SR0054enr 98TH GENERAL ASSEMBLY

09800SR0054 Enrolled LRB098 07045 JWD 37104 r

SENATE RESOLUTION NO. 54

RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the Senate of the 98th General Assembly are amended by changing Rules 3-1, 3-5, 3-9, 7-2, 7-3, 7-12, 10-1, and 10-2 and by adding Rules 3-14 and 3-15 as follows:

(Senate Rule 3-1)

3-1. Committees.

(a) The committees of the Senate are: (i) the standing committees listed in Rule 3-4; (ii) special committees created by resolution or notice under Rule 3-3; and (iii) special subcommittees created by standing committees or by special committees under Rule 3-3. Subcommittees may not create subcommittees.

(b) All committees shall have a Chairperson and Minority Spokesperson, who shall not be of the same caucus, except as provided in Rule 3-2. Committees of the whole shall consist of all Senators. The number of majority caucus members and minority caucus members of all standing committees, and all other committees unless otherwise ordered by the Senate in accordance with these Senate Rules, shall be determined by the President. The numbers of majority caucus and minority caucus members shall become final upon the President filing with the Secretary an appropriate notice, which shall be Journalized.

(c) The Chairperson of a committee shall have the authority to call the committee to order, designate which legislative measures that are assigned to the committee shall be taken up, order the roll call vote to be taken on each legislative measure called for a vote, preserve order and decorum during committee meetings, assign legislative measures to special subcommittees of the parent committee, jointly sign and issue subpoenas with the President, and implement and supervise the business of the committee. The Vice-Chairperson of a committee may preside over its meetings in the absence or at the direction of the Chairperson.

(d) A vacancy on a committee, or in the Chairperson or Minority Spokesperson position on a committee, occurs when a member resigns from that position or ceases to be a Senator. Resignations shall be made in writing to the Secretary, who shall promptly notify the President and Minority Leader. Absent concurrence by a majority of those elected, or as otherwise provided in Rule 3-5, no member who resigns from a committee shall be reappointed to that committee for the remainder of the term. Replacement members shall be of the same caucus as that of the member who resigns, and shall be appointed by the President or Minority Leader, depending upon the caucus of the resigning member. In the case of vacancies on special subcommittees that were created by committees, any vacancy shall be filled pursuant to the motion adopted to create the subcommittee but if the motion does not specify how a vacancy is filled then the parent committee shall fill the vacancy by motion.

(e) The Chairperson of a committee shall have the authority to call meetings of that committee, subject to the approval of the President in accordance with Rule 2-5(c)(19). Except as otherwise provided by these Senate Rules, committee meetings shall be convened in accordance with Rule 3-11.

(Senate Rule 3-5)

3-5. Service Committees Committee.

(a) In addition to the standing committees, there are 2 is a permanent service committees committee known as the "Committee on Assignments" and the "Committee on Legislative Petitions". The Committee on Assignments shall have those powers and duties that are outlined in these Senate Rules, as well as those that may be periodically ordered in accordance with these Senate Rules. The Committee on Legislative Petitions shall have those powers and duties outlined in Senate Rule 3-14, as well as those that may be periodically ordered in accordance with these Senate Rules.

(b) The Committee on Assignments shall consist of five members, three of whom shall be appointed by the President and two of whom shall be appointed by the Minority Leader. Both the President and the Minority Leader shall be eligible to be appointed to the Committee on Assignments. The Committee on Assignments shall be empowered to conduct business when a majority of the total number of its members has been appointed.

(c) The majority caucus members of the Committee on Assignments shall serve at the pleasure of the President, and the minority caucus members shall serve at the pleasure of the Minority Leader. Appointments thereto shall be by notice filed with the Secretary, and shall be effective for the balance of the term or until a replacement appointment is made, whichever first occurs. Appointments shall take effect upon filing with the Secretary regardless of whether the Senate is in session. Notwithstanding any other provision of these Senate Rules, any Senator who is replaced on the Committee on Assignments may be reappointed to the Committee on Assignments without concurrence of the Senate.

(d) Notwithstanding any other provision of these Senate Rules, the Committee on Assignments and the Committee on Legislative Petitions may meet upon reasonable public notice. All legislative measures pending before the Committee on Assignments or Legislative Petitions pending before the Committee on Legislative Petitions shall be eligible for consideration at any meeting thereof, and all such legislative measures shall be deemed posted for hearing by the Committee on Assignments for all of its meetings.

(e) This Rule may be suspended by a vote of three-fifths of the members elected.

(Senate Rule 3-9)

3-9. Re-Referrals to the Committee on Assignments.

(a) All legislative measures, with the exception of resolutions to amend the State Constitution and Legislative Petitions, that have failed to meet the applicable deadline established in accordance with Rule 2-10 for reporting to the Senate by a standing committee shall automatically be re-referred to the Committee on Assignments unless: (i) the deadline has been suspended pursuant to Rule 7-17, with re-referral to the Committee on Assignments to occur if the bill has not been reported to the Senate in accordance with the revised deadline; or (ii) the Committee on Assignments has issued a written exception to the Secretary with respect to a particular bill prior to the reporting deadline, with re-referral to occur, if at all, in accordance with the written exception. Should the President in accordance with Rule 2-10 establish deadlines for action on joint action motions or conference committee reports, the foregoing re-referral provisions and exceptions shall apply with respect to those legislative measures that fail to meet those deadlines.

(b) All legislative measures, with the exception of resolutions to amend the State Constitution and Appointment Messages, pending before the Senate or any of its committees shall automatically be re-referred to the Committee on Assignments on the 31st consecutive day that the Senate has not convened for session unless: (i) this Rule has been suspended in accordance with Rule 7-17; or (ii) the Committee on Assignments has issued a written exception to the Secretary prior to that 31st day.

(Senate Rule 3-14 new)

3-14. Legislative Petitions.

(a) The Senate recognizes that the people of Illinois have a right to petition their government to make known their opinions and to apply for redress of grievances, and encourages them to do so. For that reason, the Senate hereby creates a process by which the people may propose legislative action through the filing of petitions.

(b) The people may submit these petitions to any Senator or to the Chairperson of the Committee on Legislative Petitions.

(c) Any petition submitted shall succinctly state the relevant subject matter, the underlying factual circumstances, and a proposed legislative remedy. The petition shall also contain the signatures of at least ten Illinois residents (in print or electronic format). At least one original petition and one copy must be presented to the Senator or Chairperson of the Committee.

(d) Upon receipt of a petition, a member may file a Legislative Petition with the Secretary of the Senate. Each Legislative Petition shall have one principal sponsor whose name shall appear on the Legislative Petition and may be joined by no more than four chief cosponsors with the approval of the principal sponsor; other cosponsors shall be separated from the principal sponsor and any chief cosponsor by a comma. All Legislative Petitions introduced into the Senate shall be accompanied by the original petition received by the Senator and eight copies of the petition drafted by the Legislative Reference Bureau. The Secretary shall retain the original petition for archive purposes.

(e) All Legislative Petitions shall be drafted by the Legislative Reference Bureau, according to the form provided in this Rule.

(f) Legislative Petitions submitted shall be assigned a sequential number by the Secretary of the Senate, indicating the order in which they were received and read into the Senate record by the Secretary of the Senate at the direction of the Senate President. A Legislative Petition is received by the Senate when it is read into the Senate record and assigned a sequential number.

(g) All Legislative Petitions shall, after having been read into the Senate record, be automatically referred to the Committee on Legislative Petitions.

(h) A Legislative Petition that does not conform to the requirements of this Rule shall, at the direction of the Senate President, (i) be ruled non-compliant and out of order, and (ii) be returned by the Secretary of the Senate to the Senator who filed it.

(i) A Legislative Petition shall be unamendable, and any Legislative Petition pending when the Senate adjourns sine die shall not carry over into the next General Assembly.

(j) Form.

SENATE PETITION

The undersigned petitioner, individually and on behalf of those residents of the State of Illinois supporting this petition, hereby petitions the Chairperson and Members of the Senate Committee on Legislative Petitions to hold one or more public hearings to consider whether the following proposal should be introduced as legislation in the Illinois State Senate: Primary Petitioner: (Insert name of first person signing petition) Brief Summary of Proposal: (Insert Summary) Summary provided by petitioner and reproduced without alteration. Detailed Description of Proposal: (Insert Description or Specify "Not Provided") Description provided by petitioner and reproduced without alteration.

(Senate Rule 3-15 new)

3-15. Committee on Legislative Petitions.

(a) In addition to standing committees and the Committee on Assignments, there shall be a permanent service committee known as the "Committee on Legislative Petitions". The Committee on Legislative Petitions shall have those powers and duties that are outlined in these Senate Rules, as well as those that may be periodically ordered in accordance with these Senate Rules.

(b) The appointed members of the Committee on Legislative Petitions shall be designated by the President and the Minority Leader in the same manner outlined in Rule 3-2 with respect to standing committees. In accordance with Section 1 of the General Assembly Compensation Act (25 ILCS 115/1), no Chairperson or Minority Spokesperson of the Committee on Legislative Petitions shall receive additional compensation for his or her service. The Committee may create subcommittees under Rule 3-3.

(c) It shall be the duty of the Committee on Legislative Petitions to consider petitions for legislation submitted to the Senate under these Senate Rules. After conducting one or more public hearings and receiving testimony, the Committee on Legislative Petitions may, by a majority of those appointed, issue a report to the full Senate outlining the testimony received, the positions of any witnesses, and any recommendations made by Committee members regarding the petition.

(Senate Rule 7-2)

7-2. Announcing a Roll Call Vote. When a roll call vote is requested, the Presiding Officer shall put the question and then announce to the Senate: "The voting is open.". While the roll call is being taken, the Presiding Officer shall state: "Have all voted who wish?". The voting is closed when the Presiding Officer announces: "Take the Record.". The Presiding Officer, unless an intervening motion to postpone consideration by the principal sponsor is made, shall then announce the results of the roll call. No Senator is permitted to vote or to change his or her vote after the Presiding Officer announces: "Take the Record.".

(Senate Rule 7-3)

7-3. Decorum and Debate.

(a) When any Senator is about to speak or deliver any matter to the Senate, he or she shall rise and address the Presiding Officer as "Mister President" or "Madam President", as the case may be. Upon being recognized by the Chair, the latter will address the Senator by name and thereupon, and not until then, the engineer in charge of operating the microphones in the Senate will give the use of the microphone to the Senator who has been so recognized. The Senator in speaking shall confine himself or herself to the subject matter under discussion and avoid personalities.

(b) The Presiding Officer may at his or her discretion, and with consideration for the efficient operation of the Senate, determine whether any member shall be afforded the floor for the purpose of introduction of guests in the gallery. Questions affecting the rights, reputation, and conduct of members of the Senate in their representative capacity are questions of personal privilege. A matter of personal explanation does not constitute a question of personal privilege.

(c) If any Senator in speaking (or otherwise) transgresses these Senate Rules, the Presiding Officer shall, or any Senator may, call him or her to order, in which case the Senator so called to order shall sit down, unless permitted to explain; and the Senate, if appealed to, shall decide on the case without debate. If the decision is in favor of the Senator called to order, he or she is at liberty to proceed. If otherwise, and the case requires it, he or she is liable to the censure of the Senate.

(d) If any Senator is called to order for words spoken in debate, the person calling him or her to order shall repeat the words excepted to, and they shall be taken down by the Secretary. No Senator shall be held to answer or be subject to the censure of the Senate for words spoken in debate if any Senator has spoken in debate or other business has intervened after the words spoken and before exceptions to them shall have been taken.

(e) If two or more Senators rise at once, the Presiding Officer shall name the Senator who is to speak first.

(f) No person shall give any signs of approbation or disapprobation while the Senate is in session.

(g) No Senator shall speak more than five minutes on the same question without the consent of the Senate, nor more than twice on that question. No Senator shall speak more than once until every Senator choosing to speak has spoken. However, the Presiding Officer, in his or her discretion, may set time limits for the presentation of a legislative measure by the principal sponsor or a member designated by the principal sponsor and debate by Senators seeking to debate the legislative measure. No Senator may explain his or her vote.

(h) While the Presiding Officer is putting a question, no Senator shall leave or walk across the Senate Chamber. When a Senator is addressing the Senate, no Senator or other person entitled to the floor shall entertain private discourse or pass between the speaker and the Presiding Officer.

(i) In case of any disturbances or disorderly conduct in the lobby, gallery, or hallways adjoining the chamber, the President shall have the power to order the same to be cleared.

(j) All material placed on the desks of Senators shall contain the name of the Senator requesting its distribution.

(Senate Rule 7-12)

7-12. Motion to Postpone Consideration. A motion to postpone consideration on a legislative measure may not be made more than once on the same bill or proposition. Unless otherwise provided by these Senate Rules, a motion to postpone consideration shall be made prior to intervening business and shall be granted as a matter of privilege. However ; however, no motion to postpone consideration is in order if the involved legislative measure (1) initially received a vote of fewer than two-fifths of the members elected or (2) is an Appointment Message.

(Senate Rule 10-1)

10-1. Nominations.

(a) Every nomination subject to confirmation by the Senate shall be referred to the Committee on Assignments in accordance with Rule 3-6; nominations may be considered by the Executive Appointments Committee or other committees in accordance with these Senate Rules. Each nominee shall be required to appear in person before that meeting of a committee convened for the purpose of considering the qualifications of the person for the office to which he or she has been nominated. The appearance of the nominee may be waived by the committee by a vote of a majority of those appointed.

(b) The Executive Appointments Committee or another committee in accordance with these Senate Rules shall, six days prior to any of its meetings, post a notice on the Senate bulletin board or make the notice electronically available indicating the nominees to be considered at its next meeting and the time, date, and place of the meeting. The Chairperson of the committee shall provide a copy of the notice to the Governor's Office of Legislative Affairs or other proper appointing officer or authority, if applicable, which shall be responsible for notifying each nominee scheduled to be considered of the date, time, and place of hearing.

(c) Except for Appointment Messages placed on the Denial of Appointment Calendar under the order of Executive Appointments, on On considering the report of the Executive Appointments Committee or another committee in accordance with these Senate Rules on a nomination, the Presiding Officer shall put the following question: "Does the Senate advise and consent to the nomination just made?". The Chairman of the Executive Appointments Committee may, by a motion in writing approved by a majority of the members present and voting compile a list of individual appointment messages to be acted on together by a single vote. Whenever a list of Appointment Messages has been so compiled, five or more members may request the question be put and the vote separately taken upon each of the Appointment Messages on that list. The Senate may determine, by a majority vote of those elected, after having voted upon the question of one or more of the Appointment Messages individually, to act upon the question of the remaining Appointment Messages on that list as a unit.

(c-5) After a committee has reported to the Senate any Appointment Message "do not recommend advise and consent" pursuant to subsection (a) of Rule 3-11, the Chairman of the Executive Appointments Committee shall move that the Appointment Message (or Appointment Messages) be placed on the Denial of Appointment Calendar under the order of Executive Appointments. A motion to place an Appointment Message on the Denial of Appointment Calendar is neither debatable, subject to division under Rule 7-14, nor subject to a motion to reconsider under Rule 7-15. The Presiding Officer shall put the following question: "Shall the Senate place Appointment Message (or Messages) (insert number or numbers) on the Denial of Appointment Calendar which shall constitute the Senate's rejection of that Message (or those Messages) on its 60th session day under our Rules?" Upon adoption of the motion by a majority vote, the Secretary shall place an Appointment Message on the Denial of Appointment Calendar under the order of Executive Appointments.

After a committee has reported to the Senate any Appointment Message "without recommendation" pursuant to subsection (a) of Rule 3-11, the Chairman of the Executive Appointments Committee may move that the Appointment Message (or Appointment Messages) be placed on the Denial of Appointment Calendar under the order of Executive Appointments. A motion to place an Appointment Message on the Denial of Appointment Calendar is neither debatable, subject to division under Rule 7-14, nor subject to a motion to reconsider under Rule 7-15. The Presiding Officer shall put the following question: "Shall the Senate place the Appointment Message (or Messages) (insert number or numbers) on the Denial of Appointment Calendar which shall constitute the Senate's rejection of that Message (or those Messages) on its 60th session day under our Rules?" Upon adoption of the motion by majority vote, the Secretary shall place an Appointment Message on the Denial of Appointment Calendar under the order of Executive Appointments.

The Secretary shall set forth for each applicable Appointment Message on the Denial of Appointment Calendar the number, name of the nominee, and the title of the office, agency or other body to which nomination is being made. The Denial of Appointment Calendar shall also state the number of session days that have elapsed since each Appointment Message was received by the Senate. The Secretary shall distribute the Denial of Appointment Calendar to each member of the Senate as a component of the Senate Calendar for each session day other than a perfunctory session day. The Secretary shall make the Denial of Appointment Calendar available to the public.

An Appointment Message shall be removed from the Denial of Appointment Calendar if a written objection stating the number of the Appointment Message to be removed is filed with the Secretary on or before the 59th session day after the day the Appointment Message was received by the Senate, and the objection contains the signature of a majority of the members elected. Upon the filing of a proper written objection, the Secretary shall remove the relevant Appointment Message from the Denial of Appointment Calendar and automatically place the Appointment Message on the Senate Calendar under the order of Executive Appointments.

An Appointment Message shall be removed from the Denial of Appointment Calendar if, upon concurrence of a majority of those appointed, the Committee on Assignments adopts a motion to remove that Appointment Message on or before the 59th session day after the day the Appointment Message was received by the Senate. Upon this action of the Committee on Assignments, the Secretary shall remove the relevant Appointment Message from the Denial of Appointment Calendar and automatically place the Appointment Message on the Senate Calendar under the order of Executive Appointments, unless the Committee on Assignments has referred the Appointment Message to a committee for further action.

If neither the Committee on Assignments takes action to remove an Appointment Message from the Denial of Appointment Calendar, nor a proper written objection to an Appointment Message on the Denial of Appointment Calendar is filed with the Secretary as required under this Rule, then that Appointment Message shall remain on the Denial of Appointment Calendar. A motion to place an Appointment Message (or Appointment Messages) on the Denial of Appointment Calendar adopted by the Senate shall constitute the Senate's rejection of each Appointment Message on the Denial of Appointment Calendar on the 60th session day after the day the Appointment Message was received by the Senate. Each Appointment Message remaining on the Denial of Appointment Calendar on the 60th session day after the day the Appointment Message was received by the Senate shall be deemed to have not received the advice and consent of the Senate and thereby rejected by the Senate pursuant to Article V, Section 9 of the Illinois Constitution.

On the 60th session day for each Appointment Message on the Denial of Appointment Calendar, the Presiding Officer shall make the following inquiry of the Secretary: "Please identify each Appointment Message on the Denial of Appointment Calendar that is on its 60th session day." After the Secretary identifies the relevant Appointment Message or Appointment Messages, the Presiding Officer shall make the following declaration: "Each Appointment Message just read is on its 60th session day and remains on the Denial of Appointment Calendar; therefore each such Message, pursuant to our Rules, is deemed to have not received the advice and consent of the Senate and is hereby rejected by the Senate pursuant to Article V, Section 9 of the Illinois Constitution. The Journal shall reflect that the Senate has rejected each such nomination and the Secretary shall inform the relevant appointing authority of the Senate's action in rejecting that authority's nomination."

(d) Except as otherwise provided for in this Rule, while While any nomination remains with the Senate, it is in order to reconsider any vote taken thereon, subject to the provisions of Rule 7-15 not related to the time for making such a motion.

(Senate Rule 10-2)

10-2. Appointment Messages.

(a) Every nomination subject to the advice and consent of the Senate shall be submitted to the Senate by an Appointment Message from the appointing officer or appointing authority in accordance with this Rule, using the Appointment Message form provided in this Rule, containing all of the required information, and accompanied by a cover letter signed by the appointing officer or on behalf of the appointing authority.

(b) All Appointment Messages shall be drafted by the Legislative Reference Bureau, according to the form provided in this Rule.

(c) Appointment Messages submitted shall be assigned a sequential number by the Secretary of the Senate, indicating the order in which they were received and read into the Senate record by the Secretary of the Senate at the direction of the Senate President. An Appointment Message is received by the Senate when it is read into the Senate record and assigned a sequential number. A perfunctory session day shall not be deemed to be a session day for the purpose of Article V, Section 9, subsection (a) of the Illinois Constitution.

(d) An Appointment Message that does not conform to the requirements of this Rule shall, at the direction of the Senate President, (i) be ruled non-compliant and of no legal effect and (ii) be returned by the Secretary of the Senate to the appointing officer or authority that filed it.

(e) The appointing officer or authority may file in accordance with this Rule an Appointment Message that supersedes a previously filed Appointment Message. A superseding Appointment Message shall identify by sequential number the Appointment Message that it supersedes. The filing of a superseding Appointment Message shall automatically table the Appointment Message that it supersedes, and that superseded Appointment Message shall have no further legal effect.

(f) Nothing in this Rule shall be construed to prohibit an appointing officer or authority from withdrawing in writing an Appointment Message that was previously submitted to or received by the Senate. An Appointment Message that has been withdrawn shall have no further legal effect.

(g) An Appointment Message (i) shall be a committee-sponsored legislative measure that is unamendable and (ii) shall be controlled by the Chairperson of the Executive Appointments Committee, who for purposes of these Senate Rules shall be deemed the principal sponsor. In the absence of the Chairperson, the Vice-Chairperson of the Executive Appointments Committee shall be deemed the principal sponsor. Messages may not have individual cosponsors.

(h) Any Appointment Message pending when the Senate adjourns sine die (i) shall carry over into the next General Assembly and (ii) shall be considered to have been received by the Senate when originally read into the Senate record as provided for in subsection (c) of this Rule. An Appointment Message carrying over into the next General Assembly shall retain the sequential number assigned when originally read into the Senate record as provided for in subsection (c) of this Rule.

(i) Notwithstanding the requirements contained in this Rule, any Appointment Message submitted to the 96th General Assembly and not acted upon by the 96th General Assembly is deemed to be carried over to the 97th General Assembly. The Senate may take action on any Appointment Message carried over from the Senate of the 96th General Assembly. Nothing in this Rule shall be construed to prohibit an appointing officer or authority from withdrawing in writing an Appointment Message that was previously submitted to or received by the Senate of the 96th General Assembly and carried over into the Senate of the 97th General Assembly. An Appointment Message carried over from the Senate of the 96th General Assembly that has been withdrawn in the Senate of the 97th General Assembly shall have no further legal effect.

(i) (j) Form.

APPOINTMENT MESSAGE

To the Honorable Members of the Senate, Ninety-Eighth Ninety-Seventh General Assembly:

(I, (Name and Title of Appointing Officer), am)/(The (Name of the Appointing Authority) is) nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested.

Title of Office: (Insert Title and Position)

Agency or Other Body: (Name of Agency, Board, Commission, or other Body to Which Nomination is Being Made)

Start Date: (Insert Start Date)

End Date: (Insert End Date or Specify "Not Applicable")

Name: (Name of Nominee)

Residence: (Residential Address of Nominee)

Annual Compensation: (Insert Dollar Amount or Specify "Unsalaried")

Per diem: (Insert Dollar Amount or Specify "Not Applicable")

Nominee's Senator: Senator (Name of Senator in whose District the Nominee Resides)

Most Recent Holder of Office: (Insert Name or Specify "New Position")

Superseded Appointment Message: (Insert Sequence Number of Superseded Message or Specify "Not Applicable")