Senate amendment makes the following changes to 1st edition. Amendment #2 provides that no fewer than five senators will constitute membership for all standing committees (previous rule excepted the Committee on Ways and Means from the requirement), including the chairs, vice-chairs, and ranking minority members. Provides that a quorum of the Appropriations/Base Budget, Ways and Means, and Finance Committees will consist of a majority of the committee.
2011 PERMANENT SENATE RULES.
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ADOPTING THE PERMANENT RULES OF THE SENATE FOR THE REGULAR SESSION OF THE 2011 GENERAL ASSEMBLY.Intro. by Apodaca
Wed, 26 Jan 2011 Senate: Filed
Wed, 26 Jan 2011 Senate: Passed 1st Reading
Wed, 26 Jan 2011 Senate: Placed On Cal For 1/26/2011
Wed, 26 Jan 2011 Senate: Amend Failed 1
Wed, 26 Jan 2011 Senate: Amend Adopted 2
Wed, 26 Jan 2011 Senate: Adopted
Wed, 26 Jan 2011 Engrossed
Bill S 1 (2011-2012)
Bill S 1 (2011-2012)
Same as the 2009 permanent rules with the following exceptions.
Amends Rule 4 (convening and presiding in absence of president) to provide additional options in the absence of the President of the Senate (President): (1) allows the President Pro Tempore (President Pro Tem) to designate a senator to preside in the absence of the President; (2) provides that if neither the President nor the President Pro Tem is present and the President Pro Tem has not designated another Senator, then the Deputy President Pro Tem and the Rules Chair will preside in that order of priority.
Adds Rule 9 to direct the President Pro Tem to appoint a senator as the Parliamentarian. Provides that in the absence of the Parliamentarian, the Rules Committee Chair will act as Parliamentarian.
Amends Rule 10 (points of order) to provide that a Senator can appeal the Presiding Officer’s ruling on points of order to the Parliamentarian. Permits an appeal of the Parliamentarian’s decision to the Senate and requires a two-thirds vote of the Senate membership present to overturn the Parliamentarian’s decision.
Amends Rule 12 (obtaining recognition) to require that in the event that two or more members rise to speak at the same time, the Presiding Officer is to designate who speaks, giving priority to the President Pro Tem, the Deputy President Pro Tem, the Chair of the Committee on Rules and Operations of the Senate, or the Parliamentarian.
Amends Rule 15 (questions of personal privilege) to permit an appeal to the Parliamentarian of the Presiding Officer’s determination as to whether a question raised is one of personal privilege. Requires a two-thirds vote of the members present to overturn the decision of the Parliamentarian.
Amends Rule 17 (general decorum) as follows: (1) food and beverage not allowed in the galleries (was, no food or beverage allowed on either the floor or the galleries), (2) authorizes the President Pro Tem to allow the broadcasting of session via television or on the Internet, (3) removes any restrictions on the use of laptop and notebook computers by senators on the floor, (4) prohibits the use of vocal wireless communication devices on the floor or in the galleries (was, wireless communication devices), and (5) prohibits the use on the floor or in the galleries of electronic devices that cannot be muted.
Amends Rule 19 (motion; order of preference) to make a motion to resolve into the Committee of the Whole Senate a second priority in the order of precedence for motions before the Senate.
Amends Rule 20 (motions requiring a second) to add a motion to resolve into the Committee of the Whole Senate to those motions requiring a second and that are decided without debate.
Amends Rule 21 (motions to postpone to certain day and to commit) to provide that a motion to resolve into the Committee of the Whole Senate precludes debate on the main question.
Amends Rule 22 (motion to substitute) to provide that a substitute motion may not be offered when a motion to resolve into the Committee of the Whole Senate is pending.
Amends Rule 23 (motion for previous question) to provide that unless otherwise specified, a motion offered for the previous question only applies to the pending question (was, deemed to apply to the bill or resolution along with any pending amendments).
Amends Rule 24 (motion to reconsider) to delete the Vice Chair of the Senate Rules Committee’s authority to make a motion to reconsider for the sole purpose of correcting grammatical errors in the bills in the Senate in the absence of the Chair of the Senate Rules Committee.
Amends Rule 25 (use of electronic voting system) to add an identification code to the electronic voting system for a motion to resolve into the Committee of the Whole Senate.
Amends Rule 27 (pair votes) to delete pair voting.
Amends Rule 32 (list of standing /select committees). Eliminates the Information Technology Committee. Adds the committees of the Whole Senate, Insurance, and Redistricting.
Amends Rule 34 (membership of committees, quorum). Excludes the Committee on Ways and Means from minimum number requirement of five members and from defining a quorum as a majority of the committee.
Amends Rule 36.1 (committee minutes to legislative library) to add requirement that the minutes be in format and medium approved by the Chairman of the Rules Committee.
Adds content for Rules 37, 37.1, and 37.2 which apply to the Committee of the Whole Senate (Committee). (1) Permits the Senate to resolve by motion into the Committee, by a non-debatable majority. (2) Requires motion to specify what items are to be considered in the meeting as identified by the Rules Chair. (3) Restricts the authority to make the motion to the President Pro Tem., the Deputy President Pro Tem, and the Rules Chair. (4) Provides that members of the Senate are members of the Committee, and that a quorum consists of 26 members. (5) Requires that the Committee meet in the Senate Chamber. (6) Mandates electronic voting on all Committee actions. (7) Provides that the President Pro Tem. or the President Pro Tem.’s designee is the Committee Chair and designates the Principal Clerk as the Committee Assistant. (8) Provides that the Committee is not to consider committee substitutes and that while minutes are required to be kept per Rule 36.1, the Committee’s activity is not to be recorded in the journal. (9) Provides that a motion to adjourn is in order when Committee business is completed as announced by the Chair. (10) Directs the Committee Chair to report the bill and any amendments adopted by the Committee to the Senate immediately after the Committee adjourns. (11) Provides that if the Committee was resolved out of an unadjourned session, the Senate is to resume session.
Amends Rule 40 to permit up to three primary sponsors (was, one primary sponsor) and directs the Rules Chair to designate which primary sponsor is the bill manager. Permits the Principal Clerk with the approval and direction of the Rules Chair to authorize senators to co-sponsor bills electronically. Prohibits all memorializing, celebration, commendation, and commemoration resolutions from being introduced and considered in the Senate. Provides exception that permits a member to introduce a memorializing, celebration, commendation, or commemoration resolution after presenting the full draft to the Rules Chair and receiving the approval of the Rules Chair. Provides that the Rules Chair may refer the request to the full Rules Committee for approval. If either the Rules Chair or the Rules Committee approves the request, the Senator may file the resolution. Provides that the resolution, upon introduction, be placed at the end of that day’s calendar for consideration and the question decided without debate. Permits members to file one blank local bill (was, one blank bill). Prohibits filing of blank public bills.
Amends Rule 40.1 to establish bill filing deadlines for local and public bills. Local bills must be requested by March 1 and filed by March 9. Public bills must be requested by March 11 and filed by March 23.
Amends Rule 41 to establish the crossover deadline as May 12.
Repeals Rule 41.1 and makes conforming changes to Rules 42.1 and 42.2 to eliminate detailed provisions governing referral to the Committee on Ways and Means.
Amends Rule 46 and makes conforming changes to Rules 45 and 48 to eliminate the provision allowing a minority report to accompany an unfavorable report from a committee.
Amends Rule 68 to prohibit non-members from making remarks on the Senate floor. Previous rules allowed remarks from non-members in certain situations.
Amends Rule 72 to allow, rather than require, the President Pro Tempore to give preferential treatment based on length of service when assigning seats in the Senate Chamber.
Amends Rule 77 to require a three-fifths vote of the membership (rather than two-thirds) to permanently change or temporarily suspend the rules.
Effective upon adoption.