domain Act. |
|
| | SR0004 | - 70 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (b) The State or the unit of local government must cause |
| 2 | | notice of its intention to request authorization to acquire |
| 3 | | the property by eminent domain using "quick-take" powers to be |
| 4 | | published in a newspaper of general circulation in the |
| 5 | | territory sought to be acquired by the State or the unit of |
| 6 | | local government. |
| 7 | | (c) Following the notices required under subsections (a) |
| 8 | | and (b), the State or the unit of local government must hold at |
| 9 | | least one public hearing, at the place where the unit of local |
| 10 | | government normally holds its business meetings (or, in the |
| 11 | | case of property sought to be acquired by the State: (i) at a |
| 12 | | location in the county in which the property sought to be |
| 13 | | acquired by the State is located, or (ii) if the property is |
| 14 | | located in Cook County, at a location in the township in which |
| 15 | | the property is located, or (iii) if the property is located in |
| 16 | | 2 adjacent counties other than Cook County or in 2 adjacent |
| 17 | | townships in Cook County, at a location in the county or in the |
| 18 | | township in Cook County in which the majority of the property |
| 19 | | is located, or (iv) if the property is located in Cook County |
| 20 | | and an adjacent county, at a location in the other county or in |
| 21 | | the township in Cook County in which the majority of the |
| 22 | | property is located), on the question of the acquisition of |
| 23 | | the property by the State or the unit of local government by |
| 24 | | eminent domain using "quick-take" powers. |
|
| | SR0004 | - 71 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (d) In the case of property sought to be acquired by a unit |
| 2 | | of local government, following the public hearing or hearings |
| 3 | | held under subsection (3), the unit of local government must |
| 4 | | adopt, by recorded vote, a resolution to request approval of |
| 5 | | legislation by the General Assembly authorizing the unit of |
| 6 | | local government to acquire the property by eminent domain |
| 7 | | using "quick-take" powers under the Eminent Domain Act. The |
| 8 | | resolution must include a statement of the time period within |
| 9 | | which the unit of local government requests authority to |
| 10 | | exercise "quick-take" powers, which may not exceed one year. |
| 11 | | (e) Following the public hearing or hearings held under |
| 12 | | subsection (c), the head of the appropriate State office, |
| 13 | | department, or agency or the chief elected official of the |
| 14 | | unit of local government, as applicable, must submit to the |
| 15 | | President of the Senate, or his or her designee, and the |
| 16 | | Minority Leader, or his or her designee, a sworn, notarized |
| 17 | | affidavit that contains, or has attached as an incorporated |
| 18 | | exhibit, all of the following: |
| 19 | | (1) The legal description of the property. |
| 20 | | (2) The street address of the property. |
| 21 | | (3) The name of each State Senator and State |
| 22 | | Representative who represents the territory that is the |
|
| | SR0004 | - 72 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | subject of the proposed taking. |
| 2 | | (4) The date or dates on which the State or the unit of |
| 3 | | local government contacted each such State Senator and |
| 4 | | State Representative concerning the intention of the State |
| 5 | | or the unit of local government to request approval of |
| 6 | | legislation by the General Assembly authorizing the State |
| 7 | | or the unit of local government to acquire the property by |
| 8 | | eminent domain using "quick-take" powers. |
| 9 | | (5) The current name, address, and telephone number of |
| 10 | | each owner of an interest in the property. |
| 11 | | (6) A summary of all negotiations between the State or |
| 12 | | the unit of local government and the owner or owners of the |
| 13 | | property concerning the sale of the property to the State |
| 14 | | or the unit of local government. |
| 15 | | (7) A statement of the date and location of each |
| 16 | | public hearing held under subsection (c). |
| 17 | | (8) A statement of the public purpose for which the |
| 18 | | State or the unit of local government seeks to acquire the |
| 19 | | property. |
| 20 | | (9) The certification of the head of the appropriate |
|
| | SR0004 | - 73 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | State office, department, or agency or the chief elected |
| 2 | | official of the unit of local government, as applicable, |
| 3 | | that (i) the property is located within the territory |
| 4 | | under the jurisdiction of the State or the unit of local |
| 5 | | government and (ii) the State or the unit of local |
| 6 | | government seeks to acquire the property for a public |
| 7 | | purpose. |
| 8 | | (10) A map of the area in which the property to be |
| 9 | | acquired is located, showing the location of the property. |
| 10 | | (11) Photographs of the property. |
| 11 | | (12) An appraisal of the property by a real estate |
| 12 | | appraiser who is certified or licensed under the Real |
| 13 | | Estate Appraiser Licensing Act of 2002. |
| 14 | | (13) In the case of property sought to be acquired by a |
| 15 | | unit of local government, a copy of the resolution adopted |
| 16 | | by the unit of local government under subsection (d). |
| 17 | | (14) Documentation of the public purpose for which the |
| 18 | | State or the unit of local government seeks to acquire the |
| 19 | | property. |
| 20 | | (15) A copy of each notice sent to an owner of an |
|
| | SR0004 | - 74 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | interest in the property under subsection (a). |
| 2 | | A request for quick-take authority shall not be considered |
| 3 | | by the Senate fewer than 30 days after the date of the notice |
| 4 | | to each property owner as required by subsection (a). |
| 5 | | Every affidavit submitted by the State or a unit of local |
| 6 | | government pursuant to this Rule, together with all documents |
| 7 | | and other items submitted with the affidavit, must be made |
| 8 | | available to any person upon request for inspection and |
| 9 | | copying. |
| 10 | | (Source: S.R. 8, 103rd G.A.) |
| 11 | | ARTICLE VI |
| 12 | | RESOLUTIONS AND CERTIFICATES OF RECOGNITION |
| 13 | | (Source: S.R. 8, 103rd G.A.)
|
| 14 | | (Senate Rule 6-1) |
| 15 | | 6-1. Resolutions. |
| 16 | | (a) A resolution shall be introduced in the Senate by |
| 17 | | sponsorship of one or more members of the Senate, and the names |
| 18 | | of all sponsors shall be printed in the Senate Journal and in |
| 19 | | the Legislative Digest. Each resolution, except for a |
| 20 | | celebration of life resolution or congratulatory resolution, |
| 21 | | shall be introduced by filing six copies; each celebration of |
|
| | SR0004 | - 75 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | life resolution and congratulatory resolution shall be |
| 2 | | introduced by filing three copies. |
| 3 | | (b) Any resolution calling for the expenditure of State |
| 4 | | funds may be adopted only by a roll call vote of a majority of |
| 5 | | those elected. |
| 6 | | (c) The Secretary shall periodically print a Resolutions |
| 7 | | Consent Calendar, the Secretary may provide the Resolutions |
| 8 | | Consent Calendar electronically, which the Secretary shall |
| 9 | | periodically distribute prior to its consideration by the |
| 10 | | Senate (generally the last daily session of the week). No |
| 11 | | debate is in order regarding any resolution appearing on the |
| 12 | | Resolutions Consent Calendar. All resolutions appearing on the |
| 13 | | Resolutions Consent Calendar may be adopted in one motion; |
| 14 | | however, any Senator may vote "no" or "present" on any |
| 15 | | resolution appearing on the Resolutions Consent Calendar by |
| 16 | | providing written notice of that intention to the Secretary |
| 17 | | prior to the vote on the Resolutions Consent Calendar. Prior |
| 18 | | to the adoption of any resolution on the Resolutions Consent |
| 19 | | Calendar, if any three members file with the Secretary a |
| 20 | | written objection to the presence of a resolution thereon, |
| 21 | | that resolution shall be removed from the Resolutions Consent |
| 22 | | Calendar and is automatically referred to the Committee on |
| 23 | | Assignments. |
|
| | SR0004 | - 76 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (d) The Secretary shall periodically print a |
| 2 | | Congratulatory Resolutions Consent Calendar, the Secretary may |
| 3 | | provide the Congratulatory Resolutions Consent Calendar |
| 4 | | electronically, which the Secretary shall periodically |
| 5 | | distribute prior to its consideration by the Senate. No debate |
| 6 | | is in order regarding any congratulatory resolution appearing |
| 7 | | on the Congratulatory Resolutions Consent Calendar. All |
| 8 | | congratulatory resolutions appearing on the Congratulatory |
| 9 | | Resolutions Consent Calendar may be adopted in one motion; |
| 10 | | however, any Senator may vote "no" or "present" on any |
| 11 | | resolution appearing on the Congratulatory Resolutions Consent |
| 12 | | Calendar by providing written notice of that intention to the |
| 13 | | Secretary prior to the vote on the Congratulatory Resolutions |
| 14 | | Consent Calendar. Prior to the adoption of any congratulatory |
| 15 | | resolution on the Congratulatory Resolutions Consent Calendar, |
| 16 | | if any three members file with the Secretary a written |
| 17 | | objection to the presence of a congratulatory resolution |
| 18 | | thereon, that congratulatory resolution shall be removed from |
| 19 | | the Congratulatory Resolutions Consent Calendar and is |
| 20 | | automatically referred to the Committee on Assignments. |
| 21 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A) |
| 22 | | (Senate Rule 6-2) |
| 23 | | 6-2. State Constitutional Amendments. All resolutions |
| 24 | | introduced in the Senate proposing amendments to the |
| 25 | | Constitution shall be printed in the same manner in which |
|
| | SR0004 | - 77 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | bills are printed. Every such resolution that originated in |
| 2 | | the House and is presented to the Senate shall be ordered |
| 3 | | printed in like manner unless the resolution has been |
| 4 | | similarly printed by the House in the same form in which it was |
| 5 | | presented to the Senate. No such resolution may be adopted |
| 6 | | unless read in full in its final form on three different days. |
| 7 | | Amendments to these resolutions may be in order on the initial |
| 8 | | First and Second Readings only. |
| 9 | | (Source: S.R. 8, 103rd G.A.) |
| 10 | | (Senate Rule 6-3) |
| 11 | | 6-3. Federal Constitutional Amendments and Constitutional |
| 12 | | Conventions. The affirmative vote of three-fifths of those |
| 13 | | elected shall be required to adopt any resolution: |
| 14 | | (1) requesting Congress to call a federal |
| 15 | | constitutional convention; |
| 16 | | (2) ratifying a proposed amendment to the Constitution |
| 17 | | of the United States; or |
| 18 | | (3) to call a State convention to ratify a proposed |
| 19 | | amendment to the Constitution of the United States. |
| 20 | | (Source: S.R. 8, 103rd G.A.) |
| 21 | | (Senate Rule 6-4) |
|
| | SR0004 | - 78 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | 6-4. Certificates of Recognition. Any member may sponsor a |
| 2 | | certificate of recognition with the name and signature of the |
| 3 | | member, and attested by the Secretary with the State Seal |
| 4 | | attached to recognize any person, organization, or event |
| 5 | | worthy of public commendation. The form of the Certificate of |
| 6 | | Recognition shall be determined by the Secretary with the |
| 7 | | approval of the President and Minority Leader. |
| 8 | | (Source: S.R. 8, 103rd G.A.) |
| 9 | | ARTICLE VII |
| 10 | | PARLIAMENTARY PRACTICE |
| 11 | | (Source: S.R. 8, 103rd G.A.)
|
| 12 | | (Senate Rule 7-1) |
| 13 | | 7-1. Voting within Bar. Except as provided under Rule |
| 14 | | 4-1(e), no Senator shall be permitted to vote on any question |
| 15 | | before the Senate unless on the floor before the vote is |
| 16 | | announced. Except as provided by Rule 3-1(f), no member of a |
| 17 | | committee may vote except in person at the time of the call of |
| 18 | | the committee vote. Any vote of the Senate shall be by roll |
| 19 | | call whenever two Senators so request or whenever the |
| 20 | | Presiding Officer so orders. |
| 21 | | (Source: S.R. 8, 103rd G.A.) |
| 22 | | (Senate Rule 7-2) |
|
| | SR0004 | - 79 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | 7-2. Announcing a Roll Call Vote. When a roll call vote is |
| 2 | | requested, the Presiding Officer shall put the question and |
| 3 | | then announce to the Senate: "The voting is open.". While the |
| 4 | | roll call is being taken, the Presiding Officer shall state: |
| 5 | | "Have all voted who wish?". The voting is closed when the |
| 6 | | Presiding Officer announces: "Take the Record.". The Presiding |
| 7 | | Officer shall then announce the results of the roll call. No |
| 8 | | Senator is permitted to vote or to change his or her vote after |
| 9 | | the Presiding Officer announces: "Take the Record.". |
| 10 | | (Source: S.R. 8, 103rd G.A.) |
| 11 | | (Senate Rule 7-3) |
| 12 | | 7-3. Decorum and Debate. |
| 13 | | (a) When any Senator is about to speak or deliver any |
| 14 | | matter to the Senate, he or she shall rise and address the |
| 15 | | Presiding Officer as "Mister President" or "Madam President", |
| 16 | | as the case may be. Upon being recognized by the Chair, the |
| 17 | | latter will address the Senator by name and thereupon, and not |
| 18 | | until then, the engineer in charge of operating the |
| 19 | | microphones in the Senate will give the use of the microphone |
| 20 | | to the Senator who has been so recognized. The Senator in |
| 21 | | speaking shall confine himself or herself to the subject |
| 22 | | matter under discussion and avoid personalities, threats, |
| 23 | | inciting violence, or other assaults. |
| 24 | | (b) The Presiding Officer may at his or her discretion, |
|
| | SR0004 | - 80 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | and with consideration for the efficient operation of the |
| 2 | | Senate, determine whether any member shall be afforded the |
| 3 | | floor for the purpose of introduction of guests in the |
| 4 | | gallery. Questions affecting the rights, reputation, and |
| 5 | | conduct of members of the Senate in their representative |
| 6 | | capacity are questions of personal privilege. A matter of |
| 7 | | personal explanation does not constitute a question of |
| 8 | | personal privilege. |
| 9 | | (c) If any Senator in speaking (or otherwise) transgresses |
| 10 | | these Senate Rules, the Presiding Officer shall, or any |
| 11 | | Senator may, call him or her to order, in which case the |
| 12 | | Senator so called to order shall sit down, unless permitted to |
| 13 | | explain; and the Senate, if appealed to, shall decide on the |
| 14 | | case without debate. If the decision is in favor of the Senator |
| 15 | | called to order, he or she is at liberty to proceed. If |
| 16 | | otherwise, and the case requires it, he or she is liable to the |
| 17 | | censure of the Senate. |
| 18 | | (d) If any Senator is called to order for words spoken in |
| 19 | | debate, the person calling him or her to order shall repeat the |
| 20 | | words excepted to, and they shall be taken down by the |
| 21 | | Secretary. No Senator shall be held to answer or be subject to |
| 22 | | the censure of the Senate for words spoken in debate if any |
| 23 | | Senator has spoken in debate or other business has intervened |
| 24 | | after the words spoken and before exceptions to them shall |
|
| | SR0004 | - 81 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | have been taken. |
| 2 | | (e) If two or more Senators rise at once, the Presiding |
| 3 | | Officer shall name the Senator who is to speak first. |
| 4 | | (f) No person shall give any signs of approbation or |
| 5 | | disapprobation while the Senate is in session. |
| 6 | | (g) No Senator shall speak more than five minutes on the |
| 7 | | same question without the consent of the Senate, nor more than |
| 8 | | twice on that question. No Senator shall speak more than once |
| 9 | | until every Senator choosing to speak has spoken. However, the |
| 10 | | Presiding Officer, in his or her discretion, may set time |
| 11 | | limits for the presentation of a legislative measure by the |
| 12 | | principal sponsor or a member designated by the principal |
| 13 | | sponsor and debate by Senators seeking to debate the |
| 14 | | legislative measure. No Senator may explain his or her vote. |
| 15 | | (h) While the Presiding Officer is putting a question, no |
| 16 | | Senator shall leave or walk across the Senate Chamber. When a |
| 17 | | Senator is addressing the Senate, no Senator or other person |
| 18 | | entitled to the floor shall entertain private discourse or |
| 19 | | pass between the speaker and the Presiding Officer. |
| 20 | | (i) In case of any disturbances or disorderly conduct in |
| 21 | | the lobby, gallery, or hallways adjoining the chamber, the |
|
| | SR0004 | - 82 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | President shall have the power to order the same to be cleared. |
| 2 | | (j) All material placed on the desks of Senators shall |
| 3 | | contain the name of the Senator requesting its distribution. |
| 4 | | (Source: S.R. 8, 103rd G.A.) |
| 5 | | (Senate Rule 7-4) |
| 6 | | 7-4. Motions, Generally. The following are general rules |
| 7 | | for all motions: |
| 8 | | (1) Every motion, except to adjourn, recess, or |
| 9 | | postpone consideration, shall be reduced to writing if the |
| 10 | | Presiding Officer desires it. Unless otherwise provided in |
| 11 | | these Senate Rules, no second shall be required to any |
| 12 | | motion presented to the Senate. The Presiding Officer may |
| 13 | | refer any motion to the Committee on Assignments. |
| 14 | | (2) Before the Senate debates a motion, the Presiding |
| 15 | | Officer shall state an oral motion and the Secretary shall |
| 16 | | read aloud a written motion. |
| 17 | | (3) After a motion is stated by the Presiding Officer |
| 18 | | or read by the Secretary, it shall be deemed in the |
| 19 | | possession of the Senate, but may be withdrawn at any time |
| 20 | | before decision by consent of a majority of the Senate. |
|
| | SR0004 | - 83 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (4) If a motion is divisible, any member may call for a |
| 2 | | division of the question. |
| 3 | | (5) Any question taken under consideration may be |
| 4 | | withdrawn, postponed, or tabled by unanimous consent or, |
| 5 | | if unanimous consent is denied, by a motion adopted by a |
| 6 | | majority vote. |
| 7 | | (Source: S.R. 8, 103rd G.A.) |
| 8 | | (Senate Rule 7-5) |
| 9 | | 7-5. Precedence of Motions. |
| 10 | | (a) When a question is under debate, no motion may be |
| 11 | | entertained except: |
| 12 | | (1) to adjourn to a time certain; |
| 13 | | (2) to adjourn; |
| 14 | | (3) to question the presence of a quorum; |
| 15 | | (4) to recess; |
| 16 | | (5) to lay on the table; |
| 17 | | (6) for the previous question; |
|
| | SR0004 | - 84 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (7) to postpone consideration; |
| 2 | | (8) to commit or recommit; and |
| 3 | | (9) to amend, except as otherwise provided in these |
| 4 | | Senate Rules. |
| 5 | | The foregoing motions shall have precedence in the order in |
| 6 | | which they are listed. |
| 7 | | (b) During a roll call, no motion (except a motion to |
| 8 | | postpone consideration) shall be in order until after the |
| 9 | | announcement of the result of the vote. |
| 10 | | (c) A motion to commit or recommit, until it is decided, |
| 11 | | precludes all amendments and debate on the main question. A |
| 12 | | motion to postpone consideration, until it is decided, |
| 13 | | precludes all amendments on the main question. |
| 14 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A) |
| 15 | | (Senate Rule 7-6) |
| 16 | | 7-6. Verification. |
| 17 | | (a) Prior to the Presiding Officer putting a question to |
| 18 | | the Senate, it shall be in order for any Senator to request |
| 19 | | verification of the results of any roll call where a specific |
| 20 | | number of affirmative votes are required for passage of the |
|
| | SR0004 | - 85 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | question. After the roll call is taken, the Senator requesting |
| 2 | | the verification may withdraw his or her request. If the |
| 3 | | question fails to receive the required affirmative votes, the |
| 4 | | verification will be deemed withdrawn. The verification rules |
| 5 | | of this subsection (a) apply only while the Senate is |
| 6 | | convening outside of the State Capitol building. |
| 7 | | (b) In verifying a roll call vote, the Presiding Officer |
| 8 | | shall instruct the Secretary to call the names of those |
| 9 | | Senators whose votes are to be verified. The Senator |
| 10 | | requesting the verification may thereafter identify those |
| 11 | | members he or she wishes to verify. If a member does not |
| 12 | | answer, his or her vote shall be stricken; however, the |
| 13 | | member's vote shall be restored to the roll if his or her |
| 14 | | presence is recognized before the verification is completed. |
| 15 | | The Presiding Officer shall determine the presence or absence |
| 16 | | of each member whose name is called, and shall then announce |
| 17 | | the results of the verification. |
| 18 | | (c) While the results of any roll call are being verified, |
| 19 | | it is in order for any Senator to announce his or her presence |
| 20 | | on the floor and thereby have his or her vote verified. |
| 21 | | (d) A request for a verification of the affirmative and |
| 22 | | negative results of a roll call may be made only once on each |
| 23 | | roll call. |
|
| | SR0004 | - 86 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (e) No Senator shall be permitted to vote or to change his |
| 2 | | or her vote on verification. |
| 3 | | (Source: S.R. 8, 103rd G.A.) |
| 4 | | (Senate Rule 7-7) |
| 5 | | 7-7. Appealing a Ruling. |
| 6 | | (a) If any appeal is taken from a ruling of the Presiding |
| 7 | | Officer, the Presiding Officer shall be sustained unless |
| 8 | | three-fifths of the members elected vote to overrule the |
| 9 | | Presiding Officer. The motion to appeal requires a second, and |
| 10 | | it shall not be in order if the Senate has conducted |
| 11 | | intervening business since the ruling at issue was made. |
| 12 | | (b) If any appeal is taken from a ruling of a committee |
| 13 | | Chair, the Chair shall be sustained unless three-fifths of |
| 14 | | those appointed vote to overrule the Chair. The motion to |
| 15 | | appeal requires a second, and it shall not be in order if the |
| 16 | | committee has adjourned or recessed, so long as intervening |
| 17 | | business has occurred. |
| 18 | | (c) In an appeal of a ruling of the Presiding Officer or |
| 19 | | Chair, the question is: "Shall the ruling of the Chair be |
| 20 | | sustained?". |
| 21 | | (d) This Rule may be suspended by a three-fifths vote of |
|
| | SR0004 | - 87 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | the members elected. |
| 2 | | (Source: S.R. 8, 103rd G.A.) |
| 3 | | (Senate Rule 7-8) |
| 4 | | 7-8. Previous Question. |
| 5 | | (a) A motion for the previous question may be made at any |
| 6 | | time. The motion for the previous question is not debatable |
| 7 | | and requires approval of a majority of those elected. |
| 8 | | (b) The previous question shall be stated in the following |
| 9 | | form: "Shall the main question now be put?". Until the |
| 10 | | previous question is decided, all amendments and debate are |
| 11 | | precluded. When it is decided that the main question shall not |
| 12 | | be put, the main question shall be considered as remaining |
| 13 | | under debate. |
| 14 | | (c) The effect of the main question being ordered is to put |
| 15 | | an end to all debate and bring the Senate to a direct vote on |
| 16 | | the immediately pending motion. After a motion for the |
| 17 | | previous question has been approved, unless the vote on the |
| 18 | | motion suggests the absence of a quorum, it is not in order to |
| 19 | | move for adjournment or to make any other motion prior to a |
| 20 | | decision on the main question. |
| 21 | | (Source: S.R. 8, 103rd G.A.) |
| 22 | | (Senate Rule 7-9) |
|
| | SR0004 | - 88 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | 7-9. Discharge of Committee. |
| 2 | | (a) A committee may be discharged from further |
| 3 | | consideration of a legislative measure by a vote of |
| 4 | | three-fifths of the members elected. Upon concurrence of a |
| 5 | | majority of those appointed, the Committee on Assignments may |
| 6 | | advance any legislative measure pending before it to the |
| 7 | | Senate without referral to another committee; however, the |
| 8 | | Committee on Assignments shall not so report any bill that has |
| 9 | | never been before a standing committee of the Senate. |
| 10 | | (b) This Rule may be suspended by a vote of three-fifths of |
| 11 | | the members elected. |
| 12 | | (Source: S.R. 8, 103rd G.A.) |
| 13 | | (Senate Rule 7-10) |
| 14 | | 7-10. Tabling. |
| 15 | | (a) A motion to lay on the table applies only to the |
| 16 | | particular proposition and is neither debatable nor amendable. |
| 17 | | (b) A motion to table a bill or resolution shall identify |
| 18 | | the bill or resolution by number. The principal sponsor of a |
| 19 | | bill or resolution may, with leave of the Senate, table his or |
| 20 | | her bill or resolution at any time. A motion to table a |
| 21 | | committee bill that is before the Senate may be adopted only by |
| 22 | | a majority of those elected. |
|
| | SR0004 | - 89 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (c) The principal sponsor of a bill or resolution before a |
| 2 | | committee may, with leave of the committee, table the bill or |
| 3 | | resolution. Upon such tabling, the Chair of the committee |
| 4 | | shall return the bill or resolution to the Secretary, noting |
| 5 | | thereon that it has been tabled. |
| 6 | | (d) A motion to table an amendment adopted by the Senate on |
| 7 | | a voice vote or by a committee is in order on Second Reading. A |
| 8 | | motion to table a committee amendment has priority over a |
| 9 | | floor amendment. Motions to table amendments are debatable and |
| 10 | | may be adopted by a majority. |
| 11 | | (Source: S.R. 8, 103rd G.A.) |
| 12 | | (Senate Rule 7-11) |
| 13 | | 7-11. Motion to Take from Table. |
| 14 | | (a) A motion to take from the table shall require a |
| 15 | | majority of those elected if the Committee on Assignments has |
| 16 | | previously recommended that action by written notice filed |
| 17 | | with the Secretary; otherwise, a motion to take from the table |
| 18 | | shall require a three-fifths vote of the members elected. |
| 19 | | (b) A bill taken from the table shall be placed on the |
| 20 | | Daily Calendar on the order on which it appeared before it was |
| 21 | | tabled. |
| 22 | | (c) This Rule may be suspended by a three-fifths vote of |
|
| | SR0004 | - 90 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | the members elected. |
| 2 | | (Source: S.R. 8, 103rd G.A.) |
| 3 | | (Senate Rule 7-12) |
| 4 | | 7-12. Motion to Postpone Consideration. A motion to |
| 5 | | postpone consideration on a legislative measure may not be |
| 6 | | made more than once on the same bill or proposition. Unless |
| 7 | | otherwise provided by these Senate Rules, a motion to postpone |
| 8 | | consideration shall be made prior to intervening business and |
| 9 | | shall be granted as a matter of privilege. However, no motion |
| 10 | | to postpone consideration is in order if the involved |
| 11 | | legislative measure (1) initially received a vote of fewer |
| 12 | | than two-fifths of the members elected or (2) is an |
| 13 | | Appointment Message. |
| 14 | | (Source: S.R. 8, 103rd G.A.) |
| 15 | | (Senate Rule 7-13) |
| 16 | | 7-13. Motion on Different Subject. No motion or other |
| 17 | | legislative measure on a subject different from that under |
| 18 | | consideration shall be admitted under color of amendment. |
| 19 | | (Source: S.R. 8, 103rd G.A.) |
| 20 | | (Senate Rule 7-14) |
| 21 | | 7-14. Division of Question. If the question in debate |
| 22 | | contains several points, any Senator may have the same |
| 23 | | divided. On a motion to strike out and insert, it is not in |
|
| | SR0004 | - 91 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | order to move for a division of the question. The rejection of |
| 2 | | a motion to strike out and insert one proposition does not |
| 3 | | prevent a motion to strike out and insert a different |
| 4 | | proposition. |
| 5 | | (Source: S.R. 8, 103rd G.A.) |
| 6 | | (Senate Rule 7-15) |
| 7 | | 7-15. Reconsideration. |
| 8 | | (a) A member who voted on the prevailing side of a record |
| 9 | | vote on a legislative measure that failed and that is still |
| 10 | | within the control of the Senate may on the same or following |
| 11 | | day move to reconsider the vote. A chief sponsor or a chief |
| 12 | | cosponsor who voted on the prevailing side of a record vote for |
| 13 | | a legislative measure that passed or was adopted by the Senate |
| 14 | | may on the same or following day move to reconsider the vote if |
| 15 | | the legislative measure is still within the control of the |
| 16 | | Senate. The motion to reconsider may be laid on the table |
| 17 | | without affecting the vote to which it referred. When the |
| 18 | | motion to reconsider is made during the last three scheduled |
| 19 | | days of regular session, or any time thereafter during the |
| 20 | | regular session, or at any time during a veto or special |
| 21 | | session, any member may move that the vote on reconsideration |
| 22 | | be taken immediately. A question that requires the votes of a |
| 23 | | majority of those elected or more to carry requires a majority |
| 24 | | of those elected to reconsider. |
|
| | SR0004 | - 92 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (b) A motion to reconsider a record vote on the adoption of |
| 2 | | an amendment to a bill may be made only on Second Reading. An |
| 3 | | amendment adopted by the Senate on a record vote may not be |
| 4 | | tabled by motion until its adoption has been reconsidered. |
| 5 | | (c) If a motion to reconsider is made pursuant to this Rule |
| 6 | | and the motion is later tabled, the question shall not be |
| 7 | | further reconsidered. This subsection (c) may be suspended by |
| 8 | | a three-fifths vote of the members elected. |
| 9 | | (d) When a motion to reconsider is made within the time |
| 10 | | prescribed by these Senate Rules, the Secretary shall not |
| 11 | | allow the bill or other subject matter of the motion to pass |
| 12 | | out of the possession of the Senate until after the motion has |
| 13 | | been decided or withdrawn. Such a motion shall be deemed |
| 14 | | rejected if laid on the table. |
| 15 | | (e) A Senator who voted "present" or failed to vote on a |
| 16 | | question shall not have the right to move for reconsideration. |
| 17 | | (f) Upon a motion to reconsider the vote on the final |
| 18 | | passage of any bill, the affirmative vote of a majority of |
| 19 | | those elected shall be required to reconsider the same. |
| 20 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A) |
| 21 | | (Senate Rule 7-16) |
|
| | SR0004 | - 93 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | 7-16. Motion to Adjourn. |
| 2 | | (a) A motion to adjourn is in order at any time, except |
| 3 | | when a prior motion to adjourn has been defeated and no |
| 4 | | intervening business has transpired. |
| 5 | | (b) A motion to adjourn is neither debatable nor |
| 6 | | amendable. |
| 7 | | (c) The Secretary shall enter in the Journal the hour at |
| 8 | | which every motion to adjourn is made. |
| 9 | | (d) Unless the Presiding Officer otherwise orders, the |
| 10 | | standing hour to which the Senate adjourns is 12:00 noon. |
| 11 | | (e) A motion to adjourn for more than three days is not in |
| 12 | | order unless both chambers of the General Assembly have |
| 13 | | adopted a joint resolution permitting that adjournment. |
| 14 | | (Source: S.R. 8, 103rd G.A.) |
| 15 | | (Senate Rule 7-17) |
| 16 | | 7-17. Amendment to or Suspension of Rules. |
| 17 | | (a) Rules may be proposed or amended only by resolution. |
| 18 | | Any such resolution shall show the proposed changes in the |
| 19 | | existing Rules by underscoring all new matter and by crossing |
| 20 | | out with a line all matter that is to be omitted or superseded. |
|
| | SR0004 | - 94 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (b) Any resolution proposing to amend a Senate Rule or any |
| 2 | | Joint Senate-House Rule shall, upon initial reading by the |
| 3 | | Secretary, automatically be referred to the Committee on |
| 4 | | Assignments. Resolutions for amendment of the Senate Rules or |
| 5 | | any Joint Senate-House Rules may be initiated and sponsored by |
| 6 | | the Committee on Assignments; these resolutions shall not be |
| 7 | | referred to a committee and may be immediately considered and |
| 8 | | adopted by the Senate. |
| 9 | | (c) A resolution to amend the Senate Rules or any Joint |
| 10 | | Senate-House Rules that has been reported "do adopt" or "do |
| 11 | | adopt as amended" by a majority of those appointed to the |
| 12 | | Committee on Assignments shall require the affirmative vote of |
| 13 | | a majority of those elected for adoption by the Senate. Any |
| 14 | | other resolution proposing to amend the Senate Rules or any |
| 15 | | Joint Senate-House Rules shall require the affirmative vote of |
| 16 | | three-fifths of the members elected for adoption by the |
| 17 | | Senate. |
| 18 | | (d) No Senate Rule or any Joint Senate-House Rule may be |
| 19 | | suspended except by unanimous consent of the Senators present |
| 20 | | or upon a motion supported by affirmative vote of a majority of |
| 21 | | those elected unless a higher number is required in the Rule |
| 22 | | sought to be suspended. A committee may not suspend any Rule. |
| 23 | | (e) This Rule may be suspended by a three-fifths vote of |
|
| | SR0004 | - 95 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | those elected. |
| 2 | | (Source: S.R. 8, 103rd G.A.) |
| 3 | | (Senate Rule 7-18) |
| 4 | | 7-18. Motion to Commit or Recommit. No motion to commit or |
| 5 | | recommit a legislative measure to committee, being decided in |
| 6 | | the negative, shall again be allowed on the same day, or at the |
| 7 | | same stage of the legislative measure. |
| 8 | | (Source: S.R. 8, 103rd G.A.) |
| 9 | | (Senate Rule 7-19) |
| 10 | | 7-19. Effective Date. |
| 11 | | (a) A bill passed after May 31 of a calendar year shall not |
| 12 | | become effective prior to June 1 of the next calendar year |
| 13 | | unless an earlier effective date is specified in the bill and |
| 14 | | it is approved by a three-fifths vote of the members elected. |
| 15 | | (b) If a majority of those elected, but fewer than |
| 16 | | three-fifths of the members elected, vote affirmatively for a |
| 17 | | bill on Third Reading after May 31, where the bill specifies an |
| 18 | | effective date earlier than the following June 1, the bill |
| 19 | | shall not be declared passed, and the principal sponsor shall |
| 20 | | have the right to have the bill automatically reconsidered and |
| 21 | | returned to the order of Second Reading for an amendment to |
| 22 | | remove the earlier effective date. The amendment, if offered |
| 23 | | and approved by the Committee on Assignments, shall be |
|
| | SR0004 | - 96 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | reproduced and placed on the desks of the members or made |
| 2 | | available electronically before the bill is taken up again on |
| 3 | | the order of Third Reading. |
| 4 | | (Source: S.R. 8, 103rd G.A.) |
| 5 | | (Senate Rule 7-20) |
| 6 | | 7-20. Home Rule. No bill denies or limits any power or |
| 7 | | function of a home rule unit, pursuant to paragraph (g), (h), |
| 8 | | (i), (j), or (k) of Section 6 of Article VII of the |
| 9 | | Constitution, unless there is specific language limiting or |
| 10 | | denying the power or function and the language specifically |
| 11 | | sets forth in what manner and to what extent it is a denial or |
| 12 | | limitation of the power or function of a home rule unit. If a |
| 13 | | majority of those elected, but fewer than three-fifths of the |
| 14 | | members elected, vote affirmatively for a bill on Third |
| 15 | | Reading that requires a vote of three-fifths of the members |
| 16 | | elected to deny or limit a power of a home rule unit, the bill |
| 17 | | shall not be declared passed, and the principal sponsor shall |
| 18 | | have the right to have the bill automatically reconsidered and |
| 19 | | returned to the order of Second Reading for an amendment to |
| 20 | | remove those effects of the bill. The amendment, if offered |
| 21 | | and approved by the Committee on Assignments, shall be |
| 22 | | reproduced and placed on the desks of the members or made |
| 23 | | available electronically before the bill is taken up again on |
| 24 | | the order of Third Reading. The Committee on Assignments may |
| 25 | | also refer the amendment to a committee. |
|
| | SR0004 | - 97 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (Source: S.R. 8, 103rd G.A.) |
| 2 | | ARTICLE VIII |
| 3 | | JOINT ACTION |
| 4 | | (Source: S.R. 8, 103rd G.A.)
|
| 5 | | (Senate Rule 8-1) |
| 6 | | 8-1. Concurring in or Receding from Amendments. |
| 7 | | (a) If a bill or resolution is received back in the Senate |
| 8 | | with amendments added by the House, it shall be in order for |
| 9 | | the principal sponsor or chief cosponsor of the bill who has |
| 10 | | been designated in writing by the principal sponsor to present |
| 11 | | a motion "to concur" or "not to concur and ask the House to |
| 12 | | recede" with respect to those amendments. Any two members may |
| 13 | | demand a separate roll call on any such amendment. |
| 14 | | (b) When the House has refused to concur in amendments |
| 15 | | added to a bill or resolution by the Senate and has returned |
| 16 | | the bill or resolution to the Senate with a message requesting |
| 17 | | the Senate to recede from its amendments, it shall be in order |
| 18 | | for the principal sponsor or chief cosponsor of the bill who |
| 19 | | has been designated in writing by the principal sponsor to |
| 20 | | present a motion "to recede" from the Senate amendments or |
| 21 | | "not to recede and to request a conference". Any two members |
| 22 | | may demand a separate roll call on any such amendments. |
|
| | SR0004 | - 98 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (Source: S.R. 8, 103rd G.A.) |
| 2 | | (Senate Rule 8-2) |
| 3 | | 8-2. Conference Committees. |
| 4 | | (a) A disagreement between the Senate and House exists |
| 5 | | with respect to any bill or resolution in the following |
| 6 | | situations: |
| 7 | | (1) when the House refuses to recede from the adoption |
| 8 | | of any amendment, after the Senate has previously refused |
| 9 | | to concur in the amendment; or |
| 10 | | (2) when the Senate refuses to recede from the |
| 11 | | adoption of any amendment, after the House has previously |
| 12 | | refused to concur in the amendment. |
| 13 | | In these cases of disagreement between the Senate and House, |
| 14 | | the Senate may request a conference. When a request for |
| 15 | | conference is made, both chambers of the General Assembly |
| 16 | | shall appoint a committee to confer with the other on the |
| 17 | | subject of the bill or resolution giving rise to the |
| 18 | | disagreement. The combined committees of the two chambers |
| 19 | | appointed for this purpose is the conference committee. |
| 20 | | (b) The conference committee shall consist of an equal |
| 21 | | number of members of each Chamber of the General Assembly. The |
|
| | SR0004 | - 99 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | number of majority caucus members from each chamber shall be |
| 2 | | one more than the number of minority caucus members from each |
| 3 | | chamber. A conference committee shall consist of five members |
| 4 | | from each chamber. |
| 5 | | (c) In addition to the House members thereof, each |
| 6 | | conference committee shall be comprised of five Senators, |
| 7 | | three of whom shall be appointed by the President and two of |
| 8 | | whom shall be appointed by the Minority Leader. No conference |
| 9 | | committee report may be filed with the Secretary until a |
| 10 | | majority of the Senate conferees has been appointed. |
| 11 | | (Source: S.R. 8, 103rd G.A.) |
| 12 | | (Senate Rule 8-3) |
| 13 | | 8-3. Conference Committee Reports. |
| 14 | | (a) No subject shall be included in any conference |
| 15 | | committee report on any bill unless that subject matter |
| 16 | | directly relates to the matters of difference between the |
| 17 | | Senate and House that have been referred to the conference |
| 18 | | committee unless the Committee on Assignments, by a majority |
| 19 | | vote of the members appointed, determines that the proposed |
| 20 | | subject matter is of an emergency nature, of substantial |
| 21 | | importance to the operation of government, or in the best |
| 22 | | interests of Illinois. |
| 23 | | (b) No conference committee report shall be received by |
|
| | SR0004 | - 100 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | the Secretary or acted upon by the Senate unless it has been |
| 2 | | signed by at least six conferees. The report shall be signed in |
| 3 | | duplicate. One of the reports shall be filed with the Clerk of |
| 4 | | the House and one with the Secretary. The report shall contain |
| 5 | | the agreements reached by the committee. |
| 6 | | (c) If the conference committee determines that it is |
| 7 | | unable to reach agreement, the committee shall so report to |
| 8 | | each chamber of the General Assembly and request appointment |
| 9 | | of a second conference committee. In the event of agreement, |
| 10 | | the committee shall so report to each chamber. |
| 11 | | (Source: S.R. 8, 103rd G.A.) |
| 12 | | (Senate Rule 8-4) |
| 13 | | 8-4. Prerequisites for Senate Consideration. |
| 14 | | (a) No joint action motion for final action or conference |
| 15 | | committee report may be considered by the Senate unless it has |
| 16 | | first been referred or approved by the Committee on |
| 17 | | Assignments in accordance with Rule 3-8, or unless the joint |
| 18 | | action motion or conference committee report has first been |
| 19 | | discharged from the Committee on Assignments pursuant to Rule |
| 20 | | 7-9. |
| 21 | | (b) No conference committee report may be considered by |
| 22 | | the Senate unless it has first been made available |
| 23 | | electronically or otherwise for not less than one hour. |
|
| | SR0004 | - 101 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (c) Prior to any conference committee report on an |
| 2 | | appropriation bill being considered by the Senate, that |
| 3 | | conference committee report shall first be the subject of a |
| 4 | | public hearing by a standing Appropriations Committee (the |
| 5 | | conference committee report need not be referred to an |
| 6 | | Appropriations Committee, but instead may remain before the |
| 7 | | Committee on Assignments or the Senate, as the case may be). |
| 8 | | The hearing shall be held pursuant to not less than one hour |
| 9 | | advance notice by announcement on the Senate floor, or one day |
| 10 | | advance notice by posting on the Senate bulletin board or |
| 11 | | other electronic means. The Appropriations Committee shall not |
| 12 | | issue any report with respect to any conference committee |
| 13 | | report following any such hearing. |
| 14 | | (d) Any Senate Bill amended in the House and returned to |
| 15 | | the Senate for concurrence in the House amendment shall be |
| 16 | | made available electronically or otherwise for not less than |
| 17 | | one hour before being further considered. No Senate Bill that |
| 18 | | is returned to the Senate with House amendments shall be |
| 19 | | called except by the principal sponsor or chief cosponsor of |
| 20 | | the bill who has been designated in writing by the principal |
| 21 | | sponsor. |
| 22 | | (e) The report of a conference committee on a |
| 23 | | non-appropriation bill or resolution shall be confined to the |
|
| | SR0004 | - 102 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | subject of the bill or resolution referred to the conference |
| 2 | | committee. The report of a conference committee on an |
| 3 | | appropriations bill shall be confined to the subject of |
| 4 | | appropriations. |
| 5 | | (Source: S.R. 8, 103rd G.A.) |
| 6 | | (Senate Rule 8-5) |
| 7 | | 8-5. Action on Conference Committee Reports. |
| 8 | | (a) Each chamber of the General Assembly shall inform the |
| 9 | | other by message of any action taken with respect to a |
| 10 | | conference committee report. Copies of all papers necessary to |
| 11 | | a complete understanding of any such action shall accompany |
| 12 | | the message. The original bill or resolution shall remain in |
| 13 | | the chamber of origin. |
| 14 | | (b) If either chamber refused to adopt the report of the |
| 15 | | conference committee, or the first conference committee is |
| 16 | | unable to reach agreement, either chamber may request a second |
| 17 | | conference committee. When such a request is made, each |
| 18 | | chamber shall again appoint a conference committee. If either |
| 19 | | chamber refuses to adopt the report of a second conference |
| 20 | | committee, the two chambers have adhered to their |
| 21 | | disagreement, and the bill or resolution is lost. |
| 22 | | (Source: S.R. 8, 103rd G.A.) |
| 23 | | ARTICLE IX |
|
| | SR0004 | - 103 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | VETOES |
| 2 | | (Source: S.R. 8, 103rd G.A.)
|
| 3 | | (Senate Rule 9-1) |
| 4 | | 9-1. Recording of Vetoes. Upon the receipt by the Senate |
| 5 | | of any bill returned by the Governor under any of the |
| 6 | | provisions of Article IV, Section 9 of the Constitution, the |
| 7 | | Secretary shall enter the objections of the Governor on the |
| 8 | | Journal, and shall distribute copies of all veto messages to |
| 9 | | each member's desk, together with copies of the vetoed bill or |
| 10 | | item, as soon as practicable. Such copies may be made |
| 11 | | available electronically. |
| 12 | | (Source: S.R. 8, 103rd G.A.) |
| 13 | | (Senate Rule 9-2) |
| 14 | | 9-2. Amendatory Vetoes. |
| 15 | | (a) The Governor's specific recommendations for change |
| 16 | | with respect to a bill returned under subsection (e) of |
| 17 | | Section 9 of Article IV of the Illinois Constitution shall be |
| 18 | | limited to addressing the Governor's objections to portions of |
| 19 | | a bill, the general merit of which the Governor recognizes, |
| 20 | | and shall not alter the fundamental purpose or legislative |
| 21 | | scheme set forth in the bill as passed. |
| 22 | | (b) Any motion to accept the Governor's specific |
|
| | SR0004 | - 104 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | recommendations for change shall automatically be referred to |
| 2 | | the Committee on Assignments. The Committee on Assignments |
| 3 | | shall examine the Governor's specific recommendations for |
| 4 | | change and determine by a majority of the members appointed |
| 5 | | whether those recommendations comply with the standard set |
| 6 | | forth in subsection (a). Any motion to accept specific |
| 7 | | recommendations for change that the Committee on Assignments |
| 8 | | determines shall be in compliance with subsection (a) of this |
| 9 | | Rule are subject to action by the Committee on Assignments in |
| 10 | | the same manner as floor amendments, joint action motions, and |
| 11 | | conference committee reports under Rule 3-8(b). |
| 12 | | (c) This Rule may not be suspended. |
| 13 | | (Source: S.R. 8, 103rd G.A.) |
| 14 | | (Senate Rule 9-3) |
| 15 | | 9-3. Motions to Consider Vetoes. For purposes of this |
| 16 | | Article, the term "motions" shall mean those motions to accept |
| 17 | | or override a veto of the Governor. Motions with respect to |
| 18 | | bills returned by the Governor may be made by the principal |
| 19 | | sponsor, the committee Chair in the case of a committee bill, |
| 20 | | or by any member who voted on the prevailing side on the vote |
| 21 | | on final passage of the bill in question. Every motion shall be |
| 22 | | filed in writing with the Secretary, prior to any |
| 23 | | consideration thereof by the Senate. If more than one motion |
| 24 | | is filed with respect to any bill, all such motions shall be |
|
| | SR0004 | - 105 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | heard at the time the bill is called; however, after such a |
| 2 | | motion is adopted, no other motion on that veto may be |
| 3 | | considered. The motion of the principal sponsor or Chair, in |
| 4 | | the case of committee bills, shall be considered first and all |
| 5 | | other motions considered in the order filed. If the principal |
| 6 | | sponsor does not call a bill within eight calendar days after |
| 7 | | the Governor's objections to the bill are entered in the |
| 8 | | Journal, thereafter any person filing such a motion may call |
| 9 | | the bill. |
| 10 | | (Source: S.R. 8, 103rd G.A.) |
| 11 | | (Senate Rule 9-4) |
| 12 | | 9-4. Consideration of Motions. |
| 13 | | (a) The vote to override a bill vetoed in its entirety |
| 14 | | shall be by roll call vote and shall be entered on the Journal. |
| 15 | | The form of motion with respect to such bills shall be: "I move |
| 16 | | that ______ Bill _____ do pass, notwithstanding the veto of |
| 17 | | the Governor." |
| 18 | | (b) The vote to override an item veto shall be by roll call |
| 19 | | vote as to each item separately and shall be entered on the |
| 20 | | Journal. The form of motion with respect to such item shall be: |
| 21 | | "I move that the item on page _____, line _____, of _____ Bill |
| 22 | | ______ do pass, notwithstanding the item veto of the |
| 23 | | Governor." |
|
| | SR0004 | - 106 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (c) The vote to restore an item which has been reduced |
| 2 | | shall be by roll call vote as to each item separately and shall |
| 3 | | be entered on the Journal. The form of motion with respect to |
| 4 | | such items shall be: "I move the item on page _____, line |
| 5 | | _____, of _____ Bill ______ be restored, notwithstanding the |
| 6 | | item reduction of the Governor." |
| 7 | | (d) A bill returned together with specific recommendations |
| 8 | | of the Governor may be acted upon in either of the following |
| 9 | | manners: |
| 10 | | (1) By a motion to accept the specific recommendations |
| 11 | | of the Governor. The form of motion in this event shall be: |
| 12 | | "I move to accept the specific recommendations of the |
| 13 | | Governor as to _____ Bill _____ in manner and form as |
| 14 | | follows: (inserting herein the language deemed necessary |
| 15 | | to effectuate the specific recommendations)"; or |
| 16 | | (2) By considering the bill as a vetoed bill and |
| 17 | | overriding the recommendation and passing the bill in its |
| 18 | | original form. The form of motion in this event shall be: |
| 19 | | "I move that _____ Bill _____ do pass, notwithstanding the |
| 20 | | specific recommendations of the Governor." |
| 21 | | (Source: S.R. 8, 103rd G.A.) |
| 22 | | (Senate Rule 9-5) |
|
| | SR0004 | - 107 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | 9-5. Vetoed Bills Considered in Entirety. If a bill is |
| 2 | | returned by the Governor containing more than one veto, |
| 3 | | reduction, specific recommendation, or combination thereof, |
| 4 | | the bill shall be acted upon in its entirety before the bill is |
| 5 | | released from the custody of the Senate. |
| 6 | | (Source: S.R. 8, 103rd G.A.) |
| 7 | | (Senate Rule 9-6) |
| 8 | | 9-6. Disposition of Vetoes. When a bill or item has |
| 9 | | received the affirmative vote of at least three-fifths of the |
| 10 | | members elected (as to overrides of outright vetoes, item |
| 11 | | vetoes, and specific recommendations for change) or the |
| 12 | | affirmative vote of at least a majority of those elected (as to |
| 13 | | overrides of reductions or acceptances of specific |
| 14 | | recommendations for change), the Presiding Officer shall |
| 15 | | declare that the bill or item has been passed or restored over |
| 16 | | the veto of the Governor, or that the specific recommendations |
| 17 | | for change have been approved, as the case may be. The bill |
| 18 | | shall then be so certified by the Secretary who shall note |
| 19 | | thereon the day the bill passed. The bill and the objections of |
| 20 | | the Governor thereto shall then be immediately delivered to |
| 21 | | the House. When specific recommendations have been accepted, |
| 22 | | then such accepting language shall be attached to the original |
| 23 | | bill and the bill shall be delivered to the House. |
| 24 | | (Source: S.R. 8, 103rd G.A.) |
|
| | SR0004 | - 108 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | ARTICLE X |
| 2 | | NOMINATIONS |
| 3 | | (Source: S.R. 8, 103rd G.A.)
|
| 4 | | (Senate Rule 10-1) |
| 5 | | 10-1. Nominations. |
| 6 | | (a) Every nomination subject to confirmation by the Senate |
| 7 | | shall be referred to the Committee on Assignments in |
| 8 | | accordance with Rule 3-6; nominations may be considered by the |
| 9 | | Executive Appointments Committee or other committees in |
| 10 | | accordance with these Senate Rules. Each nominee shall be |
| 11 | | required to appear in person before that meeting of a |
| 12 | | committee convened for the purpose of considering the |
| 13 | | qualifications of the person for the office to which he or she |
| 14 | | has been nominated. The appearance of the nominee may be |
| 15 | | waived by the Chair of the committee without objection by the |
| 16 | | other members of the committee. If a member of the committee |
| 17 | | objects to the waiver of the nominee's appearance by the |
| 18 | | Chair, the committee by a vote of a majority of those appointed |
| 19 | | may waive such appearance. |
| 20 | | (b) The Executive Appointments Committee or another |
| 21 | | committee in accordance with these Senate Rules shall, six |
| 22 | | days prior to any of its meetings, post a notice on the Senate |
| 23 | | bulletin board or make the notice electronically available |
|
| | SR0004 | - 109 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | indicating the nominees to be considered at its next meeting |
| 2 | | and the time, date, and place of the meeting. The Chair of the |
| 3 | | committee shall provide a copy of the notice to the Governor's |
| 4 | | Office of Legislative Affairs or other proper appointing |
| 5 | | officer or authority, if applicable, which shall be |
| 6 | | responsible for notifying each nominee scheduled to be |
| 7 | | considered of the date, time, and place of hearing. |
| 8 | | (c) Except for Appointment Messages placed on the Denial |
| 9 | | of Appointment Calendar under the order of Executive |
| 10 | | Appointments, on considering the report of the Executive |
| 11 | | Appointments Committee or another committee in accordance with |
| 12 | | these Senate Rules on a nomination, the Presiding Officer |
| 13 | | shall put the following question: "Does the Senate consent to |
| 14 | | the nomination just made?". The Chair of the Executive |
| 15 | | Appointments Committee may, by a motion in writing approved by |
| 16 | | a majority of the members present and voting compile a list of |
| 17 | | individual Appointment Messages to be acted on together by a |
| 18 | | single vote. Whenever a list of Appointment Messages has been |
| 19 | | so compiled, five or more members may request the question be |
| 20 | | put and the vote separately taken upon each of the Appointment |
| 21 | | Messages on that list. The Senate may determine, by a majority |
| 22 | | vote of those elected, after having voted upon the question of |
| 23 | | one or more of the Appointment Messages individually, to act |
| 24 | | upon the question of the remaining Appointment Messages on |
| 25 | | that list as a unit. |
|
| | SR0004 | - 110 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (c-5) After a committee has reported to the Senate any |
| 2 | | Appointment Message "do not recommend consent" pursuant to |
| 3 | | subsection (a) of Rule 3-11, the Chair of the Executive |
| 4 | | Appointments Committee shall move that the Appointment Message |
| 5 | | (or Appointment Messages) be placed on the Denial of |
| 6 | | Appointment Calendar under the order of Executive |
| 7 | | Appointments. A motion to place an Appointment Message on the |
| 8 | | Denial of Appointment Calendar is neither debatable, subject |
| 9 | | to division under Rule 7-14, nor subject to a motion to |
| 10 | | reconsider under Rule 7-15. The Presiding Officer shall put |
| 11 | | the following question: "Shall the Senate place Appointment |
| 12 | | Message (or Messages) (insert number or numbers) on the Denial |
| 13 | | of Appointment Calendar which shall constitute the Senate's |
| 14 | | rejection of that Message (or those Messages) on its 60th |
| 15 | | session day under our Rules?" Upon adoption of the motion by a |
| 16 | | majority vote, the Secretary shall place an Appointment |
| 17 | | Message on the Denial of Appointment Calendar under the order |
| 18 | | of Executive Appointments. |
| 19 | | After a committee has reported to the Senate any |
| 20 | | Appointment Message "without recommendation" pursuant to |
| 21 | | subsection (a) of Rule 3-11, the Chair of the Executive |
| 22 | | Appointments Committee may move that the Appointment Message |
| 23 | | (or Appointment Messages) be placed on the Denial of |
| 24 | | Appointment Calendar under the order of Executive |
| 25 | | Appointments. A motion to place an Appointment Message on the |
|
| | SR0004 | - 111 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | Denial of Appointment Calendar is neither debatable, subject |
| 2 | | to division under Rule 7-14, nor subject to a motion to |
| 3 | | reconsider under Rule 7-15. The Presiding Officer shall put |
| 4 | | the following question: "Shall the Senate place the |
| 5 | | Appointment Message (or Messages) (insert number or numbers) |
| 6 | | on the Denial of Appointment Calendar which shall constitute |
| 7 | | the Senate's rejection of that Message (or those Messages) on |
| 8 | | its 60th session day under our Rules?" Upon adoption of the |
| 9 | | motion by majority vote, the Secretary shall place an |
| 10 | | Appointment Message on the Denial of Appointment Calendar |
| 11 | | under the order of Executive Appointments. |
| 12 | | The Secretary shall set forth for each applicable |
| 13 | | Appointment Message on the Denial of Appointment Calendar the |
| 14 | | number, name of the nominee, and the title of the office, |
| 15 | | agency or other body to which nomination is being made. The |
| 16 | | Denial of Appointment Calendar shall also state the number of |
| 17 | | session days that have elapsed since each Appointment Message |
| 18 | | was received by the Senate. The Secretary shall distribute the |
| 19 | | Denial of Appointment Calendar to each member of the Senate as |
| 20 | | a component of the Senate Calendar for each session day other |
| 21 | | than a perfunctory session day. The Secretary shall make the |
| 22 | | Denial of Appointment Calendar available to the public. |
| 23 | | An Appointment Message shall be removed from the Denial of |
| 24 | | Appointment Calendar if a written objection stating the number |
| 25 | | of the Appointment Message to be removed is filed with the |
| 26 | | Secretary on or before the 59th session day after the day the |
|
| | SR0004 | - 112 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | Appointment Message was received by the Senate, and the |
| 2 | | objection contains the signature of a majority of the members |
| 3 | | elected. Upon the filing of a proper written objection, the |
| 4 | | Secretary shall remove the relevant Appointment Message from |
| 5 | | the Denial of Appointment Calendar and automatically place the |
| 6 | | Appointment Message on the Senate Calendar under the order of |
| 7 | | Executive Appointments. |
| 8 | | An Appointment Message shall be removed from the Denial of |
| 9 | | Appointment Calendar if, upon concurrence of a majority of |
| 10 | | those appointed, the Committee on Assignments adopts a motion |
| 11 | | to remove that Appointment Message on or before the 59th |
| 12 | | session day after the day the Appointment Message was received |
| 13 | | by the Senate. Upon this action of the Committee on |
| 14 | | Assignments, the Secretary shall remove the relevant |
| 15 | | Appointment Message from the Denial of Appointment Calendar |
| 16 | | and automatically place the Appointment Message on the Senate |
| 17 | | Calendar under the order of Executive Appointments, unless the |
| 18 | | Committee on Assignments has referred the Appointment Message |
| 19 | | to a committee for further action. |
| 20 | | If neither the Committee on Assignments takes action to |
| 21 | | remove an Appointment Message from the Denial of Appointment |
| 22 | | Calendar, nor a proper written objection to an Appointment |
| 23 | | Message on the Denial of Appointment Calendar is filed with |
| 24 | | the Secretary as required under this Rule, then that |
| 25 | | Appointment Message shall remain on the Denial of Appointment |
| 26 | | Calendar. A motion to place an Appointment Message (or |
|
| | SR0004 | - 113 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | Appointment Messages) on the Denial of Appointment Calendar |
| 2 | | adopted by the Senate shall constitute the Senate's rejection |
| 3 | | of each Appointment Message on the Denial of Appointment |
| 4 | | Calendar on the 60th session day after the day the Appointment |
| 5 | | Message was received by the Senate. Each Appointment Message |
| 6 | | remaining on the Denial of Appointment Calendar on the 60th |
| 7 | | session day after the day the Appointment Message was received |
| 8 | | by the Senate shall be deemed to have not received the advice |
| 9 | | and consent of the Senate and thereby rejected by the Senate |
| 10 | | pursuant to Article V, Section 9 of the Illinois Constitution. |
| 11 | | On the 60th session day for each Appointment Message on |
| 12 | | the Denial of Appointment Calendar, the Presiding Officer |
| 13 | | shall make the following inquiry of the Secretary: "Please |
| 14 | | identify each Appointment Message on the Denial of Appointment |
| 15 | | Calendar that is on its 60th session day." After the Secretary |
| 16 | | identifies the relevant Appointment Message or Appointment |
| 17 | | Messages, the Presiding Officer shall make the following |
| 18 | | declaration: "Each Appointment Message just read is on its |
| 19 | | 60th session day and remains on the Denial of Appointment |
| 20 | | Calendar; therefore each such Message, pursuant to our Rules, |
| 21 | | is deemed to have not received the advice and consent of the |
| 22 | | Senate and is hereby rejected by the Senate pursuant to |
| 23 | | Article V, Section 9 of the Illinois Constitution. The Journal |
| 24 | | shall reflect that the Senate has rejected each such |
| 25 | | nomination and the Secretary shall inform the relevant |
| 26 | | appointing authority of the Senate's action in rejecting that |
|
| | SR0004 | - 114 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | authority's nomination." |
| 2 | | (d) Except as otherwise provided for in this Rule, while |
| 3 | | any nomination remains with the Senate, it is in order to |
| 4 | | reconsider any vote taken thereon, subject to the provisions |
| 5 | | of Rule 7-15 not related to the time for making such a motion. |
| 6 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A) |
| 7 | | (Senate Rule 10-2) |
| 8 | | 10-2. Appointment Messages. |
| 9 | | (a) Every nomination subject to the advice and consent of |
| 10 | | the Senate shall be submitted to the Senate by an Appointment |
| 11 | | Message from the appointing officer or appointing authority in |
| 12 | | accordance with this Rule, using the Appointment Message form |
| 13 | | provided in this Rule, containing all of the required |
| 14 | | information, and accompanied by a cover letter signed by the |
| 15 | | appointing officer or on behalf of the appointing authority. |
| 16 | | (b) All Appointment Messages shall be drafted by the |
| 17 | | Legislative Reference Bureau, according to the form provided |
| 18 | | in this Rule. |
| 19 | | (c) Appointment Messages submitted shall be assigned a |
| 20 | | sequential number by the Secretary of the Senate, indicating |
| 21 | | the order in which they were received and read into the Senate |
| 22 | | record by the Secretary of the Senate at the direction of the |
|
| | SR0004 | - 115 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | President of the Senate. An Appointment Message is received by |
| 2 | | the Senate when it is read into the Senate record and assigned |
| 3 | | a sequential number. A perfunctory session day shall not be |
| 4 | | deemed to be a session day for the purpose of Article V, |
| 5 | | Section 9, subsection (a) of the Illinois Constitution. |
| 6 | | (d) An Appointment Message that does not conform to the |
| 7 | | requirements of this Rule shall, at the direction of the |
| 8 | | President of the Senate, (i) be ruled non-compliant and of no |
| 9 | | legal effect and (ii) be returned by the Secretary of the |
| 10 | | Senate to the appointing officer or authority that filed it. |
| 11 | | (e) The appointing officer or authority may file in |
| 12 | | accordance with this Rule an Appointment Message that |
| 13 | | supersedes a previously filed Appointment Message. A |
| 14 | | superseding Appointment Message shall identify by sequential |
| 15 | | number the Appointment Message that it supersedes. The filing |
| 16 | | of a superseding Appointment Message shall automatically table |
| 17 | | the Appointment Message that it supersedes, and that |
| 18 | | superseded Appointment Message shall have no further legal |
| 19 | | effect. The filing of a superseding Appointment Message shall |
| 20 | | not have the effect of restarting the 60 session day period |
| 21 | | within which the Senate must confirm or reject the appointee |
| 22 | | under Article V, Section 9, subsection (a) of the Illinois |
| 23 | | Constitution, Senate Rule 10-1, or any applicable law. |
|
| | SR0004 | - 116 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | (f) Nothing in this Rule shall be construed to prohibit an |
| 2 | | appointing officer or authority from withdrawing in writing an |
| 3 | | Appointment Message that was previously submitted to or |
| 4 | | received by the Senate. An Appointment Message that has been |
| 5 | | withdrawn shall have no further legal effect. The filing of an |
| 6 | | Appointment Message appointing the same person to the same |
| 7 | | office and for a term ending on the same date as that of an |
| 8 | | Appointment Message that was previously filed and later |
| 9 | | withdrawn shall have the effect of restarting the 60 session |
| 10 | | day period within which the Senate must confirm or reject the |
| 11 | | appointee under Article V, Section 9, subsection (a) of the |
| 12 | | Illinois Constitution, Senate Rule 10-1, or any applicable |
| 13 | | law. |
| 14 | | (g) An Appointment Message (i) shall be a |
| 15 | | committee-sponsored legislative measure that is unamendable |
| 16 | | and (ii) shall be controlled by the Chair of the Executive |
| 17 | | Appointments Committee, who for purposes of these Senate Rules |
| 18 | | shall be deemed the principal sponsor. In the absence of the |
| 19 | | Chair, the Vice-Chair of the Executive Appointments Committee |
| 20 | | shall be deemed the principal sponsor. Messages may not have |
| 21 | | individual cosponsors. |
| 22 | | (h) Any Appointment Message pending when the Senate |
| 23 | | adjourns sine die (i) shall carry over into the next General |
| 24 | | Assembly and (ii) shall be considered to have been received by |
|
| | SR0004 | - 117 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | the Senate when originally read into the Senate record as |
| 2 | | provided for in subsection (c) of this Rule. An Appointment |
| 3 | | Message carrying over into the next General Assembly shall |
| 4 | | retain the sequential number assigned when originally read |
| 5 | | into the Senate record as provided for in subsection (c) of |
| 6 | | this Rule. |
| 7 | | (i) Form. |
| 8 | | APPOINTMENT MESSAGE |
| 9 | | To the Honorable Members of the Senate, One Hundred Third |
| 10 | | General Assembly: |
| 11 | | (I, (Name and Title of Appointing Officer), am)/(The (Name of |
| 12 | | the Appointing Authority) is) nominating and, having sought |
| 13 | | the advice of the Senate and by and with the consent of the |
| 14 | | Senate, appointing the following named individual to the |
| 15 | | office enumerated below. The consent of this Honorable Body is |
| 16 | | respectfully requested. |
| 17 | | Title of Office: (Insert Title and Position) |
| 18 | | Agency or Other Body: (Name of Agency, Board, Commission, or |
|
| | SR0004 | - 118 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | other Body to Which Nomination is Being Made) |
| 2 | | Start Date: (Insert Start Date) |
| 3 | | End Date: (Insert End Date or Specify "Not Applicable") |
| 4 | | Name: (Name of Nominee) |
| 5 | | County of Residence: (County in which the Nominee |
| 6 | | Resides Residential Address of Nominee) |
| 7 | | Annual Compensation: (Insert Dollar Amount or Specify |
| 8 | | "Unsalaried") |
| 9 | | Per diem: (Insert Dollar Amount or Specify "Not Applicable") |
| 10 | | Nominee's Senator: Senator (Name of Senator in whose District |
| 11 | | the Nominee Resides) |
| 12 | | Most Recent Holder of Office: (Insert Name or Specify "New |
| 13 | | Position") |
| 14 | | Superseded Appointment Message: (Insert Sequence Number of |
| 15 | | Superseded Message or Specify "Not Applicable") |
| 16 | | (Source: S.R. 8, 103rd G.A.; S.R. 26, 103rd G.A) |
|
| | SR0004 | - 119 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | ARTICLE XI |
| 2 | | DISCIPLINE AND PROTEST |
| 3 | | (Source: S.R. 8, 103rd G.A.)
|
| 4 | | (Senate Rule 11-1) |
| 5 | | 11-1. Disorderly Behavior. |
| 6 | | (a) In accordance with Article IV, Section 6(d) of the |
| 7 | | Constitution, the Senate may punish any of its members for |
| 8 | | disorderly behavior and, with the concurrence of two-thirds of |
| 9 | | the members elected, expel a Senator (but not for a second time |
| 10 | | for the same cause). The reason for the expulsion shall be |
| 11 | | entered upon the Journal with the names and votes of those |
| 12 | | Senators voting on the question. |
| 13 | | (b) In accordance with Article IV, Section 6(d) of the |
| 14 | | Constitution, the Senate during its session may punish by |
| 15 | | imprisonment any person other than a Senator guilty of |
| 16 | | disrespect of the Senate by disorderly or contemptuous |
| 17 | | behavior in its presence. The imprisonment shall not extend |
| 18 | | beyond 24 hours at one time unless the person persists in |
| 19 | | disorderly or contemptuous behavior. |
| 20 | | (Source: S.R. 8, 103rd G.A.) |
| 21 | | (Senate Rule 11-2) |
| 22 | | 11-2. Protest. Any two Senators shall have the right to |
|
| | SR0004 | - 120 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | dissent and protest, in respectful language, against any act |
| 2 | | or resolution that they may think injurious to the public or to |
| 3 | | any individual, and have the reason of their protest entered |
| 4 | | upon the Journal. When by motion a majority of Senators |
| 5 | | determine that the language of a protest is not respectful, |
| 6 | | the protest shall be referred back to the protesting Senators. |
| 7 | | (Source: S.R. 8, 103rd G.A.) |
| 8 | | ARTICLE XII |
| 9 | | FORCE AND EFFECT |
| 10 | | (Source: S.R. 8, 103rd G.A.)
|
| 11 | | (Senate Rule 12-1) |
| 12 | | 12-1. Applicability. The meetings and actions of the |
| 13 | | Senate, including all of its committees, shall be governed by |
| 14 | | these Senate Rules. |
| 15 | | (Source: S.R. 8, 103rd G.A.) |
| 16 | | (Senate Rule 12-2) |
| 17 | | 12-2. Senate Practice and Mason's Manual of Legislative |
| 18 | | Procedure. The rules of parliamentary practice appearing in |
| 19 | | the 2020 2010 edition of Mason's Manual of Legislative |
| 20 | | Procedure shall govern the Senate in all cases to which they |
| 21 | | are applicable, providing that they are not inconsistent with |
| 22 | | these Senate Rules or with the previously established Senate |
|
| | SR0004 | - 121 - | LRB104 07609 JDS 17653 r |
|
|
| 1 | | practice. |
| 2 | | (Source: S.R. 8, 103rd G.A.) |
| 3 | | (Senate Rule 12-3) |
| 4 | | 12-3. Certification by President. With respect to any bill |
| 5 | | that has been passed by the Senate and has been certified by |
| 6 | | the President in accordance with Article IV, Section 8(d) of |
| 7 | | the Constitution, there shall be an irrebuttable presumption |
| 8 | | that all of these Senate Rules have been fully complied with in |
| 9 | | obtaining such passage. |
| 10 | | (Source: S.R. 8, 103rd G.A.) |
| 11 | | (Senate Rule 12-4) |
| 12 | | 12-4. Effective Date. These Rules shall be in full force |
| 13 | | and effect upon their adoption, and shall remain in full force |
| 14 | | and effect except as amended in accordance with these Senate |
| 15 | | Rules, or until superseded by new Rules adopted as part of the |
| 16 | | organization of a newly constituted General Assembly at the |
| 17 | | commencement of a term. |
| 18 | | (Source: S.R. 8, 103rd G.A.) |