Bill Text: MI SR0002 | 2021-2022 | 101st Legislature | Enrolled
Bill Title: A resolution prescribing the Standing Rules of the Senate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-01-13 - Adopted [SR0002 Detail]
Download: Michigan-2021-SR0002-Enrolled.html
as adopted by senate, January 13, 2021
senate resolution no.2
Senator Lauwers offered the following resolution:
A resolution prescribing the Standing Rules of the Senate.
CHAPTER I – SECTION I
SENATE ORGANIZATION
1.100 TRANSMISSION OF MESSAGES.
Per Joint Rule 1, all messages necessary for conducting legislative
business between the two houses shall be communicated in writing and delivered
electronically by the Secretary of the Senate and the Clerk of the House of
Representatives.
1.101 PRESIDING OFFICER
a) The Lieutenant Governor shall be the President of the Senate and shall
preside over all sessions of the Senate. If the Lieutenant governor is
absent, the President pro tempore, Assistant President pro tempore, or
Associate President pro tempore shall preside.
b) The Lieutenant Governor may vote only when the Senators are equally
divided in their vote (see Const. Art. 5, Sec. 25).
c) In the absence of the
President of the Senate, President pro tempore, Assistant President pro
tempore, and Associate President pro tempore, the Secretary of the Senate shall
preside until the Senate shall appoint a Senator to act as presiding officer or
until the President of the Senate, President pro tempore, Assistant President
pro tempore, or Associate President pro tempore shall appear. In the absence of
all Senators, or all but one Senator, the Secretary of the Senate shall preside.
1.102
AUTHORITY OF THE PRESIDING OFFICER
a) The presiding officer shall call the Senate to order at the hours
provided by the Constitution and these rules and at the hour established by the
Senate at its last meeting.
b) Except as proved in Rule
1.205(b), following the invocation and Pledge of Allegiance, the presiding
officer shall instruct the Secretary of the Senate to record the attendance.
The attendance roll call shall be taken using the electronic voting system for
one minute; however, on the first session in January, or if the electronic
voting system is not operational, the presiding officer shall instruct the Secretary
of the Senate to call the roll orally and record and announce the results.
1.103
THE PRESIDING OFFICER’S CONTROL WITHIN THE CHAMBER
The presiding officer shall preserve order and decorum and shall have
general control within the Chamber. During every session of the Senate, the
Sergeant at Arms is under the direct supervision of the presiding officer.
Every question of order and procedure shall be decided by the presiding
officer, subject to an appeal by the Senate.
1.104
ELECTION OF SENATE OFFICERS
a) At the first session of a quadrennium, a President pro tempore,
Assistant President pro tempore, and Associate President pro tempore shall be
elected by a vote of a majority of the Senators elected and serving. All
officers elected by the Senate hold office until their successors are elected
and qualified or until the expiration of their Senate term, whichever occurs
first.
b) Prior to the commencement of the quadrennium session, the majority party
shall meet in an organizational caucus and elect a Majority Leader, Majority
Floor Leader, Majority Whip, Majority Caucus Chairperson, Assistant Majority
Leader, Assistant Majority Floor Leader, Assistant Majority Whip, and Assistant
Majority Caucus Chairperson. At a similar organizational caucus, the minority
party shall elect a Minority Leader, Minority Floor Leader, Minority Whip,
Minority Caucus Chairperson, Assistant Minority Leader, Assistant Minority
Floor Leader, Assistant Minority Whip, and Assistant Minority Caucus
Chairperson.
c) All majority party Senate officers shall serve at the pleasure of the
majority party caucus. All minority party Senate officers shall serve at the
pleasure of the minority party caucus.
d) All majority and minority party caucuses shall be subject to Section 8
of the Open Meetings Act (see MCL 15.268).
1.105
APPOINTMENT OF COMMITTEES
a) The Senate Majority Leader shall make appointments of senators to
committees and subcommittees established under these rules. The Senate Majority
Leader shall make appointments of minority party members from a list submitted
by the Senate Minority Leader, and shall consider the preferences, seniority,
and experience of the members in making appointments. The Senate Majority
Leader may accept the list submitted by the Senate Minority Leader in whole or
in part. If the Senate Majority Leader rejects names on the list and their
corresponding committee assignments, the Senate Minority Leader shall submit
replacement nominations.
b) The Senate Majority Leader may remove members from their appointment to
committees and subcommittees established under these rules.
c) All appointments to standing and select committees and subcommittees are
subject to the approval of the Senate by a majority of the Senators elected
and serving. All removals from committees and subcommittees and all appointments
to conference committees shall be effective upon the removal or appointment
until disapproved by the Senate by a majority of the Senators elected and
serving.
1.106
ELECTION OF SECRETARY OF THE SENATE
At the first session of a quadrennium, a Secretary of the Senate
shall be elected as an officer of the Senate. The Secretary of the Senate shall
take and subscribe to the Constitutional Oath of Office for the true and
faithful discharge of the duties of office. The Secretary of the Senate shall
serve until a successor is elected and qualified. If a vacancy occurs in the
office of the Secretary of the Senate, the Assistant Secretary of the Senate
shall assume the duties of the Secretary of the Senate until a successor is
elected and qualified.
1.107
SENATE PARLIAMENTARIAN
The Secretary of the Senate, or a member of the staff of the Secretary of
the Senate, shall serve as the Senate Parliamentarian to advise the Senate on
questions relating to parliamentary law and procedure.
1.108
SENATE BROADCAST AND WEBCAST
The Secretary of the Senate, with the concurrence of the Senate Majority
Leader, may broadcast and webcast Senate session.
1.109
SENATE JOURNALS
a) The Secretary of the Senate shall keep a correct Journal of each day's
proceedings of the Senate, supervise its publication, and make corrections from
day to day as may be necessary. During the consideration and passage of general
and supplemental appropriation bills, the Secretary of the Senate may correct summative
totals that may have been affected by amendments made to items in the bills.
The corrections shall be made in the bills and the Journal.
b) The Secretary of the Senate shall make the Journal available online daily
for use by the President of the Senate, Senators, and the general
public.
c) When the Senate goes into Executive Session, the proceedings of the
Senate shall be kept in a separate Journal, which shall be open to inspection
by Senators only, unless otherwise ordered. The separate Journal shall be
published after the close of the session at the end of the regular
Journals of the Senate proceedings, unless otherwise ordered by the Senate.
1.110
INTRODUCTION OF BILLS, JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES
a) All bills, joint resolutions, and alternative measures to be introduced
shall be submitted to the Secretary of the Senate, accompanied by seven
true copies, for introduction on the next succeeding Senate legislative
day unless the Senate Majority Leader otherwise determines to allow for bills
to be introduced the same day if session is still in order. Only a currently
serving Senator may sign a bill, joint resolution, or alternative measure for
introduction. Once submitted to the Secretary of the Senate, all
bills, joint resolutions, and alternative measures become the property of the
Senate and cannot be withdrawn. Each bill, conference report, substitute bill,
joint resolution, and alternative measure shall be approved as to form and
numbering of sections by the Legislative Service Bureau prior to submission to
the Secretary of the Senate. Bills, joint resolutions, and alternative measures
may be submitted for introduction during the interim between legislative sessions.
b) Each Senate bill, joint resolution, and alternative measure shall be
read a first and second time by title when introduced in the Senate. Each House
bill, joint resolution, and alternative measure shall be read a first and
second time by title when first received from the House.
c) At any time after introduction and upon final action on a Senate bill,
joint resolution, or alternative measure, Senators may move to co-sponsor the
bill, joint resolution, or alternative measure when it is in possession of the Senate.
Senators may also submit a written request to the Secretary of the Senate to be
added as a co-sponsor of the bill, joint resolution, or alternative measure,
and the Secretary of the Senate shall print the request in the Journal as an
official communication under Senate Rule 3.105. After final passage of a Senate bill or adoption of a
Senate joint resolution or alternative measure, or upon final action on a Senate
bill, joint resolution, or alternative measure returned from the House, the
presiding officer may open the voting board to allow Senators to add their
names as co-sponsors.
d) A sponsor or co-sponsor may move to remove his or her name from a
Senate bill, joint resolution, or alternative measure when it is in possession
of the Senate, provided that at least one Senator remains listed as the
sponsor. A sponsor or co-sponsor may also submit a written request to the
Secretary of the Senate to remove his or her name from a Senate bill, joint
resolution, or alternative measure when it is in possession of the Senate,
provided that at least one Senator remains listed as the sponsor, and the
Secretary of the Senate shall print the request in the Journal as an official
communication under Senate Rule 3.105.
1.111
NUMBERING, LETTERING, AND PRINTING OF BILLS, JOINT RESOLUTIONS, AND
ALTERNATIVE MEASURES
a) The Secretary of the Senate shall assign numbers to all Senate bills,
resolutions, and alternative measures in the order they are submitted for
introduction. The Secretary of the Senate shall assign letters to all joint
resolutions in the order they are submitted for introduction.
b) The Secretary of the Senate shall attend to the printing and reproduction
of all bills, resolutions, joint resolutions, alternative measures, acts, and
other documents ordered printed or reproduced by the Senate. The heading
of every bill, resolution, joint resolution, and alternative measure ordered
or reproduced shall contain the number of the bill, resolution, or
alternative measure or letter of the joint resolution; name of the
Senator or Senators introducing the bill, resolution, joint resolution, or
alternative measure; date of introduction; and the name of the
committee to which the bill, resolution, joint resolution, or
alternative measure is referred.
1.112
ANNOUNCEMENT OF PRINTING AND ENROLLMENT OF BILLS, JOINT RESOLUTIONS, AND
ALTERNATIVE MEASURES
The Secretary of the Senate shall print in the Journal each day (a) the
number of all Senate and House bills, resolutions, and
alternative measures and letters of all joint resolutions that have been
printed or reproduced and distributed to the offices of the President of the
Senate and Senators and (b) the numbers of the Senate bills that have
been enrolled and presented to the Governor.
1.113
CARE AND PRESERVATION OF BILLS, RESOLUTIONS, AND ALTERNATIVE MEASURES
The Secretary of the Senate shall be responsible to the Senate for the care
and preservation of every bill, resolution, joint resolution, and
alternative measure introduced in the Senate and each bill, resolution, and
alternative measure received from the House, which responsibility shall only be
relieved by a receipt from an authorized person.
1.114
ENROLLMENT OF BILLS AND PRESENTATION TO THE GOVERNOR
a) After a Senate bill has passed both houses, the Secretary of the Senate
shall attend to the enrollment printing of the bill. The Secretary of the
Senate shall present the enrolled bill to the Governor and obtain a receipt verifying
the exact date and time the bill was deposited in the Executive Office.
b) Unless otherwise by the Senate, the Secretary of the Senate may enroll a
Senate bill while the Senate is not in session if that bill has passed both houses
and no action is pending on the bill. If the only action pending on such a bill
is the granting of immediate effect, and the Senate has adjourned sine die,
immediate effect shall not be given, and the Secretary shall enroll the bill. The
Secretary of the Senate shall notify the Senate of such action on the next
Senate legislative day.
c) When a Senate bill is approved by the Governor, the Secretary of the
Senate shall obtain a receipt from the Executive Office verifying the exact
date and time the bill was filed with the Secretary of State. At the end of
each year, the Secretary of the Senate shall deposit with the Secretary of
State the official printed copy of the Senate bill as passed by both houses and
obtain a receipt.
1.115
ENROLLMENT OF JOINT RESOLUTIONS AND ALTERNATIVE MEASURES
a) After a Senate joint resolution or alternative measure has been adopted
by both houses, the Secretary of the Senate shall attend to the enrollment
printing. The Secretary of the Senate shall certify and file the enrolled joint
resolution or alternative measure with the Secretary of State and, in the case
of a joint resolution, with others as directed by the joint resolution.
b) Unless otherwise ordered by the Senate, the Secretary of the Senate may enroll
a Senate joint resolution or alternative measure while the Senate is not in
session if that joint resolution or alternative measure has been adopted by
both houses and no action is pending on the joint resolution or alternative
measure. The Secretary of the Senate shall notify the Senate of such action on
the next Senate legislative day.
c) When filing an enrolled Senate joint resolution or alternative measure
with the Secretary of State, the Secretary of the Senate shall obtain a receipt
verifying the exact date and time filed. At the end of each year, the Secretary
of the Senate shall deposit with the Secretary of State the official printed
copy of the Senate joint resolution or alternative measure as adopted by both houses
and obtain a receipt.
1.116
BILL, RESOLUTION, AND ALTERNATIVE MEASURE HISTORY
The Secretary of the Senate shall keep a record and index of all bills,
resolutions, joint resolutions, and alternative measures received by the
Senate. This record shall include the title; bill, resolution, or
alternative measure number; joint resolution letter; name of the sponsor and any
co-sponsors introducing the bill, resolution, joint resolution, or alternative
measure; name of the committee to which the bill, resolution, joint resolution,
or alternative measure is referred; and an entry of all action, including the
date, taken on the bill, resolution, joint resolution, or alternative measure.
1.117
SENATE ADMINISTRATION AND OFFICE BUDGETS
a) The Senate Majority Leader is the Chief Administrator of the Senate, shall
assign duties to Senate employees not specified by other rules, and may
authorize and have final approval authority for all expenses for the operation
of the Senate, except as provided by law.
b) In the absence of the Senate Majority Leader, the Assistant Majority
Leader shall assume the duties and responsibilities of the Senate Majority
Leader.
c) The Director of the Business Office shall create a budget with the
concurrence of the Senate Majority Leader. The form of the budget shall
parallel, as closely as practical, the departmental budgets presented to the
Committee on Appropriations.
d) The Senate financial records shall be open for public inspection. Upon a
written request that describes the financial record sufficiently to enable the
Senate to find the financial record, a person has a right to inspect, copy, or
receive copies of that financial record of the Senate. Documents shall be
available for inspection during normal business hours. The Director of the
Business Office shall keep a record of these requests.
1) A copy of the Senate financial records shall be on file with the Senate
Business Office, which shall have overall authority to administer the Senate
financial records under the direction of the Senate Majority Leader.
2) As used in this section, "financial record" means a budget,
account, contract, purchase order, expenditure authorization, voucher, check,
warrant, lease, audit report, balance sheet, travel voucher, or other such
summaries of financial transactions.
3) The following information contained in Senate financial records is
exempt from disclosure under this rule:
A) Information of a personal nature contained in financial records where
the public disclosure of the information would constitute a clearly unwarranted
invasion of an individual's privacy. Such exempt information includes, but
is not limited to, the following:
(i) An employee's social security account number, financial
institution record, electronic transfer fund number, deferred compensation,
savings bonds, W-2 and W-4 forms, and any court enforced judgment.
(ii) An employee's benefit selection.
(iii) Telephone bill detail including the telephone number and name
of individual called.
(iv) Unemployment compensation and workers' disability compensation
records.
B) Records and information specifically described and exempted from
disclosure under statute or subject to attorney-client privilege.
C) A bid or proposal by a person to enter into a contract or agreement,
until the time for the public opening of bids or proposals, or if a public
opening is not to be conducted, until the time for the receipt of bids or
proposals has expired.
D) Commercial or financial information or trade secrets voluntarily
provided to the Senate.
E) Communications, notes, and electronic data within the Senate or between
the Senate and other public bodies of an advisory nature.
F) Internet-use records.
G) Any other document or record protected from public disclosure by
agreement, contract, Senate rule, or law.
4) The Senate may charge a reasonable fee for providing a copy of a
financial record. The fee shall be limited to actual mailing costs and to the
actual incremental cost of duplication or publication including labor related
to the search, and deletion of exempt information from nonexempt information.
5) The Senate may also charge a reasonable fee for providing for the
inspection of financial records. This fee may include the actual incremental
cost of supervising the inspection including labor related to the search,
examination, review, and deletion of exempt information from nonexempt
information.
6) The Senate may adopt any such other rules and policies as are necessary
to provide for the orderly dissemination of materials to the public.
e) Each Senator shall be allotted separate budget amounts for the annual
staff account and the annual office operations account, as determined by the
Senate Majority Leader, to be used on a fiscal year basis. Each standing
committee chairperson shall be allotted a separate budget amount for the annual
committee operations account, as determined by the Senate Majority Leader. The
amounts allocated to these accounts may be adjusted for all Senate offices by
the Senate Majority Leader. Any unused amount in a fiscal year shall not be
carried into the succeeding year. A Senator shall not exceed the annual limits
for each of these accounts without approval of the Senate Majority Leader.
f) The Senate Majority Leader shall establish guidelines to allow Senators
to transfer a limited amount of funds between their own staff account and their
office operations account.
1.118
SECRETARY OF THE SENATE; ADMINISTRATIVE DUTIES
a) With the approval of the Senate Majority Leader, the Secretary of the
Senate, shall appoint a staff to conduct the legislative administration of the
Senate, including Administrative Office Staff, Session Staff, Committee Clerks,
and Senate Television Staff.
b) The Secretary of the Senate shall exercise supervisory care and control
of the Senate Chamber and all Senate rooms, corridors, furniture, and equipment
in the Capitol and all committee and meeting rooms not located in the Capitol.
The Secretary will cooperate with the Director of the Business Office in
carrying out these duties.
c) The Secretary of the Senate shall have responsibility for the
development and maintenance of a system for preserving legislative records of
the Senate and its committees. The Secretary of the Senate shall issue
guidelines for the organization and preservation of these records.
d) The Secretary of the Senate shall be responsible for keeping the Senate
seal and for affixing the Senate seal to official Senate documents, as
authorized by the Senate Majority Leader. The Senate seal shall be comprised of
the coat of arms of the State of Michigan encompassed by the words:
"Senate - State of Michigan".
e) The Secretary of the Senate shall maintain a schedule of Senate
committee rooms.
f) The Secretary of the Senate shall make and maintain an official tape of
all sessions of the Senate. Copies of the official tape shall be made only upon
application approved by the Senate Majority Leader. All official tapes of the
Senate sessions shall be transferred to the State Archives four years
following the end of each biennial session of the Senate.
g) The Secretary of the Senate shall compile and maintain a list of
appointments by the Governor subject to the advice and consent power of the
Senate. This list shall contain the name and function of the office, the holder
of the office, the date of appointment, and the expiration date of the
officeholder’s term. This list shall be posted on the Senate Website.
h) The Secretary of the Senate shall compile and maintain a list of the
appointments that the Senate Majority Leader or the Senate Minority Leader are
authorized to make to various boards and commissions. This list shall contain
the name and function of the office, the holder of the office, the date of
appointment, and the expiration date of the officeholder’s term. This list
shall be posted on the Senate Website.
1.119
DIRECTOR OF THE BUSINESS OFFICE; ADMINISTRATIVE DUTIES
a) The Director of the Business Office shall serve at the pleasure of the
Senate Majority Leader.
b) With the approval of the Senate Majority Leader, the Director of the
Business Office shall appoint a staff to conduct the business of the Senate,
including Business Office Staff, Finance Staff, Human Resources Staff,
Information Services Staff, General Services Staff, Physical Properties Staff,
and Security Staff.
c) The Director of the Business Office shall be responsible for the
business and financial records of the Senate.
d) The Director of the Business Office shall exercise supervisory care and
control of all Senate property not located in the Capitol and cooperate with
the Secretary of the Senate as identified in Rule 1.118b.
e) With the approval of the Senate Majority Leader, the Director of the
Business Office shall purchase all necessary furniture, carpet, equipment,
postage, supplies, and services for use by the Senate.
f) The Director of the Business Office shall install and maintain any
equipment approved for use by the Senate.
g) As authorized by the Senate Majority Leader, the Director of the
Business Office may sign papers, forms, documents, and contracts on behalf of
the Senate.
1.120
DUTIES OF THE SERGEANT AT ARMS
a) The Sergeant at Arms shall be the chief security officer of the Senate.
Under the direction of the Senate Majority Leader, the Director of the Business
Office shall supervise and direct the work of the Sergeant at Arms and Assistant
Sergeants at Arms, and may commission the Sergeant at Arms and Assistant
Sergeants at Arms, who meet the certification requirements of this state, as
law enforcement officers with the powers provided under the Legislative
Sergeant at Arms Police Powers Act (see MCL 4.381-4.382).
b) The Sergeant at Arms shall attend the Senate during its sessions and
maintain order under the direction of the presiding officer. The Sergeant at
Arms shall execute the commands of the presiding officer and of the Senate and
all processes issued by authority thereof.
c) The Sergeant at Arms shall have general charge, and maintain order, in
the Chamber, gallery, areas immediately outside the Chamber, and
committee rooms of the Senate. The Sergeant at Arms shall see that all staff
and visitors are seated when appropriate.
1.121
EXECUTIVE SESSION
On a motion made and carried that the Senate go into Executive Session, the
presiding officer shall direct all persons, except Senators, the Secretary of
the Senate, and personnel as authorized by the Senate, to withdraw. The vote of
a majority of the Senators voting shall be required on a motion for Executive Session,
except for Executive Sessions called under Rule 2.104. During an Executive Session, the doors shall remain
closed and every Senator, officer, and authorized personnel shall keep
confidential all proceedings and matters enjoined by order of the Senate.
MEMBER RESPONSIBILITIES
1.201
OATH OF OFFICE
The oath of office to Senators-elect shall be administered following the
November general election up to and including the first day of regular session,
or as soon thereafter as a Senator-elect may appear. The oath shall be
administered by the Lieutenant Governor, a Justice of the Supreme Court, a
Judge of the Court of Appeals, or the Secretary of the Senate (see Const. Art.
11, Sec. 1).
1.202
CONTESTED ELECTIONS
a) A petition for a recount shall be filed not later than 48 hours
following the completion of the canvass of the votes cast at an election. A
copy of the petition shall be given by the contestant to the Secretary of the
Senate (see MCL 168.879). Notice of receipt of the petitions shall be announced
by the Secretary of the Senate and printed in the Journal.
b) Each contestant requesting a recount shall deposit with the Secretary of
State, Bureau of Elections, the amount provided by law for each precinct in
which he or she has requested a recount (see MCL 168.881).
c) Upon completion of a recount, the Board of State Canvassers shall
forward a report of the results to the Secretary of the Senate, and
the report shall be announced by the Secretary of the Senate and printed in the
Journal (see MCL 168.879).
1.203
PROCEDURE FOR EXCLUSION
a) A Senator-elect shall not be given the oath of office or seated as a
Senator if he or she has been convicted of subversion or has, within the
preceding 20 years been convicted of a felony involving breach of the public
trust (see Const. Art. 4, Sec. 7), or has within the preceding 20 years,
been convicted of a felony involving dishonesty, deceit, fraud, or a breach of
public trust and the conviction was related to the person’s official
capacity while the person was holding any elective office or position of
employment in local, state, or federal government (see Const. Art. 11, Sec. 8).
Upon finding by a majority vote of the Senators elected and serving that a
Senator-elect has committed an offense within the provisions of this rule, he
or she shall be declared to be unqualified for membership in the Senate and his
or her office declared vacant.
b) Questions arising from challenges to the elections or returns of Senators
shall be decided by a vote of a majority of the Senators elected and
serving. In cases of contested elections or returns, notice setting forth the
grounds of the contest shall be given by the contestant to the Secretary of the
Senate not later than January 7 following the general election, or not later
than 20 days following the special election.
c) The Senate, with concurrence of two-thirds of Senators elected
and serving, may expel a member. The reasons for such expulsion shall be
printed in the Journal (see Const. Art. 4, Sec. 16).
1.204
EXCUSED ABSENCE
The Senate may excuse any Senator from attendance for any stated period,
and the excused absence shall be printed in the Journal. The Senate may revoke
an excuse at any time.
1.205
SENATORS DEEMED PRESENT UNLESS EXCUSED
a) A Senator who answers an attendance roll call or who enters after an
attendance roll call and reports his or her presence to the Secretary of the
Senate shall be considered present thereafter unless an excused absence is
granted.
b) A Senator may be recognized prior to the invocation and the attendance
roll call only for the purpose of presenting a motion to adjourn. Should such a
motion to adjourn prevail, there shall be no official invocation and attendance
roll call for that day.
1.206
COMPENSATION FOR SENATORS
The compensation of Senators is determined by the State Officers
Compensation Commission, as provided by law. Senators shall not collect from
the Senator's staff account any compensation, expense allowance, or mileage
reimbursement.
1.207
FACILITIES FOR SENATORS
Each Senator shall be entitled to facilities, equipment, furnishings, and
expenses that are necessary to fulfill the duties of office. The location of
facilities and the sufficiency of equipment, furnishings, and expenses shall be
determined through guidelines established by the Director of the Business
Office, under the direction of the Senate Majority Leader.
1.208
EXPENSE REIMBURSEMENT
Expense reimbursement for travel, lodging, meals, registration fees, and
related items shall be made in accordance with regulations established by the
Director of the Business Office, under the direction of the Senate Majority
Leader. The regulations shall set forth the guidelines for amounts, methods of
payment, and time of payment for such items. When, in the judgment of the
Senate Majority Leader, the regulations need revision, the Senate Majority
Leader may direct the Director of the Business Office to make the revision upon
a 15 day notice to all Senators. The regulations shall include the following:
a) Out-of-state expenses of a Senator, or Senate employee, shall not be
paid by the Senate unless a written request has been approved by the Senate
Majority Leader and filed with the Director of the Business Office prior to
departure.
b) A travel request shall state the purpose of the trip, the relevance of
the trip to legislative matters, and an estimate of the cost.
c) The Senator, or Senate employee, shall file a written and signed post-travel
report with the Director of the Business Office not more than 20 calendar days
after returning from travel. These reports shall be retained by the Director of
the Business Office as required by applicable law and regulation.
If a report is not filed within 20 calendar days after returning from travel, no
expenses will be reimbursed by the Senate, and any Senate funds
received in advance of departure shall be returned in full to the Senate Business
Office. The post-travel report shall include a summary of the
relevant legislative information, material pertinent thereto, and itemized
expenditures.
d) An expenditure for travel by a Senator, or Senate employee, shall not be
paid by the Senate unless that expenditure is itemized and documented with a
receipt or other approved documentation.
e) Expenses for out-of-state travel by Senators shall be printed in the
Journal on a quarterly basis.
f) A Senator, or an employee of a Senator, shall not incur out-of-state
travel expenses after the Senator is defeated in a Senate primary or general
election, or upon the failure of the Senator to file for election while serving
the balance of his or her unexpired term, unless approved by the Senate
Majority Leader.
1.209
MAILING
a) The mailing or printing at Senate expense of any personal or campaign
material is prohibited.
b) A Senator, or committee of the Senate, shall not use state funds to mail
1,000 or more pieces of substantially similar material within 30 days before a
primary or general election in which the Senator is a candidate. This rule does
not apply if the mailing is a summary of a ballot proposal that is approved by
the Senate Majority Leader.
c) The Senate shall not make payment for a mass mailing sent outside the
district of the Senator making the mailing. In determining whether a violation
of this rule has occurred, recognition shall be given to established mass
mailing techniques.
d) The Director of the Business Office, under the direction of the Senate
Majority Leader, shall develop and disseminate guidelines for printing and mass
mailing.
e) The cost of pieces mailed by a Senator that were paid for with Senate
funds shall be tabulated and recorded by the Director of the Business Office.
LEGISLATIVE CONDUCT AND ETHICS
1.301
LEGISLATIVE CONDUCT
Each Senator shall conduct himself or herself to justify the confidence
placed in him or her by the people and shall, by personal example and
admonition to colleagues, maintain the integrity and responsibility of his or
her office.
1.302
ATTENDANCE AND VOTING
Every Senator is expected to vote on each roll call vote, unless absent or
prohibited from voting by Rule 1.306. A Senator who misses a roll call vote may request that
a vote intention be printed in the Senate Journal reflecting how he or she
would have voted.
1.303
IMPROPER INFLUENCE
A Senator shall not accept anything that will influence his or her official
act, decision, or vote.
1.304
CONFLICTING EMPLOYMENT
A Senator shall not allow any personal employment to impair his or her
independence of judgment in the exercise of his or her official duties.
1.305
UNDUE INFLUENCE
A Senator shall not use his or her influence in any matter that involves
substantial conflict between his or her personal interest and his or her duties
in the public interest.
1.306
DISCLOSURE AND DISQUALIFICATION
A Senator having a personal, private, or professional interest in a bill or
alternative measure, of which he or she has knowledge, shall not vote on the
bill or alternative measure and shall disclose in writing his or her interest
in the bill or alternative measure. A personal, private, or professional
interest in a bill or alternative measure is an interest that would provide a
benefit particular to a Senator or a benefit particular to any individual or
entity to whom the Senator is financially or legally obligated or is personally
related. The disclosure shall be filed with the Secretary of the Senate to be
printed in the Journal immediately following the record of the vote on the bill
or alternative measure. If a Senator votes on a bill or alternative measure
that might appear at the time of the vote to provide a benefit particular to
that Senator or a benefit particular to any individual or entity to whom the
Senator is financially or legally obligated or is personally related, a Senator
may submit a statement explaining his or her reasons for voting. The statement
shall be printed in the Journal.
1.307
SEXUAL HARASSMENT
Sexual harassment is prohibited and will not be tolerated by the Senate.
The Director of the Business Office shall establish a policy to implement this rule.
1.308
SENATE EMPLOYEES AND CONFLICTS
Senate employees, including those elected by the Senate or those employees
specifically provided for by other Senate rules, shall be held accountable
to the intent of Chapter I, Section 3 of these rules where applicable. The
Director of the Business Office shall establish policies to implement this
rule.
1.309
IMPROPER USE OF STAFF AND FACILITIES
a) A Senator shall not convert for personal, business, or
campaign use, unrelated to Senate business, any supplies, services, facilities,
or staff provided by the Senate or State of Michigan. This
includes, but is not limited to, telephones, facsimile machines, computers,
postage, and copy machines.
b) Personal business and incidental campaign calls, when charged to the Senate
or State of Michigan, constitute improper use of Senate facilities.
c) Personal and business calls must be charged to the caller's residence
telephone, personal credit card, special billing number, or made from a
cellular telephone or pay station. Individuals making unreimbursed personal
calls from Senate or State facilities shall be subject to appropriate
sanctions.
d) In situations where it is not possible to utilize any of the methods
outlined above to make a personal call, or when other incidental expenses are
incurred, the Senate's operating procedure shall allow reimbursement to the Senate
or State of Michigan for such calls and expenses.
1.310
ADVISORY OPINIONS
All questions relating to the interpretation and enforcement of Chapter I,
Section 3 of these rules concerning legislative conduct and ethics shall be
referred to the Committee on Government Operations. A Senator who has a
question regarding legislative conduct and ethics may submit a factual
situation to the Committee on Government Operations with a request for an
advisory opinion establishing the standard of public duty. The Committee shall
respond to each inquiry. All opinions issued by the committee shall, after a hearing,
be numbered, dated, and printed in the Journal. No opinion shall identify the
requesting Senator without his or her consent.
1.311
PENALTIES FOR VIOLATION
If a Senator is alleged to have violated the provisions of Chapter I,
Section 3 of these rules, the Committee on Government Operations shall
determine if the facts underlying the allegation are sufficient to merit a
hearing. If a hearing is held, the Senator charged with a violation shall be
given notice and an opportunity to appear at the hearing and be represented by
counsel. The determination and any disciplinary action shall be made and taken
only by a two-thirds vote of the Senators elected and serving on recommendation
of the Committee on Government Operations. A Senator determined to have
violated the provisions of the rules regulating ethics and conduct may be
reprimanded, censured, or expelled. Any actions undertaken under this section
shall be separate from any prosecutions or penalties otherwise provided by law.
SENATE EMPLOYEES
1.401
EMPLOYEES OF EACH SENATOR
a) All Senators may appoint necessary staff in accordance with Senate rules
and subject to policies established by the Senate Majority Leader. These
employees shall be directly responsible to the Senator. A Senator shall not
appoint any employee who is related within the first degree of consanguinity or
direct affinity to any Senator elected or serving. A Senator shall not appoint
any employee who is related within the second or third degree of consanguinity
or direct affinity to any Senator elected or serving without permission of the
Senate Majority Leader.
b) A person shall not begin employment nor receive any compensation until a
Senator has provided the Senate Business Office with the necessary information
about the employee. The Director of the Business Office shall establish
policies to implement this rule.
c) A Senate employee shall not convert for personal, business, or
campaign use, unrelated to Senate business, any supplies, services, facilities,
or staff provided by the Senate or State of Michigan. This includes, but is not
limited to, telephones, facsimile machines, computers, postage, and copy
machines.
d) Personal business and incidental campaign calls, when charged to the Senate
or State of Michigan, constitute improper use of Senate facilities.
e) Personal and business calls must be charged to the caller's residence
telephone, personal credit card, special billing number, or made
from a cellular telephone or pay station. Individuals making unreimbursed
personal calls from Senate or State facilities shall be subject to appropriate
sanctions.
f) In situations where it is not possible to utilize any of the methods outlined
above to make a personal call, or when other incidental expenses are incurred,
the Senate's operating procedure shall allow reimbursement to the Senate or State
of Michigan for such calls and expenses.
1.402
COMMITTEE CLERKS
Clerks for standing committees shall serve under the direction of the Secretary
of the Senate. The person designated as committee clerk must perform all duties
established by the State Constitution and Senate rules and must attend
committee clerk training sessions provided by the Secretary of the Senate.
1.403
EMPLOYEE APPOINTMENT
The Senate Majority Leader shall appoint employees as necessary for the
work of the Senate. The Senate Majority Leader shall appoint minority staff
employees from a list submitted by the Senate Minority Leader.
1.404
EMPLOYEE COMPENSATION
a) Compensation for Senate employees shall be established by each Senator
within the limits of the budget guidelines in accordance with Senate rules and
subject to policies issued by the Director of the Business Office, under the
direction of the Senate Majority Leader.
b) The Senate general fund shall provide benefit packages for the staff of
each majority and minority Senator in accordance with policies established by
the Senate Majority Leader.
1.405
EMPLOYEES AS CANDIDATES
Any Senate employee or any officer of the Senate who files a nominating
petition, pays a fee for ballot access, files an affidavit of candidacy, or
campaigns for the employee's or officer’s election to a full-time office, shall
resign, or, subject to approval of the Senate Majority Leader, be placed on an
unpaid leave of absence. This rule shall not be construed as having any
application to the Lieutenant Governor or any Senator.
1.406
EMPLOYMENT ACTIONS AT WILL OF THE MAJORITY LEADER
Except as otherwise
provided in these rules, the Senate Majority Leader, or the Senate Majority
Leader’s designee, shall appoint all employees of the Senate. Unless otherwise
provided by law, the compensation for all employees and officers of the Senate shall
be fixed by the Senate Majority Leader, or the Senate Majority Leader’s
designee. All employees of the Senate shall maintain a status as non-tenured,
at-will employees. All employees of the Senate work at the pleasure of the
Senate Majority Leader, or the Senate Majority Leader’s designee, shall be
subject to the Senate Majority Leader’s, or the Senate Majority Leader’s
designee’s, orders, and may be transferred to a different position, demoted,
suspended, or summarily removed by the Senate Majority Leader, or the Senate
Majority Leader’s designee.
CHAPTER II – SECTION 1
COMMITTEE ORGANIZATION
2.101
AUTHORIZATION FOR STANDING COMMITTEES
a) Permanent standing
committees and commissions of or appointed by the Senate, when created by rule
of the Senate, shall exist and function both during and between sessions (see
MCL 4.221). Permanent standing committees and commissions of or appointed by
the Senate may by resolution perform and exercise such powers and authority in
the interim between sessions as shall be delegated to such committees or
commissions in the resolutions.
b) The Senate Majority
Leader may, from time to time, establish subcommittees of permanent standing
committees of the Senate. Such subcommittees shall include at least one
majority party member and one minority party member who are members of that
standing committee and shall have at least one more majority party member than
minority party member.
2.102
POWERS AND RESPONSIBILITIES OF COMMITTEES
a) Any Senator, while acting as a member of a committee, shall have
authority to administer oaths to such persons as shall be examined before the
committee of which he or she is a member (see MCL 4.85).
b) Any committee may, by resolution of the Senate, be authorized to
administer oaths, issue subpoenas, and examine books, records, and files (see
MCL 4.101 and MCL 4.541).
c) Any witness, or attorney representing a witness, may be punished for
contempt by the Legislature (see MCL 4.82 and 4.101), under either of the
following circumstances:
1) During a committee investigation and pursuant to a committee subpoena,
he or she:
a) Refuses to be sworn or testify,
b) Fails on demand to produce any papers, books, or documents regarding any
matter under investigation, or
c) Otherwise neglects or refuses to obey the committee subpoena.
2) He or she is guilty of deliberately interfering with the duties and
powers of the Legislature while in attendance at a committee hearing.
d) Contempt of the Legislature shall be punishable as provided by law (see MCL
4.82 and 4.83).
2.103
STANDING COMMITTEES
The standing committees of the Senate shall be:
Advice and Consent (4
members)
Agriculture (5 members)
Appropriations (18
members)
Economic and Small
Business Development (9 members)
Education and Career
Readiness (6 members)
Elections (4 members)
Energy and Technology
(12 members)
Environmental Quality (6
members)
Families, Seniors, and
Veterans (7 members)
Finance (7 members)
Government Operations (5
members)
Health Policy and Human
Services (10 members)
Insurance and Banking (9
members)
Judiciary and Public
Safety (7 members)
Local Government (5
members)
Natural Resources (5
members)
Oversight (4 members)
Regulatory Reform (9
members)
Transportation and
Infrastructure (9 members)
Statutory standing committees:
Administrative Rules (5 members) (see
MCL 24.235)
Legislative Council (6 members and 3 alternates) (see MCL 4.1103)
Legislative Retirement Board of Trustees (2 members) (see MCL 38.1026)
Library of Michigan Board of Trustees (1 member) (see MCL 397.14)
Michigan Commission on Uniform State Laws (2 members) (see MCL.4.1301)
Michigan Council on Future Mobility (2 members) (see MCL 257.665)
Michigan Law Revision Commission (2 members) (see MCL 4.1401)
Senate Fiscal Agency Board of Governors (5 members) (see MCL 4.1501)
2.104
COMMITTEE ON ADVICE AND CONSENT
a) All appointments to
office submitted by the Governor to the Senate shall be referred to the
Committee on Advice and Consent. Effective upon written notification to the
Secretary of the Senate, the chairperson of the Committee on Advice and Consent
may request a Senate standing committee to hold hearings and make written
recommendations to the Committee on Advice and Consent on a gubernatorial
appointment. The Senate standing committee may adopt by committee vote a
recommendation to the Committee on Advice and Consent.
1) No appointment shall
be voted upon until it has been printed in the Journal.
2) On all appointments
to office reported favorably or without recommendation by the Committee on
Advice and Consent, the question before the Senate shall be on advising and
consenting to the appointment. On all appointments reported unfavorably, the
question shall be on the disapproval of the appointment.
3) The vote of a
majority of the Senators elected and serving by record roll call vote shall be
required to approve or disapprove any appointment to office submitted by the
Governor. Any appointments considered by the Senate shall be in open session,
unless a majority of the Senators elected and serving shall vote in favor of an
Executive Session.
4) Any appointment not
disapproved within 60 session days after receipt shall stand confirmed (see
Const. Art. 5, sec. 6).
b) If an appointment is
made at a time when the 60 days would lapse during an extended recess of the
Senate, the Senate Majority Leader may schedule a session of the Senate for the
sole purpose of carrying out the Senate's constitutional duties to advise and
consent on gubernatorial appointments. The Senate Majority Leader shall notify
the Secretary of the Senate at least 10 calendar days prior to the date of the
scheduled session. The Secretary of the Senate shall take all reasonable steps
to notify the members of the Senate of the scheduled session.
2.105
COMMITTEE ON GOVERNMENT OPERATIONS
a) Except as otherwise
provided by Senate rule, all executive business shall be referred to the
Committee on Government Operations.
b) Executive orders
issued by the Governor, except those dealing with matters of appropriations or
expenditure reductions, shall be referred to the Committee on Government Operations.
Any executive order dealing with matters of executive reorganization may be
disapproved by a resolution concurred in by a majority of members elected to
and serving in each house within 60 calendar days after receipt at a regular
session, or a full regular session if of shorter duration. Unless disapproved
within that time, the executive order shall become effective at a date
thereafter to be designated by the Governor (see Const. Art. 5, Sec. 2).
c) Executive orders
dealing with matters of appropriations or expenditure reductions shall be
referred to the Committee on Appropriations (see MCL 18.1391).
d) The Committee on
Oversight shall receive for review all reports issued by the Auditor General.
e) Upon written notice
to the Secretary of the Senate, the chairperson of the Committee on Government
Operations may request a Senate standing committee to hold hearings and make
written recommendations to the Committee on Government Operations on any
executive business referred to the Committee on Government Operations. The
Senate standing committee may adopt by a committee vote a recommendation to the
Committee on Government Operations.
2.106
COMMITTEE CHAIRPERSONS AND TEMPORARY MEMBERS
a) The first named
member of any committee shall be the chairperson, the second named member shall
be the majority vice chairperson, and the remaining members of the committee
shall rank in the order in which they are named. The first named member of the
minority party shall be the minority vice chairperson. In the temporary absence
of the chairperson and majority vice chairperson, the highest ranking member in
attendance shall act as chairperson.
b) In the apparent
prolonged absence of a member of a committee, the Senate Majority Leader shall
fill the vacancy by appointing a committee member who shall serve until the
absent Senator returns. A temporary committee member shall not be appointed
chairperson of the committee by the Senate Majority Leader.
2.107
CALLING OF A COMMITTEE
It shall be the duty of
any committee to meet at the call of the chairperson, or on the written request
of a majority of the members of the committee. The call or request must contain
the date, time, and place of the meeting. No committee of any status shall sit
during a session of the Senate, except during recess, unless leave is granted
by the Senate. No committee shall use the Senate Chamber for a meeting during
any regular or special session of the Legislature.
2.108
NOTICE OF MEETINGS
a) A committee may hold
a meeting on any bill, resolution, joint resolution, or alternative measure
referred to the committee and on any issue relevant to the subject matter of
the committee. Notice of the meeting, including the subject, date, time, and
place, shall be given in writing to the Secretary of the Senate who shall print
it in the Journal and on the Senate calendar and post it where appropriate (see
Const. Art. 4, Sec. 17). Oral announcement regarding a meeting may be given to
the Senate during a session by the chairperson, or a member of the committee
holding the meeting.
b) Notice of all
committee meetings shall comply with the Michigan Open Meetings Act (see MCL
15.261-15.275).
2.109
COMMITTEE STAFFING
In addition to staff as
provided in Rule 1.402, the Secretary of the Senate may appoint additional
committee personnel as authorized by the Senate Majority Leader. The Senate
Majority Leader may authorize joint utilization of personnel with the House of
Representatives and may authorize the Senate to share in the cost.
2.110
COMMITTEE EXPENSES
No committee may receive reimbursement for expenses unless authorized by
the Senate Majority Leader. A report of committee expenses, prepared by the
chairperson and the Director of the Business Office from the documents on file
in the Senate Business Office and approved by the chairperson, shall be filed
quarterly with the Director of the Business Office. The report shall include
the date, payee, amount, and purpose of the expenditure. The Director of the
Business Office shall notify the Secretary of the Senate, for printing in the
Journal, that the expense report is on file and open for public inspection.
COMMITTEE PROCEDURE
2.201
COMMITTEE QUORUM
A quorum of a committee is a majority of the committee. The affirmative vote
of a majority of the committee members serving is required to adopt an
amendment or substitute to a bill, resolution, joint resolution, or alternative
measure and to report any matter to the Senate. A member must be present at the
time a roll call is taken for his or her vote to count toward the required
majority concurrence.
2.202
COMMITTEE RECORDS
a) Each committee clerk
shall keep a record of the assigned committee proceedings, including the date
and time of each meeting, the committee members present and absent, and all
action on bills, resolutions, joint resolutions, and alternative measures in
the committee with the names and votes of members (see Const. Art. 4, Sec. 17).
A member of the committee wishing to explain his or her vote may file a written
explanation with the clerk of the committee within two legislative days after
the vote is taken, which explanation shall be attached to the minutes. All
minutes shall be available for public inspection during reasonable business
hours. The committee record of its proceedings shall be transmitted biennially
to the Secretary of the Senate within 30 days of the final adjournment of the
Legislature. The Secretary of the Senate shall be responsible for the storage
of the committee minutes and records of its proceedings, which shall be
available for public inspection upon request to the Secretary of the Senate.
b) The committee clerk
of each committee shall keep the committee files, recordings, tapes, records,
memoranda, or written documents in storage cabinets separate from his or her
other records according to the guidelines issued by the Secretary of the
Senate.
2.203
COMMITTEE REPORTS
a) All committees shall
file a report of their activities following each meeting. All reports shall be
submitted on a form prescribed and furnished by the Secretary of the Senate.
The reports shall include the date, time, and place of the committee meeting,
the members in attendance, the vote of each committee member on any bill,
resolution, joint resolution, alternative measure, or other business, and the
committee's recommendation on immediate effect for any bill and shall be
submitted to the Secretary of the Senate. The committee recommendation for
immediate effect shall be considered on House bills at the time of Senate
passage and on Senate bills upon their return from the House unless the Senate
has previously given the bill immediate effect. All committees shall submit an
attendance report to the Secretary of the Senate within two Senate legislative
days of the committee meeting. The Secretary of the Senate shall print all
committee reports and attendance reports in the Journal.
b) Except for a
committee report recommending a substitute, any bill, resolution, joint
resolution, alternative measure, or other business reported out of any
committee shall be filed with the Secretary of the Senate as soon as possible
and not later than 4:00 p.m. on the next calendar day (excluding weekends and
holidays). A committee report recommending a substitute shall be filed not
later than 4:00 p.m. on the second calendar day (excluding weekends and
holidays). The Secretary of the Senate shall have the authority to retrieve any
report not filed by these deadlines.
c) If a bill,
resolution, joint resolution, alternative measure, or other business is
reported to the Senate with a recommendation that it be referred to a second
committee, the reported bill, joint resolution, alternative measure, or other
business, and any amendments, shall be referred to that committee in accordance
with Rule 3.106.
d) All business not
reported by a committee shall be archived in accordance with the Secretary of
the Senate guidelines at the conclusion of each biennium.
2.204
ITEMS REPORTED WITHOUT RECOMMENDATION
All items reported without recommendation, with or without amendments, by
any committee shall lie on the table unless otherwise ordered by the Senate. To
take from the table any item placed on the table in this manner shall require
the vote of a majority of the Senators elected and serving.
2.205
MANUAL OF COMMITTEE PROCEDURE
The rules of
parliamentary law and practice in the most recent edition of Mason's
"Manual of Legislative Procedure" shall govern committee procedure in
all cases except when those rules are inconsistent with the standing rules and
published precedents of the Senate and its committees.
2.206
COMMITTEE TELEVISING, WEBCASTING, AND CONDUCT
a) The Senate may tape,
televise live, or webcast Senate committee meetings.
b) No person shall
engage in any conduct during a Senate committee meeting that undermines the
decorum of the meeting. All individual electronic devices during a committee
meeting shall be turned off or left on non-audible alert.
ORDER OF BUSINESS
3.101
TIME OF SESSION
The Senate shall convene at 10:00 a.m. Tuesday through Thursday except on
state holidays, unless otherwise ordered by the Senate.
3.102
ORDER OF BUSINESS
Unless otherwise ordered by the Senate, the order of business of the Senate
shall be as follows:
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Attendance Roll Call
5. Motions and Communications
6. Messages from the Governor
7. Messages from the House
8. Conference Reports
9. Third Reading of Bills
10. General Orders
11. Resolutions
12. Introduction and Referral of Bills
13. Statements
14. Adjournment
3.103
CHANGE OF ORDER OF BUSINESS
The Senate may change, bypass, or return to any order of business at any
time by the consent of a majority of those voting.
3.104
QUORUM OF THE SENATE
a) A majority of Senators elected and serving shall constitute a quorum
(see Const. Art. 4, Sec. 14).
b) Routine business on
which no vote of the Senate is required may be disposed of on any day, with or
without a quorum present, and proper entries shall be printed in the Journal.
For purposes of this rule, “routine business” includes referral of appointments
to office submitted by the Governor, referral of executive business not
including veto messages, introduction and referral of bills, and announcement
of enrollment printing.
c) In the absence of a quorum, a motion is in order to order a Call of the
Senate, recess, or adjourn.
3.105
COMMUNICATIONS TO THE SENATE
The Secretary of the
Senate shall compile official communications received by the Senate and shall
make them available to all Senators. The presiding officer shall refer all
communications that are informational only to the Secretary of the Senate for
printing in the Journal.
3.106
COMMITTEE REPORTS ON THE CALENDAR
a) All committee reports
in the possession of the Secretary of the Senate shall be placed on the Senate
calendar under the heading of Committee Reports. The Senate calendar shall be
closed for printing at 4:00 p.m. on Tuesday, Wednesday, and Thursday. If a
Senate committee is scheduled to meet on a Friday, Saturday, or Sunday, the
Senate calendar for a Tuesday session shall be closed for printing at 9:30 a.m.
on Monday; however if Monday is a state holiday, the committee report may be
placed on the next Senate calendar following the 4:00 p.m. deadline on Tuesday.
b) A Senator may object
to a committee report on the basis of its sufficiency or proper authorization.
The presiding officer shall place the objection before the Senate for its
decision.
c) All committee reports
shall be laid over one day. After one session day a committee report shall be
considered accepted and the item shall be referred as appropriate.
3.107
RESOLUTION CONSENT CALENDAR
a) The Senate Majority
Floor Leader and the Senate Minority Floor Leader, or their member designees,
shall jointly compile a list known as the resolution consent calendar. It shall
consist of Senate resolutions, Senate concurrent resolutions, and House
concurrent resolutions that do not require committee referral and
consideration, the adoption of which may be accomplished by a majority of
Senators voting. Resolutions that are subject to the voting requirements of
Senate Rule 3.501, or governed by a voting requirement in statute, shall not be
placed on the resolution consent calendar.
b) Matters on the
resolution consent calendar shall be disposed of in a single vote. Before
stating the question of adoption of the consent calendar, the presiding officer
shall ask if there are objections. The objection of any Senator to the
placement of one or more items on the resolution consent calendar shall result
in the removal of the stated item or items from that calendar. Any items
removed from the resolution consent calendar may be considered under the order
of Resolutions.
INTRODUCTION OF BILLS
3.201
FIVE DAYS' POSSESSION
No bill shall be passed or become law, and no alternative measure shall be
adopted, at any regular session of the Legislature until it has been printed or
reproduced and in possession of the Senate for at least five days (see Const.
Art. 4, Sec. 26).
3.202
BILLS, RESOLUTIONS, AND ALTERNATIVE MEASURES AMENDED BY THE HOUSE
All bills, joint resolutions, concurrent resolutions, and alternative
measures returned by the House with amendments shall be laid over one day.
Consideration of bills, joint resolutions, and alternative measures shall be
resumed the following day under the same order of business. Consideration of concurrent
resolutions shall be resumed the following day under the order of Resolutions.
3.203
REFERRAL OF BILLS, JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES
a) The Senate Majority
Leader shall refer all bills, joint resolutions, and alternative measures to a
standing committee no later than one Senate legislative day after being
submitted to the Secretary of the Senate. The presiding officer shall announce
the referral of all bills, joint resolutions, and alternative measures.
b) A bill introduced
pursuant to the timely filing of a notice of objection by the Joint Committee
on Administrative Rules to a proposed administrative rule shall be read twice
and placed on the Senate calendar under the order of business of General Orders
(see MCL 24.245a).
c) The Senate Majority
Leader may change the original referral of a bill, resolution, joint resolution
or alternative measure by oral notice to the Senate or written communication
submitted to the Secretary of the Senate before the end of session on the next
Senate legislative day following the day of the original referral. Notices of
the written communication shall be announced by the Secretary of the Senate
during session and both oral and written notifications shall be printed in the
Journal.
d) It shall be in order
at any time before the final passage of any bill or the adoption of any joint
resolution or alternative measure to move its commitment or recommitment to
committee.
e) The vote of a
majority of the Senators elected and serving shall be required to discharge a
committee from further consideration of any item referred to that committee.
3.204
RESOLUTIONS
a) All resolutions to be
introduced shall be submitted to the Secretary of the Senate, accompanied by
three true copies. Only a currently serving Senator may sign a resolution for
introduction. Except as otherwise provided by Senate Rule, resolutions shall be
read once by title to the Senate and referred to the Committee on Government
Operations. Once submitted to the Secretary of the Senate, resolutions become
the property of the Senate and shall remain in the possession of the Secretary
of the Senate. Concurrent resolutions shall be transmitted to the House on
adoption.
b) Once a resolution is
submitted to the Secretary of the Senate, the President of the Senate and any
Senator wishing to co-sponsor the resolution shall complete a form provided by
the Secretary of the Senate. While a resolution is in possession of the Senate,
the President or a Senator may request that, for purposes of co-sponsorship,
their name be removed or added to the resolution with a letter or request (see
3.507a). After adoption of a Senate resolution, the presiding officer may, upon
a proper motion, open the voting board to allow Senators to add their names as
co-sponsors.
c) After a Senate
concurrent resolution has been adopted by both houses and is returned to the
Senate, the Secretary of the Senate is authorized to order the printing of the
concurrent resolution unless amended by the House or otherwise directed by the
Senate.
3.205
PRINTING
All bills, joint resolutions, and alternative measures shall be printed or
reproduced after introduction unless otherwise ordered by the Senate. No bill,
joint resolution, or alternative measure shall be reported from a standing
committee until it has been printed or reproduced.
3.206 TITLE OF BILLS AND ALTERNATE MEASURES
The title of a bill or
alternative measure shall include (a) the object of the bill or alternative
measure and (b) a reference to the act, sections, and compilation numbers when
amending any act that has been compiled.
3.207
THREE SEPARATE READINGS
Every bill, joint
resolution, and alternative measure shall receive three separate readings prior
to final passage or adoption. The presiding officer shall announce the first,
second, and third reading of the bill, joint resolution, or alternative
measure. The first and second readings may be by title only. The third reading
of a bill, joint resolution, or alternative measure shall be in full unless
otherwise ordered unanimously by the Senate. The third reading of a bill, joint
resolution, or alternative measure shall be on a day subsequent to that on
which it is read a second time or is reported by the Committee of the Whole
(see Const. Art. 4, Sec. 26).
3.208
INITIATIVE PETITIONS
a) The Secretary of the
Senate shall stamp all initiative petitions received by it from the Secretary
of State to verify the date and time of receipt by the Secretary of the Senate.
The Secretary of the Senate shall deliver the initiative petition to the Senate
Majority Leader to be available for referral to committee on the next Senate
legislative day (see Const. Art. 2, Sec. 9).
b) Each initiative
petition, when introduced, shall be read a first and second time by title and
referred to committee. When reported out of committee, each initiative petition
shall be placed on the order of Third Reading of Bills.
c) Any law proposed by
initiative petition shall be either enacted or rejected by the Legislature
without change or amendment within 40 calendar days from the time such petition
is received in the office of the Secretary of the Senate (see Const. Art. 2,
Sec. 9).
d) If the Senate rejects
a law proposed by initiative petition, the Senate may propose a different
("alternative") measure upon the same subject. An alternative measure
shall be labeled "Alternative Measure No. ___ to a law proposed by
initiative petition". An alternative measure shall not be considered for a
second reading unless a law proposed by initiative petition has been rejected
by a house. An alternative measure shall require a majority vote of Senators
elected and serving for adoption, and the vote shall be by record roll call. If
the alternative measure is adopted by both Houses of the Legislature, both
measures shall be submitted to the electors for approval or rejection at the
next general election (see Const. Art. 2, Sec. 9).
MOTIONS
3.301
RECOGNITION
The presiding officer
shall recognize Senators to speak in the order in which they request to speak,
except when a Senator seeks recognition to introduce guests or to raise a point
of order. A Senator, when recognized, shall address the presiding officer,
standing at the microphone nearest to his or her desk.
3.302
PRECEDENCE OF MOTIONS
The following motions shall take precedence in the order listed:
1. To fix the time to which to adjourn
2. To adjourn
3. To take a recess
4. To lay on the table
5. For the previous question
6. To postpone to a day certain
7. To commit or recommit to committee
8. To amend
9. To postpone indefinitely
3.303
MOTION IN WRITING
The presiding officer
shall allow for debate on any debatable motion currently before the Senate. A
motion shall be reduced to writing on the demand of the presiding officer or on
the request of any Senator. The written motion shall be presented to the
Secretary of the Senate and read before it is debated.
3.304
MOTION WITHDRAWAL
Any motion may be
withdrawn by the movant before it is amended or adopted.
3.305
NONDEBATABLE MOTIONS
a) A motion to adjourn,
to recess, to reconsider, to lay on the table, for the previous question, to
suspend the rules, and all questions relating to the priority of business shall
be decided without debate.
b) A nondebatable motion
is not in order if the movant speaks immediately before offering the motion,
except a member may explain an amendment and then move to withdraw it from
consideration.
3.306
CONSIDERATION FOLLOWING A RECESS
When a recess is taken during the pendency of any question, the
consideration of the question shall be resumed on the reassembling of the
Senate.
3.307
MOTION TO LAY ON THE TABLE
A motion to lay on the
table shall carry with it all pending subsidiary questions except in the case
of laying an appeal or a motion to reconsider on the table. A motion taken from
the table shall be divested of all subsidiary motions except motions to amend.
The vote of a majority of the Senators elected and serving shall be required
for a motion to remove any item from the table. Items laid on the table must
first be removed from the table before they are eligible for further
consideration by the Senate.
3.308
MOVE THE PREVIOUS QUESTION
a) Any Senator may move
the previous question. The previous question shall be ordered by a majority of
the Senators voting. The motion for the previous question may be limited by the
movant to one or more of the questions preceding the main question. The effect
of ordering the previous question shall be to close debate instantly, bringing
the Senate to an immediate vote on the pending question or questions in their
regular order. If the previous question is ordered on the third reading of a
bill, joint resolution, or alternative measure, only amendments to the bill,
joint resolution, or alternative measure that have been filed with the
Secretary of the Senate prior to the motion calling for the previous question
shall be considered, but the amendments shall not be debated. The yeas and nays
may be demanded on any vote taken while the previous question is in effect
b) A motion to
reconsider is in order under operation of the previous question before voting
is completed on all pending items affected by the previous question.
c) A motion for a Call
of the Senate shall not be in order after the previous question has been
ordered. No Senator shall dissent orally by making a statement of protest while
the previous question is in effect. The previous question having been ordered,
any question of order or appeal from the decision of the presiding officer
shall be decided without debate.
3.309
MOTION TO DIVIDE
Any Senator may call for a division of the question. If supported by a
majority of the Senators voting, the question shall be divided providing it
contains propositions sufficiently distinct in substance that, if one is taken
away, a substantive proposition remains for the decision of the Senate.
3.310
MOTION TO STRIKE OUT AND INSERT
A motion to amend by striking out and inserting other words shall be
indivisible. However, the words proposed to be struck out or inserted may be
amended.
3.311
MOTION TO RECONSIDER
a) No motion for the reconsideration of any vote shall be in order unless:
1) The subject matter on which the vote was taken is in the possession of
the Senate, and
2) It is made on the same day the vote is taken or within the next two Senate
legislative days.
b) The same question shall not be reconsidered more than once.
c) The vote of a
majority of the Senators elected and serving shall be required to reconsider
the vote by which any bill, joint resolution, or alternative measure was passed
or adopted (or failed to pass or be adopted) or the vote by which an amendment
or substitute (but not an amendment to an amendment or a substitute) was
adopted or defeated on Third Reading by the Senate.
d) A motion to
reconsider may be laid on the table. The tabling of a motion to reconsider the
vote by which any bill, joint resolution, or alternative measure failed to pass
or be adopted by the Senate shall require the vote of a majority of the
Senators elected and serving and shall postpone indefinitely the consideration
of the bill, joint resolution, or alternative measure.
e) Tabling of a motion
to reconsider shall not carry with it the original question but shall be a
refusal to reconsider. It shall not be in order to take from the table a motion
to reconsider, nor shall the vote whereby any motion to reconsider was laid on
the table be reconsidered.
3.312
INDEFINITE POSTPONEMENT
To postpone indefinitely further consideration of any bill, resolution, joint
resolution, alternative measure, or other matter shall require the vote of a
majority of the Senators elected and serving, and the vote on such a motion shall
not be reconsidered.
3.313
MOTION FOR CALL OF THE SENATE
A Call of the Senate
during session shall be ordered by a majority of the Senators voting whether a
quorum or not, but the total vote in favor of a Call of the Senate shall not be
less than one-fifth of the Senators elected and serving. After a Call of the
Senate is ordered, the doors shall be closed and the Senators shall not be
permitted to leave the Senate floor without permission of the Senate. The
attendance roll call of the Senate shall be taken by the Secretary of the
Senate and the absentees noted. The Sergeant at Arms, or persons duly empowered
by a majority of the Senators voting, may be dispatched and may arrest any or
all of the Senators absent without leave. While a Call of the Senate is in
effect, only staff permitted by the Senate Majority Leader are allowed on the
Senate floor; provided, however, the chief of staff, legal counsel, and
legislative director for the Senate Majority Leader and the Senate Minority
Leader and one staff person for each of the Majority and Minority Floor Leaders
may remain on the Senate floor while a Call of the Senate is in effect.
AMENDMENTS
3.401
TWO READINGS BEFORE AMENDMENT
No bill, joint resolution, or alternative measure shall be amended until it
has been read twice.
3.402
AMENDMENTS ON THIRD READING
a) The vote of a
majority of the Senators elected and serving shall be required to adopt any
amendment on Third Reading.
b) If a series of
amendments is offered to a bill, joint resolution, or alternative measure and
it becomes obvious the amendments are being used as a basis of obstruction, a
motion may be made that the amendments be declared obstructive and the motion
shall not be debatable. If the motion prevails, the amendments shall be read en
bloc and a single vote shall be taken immediately on all of the amendments, and
no division of the question shall be allowed.
3.403
PRINTING OF AMENDMENTS IN THE JOURNAL
a) No bill, joint
resolution, or alternative measure that has been reported with amendment or
amendments by any committee shall be considered in Committee of the Whole until
the amendment or amendments have been printed in the Journal. No bill, joint
resolution, or alternative measure amended in Committee of the Whole shall be
considered on the order of Third Reading of Bills until all amendments made in
Committee of the Whole have been printed in the Journal.
b) All amendments shall
be submitted in writing and with six copies and all substitutes shall be
submitted with six copies.
VOTING PROCEDURE
3.501
ACTIONS REQUIRING AN EXTRAORDINARY MAJORITY
Action by the Senate on the following matters shall require a vote of
two-thirds of the Senators elected and serving except as otherwise noted:
a) Amendment or Repeal of Initiated Law, three-fourths of the Senators
elected and serving (Const. Art. 2, Sec. 9)
b) Expulsion of Member (Const. Art. 4, Sec. 16)
c) Immediate Effect (Const. Art. 4, Sec. 27)
d) Local or Special Act (Const. Art. 4, Sec. 29)
e) Private or Local Purpose Appropriation (Const. Art. 4, Sec. 30)
f) Overriding Veto (Const. Art. 4, Sec. 33)
g) Bank and Trust Company Law (Const. Art. 4, Sec. 43)
h) Courts of Limited Jurisdiction (Const. Art. 6, Sec. 1)
i) Removal of Judge (Const. Art. 6, Sec. 25)
j) State Borrowing (Const. Art. 9, Sec. 15)
k) State Land Reserve Designation (Const. Art. 10, Sec. 5)
l) Rejection or Reduction of Civil Service Pay Increases (Const. Art. 11,
Sec. 5)
m) Amendments to Michigan Constitution (Const. Art. 12, Sec. 1)
n) Mackinac Bridge Bonds Refunding (Const. Schedule, Sec. 14)
o) Amendments to increase the February 1, 1994 statutory limits on the
maximum amount of ad valorem property taxes that may be levied for school
district operating purposes, three-fourths of the Senators elected and serving
(Const. Art. 9, Sec. 3)
3.502
MAJORITY VOTE ON QUESTIONS SHORT OF THE FINAL QUESTION
When a bill, joint resolution, or alternative measure requires, pursuant to
the Constitution, the concurrence of more than a majority of the Senators
elected and serving, the concurrence of such majority shall not be requisite to
decide any question for amendment or relating to the merits, being short of the
final question, except on the question of the adoption of a conference report,
concurring in House amendments, or receding from Senate amendments to any such
bill, joint resolution, or alternative measure returned from the House to the
Senate for final action.
3.503
FINAL PASSAGE BY REQUIRED VOTE
a) The vote on the final passage of any bill or the adoption of any joint
resolution or alternative measure, including a joint resolution ratifying a
proposed amendment to the federal Constitution, shall be taken by a record roll
call vote, which shall be printed in the Journal (see Const. Art. 4, Sec. 26).
b) When any bill, joint resolution, or alternative measure receives the
constitutionally required assent, that fact shall be certified on the bill,
joint resolution, or alternative measure by the Secretary of the Senate.
c) When a bill is given immediate effect by a two-thirds vote of the
Senators elected and serving, that action remains in effect as the bill
proceeds through the legislative process, unless the vote for immediate effect
is reconsidered and defeated.
3.504
DEMAND FOR RECORDED VOTE
The record of the votes and names of the Senators voting on any question
shall be printed in the Journal at the request of one-fifth of the Senators
present (see Const. Art. 4, Sec. 18), except during the Committee of the Whole.
3.505
VOTING
a) After a question is presented
to the Senate by the presiding officer, and after the time for debate, no
motion shall be in order and no Senator shall be entitled to speak until the
vote is finished and the result declared.
b) The electronic voting
system shall be used, if operational, to determine the question before the body
when the vote is taken by roll call or by division and shall display the votes
of each Senator. At the direction of the presiding officer, the Secretary of
the Senate shall immediately activate the electronic voting system for one
minute for a roll call vote, after which the vote shall be closed and no
further votes shall be entered in the record. If all Senators present have
voted before one minute has elapsed, the presiding officer may ask Senators if
there is objection to closing the vote. If no Senator objects, the presiding
officer shall instruct the Secretary of the Senate to close the board
immediately and record the vote.
c) The presiding officer
may close a division vote at his or her discretion when it appears that all
members present have had a reasonable opportunity to vote.
d) If the electronic
voting system is not operational, the presiding officer shall direct the
Secretary of the Senate to conduct a roll call or a division vote orally and to
announce the results and record the roll call.
e) A Senator shall not
vote for another Senator. A person who is not a Senator shall not vote for any
Senator. In addition to penalties prescribed by law, any Senator may be
punished as the Senate may determine for voting for another Senator. If a
person who is not a Senator votes or attempts to vote, he or she, in addition
to penalties prescribed by law, shall be barred from the Senate floor for the
remainder of the day’s session and may receive further punishment in the
discretion of the Senate Majority Leader.
3.506
A SENATOR'S RIGHT TO DISSENT
a) A Senator may dissent
from or protest against any act, proceeding, or resolution that he or she
believes is injurious to any person or the public, and have the reason for his
or her dissent printed in the Journal (see Const. Art. 4, Sec. 18).
b) A Senator may dissent
orally by making a statement of protest, unless the previous question is in
effect, which shall not be limited in length, or by moving that a statement
made personally during session on any order of business (other than during the
Committee of the Whole) be his or her protest. A Senator may also dissent by
concurring with another Senator's protest or statement previously moved to be
printed in the Journal during that day's session. Dissent statements not made
during the debate preceding or immediately following the vote from which a
Senator is dissenting shall be made under the order of Statements.
c) A Senator may submit
a dissent in writing to be printed in the Journal if:
1) He or she gives oral
notice during session of an intent to file a written protest,
2) On that day or prior
to the end of session on the next Senate legislative day, a signed copy of the
written protest is placed on each Senator's desk and filed with the Secretary
of the Senate, and
3) No objections are
raised and sustained by the end of session on the first Senate legislative day
following the day oral notice was given.
d) The Secretary of the
Senate may refuse to print statements containing insulting and contemptuous
matter under the guise of a protest and material that would violate copyright
law.
e) No statement of any
Senator shall be printed in the Journal unless moved by that Senator.
3.507
ANNOUNCEMENTS AND STATEMENTS
a) Announcements may be
made during any order of business. Announcements are remarks concerning the
session schedule, committee meetings, introduction of guests, congratulations,
condolences or illness, requests to co-sponsor bills, resolutions, and
alternative measures, requests to be removed as a sponsor or co-sponsor of
bills, resolutions, and alternative measures, past vote intentions, or
intentions of introducing legislation or resolutions. Announcements also
include memorial remarks concerning the passing of individuals and may be made
during any order of business except General Orders.
b) Statements on topics,
issues, and items not properly before the Senate shall be made during the order
of business of Statements. Dissent statements may be made under the order of
business of Statements.
c) A Senator is limited
to one statement each day under the order of business of Statements, except for
dissent statements, which are unlimited in number.
d) Each statement shall
be limited to five minutes, except an oral dissent statement made on the order
of Statements shall not be limited in length.
e) With the leave of the
Senate, the President of the Senate may request that a statement made by the
President be printed in the Journal.
APPROPRIATION BILLS
3.601
GENERAL APPROPRIATION BILLS
The general
appropriation bills for the succeeding fiscal year covering items set forth in
the budget shall be passed or defeated in the Senate before the Senate passes
any appropriation bill for items not in the budget, except bills supplementing
appropriations for the current fiscal year's operation (see Const. Art. 4, Sec.
31).
3.602
BILLS REQUIRING APPROPRIATIONS
Any bill containing an
appropriation to carry out its purpose shall be considered an appropriation
bill (see Const. Art. 4, Sec. 31). Appropriation bills, when reported back to
the Senate favorably by a committee other than the Committee on Appropriations,
shall, together with amendments proposed by that committee, be referred to the
Committee on Appropriations for consideration.
3.603
ESTIMATED REVENUE
One of the general
appropriation bills as passed by the Senate shall contain an itemized statement
of estimated revenue by a major source in each operating fund for the ensuing
fiscal year, the total of which shall not be less than the total of all
appropriations made from each fund in the general appropriation bills as
passed.
COMMITTEE OF THE WHOLE
3.701
FAVORABLE REPORTS
All bills, joint
resolutions, and alternative measures reported back to the Senate favorably
shall be referred to the Committee of the Whole with amendments, if any,
proposed by the committee, which amendments shall be considered first by the
Committee of the Whole. Any bill, joint resolution, or alternative measure may,
after having been reported favorably to the Senate by a committee, be referred
to a second committee. If the second committee reports the bill, joint
resolution, or alternative measure back to the Senate, the report shall include
amendments, if any, that were recommended by the first committee. The reported
bill, joint resolution, or alternative measure, and any amendments, shall be
referred to the Committee of the Whole.
3.702
BUSINESS IN ORDER
When the Senate resolves
itself into the Committee of the Whole, General Orders shall be the only matter
of business that shall be in order until the Committee rises.
3.703
BILLS, JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES CONSTITUTING GENERAL ORDERS
a) Bills, joint resolutions, and alternative measures referred to the
Committee of the Whole shall constitute General Orders and shall be considered
in the Committee of the Whole on a day subsequent to such referral in the order
of their reference, unless the Senate or the Committee of the Whole otherwise
determines.
b) No bill, joint resolution, or alternative measure shall bypass
consideration by the Committee of the Whole.
3.704
CHAIRPERSON OF THE COMMITTEE OF THE WHOLE
The presiding officer
shall, when the Senate resolves itself into the Committee of the Whole,
designate a Senator as chairperson of the Committee, unless otherwise ordered
by the Senate. Senators shall be designated alphabetically, except as otherwise
ordered by the Senate Majority Leader. The Majority and Minority Floor Leaders
shall submit to the Secretary of the Senate names of designees for members of
their respective caucuses when they are unable to serve as chairperson of the
Committee.
3.705
RULES IN THE COMMITTEE OF THE WHOLE
a) The rules of the
Senate shall be observed in the Committee of the Whole so far as may be
applicable, except limiting debate, ordering the previous question, suspension
of rules, or taking the yeas and nays. However, no speech shall exceed five
minutes. A motion that the Committee rise shall always be in order and decided
without debate. Motions in the Committee of the Whole recommending action by
the Senate shall take precedence in the same order as identical motions made during
a session of the Senate. Motions to recess or reconsider are in order in the
Committee of the Whole.
b) No statement made
during the Committee of the Whole shall be printed in the Journal.
c) In the event the
Senate is in session in the Committee of the Whole at 11:55 p.m., it shall be
the duty of the chairperson to declare the Committee of the Whole to have
risen. The Committee of the Whole shall automatically rise and the presiding
officer of the Senate shall resume the chair.
3.706
BILLS ORDERED TO THIRD READING
The Secretary of the
Senate shall place on the order of Third Reading of Bills all bills, joint
resolutions, and alternative measures recommended for passage or adoption by
the Committee of the Whole. Items on the order of Third Reading of Bills shall
be taken up in the same order as they were advanced to the order of Third
Reading of Bills unless otherwise ordered by the Senate.
PARLIAMENTARY PROCEDURE
3.801
AUTHORITY AND PRECEDENCE OF SENATE RULES
a) The principal sources of legal authority for
the Senate are, in the order of precedence, as follows:
1) Constitutional Rules
2) Fundamental Legal Principles
3) Statutory Rules
4) Adopted Rules
5) Adopted Parliamentary
Authority
6) Parliamentary Law
7) Customs and Usages
8) Judicial Decisions
Judicial decisions have
the lowest precedence of the sources cited except to the extent they are
interpretations of rules from one of the other sources. In those instances,
they take the same precedence as the source that is interpreted.
b) Rules from the source
with the higher precedence prevails when there are conflicts between rules from
different sources.
3.802
MANUAL OF LEGISLATIVE PROCEDURE
The rules of parliamentary practice in the most recent edition of Mason's
"Manual of Legislative Procedure" shall govern all cases except when
they are inconsistent with the Standing Rules and precedents of the Senate.
3.803
RULES OF A NEWLY CONVENED SENATE
The Senate rules that
are in effect when the Senate adjourns sine die in an even numbered year shall
be the temporary rules of the Senate when it convenes at twelve o'clock noon on
the second Wednesday in January of the following odd numbered year and shall
remain in effect until other temporary or permanent rules are adopted (see MCL
4.42).
3.804
AMENDMENT OR REPEAL OF SENATE RULES
The repeal or amendment of any rule shall be accomplished only by
resolution. All proposed amendments or repeals of Senate rules shall be
referred to the Committee on Government Operations for consideration. The
adoption of a proposed resolution for the repeal or amendment of any rule shall
require a majority of the Senators elected and serving.
3.805
SUSPENSION OF RULES
The suspension of any Senate rule or adopted parliamentary authority shall
require a majority of the Senators elected and serving.
PRIVILEGE AND CONDUCT ON FLOOR
3.901
MEMBERS OF THE MEDIA
Members of the media shall register with the Secretary of the Senate and
may have their registration reviewed at any time. The Secretary of the Senate
shall provide a list of registered members of the media to the Sergeant at
Arms. The following provisions shall govern the registration process:
1) A member of the media shall be defined as a person employed by or
working as:
a) A newspaper (as defined by U.S. postal regulations);
b) A broadcast station licensed by the Federal Communications Commission,
or a network serving one or more licensed broadcast stations;
c) A cable television system with a franchise granted by a Michigan unit of
government, or a network serving one or more franchised cable systems;
d) A wire service; or
e) An independent contractor on assignment to report state government news
for an organization described above.
2) Subject to approval of the Senate Majority Leader, the Secretary of the
Senate shall establish a written policy to allow for the daily registration
of visiting members of the media. The written policy shall allow for
registration of visiting members of the media prior to the start of session.
3) The Secretary of the Senate may, under special circumstances, register
representatives of the media not defined above if determined to be in the
public interest.
4) Technicians for broadcast or cable stations shall also be registered
when accompanying members of the media and shall be subject to the same rules.
5) The Secretary of the Senate may revoke the registration of any member of
the media for cause. Cause shall include, but not be limited to, a change in
employment status, lobbying or acting as a lobbyist agent, disrupting Senate
proceedings, or refusing to comply with Senate rules or the directives of the
presiding officer, Senate Majority Leader, or Secretary of the Senate. A decision
to revoke registration may be appealed to the Committee on Government
Operations.
6) Members of the media may talk with only a currently serving Senator or a
member of his or her staff in the front entry or the hallway behind the Senate
rostrum. Notwithstanding Senate Rule 3.902, members of the media may leave the
media's designated area and talk with only a currently serving Senator or a
member of his or her staff in the Chamber immediately following
adjournment.
7) Members of the media shall enter from the north main door or the two south
doors on either side of the rostrum and shall proceed directly to the areas
designated for the media. If a member of the media enters through the north
main door, he or she shall proceed directly to the areas designated for the
media using the east or west side aisles only. Members of the media shall not
enter the cloak room or the restrooms of the Senate Chamber.
8) Members of the media may film, videotape, or photograph the Senate
session from the media's designated area. During the first 20 minutes after the
attendance roll call, with permission from the Senate, members of the media
shall be allowed to film, videotape, or photograph from along the full length
of the east and west side aisles.
9) A member of the media, including a broadcast technician, shall be
entitled to record Senate session as long as it does not disrupt the
proceedings of the Senate. "Record" shall mean videotaping, photographing,
filming, taping, or electronically transmitting Senate proceedings or
activities on the Senate floor when the Senate is in session.
3.902 FLOOR PRIVILEGE AND CONDUCT
a) A session of the Senate shall be defined, for the purposes of this rule, as any period of time when the Senate is in session, any recess, and any 15-minute period before the Senate convenes and five minutes after it adjourns. The Senate floor is defined as the Senate Chamber and adjoining Rooms S201, S202, S204 (E. Lakin Brown Room), S204A, S207, and S212. Access to the Senate floor shall to others be restricted as outlined below during any session of the Senate, except that members of the public are permitted in Room S204 when a scheduled press conference is held there during session. Access to caucus rooms shall be determined by the majority and minority leaders respectively.
1) No person, other than the following, shall be admitted to the Senate floor:
a) Currently serving Representatives.
b) The President of the Senate.
c) The Governor and any necessary security detail.
d) Senators or Representatives in Congress.
e) Former Michigan Senators.
f) The Secretary of the Senate and related session support staff.
g) Legislative staff as authorized in guidelines issued by the Senate Majority Leader.
h) One representative of the Governor, which shall include the Attorney General or their staff and the Secretary of State or their staff.
i) On special occasions, from time to time, one family member of a Senator or the President of the Senate, as authorized by the Majority Floor Leader.
j) Registered members of the media pursuant to Senate Rule 3.901.
k) A guest who has been invited by a Senator to offer the invocation, and a family member of that guest.
l) Other guests approved from time to time by the Senate Majority Leader and Majority Floor Leader.
2) No registered lobbyist or lobbyist agent, including former Legislators, shall be allowed on the Senate floor. They shall not be allowed in the hallway behind the Senate rostrum, unless en route to or from the Lieutenant Governor's Office (S215) or the Elijah Myers Room (S208).
3) A former Legislator shall not lobby on the Senate floor, except if they are admitted under Senate Rule 3.902(a)(1)(g) or (h).
b) No person shall engage in any conduct on the Senate floor during any session of the Senate that undermines the decorum of the Senate. All persons who are admitted to the Senate floor shall observe the following guidelines:
1) No Senator shall speak until recognized by the presiding officer, unless the Senator rises to make a point of order.
2) Except as otherwise provided by Senate rule, no Senator shall speak on any matter not properly before the Senate.
3) No Senator shall speak more than twice in any one debate on the same day, without leave of the Senate, except the Senator who sponsored the matter under consideration; the Senator who sponsored the bill, resolution, joint resolution, or alternative measure if an amendment is under consideration; and the chairperson of the committee or subcommittee that reported the matter under consideration. Each speech shall not exceed five minutes, except there is no limit on the length of an oral dissent statement.
4) No Senator shall speak impertinently or submit in writing impertinent statements, attack the motives of any Senator who proposes or advocates a particular position, use indecent language or other disorderly words, or refer to another Senator by name in a disparaging way.
5) No Senator shall use a display, exhibit, or prop on the Senate floor during discussions, debate, statements, or the announcement of the introduction of a bill, resolution, joint resolution, or alternative measure.
6) No person other than a Senator, the President of the Senate, the Secretary and Assistant Secretary of the Senate, or the Sergeants at Arms shall pass through the well of the Senate Chamber, which is immediately in front of the Senate rostrum.
7) No person other than a Senator, the President of the Senate, the Secretary of the Senate, or the Sergeants at Arms shall use the center aisle of the Chamber.
8) No person shall pass between the presiding officer and a Senator who is speaking.
9) No person other than a Senator shall sit in a Senator's chair.
10) Except as otherwise permitted by the Senate Majority Leader, no staff shall be allowed on the Senate floor, except in the majority or minority lounge or the lounge at the rear of the Chamber unless the staff is requested by a Senator and then only if seated at a Senator's desk.
11) Photography or videography from the Senate floor for any political purposes is not allowed.
12) No member of the media shall be allowed on the Senate floor unless he or she is in the media's designated area, except as otherwise provided in Senate Rule 3.901.
13) No smoking shall be permitted on the Senate floor.
14) All individual electronic devices shall be turned off or on non-audible alert during Senate session.
15) Except as otherwise permitted by the Senate Majority Leader, no person may film, video, webcast, or otherwise record the Senate during session from the rostrum.
3.903 SENATE GALLERY
The public in the gallery may take photographs and video of the Senate proceedings but should do so while seated and not impede on others' access or egress in the gallery. This provision applies to any media in the gallery.
