| R 120 |
| 2023 -- S 0152 SUBSTITUTE A Enacted 02/14/2023 |
| S E N A T E R E S O L U T I O N |
| ADOPTING THE RULES OF THE SENATE FOR YEARS 2023-2024 |
Introduced By: Senators McKenney, Ruggerio, Pearson, Goodwin, and Gallo |
| Date Introduced: February 01, 2023 |
| RESOLVED, That the following rules be and the same are hereby adopted as the rules of |
| the Senate for the years 2023-2024. |
| SECTION 1. |
| DEFINITIONS |
| As used in these rules, the following terms are defined as follows: |
| 1.1 "Bill" shall include any act, resolve, resolution or petition which comes before the |
| senate for consideration. |
| 1.2 "Calendar Day" is that period of twenty-four (24) hours between 12:00 a.m. and |
| 12:00 midnight. |
| 1.3 "Day" as used in these rules is intended and shall be construed to mean one full |
| legislative day of the same session. |
| 1.4 "Deputy President Pro Tempore" is a member of the senate elected to that position, |
| who may preside over the senate in the absence of the president of the senate and the president |
| pro tempore. |
| 1.5 "Legislative Day" is a period of time which begins when the senate meets after an |
| adjournment and ends when the senate next adjourns. A legislative day is not defined by, or |
| confined to, a calendar day. |
| 1.6 "Limited-Directed Proxy" means a singular vote on a piece of legislation or matter |
| before the senate conducted in accordance with rule 8.13. |
| 1.61.7 "President" is a member of the senate elected to that position, by roll call vote, on |
| the first day of session in odd numbered years, or upon a vacancy due to the death, resignation or |
| removal of the senator serving in that capacity. The president shall preside over the senate in |
| accordance with these Rules. |
| 1.71.8 "President Pro Tempore" is a member of the senate elected to that position, who |
| presides over the senate in the absence of the president of the senate. |
| 1.81.9 "Prime Sponsor" shall be that senator whose signature first appears upon the bill. |
| 1.91.10 "Public Bill" shall include all bills except: those which pertain to a particular |
| city or town; those which relate to an individual's pension and retirement; those which pertain to |
| restoration of corporation charters, and to amendments to authorized holdings by nonprofit |
| organizations of a charitable, civic, library or like nature; resolutions memorializing congress, or |
| of congratulations, or expressing sympathy of condolences, and all resolutions requesting the |
| several departments of state government to grant some privilege, consideration or relief. |
| 1.101.11 "Reading Clerk" is the person elected to that position under provisions of |
| section 22-3-2 of the general laws who shall, at the direction of the presiding officer, read to the |
| chamber any communication to the senate, resolution, bill or other document and who shall, at the |
| direction of the presiding officer, date the bills and other documents before the senate, date |
| recording thereon the action taken and/or the disposition thereof. The reading clerk also shall, at |
| the direction of the senate, amend any bill and transmit any bill to the house of representatives |
| and perform such other duties as may from time to time be prescribed by the president of the |
| senate. |
| 1.111.12 "Secretary of the Senate" is the person elected to that position under |
| provisions of section 22-3-2 of the general laws who shall, at the direction of the presiding |
| officer, record the proceedings of the senate in a journal, signing said journal as secretary of the |
| senate, and who shall, upon their referral, deliver bills and other documents to their respective |
| committees, hold and maintain in good order any bill assigned to the calendar or the consent |
| calendar, and transmit any bill or document to the governor. The secretary of the senate also shall |
| perform those duties prescribed in other sections hereof and those which may from time to time |
| be prescribed by the president of the senate. |
| 1.121.13 "The Rise of the Senate" occurs upon the conclusion of senate floor business |
| and the exact time varies by the amount of business to be conducted on a particular legislative |
| day. |
| 1.131.14 "The Senate Chamber" or "Chamber" shall include the floor, the corridor |
| behind the floor, the cloak room and the senate lounge. |
| 1.141.15 "Vote" or "Majority Vote" as used herein shall mean a majority of members |
| present and voting unless specifically stated otherwise. |
| SECTION 2. |
| PRESIDING OFFICER |
| 2.1 Presiding Officer. |
| The president of the senate shall, unless absent from the chamber, be the presiding officer |
| of the sessions of the senate. In the absence of the president from the chair, the president pro |
| tempore shall preside over the senate. The president may appoint a member of the senate to |
| temporarily preside over the senate, but in no event shall such appointment continue beyond the |
| legislative day on which it is made. In case of a vacancy in the offices of president, president pro |
| tempore and the deputy president pro tempore, or in case all said officers are absent at the hour to |
| which the senate stands adjourned, the reading clerk shall call the senate to order, and shall |
| preside until a president pro tempore is elected, which election shall be the first order of business. |
| 2.2 Duties of the Presiding Officer. |
| The presiding officer shall preserve order and decorum in and about the senate chamber |
| during the senate session in order to prevent interference with the senate's business and |
| deliberations. The presiding officer may speak in preference to the senators, shall decide all |
| questions of order without debate and shall declare all votes. The assignment of bills to |
| committee shall be at the discretion of the president of the senate subject to section 4.4; provided, |
| however, that the president of the senate may delegate such authority to the majority leader of the |
| senate. |
| 2.3 Appealing the Ruling of Presiding Officer. |
| Any senator may appeal the ruling of the presiding officer by rising as soon as the ruling |
| is made, even though another has the floor and, without waiting to be recognized by the chair, |
| stating, "I appeal the ruling of the chair," and upon such appeal being seconded, the presiding |
| officer shall immediately and without debate put the question, "Shall the ruling of the chair be |
| sustained?", which question shall be decided by majority vote of the senators present and voting. |
| Once sustained, the ruling shall not be subject to another appeal on the same point. |
| SECTION 3. |
| ORDER OF BUSINESS ON THE SENATE FLOOR |
| 3.1 Commencement of Daily Session. |
| The presiding officer shall take the chair at the hour to which the senate shall have |
| convened, call the senators to order, and record attendance by electronic roll call. A quorum shall |
| consist of a majority of the members elected. Upon late arrival, at any time prior to the |
| adjournment of the senate, a senator may report his or her presence to the secretary of the senate |
| who shall record the senator's attendance in the journal. |
| 3.2 Reading the Journal. |
| The reading clerk of the senate shall, at the commencement of the session of each |
| legislative day, read the proceedings of the previous legislative day, unless such reading is |
| dispensed with by a majority of the senators present and voting. |
| 3.3 Daily Business. |
| After the reading of the proceedings of the previous legislative day the order of business |
| shall be as follows unless otherwise ordered by the President of the Senate: |
| (1) Introduction of guests |
| (2) Communications |
| (3) Reports of committees |
| (4) Introduction and reference of new business |
| (5) Unfinished business |
| (6) Consideration of house transmittals |
| (7) Consent calendar |
| (8) Calendar |
| (9) Introduction of guests |
| (10) Personal privilege |
| (11) Address of important matters |
| (12) Daily adjournment |
| 3.4 Final Adjournment. |
| The last order of business of the annual session of the senate shall be the vote in |
| conformity with the resolution of final adjournment or recess which must be carried by a majority |
| vote of the senators present and voting. |
| 3.5 Time for Sessions. |
| Unless otherwise provided for by agreement of president of the senate, the majority |
| leader and minority leader, sessions of the senate shall convene at 4:00 p.m. All sessions must |
| adjourn at or before 11:00 p.m. |
| SECTION 4. |
| ACTS AND RESOLUTIONS |
| 4.1 Form of Bills. |
| Every bill offered which is intended to amend any part or parts of an existing statute, any |
| part or parts intended to be stricken shall be contained in the bill and by appropriate mechanical |
| mark, struck through. All new matter contained in the bill shall be underlined, underscored or |
| printed in italics so that the new matter shall be easily discerned. If the bill contains all new |
| matter constituting a totally new law or a totally new section, and the bill itself so indicates, no |
| underlining, underscoring or italics shall be required. Every bill containing a commission to |
| which appointments shall be made shall be indicated in the title of such bill. |
| No bill without a body or substantive content shall be introduced at any time, nor shall a |
| substitute bill be accepted which is not consistent with the title and substance of the original bill. |
| All bills introduced on behalf of any general officer, branch, department or division of |
| state government shall state on the face sheet thereof with the title of the general officer or the |
| name of the branch, department or division on whose behalf the bill is introduced. |
| A prime sponsor may withdraw a bill or resolution previously introduced at any time |
| prior to its consideration by a committee, upon written request to the secretary of the senate. |
| Other than the prime sponsor of a bill, a senator may elect in writing to the secretary of |
| the senate to have his or her name disassociated from the bill and the secretary of the senate shall |
| immediately notify the committee clerk to which the bill is assigned. |
| All bills shall be processed through legislative council. |
| 4.2 Explanation of Bills. |
| There shall be attached to each bill a brief explanation thereof and the explanation of |
| such bill shall indicate the proposed changes, and/or the statute or existing law which such bill |
| purports to amend. |
| 4.3 Copies of Bills. |
| Each bill introduced shall be accompanied by not less than eight (8) copies thereof, with |
| said copies delivered by the secretary of the senate to the office of the president of the senate for |
| subsequent distribution as determined by the president of the senate. Nothing in this section shall |
| prevent a senator from obtaining a preliminary draft of legislation for his or her review prior to |
| introduction. |
| 4.4 Filing with Secretary of the Senate |
| All senators desiring to introduce a bill shall file the bill with the secretary of the senate |
| not later than the time at which the presiding officer calls the senate to order. The secretary of the |
| senate shall transmit to the office of the president of the senate all bills on the legislative day of |
| their introduction. On the day of introduction, the president shall, upon adjournment, assign bills |
| to committee. The secretary of the senate shall cause all bills introduced to be published in the |
| senate journal for that legislative day. Any senator may object to the committee assignment of |
| any bill on the first or second legislative day following the bill's introduction. Upon objection |
| being made, the presiding officer shall assign the bill to the committee requested by the senator |
| making the objection; provided, however, that if another senator objects to any assignment or |
| proposed assignment of the bill, then the presiding officer shall call for a vote of the senate on |
| any motion for assignment which has been made and seconded, such motion requiring a majority |
| vote of those Senators present and voting for assignment to a particular committee. First reading |
| of all such bills and resolutions shall be by acceptance of the bill and the committee assignment. |
| 4.5 Deadline for Introductions. |
| No public bill shall be introduced in the senate after the second Thursday in February of |
| each session Thursday preceding the winter recess of each session, except with the consent of the |
| President of the Senate. Except as otherwise expressly directed by the president of the senate, all |
| requests for the preparation of public bills shall be submitted to the offices of Legislative Council |
| no later than the close of business on the Friday next preceding the bill-introduction deadline set |
| forth herein. |
| 4.6 Omnibus Claims Against the State. |
| Claims against the state in the amount of one thousand dollars ($1,000) or less shall not |
| be presented in bill or resolution form, but shall be submitted to the clerk of the joint committee |
| on accounts and claims in writing upon a form approved by the chairperson of the joint |
| committee on accounts and claims. Any claims approved by the joint committee shall be |
| submitted in the form of an omnibus bill which will be placed upon the consent calendar. |
| 4.7 Resolutions of Congratulations and Condolences. |
| Notwithstanding any other provisions of these rules, all resolutions of congratulations or |
| expressing sympathy or condolences except with respect to former and present members of the |
| general assembly, general officers, members of the judiciary and elected state or federal officials, |
| shall be placed on the consent calendar, unless otherwise ordered by the president of the senate. |
| Said resolution of congratulations and condolences shall not require concurrent action; upon |
| passage, shall be forthwith transmitted to the secretary of state, and an appropriate notice of the |
| action of the senate thereon shall be forwarded, as requested in the resolution, by the secretary of |
| state. One formal resolution may include all the expressions of sympathy or congratulations of the |
| several senators. |
| 4.8 Enactment of Laws. |
| The concurrence of the two houses in the same session shall be necessary for the |
| enactment of all bills except for senate resolutions. |
| 4.9 Electronic Availability of Public Bills--Requirements. |
| 4.9-1 Public Bills. |
| No public bill shall be considered upon its merits unless it has been electronically |
| available to the members at least two (2) calendar days prior to its consideration on the merits, |
| except any public bill passed by the senate and amended by the house, provided that the amended |
| public bill shall be electronically available to the senators before consideration. |
| 4.9-2 Committee Amendments. |
| Except by majority vote, no public bill amended in a committee of the senate shall be |
| considered upon the senate floor unless it has been electronically available to the senators. |
| 4.9-3 Materially Altered Bills. |
| Whenever a committee shall have determined to report a bill which has been materially |
| altered by the committee, the committee chair shall forthwith provide for printing and electronic |
| reproduction of the same. In the event that a bill is not deemed to have been materially altered, |
| which determination shall be made by the committee chair, a bill shall be printed only upon the |
| request of the president of the senate, the majority leader or the minority leader. Nothing in these |
| rules shall preclude the committee chair, with a majority of the committee, to change an act to a |
| resolution or a resolution to an act on a substitute bill. |
| 4.10 Copies of Bills and Voting Records. |
| The secretary of the senate shall retain in the files of the senate as many copies of each |
| bill as the secretary of the senate deems necessary and the voting records on each question. |
| 4.11 Requests for Funding of Community Service Objectives. |
| Requests for the funding of community service objectives grants shall not be presented in |
| bill or resolution form, but shall be submitted to the senate fiscal advisor in writing upon a form |
| approved by the chairperson of the senate committee on finance. |
| 4.12 Death or Resignation of a Member. |
| In the event that any member or member-elect shall die or resign after filing and before |
| consideration by committee, the death or resignation of said member or member-elect shall |
| constitute automatic withdrawal of said bill or resolution and automatic withdrawal of the number |
| of said bill or resolution and said number shall not be used again during the legislative session; |
| provided, however, that where a bill or resolution shall have had more than one sponsor, said bill |
| or resolution and number shall not be withdrawn and the member whose name appears second on |
| said bill or resolution shall become the prime sponsor. |
| 4.13 Limitation on Number of Bills Introduced. |
| No Senator shall introduce more than twenty-five (25) public bills during the annual |
| session except with the permission of the President of the Senate. |
| SECTION 5. |
| COMMITTEES |
| 5.1 Standing Committees. |
| The senate shall have the following standing committees: |
| 1. Committee on Judiciary |
| 2. Committee on Finance |
| 3. Committee on Housing and Municipal Government |
| 4. Committee on Labor |
| 5. Committee on Special Legislation and Veterans’ Affairs |
| 6. Committee on Health and Human Services |
| 7. Committee on Education |
| 8. Committee on Commerce |
| 9. Committee on Environment and Agriculture |
| 10. Committee on Rules, Government Ethics and Oversight |
| 5.1-1 Committee on Judiciary. |
| It shall be the duty of the committee on judiciary to consider the appointments of the |
| governor referred to it by the senate which require the advice and consent of the senate and all |
| legislation and matters which affect the penal code, judicial system, ethics, open meetings, access |
| to public records and election laws of the state, to maintain oversight over the application, |
| execution and operation of the laws within its jurisdiction, expulsion of a member and to consider |
| such other matters as may be referred to it by the senate. In the matters of judicial appointments, |
| expulsion of a member and those public hearings designated by the committee chair, all |
| testimony shall be under oath and preserved by stenographic record which shall be transcribed |
| upon the order of the chair. |
| 5.1-2 Committee on Finance. |
| It shall be the duty of the committee on finance to consider the appointments of the |
| governor referred to it by the senate which require the advice and consent of the senate and all |
| legislation and matters relative to revenue, appropriations and taxes, to inquire into the state of |
| the public debt, to report from time to time its opinion thereon and such propositions relative |
| thereto as it shall deem expedient, to maintain oversight over the application, execution and |
| operation of the laws within its jurisdiction and to consider such other matters as may be referred |
| to it by the senate. The chair of the committee shall be authorized to appoint as many sub- |
| committees as he or she deems necessary, including, but not limited to, a sub-committee on |
| veterans affairs. |
| 5.1-3 Committee on Housing and Municipal Government. |
| It shall be the duty of the committee on housing and municipal government to consider |
| the appointments of the governor referred to it by the senate which require the advice and consent |
| of the senate and all legislation and matters affecting housing, municipal government, |
| transportation, to maintain oversight over the application, execution and operation of the laws |
| within its jurisdiction and to consider such other matters as may be referred to it by the senate. |
| 5.1-4 Committee on Labor. |
| It shall be the duty of the committee on labor to consider the appointments of the |
| governor referred to it by the senate which require the advice and consent of the senate and all |
| legislation and matters relating to the workers' compensation and labor laws of the state, to |
| maintain oversight over the application, execution and operation of the laws within its jurisdiction |
| and to consider such other matters as may be referred to it by the senate. |
| 5.1-5 Committee on Special Legislation and Veterans’ Affairs. |
| It shall be the duty of the committee on special legislation and veterans’ affairs to |
| consider the appointments of the governor referred to it by the senate which require the advice |
| and consent of the senate and all legislation and matters relating to constitutional amendments, |
| liquor laws, gaming issues, license plates, veterans’ affairs, domestic animals, commissions and |
| resolutions, to maintain oversight over the application, execution and operation of the laws within |
| its jurisdiction and to consider such other matters as may be referred to it by the senate. |
| 5.1-6 Committee on Health and Human Services. |
| It shall be the duty of the committee on health and human services to consider the |
| appointments of the governor referred to it by the senate which require the advice and consent of |
| the senate and to consider all reports of the departments of health, of human services, of |
| behavioral healthcare, developmental disabilities and hospitals, of children, youth and families, |
| and of elderly affairs; to consider all legislation and matters expanding or defining further areas |
| of responsibility of the foregoing and to consider all legislation and matters relative to public |
| health and welfare; health care and human service access and quality; health and human service |
| professional standards of practice, and facility standards of care; to maintain oversight over the |
| application, execution and operation of the laws within its jurisdiction; and to consider such other |
| matters as may be referred to it by the senate. |
| 5.1-7 Committee on Education. |
| It shall be the duty of the committee on education to consider the appointments of the |
| governor referred to it by the senate which require the advice and consent of the senate and all |
| legislation and matters relating to student performance, governance, programming, teacher |
| preparation and planning, as well as the work and operation of all state agencies regarding all |
| levels of education, make findings, and recommend policy initiatives and other actions to the |
| general assembly. The committee shall also exercise oversight in relation to the implementation |
| of all legislation and grants of authority relating to all levels of public education in the state by all |
| agencies, state and local, charged and empowered by the general assembly in relating to all levels |
| of public education, to maintain oversight over the application, execution and operation of the |
| laws within its jurisdiction and to consider such other matters as may be referred to it by the |
| senate. |
| 5.1-8 Committee on Commerce. |
| It shall be the duty of the committee on commerce to consider the appointments of the |
| governor referred to it by the senate which require the advice and consent of the senate and all |
| legislation and matters relating to financial institutions, business regulation, property and casualty |
| insurance, technology and telecommunications, for profit as well as not-for-profit business |
| entities, to maintain oversight over the application, execution and operation of the laws within its |
| jurisdiction and to consider such other matters as may be referred to it by the senate. |
| 5.1-9 Committee on Environment and Agriculture. |
| It shall be the duty of the committee on environment and agriculture to consider the |
| appointments of the governor referred to it by the senate which require the advice and consent of |
| the senate and all legislation and matters relating to the conservation of the air, land, water, plant, |
| animal, mineral and other natural resources of the state, and to adopt all means necessary and |
| proper by law to protect the natural environment of the people of the state by providing adequate |
| resource planning for the control and regulation of the use of the natural resources of the state and |
| for the preservation, regeneration, and restoration of the natural environment of the state, to |
| maintain oversight over the application, execution and operation of the laws within its jurisdiction |
| and to consider such other matters as may be referred to it by the senate. |
| 5.1-10 Committee on Rules, Government Ethics and Oversight |
| It shall be the duty of the committee on rules, government ethics and oversight consider |
| the appointments of the governor referred to it by the senate which require the advice and consent |
| of the senate, and (1) Consider all matters relating to the rules of the senate; (2) to ensure that the |
| members of the Senate and its staff, through education, monitoring and disseminating the |
| opinions of the Rhode Island Ethics Commission, adhere to the highest standards of ethical |
| conduct, respect the public trust and the rights of all persons, be open, accountable and |
| responsive, avoid the appearance of impropriety, and not use their position for private gain or |
| advantage; (3) to monitor and evaluate past, current and prospective performance of public bodies |
| and statutory entities, including quasi-public agencies that exercise executive governmental |
| functions (except public bodies and statutory entities of the legislative and judiciary branches of |
| the state) and any other public or private person, including any agencies, partnerships, corporation |
| or business entity insofar as such person is acting on behalf of and/or in place of any public |
| agency; (4) to consider the organization, reorganization, creation or termination of such public |
| bodies, statutory entities, including quasi-public agencies and public or private persons; (5) to |
| review and consider the reports of the auditor general; (6) to report its opinion and/or |
| recommendation of legislation or action regarding the foregoing matters; (7) to consider any bill |
| referred to it by the senate, including, but not limited to any act, resolve, resolution or petition; |
| and (8) to consider such other matters that are referred to it by the senate. |
| 5.2 Committee Membership. |
| Each of the standing committees of the senate shall consist of the president of the senate, |
| ex officio with voting rights, and the majority and minority leaders of the senate, ex officio, with |
| voting rights, and senators appointed by the president of the senate, each to serve until January 3, |
| 2023 January 7, 2025. Provided, however, that the president of the senate may change the |
| committee assignment of a member without the member's consent, for cause only; and provided |
| further, however, that each senator other than the president and the majority and minority leaders, |
| shall serve as a member of one of the following standing committees: committee on health and |
| human services; committee on commerce; committee on finance; committee on the judiciary. In |
| addition to the committees appointed by the president of the senate, the majority and minority |
| whips of the senate shall serve ex officio, with voting rights on all standing committees of the |
| senate. |
| 5.3 Vacancies on Committees. |
| All vacancies occurring in any committee of the senate shall be filled by the president of |
| the senate. |
| 5.4 Officers of Committees. |
| The president of the senate shall appoint from the membership of each committee a chair, |
| vice chair and secretary and such other committee officers as the president of the senate deems |
| appropriate. |
| 5.5 Select Committees. |
| The senate may, from time to time, by resolution, provide for the establishment of select |
| committees upon such subjects as it may deem proper, and upon the adoption of such resolution, |
| the president of the senate shall appoint the chair and members thereof, and shall provide for |
| minority party representation. Any committee created pursuant to this rule shall be deemed a |
| standing committee for all purposes of law, including the applicability of section 22-6-2.1 of the |
| general laws. |
| 5.6 Referral to Committee. |
| No bill shall be considered or acted upon by the senate unless the same has been |
| considered by, reported, or recalled from a committee thereof, or from a joint committee, except |
| as otherwise provided in these rules. All acts seeking to vacate the forfeiture of a charter |
| previously granted under the laws of this state shall not be referred to committee but rather |
| directly assigned to the calendar. |
| 5.7 Committees of Conference. |
| There shall be appointed from time to time committees of conference to which are |
| referred matters of difference with the house with respect to bills or resolutions. Such committees |
| shall be appointed by the speaker and the president of the senate, and shall be comprised of five |
| (5) members from the house and five (5) members from the senate. At least one (1) member in |
| each chamber shall be a member of the minority party. When possible, one (1) member shall be |
| the prime sponsor of the bill or resolution being considered before the committee of conference |
| and one (1) member shall be from the committee that shall have considered the bill or resolution. |
| The committee may propose any changes within the scope of the bill or resolution, but any action, |
| including changes, taken by committee shall be by a majority vote of the members of each |
| chamber on the committee. The committee report shall be made to both chambers at the same |
| time. Each chamber shall vote to accept or reject the report. A vote by either chamber to accept |
| the report of the committee shall be the final action by that chamber on the bill or resolution. If |
| both chambers vote to accept the report of the committee, the bill is passed or the resolution |
| adopted as of the time the last chamber votes to accept the report. If either chamber rejects the |
| report of the committee, the bill or resolution is defeated and the second chamber shall not be |
| required to consider the committee report. The report of the committee may be accepted or |
| rejected, but it may not be amended. The committee report shall contain the following |
| information: the bill number and title, the members of the committee, the action of the committee, |
| and the signature of the members of the committee accepting or rejecting the report. |
| The conferees shall confine themselves to the differences which exist within bills or |
| resolutions between the house and senate. The presentation of reports of committees of |
| conference shall be in order after having been signed by a majority of the members of the |
| committee of each chamber. Consideration of a report of a committee of conference by the senate |
| shall be in order when it has been made electronically available to all members and listed on the |
| calendar for the required period of time according to these rules. |
| 5.8 Oaths Administered in Committee. |
| In the discretion of the chair, any witness may, before testifying, be required to declare |
| that they will testify truthfully, by oath or affirmation. |
| SECTION 6. |
| PROCEEDINGS IN COMMITTEE |
| 6.1 Time for Committee Meetings. |
| The president of the senate, in consultation with the chairs, shall establish regular |
| calendar days and times for the meetings of all standing committees. The committee chair may |
| call such other meetings as may be required to conduct the business of the committee. |
| 6.2 Committee Agenda – Posting. |
| At least forty-eight (48) hours before any standing committee meeting, a committee |
| agenda containing the number, title and a short explanation of each bill to be considered will be |
| placed on the official general assembly website, as well as on a bulletin or electronic board of |
| which shall be for the public's use and shall be situated at the main entrance to the state library |
| and the legislative data bulletin board. The rule shall not apply to bills previously passed by the |
| senate and amended by the house. |
| 6.3 Convening of Meeting. |
| The chair of the committee or, in the chair's absence, the vice chair, shall call all regular |
| sessions of the committee, set agenda and proceed with the order of business. |
| 6.4 Public Participation. |
| 6.4-1 Open Meetings. |
| Every standing committee meeting, except executive sessions, shall be open to the public |
| during the consideration of all matters coming before it. At such open meetings, persons other |
| than members of the committee may testify at the discretion of the committee chair on any matter |
| posted for a hearing. Any matter posted for consideration only shall not be open for public |
| testimony. |
| 6.4-2 Executive Sessions. |
| Any standing committee may be called into executive session by the chair or upon |
| motion of one of the committee members if the matter under consideration is deemed by the chair |
| to comply with those provisions of the "Open Meetings" law (chapter 42-46) which provides for |
| closed meetings; provided, however, when the chair of any standing committee calls the |
| committee into executive session, the majority of those members present in the executive session |
| may vote not to meet in executive session after having heard the reasons for such executive |
| session but no other votes shall be permitted in executive sessions. The chair of the committee |
| which may be called into executive session shall provide a general description to the public of the |
| reason for calling such committee into executive session. |
| 6.4-3 Public Hearings. |
| In the discretion of the chair, public hearings may be advertised in newspapers, |
| stenographic records kept and hearings held at locations other than the state house. The purpose |
| of the public hearing shall be to solicit the comments of the public on the matter being |
| considered. At the public hearing all persons shall be permitted to testify; provided, however, the |
| committee chair may limit the amount of time allotted to speakers except that the prime sponsor |
| shall not have a time limit to speak and shall upon request be the first speaker at the hearing. |
| After the public hearing has been held for a reasonable period and if there are still persons |
| wishing to speak, the committee chair may continue the hearing until another date. |
| 6.5 Hearing and Consideration of Bills. |
| Upon a written request by the prime sponsor of any public bill received by the secretary |
| of the senate before the closing of the next legislative day after the deadline for introduction as |
| specified in section 4.5 that a committee hearing be held with respect to such bill, the committee |
| chair shall schedule a committee hearing within eight (8) legislative days of such request unless a |
| later date is agreed to by the prime sponsor. "Received" as used herein shall mean receipt in hand |
| by the secretary of the senate or his or her designee. The secretary shall note the date and time of |
| receipt on the request and such notation shall be dispositive. On the same day, the sponsor shall |
| hand deliver copies of the request to the president of the senate and to the committee chair or their |
| designees. The committee shall consider said bill not more than eight (8) legislative days after the |
| committee hearing, unless a later date is agreed to by the prime sponsor. If the committee does |
| not consider the bill then the committee shall be discharged of its responsibility to consider such |
| bill and such bill shall be placed on the senate calendar pursuant to section 7.6 hereof. |
| Consideration by a committee shall mean any one of the following actions: recommendation of |
| passage, recommendation of passage as amended, transfer to another committee, indefinite |
| postponement, hold for further study or defeat of the bill. Provided further, the minority leader |
| may request in writing within twenty-four (24) hours after the deadline for introductions specified |
| in section 4.5 a hearing on any senate bill in committee. In the event a request is made pursuant to |
| this rule at a time less than sixteen (16) days before the deadline for committee consideration set |
| forth in section 6.9, then such request shall not be proper and shall be automatically denied. |
| 6.6 Quorum. |
| A committee shall not vote upon any bill in the absence of a quorum which shall consist |
| of a majority of the committee's members; provided, however, that at the discretion of the chair, |
| less than a quorum may conduct any hearing including public hearings. |
| 6.7 Minority Representation. |
| When there is no minority member present and the committee is to consider a bill, the |
| committee chair shall notify the office of the minority leader. Unless waived by the minority |
| leader, the committee shall not conduct business for a reasonable time not to exceed fifteen (15) |
| minutes or until a minority member of the committee is present. Once a minority member is |
| present, his or her subsequent absence will not require further notice to the minority leader. For |
| purposes of this rule, an independent senator shall be considered to be a minority member. |
| 6.8 Committee Votes. |
| All votes in committee on public bills shall be a recorded roll call vote. The vote upon all |
| motions or bills not considered a "public bill" shall, upon the request of any member of the |
| committee, be a recorded roll call vote. Otherwise all votes shall be put by yeas and nays. |
| Committee chairs shall submit all bills approved by committee to the floor forthwith, with a |
| record of the committee vote. |
| 6.9 Deadline for Consideration. |
| After the Thursday preceding the spring recess week of each session, committees shall |
| consider only those public bills which have been acted upon and transmitted to the senate by the |
| house of representatives; provided, however, that the president of the senate may request a senate |
| committee to immediately consider a senate bill then in committee and said bill shall be |
| considered by the committee. |
| 6.10 Discharge from Committee. |
| No bill shall be taken or called from any such committee, or the committee discharged |
| from the consideration thereof, except: |
| Any senator may present a petition, in writing, to discharge a committee from further |
| consideration of a bill which has been in the possession of the committee for thirty (30) |
| legislative days without having been considered, but only one petition on a particular bill may be |
| presented during the course of a session. Prior to presenting the petition, the senator must |
| introduce a resolution of intent to discharge such committee. Such resolution of intent shall |
| contain the bill number and the committee to be discharged. The presiding officer shall cause the |
| resolution of intent to be printed in the journal of the senate. The petition shall be placed in the |
| custody of the secretary of the senate who shall arrange some convenient place for the signatures |
| of the senators to be placed thereon in the presence of the reading clerk during the hours in which |
| the senate is in session. A signature may be withdrawn by a senator at any time before the petition |
| shall become effective. |
| On the first day of each week, there shall be printed in the journal of the senate the |
| petitions pending under these rules, together with the signatures thereto; provided, however, that |
| as soon as a majority of all the senators elected to the senate shall have affixed their signatures to |
| any such petition to discharge a committee under this rule, the presiding officer shall cause notice |
| thereof to be given to chair and clerk of the committee to which such bill was referred, and such |
| notice shall, thereupon, automatically discharge the committee from further consideration of the |
| bill and the bill shall be placed upon the calendar in accordance with section 7.6 hereof. |
| Nothing contained in this section shall be construed to change the deadline for |
| consideration as specified in section 6.9. |
| 6.11 Compelling Committee Action. |
| If a committee to which a bill has been referred fails to consider such bill within sixteen |
| (16) legislative days of its referral, the prime sponsor of such bill, or a majority of the appointed |
| members, but not less than four (4) committee members, may, in writing, request the chair of the |
| committee, through the presiding officer of the senate, that such bill be considered. The request |
| shall be printed in the journal of the senate. The committee shall consider such bill at its first |
| meeting held at least three (3) legislative days after such request is made. If the committee does |
| not consider the bill within nine (9) legislative days of receipt of the request then the committee |
| shall be discharged of its responsibility to consider such bill and such bill shall be placed on the |
| senate calendar pursuant to section 7.6 hereof. Consideration by a committee shall be interpreted |
| to mean any one of the following actions: recommendation of passage, recommendation of |
| passage as amended, transfer to another committee, indefinite postponement, hold for further |
| study or defeat of the bill. Nothing contained in this section shall be construed to change the |
| deadline for consideration as specified in section 6.9. |
| 6.12 Defeat of a Bill. |
| Once a bill is defeated in committee, the same shall not be acted upon or considered |
| again during the same legislative year. |
| 6.13 Indefinite Postponement. |
| Whenever any bill is postponed indefinitely in committee, the same shall not be acted |
| upon or considered again during the same legislative year. |
| 6.14 Transfer of Bills. |
| In the event the chair of any standing committee determines that any bill then pending |
| before the committee would more properly be pending before another standing committee of the |
| senate, the chair shall transfer such bill to such other standing committee as is deemed appropriate |
| during the reports of committees. |
| 6.15 Committee Records. |
| All recorded votes of committees, all written testimony submitted to a committee, and the |
| transcripts of any recorded testimony shall be retained by the clerk of each committee, shall |
| constitute public records, and shall be available for inspection to any senator and to any person |
| upon request. All committee votes, transcripts and testimony shall be transmitted to the secretary |
| of state pursuant to state law and senate policy following final adjournment in even numbered |
| years. |
| 6.16 Attribution of Bills. |
| Upon presentation of testimony before a committee, the prime sponsor of the bill shall |
| provide to the committee the name of any individual, group or organization responsible for the |
| substantive basis or text of the bill. |
| 6.17 Companion Bills. |
| Any house bill, identical to a senate bill previously heard in committee, may be |
| considered without further hearing. |
| 6.18 Substitute Bills. |
| Any proposed substitute bill, or a substitute of a bill held by a committee, shall be posted |
| at least twenty-four (24) hours prior to consideration. Such postings will be placed on the official |
| general assembly website, as well as on the legislative data bulletin board and on a bulletin or |
| electronic board of which shall be for the public's use and shall be situated at the main entrance to |
| the state library. The electronic posting shall be considered the official date of the posting. In the |
| event that the electronic posting is inoperable, then the official posting shall be the legislative data |
| bulletin board. The chair may waive this twenty-four (24) hour posting requirement, for |
| amendments technical, grammatical, or not substantive or substantial in nature. This section shall |
| not apply to the annual state budget bill. |
| SECTION 7. |
| PROCEEDINGS ON THE SENATE FLOOR |
| 7.1 Right to the Floor. |
| No senator shall address another except through the presiding officer. A senator shall rise |
| to put a question, may state it or read a paper sitting. When any senator wishes to speak or to |
| deliver any matter to the senate, the senator shall press his or her recognition control and the |
| presiding officer shall recognize the senator who so requests recognition and the order of |
| recognition shall be determined by the presiding officer. The senator so recognized shall not be |
| interrupted while speaking except by a call to order or a motion to suspend section 3.5. The |
| senator shall then immediately be seated unless permitted by the senate to proceed, which shall be |
| determined upon motion without debate. No senator, exclusive of the majority and minority |
| leaders, the prime sponsor or floor manager, or the chair of the committee from which the bill or |
| resolution was reported, shall speak more than twice to the same question without leave of the |
| senate, which shall be determined without debate; nor more than once until every member |
| choosing to speak shall have spoken; nor for longer than five (5) minutes without the leave of the |
| senate, which shall be determined without debate. A senator may yield his or her right to the floor |
| to another senator. |
| 7.2 Personal Privilege. |
| Only at the time provided for in section 3.3, a senator may claim the floor to address the |
| senate on personal privilege. Personal privilege shall include the right to reply to criticism, or to |
| discuss anything clearly derogatory to the member or which reflects upon his or her character that |
| appears in the press or other public medium but shall not include the right to discuss favorable |
| references to the senator, nor to reply to generalized criticism of the senate which does not refer |
| to him or to her specifically, nor to attack another member of the senate personally. Whether a |
| member's remarks constitute personal privilege shall be determined by the presiding officer. |
| 7.3 Addressing the Senate on Important Matters. |
| Only at the time provided for in section 3.3, a senator may request unanimous consent of |
| the senators present to address the senate on a topic or matter of importance to the welfare of the |
| state. A senator granted the right to so address the senate may be interrupted at any time by |
| another senator who wishes to object to the first senator's right to continue to address the senate |
| and upon such objection the first senator's right to address the senate shall terminate. |
| 7.4 Objectionable Language. |
| No senator shall use profane, insulting, or abusive language or act in any manner that is |
| disruptive to the course of public debate on the senate floor, or in testimony before any committee |
| of the general assembly. |
| 7.5 Priority of Business. |
| All questions relating to priority of business to be acted upon shall be decided by the |
| presiding officer without debate. |
| 7.6 Calendar. |
| There shall be a calendar kept by the secretary of the senate upon which shall be placed |
| the bills reported by all committees, and all other matters ordered placed thereon by the senate. |
| Matters on the calendar shall be arranged by the secretary of the senate in numerical order by |
| committee unless otherwise ordered by the president of the senate in agreement with the majority |
| leader and the minority leader. Such calendar shall be electronically available to all members of |
| the senate. Except as provided in section 7.13, and during consideration of the calendar, no other |
| business shall intervene except to receive a communication from the house or a motion to |
| suspend section 3.5. |
| All business on the calendar not disposed of at the time of adjournment shall be first in |
| order on the calendar the next day. No matter of business on the calendar shall be considered |
| upon its merits unless it has been on such calendar for at least two (2) calendar days; except that |
| the president of the senate may order a bill placed on the calendar for less than two (2) calendar |
| days; provided, however, a bill passed by the senate and amended by the house of representatives |
| may be considered by the senate without being on the calendar for two (2) calendar days if the |
| requirements of section 4.9-1 have been met. |
| 7.7 Consent Calendar. |
| Notwithstanding the provisions of section 7.6, the secretary of the senate shall also |
| maintain a separate calendar, designated as the consent calendar, upon which shall be placed |
| resolutions required by section 4.7, acts seeking to vacate the forfeiture of a corporate charter and |
| such other bills as directed by the president of the senate. Matters on the consent calendar shall be |
| in order for disposal on each day and shall include all such matters reported or referred thereto |
| from the previous day. Such consent calendar shall be posted in the chamber of the senate. All |
| matters on the consent calendar shall be disposed by roll call vote on a single motion except such |
| matters as may be objected to by any single senator, which said matter or matters shall be held |
| over on the regular calendar for the next legislative day. |
| 7.8 Reports of Joint Committees. |
| No bill reported by or forwarded on the recommendation of a joint committee of the two |
| houses shall be in order for concurrence by the senate if it shall appear that the members of such |
| joint committee on the part of the senate, if in attendance on the general assembly, shall not have |
| been notified or present when the subject was acted on by such joint committee. No report shall |
| be acted on in the senate from any joint committee unless as subscribed by a senator who is a |
| member of said committee. Any report from a joint committee shall be made on the floor of the |
| senate by a member of said committee, notwithstanding that said member may not have |
| concurred in the report and said report shall be held on the desk unless ordered placed on the |
| calendar pursuant to section 7.6 by the president of the senate or by a majority vote of the senate. |
| 7.9 Messages from the House. |
| When a message is received from the house of representatives, transmitting any papers, |
| the secretary of the senate shall transmit to the office of the president of the senate all house |
| transmittals received on that day. The president of the senate shall assign house transmittals to |
| committees upon adjournment of the senate. The secretary of the senate shall cause all house |
| transmittals to be published in the senate journal for the day such transmittals are received. Any |
| senator may object to the committee assignment for any transmittal received during the previous |
| legislative day. Upon objection being made, the presiding officer shall assign the transmittal to |
| the committee requested by the senator making the objection, provided, however, that if another |
| senator objects to any assignment or proposed assignment of the transmittal, then the presiding |
| officer shall call for a vote of the senate on any motion for assignment which has been made and |
| seconded, such motion requiring a majority vote of those senators present and voting for |
| assignment to a particular committee. |
| During the time for consideration of house transmittals, a senator may move for |
| immediate consideration of a house transmittal, received by the secretary of the senate on the |
| previous legislative day. If there is no objection to the motion, it is deemed to be approved, but if |
| there is objection to the motion for immediate consideration, the presiding officer shall submit the |
| motion to a vote of the senate, such motion for immediate consideration shall require the votes of |
| two-thirds (2/3) of those senators present and voting, for approval. |
| 7.10 Amendments. |
| No senator may amend from the floor any bill pending before the senate unless such |
| amendment be submitted, electronically or in writing, with sufficient copies signed by the |
| proponent, and read to the body; provided, however, that no amendment to the annual budget bill |
| making appropriations for the support of the state may be offered, except with the agreement of |
| two-thirds (2/3) of the members present, unless copies thereof shall have been filed with the |
| secretary of the senate no later than 12:00 o'clock noon on the legislative day preceding the |
| legislative day on which the budget bill shall be in order for consideration: provided however that |
| with majority consent a senator may make an oral amendment of a technical or minor nature. |
| 7.11 Votes in Concurrence. |
| Whenever any bill shall come before the senate for concurrence, and the senate concurs |
| without amendments, or fails to concur, the secretary of the senate may announce the concurrence |
| or nonconcurrence to the other house, but the original bill received by the senate shall not be |
| transmitted to the other house. |
| 7.12 Motions. |
| No motion shall be debated until it has been seconded. For the purpose of recorded votes |
| only the first second shall be recorded. A motion may be withdrawn by the mover at any time |
| before a decision or a motion to amend, except a motion to reconsider, which shall not be |
| withdrawn after the time has elapsed within which it could be originally made. |
| 7.13 Interruption of Debate. |
| When a question is under debate, no motion shall be received except to suspend section |
| 3.5, to adjourn, to recommit, for the previous question, to close debate, to fix a time for closing |
| debate, to take a recess, to lay on the table, to take from the table, to transmit, to postpone |
| indefinitely, to change calendar arrangement, or to amend, and any motion or resolution the |
| purpose of which is to take any bill or any other matter from committees of the senate or to |
| discharge a committee from the consideration thereof, which several motions shall have |
| precedence in the order in which they are here arranged and shall be decided by majority vote |
| without debate; provided further that a motion to recommit as to any bill which is placed on the |
| senate calendar may be voted by yeas and nays; however, if the prime sponsor timely objects, the |
| motion shall be voted on by electronic roll of the senate. |
| 7.14 Adjournment. |
| When time for meeting of the senate shall have been previously fixed, a motion to |
| adjourn and a motion to suspend section 3.5 shall always be in order. The senate shall not be |
| adjourned except by affirmative vote of a majority of the senators present and voting. |
| 7.15 Lay on the Table. |
| When an amendment proposed to any pending measure be laid on the table, it shall not |
| carry with it, or prejudice such measure. |
| 7.16 Dividing Questions. |
| A question that is susceptible of division shall, at the request of the majority, be divided |
| and put separately upon the propositions of which it is compounded. |
| 7.17 Non-Germane Amendments. |
| No motion or proposition of a subject different from that under consideration shall be |
| admitted under color of amendment. |
| 7.18 Motion for Reconsideration. |
| A senator on the prevailing side of any vote may, on the same legislative day, move to |
| reconsider the vote on the same or following legislative day. When a bill has been reconsidered it |
| shall not be reconsidered again during the session. Bills and other papers in reference to which a |
| motion to reconsider is pending shall, unless otherwise ordered, remain in the possession of the |
| secretary of the senate until the right of reconsideration has expired. The privilege to reconsider |
| granted by this rule may be suspended by a majority vote of the senators present and voting. |
| 7.19 Printed Material. |
| If the reading of any printed or written paper be objected to, the matter shall be |
| determined by a majority vote of the senate without debate. |
| 7.20 Recommittal. |
| No motion to recommit shall be entertained by the presiding officer as to any bill which |
| is placed on the calendar as the result of section 6.10 until every senator desiring to be heard has |
| been recognized, notwithstanding the provisions of section 7.13. |
| 7.21 Immediate Consideration. |
| During the time for introduction and reference of new business, as provided in section |
| 3.3, a senator may introduce a bill and move for immediate consideration of the bill at that time. |
| If there is no objection to the motion, for immediate consideration it is deemed to be approved, |
| but if there is objection to the motion for immediate consideration, the presiding officer shall |
| submit the motion to a vote of the senate; such motion for immediate consideration shall require |
| the votes of two-thirds (2/3) of those senators present and voting, for approval. If the bill is not |
| available electronically to all members of the senate at the time of the request for immediate |
| consideration, then a hard copy of the bill shall be made available to any senator upon request. |
| 7.22 Questions During Debate. |
| A senator, while speaking after recognition by the chair, may, upon request of a senator, |
| yield to him or her temporarily without thereby relinquishing his or her prior right to the floor |
| and, thereafter, may terminate such interruption and resume speaking at any time; provided, |
| however, that it shall not be in order for a senator to rise and request that a senator, other than the |
| one with the right to the floor, yield to a question. Furthermore, it shall not be in order for a |
| senator, with the right to the floor, to ask another senator to yield to a question, unless such |
| senator has previously spoken during the debate on the matter. All questions and responses shall |
| be directed through the chair and the presiding officer shall not be interrupted when speaking. |
| SECTION 8. |
| VOTING ON THE SENATE FLOOR |
| 8.1 Method of Voting. |
| The electronic roll call of the senate shall be called on any vote pertaining to an election, |
| public bill, on passage of the consent calendar and on any other vote at the request of any senator |
| present; otherwise, votes shall be put by yeas and nays. In naming sums or numbers, and fixing |
| times, the largest sum or longest time shall be put first. |
| 8.2 Voting Machine Inoperative. |
| In the event the machine is not to be used to record a vote or is not operating properly, all |
| votes and other determinations may be taken as required by senate rules, either by voice vote, |
| division vote or by calling the roll alphabetically and recording the yeas and nays. If a senator's |
| voting device is out of order, the senator shall rise and announce it to the presiding officer and |
| cast his or her vote orally prior to the declaration of the result of the vote. |
| 8.3 Who May Vote. |
| Any member who is present on the senate floor must vote. Any senator who is not on the |
| floor at such time, but who returns before the machine is locked, shall be permitted to vote. |
| Without objection or with a majority vote, a senator may be permitted to cast a vote after the |
| results have been announced, provided however such request shall be made on the same |
| legislative day and, only if the vote if so permitted, will not change the result previously |
| announced. |
| 8.4 Control of Electronic Voting System. |
| The electronic voting system shall be under the control of the presiding officer and shall |
| be operated by such personnel as the president of the senate so designates. |
| 8.5 Conducting a Vote. |
| At a reasonable time prior to any vote being taken, the presiding officer shall announce |
| that a vote is about to be taken. When any senator other than the president of the senate is |
| presiding, such senator may direct either the Secretary of the Senate or the reading clerk to cast |
| his or her vote at his or her voting station, but at no other time may a senator designate any other |
| person to cast his or her vote. Until the completion of the voting, no senator shall be recognized, |
| and no other business shall be transacted. When sufficient time has elapsed for each senator to |
| vote prior to locking the machine, the presiding officer shall ask if any member present desires to |
| vote or change his or her vote. The presiding officer shall then order the machine locked and |
| activate the recording process. The voting machine shall remain locked between all votes. |
| 8.6 Announcing the Tally. |
| When the vote is completely recorded, the Secretary of the Senate shall advise the |
| presiding officer of the result; and the presiding officer shall announce the result to the senate and |
| the result shall be recorded in the journal. |
| 8.7 Changing a Vote. |
| No vote may be changed after the system has been locked and the vote recorded except |
| that, after a vote has been recorded, any senator may, by a majority vote of the senate, be |
| permitted to change his or her vote, provided that such change be effected on the same calendar |
| day as his or her original vote. |
| 8.8 Recording Votes. |
| 8.8-1 On any recorded vote, no senator shall be recorded as having voted unless he or she |
| has been recorded or recognized as being present prior to the conduct of said vote. |
| 8.8-2 Upon request, on any non-recorded vote, any senator shall have his or her vote |
| recorded so that it shall appear in the journal of the senate. |
| 8.9 Voting for Another. |
| No senator may vote for another senator; nor may any person cast a vote for a senator, |
| except as otherwise provided in section 8.5. A senator who voted for another senator may be |
| punished in a manner the senate determines. A person voting for a senator, when not authorized |
| by section 8.5, is barred from the floor of the senate and may be further punished as the senate |
| determines. |
| 8.10 Explanation of Vote. |
| No explanation of any vote will be permitted during the voting or after a vote has been |
| cast. |
| 8.11 Statement of the Question. |
| After the question has been put, but before the system is locked, any senator may call for |
| a statement of the question. |
| 8.12 No Interruption. |
| While the presiding officer is putting the question, or the vote is being recorded, no |
| senator shall speak or leave his or her place. |
| 8.13 Voting by Proxy. |
| Notwithstanding any senate rule to the contrary, during any declared state of emergency |
| and while the senate is in session, a senator may request from the presiding officer permission to |
| vote by proxy on any bill or matter before the senate. The presiding officer shall, when deciding |
| to grant or deny the request, consider whether the senator making the request would face a |
| hardship in attending session, or, during a contagion, falls within a high-risk category as defined |
| by the Rhode Island Department of Health or an equivalent agency. |
| The presiding officer may also authorize a member to vote at session by limited-directed |
| proxy, if the member is unable to be physically present in the chamber due to a health, family |
| health or medical condition. A member may provide a written request to the presiding officer for |
| authorization to vote by proxy pursuant to this rule. The presiding officer may require that the |
| member provide documentation from a physician verifying that the member is unable to be |
| physically present at session based upon the medical needs of the member or family member, and |
| the presiding officer may limit the duration of authorization under this rule. Authorization to vote |
| by proxy pursuant to this rule shall be reported in the senate journal. |
| If the presiding officer grants a senator permission to vote by proxy, the presiding officer |
| shall notify the secretary of the senate of the decision to allow such vote by proxy. The secretary |
| of the senate shall prepare a proxy(ies) for each senator voting by proxy, in a form substantially |
| as follows: The bill number or matter to be voted on followed by a box to approve and a box to |
| disapprove. The secretary of the senate shall deliver the proxy(ies), by email or hand delivery, to |
| each senator authorized to vote by proxy. Any senator voting by proxy shall have their signature |
| notarized and shall return the notarized proxy(ies), by email or hand delivery, to the leader of |
| their respective caucus. The majority or minority leader shall forward the executed proxy(ies) to |
| the secretary of the senate to be recorded in the journal. |
| SECTION 9. |
| PROCEEDINGS ON NOMINATIONS |
| 9.1 Scope. |
| The senate’s exercise of its constitutional obligation to give advice and consent to |
| executive appointees shall be governed solely and exclusively by these rules. |
| 9.2 Delivery |
| Nominations shall be delivered to the Secretary of the Senate, or his or her designee, at |
| the Office of the Secretary for presentation to the Senate. |
| 9.3 Presentation to the Senate. |
| When a nomination shall be presented to the Senate for advice and consent, it shall, |
| unless otherwise ordered, be referred to the appropriate committee or committees and a copy of |
| the nomination shall be delivered to the senator within whose district the nominee resides. Except |
| as set forth herein, nominations shall follow the same course and be subject to the same |
| procedures as bills introduced pursuant to Rules of the Senate. |
| 9.4 Questions Presented. |
| The final question on every nomination shall be, "Will the Senate provide its advice and |
| consent to [insert nominee name and position]?" which question shall not be put on the same |
| legislative day on which the nomination is received, nor on the legislative day on which it may be |
| reported by a committee. Provided, however, that this provision may be waived by vote of a |
| majority of the Senate. |
| 9.5 Effect of Non-action. |
| Nominations neither confirmed nor rejected during the annual session at which they are |
| made shall not be acted upon at any succeeding session unless renewed by the appointing |
| authority; and if the Senate shall adjourn or be in recess for a period in excess of thirty (30) days, |
| all nominations pending and not finally acted upon at the time of such adjournment or recess shall |
| be returned by the Secretary of the Senate to the appointing authority, and shall not again be |
| considered unless the nomination shall again be made and delivered to the Senate by the |
| appointing authority. |
| 9.6 Withdrawal of Nominations. |
| Nominations may be withdrawn by the appointing authority at any time prior to final |
| action thereon by the Senate. |
| SECTION 10. |
| MISCELLANEOUS |
| 10.1 Legislative Aides. |
| The president of the senate may appoint and prescribe the duties and terms of a |
| parliamentarian and one head page and as many assistant pages, doorkeepers and legislative aides |
| as the president of the senate shall deem necessary; and any or all of them may be removed at the |
| pleasure of the president of the senate. |
| 10.2 Absence of a Quorum. |
| When there shall be seven (7) or more senators, but less than a quorum of the senate |
| present, a majority of the senators present may direct the presiding officer to compel the |
| attendance of absent senators in accordance with law. |
| 10.3 Amendment and Suspension of Rules. |
| No rule shall be repealed, suspended or amended, or the operation thereof temporarily |
| suspended except by two-thirds (2/3) of the members present and voting. |
| 10.4 Access to the Senate Chamber. |
| 10.4-1 Access During Senate Session. |
| Ten minutes prior to the time the senate is scheduled to convene, the secretary of the |
| senate shall clear the senate chamber of all persons other than members of the general assembly, |
| general assembly staff, guests of a senator, and authorized representatives of the news media. |
| From this time to the adjournment or recess of said session no persons other than those listed |
| above shall be admitted to the senate chamber except with permission from the senate president. |
| 10.4-2 Senators' Seats. |
| The seat of each senator shall be assigned by the president of the senate, and in no event |
| shall any other person be permitted to occupy such assigned seat. |
| 10.4-3 Sheriff's Duties. |
| It shall be the duty of the sheriff, or the sheriff's deputies in attendance in the senate, or in |
| their absence, a member of the capitol police department, to see that sections 10.4-1, 10.4-2, 10.4- |
| 3, 10.4-4 and 10.4-9 are enforced, and that all senate entrances and exits are kept completely clear |
| and open to passage to and from the chamber. |
| 10.4-4 Gallery. |
| When the normal seating accommodations for visitors in the gallery have been filled, no |
| additional seats shall be installed, and no persons shall be thereafter admitted to the gallery of the |
| senate while in session except to fill vacancies. |
| 10.5 Confidentiality of Drafting. |
| At the request of any senator or senate attorney to the director of the legislative council, |
| an entry into the word processing system may be made confidential so that the entry shall be |
| accessible only to the senator or senate attorney making such request or his or her designee. An |
| entry may be a bill, letter, memorandum or any other document. |
| 10.6 Misuse of Rules. |
| If it appears that the rules are being used as a tactic to impede senate business, the |
| presiding officer may make a decision to that effect and put the matter before the senate and a |
| majority vote of the senators present shall sustain with finality the ruling of the presiding officer. |
| 10.7 Extraordinary and Special Session. |
| In the event of the calling of an extraordinary session of the general assembly by the |
| governor, or a reconvened session by the speaker of the house and the president of the senate, |
| said session shall be conducted pursuant to these rules; provided, however, that sections 4.9-1, |
| 6.2, 7.6 and 7.8 are not applicable to any such session; and, provided further, that any bill, act or |
| resolution for consideration of which the session is called shall have been provided to the |
| members at least twenty-four (24) hours prior to the consideration of the senate. |
| 10.7-2 Voting by Proxy During Declared State of Emergency. |
| Notwithstanding any senate rule to the contrary, during any declared state of emergency |
| and while the senate is in session, a senator may request from the presiding officer permission to |
| vote by proxy on any bill or matter before the senate. The presiding officer shall, when deciding |
| to grant or deny the request, consider whether the senator making the request would face a |
| hardship in attending session, or, during a contagion, falls within a high-risk category as defined |
| by the Rhode Island Department of Health or an equivalent agency. If the presiding officer grants |
| a senator permission to vote by proxy, the presiding officer shall notify the secretary of the senate |
| of the decision to allow such vote by proxy. The secretary of the senate shall prepare a proxy(ies) |
| for each senator voting by proxy, in a form substantially as follows: The bill number or matter to |
| be voted on followed by a box to approve and a box to disapprove. The secretary of the senate |
| shall deliver the proxy(ies), by email or hand delivery, to each senator authorized to vote by |
| proxy. Any senator voting by proxy shall have their signature notarized and shall return the |
| notarized proxy(ies), by email or hand delivery, to the leader of their respective caucus. The |
| majority or minority leader shall forward the executed proxy(ies) to the secretary of the senate to |
| be recorded in the journal. The right to vote by proxy shall cease on the date that the state of |
| emergency is officially declared over. |
| 10.7-210.8 Remote committee hearings. |
| Notwithstanding any senate rule to the contrary, during any declared state of emergency |
| and while the senate is in session, a committee chairperson, with the permission of the presiding |
| officer, may schedule a remote meeting of the committee in which they serve as chairperson for |
| the purpose of hearing and/or considering any matter that has been assigned to the committee. |
| Unless otherwise provided for, the chairperson or vice chairperson of the committee shall ensure |
| that all requirements of section 6 of these rules are complied with. This rule shall be construed to |
| allow for both remote and in person/remote participation. |
| 10.810.9 Mason's Rules. |
| Mason's Rules of Order shall govern procedure on the senate floor and in the committees |
| of the senate in all cases in which they are not inconsistent with these rules or with any joint rules |
| of the senate and house. |
| 10.910.10 Use of Facilities. |
| The senate locker room, lounge and corridor adjacent to them shall be for the exclusive |
| use of the senators and their guests. |
| 10.1010.11 Decorum. |
| No senator shall use profane, insulting or abusive language or act in any manner that |
| interferes with the orderly conduct of the session of the senate. The president of the senate shall |
| preserve decorum and order in the senate chamber. While in the senate chamber, members and |
| staff shall be required to dress in proper and appropriate attire, such as blouses, dress slacks and |
| collared shirts with accompanying jacket. |
| 10.1110.12 Smoking Prohibited. |
| Smoking shall be prohibited in all senate areas including, but not limited to: the chamber, |
| gallery, lounge, committee rooms, offices, restrooms or hallways. The presiding officer shall |
| enforce this rule. |
| 10.1210.13 Consumption of Food and Alcoholic Beverages. |
| The consumption of food and alcoholic beverages shall be prohibited on the senate floor. |
| Except at the specific request of a member, all beverages consumed on the floor shall be in paper |
| or plastic cups. |
| 10.1310.14 Electronic Devices. |
| Members shall be courteous and professional when using electronic devices. |
| 10.1410.15 Photographic Equipment. |
| During sessions, photographic equipment that blocks ingress or egress or unduly creates a |
| disturbance as determined by the president of the senate or the senate committee chair, shall not |
| be used on the floor of the senate or in committee hearing rooms when committee meetings are in |
| session. |
| 10.1510.16 Display of Posters, Signs, and Banners on the Floor. |
| No placard, sign, poster, banner, chart or other visual aid of similar nature shall be |
| displayed on the floor of the Senate or used in debate at any time when the Senate is in session |
| without the consent of the presiding officer. Any decision of the presiding officer under this rule |
| may be appealed to the body. |
| 10.1610.17 Display of Posters, Signs, and Banners Prohibited in the Gallery or |
| Hearing Rooms. |
| No placard, sign, poster, banner, chart or visual aid of similar nature shall be displayed in |
| the gallery or committee hearing room at any time when the Senate or a committee is in session. |
| The presiding officer shall order any such object so displayed to be removed. |
| 10.1710.18 Official Notice. |
| Except as otherwise provided in these rules, notice to a member transmitted from the |
| Office of the President through the Rhode Island General Assembly email system to the |
| rilegislature.gov email address assigned to the member shall constitute official written notice to |
| the member as of the date and time of the transmission. It is the responsibility of the members to |
| monitor their rilegislature.gov email address on a regular basis, or to have email messages |
| forwarded to an address which is monitored on a regular basis. Alternatively, a member may elect |
| to receive such notice directly at an email address other than the member’s rilegislature.gov email |
| address by executing a form available in the Office of the President. Once designated, |
| transmissions to the alternate email address shall constitute written notice to the member as of the |
| date and time of the transmission and will continue to be such until the Office of the President is |
| notified of a different address. |
| 10.1810.19 Continuing Ethics Education. |
| All state senators and senate employees shall annually participate in a continuing |
| education program presented by the Rhode Island Ethics Commission on the Rhode Island Code |
| of Ethics and related laws. |
| 10.1910.20 Continuing Education and Training. |
| All state senators and senate employees, shall annually participate in a continuing |
| education program presented by the Rhode Island Commission for Human Rights. |
| 10.2010.21 Discipline of a Member. |
| The extraordinary power of expulsion generally should be reserved for very serious |
| breaches of legal or ethical responsibilities of members. A complaint to expel a member shall |
| commence with a resolution sponsored by the senate president; provided however, if the president |
| is the subject of the resolution to expel, the resolution shall be sponsored by the president pro |
| tempore. The secretary of the senate shall refer the resolution to the committee on judiciary. The |
| committee shall investigate the matter and shall have the right to compel witnesses and produce |
| documents by subpoena and other customary means. The committee shall afford the member due |
| process. Due process shall be defined as customary legislative process for hearings, to include: |
| properly served notice of all hearings, the right to testify and refute the allegations and the right to |
| present evidence. In addition, individual notice shall be served upon the member and the member |
| shall have the right to cross examine any witness. The vote of a majority of the committee shall |
| be sent to the floor for the next legislative day available for consideration. All testimony shall be |
| under oath and preserved by stenographic record which shall be transcribed upon the order of the |
| chair. Expulsion shall require by two-thirds of the members elected voting for approval of the |
| resolution to expel. |
| 10.2110.22 Elections. |
| (1) On the first day of session, in an odd-numbered year, the senate shall be called to |
| order by the senior member in continuous service present from Newport: "from Newport" shall be |
| defined as any member who lives in Newport, if none, then the senior member whose district |
| includes any of the City of Newport. If there are two (2) or more members of equal seniority of |
| service, then by that one of them that shall be senior in age. The roll of members as appears by |
| the list of senators shall then be called by the clerk. If a quorum is present, the member calling the |
| senate to order as provided above shall call for nominations for the office of president of the |
| senate, and shall call for a roll call vote of all members voting, and after the votes have been |
| counted by him or her and by the clerks of the senate, he or she shall declare the result, and the |
| voting shall continue until some person receives a majority of all the votes, and the person |
| receiving that majority shall be the president of the senate for the ensuing term of two (2) years; |
| (2) The member so calling the senate to order shall not receive, entertain, or put to vote any |
| motion or question whatever, or point of order, excepting, the adoption of interim Senate Rules |
| which shall precede any election; (3) Immediately upon the election of a president, the senate |
| shall proceed to elect by roll call vote a president pro tempore, deputy president pro tempore, |
| secretary of the senate and reading clerk, and shall immediately notify the house of |
| representatives that it is duly organized and ready to proceed with the business of the session; (4) |
| The secretary and clerk shall be employees of the legislative department under the jurisdiction |
| and control of the senate, and shall hold office for two (2) years, and until their successors are |
| elected and qualified; (5) Should the office of president pro tempore, deputy president pro |
| tempore, secretary of the senate and reading clerk become vacant during the session term, the |
| president shall call for elections. Should the office of president become vacant during the session |
| term, the president pro tempore shall preside over an election using subsection (1) above. |
| SECTION 11. |
| TRANSPARENCY |
| 11.1 Policy. |
| It is declared to be the policy of the senate that to the maximum extent possible senate |
| votes on public bills, elections and proceedings on the floor and in committee shall be recorded, |
| or video screened and published on the general assembly website and/or broadcast on capitol |
| television. |
| 11.2 Publication of Committee Votes. |
| To the extent possible, committee votes shall be published on the general assembly |
| website prior to the floor vote on the bill; provided however, that failure of a committee vote to |
| appear on the website prior to the floor vote shall not be grounds for objection to consideration of |
| the bill on the floor. |
| 11.3 Televising or Otherwise Recording Committee Hearing. |
| To the extent possible, committee hearings shall be video recorded and broadcast to the |
| public on capitol television. |
| 11.4 Publication of Votes. |
| All votes on public bills recorded electronically or by roll call shall be placed forthwith |
| on the general assembly website. |
| 11.5 Publication of the Senate Rules. |
| The senate rules together with an index thereof shall be published on the general |
| assembly website. |
| 11.6 Authorization and Direction. |
| The president of the senate and the senate staff are authorized and directed to take such |
| reasonable and prudent action as may be necessary to carry out the policies and directives set |
| forth in this section. |
| ======== |
| LC001264/SUB A |
| ======== |