05 LC
14 8970
Senate
Resolution 2
By:
Senators Johnson of the 1st, Stephens of the 27th and Balfour of the 9th
ADOPTED
SENATE
A
RESOLUTION
Adopting
the Rules of the Senate; and for other purposes.
BE
IT RESOLVED BY THE SENATE that the following, upon adoption of this resolution,
shall constitute the rules of the Senate for the regular 2005 session and for
the duration of this General Assembly:
RULES
OF THE SENATE
SECTION
ONE
OFFICERS, SENATORS, EMPLOYEES, AND ETHICS
OFFICERS, SENATORS, EMPLOYEES, AND ETHICS
PART
1: OFFICERS OF THE SENATE
1-1.1
President of the Senate
(a)
There shall be a Lieutenant Governor, who shall be elected at the same time, for
the same term, and in the same manner as the Governor. The Lieutenant Governor
shall be the President of the Senate and shall have such executive duties as
prescribed by the Governor and as may be prescribed by law not inconsistent with
the powers of the Governor or other provisions of this Constitution. The
compensation and allowances of the Lieutenant Governor shall be as provided by
law. (Ga. Const., art. V, sec. I, par. III.)
(b)
The Lieutenant Governor shall, before entering on the duties of office, take an
oath or affirmation as prescribed by law.(Ga. Const. art. V. sec I, par
VI).
(c)
The presiding officer of the Senate shall be called the "President of the
Senate". (Ga. Const., art. III, sec. III, par. I.)
(d)
As used in these Rules, the term "President of the Senate" refers solely to the
Lieutenant Governor and "President" refers to the Lieutenant Governor, the
President Pro Tempore, or any other Senator who is presiding over the
Senate.
(e)
All Acts and resolutions shall be signed by the President of the Senate and
Secretary of the Senate and all writs, warrants, and subpoenas issued by order
of the Senate shall be signed by the President of the Senate and attested by the
Secretary of the Senate.
(f)
All Acts shall be signed by the President of the Senate and the Speaker of the
House of Representatives. (Ga. Const., art. III, sec. V, par. X.)
1-1.2
President Pro Tempore
(a)
A President Pro Tempore shall be elected by the Senate from among its members by
a majority of the Senators voting, provided the total vote constitutes a quorum.
The President Pro Tempore shall act as President in case of the temporary
disability of the President of the Senate. In case of the death, resignation, or
permanent disability of the President of the Senate or in the event of the
succession of the President of the Senate to the executive power, the President
Pro Tempore shall become President of the Senate and shall receive the same
compensation and allowances as the Speaker of the House of Representatives. The
General Assembly shall provide by law for the method of determining disability
as provided in this Paragraph. (Ga. Const., art. III, sec. III, par.
I.)
(b)
Whenever from any cause the President of the Senate shall be absent, the
President Pro Tempore shall preside. If both shall be absent, the Secretary of
the Senate shall call the Senate to order and shall preside until the election
of an acting presiding officer, which said election shall be the first business
of the Senate. The acting presiding officer shall preside until the return of
one of the first named officers, at which time his or her functions shall
cease.
(c)
The President of the Senate may, during a day's session, name the President Pro
Tempore or the designee of the President Pro Tempore to perform the duties of
the Chair during any part of that day, but no longer.
(d)
While presiding, or in the absence of the President of the Senate, the President
Pro Tempore shall have the same powers and duties as the President of the
Senate. (O.C.G.A. 28-1-6)
(e)
The President Pro Tempore shall serve as Parliamentarian of the
Senate.
1-1.3
Voting Rights of a Senator when Presiding
When
the President Pro Tempore or any other Senator is presiding, he or she shall not
vote unless the Senate shall be equally divided, or unless his or her vote, if
given to the minority, will make the division equal. The presiding Senator shall
vote in all elections. In all cases where a fixed constitutional vote is
required to pass a bill or measure under consideration, and said bill or measure
shall lack only one vote to pass the same, the presiding Senator shall vote, and
his or her vote shall be counted the same as that of any other member.
1-1.4
Caucus Officers
The
Majority Party may, by caucus, elect a Majority Leader and a Majority Whip,
whose names shall be certified to the Secretary of the Senate. The Minority
Party may, by caucus, elect a Minority Leader and a Minority Whip, whose names
shall be certified to the Secretary of the Senate.
1-1.5
Secretary of the Senate
(a)
There shall be a Secretary of the Senate elected by the members of the Senate by
recorded vote, and a majority of votes cast is necessary to elect. The term of
office shall be the time for which the members of the Senate are elected and
until their successors are elected. (O.C.G.A. 28-3-20) (Ga. Const. art. III,
sec. III, par. III)
(b)
The Secretary of the Senate, before entering on the discharge of his or her
duties, shall take an oath before the presiding officer of the Senate to
discharge his or her duties faithfully and to the best of his or her skill and
knowledge. Said oath should be entered in the Journal of the Senate. (O.C.G.A.
28-3-25)
(c)
The Senate shall be organized by the Secretary of the Senate who shall be the
ex-officio presiding officer until a presiding officer is elected. No question
except one relating to the organization shall be entertained by such officer;
and, in deciding such question, he or she shall be governed, as far as
practicable, by the standing rules of the Senate. In the absence of such
officer, his or her assistant may officiate. In the absence of both, the Senate
may appoint a chairman whose powers and duties shall be the same as those of the
Secretary.(O.C.G.A. 28-1-3)
(d)
Immediately after his or her election, the Secretary of the Senate shall give
bond and security in the sum of $5,000, payable to the Governor and his or her
successors in office, and conditioned for the faithful discharge of his or her
respective duties. The bonds shall be approved by the President of the Senate.
(O.C.G.A. 28-3-21)
1-1.6
Sergeant at Arms
(a)
The Senate is entitled to a Sergeant at Arms who shall perform such duties as
may be required of him or her, who shall be elected by the Senate and a majority
of votes cast is necessary to elect. He or she shall be compensated as provided
by resolution of the Senate. (O.C.G.A. 28-3-1)
(b)
It shall be the duty of the Sergeant at Arms to attend to the wants of the
Senate while in session, to aid in the enforcement of order under the direction
of the President and the Decorum Committee, to supervise the doorkeepers, and to
execute the demands of the Senate from time to time, together with all such
processes, issued under its authority, as may be directed to him or
her.
(c)
The President Pro Tempore shall have power to suspend the Sergeant at Arms for
misconduct or neglect of duty. He or she shall report any such suspension to the
Senate on its next regular business day thereafter for such action as the Senate
may see fit to take.
PART
2: SENATORS
1-2.1
Oath of Office
(a)
In addition to any other oath prescribed by law, each Senator, before taking the
seat to which elected, shall take the following oath: "I do hereby solemnly
swear or affirm that I will support the Constitution of this state and of the
United States and, on all questions and measures which may come before me, I
will so conduct myself, as will, in my judgment, be most conducive to the
interests and prosperity of this state." (O.C.G.A. 28-1-4a.)
(b)
In addition, each Senator shall swear that he or she:
(i)
is not the holder of any unaccounted for public money due this state or any
political subdivision or authority;
(ii)
is not the holder of any office of trust under the government of the United
States, any other state, or any foreign state which he or she is by the laws of
the State of Georgia prohibited from holding;
(iii)
is otherwise qualified to hold said office according to the Constitution and
laws of Georgia;
(iv)
will support the Constitution of the United States and of this state;
and
(v)
has been a resident of his or her district for the amount of time established by
law or Constitution. (O.C.G.A. 45-3-1)
(c)
The oath of office may be administered to the members of the General Assembly by
any Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the
superior courts, or judge of the state courts. Such Justice or Judge shall be
procured by the person organizing each branch. (O.C.G.A. 28-1-4b.)
1-2.2
Excused Absence
(a)
A motion to excuse a Senator from voting must be made before the Senate divides,
or before the roll call is commenced, and it shall be decided without debate,
except that the Senator making the motion must briefly state the reason why, in
his or her opinion, it should prevail.
(b)
All Senate Conference Committee members shall be excused from voting during
meetings of the Conference Committee. The excuse shall be entered in the Journal
if the Conference Committee member notifies the Secretary of the actual time of
the meeting before leaving and after returning to the Chamber.
1-2.3
Seating in the Senate Chamber
(a)
Senators elected to the following offices shall choose their Senate seats in the
order listed below:
President
Pro Tempore
Majority
Leader
Minority
Leader
All
Senators who have more than 20 years of continuous service in the Senate shall
select their seat in the order of seniority.
Majority
Whip
Minority
Whip
Administration
Floor Leader
Chairman
of the Rules Committee
(b)
All other Senators shall be seated by district number in ascending numerical
order commencing with the lowest permanently numbered available seat.
(c)
Only on the first day of the first regular session of a General Assembly and at
no other time, any two members may, by mutual agreement communicated in writing
to the Secretary of the Senate, exchange with each other the seats which would
otherwise be assigned to them under this rule.
1-2.4
Travel and Reimbursement
(a)
No member of the Senate shall engage in any travel at State expense outside the
State of Georgia unless such travel is first approved in writing by the
Committee on Administrative Affairs. The person requesting such approval shall
state in writing the places to be visited, the dates, and the purposes, which
shall be directly relevant to legislative duties.
(b)
Prior to any disbursement by the Legislative Fiscal Officer, there shall be on
file with said Fiscal Officer a copy of the approval by the Senate
Administrative Affairs Committee, and the person requesting reimbursement shall
submit an itemized listing of all expenses claimed hereunder.
PART
3: EMPLOYEES OF THE SENATE
1-3.1
Compensation for Employees
All
officers and employees of the Senate shall be paid for their services by the
Legislative Fiscal Officer from funds appropriated to the General Assembly.
(O.C.G.A. 28-4-6)
1-3.2
Travel and Reimbursement
(a)
No Senate staff member shall engage in any travel at State expense outside the
State of Georgia unless such travel is first approved in writing by the
Committee on Administrative Affairs. The person requesting such approval shall
state in writing the places to be visited, the dates, and the purposes, which
shall be directly relevant to official duties.
(b)
Prior to any disbursement by the Legislative Fiscal Officer, there shall be on
file with said Fiscal Officer documentation of the approval by the Committee on
Administrative Affairs of all out-of-state travel reimbursement requests,
submitted by the Secretary of the Senate or the directors of the Senate
Research, Information, and Budget offices, and the person requesting
reimbursement shall submit an itemized listing of all expenses claimed
hereunder.
1-3.3
Conflicts of Interest
A
person shall not be paid for services rendered to the Senate in any capacity
while such person is drawing any salary, wages, or other compensation from any
other Department of the State.
PART
4: CONDUCT AND ETHICS
1-4.1
Personal Financial Gain
(a)
Senators and Senate staff shall refrain from using government positions to
attain personal financial gain.
(b)
Senators and staff shall not use public resources or personnel for the purpose
of conducting personal or private business activity. Ordinary and necessary
communications which Senators and staff must conduct with their homes and
business interests while serving in their public capacities are permitted.
(c)
Senators shall not seek, accept, use, allocate, grant, or award public funds for
any purpose other than as approved by law.
(d)
No Senator shall vote upon any question if the Senator or any member of the
Senatoŕs
immediate family has a direct pecuniary interest in the result of such vote
which interest is distinct, unique or peculiar to the Senator or the
Senatoŕs
immediate family.
1-4.2
Campaign Contributions
(a)
No Senator or staff shall solicit a campaign contribution in a state office
building. Senators shall not operate political campaigns or operate political
fund raising campaigns from state office buildings which have not been leased or
rented for such purposes.
(b)
Senators shall not agree to, or threaten to withhold, political action or
constituent services as a result of a person's decision to provide or not to
provide a political contribution, charitable contribution, or support.
1-4.3
Conflicts of Interest
(a)
Senators and staff shall avoid financial conflicts of interest and close
economic associations where official action or decisions are motivated not by
public duty but by economic self-interest or association. "Financial conflicts
of interest and close economic associations" are defined as those financial
interests or interests arising from close economic associations with other
persons or entities which are so material, direct, distinct, unique, and
peculiar to the Senator or staff that it might reasonably be expected that
impartial official judgment could not be exercised.
(b)
No Senator or staff shall seek, accept, or retain employment which: makes it
unreasonably difficult to fulfill legislative obligations; requires the
disclosure or use of nonpublic or confidential information acquired in the
course of legislative service; requires improper use of government relationships
or the prestige associated with legislative offices; or will require the Senator
or staff to compromise any other ethical or legal duty.
1-4.4
Special Treatment; Acceptance of Things of Value
(a)
No Senator or staff, acting as an attorney or representative of another, shall
seek or accept any special treatment not otherwise approved by law or judicial
order because of his or her legislative role.
(b)
No Senator or staff shall accept anything of value when such thing of value is
offered with the understanding that official action will be taken or withheld by
a Senator or staff in consideration of acceptance of that which is offered. Any
offer made which is conditioned upon the taking or withholding of official
action shall immediately be reported in writing to the Chairman of the Ethics
Committee. (O.C.G.A. 16-10-2)
1-4.5
Crimes of Moral Turpitude and Controlled Substances
No
Senator or staff shall knowingly commit any crime involving moral turpitude or
knowingly possess, use, manufacture, or distribute any controlled substance,
dangerous drug, marijuana, or alcoholic beverage in violation of any state or
federal law or any county or municipal ordinance. Conviction of any such crime,
the acceptance of a plea of guilty or nolo contendere to any such crime, or
imposition of payment of a criminal or administrative penalty for any such crime
shall constitute a violation of this rule.
1-4.6
Sexual Harassment
(a)
The Senate is committed to providing a healthy and appropriate work environment
for legislators, legislative employees, interns, aides, and other state
employees which is free from sexual harassment. Sexual harassment in any manner
will not be tolerated.
(b)
Senators and staff are expected to discourage sexual harassment in the workplace
and at events, professional meetings, seminars or any activities that involve
legislative business.
(c)
Sexual harassment includes all conduct prohibited by Federal and state law and
the following unwelcome conduct:
(i)
verbal abuse of a sexual nature,
(ii)
graphic verbal comments about a
persońs
body,
(iii)
physical touching of a sexual nature,
(iv)
sexual advances and propositions,
(v)
sexually degrading words used to describe an individual,
(vi)
display in the work place of any sexually suggestive object or picture,
and
(vii)
any threat or insinuation, either explicitly or implicitly, that a
persońs
refusal to submit to a sexual advance will adversely affect that
persońs
employment, evaluation, wages, duties, work shifts, or any other condition of
employment or career advancement.
(d)
The provisions of this rule apply to Senators, Senate staff, and Senate aides,
interns, and volunteers.
(e)
Complaints may be brought against Senators, Senate staff, and Senate aides,
interns, and volunteers under the provisions of Rule 1-4.11. Senators, Senate
staff, and Senate aides, interns and volunteers will be subject to sanctions
proportionate to the seriousness of the offense. A supervisor who does not take
appropriate action when the supervisor knows or has reason to suspect that
harassment is occurring is also subject to sanctions proportionate to the
seriousness of the offense.
1-4.7
Discriminatory Harassment
(a)
The Senate is committed to providing a working environment free from
discriminatory harassment and intimidation of any kind, including harassment or
discrimination based on race, color, religion, national origin, age, veteran
status, disability or gender. Discriminatory harassment includes any verbal or
other conduct which disparages any individual or group and which creates an
offensive, intimidating, or hostile working environment.
(b)
All forms of discriminatory harassment are prohibited, whether in the form of
pictures, cartoons, teasing, jokes, e-mail, epithets, slurs, negative
stereotyping, name-calling, offensive gestures, or threatening, intimidating or
hostile acts.
(c)
The provisions of this rule apply to Senators, Senate staff, and Senate aides,
interns and volunteers.
(d)
Complaints may be brought against Senators, Senate staff, and Senate aides,
interns, and volunteers under the provisions of Rule 1-4.11. Senators, Senate
staff, and Senate aides, interns and volunteers will be subject to sanctions
proportionate to the seriousness of the offense. A supervisor who does not take
appropriate action when the supervisor knows or has reason to suspect that
harassment is occurring is also subject to sanctions proportionate to the
seriousness of the offense.
1-4.8
Standard of Conduct
All
contact with constituents, staff, lobbyists, representatives of the media, and
others interested or involved in the process of government shall be conducted in
a courteous, professional, and discreet manner.
1-4.9
Circumvention of Rules
No
Senator or staff shall knowingly circumvent the clear purpose or intent of laws
or any Senate Rule.
1-4.10
Opinions and Advice Regarding the Senate Rules
A
Senator or staff member may request in writing the opinion or advice of the
Committee on Ethics with regard to interpretation of any section of Part Four of
Section One. The Committee on Ethics shall expeditiously respond in writing to
such request. All requests for opinions or advice or any opinion or advice given
shall be confidential.
1-4.11
Ethics Complaints
(a)
A complaint shall be initiated by the filing of a statement alleging a violation
of any section of Part Four of Section One of these Rules with the Secretary of
the Senate. If a person who is directly supervised by the Secretary of the
Senate has a complaint against the Secretary of the Senate, then such complaint
may be filed with the President Pro Tempore. A complaint may be brought only by
any Senator or staff or others who are directly involved in legislative activity
or business. The complaint shall specifically describe the nature of the alleged
violation and the party or parties involved and shall be signed by the
complainant and verified under oath. The Secretary of the Senate, or the
President Pro Tempore, shall promptly refer the complaint to the Chairman of the
Committee on Ethics, who shall schedule a meeting of the Committee to
investigate the complaint utilizing in-house staff and counsel and investigators
as the Committee deems necessary. If the Chairman of the Committee on Ethics is
the subject of the complaint, then the Chairman shall recuse himself or herself
and such proceedings of the Committee regarding such complaint shall be overseen
in their entirety by the Vice-Chairman of the Committee. The Committee shall
promptly serve the named respondent with a copy of the complaint. Service of
such complaint shall be by personal service or by certified mail, return receipt
requested.
(b)
The Committee may also initiate an investigation on its own initiative by
majority vote. Within a reasonable time following the Committee's initiation of
such investigation, however, a majority of the Committee shall sign a complaint
that specifically describes the nature of the alleged violation and the party or
parties involved. The Committee shall promptly serve the named respondent with a
copy of the complaint and service of such complaint shall be by personal service
or by certified mail, return receipt requested.
(c)
Any complaint brought by or before the Committee shall remain confidential until
the Committee has determined that substantial cause exists that a violation
occurred. If the Committee determines that substantial cause does not exist that
a violation occurred, the complaint shall remain confidential.
(d)
Upon completion of an investigation, the individuals conducting the
investigation shall prepare a written report detailing the investigation
findings and shall present such report to the members of the Committee. If the
Committee does not find that evidence exists to provide substantial cause to
determine that a violation has occurred, it shall dismiss the complaint with
notice to the complaining party and the respondent. If the Committee finds
substantial cause to determine that a violation has occurred, the Committee may
negotiate a settlement with the respondent or set the matter for a hearing.
(e)
Any settlement shall be a matter of public record and shall be filed with the
Secretary of the Senate. If no settlement is reached, the Committee will hold
open hearings, taking any relevant evidence that addresses the charges. The
Committee may require the attendance and testimony of witnesses and the
production of materials which the Committee deems advisable and may administer
oaths and affirmations. The respondent shall receive reasonable notice of any
hearing and shall be entitled to receive within a reasonable time before the
hearing copies of all material before the Committee that is not otherwise exempt
from disclosure under the Georgia Open Records Law; to secure counsel of his or
her choosing; and to examine any witnesses who may be called by the Committee to
appear at any hearing. The respondent shall also have the right to call
witnesses and present evidence at any hearing. The Committee shall assure that
all hearings are recorded. The Committee shall have the burden of proof. Both
the Committee and the respondent shall be entitled to rebuttal. Upon completion
of such hearing, the Committee shall issue a report of its findings and
recommendations of action. The report and recommended action shall be a matter
of public record and shall be filed with the Secretary of the Senate.
(f)
The Committee on Ethics must find "clear and convincing evidence" in order to
conclude that a violation of Part Four of Section One of these Rules has
occurred.
(g)
If the Committee on Ethics finds a Senator in violation of Part Four of Section
One of these Rules, it may recommend a sanction or penalty including a letter of
reprimand, to the Senate. The Senate may independently initiate action against a
Senator pursuant to the Georgia Constitution, art. III, sec. IV, par VII.
(h)
If the Committee on Ethics finds a Senate staff member, aide, intern or
volunteer in violation of Part Four of Section One of these Rules, it may
recommend a sanction or penalty, up to and including dismissal, to the
Administrative Affairs Committee. The Administrative Affairs Committee may
implement the recommendation of the Committee on Ethics or take alternate
action, including dismissing the complaint, issuing a lesser penalty or issuing
a harsher penalty than that recommended by the Committee on Ethics.
(i)
Persons who report to the Committee on Ethics regarding an alleged violation of
Part Four of Section One of these Rules, or any other government entity
regarding such violation, shall not subjected to reprisal, retaliation,
harassment, discrimination, or ridicule by Senators or staff, nor shall the
confidentiality provisions contained herein be abridged.
1-4.12
Distribution of Rules; Educational Seminars
The
Secretary of the Senate shall distribute a copy of Senate Rules to all Senators
and staff. The Committee on Ethics shall, when deemed appropriate, conduct
seminars or other educational programs designed to inform Senators, staff, or
other interested parties of the provisions of these Rules, especially Part Four
of Section One, as well as statutes relating to ethical standards and conduct,
sexual harassment, and discrimination.
Part
5: Public Meetings
1-5.1
Open meetings
(a)
All sessions of the Senate and all meetings of Senate committees shall be open
to the public, except by a majority vote of a quorum of a committee or
subcommittee, a meeting may be closed to the public when the committee or
subcommittee is
(1)
discussing the future acquisition of real estate,
(2)
discussing the appointment, employment, or dismissal of a public officer or
employee or disciplinary action against such officer or employee, or
(3)
hearing complaints or charges brought against public officer or employee, unless
the officer or employee requests that the meeting be open to the public.
(b)
All meetings of the Committee on Assignments and the Committee on Administrative
Affairs shall be closed to the public.
(c)
All meetings of Committees of Conference shall be open to the public. The
Conference Committee may establish rules for the conduct of its meetings not in
conflict with the provisions of this rule.
SECTION
TWO
COMMITTEES
COMMITTEES
Part
1: Committees--Organization, Duties, and Responsibilities
2-1.1
Committee on Assignments
(a)
The Committee on Assignments shall be composed of the President Pro Tempore, the
President of the Senate, and the Majority Leader. The President Pro Tempore
shall serve as Chair of the committee. Actions of this committee shall be
reported to the Senate by the President Pro Tempore as necessary. The meetings
of this committee shall be closed to the public.
(b)
All committees, officers of committees and subcommittees, and members of
committees shall be appointed by the Committee on Assignments, provided that the
chairperson of a standing committee may appoint subcommittees in cases not
provided by the Committee on Assignments.
2-1.2
Committee on Administrative Affairs
There
shall be a Committee on Administrative Affairs composed of the President Pro
Tempore, the Majority Leader, the Minority Leader, the Secretary of the Senate,
the Chairman of the Committee on Rules, and two members of the Senate appointed
by the President Pro Tempore. This Committee shall have the responsibility of
employing, supervising, disciplining, and setting the compensation of all aides,
secretaries and other personnel for the Senate, including the Senate Budget,
Senate Information and Senate Research offices. The Committee shall supervise
the purchase and allotment of supplies for the Senate. This Committee shall also
supervise and approve all out-of-state travel of members of the Senate and
staff.
2-1.3
Standing Committees; Number of Members
(a)
The Committee on Assignments shall appoint standing committees and the maximum
number of Senators which may serve on that committee as follows:
AGRICULTURE
AND CONSUMER AFFAIRS - 8
APPROPRIATIONS
- 26
BANKING
AND FINANCIAL INSTITUTIONS - 9
ECONOMIC
DEVELOPMENT - 11
EDUCATION
AND YOUTH - 9
ETHICS
- 12
FINANCE
- 10
HEALTH
AND HUMAN SERVICES - 11
HIGHER
EDUCATION - 8
INSURANCE
AND LABOR - 10
INTERSTATE
COOPERATION - 5
JUDICIARY
- 11
NATURAL
RESOURCES AND THE ENVIRONMENT - 12
PUBLIC
SAFETY AND HOMELAND SECURITY - 8
REAPPORTIONMENT
AND REDISTRICTING - 13
REGULATED
INDUSTRIES AND UTILITIES - 11
RETIREMENT
- 7
RULES
- 12
SCIENCE
AND TECHNOLOGY - 8
SPECIAL
JUDICIARY - 7
STATE
AND LOCAL GOVERNMENTAL OPERATIONS - 8
STATE
INSTITUTIONS AND PROPERTY - 9
TRANSPORTATION
- 13
VETERANS
AND MILITARY AFFAIRS - 9
(b)
The above limitations shall not apply when the Committee on Assignments appoints
a Senator to committees if that Senator was duly elected in a special election.
2-1.4
Subcommittees
The
Committee on Assignments may create, in its discretion, within any standing
committee, a subcommittee or subcommittees and appoint the membership and
officers thereof. Nothing herein contained shall be construed to limit the
authority of the standing committees or the officers thereof.
2-1.5
Committee Powers and Responsibilities
(a)
A committee may act upon a bill, resolution, or other matter when the Senate is
in session or during a recess or adjournment after the opening day of a regular
session and prior to the last day of that session. When a committee so acts
during a day of recess or adjournment, the Secretary of the Senate may accept
the report of the committee on such day, and the committee report shall be
received and read by the Senate on the next day when the Senate is in session. A
standing committee may not take official action after the adjournment sine die
of a session and prior to the convening of the next session.
(b)
No bill shall be reported to the Senate until it has been acted upon by the full
standing committee, and all actions of any subcommittee shall be approved or
disapproved by the standing committee.
(c)
A committee cannot circumvent the provisions of the rules governing committees
by suspending any rule or part thereof.
(d)
Committees may establish rules of operation that are not in conflict with Senate
Rules or the most current edition of
Masońs
Manual of Legislative Procedure.
2-1.6
Committee Reports
(a)
All reports of a committee shall be in writing, and the minority of a committee,
signed by any member, may make a report in writing, setting forth succinctly the
reasons for their dissent.
(b)
If the report of a committee is favorable to the passage of a General bill or
resolution, the same shall be given a second reading without question, and any
Local bill or resolution shall be placed on the Local Consent Calendar.
2-1.7
Committee Meetings
(a)
In order to secure adequate quorums, standing committees shall meet at a time
and place scheduled and designated by the Secretary of the Senate and approved
by the Committee on Administrative Affairs; a list of the committee meetings,
stating their time and location, shall be posted by 10:00 a.m. on the Friday
preceding the week of the scheduled meetings. A Chairman may request in writing
directed to the Secretary of the Senate additional meetings if the request is
made no later than twenty-four (24) hours prior to the scheduled meeting. A
Chairman may cancel a meeting by notifying the Secretary of the Senate in
writing no later than twenty-four (24) hours prior to the scheduled meeting.
However, if no agenda for the meeting has been posted or distributed, the
meeting may be canceled by notifying the Secretary of the Senate in writing one
(1) hour prior to the meeting; the request will be immediately adjudicated.
There shall be no standing committee meetings in the Senate Chamber except a
scheduled public hearing.
(b)
The Committee on Assignments and the Committee on Administrative Affairs shall
be exempt from the requirements of paragraph (a). The Committee on Rules shall
also be exempt from the requirements of paragraph (a) except for meetings where
the Committee on Rules is discussing legislation or other legislative matters
referred to it directly by the President Pro Tempore.
(c)
No standing or interim committee or subcommittee of the Senate shall officially
meet at any place within the State where any citizen of the State is denied
admittance on the basis of religion, race, creed, nationality, or sex or on
property belonging to any private club, organization, or association in which
any citizen is denied membership on the basis of religion, race, creed,
nationality, or sex; except a correctional facility may be exempt if security
requirements demand.
(d)
The chair of each standing committee or subcommittee shall arrange to have
minutes kept of the meetings of the committee or subcommittee and shall see that
proceedings of all meetings are reduced to writing. This record shall
show:
(i)
the time and place of each meeting of the committee,
(ii)
the attendance of the committee members,
(iii)
an accurate record of all votes taken,
(iv)
the number of all bills acted upon,
(v)
all motions and results,
(vi)
any appearances by any persons other than members of the committee,
(vii)
the date and time the committee convened and adjourned, and
(viii)
such additional information as the committee shall determine.
Committee
minutes shall be subject to correction only if authorized by a majority vote of
the committee.
(e)
All committee reports shall be prepared under the direction of the Chairman and
no committee report shall be offered unless signed by the Chairman of the
committee or the person acting as Chairman when the bill was voted upon.
(f)
Any member may file a statement from the Chairman of a committee whose meeting
he or she (the committee member) is attending to be included in the roll call
portion of the minutes of any other committee meeting held at an overlapping
time that he or she was absent because he or she was attending another standing
committee meeting of which he or she is a member.
2-1.8
Committee Quorum
Each
standing committee at its first organizational meeting for the term shall set
the number of members required for a quorum; however, the quorum shall not be
set at less than a majority of the membership of the committee. Ex-officio
members shall not be counted in setting the number of members required for a
quorum for any committee but shall count as a voting member for purposes of
establishing a quorum at any given meeting.
2-1.9
Attendance and Testimony by Sponsor of Bill
The
committee shall not vote on any bill until the author or his or her designee has
been given the opportunity to appear and be heard. Each committee shall provide
in writing the details for carrying out the provisions of this
paragraph.
2-1.1
Rules Committee; Calendar; Special Rules
(a)
The Committee on Rules shall arrange and fix the calendar for each
daýs
business for the last 35 days of each regular session of the General Assembly.
The Committee shall post the calendar as soon as practicable following the
setting of the calendar.
(b)
The Committee on Rules may refer any bill or resolution before it back to the
committee which has reported out such bill or resolution or to any other
committee selected by the Committee on Rules.
PART
2: COMMITTEE OFFICERS
2-2.1
Appointment of Chair, Vice-Chair and Secretary
The
Committee on Assignments shall appoint as officers a Chairman, a Vice-chairman,
and a Secretary for all standing committees and a Chairman of standing
subcommittees. The Committee on Assignments may remove a Senator from any
appointed Committee officer position at any time for any reason.
2-2.2
Chair, Vice-Chair; Vote
The
Chairman or the Senator presiding in the place of the Chairman shall not vote
unless the committee shall be equally divided or unless his or her vote if given
in the minority will make the division equal. In case the vote is equally
divided, the Chairman or the Senator acting in his or her place must vote.
2-2.3
Powers of the Chair
The
principal duties of the Chair of a committee are:
(i)
To call the committee to order at the time provided by these Rules;
(ii)
To preside over meetings of the committee and recognize members and
speakers;
(iii)
To preserve order and decorum and to have general control of the committee
room;
(iv)
To prepare or supervise the preparation of reports of the
committee;
(v)
To decide all questions of order.
2-2.4
Vice-Chaiŕs
Duties
A
Vice-Chairman may preside in the absence of the Chairman if the Chairman is
incapacitated and the Vice-Chairman is directed to preside by the Secretary of
the Senate or if he or she is directed by the Chairman to preside. The presiding
officer of the committee shall be recorded in the Committee Report.
PART
3: COMMITTEE MEMBERS
2-3.1
Membership
(a)
Each Senator shall be appointed to serve on four committees provided for in this
Rule. Membership on the Committee on Assignments or the Committee on
Administrative Affairs shall not count as one of the four committees. Membership
on the Committee on Ethics and the Committee on Reapportionment and
Redistricting shall not count as one of the four committees, except that the
Chairmen of these two committees shall count the committee as one of his or her
four committees.
(b)
After the public announcement of the standing committees and subcommittees, no
other Senators shall be placed thereon; except when Senators have been elected
to fill vacancies caused by death or resignation from the Senate.
(c)
Once a Senator is appointed to a standing committee, except for the Committee on
Rules, he or she shall not be removed from that committee during that term of
office to which he or she was most recently elected unless removed by the
Committee on Assignments pursuant to Rule 2-3.3. Members of the Committee on
Rules may be removed at any time for any reason by the Committee on
Assignments.
2-3.2
Ex-officio Members
(a)
In addition to the members otherwise provided for on any committee, the
Committee on Assignments may add one or more ex-officio members to any
committee. The limitations provided by Rules 2-1.3 and 2-3.1 shall not apply
with respect to such ex-officio memberships.
(b)
Ex-officio members may be removed from a standing committee at any time for any
reason by the Committee on Assignments.
2-3.3
Attendance
(a)
Every member of a committee shall be in attendance during each of its
meetings.
(b)
Failure to attend three (3) consecutive meetings, unless excused from attendance
in the Senate on those days as provided in these Rules or unless he or she has
filed a statement pursuant to Rule 2-1.7(f), shall be cause for removal from the
committee by the Committee on Assignments.
PART
4: COMMITTEE VOTING
2-4.1
Voting; Call for the Yeas and Nays
Upon
the call for the Yeas and Nays, if one-third of the committee members present
sustain the call, the roll call shall be taken and recorded.
2-4.2
Votes by Proxy and Abstentia Prohibited
No
member of any committee shall be allowed to vote by proxy. Members may not
abstain from voting unless the member or any member of the
Senatoŕs
immediate family has a direct pecuniary interest in the result of such vote
which interest is distinct, unique or peculiar to the Senator or the
Senatoŕs
immediate family.
PART
5: COMMITTEE MOTIONS AND PRECEDENCE
2-5.1
Motions; How Made
All
motions in standing committees shall receive a second before being put by the
presiding officer.
2-5.2
Motions; Do Pass; Do Not Pass; Effect
A
"do pass" motion that fails does not automatically give a "do not pass"
recommendation, nor does a "do not pass" motion which fails give an affirmative
recommendation.
2-5.3
Motions; Precedence
When
a bill or resolution is before the committee for consideration, the following
shall be the precedence of the motions:
1.
a motion that a bill do pass;
2.
a motion that a bill do not pass;
3.
a motion to postpone to a time certain;
4.
a motion to refer a bill to a subcommittee.
PART
6: COMMITTEE DECORUM AND DEBATE
2-6.1
Committee Testimony; Recording; Transcripts
Testimony
before the committee may be recorded at the discretion of the committee;
however, any additional paid personnel to take testimony must be approved by the
Committee on Senate Administrative Affairs. Transcription of any recorded
testimony shall be made or released only upon the written direction of the
committee or the Secretary of the Senate when the Senate is not in session.
2-6.2
Appeals
Appeals
from the ruling of the Committee Chairman shall be in order if seconded.
Procedure in committee following an appeal which has been properly seconded
shall be the same procedure followed in the Senate.
PART
7: COMMITTEE OF THE WHOLE
2-7.1 Process
2-7.1 Process
The
Senate may resolve itself into a Committee of the Whole by a majority of those
voting, provided that the total vote constitutes a quorum, on motion of a
member made for that purpose; provided, further, that notice of intention to
make such motion shall be given during the session of the preceding day.
Individual speeches on such motion shall be limited to three minutes. If such
notice shall not have been given, the motion shall prevail if it shall receive
the affirmative votes of two-thirds of those voting; provided that the
two-thirds shall constitute a majority of all the members elected to the Senate.
Provided, further, that whenever the Senate, by its own vote, shall commit any
bill or resolution to the Committee of the Whole, and, subsequently, a motion
shall be made to resolve the Senate into a Committee of the Whole to consider
such bill or resolution, and such motion shall be lost, the said motion shall
not be again renewed; but it shall be the duty of the President to require the
Secretary of the Senate to read the bill or resolution again at the following
day's session under the order of introduction of new matter or reading of bills
the first time, and to refer such bill or resolution to the appropriate
committee as directed by the President Pro Tempore, unless otherwise ordered by
the Senate.
2-7.2
Presiding Officer
In
forming a Committee of the Whole the President of the Senate shall leave the
Chair, and the President Pro Tempore or his or her designee shall
preside.
2-7.3
Quorum
The
Committee of the Whole shall not proceed with the business before it whenever a
vote on any question shall disclose the fact that no quorum of the Senate is
present. Whenever it is suggested that a quorum is not present, the President
Pro Tempore or his or her designee shall satisfy himself or herself of the fact
by actual count of the Committee and shall report the same to the Committee; and
the President Pro Tempore or his or her designee shall, on his or her own
motion, order that the Committee immediately rise, and he or she shall report
the fact of the absence of a quorum to the Senate.
2-7.4
Reading of Bills; Order of Debate
In
the Committee of the Whole, bills shall be first read throughout by the
Secretary of the Senate, and then again be read or debated by clauses, or
sections, leaving the preamble to be last considered, unless otherwise ordered.
2-7.5
Applicability of Senate Rules; Limitations; Powers
(a)
The Rules of the Senate shall be observed by the Committee of the Whole, so far
as they may be applicable, except that the Committee of the Whole cannot refer
a matter to any other committee; it cannot adjourn; the previous question cannot
be enforced; a motion to lay on the table or indefinitely postpone shall not be
in order; a member may speak as often as he or she may obtain the floor; no call
of the Senate shall be in order; and no votes shall be taken by yeas and nays.
(b)
While in the Committee of the Whole, any papers in the possession of the Senate
may be called for by any member, and read by the Secretary of the Senate for the
information of the Committee, unless the Committee shall otherwise order.
(c)
During any meeting of the Committee of the Whole, the President Pro Tempore or
his or her designee shall have power to have the galleries or lobbies cleared in
case of any disorderly conduct therein.
(d)
A Committee of the Whole cannot punish disorderly conduct of its members, but
must report the same to the Senate for action thereon.
2-7.6
Voting Responsibilities of Members
In
the Committee of the Whole all members shall vote on all questions before the
Committee, unless excused.
2-7.7
Limits on Debate
If,
at any time in the Committee of the Whole, it shall be desired to close the
debate, or to limit the time to be allowed members for speaking, the Committee
may rise and report its desire to the Senate, and the Senate shall take such
action thereon as it may see fit, by a resolution. Said resolution shall apply
only to the subject matter before said Committee. When said resolution has been
agreed to or refused by the Senate, the action of the Senate shall be deemed the
sense of the Committee, and the Senate may then, on motion, again resolve itself
into a Committee of the Whole and continue the consideration of the subject.
2-7.8
Motion to Rise, Report Progress, and Ask Leave to Sit Again
(a)
In the event that a Committee of the Whole at any sitting, for want of time,
shall fail to complete any matter under consideration, it may, on motion, at any
time, rise, report progress, and have leave to sit again, generally, or at a day
certain.
(b)
A motion "that the Committee rise, report progress, and ask leave to sit again"
may be made at any time, when the Senator making such motion can legitimately
obtain the floor, and shall take precedence over all other motions, and shall be
decided without debate. When the motion prevails, the Committee shall
immediately rise. When the regular hour for adjournment of the Senate arrives,
the Committee shall automatically rise, and the President of the Senate shall
assume the Chair.
2-7.9
Report of a Committee of the Whole
(a)
When the Committee of the Whole has disposed of bills, resolutions, or other
measures before it, by motion and question, it shall arise, and the President
Pro Tempore or his or her designee shall be instructed to report the action of
the Committee to the Senate. At this point the President of the Senate shall
resume his or her seat, and the President Pro Tempore or his or her designee
shall return to the floor and shall state in substance as follows: "Mr.
President, the Committee of the Whole Senate has had under consideration (naming
what) and has instructed me, as its Chairman, to report the same back to the
Senate, with the recommendation that the same 'do pass,' 'do pass by
substitute,' or 'do pass as amended,' or 'do not pass,'" as the case may be.
(b)
The President shall receive this report and repeat the same, and the matter
shall then be before the Senate for action, just as though reported by any other
committee.
2-7.10
Amendments by a Committee of the Whole
(a)
Amendments offered to an amendment in the Committee of the Whole shall not be
reported to the Senate, but the report shall contain only the result of the
Committee's action on the bill, resolution, or measure under its consideration.
(b)
Amendments proposed by the Committee of the Whole may be amended or rejected by
the Senate, and matters stricken out by the Committee may be restored by the
Senate.
2-7.11
Recording of Proceedings
The
proceedings of the Committee of the Whole shall not be recorded in the Journal
of the Senate, except so far as reported to the Senate by the Chairman of said
Committee.
PART
8: COMMITTEE OF CONFERENCE
2-8.1
Membership
Whenever
any member moves that a Committee of Conference be appointed, on disagreeing
votes or other matters of the two Houses, and said motion prevails, the
Committee on Assignments shall appoint three (3) members for the Committee, who
voted in the majority on the position assumed by the Senate, if such vote has
been had.
2-8.2
Powers
The
Committee of Conference may consider the whole subject matter embraced in a
bill, resolution, or other matter before it, and may recommend recision by
either House, new amendments, new bills and resolutions, or other germane
changes, unless instructed otherwise by the Senate on motion, before the members
of the Committee of Conference are appointed.
2-8.3
Reports; Approval; Distribution; Time of Consideration
(a)
A report of a Committee of Conference must be approved by a majority vote of the
entire membership of the Committee before the report may be transmitted to
either the Senate or the House.
(b)
All Committee of Conference reports shall be printed and distributed to the
Senators one hour prior to consideration of the same, except that after the
thirty-ninth (39th) day of any regular session the same may be dispensed with by
a two-thirds (2/3) vote of all the members elected to the Senate.
2-8.4
Time Limit; Discharge; Appointment of New Members
After
a Committee of Conference has been in existence for five (5) days and has failed
to make a report to the Senate on the question under consideration, the Senate,
on motion and by a majority vote of all members elected to the Senate, may
discharge the Senate conferees and appoint new conferees, instruct said Senate
conferees, or make any other motion not contrary to the Rules of the Senate.
Provided, that during the last five (5) days of the session, the above motions
may be made and passed at any time, but not more often than every twenty-four
hours.
2-8.5
Germaneness of Reports
The
President, upon point of order being made, shall report the decision of the
Parliamentarian stating that in his or her opinion a Conference Committee report
is not germane to the original bill or resolution, and such Conference Committee
report shall be ruled out of order. The effect of such ruling of the
Parliamentarian, if not appealed from or if appealed from and the appeal not
sustained, shall be the same as a vote of the Senate to reject, and as such the
Secretary shall so report it to the House. Such point of order shall take
precedence over a motion to adopt.
2-8.6
Final Passage
Any
Conference Committee report must be adopted by the vote required to pass the
bill, resolution, or matter under consideration.
SECTION
THREE
BILLS, RESOLUTIONS, AND CONFIRMATIONS
BILLS, RESOLUTIONS, AND CONFIRMATIONS
PART
1: GENERAL BILLS AND RESOLUTIONS
3-1.1
Form of Bills
(a)
All bills and resolutions shall have the name of the Senator or Senators
introducing the same, as well as the district or districts represented, endorsed
in ink on the bill back of the bill. There shall also appear on the back of the
bill, the title or a brief summary thereof.
(b)
No bill shall pass which refers to more than one subject matter or contains
matter different from what is expressed in the title thereof. (Ga. Const., art.
III, sec. V, par. III.)
(c)
No law, or section of the Code shall be amended or repealed by mere reference to
its title or to the number of the section of the Code; but the amending or
repealing Act shall distinctly describe the law or Code Section to be amended or
repealed as well as the alteration to be made. (Ga. Const., art. III, sec. V,
par. IV.)
3-1.2
Introduction of Bills
(a)
No bill or resolution requiring the concurring vote of the House for passage
shall be introduced unless the same shall have been filed in the office of the
Secretary before 4:00 p.m. on the previous day.
(b)
No general bill or resolution, including any House bill or resolution, having
the effect of law shall be introduced or read the first time and referred to any
committee after the thirty-third (33rd) day of any regular session. The
provisions of this paragraph shall in no case be suspended except by a
two-thirds (2/3) vote of the members to which the Senate is
entitled.
(c)
All bills for raising revenue, or appropriating money, shall originate in the
House of Representatives. (Ga. Const., art. III, sec. V, par. II.)
(d)
All resolutions which may appropriate money out of any funds shall be treated in
all respects, in the manner of introduction and procedure, as bills; they shall
originate in the House of Representatives, and shall receive three readings
previous to their passage, but the Senate may propose or concur in amendments.
(e)
To introduce a bill or resolution, a member shall file an original and one copy
with the Secretary of the Senate. All original and duplicate bills and
resolutions shall show an "01" and "02" respectively stamped in red on the back
side of the last page.
3-1.3
Distribution of Bills
The
Secretary of the Senate shall, as soon as possible after any bill or resolution
is filed in his or her office, print for distribution and release a copy thereof
to the internet. Whenever any such bill or resolution of general application
shall be reported back by the committee to which it was referred with the
recommendation that it do pass as amended, the Secretary of the Senate shall
print for distribution and release a copy thereof to the internet. No bill or
resolution of general application shall be placed for passage unless copies of
the same and any committee amendments shall have been printed and placed in each
Senatoŕs
calendar book prior to consideration for passage. The Senate may at any time by
the vote of a majority of those voting, provided the total vote constitutes a
quorum, suspend action upon any pending bill or resolution of general
application until all amendments offered on the floor of the Senate shall have
been printed and distributed to the Senators.
3-1.4
Fiscal Notes
(a)
Any general bill having a significant impact on the anticipated revenue or
expenditure level of any state agency, authority, board, council, committee,
bureau, or commission must be introduced no later than the twentieth day of the
session. The sponsor of such legislation must request a fiscal note from the
Office of Planning and Budget and the Department of Audits and Accounts by
November 1. Members-elect must request a fiscal note by December 1. (O.C.G.A.
28-5-42)
(b)
Failure to request a fiscal note by November 1 or December 1 will preclude
consideration by the Senate unless the committee to which a bill is assigned
determines, on a specific motion, for waiver, that the bill has a significant
impact, waives the November 1 or December 1 deadline, requests a fiscal note
from the director of the Office of Planning and Budget and the state auditor and
the chair of the committee suggests a preferred order of completion to guide the
director of the Office of Planning and Budget. (O.C.G.A. 28-5-42)
(c)
If any bill having a significant fiscal impact is introduced after the twentieth
day, it shall not be considered or acted upon by the Senate. The President of
the Senate shall decide whether a bill which is introduced falls within this
category. (O.C.G.A. 28-5-42)
(d)
Fiscal notes shall include a reliable estimate in dollars of the anticipated
change in revenue or expenditures under the provisions of the bill. It shall
also include a statement as to the immediate effect and, if determinable, the
long-range effect of the measure. The fiscal note shall not express opinion
relative to the merits of the measure, but may identify technical or mechanical
defects. (O.C.G.A. 28-5-42)
(e)
No substitute or amendment to any bill shall be offered which changes the
version of the bill on which the most recent fiscal note was submitted until a
new fiscal note covering the provisions of the substitute or amendment is
supplied to the Secretary of the Senate and made available to all members.
(f)
No bill shall be put upon its passage, nor shall any House amendment, House
substitute or Conference Committee report to a bill, if said Conference
Committee report changes the bill from its version as passed by the Senate, be
adopted, until an adequate fiscal note covering the bill, or covering the House
amendment, House substitute or Conference Committee report is supplied to the
Secretary of the Senate and made available to all members.
(g)
The provisions of this rule that are not in conflict with the Georgia Fiscal
Note Act may be suspended by a two-third's vote of the members elected to the
Senate by a roll-call vote.
3-1.5
Receipt of House Bills on the 33rd day
When
a general bill or resolution is received from the House during a period when the
Senate is in recess on the thirty-third (33rd) day of a regular session, the
bill or resolution may be read and referred to a standing committee by the
President Pro Tempore during such period of recess. The Secretary of the Senate
shall maintain a public listing of all bills so read and referred. Any Senator
who desires to move to engross any such bill or resolution must serve written
notice of his or her intention to do so by delivering such written notice to the
Secretary before midnight of that thirty-third (33rd)day. When notice is so
given, further proceedings on a motion to engross shall be as provided in Rule
6-9.1(b), except as otherwise provided in this rule.
3-1.6
Possession of Bills
(a)
The original of any bill or resolution shall be for the exclusive use of the
Senate and the committee to which it is assigned and shall be the official bill
or resolution of the Senate, and shall not be subject to any other use. The
duplicate of any bill shall be retained by the Secretary of the Senate, subject
to use for information.
(b)
The engrossed copies of all bills and of all resolutions intended to have the
effect of law passed by either house of the General Assembly shall be preserved
by the Secretary of the Senate and the Clerk of the House of Representatives and
deposited in the office of the Secretary of State. The enrolled copies of all
bills and of all resolutions intended to have the effect of law, which, when
signed by the Governor, become enrolled Acts, shall be deposited in the office
of the Secretary of State. The Secretary of State shall provide for the
publication of such Acts. (O.C.G.A. 28-1-11)
(c)
No Committee or Senator shall amend a bill, resolution, or other paper by
writing on or defacing the paper, but shall report any amendment recommended, on
a separate paper, noting the section, page, or line to which said amendment
relates.
3-1.7
Withdrawal of Bills
Any
bill or resolution may be withdrawn by the primary author at any stage thereof
by consent of the Senate by majority vote.
3-1.8
Failed Bills; Prohibition Against Being Proposed Again
No
bill or resolution intended to have the effect of law which shall have been
rejected by either house shall again be proposed during the same regular or
special session under the same or any other title without the consent of
two-thirds of the house by which the same was rejected. (Ga. Const., art. III,
sec. V, par. XII.)
PART
2: LOCAL BILLS
3-2.1
Local Bills; General
(a)
The term "local bill" means any bill for which a notice of intention to
introduce a local bill has been advertised as provided for in Code Section
28-1-14, and every resolution intended to have the effect of local law. The term
"local bill" shall not include any bill listed in paragraphs (1) through (6) of
subsection (c) of Code Section 28-1-15, relating to population bills.
(b)
No local bill shall become law unless notice of the intention to introduce such
bill shall have been advertised in the newspaper in which the sheriff's
advertisements for the locality affected are published one time before the bill
is introduced. Such advertisement must be not more than 60 days prior to the
convening date of the session at which the bill is introduced. After the
advertisement has been published the bill may be introduced at any time during
that session unless the advertisement is published during the session, in which
event the bill may not be introduced before Monday of the calendar week
following the week in which the advertisement is published. A copy of the notice
as it was advertised and an affidavit stating that the notice has been published
as provided by this Code section shall be attached to the bill and shall become
a part of the bill. Such affidavit shall be made by the author of the bill.
(O.C.G.A. 28-1-14)
(c)
Upon the favorable report of the Committee on State and Local Government
Operations, the bill shall be placed on a Local Consent Calendar, but not before
the second day after introduction.
3-2.2
Approval by Local Delegation
(a)
In order for local legislation to be favorably reported by the State and Local
Governmental Operations Committee, such legislation must be signed by a majority
of the Senators representing the political subdivision affected by such
legislation. If an even number of Senators representing multi-member political
subdivisions are equally divided on any local bill or resolution, the
legislation may be considered by the State and Local Governmental Operations
Committee on its merits, and the committee may report the legislation to the
Senate with the recommendation that it "do pass" or "do not pass."
(b)
For the purpose of determining which Senator or Senators represent a political
subdivision, the Senator's district must include all or a portion of the
geographical area of the political subdivision affected by the local
legislation. Annexation bills shall be assumed to affect other municipalities
and the county in which they are located. If an annexation bill affects more
than one senatorial district, the bill must be signed by the Senate delegation
representing all the affected counties and municipalities.
(c)
Approval of local legislation shall be evidenced by a Senator's signature and
senatorial district in the designated place on the legislation. Once a bill has
been signed the signature is permanent and cannot be removed; however, any
Senator retains the right to object under the provisions of Senate Rule
4-2.9.
PART
THREE: CONFIRMATIONS
3-3.1
Confirmations; Procedure
(a)
Upon receiving nominations by the Governor that require Senate confirmation, the
President Pro Tempore shall immediately refer such nominations to the Committee
on Rules and shall instruct the Secretary of the Senate to notify the Senate
that such nominations have been received. However, no nominations may be
considered by the Senate until the expiration of seventy-two (72) hours after
receipt thereof by the President Pro Tempore, or until the expiration of
forty-eight (48) hours after being referred to the committee. The Secretary of
the Senate shall make such nominations available for review by any Senator. The
Chair of the Committee on Rules shall cause such nomination or nominations to be
considered by the Committee within a reasonable period of time after receiving
the nomination or nominations. The Chair of the Rules Committee shall then
report the
Committeés
recommendations to the full Senate.
(b)
Rule 3-3.1 may be suspended by a majority vote of the Senate during the last ten
(10) days of the session.
(c)
Upon the request of the Rules Committee, any nominee must furnish to the Senate
a resume of all business transactions that he or she has had with the State of
Georgia during the period of the two years before the appointment.
SECTION
FOUR
ORDER OF BUSINESS AND CALENDAR
ORDER OF BUSINESS AND CALENDAR
PART
1: CALENDAR AND SCHEDULE
4-1.1
Sessions of the Senate
The
Senate and the House of Representatives shall organize each odd-numbered year
and shall be a different General Assembly for each two-year period. The Senate
shall meet in regular session on the second Monday in January of each year and
may continue in session for no longer than 40 days in the aggregate each year.
The Senate shall convene daily at 10:00 A.M. unless otherwise ordered by the
Senate. The Senate shall meet at the state capitol. (Ga. Const., art. 3, sec. 4,
par. 1; O.C.G.A. 28-1-2)
4-1.2
Adjournment of Both Houses
(a)
Neither house shall adjourn during a regular session for more than three days or
meet in any place other than the state capitol without the consent of the other.
Following the fifth day of a special session, either house may adjourn not more
than twice for a period not to exceed seven days for each such adjournment. In
the event either house, after the thirtieth day of any session, adopts a
resolution to adjourn for a specified period of time and such resolution and any
amendments thereto are not adopted by both houses by the end of the legislative
day on which adjournment was called for in such resolution, the Governor may
adjourn both houses for a period of time not to exceed ten days. (Ga. Const.,
art. III, sec. IV, par. I(b).)
(b)
By concurrent resolution, the General Assembly may adjourn any regular session
to such later date as it may fix for reconvening. Separate periods of
adjournment may be fixed by one or more such concurrent resolutions.
(c)
If an impeachment trial is pending at the end of any session, the House shall
adjourn and the Senate shall remain in session until such trial is completed.
(Ga. Const., art. III, sec. IV, par. I(a), (c).)
PART
2: Order of Business
4-2.1
Daily Order of Business
- Report of the Committee on the Journal.
- Reading of the Journal.
- Motions to Reconsider.
- Confirmation of the Journal.
- Introduction of Bills and Resolutions.
- First Reading and Reference of Senate Bills and Resolutions.
- First Reading and Reference of House Bills and Resolutions, which shall also be in order at any later time when no other business is pending.
- Reports of Standing Committees.
- Second Reading of General Bills and Resolutions.
- Call of the Roll.
- Recitation of the Pledge of Allegiance.
- Prayer of the Chaplain.
- Unanimous Consents.
- Points of Personal Privilege.
- Adoption
of Privileged Resolutions.
- Motions to withdraw bills or resolutions from one committee and commit to another committee.
- Passage of Local Uncontested Bills and Resolutions.
- Consideration of Local Contested Bills and Resolutions.
- General Consent Calendar for Commemorative Resolutions.
- Motions to Engross.
- Third
Reading and Consideration of General Bills and Resolutions.
4-2.2
Reports of the Committee on Rules; Messages
(a)
The report of the Committee on Rules shall be in order at any time, and messages
from the Governor or from the House may be received under any order of business.
Messages may be received at any time while the door is open, except while a
question is being put or a ballot or a voice vote is being taken.
(b)
When a message is sent to the Senate, it shall be respectfully communicated in
any written form to the Chair and all Senators by the Secretary of the Senate.
4-2.3
Reading of the Journal
(a)
It shall be the duty of the Chairman of the Committee on Rules or his or her
designee to read the Journal of each day's proceedings, and report to the Senate
that the same is correct before the Journal is read by the Secretary.
(b)
The reading of the Journal shall not be dispensed with, except by a vote of a
majority of the members voting or by unanimous consent.
4-2.4
Reading of Bills and Joint Resolutions
(a)
The title of every general bill and of every resolution intended to have the
effect of general law or to amend this Constitution or to propose a new
Constitution shall be read three times and on three separate days in each house
before such bill or resolution shall be voted upon; and the third reading of
such bill and resolution shall be in their entirety when ordered by the
presiding officer or by a majority of the members voting on such question in
either house. (Ga. Const., art. III, sec. V, par. VII)
(b)
Before reading any bill or resolution the second or third time, the Secretary of
the Senate shall distinctly state its number and the name of the Senator(s) by
whom introduced. Provided, that the General Appropriations Bill shall have
precedence on third reading over all other matters, even Special Orders, until
final disposition of the said Bill.
(c)
The General Assembly may provide by law for the procedure for considering local
legislation. The title of every local bill and every resolution intended to have
the effect of local law shall be read at least once before such bill or
resolution shall be voted upon; and no such bill or resolution shall be voted
upon prior to the second day following the day of introduction. (Ga. Const.,
art. III, sec. V, par. VIII)
4-2.5
Reference of Bills
(a)
Upon the introduction of any bill or resolution or other matter, requiring
reference to a committee, the President, shall as a matter of course and without
debate, report the reference of the bill to the proper committee as directed by
the President Pro Tempore.
(b)
Upon the introduction of local legislation, the number, authors, and title to
each local bill or resolution shall be read, and the President of the Senate
shall report the reference of the bill, at the direction of the President Pro
Tempore, to the standing Committee on State and Local Governmental Operations.
4-2.6
Order for Second (2nd) Reading; Second Reading After the 35th Day
Any
general bill or resolution shall be automatically passed to a second reading on
the legislative day following the day the bill or resolution is reported by the
committee to which it was referred. Except that after the thirty-fifth (35th)
day of any regular session, every bill and resolution shall be read a second
time on the same legislative day that the bill or resolution is reported by the
committee to which it was referred. No debate shall be admitted upon any bill at
the first or second reading.
4-2.7
Roll Call
(a)
The electronic roll call system shall be used to call the roll of the Senators,
who shall use the Yea switch to signify their presence.
(b)
The roll call at the opening of each session of the Senate shall not be
dispensed with, except by a majority vote of the Senators voting or by unanimous
consent.
4-2.8
General Consent Calendar for Commemorative Resolutions
(a)
All general commemorative resolutions shall be placed on a General Consent
Calendar for Commemorative Resolutions. As used in this rule, the term
"commemorative resolutions" means all resolutions that name or rename roads,
streets, highways, parks, bodies of water, bridges, institutions, buildings,
structures, and any other geographic landmark within one senatorial district. If
the proposal involves naming or renaming such geographic landmark that extends
beyond one senatorial district, the resolution is not appropriate for this
calendar.
(b)
The General Consent Calendar for Commemorative Resolutions must be placed on
each Senator's desk at the time of the third reading and shall be read a third
time by title and then put to the Senate for a vote on the electronic roll-call
system as a group at the time provided in the order of business; and the
question shall be whether all resolutions of the General Consent Calendar for
Commemorative Resolutions shall pass.
(c)
Before the time the General Consent Calendar for Commemorative Resolutions is
put to a vote, if a member of the Senate objects in writing to the inclusion of
any bill on the General Consent Calendar for Commemorative Resolutions, the
general resolution on which the objection is made shall then be placed at the
bottom of the calendar of bills of general application then in order for a third
reading.
4-2.9
Local Consent Calendar
(a)
All local bills on the Local Consent Calendar, which must be placed on each
Senatoŕs
desk no less than one hour before the time of convening, shall be put to the
Senate for a vote on the electronic roll call system as a group at the time
provided in the order of business, and the question shall be whether all bills
on the Local Consent Calendar shall pass.
(b)
Before the time the Local Consent Calendar is put to a vote, if three members of
the Senate, one of whose district is directly affected, object (in writing on
forms furnished by the Secretary of the Senate) to the inclusion of any local
bill on the Local Consent Calendar, the local bill on which the objection is
made shall then be placed on the Calendar for "Local Contested Bills" which is
next in the order of business.
(c)
The number, authors, and title of each bill on the Local Contested Calendar
shall be read, considered and voted on as provided in the rules for general
legislation, except that the proponents and opponents shall each be limited to
ten (l0) minutes.
4-2.10
Third Reading and Consideration
(a)
All bills and resolutions shall be called in the order in which they appear on
the Rules calendar. On the days on which there is no Rules calendar, bills shall
be called in numerical order. No general Senate bill or resolution having the
effect of law shall be read the third time and put upon its passage or adoption
after the thirty-third (33rd)day of any regular session. No general House bill
or resolution having the effect of law shall be read the third time and put upon
its passage or adoption after the thirty-ninth (39th) day of any regular session
except that this prohibition shall not apply to a bill or resolution which was
laid on the table on the thirty-ninth (39th) day. The provisions of this
paragraph shall in no case be suspended except by a two-thirds' (2/3) vote of
the members to which the Senate is entitled.
(b)
The Committee on Rules shall arrange and fix the calendar for each day's
business for the last thirty-five (35) days of each regular session of the
General Assembly. Such calendar shall be a standing and continuing special order
during said period. No matter shall be taken up or acted on otherwise than in
the order and manner fixed by such calendar, except by a three-fourths vote of
those voting, provided such three-fourths constitutes a majority of the members
elected to the Senate. This rule may not be suspended by a two-thirds vote of
the Senate.
(c)
All bills and resolutions shall be called in the order in which they appear on
the Rules calendar. The President shall not recognize any Senator at any time
for the purpose of asking unanimous consent to place any general bill out of its
regular order. Neither shall he or she recognize any request for unanimous
consent for the introduction of new matter, to read any bill or resolution the
second time, or to place any local bill or resolution on its passage. The
President shall entertain but one unanimous consent at one time.
4-2.11
Bills Placed on Desk; Calendar Changes
No
General bill or resolution shall be put for final passage unless the same has
been put on a calendar and placed on each Senator's desk no less than one hour
prior to the time of convening on the date of passage. The Secretary of the
Senate shall put all bills which appear on the prepared calendar and which may
be considered that day in order on the
Senatorś
desks. The calendar can be changed by a vote of two-thirds of the Senators
voting, provided such two-thirds constitutes a majority of the members elected
to the Senate. Nothing in this Rule shall apply to local bills or local
resolutions.
4-2.12
Reference to More Than One Committee; Effect
When
a bill or a resolution has been referred to and reported by more than one
committee or has been reported by and then committed to the same committee, the
last committee report shall be acted on by the Senate; and in all cases the
report of the Committee of the Whole shall be first acted on by the Senate.
4-2.13
Disagreement with Committee Report on Third Reading
When
a bill or resolution, favorably reported by a committee is on its third, or last
reading, if the report of the committee is disagreed to by the Senate, the bill
or resolution shall be lost, unless the action of the Senate in disagreeing to
the committee report is reconsidered within the proper time.
4-2.14
Transmittal to the House
No
bill or resolution shall be transmitted to the House on the day of passage
thereof unless two-thirds of the Senators voting, provided the total vote
constitutes a quorum, shall so order. Provided, during the last three
legislative days of any regular session, any bill, resolution or other matter
which requires action by the House shall be immediately transmitted to the House
by the Secretary of the Senate. The Secretary shall also immediately transmit
Senate Bills and Resolutions requiring House action on the thirty-third (33rd)
legislative day after any notice to reconsider is disposed of.
4-2.15
Fixed Hour of Adjournment
Whenever
the hour of adjournment, as fixed by a prior resolution, shall arrive while the
electronic vote of the Senate is being taken, the session shall continue until
the vote is announced. If said fixed hour of adjournment shall arrive while the
Senate is acting on the main question, after a motion for the previous question
has been sustained, and before the voting machine is unlocked, the Senate shall
stand adjourned by virtue of said prior resolution.
SECTION
FIVE
VOTING
VOTING
5-1.1
Votes Required for Passage
(a)
No bill shall become law unless it shall receive a majority of the votes of all
the members to which each house is entitled, and such vote shall so appear on
the Journal of each house. (Ga. Const., art. III, sec. V, par. V.)
(b)
In the event no specific vote is provided in these Rules for the passage of any
Senate amendment, motion or procedural matters and on all other matters not
otherwise provided for in these Rules, the vote for passage or adoption thereof
shall be a majority of those voting, provided the total vote constitutes a
quorum.
(c)
As to all resolutions not otherwise provided for in these Rules, the vote for
adoption shall be by a majority of the votes of all the members to which the
Senate is entitled.
5-1.2
Quorum
(a)
A majority of the members to which the Senate is entitled shall constitute a
quorum to transact business. A smaller number may adjourn from day to day and
compel the presence of its absent members. (Ga. Const., art. III, sec. IV, par.
III.)
