USA > Michigan > Michigan official directory and legislative manual for the years 1921-1922 > Part 61
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Announcements by clerk or secretary .- Under the constitution, a bill may not be passed until it has been printed and in the possession of each house five days. The time begins to run after the announcement of printing. Under this order of business, the clerk announces the printing and filing of all bills ordered printed and the enrollment and presentation to the governor of all bills passed by both houses.
Reports of standing committees .- Here are received all reports from standing com- mittees relative to bills, etc., referred to them. If the report is favorable the bill is ordered printed, if not already printed, referred to the committee of the whole and placed on the general order, after concurrence in amendments recommended if any. Amendments made in one house to a bill which originated in the other, whether by committee or otherwise, are written on slips of paper and attached to the bill. They do not become a part of the bill until concurred in by the house in which the bill origi- nated. If the report is adverse the bill is subject to the order of the house, and is usually tabled. Blanks for making reports are furnished by the secretary or clerk.
Reports of select committees .- Under this head all committees appointed for a special purpose make their reports, and action is taken thereon.
Messages from the governor .- Here are announced and read all messages from the executive, whether of approval or veto, returning bills or relative to other matters.
Communications from state officers .- State officers frequently have occasion to send communications to the legislature, and are often called upon for information on certain matters connected with their departments. Their communications and replies are announced under this head.
Messages from the other house .- In the course of business many messages are received by one house from the other and are announced here. If they transmit bills the latter are read a first and second time and referred to the proper committees. If bills are returned without amendment they are referred to the clerk or secretary for enrollment, printing and presentation to the governor. If amended they are subject to the action of the house by concurrence or otherwise. If the message contains concurrent resolu- tions, they are usually acted upon at once.
Notices .- This is the proper time for giving the requisite notice of the future intro- duction of bills. Forms are furnished by the secretary or clerk for the use of members.
Introduction of bills .- Members having prepared their bills with due regard to con- stitutional requirements (Const. Art. V, Secs. 19, 20 and 21), are now permitted to intro- duce them. The bill is sent to the secretary or clerk, who reads the title, and the presi- dent or speaker announces "First reading of the bill;" the title is again read, and the presiding officer announces "Second reading of the bill." The first and second readings are by the titles only. The bill is then referred to the proper committee. Before it is offered for introduction it should be endorsed as follows: "A bill to -," giving the title in full and also the name of the introducer. Proposals to amend the constitution must be in the form of concurrent resolutions and take the same course as bills.
Third reading of bills .- Under this order such bills as have received the proper con- sideration and have been printed and in possession five days are put upon their passage. They are taken up in the order in which they are found on the files of the secretary or clerk. He announces the bill by number and title and reads the bill at length, unless the bill is by unanimous consent considered read. The president or speaker then says: "Third reading of the bill. The question is on its passage." Debate is now in order. If a member wishes to explain his vote, or to be excused from voting, he must make the
570
MICHIGAN MANUAL.
explanation or request at this time; for nothing of the kind is in order after the calling of the roll is commenced. As all bills usually have been fully considered before they reach this order, no amendments can be made to them in the senate unless seconded by a majority of the senate (rule 28) nor in the house except by a vote of two-thirds of all the members present and voting (rule 61). Debate having been concluded, the presiding officer says: "The question is now on the passage of the bill. All who are in favor of its passage will, as your names are called, say 'Aye'; those who are opposed will say 'No.' The secretary [or clerk] will call the roll." The roll is then called, the "Ayes" and "Noes" read and the number of each announced. If the requisite number of votes has been given in the affirmative, the presiding officer says: "A majority [or two- thirds] of all the members-elect having voted therefor, the bill is passed." If the bill has not received the requisite number of votes, the announcement is made in the nega- tive. If the bill passes, the presiding officer says: "The question is now on the title. The title will be agreed to unless there be objections." If any amendments are necessary to the title, they must be made now. A majority vote is all that is necessary to make such amendments. If it is desirable to give the bill immediate effect, now is the time to make the motion. The bill is then transmitted or returned to the other house, un- less notice is given by some member of his intention to move a reconsideration of the vote by which it passed.
Motions and resolutions .- This is the proper order for all motions which do not arise properly from the business under the other orders-such as motions to discharge com- mittees from the further consideration of bills; to take bills from he table; to transfer bills from one stage of their progress through the house to another; to request the gover- nor or the other house to return a bill; and all resolutions on subjects outside of the usual order of business. Any business may be brought before the house at this time by ap- propriate motions and resolutions.
Unfinished business .- In the course of the regular business of the session from day to day, it often happens that an adjournment is taken in the midst of the action on some matter before the house and before any final disposition is made of the question under discussion. In such a case the whole matter comes up under this order as soon as it is reached on any succeeding day .- See last sentence in next paragraph.
Special orders of the day .- If any business has been made the special order for a certain day, it is taken up as soon as this order of business is reached. If, however, it has been made the special order for any fixed hour of the day, it is taken up when that hour arrives, and takes precedence of all other business. In order to make any business a special order for a time certain, a two-thirds vote is necessary in the house, as it is equivalent to a suspension of the rule prescribing the daily order of business; in the senate a majority vote only is requisite to suspend that rule. If any matter on the special order is not reached on the day set, it comes up afterwards under the order of unfinished business.
General orders of the day .- The work on this order is done in committee of the whole. After bills have been favorably reported by standing committees, they are ordered printed, referred to the committee of the whole, and placed on the general order. When this order is announced, some member moves that the house resolve itself into committee of the whole on the general order. If the motion prevails, the presiding officer appoints a chairman for the committee and leaves the chair. The chairman calls the committee to order, and the bills are taken up in the order in which they are found on the file. The committee of the whole is an expedient to simplify the business of legislative bodies, by removing it from the formality of the house to the freedom and informality of a committee. No record is kept of its proceedings, and the only evidence of its work is the report made by its chairman and entered on the journal. Each member speaks as often as he pleases; hence all propositions may be thoroughly considered. When the committee is ready for work, the secretary or clerk announces the first bill on the order by number and title. He then reads the first section and the chairman asks, "Are there any amendments to section one of the bill?" After a pause if no amendments are offered, he says: " If not the section will be passed. It is passed." The other sections of the bill are then considered in the same way. When the whole bill has been read, he asks, " Are there any amendments to the body of the bill?" Pausing again, if no amend- ments are offered, he says, "If not, the bill will be passed. It is passed." No amend-
.
571
THE LEGISLATURE:
ments to a section are in order until the section has been read, nor any to the body of the bill until the whole bill has been read. The committee of the whole cannot amend the title nor strike out the enacting clause. It may recommend that all after the enact- ing clause be stricken out; that it be laid on the table; recommitted to a committee; indefinitely postponed, made a special order; put upon its immediate passage, or other- wise disposed of. If the committee desires to rise before finishing the consideration of a bill, the usual motion is "That the committee rise, report progress and ask leave to sit again." If all the bills on the general order have been considered, or if the com -- mittee has just finished the consideration of a bill and wishes to rise instead of taking up further work, the proper motion is "That the committee rise." This motion is always in order; yet if it prevails, pending action on any measure, the bill is not reported to the house by the chairman, but stays in its place upon the files. If the motion to rise is decided in the affirmative, the speaker or president resumes the chair and calls the house to order. The chairman makes his report through the secretary or clerk and the house acts upon its recommendations and amendments. If the house concurs in the committee's recommendations, the bills are disposed of in accordance therewith. If the house refuses to concur, the bills are disposed of as the house directs. If the committee has stricken out all after the enacting clause of a bill and the house concurs, the title and enacting clause are laid on the table. The amendments made in committee of the whole are written on slips of paper, and are not incorporated with the body of the bill unless the house concurs in the same. [In reference to amendments, see "Reports of standing committee."]
The bills which have been reported to the house with the recommendation that they do pass are then placed on the order of third reading of bills for consideration at or after the expiration of the five day limit.
MISCELLANEOUS.
The day's work, after the legislative session has fairly begun and the general order files are well filled, usually closes with the work in committee of the whole. The house may, however, resume the regular order of business, or it may take a recess, or adjourn to give standing committees time to work and dispose of the bills on hand, that they may be printed and placed on the general orders. Committee work is done in the rooms assigned to the respective committees.
A recess is taken from one hour of the same day to another, fixed in the motion for recess. An adjournment is taken to the usual hour of meeting on the next day, or some special hour fixed in the motion for adjournment. Each house determines the hour for the beginning of its daily sessions. When it is desirable to convene at some other hour, a motion is made "That when this house adjourns today, it stands adjourned until tomorrow at - o'clock - M." If this motion prevails then a simple motion to adjourn carries the session over to the time fixed. Each house makes such adjournments as it deems best, subject only to the restrictions of section 18, Art. V., of the constitution.
After a bill has passed both houses and has been returned to the house in which it originated, it is there referred to the clerk or secretary to be printed and presented to the governor for his approval. The clerk then has the bill printed in accordance with the provisions of sections 54-56, C. L. 1915, changing its title from "A bill" to "An act." If it has been ordered to take immediate effect and so appears by the certificates of the secretary of the senate and the clerk of the house, an additional clause is added stating that "This act is ordered to take immediate effect." This clause is often im- properly added by members in drafting a bill. It should be omitted in the draft, as it has no force unless the bill is ordered to take immediate effect, by a vote of two-thirds of all the members-elect in each house and is so certified by the two clerical officers, in which case it becomes the duty of the clerk or secretary to add the clause. The draft should also be endorsed "a bill," and not "an act," as is sometimes done. The copy of the act so printed is then submitted to the president of the senate and speaker of the house for their signatures. It is next submitted to the governor for his approval, and the clerk or secretary reports the bill as having been presented to the governor. The
572
MICHIGAN MANUAL.
original bills, as well as the enrolled copies, after approval by the governor, are finally filed in the office of the secretary of state. Any variations between the two are indi- cated by the use of brackets in the printing of the session laws.
Sections 36 and 37, Art. V, of the constitution, prescribe the duties of the governor, in relation to bills presented to him for approval. Whatever action he may take thereon is announced by him to the legislature by appropriate messages, which are entered on the journal. If he approves, this closes the history of the bill on the legislative records. If he disapproves, further action may be taken to pass the bill over the governor's veto, or the same may be finally disposed of by tabling, or indefinite postponement.
573
LEGISLATIVE DECISIONS.
MICHIGAN LEGISLATIVE DECISIONS.
NOTE .- These decisions have been carefully collected from the legislative journals from 1835 to 1921, inclusive. The comments to the rulings up to and including number 91 were first written by D. L. Crossman, for many years clerk of the House, while those from number 91 to 98 were written by Lewis M. Miller, ex-clerk of the House. Later Charles S. Pierce, ex-secretary of the Senate and ex-clerk of the House, and Paul H. King, at that time clerk of the House, revised and rewrote the decisions and comments and added to them the rulings and comments up to and including number 190. Mr. King later compiled and made the comments on the decisions from number 191 to 209, inclusive. In 1913, Dennis E. Alward, secretary of the Senate, and Charles S. Pierce, clerk of the House, revised the comments and the decisions, rewriting many of them, to conform to the present practice and the present rules of the Senate and House of Repre- sentatives. Mr. Alward and Mr. Pierce also added the decisions and the comments from number 210 to number 236, inclusive.
The references "S. J." and "H. J." stand for "Senate Journal" and "House Journal," respectively.
INDEX.
Absentees-
sending for, under call of house
17
request for attendance of, after refusal to order call.
18
reconsideration of motion to send sergeant-at-arms after 62
Adjournment-
under call of house
1
precedence of motion for
80
pending roll call
120
second motion for, when no intervening business
145
notices of reconsideration barred by final ..
170
effect of amendment to motion to fix time to which, is to be taken by sub- stituting hour of same day.
174
during operation of previous question
191
Amendment-
after motion to strike out all after enacting clause
to strike out part, after motion to strike out all.
to report of select committee
must be relevant
of amendment to amendment of other house
pending, falls upon commitment .
to parts of bills agreed to by both houses.
concurrence in, of other house to substitute, passes bill.
14
by conference committee to parts of bill already agreed to
22
recommendation of new, by conference committee
division of question on concurring in, recommended by conference com- mittee.
23 28
divisibility of motion to strike out all after word " Resolved" in joint reso- lution.
of substitute
of motion to indefinitely postpone.
adoption of more than one, by one vote
by one house to amendment of other
to make bill counterpart of one already lost
non-concurrence in, by other house
141
proposal on third reading of, offered in committee of whole not in order after previous question
150
to motion to fix time to which adjournment is to be taken by substituting hour of same day
167 174
to motion to refer bill on introduction to committee of whole, by substi- tuting name of standing committee.
175
demand for yeas and nays on, not part of report of committee of whole .. to part of bill previously amended
180
202
of report of committee of whole
203
reconsideration of one amendment out of a number adopted collectively . . 205
2.7 4 5 6 9 10 11
30
74 75 111 133 134
Dec. No.
574
MICHIGAN MANUAL.
Announcement of Vote-See Vote.
Dec. No
Answers ---
withdrawal of, on breach of privilege
69
Appeal-
privilege of, relative to protest
54
reconsideration of vote on motion to table.
66
refusal to entertain.
81, 184
on question of fact
114
right of presiding officer to vote on.
183
time when, must be taken . . 198
appeal on appeal not allowed
198
Appropriation-
payment of incidental expense, not an .. 117
of public property to private use. . 78, 82, 85, 86, 96, 97, 98, 136, 139, 151, 159 submit statements for 228
Authorities-
right of members to read .
12
Ayes-See Yeas and Nays.
Bill-
amendment of-See Amendment.
reconsideration of-See Reconsideration.
16, 115
indefinite postponement on third reading and passage of .
33
joint resolution takes same course as a . 34
introduction of, prepared by special commission 79
refusal to entertain irrelevant motions on third reading of . 81
84
consideration of, when subject matter has once been disposed of 134,
181
discussion of, on motion to suspend rules ..
137
any action on, already out of regular order not suspension of rules
146
reference to committee of whole of, reported without recommendation
149
proposal on third reading of, of amendment offered in committee of whole. unconstitutionality of, no ground for point of order 154,
155
notices for introduction of certain
158
title and enacting clause not considered as
160
retransmission of, without request
162
tabling of, after passage.
163
effect of indefinite postponement on subject matter of .
164
not printed, is not ready for consideration of committee of whole. notice of motion to discharge committee-
187
to specify date when motion will be made.
192
whether notice of second motion will be received
195
when ruled out of order, effect .
196
substitute for senate bill and house bill not good
193
whether discharging committee of whole and making bill special order in- volves suspension of rules
199
substitution of motion to discharge committee of whole by motion to discharge standing committee .
201
senate bill embracing same subject as house bill, when may be received .. 204 substitution of, does not necessitate reprinting .. 208
third reading, on same day as considered in committee of whole. 227
230
Breach of Privilege-See Privilege. Call of the House (or Senate)-
adjournment in order during.
1
sending for absent members under
17
refusal to order, renders request for attendance of no force.
18
is debatable
19
transaction of business under
20 53
precedence of, over previous question.
62
recess under
161
effect of motion to proceed with business under
173
right of members to vote while under arrest during
177 Change of Vote-See Vote.
Commitment-
amendment pending falls upon 10
divisibility of question of, with instructions
29
of bill and substitute, pending motion to table substitute 49
motion for, during taking of vote. 132
motion to amend motion to refer bill on introduction to committee of whole by substituting name of standing committee. 175
of bills to committee other than one designated by president, a suspension of rules .. 184
Committee, Standing-
relevancy of substitute reported by, after fifty day limit 38
·
·
reading of
recalling of, from governor .
150
188
motion relative to, pending passage of another
reconsidered same or following day
reconsideration of motion to send for absentees during
575
LEGISLATIVE DECISIONS.
Committee, Standing-Con. Dec. No.
privilege of proceedings in
45
printing of papers in possession of . 59
. discharge of 95, 196, 201
. notices of motion to discharge 192, 195
requesting of, to report . 135
select-
report of, may be amended 5
discharge of, by report .
48
Committee of Conference See Conference Committee.
Committee of the Whole- discharge of . 8, 83, 100, 199, 201
printing of substitute in possession of 58
reconsideration of refusal to adopt report of 121
reference to, of bill reported without recommendation 149
proposal on third reading of amendment offered in 150
demand for yeas and nays on amendments not part of report of . 180
bills not printed are not ready for consideration of 187
amendment of . 203, 216
Communications from State Officers-
whether printed open letter addressed to members individually may be received under ..
197
Concurrent Resolution-See Resolution.
Conference Committee ---
adoption of report of, passes bill . 15
amendments by, to parts of bill already agreed to 22
recommendation of new amendments by 23
protest against correction of journal making change in report of 55
appointment of . 141, 142, 182
may not recommend except as to matters of difference 211, 234
Constitution-
form of proposed amendments to. 200
Contestant-
right of, to vote
93
Counting of Quorum-See Quorum.
Debate ---
right of members to read authorities in 12
second speech by same member in 43
after commencement of roll call . 46
on question of indefinite postponement . 75
on question partly debatable and partly undebatable
76
unparliamentary language in.
102
reading of newspaper articles in.
103
prevention of, by previous question
110, 231
on bill pending motion to suspend rules 137
protracted discussion in, held dilatory 147
Dilatory Proceedings- motion for a recess held to be. 128
protracted discussion in debate by one member held to be 147
may be ruled out of order as. 198
Discharge-See Committee and Committee of the Whole.
Division- demand for yeas and nays after ordering of 13
Division of Question-See Question.
Election of Members-See Members.
Employes-
dispatching of, on business other than for which employed 190
Enacting Clause ---
amendment out of order after motion to strike out all after 2, 7
Executive Session-
clearing of galleries during
31
Expenses-
payment of, does not involve appropriation
117
payment of, payee being federal officer
118
Expositions-
appropriations for, do not require two-thirds vote .98, 139. 151
Extra Session-
subject matter of concurrent resolution not recommended by governor's message 71
adoption of rules for . 99
Federal Officer ---
payment for services of sergeant-at-arms, a. 118
Fifty-day Limit-
reporting of irrelevant substitute after. 38
relevancy of substitute reported by committee after 38
concurrent resolution containing legislation after 39
introduction of joint resolution after 72
107
relevancy in. 103,
1
576~
MICHIGAN MANUAL.
Five Days' Limit-
Dec. No.
224 computation of does not apply to concurrent resolution 225
when time begins to run . 226
does not apply to substitute. 208, 229
Floor-
right of members to, a second time in debate
43
yielding of .
112
right of members to, to present question of privilege 129
Galleries-
clearing of senate, for executive session.
31
General Orders-See Committee of the Whole.
Government-
disrespectful allusion to co-ordinate branch of .
41
Governor-
recalling of bills from
84
rejection of message from
130
reference of nominations to office transmitted by
206
Governor's Messages-See Messages from Governor.
House-
protest must not contain reflections on.
61
motion to reconsider bill out of possession of 63, 68
question of order submitted to, by.
199
Indefinite Postponement-
of motion to lay on table
32
on third reading and passage of bill
33
relation of previous question to.
52
amendment and discussion of motion for
75
reconsideration of .
123
motion for, not in order after adverse vote
144
effect of, on subject matter of bills.
164
Instructions-
divisibility of question of commitment with
29
Introduction of Bills-See Bill.
Joint Convention-
vote of president pro tem. in
73
Joint Resolution-See Resolution.
Journal-
exclusion of minority report from
37
protest against correction of, contrary to facts.
55
expunging proceedings from . ..
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