SR0064 101ST GENERAL ASSEMBLY

SR0064 LRB101 08310 JWD 54064 r

SENATE RESOLUTION

RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the Senate of the 101st General Assembly are amended by changing Rules 3-8, 5-4, and 10-2 as follows:

(Senate Rule 3-8)

3-8. Referrals to Committees.

(a) All Senate Bills and House Bills shall, after having been initially read by the Secretary, be automatically referred to the Committee on Assignments, which may thereafter refer any bill before it to a committee. The Committee on Assignments may refer any resolution before it to a committee. No bill or resolution may be referred to a committee except pursuant to this Rule or Rule 7-17. A standing or special committee may refer a matter pending in that committee to a special subcommittee of that committee. The Committee on Assignments may not refer a legislative measure to any subcommittee of a standing or special committee.

(b) All floor amendments, joint action motions for final action, and conference committee reports shall, upon filing with the Secretary, be automatically referred to the Committee on Assignments. No such amendment, joint action motion, or conference committee report may be considered by the Senate unless approved for consideration by the Committee on Assignments. The Committee on Assignments may approve for consideration to the Senate any floor amendment, joint action motion for final action, or conference committee report that: (i) consists of language that has previously been favorably reported to the Senate by a committee; (ii) consists of technical or clarifying language; or (iii) consists of language deemed by the Committee on Assignments to be of an emergency nature, of substantial importance to the operation of government, or in the best interests of Illinois. The Committee on Assignments may refer any floor amendment, joint action motion for final action, or conference committee report to a committee for its review and consideration (in those instances, and notwithstanding any other provision of these Senate Rules, the committee may hold a hearing on and consider those legislative measures pursuant to one-hour advance notice). Any floor amendment, joint action motion for final action, or conference committee report that is not approved for consideration or referred by the Committee on Assignments, and is attempted to be acted upon by a committee shall be out of order, except as provided for under Rule 8-4.

(b-1) A floor amendment filed by the chief sponsor of a bill shall be automatically referred to the standing committee from which the bill was reported (or to another standing committee as the Committee on Assignments may determine) upon adjournment of the Senate on the third regular session day following the day on which the floor amendment was filed, unless (i) the Committee on Assignments referred the floor amendment to a standing committee or acted on the floor amendment in the first instance and referred it to the Senate for consideration; (ii) the bill is no longer pending before the Senate; (iii) the floor amendment deals with the subject of appropriations or State revenue; or (iv) the Committee on Assignments has determined by a majority vote that the floor amendment substantively alters the nature and scope of the underlying bill. If the Committee on Assignments makes a determination under item (iv) of this subsection, then the Committee on Assignments may, in its discretion, (A) refer the floor amendment to any standing committee or (B) not refer the floor amendment to any other committee.

(c) All committee amendments shall, upon filing with the Secretary, be automatically referred to the Committee on Assignments. No committee amendment may be considered by a committee unless the committee amendment is referred to the committee by the Committee on Assignments and the committee amendment has first been made available electronically or otherwise for not less than one hour. Any committee amendment referred by the Committee on Assignments shall be referred to the committee before which the underlying bill or resolution is pending. Any committee amendment that is not referred by the Committee on Assignments to a committee, and is attempted to be acted upon by a committee shall be out of order.

(c-1) A committee amendment filed by the chief sponsor of a bill shall be automatically referred to the standing committee to which the bill was assigned upon adjournment of the Senate on the third regular session day following the day on which the committee amendment was filed, unless (i) the Committee on Assignments referred the committee amendment to the standing committee to which the bill was assigned; (ii) the bill is no longer pending before the committee; (iii) the committee amendment deals with the subject of appropriations or State revenue; or (iv) the Committee on Assignments has determined by a majority vote that the committee amendment substantively alters the nature and scope of the underlying bill. If the Committee on Assignments makes a determination under item (iv) of this subsection, then the Committee on Assignments may, in its discretion, (A) refer both the bill and the committee amendment to any standing committee or (B) not refer the committee amendment to any other committee.

(d) The Committee on Assignments may at any time re-refer a legislative measure from a committee to a Committee of the Whole or to any other committee. However, the Committee on Assignments may not re-refer a bill from a committee to a Committee of the Whole or any other committee unless the chairperson of the committee to which the bill was originally referred consents in writing to the re-referral.

(d-5) Notwithstanding any other provision of these Senate Rules, any bill pending before the Committee on Assignments shall be immediately referred to the indicated standing committee if the chief sponsor of the bill files a discharge motion for that bill that is signed by no less than three-fifths of the members of both the majority and minority caucus, and each of the members signing the discharge motion is a sponsor of the bill. This subsection does not apply to bills dealing with the subject of appropriations or State revenue.

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

(Source: S.R. 2, 101st G.A.)

(Senate Rule 5-4)

5-4. Amendments.

(a) An amendment to a bill may be adopted either by a standing committee when the bill is before that committee, or by the Senate when a bill is on the order of Second Reading. The former shall be known as a "committee amendment" and the latter as a "floor amendment". All amendments must be in writing. All amendments still pending in a committee upon the passage or defeat of a bill on Third Reading shall automatically be tabled.

(b) Committee amendments, except for committee amendments that amend appropriation bills, may only be offered by the principal sponsor or a member of the committee while the affected bill is before the committee, and shall be adopted by a majority of those appointed. Committee amendments that amend appropriation bills may be offered by any Senator. Floor amendments may only be offered by a Senator while the bill is on the order of Second Reading, and shall be adopted by a majority vote of the Senate. An amendment may be the subject of a motion to "do adopt" or "do not adopt", and may only be adopted pursuant to a successful motion to "do adopt".

(c) Committee amendments and floor amendments shall be filed with the Secretary, and shall be in order only when six copies have been filed. The Secretary shall provide copies of committee amendments to the Chairperson and Minority Spokesperson of the appropriate committee as soon as practicable, such copies may be made available electronically.

(d) The Secretary shall have printed all adopted committee amendments that come before the Senate pursuant to Rule 3-12. The Secretary shall also have printed all adopted floor amendments. No floor amendment may be adopted by the Senate unless it has been first reproduced and placed on the members' desks or made available electronically.

(e) No floor or committee amendment shall be in order unless approved or referred by the Committee on Assignments in accordance with Rule 3-8 or brought before the Senate pursuant to Rule 7-9.

(f) Amendments that propose to alter any existing law shall set forth completely the statutory Sections amended, and shall conform to the requirements of Rule 5-1(e).

(g) If a committee reports a bill "do pass as amended", the committee amendments shall be deemed adopted by the committee action and shall be reproduced and placed on the members' desks or made available electronically before the bill may be read a second time.

(Source: S.R. 2, 101st G.A.)

(Senate Rule 10-2)

10-2. Appointment Messages.

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

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

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

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

(e) The appointing officer or authority may file in accordance with this Rule an Appointment Message that supersedes a previously filed Appointment Message. A superseding Appointment Message shall identify by sequential number the Appointment Message that it supersedes. The filing of a superseding Appointment Message shall automatically table the Appointment Message that it supersedes, and that superseded Appointment Message shall have no further legal effect. The filing of a superseding Appointment Message shall not have the effect of restarting the 60 session day period within which the Senate must confirm or reject the appointee under Article V, Section 9, subsection (a) of the Illinois Constitution, Senate Rule 10-1, or any applicable law.

(f) Nothing in this Rule shall be construed to prohibit an appointing officer or authority from withdrawing in writing an Appointment Message that was previously submitted to or received by the Senate. An Appointment Message that has been withdrawn shall have no further legal effect. The filing of an Appointment Message appointing the same person to the same office and for a term ending on the same date as that of an Appointment Message that was previously filed and later withdrawn shall not have the effect of restarting the 60 session day period within which the Senate must confirm or reject the appointee under Article V, Section 9, subsection (a) of the Illinois Constitution, Senate Rule 10-1, or any applicable law.

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

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

(i) Form.

APPOINTMENT MESSAGE

To the Honorable Members of the Senate, One Hundredth General Assembly:

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

Title of Office: (Insert Title and Position)

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

Start Date: (Insert Start Date)

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

Name: (Name of Nominee)

Residence: (Residential Address of Nominee)

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

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

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

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

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

(Source: S.R. 2, 101st G.A.)