USA > Michigan > Michigan official directory and legislative manual for the years 1909-1910 > Part 58
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by the clerk, no member shall walk out of or across the house; nor in such case or when a member is speaking, shall entertain private discourse or pass between him and the chair.
Conduct on adjournment.
RULE 29. When the house adjourns, the members shall keep their seats until the speaker announces the adjournment.
CHAPTER IV.
COMMITTEES.
STANDING COMMITTEES.
Names and number of members.
RULE 30. All standing committees shall be appointed at the commencement of the session.
The committees on city corporations, fish and fisheries, general taxation, judiciary, liquor traffic, private corporations, public lands and forestry interests, railroads, revision and amendment of the statutes, state affairs, and ways and means shall consist of nine members each.
The committees on apportionment, elections, and revision and amendment of the constitution shall consist of thirteen members each.
All other committees shall consist of five members each.
The standing committees of the house shall be as follows:
1. Agricultural college.
2. Agriculture.
3. Apportionment.
4. Asylum for criminal insane.
5. City corporations.
6. College of mines.
7. Drainage.
8. Eastern asylum for insane.
9. Education.
10. Elections.
11. Federal relations
12. Fish and fisheries.
13. Game laws.
14. General taxation.
15. Geological survey.
16. Home for feeble minded.
17. Horticulture.
18. Industrial home for girls.
19. Industrial school for boys.
20. Institution for the deaf.
21. Insurance.
22, Judiciary.
23. Labor.
24. Liquor traffic.
25. Local taxation.
26. Lumber and salt.
27. Michigan asylum for insane.
28. Michigan employment institution for the blind.
29. Military affairs.
30. Mines and minerals.
31. Normal schools.
32. Northern asylum for insane.
33. Printing.
34. Private corporations.
35. Public health.
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36. Public lands and forestry interests.
37. Railroads.
38. Religious and benevolent societies.
39. Revision and amendment of the statutes.
40. Revision and amendment of the constitution.
41. Roads and bridges.
42. Rules and joint rules.
43. School for the blind.
44. Soldiers' home.
45. State affairs.
46. State capitol and public buildings.
47. State house of correction.
48. State library.
49. State prison.
50. State public school.
51. State sanatorium.
52. Supplies and expenditures.
53. Towns and counties.
54. University.
55. Upper Peninsula hospital for the insane.
56. Upper Peninsula prison.
57. Village corporations.
58. Ways and means.
Chairmen of committees.
RULE 31. The first named member of any committee shall be the chairman, unless the committee by a majority of their number elect a chairman.
Sitting of committees during sessions of house.
RULE 32. No committee shall sit during the sessions of the house, without special leave of the house.
.
Notices of adverse reports.
RULE 33. All standing committees before reporting without recommendation or adversely to any bill shall notify the member presenting such bill when and where he may meet such committee to explain the same; such notice to be given by mail in the house postoffice twenty-four hours, or in person at any time, before so reporting.
COMMITTEE OF THE WHOLE. 1
General orders of the day.
RULE 34. All bills reported favorably by any committee of the house shall be ordered printed and referred to the committee of the whole. Such bills shall be kept on file in the order of their reference for consideration by the committee of the whole and such file shall be called the "General orders of the day."
Consideration of bills.
RULE 35. When the house shall have arrived at the "General orders of the day," it shall go into committee of the whole upon such orders, or a particular order designated by a vote of the house, and no business shall be in order until the whole are considered or passed, or the committee rise; and unless a particular bill is ordered up by the house the committee of the whole shall consider, act upon or pass the general orders according to the order of their reference.
Reading; debate; amendment.
RULE 36. In committee of the whole bills shall be read and debated by sections, leaving the bill as a whole to be last considered. The body of the bill shall not be defaced or interlined, but all amendments shall be entered on separate pieces of paper, and reported to the house by the chairman standing in his place.
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Motion that committee rise.
RULE 37. A motion that the committee rise sliall always be in order and shall be decided without debate.
Reconsideration.
RULE 38. A motion to reconsider shall be in order in committee of the whole.
Application of house rules.
RULE 39. The rules of the house shall be observed in committee of the whole, so far as they may be applicable, except that it cannot refer matter to any other com- mittee; it cannot adjourn, the previous question shall not be ordered, the yeas and nays shall not be called, a motion to indefinitely postpone shall not be in order, a member may speak more than once, and the title or enacting words of the bill shall not be amended or stricken out.
CHAPTER V.
TRANSACTION OF BUSINESS.
ORDER OF BUSINESS.
RULE 40. The order of business of the house shall be as follows:
1. Presentation of petitions.
2. Announcement by clerk of printing and enrollment of bills.
3. Reports of standing committees.
4. Reports of select committees.
5. Messages from the governor.
6. Communications from state officers.
7. Messages from the senate.
8. Notices. .
9. Introduction of bills.
10. Third reading of bills.
11. Motions and resolutions.
12. Unfinished business.
13. Special orders of the day.
14. General orders of the day.
PETITIONS.
Printing in journal.
RULE 41. . No memorial, remonstrance, or petition shall be printed in full in the daily journal without having been first read to the house.
MOTIONS AND RESOLUTIONS. IN GENERAL.
Stating motions.
RULE 42. When a motion is made and, when necessary under the rules, seconded. it shall be stated by the speaker; or, if in writing, it shall be handed to, and read aloud by the clerk before being debated.
Reducing to writing.
RULE 43. Every motion shall be reduced to writing if the speaker or any member shall request it, and shall be entered on the journal, together with the name of the member making it, unless withdrawn or ruled out of order by the speaker.
When in possession; withdrawal.
RULE 44. After a motion has been stated by the speaker, or read by the clerk, it shall be deemed to be in the possession of the house, but may be withdrawn at any time before decision or amendment.
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Precedence of motions.
RULE 45. When a question is under debate, no motion shall be received but-
1. To adjourn.
2. To take a recess.
3. To reconsider.
4. To lay on the table.
5. For the previous question.
6. To postpone to a day certain.
7. To commit.
8. To amend.
9. To postpone indefinitely.
Such motions shall take precedence in the order in which they stand arranged. When a recess is taken during the pendency of any question, the consideration of such question shall be resumed upon reassembling, unless otherwise determined. No motion to post- pone to a day certain, to commit or to postpone indefinitely, being decided, shall be again allowed on the same day and at the same stage of the question.
Always in order, not debatable.
RULE 46. A motion to adjourn shall always be in order; that and the motion to lay on the table, and all matters relating to questions of order, shall be decided with- out debate. A motion for a recess, pending the consideration of other business, shall not be debatable.
Order of putting questions.
RULE 47. All questions shall be put in the order they were moved, except in the case of privileged questions.
Amendments to be germane.
RULE 48. No motion or proposition on a subject different from that under con- sideration shall be admitted under color of an amendment.
Division of question.
RULE 49. Any member may call for a division of the question, which shall be divided if it comprehend propositions in substance so distinct that one being taken away a substantive proposition shall remain for the decision of the house. A motion to strike out and insert shall be deemed indivisible. '
Concurrent resolutions.
RULE 50. Every order or resolution to which the concurrence of the senate shall be necessary shall be read to the house, and shall lie upon the table one day preceding its adoption. Such order or resolution shall be taken up the next day after it is offered under the order of "Motions and resolutions." In case such order or resolution is not reached under that order of business at the next succeeding session it shall be considered thereafter under the order of "Unfinished business."
MOTIONS FOR THE PREVIOUS QUESTION.
Method of ordering.
RULE 51. The method of ordering the previous question shall be as follows: Any member may move the previous question. This being seconded by at least ten members, the chair shall put the question, "Shall the main question now be put?" This shall be ordered only by a majority of the members present and voting. After the seconding of the previous question and prior to ordering the same, a call of the house may be moved and ordered or a demand for the yeas and nays may be made, but after ordering the previous question nothing shall be in order prior to the decision of the pending questions, except points of order and appeals from the decision of the chair, which shall be decided without debate. The effect of the previous question shall be to put an end to all debate and bring the house to a direct vote upon all pending questions in their order down to and including the main question. When a motion to reconsider is taken under the
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previous question and is decided in the affirmative, the previous question shall have no operation upon the question to be reconsidered. If the house shall refuse to order the main question, the consideration of the subject shall be resumed as though no motion for the previous question had been made.
MOTIONS TO RECONSIDER.
Motion for reconsideration.
RULE 52. Any member may move for a reconsideration of any question on the same or next succeeding day; and such motion shall take precedence of all other ques- tions, except a motion to adjourn and a motion to take a recess, but shall not be renewed on the same day. A motion to reconsider any question if laid on the table may be taken therefrom and disposed of at any time within the period allowed by this rule for moving a reconsideration. The motion to postpone indefinitely shall require the votes of a majority of the members-elect, and shall not be reconsidered.
Notice of reconsideration.
RULE 53. A notice of intention to move for a reconsideration of any bill may be given by any member, and the bill shall be retained by the clerk of the house until after the time expires during which under rule 52, the motion can be made, unless such notice is given within three days of the time when the house will cease to transact business.
Majority vote.
RULE 54. Any proposition which requires for its adoption a two-thirds vote may, upon failure of adoption, be reconsidered by a majority vote.
MOTIONS FOR CALLS OF THE HOUSE.
Ordering calls of the house.
RULE 55. Calls of the house may be ordered upon motion by a majority of the members present, but such majority shall not be less than fifteen in number. A motion for a call of the house shall not be entertained after the previous question is ordered.
Procedure.
RULE 56. After a call of the house is ordered the members shall not be permitted to go without the bar of the house without leave of the house. The roll of the house shall be called by the clerk and the absentees noted. The doors shall then be closed and the sergeant-at-arms may, upon motion, be dispatched after the absentees. In such case a list of the absentees shall be furnished by the clerk to the sergeant-at-arms, who shall report such absentees at the bar of the house with all possible speed. In case the sergeant-at-arms shall require assistance in addition to the regularly appointed assistant sergeants-at-arms of the house, the speaker may, upon motion, deputize any person properly qualified as a special assistant sergeant-at-arms.
BILLS.
Introduction.
RULE 57. A bill may be introduced in order at any time, without notice, unless it has for its purpose the changing of the charter of a corporation, in which case at least one day's notice shall be given, which notice shall be in writing and shall contain the title of the bill. All bills shall be introduced in duplicate and shall be in typewritten or printed form,
Order of consideration.
RULE 58. The regular order to be taken by bills introduced in the house shall be as follows:
1. Notice of introduction (if a bill proposing an amendment to an act of incor- poration).
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2. Introduction, first and second readings of title and reference to a committee by the speaker.
3. Report by the committee and placing on the general orders (if an appropriation bill, reference to the committee on ways and means, report by that committee and then placing on the general orders).
4. Consideration in the committee of the whole in order of reference.
5. Report by the committee of the whole and placing on order of third reading of bills.
6. Third reading at length and vote on passage.
7. Transmission to senate (if passed).
8. Return by senate and reference to clerk for enrollment printing.
9. Report by clerk of enrollment printing and presentation to the governor. Senate bills shall, as far as possible, take the same course as house bills.
All resolutions proposing amendments to the constitution shall take the same course as bills.
Nothing in this rule contained shall be construed to prevent a majority of the mem- bers-elect of the house from discharging a committee from the further consideration of any measure. A notice of at least one day shall be given of a motion to discharge any such committee, said notice to be in writing and entered in the journal. In case a committee of the house is discharged from the further consideration of a bill, the bill shall be printed, referred to the committee of the whole and placed on the general orders.
Reading.
RULE 59. Every bill shall receive three several readings previous to its passage. The first and second readings may be by its title only, but the third reading shall be in full, unless otherwise ordered by the house, and on a day subsequent to that on which it receives its second reading or passed the committee of the whole house. No bill shall be passed until it has been printed and in the possession of the house for at least five days. A request by a member that a bill be printed out of regular order must be in writing and shall be referred to the committee on printing for determination. Commitment and amendment.
RULE 60. No bill shall be committed or amended until it has passed its first and second readings. No bill shall be altered or amended on its passage through the house so as to change its original purpose.
Amendment; vote.
RULE 61. Bills which have been considered in committee of the whole may be amended by the house by a two-thirds vote of all the members present and voting thereon. When any bill considered in committee of the whole shall have been recom- mitted, any amendments made thereto by the committee may be concurred in by a majority vote of the members present and voting thereon.
RULE 62. Bills placed on the order of third reading, or their final passage, with- out having been considered in committee of the whole, may be amended prior to their passage by a majority vote of the members present and voting thereon.
Majority vote on bills.
RULE 63. On the final passage of very bill the vote shall be taken by yeas and nays and entered on the journal. No bill shall be declared passed unless a majority of all the members elected to the house shall have voted in favor of its passage.
Two-thirds vote.
RULE 64. No bill appropriating the public money or property for local or private purposes, or providing for the incorporation of trust companies or corporations for banking purposes, or regulating the business thereof, or amending or repealing any law providing for such incorporation or regulation shall be passed unless two-thirds of the members elected to the house shall have voted in favor of the passage thereof.
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Title; object; reference to compiler's sections.
RULE 65. No bill shall embrace more than one object, which shall be expressed in its title. If the bill proposes any amendment to existing laws enacted prior to the last general compilation, the title shall contain also a reference to the compiler's section or sections of the compiled laws.
SPECIAL ORDERS.
RULE 66. Any subject matter made the special order for a particular day not having been reached on that day shall come up for consideration under the order of "Unfinished business" on the next succeeding legislative day.
CHAPTER VI.
MISCELLANEOUS.
READING AND ENDORSEMENT OF PAPERS.
Reading.
RULE 67. When the reading of a paper is called for and an objection is raised to such reading, the house shall determine whether or not the paper shall be read.
Endorsement.
RULE 68. Every member presenting a paper containing subject matter for the consideration of the house shall endorse the same with a statement of its subject or contents and his name.
YEAS AND NAYS.
How called.
RULE 69. In taking the yeas and nays upon any question the names of the members shall be called alphabetically.
Demands for yeas and nays.
RULE 70. Upon the passage of any question the vote shall be taken by yeas and nays and entered upon the journal of the house on the demand of any ten members.
RULES AND PRACTICE.
Amendment or suspension of rules.
RULE 71. Any rule of the house may be altered or amended by a vote of two-thirds of the members-elect, or may be suspended by a vote of two-thirds of the members shown to be present by the journal entries.
Practice.
RULE 72. The rules of parliamentary practice comprised in "Cushing's law and practice of legislative assemblies" shall govern in all cases in which they are not incon- sistent with the standing rules and orders of the house.
APPEALS.
Form of question.
RULE 73. On all appeals from the decisions of the chair, the question shall be "Shall the judgment of the chair stand as the judgment of the house?" which question shall be decided by a rising vote unless otherwise ordered by the house.
Debate.
RULE 74. No member shall speak more than once on the question of an appeal without leave of the house.
Tabling appeals.
RULE 75. An appeal may be laid on the table, but shall not carry with it subject matter before the house at the time such appeal is taken.
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JOINT RULES
OF THE
SENATE AND HOUSE OF REPRESENTATIVES.
RULE 1. Each house shall transmit to the other all papers on which any bill or resolution shall be founded.
RULE 2. When a bill or resolution which shall have passed one house is rejected in the other, notice thereof shall be given to the house in which the same may have been passed.
RULE 3. Messages from one house to the other shall be communicated by the secre- tary of the senate and clerk of the house of representatives, unless the house trans- mitting the message shall especially direct otherwise.
RULE 4. It shall be in the power of either house to amend any amendment made by the other to any bill or resolution.
RULE 5. In every case of a difference between the two houses upon any subject of legislation, the house wherein the difference arises shall advise the other of the dis- agreement. Such other house shall then either recede from its position relative to the subject under consideration or insist thereon and ask for a committee of conference. Upon granting the request for a conference, the house granting the request shall name a committee consisting of three members, unless otherwise ordered, on the part of such house. The other house shall be immediately notified of the action taken and of the appointment of any such committee, and such other house shall thereon name a similar committee on the part of such house. The papers involved shall be delivered to the chairman of the committee of the house in which they originated. The two com- mittees shall meet at such hour and place as shall be agreed on by the chairmen and state to each other the reasons for the action of their respective houses, and confer freely upon the matter of the difference. Each committee shall report to the house on whose part it was appointed. In case of an agreement, the papers on which the difference arose shall accompany the report of the committee of the house other than the one in which such papers originated, and such report shall be first acted upon in such house and then transmitted to the other for concurrence. The report of the other committee shall be to the effect that an agreement had been reached and that a detailed report has been made to the other house, which will, if adopted by that house, be transmitted for concurrence. The vote shall first be taken in each house upon the question of the adoption of the report of the conference committee. This vote may be by yeas and nays, if the yeas and nays are demanded by the number provided for in the rules of either house. In case of the adoption of the report, the vote shall then be taken upon the question of the repassage of the bill as amended by the conference committee. This vote shall be taken by yeas and nays and shall be entered on the journal in the same manner as votes are entered on the passage of bills on the order of third reading in each house. In case of a disagreement, each committee shall report to its own house the reasons for such disagreement.
RULE 6. It shall be in order for either house to recede from any subject matter of difference existing between the two houses at any time previous to a conference, whether the papers on which such difference has arisen are before the house receding, formally or informally. A majority shall govern, except in cases where two-thirds are required by the constitution; and the question, having been put and lost, shall not be again put the same day. The consideration thereof in other respects shall be regulated by the rules of the respective houses.
RULE 7. In case each house adheres to its disagreement, the bill which is the subject of difference shall be deemed lost, and shall not be again revived during the same session in either house, unless by consent of three-fourths of the members present of the house reviving it.
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RULE 8. The same bill shall not amend or repeal more than one act of incorpor- ยท ation; nor shall the same bill appropriate public money or property to more than one local or private purpose. Any bill appropriating moneys for the payment of the officers of the government shall be confined to that purpose exclusively.
RULE 9. Whenever there shall be an election of any officer in joint convention the result shall be certified by the president of the senate and the speaker of the house of representatives; shall be announced by the presiding officers to their respective houses; shall be entered on the journal of each; and shall be communicated to the governor by the secretary of the senate and clerk of the house of representatives.
RULE 10. Whenever both houses, by the constitutional vote, direct that any bill shall take effect immediately, a statement shall be added thereto at the enrollment of the bill in words to this effect: "This act is ordered to take immediate effect."
RULE 11. Whenever a bill shall have been passed by both houses of the legislature, the objections of the governor to the contrary notwithstanding, or whenever a con- current resolution proposing an amendment to the constitution shall have been passed by both houses in the manner prescribed by the constitution, such bill or such con- current resolution shall be duly enrolled and signed by the presiding officers of both houses. The secretary of the senate and the clerk of the house shall then each attach a certificate to such enrolled copy, to the effect that the same has been passed by the senate and house respectively, in accordance with the provisions of the constitution, and shall forthwith file the same in the office of the secretary of state.
RULE 12. The title of every bill to amend or repeal existing laws passed prior to the date of the last general compilation shall refer to the chapter of the compilation containing such act, and to the sections proposed to be amended or repealed. When bills to amend existing laws are printed, words added to such laws shall be enclosed in brackets; the omission of words shall be indicated by stars; and where the proposed alteration is of such character that it cannot readily be indicated in either of the fore- going ways, it shall be indicated by printing in italics the parts differing from the ex- isting law.
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