Chapter 5:
AMENDMENTS - FORM AND PROCEDURE
sr47
Senate Rule 47.
When amendments may be considered. sr47(1)(1)
Consideration of simple amendments or of substitute amendments is in order only upon the second reading of the proposal and if in compliance with rule
34.
sr47(4)
(4) During consideration of amendments when both simple amendments and substitute amendments to a proposal are pending, the question, in ascending numerical order, is first upon amendments to the substitute amendment of the lowest number, and then upon that substitute amendment, unless the senate by majority vote of members present otherwise orders.
sr47(5)
(5) Amendments are not in order upon consideration of an executive veto.
sr48
Senate Rule 48.
Reading of amendments. The chief clerk shall read the full text of each amendment to the members, and the presiding officer shall state the number of each amendment, but amendments that have been made available to the members may not be read at length.
sr49
Senate Rule 49.
Offering amendments. Amendments shall be numbered in the order received, and shall bear the name of the member or the committee offering the same. Amendments shall be prepared in proper form by the legislative reference bureau, and the legislative reference bureau shall attach jacket cover sheets (stripes) to the amendments; except that when the proposal is debated on 2nd reading amendments may be offered from the floor. The chief clerk shall have amendments offered from the floor drawn in proper form as soon as possible and before the proposal is subsequently engrossed and delivered to a committee or to the assembly. This provision does not delay action upon an amendment offered from the floor.
sr50
Senate Rule 50.
Substitute amendments and amendments must be germane. sr50(1)(1)
Every substitute amendment and amendment to a proposal must be germane to that proposal.
sr50(1m)
(1m) A standing committee may not report any substitute amendment or amendment to a proposal originating in either house, and the senate may not consider any substitute amendment or amendment to a proposal, that is not germane to that proposal.
sr50(2)
(2) A substitute amendment or amendment to a proposal may not be considered if the presiding officer rules that the substitute amendment or amendment is not germane to that proposal.
sr50(3)
(3) The presiding officer may rule only on the germaneness of a senate substitute amendment or amendment and only when the substitute amendment or amendment is before the senate.
sr50(4)
(4) An amendment to an amendment to a proposal must be germane to the amendment as well as to that proposal.
sr50(6)
(6) The following substitute amendments or amendments are not germane:
sr50(6)(a)
(a) A substitute amendment or amendment that is identical in effect to one previously offered to the same proposal and disposed of.
sr50(6)(b)
(b) A substitute amendment or amendment to a proposal that is any of the following:
1. Irrelevant to the subject matter of the proposal.
2. Inappropriate to the subject matter of the proposal.
3. Not in a natural and logical sequence to the subject matter of the proposal.
4. Substantially expands the scope of the proposal.
sr50(6)(c)
(c) A substitute amendment or amendment that negates the original proposal entirely, or that substitutes another proposal pending before the senate.
sr50(8)
(8) The following substitute amendments and amendments are germane:
sr50(8)(a)
(a) A substitute amendment or amendment proposing a method of raising revenues for an appropriation bill or proposing an appropriation for a revenue bill.
sr50(8)(b)
(b) A substitute amendment or amendment adding an appropriation necessary to fulfill the original intent of a proposal.
sr51
Senate Rule 51.
Amendment in the 3rd degree prohibited. Amendments beyond the degree of an amendment to an amendment to the main proposition are prohibited. For the purposes of this rule a substitute amendment, and an assembly amendment to a senate proposal or amendment, are considered a main proposition.
sr53
Senate Rule 53.
Committee amendments; speaking on amendment. Amendments reported by committees shall be acted upon by the senate in the same manner as though offered from the floor. On an amendment being offered, a member who has spoken on the main question may speak again on the amendment.
sr55
Senate Rule 55.
Order of action. If adverse action on a proposal is recommended by a committee, that question is put first. However, the senate may direct the consideration of amendments, but adoption of amendments does not change the question.
Chapter 6:
GENERAL PROCEDURE - ORDER IN DEBATE
sr56
Senate Rule 56.
Recognition; debate. Members who are about to speak in debate or deliver any matter to the senate shall rise in their places and respectfully address the presiding officer, and, upon being recognized, shall proceed, confining themselves to the question under debate and avoiding personalities. Members may not question the motives of another member. Members may read briefly from printed material unless there is objection.
sr56m
Senate Rule 56m.
Points of order. sr56m(1)(1) The presiding officer may speak to points of order in preference to others, rising for that purpose; and shall decide questions of order, subject to an appeal by a member, on which appeal each member may speak once not to exceed 5 minutes.
sr56m(2)
(2) Whenever a point of order is raised, the presiding officer may rule thereon forthwith, or may defer the decision not later than the 5th order of business on the 2nd legislative day thereafter to provide time for examination of the precedents. Questions not ruled on within the required time shall be decided by a majority of the senate.
sr56m(2m)
(2m) When the point of order concerns a proposal or a question currently pending on the proposal, taking the point of order under advisement removes the proposal or the question currently pending on the proposal from further consideration, including ordering the proposal to a 3rd reading, until the presiding officer announces the ruling on the point of order.
sr56m(2r)
(2r) When the point of order concerns an amendment, taking the point of order under advisement removes the amendment from further consideration until the presiding officer announces the ruling on the point of order. Any proposal to which such an amendment is made may not be ordered to a 3rd reading until the presiding officer announces the ruling on the point of order.
sr56m(3)
(3) Whenever the presiding officer takes a point of order under advisement in order to consult sources of parliamentary law and procedure, the presiding officer shall submit the decision in writing, stating the source consulted and the reasons for the decision. The text of the presiding officer's decision shall be recorded in the journal.
sr56m(4)
(4) On appeal being taken, the question is “Shall the decision of the presiding officer stand as the judgment of the senate?", which question, and the action thereon, shall be entered on the journal. The vote is taken by roll call vote. A tie vote sustains the ruling of the presiding officer.
sr56m(5)
(5) All points of order raised and the decisions thereon shall be entered in the journal.
sr57
Senate Rule 57.
Presiding officer to name first speaker. When any 2 or more members rise at the same time, the presiding officer shall name the person who is to speak first.
sr58
Senate Rule 58.
Member out of order. A member called to order shall sit down, and may not speak, except in explanation, until it is determined whether or not the member was in order.
sr59
Senate Rule 59.
How members may speak. Members may not speak except from their assigned places, and not more than twice on a question, except on leave of the senate. If a question pending is lost by adjournment and revived on the succeeding roll call day, a member who spoke twice on the preceding roll call day may not again speak without leave of the senate.
sr60
Senate Rule 60.
Personal privilege. Members may rise to explain matters personal to themselves by leave of the presiding officer, but may not discuss pending questions in the explanations. Questions of personal privilege are limited to questions affecting the rights, reputation, and conduct of the members in their representative capacities. A member's right to speak on a point of personal privilege has precedence over all other questions except a motion to adjourn or a motion to raise a call.
sr61
Senate Rule 61.
Special privilege. Any member desiring to make a personal explanation on a matter other than one of personal privilege may rise and, by leave of the presiding officer, and within such limitation of time as the presiding officer or senate may determine, discuss any subject relative to state or local government, public welfare, conduct of public officials in relation to their official duties, and matters pertaining to the rights of the senate collectively, and its safety and dignity, and the integrity of its proceedings. A member may not be granted the right to speak on a point of special privilege while any matter is pending or under discussion before the senate.
sr62
Senate Rule 62.
Stating motions. When a motion is made, the presiding officer shall state it or the chief clerk shall read it prior to debate. If a member requires it, all motions, except to adjourn, postpone, or refer, shall be reduced to writing. Except as provided in rule
67, any motion may be withdrawn by consent of the majority of those present.
sr63
Senate Rule 63.
Motions in order during debate. sr63(1)(1)
When a question is under debate, a motion may not be received except:
sr63(1)(a)
(a) To adjourn (not debatable or amendable, member must have floor to make motion,
see rules
64 and
68).
sr63(1)(b)
(b) To adjourn to a fixed time (not debatable; amendable only as to time,
see rules
64 and
68).
sr63(1)(c)
(c) To raise a call (not debatable or amendable, carried by majority vote of the members present,
see rules
68 and
85 (5)).
sr63(1)(d)
(d) Personal privilege (not debatable, subject to time limit imposed by the presiding officer,
see rule
60).
sr63(1)(e)
(e) To recess (debatable only as to length of recess,
see rules
64 and
68).
sr63(1)(f)
(f) To lay on table (not debatable, returns matter to committee on senate organization,
see rules
18,
65 and
68).
sr63(1)(g)
(g) For the previous question (not debatable but amendable to establish time limit for debate,
see rules
68 and
77).
sr63(1)(h)
(h) For the current question (not debatable but amendable to establish time limit for debate,
see rules
68 and
77).
sr63(1)(i)
(i) To postpone to a day certain (debatable, may not be renewed on same day unless matter has advanced to subsequent stage or has been changed by amendment,
see rule
66).
sr63(1)(j)
(j) To refer to a standing committee (debatable, in order at any time before passage,
see rule
41).
sr63(1)(k)
(k) To refer to a special committee (debatable, in order at any time before passage,
see rule
41).
sr63(1)(m)
(m) To postpone indefinitely, to reject or to nonconcur, as applicable (debatable, takes precedence over corresponding motion to approve,
see rule
55).
sr63(1)(n)
(n) To amend (debatable, must be germane,
see rules
50 and
53).
sr63(2)
(2) These several motions have precedence in the order in which they are set forth in this rule.
sr64
Senate Rule 64.
Motion to adjourn always in order. A motion to adjourn is always in order except when the senate is voting. However, a member may not move an adjournment when another member has the floor and 2 consecutive motions to adjourn are not in order unless other business intervenes. A motion to adjourn to a time certain or to recess has the same privilege as a motion to adjourn, but such motions have the order of precedence prescribed in rule
63.
sr65
Senate Rule 65.
Laying on table. sr65(1)(1)
A motion to lay on the table has only the effect of disposing of the matter temporarily and it may be taken from the table at any time by order of the majority of those present.
sr65(2)
(2) If a proposal is tabled on a certain day and is not removed from the table on that day, the proposal is returned to the committee on senate organization.
sr66
Senate Rule 66.
Motion to postpone. A motion to postpone to a day certain, to refer, or to postpone indefinitely, having failed, may not be again allowed on the same day unless the matter has been altered by amendment or advanced to a subsequent stage. A 2nd motion to reject an amendment is subject to this rule and may not be twice allowed on the same day unless the amendment was altered by amendment.
sr67
Senate Rule 67.
Motion to reconsider. sr67(1)(1)
A motion to reconsider a question may be made by a member having the floor who voted with the majority, or whose position recorded under rule
75 agreed with the majority. In the case of a voice vote or tie vote, the motion for reconsideration may be offered by a member not recorded absent on the question that is moved to be reconsidered. The motion for reconsideration is subject to all rules governing debate that apply to the question moved to reconsider.
sr67(2)
(2) On questions requiring by the constitution, statutes, rules, or otherwise, a specified number of affirmative votes, the prevailing side is the majority, but such minimum affirmative requirement does not apply to the question of reconsideration.
sr67(3)
(3) The motion for reconsideration shall be made on the same or the next succeeding roll call day and it shall be received under any order of business.
sr67(4)
(4) A motion to reconsider shall be put immediately after pending business of higher precedence is disposed of unless it is laid over to a future time by a majority vote. A motion for reconsideration may be laid on the table without debate.
sr67(5)
(5) After the time for receiving the motion has expired, a pending motion for reconsideration may not be challenged on the ground that the member making the motion did not vote with the majority.
