Michigan official directory and legislative manual for the years 1917-1918, Part 62

Author: Michigan. Dept. of State. cn
Publication date: 1917
Publisher: Lansing : [State of Michigan]
Number of Pages: 1148


USA > Michigan > Michigan official directory and legislative manual for the years 1917-1918 > Part 62


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Decisions subject to appeal.


RULE 2. The president shall decide all questions arising under the senate rules and general parliamentary practice, subject to an appeal, which appeal shall be de- termined by a majority of the senators present and voting.


Appointment of committees.


RULE 3. The president, unless otherwise directed, shall appoint all committees.


May forbid smoking.


RULE 4. The president of the senate in his judgment and when he thinks proper decorum requires the same, shall strictly forbid smoking on the floor of the senate during any session thereof.


Recognition.


RULE 5. When two or more senators rise at the same time, the president shall name the senator who is first to speak.


President pro tempore. 1


RULE 6. In the absence of the president, the president pro tempore shall exercise all the powers and perform all the duties of president, and shall preside over the senate, unless the president shall have designated a senator to preside for any day.


Temporary presiding officer.


RULE 7. In the absence of both the president and president pro tempore, unless a senator shall have been designated as presiding officer as prescribed by senate rule number 1, the senate shall appoint a senator to act as presiding officer until the president or president pro tempore shall appear.


SECRETARY .- HIS POWERS AND DUTIES.


Calling the roll and noting absentees.


RULE 8. The secretary shall call the roll at the opening of each session of the senate and announce whether or not a quorum is present. He shall announce the names of the senators absent with leave of the senate and the names of the senators absent without leave, and enter the names of all absentees upon the journal.


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Keeping and correction of the journal.


RULE 9. . The secretary of the senate shall keep a correct journal of each day's proceedings of the senate, supervise the publication thereof and make such corrections therein from day to day as may be necessary. He shall cause copies of the daily journal to be placed on the files of the president, senators, reporters, and in the several committee rooms.


Appointment of assistants.


· RULE 10. The secretary shall appoint as assistants in the performance of the duties required of him, first and second assistant secretaries, a proofreader, an assistant proof- reader, a stenographer, a financial clerk and a messenger, and such other assistants as the senate may by resolution authorize, 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.


Acting secretary.


RULE 11. In case of inability of the secretary, from sickness or other cause, to perform the duties of his office temporarily, the assistant secretary designated by him shall be charged with the responsibility of the secretary and shall perform his duties.


Daily calendar.


RULE 12. The secretary shall prepare and place on the desks of senators a calendar of the business under each order of business each day, when in his judgment there is a sufficient amount of business pending to warrant the printing of such calendar.


Numbering of bills when introduced.


RULE 13. When any bill is introduced the secretary shall number the same in the order of its introduction. Such number shall be known as the senate bill number.


Printing of bills.


RULE 14. The secretary shall attend to the printing of all bills, acts or documents ordered printed by the senate. When bills 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 ordered printed, the number of the same, the file number, the name of the senator introducing the bill, the date of introduction, the name of the committee to which the bill was referred, and, if reported, the character of the report.


Announcement of printing and enrollment of bills.


RULE 15. The secretary shall announce each day the numbers and titles of all bills, both senate and house, which have been printed and placed on the files of the senators, and the numbers and titles of bills which have been enrolled and presented to the governor, and such announcement shall be entered in the journal.


File of bills on third reading.


RULE 16. The secretary sliall each day make a file of all bills ordered to a third read- ing, and they shall be placed on sucli file in the order in which they were so ordered.


Care and preservation of bills.


RULE 17. The secretary sliall be responsible to the senate for the care and preserva- tion of every bill introduced in the senate, and for each bill 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 wlien the bill is necessarily in the hands of a committee for consideration.


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THE LEGISLATURE.


Enrollment of bills and presentation to governor.


RULE 18. When a senate bill has been finally passed by the two houses the secretary 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. He shall also deposit with the secretary of state the original of the enrolled bill and take his receipt therefor.


Bill history.


RULE 19. The secretary shall keep a record of all senate bills and of all house bills received by the senate, in which record he shall enter the title, number of the bill and the name of the senator or member introducing each such bill and the committee to whom the same is referred. He shall also make an entry therein of every disposition made of each bill and the date thereof. He shall also make an index of all bills introduced in the senate, and of all bills received from the house, referring to the same by their numbers.


Employes at extra sessions.


RULE 20. Whenever the legislature shall be called to meet in extraordinary ses- sion, the secretary of the senate shall notify to be present at the opening of the session such of the clerks and employes of the senate as the president of the senate shall designate.


Powers and duties of sergeant-at-arms.


RULE 21. The sergeant-at-arms shall be the chief police officer of the senate. He shall have charge of and direct the work of the assistant sergeants-at-arms, the keepers of the cloak and committee rooms, janitors and messengers and shall have control of all police regulations. He shall attend to the heating, lighting and ventilation of the senate chamber, committee rooms and connecting corridors. He shall serve all subpoenas and warrants issued by the senate or any duly authorized officer or committee. In case of sickness the president of the senate shall name one of the assistant sergeants- at-arms to perform the duties of sergeant.


Senators not to be absent without leave.


RULE 22. No senator shall absent himself from the senate without leave first obtained.


Times senators may speak.


RULE 23. When a senator arises to speak, he 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 on matters reported by them.


Order of business.


RULE 24. The order of business of the senate shall be as follows:


1. Presentation of petitions.


2. Announcement by secretary of printing and enrollment of bills.


3. Messages from the governor.


4. Communications from state officers.


5. Messages from the house.


6. Reports of standing committees.


7. Reports of select committees.


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.


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MICHIGAN MANUAL.


Standing committees.


RULE 25. The following standing committees shall be appointed at the commence- ment of a regular session, the first named senator to be the chairman:


Agricultural interests.


Apportionment.


Banks and corporations. Central Michigan normal school. 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 and state lands.


Gaming interests.


Geological survey.


Horticulture.


Immigration.


Industrial home for girls.


Industrial school for boys.


Insurance.


Ionia state hospital.


Judiciary. Kalamazoo state hospital.


Labor interests.


Liquor traffic.


Mechanical interests.


Michigan agricultural college.


Michigan employment institution for the blind.


Michigan farm colony for epileptics.


Michigan home and training school.


Michigan reformatory.


Military affairs.


Mining interests.


Newberry state hospital.


Normal college.


Northern state normal school.


Pontiac state hospital.


Printing. Public buildings.


Public health.


Railroads.


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 library. State prison at Jackson. State prison at Marquette. State public school.


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THE LEGISLATURE.


State tuberculosis sanatorium.


Supplies and expenses. Taxation. Traverse City state hospital. University. Western Michigan normal school.


Number of senators on committees.


RULE 26. The following standing committees shall consist of five senators each: Finance and appropriations, judiciary, railroads, cities and villages, labor interests, executive business, apportionment, banks and corporations, fisheries, gaming interests, taxation, elections, constitutional amendments, state affairs, liquor traffic and insurance. All other committees shall consist of three senators each.


Duties of committees.


RULE 27. 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 resolu- tion 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.


Committee on executive business.


RULE 28. All nominations to office submitted by the governor, and all other ex- ecutive business, shall be referred to the committee on executive business and shall be reported upon by such committee with all convenient speed.


Committee on supplies and expenses.


RULE 29. 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 officers of the state, unless so certified by the chairman.or other member of the committee. No motion or resolution calling for an appropriation or expenditure of money shall be acted upon by the senate without first having been referred to some appropriate committee for its consideration and recommendation.


Reference of bills.


RULE 30. All bills shall, on introduction, be referred to the proper committee by the president, and when favorably reported back to the senate shall be referred to the committee of the whole, except bills appropriating money, which shall be referred to the committee on finance and appropriations, and be reported on by that committee, before being referred to the committee of the whole.


Adverse reports and reports without recommendation.


RULE 31. All bills reported adversely or without recommendation by any committee, unless otherwise ordered by the senate, shall lie on the table.


Bills constituting general orders.


RULE 32. Bills referred to the committee of the whole, and not made a special order, shall constitute the general orders, and be considered in committee of the whole in the order of their reference, unless the senate or committee of the whole shall other- wise determine.


Printing of bills.


RULE 33. Any bill shall be printed on the recommendation of the committee having the same in charge or on the request of the senator introducing the same.


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MICHIGAN MANUAL.


Bills printed on reference to committee of the whole.


RULE 34. All bills not previously printed shall be printed on being referred to the committee of the whole.


General orders to be considered in committee of the whole.


RULE 35. When the senate shall have arrived at order of "General Orders of the Day," it shall resolve itself into committee of the whole upon such orders, or a particular order designated by the senate, and no other business shall be in order unless the whole are considered or passed, or the committee rise.


Chairman of committee of the whole.


RULE 36. When the senate shall resolve itself into a committee of the whole senate, the president, unless otherwise ordered by the senate, shall designate a senator who shall be chairman of said committee.


Printing of amendments in journal.


RULE 37. No bill which shall have been reported with amendment by any special or standing committee shall be considered in committee of the whole until such amend- ment or amendments shall have been printed in full in the journal; nor shall any bill amended in committee of the whole be considered on third reading until all amend- ments made in committee of the whole shall have been printed at length in the journ- al; nor shall any bill amended on third reading be put upon its final passage until the amendment or amendments made thereto shall have been printed at length in the journal.


Rules in committee of the whole.


RULE 38. 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 recommending action by the senate shall take precedence in the same order as analogous motions in the senate. A motion to reconsider shall be in order in committee of the whole.


Bills introduced in duplicate.


RULE 39. Each bill introduced shall be accompanied by a true copy, and in each bill amending existing law changes or new matter shall be placed in brackets, and matter which has been omitted shall be indicated by three asterisks. At least one day's notice shall be given of the introduction of any bill amending an act of incorporation.


Reference to compiler's number.


RULE 40. In all bills to amend any part of the last compilation of the laws, the sec- tion 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 not compiled shall refer to the section or sections amended, state the number of the act, and specify the date of its approval.


Five days' possession of bills.


RULE 41. Every bill shall have been printed and in the possession of the senate at least five days before the vote on the final passage of the same is taken.


Bills ordered to third reading.


Rule 42. All bills recommended for passage by the committee of the whole shall be placed on the order of third reading of bills.


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THE LEGISLATURE.


Bills on third reading.


RULE 43. All bills shall be put upon their final passage in the order in which they are ordered to a third reading unless the senate shall otherwise direct.


Three separate readings of bills.


RULE 44. Every bill shall receive three readings previous to its being passed and the president shall give notice of each reading whether it be the first, second or third. No bill shall be amended or committed until it shall have been twice read. The first and second readings may be by title only, but the third reading shall be in full unless other- wise ordered by the senate, and on a day subsequent to that on which it receives its second reading or is passed by the committee of the whole senate.


Two readings before amendment or commitment.


RULE 45. No bill shall be amended or committed until it shall have been twice read.


Amendments on third reading.


RULE 46. No amendment shall be received for discussion at the third reading of any bill or joint resolution recommended for passage by the committee of the whole, unless seconded by a majority of the senators present and voting thereon; and it shall require the vote of a majority of the senators-elect to adopt any such amendment.


Commitment in order before final passage.


RULE 47. It shall be in order at any time before the final passage of any bill or joint resolution, or the adoption of any resolution, to move its commitment or recommitment.


Vote on bills or joint resolutions requiring two-thirds.


RULE 48. The question on the final passage of any bill, or joint resolution, to pass which the constitution requires the assent of two-thirds of the senators-elect, shall be taken by yeas and nays, which shall be entered on the journal. Whenever any such bill or joint resolution shall receive the assent of two-thirds as aforesaid the fact thereof shall be certified upon said bill or joint resolution by the secretary.


Bills requiring two-thirds vote.


RULE 49. When any bill or joint resolution, to pass which the constitution requires the concurrence of two-thirds of the senators-elect, is under consideration, the con- currence of such two-thirds shall not be requisite to decide any question for amend- ment, or relating to the merits, being short of the final question, except on the question of concurring in house amendments to any such bill or joint resolution returned from the house of representatives to the senate for final action.


MOTIONS AND RESOLUTIONS.


May be required to be in writing.


RULE 50. No motion or resolution shall be debated until stated by the chair, and any motion or resolution shall be reduced to writing if required by the president or any senator, and shall be delivered in at the desk and read before the same shall be debated. Any motion or resolution may be withdrawn at any time before decision or amendment.


Precedence of motions.


RULE 51. 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 day certain;


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MICHIGAN MANUAL.


6. To commit ;


7. To amend;


8. To postpone indefinitely;


Which several motions shall take precedence in the order in which they stand arranged.


Motion to adjourn.


RULE 52. A motion to adjourn shall always be in order; that and the motion to lay on the table shall be decided without debate.


Recess.


RULE 53. A motion for recess, pending the consideration of other business, shall not be debatable. 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.


Division of question.


RULE 54. Any senator may call for a division of any pending question, which shall be divided if it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition shall remain.


Motion to strike out and insert.


RULE 55. 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.


Motion to lay on table.


RULE 56. 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.


Reconsideration.


RULE 57. 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 reconsideration of any vote shall be in order unless the bill, resolution, message, report, amendment, or motion upon which the vote was taken 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 session of the senate therefor; nor shall any question be reconsidered more than once. A motion to reconsider the vote by which any bill shall have passed the senate shall require the votes of a majority of the senators- elect to carry it.


Suspension of rules.


RULE 58. Rule 57 may be suspended by a vote of two-thirds of all the senators- elect. Any other rule may be suspended by a vote of two-thirds of the senators actually present.


Concurrent resolutions to lie over one day.


RULE 59. Every senate concurrent resolution, when offered, and every house concurrent resolution, when received, from the house of representatives, shall be read to the senate and, unless referred to a committee, shall be placed on the order of motions and resolutions for consideration by the senate when the senate shall first take up such order of business on any subsequent day.


MISCELLANEOUS.


Yeas and nays may be demanded by any senator.


RULE 60. On demand of any senator the vote on any pending question shall be taken by yeas and nays.


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THE LEGISLATURE.


Other business cannot interrupt roll call.


RULE 61. When the yeas and nays are ordered upon any question, and after the question is stated from the chair, the secretary is directed to call the roll, and the first vote is given, no senator shall be entitled to speak on the question, nor shall any motion be in order until such roll call is finished and the result declared.


Indefinite postponement.


RULE 62. A motion to postpone indefinitely the further consideration of any bill, resolution, or any other matter, shall require the votes of a majority of the senators-elect to carry it, and the vote upon such a motion shall not be reconsidered. A motion to lay on the table a motion to reconsider the vote by which any bill.or resolution shall have failed to pass the senate, if agreed to, shall have the effect to postpone indefinitely the consideration of the bill or resolution, and shall require the votes of a majority of the senators-elect to carry it.


Call of the senate.


RULE 63. A call of the senate may be ordered by a majority of the senators present, whether a quorum or not, and in pursuance thereof the sergeant-at-arms, or any other person or persons duly empowered by a majority of the senators present and voting, may be dispatched for and may arrest any or all senators absent without leave, as said majority shall agree (at the expense of such absent senators respectively, unless such excuse shall be made for non-attendance as the senate, when a quorum is convened, shall judge sufficient, in which case the same shall be paid as incidental expenses of the senate). And any such senator or senators absent without sufficient excuse shall not be enti- tled to per diem allowance during the time of absence in case the senate shall so de- termine.


Effect of tabling motion to reconsider.


RULE 64. It shall not be in order to take from the table a motion to reconsider, nor shall the vote whereby any motion to reconsider was laid on the table be reconsidered.


Previous question.


RULE 65. The mode of ordering the previous question shall be as follows: Any · senator may move the previous question. This being seconded by at least one other senator, the chair shall submit the question in this form, "Shall the main question now be put?" This shall be ordered only by a majority of the senators present and voting. The effect of ordering the previous question shall be to instantly close debate and bring the senate to an immediate vote on the pending question or questions in their regular order. The motion for the previous question may be limited by the mover to one or more of the questions preceding the main question itself, in which case the form shall be, "Shall the question, as limited, be now put?" The yeas and nays may be demanded on any vote under this rule, and a motion for a call of the senate shall be in order at any time prior to the ordering of the previous question. Any question of order or appeal from the decision of the chair, pending the previous question, shall be decided without debate. When the question is on a motion to reconsider, under the operation of the previous question, and it is decided in the affirmative, the previous question shall have no operation upon the question to be reconsidered. If the senate refuses to order the previous question, the consideration of the subject shall be resumed, as if no motion therefor had been made.


Appeals.


RULE 66. Any senator may appeal from any decision of the chair. On all appeals the question shall be: "Shall the decision of the chair stand as the judgment of the senate?" Appeals shall be debatable except when the senate is under the operation of the previous question or the decision appealed from relates to priority of business.




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