SR0006 102ND GENERAL ASSEMBLY

SR0006 LRB102 05024 JWD 15540 r

SENATE RESOLUTION

RESOLVED, BY THE SENATE OF THE ONE HUNDRED SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Rules of the Senate of the 102nd General Assembly are amended by changing Rules 2-5, 3-4, 3-8, 3-11, 3-12, and 7-9 and by adding Rules 11-3, 11-4, 11-5, 11-6, 11-7, 11-8, and 11-9 as follows:

(Senate Rule 2-5)

2-5. Powers and Duties of the President.

(a) The President shall have those powers conferred upon him or her by the Constitution, the laws of Illinois, and any motions or resolutions adopted by the Senate or jointly by the Senate and House.

(b) Except as provided by law with respect to the Senate Operations Commission, the President is the chief administrative officer of the Senate and shall have those powers necessary to carry out that function. The President may delegate his or her administrative duties as he or she deems appropriate.

(c) The powers and duties of the President shall include, but are not limited to, the following:

(1) To preside at all sessions of the Senate, although the President may call on any member to preside temporarily.

(2) To open the session at the time at which the Senate is to meet by taking the podium and calling the members to order. The President may call on any member, or the Secretary in case of perfunctory session, to open the session.

(3) To announce the business before the Senate in the order in which it is to be acted upon. At the beginning of each legislative day, the President shall announce the bills the Senate shall consider for final action on that day and the order of their consideration. Once announced, this order is not subject to change except by vote of two-thirds of the members present. No bill not included on the President's Daily Final Action Calendar shall be heard on that day.

(4) To recognize those members entitled to the floor.

(5) To state and put to vote all questions that are regularly moved or that necessarily arise in the course of the proceedings, and to announce the result of the vote.

(6) To preserve order and decorum.

(7) To decide all points of order, subject to appeal, and to speak thereon in preference to other members.

(8) To inform the Senate when necessary, or when any question is raised, on any point of order or practice pertinent to the pending business.

(9) To sign or authenticate all acts, proceedings, or orders of the Senate. All writs, warrants, and subpoenas issued by order of the Senate or one of its committees shall be signed by the President and attested by the Secretary.

(10) To sign all bills passed by both chambers of the General Assembly in order to certify that the procedural requirements for passage have been met.

(11) To have general supervision, including the duty to protect the security and safety, of the Senate chamber, galleries, and adjoining and connecting hallways and passages, including the power to clear them when necessary.

(12) To have general supervision of the Secretary and his or her assistants, the Sergeant-at-Arms and his or her assistants, the majority caucus staff, and all employees of the Senate except the minority caucus staff.

(13) To determine the number of majority caucus members and minority caucus members to be appointed to all committees, except the Committee on Assignments created by Rule 3-5.

(14) To appoint or replace all majority caucus members of committees and to designate all Chairpersons, Co-Chairpersons, and Vice-Chairpersons of committees, except as the Senate otherwise orders in accordance with these Senate Rules.

(15) To enforce all constitutional provisions, statutes, rules, and regulations applicable to the Senate.

(16) To guide and direct the proceedings of the Senate subject to the control and will of the members as provided in these Senate Rules.

(17) To direct the Secretary during regular session, veto session, special session, or perfunctory session to read into the Senate record legislative measures and other papers.

(18) To direct the Secretary to correct non-substantive errors in the Journal.

(19) To assign meeting places and meeting times to committees.

(20) To decide, subject to the control and will of the members in accordance with these Senate Rules, all questions relating to the priority of business.

(21) To appoint a parliamentarian to serve at the pleasure of the President.

(22) To promulgate forms for nominees subject to the advice and consent of the Senate, for temporary appointment messages, and for messages designating acting appointees.

(23) To promulgate forms for members of the Senate to disclose conflicts under the Illinois Governmental Ethics Act.

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

(Source: S.R. 2, 102nd G.A.)

(Senate Rule 3-4)

3-4. Standing Committees. The Standing Committees of the Senate are as follows:

The Committee on AGRICULTURE shall consider and report upon bills and matters referred to it relating to animals, animal disease, pest control, agriculture, food production, and soil and water.

The Committee on APPROPRIATIONS I shall consider and report upon all bills and matters referred to it relating to general appropriations and disbursement of public money.

The Committee on APPROPRIATIONS II shall consider and report upon all bills and matters referred to it relating to general appropriations and disbursement of public money.

The Committee on COMMERCE AND ECONOMIC DEVELOPMENT shall consider and report upon bills and matters referred to it relating to business regulation, consumer protection, commerce, and economic development.

The Committee on CRIMINAL LAW shall consider and report upon bills and matters referred to it relating to criminal laws, probate, and corrections.

The Committee on EDUCATION shall consider and report upon bills and matters referred to it relating to kindergarten, elementary, secondary, and vocational education and schools.

The Committee on ENERGY AND PUBLIC UTILITIES shall consider and report upon bills and matters referred to it relating to energy, energy policy planning and regulation, and public utilities.

The Committee on ENVIRONMENT AND CONSERVATION shall consider and report upon bills and matters referred to it relating to the air, water and other natural resources of the state, conservation, recreation, pollution control, fisheries and game, state parks and forests, and water resources and flood and erosion control.

The Committee on GOVERNMENT ACCOUNTABILITY AND ETHICS shall consider and report upon bills and matters referred to it relating to ethics, good government, and government accountability.

The EXECUTIVE Committee shall consider and report upon bills and matters referred to it relating to elections, constitutional amendments, gaming, cannabis, and liquor.

The Committee on EXECUTIVE APPOINTMENTS shall consider and report upon bills and matters referred to it relating to nominations, appointments by the Governor and all other appointments requiring confirmation.

The Committee on FINANCIAL INSTITUTIONS shall consider and report upon bills and matters referred to it relating to banks and banking, savings and loan associations, stocks, bonds, and other securities, securities dealers, partnerships and corporations, and home mortgage financing.

The Committee on HUMAN SERVICES shall consider and report upon bills and matters referred to it relating to public assistance, youth services, day care programs, foster care, homelessness, and the promotion and general well-being of youth, families, and the elderly.

The Committee on HIGHER EDUCATION shall consider and report upon bills and matters referred to it relating to public and independent institutions of higher education, private occupational schools, and post-secondary education.

The Committee on INSURANCE shall consider and report upon bills and matters referred to it relating to insurance.

The Committee on JUDICIARY shall consider matters pertaining to state and local courts, court clerks and stenographers and other employees of the courts, civil procedures, adoption, divorce, bankruptcy, escheat, law libraries, deeds, mortgages, conveyancing, preservation of land records and other public documents, and other issues directly related to the judicial system.

The Committee on LABOR shall consider and report upon bills and matters referred to it relating to labor-management relations, industrial safety, unemployment compensation, and workers' compensation.

The Committee on LICENSED ACTIVITIES shall consider and report upon bills and matters referred to it relating to licensed professions and industries.

The Committee on LOCAL GOVERNMENT shall consider and report upon bills and matters referred to it relating to local governments.

The Committee on PENSIONS shall consider and report upon bills and matters referred to it relating to the regulation and administration of public pensions.

The Committee on PUBLIC HEALTH shall consider and report upon bills and matters referred to it relating to public health, emergency medical services, nursing homes, vaccinations, and like issues.

The Committee on REVENUE shall consider and report upon bills and matters referred to it relating to levying, increasing, reducing, collecting, enforcing, and administrating taxes and other revenue-producing measures.

The Committee on STATE GOVERNMENT shall consider and report upon bills and matters referred to it relating to state government and state agencies, except where the subject matter relates more appropriately to another committee, state procurement, statutory revisions, and the management of state facilities and property.

The Committee on TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY shall consider and report upon bills and matters referred to it relating to technology, telecommunications, and the regulatory and privacy issues involved with technology and telecommunications.

The Committee on TRANSPORTATION shall consider and report upon bills and matters referred to it relating to motor vehicles; traffic regulation, highways, railways, airports, air transportation, common carriers or other forms of transportation, and ports, harbors, and docks.

The Committee on VETERANS AFFAIRS shall consider and report upon bills and matters referred to it relating to military affairs, the National Guard, Reserve and veterans.

AGRICULTURE

APPROPRIATIONS

BEHAVIORAL AND MENTAL HEALTH

COMMERCE

CRIMINAL LAW

EDUCATION

ENERGY AND PUBLIC UTILITIES

ENVIRONMENT AND CONSERVATION

ETHICS

EXECUTIVE

EXECUTIVE APPOINTMENTS

FINANCIAL INSTITUTIONS

HEALTH

HEALTHCARE ACCESS AND AVAILABILITY

HUMAN RIGHTS

HIGHER EDUCATION

INSURANCE

JUDICIARY

LABOR

LICENSED ACTIVITIES

LOCAL GOVERNMENT

PENSIONS

PUBLIC SAFETY

REDISTRICTING

REVENUE

STATE GOVERNMENT

TOURISM AND HOSPITALITY

TRANSPORTATION

VETERANS AFFAIRS

(Source: S.R. 2, 102nd G.A.)

(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, at its next meeting, shall may thereafter refer any bill before it to the appropriate a committee. The Committee on Assignments shall may refer any resolution before it to the appropriate a committee or approve the resolution for consideration. The Committee on Assignments shall assign all Senate Bills and House Bills to the appropriate subject-matter committee. A committee's subject-matter jurisdiction extends to all matters reasonably comprehended in the name of the committee and pursuant to Rule 3-4. 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 subcommittee of that committee. When the Committee on Assignments is of the opinion that a legislative measure should be considered by more than one committee, at the time of referring it, the Committee may direct that when the committee to which it is referred completes its consideration thereof and makes a recommendation with respect thereto, the committee's report shall also recommend that it be referred to the additional committee or committees as directed by the Committee on Assignments. When a legislative measure is so reported, it shall automatically be referred as directed. Except for subcommittees created under Rule 3-3(a-5), 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 twenty-four hours one-hour advance notice, with the exception of amendments to appropriations bills which require seventy-two 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 shall may, in its discretion, (A) refer the floor amendment to the appropriate 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 twenty-four hours, with the exception of amendments to appropriations bills which require seventy-two hour advance notice 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 shall may, in its discretion, (A) refer both the bill and the committee amendment to the appropriate 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 appropriate 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 Chair 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, 102nd G.A.)

(Senate Rule 3-11)

3-11. Committee Procedure.

(a) A committee may consider any legislative measure referred to it and may make with respect to that legislative measure one of the following reports to the Senate or to the parent committee, as appropriate:

(1) that the bill "do pass";

(2) that the bill "do not pass";

(3) that the bill "do pass as amended";

(4) that the bill "do not pass as amended";

(5) that the resolution "be adopted";

(6) that the resolution "be not adopted";

(7) that the resolution "be adopted as amended";

(8) that the resolution "be not adopted as amended";

(9) that the floor amendment, joint action motion, or conference committee report "recommend do adopt";

(10) that the floor amendment, joint action motion, or conference committee report "recommend do not adopt";

(11) "without recommendation";

(12) that the legislative measure "be re-referred to the Committee on Assignments";

(13) that the Appointment Message be reported "do recommend consent"; or

(14) that the Appointment Message be reported "do not recommend consent".

No second shall be required to any motion presented in committee. Any of the foregoing reports may only be made upon the concurrence of a majority of those appointed. All legislative measures reported "do pass", "do pass as amended", "be adopted", "be adopted as amended", or "be approved for consideration" shall be deemed favorably reported to the Senate. All Appointment Messages reported "do recommend consent", "do not recommend consent", or "without recommendation" shall be deemed reported to the Senate. Except as otherwise provided by these Senate Rules, any legislative measure referred to a committee and not reported pursuant to this Rule shall remain in that committee. Pursuant to Rules 3-11(g) and 7-10, a committee may report a legislative measure as tabled.

(b) No bill that provides for an appropriation or expenditure of money from the State Treasury may be considered for passage by the Senate unless it has first been reported to the Senate by an Appropriations Committee, unless:

(1) the bill was discharged from an Appropriations Committee in accordance with Rule 7-9;

(2) the bill was exempted from this requirement by a majority of those appointed to the Committee on Assignments; or

(3) this Rule was suspended in accordance with Rule 7-17.

(c) The Chair of each committee shall keep, or cause to be kept, a record in which there shall be entered:

(1) The time and place of each meeting of the committee.

(2) The attendance of committee members at each meeting.

(3) The votes cast by the committee members on all legislative measures acted upon by the committee.

(4) All witness slips that may have been presented to the committee.

(5) Such additional information as may be requested by the Secretary.

(d) The committee Chair shall file with the Secretary, along with every bill or resolution reported upon, a sheet containing such information as is required by the Secretary. The Secretary may adopt forms, policies, and procedures with respect to the preparation, filing, and maintenance of these reports.

(e) Except as provided in Rule 3-5 or 3-8 or unless this Rule is suspended pursuant to Rule 7-17, no committee may consider or conduct a hearing with respect to a legislative measure absent notice first being given as follows:

(1) The Chair of the committee shall, no later than six days before any proposed hearing, post a notice on the Senate bulletin board, or electronically make the notice available, identifying each legislative measure that may be considered during that hearing. The notice shall contain the day, hour, and place of the hearing.

(2) Meetings of the Committee on Assignments may be called pursuant to Rule 3-5; meetings of committees to consider floor amendments, joint action motions, and conference committee reports may be called pursuant to Rule 3-8.

(3) The Chair shall, in advance of a committee hearing, notify all principal sponsors of legislative measures posted for hearing of the date, time, and place of hearing. When practicable, the Secretary shall include a notice of all scheduled hearings, together with all posted bills and resolutions, in the Daily Calendar of the Senate.

Irrespective of whether a legislative measure has been posted for hearing, it shall be in order for a committee during any of its meetings to refer that legislative measure pending before it to a subcommittee of that committee.

(f) Other than the Committee on Assignments and properly convened committees as permitted by Rule 4-1(c), no committee may meet during any session of the Senate, and no commission created by Illinois law that has legislative membership may meet during any session of the Senate. A perfunctory session is not deemed to be a session for the purposes of this provision.

(g) Regardless of whether notice has been previously given, it is always in order for a committee to order any legislative measure pending before it to lie on the table when the principal sponsor so requests. When reported to the Senate, such committee action shall stand as the action of the Senate.

(h) When a committee fails to report a legislative measure pending before it to the Senate, or when a committee fails to hold a public hearing on a legislative measure pending before it, a majority of the committee, by written petition, may require the Chair to schedule a committee hearing to hear the bill or resolution and related subject-matter testimony the exclusive means of bringing that legislative measure directly before the Senate for its consideration is pursuant to Rule 7-9.

(i) No legislative measure may be called for a vote in committee in the absence of the principal sponsor, except that, with the approval of the principal sponsor and the consent of the committee, a legislative measure may be called for a vote in committee by a chief cosponsor of the legislative measure or by a member of the committee who is a member of the same caucus as the principal sponsor.

(j) A committee may conduct a legislative investigation with regard to legislative measures pending before the committee.

(Source: S.R. 2, 102nd G.A.)

(Senate Rule 3-12)

3-12. Committee Reports.

(a) All bills favorably reported to the Senate from a committee or directed committees, or with respect to which a committee has been discharged, shall stand on the order of Second Reading unless otherwise ordered by the Senate, and may be amended only on Second Reading. Bills reported to the Senate from committee "do not pass", "do not pass as amended", or "without recommendation" shall lie on the table.

(b) All floor amendments, joint action motions, and conference committee reports favorably reported to the Senate from a committee shall be before the Senate and eligible for consideration by the Senate when it is on an appropriate order of business (floor amendments may be considered by the Senate only when the bill to be amended is on Second Reading). All floor amendments, joint action motions, and conference committee reports that are reported to the Senate from committee "recommend do not adopt" or "without recommendation" shall lie on the table.

(c) All resolutions favorably reported to the Senate from a committee, or with respect to which a committee has been discharged, shall stand on the order of Resolutions. All resolutions that are reported to the Senate from committee "be not adopted", "be not adopted as amended", or "without recommendation" shall lie on the table. Floor amendments to resolutions shall be subject to the same procedure applicable to floor amendments to bills.

(d) All Appointment Messages reported to the Senate from a committee or directed committees, or with respect to which a committee has been discharged, shall stand on the order of Executive Appointments.

(e) The minority of a committee may make a report in writing, signed by at least two members of the committee, setting forth succinctly the reasons for their dissent. The names of those members of the committee who concur with the minority report may be included in the report. Notice of a minority report must be given when the majority report is read and shall be recorded in the Journal of the Senate. A minority report must be filed with the Secretary of the Senate before the Third Reading and consideration of the bill or resolution dissented to and shall also become a part of the official archives of the Senate.

(Source: S.R. 2, 102nd G.A.)

(Senate Rule 7-9)

7-9. Discharge of Committee.

(a) A committee may be discharged from further consideration of a legislative measure by a vote of a majority three-fifths of the members elected. Upon concurrence of a majority of those appointed, the Committee on Assignments may advance any legislative measure pending before it to the Senate without referral to another committee; however, the Committee on Assignments shall not so report any bill that has never been before a standing committee of the Senate.

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

(Source: S.R. 2, 102nd G.A.)

(Senate Rule 11-3 new)

11-3. Special Investigating Committee.

(a) Disciplinary proceedings may be commenced by filing with the President and the Minority Leader a petition, signed by 3 or more members of the Senate, for a special investigating committee. The petition shall contain the alleged charge or charges that, if true, may subject the member named in the petition to disciplinary action by the Senate and may include any other factual information that supports the charge or charges.

(b) Upon filing the petition, a special investigating committee consisting of 6 members shall be created. The President shall appoint 3 members from the majority caucus and the Minority Leader shall appoint 3 members from the minority caucus. The President shall appoint the Chairperson from among the 6 members. Members signing the petition may not be appointed to the special investigating committee. If the President is the subject of inquiry of the Special Investigating Committee, the President shall not appoint any members and instead the majority caucus shall appoint 3 members to the committee. If the Minority Leader is the subject of inquiry of the Special Investigating Committee, the Minority Leader shall not appoint any members and instead the minority caucus shall appoint 3 members to the committee. The contents of a petition for a special investigating committee shall be confidential until the appointment of all members except as to the member named, the members signing it, the President, the Minority Leader, and the members of a special investigating committee.

(c) The Chairperson shall give reasonable notice of all meetings to the member named in the petition and to the public. All meetings of the special investigating committee shall be open to the public, unless, pursuant to Article IV, Section 5(c) of the Illinois Constitution, the Senate votes by the affirmative vote of two-thirds of the members to hold proceedings in executive session. The Secretary shall keep an audio recording and transcript of all meetings.

(d) The member named in the petition has the right to counsel during all meetings of the special investigating committee.

(e) The Chairperson may establish procedural rules (subject to the approval of the President). The Committee may, in the discretion of the Chairperson, administer oaths and compel by subpoena (subject to Rule 2-5(c)(9)) any person to appear and give testimony as a witness or produce papers, documents, or other materials relevant to the charge or charges.

(Senate Rule 11-4 new)

11-4. Investigation.

(a) At the initial meeting of the special investigating committee, the Chairperson shall enter the petition into the record.

(b) The special investigating committee shall conduct a thorough investigation of all charges alleged in the petition. The special investigating committee shall meet as often as necessary and consider any information or testimony it deems relevant to the charges alleged in the petition, regardless of whether such information was contained in the petition or is discovered through subsequent investigation.

(c) The special investigating committee shall give the member named in the petition an opportunity to be present at all meetings and to testify or otherwise present any relevant information.

(d) The special investigating committee shall determine if reasonable grounds exist to authorize charges against the member named in the petition that may result in disciplinary action by the Senate. The special investigating committee shall vote on each charge alleged in the petition by record vote. A motion to authorize a charge requires the affirmative vote of a majority of those appointed.

(Senate Rule 11-5 new)

11-5. Report of the Special Investigating Committee.

(a) The special investigating committee shall file with the Secretary a written report that includes, at a minimum, a summary of each charge alleged in the petition, the vote on each charge alleged in the petition, and the reasons the committee did or did not authorize each charge against the member. Any member of the special investigating committee may include a supplemental statement in the report, either concurring with or dissenting from all or part of the report, or explaining a reason for his or her vote on a charge. The report shall be signed by all of the members of the special investigating committee, regardless of their original vote in the committee proceedings on whether to authorize charges.

(b) If a majority of those appointed determines that reasonable grounds exist to authorize a charge or charges, then for each authorized charge the report shall include a statement of the authorized charge and any factual information supporting that charge. Within the report, the special investigating committee shall appoint 2 members of the Senate, one from the majority caucus and one from the minority caucus, who are not members of the special investigating committee and did not sign the petition, to be managers for the Senate at the hearing on the authorized charge or charges.

(Senate Rule 11-6 new)

11-6. Select Committee on Discipline.

(a) If a special investigating committee authorizes charges against any member of the Senate, the President and the Minority Leader shall appoint a select committee on discipline to hear and determine those charges. The select committee shall consist of 12 members of the Senate, 6 of whom shall be appointed by the President from the majority caucus and 6 of whom shall be appointed by the Minority Leader from the minority caucus. The President shall appoint a Chairperson from among the 12 members. No member who signed the petition or served on the special investigating committee may be appointed to the select committee.

(b) All appointments to a select committee shall be completed and the select committee shall convene within 30 days after the filing of a report issued by the special investigating committee.

(c) The Chairperson shall give reasonable notice of all meetings to the member named in the petition and to the public. All meetings of the select committee shall be open to the public, unless, pursuant to Article IV, Section 5(c) of the Illinois Constitution, the Senate votes by the affirmative vote of two-thirds of the members to hold proceedings in executive session. The Secretary shall keep an audio recording and transcript of all meetings.

(d) The Chairperson may establish procedural rules (subject to the approval of the President). The select committee may, at the discretion of the Chairperson, administer oaths and compel by subpoena (subject to Rule 2-5(c)(9)) any person to appear and give testimony as a witness or produce papers, documents, or other materials relevant to the charge or charges.

(Senate Rule 11-7 new)

11-7. Hearings on Disciplinary Charges.

(a) Proceedings before the select committee shall be adversarial in form, with the managers for the Senate presenting the case for disciplinary action. The member subject to charges has the right to counsel during all hearings of the select committee.

(b) Stipulations of fact shall be encouraged by the select committee.

(Senate Rule 11-8 new)

11-8. Report of the Select Committee on Discipline.

(a) The select committee shall vote on each charge by record vote. For each charge the select committee shall vote on the question, "Is the Member at fault on this charge?" If a majority of those appointed vote in the affirmative, the member shall be found at fault on that charge. If less than a majority of those appointed vote in the affirmative, it shall be reported that there is insufficient evidence to find the member at fault on that charge.

(b) If the select committee finds the member at fault on any charge, the committee shall adopt a recommendation for disciplinary action. The committee may recommend a reprimand, a censure, expulsion from the Senate, or that no penalty be invoked. The recommendation on disciplinary action requires an affirmative vote of the majority of those appointed. If a majority of those appointed cannot, by record vote, agree on a penalty, it shall report a recommendation that no penalty be invoked.

(c) The select committee shall file a report of its findings on each charge. The report shall include, at a minimum, the vote of the committee on each charge, the reasons for each conclusion, and any recommendation as to a penalty for a finding of fault on a charge. Any member of the select committee may include a supplemental statement in the report, either concurring with or dissenting from all or part of the report, or explaining a reason for his or her vote on a charge.

(d) If the select committee finds the member at fault on any charge, the select committee shall file a resolution that includes its findings, the charge, and the recommended penalty for that charge. Separate resolutions must be filed for each charge.

(Senate Rule 11-9 new)

11-9. Senate Action on the Report of the Select Committee on Discipline.

(a) The report of a select committee and any accompanying resolution shall be filed with the Secretary and reproduced and distributed as provided in Rule 5-4. The report and any accompanying resolutions shall be placed on the calendar under the heading "Report and Resolutions of Select Committee on Discipline". The report and resolutions shall be carried on the Daily Calendar for 2 legislative days before any action by the Senate.

(b) The Senate shall take action by a record vote on each resolution. The Senate may amend a resolution for disciplinary action to decrease the recommended penalty by a record vote of a majority of the members elected.

(c) A resolution finding a member at fault regarding a charge may be adopted only by the affirmative vote of three-fifths of the members elected, except that a resolution the effect of which is to expel a member may be adopted only by the affirmative vote of two-thirds of the members elected.