Officers of the Senate. 5. The Lieutenant Governor of the State shall, by virtue of his office, be President of the Senate; decide all questions of order, subject to appeal by any member; have direction and control of all committee clerks and employes of the Senate and assign them to their duties. He shall have control of such parts of the capitol as have been, or may be, set apart for the use of the Senate and its officers. He shall have the right to name a member to perform the duties of the chair, but such substitution shall not extend beyond such time as a majority of the Senators present vote to elect another member in the place of the member so called to the chair by the Lieutenant Governor, and a motion shall be in order at any time such substitute is presiding to elect another member to preside, and if a majority of the Senators present so vote the member called to the chair by the Lieutenant Governor or by the President Pro Tem. of the Senate shall vacate the chair and the member elected by a majority shall preside until the Lieutenant Governor or President Pro Tem. shall take the gavel and preside. 6. The Senate shall, at the beginning and close of each session and at such other times as may be necessary, elect one of its members President pro tempore, who shall perform the duties of Lieutenant Governor in any case of absence or disability of that officer, and whenever the said office of Lieutenant Governor shall be vacant. ator when addressed in proper order, or to entertain the motion, point of order, or appeal of any Senator, or to pass upon the same, or to recognize a Senator to make the demand when seconded by ten Senators that a point of order under discussion be immediately decided, then the Senator seeking recognition may rise in his seat and without recognition read a written demand upon the Senator presiding, provided the same is signed by a majority of the Senators present, and if the Senator presiding persists in his refusal, then any number of Senators constituting a majority of the Senators present, may present such written demand to the Sergeant-at-Arms, or the Assistant Sergeant-at-Arms, and such written demand shall be a full and suffici ent warrant for arrest, empowering such officer, or either of them, to arrest said Senator so presiding and eject him from the chair, and retain him under arrest until he shall be released by order of the Senate. Should the Sergeant-at-Arms or Assistant Sergeant-at-Arms fail or refuse to act and carry out such demand, they shall be removed from office on a majority vote of the Senate. When such Senator is removed as aforesaid and the chair remains vacant, the Secretary shall call the Senate to order and a President Pro Tempore Ad Interim shall be elected to preside until the Lieutenant Governor or regularly elected President Pro Tem. shall appear and take the gavel. As soon as order is restored the Chair shall cause a record of the fact of removal to be made. 7. A Secretary, Assistant Secretary, Journal Clerk, Assistant Journal Clerk, Calendar Clerk, Engrossing Clerk, Enrolling Clerk, Sergeant-at-Arms, Assistant Sergeant-at-Arms, Doorkeeper, Assistant Doorkeeper, Chaplain and such other officers as a majority vote may determine to be necessary, shall be elected at the opening of the session of the Legislature to continue in office until discharged by the Senate; who shall perform such duties as may be incumbent upon them in their respective offices, under the direction of the Sen 6a. If any Senator other than the regularly elected President Pro Tem. be presiding and fails or refuses to recognize any Senator to make a motion that is in order, or to raise a point of order, that it is in order to raise, or fails or refuses to entertain an appeal from his decision, or to put such question to the Senate, or fails to recognize any Senator to demand that a point of order under discussion be immediately decided, or fails to put the question, if seconded by ten Senators, "Shall the point of order be now decided," such Senator so offending shall be deemed guilty of violating the high privileges of the Senate, and the members thereof, and shall be in contempt of the Senate, and until such offending Senator shall purge himself of such contempt and be excused by the Senate, he shall not again be called to the chair during be kept open, except when there is the Session. If such Senator so presid- an executive session. (Constitution, ing shall refuse to recognize any Sen: Art. III, Sec. 16.) ate. Open Doors. 8. The doors of the Senate shall Order of Business. 9. The presiding officer shall take the chair at the hour to which the Senate last adjourned. 10. The names of the Senators shall be called alphabetically; should a quorum not be in attendance a majority of those present shall be authorized to send the Sergeant-atArms, or a special messenger, for the absentees; when there is a quorum present the Journal of the preceding day shall be read and corrected if necessary. (Constitution, Art. III, Sec. 10.) 11. The President shall then call: For petitions and memorials; For reports from standing (1) (2) committees; (3) On Wednesday and Thursday of each week only House bills on their third and second reading, respectively, shall be taken up and considered until disposed of, and in case one should be pending at adjournment on Thursday it shall go over until the succeeding day, Friday, until disposed of; and it shall require four-fifths of the Senators present to suspend this rule; (4) For reports from select committees; (5) For bills and resolutions, which shall conclude the morning call, and which the President shall announce to the Senate; (6) For the special order; (7) For unfinished business; (8) For business on the President's table, which shall be disposed of in the following order: cial order is not reached or considered at the time fixed, it shall not lose its place as a special order. Provided, that any special order shall be subject to Rule 61, providing that the order of business may be postponed or changed by two-thirds vote of all members present. Decorum and Debate. 13. When a Senator is about to speak in debate, or to communicate any matter to the Senate, he shall rise in his place and address the President. 14. When two or more members rise at once the presiding officer shall decide which one shall speak first, but from his decision an appeal without debate may be taken to the Senate by any member. 15. No member shall speak more than once in any one debate until every member desiring to do so shall have spoken; nor shall any member speak more than twice in any one debate without leave of the Senate. 16. When a member shall be called to order by the President, or by a Senator, he shall sit down and not be allowed to speak, except to the point of order, until the question of order be decided. If the decision be in his favor, he shall be at liberty to proceed; if otherwise, he shall not proceed without leave of the Senate. 17. If a member be called to order for using exceptionable words, they shall be immediately taken down in writing, that the President may be better enabled to judge them. 18. Every question of order shall (2) Messages and executive com- in the first instance be decided by munications; (1) Simple resolutions; (3) House bills on third reading; (4) Senate bills on third read ing; ing; the President, from whose decision any member may appeal to the Senate. 19. While the President is putHouse bills on second read- ting the question or addressing the Senate he shall not be interrupted. (5) (6) Senate bills on second reading: Senate bills and resolutions with House amendments may be called up at any time as privileged questions. 12. A special order shall be considered at a time for which it is set and considered from day to day until disposed of, unless at the time so fixed there is pending business under a special order, but such business may be suspended by a majority vote of all the members present in order to consider a special order. If a spe 20. While a member has the floor no member shall interrupt him or otherwise interrupt the business of the Senate except for the purpose of calling him to order or for the purpose of moving the previous question or for the purpose of demanding that a point of order under discussion or consideration be immediately decided, and any member shall, though another member have the floor, be recognized by the presiding officer, and be in order to call to order the member, or to move the pre vious question, or to demand that in its presence, or for obstructing a point of order be immediately de- any of its proceedings. (Constitucided. tion, Art. III, Sec. 15.) 21. When a question is under consideration by the Senate no motion shall be made except 25. Any member, who shall receive or offer a bribe, or who shall suffer his vote influenced by promise To fix the day to which the Senate of perferment or reward, shall, on shall adjourn or recess; To adjourn or recess; To proceed to the transaction of executive business; The previous question; To postpone to a time certain; To commit with instructions; To postpone indefinitely; conviction, be expelled. 26. Bills. No bill shall have the force of a law until it has been read on three several days in each house, and free discussion allowed thereon; but in case of imperative public necessity (which necessity shall be stated in a preamble or in the body of the bill) four-fifths of the house in which the bill may be pending may suspend this rule, the yeas and nays being taken entered upon the Journals. (Constion the question of suspension and tution, Art. III, Sec. 32.) 27. The President shall, at each reading, announce whether the bill originated in the Senate or House of Representatives, and whether it be the first, second or third reading. 21a. Pending the reading of any bill or any resolution introduced or offered by any member, the foregoing privileged motions shall be in order, and any member shall be recognized by the presiding officer and be in order to make any such motions, or to move that the first reading of such bill or resolution be, for the time, dispensed with, and that the bill or resolution lie on the table until for the purpose of giving it a first reading, it is taken off the table by a majority vote of the Sen-mittee. ate. 22. No debate shall be allowed on a motion to lay on the table, for the previous question, or to adjourn, or recess. 22a. When any Senate bill shall be reached upon the calendar or shall be before the Senate for consideration, it shall be the duty of the President to give the place of such bill on the calendar to any House bill which has been referred to and reported from a committee of the Senate containing the same subject, or to lay such House bill before the Senate to be considered in lieu of such Senate bill. 23. The Senate may punish any member for disorderly conduct, and with the consent of two-thirds may expel a member; but not a second time for the same offense. (Constitution, Art. III, Sec. 11) 28. A bill, when introduced, shall be read and referred to a committee. The first reading of a bill, if a Senate bill, shall be the reading thereof, when first introduced; if a House bill, the reading thereof when submitted to the Senate And all House bills, when received in the Senate, shall be read and referred to a com No action shall be taken upon a bill accepting, rejecting or amending the same until it has been reported upon by a committee. And it shall be the duty of each committee of the Senate when there has been referred to it or is before it for consideration a Senate bill and a House bill containing the same subject, to first consider and report upon the House bill. 29. No motion shall be necessary to pass a bill to its second reading. The main question on the second reading of the bill shall be, if a Senate bill, “shall this bill be engrossed and passed to third reading?" and if it be a House bill, "shall this bill pass to a third reading?" 30. No bill shall be considered unless it has first been referred to a committee and reported thereon; and no bill shall be passed which has not been presented and referred to a 24. The Senate, during its ses- committee at least three days before sion, may imprison for forty-eight the final adjournment of the Legislahours any person, not a member, for ture. (Constitution, Art. III, Sec. disrespectful or disorderly conduct 37.) And no vote shall be taken upon the passage of any bill within the last twenty-four hours of the session, unless it be to correct an error therein. 31. No amendment shall be adopted at the third reading of a bill without the consent of two-thirds of the members present. 32. It shall be in order at the third reading of a bill to move its reference to a committee; and should such motion prevail and the same be reported back to the Senate, the said bill shall be considered as on its second reading. 33. The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the Legislature, after their titles have been publicly read before signing, and the fact of signing shall be (Constitu entered on the Journals. tion, Art. III, Sec. 38.) Substitute Bills. 34. When the House of Representatives shall adopt and send to the Senate a substitute for a bill that had previously passed the Senate and been sent to the House, said substitute shall be acted upon by the Senate in the same manner as a bill that originated in the House of Representatives; and any amendment which is in effect a substitute shall be considered a substitute bill. Resolutions. 35. Every resolution that requires the approval of the Governor shall be subject to the rules that govern the proceedings on bills. 36. All resolutions, except those named in the preceding rule, shall be acted on upon their introduction, or on motion postponed or referred to an appropriate committee. Amendments to the Constitution. cidental question short of the final question. Motions. 38. All motions shall be reduced to writing and read by the Secretary, if desired by the presiding officer or any Senator present. 39. After a motion has been stated by the President, or read by the Secretary, it shall be deemed to be in possession of the Senate; but it may be withdrawn at any time before it has been amended or decided. 40. On motion to fix a sum or state a time, the largest sum and the longest time shall have precedence. 41. Any member may have the question before the Senate divided, if it be susceptible of a division, into distinct questions; but on a motion to strike out and insert, it shall not be in order to move for a division of the question; but the rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition; nor prevent a subsequent motion simply to strike out; nor shall the rejection of a motion simply to strike out prevent a subsequent motion to strike out and in sert. A motion to table shall only affect the matter to which it is directed, and a motion to table an amendment shall never have the effect of tabling the entire measure. 42. A motion to postpone, or to commit, having been once decided, shall not again be entertained on the same day, at the same stage of the bill or other question before the Senate. Petitions and Memorials. 43. Before any petition or memorial, addressed to the Senate, shall be received and read at the table, a brief verbal statement of its contents may be made by the person presenting it. Protests. 44. Any member shall have the privilege to have spread upon the Journal of the Senate his reason for any vote he may cast. 37. All amendments proposed to the Constitution shall be subject to the rules that govern the proceedings on bills, except that they shall in all cases be read on three several days, and shall only be passed by a vote of two-thirds of the members elected to the Senate. (Constitution, Art. XVII, Sec. 1.) When a proposed amendment to the Constitution may be under consideration, the votes of the majority of the members present shall be sufficient to decide an amendment thereto, or any collateral or in- be in writing. Reports. 45. All committee reports shall Equal Division of the Senate. 55. If the Senate be equally divided on any question, the Lieutenant Governor, if present, shall give the casting vote. (Constitution, Art. IV, Sec. 16.) 56. The President of the Senate, for the time being, shall not, by virtue of his office, be entitled to give the casting vote in any case. 57. If the Senate is equally divided on any question when the Lieutenant Governor is not present, such question or motion shall be lost. Yeas and Nays. 58. Upon the final passage of all amendments proposed to the Constitution, of all bills appropriating money or lands for any purpose, and of all questions requiring a vote of two-thirds, except a motion to suspend the rules, the presiding officer shall call for the yeas and nays, and they shall be entered on the Journal. 59. At the desire of any three members present, the yeas and nays shall be entered on the Journal, and the names of the members present and not voting shall be recorded immediately after those voting in the affirmative and negative, and such members shall be counted in determining the presence of a quorum. 60. Upon any roll call of the Senate, should any member who is within the Senate Chamber fail or refuse 51. After a question shall have been decided, either in the affirmative or negative, any member voting with the prevailing side may, on the same day in which the vote was taken, or within the next succeeding day of actual session, move the reconsideration thereof. When a bill, resolution, report. amendment, order or message upon which the vote was to answer when his name is called, taken shall have gone out of the possession of the Senate, and been communicated to the House of Representatives, the motion to reconsider shall be accompanied by a motion to request the House to return the same, which last motion shall be acted upon, and if determined in the negative, shall be a final disposition of the motion to reconsider. 52. In all cases a motion to reconsider shall be decided by a majority of the votes. 53. When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by a vote of the Senate, and without debate. Questions-Mode of Stating and 54. All questions shall be distinctly put by the President, and the members shall signify their assent or dissent by answering, "aye," or "no." the Secretary of the Senate shall, under the direction of the President of the Senate, record such member as present. Two-Thirds Vote-On What Questions Required. 61. A vote of two-thirds of all members elected to the Senate shall be required- (1) For ihe final passage of amendments to the Constitution. (Constitution, Art. VII, Sec. 1.) (2) For the final passage of bills (Constitution, Art. VII, Sec. 10.) exempting property from taxation. (3) For the final passage of bills to revoke or repeal private corporations. (4) For the final passage of bills to authorize the State to borrow money. (5) For the passage of bills that have been returned by the Governor, |