ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY RESOLUTION, No. 129

 

STATE OF NEW JERSEY

 

 

ADOPTED FEBRUARY 10, 1997

 

 

Sponsored by Assemblyman DiGAETANO

 

 

An Assembly Resolution to amend the Rules of the General Assembly.

 

      Be It Resolved by the General Assembly of the State of New Jersey that the permanent Rules of the General Assembly be adopted as follows:

 

      1.   The heading "ORGANIZATION" is amended to read as follows:

 

1 - ORGANIZATION

 

       2. Rule 1 is amended to read as follows:

 

       [1.] 1:1.   The General Assembly shall meet and organize at noon on the second Tuesday in January of each year.

 

       3. Rule 2 is amended to read as follows:

 

       [2.] 1:2.   The General Assembly [shall be] is the judge of the elections, returns and qualifications of its [own] members.

 

       4. Rule 3 is amended to read as follows:

 

       [3.] 1:3.   Members [of the General Assembly] shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the Governments established in the United States and in this State, under the authority of the people; and that I will faithfully discharge the duties of [members] a member of the General Assembly according to the best of my ability. So help me God." A person authorized [by the Constitution or] by law shall administer the oath or affirmation [to the members-elect].

 

       5. Rule 4 is amended to read as follows:

 

       [4. There shall be elected, at] 1:4. At the first annual organization meeting, the General Assembly shall elect a Speaker, a Speaker pro tempore and a Clerk, [who] each of whom shall continue in office at the pleasure of the General Assembly. The votes of 41 or more members [of the General Assembly shall be] are required for the election of a Speaker, Speaker pro tempore and Clerk and to remove from office any person [theretofore] elected to any [such office] of those offices. Vacancies occurring in [such] those offices shall be

filled at the next [succeeding session] meeting of the General Assembly [, but in no event later than 14 days after the vacancy occurs].

 

       6. Rule 5 is amended to read as follows:

 

       [5.] 1:5. At [such] the annual organization meeting, [such other officers and employees shall be appointed, by resolution of the General Assembly, as it shall deem to be advisable and necessary, including] the General Assembly shall appoint a Sergeant-at-Arms and other officers and employees as it deems advisable and necessary.

 

       1:6. The Clerk and the Sergeant-at-Arms shall continue in office until their successors are chosen and qualified or until removed by the General Assembly.

 

       7. Rule 6 is amended to read as follows:

 

       [6.] 1:7. Every officer of the General Assembly shall, before [he enters upon his] performing any duties, take and subscribe the following oath or affirmation: "I do solemnly promise and swear (or affirm) that I will faithfully, impartially and justly perform all the duties of the office of . . . . . . . . . . . , to the best of my ability and understanding; that I will carefully preserve all records, papers, writings, or property entrusted to me for safekeeping by virtue of my office, and make such disposition of the same as may be required by law; that I will support the Constitution of the United States and the Constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the Governments established in the United States and in this State, under the authority of the people. So help me God." A person authorized by law shall administer [such] the oath or affirmation.

 

       8. Rule 7 is amended to read as follows:

 

       [7.] 1:8. Immediately after the election of a Speaker, the members shall [arrange themselves in] take the seats assigned to them by the Speaker.

 

       8A. Rule 1:9. is added as follows:

 

       1:9. (New) The General Assembly shall keep, and from time to time publish, a record of its proceedings.

 

       9. The heading "SESSIONS AND MEETINGS" is amended to read as follows:

 

2 - SESSIONS AND MEETINGS

 

       10. Rule 8 is amended to read as follows:

 

       [8.] 2:1. Every member shall [attend in his place precisely at the hour to which the General Assembly was last adjourned] promptly attend meetings of the General Assembly. No member shall be absent [himself] from the General Assembly for any period, unless excused by the Speaker. In case of [neglect he shall be subject to an admonition from the Chair] unexcused absence, the member may be admonished by the Speaker.

 

       11. Rule 9 is amended to read as follows:

 

       [9. A majority of all the members of the General Assembly] 2:2. Forty-one or more members shall constitute a quorum [to do business].

 

       12. Rule 10 is amended to read as follows:

 

       [10. In case a less number of members than a quorum shall be present any time after the General Assembly is called to order] 2:3. If at least 41 members are not present at the opening roll call of a meeting of the General Assembly, a majority of [those] the members present [shall have the authority to] may send [their] the Sergeant-at-Arms, or any other authorized person [or persons by them authorized], with a warrant [duly executed], for [any and all] absent members.

 

       13. Rule 11 is amended to read as follows:

 

       [11. Any member or members less] 2:4. Less than a quorum may meet and adjourn the General Assembly [from day to day,] when necessary. The names of [those] the members present shall be entered [on] in the Minutes.

 

       14. Rule 12 is amended to read as follows:

 

       [12. Where it is convenient that the business of the General Assembly be suspended for a short time during any meeting a recess may be taken, upon motion.] 2:5. The General Assembly may, by motion, take short recesses during any meeting.

 

       15. Rule 13 is amended to read as follows:

 

       [13.] 2:6. Each annual or special session of the General Assembly shall continue until terminated by adjournment sine die with the consent of the Senate, or until the next annual session [shall convene] convenes.

 

       16. Rule 14 is amended to read as follows:

 

       [14.] 2:7. The General Assembly [, during a session of the Legislature,] shall not [, without the consent of the Senate, adjourn for more than three days, or to any other place than that in which the two Houses shall be sitting. Unless otherwise so decided, the General Assembly shall meet in the Assembly Chambers in the State House, Trenton] adjourn for more than three days or meet in any place other than the General Assembly Chamber in the State House without the consent of the Senate.

 

       17. Rule 15 is amended to read as follows:

 

       [15.] 2:8. At each meeting of the General Assembly, officers and employees shall [appear at] sign the attendance sheet in the office of the Clerk [of the General Assembly and there sign the roll call]. Any employee who is absent more than three meetings, without being excused [therefrom] by the Speaker, shall be [automatically stricken from the list of employees] terminated as an employee.


       18. Rule 16 is amended to read as follows:

 

       [16. Pursuant to Article IV, Section I, paragraph 4 of the Constitution, a majority of all the members of the General Assembly may join in any] 2:9. If the Legislature has adjourned sine die, 41 or more members may join with 21 or more Senators in a written petition requesting the Governor to call special sessions of the Legislature [whenever the public interest shall require].

 

       19. The heading "VACANCIES IN MEMBERSHIP" is amended to read as follows:

 

3 - VACANCIES IN MEMBERSHIP

 

       20. Rule 17 is amended to read as follows:

 

       [17.] 3:1. Vacancies in the membership of the General Assembly shall be filled in accordance with the provisions of Article IV, Section IV, paragraph 1 of the Constitution and [in accordance with P.L. 1988, c. 126] the law.

 

       21. The heading "DUTIES OF THE SPEAKER" is amended to read as follows:

 

4 - DUTIES OF THE SPEAKER

 

       22. Rule 18 is amended to read as follows:

 

       [18.] 4:1. The Speaker shall [take the chair at the hour to which the General Assembly shall have adjourned] open each meeting of the General Assembly, and immediately call the members to order [, and on the appearance of a quorum, shall take up the business of the meeting in the order hereinafter provided]. When a quorum is present the Speaker may proceed with the business of the General Assembly.

 

       23. Rule 19 is amended to read as follows:

 

       [19.] 4:2.a. The Speaker shall have [a] general direction of and preserve order and decorum in the Assembly Chamber [and the] , lobby, gallery, meeting rooms and offices [thereof], together with [such] the rooms, corridors and passages in the State House and elsewhere as may be used by the General Assembly, its committees, commissions, officers, members and employees [in the conduct of official business].

 

            b.         The Speaker [shall have full] has authority to protect the safety of members, officers and employees of the General Assembly in performance of their official duties, as well as that of the general public in connection [therewith] with the conduct of the General Assembly's official business, and to preserve and protect property and records under the jurisdiction of the Legislature. In case of disturbance or disorderly conduct in the gallery or [in the] lobby [he] the Speaker may [cause the same to be cleared] clear the gallery or lobby or have the offending persons [to be] arrested and removed.

 

            c.         No cellular phone or [unauthorized] electronic communication device shall be used in the gallery without the consent of the Speaker. The Speaker may preapprove certain types of electronic communication devices used by the handicapped that are compatible with the systems in the General Assembly Chamber.

 

       24. Rule 20 is amended to read as follows:

 

      [20.The] 4:3.        During debate, the Speaker shall [preserve order and decorum and in debate shall] prevent personal reflections, and confine members to the question under discussion [; but he] . The Speaker shall not engage in [any] debate, [nor] or propose [his] an opinion on any question, without first calling on [some member to occupy the Chair] another member to preside. When two or more members arise at the same time, [he] the Speaker shall name the one entitled to the floor.

 

      25. Rule 21 is amended to read as follows:

 

      [21.] 4:4. The Speaker shall decide questions of order without debate, subject to an appeal to the General Assembly, when demanded by any member [, on which] . On appeal, unless it [be] is an appeal pursuant to Rule [57] 7:4, no member shall speak more than once, [unless by leave] except with the permission of the General Assembly. The appeal shall be decided by the same number of votes as [was requisite] required for the original motion. All appeals from incidental questions of order arising after a motion is made to terminate debate, and pending [such] that motion, shall be decided without debate as provided in Rule [102] 13:9.

 

      26. Rule 22 is amended to read as follows:

 

      [22.] 4:5.a. The Speaker shall state all questions before the General Assembly and shall [distinctly] put questions not involving a roll call vote in substantially the following form [, "As many as are] : "All of those in favor of (the question) [will vote] signify by saying aye [;" and after the affirmative is expressed, "Those of a contrary opinion will vote] --opposed, no."

 

            b.         If the Speaker is [unable to determine] uncertain of the result of a voice vote, [or a division be called for pursuant to the rules of the General Assembly,] a roll call vote shall be taken. The Speaker may authorize a roll call vote upon the request of any member. A roll call vote shall be taken upon the demand of one-fifth of the members present.

 

            c.         If the electronic voting machine is used, questions involving a roll call vote shall be put by the Speaker in substantially the following form [,] : "The machine is open. All members [will] cast their votes either for, against or abstaining from (the question)."

 

            d.         If the electronic voting machine is not used, questions involving a roll call vote shall be put in substantially the following form [,] : "The Clerk shall call the roll and each member will cast a vote for, against or abstaining from (the question) as [his] the member's name is called."

 

      27. Rule 23 is amended to read as follows:

 

      [23.]          4:6.     The Speaker shall appoint all committees in accordance with Rule [70] 10:1, unless otherwise [specially] directed by the General Assembly. [He] The Speaker may, during the inability of a committee member of any committee or a subcommittee member of the Appropriations Committee to serve, appoint another member [of the General Assembly] to serve during [such] that period.

 

      28. Rule 24 is amended to read as follows:

 

      [24.]          4:7.     The Speaker shall prepare a Calendar of Bills and Resolutions for consideration [which Calendar shall be] subject to the provisions of Rule [110] 15:5. [He] The Speaker may include as part of [such] the Calendar of Bills and Resolutions a [Consent List of Bills and Resolutions defined as Bills and Resolutions] consent list consisting of bills and resolutions which the Majority and Minority Leaders have jointly identified as not requiring debate [; but no Bill or Resolution shall appear on the Consent List without the concurrence of the Majority and Minority Leaders].


      29. Rule 25 is amended to read as follows:

 

      [25.]          4:8.     The Speaker shall sign certificates as to the passage by the General Assembly of all [acts] bills and joint resolutions; and all concurrent resolutions when [so] directed by the General Assembly. All writs, warrants and subpoenas issued by the order of the General Assembly shall be [under his hand and seal,] signed by the Speaker and attested by the Clerk.

 

      30. Rule 26 is amended to read as follows:

 

      [26.]          4:9.     If the Speaker [shall desire] desires to temporarily [to] vacate the Chair during any meeting, [he] the Speaker shall request the Speaker pro tempore or, in the absence of the Speaker pro tempore, name another member to [perform the duties of the Chair] preside. While [so acting] presiding the Speaker pro tempore or [such] other member shall [have and] exercise the powers and assume the duties of the Speaker.

 

      31. Rule 27 is amended to read as follows:

 

      [27.]          4:10.   If the Speaker [shall be] is absent for any reason the Speaker pro tempore shall assume the duties of the [Chair] Speaker and shall [have and] exercise the powers [and duties] of the Speaker [during his absence; in] . In the absence of the Speaker and Speaker pro tempore, the General Assembly shall [proceed to] elect a temporary Speaker to act during their absence. The temporary Speaker [, so elected,] shall [possess all the powers and discharge all the] exercise the powers and assume the duties of the Speaker [, when the latter is absent] until the return of the Speaker or Speaker pro tempore.

 

      32. Rule 28 is amended to read as follows:

 

      [28.]          4:11.   The Speaker may allow [on the floor of the General Assembly,] representatives of the press in an area designated by the Speaker, and [such] other persons whose official business may require their presence [there, but he] on the floor of the General Assembly. The Speaker shall not permit any registered legislative agent to be present on the floor of the Assembly Chamber while the General Assembly is conducting official business.

 

      33. Rule 29 is amended to read as follows:


      [29.] 4:12.            The Speaker shall present all petitions, memorials and other papers addressed to the General Assembly.

 

      34. Rule 30 is amended to read as follows:

 

      [30. Upon the completion of the annual organization of the General Assembly, the] 4:13. The Speaker shall [cause notice to be given to] notify the members [, the news media and] and the Office of Legislative Services, for distribution to the public , of the dates and times when the General Assembly is scheduled to meet during that legislative year. Changes in schedule shall likewise be noticed.

 

      35. The heading "DUTIES OF THE CLERK" is amended to read as follows:

 

5 - DUTIES OF THE CLERK

 

      36. Rules 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43 and 44 are amended as follows and Rule 37 is deleted as follows:

 

      [31.]          5:1.     The Clerk [shall be] is the chief administrative officer of the General Assembly, [and] subject to the supervision of the Speaker. The Clerk shall:

 

      [32.           The Clerk shall,] a. at least [ten] 10 days prior to the second Tuesday in January of each year, notify the members or the members-elect [of the General Assembly] , as the case may be, of the [place where and the time when the General Assembly shall meet and organize.] organization meeting at noon on that second Tuesday, in the General Assembly Chamber;

 

      [33. The Clerk shall,] b. at the commencement of the annual session, call the General Assembly to order, proceed to call the roll of members, and, pending the election of a Speaker or Speaker pro tempore, preserve order and decorum, and decide all questions of order subject to appeal by any member [.] ;

 

      [34. The Clerk shall] c. keep a [calendar] Calendar of all bills [, joint resolutions] and [concurrent] resolutions [which are to be printed.] and record in the Calendar every action taken on each bill and resolution, commencing with introduction;

 

      [35. The Clerk shall, at each meeting of the General Assembly,] d. read the number, title and Committee reference of each bill and resolution delivered to [him] the Clerk by the Speaker, and shall also read all petitions and communications addressed to the General Assembly [.] ;

 

      [36. The Clerk shall] e. record the votes on all motions, bills and resolutions [and] , inform the Speaker of the final vote, including abstentions, if any, and [shall] maintain a copy of each amendment [on which a vote is taken] that is voted on the floor of the [House.] General Assembly;

 

      [37. The Clerk shall deliver to the Office of Legislative Services for reprinting bills, joint resolutions, and concurrent resolutions amended by the General Assembly.

 

      38. After bills and joint resolutions have passed their second reading, the Clerk shall] f. maintain [them] all bills and resolutions, together with all amendments [thereto.] to those bills and resolutions;

 

      [39. The Clerk shall] g. supervise the Sergeant-at-Arms and [such] other officers and employees as designated by the Speaker [.] ;

 

      [40. The Clerk shall] h. keep on file [in his office the roll call] the attendance sheet of all the employees of the General Assembly [.] ;

 

      [41. The Clerk shall] i. attest all writs, warrants and subpoenas issued by the order of the General Assembly [.] ;

 

      [42. The Clerk shall] j. sign and send all messages [required to be sent] from the General Assembly to the Senate [.] ;

 

      [43. The Clerk shall] k. distribute copies of all proposed amendments, veto messages and [such] other material as the Speaker [shall direct] directs to the members and to the executive directors of the majority and minority [staff.] staffs;

 

      [The Clerk shall also] l. distribute a copy of the Minutes of the General Assembly for each annual session to the executive directors of the majority and minority [staff] staffs as expeditiously as practicable after [the session.] printing;

 

      [44. The Clerk shall] m. keep an accurate record of [the] members' attendance [of the members] at meetings of the General Assembly. The members' attendance [of members] shall be determined by the quorum call [which is a roll call vote] at the beginning of each meeting. A member who arrives [at a meeting] after the quorum call may be listed [in the record of attendance for the meeting] as present with the approval of the Speaker obtained before the meeting is adjourned [.] ;

 

            n.         affix the jurat and official seal to all bills and resolutions that have passed; and

 

            o.         keep a record of the proceedings of each meeting, including the action taken on bills, resolutions and motions, all business transacted, other activities and personal appearances. The Clerk is responsible for the care, custody and accuracy of the record which shall constitute the official and permanent "Minutes of the General Assembly." The Minutes shall be available to the public.

 

      37. Rule 45 is amended to read as follows:

 

      [45.] 5:2. The Speaker shall direct another officer or employee to perform the duties of the Clerk in the absence of the Clerk.

 

      38. Rule 46 is deleted as follows:

 

      [46. The Clerk shall affix the jurat and official seal to all bills, joint resolutions and concurrent resolutions that have been passed.]

 

      39. The heading "DUTIES OF THE SERGEANT-AT-ARMS" is amended to read as follows:

 

6 - DUTIES OF THE SERGEANT-AT-ARMS

AND OTHER OFFICERS AND EMPLOYEES

 

      40. Rules 47, 48 and 49 are combined into one rule and are amended as follows:

 

      [47.] 6:1. The Sergeant-at-Arms shall [attend] :

 

            a.         serve the General Assembly during its [sittings] meetings and [such] public hearings of Assembly committees as the Speaker [shall direct] directs;

 

            b.         maintain order and execute the commands of the General Assembly and all processes issued by its authority [thereof, under] at the direction of the Speaker or chair of a committee ;

 

            c.         enforce the Rules relating to the privileges of the Chamber as the Speaker directs;

 

            d.         clear the floor before each meeting of all persons except those privileged to remain, and keep the floor clear until after adjournment; and

 

            e.         pending the election of a Speaker or a temporary Speaker, [under] at the direction of the Clerk, execute the commands of the General Assembly and all processes issued by its authority [thereof].

 

      [48. The Sergeant-at-Arms shall, as directed by the Speaker, enforce the Rules relating to the privileges of the Chamber.

 

      49. The Sergeant-at-Arms shall, 15 minutes before the hour of the meeting of the General Assembly, see that the floor is cleared of all persons except those privileged to remain, and kept so until after adjournment.]

 

      41. Rule 50 is amended to read as follows:

 

      [50.] 6:2. The Speaker shall direct other officers and employees to aid the Sergeant-at-Arms [in the performance of his duties] and, in the absence of the Sergeant-at-Arms, to perform the duties of the Sergeant-at-Arms.

 

      42. The heading "DUTIES OF OTHER OFFICERS AND EMPLOYEES" is deleted as follows:

 

[DUTIES OF OTHER OFFICERS AND EMPLOYEES]

 

      43. Rule 51 is amended to read as follows:

 

      [51.] 6:3. Other officers and employees shall perform [such] duties as [shall be] requested by the Speaker or Clerk.

 

      44. Rules 52 and 53 are deleted as follows:

 

      [52. The Clerk shall record in the Calendar every action taken on each bill, joint resolution and concurrent resolution, commencing with the introduction thereof, and shall be responsible for the care and custody of the Calendar and the accuracy of the record therein contained.

 

      53. The Clerk shall keep a record of the entire proceedings at each session, including the action taken on bills, resolutions and motions, all business transacted and other pertinent activities, and personal appearances; he shall be responsible for the care, custody and accuracy of the record. Such record shall constitute the official and permanent "Minutes of the General Assembly." Such Minutes shall be available to the public.]

 

      45. The heading "DECORUM AND DEBATE" is amended to read as follows:

 

7 - DECORUM AND DEBATE

 

      46. Rule 54 is amended to read as follows:

 

      [54.] 7:1. No person [shall be] is allowed on the floor of the General Assembly Chamber on the day of a [business session] meeting except as follows:

 

            a.         Members [of the General Assembly.] ;

 

            b.         [Members of the State Senate.] Senators;

 

            c.         One aide to a member [of the General Assembly] if the member is , or is acting on behalf of, the prime sponsor of a bill or resolution under consideration [or a member acting on behalf of the prime sponsor] during the period of that consideration [. The aide

shall be approved prior to the session by] and subject to the prior approval of the Speaker [.] ;

 

            d.         Representatives of the Executive Branch of [the] State Government who have been invited by a member [if the member] who is , or is acting on behalf of, the prime sponsor of a bill or resolution under consideration [or a member acting on behalf of the prime sponsor] during the period of that consideration. The representative shall sit with and advise the member during [the discussion of specific legislation, provided the member has obtained] that consideration, subject to the prior approval of the Speaker [.] ;

 

            e.         Permanent employees of the General Assembly [upon the] subject to the prior approval of the Speaker [.] ;

 

            f.         Properly accredited representatives of the press [upon the] subject to the prior approval of the Speaker [.

 

      Persons allowed on the floor pursuant to paragraphs c. through f. shall bear proper, visible identification.] ; and

 

            g.         [Such other persons] Others to whom the privileges of the floor are extended by the Speaker or by resolution of the members.

 

      [The taking of still or motion pictures during sessions and the recording of proceedings of the General Assembly may be taken or made only by advance arrangements therefor approved by the Speaker.]

 

            Those allowed on the floor under paragraphs c. through f. shall display visible identification identifying themselves personally as well as the official capacity in which they are on the floor.

 

            No one may take still or motion pictures of meetings or electronically record meetings without the prior approval of the Speaker.

 

      47. Rule 55 is amended to read as follows:

 

      [55. No person other than a member of the General Assembly shall be permitted to] 7:2. Generally, only members may address the General Assembly [except by invitation of the Speaker, but no such person addressing] . Individuals invited by the Speaker to address the General Assembly shall not speak in favor of, or in opposition to, [any matter] matters before the General Assembly [or shall] , express [any] political [opinion] opinions or engage in [any] personalities.

 

      48. Rule 56 is amended to read as follows:

 

      [56.] 7:3. When a member is about to speak in debate, or communicate any matter to the General Assembly, [he] the member shall , unless inhibited by health or physical impairment, rise [from his seat] and respectfully address [himself to] the Speaker [, confining himself] . Remarks shall be confined to the question under debate, [and] avoiding [personality] personalities . No member shall speak in debate or address the General Assembly until properly recognized by the Speaker.

 

      49. Rule 57 is amended to read as follows:

 

      [57.] 7:4. If any member [in debate shall transgress] violates the Rules of the General Assembly, the Speaker shall, or any member may, call [him] the member to order [, in which case the] . The member [so] called to order shall immediately sit down, unless permitted to explain. The General Assembly shall, if appealed to, decide [on] the [case, but] question without debate, and the votes of a majority of those present and voting, not counting abstentions, shall prevail [; if there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, he shall not be permitted to proceed without leave of the General Assembly, and if the case require it, he shall be liable to censure of the General Assembly].

 

      50. Rule 58 is amended to read as follows:

 

      [58.] 7:5. If a member [be] is called to order for words spoken in debate, the [person calling him to order] member taking exception shall repeat the words excepted to, and they shall be taken down in writing at the Clerk's table [; and no member] . No member shall be held to answer, or be subject to the censure of the General Assembly, for words spoken in debate, if any other member has spoken, or other business has intervened after the words spoken, and before exception to them [shall have] has been taken.

 

      51. Rule 59 is amended to read as follows:

 

      [59.] 7:6. The General Assembly may punish its members for disorderly conduct, or any other conduct which it deems contrary to the integrity and general welfare of the House.

 

      Prior to [the imposition of any penalty] any punishment, the General Assembly shall , by resolution , establish a six-member [,] special committee, three from the majority party and three from the minority party, [who shall be] appointed by the Speaker. The committee shall serve written charges [upon] on the member, and [afford him] provide an opportunity for the member to be heard, [including the opportunity] to present witnesses, testimony and other evidence [on his own behalf] , to cross-examine witnesses, and to be represented by counsel. The record of the committee's proceedings shall be transcribed, and shall be made available to any member upon request. The committee shall, as soon as possible, report its findings to the General Assembly. The General Assembly may expel, sanction or censure a member with the concurrence of [two-thirds of all its] at least 54 members.

 

      52. Rule 60 is amended to read as follow:

 

      [60.] 7:7.a. No member shall speak on any bill, resolution or main motion more than three times, or longer than fifteen minutes the first and second time or longer than five minutes the third time without [leave] the permission of the General Assembly.

 

            b.         No member shall speak on any procedural [motion] or incidental motion [incidental thereto] more than once or longer than five minutes without [leave] the permission of the General Assembly.

 

            c.         The Speaker shall decide whether a motion is a main motion [or a] , procedural motion or [one] incidental [thereto and appeals therefrom] motion. Appeals shall be decided without debate by a majority of those present and voting, not counting abstentions.

 

      53. Rule 61 is amended to read as follows:

 

      [61.] 7:8. While the Speaker is putting any question, or addressing the General Assembly, no one shall walk out of or across the Chamber [; nor in such case, or when] . When a member is speaking, [shall anyone entertain private discourse; nor shall anyone, while a member is speaking, pass between him and the Chair] no one shall walk between the member and the Speaker or engage in conversation.

 

      54. Rules 7:9 and 7:10 are added as follows:

 

      7:9. (New) Members must be in the Chamber to answer the quorum call and vote on any question.

 

      7:10. (New) No person shall smoke or carry a lighted cigar, cigarette or tobacco in any form, in the Chamber or in any committee room while the General Assembly is meeting, or the committee is meeting. Any person violating this rule shall be removed from the Chamber or committee room by the Speaker or the committee chair.

 

      55. The following heading is added:

 

(New) 8 - GENERAL ASSEMBLY UNDER CALL

 

      56. Rule 62 is amended to read as follows:

 

      [62.] 8:1. When a motion [shall be] is made and seconded for a call of the General Assembly, every member present in the Chamber [when the vote on such motion shall be taken,] shall vote on the motion [; and upon failure of] . If any member fails to vote, the Speaker shall record [such] the member as having voted in favor of the motion. [When the motion has been carried, all members whose vote on the motion has been recorded shall be considered as being] If the motion carries, all members in the Chamber are under call until the call of the General Assembly [has been] is lifted by a motion [to that effect made and carried].

 

      8:2. With regard to all bills, resolutions, motions and other business transacted during the period that the General Assembly [shall remain on] is under call, the Speaker [shall have] has the right to record in the negative the vote of any member under call who [shall fail] fails to vote.

 

      8:3. A motion to adjourn [shall] is not [be] in order until the call of the General Assembly [shall have been] is lifted.

 

      57. Rule 63 is amended to read as follows:

 

      [63.] 8:4. A motion to place the General Assembly under call [of the General Assembly shall] is not [be] in order [after] while a motion to terminate debate [has been moved] is pending.

 

      58. Rules 64, 65 and 66 are deleted as follows:

 

      [64. No member shall vote on any question in any case where he is not within the Assembly Chamber when the vote is taken.

 

      65. All incidental questions of order arising after a motion is made to terminate debate, and pending such motion, shall be decided whether on appeal or otherwise, without debate.

 

      66. No person shall smoke or carry a lighted cigar, cigarette or tobacco in any form, in the Assembly Chamber or in any committee meeting room while the General Assembly is in session, or the committee is meeting. Any person violating this rule shall be removed from the chamber or meeting room by the Speaker or the committee chair.]

 

      59. The heading "ORDER OF BUSINESS" is amended to read as follows:


9 - ORDER OF BUSINESS

 

      60. Rule 67 is deleted as follows:

 

      [67. The General Assembly shall keep a record of its proceedings, and from time to time publish the same.]

 

      61. Rule 68 is amended to read as follows:

 

      [68. After the Speaker has assumed the Chair the] 9:1. The order of business , unless the Speaker determines otherwise, shall be as follows:

 

            a.         Prayer.

 

            b.         Salute to the flag of the United States of America.

 

            c.         [Calling of the Roll] Quorum call.

 

            d.         [Reading of the minutes, if called for by any member by motion which is carried.] The reading of the minutes of the last meeting of the General Assembly is waived unless a motion to read the minutes is moved and passed immediately following the quorum call. The minutes may be corrected [immediately after such reading, or at any meeting thereafter] by direction of the Speaker or on motion [adopted therefor].

 

            e.         Recognition by the Speaker, during a period not to exceed 45 minutes, of the presence of [any] individuals or groups visiting the General Assembly.

 

            f.         Presentation and [disposal] consideration of petitions, memorials and communications, at the discretion of the Speaker.

 

            g.         Bills and [joint] resolutions on third or final reading.

 

            h.         Introduction of bills.

 

            i.         Reports of standing and other committees.

 

            j.         Bills and [joint] resolutions on second reading.

 

            k.         Unfinished business.


            l.         Other business.

 

      62. Rule 69 is amended to read as follows:

 

      [69.] 9:2. The Calendar kept by the Clerk of all bills [, joint resolutions] and [concurrent] resolutions [to be printed] shall be the official record of the status of each bill and resolution.

 

      63. The heading "STANDING COMMITTEES" is amended to read as follows:

 

10 - [STANDING] COMMITTEES

 

      64. Rule 70 is amended to read as follows:

 

      [70.] 10:1. The following Standing Reference, Administrative and Joint Committees , and Standing Reference Subcommittees of the Appropriations Committee, shall be appointed [,] by the Speaker [in accordance with the provisions of Rule 23,] at the commencement of each annual session [, and shall serve for the entire legislative year, unless otherwise ordered:] . The number of members on each committee is indicated by the number following the name of the committee.

 

GENERAL ASSEMBLY STANDING

REFERENCE COMMITTEES

 

      1.   Agriculture and Waste Management Committee -7

 

      2.   Appropriations Committee -13

 

            a.         Subcommittee on the Economy -3

 

            b.         Subcommittee on Government Operations -3

 

            c.         Subcommittee on State Aid -3

 

            d.         Subcommittee on Ways and Means -3

 

      3.   Commerce and Military and Veterans’ Affairs Committee -7

 

      4.   Community Services Committee -7

 

      5.   Consumer Affairs and Regulated Professions Committee -7


      6.   Education Committee -7

 

      7.   Environment, Science and Technology Committee -7

 

      8.   Financial Institutions Committee -7

 

      9.   Health Committee -7

 

      10. Housing Committee -7

 

      11. Insurance Committee -7

 

      12. Judiciary Committee -7

 

      13. Labor Committee -7

 

      14. Law and Public Safety Committee -7

 

      15. Local Government Committee -7

 

      16. Policy and Regulatory Oversight Committee -9

 

      17. Senior Issues, Tourism and Gaming Committee -7

 

      18. State Government Committee -7

 

      19. Transportation and Communications Committee -7

 

GENERAL ASSEMBLY STANDING

ADMINISTRATIVE COMMITTEES

 

  1.      Intergovernmental Relations Committee -5

 

GENERAL ASSEMBLY JOINT COMMITTEES

 

  1.      Ethical Standards Committee -4

 

  2.      State Library Committee -4

 

      [The Appropriations Committee shall consist of 13 members and each of its subcommittees shall consist of three members; the Policy and Regulatory Oversight Committee shall consist of nine members; all other Standing Reference Committees shall consist of seven members; the Intergovernmental Relations Committee shall consist of five members; and the membership of the General Assembly on the Ethical Standards and State Library Committees shall consist of four members.

 

      The standing] 10:2. Standing administrative committees shall meet [from time to time but not less than] at least once in each annual session.

 

      [The Speaker shall appoint a chair and a vice-chair for each standing reference and administrative committee and a chair for each standing reference subcommittee of the Appropriations Committee. In the absence of the chair, the vice-chair shall preside at any meeting of the committee duly convened by the chair. In case of the disability of a chair, the vice-chair shall, with the approval of the Speaker, assume all the responsibilities of the chair. The chair, vice-chair, and all other members of each committee shall serve at the pleasure of the Speaker, but no committee member shall be removed from his committee assignment except for good cause.]

 

      10:3. With regard to all committees listed in Rule 10:1, except for joint committees:

 

            a.         the Speaker shall appoint a chair and vice-chair, both of whom shall serve at the pleasure of the Speaker;

 

            b.         in the absence of the chair, the vice-chair shall preside;

 

            c.         if the chair is disabled, the Speaker may direct that the vice-chair assume all duties of the chair during the disability; and

 

            d.         committee members may be removed by the Speaker for good cause.

 

      10:4. The Speaker and the majority and minority leaders [shall be] are ex-officio members, without vote, on all standing reference committees.

 

      65. Rule 71 is amended to read as follows:

 

      [71.] 10:5.            Each standing reference committee, within its subject area, is authorized to:

 

            a.         [review any] consider and report bills [or] and resolutions referred to it [and report to the General Assembly for its consideration any such bills or] . Bills and resolutions may be reported to the General Assembly with or without amendments, or by committee substitute;

 

            b.         [review and study, on a continuous basis, the application, administration and execution of State laws and programs, and the organization, operations, and rules and regulations of agencies and entities of the executive and judicial branches of State government, including state and interstate authorities, and of political subdivisions including regional authorities, which have responsibilities for the application, administration and execution of State laws and programs, to ascertain whether the laws and programs are effective, implemented in accordance with the intent of the Legislature, or require modification or elimination. To this end, the committee may conduct such investigations or studies, meet with such public officials or private citizens, inspect such books, papers, documents, records or other data, visit such facilities, hold such hearings, issue such reports, or make such recommendations on legislative or administrative actions, as the committee may deem appropriate or as the Speaker or the General Assembly may direct;] determine whether laws and programs are effective and implemented in accordance with the intent of the Legislature by -

 

                        (1)    conducting investigations and studies of public entities responsible for the application, administration and execution of the laws and programs;

 

                        (2)    meeting with public officials and citizens responsible for or involved with the application, administration and execution of the laws and programs;

 

                        (3)    reviewing books, papers, documents, records and other data pertaining to the application, administration and execution of laws and programs;

 

                        (4)    holding public hearings;

 

                        (5)    issuing reports; and

 

                        (6)    making recommendations to the General Assembly as the committee deems appropriate; and

 

                  c.   perform [such] other duties as [may be necessary in the exercise of its responsibilities as] the Speaker or the General Assembly may direct.


       66. Rule 72 is amended to read as follows:

 

       [72.] 10:6. Each committee may adopt rules for its [own] operation and [the] conduct of [its] business, including rules governing the operation and conduct of any subcommittee [thereof], provided [such] the rules are [not inconsistent] consistent with these rules.

 

       67. Rule 73 is amended to read as follows:

 

       [73.] 10:7.       The chair of [a standing reference] each committee [may] , with the consent of the Speaker, may establish [,] and appoint the members of [, such] subcommittees [of the committee] as [he] the chair may desire, for [such] the purposes [as he may specify] which the chair specifies . Members of a subcommittee [shall] serve at the pleasure of the chair. A subcommittee may be dissolved by the chair at any time [by the chair].

 

       The provisions of this rule do not apply to the subcommittees of the Appropriations Committee established in Rule [70] 10:1.

 

       68. Rule 74 is amended to read as follows:

 

       [74.] 10:8.       Each [standing reference] committee shall meet at [such] the time and place [as its chair shall designate; provided, however, that no] designated by its chair. No meeting shall be scheduled by the chair [in conflict with the schedule established by the Speaker for a day when] that conflicts with a meeting of the General Assembly [is in session].

 

       10:9. The chair shall [cause to be communicated to] advise the majority [staff] office and the Office of Legislative Services [such information as may be necessary for the Office to give five days notice to the public and the members of the General Assembly of the time, place,] of the date, time, location and agenda for each committee meeting. [Upon] The Office of Legislative Services shall prepare the official notice of each committee meeting and distribute that notice to the members and the public at least five days prior to the meeting, unless, by special order of the Speaker, the five day notice [may be] is waived. No more than seven bills or resolutions may be considered at a committee meeting, other than an Appropriations Committee meeting, on a day when the General Assembly is in session except [upon] by special order of the Speaker. No more than 12 bills or resolutions may be considered by the Appropriations Committee at a meeting on a day when the General Assembly is [in session] meeting except [upon] by special order of the Speaker.

 

       10:10. All meetings at which official committee action is to be taken shall be open to the [general] public. A committee may, upon the affirmative vote of a majority of its authorized membership at an open meeting, convene in closed or executive session for the purpose of discussing any matter before the committee, or for meeting with or taking testimony from any person [; provided, however, that] . However, full discussion and consideration of [any] bills [or] and resolutions [and all motions and action thereon] shall be made in public [session].

 

       69. Rule 75 is amended to read as follows:

 

       [75.] 10:11. Except [upon] by special order of the Speaker, no bill or resolution shall be considered or reconsidered at a committee meeting unless [the public and the membership of the General Assembly shall have] notice has been given [five days notice of the time, place, and agenda for such meeting] as required by Rule 10:9 and the bill or resolution [shall have] has been listed on the agenda for [such] the meeting.

 

       10:12. A committee may [take action] , on [a] motion [to] , report a bill or resolution without amendment, with amendment, or by committee substitute [; on a] . On motion [to] , a committee may also table a bill or resolution [; or on a motion to] or adopt an amendment to a bill or resolution. No motion to amend a bill or resolution or report a substitute bill or resolution shall be considered unless the amendment or substitute bill or resolution is available to the committee members in [written form] writing prior to the motion.

 

       [No such motion to amend or substitute a bill or resolution or to report a bill or resolution with or without amendment or by committee substitute shall be adopted except upon] 10:13. Motions with regard to bills and resolutions may only be adopted by the affirmative vote of a majority of the authorized membership of the committee by separate roll call during a properly noticed meeting.

 

       70. Rule 76 is amended to read as follows:

 

       [76.] 10:14. a. A committee may report a substitute bill or resolution in place of one or more bills or resolutions referred to it [, provided that the] . The substitute bill or resolution shall encompass substantially the same subject matter as the original bills or resolutions [for which it is a substitute] . A substitute bill or resolution reported by a committee may immediately be [forthwith] moved on second reading [and the reading of the title thereof may be taken therefor].

 

            b.   Each prime sponsor and co-sponsor of [any such] an original bill or resolution may, [upon] by request made before [such] a committee substitute is reported, be listed as a sponsor or co-sponsor of [such] the substitute bill or resolution. The chair of the committee shall determine the order in which the names of [such] the prime sponsors or co-sponsors [shall be] are listed.

 

            [Unless the chair determines as provided above or otherwise specifically determines, the] c. The order of prime sponsors and co-sponsors shall be [in] the order as they appear on the bills or resolutions in the order of the bills or resolutions as [they may be] reported by the committee [on the substitute] , unless the chair determines a different order.

 

       71. Rule 77 is amended to read as follows:

 

       [77.] 10:15. The chair of each [standing reference] committee shall [cause to be filed] file a summary report with the Clerk, not later than the [session] next meeting of the General Assembly [next following the committee meeting, a summary report of such meeting indicating] . The summary report shall include:

 

                  (1) the date of the meeting;

 

                  (2) the presence or absence of each [of the members] member; and

 

                  (3) the vote of each member present on [motions with respect to bills and resolutions considered] every motion considered by the committee.

 

       72. Rule 78 is amended to read as follows:

 

   [78.] 10:16. Upon [the adoption of] approving a motion to report a bill or resolution, [the members of the committee voting for or against or abstaining from such motion shall affix their signatures to a report form which] a record indicating the vote of each member shall immediately be prepared by the chair and signed by each member of the committee. The record shall then be attached to the bill or resolution [for delivery] and delivered to the Clerk.

 

       73. Rule 79 is amended to read as follows:

 

       [79.] 10:17. a. A committee shall provide a written statement for each bill and resolution which it reports. One copy shall be filed with the Clerk with the committee's report of the bill or resolution, and one copy shall be delivered to the Office of Legislative Services [for printing].

 

                  b.   A committee statement shall commence with a digest of the provisions of the bill or resolution as reported by the committee, and shall also contain an explanation of the nature of any amendments adopted by the committee, a statement of the motion by which the bill or resolution was reported, and a summary of the provisions of any law to be repealed. The statement may also contain any supporting or background information which the committee members who voted to report the bill or resolution may wish to provide.

 

                  c.   Each committee member who voted against or abstained from the motion to report the bill or resolution may offer a minority statement, which [statement or] statements shall be included within the committee statement under a separate designation.

 

       74. Rule 80 is amended to read as follows:

 

       [80.] 10:18. a. Any bill [which would] to appropriate State funds or which involves an actual or potential appropriation or expenditure of $100,000 or more of State or other public funds, shall, upon being reported by the committee and prior to [being given] second reading, be referred to the Appropriations Committee, or an [appropriate] Appropriations Committee subcommittee [thereof], for further fiscal study, evaluation and report.

 

            b.   [Any bill which would raise revenue and require origination] Revenue raising bills required to originate in the General Assembly under the Constitution may not be reported by the Appropriations Committee prior to 14 calendar days after referral to the committee except [upon] by special order of the Speaker.

 

       75. Rule 81 is amended to read as follows:

 

       [81.] 10:19.        Any bill [may, upon being reported by a committee and prior to being] or resolution reported by committee but not yet given second reading, may be referred by the Speaker to the Policy and Rules Committee for further study, evaluation and report.

 

       76. Rule 82 is amended to read as follows:

 

       [82.] 10:20. If a bill [, joint resolution or concurrent] or resolution is reported by a committee and referred to another committee, the Speaker may establish a date certain for the [consideration and] reporting of the bill [, joint resolution or concurrent] or resolution by the latter committee. If the bill or resolution is not reported on or before the date certain, the Speaker may order the Clerk to give the bill or resolution second reading [notwithstanding the failure of the committee to report the measure] which shall also have the effect of relieving the committee of the bill or resolution.

 

       77. Rule 83 is amended to read as follows:

 

       [83.] 10:21. Whenever a [standing reference or other] committee is directed by resolution of the General Assembly or by order of the Speaker to undertake [any] an investigation or study, the [chairman] chair shall request the Office of Legislative Services to provide [for such] research and other services [and prepare such reports as the committee determines] that will facilitate [its consideration of the matter under] the investigation or study.

 

       78. Rule 84 is amended to read as follows:

 

       [84. No bill or resolution which has been] 10:22. Bills and resolutions reported by any committee in violation of these rules shall not be considered for third reading or final action [, as the case may be] .

 

       79. Rule 85 is amended to read as follows:

 

       [85.] 10:23.        a.   Any motion [or resolution which will result in relieving] to relieve a reference committee of a bill or resolution [referred to it] shall only be made by the prime sponsor of the bill or resolution or in the case of a Senate bill or resolution, a member acting on behalf of the prime sponsor of the bill or resolution [and] . The motion to relieve shall not be [entertained] in order unless twenty-four hours' notice [shall be] is given the General Assembly of the introduction of [such] the motion [or resolution] and the reference committee has met at least three times since the bill or resolution [has been] was referred to [that] the committee.

 

            b.   When [such a] the motion [or resolution] is [entertained] moved, debate shall be limited to whether or not the reference committee has given the bill or resolution [in question] fair and reasonable consideration. The prime sponsor, in the case of an Assembly bill or resolution, or a member acting on behalf of the prime sponsor of a Senate bill or resolution, shall be entitled to speak first on the motion [or resolution]. The chair of the reference committee [or another committee member designated by the chair or the committee if the chair is absent] , or designee, shall be entitled to speak next in response.

 

            c.   A motion to lay the motion to relieve a reference committee of a bill or resolution on the table shall not be in order until [such] the parties , as set forth in subsection b, have been [afforded] given the opportunity to [so] comment or respond [, as the case may be].

 

            d.   [Such] The motion [or resolution] to relieve a reference committee of a bill or resolution shall not prevail unless it [shall receive an affirmative vote of the majority of all the members of the General Assembly] receives at least 41 affirmative votes.

 

            e.   No [such] motion [or resolution which will result in relieving] to relieve a reference committee of a bill or resolution [referred to it] may be offered on more than two occasions for any [such] bill or resolution during [any] an annual session.

 

       80. Rule 86 is amended to read as follows:

 

       [86.] 10:24. The General Assembly may, with the consent of the Senate, if [the same is] required, appoint any commission, committee or other body whose main purpose is to aid or assist [it] the General Assembly in performing its functions. Members [of the General Assembly] shall be appointed by the Speaker to serve on [any such body] these bodies.

 

       81. The heading "COMMITTEE OF THE WHOLE GENERAL ASSEMBLY" is amended to read as follows:

 

11 - COMMITTEE OF THE WHOLE GENERAL ASSEMBLY

 

       82. Rule 87 is amended to read as follows:


       [87.] 11:1. In forming a Committee of the Whole General Assembly, the Speaker [shall leave his chair, and] shall appoint a chair to preside in [committee] the Committee of the Whole.

 

       83. Rule 88 is amended to read as follows:

 

       [88. The rules of proceeding in the General Assembly] 11:2. These rules shall be observed, as far as practicable, in Committee of the Whole, except that [any] no member shall [not] speak a second time until every member choosing to speak [shall have] has spoken; nor shall a motion to terminate debate be made [therein].

 

       84. Rule 89 is amended to read as follows:

 

       [89.] 11:3.    All amendments made in Committee of the Whole shall be noted by the Clerk, but need not be read by the Speaker on [his] resuming the chair [, unless required by the General Assembly]

 

       85. The heading "CALL OF THE ROLL" is amended to read as follows:

 

12 - CALL OF THE ROLL

 

       86. Rule 90 is amended to read as follows:

 

       [90.    Any vote or roll call] 12:1. Roll call votes and quorum calls [may] shall be recorded [by the use of the electrical] on the electronic voting system [when so] unless otherwise ordered by the Speaker.

 

       87. Rule 91 is amended to read as follows:

 

       [91. The yeas, nays and abstentions shall be entered on the Minutes of the General Assembly, upon the demand of one-fifth of the members present, and in taking the yeas, nays and abstentions the names of the members, including the Speaker, shall be called alphabetically or be recorded by the use of the electrical voting system, if so ordered by the Speaker, but if] 12:2. All roll call votes and quorum calls shall be entered in the Minutes. If any member present in the Chamber [shall] does not [indicate his] vote [in the affirmative, negative or as an abstention upon the voting machine or audibly,] when [so] required by the Speaker, [his] the member's vote shall be recorded as an abstention unless otherwise specified in these rules.

 

       88. Rule 92 is amended to read as follows:

 

      [92.     After the taking of the yeas, nays and abstentions on any question] 12:3.   After a roll call vote has commenced, no motion [shall be received] is in order until [a decision shall have been] the results are announced by the [Chair] Speaker.

 

      12:4.   No member may change [his or her] a vote after the [decision shall have been] results are announced by the [Chair] Speaker, except to correct a vote recorded in error.

 

      89. Rule 93 is amended to read as follows:

 

      [93. After the calling of the roll has been commenced upon any question, no member shall be permitted to explain his vote.] 12:5. Members may not explain their votes after a roll call vote has commenced.

 

      90. Rule 94 is deleted as follows:

 

      [94. On the question of the final passage of all bills and joint resolutions, the yeas, nays and abstentions shall be entered on the Minutes of the General Assembly.]

 

      91. The heading "MOTIONS" is amended to read as follows:

 

13 - MOTIONS

 

      92. Rule 95 is amended to read as follows:

 

      [95.] 13:1. Every motion shall be [reduced to] put in writing, if [the Speaker or] requested by any member [desire it].

 

      93. Rule 96 is amended to read as follows:

 

      [96.] 13:2. When a motion is made and seconded, it shall be stated by the Speaker, or [being] if the motion is in writing, it shall be [delivered to the Chair and] read aloud by the Clerk. [It shall then be deemed to be] The motion is then in the possession of the General Assembly and open to debate as [may be] permitted by these Rules [; but it] . The motion may be withdrawn by the moving member at any time before [a decision or amendment] the motion is amended or the result of a vote on the motion is announced.


      94. Rule 97 is amended to read as follows:

 

      [97. When any motion shall be made and seconded, the same] 13:3. All motions and actions on motions shall be entered [on] in the Minutes [of the General Assembly].

 

      95. Rule 98 is amended to read as follows:

 

      [98.] 13:4. When a question is under debate no motion shall be [received but] made, except --

 

                  a.   To adjourn.

 

                  b.   [A] For a call of the General Assembly.

 

                  c.   To lay on the table.

 

                  d.   To terminate debate.

 

                  e.   To postpone indefinitely.

 

                  f.   To postpone to a day certain.

 

                  g.   To go into a Committee of the Whole on the pending subject immediately.

 

                  h.   To commit to a Committee of the Whole.

 

                  i.   To commit to a Standing Committee.

 

                  j.   To return a bill [, joint resolution, concurrent resolution] or resolution to second reading for purposes of amendment.

 

                  k.   To amend [;] .

 

[which several] These motions [shall] have precedence in the order in which they are listed [above, and no motion] . Motions to postpone to a day certain, to commit to a committee, or to postpone indefinitely [, being decided, shall be again allowed] may be made and decided only once on the same day [,] and at the same stage of [the bill or proposition] consideration. At the request of any member, the vote on any [such motion] of the above listed motions shall be by roll call.

 

      96. Rule 99 is amended to read as follows:

 

      [99.] 13:5. A motion to adjourn [shall be] is always in order, except:

 

                  a.   when the General Assembly is voting[, or when the General Assembly is];

 

                  b.   when under call[, or while];

 

                  c.   when a member is [addressing the General Assembly,] speaking; or

 

                  d.   immediately after a question to adjourn has been lost [; the motion to adjourn, the motion for a call of the General Assembly, the motion to terminate debate and the motion to lay on the table, shall be decided without debate].

 

      13:6.   The following motions are decided without debate:

 

                  a.   to adjourn;

 

                  b.   for a call of the General Assembly;

 

                  c.   to terminate debate; and

 

                  d.   to lay on the table.

 

      97. Rule 100 is amended to read as follows:

 

      [100.] 13:7.a. Any member may call for a division of the question, which shall be divided if it [comprehends] includes questions so distinct that one, [being] taken away from the rest, [may stand entire for the decision of the General Assembly; a] is capable of being decided by itself.

 

                  b.   A motion to strike out and insert [shall be deemed] is indivisible[; but a motion to strike out being lost, shall preclude neither amendment nor a motion to strike out and insert]. The rejection of a motion to strike out and insert one amendment shall not prevent a motion to strike out and insert a different amendment, or a motion simply to strike out or to simply insert. Nor shall the rejection of a motion simply to strike out or simply to insert prevent a subsequent motion to strike out and insert.

 

      98. Rule 101 is amended to read as follows:

 

      [101.] 13:8. When a blank is to be filled, the question shall first be taken on the largest sum, [or] greatest number, [and] or remotest day.

 

      99. Rule 102 is amended to read as follows:

 

      [102.] 13:9. a. A motion to terminate debate [shall be] is in order at any time after debate on the question has continued for two hours and both the majority and minority parties, if they desire to be heard, have been permitted to speak on the question for at least one hour each.

 

                  b. [A motion to terminate debate shall be put in this form: "Shall the debate now be terminated?" It shall be terminated only when demanded by three-fourths of all the members, and its effect shall be, if decided affirmatively, to put an end to all debate, and bring the General Assembly to a direct vote upon amendments reported by a committee, if any, then upon pending amendments, and then upon the main question; if decided in the negative, to leave the main question and amendments, if any, under debate for the residue of the sitting, unless sooner disposed of by taking the question, or in some other manner.] At least 60 affirmative votes are required to terminate debate.

 

                  c.   A motion to terminate debate, if approved, shall end all debate on the question before the General Assembly at the time the motion is made, and bring the question to a vote.

 

                  d.   All incidental questions of order arising [after] while a motion [is made] to terminate debate [, and] is pending [such motion,] shall be decided [, whether on appeal or otherwise,] without debate.

 

      100.     Rule 103 is amended to read as follows:

 

      [103.] 13:10. A majority of [those] members voting [, not including abstentions,] on all motions, not including those abstaining, unless otherwise specified in these [rules] Rules, shall be sufficient to adopt or reject [such] the motions.

 

      101.     Rule 104 is amended to read as follows:


      [104.] 13:11. When a motion has been [once made and carried in the affirmative or negative] carried or lost, or [any] a bill or resolution has been passed or lost , it shall be in order for any member who voted with the prevailing side to move for [the] reconsideration [thereof, on the same day or on a subsequent day of actual meeting of the General Assembly thereafter, provided, however, that all motions may be reconsidered, by a majority of the members present; but bills, to be reconsidered, must have the same majority that would be necessary to pass them; and such vote, on motion to reconsider, shall be by taking the yeas, nays and abstentions]. A motion to reconsider a motion requires the affirmative vote of a majority of the members present. A motion to reconsider a bill or resolution requires the same number of affirmative votes as required for passage of the bill or resolution.

 

      13:12. Whenever a bill submitted by petition of the governing body of a county or municipality which pursuant to Article IV, Section VII, paragraph 10 of the Constitution requires the [vote] votes of [2/3 of all the] at least 54 members [of the General Assembly] for [its] passage [shall receive the] receives at least 41 votes [of a majority] but less than [2/3 of all the members, the same] 54 votes, it shall not be delivered to the Senate as a passed bill [and a further] . Another vote on the bill may be [had] taken at any time [, on motion therefor,] without adoption of a motion for reconsideration.

 

      102. Rule 105 is amended to read as follows:

 

      [105.] 13:13. If, on two occasions, a bill or resolution has been held or otherwise withdrawn from consideration on third reading after a roll call vote has [been] commenced [thereon on two occasions, such] , the bill or resolution shall not be considered again on third reading [except upon the adoption of] unless a motion to authorize [such] the consideration [by a vote of a majority of all the] is approved by at least 41 members [of the General Assembly]. The Clerk shall maintain a record of these bills [so withdrawn from consideration] and resolutions.

 

      103. The heading "QUESTIONS OF PRIVILEGE" is amended to read as follows:

 

14 - QUESTIONS OF PRIVILEGE

 

      104. Rule 106 is amended to read as follows:


      [106.] 14:1. Questions of privilege [shall be] are those affecting the:

 

                  [First. Those affecting the] a. rights , safety and dignity of the General Assembly [collectively], [its safety, dignity] and the integrity of its proceedings [.] ; and

 

                  [Second. The] b. rights, reputation and conduct of individual members [, individually,] in their representative capacity only.

 

      105. Rule 107 is amended to read as follows:

 

      [107.] 14:2.    Questions of privilege [shall] have precedence [of] over all other questions, except motions to adjourn, but shall not be raised during debate on a question unrelated to [that on which the member desires to speak on] the privilege.

 

      106. The heading "BILLS AND RESOLUTIONS" is amended to read is as follows:

 

15 - BILLS AND RESOLUTIONS

 

      107. Rule 108 is amended to read as follows:

 

      [108.] 15:1. a. Each bill [, joint resolution, concurrent resolution] and resolution shall be proposed for introduction in the General Assembly by presenting it to the Clerk in triplicate [,] with each copy [or signature copy thereof endorsed with the signature of the member or members sponsoring the same] signed by the sponsors. The copies shall be marked as the House copy, the Office of Legislative Services' copy and the Public copy.

 

                  b.   The Clerk shall number all bills and resolutions as they are presented and make a list of them. Bills and resolutions [to be printed offered] proposed for introduction in the second annual session of [the same] a Legislature may be numbered in a manner to distinguish them from those introduced in the first annual session.

 

                  c.   After numbering and listing each bill and resolution, the Clerk shall deliver the copies to the Office of Legislative Services for examination as to form.

 

                  d.   After [such] examination [and when it shall be indicated on the bill or resolution that it has been released] as to form, the Office of Legislative Services shall return the House copy of [said] the bill or resolution to the Clerk, retain the Office of Legislative Services' copy [for the files of the Office] and deliver [one] the Public copy to the Office of Public Information [in the Office of Legislative Services].

 

                  e.   [Thereupon the Speaker shall, unless he shall have theretofore referred the same, endorse upon the House copy the Committee, if any, to which it is to be referred and deliver it to the Clerk.] The Clerk shall present the House copy to the Speaker for committee reference, if any, which shall be endorsed on the bill or resolution, which will then be returned to the Clerk.

 

                  f.   The reading by the Clerk of the number, title and committee reference , if any, of each bill and resolution [delivered to the Clerk by the Speaker shall be taken as the] shall constitute introduction and first reading of the bill or resolution.

 

                  g.   All bills [and] , joint resolutions and concurrent resolutions proposing [an amendment or amendments] to amend the Constitution shall, after [their] first reading, be referred to [their] appropriate committees, unless the Speaker [shall otherwise order and shall, unless they have been previously printed, be printed for the use of the members. Other concurrent resolutions and resolutions shall take the same course as to printing unless otherwise ordered by the Speaker or the House] directs otherwise.

 

                  [h.    During the second annual session of the Legislature, no bill, joint resolution, concurrent resolution or resolution introduced after September lst shall be printed except by order of the Speaker or special order of the General Assembly.]

 

      108. Rule 108A is amended to read as follows:

 

      [108A.] 15:2.a. Except [upon] by special order of the Speaker, no member [of the General Assembly shall have pending before the Legislature a total number] shall be the first prime sponsor of more than 50 bills, joint resolutions or concurrent resolutions [in any biennial session. In calculating the total number, no bill, joint resolution or concurrent resolution shall be included of which the member is a second co-prime sponsor, or which the member has introduced and withdrawn, or upon which the Governor has acted or in the case of a concurrent resolution, has been passed by both houses of the Legislature] pending before the Legislature at any time.

 

                  b.   The following are not included in the calculation of bills and resolutions pending before the Legislature:

 

                     (1) bills and resolutions of which the member is a second prime sponsor;

 

                     (2) withdrawn bills and resolutions;

 

                     (3) bills and resolutions which have passed both Houses; and

 

                     (4) Assembly resolutions.

 

      109. Rule 108B is amended to read as follows:

 

      [108B.] 15:3. No member or member-elect [of the General Assembly] may pre-file as first prime sponsor a total number of more than 40 bills, joint resolutions or concurrent resolutions [for introduction in the General Assembly].

 

      110. Rule 109 is amended to read as follows:

 

      [109. Upon the approval of the first member whose signature is endorsed on a bill, joint resolution, concurrent resolution or resolution, the second signatory thereof shall be considered a second prime sponsor of the measure. Such approval shall be transmitted to the Clerk, in writing, prior to first reading of the bill or resolution. Thereafter but prior to the day that a measure is given third reading, a second prime sponsor may be added to a measure by motion in writing joined by the prime sponsor of the measure.] 15:4.a. The first member to sign a bill or resolution is the first prime sponsor. With the consent of the first prime sponsor, the second member to sign a bill or resolution shall be the second prime sponsor.

 

                  b.   After first reading, a second prime sponsor may be added to a bill or resolution by written motion of the proposed second prime sponsor, joined by the first prime sponsor.

 

                  c.   The first and second prime sponsor of a bill or resolution acting jointly may exercise all rights of a prime sponsor [under these rules; however, in] . In the absence of an accord the rights of the first prime sponsor shall prevail.


      111. Rule 110 is amended to read as follows:

 

      [110.] 15:5. Any bill [, joint resolution, concurrent resolution] or resolution may, [upon] by the vote of [a majority of all the] at least 41 members [of the General Assembly], be made the order of [a particular] the day, on which day it shall be [taken up, whether or not it is upon the Calendar for said day,] considered in preference to any others whether or not it is on the Calendar for that day.

 

      112. Rule 111 is amended to read as follows:

 

      [111.] 15:6. The [introducer] sponsor of a bill [, joint resolution or concurrent] or resolution shall [annex thereto] attach a brief statement, [prepared by the introducer,] summarizing the contents of the bill or resolution and the localities or persons it will affect [, which] . The statement shall [contain no more than four hundred and fifty] be no longer than 450 words and shall be printed at the end of the bill or resolution under the caption "Statement . " [.]

 

      113. Rule 112 is amended to read as follows:

 

      [112.] 15:7. Bills [,] and resolutions [and proposed changes in a Standing Rule (or Order) of the General Assembly] shall be [presented] in typewritten [, printed or other similar] form in triplicate. All amendments to bills [,] and resolutions [or Standing Rules] shall be [presented in two copies] in typewritten form in duplicate. Copies of all bills, [joint resolutions, concurrent resolutions and resolutions, except concurrent resolutions and resolutions otherwise ordered by the Speaker, amendments thereto and reprints thereof, and proposed changes in any Standing Rule (or Order) shall be printed for the use of the members of the General Assembly and Senate and for public distribution in such quantities as determined and authorized by the Speaker of the General Assembly] resolutions and statements shall be available to members, Senators and the public in the Bill Room.

 

      114. Rule 113 is amended to read as follows:

 

      [113.] 15:8.     When a bill is proposed for introduction which is in the form of an amendment to an existing statute, new matter shall be underlined and matter appearing in the statute to be amended, which is to be omitted in the bill, shall be included in its proper place in bold-faced brackets.


                  [All bills which shall have been amended shall be reprinted in similar manner and form, the amendment being indicated as provided by paragraph i of Rule 134.]

 

      115. Rule 114 is amended to read as follows:

 

      [114.] 15:9.a. Bills and [joint resolutions and concurrent resolutions proposing an amendment to the Constitution] resolutions requiring three readings which have passed [their] second reading, together with all amendments [thereto] , shall be maintained by the Clerk in proper form for third reading.

 

                  b.   One copy of each amendment to a [Senate or Assembly] bill or resolution adopted by the Assembly shall be delivered by the Clerk to the Office of Legislative Services for examination immediately after its adoption.

 

      116. Rule 115 is amended to read as follows:

 

      [115.] 15:10. Every bill and joint resolution, and every concurrent resolution proposing [an amendment or amendments] to amend the Constitution, shall be read three times in the General Assembly before final passage [but no] . No bill or joint resolution shall have a first and second reading on the same day without special order of the Speaker. A concurrent resolution, other than one proposing [an amendment or amendments] to amend the Constitution [, shall be before the General Assembly and] may be acted upon at any time after its introduction, unless it [shall have] has been referred to committee. Any concurrent resolution, other than one proposing [an amendment or amendments] to amend the Constitution, which has been referred to committee, [shall be before the General Assembly and] may be acted upon at any time after [the same shall have] it has been reported by [a] committee.

 

      117. Rule 116 is amended to read as follows:

 

      [116.] 15:11.a. No bill or joint resolution shall be considered on third reading in the General Assembly until after the intervention of one full calendar day following [the day of the] second reading [but if the General Assembly shall resolve by vote of three-fourths of all of its members, signified by yeas, nays and abstentions entered on the Minutes,] . However, if on motion, at least 60 members agree that a bill or joint resolution is an emergency measure it may proceed [forthwith] immediately from second to third reading.

 

                  b.   No bill [, joint resolution or concurrent] or resolution shall be considered on third reading or for final action [, as the case may be, in the General Assembly] unless [notice of the calendaring thereof shall have been] it is listed on the Calendar distributed to the [membership of the General Assembly] members by the Speaker at least six days prior to the day [the bill or resolution is] scheduled for [such] consideration [; the] . The Speaker may issue a supplemental list of bills [, joint resolutions or concurrent] and resolutions to be considered on third reading or for final action [, as the case may be,] if notice [of the calendaring thereof has been] is given to the [General Assembly] members at least three days prior to the day [the bills or resolutions are] scheduled for [such] consideration [; provided, however, that any bill, joint resolution or concurrent resolution may be considered on third reading or for final action, notwithstanding that the notice required herein has not been distributed to the membership, upon the adoption of a motion therefor. Any bills] . Bills and resolutions not on the Calendar may be considered on third reading or for final action by adopting a motion for that purpose. Bills and resolutions calendared for one [session] meeting of the General Assembly but not voted on, must be recalendared before consideration at [any] a subsequent [session] meeting.

 

                  [c.    At any given meeting, the total number of bills, joint resolutions and concurrent resolutions which may be considered for final passage shall not exceed those which have been noticed pursuant to subsection b. above.

 

                  d.] c. No bill or resolution shall be considered on third reading or for final action as an emergency measure or by waiver of the six or three days' notice unless a copy of the bill or resolution is placed [upon] on each member's desk prior to consideration [or final action].

 

      118. Rule 117 is deleted as follows:

 

      [117. Except upon special order of the Speaker, no floor amendment of a bill or resolution on second reading and no motion to return to second reading for the purpose of amendment shall be in order unless the sponsor of the amendment, at least one hour prior to the calling of the bill or resolution at which time the amendment or motion would be considered, shall deliver a copy of the proposed amendment to the Clerk and the Majority and Minority Leaders.

 

                  No motion to adopt an amendment to a bill or resolution shall be considered unless a copy of the amendment is placed on each member's desk prior to its consideration.]

 

      119. Rule 118 is amended to read as follows:

 

      [118.] 15:12 Every bill [, joint resolution, concurrent resolution] and resolution which [shall have] has been amended in the General Assembly shall be [reprinted] designated as a reprint. Reprints shall be identified in sequential order as "First Reprint," "Second Reprint," and so on.

 

      120. Rule 119 is amended to read as follows:

 

      [119.] 15:13. All bills [, joint resolutions and concurrent] and resolutions [previous to their] , prior to final passage [by the General Assembly] , and all petitions, motions and reports, may be [committed at the pleasure of the General Assembly. The recommitment of any bill, joint resolution or concurrent resolution proposing an amendment or amendments to the Constitution, when the same has been ordered to a third reading, shall have the effect of placing the same upon the second reading. The recommitment of any other concurrent resolution shall have the effect of placing the same upon the first reading] referred to committee. Any bill or resolution that has received second reading and is then referred to committee shall be placed back on second reading. No motion to recommit any bill or resolution [after the same has been] ordered to third reading [,] shall be [made or] considered in the absence of [the member introducing such] a prime sponsor of the bill or resolution.

 

      121. Rule 120 is amended to read as follows:

 

      [120.] 15:14. No Assembly bill [, joint resolution or concurrent] or resolution [originating in the General Assembly] may be withdrawn from the files of the General Assembly except [on] by motion of the prime sponsor, [or on motion of two prime] co-prime sponsors or first co-prime sponsor acting under Rule [109] 15:4. , made and adopted prior to the [same] bill or resolution being moved on third reading [in the General Assembly].

 

      122. Rule 121 is amended to read as follows:

 

      [121. Except when advanced prior to printing by special order or emergency resolution, printed copies of bills and joint resolutions and concurrent resolutions which are given more than one reading shall be used on their second and third readings, and no] 15:15. No amendment shall be received to any bill [, joint resolution or concurrent] or resolution requiring three readings on [its] third reading.

 

      15:16. a. Except by special order of the Speaker, no motion for a floor amendment and no motion to return a bill or resolution to second reading for the purpose of amendment is in order unless the sponsor of the amendment, at least one hour prior to the motion delivers a copy of the proposed amendment to the Clerk and the Majority and Minority Leaders.

 

                  b.   No motion to approve an amendment to a bill or resolution shall be considered unless a copy of the amendment is placed on each member's desk prior to consideration.

 

                  c.   When copies of Assembly amendments have been [distributed to] placed on the desks of the members, the text of the proposed amendments does not need [not] to be read by the Clerk [except upon request of] unless requested by the sponsor or [upon order of the] ordered by the General Assembly. The sponsor of any amendment shall [append thereto] include with the amendment a statement describing its effect. [Such bill or resolution may be advanced to third reading, subject to these Rules.

 

    Upon]    15:17.  At the request of any member [of the General Assembly] , no motion to [advance] approve a bill [, joint resolution or concurrent] or resolution [to] on third reading [in advance of the availability of printed copies thereof] shall be considered until [duplicated] copies of the bill or resolution [shall have been made] are available to the members [of the General Assembly].

 

      123. Rule 122 is amended to read as follows:

 

      [122.] 15:18. The Clerk shall affix [his] the official stamp to each page of the copy [,] of a bill or resolution to be used as [an] the official copy [and intended to be submitted to the Governor for his approval of each bill or joint resolution ordered to a third reading when the same is found to be correct]. This official copy shall follow the usual course of passed bills and resolutions after approval by the General Assembly and confirmation by the Clerk that the bill or resolution is in the form approved.

 

      124. Rule 123 is amended to read as follows:

 

      [123.] 15:19. The certification of the passage by the General Assembly of every bill [and] , joint resolution and concurrent resolution [when directed] shall be signed by the Speaker and [thereafter shall be] inserted in the bill jacket. The bill jacket shall then be delivered [forthwith] by the Clerk to the Senate [, with all documents incident thereto,] with the request, in the case of every Assembly bill, joint resolution or concurrent resolution, that the Senate concur [therein]. All copies of the bill or resolution and related documents shall be included in the bill jacket. Once a document is included in the bill jacket, it shall not be removed, even when sent to the Senate, Governor or Secretary of State.

 

      125. Rule 124 is amended to read as follows:

 

      [124. When a bill, joint resolution or concurrent resolution originating in the Senate shall have been delivered to this House, with a message that the Senate has passed the same and requesting the concurrence of this House therein, and a bill, joint resolution or concurrent resolution identical therewith, originating in this House, is then pending in this House, the Senate bill or resolution may be substituted for such Assembly bill or resolution, on motion of a sponsor of such Assembly bill or resolution, upon or after the second reading of the Assembly bill or resolution and the Senate bill or resolution may then be advanced to, and have, third reading and be passed in substitution for the Assembly bill or resolution and take the usual course of passed bills or resolutions and the sponsors of the Assembly bill or resolution may, upon the motion of one of them, be added as co-sponsors of the Senate bill or resolution, with the Senator or Senators who were sponsors of the Senate bill or resolution in the Senate and the names of such co-sponsors shall be endorsed upon the jacket containing the Senate bill or resolution. No Senate bill or resolution may be substituted for an Assembly bill or resolution unless the Senate bill or resolution shall have received second reading in the General Assembly.] 15:20. a. Whenever a Senate bill or resolution is passed by the Senate, delivered to the General Assembly, and an identical General Assembly bill or resolution has received second reading, is in the possession of the General Assembly, and at least one full calendar day has intervened since either or both of the identical bills or resolutions received second reading, the Senate bill or resolution may be substituted for the General Assembly bill or resolution and immediately moved to third reading. Sponsors of the General Assembly bill or resolution may, by motion, be added as co-sponsors of the substituted bill or resolution.

 

                  b.   Two bills or resolutions shall be deemed identical [notwithstanding that they may have] despite having technical differences with respect to legal reference, text, punctuation, spelling, grammar or form, [which] so long as these differences may be corrected by [the] Legislative Counsel pursuant to Rule [133] 15:29.

 

      126. Rule 125 is amended to read as follows:

 

      [125.] 15:21. a. When an Assembly bill or joint resolution is returned, amended by the Senate, the message or report [thereof] by the Secretary of the Senate shall be read by the Clerk [, and such an amendment or] . The amendments shall not be referred to committee, except [upon] on motion, and may be concurred in at any time, [upon] on motion , with or without amendments [, but the] . The bill or joint resolution itself shall not be amended.

 

                  b.   If the motion is for the General Assembly to concur in the Senate amendments without amendment, the [question] motion shall be , "Will the General Assembly concur in the Senate [Amendments] amendments to Assembly Bill or Joint Resolution No. ..........?" The motion to concur in Senate amendments requires the affirmative vote of at least 41 members to approve the motion. Approval of the motion constitutes the final passage of the bill or resolution.

 

                  [If upon said question being put, a majority of the whole General Assembly shall, by a vote of yeas, nays and abstentions, entered upon the Minutes, concur, the bill or joint resolution with the amendments so concurred in shall be signed and certified as are other bills or joint resolutions.]

 

      c.         If the motion is to concur in the amendments by amending them, the proposed amendments to the amendment shall be read by the Clerk and the [question] motion shall be , "Will the General Assembly concur in the Senate Amendments, as amended, to Assembly Bill or Joint Resolution No. ........?" The motion to concur in Senate amendments, by amendment, requires the affirmative vote of at least 41 members to approve the motion.

 

                  [If upon said question being put, a majority of the whole General Assembly shall by a vote of yeas, nays and abstentions, entered upon the Minutes, concur, the bill or joint resolution, with the Senate amendments as amended by the General Assembly, shall be delivered by the Clerk to the Office of Legislative Services for reprinting and it shall be certified as other bills or joint resolutions and be returned forthwith to the Senate for its action thereon.]

 

      127. Rule 126 is amended to read as follows:

 

      [126.] 15:22. When a Senate bill or joint resolution has been amended by the General Assembly and the Senate [shall refuse] refuses to concur [therein], the message and report [thereof] by the Secretary of the Senate [to this House] shall be read by the Clerk and [spread upon] entered in the Minutes [and, if] . If the General Assembly desires to recede from [said] the amendment, the [question] motion shall be , "Will the General Assembly recede from the Assembly [Amendment or Amendments] amendments to Senate Bill or Joint Resolution No. .......?" If 41 or more members vote to approve the motion, that vote shall constitute the final passage of the bill or joint resolution.

 

      [If, upon such question being put, a majority of all the General Assembly shall, by a vote of yeas, nays and abstentions, agree to recede from the amendment said vote shall constitute the final passage of the bill without amendment or the amendments from which the House has receded.]

 

      128. Rule 127 is amended to read as follows:

 

      [127.] 15:23. When a bill [, joint resolution or concurrent] or resolution [proposing an amendment or amendments to the Constitution,] requiring three readings and originating in the Senate, [shall have] has been delivered to the General Assembly with a message that the Senate has passed the [same] bill or resolution and requesting the concurrence of [this House therein] the General Assembly, the reading of the message [shall be taken as] constitutes the introduction and first reading in [this House of such bill, joint resolution or concurrent resolution and it shall then be referred, unless the Speaker shall otherwise order, and shall take the same course as is taken by bills originating in this House] the General Assembly. The Speaker may then refer the bill or resolution to committee.

 

      129. Rule 128 is amended to read as follows:

 

      [128.] 15:24. When a concurrent resolution, other than one proposing [an amendment or amendments to] to amend the Constitution, is returned amended by the Senate, the reading of the message or report [thereof by] of the Secretary of the Senate shall [be taken as] constitute its first reading and, unless it [shall be] is referred to a committee, it [shall be entitled to a] may receive final reading on the same day [, without a motion for that purpose].

 

      130. Rule 129 is amended to read as follows:

 

      [129.] 15:25. One copy of every amendment to each bill [, joint resolution, concurrent resolution] or resolution amended in the General Assembly, after [its] report by [the] committee [to which it was referred, which is ordered to be reprinted], shall be delivered to the Office of Legislative Services for examination.

 

      131. Rule 130 is amended to read as follows:

 

      [130.] 15:26. No private, local or special bill shall be introduced in the General Assembly unless and until proof of publication of notice of intention to apply for its passage [, as required by R.S. 1:6-1 et seq., shall have] has been filed with the Clerk [of the General Assembly].

 

      132. Rule 131 is amended to read as follows:

 

      [131.] 15:27. When any bill [, joint resolution or concurrent] or resolution [proposing an amendment or amendments to the Constitutio n shall have] requiring three readings has passed third reading in the General Assembly,

 

                  [(a)] a. the Speaker shall certify [thereon as of] on the bill or resolution the date [when the same] it passed third reading as follows:

 

                  General Assembly ...........................19.......

 

                  This (bill, joint resolution or concurrent resolution), having been three times read in the General Assembly,

 

                     Resolved, That the same do pass.

 

                     By order of the General Assembly.

 

                     ..........................................................

                                   Speaker of the General Assembly.

 

unless the [same shall have so] bill or resolution passed amended, in which case the Speaker shall [so indicate in the resolution as so certified, and] note the amendments in the certification;

 

                  [(b)] b. the Clerk shall endorse [thereon] on the bill or resolution the date [when said] the bill or resolution was introduced in the General Assembly, [if] whether it originated in the General Assembly or Senate [and] , the date [upon which] it had each of the three readings in the General Assembly and the number of votes cast for, against and abstained from [this] passage [and also if the same originated in the General Assembly that said bill, joint resolution or concurrent resolution did so originate,] ; and

 

                  [(c)] c. the Clerk shall forward [such] the bill [, joint resolution or concurrent] or resolution to the Senate with a written message informing the Senate that the General Assembly has passed it [and, if the same originated in the General Assembly, requesting the concurrence of the Senate therein, but if the same, having originated in the Senate, has been amended in the General Assembly, the Clerk shall request a concurrence by the Senate in such amendments in the message]. If the bill or resolution originated in the General Assembly, or if it originated in the Senate and was amended in the General Assembly, the Clerk's message shall also request the concurrence of the Senate.

 

      133. Rule 132 is amended to read as follows:

 

      [132.] 15:28. All Senate and Assembly bills and resolutions pending before the General Assembly [upon the adjournment sine die] at the end of the first annual session of a Legislature shall maintain their status [and be pending before] in the second annual session of the [same] Legislature [upon its convening and organization].

 

      134. Rule 133 is amended to read as follows:

 

      [133.] 15:29. The Legislative Counsel is authorized to correct in the text of a bill or resolution, or an amendment thereto, prior to passage by the General Assembly, any error or omission in legal reference, text, punctuation, spelling, grammar and form, the correction of which will not affect the substance of the text.

 

      135. The heading "PRINTING OF BILLS, JOINT RESOLUTIONS, CONCURRENT RESOLUTIONS AND RESOLUTIONS" is amended to read as follows:


[PRINTING OF BILLS, JOINT RESOLUTIONS,

 CONCURRENT RESOLUTIONS AND RESOLUTIONS]

16 - FORM OF BILLS AND RESOLUTIONS

 

      136. Rule 134 is amended to read as follows:

 

      [134.] 16:1. In [printing legislative] drafting bills [, joint resolutions, concurrent resolutions] and resolutions:

 

                  a.   The numbers 10 and above shall be expressed in Arabic figures, except where a number begins a sentence. Words shall be used for the numbers one through nine except that Arabic figures shall be used when any of these numbers is used as a section or paragraph number of legislation, as part of a date or in a statement of dollars and cents, time of day or measurement or as part of an authorized abbreviation or citation.

 

                  b.   Material enclosed in bold-faced brackets shall be printed without change in all copies of the bills [, joint resolutions, concurrent resolutions] and resolutions [notwithstanding that by] even if a subsequent amendment [part] restores a portion of the bracketed material [so enclosed is to be included in the bill, joint resolution, concurrent resolution or resolution].

 

                  c.   [A] The following footnote shall be annexed to the first page of each bill [, joint resolution, concurrent resolution] or resolution which contains material enclosed in bold-faced brackets [to the following effect]:

 

                  "Explanation--Matter enclosed in bold-faced brackets [thus] is not enacted and is intended to be omitted."

 

                  d.   Material underlined shall be printed as underlined material.

 

                  e.   [A further] The following footnote shall be annexed to the first page of each bill [, joint resolution, concurrent resolution] or resolution which contains new underlined material [underlined to the following effect]:

 

                  "Matter underlined thus is new matter."

 

                  [f.  A Senate bill, joint resolution or concurrent resolution amended by the Assembly shall be reprinted with such amendments included therein.

 

                  g.   In printing bills, joint resolutions, concurrent resolutions and resolutions which have been amended, with the amendments included, and proposed changes in Standing Rules (or Orders),] f. Reprints of all bills and resolutions shall contain all amendments including all material intended to be omitted by the [amendment shall be printed] amendments which shall be included in its proper place enclosed in superscript numbers corresponding to the reprint number and bold-faced brackets

 

1 [thus] 1

 

and all material intended to be added by the [amendment] amendments which shall be underlined and enclosed in superscript numbers corresponding to the reprint number

 

1 thus 1

 

Where the amendment adds a new supplementary section it shall be underlined and enclosed in superscript numbers corresponding to the reprint number

 

                  14. (New section) . . . . . . . . .1

 

Where the amendment adds a new section which is an amendment to the existing law, the section, including an amendatory clause, shall be enclosed in superscript numbers corresponding to the reprint number with material to be deleted enclosed in bold-faced brackets and new material underlined.

 

If the bill [, joint resolution, concurrent resolution] or resolution is amended a second time, the superscript number 2 shall be used and additional superscript numbers shall be used in the same manner as successive amendments are adopted.

 

                  [h.    A further] g. The following footnote shall be annexed to the first page of each bill [, joint resolution, concurrent resolution] or resolution [which] that has been amended to indicate which [and when] matter has been adopted [by either House or a committee thereof to the following effect] , the House or committee adopting the matter and the date of the adoption:

 

                  "Matter enclosed in superscript numbers has been adopted as follows:

 

    1 - Assembly (name) committee amendments adopted January 28, 19 .

    2 - Assembly amendments adopted April 12, 19 .

    3 - Senate (name) committee amendments adopted May 19, 19 .

    4 - Senate amendments adopted May 23, 19 .

    5 - Assembly amendments adopted in accordance with Governor's

           recommendations October 5, 19 ."

 

                  [i.] h. The form of amendment [to be adopted by the Assembly] shall be consistent with [the above] these rules [in] when including the amendments in reprints of bills [, joint resolutions, concurrent resolutions] or resolutions.

 

                  [j.] i. Underlining shall not be used [in printing any material except the material hereinbefore designated to be printed in that manner] except as provided in these rules.

 

 

                  [k.] j. In any bill which both amends and supplements existing law, each supplementary section shall be designated "(New section)" immediately following its section number.

 

      137. Rule 135 is amended to read as follows:

 

      [135.] 16:2. If a bill [, joint resolution, concurrent resolution] or resolution has two prime sponsors [in accordance with these rules], the names of the two prime sponsors shall be indicated on the [printed] bill or resolution in a manner distinct from the co-sponsors [of the measure].

 

      138. The heading "CITATIONS, MEMORIALS" is amended to read as follows:

 

17 - CITATIONS, MEMORIALS

 

      139. Rules 136, 137, 138 are deleted as follows:

 

      [136. Blank

 

      137.     Blank

 

      138.     Blank]

 

      140. Rule 139 is amended to read as follows:

 

      [139.] 17:1. Action by a member of the General Assembly to congratulate a person or organization upon the occasion of a significant event, anniversary or accomplishment or to memorialize the death of a person shall be by [issuance of a] formal Citation or Memorial certificate except [in a case where] when the Speaker authorizes [it to be the subject] the use of an Assembly [Resolution] resolution.

 

      141. The heading "PUBLIC HEARINGS" is amended to read as follows:

 

18 - PUBLIC HEARINGS

 

      142. Rule 140 is amended to read as follows:

 

[140.] 18:1. a. The chair of a committee may, [upon] with the consent of a majority of its authorized membership, schedule a public hearing [upon] on any bill or resolution referred to the committee, or [upon] on any matter under investigation or study by the committee.

 

                  b.   The time, place and subject matter of [any] the public hearing shall be communicated by the chair to the Office of Legislative Services for public notice [thereof] at least ten days in advance of [such] the hearing.

 

                  c.   Every public hearing shall be conducted in the State House, Trenton, unless the Speaker [shall approve] approves another location.

 

            [b.] d. A hearing [duly] authorized by the committee may be conducted by any number of the members [thereof] of the committee.

 

                  e.   The chair of a committee which schedules a public hearing may invite the [members of] Senators on the Senate standing reference committee or committees having the same or similar jurisdiction to sit with the General Assembly committee and participate in [such] the public hearing. In the case of a public hearing conducted pursuant to a resolution directing the committee to undertake an investigation or study, the chair may also invite the prime sponsor of [such] the resolution to sit with the committee and participate in [such] the public hearing. [Neither the Senate committee nor the prime sponsor shall be entitled to] Only members of the committee holding the hearing may participate in any deliberations of the committee [upon] on the subject matter of the public hearing.

 

                  f.   Each witness who is to appear at a public hearing shall file with the committee , at least three days in advance of the hearing , a written statement of [his] proposed testimony. Oral presentation at [such] the hearing [shall be] is limited to a brief summary of the statement and responses to questions by the committee or its staff. The chair may, upon request, waive the requirement for advance filing of proposed testimony.

 

            [c.] g. Each committee may have the proceeding of a public hearing recorded and may have the transcript of [such hearings] the hearing printed, bound and distributed.

 

                  h.   No bill or resolution [on] which has been the subject of a recorded public hearing [has been held before the General Assembly or a committee] shall be considered on third reading or for final action [, as the case may be,] until a record of the public hearing is available to the [membership of the General Assembly] members.

 

                  [d.] i.   No public hearing shall be scheduled by any committee after September 1 of the second year of any [biennial] legislative session without the [leave] permission of the Speaker.

 

                  j.   No bill authorizing the creation of a debt of the State of New Jersey by the issuance of bonds of the State shall be calendared for third reading until a public hearing [upon] on the bill [shall have] has been held [before the General Assembly or a committee thereof].

 

                  k.   The provisions of Rules [141] 19:1 et seq. shall be applicable to public hearings on proposals to amend the Constitution.

 

                  l.   The General Assembly may, with the consent of at least 41 members, on motion, hold a public hearing on any matter properly subject to the consideration of the General Assembly.

 

            143. The heading "PROPOSALS FOR AMENDMENT OF THE CONSTITUTION ORIGINATING IN THE GENERAL ASSEMBLY" is amended to read as follows:

 

19 - PROPOSALS [FOR AMENDMENT OF] TO AMEND THE CONSTITUTION ORIGINATING IN THE GENERAL ASSEMBLY


            144. Rule 141 is amended to read as follows:

 

            [141. Any amendment or amendments] 19:1. Amendments to the Constitution shall be proposed in the General Assembly by concurrent resolution[, stating the amendment or amendments proposed and signifying the agreement of the Legislature thereto], which shall be [proposed for introduction] introduced in the same manner, and shall take the same course, as [is required in the case of] bills and joint resolutions originating in the General Assembly [and] . Concurrent resolutions proposing to amend the Constitution shall be considered in accordance with the provisions of paragraphs 1 and 2 of Article IX of the Constitution and with these Rules.

 

            145. Rule 142 is amended to read as follows:

 

            [142. If and when such] 19:2. When a concurrent resolution [shall have had a] proposing to amend the Constitution receives second reading in the General Assembly, printed copies [thereof] shall be placed [upon] on the desks of the members [of the General Assembly], in open meeting, which shall be noted [on] in the Minutes [, and similar copies shall] . Copies of the concurrent resolution shall also be forwarded by the Clerk to the Senate with the request that they be placed [upon] on the Senators’ desks [of the members of that House] in open meeting [also].

 

            146. Rule 143 is amended to read as follows:

 

            [143.] 19:3. After printed copies of [such a] the concurrent resolution [have been] are placed [upon] on the desks of the members of each House [of the Legislature], in open meeting, a public hearing [upon] on the concurrent resolution shall be held before the General Assembly or [a committee thereof] one of its committees, when and as [shall be] ordered by the General Assembly.

 

            147. Rule 144 is amended to read as follows:

 

            [144. After such public hearing and after report thereof shall have been made in writing by the committee, if such public hearing was ordered to be held by a committee, a record of the holding and date thereof shall be entered upon the Minutes by the Clerk and thereafter such concurrent resolution may be ordered by the General Assembly, to a third reading and vote upon its final passage, after at least twenty calendar days shall have elapsed from the time when printed copies thereof in the form in which it is to have third reading and be voted upon, shall have been placed on the desks of the members of each House of the Legislature.] 19:4. After the public hearing, the entity that held the hearing shall issue a written report on the hearing to the Clerk who shall enter the date and location of the hearing and the number of the concurrent resolution in the Minutes. After the hearing and at least 20 calendar days after the copies of the concurrent resolution have been placed on the members' desks, the General Assembly may give the concurrent resolution third reading and vote on final passage.

 

            148. Rule 145 is amended to read as follows:

 

            [145. Upon the first and each subsequent vote upon the third reading and final passage of any such concurrent resolution, in the General Assembly, the amendment or amendments proposed therein shall be entered on the Minutes of the General Assembly with the yeas, nays and abstentions of the members voting thereon.] 19:5. Whenever a concurrent resolution proposing to amend the Constitution is voted on at third reading, the following information shall be entered in the Minutes:

 

                  a.   the proposed amendments;

 

                  b.   the names of all members voting on the concurrent resolution; and

 

                  c.   how each member voted.

 

            149. Rule 146 is amended to read as follows:

 

       [146.] 19:6. If [such] a concurrent resolution [shall be] proposing to amend the Constitution is passed by the General Assembly, a certificate [reciting that printed copies of said concurrent resolution, in the form in which it was passed, by the General Assembly, were placed upon the desks of the members of the General Assembly in open meeting with the date thereof, that a public hearing has been held thereon before the General Assembly or a committee thereof naming the same, with the date of the holding of said public hearing, that said concurrent resolution has been read three times in the General Assembly with the dates of the readings thereof and that the same was passed by the General Assembly upon its third reading, with the number of votes for, against and abstentions from the passage thereof,] shall be signed by the Clerk and the Speaker [of the General Assembly and shall be] , annexed to the concurrent resolution, and [be] transmitted to the Senate with [,] the concurrent resolution. The certificate shall include:

 

                  a.   whether the concurrent resolution was amended after introduction;

 

                  b.   that printed copies of the concurrent resolution, in the form it was passed were placed on the members' desks, in open meeting, and the date of the placement;

 

                  c.   that a public hearing was held on the concurrent resolution, the date of the hearing, the location, and the entity that held the hearing;

 

                  d.   the concurrent resolution was read three times in the General Assembly, was passed on third reading and the dates of the readings; and

 

                  e.   the tally on the vote on final passage.

 

       150. Rule 147 is amended to read as follows:

 

       [147.] 19:7. If [such] a concurrent resolution [which shall have been] proposing to amend the Constitution passed [by] the General Assembly [shall be] and is returned from the Senate with a certificate [reciting that printed copies of said concurrent resolution, in the form in which it was passed by the Senate, were placed upon the desks of the members of the Senate, in open meeting, with the date thereof, that said concurrent resolution has been read three times in the Senate with the dates of the readings thereof and that the same was passed by the Senate upon its third reading, together with the number of votes cast for and against passage thereof,] signed by the Secretary and President of the Senate, [annexed thereto, the same] reciting:

 

                  a.   that printed copies of the concurrent resolution, in the form it passed the Senate, were placed on the Senators' desks, in open meeting, and the date of the placement;

 

                  b.   that the concurrent resolution was read three times in the Senate, was passed on third reading in the form it was received from the General Assembly, and the dates of the readings; and

 

                  c.   the tally on the vote on final passage,

 

the concurrent resolution shall be received by the General Assembly , in open meeting , and [shall be] transmitted by the Clerk to the Secretary of State with the certificates [annexed thereto, to be proceeded upon] of the presiding officers. The constitutional amendments proposed in the concurrent resolution shall be proceeded upon as prescribed by the Constitution and as may be provided by the Legislature.

 

       151. Rule 148 is amended to read as follows:

 

       [148.] 19:8. If [such] a concurrent resolution, which [shall have been] was passed by the General Assembly, [shall be] is returned from the Senate with a certificate reciting that the [same has been] concurrent resolution was amended in the Senate, the [said] concurrent resolution [shall be] is deemed to have been lost and no further [proceedings] action shall be taken [thereon] on the concurrent resolution.

 

       152. The heading "PROPOSALS FOR AMENDMENT OF THE CONSTITUTION ORIGINATING IN THE SENATE" is amended to read as follows:

 

20 - PROPOSALS [FOR AMENDMENT OF] TO AMEND

THE CONSTITUTION ORIGINATING IN THE SENATE

 

       153. Rule 149 is amended to read as follows:

 

       [149.] 20:1. Whenever [printed] copies of a concurrent resolution introduced in the Senate proposing [an amendment or amendments] to amend the Constitution [shall be] are received from that House, the Clerk shall cause the copies [thereof] to be placed [upon] on the members' desks [of the members of the General Assembly] , in open meeting , at the earliest opportunity after [the] receipt [thereof and shall note the same in the Minutes] . The Clerk shall enter in the Minutes the date the copies of the concurrent resolution were received and the date they were placed on the members' desks, in open meeting, and certify the [same with the date thereof] information to the Secretary of the Senate [immediately].

 

       154. Rule 150 is amended to read as follows:

 

       [150.] 20:2. Whenever [there shall be received in] the General Assembly [any] receives a concurrent resolution proposing [an amendment or amendments] to amend the Constitution which [shall have] originated in [,] and [been] was passed by the Senate and [to which there shall be annexed] is accompanied by a certificate signed by the President and Secretary of the Senate reciting [such facts as would indicate] that it [had been] was considered and passed in accordance with the provisions of Article IX, paragraphs 1 and 2 of the Constitution, the [report of the Secretary of the Senate thereon] receipt of the concurrent resolution and certificate, by the General Assembly, shall [be taken as] constitute the first reading of [said] the concurrent resolution [and it shall then be proceeded upon and] . The concurrent resolution shall then take the same course as Senate bills and joint resolutions [originating in, and passed by, the Senate and] that are received in the General Assembly [are required to take but no such] . No Senate concurrent resolution proposing to amend the Constitution shall be amended in the General Assembly.

 

       155. Rule 151 is amended to read as follows:

 

       [151.] 20:3. If [such] a concurrent resolution [shall be] originating in the Senate and proposing to amend the Constitution is passed by the General Assembly [upon its] on third reading , a certificate [reciting that printed copies of said concurrent resolution, in the form in which it was passed by the General Assembly, were placed upon the desks of the members of the General Assembly in open meeting with the date thereof, that said concurrent resolution has been read three times in the General Assembly with the dates thereof and that the same was passed by the General Assembly upon its third reading with the number of votes cast for, against and abstentions from the passage thereof], signed by the Clerk and the Speaker of the General Assembly, shall be annexed to [, and be] the concurrent resolution and transmitted to the Senate with [,] the concurrent resolution. The certificate shall include:

 

                  a.   that printed copies of the concurrent resolution, in the form it passed the General Assembly, were placed on the members’ desks, in open meeting, and the date of the placement;

 

                  b.   that the concurrent resolution was read three times in the General Assembly, was passed on third reading and the dates of the readings; and

 

                  c.   the tally on the vote on final passage.

 

       156.   The heading “PROPOSALS FOR AMENDMENT OF THE CONSTITUTION REQUIRING PASSAGE BY A SECOND LEGISLATURE” is amended to read as follows:


[PROPOSALS FOR AMENDMENT OF THE CONSTITUTION

REQUIRING PASSAGE BY A SECOND LEGISLATURE]

21 - VOTES REQUIRED TO SUBMIT

CONSTITUTIONAL AMENDMENTS TO THE VOTERS

 

       157. Rule 152 is amended to read as follows:

 

       [152. If any concurrent resolution proposing an amendment or amendments to the Constitution shall have passed in the Legislature held in the legislative year next preceding, by less than three-fifths of all of the members of either House but nevertheless by a majority of all of the members of each of the respective Houses, and such concurrent resolution shall be sent to the General Assembly by the Secretary of State, if it originated in the General Assembly, or by the Senate, if it originated in and shall have been passed by that House, it shall take the same course in the General Assembly as bills and joint resolutions are required to take by these Rules.] 21:1. a. A concurrent resolution proposing to amend the Constitution may be considered on third reading at any time during a two-year legislative session after compliance with the procedures set forth in Section 19 or 20, as applicable, of these Rules.

 

                  b.   If the concurrent resolution receives at least 24 affirmative votes in the Senate and at least 48 affirmative votes in the General Assembly, it is approved for submission to the voters and must be delivered to the Secretary of State together with the certificates as required by these Rules.

 

                  c.   If the concurrent resolution receives fewer than the number of affirmative votes specified in subsection b., in either House, but receives at least 21 affirmative votes in the Senate and at least 41 affirmative votes in the General Assembly, each House must again approve the concurrent resolution with at least 21 affirmative votes in the Senate and at least 41 affirmative votes in the General Assembly, as follows:

 

                  (1) If approved by both Houses in the first year of a two-year legislative session, both Houses must again approve the concurrent resolution in the second year of the two-year legislative session.

 

                  (2) If approved by both Houses, but the approval in one or both Houses does not occur until the second year of the two-year legislative session, the concurrent resolution must be introduced in the next two-year legislative session, and approved again by both Houses during that two-year legislative session.

 

            d.   If the concurrent resolution is approved under either method in subsection c., it is approved for submission to the voters and must be forwarded to the Secretary of State together with the certificates as required by these Rules.

 

    158. The heading “BILLS VETOED BY THE GOVERNOR OR RETURNED BY THE GOVERNOR FOR RE-ENACTMENT

AND RECONSIDERATION AND APPROVED WITHOUT AMENDMENT” is amended to read as follows:

 

[BILLS VETOED BY THE GOVERNOR OR RETURNED BY THE GOVERNOR FOR RE-ENACTMENT AND RECONSIDERATION                AND APPROVED WITHOUT AMENDMENT]

 

22 - VETOED BILLS

 

    159. Rule 153 is amended to read as follows:

 

    [153. Whenever a bill originating in the General Assembly is returned to the General Assembly by the Governor, with his objections and with or without recommendation for amendment, said objections shall be entered at large on the Minutes.] 22:1. Governor’s Objections Entered in the Minutes.

 

                  When a bill is returned by the Governor with objections and with or without recommendation for amendment, the objections shall be entered in the Minutes.

 

    160. Rule 154 is amended to read as follows:

 

    [154. On and after the third day following the return of the bill, if the bill be returned before the Legislature has adjourned sine die pursuant to paragraph 14 of Section I of Article V of the Constitution, or on or after the day upon which the same is returned, if the bill be returned to a Special Session convened for the sole purpose of acting upon bills returned by the Governor, pursuant to said paragraph of the Constitution, the bill may be reconsidered without amendment, whether or not amendment is recommended and if upon reconsideration two-thirds of all of the members of the General Assembly shall agree to pass the bill, the objections of the Governor to the contrary notwithstanding, as determined by the yeas, nays and abstentions taken upon the vote thereon, the names of persons voting for, against and abstaining from the passage of the bill shall be entered on the Minutes and it shall be certified by the Speaker of the General Assembly that the bill was returned by the Governor, with his objections, to the General Assembly in which it originated with the date thereof, and the objections having been entered at large in the Minutes of the General Assembly, the General Assembly reconsidered the bill, with the date thereof, and that two-thirds of all of the members of the General Assembly agreed to pass the bill the objections of the Governor to the contrary notwithstanding, with the date and number of persons voting for, against and abstaining from the passage of the bill, the same shall be sent to the Senate for its action thereon.] 22:2. Absolute Veto - General Assembly Bills.

 

                  On or after the third day following the return of a bill absolutely vetoed by the Governor, the General Assembly may move to override the veto. If 54 or more members vote to override the veto, the override shall pass the General Assembly.

 

                  If the motion to override passes, the Speaker shall certify:

 

                  a.   the date the bill was returned to the General Assembly by the Governor with objections;

 

                  b.   that the objections were entered in the Minutes;

 

                  c.   the date the General Assembly passed the motion to override the veto; and

 

                  d.   the tally on the vote to override.

 

                  The passed bill, together with the Speaker’s certification and Governor’s objections, shall be sent to the Senate.

 

    161. Rule 155 is deleted as follows:

 

    [155. If any bill, which so passed the General Assembly the objections of the Governor to the contrary notwithstanding, shall have been sent to the Senate and shall have been returned by the Senate with a certificate annexed thereto signed by the President that the same was approved, the objections of the Governor to the contrary notwithstanding, by two-thirds of all of the members of the Senate, with the date and number of persons voting for and against the adoption of the bill, the same shall be forwarded with the certificates by the Clerk to the Secretary of State.]

 

    162. Rule 156 is amended to read as follows:

 

    [156. Any bill originating in the Senate which shall have passed both Houses and shall have been presented to the Governor and been returned by him to the Senate with his objections, with or without recommendation for amendment, which shall be forwarded to the General Assembly by the Senate with a certificate signed by the President of the Senate that the bill as returned by the Governor to the Senate, with his objections, with the date thereof, and the objections having been entered at large on the journal of the Senate, the Senate proceeded to reconsider the bill, with the date thereof, and that two-thirds of all of the members of the Senate agreed to pass the bill, the objections of the Governor to the contrary notwithstanding, with the date thereof and the number of persons voting for and against the passage of the bill, may be reconsidered by the General Assembly and if approved by two-thirds of all of the members of the General Assembly determined by the yeas, nays and abstentions on the vote taken thereon, the names of the persons voting for, against and abstaining from the bill shall be entered on the Minutes of the General Assembly and the same shall be returned to the Senate certified by the Speaker of the General Assembly, that the General Assembly reconsidered the bill with the date thereof and that two-thirds of the members of the General Assembly agreed to pass the bill, the objections of the Governor to the contrary notwithstanding, with the number of persons voting for, against and abstaining from the passage of the bill.] 22:3. Absolute Veto - Senate Bills.

 

                  After the Senate has passed a motion to override an absolute veto and forwarded the bill to the General Assembly with the President’s certification and the Governor’s objections, the General Assembly may, at any time after receipt of the bill, move to override the veto. If 54 or more members vote to override the veto, the override shall pass the General Assembly.

 

                  If the motion to override passes, the Speaker shall certify:

 

                  a.   the date the General Assembly passed the motion to override the veto; and

 

                  b.   the tally on the vote to override.

 

                  The passed bill, together with certifications of the presiding officers and Governor’s objections, shall be returned to the Senate.

 

    163. The heading “OVERRIDE OF LINE-ITEM VETO,” rule 157 and the heading “RE-ENACTMENT OF BILLS” are deleted as follows:

 

[OVERRIDE OF LINE-ITEM VETO

 

    157. When the Governor shall sign any bill containing one or more items of appropriations of money but shall object in whole or in part to any such item or items, while approving the other portions of the bill, and a copy of the statement of each item or part thereof, to which he objects, appended to the bill at the time of signing it, shall be transmitted by him to the House in which the bill originated, one or more of such items may be reconsidered and may be approved by two-thirds of all of the members of each House of the Legislature in the same manner as is by these Rules provided in the case of bills returned by the Governor with his objections thereto, and said copy of said statement shall be entered upon the record of each House and shall be certified and forwarded to and returned by the other House, upon reconsideration, in the same manner as is by these Rules provided as to bills so returned.

 

RE-ENACTMENT OF BILLS]

 

    164. Rule 158 is amended to read as follows:

 

    [158. In the re-enactment of a bill pursuant to Article V, Section I, paragraph 14 (f), of the Constitution, at the regular session of the Legislature, all Assembly rules relating to Assembly and Senate bills, respectively, from proposal for introduction to delivery to the Senate or presentation to the Governor, as the case may be, shall apply as far as practicable; except that

 

                  a.   No Assembly or Senate bill shall be given a first reading except on motion therefor;

 

                  b.   An Assembly bill to which a motion for first reading has been addressed shall be taken to be in the form enacted by the Legislature and returned by the Governor; and shall not be reprinted unless and until an amendment or amendments shall have been made to the bill;

 

                  c.   After the first reading, no Assembly or Senate bill shall be referred to committee except on motion; and in the event of referral or commitment or recommitment of a bill to committee at any time by special order, it shall not be reported by committee substitute;

 

                  d.   An Assembly or Senate bill which has not been referred or committed to a committee after first reading, shall have a second reading without special order; and such bill may, by special order, be given second reading on the same day as it was given first reading.] 22:4. Conditional Veto - General Assembly Bills.

 

                  a.   Amended in accordance with the Governor's recommendations. If the Governor conditionally vetoes a bill and returns it to the General Assembly, the General Assembly may amend the bill in accordance with all of the Governor's recommendations. No other or partial amendments are permitted either in committee or on the floor.

 

                        To approve a conditionally vetoed bill which has been amended in accordance with the Governor's recommendations, the bill must be read three times in the General Assembly, with the intervention of one full calendar day between second reading, after the adoption of the Governor's recommendations, and third reading, unless it is declared an emergency measure under Rule 15.11.a. No conditionally vetoed bill shall receive first reading or be referred to committee unless directed by the Speaker. The affirmative vote of at least 41 members is required to pass the bill as amended.

 

                        The passed bill, together with the Governor's recommendations, shall be forwarded to the Senate.

 

            b.   Override. The General Assembly may override a conditional veto in the same manner and subject to the same requirements as necessary to override an absolute veto of a General Assembly bill.

 

            22:5.   Conditional Veto - Senate Bills.

 

                  a.   Amended in accordance with the Governor's recommendations. After the Senate has passed a motion to approve a bill conditionally vetoed by the Governor by amending it in accordance with the Governor's recommendations, the Senate shall forward the amended bill, together with the Governor's recommendations, to the General Assembly.

 

                        To approve a conditionally vetoed bill which has been amended in accordance with the Governor's recommendations, the bill must be read three times in the General Assembly, with the intervention of one full calendar day between second and third readings, unless it is declared an emergency measure under rule 15.11.a. No conditionally vetoed bill shall receive first reading or be referred to committee unless directed by the Speaker. The affirmative vote of at least 41 members is required to pass the bill.

 

                        The passed bill, together with the Governor's recommendations, shall be returned to the Senate.

 

                  b.   Override. If the Senate has voted to override a conditional veto and forwards the bill to the General Assembly, the General Assembly may, at any time after receipt of the bill, move to override the conditional veto in the same manner and subject to the same requirements as necessary to override an absolute veto of a Senate bill.

 

      165. Rule 22:6 is added as follows:

 

      22:6.   (New) Line-Item Veto - General Assembly Bills.

 

                  On or after the third day following receipt of the Governor's statement of one or more line-item vetoes, the General Assembly may separately move to override any of the vetoes. A concurrent resolution shall be the form of legislation used to override a line-item veto. A separate concurrent resolution shall be used for each line-item veto for which a motion is made to override. If 54 or more members vote to approve the concurrent resolution to override the veto, the override shall pass the General Assembly.

 

                  If the motion to approve the concurrent resolution to override passes, the Speaker shall certify:

 

                  a.   the date the Governor's line-item veto statement was received by the General Assembly;

 

                  b.   that the statement was entered in the Minutes;

 

                  c.   the date the General Assembly passed the motion to approve the concurrent resolution to override the line-item veto; and

 

                  d.   the tally on the vote to override.

 

                        The passed concurrent resolution, together with the Speaker's certification and Governor's line-item veto statement, shall be sent to the Senate.

 

      166. Rule 22:7 is added as follows:

 

      22:7. (New) Line-Item Veto - Senate Bills.

 

                  After the Senate has passed a concurrent resolution to override a line-item veto and forwarded the concurrent resolution to the General Assembly with the President's certification and the Governor's line-item veto statement, the General Assembly may, at any time after receipt of the concurrent resolution, move to override the line-item veto set forth in the concurrent resolution. If 54 or more members vote to approve the concurrent resolution to override the veto, the override shall pass the General Assembly.

 

                  If the motion to approve the concurrent resolution to override passes, the Speaker shall certify:

 

                  a.   the date the General Assembly passed the motion to approve the concurrent resolution to override the line-item veto; and

 

                  b.   the tally on the vote to override.

 

                  The passed concurrent resolution, together with certifications of the presiding officers and Governor's line-item veto statement, shall be returned to the Senate.

 

      167. Rule 22:8 is added as follows:

 

      22:8. (New) Veto Override - Delivery to the Secretary of State.

 

                  a.   When the General Assemby has voted to override a veto of a General Assembly bill, the Senate has likewise voted to override the veto and has returned the bill, the Governor's objections and the certifications of the presiding officers to the General Assembly, the Speaker shall deliver the bill, certifications and the Governor's objections to the Secretary of State.

 

                  b.   When the General Assembly has voted to override a line-item veto on a General Assembly bill, the Senate has likewise voted to override the veto and has returned the concurrent resolution, the Governor's line-item veto statement and the certifications of the presiding officers to the General Assembly, the Speaker shall deliver the concurrent resolution, certifications and Governor's line-item veto statement to the Secretary of State.

 

      168. Rule 22:9 is added as follows:

 

      22:9. (New) Special Session to Accept and Consider Vetoed Bills.

 

                  In accordance with Art. V, Sec. I, par. 14(d) of the Constitution, the General Assembly shall hold a special session to accept and consider bills returned by the Governor. All bills returned to the General Assembly at or prior to that special session may be accepted and finally acted upon at the special session without receiving three readings. Final action includes override and approval in accordance with the Governor's recommendations. Overrides require the affirmative vote of 54 or more members and approval in accordance with the Governor's recommendations requires the affirmative vote of 41 or more members.

 

                  This special session shall be held on the earlier of the 45th day following adjournment sine die, or on the Monday preceding the expiration of the second year of a Legislature.

 

      169. Rule 22:10 is added as follows:

 

      22.10. (New) Votes Entered in the Minutes.

 

                  Whenever a vote is taken to override a veto or to approve a bill in accordance with the Governor's recommendations, the names of all members voting on the motion and how each member voted shall be entered in the Minutes.

 

      170. The heading "GENERAL PROVISIONS" is amended to read as follows:

 

23 - GENERAL PROVISIONS

 

      171. Rule 159 is amended to read as follows:

 

      [159.] 23:1. Mason’s Manual of Legislative Procedure shall in all cases, when not in conflict with [the] these Rules [adopted by the General Assembly], be considered and held as standard authority.

 

      172. Rule 160 is amended to read as follows:

 

      [160.] 23:2. No [standing] Rule (or Order) of the General Assembly shall be rescinded or changed except by [a vote of the majority of all the members of the General Assembly upon motion therefor, and if objection should be made to the consideration of such motion,] the affirmative vote of at least 41 members. If a member objects to the motion to rescind or change a Rule (or Order) when made, the motion shall lie over until the next meeting of the General Assembly [; nor shall any standing Rule (or Order) be suspended except by a vote of the majority of all the members of the General Assembly]. A motion to suspend a Rule (or Order), requires the affirmative vote of at least 41 members to pass the motion, however, there is no need for the motion to lay over to the next meeting of the General Assembly if there is an objection to the motion.

 

      173. The heading "DEFINITIONS" is amended to read as follows:

 

24 - DEFINITIONS

 

      174. Rules 161 through 167 are deleted as follows:

 

      [161. The term "bill" shall mean a draft of a proposed law.

 

      162. The term "joint resolution" shall mean a formal resolution separately adopted by both Houses of the Legislature and submitted to the Governor.

 

      163. The term "concurrent resolution" shall mean a formal resolution passed by a majority of the members of the General Assembly, the Senate concurring therein, which expresses the sentiment of both Houses or accomplishes some purpose with common interest to both Houses. No action by the Governor is required with respect to a concurrent resolution.

 

      164. The term "resolution" shall mean a formal resolution, passed by a majority of the members of the General Assembly which expresses its policy or opinion or provides for subsidiary or procedural matters and requires no action either concurrently or jointly by the Senate.

 

      165. The term "motion" shall mean a proposal by a member of the General Assembly that said House, on approval by a majority vote of all members voting, not counting abstentions, unless otherwise specified in these rules, take a certain specific action.

 

      166. Whenever in these Rules the term "majority of all the members," "majority of the members" or a specified proportion "of the members" of the General Assembly shall be used, the same shall mean and refer to a majority or other specified proportion of the total authorized membership of the General Assembly regardless of the existence of a vacancy or vacancies in its membership.

 

      167. Wherever in these Rules any word importing the masculine or feminine gender is used, the same shall be understood to include and apply to both sexes.]


      175. Rule 24:1 is added as follows:

 

      24:1. (New)   Definitions -

 

                  "Absolute veto" - The unconditional rejection of a bill by the Governor.

 

                  "Assembly resolution" - A formal numbered resolution, passed by the affirmative vote of at least 41 members which expresses a policy or opinion of the General Assembly, or provides for subsidiary or procedural matters and requires no action either concurrently or jointly by the Senate.

 

                  "Bill" - A formal proposal which, if enacted, will become law.

 

                  "Bills and resolutions" - This phrase includes all bills, all joint resolutions, all concurrent resolutions proposing to amend the Constitution, all other numbered concurrent resolutions and all numbered Assembly resolutions.

 

                  "Clerk" - The Clerk of the General Assembly.

 

                  "Concurrent resolution" - A formal resolution separately adopted by both Houses of the Legislature and requiring affirmative votes from at least 21 Senators and 41 members of the General Assembly which expresses the sentiment of both Houses or accomplishes a purpose with common interest to both Houses. A concurrent resolution is also the form of legislation used to propose amendments to the State Constitution and to ratify amendments to the Constitution of the United States proposed by the Congress. No action by the Governor is required with respect to a concurrent resolution.

 

                  "Conditional veto" - The rejection of a bill by the Governor with suggested amendments which, if adopted by both Houses of the Legislature, would theoretically make the bill acceptable to the Governor.

 

                  "Joint resolution" - A formal resolution separately adopted by both Houses of the Legislature and requiring the affirmative votes of at least 21 Senators and 41 members of the General Assembly and, since it has the effect of law, must be submitted to the Governor for approval.

 

                  "Line-item veto" - The rejection of all or a portion of one or more items of appropriation by the Governor while approving the other portions of the bill.

 

                  "Member" - A citizen elected to the General Assembly by the voters of one of the 40 legislative districts, or selected to fill a vacancy on an interim basis, and sworn and seated as a representative of that legislative district. Each legislative district is represented by two members.

 

                  "Motion" - A proposal by a member that the General Assembly take a certain action. In order to be approved by the General Assembly, a motion must receive the affirmative votes of a majority of those members present and voting, unless a greater number is specifically required by these Rules.

 

                  "Quorum" - The presence of at least 41 members at a meeting of the General Assembly.

 

                  "Roll call vote" - A method of determining each member's vote on a question. Members may vote yea, nay or abstain. The electronic voting system shall be used for all roll call votes. In the event the electronic voting system is inoperative, the names of the members shall be called alphabetically. When a member's name is called, the member shall audibly vote yea, nay or abstain.

 

                  "Veto override" - The enactment of a bill over the Governor's objections.

 

      176. The Legislative Counsel is authorized to correct in the text of these Rules of the General Assembly any error or omission in legal reference, text, punctuation, spelling, grammar and form, the correction of which will not affect the substance of the text.

 

      177. The Office of Legislative Services shall provide for the publication and distribution of the Rules of the General Assembly in such form and manner as the Speaker shall direct.

 

      178. This Assembly resolution shall take effect on the thirtieth day following adoption.

 

 

 

Amends the General Assembly Rules.