USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 12
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§ 6. SEC. 3. In case the lieutenant governor is absent, or unable Organiza- to perform the duties of his office, it shall be the duty of the secretary tion of the of the preceding senate to call to order and preside over the senate, senate. until the lieutenant governor appears, or a president pro tempore is elected, and such secretary shall act as secretary of the senate until his successor is elected. and in calling the roll of the senate before the permanent organization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the secretary of state, as provided for in the preceding section, and he shall not call any other or different names.
§ 7. SEC. 4. It shall be the duty of the clerk of the next preceding Organiza- house of representatives to call to order and preside over the house tion of the until a speaker, or speaker pro tempore, is elected, and he shall act as house. clerk of the house nutil his successor is elected; and in calling the roll of the house before the permanent organization thereof, for any purpose whatever, he shall call all the names appearing upon the list delivered to him by the secretary of state, as provided in the first sec- tion of this act, and he shall not call any other or different names.
§ 8. SEC. 5. In case of a vacancy in the office of secretary of the Who to act senate, or clerk of the house, or of the absence or inability of either in case of certain va- to perform the duties imposed by this act, such duties shall devolve cancies.
(b) The office of chancellor was abolished in 1847.
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THE LEGISLATURE.
upon the assistant secretary of the senate or journal clerk of the house of the next preceding senate or house of representatives.
Who may administer oath of office.
§ 9. SEC. 6. In case the president of the senate or one of the judges of the supreme court cannot attend to administer the oath of office, the officers required by this act to organize meetings of the leg- islature are hereby authorized to administer the oath of office pre- scribed by the constitution of this state, to the members elect of their respective houses.
ELECTION OF UNITED STATES SENATORS. [Compiled Laws 1897, §§ 1144-1146.]
Time of electing.
Each house to name a candidate.
Entries to made on journals.
Joint con- vention.
Journals to be read.
A majority vote in each house to elect.
When ma- jority of joint con- vention may elect.
Vacancies, how filled.
§ 1145. SEC. 2. Whenever, on the meeting of the legislature, a vacancy shall exist in the representation of this state in the senate of the United States, the legislature shall proceed, on the second Tues- day after the commencement and organization of its session, to elect a person to fill such vacancy in the manner hereinbefore provided for the election of a senator for a full term; and if a vacancy shall hap- pen during a session of the legislature, then on the second Tuesday after the legislature shall have been organized, and shall have notice of such vacancy, the legislature shall proceed to elect as aforesaid.
Governor to certify election.
§ 1144. 1869, p. 1, Jan. 18, Act 1. SECTION 1. The People of the State of Michigan enact, That the legislature which shall be chosen next preceding the expiration of the time for which any senator was elected to represent this state in congress of the United States, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in congress, in place of such senator so going out of office, in the following manner: Each house shall openly, by a viva voce vote of each member present, name one per- son for senator in congress; and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the journal of each house by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on such day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day following that on which pro- ceedings are required to take place as aforesaid, the members of the . two houses shall convene in joint convention, and the journal of each house shall then be read; and if the same person shall have received a majority of all the votes in each house, such person shall be declared duly elected a senator to represent this state in the congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint conven- tion shall then proceed to choose by a viva voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint convention, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such a . majority on the first day, the joint convention shall meet at twelve o'clock, meridian, of each succeeding day during the session of the legislature, and take at least one vote until a senator shall be elected.
§ 1146. Am. 1881, p. 3. Feb. 2, Sept. 10, Act. 4. SEC. 3. It shall be the duty of the governor, upon the election of a senator as herein provided, to certify his election to the president of the senate of the United States, which certificate shall be countersigned by the secre- tary of state, under the seal of the state. He shall also deliver, by mail or otherwise, a like certificate to the person so elected senator.
RULES AND ORDERS
OF THE
SENATE OF THE STATE OF MICHIGAN.
[As revised and adopted by the Senate January 9, 1901.]
CONTENTS.
PRESIDENT. 9
Rule 1. President to take the chair, journal to be corrected and approved.
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2. May appoint senator to perform duties of chair.
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3. May decide questions of order subject to appeal, etc.
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4. President shall appoint committees, unless otherwise directed.
SECRETARY.
Rule 5. To keep journal, have printed and placed on file.
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6. Assistant secretary and bill clerk, duties of.
7. Duty relative to bills, resolutions, reports of committees, etc.
8. Duty relating to bills ordered to a third reading.
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9. Numbering of bills and joint resolutions, etc.
10. To keep record of certain bills and resolutions, make index of, etc.
DUTIES OF MEMBERS.
Rule 11. No member shall absent himself without leave. 66
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13. Members speaking to address the chair.
14. President to decide who is entitled to the floor.
ORDER OF BUSINESS.
Rule 15. Order of business after correction of journal.
COMMITTEES.
Rule 16. Standing committees, number of members of, duties of, etc. 66 17. Bills appropriating money, to what committee first referred, etc.
COMMITTEE OF THE WHOLE.
Rule 18. Proceedings when senate shall have arrived at the "General Order of the Day.'
66 19. In forming committee of the whole president to name chairman.
20. Rules to be observed in committee of the whole, etc.
BILLS AND JOINT RESOLUTIONS.
Rule 21. Titles of bills amcuding laws, what to specify.
22. How introduced.
66 23. Reading of bills and resolutions.
66 24. When bills considered as ordered to third reading, etc.
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12. When smoking not allowed.
86
SENATE RULES AND ORDERS-CONTENTS.
Rule 25. To be put on final passage in order for third reading, exceptions.
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26. Vote, etc., on passage of bills, etc., requiring two-thirds vote.
27. When amendment may be discussed on third reading; commitment or re-commitment always in order.
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28. When two-thirds vote required to pass but not to amend.
66 29. When a lost bill or one similar may be introduced.
MOTIONS AND RESOLUTIONS.
Rule 30. When debatable, when may be withdrawn.
31. What motions in order when a question is under debate, etc.
= 32. Motion to adjourn always in order, what not debatable.
66 33. When question may be divided.
66 34. Motions to strike out and insert, etc., not divisible.
66 35. Decision to lay on table, to carry with it all questions, etc.
66 36. Reconsideration of questions, etc.
YEAS AND NAYS.
Rule 37. Names of members voting for or against, to be recorded, etc., members must vote unless previously excused.
38. When yeas and nays have been ordered right to debate ceases.
INDEFINITE POSTPONEMENT.
Rule 39. Vote required to postpone indefinitely.
CALL OF THE SENATE.
Rule 40. May be ordered by a majority of members present, etc., penalty on members absent without leave.
PREVIOUS QUESTION.
Rule 41. How put, when admissible, not debatable, etc.
APPEALS.
Rule 42. From the decisions of the chair; when appeals not debatable.
43. May be laid on the table, etc.
EXECUTIVE SESSIONS.
Rule 44. When doors to be closed, who to remain, etc.
45. Proceedings in, to be kept in separate journal, etc.
CONTESTED ELECTIONS.
Rule 46. Notice required in cases of, etc.
MISCELLANEOUS.
Rule 47. Statement of contents to be endorsed on petitions, etc.
66 48. Questions relating to priority of business to be decided without debate.
49. Member called to order to take his seat; president to decide questions of order subject to appeal, etc.
66 50. Who may be admitted within the bar, etc.
66 51. Alteration, rescinding, changing or suspending of rules.
SENATE RULES.
RULE 1. The first order of business shall be the correction of the journal of the preceding day.
PRESIDENT.
RULE 2. The president, or in his absence the president pro tempore, shall have the right to name any senator to act as presiding officer, and such senator, during the time specified, shall exercise all the powers of the president.
RULE 3. The president shall decide all questions arising under the senate rules and general parliamentary practice, subject to an appeal, which appeal shall be determined by a majority of the senators present and voting.
RULE 4. The president, unless otherwise directed, shall appoint all com- mittees.
SECRETARY.
RULE 5. It shall be the duty of the secretary of the senate to keep a correct journal of each day's proceedings, and to have the same printed and copies thereof placed upon the files of the president, senators and reporters.
RULE 6. The secretary shall appoint as assistants in the performance of the duties required of him, first and second assistant secretaries, a proof reader, a stenographer, and a messenger, each one of whom shall be subject to the orders of the secretary and to summary removal by him on failure to properly perform the duties assigned him, such removal and the reasons therefor to be reported forthwith to the senate. In case of inability of the secretary, from sickness or other cause, to perform the duties of his office temporarily, the assistant secre- tary designated by him shall be charged with the responsibility of the secretary and shall perform his duties.
RULE 7. The secretary of the senate shall make a list of all bills, resolutions, reports of committees, and other proceedings of the senate. All bills and joint resolutions referred to the committee of the whole, and not made a special order, shall constitute the general orders, and be considered in the order of their refer- ence, unless the senate or committee of the whole shall otherwise determine. The secretary shall prepare and place on the desk of each senator a list of the business under each order of business, whenever in his judgment there is a suffi- cient amount of business on hand to warrant the printing of such list; and as soon as may be after the first fifty days of the session, he shall prepare a calen- dar of all bills and joint resolutions introduced, with their history up to that date. As soon as may be after the announcement of the standing committees of the senate, he shall have prepared a directory which shall sliow a list of the senators, with number of the district of each, his county, home postoffice, Lan- sing address, nativity and profession or occupation; a list of counties, showing senators representing the same; a list of standing committees of the senate, showing membership thereof; a list of special committees; the assignment of committee rooms; a list of officers and employés of the senate, and such other matter as he deems advisable.
RULE 8. The secretary shall cach day make a file of all bills and joint resolu- tions ordered to a third reading, and they shall be placed on such file in the order in which they were so ordered. He shall be responsible to the senate for
·
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THE LEGISLATURE.
the care and preservation of every bill and joint resolution introduced in the senate, and for each bill and joint resolution received from the house up to the time of its return to that body, which responsibility shall only be relieved by a. receipt from a proper person when the bill is necessarily in the hands of a com- mittee for consideration. When a bill has been finally passed by the two houses. he shall attend to the enrollment printing of the same, in accordance with the statute relating thereto, and present the same to the governor, taking a receipt therefor, showing the day and hour at which each bill was deposited in the executive office.
RULE 9. The secretary shall number every bill and joint resolution in the order of its introduction. The number so given shall be known as the senate bill numbers. All bills and joint resolutions shall be printed upon the recommenda- tion of the committee having the same in charge or upon the request of the sen- ator introducing the same. When bills or joint resolutions are printed, the secretary shall give to each another number, in the order in which printed. Such numbers shall be known as the file numbers. He shall also cause to be printed at the head of every bill or joint resolution printed, the number of the same, the file number, the name of the senator introducing the bill, the date of introduc- tion, the committee reporting, and the character of the report.
RULE 10. The secretary shall keep a record of all senate bills and joint resolu- tions and of all house bills and joint resolutions received by the senate, in which record he shall enter the title, number and name of the senator or member intrò- ducing each such bill or resolution, and the committee to whom the same is referred. He shall also make an entry therein of every disposition made of each bill or joint resolution and the date thereof. He shall also make an index of all bills and joint resolutions introduced in the senate, referring to the same by their numbers.
DUTIES OF MEMBERS.
RULE 11. No senator shall absent himself from the senate without leave first. obtained.
RULE 12. Smoking shall not be allowed in the senate chamber during the time the senate is in session, and the presiding officer shall enforce this rule.
RULE 13. Every senator, when he arises to speak, shall address the chair, standing at his desk. No senator shall speak more than twice in any one debate on the same day, without leave of the senate, except chairmen of committees upon matters reported by them.
RULE 14. When two or more senators rise at the same time, the president shall name the senator who is first to speak.
ORDER OF BUSINESS.
RULE 15. After the correction and approval of the journal, the order of busi- ness shall be as follows :
Messages from the governor. Communications from state officers.
Motions and resolutions.
Presentation of petitions.
Reports of standing committees.
Reports of select committees.
Messages from the house.
Notices.
Introduction of bills.
Unfinished business. Special orders of the day. General orders.
Third reading of bills.
89
SENATE RULES.
COMMITTEES.
RULE 16. The following standing committees shall be appointed at the com- mencement of a regular session, the first named senator to be the chairman:
Agricultural college. Agricultural interests. Apportionment.
Asylum for insane at Kalamazoo.
Asylum for insane at Newberry.
Asylum for insane at Pontiac.
Asylum for insane at Traverse City.
Banks and corporations.
Cities and villages.
Claims and public accounts.
College of mines. Constitutional amendments.
Counties and townships.
Education and public schools. Elections.
. Executive business.
Federal relations.
Finance and appropriations. Fisheries.
Forestry interests.
Gaming interests. Geological survey.
Home for feeble minded. Horticulture.
Immigration. " Industrial home for girls.
Industrial school for boys. Insurance.
Judiciary.
Labor interests.
Liquor traffic.
Mechanical interests.
Military affairs.
Mining interests.
Normal college.
Normal school at Mt. Pleasant.
Normal school at Marquette.
Printing. Public buildings.
Public health. Railroads. Reformatory at Ionia.
Religious and benevolent societies.
Roads and bridges.
Rules and joint rules.
Saline interests. School for the blind.
School for the deaf.
Soldiers' home. State affairs.
State asylum. State lands.
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90
THE LEGISLATURE.
State library.
State prison. State prison at Marquette. State public school. Supplies and expenses. Taxation.
University.
The following committees shall consist of five senators: Finance and appro- priations, judiciary, railroads, cities and villages, labor interests, executive busi- ness, apportionment, banks and corporations, fisheries, game interests, and tax- ation. All other committees shall consist of three members. No committee shall sit during the session of the senate, unless with leave granted; nor employ clerks, nor incur any public expense, unless authorized by resolution of the senate. The committees shall report upon all matters referred to them, without unnecessary delay, and shall return all petitions and other papers referred to them to the secretary of the senate. All nominations to office submitted by the governor, and all other executive business, shall be referred to the committee on executive business and shall be reported upon by such committee with all con- venient speed. The committee on supplies and expenses of the senate shall examine all bills for supplies and expenses of senators and committees for stationery, clerk hire and other purposes not provided for by existing laws, and certify to the correctness of the same, and no such bill shall be audited or paid by any officer of the senate, or by any board or officer of the state, unless so certi- fied by the chairman or other member of the committee.
RULE 17. All bills and joint resolutions shall, on introduction, be referred to the proper committee, and when reported back to the senate shall be referred to the committee of the whole and placed on the general order, except bills appro- priating money, which shall be referred to the committee on finance and appro- priations, and reported on by that committee, before being referred to the com- mittee of the whole.
COMMITTEE OF THE WHOLE.
RULE 18. When the senate shall have arrived at the "General Orders of the Day," it shall go into committee of the whole upon such orders, or a particu- lar order designated by the senate, and no business shall be in order unless the whole are considered or passed, or the committee rise; and unless a particular bill is ordered up, the committee of the whole shall consider, act upon or pass the general orders, according to the order of their reference.
RULE 19. In forming a committee of the whole senate, a chairman to be named by the president, unless otherwise ordered, shall preside.
RULE 20. The rules of the senate shall be observed in committee of the whole, so far as they may be applicable, except limiting debate, ordering the previous question, and taking the yeas and nays. A motion that the committee rise shall always be in order and shall be decided without debate. Motions recommend- ing action by the senate shall take precedence in the same order as analogous motions in the senate.
BILLS AND JOINT RESOLUTIONS.
RULE 21. In all bills amending any part of the last compilation of the laws, the section or sections amended shall be referred to in the title of the bill, by the compiler's numbers, and the object of the bill shall be expressed in its title. The title of any bill amending any act if not compiled, shall refer to the section or sections amended, state the number of the act, and specify the date of its approval.
RULE 22. At least one day's notice shall be given of the introduction of any bill amending an act of incorporation.
RULE 23. Every bill shall receive three readings previous to its being passed,
91
SENATE RULES.
and the president shall give notice of each, whether it be the first, second or third. No bill shall be amended or committed until it shall have been twice read; and all joint resolutions which direct the payment of money, or the incur- ring of any expense, or which purpose any amendment to the constitution, shall be treated as bills.
RULE 24. All bills recommended for passage by the committee of the whole shall be considered as ordered to a third reading without further action.
RULE 25. All bills shall be put upon their final passage in the same order in which they are ordered to a third reading, unless the senate shall otherwise direct.
RULE 26. The question on the final passage of all bills and joint resolutions, which by the constitution require the assent of two-thirds of the senators elect, shall be taken by yeas and nays, and entered on the journal, and unless two- thirds of all the senators elect vote in the affirmative, the bill or joint resolution shall be declared lost. And whenever such bill or joint resolution shall receive snch assent of two-thirds as aforesaid, the fact thereof shall be certified upon said bill or joint resolution. The president shall certify the passage of all bills and joint resolutions to the governor.
RULE 27. No amendment shall be received for discussion at the third reading of any bill, resolution or proposed amendment of the constitution, recommended for passage by committee of the whole, unless seconded by a majority of the senate, but it shall at all times be in order, before the final passage of the bill, resolution or proposed constitutional amendment, to move its commitment or recommitment.
RULE 28. When a proposed amendment to the constitution, or any bill requir- ing the concurrence of two-thirds of the senators elect is under consideration, the concurrence of such two-thirds shall not be requisite to decide any question for amendment, or relating to the merits, being short of the final question, ex- cept on amendments to bills that are returned from the house of representatives to the senate for final action.
RULE 29. When a bill or joint resolution originating in either house shall have been lost in the senate, neither the same nor any other bill or joint resolution on the same subject and containing similar provisions, shall be subsequently con- sidered by the senate during the same session.
MOTIONS AND RESOLUTIONS.
RULE 30. No motion or resolution shall be debated until the same is stated by the chair, and it shall be reduced to writing if required by the president or any senator, and shall be delivered in at the desk and read by the president or secre- tary before the same shall be debated; but the same may be withdrawn at any time before the decision or amendment.
RULE 31. When a question is under debate, no motion shall be received but-
1. To adjourn.
2. To take a recess.
3. To lay on the table.
4. For the previous question.
5. To postpone to a day certain.
6. To commit.
7. To amend.
8. To postpone indefinitely.
Which several motions shall take precedence in the order in which they stand arranged. When a recess is taken during the pendency of any question, the con- sideration of such question shall be resumed upon the re-assembling of the senate.
RULE 32. A motion to adjourn shall always be in order; that and the motion
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THE LEGISLATURE.
to lay on the table shall be decided without debate. A motion for recess, pend- ing the consideration of other business, shall not be debatable.
RULE 33. If a question before the senate is susceptible of division, the same shall be divided on the demand of any senator.
RULE 34. When the motion is made to amend by striking out and inserting other words, the same shall be deemed indivisible, but either the words proposed to be struck out or to be inserted, may be amended. .
RULE 35. A decision to lay upon the table shall carry with it all questions to which it is attached, except in the case of laying an appeal on the table.
RULE 36. When a question has been once decided, it shall be in order for any senator to move the reconsideration thereof; but no motion for the reconsider- ation of any vote shall be in order unless the bill, resolution, message, report, amendment, or motion upon which the vote was taken shall be in the possession of the senate; nor shall any motion for reconsideration be in order unless made on the same day the vote was taken, or within the next two days of the actual ses- sion of the senate thereafter, nor shall any question be reconsidered more than once. A motion to reconsider the vote by which any bill or joint resolution shall have passed the senate, shall require the votes of a majority of the sena- tors elect.
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