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Full Text of SR0006  102nd General Assembly

SR0006 102ND GENERAL ASSEMBLY


  

 


 
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1
SENATE RESOLUTION

 
2    RESOLVED, BY THE SENATE OF THE ONE HUNDRED SECOND GENERAL
3ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the Senate
4of the 102nd General Assembly are amended by changing Rules
52-5, 3-4, 3-8, 3-11, 3-12, and 7-9 and by adding Rules 11-3,
611-4, 11-5, 11-6, 11-7, 11-8, and 11-9 as follows:
 
 
7    (Senate Rule 2-5)
8    2-5. Powers and Duties of the President.
9    (a) The President shall have those powers conferred upon
10him or her by the Constitution, the laws of Illinois, and any
11motions or resolutions adopted by the Senate or jointly by the
12Senate and House.
 
13    (b) Except as provided by law with respect to the Senate
14Operations Commission, the President is the chief
15administrative officer of the Senate and shall have those
16powers necessary to carry out that function. The President may
17delegate his or her administrative duties as he or she deems
18appropriate.
 
19     (c) The powers and duties of the President shall include,
20but are not limited to, the following:
 

 

 

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1        (1) To preside at all sessions of the Senate, although
2    the President may call on any member to preside
3    temporarily.
 
4        (2) To open the session at the time at which the Senate
5    is to meet by taking the podium and calling the members to
6    order. The President may call on any member, or the
7    Secretary in case of perfunctory session, to open the
8    session.
 
9        (3) To announce the business before the Senate in the
10    order in which it is to be acted upon. At the beginning of
11    each legislative day, the President shall announce the
12    bills the Senate shall consider for final action on that
13    day and the order of their consideration. Once announced,
14    this order is not subject to change except by vote of
15    two-thirds of the members present. No bill not included on
16    the President's Daily Final Action Calendar shall be heard
17    on that day.
 
18        (4) To recognize those members entitled to the floor.
 
19        (5) To state and put to vote all questions that are
20    regularly moved or that necessarily arise in the course of
21    the proceedings, and to announce the result of the vote.
 

 

 

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1        (6) To preserve order and decorum.
 
2        (7) To decide all points of order, subject to appeal,
3    and to speak thereon in preference to other members.
 
4        (8) To inform the Senate when necessary, or when any
5    question is raised, on any point of order or practice
6    pertinent to the pending business.
 
7        (9) To sign or authenticate all acts, proceedings, or
8    orders of the Senate. All writs, warrants, and subpoenas
9    issued by order of the Senate or one of its committees
10    shall be signed by the President and attested by the
11    Secretary.
 
12        (10) To sign all bills passed by both chambers of the
13    General Assembly in order to certify that the procedural
14    requirements for passage have been met.
 
15        (11) To have general supervision, including the duty
16    to protect the security and safety, of the Senate chamber,
17    galleries, and adjoining and connecting hallways and
18    passages, including the power to clear them when
19    necessary.
 
20        (12) To have general supervision of the Secretary and

 

 

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1    his or her assistants, the Sergeant-at-Arms and his or her
2    assistants, the majority caucus staff, and all employees
3    of the Senate except the minority caucus staff.
 
4        (13) To determine the number of majority caucus
5    members and minority caucus members to be appointed to all
6    committees, except the Committee on Assignments created by
7    Rule 3-5.
 
8        (14) To appoint or replace all majority caucus members
9    of committees and to designate all Chairpersons,
10    Co-Chairpersons, and Vice-Chairpersons of committees,
11    except as the Senate otherwise orders in accordance with
12    these Senate Rules.
 
13        (15) To enforce all constitutional provisions,
14    statutes, rules, and regulations applicable to the Senate.
 
15        (16) To guide and direct the proceedings of the Senate
16    subject to the control and will of the members as provided
17    in these Senate Rules.
 
18        (17) To direct the Secretary during regular session,
19    veto session, special session, or perfunctory session to
20    read into the Senate record legislative measures and other
21    papers.
 

 

 

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1        (18) To direct the Secretary to correct
2    non-substantive errors in the Journal.
 
3        (19) To assign meeting places and meeting times to
4    committees.
 
5        (20) To decide, subject to the control and will of the
6    members in accordance with these Senate Rules, all
7    questions relating to the priority of business.
 
8        (21) To appoint a parliamentarian to serve at the
9    pleasure of the President.
 
10        (22) To promulgate forms for nominees subject to the
11    advice and consent of the Senate, for temporary
12    appointment messages, and for messages designating acting
13    appointees.
 
14        (23) To promulgate forms for members of the Senate to
15    disclose conflicts under the Illinois Governmental Ethics
16    Act.
 
17    (d) This Rule may be suspended by a vote of three-fifths of
18the members elected.
19(Source: S.R. 2, 102nd G.A.)
 

 

 

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1    (Senate Rule 3-4)
2    3-4. Standing Committees. The Standing Committees of the
3Senate are as follows:
 
4    The Committee on AGRICULTURE shall consider and report
5upon bills and matters referred to it relating to animals,
6animal disease, pest control, agriculture, food production,
7and soil and water.
 
8    The Committee on APPROPRIATIONS I shall consider and
9report upon all bills and matters referred to it relating to
10general appropriations and disbursement of public money.
 
11    The Committee on APPROPRIATIONS II shall consider and
12report upon all bills and matters referred to it relating to
13general appropriations and disbursement of public money.
 
14    The Committee on COMMERCE AND ECONOMIC DEVELOPMENT shall
15consider and report upon bills and matters referred to it
16relating to business regulation, consumer protection,
17commerce, and economic development.
 
18    The Committee on CRIMINAL LAW shall consider and report
19upon bills and matters referred to it relating to criminal
20laws, probate, and corrections.
 

 

 

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1    The Committee on EDUCATION shall consider and report upon
2bills and matters referred to it relating to kindergarten,
3elementary, secondary, and vocational education and schools.
 
4    The Committee on ENERGY AND PUBLIC UTILITIES shall
5consider and report upon bills and matters referred to it
6relating to energy, energy policy planning and regulation, and
7public utilities.
 
8    The Committee on ENVIRONMENT AND CONSERVATION shall
9consider and report upon bills and matters referred to it
10relating to the air, water and other natural resources of the
11state, conservation, recreation, pollution control, fisheries
12and game, state parks and forests, and water resources and
13flood and erosion control.
 
14    The Committee on GOVERNMENT ACCOUNTABILITY AND ETHICS
15shall consider and report upon bills and matters referred to
16it relating to ethics, good government, and government
17accountability.
 
18    The EXECUTIVE Committee shall consider and report upon
19bills and matters referred to it relating to elections,
20constitutional amendments, gaming, cannabis, and liquor.
 

 

 

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1    The Committee on EXECUTIVE APPOINTMENTS shall consider and
2report upon bills and matters referred to it relating to
3nominations, appointments by the Governor and all other
4appointments requiring confirmation.
 
5    The Committee on FINANCIAL INSTITUTIONS shall consider and
6report upon bills and matters referred to it relating to banks
7and banking, savings and loan associations, stocks, bonds, and
8other securities, securities dealers, partnerships and
9corporations, and home mortgage financing.
 
10    The Committee on HUMAN SERVICES shall consider and report
11upon bills and matters referred to it relating to public
12assistance, youth services, day care programs, foster care,
13homelessness, and the promotion and general well-being of
14youth, families, and the elderly.
 
15    The Committee on HIGHER EDUCATION shall consider and
16report upon bills and matters referred to it relating to
17public and independent institutions of higher education,
18private occupational schools, and post-secondary education.
 
19    The Committee on INSURANCE shall consider and report upon
20bills and matters referred to it relating to insurance.
 
21    The Committee on JUDICIARY shall consider matters

 

 

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1pertaining to state and local courts, court clerks and
2stenographers and other employees of the courts, civil
3procedures, adoption, divorce, bankruptcy, escheat, law
4libraries, deeds, mortgages, conveyancing, preservation of
5land records and other public documents, and other issues
6directly related to the judicial system.
 
7    The Committee on LABOR shall consider and report upon
8bills and matters referred to it relating to labor-management
9relations, industrial safety, unemployment compensation, and
10workers' compensation.
 
11    The Committee on LICENSED ACTIVITIES shall consider and
12report upon bills and matters referred to it relating to
13licensed professions and industries.
 
14    The Committee on LOCAL GOVERNMENT shall consider and
15report upon bills and matters referred to it relating to local
16governments.
 
17    The Committee on PENSIONS shall consider and report upon
18bills and matters referred to it relating to the regulation
19and administration of public pensions.
 
20    The Committee on PUBLIC HEALTH shall consider and report
21upon bills and matters referred to it relating to public

 

 

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1health, emergency medical services, nursing homes,
2vaccinations, and like issues.
 
3    The Committee on REVENUE shall consider and report upon
4bills and matters referred to it relating to levying,
5increasing, reducing, collecting, enforcing, and
6administrating taxes and other revenue-producing measures.
 
7    The Committee on STATE GOVERNMENT shall consider and
8report upon bills and matters referred to it relating to state
9government and state agencies, except where the subject matter
10relates more appropriately to another committee, state
11procurement, statutory revisions, and the management of state
12facilities and property.
 
13    The Committee on TELECOMMUNICATIONS AND INFORMATION
14TECHNOLOGY shall consider and report upon bills and matters
15referred to it relating to technology, telecommunications, and
16the regulatory and privacy issues involved with technology and
17telecommunications.
 
18    The Committee on TRANSPORTATION shall consider and report
19upon bills and matters referred to it relating to motor
20vehicles; traffic regulation, highways, railways, airports,
21air transportation, common carriers or other forms of
22transportation, and ports, harbors, and docks.
 

 

 

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1    The Committee on VETERANS AFFAIRS shall consider and
2report upon bills and matters referred to it relating to
3military affairs, the National Guard, Reserve and veterans.
 
4    AGRICULTURE
 
5    APPROPRIATIONS
 
6    BEHAVIORAL AND MENTAL HEALTH
 
7    COMMERCE
 
8    CRIMINAL LAW
 
9    EDUCATION
 
10    ENERGY AND PUBLIC UTILITIES
 
11    ENVIRONMENT AND CONSERVATION
 
12    ETHICS
 
13    EXECUTIVE
 
14    EXECUTIVE APPOINTMENTS
 

 

 

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1    FINANCIAL INSTITUTIONS
 
2    HEALTH
 
3    HEALTHCARE ACCESS AND AVAILABILITY
 
4    HUMAN RIGHTS
 
5    HIGHER EDUCATION
 
6    INSURANCE
 
7    JUDICIARY
 
8    LABOR
 
9    LICENSED ACTIVITIES
 
10    LOCAL GOVERNMENT
 
11    PENSIONS
 
12    PUBLIC SAFETY
 
13    REDISTRICTING
 

 

 

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1    REVENUE
 
2    STATE GOVERNMENT
 
3    TOURISM AND HOSPITALITY
 
4    TRANSPORTATION
 
5    VETERANS AFFAIRS
6(Source: S.R. 2, 102nd G.A.)
 
7    (Senate Rule 3-8)
8    3-8. Referrals to Committees.
9    (a) All Senate Bills and House Bills shall, after having
10been initially read by the Secretary, be automatically
11referred to the Committee on Assignments, which, at its next
12meeting, shall may thereafter refer any bill before it to the
13appropriate a committee. The Committee on Assignments shall
14may refer any resolution before it to the appropriate a
15committee or approve the resolution for consideration. The
16Committee on Assignments shall assign all Senate Bills and
17House Bills to the appropriate subject-matter committee. A
18committee's subject-matter jurisdiction extends to all matters
19reasonably comprehended in the name of the committee and
20pursuant to Rule 3-4. No bill or resolution may be referred to

 

 

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1a committee except pursuant to this Rule or Rule 7-17. A
2standing or special committee may refer a matter pending in
3that committee to a subcommittee of that committee. When the
4Committee on Assignments is of the opinion that a legislative
5measure should be considered by more than one committee, at
6the time of referring it, the Committee may direct that when
7the committee to which it is referred completes its
8consideration thereof and makes a recommendation with respect
9thereto, the committee's report shall also recommend that it
10be referred to the additional committee or committees as
11directed by the Committee on Assignments. When a legislative
12measure is so reported, it shall automatically be referred as
13directed. Except for subcommittees created under Rule
143-3(a-5), the Committee on Assignments may not refer a
15legislative measure to any subcommittee of a standing or
16special committee.
 
17    (b) All floor amendments, joint action motions for final
18action, and conference committee reports shall, upon filing
19with the Secretary, be automatically referred to the Committee
20on Assignments. No such amendment, joint action motion, or
21conference committee report may be considered by the Senate
22unless approved for consideration by the Committee on
23Assignments. The Committee on Assignments may approve for
24consideration to the Senate any floor amendment, joint action
25motion for final action, or conference committee report that:

 

 

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1(i) consists of language that has previously been favorably
2reported to the Senate by a committee; (ii) consists of
3technical or clarifying language; or (iii) consists of
4language deemed by the Committee on Assignments to be of an
5emergency nature, of substantial importance to the operation
6of government, or in the best interests of Illinois. The
7Committee on Assignments may refer any floor amendment, joint
8action motion for final action, or conference committee report
9to a committee for its review and consideration (in those
10instances, and notwithstanding any other provision of these
11Senate Rules, the committee may hold a hearing on and consider
12those legislative measures pursuant to twenty-four hours
13one-hour advance notice, with the exception of amendments to
14appropriations bills which require seventy-two hour advance
15notice). Any floor amendment, joint action motion for final
16action, or conference committee report that is not approved
17for consideration or referred by the Committee on Assignments,
18and is attempted to be acted upon by a committee shall be out
19of order, except as provided for under Rule 8-4.
 
20    (b-1) A floor amendment filed by the chief sponsor of a
21bill shall be automatically referred to the standing committee
22from which the bill was reported (or to another standing
23committee as the Committee on Assignments may determine) upon
24adjournment of the Senate on the third regular session day
25following the day on which the floor amendment was filed,

 

 

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1unless (i) the Committee on Assignments referred the floor
2amendment to a standing committee or acted on the floor
3amendment in the first instance and referred it to the Senate
4for consideration; (ii) the bill is no longer pending before
5the Senate; (iii) the floor amendment deals with the subject
6of appropriations or State revenue; or (iv) the Committee on
7Assignments has determined by a majority vote that the floor
8amendment substantively alters the nature and scope of the
9underlying bill. If the Committee on Assignments makes a
10determination under item (iv) of this subsection, then the
11Committee on Assignments shall may, in its discretion, (A)
12refer the floor amendment to the appropriate any standing
13committee or (B) not refer the floor amendment to any other
14committee.
 
15    (c) All committee amendments shall, upon filing with the
16Secretary, be automatically referred to the Committee on
17Assignments. No committee amendment may be considered by a
18committee unless the committee amendment is referred to the
19committee by the Committee on Assignments and the committee
20amendment has first been made available electronically or
21otherwise for not less than twenty-four hours, with the
22exception of amendments to appropriations bills which require
23seventy-two hour advance notice one hour. Any committee
24amendment referred by the Committee on Assignments shall be
25referred to the committee before which the underlying bill or

 

 

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1resolution is pending. Any committee amendment that is not
2referred by the Committee on Assignments to a committee, and
3is attempted to be acted upon by a committee shall be out of
4order.
 
5    (c-1) A committee amendment filed by the chief sponsor of
6a bill shall be automatically referred to the standing
7committee to which the bill was assigned upon adjournment of
8the Senate on the third regular session day following the day
9on which the committee amendment was filed, unless (i) the
10Committee on Assignments referred the committee amendment to
11the standing committee to which the bill was assigned; (ii)
12the bill is no longer pending before the committee; (iii) the
13committee amendment deals with the subject of appropriations
14or State revenue; or (iv) the Committee on Assignments has
15determined by a majority vote that the committee amendment
16substantively alters the nature and scope of the underlying
17bill. If the Committee on Assignments makes a determination
18under item (iv) of this subsection, then the Committee on
19Assignments shall may, in its discretion, (A) refer both the
20bill and the committee amendment to the appropriate any
21standing committee or (B) not refer the committee amendment to
22any other committee.
 
23    (d) The Committee on Assignments may at any time re-refer
24a legislative measure from a committee to a Committee of the

 

 

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1Whole or to any other appropriate committee. However, the
2Committee on Assignments may not re-refer a bill from a
3committee to a Committee of the Whole or any other committee
4unless the Chair of the committee to which the bill was
5originally referred consents in writing to the re-referral.
 
6    (d-5) Notwithstanding any other provision of these Senate
7Rules, any bill pending before the Committee on Assignments
8shall be immediately referred to the indicated standing
9committee if the chief sponsor of the bill files a discharge
10motion for that bill that is signed by no less than
11three-fifths of the members of both the majority and minority
12caucus, and each of the members signing the discharge motion
13is a sponsor of the bill. This subsection does not apply to
14bills dealing with the subject of appropriations or State
15revenue.
 
16    (e) This Rule may be suspended by a vote of three-fifths of
17the members elected.
18(Source: S.R. 2, 102nd G.A.)
 
19    (Senate Rule 3-11)
20    3-11. Committee Procedure.
21    (a) A committee may consider any legislative measure
22referred to it and may make with respect to that legislative
23measure one of the following reports to the Senate or to the

 

 

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1parent committee, as appropriate:
 
2        (1) that the bill "do pass";
 
3        (2) that the bill "do not pass";
 
4        (3) that the bill "do pass as amended";
 
5        (4) that the bill "do not pass as amended";
 
6        (5) that the resolution "be adopted";
 
7        (6) that the resolution "be not adopted";
 
8        (7) that the resolution "be adopted as amended";
 
9        (8) that the resolution "be not adopted as amended";
 
10        (9) that the floor amendment, joint action motion, or
11    conference committee report "recommend do adopt";
 
12        (10) that the floor amendment, joint action motion, or
13    conference committee report "recommend do not adopt";
 
14        (11) "without recommendation";
 

 

 

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1        (12) that the legislative measure "be re-referred to
2    the Committee on Assignments";
 
3        (13) that the Appointment Message be reported "do
4    recommend consent"; or
 
5        (14) that the Appointment Message be reported "do not
6    recommend consent".
 
7No second shall be required to any motion presented in
8committee. Any of the foregoing reports may only be made upon
9the concurrence of a majority of those appointed. All
10legislative measures reported "do pass", "do pass as amended",
11"be adopted", "be adopted as amended", or "be approved for
12consideration" shall be deemed favorably reported to the
13Senate. All Appointment Messages reported "do recommend
14consent", "do not recommend consent", or "without
15recommendation" shall be deemed reported to the Senate. Except
16as otherwise provided by these Senate Rules, any legislative
17measure referred to a committee and not reported pursuant to
18this Rule shall remain in that committee. Pursuant to Rules
193-11(g) and 7-10, a committee may report a legislative measure
20as tabled.
 
21    (b) No bill that provides for an appropriation or
22expenditure of money from the State Treasury may be considered

 

 

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1for passage by the Senate unless it has first been reported to
2the Senate by an Appropriations Committee, unless:
 
3        (1) the bill was discharged from an Appropriations
4    Committee in accordance with Rule 7-9;
 
5        (2) the bill was exempted from this requirement by a
6    majority of those appointed to the Committee on
7    Assignments; or
 
8        (3) this Rule was suspended in accordance with Rule
9    7-17.
 
10    (c) The Chair of each committee shall keep, or cause to be
11kept, a record in which there shall be entered:
 
12        (1) The time and place of each meeting of the
13    committee.
 
14        (2) The attendance of committee members at each
15    meeting.
 
16        (3) The votes cast by the committee members on all
17    legislative measures acted upon by the committee.
 
18        (4) All witness slips that may have been presented to

 

 

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1    the committee.
 
2        (5) Such additional information as may be requested by
3    the Secretary.
 
4    (d) The committee Chair shall file with the Secretary,
5along with every bill or resolution reported upon, a sheet
6containing such information as is required by the Secretary.
7The Secretary may adopt forms, policies, and procedures with
8respect to the preparation, filing, and maintenance of these
9reports.
 
10    (e) Except as provided in Rule 3-5 or 3-8 or unless this
11Rule is suspended pursuant to Rule 7-17, no committee may
12consider or conduct a hearing with respect to a legislative
13measure absent notice first being given as follows:
 
14        (1) The Chair of the committee shall, no later than
15    six days before any proposed hearing, post a notice on the
16    Senate bulletin board, or electronically make the notice
17    available, identifying each legislative measure that may
18    be considered during that hearing. The notice shall
19    contain the day, hour, and place of the hearing.
 
20        (2) Meetings of the Committee on Assignments may be
21    called pursuant to Rule 3-5; meetings of committees to

 

 

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1    consider floor amendments, joint action motions, and
2    conference committee reports may be called pursuant to
3    Rule 3-8.
 
4        (3) The Chair shall, in advance of a committee
5    hearing, notify all principal sponsors of legislative
6    measures posted for hearing of the date, time, and place
7    of hearing. When practicable, the Secretary shall include
8    a notice of all scheduled hearings, together with all
9    posted bills and resolutions, in the Daily Calendar of the
10    Senate.
 
11Irrespective of whether a legislative measure has been posted
12for hearing, it shall be in order for a committee during any of
13its meetings to refer that legislative measure pending before
14it to a subcommittee of that committee.
 
15    (f) Other than the Committee on Assignments and properly
16convened committees as permitted by Rule 4-1(c), no committee
17may meet during any session of the Senate, and no commission
18created by Illinois law that has legislative membership may
19meet during any session of the Senate. A perfunctory session
20is not deemed to be a session for the purposes of this
21provision.
 
22    (g) Regardless of whether notice has been previously

 

 

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1given, it is always in order for a committee to order any
2legislative measure pending before it to lie on the table when
3the principal sponsor so requests. When reported to the
4Senate, such committee action shall stand as the action of the
5Senate.
 
6    (h) When a committee fails to report a legislative measure
7pending before it to the Senate, or when a committee fails to
8hold a public hearing on a legislative measure pending before
9it, a majority of the committee, by written petition, may
10require the Chair to schedule a committee hearing to hear the
11bill or resolution and related subject-matter testimony the
12exclusive means of bringing that legislative measure directly
13before the Senate for its consideration is pursuant to Rule
147-9.
 
15    (i) No legislative measure may be called for a vote in
16committee in the absence of the principal sponsor, except
17that, with the approval of the principal sponsor and the
18consent of the committee, a legislative measure may be called
19for a vote in committee by a chief cosponsor of the legislative
20measure or by a member of the committee who is a member of the
21same caucus as the principal sponsor.
 
22    (j) A committee may conduct a legislative investigation
23with regard to legislative measures pending before the

 

 

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1committee.
2(Source: S.R. 2, 102nd G.A.)
 
3    (Senate Rule 3-12)
4    3-12. Committee Reports.
5    (a) All bills favorably reported to the Senate from a
6committee or directed committees, or with respect to which a
7committee has been discharged, shall stand on the order of
8Second Reading unless otherwise ordered by the Senate, and may
9be amended only on Second Reading. Bills reported to the
10Senate from committee "do not pass", "do not pass as amended",
11or "without recommendation" shall lie on the table.
 
12    (b) All floor amendments, joint action motions, and
13conference committee reports favorably reported to the Senate
14from a committee shall be before the Senate and eligible for
15consideration by the Senate when it is on an appropriate order
16of business (floor amendments may be considered by the Senate
17only when the bill to be amended is on Second Reading). All
18floor amendments, joint action motions, and conference
19committee reports that are reported to the Senate from
20committee "recommend do not adopt" or "without recommendation"
21shall lie on the table.
 
22    (c) All resolutions favorably reported to the Senate from
23a committee, or with respect to which a committee has been

 

 

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1discharged, shall stand on the order of Resolutions. All
2resolutions that are reported to the Senate from committee "be
3not adopted", "be not adopted as amended", or "without
4recommendation" shall lie on the table. Floor amendments to
5resolutions shall be subject to the same procedure applicable
6to floor amendments to bills.
 
7    (d) All Appointment Messages reported to the Senate from a
8committee or directed committees, or with respect to which a
9committee has been discharged, shall stand on the order of
10Executive Appointments.
 
11    (e) The minority of a committee may make a report in
12writing, signed by at least two members of the committee,
13setting forth succinctly the reasons for their dissent. The
14names of those members of the committee who concur with the
15minority report may be included in the report. Notice of a
16minority report must be given when the majority report is read
17and shall be recorded in the Journal of the Senate. A minority
18report must be filed with the Secretary of the Senate before
19the Third Reading and consideration of the bill or resolution
20dissented to and shall also become a part of the official
21archives of the Senate.
22(Source: S.R. 2, 102nd G.A.)
 
23    (Senate Rule 7-9)

 

 

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1    7-9. Discharge of Committee.
2    (a) A committee may be discharged from further
3consideration of a legislative measure by a vote of a majority
4three-fifths of the members elected. Upon concurrence of a
5majority of those appointed, the Committee on Assignments may
6advance any legislative measure pending before it to the
7Senate without referral to another committee; however, the
8Committee on Assignments shall not so report any bill that has
9never been before a standing committee of the Senate.
 
10    (b) This Rule may be suspended by a vote of three-fifths of
11the members elected.
12(Source: S.R. 2, 102nd G.A.)
 
13    (Senate Rule 11-3 new)
14    11-3. Special Investigating Committee.
15    (a) Disciplinary proceedings may be commenced by filing
16with the President and the Minority Leader a petition, signed
17by 3 or more members of the Senate, for a special investigating
18committee. The petition shall contain the alleged charge or
19charges that, if true, may subject the member named in the
20petition to disciplinary action by the Senate and may include
21any other factual information that supports the charge or
22charges.
 
23    (b) Upon filing the petition, a special investigating

 

 

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1committee consisting of 6 members shall be created. The
2President shall appoint 3 members from the majority caucus and
3the Minority Leader shall appoint 3 members from the minority
4caucus. The President shall appoint the Chairperson from among
5the 6 members. Members signing the petition may not be
6appointed to the special investigating committee. If the
7President is the subject of inquiry of the Special
8Investigating Committee, the President shall not appoint any
9members and instead the majority caucus shall appoint 3
10members to the committee. If the Minority Leader is the
11subject of inquiry of the Special Investigating Committee, the
12Minority Leader shall not appoint any members and instead the
13minority caucus shall appoint 3 members to the committee. The
14contents of a petition for a special investigating committee
15shall be confidential until the appointment of all members
16except as to the member named, the members signing it, the
17President, the Minority Leader, and the members of a special
18investigating committee.
 
19    (c) The Chairperson shall give reasonable notice of all
20meetings to the member named in the petition and to the public.
21All meetings of the special investigating committee shall be
22open to the public, unless, pursuant to Article IV, Section
235(c) of the Illinois Constitution, the Senate votes by the
24affirmative vote of two-thirds of the members to hold
25proceedings in executive session. The Secretary shall keep an

 

 

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1audio recording and transcript of all meetings.
 
2    (d) The member named in the petition has the right to
3counsel during all meetings of the special investigating
4committee.
 
5    (e) The Chairperson may establish procedural rules
6(subject to the approval of the President). The Committee may,
7in the discretion of the Chairperson, administer oaths and
8compel by subpoena (subject to Rule 2-5(c)(9)) any person to
9appear and give testimony as a witness or produce papers,
10documents, or other materials relevant to the charge or
11charges.
 
12    (Senate Rule 11-4 new)
13    11-4. Investigation.
14    (a) At the initial meeting of the special investigating
15committee, the Chairperson shall enter the petition into the
16record.
 
17    (b) The special investigating committee shall conduct a
18thorough investigation of all charges alleged in the petition.
19The special investigating committee shall meet as often as
20necessary and consider any information or testimony it deems
21relevant to the charges alleged in the petition, regardless of
22whether such information was contained in the petition or is

 

 

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1discovered through subsequent investigation.
 
2    (c) The special investigating committee shall give the
3member named in the petition an opportunity to be present at
4all meetings and to testify or otherwise present any relevant
5information.
 
6    (d) The special investigating committee shall determine if
7reasonable grounds exist to authorize charges against the
8member named in the petition that may result in disciplinary
9action by the Senate. The special investigating committee
10shall vote on each charge alleged in the petition by record
11vote. A motion to authorize a charge requires the affirmative
12vote of a majority of those appointed.
 
13    (Senate Rule 11-5 new)
14    11-5. Report of the Special Investigating Committee.
15    (a) The special investigating committee shall file with
16the Secretary a written report that includes, at a minimum, a
17summary of each charge alleged in the petition, the vote on
18each charge alleged in the petition, and the reasons the
19committee did or did not authorize each charge against the
20member. Any member of the special investigating committee may
21include a supplemental statement in the report, either
22concurring with or dissenting from all or part of the report,
23or explaining a reason for his or her vote on a charge. The

 

 

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1report shall be signed by all of the members of the special
2investigating committee, regardless of their original vote in
3the committee proceedings on whether to authorize charges.
 
4    (b) If a majority of those appointed determines that
5reasonable grounds exist to authorize a charge or charges,
6then for each authorized charge the report shall include a
7statement of the authorized charge and any factual information
8supporting that charge. Within the report, the special
9investigating committee shall appoint 2 members of the Senate,
10one from the majority caucus and one from the minority caucus,
11who are not members of the special investigating committee and
12did not sign the petition, to be managers for the Senate at the
13hearing on the authorized charge or charges.
 
14    (Senate Rule 11-6 new)
15    11-6. Select Committee on Discipline.
16    (a) If a special investigating committee authorizes
17charges against any member of the Senate, the President and
18the Minority Leader shall appoint a select committee on
19discipline to hear and determine those charges. The select
20committee shall consist of 12 members of the Senate, 6 of whom
21shall be appointed by the President from the majority caucus
22and 6 of whom shall be appointed by the Minority Leader from
23the minority caucus. The President shall appoint a Chairperson
24from among the 12 members. No member who signed the petition or

 

 

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1served on the special investigating committee may be appointed
2to the select committee.
 
3    (b) All appointments to a select committee shall be
4completed and the select committee shall convene within 30
5days after the filing of a report issued by the special
6investigating committee.
 
7    (c) The Chairperson shall give reasonable notice of all
8meetings to the member named in the petition and to the public.
9All meetings of the select committee shall be open to the
10public, unless, pursuant to Article IV, Section 5(c) of the
11Illinois Constitution, the Senate votes by the affirmative
12vote of two-thirds of the members to hold proceedings in
13executive session. The Secretary shall keep an audio recording
14and transcript of all meetings.
 
15    (d) The Chairperson may establish procedural rules
16(subject to the approval of the President). The select
17committee may, at the discretion of the Chairperson,
18administer oaths and compel by subpoena (subject to Rule
192-5(c)(9)) any person to appear and give testimony as a
20witness or produce papers, documents, or other materials
21relevant to the charge or charges.
 
22    (Senate Rule 11-7 new)

 

 

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1    11-7. Hearings on Disciplinary Charges.
2    (a) Proceedings before the select committee shall be
3adversarial in form, with the managers for the Senate
4presenting the case for disciplinary action. The member
5subject to charges has the right to counsel during all
6hearings of the select committee.
 
7    (b) Stipulations of fact shall be encouraged by the select
8committee.
 
9    (Senate Rule 11-8 new)
10    11-8. Report of the Select Committee on Discipline.
11    (a) The select committee shall vote on each charge by
12record vote. For each charge the select committee shall vote
13on the question, "Is the Member at fault on this charge?" If a
14majority of those appointed vote in the affirmative, the
15member shall be found at fault on that charge. If less than a
16majority of those appointed vote in the affirmative, it shall
17be reported that there is insufficient evidence to find the
18member at fault on that charge.
 
19    (b) If the select committee finds the member at fault on
20any charge, the committee shall adopt a recommendation for
21disciplinary action. The committee may recommend a reprimand,
22a censure, expulsion from the Senate, or that no penalty be
23invoked. The recommendation on disciplinary action requires an

 

 

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1affirmative vote of the majority of those appointed. If a
2majority of those appointed cannot, by record vote, agree on a
3penalty, it shall report a recommendation that no penalty be
4invoked.
 
5    (c) The select committee shall file a report of its
6findings on each charge. The report shall include, at a
7minimum, the vote of the committee on each charge, the reasons
8for each conclusion, and any recommendation as to a penalty
9for a finding of fault on a charge. Any member of the select
10committee may include a supplemental statement in the report,
11either concurring with or dissenting from all or part of the
12report, or explaining a reason for his or her vote on a charge.
 
13    (d) If the select committee finds the member at fault on
14any charge, the select committee shall file a resolution that
15includes its findings, the charge, and the recommended penalty
16for that charge. Separate resolutions must be filed for each
17charge.
 
18    (Senate Rule 11-9 new)
19    11-9. Senate Action on the Report of the Select Committee
20on Discipline.
21    (a) The report of a select committee and any accompanying
22resolution shall be filed with the Secretary and reproduced
23and distributed as provided in Rule 5-4. The report and any

 

 

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1accompanying resolutions shall be placed on the calendar under
2the heading "Report and Resolutions of Select Committee on
3Discipline". The report and resolutions shall be carried on
4the Daily Calendar for 2 legislative days before any action by
5the Senate.
 
6    (b) The Senate shall take action by a record vote on each
7resolution. The Senate may amend a resolution for disciplinary
8action to decrease the recommended penalty by a record vote of
9a majority of the members elected.
 
10    (c) A resolution finding a member at fault regarding a
11charge may be adopted only by the affirmative vote of
12three-fifths of the members elected, except that a resolution
13the effect of which is to expel a member may be adopted only by
14the affirmative vote of two-thirds of the members elected.