2004 Regular Session
By: Senator(s) Bryan, Little
A RESOLUTION PROVIDING FOR THE PERMANENT RULES OF THE SENATE.
BE IT RESOLVED BY THE MISSISSIPPI STATE SENATE, That the following be adopted as permanent rules:
1. The Lieutenant Governor shall be the President of the Senate. The President shall take the Chair at the hour to which the Senate shall have adjourned, shall call the Senate to order, and on the appearance of a quorum, shall proceed with the regular order of business.
2. The President shall preserve order and decorum, may speak to points of order in preference to other members, and shall decide all questions of order. The President's decision thereon shall be subject to an appeal to the Senate as provided in Rule 112 and may be denied or sustained by a majority of those present and voting.
3. The President shall rise to put a question but may state it sitting, and the President shall put the question in this form: "As many as are in favor (as the question may be) say 'Aye'," and, after the affirmative voice is had: "As many as opposed, say 'No'." If the President doubts or a division is called for, the Senate shall divide, and those in the affirmative shall rise first; then those in the negative. Count of division votes shall be made by the Secretary and announced by the President.
4. The President shall call some Senator to the Chair when the Senate goes into Committee of the Whole. The President shall have the right also during sessions of the Senate to name a Senator to perform the duties of the Chair, but such substitution shall not extend beyond adjournment of that legislative day. When both the Lieutenant Governor and the President Pro Tempore shall be absent, the Senate may call any Senator to preside from day to day during such absences.
7. The President shall appoint the membership of committees as provided in Rule 36 and Rule 37.
8. The President shall sign all bills, resolutions or measures; and all writs, warrants and subpoenas issued by the Senate shall be signed by the President and attested by the Secretary.
PRESIDENT PRO TEMPORE
9. There shall be elected a President Pro Tempore in the manner provided in Section 5-1-15, Mississippi Code of 1972. The President Pro Tempore shall not be eligible for appointment as chairman of any standing Senate committee, with the exception of the Rules Committee.
10. In the election of the President Pro Tempore, the candidate receiving the lowest number of votes shall be dropped after the first ballot and on each succeeding ballot until one (1) candidate receives a majority of all votes cast, and the vote shall be by viva voce vote on roll call of the members.
11. In the absence of the President, or at the President's request, the President Pro Tempore shall act in the President's stead, assuming the duties and responsibilities herein granted to the President.
12. The Secretary of the Senate shall keep a correct Journal of the proceedings of the Senate as provided by law. The Secretary shall be elected by the Senate and shall serve during the term of the Senate by which the Secretary was elected, unless removed as provided by Rule 65.
13. The Secretary shall insert in an appendix to the Journal the Rules of the Senate and the Joint Rules of the two (2) branches, and the constitutional provisions governing the powers and procedures of the Legislature.
14. The Secretary shall retain all bills, resolutions or other papers in reference to which any Senator has a right to move a reconsideration until the right to reconsideration has expired. This rule shall not apply when unanimous consent of the Senate shall be given to the Secretary to immediately transmit any such bill or resolution to the House of Representatives. However, the constitutional rights of Senators to enter motions to reconsider shall not be abridged.
15. In the event a bill or resolution is transmitted immediately to the House by unanimous consent and a proper motion to reconsider is later entered, it shall be the duty of the Secretary to recall by message such bill or resolution from the House, whereupon such bill or resolution shall take its proper place on the Calendar.
16. The Secretary shall keep a separate and distinct Journal of the proceedings of the Senate when in executive session.
17. The Secretary, with the approval of the Senate Rules Committee, shall provide for the appointment of Pages, whose salaries shall be fixed by the Rules Committee. Not more than six (6) Pages shall serve throughout the session as Senior Pages, and one (1) of these six (6) shall be designated as Head Page by the Secretary. Nominations of Pages by members of the Senate shall be submitted to the Secretary as soon as possible so that they may be properly scheduled. Pages shall be not less than fourteen (14) years of age.
19. There shall be an Assistant Secretary, and an additional Assistant Secretary when needed, appointed by the Senate Rules Committee. The duties of the Assistant Secretary shall be comparable to those of the Secretary.
20. The duties of the Sergeant-at-Arms shall be those enumerated in Section 5-1-35, Mississippi Code of 1972, and such other related duties as may be assigned by the Senate Rules Committee or the Senate. The Sergeant-at-Arms shall be elected by the Senate and shall serve during the term of the Senate by which the Sergeant-at-Arms was elected, unless removed as provided by Rule 65.
TIME OF CONVENING
21. The time of convening of the Senate, unless otherwise ordered by a majority vote of the Senators elected, shall be at ten o'clock A.M. each legislative day, except on Mondays when the time shall be two o'clock P.M.; and there shall be no Saturday or Sunday meetings unless specifically ordered by a majority vote of the Senators elected.
22. A quorum of the Senate shall consist of not less than twenty-seven (27) Senators.
23. A quorum of any standing committee, subcommittee or special committee shall consist of not less than a majority thereof.
24. Upon the appearance of lack of a quorum, the President or any Senator may demand a call of the Senate, but no such call shall be in order after the voting on any question has begun nor while any Senator is speaking. It shall be the duty of the Sergeant-at-Arms to search for absentee members and notify them of such call. By majority vote of Senators present and voting the Senate may direct the Sergeant-at-Arms to compel the attendance of absent Senators.
ORDER OF BUSINESS
25. The order of business shall be:
(1) Roll Call
(3) Pledge of Allegiance to the Flag of the United States of America
(4) Reading of the Journal
(5) Presentation of petitions
(6) Reports of standing committees
(7) Reports of select committees
(8) Introduction of bills and concurrent resolutions
(9) Reference of bills and concurrent resolutions
(10) Presentation of Senate resolutions
(11) Unfinished business
(12) Consideration of bills and resolutions
(13) At midnight on a deadline day, the Senate clock shall determine the end of that calendar day regardless of whether the Senate is then operating under the previous question. Any measure pending before the Senate on a deadline upon which the final vote has not been both taken and announced shall automatically fail, and no announcement to the contrary may be made by the Chair. If the Senate clock is not in working order, the Presiding Officer shall keep the time.
26. When the order of unfinished business is reached, the unfinished business in which the Senate was engaged at the time of last adjournment shall have precedence in the consideration of bills and resolutions, except as to special orders which shall have precedence.
27. The order of business for any day may be changed by a two-thirds (2/3) vote of the Senators present and voting; but when the Senate shall have passed from one order to another, no action shall be had on those passed except by a two-thirds (2/3) vote of the members present and voting.
27A. No Senator shall be allowed to interrupt the business for purposes of introducing guests. At appropriate times during the transacting of business, the presiding officer shall announce an opportunity for the Senators to recognize and introduce their guests.
28. No person shall be entitled to enter upon the floor of the Senate while in session except the following persons: members and their immediate families; elected state officials; former members of the Legislature, unless the former member is a registered lobbyist; officers and employees of the Senate; members, officers and employees of the House of Representatives; joint legislative employees; ministers or other official guests invited by the President on behalf of the Senate; and such others as the Rules Committee may designate by name. The Sergeant-at-Arms shall clear the Senate of all other visitors, with the exception of members of the news media with proper credentials issued by the Rules Committee, thirty (30) minutes before each session convenes and shall not allow other visitors on the floor of the Senate for ten (10) minutes after the session has recessed.
RULES - SUSPENSION AND ADOPTION
29. The rules of the Senate may be suspended upon motion by an affirmative vote of two-thirds (2/3) of the Senators present and voting, except where prohibited by the Constitution.
30. Temporary rules of the Senate may be adopted by resolution on a majority vote of the Senators present and voting, and such temporary rules may be designated by reference to the rules of a certain previous session. Permanent rules may be adopted by majority vote, and any subsequent changes therein or amendments thereto shall require one day's notice thereof by resolution entered in the Journal and adoption by a vote of two-thirds (2/3) of the Senators present and voting.
31. If any Senator, in speaking or otherwise, transgresses the rules of the Senate, the presiding officer shall, or any Senator may, call him to order; and when a Senator shall be called to order by the presiding officer or a Senator, the Senator shall sit down and shall not proceed without leave of the presiding officer or by a majority vote of the Senate.
32. No Senator shall absent himself from the Senate without leave. In case a less number than a quorum of the Senate shall convene, a majority of such number is empowered to direct the Sergeant-at-Arms or authorize any other person or persons to compel the attendance of absent Senators, and at the expense of the absent Senators, respectively, unless such excuse for nonattendance shall be made as the Senate by majority vote, when a quorum shall have convened, deems sufficient, in which case the expense shall be paid out of the Senate Contingent Fund.
33. Leave of absence may be granted to any Senator at his own request or at the request of another Senator.
34. No Senator shall entertain private discourse while the President is putting a question or addressing the Senate. Senators shall not be permitted to interrupt another while such other is speaking except by rising to call to order or as provided in Rule No. 69.
35. Members of the Senate, shall be held personally responsible for the return of bills, resolutions and other official records which they may receive from the Secretary's office.
35A. Whenever a Senator is on the floor of the Senate while the Senate is in session, each male Senator shall wear a coat and necktie, and each female Senator shall wear appropriate attire. Whenever a Senator is on the floor of the Senate while the Senate is in session, he or she shall not be allowed to smoke a cigarette, cigar or pipe or consume food.
35B. Smoking shall not be permitted in the Senate Chamber, the Senate Gallery or in any office on the third floor of the New Capitol Building under the jurisdiction of the Senate at any time. Each Senate committee has the option to develop a policy regarding smoking in the room in which the committee meets. As used in this rule, "smoking" means to inhale, exhale, burn, carry or otherwise possess any lighted cigarette, cigar, pipe or any other object or device of any form that contains lighted tobacco or any other smoking product. The Sergeant-at-Arms shall enforce the provisions of this Rule 35B.
35C. No person except for members of the news media with proper credentials issued by the Rules Committee may be admitted to the press table on the floor of the Senate for the purpose of transcribing the debates and proceedings of the Senate. No person except for news media with proper credentials issued by the Rules Committee shall take any photograph or transcribe debates and proceedings of the Senate in the Senate Gallery while the Senate is in session. No person shall be allowed to consume food or display any banner or sign in the Senate Gallery while the Senate is in session.
36. The following shall be standing committees of the Senate:
Agriculture..................................... 13 members
Appropriations.................................. 26 members
Business and Financial Institutions............. 13 members
Constitution..................................... 9 members
Corrections..................................... 11 members
County Affairs................................... 9 members
Economic Development and Tourism * * *.......... 15 members
Education....................................... 15 members
Elections........................................ 9 members
Environmental Protection, Conservation and
Water Resources............................ 15 members
Fees, Salaries and Administration............... 13 members
Finance......................................... 26 members
Forestry......................................... 9 members
Highways and Transportation..................... 19 members
Insurance....................................... 13 members
Interstate and Federal Cooperation............... 5 members
Judiciary, Division A........................... 15 members
Judiciary, Division B........................... 15 members
Labor............................................ 9 members
Local and Private................................ 5 members
* * *
Municipalities.................................. 11 members
Oil, Gas and Other Minerals..................... 11 members
Ports and Marine Resources...................... 11 members
Public Health and Welfare....................... 19 members
Public Property.................................. 7 members
Public Utilities................................ 11 members
Rules, as provided for in Rule 65
Universities and Colleges....................... 13 members
Veterans and Military Affairs.................... 7 members
Wildlife, Fisheries and Parks................... 11 members
Executive Contingent Fund.. (5 Senators, 5 Representatives)
Investigate State Offices.. (9 Senators, 9 Representatives)
State Library.............. (5 Senators, 5 Representatives)
Enrolled Bills............. (5 Senators, 5 Representatives)
FUNCTION OF COMMITTEES
37. Standing, select and conference committees shall be appointed by the President.
38. The first member named on a committee shall be its chairman and the second member named shall be its vice chairman, unless it is specifically provided that they shall be elected. There shall be no further rank on the committees, the remaining members being listed thereon in alphabetical order. In the event of a vacancy in the chairmanship or vice chairmanship, or membership, the vacancies shall be filled by appointment by the President.
39. Each committee shall, after its organization, immediately determine by a majority vote what number shall constitute a sufficient quorum for it to proceed to business, which quorum shall not be less than the majority required by Rule 23, and shall report that action, together with the name of the secretary of the committee, to the Secretary of the Senate.
40. Committee chairmen and secretaries will be held responsible for the return of all bills, resolutions, papers and committee books taken from the Secretary of the Senate's office to the respective committee meetings.
41. A committee of the Senate shall report on the sufficiency of the titles of all bills and resolutions before their being put on final passage; and it shall be in order, before the passage of every bill or resolution, to move to commit or recommit for report upon the sufficiency of the title. Titles shall indicate clearly the subject matter of the proposed legislation.
42. When motions are made for reference of the same subject to a select committee and a standing committee, the motion for reference to a standing committee shall be first put.
43. The following named committees shall have preference at any time on matters herein stated, viz: the Committee on Rules, on rules, joint rules and order of business; * * * the Committee on Enrolled Bills, on enrolled bills, except they shall not have precedence over appropriations and revenue bills (see Const. Sec. 68); conference committees may report at any time, except they shall not have precedence over appropriations and revenue bills.
44. The chairman of the various standing committees shall announce or lay on the desk of the Secretary, to be read previous to adjournment each day, notice of the time and place of meeting of such committees, and all members of such committees shall be required to attend all such meetings, unless previously excused by the chairman. A quorum must be present when any bill, resolution or measure is reported by such committees. The names of those members present and of those absent must show in the record kept by the committee secretary at each meeting of a committee. The Secretary of the Senate shall post the time of committee meetings on the bulletin board provided for this purpose.
45. A committee's request to be discharged from further consideration of a subject, with or without recommendations that it be referred to another committee, shall be immediately considered.
46. No committee, except the Committee on Rules, shall absent itself from the Senate Chamber while the Senate is in session, except by unanimous consent of the Senate.
47. No committee shall be allowed to occupy the Senate Chamber without an affirmative vote of a majority of the Senators present and voting, except the Committee on Rules.
47A. Whenever a Senator is in a committee meeting room while the committee is meeting, he or she shall only be allowed to smoke a cigarette, cigar or pipe at the discretion of the committee chairman.
48. A conference committee on the part of the Senate shall consist of three (3) Senators, unless otherwise ordered by majority vote of the Senate, and they shall be appointed as provided in Rule 37.
49. A motion to instruct conferees is not in order until their conference report has failed of adoption.
50. When a bill is sent to conference, only matters in disagreement between the Houses are subject to consideration by the conference committee. However, when one House strikes out of a bill all after the enacting clause and inserts new germane text as an amendment thereto, the conferees may disregard the text of the original bill and the amendment and exercise wide discretion in the incorporation of germane text and may even report a new bill on the germane subject matter of the original bill.
51. No report from a conference committee or other joint committee shall be acted upon in the Senate unless subscribed to by a majority of the members of the Senate acting on the committee. No matter reported on the recommendation of a joint committee or conference committee of the two (2) Houses shall be in order for consideration by the Senate if it shall appear that the members of such joint committee on the part of the Senate, if in attendance on the Legislature, shall not have been notified, and for that reason not present, when the matter was acted on by the committee.
52. Conference reports may not be (a) tabled, (b) referred to a committee, or (c) amended.
53. Mere changes in phraseology, without material alteration of the subject matter, are not sufficient to render a conference report subject to point of order that the conferees exceeded their authority.
54. It is legislatively recognized that it is the function of a conference committee to submit a compromise of the difference between the Houses, which might be acceptable to both, and liberal interpretation looking to that end is indicated.
55. When a conference report is called up, only three (3) courses are open: (a) adopt, (b) not adopt or (c) recommit to the same or another conference committee, provided adoption of the report has not occurred in the House.
56. Should a point of order prevail against consideration of a conference committee report, the bill returns to the status it had before being sent to conference.
57. When conference results in disagreement, conferees reporting such disagreement are thereby discharged, and new conferees may be appointed.
COMMITTEE OF THE WHOLE
58. Upon a motion supported by a vote of two-thirds (2/3) of those Senators present and voting, the Senate may resolve itself into a Committee of the Whole to consider a bill, concurrent resolution or measure; and if the Committee of the Whole reports such bill, concurrent resolution or measure favorably, it may be taken up immediately by a suspension of the rules; otherwise, it takes its place on the Calendar along with other favorably reported bills, concurrent resolutions and measures.
59. Motions for forming a Committee of the Whole for the immediate consideration of any Senate bill or resolution at the time of their introduction, or of House bills or resolutions at the time of their receipt from the House, except bills of local and private nature, should be made before such bills or resolutions are referred to standing committees, as provided by Rule No. 75.
60. In forming a Committee of the Whole, the President shall call some Senator to preside, and rules governing the Committee of the Whole shall be the rules of the Senate so far as they may be made applicable.
61. A Committee of the Whole may, during any session thereof, consider more than one bill or resolution; no additional bills or resolutions may be so considered unless the Senate has by a two-thirds (2/3) vote previously agreed thereto.
62. Special committees shall in all cases report to the Senate a state of facts and their opinion or recommendation on the subject matter referred to them. Such reports may on motion be incorporated in the Journal.
63. No Senator offering a motion or resolution for the appointment of a special committee shall be appointed chairman of such committee.
64. Bills and resolutions unfavorably reported by committees shall not be placed on the Calendar at all unless accompanied by a Minority Report signed by one or more members who were present at the committee meeting at which the bill or resolution was reported. Minority Reports must be filed within three (3) legislative days after the bill or resolution has been reported by the committee. Minority reported bills and resolutions shall be placed on the Calendar at the heel of favorably reported bills and resolutions and shall not be considered until all favorably reported bills and resolutions are disposed of, except by a vote of two-thirds (2/3) of the Senators present and voting.
65. (1) There shall be a standing Committee on Rules which shall consist of the President (who shall be a nonvoting member), the President Pro Tempore, and four (4) Senators, each having served at least four (4) years in the Senate, one (1) from each Congressional District of the State as constituted on January 1, 2004, to be selected by the Senators from their respective congressional districts by caucus. The voting precinct of the Senator representing such district shall determine the congressional district caucus in which the Senator shall participate and for which the Senator may hold membership on the Rules Committee. The President Pro Tempore shall serve as chairman of the committee; the vice chairman shall be appointed by the President Pro Tempore from among the Senators on the committee.
(2) The Rules Committee shall, in addition to the functions of a standing committee and any other responsibilities assigned by the Senate, perform the following duties:
(a) Conduct the business affairs of the Senate;
(b) Pursuant to authority granted in Section 29-5-2, Mississippi Code of 1972, assign such space in the Capitol or in such other buildings or parts thereof as may be reserved for the Senate and have complete control, authority and jurisdiction over such rooms, chambers, offices and other areas. Any assignment of space shall be subject to change by the Rules Committee. No other branch of the government, or a department or agency thereof, shall use any such room, chamber, office or other area without specific written authorization from the Rules Committee. The Rules Committee may delegate its powers with regard to any such room, chamber, office or other area in connection with the use, maintenance, repairing, construction, reconstruction and refurbishing thereof in such a manner as it deems advisable;
(c) Assign staff for interim and special committees;
(d) Assign staff for standing committees;
(e) Continually assess ways and means to improve the organization, procedures, facilities and working conditions of the Senate;
(f) Except as otherwise provided in subsection (5) for the staffing of the office of the President and the office of the President Pro Tempore, have the authority to employ all personnel necessary to execute the duties and responsibilities of the Senate. Unless otherwise specifically provided, the Rules Committee shall have full and exclusive authority over the Secretary, other officials and employees of the Senate, and all such officials and personnel shall serve at the pleasure of the Rules Committee. Complaints with respect to any misconduct, inefficiency or omission by the Secretary, officials or employees of the Senate shall be heard by the Rules Committee which may discharge the Secretary, officials or employees therefor;
(g) Fix the salaries of the Senate officials and employees;
(h) Assign news, radio and television reporters wishing to take down or broadcast the debates and proceedings of the Senate, places in the Senate so as not to interfere with the convenience of the Senate;
(i) Authorize the reimbursement of Senators and Senate officials and employees who are required to travel in the performance of their official duties. The Rules Committee may establish regulations governing such travel which include the prior approval of such travel by the Rules Committee. Senators attending out-of-state conventions or conferences at state expense shall make a report to the Senate, including the purpose, work and recommendations resulting from the out-of-state meeting attended. If more than one Senator attends such convention or conference, one report may be made as the report of the delegation; and
(j) Upon request of the chairman of any standing or select committee of the Senate, authorize expenses, to include per diem, mileage, meals and lodging, to be paid for members attending the meeting of any such committee or subcommittee thereof during the period in which the Legislature is not in session. The Rules Committee may adopt rules and regulations concerning time, places and number of meetings that may be held for which members will be compensated, such rules and regulations to require prior approval of meetings in order for members to be compensated.
(3) The committee may designate the Secretary of the Senate to be responsible for the day-to-day administration of the duties assigned to the committee and for implementing the policies of the committee adopted pursuant to this rule.
(4) The committee shall function on a year-round basis; and, when the Legislature is not in session, members of the committee shall be compensated as provided in Section 25-3-69, Mississippi Code of 1972, for each day spent in actual discharge of their duties and shall receive the expense allowance and mileage reimbursement provided in Section 5-1-47, Mississippi Code of 1972. No committee member may incur per diem, travel or expense allowance unless authorized by vote at a meeting of the committee, which action shall be recorded in the official minutes of the committee. The Rules Committee shall meet at such times as are necessary for the proper exercise of its functions and may adopt rules and regulations, not inconsistent with the rules of the Senate, as it deems necessary for the efficient operation of the committee. Action by a majority vote of the Rules Committee shall be conclusive on any matter properly within the jurisdiction of the committee.
(5) (a) In providing for the staffing of the President's office, the Rules Committee shall fill up to four (4) positions when requested by the President, and the persons employed for such positions shall be hired with the approval of the President. The President shall recommend the compensation to be paid to the President's staff, and the Rules Committee may pay the compensation so established.
(b) In providing for the staffing of the President Pro Tempore's office, the Rules Committee shall fill one (1) staff position as requested by the President Pro Tempore, and the person employed for such position shall be hired with the approval of the President Pro Tempore. The President Pro Tempore shall recommend the compensation to be paid to the person so employed, and the Rules Committee may pay the compensation so established.
(c) Persons employed under this subsection to staff the President's office shall serve at the will and pleasure of the President; persons employed to staff the President Pro Tempore's office shall serve at the will and pleasure of the President Pro Tempore.
(6) In providing for the staffing of committees, the Rules Committee shall have the responsibility for determining the necessity of any staff positions requested by the chairman of a committee.
(7) The Rules Committee shall cooperate with the House Management Committee in maintaining a Joint Legislative Printing Office and a reference library which shall contain, but shall not be limited to, study reports and information gathered by the departments and the various committees of the Legislature so as to provide a continuity of information from year to year.
(8) The Rules Committee shall have the responsibility for the proper operation of the Senate Legislative Services Office.
(9) The Rules Committee shall have jurisdiction over any questions concerning improper or unethical conduct by members of the Senate.
(10) The funds necessary to carry out the provisions of this rule shall be paid from the Senate Contingent Fund.
(11) The Rules Committee may meet jointly with the House Management Committee when necessary to more effectively carry out the provisions of this rule.
66. A bill, resolution or measure may be made a Special Order for a day and hour certain by a majority vote of Senators present and voting. Upon the arrival of such time, the President shall lay before the Senate the bill, resolution or measure under Special Order, and the Senate shall proceed to its consideration on third reading until it has been temporarily or permanently disposed of.
67. Should the consideration as a Special Order of a bill or resolution not be completed by the time set for Special Order of another bill or resolution, the consideration of the first Special Order shall continue until disposition is made, even though it may run over the time set for the second Special Order, or into the succeeding day. In such event another day and hour certain may be set for consideration of the displaced bill or resolution, or it may be regarded as unfinished business of the succeeding legislative day, at the option of the chairman of the committee reporting the bill or resolution. Such option, however, shall be announced by the chairman during the legislative day for which the Special Order was originally set, with the approval of a majority vote of those Senators present and voting.
68. When any member of the Senate desires to speak or present any matter to the Senate, the Senator shall rise and respectfully address himself or herself to "Mr./Madam President" and, upon being recognized, shall confine himself to the question under debate and avoid personalities.
69. Senators shall not be interrupted, when addressing the Senate, by other Senators, except when a Senator seeking information may address the presiding officer, who shall endeavor to secure the consent of the Senator speaking to the offered interruption. The presiding officer shall declare Senators violating this rule out of order.
70. If any Senator be called to order by another for words spoken, the exceptional words shall immediately be taken down in writing by the Secretary so that the presiding officer may be better able to judge the matter.
71. No Senator shall speak more than twice to the same question, except as elsewhere provided, except by majority vote of those Senators present and voting, nor more than once until every Senator wishing to speak shall have spoken, and no longer than twenty (20) minutes to the main question. When a subsidiary question is under debate, the time limit shall be five (5) minutes. When the time of a Senator is extended, it must be for a specific time.
72. No Senator shall, before resuming his seat after speaking to a question, make a motion cutting off or limiting debate.
BILLS AND RESOLUTIONS
73. All bills and resolutions must be typewritten, double spaced on 8-1/2 X 14 inch white paper. Titles must be typewritten single spaced and in capital letters. Bills or resolutions must be introduced in original form (not carbon or photocopied) and shall be free from interlineations, corrections and strikeouts, whether with ink, pencil or typewriter. The enacting clause, typed immediately preceding Section 1 of a bill, shall contain the following words in capital letters: "BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI." No additional enacting words shall be used. The Secretary may decline to accept for introduction a bill or resolution not conforming hereto.
74. Senators may introduce bills and concurrent resolutions and Senate resolutions by placing them in the box at the Secretary's desk at any time, or they may send them to the Secretary's desk when the order for introduction is reached. All bills, concurrent resolutions and Senate resolutions placed in the box or sent to the Secretary's desk will be considered as being introduced on the legislative day following the day on which they were placed in the box except for (a) legislative days where the motion has been adopted to dispense with the reading of the titles of bills and concurrent resolutions, (b) bills and constitutional amendments placed in the box on the day of the deadline for introduction of general bills and constitutional amendments, and (c) appropriation and revenue bills placed in the box on the day before the deadline for original floor action on appropriation and revenue bills originating in the Senate; bills and constitutional amendments described in items (a), (b) and (c) of this sentence will be considered as being introduced on the day on which they are placed in the box. The deadlines referred to in this paragraph shall be those established in the Joint Rules of the Senate and the House, and the determination of what is a revenue bill for purposes of this paragraph shall be as prescribed in the Joint Rules of the Senate and the House.
In addition to any other time provided by law or by rule, members of the Senate may file bills or resolutions with the Secretary of the Senate at any time during the period between sessions of the Legislature. Such prefiled bills shall be numbered by the Secretary of the Senate and referred by the President to the appropriate standing committee of the Senate for study. Such prefiled bills shall be introduced in the order filed on the first day of the next succeeding regular session of the Legislature, or extraordinary session if included within the Governor's call, and referred to committee in the regular order of business of the Senate. No bills may be prefiled in any year of a general election until after a member of the Senate has been finally elected in the November general election.
75. Upon introduction of Senate bills, the Secretary shall read the titles thereof and then give the bills to the President for his study and reference to proper committees. The President may retain such bills in his possession until the opening of the next succeeding legislative day's session when the President shall return such bills to the Secretary with the committee references noted thereon. Whereupon, the Secretary shall give such bills serial numbers, and, at the proper time in the Order of Business, the Secretary shall read the numbers, titles and committee references, and have the titles reproduced for distribution. House bills received with messages from the House shall be treated likewise regarding references to committees and reading of titles by the Secretary. Provided, however, that the President may, at his option, refer Senate bills immediately upon their introduction and House bills immediately upon their receipt from the House. Provided, further, that a motion is in order for the immediate consideration in Committee of the Whole of any bill or resolution, except bills of Local and Private nature, before such bill or resolution is referred to a standing committee.
76. Every bill and concurrent resolution and all reports of committees, except the report of the Committee of the Whole, shall lie on the table one day before being considered by the Senate.
77. General bills and resolutions shall be called up for consideration in numerical order as revealed by item numbers on the Calendar. When a bill or resolution is reached on the Calendar and it is not then considered, it shall go to the heel of the Calendar unless by a vote of a majority of the Senators present and voting it retains its place on the Calendar. Appropriation bills and resolutions reported by the Appropriations Committee and revenue bills and resolutions reported by the Finance Committee or other committees shall be subject to Section 68 of the Constitution. Bills and resolutions reported by the Rules Committee shall have precedence above all others, except appropriations and revenue bills and resolutions.
78. No bill, concurrent resolution or measure (except Senate resolutions which may be called up for consideration any time by suspension of the rules) shall be considered or voted upon by the Senate unless the same shall have been referred to a committee, considered and reported by a majority of a quorum of the committee to which it was referred, subject to the provisions of Rule 64.
79. It is the duty of the chairman or vice chairman of a committee to call up bills and resolutions on the floor or to designate another member of the Senate so to do.
80. Complete titles of bills and resolutions shall be used upon introductions, but abbreviated titles may be used elsewhere.
81. When a bill or concurrent resolution is originally referred to two (2) committees and favorably reported by both, the chairman of the first named committee shall have the option of handling the bill or resolution on the floor.
82. When a bill or resolution is called up for final passage, the Senator introducing such measure, if present, shall have the right to open and close the debate. In the event there are several authors of a bill or resolution, they shall agree among themselves which shall open and close the debate and shall so notify the chairman of the committee.
83. When a bill or resolution is being considered by the Senate, it shall be read throughout by the Secretary and then may be again read and debated by clauses, paragraphs or sections, leaving the title to be considered last.
84. It shall always be in order, before the final passage of a bill or resolution, to move its recommitment.
85. When a bill or measure has been referred to the Finance Committee or Appropriations Committee, which deals with another major subject as well as finance or appropriations, the committee may, in its discretion, recommend that it be sent to the related committee for study and recommendation. Such bill shall be reported in the usual manner by the related committee within five (5) legislative days, whereupon the Secretary shall return the bill to the Finance Committee or Appropriations Committee with the report. The final report of the Finance Committee or Appropriations Committee shall govern the status of the bill or resolution.
86. All motions contemplating legislation shall be founded upon bills or concurrent resolutions; and committees, to which may be referred messages from the Governor, reports of the state officers, boards, commissions and others authorized to report to the Legislature, including petitions for legislation, may report by bill, resolution or written recommendation such legislation as may be germane to the subject matter referred to them.
87. No bill, resolution, concurrent resolution or measure having been referred to a committee shall be taken from such committee, or the committee be discharged from the consideration thereof, other than by a motion signed by a majority of all Senators elected; except that during the last six (6) days of a session, a majority of the Senators present and voting may call a bill, resolution or concurrent resolution from a committee by a signed motion.
88. All bills, concurrent resolutions or measures originating in the House and passed by that body and sent to the Senate for consideration shall pursue the same course and shall be subject to the same rules as though such bills, concurrent resolutions or measures had originated in the Senate.
89. Any bill, resolution, concurrent resolution or measure recalled from a committee by the method provided in Rule 87 shall be referred to another standing committee, unless the Senate votes to form a Committee of the Whole for the purpose of considering the same.
90. No law shall be repealed by reference to its chapter, bill number or code number only, but there shall be included in its title and in a section within the bill a brief statement of the nature of the law sought to be repealed.
91. In the event of the loss or misplacement of a bill or resolution, the Secretary is authorized to prepare an exact copy thereof which, upon his certification that such bill or resolution is a true and correct copy of the original, shall be considered as though it were the original bill or resolution.
92. Senate resolutions may be considered without having been referred to or reported by a committee, except as provided in Rule 30. However, such resolutions may be referred to a committee by majority vote of Senators present and voting, or the President may refer them on the President's own initiative.
93. All resolutions authorizing committees of the Senate to travel or employ stenographers or other assistants, and all such resolutions involving special investigations or expense by committees of the Senate shall be referred, without debate, to the Committee on Rules * * *.
94. The Secretary each day shall prepare a Calendar of all matters in order for consideration. Such Calendar and a copy of each bill and resolution shown thereon shall be placed on the desk of each Senator prior to the hour of convening. Titles of bills and resolutions shall clearly indicate the subject matter thereof, but such titles may be abbreviated. General bills and resolutions favorably reported by committees shall be given an item number in sequence and placed on the Calendar from day to day in order as they are reported and placed under the head of "General Calendar." Bills and resolutions favorably reported by committees on Finance, on Appropriations, on Rules and on Local and Private Legislation; * * * and bills and resolutions subject to secondary considerations, shall be shown separately under appropriate headings, with item numbers in sequence.
The Rules Committee is hereby authorized to create a "Noncontroversial Calendar" for the consideration of noncontroversial bills, resolutions or measures. Senate bills, resolutions or measures shall be placed on the Noncontroversial Calendar upon the written request of the chairman of the committee reporting the measure, the primary author, and by a majority vote of the Rules Committee; House bills, resolutions or measures shall be placed upon the Noncontroversial Calendar on the request of the chairman of the committee reporting the measure and by a majority vote of the Rules Committee. A bill, resolution or measure shall be removed from the Noncontroversial Calendar upon the demand of six (6) or more Senators made in open session. Any such demand shall require the bill or resolution to be placed at the heel of the General Calendar.
95. Bills, resolutions, measures or motions reported by committees, and reports of special committees, shall be placed on the Calendar in the regular order of the next day after that on which they were made to the Senate or received from the House, as the case may be.
96. No matter which has been duly placed on the Calendar shall be discharged therefrom or considered out of its regular course except by a two-thirds (2/3) vote of the Senate, subject to the provisions of Section 68 of the Constitution. However, matters affecting the public interest and regarded as of immediate necessity may be advanced on the Calendar by the Committee on Rules.
97. Order of Precedence:
(1) To adjourn.
(2) To lay on the table.
(3) To lay on the table subject to call, when five (5) minutes' debate shall be allowed the Senator making the motion and five (5) minutes' debate shall be allowed the Senator having the measure in charge, unless the Senator(s) shall yield the floor to another Senator.
(4) For the previous question.
(5) To limit debate.
(6) To close debate at a specific time.
(7) To postpone to a day certain.
(8) To recommit.
(9) To re-refer.
(10) To amend.
(11) To postpone indefinitely.
These motions shall have precedence in the above order; and any such motion being made and being decided adversely shall not again be entertained on the same day at the same stage of the question.
98. A motion to postpone indefinitely opens to debate the merits of the proposition.
99. Any motion shall be reduced to writing if the President so directs or a Senator or the Secretary so requests.
100. When a motion is made, it shall be stated by the President or, being in writing, it shall be read aloud by the Secretary.
101. After a motion is stated by the President or read by the Secretary, it shall be deemed to be in the possession of the Senate, and it may be withdrawn only by a majority vote of Senators present and voting at any time before decision or amendment.
102. No motion is in order while a point of order is pending unless the President shall announce a delay in the ruling, and then only matters not affected by a ruling on such pending point of order may be considered.
103. When a question is under debate, the President shall entertain no motion which does not relate to the question except a motion to adjourn or some other motion which has precedence by express rules of the Senate or because it is privileged in its nature.
103A. After a motion to lay a bill on the table subject to call or a motion to table has been adopted, only a member authorized to call up the bill under Rule 79 shall have the right to move to call the bill from the table.
104. Amendments shall be in order after the third reading of a bill or resolution requiring three (3) readings, but no amendment, except committee amendments, shall be considered as pending unless the author of such amendment shall have secured recognition by the President for the purpose of offering such amendment and moving its adoption. Such amendment shall then be sent to the Secretary's desk, and disposition of it shall be made before any additional amendments shall be placed on the Secretary's desk or received by him.
105. Amendments to an amendment shall be voted on before a substitute is taken up. Only one amendment to the amendment is in order at one time; but as rapidly as one is disposed of by rejection or adoption, another is in order as long as any member desires to offer one. A substitute amendment may be offered to an amendment. An amendment to the substitute may be offered. No other amendment can be offered since the third degree has been reached. The vote shall be taken in the following order: The amendment to the amendment shall first be voted on; then the amendment to the substitute; then the substitute amendment; and, if the substitute is adopted, then the original amendment shall be regarded as automatically tabled.
106. An amendment to a bill or resolution may be adopted by a majority vote, notwithstanding it requires more than a majority vote to pass the bill or resolution sought to be amended.
107. When a bill is reported with committee amendments, such committee amendments shall have precedence for consideration over amendments presented from the floor.
108. Amendments proposed by members or by committees must not be written into a bill or resolution until such amendments shall be adopted and the bill finally passed by the Senate, and then only under the direction of the Secretary * * *.
109. Amendments to a Senate bill, resolution or measure which have been adopted by the House and sent back to the Senate for concurrence shall be considered as "unfinished business" of the next day after that on which they were received, unless a majority of the Senators present and voting order that such amendments be considered immediately. House amendments to Senate bills or resolutions shall be either concurred in or not concurred in their entirety and not separately.
110. There may be a motion for the previous question, which shall not be debatable and which may be ordered upon any bill or resolution or section thereof, amendment, motion or question which is debatable, any of which shall be considered as the main question for the purpose of applying the previous question. All incidental questions of order arising after a motion for the previous question has been applied and before the vote on the main question has been taken shall be decided, whether on appeal or otherwise, without debate.
111. When the previous question has been ordered, each side shall have five (5) minutes for debate, the affirmative speaking first; provided that after the previous question shall have been ordered, the only motion in order shall be one motion to recommit or re-refer, which motion shall not be debatable.
111A. When the motion to limit debate has been ordered, each side shall have five (5) minutes for debate on each subsidiary or main question, the affirmative speaking first.
POINTS OF ORDER
112. Every point of order shall be decided by the presiding officer. Any decision of the presiding officer on a point of order shall be subject to an appeal to the Senate without debate, unless the presiding officer, in his discretion and for his information, requests debate and/or a brief on any point of order. The presiding officer may require points of order in writing and may take reasonable time to examine and study same before ruling thereon, during which period consideration of that particular subject matter shall be suspended without prejudice and the Senate shall proceed to the next order of business.
113. The presiding officer shall declare all votes. When a question not requiring the yeas and nays is put, the sense of the Senate shall be taken by the voice of the Senators, and the President shall first announce the vote as it appears to the President by sound.
114. The yeas and nays shall be taken on the final passage of every bill, concurrent resolution, conference report and House amendments to Senate bills. The President of the Senate may order a yea and nay or division vote on any subsidiary question.
115. Upon every roll call the names of the members shall be called alphabetically by surname, except when two (2) or more have the same surname, in which case the number of the district shall be added; and if there be two (2) such members from the same district, the name or initials shall be called. After the roll has been once called, the Secretary shall call, in their alphabetical order, the names of those not voting, and thereafter the President shall not entertain a request to record a vote, except that any Senator whose vote was recorded may change his vote before the result is announced by the President.
116. The sense of the Senate shall be taken by yeas and nays on any question whenever six (6) of the Senators present demand, and, if the call for yeas and nays be not sustained, any Senator may have his vote recorded if the Senator so desires. Any Senator may have the privilege of explaining his vote, which explanation containing not more than one hundred (100) words shall be written and handed to the Secretary before the approval of the Journal of the day such vote was taken, and such explanation shall be spread upon the Journal.
117. A Senator who by reason of absence from the Senate Chamber fails to vote on any yea and nay call may, during the next succeeding legislative day of his presence, file with the Secretary, for insertion in the Journal, a brief written statement stating how the Senator would have voted thereon. Anticipating an absence, any Senator may file such statement with the Secretary in advance of the yea and nay vote for insertion in the Journal at the proper time.
118. Any Senator may request a division vote. The President shall call for those in the affirmative to rise first, then those in the negative. The counts shall be made by the Secretary. If the absence of a quorum is indicated, the Secretary shall make a quorum count; and, if a quorum is present, the vote shall stand as announced by the President.
119. Immediately following the second call of the yeas and nays but before the announcement of the result of the vote by the presiding officer, it will be in order for the announcement of pairs of those Senators present whose votes are not recorded, which pairs shall be entered in the Journal, and for the announcement of change of votes by those Senators who have voted.
120. No Senator shall be allowed to approach the desk of the Secretary to ascertain the vote cast on any question or measure before such vote has been announced.
121. No Senator shall have the Journal amended so as to have the record of his vote changed; however, a Senator may change his vote before the result of a roll call is announced.
122. In the event of a tie vote, by call of the yeas and nays or by division, on any main or subsidiary matter, the President, if presiding at the time such tie vote occurs, shall cast the deciding vote.
123. When a member of the Senate is presiding and a tie vote occurs on any proposition, the decision shall be in the negative.
124. No Senator shall be permitted to act in committee or to vote on a question in which his private interest, distinct from the public interest, is immediately concerned.
125. Unless a certain minimum of votes of Senators is specified in these rules on any vote taken, a majority of those present and voting shall prevail.
126. When a question has once carried in the affirmative or negative it shall be in order for any Senator to enter a motion for the reconsideration thereof. The motion to reconsider a vote on a proposition having been once agreed to and the vote again having been taken, a second motion to reconsider may not be made unless the nature of the proposition has been changed by amendment.
127. No motion to reconsider a vote shall be entertained unless it be properly entered on the same day on which such vote was taken or on the next succeeding legislative day on which a quorum is present. No motion to reconsider shall be withdrawn without unanimous consent. This rule shall not prevent reconsideration of a vote on a subsidiary, incidental or dependent matter at any time when the main question to which it relates is under consideration; and a motion to reconsider a vote on any subsidiary, incidental or dependent question shall not remove the main question under consideration from before the Senate, but such incidental question shall be considered at the time the motion is made.
On a motion to table a motion to reconsider or on a motion that the Senate do not reconsider or on a motion that the Senate do reconsider, or any substitute for any such motion, five (5) minutes total time shall be allowed the Senators speaking for the affirmative side and five (5) minutes total time shall be allowed the Senators speaking for the negative side of the question, such time herein allowed to be allotted between Senators speaking on each side of the question. This rule shall also apply to any motion or substitute motion of similar import to the above motions.
When a motion to table a motion to reconsider fails, or when a motion "do not reconsider" fails, the item stays on the Motion to Reconsider Calendar.
When a motion to reconsider fails, the question is no longer before the Senate and no further action by the Senate is in order. 128. There shall be no reconsideration of the vote on the question of adjourning or recessing; laying on the table subject to call; laying on the table or taking from the table; recommitting; re-referring; limiting debate; or on the previous question. When a motion for reconsideration has been decided, that decision shall not be reconsidered.
129. A motion to reconsider having been properly made and entered in the Journal shall become the property of the Senate and may be called up by any member of the Senate.
129A. After a veto message is read, two (2) motions are in order in the following precedence:
(a) To refer the reconsideration of the bill to a committee; and
(b) To pass the bill, the Governor's veto notwithstanding.
130. Matters of privilege affecting the rights, safety, dignity and integrity of the Senate, and matters of personal privilege affecting the rights, reputation and conduct of individual members of the Senate, in their senatorial capacities only, shall have precedence over all other matters or motions, except motions to adjourn or recess. It is not in order to speak to a question of personal privilege after the previous question has been ordered.
131. On all questions of order or parliamentary practice not covered by and not in conflict with these rules, the rules of Cannon's Practice in the National House of Representatives and Hind's Precedents shall be the authority.
READING OF DOCUMENTS
132. When the reading of a document other than a bill or resolution is proposed or called for and the same is objected to by any Senator, it shall be determined by a majority vote of the Senators present and voting, without debate.
133. The Senate shall conduct all business in open session, except that the Senate may resolve itself into executive session by majority vote of the Senators elected. Upon entering executive session, the Senate shall be cleared of all persons except Senators and officials thereof. Executive sessions should, whenever practicable, be held immediately prior to recess or adjournment of open sessions.
134. When nominations from the Governor shall be received by the Senate, the Secretary of the Senate shall read the message from the Governor to the Senate, and nominations shall be referred to the appropriate committee by the President unless the Senate by a two-thirds (2/3) vote of the Senators present and voting orders otherwise. The committee considering such nomination may, upon a vote of a majority of the committee, consider the nomination in open committee meeting or hearing. Upon receiving the report of the committee to which the nomination was referred, the Senate shall proceed to consider the nomination in open session, unless executive session is invoked as provided in Rule 133.
135. When a nomination or any other matter is confirmed, consented to or rejected, any Senator may move for a reconsideration. Such motion to reconsider confirmation or rejection of any name submitted to the Senate for any position or office, or any other matter, may be made on the legislative day in which the vote is taken or on the next legislative day thereafter, and not later.
136. The Governor shall not be officially notified by the Secretary of the confirmation, consent to or rejection by the Senate of any nomination or other matter until the expiration of the time limit for entering a motion to reconsider, unless otherwise ordered by the Senate, subject to Section 65 of the Constitution.
137. All executive matters submitted by the Governor which were not considered, as well as those on which actions were taken and were under pending motions to reconsider, shall fail at the time of sine die adjournment and the Secretary shall so notify the Governor thereof.
SELECTION OF DESKS
138. The seating arrangement in the Senate Chamber shall be accomplished by personal selections of seats by the Senators, and such selections may begin upon their nominations. Seats numbered 3 and 4, which are equipped with hearing aids, may be held in reserve by the Secretary of the Senate for members who may need hearing aids. Senators elected to consecutive terms shall have first choice of seats. Upon selection of seats, they shall be properly marked to indicate that the seats have been so selected. Nothing in this rule shall prevent the swapping of seats by mutual agreement of Senators. The Secretary shall prepare and have printed the permanent seating arrangement for public distribution.
139. The Mississippi State Senate shall become a self-insurer under the Mississippi Workers' Compensation Act pursuant to the provisions of Chapter 455, Laws of 1970, being Section 71-3-5, Mississippi Code of 1972. The Secretary of the Mississippi State Senate shall notify the Mississippi Workers' Compensation Commission, as provided by law, of the intention of the Mississippi State Senate to become a self-insurer, which notice shall advise the commission that the following are covered under the provisions of said act: the Lieutenant Governor as presiding officer of the Mississippi State Senate, all duly elected Senators, all elected officials and officers of the Senate, and all employees, staff members, Pages and clerical help of the Mississippi State Senate.
141. (1) No employee of the Senate shall reveal to any person outside his department the contents or nature of any request for services made by any member of the Senate except with the written consent of the person making such request.
(2) All confidential communications between members of the Senate and staff attorneys are protected by an attorney-client privilege.