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RULES OF THE GEORGIA STATE SENATE
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2004 SESSION
Adopted: January 13, 2003 No amendments in 2004
ORGANIZATION.
Rule .1. 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.
Rule 1. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.
(Oa. ~onst., art. III, sec. I, par. I.)
Rule 2, The Senate and the House of Representatives shall be organized by the Secretary of the Senate or the Clerk of the House of Representatives who shall be 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 shall be governed, as far as practicable, by the standing rules of the house over which he presides. In the absence of such officer, his assistant may officiate. In the absence of both, the body may appoint a chairman whose powers and duties shall be the same as those of the Secretary or Clerk.
(O.C.G.A. 28-1-3)
Rule 3. There shall be EJ. 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 ofthis Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided by law.
(Ga. Const., art. V, sec. I, par. III.)
Rule 4. (a) The presiding officer of the Senate shall be styled the President of the Senate.
(b) A President Pro Tempore shllll be elected by the Senate from among its members. The President Pro Tempore shall act as President in case of the temporary disability ofthe President. In case ofthe death, resignation, or permanent disability ofthe President or in the event of th~ succession of the President to the executive power, the President Pro Tempore shall become President 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.)
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Rule 5. 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)
Rule 6. The other officers of the two houses shall be a Secretary of the Senate and a Clerk of the House of Representatives.
(Ga. Const., art. III, sec. III. par. III.)
Rule 7. Not more than twelve (12) Doorkeepers shall be employed during each day in which the Senate is in session.
Rule 8. (a) Senators elected to the following offices shall choose their Senate seats in the order listed be}ow:
President Pro Tempore Majority Leader Minority Leader All Senators who have more than 20 years of continuous service in the Senate shall be seated in the order in which their names appear on the list established for selecting offices. Administration Floor Leader Majority Whip Minority Whip One Assistant Administration Floor Leader Chairman of the Rules Committee
All other Senators shall be seated by district number in ascending numerical order commencing with the lowest permanently numbered available seat.
(b) 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.
Rule 9. In addition to any other oath prescribed by law, each Senator and Representative, 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 ofthe 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. :Z8-1-4a.)
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Rule 10. The oath of office prescribed by subsection (a) ofthis Code section 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 br~ch.
Rule 11. There shall be a Secretary of the Senate and a Clerk of the House of
Representatives. elected by the members ofeach House respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected.
(O.C.G.A. 28-3-20)
Rule 12. The Secretary of the Senate and the Clerk of the House of
Representatives, before entering on the discharge oftheir duties, shall take an oath before the respective presiding officers of the two houses to discharge their duties faithfully and to the best oftheir skill and knowledge. Said oath should be entered in the journals ofthe respective houses.
(O.C.G.A. 28-3-25)
Rule 13. Immediately after their election, the Secretary of the Senate and the
Clerk of the House of Representatives shall each give bond and security in the sum of
$5,000, payable to the Governor and his successors in office, and conditioned for the
faithful discharge oftheir respective duties. The bonds shall be approved by the President of the Senate and Speaker of the House respectively.
(O.C.G.A. 28-3-21)
Rule 14. The Senate is entitled to a sergeant at arms who shall perform such
duties as may be required of him, who shall be elected by the Senate, and who shall be compensated as provided by resolution of the Senate.
(O.C.G.A. 28-3-1)
Rule 15. 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, to introduce messengers and visitors, 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.
Rule 16. (a) No person shall be employed as a page who is under the age of
twelve years. Each Senator shall be allowed to name no more than ten pages to be paid
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by the Senate during any regular session. In addition to the ten pages named, each Sem:itor may name ten honorary pages during the session; the honq~ary pages must be paid by tllat Senator in the same amount as that received by pages pajQ by the Sen(\te. The President
shall be allowed to name for each day ofany regular session such number ofpages as may
be detennined by the President. There shall be no more than thirty (30) pages per day, except that pages named by the President shall not count against this limit. Each Senator desiring to name a page for any particular day of the session shall file with the Director of Pages the name of each person he wishes to have serve as his page and the date of proposed service. Such notice shall be filed at least three days prior to the date the proposed page desires to serve. The Director ofPages shall select the 30 pages who shall serve on each day ofthe session in the order in which such notices are filed. Each Senator can assign his pages or page days to another Senator. There shall be no pages except as herein provided.
(b) The Rules Committee, subject to the approval ofthe President, shall establish a program of familiarization with State Government, its procedures and those duties and responsibilities which will be required of pages. The Director of Pages shall require each page to attend a training session prior to his service as a page during which the page will become acquainted with his duties and responsibilities.
Rule 17, (a) No person shall be allowed to enter upon the floor of the Senate except (1) the Senators and officers thereof, (2) the officers and members of the House, (3) the Governor of the State. {4) staff members of the Secretary ofthe Senate, Clerk of the House, and the Office of Legislative Counsel, (5) former Senators, except those registered as lobbyists or who are presently employed by the State, (6) staff members of the Office ofthe Lieutenant Governor, the Senate Research Office, the Senate Infonnation Office, and the Senate Photographer, and (7) such others as the Senate may allow upon written recommendation of the Rules Committee.
As provided for in Rule 17, the Senate Rules Committee recommends to the Senate the following;
1. Any Senator may bring a person in the rear alcove (between the main door and the rail) of the Senate Chamber for a period of not more than five minutes if the Senator remains with him during that time. Aides and staff shall not loiter in this area.
2. From 8 A.M. until adjournment each day, Senators and the staff of the President Pro Tempore QUO'. shall be allowed in the North Lobby of the Chamber.
3. Spouses and families of Senators may be seated in the left front (facing the rostrum) of the Senate Chamber in chajrs provided for them.
4. While the Senate is in ses&ion, there shall be no more than two (2) photographers on the Chamber floor at any one time. They shall not block the aisles, be seated, or impede the vision ofany Senator at any time or remain on the Senate floor when not taking pictures. No additional lights or flash bulbs shall ever be allowed in the Chamber when the Senate is in session, nor shall any tripods be allowed except in the
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press area in the re~r of the Chamber.
5. No one except a member of the General Assembly shall ever sit in a Senator's seat when the Senate is in session.
6. Secretaries and aides provided for in SR 3 (housekeeping), and the Aide to the Administration Floor Leader shall be admitted on the floor ofthe Senate for the purpose ofdelivering and receiving communications from Senators. They shall not take dictation, block the aisles, be seated nor loiter in the Senate Chamber. They shall communicate only with the Senator for whom they work or with whom they have official business and shall not carry on a conversation with any other person.
7. Each Senator may select an aide (not paid by the Senate) by designating in writing his or her name to the Secretary of the Senate; this aide shall not be changed during the session except by permission of the Rules Committee. No intern may be designated as an aide by a Senator. The aide provided for in this paragraph shall be issued a beige badge, but shall not come on the floor ofthe Senate while the Senate is in session.
8. One Intern shall be stationed in the rear of the Senate Chamber for the convenience of the Senators. The rotation of the Interns shall be the duty of the Intern Coordinator.
(b) On the final or third reading and consideration ofany bill appropriating money, the Senate may, by invitation of the Chairman of the Standing Committee on Appropriations or by the vote of a majority of those voting, provided the total vote constitutes a quorum, allow persons on the floor of the Senate for the purpose of explaining or answering any questions concerning the bill.
(c) No person shall be admitted on the floor of the Senate who is engaged in lobbying or who is attempting to influence legislation.
(d) No person or group ahall be introduced or allowed to address the Senate after the thirtieth (30th) legislative day of a regular session. At any time during a regular session the presiding officer may introduce any mQmber of the Georgia Congressional Delegation or any other person ofnational prominence. During the first fifteen (15) days of any regular session individuals or groups may be introduced and allowed to address the Senate only upon the written recommendation of a majority of the Decorum Committee. The Decorum Committee shall be composed of the President Pro Tempore, who shall be Chairman, the Majority Leader, the Minority Leader, the Majority Whip, and the Chairman of the Rules Committee. During the sixteenth (16th) through the thirtieth (30th) legislative days ofany regular session, individuals or groups may be introduced and allowed to address the Senate only after a sponsoring Senator has secured a three-fourths' affirmative vote of the members of the Rules Committee assembled in a scheduled meeting.
(e) While the Senate is in session, representatives ofthe press, radio and television shall be allowed on the floor of the Senate only in the area in the rear of the Chamber
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designated for them. 6
PRESIDENT'S POWER AND DUTIES.
Rule 18. When the Presic:tent Pro Tempore or any other Senator is presiding, he shall not vote unless the Senate shall be equally divided, or unless his 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 vote so cast shall be counted the same as that of any other member.
Rule 19. All questions as to priority of business to be acted on shall be decided by the President of the Senate, with the concurrence of the President Pro Tempore, without debate unless otherwise provided for in these Rules.
Rule 20. When two or more Senators shall rise at the same time, the President shall name the Senator entitled to proceed; provided, however, the President shall recognize the President Pro Tempore, the Majority Leader, and the Minority _Leader, in that order of precedence, should any of them rise to speak, prior to recognizing any other Senator.
Rule 21. The President shall, in his discretion. suspend irrelevant debate and command silence whenever he may deem it necessary.
Rule 22. The President may at any time order the roll called on any question, and take the vote by Yeas and Nays, where a division of the Senate discloses the fact that a quorum has not voted.
Rule 23. (a) The Presid.ent of the Senate may, during a day's session, name the President Pro Tempore or the designee ofthe President Pro Tempore to perfonn the duties of the Chair during any part of that day, but no longer.
(b) In addition to any other provisions in these Rules, the President Pro Tempore, with the agreement of the President of the Senate in the President of the Senate's sole discretion, shall perform the duties of the Chair during the Third Reading and Consideration of General Bills and Resolutions for any bill or resolution: .
(1) Placed on the Rules Calendar after having been reported by the Appropriations Committee or the Reapportionment and Redistricting Committee; or
(2) Whose primary sponsor is the Administration Floor Leader.
Rule 24. Whenever from any cause the President of the Senate shall be absent, the President Pro Tempore shall preside. If both shal! be absent, the Secretary of the Senate shall call the Senate to order and shall preside until the election of an acting President Pro Tempore, which said election shall be the first business of the Senate. The acting President Pro Tempore thus elected shall preside until the return of one of the first named officers, when his or her functions shall cease.
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Rule 25. (a) 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.
(b) The Committee on Assignments shall be composed of the President Pro Tempore as Chairman, the President of the Senate, and the Majority Leader. Actions of this committee shall be reported to the Senate by the President Pro Tempore as necessary. The meetings of this committee shall not be required to be open to the public. This committee shall not be subject to the requirements of Senate Rule 187.
Rule 26. The President shall have power to cause the galleries and lobbies ofthe
Senate cleared by the Sergeant at Arms in case of disturbance or disorderly conduct therein, and to cause any person or persons so offending to be arrested and brought before the bar of the Senate, to be dealt with for contempt of the Senate.
Rule 27. The President shall have power to suspend the Sergeant at Arms for
misconduct or neglect of duty. He shall report any such suspension to the Senate within twenty-four hours thereafter for such action as the Senate may see fit to take.
GENERAL BUSINESS AND ORDER OF BUSINESS.
Rule 28. The following shall be the order of business:
1. Report of the Committee on the Journal. 2. Reading of the Journal. 3. Motions to Reconsider. 4. Confirmation of the Journal. 5. Introduction of Bills and Resolutions. 6. First Reading and Reference of Senate Bills and Resolutions. 7. First Reading anq Reference of House Bills and Resolutions, which
shall also be in order at any later time when no other business is pending.
8. Reports of Standing Committees. 9. Second Reading of General Bills and Resolutions. 10. Call of the Roll. 11. Recitation of the Pledge of Allegiance. 12. Prayer of the Chaplain. 13. Unanimous Consents and Points of Personal Privilege. 14. Adoption of Privileged Resolutions. 15. Motions to withdraw bills or resolutions from one committee and commit to
another committee. 16. Passage of Local Uncontested Bills and Resolutions. 17. Consideration of Local Contested Bills and Resolutions. 18. General Consent Calendar for Population Bills. 19. General Consent Calendar for Commemorative Resolutions. 20. Motions to Engross. 21. Third Reading and Consideration of General Bills and Resolutions.
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Rule 29. It shall be the duty of the Subcommittee on Enrolling and Journals 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.
Rule 30. The Committee on Rules shall arrange and fix the calendar for each day's
business for the last 30 days of each regular session of the General Assembly. Such calendar shall be a standing and ~ontinuing special order during said period. No matter shall be taken up or acte4 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.
Rule 31. No General bill or resolution shall be put on final passage unless the same
has been put on a calendar and placed on each Senator's desk not later than 7:00 A.M. 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 Senators' desks and in a separate file from other House and Senate bills and resolutions. Matters in possession ofthe Senate, but not eligible for consideration on a particular date, shall also be kept in order and also on the Senators' desks, unless the Senator requests that they be omitted. 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.
Rule 32. Every motion or request to take up general bills or resolutions out of
their regular order and every motion or request for special orders shall be decided by a two-thirds (2/3) vote of the members to which the Senate is entitled.
Rule 33. Any request for unanimous consent to suspend the Rules or motion to
change the order of business shall be decided without debate.
Rule 34. The rules of the Senate shall in no case be suspended or changed, or the
order ofbusiness changed except by two-thirds ofthe members voting, ifsuch two-thirds constitutes a majority of the members elected to the Senate.
Rule 35. (a) 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.
(b) 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.
Rule 36. 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.
Rule 37. 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 viva voce vote is being taken.
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Rule 38. (a) When a message shall be sent to the Senate, it shall be announced at the door of the Senate by the Sergeant at Anus and be respectfully communicated to the Chair by the person through whpm it may be sent.
(b) A message shall be presented to the Senate by the President when received, or afterwards, according to its nature and the business on which the Senate is engaged, or its consideration may, on motion, be ordered by the Senate.
Rule 39. Questions of privileges shall be, first, those affecting the rights of the Senate collectively, its safety, dignity, and the integrity of its proceedings; second, the right, reputation, and conduct of Senators individually, in their representative capacity only. Questions of privilege shall have precedence over all other questions. Provided, that when any matter is pending before the Senate, no question ofpersonal privilege shall be acted on until the pending question is disposed of.
Rule 40, Any motion not privileged, containing new matters, shall lie at least one day on the table.
Rule 41. The meetings of the General Assembly shall beheld as prescribed in Art. III, Sec. IV, Par. I of the Constitution of Georgia. The Senate shall convene daily at] 0:00 A.M. unless otherwise ordered by the Senate. The House shall convene daily at 10:00 A.M. unless otherwise ordered by the House. The General Assembly shall meet at the state capitol.
(O.C.G.A. 28-1-2)
Rule 42. The session of the Senate each day, except Sunday, shall commence at I0:00 A.M., unless otherwise ordered by the Senate, and shall continue until the Senate shall be adjourned upon motion.
Rule 43. Each House may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of a contempt by any disorderly behavior in its presence or who shall rescue or attempt to rescue any person arrested by order of either House.
(Ga. Const., art. III, sec. IV, par. VIII.)
Rule 44. Any member presenting a petition, memorial, or remonstrance shall, as
concisely as practicable, intimate the n!:Ulle and object of the petitioner, memorialist, or
remonstrant, which shall be noted on the Journal, and the paper may then be referred
without reading.
Rule 45. (a) When the reading of any paper is called for, and the reading is objected to by any Senator, whether the paper shall be read shall be determined by a vote of the Senate, without debate.
(b) However, during the consideration of any bill appropriating money, any paper or document directly concerning the bill may be read by the Secretary, any Senator, or any person invited to give evidence under the provisions of Senate Rule 17.
QUORUM AND ABSENTEES.
Rule 46. A majority of the members to which each house 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.)
Rule 47. (a) The power to compel the attendance of Senators, in order to keep or secure a quorum, shall be vested in the President, and to this end he may have the doors of the Senate closed. When the doors are so closed, no Senator shall be allowed to retire from the Senate without first obtaining leave from the Senate.
(b) The Sergeant at Arms of the Senate on order of the President may arrest any absentees and bring them before the Senate when necessary to secure a quorum as aforesaid.
Rule 48. Whenever the result ofa vote taken shall disclose the fact that no quorum of the Senate is present, or when the President shall officially state the fact to the Senate, it shall be in order for any Senator to make a motion for a call of the Senate. When such motion is made, the President shall state the question as follows: "Shall the motion for the call of the Senate prevail?" and if five of the Senators present shall vote in the affirmative, the President shall order the Secretary to call the roll of Senators, and the absentees shall be noted. The doors shall then be closed, after which the names of the absentees shall again be called. Those who do not appear, and who are absent without leave, may, by order of the majority of the Senators present, be sent for and arrested wherever they maybe found by officers to be appointed by the Sergeant at Arms for that purpose, and their attendance secured, and the Senate shall determine upon what conditions they shall be discharged.
Rule 49. Upon the call of the Senators, ordinary and extraordinary, the names of the absentees shall be noted by the Secretary, and shall appear upon the Journal with a notation of those previously excused.
DEBATE AND DECORUM.
Rule 50. (a) When any Senator is about to speak in debate or deliver any matter to the Senate, he shall rise from his seat and respectfully address himself to "Mr. President". The President shall not recognize any Senator unless he shall address himself to the Chair from his seat; provided, that the President shall not put a question or take any other action which would foreclose debate if any Senator, not at his seat, shall signify to the Chair that he wishes to be recognized, and shall immediately proceed to his seat for that purpose.
(b) Any Senator shall be confined to matter in debate and shall not speak more than twice on any subject or more than once until every member choosing to speak shall have spoken.
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(c) All individual speeches onbil'ls and resolutiens d\a11 be limited to thirty minutes unless extended by a majority of those voting, provided the total vote constitutes a quorum; and on all points ofpersonal privilege individtd speeches shall be limited to ten minutes.
(d) If any Senator, in speaking or otherwise, transgresses the Rules of the Senate, the President shall call him to order, in which case said Senator shall immediately sit down, unless permitted to explain. The Senate shall, if appealed to, decide whether to confirm the President's action. If the transgressor refuses to submit to the decision ofthe Senate, for the first offense he shall be reproved; for the second he shall be fined in a sum
not exceeding ten dollars; and ff he continues refractory, he may be expelled from the
Senate by a two-thirds vote ofthe Senators, which vote shall be taken by Yeas and Nays.
(e) When the Senate is in session, Senators shall conduct themselves at all times with dignity and in a manner to insure decorum in the deliberations ofthe body and shall be called to order by the President for activities to the contrary, including unnecessary conversation and inappropriate dress.
(t) There shall be no smoking, eating, use of cellular telephones, or reading of newspapers and other materials not pertinent to legislation in the Senate Chamber while the Senate is in session. While any Senate committee is meeting, there shall be no smoking, eating, use ofcellular telephones, or reading ofnewspapers in the meeting room.
(g) When a Senator is in a session of the Senate or a committee meeting, the Senator shall use his or her notebook computer only for legislative business, provided that this shall not prohibit the Senator from using the computer at such times for purposes of ordinary and necessary communications with his or her home and business office. Maintenance and repair of Senators' notebook computers shall not be conducted on the floor of the Senate while the Senate is in session.
Rule 51. Each House shall be the judge ofthe election, returns, and qualifications ofits members and shall have power to punish them for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the members ofthe house to which such member belongs.
(Ga. Const., art. III, sec. IV, par. VII.)
Rule 52. If any Senator shall be called to order for words spoken, the words excepted to shall be taken down in writing by the Secretary and read. The words excepted to shall then be admitted, denied, or explained by the Senator who spoke them. Thereupon the questions of order shall be decided and such other proceedings taken as the Senate may deem proper in regard thereto. Provided, that if, at the time, the Senate is acting under the previous question, such question oforder, and other proceedings referred to, shall not be taken up for decision until after the previous question and the main question have been disposed of, or until such future time as may then be ordered by the Senate. But no Senator shall be held to answer or be subject to the censure ofthe Senate for words spoken in debate if any other Senator has spoken, or other business has intervened before the exception to the words was taken.
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Rule 53. No Senator shall address the Senate, or interrogate a Senator who is speaking, except through the President. Should the Senator speaking decline to be interrupted, the President shall cause the Senator desiring to interrogate to be silent.
Rule 54. No Senator shall refer in debate to any private conversation had with another Senator.
Rule 55. The Senators in speaking shall avoid calling other Senators by name when they may have occasion to take notice Qftheir observations, but may designate them by their position on the floor or by the district they represent.
Rule 56. The members of both Houses shall be free from arrest during sessions ofthe General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace. No member shall be liable to answer in any other place for anything spoken in either house or in any committee meeting of either house.
(Ga. Const., art. III, sec. IV, par. IX.)
Rule 57. The members qfthe Senate shal~ refrain from private conversation and preserve silence until a speaking Senator has taken his seat.
Rule 58. No person shall pass between the Chair and a Senator while he is speaking. At the time of adjournment no Senator shall leave his seat until the President retires.
PROTEST AND APPEAL.
Rule 59. All appeals from the decisions ofthe Chair shall be made immediately. The President Pro Tempore shall be the Senate Parliamentarian (and in his or her absence it shall be the Secretary of the Senate) who shall concur with or overturn the decision of the chair. A motion of appeal of the decision of the President Pro Tempore or the Secretary of the Senate s~all be decided immediately by a vote of the majority of the members to which the Senate is entitled.
Rule 60. On all appeals on questions of order of a personal character there shall be no debate.
Rule 61. Any Senator may have entered on the Journal a protest in writing against the action of the Senate. Said protest shall clearly and succinctly set forth the grounds of such protest. It shall not impugn the motive of the Senate or of any members thereof.
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MOTIONS. Rule 62. When any subject is before the ~ for co~ideration, o~ u debate, no motion shall be received except the foffowiirg, to-wit:
1st. A motion to adjourn. 2nd. A motion to lay on the table. 3rd. A motion for the previous question. 4th. A motion to adjourn to a time definite. 5th. A motion to indefinitely postpone.
a 6th. A motion to postpone to day certain.
7th. A motion to commit. 8th. A motion to amend. 9th. A motion to print.
Said motions shall have precedence in the order named.
Rule 63. After a motion is stated by the President, or read by the Secretary, it shall be deemed to be in the possession of the Sena,te, but may be withdrawn by unanimous consent at any time before decision.
Rule 64. (a) A motion made by any Senator.need not be seconded.
(b) Upon a motion by any Senator, a Special Order or a Special Order Resolution
may be taken up by the Senate at any time following the conclusion of the current
business before the Senate.
Rule 65. No Senator may make more than one motion at a time. While the motion is being put to the Senate he must resume his seat, and he is not entitled to the floor again unless recognized aijain by the President.
Rule 66. No Senator shall, after debating any questidn, and before yielding the floor, be allowed to submit any motion, the effect of which shall be to prevent further debate.
Rule 67. No Senator shall be allowed to address himself to any question, and then move to table the bill, resolution, or motion, or move the previous question thereon, without relinquishing the floor.
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ADJOURNMENT.
Rule 68. A motion to adjourn may be made at anytime when the movant can legitimately obtain the floor.
Rule 69. A motion to adjourn may be made after the motion for the previous question has been sustained. But when the Senate has voted that the "main question shall be now put", no motion to adjourn is in order, nor shall any motion to adjourn be in order after the Secretary has called the first name of the Yeas and Nays, and a vote of one Senator has been given, or after the electronic roll call system is unlocked for voting, or after a division of the Senate has been had on a vote anq the vote is in process of being counted and announced.
Rule 70. A motion to adjourn is in no instance debatable, nor shall said motion be made a second time until further progress has been made in the business before the Senate. A motion to adjourn in its simple form shall not be amended.
Rule 71. A motion to adjourn to a particular day, if made when the Senate is not actually engaged in other business, is debatable, and is amendable as to the day or time proposed.
Rule 72. When a motion to adjourn in its simple form prevails, it adjourns the Senate to the next sitting day or time in course.
Rule 73. Whenever the hour of adjournment, as fixed by a prior resolution, shall arrive while the vote of the Senate is being taken by Yeas and Nays, the session shall continue until the final vote is taken and 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 vote on the main question is being taken, either by a division or by the Yeas and Nays, as aforesaid, the Senate shall stand adjourned by virtue of said prior resolution,
Rule 74. 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 ofa 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 &ny 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. l(b).)
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Rule 75. (a) The Senate and Hoose of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. 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.
(b) 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).)
TABLING.
Rule 76. A motion to lay on the table may be made after the motion for the previous question has been sustained; but, when the Senate has voted that the "main question shall be now put", no motion to lay on the table is in order.
Rule 77. (a) Nothing may be legitimately laid on the table excepting what may be taken up again.
(b) A motion to lay on the table shall not itselfbe subject to being laid on the table.
Rule 78. No motion to lay an amendment on the table shall be in order.
Rule 79. Neither the motion to lay on the table nor the motion to take from the table is debatable or amendable.
Rule 80. A motion to lay on the table or to take from the table may be renewed from time to time when new business has intervened.
Rule 81. (a) If the motion to lay on the table prevails, it removes from the
consideration ofthe Senate the measure, together with all the amendments attached to it at the time it is so removed.
(b) When the proposition is taken from the table, it stands before the Senate in the exact form, with all the amendments pertaining to it, that it did at the time the motion to lay on the table prevailed.
(c) Any bill or resolution taken from the table shall take its place at the foot of the calendar of bills then in order for a third reading.
Rule 82. A majority ofa quorum voting may take from the table at any time when the Senate is not engaged on aI}Y other measure, any bill, resolution, or paper which has been ordered to lie on the table.
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INDEFINITE POSTPONEMENT.
Rule 83. While the motion to indefinitely postpone takes precedence over a motion to postpone to a day certain, or to commit or to amend, yet this motion cannot be applied to said motions, nor can it be applied to incidental questions, such as questions of order, reading of papers, withdrawal of a motion, and suspension of a rule.
Rule 84. The motion to indefinitely postpone lays open the whole question for debate, but the motion cannot be amended.
Rule 85. No motion to indefinitely postpone shall be renewed on any bill, resolution, or other measure after the same has once been voted down.
Rule 86. When a bill, resolution, or other measure is under consideration on the final reading thereof, a motion to indefinitely postpone, if decided in the affirmative by a majority ofthose voting, provided the total vote constitutes a quorum, thereby disposes of said bill, resolution, or other measure.
POSTPONEMENT.
Rule 87. A motion to postpone to a day certain cannot be applied to subordinate or incidental questions, but only to the whole measure. It is amendable by substituting one day for another. If a day proposed is known to be beyond the limits of the session, the motion shall be treated as one to indefinitely postpone.
Rule 88. (a) On a motion to postpone a question to a day certain it is not in order to debate the merits of the question. Debate may be allowed, but it shall be confined strictly to the proposition to postpone and to show why one day is preferred to another. This motion cannot be renewed or made a second time to the same measure on the same day.
(b) No motion shall be in order to postpone a bill or resolution on the daily or rules calendar until the bill or resolutipn has been read a third time.
(c) Any bill or resolution postponed to a day certain shall take its place at the bottom of the Calendar under which the Senate is operating on the day to which it was postponed; except that after the tenth day of any regular session, a bill or resolution postponed for the second time &hall be placed on the General Calendar for the day to which it was postponed.
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COMMITMENT.
Rule 89. (a) Motions to commit may be made to refer a bill, resolution, or other measure to a standing or special committee, or Committee of the Whole Senate.
(b) No motion shall be in order to commit a bill or resolution on the General or rules calendar until the bill or resolution has been read a third time.
Rule 90. A motion to commit to a standing committee takes precedence over a
motion to commit to a special committee, and shall be first voted on. Ifa motion is made
that a bill, resolution, or other measure be committed to the Committee of the Whole Senate, this motion shall be put before either of the above named motions.
Rule 91. (a) On a motion simply to commit to a committee or to withdraw a bill or resolution from one committee and commit to another, the movant shall be allowed three (3) minutes to explain his motion and one Senator shall be allowed three (3) minutes to oppose the motion. However, where instructions are added, the merits ofthe question may be debated.
(b) No motion to withdraw a bill or resolution from one committee and commit to another shall be in order except at the time provided for in order ofbusiness (Rule 28 No. 15).
Rule 92. A motion to commit may be amended by adding instructions, or by substituting another committee for the one named by the Senator making the motion.
Rule 93. Any proposition that has been referred to any committee, either standing or special, may, on motion, be committed to the same or any other committee by a majority of those voting, provided the total vote constitutes a quorum.
RECONSIDERATION.
Rule 94, (a) When the Journal ofthe preceding day shall be read, it shall be in the power ofany Senator to move (or reconsideration ofany matter therein contained, except such matter that has been previously reconsidered or transmitted to the House of Representatives.
(b) Before any action can be reconsidered, notice of intention to so move must be given to the Senate during the legislative day on which the action sought to be reconsidered took place. The notice cannot be withdrawn and any Senator can move for reconsideration the following legislative day.
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(c) 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. 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.
(d) A notice of motion to reconsider a bill or resolution shall take precedence over a motion to transmit and shall have the effect of defeating the motion to transmit; except on the thirty-third (33rd) day and during the last three (3) days of any regular session, a Senator must give notice immediately of his or her intention to move to reconsider, and the President Pro Tempore or the designee of the President Pro Tempore shall set a time during the day when the motion will be entertained, so stating the time to the Senate; the time shall be at the discretion of the President Pro Tempore or the designee of the President Pro Tempore, but not less than ten minutes. If the Senate is considering any other business at the time the motion to reconsider has been set to be entertained, the motion will be taken up upon conclusion of that business.
Rule 95. The action of the Senate upon an amendment may be reconsidered at any time before final action upon the section, bill, or resolution to which it relates.
Rule 96. No matter shall be reconsidered more than once. A motion to reconsider shall not itself be subject to reconsideration.
Rule 97. All bills and resolutions reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading; however, during the last thirty (30) legislative days of each session, a reconsidered bill or resolution which was passed or adopted shall take its place at the foot of the Rules Calendar, and a reconsidered bill or resolution which was defeated shall be placed on the General Calendar.
ENACTMENT.
Rule 98. The President shall not recognize any Senator at any time for the purpose of asking unanimous consent to place any general bill on its passage out of its regular order. Neither shall he 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.
Rule 99. Any bill or resolution may be withdrawn at any stage thereof by consent of the Senate.
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Rule 100. The engrossed.copies ofall bills and of@11 resolutions intended to have the effect oflaw passed by either house ofthe General Assembly shall be preserved by the Secretary ofthe Senate and the Clerk ofthe Bouse ofRepres~ntatives and deposited in th~ office of the Secretary of State.. The enrolled copies of all bills and of all resolutions intended to have the effect oflaw, which, when signed by the Governor, become enrolled Acts, shall be deposited in the office ofthe Secretary ofState. The Secretary ofState shall provide for the publication of such Acts.
Rule 101. All Acts and resolutions shall be signed by the President and Secretary and all writs, warrants, and subpoenas issued by order ofthe Senate shall be signed by the President and attested by the Secretary.
Rule 102. 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.)
Rule 103. Each House shall keep and publish after its adjournment a journal of its proceedings. The original journals shall be the sole, official records ofthe proceedings of each house and shall be preserved as provided by law. The General Assembly shall provide for the publication of the laws passed at each session.
(Ga. Const., art. III, sec. V, par. I.)
Rule 104. No bill or resolution intended to have the effect oflaw which shall have been rejected by either ho4se 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.)
INTRODUCTION AND READING.
Rule 105. (a) No bill or resolution requiring the concurring vote ofthe House for passage shall be introduced unless the same shall have been filed in the office of the Secretary before 12:00 noon on the previous day.
(b) No general 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 ofany 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) 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 co!Ilmittee by the Committee on Assignments during such period of recess. The Secretary of the Senate shall maintain during such
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period ofrecess 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 106A, except as otherwise provided in this rule.
Rule 106. (a) To introduce a bill or resolution a member shall file an original and one copy with the Secretary. All original bills and resolutions shall be typed or printed, but the copy may be duplicated.
(b) 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 black ink on the back. There shall also appear on the back, the title or a brief summary thereof.
(c) The copy shall be retained by the Secretary, subject to use for information; but the original 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 ofthe Senate, and shall not be subject to any other use.
Rule 106A. A motion to engross a bill or resolution may be made only at the time and in the manner prescribed in this rule and not at any other time or in any other manner. When the bill or measure is read for the first time, any member may orally serve notice that he or she intends to move to engros~ such measure. When such notice is served, the presiding officer shall suspend assignment ofsuch measure to committee until the motion is disposed of as provided in this rule. When such notice has been served, any member may at the proper time make a motion to engross the measure. The proper time for such motion shall be immediately before the commencement of the third reading and consideration of general bills and resolutions. When a motion to engross is made, the motion shall be debatable. No bill or resolution shall be engrossed except upon the affirmative vote of a majority of the members to which the Senate is entitled. In case of engrossment of a measure, the entry thereof shall be made by the Secretary, and the measure shall not be amended or changed in any manner thereafter. When the motion to engross has been disposed of, or if no motion is made at the proper time after service of notice, the presiding officer shaJl then proceed to refer the measure to the proper committee.
Rule 107. 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.)
Rule 108. 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.)
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Rule 109. 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 sheriffs advertisements for the locality affected are published onetime 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. Aft~r 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 ofthe bill. Such affidavit shall be made by the author of the bill.
(O.C.G.A. 28-1-14.)
Rule 110, The Secretary shall, as soon as possible after any bill or resolution of general application is filed in his office, cause the same to be printed and a copy thereof distributed to each member forthwith. 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 shall cause the recommended amendments to be printed and copies thereof distributed to each member. No bill or resolution of general application shall be placed on its passage unless copies ofthe same and any committee amendments shall have been printed and distributed to each Senator prior to consideration for passage. The Senate may at aq.y 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 thereto on the floor of the Senate shall have been printed and distributed to the Senators.
Rule 111. (a) All bills anq resolutions shall be called in the numerical order in which they stand on the calencurr. 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 oflaw 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) Before reading any bill or resolution the second or third time, the Secretary shall distinctly state its number and the name of the Senator 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) All general bills using classification by population as a means of determining the applicability of any bill to any political subdivision. groups of political subdivisions
or standard metropolitan statistical areas shall pe placed on a Consent Calendar for
general population bills. This calendar must be placed on each Senator's desk by or before the time of the second readina and on the next legislative day shall be put to the Senate
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for a vote on the electronic roll call system as a group at the time provided in the order of business (Senate Rule No. 28, Item 18); and the question shall be whether all bills on the General Consent Calendar for Population shall pass.
(d) Before the time the General Consent Calendar is put to a vote, ifthree members of the Senate, one of whose district is directly affected, object (in writing on fonns furnished by the Secretary) to the inclusion of any bill on the General Consent Calend~, the bill on which the objection is made shall be placed at the top of the calendar of bills then in order for a third reading.
(e) All general commemqrative resolutions shall be placed on a General Consent Calendar for Commemorative Resolutions. As used in this rule, the tenn "commemorative resolutions" means all resolutions that name or rename roads, streets, highways, parks, bodies ofwater, 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.
(f) 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 ofbusiness (Senate Rule No. 28, Item 19); and the question shall be whether all resolutions of the General Consent Calendar for Commemorative Resolutions shall pass.
(g) Before the time the General Consent Calendar for Commemorative Resolutions is put to a vote, if a member of the Senate objects (in writing on fonns furnished by the Secretary) 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 then in order for a third reading.
Rule 112. 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)
Rule 113. (a) 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)
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(b) As used in this Rule (113{b)), the ;tenn "locall !bit1'11 means any bill for which a notice of intention to introduce a local bill has been ruive,rtised as provided for in Code Section 28-1-14, (Senate Rule l09), and every resohrti@l!l imended to have the effect of
local law. The term "local bill" shall not include any biM tisted in paragraphs (1) through (6) of subsection (c) of Code Section 28-1-15, relating to population bills.
(c) Upon its introduction, the number, authors, and title to each local bill or resolution shall be read, and the pill shall be referred to the standing Committee on State and Local Governmental Operations. Upon the favorable report of the committee to which the local bill was referred, the bill shall be placed on a Local Consent Calendar, but not before the second day after introduction.
(d) All local bills on the Local Consent Calendar, which must be placed on each Senator's desk at least 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 (Senate Rule 28, No.16), and the question shall be whether all bills on the Local Consent Calendar shall pass.
(e) 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) 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 ofbusiness (Senate Rule
28, No. 17).
(f) The number, authors, and title ofeach 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 (10) minutes.
Rule 114. Any General bill or resolution shall be automatically passed to a second reading on the legislative day following that day the bill or resolution shall be 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 adtnitted upon any bill at the first or second reading.
USE OF COMMITTEES,
Rule 115. Upon the introduction ofany bill or resolution or other matter, requiring reference to a committee, the President <>f the Senate shall, with the concurrence of the
President Pro Tempore, or the President Pro Tempore's designee, as a matter ofcourse and
without debate refer the same to the proper committee. If the President Pro Tempore, or
the President Pro Tempore's designee, does not concur, and such disagreement is communicated to the Secretary ofthe Senate prior to the end of the same legislative day, the bill shall be sent to the Rules Committee for definitive referral to a committee.
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R1'1e 115A. A comm.ittee may act upon a bill, resolution, or other matter when the
Senate is in session or on a day on which the Senate is not in session 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 committee may not take official action after the adjournment sine die of a session and prior to the conveniJlg of the next session.
Rule 116. No Committee ofthe Whole or other committee shall deface or interline
a bill, resolution, or other paper referred to said committee, but shall report any amendment recommended, on a separate paper, noting the section, page, or line to which said amendment relates.
Rule 117. All reports of a committee shall be in writing, and the minority of a
committee may make a report in writing, setting forth succinctly the reasons for their dissent.
Rule 118. Ifthe report ofa committee is favorable to the passage ofa 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. If the report of a committee is adverse to the passage of a bill or resolution, in order to have a second reading thereof, or be placed on the Local Consent Calendar, a Senator must give notice of intention to move to disagree with such adverse committee report by not later than adjournment of the next legislative day following the unfavorable committee report. In such case the bill or resolution shall be placed on the calendar. The question shall be upon
agreeing to the report of the committee. If the report of the committee is agreed to, the bill or resolution shall be lost. If the report ofthe committee is disagreed to, the General
bill or resolution shall be passed to a second reading, and the Local bill or resolution shall be placed on the Local Consent Calendar.
Rule 119. 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 ofthe Senate in disagreeing to the committee report is reconsidered, within the proper time.
Rule 120, 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 Senate shall be first acted on by the Senate.
COMMITTEE OF THE WHOLE.
Rule 121. The Senate may resolve itself into a Committee of the Whole by a
majority ofthose 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
25
motion shall be given duting the session of the precedi~ 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 mi:tjofity ofall 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 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, unless otherwise ordered by the Senate.
Rule 122. In forming a Committee of the Whole the President ofthe Senate shall leave the Chair, and a Chairman to preside in Committee shall be appointed by the President of the Senate with the concurrence of the President Pro Tempore.
Rule 123. The Committee ofthe 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 Chairman of the Committee shall satisfy himself of the fact by actual count of the Committee, and shall report the same to the Committee; and the Chairman shall, an his own motion, order that the Committee immediately rise, and he shall report the fact of the absence of a quorum to the Senate.
Rule 124. Jn the Committee of the Whole, bills shall be first read throughout by the Secretary, and then again be read or debated by clauses, or sections, leaving the preamble to be last considered, unless otherwise ordered.
Rule 125. 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 may obtain the floor; no call of the Senate shall be in order; and no votes shall be taken by yeas and nays.
Rule 126. A. motion to reconsider shall be in order in the Committee of the Whole.
Rule 127. In the Committee of the Whole all members shall vote on all questions before the Committee, unless. e. xcused t.herefrom.
Rule 128. 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 for the information of the Committee, unless the Committee shall otherwise order.
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Rule 129, The Chairman ofthe Committee ofthe Whole shall have power to have the galleries or lobbies cleared in case of any dilmrderly conduct therein.
Rule 130. A Committee of the Whole cannot punish disorderly conduct of its members, but must report the same to the Senate for iwtion thereon.
Rule 131. 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 ri:solution shall apply only to the subject matter before said Committee. When said resolution has been agreed to or refused by the Senate, the action ofthe Senate shall be deemed the sense ofthe Committee, and the Senate may then, on motion, again resolve itself into a Committee of the Whole and continue the consideration of the subject.
Rule 132, In the event that a Counittee of the Whole at any sitting, for want of time, shall fail to complete any m,atter under consideration, it may, on motion, at any time, rise, report progress, an4 have leave to sit ag~n. generally, or at a day certain.
Rule 133. A motion "that the Committee rise, reJ>Qrt progress, d ask leave to sit
again" may be made at anytime. when the movmu thereofcam Jegitimat~ly obtain the floor,
and shall take precedence over all other motions, and shall be decided without debate. When the motion prevails, the Cpmmittee shall immediately rise. When the regular hour
for adjournment of the Senate arrives, the Committee ahall automatically rise, and the
President shall assume the Chair,
Rule 134. (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 Chairman shall be instructed to report the action ofthe Committee to the Senate, At this point the President shall resume his seat, and the Chairman shall return to the floor and shall state i 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 biwk to the Senate, with the recommt:;ndijtion that the same 'do pass' 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.
Rule 135, Amendments offered to an amendment in the Committee ofthe Whole shall not be reported to the Senate, but the report shall contain only the result of the
27
Committee's action on the bill, ~esoh.ition. or measure under its consideration.
Rule 136. 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.
Rule 137. The proceedings ofthe Committee of the Whole shall not be recorded in the Journal of the Sen~te, except so far as reported to the Senate by the Chairman of said Committee.
AMENDMENT.
Rule 138. (a) There are three ways in which a proposition may be amended, towit: 1st. By inserting or adding. 2nd. By striking out. 3rd. By striking out ~d inserting.
(b) An amendment is itself subject to be amenaod, in all three of the ways above
mentioned, but it is not permissible to iunend an amendment to an amendment.
(c) Any amendment to the amount of an appropriation in an appropriations bill must include both the "reduction" ~ "a4dition" so that the total expenditure for the entire bill shall be unchanged,
Rtlle 139, A 1nhstitute shall be tre&ted as ao amendment in these Rules unless it
is clearly indicl:lted otherwise. Provided, bowpver, for the purpose ofamending a Senate substitute, a substitute shall net be treated as an amendment.
Rule 140. All motions to amend any mitter before the Senate must be in writing. They must plainly and distinctly ~t forth the amendment 4esire4 and the part of~ bill
or resolution where said amendment shall be inserted or added.
Rule 141, Any irrelevilJlt amendment or amendment obviously offered for the purpose of delay shall be ruled out of order by the Parlimnentarian.
Rule 142, Where blanks occ}.U' in any propo11ition, they must be filled first before any motion is made to amend.
Rule 143. (a) When a bill or resolution is before the Senate for consideration, and amendments are pending thereto, and a substitute shall be offered for said bill or resolution, and an amendment shall be offered to said substitute, it shall be in order for the Senate to perfect first the original biU or resolution, and then perfect the substitute. The question before the Senate shall be on agreeing to the substitute as amended, if it be
28
amended; and, ifdecided in the affinnative, the question shall be:"Shall this bill pass'', or "resolution be adopted", as the case may be, "by substitute".
(b) However, when the Senate adopts a substitute to any bill or resolution other than one offered by the committee from which the bill was last reported, passage of the bill shall be suspended at that time. The bill shall then be placed at the top ofthe General Calendar of the next meeting d~y of the Senate, at which time the previously adopted substitute shall stand automl.ltically reconsidered and the substitute and the bill shall be before the Senate for consideration and passage. On and after the tenth (10th) legislative day of any regular session, the adopted substitute and bill shall be placed on the General Calendar, subject to being placed on the Rules Calendar by the Rules Committee. Any amendment offered by a Senator which contains more than three pages or is more than one~halfthe verbiage ofthe document which it amends (whichever is less) shall be treated as a substitute for the purposes of this subsection.
Rule 144. When a motion is made to amend by striking out a paragraph, any amendment offered to perfect the paragraph shall be put first before the question is put for striking it out. If a motion be made to strike out a part ofa bill or resolution, a motion to amend the part proposed to be stricken out shall have precedence.
Rule 145. No motion on a subject different from that under consideration shall be admitted under color of amendment.
Rule 146. On all questions, whether in committee or in the Senate, the first amendment, the most distant day, and the largest sum shall be first put.
Rule 147, The title ofa bill Of resolution shall not be considered or amended until the measure has been perfected.
Rule 148. (a) After referral of a bill, Md report thereof to the Senate, it may be amended before the report of the committee is agreed to by the Senate; but the amendments, if any, reported by the committee, shall be disposed of before any other amendment be considered, unless it be an amendment to a committee amendment.
(b) A substitute offered by a committee must be disposed of before any other substitute can be considered. No substitute can be offered to another substitute.
Rule 149. An amendment cannot be offered after the report of the committee to which the bill or resolution under consideration WftS referred has been agreed to by the Senate, unless said action of the Senate, in so agreeing to said report of said committee, shall first be reconsidered.
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Rule 150. When a motion is made to amend by striking out and inserting, the Secretary shall read ~e paragraph as it is, then the words to be stricken out, and finally the whole paragraph as it would be if amended.
Rule 151, When a proposition consisting of several sections or resolutions is on a final reading, and the Senate shall agree to a motion to consider the same by sections or paragraphs, the Secretary in r~ading the same shall pause at the end of each section or resolution; and the amendments thereto shall be offered as the several sections or resolutions are read. But the amendments offered by the committee to which said bill or resolution was referred shall be read by the Secretary without any motion being made. When a section or resolutipn sh@ll have been considered, it is not in order to recur an$! amend it, unless first reconsidered,
Rule 152, The questions which arise before the Senate respecting ,unendments by the House to a Senate bill or resolution are. in order of precedence:
1st. A motion to agree to the House amendment as 1Unended by the Senate.
2nd. A motion to agree to the House amendment.
3rd. A motion to disagree with the Hm~se amenqment.
4th. A motion to recede from the Senate's disagreement or amendment. 5th. A motion to insist on th" Senate's disagreement or amendment. 6th. A motion to adhere to the Senate's disagreement or amendment.
Rule 153, The President, upon point oforder being made, shall report the decision
of the Parliamentarian stating that in his or her opinion a House amendment to a Senate
bill is not gennane, and such amendment shall be ruled out of order. The effect of such ruling ofthe Parliamentarian, ifnot appealed from or ifappealed from and the appeal not sustained, shall be the same as a'vote ofthe Senate to disagree, and as such the Secretary shall so report it to the House. Such point oforder shall take precedence over a motion to agree.
Rule 154. When any bill or resolution which orlsinated in the Senate has been amended in the Hoqse, and is before the Senate for action 0,n the House amendment, one or more amendments may be offered in the Senate to the House amendment. A proposed Senate amendment to the House; amendment ma-y itself be subject to amendment, and in
this respect Rule 138 shall not apply.
Rule 155, A House am~ndment to a Senate bill or resolution must be adopted by
the vote required to pass the bill or resolution.
Rule 156. (a) 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 positionassumed by the Senate, ifsuch vote has been had.
(b) The Committee of Conference may consider the whole subject matter embraced in a bill, resolution, pr other matter before it, and may recommend recision by
30
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 Conference Committee are appointed.
(c) A report ofa 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.
(d) After a Committee ofConference 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 anytime, but not more often than every three (3) hours.
(e) All Conference Committee 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 maybe dispensed with by a two-thirds (2/3) vote of all the members elected to the Senate.
(f) 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 ifappealed 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.
(g) Any Conference Committee report must be adopted by the vote required to pass the bill, resolution, or matter under consideration.
PREVIOUS QUESTION.
Rule 157. The previous question may be called and ordered upon a single motion, or an amendment, or it may be made to embrace all authorized motions or amendments, and include the entire bill.
Rule 158. Any Senator may call for a division of the question on a subject in which the sense thereof will admit of it.
Rule 159. The Senator calling for a division must state what definite parts, and how many, he would have the question divided into. Each part ofthe divided proposition must be so distinct that iftaken away the remainder can stand by itselfas a consistent and entire unit.
Rule 160. (a) The motion for the previous question shall be decided without
31
debate, and shall take precedence over all other motions except motions to adjourn or to lay on the table. When it is mov~d, the first question shall be, "Shall the motion for the previous question be sustained?". If this be decided by a majority of those voting, provided the total vote constitutes a quorum, the motions to adjourn or to lay on the table, may still be made, but they must be made before the next question, to-wit: "Shall the main question be now put?" is decided in the affirmative. After said last question is affirmatively decided by amajority ofthose voting, provided that the total vote constitutes a quorum, said motions will be out of order, and the Senate cannot adjourn until the previous question is exhausted, the regular hour of adjournment arrives, or the Senate reconsiders its action.
(b) But no motion to reconsider the action of the Senate in ordering the main question shall be in order after the Secretary has called the first name on call ofthe Yeas and Nays, and the vote of any member has been given, or after the electronic roll call system is unlocked for votfng, or after a division ofthe Senate has been had on the vote, and the vote is in process ofbeing counu,=:d and announced; in such cases the roll call shall be completed, the vote counted; pnd the result finally annoimced.
Rule 161. (a) When the previous question has been ordered, the Senate shall then proceed to act on the main question without debate, except that before the main question is put, twenty minutes shall be allowed to close the debate to the committee, whose report of the bill or other measure is under consideration, If the report of the committee is adverse to the passage of the bill, or other measure, the introducer of the bill shall be allowed twenty minutes before the time allowed to the committee. The Chairman ofthe committee, or the introducer of the bill or other me~ure, may yield the floor to such Senators as he may indicate for the time, or any part of it, allowed under this Rule.
(b) In all cases where a minority report has been submitted on any matter, if the previous question is ordered, there shall be twenty minutes allowed to the member whose name is first signed to said minority report, or to such member or members as he may indicate, for the time so allowed1 or any part of it, before tlle twenty minutes allowed to the Chairman submitting the majority report.
Rule 162. A call of the Senate shidl not pe in order after the previous question is
ordered, unless it shall appear upon an actual count by the President that a quorum is not present.
Rule 163. All incidental questions of order arising after a motion is made for the previous question, and pencling such motion, shall be decided, whether on appeal or otherwise, without debate.
Rule 164. The effect of the order that the "main question be now put", is to bring the Senate to a vote on pending questions in the order in which they stood before it was moved.
Rule l6S. After the main question has been prdered, a motion to reconsider this action will, ifadopted, have the effect to repeal the ordering ofboth the main question and the previous question, and will leave the pending measure again open to debate and
32
amendment. The motion to reconsider the ordering of the main question can be made only once, and iflost, or ifthe main question is again subsequently ordered on the pending measure, no second motion to reconsider the ordering of the main question shall be entertained.
VOTING.
Rule 166. 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.)
Rule 167. (a) In the event no specific vote is provided in these Rules for the passage ofany 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.
(b) 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.
Rule 168. No Senator shall be permitted to cast his vote on any motion, resolution, amendment, bill, or other question, until the question is put to the Senate by the President by viva voce vote, or division of the Senate, or until after the roll call has begun. No Senator or person shall vote for or attempt to vote for another Senator on any question. Violation of this Rule shall be deemed to be disorderly behavior and subject to punishment as provided by the Constitution and Rules of the Senate. This Rule cannot be suspended by unanimous consent.
Rule 169. The President's method of stating the question on any motion shall be as follows: "All those who favor the motion shall rise, stand and be counted"; after a count is had by the Secretary, he shall call upon the Senators to "Reverse your position", and the President shall announce the result.
Rule 170, When less than a quorum vote on any subject under consideration by the Senate, the President may order the doors of the Senate to be closed and the roll of Senators called by the Secretary, or recorded on the electronic roll call system. If it is ascertained that a quorum is present, either by answering to their names or by their presence in the Senate, the refusal ofany Senator present to vote, unless excused, shall be deemed a contempt of the Senate.
Rule 171. On the final passage ofall bills and resolutions having the effect oflaw, the adoption ofall conferenee committee reports, or any action that would have the effect offinalizing the Senate's action on any general bill or resolution, there shall be a recorded
33
vote. Any Senator or the presiding officer may call for a division on any matter before
the Senate, and the presiding officer may order a roll call or any Senator may call for the
Yeas and Nays; if the call for the Yeas and Nays is susuutwd by five(5) of the members voting, the vote shall be taken by the Yeas Wld Nays and so entered on the Journal. A motion for the call of the Yeas a,nd Nays shall be decided without debate.
Rule 172. (a) In all instances where the Rules, statutes or Constitution provide for the Yeas and Nays or a roll call, the electronic roll call system shall be used except upon elections. The system shall be set so that it automatically locks and records the vote sixty (60) seconds after it is activated. When the presiding officer ascertains that the electronic roll call system is inoperative, he shall order the Secretary to call the roll viva voce Wld the votes recorded.
(b) The official roll call shall be printed by the electronic roll call system, and shall never in any way be altered or the votes recorded thereon changed.
(c) When the electronic roll call system is used, the voting procedure shall be: after the main question is put, the presiding officer shall state, ''The question is on (designating the matter to be voted upon), all in favor vote Yea. Md all opposed, Nay; the Secretary will unlock the machine''; after the machine is electronically locked and records the vote, he shall announce the vote and declare the results.
Rule 173, (a) On the call ofthe Yeas and Nayli, the Secretary shall read the names of the Senators after they have been called, and no Senator shall be permitted to change
his vote, unless be at that time declares that he voted under a mistake of the question.
When the electronic roll call system if! used, ihis Rule shall be inoperativ~.
(b) When the electronic roll call system is used, o verification of the roll call is required, but when the roll call is taken viva voce, it shall be verified unless suspended
by unanimous consent.
Rule 174. (a) A motion t~ excuse a Senator frqm voting must be made before the
Senate divides, or before the rol\ call ia commenced, and it shall be decided without debate, except that the Senator making the motion may briefly state the reason why, in his
opinion, it should prevail.
(b) All Senate Confere~" Committee memhers shall be excused from. voting during meetings of the Conference Committee. The excuse shall be entered in the Journal if the chairman notifies the Secretary of the actual time of the meeting before leaving and after returning to the Chamber.
Rule 175. (a) No Senator shall vote upon mtY question if the Senator or any member ofthe Senator's imme4iate family has a direct pecuniary interest in the result of such vote which interest is distinct, imique or peculiar to the Senator or the Senator's immediate family.
(b) In every case where the seat of a Senator is being contested, the sitting Senator and the contestant shall both retire from the Senate before the vote is taken.
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Rule 176. No pairing of members shall be recognized or allowed as an excuse for not voting.
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Rule 177, No member shall be permitted to explain his vote during a roll call; however, on all questions, except such as are not debatable, any Senator shall be permitted to explain his vote by reducing his explanation to writing in no more than two hundred-fifty (250) words. The writing shall not impugn the motives of any other Senator, and if filed with the Secretary before the confirmation of the Journal on the day next succeeding such vote, shall be entered on the Journal of that day.
Rufe 178. During a roll call on any question no debate shall be had.
Rule 179. The yeas and nays in each house shall be recorded and entered on the journal upon the passage or rejection of any bill or resolution appropriating money and whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution.
(Ga. Const., art. III, sec. V, par. VI.)
Rule 180. In either house, when ordered by the presiding officer or at the desire ofone-fifth ofthe members present or a lesser number ifso provided by the rules ofeither house, a roll-call vote on any que~tion shall be taken and shall be entered on the journal.
(Ga. Const., art. III, sec. V, par. VI.)
Rule 181. Whenever on any que~tion the Yeas and Nays shall have been ordered, the Secretary shall also enter on the Journal the names of those members not voting.
GOVERNOR'S ACTION.
Rule 182. (a) All bills and all resolutions which have been passed by the General Assembly intended to have the effect of law shall become law if the Governor approves or fails to veto the same within six days from the date any such bill or resolution is transmitted to the Governor unless the General Assembly adjourns sine die or adjourns for more than 40 days prior to the expiration of said six days. In the case of such adjournment sine die or of such adjournment for more than 40 days, the same shall become law if approved or not vetoed by the Governor within 40 days from the date of any such adjournment.
(b) During sessions ofthe Gen~rQ} Assembly or during any period ofadjournment of a session of the General Assembly, no bill or resolution shall be tnmsmitted to the Governor after passage except upon request ofthe Governor or upon order of two-thirds of the membership of each house. A local bill which is required by the Constitution to have a referendum election conducted before it shall become effective shall be transmitted immediately to the Governor w}len oruered by the presiding officer ofthe house wherein the bill shall have originated or upon order oftwo-thirds ofthe membership ofsuch house.
(c) The Governor shall. have the duty to transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within three days frpm the date of veto if the General Assembly is in session
36
on the date of transmission. If the General Assembly adjourns sine die or adjourns for more than 40 days, the Governor shall transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer ofthe house wherein it originated within 60 days of the date of such adjournment.
(d) During sessions of the General Assembly, any vetoed bill or resolution may upon receipt be immediately considered by the house wherein it originated for the
purpose of overriding the veto. If two-thirds of the members to which such house is
entitled vote to override the veto of the Governor, the same shall be immediately transmitted to the other house where it shall be immediately considered. Upon the vote to override the veto by two-thirds of the members to which such other house is entitled, such bill or resolution shall become law. All bills and resolutions vetoed during the last three days ofthe session and not considered for the purpose ofoverriding the veto and all bills and resolutions vetoed after the General Assembly has adjourned sine die may be considered at the next session ofthe General Assembly for the purpose of overriding the veto in the manner herein provided. Ifeither house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.
(e) The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided.
(Ga. Const., art. III, sec. V, par. Xlll.)
Rule 183, Except as otlierwi$e provided in this Constitution, before any bill or
resolution shall become law, the Governor shall have the right to review such bill or resolution intended to have the effect of law which has been passed by the General Assembly. The Governor may veto, approve, or take no action on any such bill or resolution. In the event the Governor vetoes any such bill or resolution, the General
Assembly may, by a two-thirds' vote, override such veto as provided in Article III of this
Constitution. (Ga. Const., art. V, sec. II, par. IV.)
Rule 184, No provision in this Constitution for a two-thirds' vote of both Houses
ofthe General Assembly shall be construed to waive the necessity for the signature ofthe Governor as in any other case, except in the case of the two-thirds' vote required to override the veto or to submit proposed constitutional amendments or a proposal for a new Constitution.
(Ga. Const., art. III, sec. V, par. XI.)
COMMITTEE ORGANIZATION AND FUNCTION.
Rule 18S, (a) The Committee on Assigrunents shall appoint the following standing
37
cQmmittees, which shall nQt .exceed the follpwil}8 ~ @f Senators each:
AGRICULTURE AND CONSUMER Af'FAlRS - 1 APPROPRIATIONS - 29 BANKING AND FINANCIAL INSTITUTIONS - 9 CHILDREN AND YOUTH .. S ECONOMIC DEVELOPMENT AND TOURJSM - 9 EDUCATION - 9 ETHICS - 12 FINANCE-9 HEALTH AND HUMAN SERVICES - 10 HIGHER EDUCATION - 7 INSURANCE AND LABOR - 11 INTERSTATE COOPERATION - 5 JUDICIARY - 11 NATURAL RESOURCES AND THE ENVIRONMENT - 13 PUBLIC SAFETY AND HOMELAND SECURITY,. 7 REAPPORTIONMENT AND REDISTRICTING .. 23 REGULATED INDUSTRIES AND UTJLITIES - 11 RETIREMENT - 7 RULES- 14 SCIENCE AND TECHNOLOGY ., ij SPECIAL JUDICIARY - lO STATE AND LOCAL GOVERNMENTAL OPERATIONS - 7 STATE INSTITUTIONS ANO PR.OPERTY - 13 TRANSPORTATION -10 VETERANS AND MILITJ\RY AFFAIRS- 8
(b) The above limitations shall not apply when the Committee on Assignments
appoints a Senator to committees if t~t Senator was duly elected in a special election.
(c) Each Senator shall be appointed to serve on four committees provided for in this Rule and no more; except that: (1) the President Pro Tempore and the Chairman of the Committee on Appropriations shall serve ex officio ~ voting members of the Committee on Economic Development and Tourism and such membership shall not count as one of the four committees; and (2) membership on the Committee on Reapportionment and Rediiitrlcting, membership an the Committee on Ethics, membership on the Committee on Assignments, ,md membership on the Committee on Interstate Cooperation (which is created by law) shml not count as one of the four committees.
(d) 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 of this rule with respect to numbers ofmembers ofcommittees and with respect to numbers of committees on which a member may serve shall not apply with respect to such ex officio memberships.
(e) The Committee on Assignments shall appoint a chairman, a vice chairman. and a secretary for all standing committees and a chairman of standing subcommittees.
38
(t) 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.
(g) Once a Senator is appointed to a standing committee, he or she shall never be removed therefrom during that term of office to which he or she was most recently elected, unless that Senator so requests.
(h) In addition to the standing committees created by this Rule, there shall be a
Committee on Senate Administrative Affairs composed ofthe President Pro Tempore, the
Majority Leader, the Secretary ofthe Senate, the Chairman of the Committee on Rules,
and three (3) members of the Senate appointed by the President Pro Tempore. This Committee shall have the responsibility of employing, supervising and setting the
compensation of all aides, secretaries and other personnel for the Senate, including the
Senate Research and Senate Infprmation offices. The Committee shall supervise the purchase and allotment of supplies for the Senate.
Rule 185A. Senate Committee on Ethics. (a} OPINIONS AND ADVICE. A Senator or staff member may request in writing the opinion or advice of the Committee on Ethics with regard to interpretation of this Rule. The Committee on Ethics shall expeditiously respond in writing to such request.
(b) INVESTIGATION. (l) Initiation: A complaint shall be initiated by the filing of a statement alleging a violation of this Rule with the Secretary of the Senate. A complaint may be brought only by any Senator or staff. 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 shall
promptly refer the complaint to the Chairman of the Committee on Ethics, who shall schedule a meeting ofthe Committee to investigate the complaint utilizing in-house staff and such outside counsel and investigators as the Committee deems necessary. The Committee shall promptly serve the named respondent with a copy of the complaint. Service of such complaint shall b~ by personal service or by certified mail, return receipt
requested. 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 ofthe 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. Any complaint brought by or before the Committee shall remain confidential until the Committee has determined that substantial cause exists that a violation occurred.
(2) Report and Procedures: Upon completion ofan investigation, a written report
detailing the findings will be prepared and presented to the Committee. Ifthe Committee
does not find that evidence exists to provide substantial cause to determine that a violation has occurred, it shall dismiss tl).e complaint with notice to the complaining party and the
39
respondent. If the Committee finds substantial cause to ddennine that a violation has occurred, the Committee may negotiate a settlement witi tl\e respondent or set the mauer for a hearing. Any settlement shall be a matter ofpublic rceord 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 ofmaterials which the Committee deems advisable and may administer oaths and affinnations. 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 i~ 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 hearin~. 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 and both the Committee and the respondent shall be entitled to rebuttal, Upon completion of such hearing, the Committee shall issue a report ofits findings and recommendations ofaction. The report and recommended action shall be a matter of public record and shall be filed with the Secretary of the Senate.
(3) Standard of Proof: The Committee must find "clear and convmcmg evidence" in order to conclude that a violatioll of these Rul@s has occ\UTed.
(c) SANCTIONS AND PENAJ.,TIES. The Committee having found a Senator in violation of these Rules may recommend a sanction or penalty, including a letter of reprimand, to the Senate, Nothing contained herein shall limit the Senate from
independently initiating action agPi~t a Senator pms'Ulllt to Rule St. In the case ofSenate
staff, the Committee may issue a letter of reprimand, a copy of which, along with recommendations, which may include dismissal, shall be promptly sent to the Committee on Administrative Affairs for review and action. Nothing herein shall be construed to limit the authority ofthe Committee on Administrative Affairs to independently deal with matters pertaining to Senate staff, pa.rt ur full time, Ifthe Committee's investigation finds evidence ofcriminal violation, it will refer the matter to the appropriate law enforcemeijt agency for further action. Sanctions and penalties shall be subject to Rule 51.
(d) STANDARDS OF CONDUCT. (1) Senators and Senate staff shall refrain
from using government positions to attain personal financial gain.
(2) Senators and staff shidl not use public re~oUTQe11 or personnel services for the purpose of conducting personal or private business activity. It is understood that public duty and service may require the Seoiitors and staff to be away from their homes, businesses, associates, and business interests, Nothing herein is intended to limit ordinary and necessary communication~ which Senators and sWT must conduct while serving in their public capacities.
(3) Senators shall not seek, l;\Ccept, use, allocate, grant, or award public funds for any purpose other than as approv~d by law,
(4) No Senator or staff shall solicit a campaign contribution in a state office building. Senators shall not op~rate political campaigns or operate political fund raising
40
campaigns from state office buildings which have not been leased or rented for such purposes.
(5) 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.
(6) Senators and staffshall avoid financial conflicts ofinterest 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 which impede official public responsibility are those financial interests or interests arising from close econqmic 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.
(7) 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.
(8) 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 ofacceptance 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 Committee.
(8.1) (A) As used in this paragraph, the term "lobbyist" means any person registered or required to be registered as a lobbyist by Code Section 21-5-71.
(B) No Senator shall accept any lodaing paid for in whole or in part by a lobbyist or by any person, partnership, corporation, association, or other entity which is represented by a lobbyist.
(C) This prohibition shall not apply to: (i) any lodging paid for in whole or in part by the employer or client of a Senator in the ordinary course of the business in which such Senator is employed; (ii) any lodging paid for by any member of the family of such Senator which is not related to the governmental duties of such Senator; or (iii) any lodging paid for by a friend of long standing of the Senator which is clearly not related to the Senator's official duties.
(8.2) 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 ofguilty or nolo contendere to any such crime, or imposition payment ofa criminal or administrative penalty for any such crime shall constitute a violation of this rule.
(9) 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;
41
requires improper use of government relationships or prestige associated with legislative offices; or will require the Senator or staffto compromise any other ethical or legal duty.
(10) Sexual harassment is prohibited and shall subject the offender to possible sanctions, penalties, or legal action. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature shall constitute sexual harassment when: (A) submissio11 to such conduct is made explicitly or implicitly a term or condition of an individual's employment; or (B) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting an individual; or (C) such conduct interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment.
(11) Senators and staff shall not knowingly engage in conduct that violates rights of others nor shall they unlawfully discriminate against or abuse any person in the course of legislative activities. 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 manner.
(12) No Senator or staff shall knowingly use improper artifices or schemes to circumvent the clear purpose of laws or these Rules.
(13) Senators and staff shall not subject a person who reports to the Committee, or any other government entity, conduct the person believes is a violation of this Rule or any other state law to reprisal, retaliation, harassment, discrimination, or ridicule nor shall
the confidentiality provisions contained herein be abridged.
(14) The Committee shall clistribute a copy ofthese Rules to all Senators and staff. The Committee 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, as well as statutes relating to Ethical Standards and Conduct.
Rule 186. After the announcement of the standing committees arid 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 or by being reassigned at his or her request. The Committee on Assignments may assign any Senator to such committees as have vacancies and may fill any vacancy in the offices ofchairman, vice chairman, or secretary.
Rule 187. (a) Standing Committees, in order to secure adequate quorums, shall meet at a time and place scheduled and designated by the Senate Administrative Affairs Committee; 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 directe4 to the Secretary of the Senate (on forms provided) 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 ofthe Senate in writing (on forms provided) no later than twenty-four (24) hours
42
prior to the scheduled meeting. However, ifno agenda for the meeting has been posted or distributed, the meeting may be canceled by notifying the Secretary of the Senate in writing (on forms provided) one (1) hour prior to the meeting; the request will be immediately adjudicated. Prior to the session, the Senate Administrative Affairs Committee shall furnish each Senator a list of all scheduled meetings. There shall be no standing committee meetings in the Senate Chamber except a scheduled public hearing.
(b) A vice chairman may preside in the absence of the chairman if he or she obtains a certificate from the Secretary of the Senate certifying that the chairman is incapacitated or if he or she is directed in writing by the chairman to preside. All certifications or directions shall be recorded in the Senate Journal.
(c) No bill shall be reported to the Senate until it has been acted upon by the full standing committee, and all actions ofany subcommittee shall be approved or disapproved by the standing committee.
(d) Each standing committee at its first organizational meeting for the term shall set 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 a quorum for any committee.
(e) The secretary ofeach standing committee or subcommittee shall keep minutes ofthe meetings of the committee or subcommittee, as directed by the chairman, and shall see that proceedings of all meetings are reduced to writing. This record shall show the time and place of each meetin~ of the committee, the attendance of the committee members, and an accurate record of all votes taken. This record shall also include such additional information as the committe~ shall determine. Committee minutes shall be subject to correction only if authorized by a majority vote of the committee. The committee minutes shall include the number of all bills acted upon, all motions and results, and any appearances by any persons other than members of the committee.
(f) All committee reports shall be prepared under the direction ofthe 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.
(g) 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.
(h) The committee shall not vote on any bill until the author or his 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.
(i) 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.
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(i) A do pass motion that fails does not tUlhlthatically give a do not..SS
recommendation, nor does a do not pass motion \\'hich fails give an affirmative
recommendation.
(k) Upon the call for the Yeas and Nays, if one-third of the members present
sustain the call, the roll call shall he takett artd tecorded.
(1) 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 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 place must vote;
(m) No member of any committee shall be allowed to vote by proxy or abstain from voting.
(n) All motions in standing committees shall receive a second before being put by the presiding officer.
(o) Appeals from the ruling of the 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.
(p) The minutes shall show the date and the time the committee convened and
adjourned. Any member may file a statement from the chairman of a committee whose
meeting he (the committee member) is attet1ding to be included in the roll call portion of the minutes of any other committee meeting held at an overlapping time that he was absent because he was attending another standing cornrnittee meeting of which he is a member.
(q) Any member or members of a committee may file a minority report in writing as provided in Senate Rule 117.
(r) A committee cannot circumvent the provisions of the rules governmg
committees by suspending any rule or part thereof.
(s) When these rules are not applicable, the Senate rules shall apply, and when neither apply, the committee shall be governed by the most current edition of Mason's Manual ofLegislative Procedure.
(t) No standing or interim committee or subcommittee ofthe Senate shall officially
meet at any place within the State where arty citi:ien of the State is denied admittance oh
or on the basis of religion, race, creed, nationality, sex or 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 demartd.
(u) In order for local legislation to be favorably reported by the State and Local Governmental Operations Committee, such legislation must be approved by a majority of the Senators representing the political subdivision affected by such legislation;
44
provided, however, if an even number of Senators representing multi-member political subdivisions are equally divided on any local bill or resolution, the legislation shall be considered by the State and Local Governmental Operations Committee on its merits, and the committee must then report the legislation to the Senate with the recommendation that it "do pass" or "do not pass".
(v) For the purpose ofdetermining which Senator or Senators represent a political subdivision, the Senator's district must include all or a portion ofthe geographical area of the political subdivision affected by the local legislation.
(w) Approval oflocal legislation shall be evidenced by a Senator's signature (last name only) and senatorial district in the designated place on the legislation. Once a bill has been signed (in black ink only), the signature is permanent and cannot be removed; however, any Senator retains the right to object under the provisions of Senate Rule 113 (b).
Rule 188. All officers and employees ofthe 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)
Rule 189. (a)No member of the Senate or Senate staff shall engage in any travel at State expense outside the State ofGeorgia unless such travel is first approved in writing by the Senate Administrative Affairs Committee. The person requesting such approval shall state in writing the places to be visited, the dates thereof and the purposes therefor, which purposes 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.
Rule 190. A person sh~ll 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.
ELECTION AND INAUGURATION OF GOVERNOR.
Rule 191. Every State officer whos~ election is not otherwise provided for shall be elected by the General Assembly in the same manner and at the same time as other officers are elected by the General Assembly.
(O.C.G.A. 28-1-12)
Rule 192. In nominating candidates for any office, no other candidate shall be disparaged.
Rule 193. All elections by either house of the General Assembly shall be by
45
recorded vote, and the vote shall appear on the respective journal of each house.
(Ga. Const., art. lU, sec. lV,par. X.)
Rule 194. In all elections, a majority of the Senators voting, provided the total vote constitutes a quorum, must make the choice.
Rule 195. On the Tuesday next following the general election, the Secretary of State shall transmit the returns for the elections for constitutional officers to the Constitutional Officers Election Board, which shall be composed ofthe Speaker and the Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairperson pfeach standing committee ofthe General Assembly. The Speaker of the House shall act as the chairperson of such board. On said date, the chairperson shall convene such board at such time and place as the Speaker ofthe House shall determine, after having given due notice thereofto alt members ofthe board and the candidates for constitutional offices. Each candidate shall be entitled to designate one person to be present at the opening ofthe renns. Such board shall open and publish the returns of each such election. The person having the plurality of the whole number of votes in each election shall be d~lared duly elected, and certified returns shall be made by the Constitutional Officers Election Board and filed with the Secretary of State.
(O.C.G.A. 21-2-498a.)
Rule 196. Until and unless Articit} V, Section II, Paragraph VIIl(b) of the Constitution is amended so as to provide for plurality election of the Secretary of State, Attorney General, State Scool Superintendent, .Commissioner of Insurance, Commissioner of Agriculture, a,nd Commissioner of Labor, such officers shall continue to be elected by majority vote as provided by the law in effect prior to July I, 1994.
(O.C.G.A. 21-2-S0ld.)
Rule 197. The ceremony of inauguration shall take place during the first week of the first session ofthe General Assembly after the election and on such day ofthat week
as the General Assembly, by joint resolution, shall appoint. Ifthe General Assembly fails
to appoint the day, the inauguration ceremony shall take place at 12:00 Noon on Saturday of that week unless prevented by providential cause. The Govemor shall begin the discharge of his duties from the time ofhis inauguration.
(O.C.G.A. 45-12-2)
Rule 198. (a) The Governor-elect shall, before he enters on the duties of his office, take the following oath in the presence of the General Assembly in joint session of the Senate and House.of Representatives: "I do solemnly swear or affirm that I will faithfully execute the office of Governor of the State of Georgia and will, to the best of
my ability, preserve, protect, and defend the Constitution thereofand the Constitution of
the United States."
(b) Upon so taking the oath, the Governor-elect shall become Govemor. The
46
Lieutenant Governor-elect shall take the same oath with the substitution of "Lieutenant Governor" for "Governor" and upon so taking such oath shall become Lieutenant Governor.
(O.C.G.A. 45-12-4)
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Rule 199. The Governof and Lieutenant Governor shall, before entering on the duties of office, take such oath or affinnation as prescribed by law.
(Ga. Const., art. V, sec. I, par. VI.)
Rule 200. The fact of such inauguration of the Governor shall be entered upon the Journal ofthe House ofRepr!!sentatives and shall be conclusive evidence of his right and title to the office and of his ~ligibility and qualification.
(O.C.G.A. 45-12-3)
CONSTITUTIONAL AMENDMENTS.
Rule 201. (a) Amendments to this Constitution or a new Constitution may be proposed by the General Assembly or by a constitutional convention, as provided in this article. Only amendments whic4 are of general and uniform applicability throughout the state shall be proposed, passed, or submitted to the people.
(Ga. Const.. art. X, sec. I, par. I.)
Rule 202. (a) A proposal by the General Assembly to amend this Constitution or to provide for a new Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, shall be submitted to the electors of the entire state at the next general election which is held in the
even-numbered years. A summary of such proposal shall be prepared by the Attorney
General, the Legislative Counsc::l, and the Secretary of State and shall be published in the official organ of each county and, if deemed advisable by the "Constitutional Amendments Publication Board," in not more than 20 other newspapers in the state designated by such board which meet the qualifications for being selected as the official organ of a county. Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such summary shall be published once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted. The language to be used in submitting a proposed amendment ot a new Constitution shall be in such words as the General Assembly may provide in the resolution or, in the absence thereof, in such language as the governor may prescribe. A copy ofthe ~ntire proposed amendment or of anew Constitution shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection; and the summary ofthe proposal shall so indicate. The General Assembly is pereby authorize4 to provide by law for additional matters relative to the publication and distribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph.
(b) If such proposal is ratified by a majority of the electors qualified to vote for members ofthe General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any proposal so a:pprpved shall take effect as provided in Paragraph VI of this
48
article. When more than one am~ndment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, provided that one or more new articles or related changes in one or more articles may be submitted as a single amendment.
(c) Any proposal by the General Assembly to amend this Constitution or for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, if such action is taken at least two months prior to the date ofthe election at which such proposal is to be submitted to the people.
(Ga. Const., art. X, sec. I, par. II & par. Ill.)
Rule 203, No convention of the people shall be called by the General Assembly to amend this Constitution or to propose a new Constitution, unless by the concurrence of two-thirds of the members tq which each house of the General Assembly is entitled. The representation in said convention shall be based on population as near as practicable. A proposal by the convention to amend this Constitution or for a new Constitution shall be advertised, submitted to, and ratified by the people in the same manner provided for advertisement, submission, and ratification ofproposals to amend the Constitution by the General Assembly. The General Assembly is hereby authorized to provide the procedure by which a convention is to be c~lled and under which such convention shall operate and for other matters relative to such constitutional convention.
(Ga. ~onst., art. X, sec. I, par. IV.)
Rule 204. The Governor shall not have the right to veto any proposal by the General Assembly or by a convention to amend this Constitution or to provide a new Constitution.
(Ga. Const., art. X, sec. I, par. V.)
APPROPRI~TION, CLAIMS, AND FINANCE.
Rule 205. No money shall be drawn from the Treasury except by appropriation made bylaw.
(Ga. Const., art. Ill, sec. IX, par. I.)
Rule 206. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives.
(Ga. Const., art. III, sec. V, par. II.)
Rule 207. In either house, when ordered by the presiding officer or at the desire ofone-fifth ofthe members present or a lesser number ifso provided by the rules ofeither house, a roll-call vote on any question shall be taken and shall be entered on the journal. The yeas and nays in each house shall be recorded and entered on the journal upon the
49
passage or rejection of any bill or resolution appropriating money and whenever the Constitution requires a vote oftwo-thirds ofeither or both houses for the passage ofa bill or resoltion.
(Ga. Const., art. III, sec. V, par. VI.)
Rule 208. All resolutions which ~y 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 as in case of bills.
Rule 209. (1 )(a) The Govr:mor shall submit to the General Assembly within five days after its convening in regular session each year a budget message and a budget report, accompanied by a draft ofa Gen~ral Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation ofthe funds necessary to operate all the various departments and agencies and to meet the current expenses of the State for the next fiscal y~ar.
(1)(b) The General Assf;mbly shall annually appropriate those state and federal funds necessary to operate all the various departments and agencies. To the extent the federal funds received by the state for any program, project, activity, purpose, or expenditure are changed by federal authority or exceed the amount or amounts appropriated in the general appropriations Act or supplementary appropriation Act or Acts, or are not anticipated, such excess, changed or unanticipated federal funds are hereby continually appropriated for the purposes authorized and directed by the federal government in making the grant. In those instances where the conditions under which the federal funds have been made available do not provide otherwise, federal funds shall first be used to replace s~te funds that were appropriated to supplant federal funds in the same state fiscal year. The faical year ofthe state shall commence on the first day of July of each year and terminate on the thirtieth of June following.
(1)(c) The General Assembly shall by general law provide for the regulation and management of the finance anq fiscal administration of the State.
(Ga. Const., art. III, sec. IX, par. II)
(2)(a) Each General Appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire, except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this ~onstitqtion and the continued appropriation of Federal Grants.
(2)(b) The General Ass~mbly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning ofthe fiscal year together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, ifany, shall be made in
50
the manner provided in Paragraph V of this Section of the Constitution; but in no event shall a Supplementary Appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such Supplementary Appropriations Act was adopted and approved.
(2)(c) All appropriated state funds, except for the mandatory appropriations require{f by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act shall lapse.
(Ga. Const. art. III, sec. IX, par. IV.)
(3) The General Assembly shall appropriate to a special trust fund to be designated "State ofGeorgia General Obligation Debt Sinking Fund" such amounts as are necessary to pay annual debt service requirements on all general obligation debt. The sinking fund shall be used solely for the retirement of general obligation debt payable from the fund.
If for any reason the monies in the sinking fund are insufficient to make, when due, all
payments required with respect to such general obligation debt, the first revenues
thereafter received in the general fund of the state shall be set aside by the appropriate
state fiscal officer to the extent necessary to cure the deficiency and shall be deposited by the fiscal officer into the sinking fund. The appropriate state fiscal officer may be required to set aside and apply such revenues at the suit of any holder of any general obligation debt incurred under this section.
(Ga. Const., art. VII, sec. IV, par. III (2)(A).)
(4) The Governor, through the Office of Planning and Budget, shall prepare and submit a budget report to the General Assembly within five days after its organization for consideration either with or without amendments and modifications by the General Assembly.
(O.C.G.A. 45-12-74)
The budget report shall contain and include the following information:
(1). Summary statements of the financial condition of the State, accompanied by such detailed schedules of assets and liabilities as the Governor deems desirable, which shall include, but not be limiteq to, the following:
(A) A comparative consolidated balance sheet showing all the assets and liabilities of the State and the surplus or deficit, as the case may be, at the close of each of the two fiscal years last concluded;
(B) Summary statements of fund balances showing in detail for each fund the surplus or deficit at the beginning ofeach ofthe two fiscal years last concluded, the actual income of that year, the total appropriation ofthat year, and the total expenditures of that year; and
(C) Similar summary statements of the estimated fund balances for the current fiscal year and the next fiscal year;
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(2). Statements of income and receipts for each of the two fiscal years last concluded, and the estimated income and receipts of the current fiscal year and the next fiscal year, and a statement of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the next fiscal year. The statements of income and estimated income shall be itemized by sources and by the budget unit collecting the same. The statements of receipts and estimated receipts shall be itemized by sources and by the budget unit receiving the same. Existing sources ofincome and receipts shall be analyzed as to their equity, productivity, and need for revision, and any proposed new sources of income or receipts shall be explained;
(3). Summary statements of expenditures and disbursements for each of the two fiscal years last concluded, itemized by budget units under functional heads and showing the amounts expended for each major function of the government;
(4). A statement of the surplus account, showing the excess of all current assets over all current liabilities as of the end of each of the two fiscal years last concluded and all changes in surplus account during each of such two fiscal years;
(5). Detailed comparative statements of expenditures and requests for appropriations by funds, budget units, and budget classes, showing the expenditures for each of the two fiscal years last concluded, the budget of the current year, and the Governor's recommendations for appropriations for each budget unit for the next fiscal year, all distributed according to budget classes of ordinary recurring expenses of operation and maintenance, including, but not limited to, personal services and authority lease rentals, and of extraordinary expenses and capital outlay. Following the lists of actual and proposed expenditures ofeach budget unit there shall be a briefexplanation of the functions of the unit and comments on its policies and plans and on any considerable differences among the amounts expended and the amounts recommended, with such descriptive, quantitative, comparative, and other data~ to work done, unit costs, and like information as is considered necessacy or desirable. In connection with each budget class of capital outlays involving construction projects to be completed in two or more fiscal years, there shall be shown the total estimated cost of each such project and the amount thereof recommended to be appropriated and expended in each ensuing fiscal year until completion of the project. Capital outlay needs shall be projected for a period that is consistent with each organization's approved strategic plan as summarized in the budget;
(6). A summary statement of the cash resources estimated to be available at the beginning of the next fiscal y~ar and the estimated cash receipts of the fiscal year as compared with the total reconup.ended amounts ofappropriation for all budget classes for the year and, if the total of tpe recommended expenditures exceeds the total of the estimated resources, recommendations as to how the deficiency is to be met and estimates of receipts from any proposed additional revenues;
52
(7). A draft of a proposed General Appropriations Act or Acts embodying the Governor's budget report and recommendations for appropriations for the next fiscal year
and drafts of such revenue and other Acts as may be recommended for putting into effect
the proposed financial plan. The recommended appropriation for each budget unit sh;:lll be specified in a separate sectio of the General Appropriations Act. The total amount of appropriations recommended shall not exceed the cash resources available to meet expenditures under such appropriations; and
(8). Such other infonnatfon as the Governor deems desirable or as is required by law.
(O.C.G.A. 45-12-75.)
Rule 21O. The gener3rl appropnat1ons bill shall embrace nothing except
appropriations fixed by previous laws; the ordinary expenses ofthe executive, legislative, and ju~icial departments of the government; payment of the public debt and interest thereon; and for support of the public institutions and educational interests of the state. All other appropriations shall be made by separate bills, each embracing but one subject.
(Ga. Const., art. III, sec. IX, par. Ill.)
Rule 211. All General Appropriations Bills, in addition to the customary itemized
statements of the amounts appropriated for the usual expenses of the executive, legislative, and judicial departments ofthe government, and for the support ofthe public institutions and educational interests of the state, shall contain also a like itemized statement of all amounts appropriated by any previous law to be paid annually out ofthe treasury; and such amounts so &ppropriated by previous laws, shall not be paid from the treasury, unless they are embraced in the General Appropriations Act.
Rule 212. (a) Except as hereinafter provided, the appropriation for each
department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money; and no appropriation shall allocate to any object the proc~eds of any particular tax or fund or a part or percentage thereof.
(b) An amount equal to all money derived from motor fuel taxes received by the State in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year
beginning July 1, of each year following, for all activities incident to providing and
maintaining an adequate system ofpublic roads and bridges in this state, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties by law authorizing road construction and maintenance, as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act; and said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General .Assembly from appropriating for such purposes an amount
53
greater than the sum specified above for such ptirpo~S. trhe expenditure of such 'ftitlds shall be subject to all the rules, regulatiorts, and restridtions imposed on the expenoitilre
of appropriations by provisions of the constitution atttt1klws ofthis state, tmle'ss such
provisions are in conflict with the provisions ofthis paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this st3te by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the Executive Order of the Governor.
(Ga. Const., art. III, sec. IX, par. VI.)
Rule 213. In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known t\S Supplementary Appropriations Acts, provided no such supplementary appropriation shall be availableunless there is an unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriations Bill until the General Appropriations Act shall have been finally adopted by both Houses and approved by the Governor.
(Ga. Const., art. III, sec. IX, par. V.)
Rule 214. (1)(a) There is created the Claims Advisory Board, hereinafter called the board, to be composed of the Secretary of State, who shall be the chairman, the Commissioner of Human Resources, the Commissioner of Corrections, and the Commissioner ofTransportation. Whenever the board takes any official action authorized under the law or duly promulgated rules and regulations, three of the members shall constitute a quorum; however any ofthose individuals named above may be represented by a deputy or other designated employee; and any such action shall be valid if any two of the remaining three individuals are present during such action.
(1 )(b) The Claims Advisory Board is assigned to the Secretary of State for administrative purposes only as prescribed in Code Section 50-4-3.
(O.C.G.A. 28-5-60)
(2)(a) Any resolution relative to a claim against the state or any ofits departments or agencies must be introduced in the House ofRepresentatives. No such resolution may be introduced unless a notice ofclaim has been filed with the board on or before the 15th day of November immediately preceding the introduction of the resolution, if the event giving rise to a claim against the state occurred on or before the fifth day of November. If said event occurred subsequent to the fifth day ofNovember, immediately preceding the introduction of the resolution a notice of claim shall be filed as provided for in this Code section within ten days after the occurrence ofthe event giving rise to the claim. No such resolution shall be introduced after the twenty-fifth day of any regular session.
54
(2)(b) The board shall provide forms to be used in filing a notice ofclaim and shall make them available for such purpose. When the notice is filed, the board shall inform the person filing the notice, in writing, the information it will require in order to take action on the claim. Such information may include accident reports, affidavits, statements, bills, receipts, letters, documents, and any other supporting material or data deemed necessary by the board. AU such information must be filed with the board prior to the introduction of the resolution.
(O.C.G.A. 28-5-80)
(3) It shall be the duty ofeach state department and agency to file with the Claims Advisory Board a notice of possibility ofclaim covering any occurrence which would be the subject of a notice of claim as provided in Code Section 28-5-80. Such notice of possibility of claim shall be filed on forms provided by the Claims Advisory Board and furnished to each state department and agency upon request. It shall be the duty of each state department and agency to file a notice ofpossibility ofclaim within 30 days after the
date of any such occurrence. If filed within the same time limitations provided relative to the filing of notices of claim as provided in Code Section 28-5-80, a notice of
possibility of claim shall be sufficient for action to betaken thereon; and the fact that no notice of claim has been filed within the time provided shall not prevent the introduction
of a Resolution and action thereon as provided in this part.
(O.C.G.A. 28-5-81)
Rule 215. (a) Any Resolution authori2led by Code Section 28-5-80 shall be
referred by the Speaker ofthe House to the Appropriations Committee ofthe House; and
the Clerk of the House shall transmit a certified copy ofthe Resolution to the chairman
ofthe Claims Advisory Board not later than the day after its referral to the appropriations committee. Upon receipt of such copy, the chairman, after consultation with the other members of the board, shall set a time for acting on the claim and shall set a date for a hearing if a hearing is deemed necessary. In the event a hearing is to be held, the Representative introducing the bill shall be notified of the date, time and place thereof. Such other persons as the bqard deems necessary shall likewise be notified. The
Representative introducing the resolution shall be notified as to the action taken by the
board on the claim and the recommendation made by the board to the Appropriations Committee. In the event the Representative is dissatisfied with the recommendation of the board and no hearing has been held, he shall be entitled to have the board set a hearing by so requesting the chairman in writing.
(O.C.G.A. 28-5-82)
(b) Upon receipt of a notice of claim. the board may begin its investigation thereof; or it may wait until the supporting information provided for in Code Section 28-5-80 has been furnished. After investigation of the claim by the board, after introduction ofthe resolution, ~dafter a earing thereon, ifany, the board shall prepare a statement including its findings, its determination of the merits of the claim, its recommendation as to the payment thereofand such other information as the board deems advisable. Such statement shall be immediately transmitted to the chairman ofthe House
Appropriations Committee, wpo sh~ll present the same to the full committee. The
55
recommendations of the board shall be advisory in nature only and shall not be binding on the House of Representative&, the Senate, or any comtnittee of either. The resolution shall be acted upon in the same manner as provided by law and the rules ofthe House and Senate for action upon bills.
(O.C.G.A. 28-5-83)
(c) No resolution provided for in this part shall be passed without being presented to the board. The board is prohibited from considering any resolution unless notice of claim is filed within the time provided for in Code Section 28-5-80, unless the resolution is introduced within the time limitations specified in Code Section 28-5-80, and unless the information required by the board is filed within the time Umitations specified in
Code Section 28-5-80. The board shall make no recommendations after the thirtieth day
of any regular session. (O.C,G.A. 28-S-84)
RULES.
Rule 216. (a) When any question llrises which is not provided for in these rules, the same shall be controlled by the most current edition ofMason's Manual ofLegislative Procedure.
(b) For any rule requiring the concurrence ofthe President and the President Pro Tempore, or his or her designee, if for any reason such concurrence does not occur, the matter shall be immediately decided by a majority vote ofSenators present, provided such number shall constitute a quorum, unless otherwise directed by these rules.
Rule 217. (a) No change in or addition to these rules shall be made, unless such proposed change or addition is first referred in writing to the Committee on Rules and reported back to the Senate.
(b) The rules may be suspended by unanimous consent or with the consent oftwothirds (2/3) of the members to which the Senate is entitled without referral to the Committee on Rules, when not prohibited by the la~ or the Constitution.
(c) The Committee on Rules must report rules changes or additions submitted to it immediately after the confirmation ofthe Journal on the day following the introduction in the Senate of the proposed change or addition. A failure to so report such proposed change or addition to these rules within two days shall automatically bring said proposed change or addition before the Senate for consideration.
(d) At the beginning of any session, adoption ofthe Senate Organizational Rules resolution shall require an affirmative vote of a majority of the members to which the Senate is entitled. All subsequent resolutions introduced to change or amend the Senate Rules shall be assigned to committee and would requin: a two-thirds (2/3) affirmative vote of the members to which the Senate is entitled for adoption.
56
Rule 218. (a) Upon receiving nominations by the Governor that require Senate confirmation, the President ofthe Senate shall immediately transmit such nominations to the Committee on Assignments and shall notify the Senate that such nominations have been received. However, no npminations may be considered by the Senate until the_ expiration of seventy-two (72) hours after receipt thereof by the President of the Senate, or until the expiration of forty-eight {48) hours after being referred to the committee. The Secretary shall make such nominations available for review by any Senator. Any Senator may notify the President Pro Tempore in writing that he or she wishes to have a nomination considered by another standing committee; provided, however, any nomination to the State Board of Education or the Board of Regents shall be considered by a standing committee before consideration by the Senate without the necessity of a written request therefor, and said committee shall notify the Governor of the time, date and place of the committee meeting for consideration of such nomination. The Committee on Assignments shall then refer any such nomination to the standing committee of the Senate which would ordinarily consider bills or resolutions relative to the board, bureau, commission or other office to which such nominee was nominated and such standing committee shall be called by the chairman of said standing committee within a reasonable time after receiving said request from the Committee on Assignments. At the time the Senate considers such nominations, the committee or committees shall make their recommendations, if any, relative to such nominees.
(b) This R1.de may be sspended by a majority vote of the Senate during the last ten (10) days of the session.
(c) Upon the request of any Senator the appointee must furnish to the Senate a resume of all business transactions that he has had with the State of Georgia during the period of the two years before the appointment.
Rule 219. (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 a public officer or employee, unless the officer or employee requests that the meeting be open to the public.
(b) All meetings of Conference Committees shall be open to the public, except when a Conference Committee has been appointed and has begun meeting, iftwo Senate members of the Committee and two House members of the Committee shall decide that the efficiency of the committee is being impeded or the committee is unable to make sound fiscal recommendations, resulting from public meetings, a report of this decision shall be made by the Senate conferees to the full Senate. The full Senate shall then vote,
and if a majority of the members elected to the Senate vote to adopt said report, the
Conference Committee shall continue its deliberations in Executive Session. The Conference Committee may esrablish rules for the conduct of its meetings not in conflict with the provisions of this rule.
57
Rule 226. (a) No substitute or amendment to,ao~retirement bill shall be-.offer.e<l which changes the version ofthe bill on which the most,~ent fiscal note was submitted until a new fiscal note covering the provisions ofthe sull>st&lute oramendment is supplied to the Secretary of the Senate and made available to all members.
(b) No retirement bill shall be put upon its passage, nor shall any House amendment, House substitute or conference committee report to a retirement bill, if said conference committee report changes the bill from its version as pas~d 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 mem~rs.
(c) The term 'fiscal note' as used in this rule. shall be a fiscal note within the meaning of the 'Georgia Fiscal Note Act' (Ga. Laws l97S, p.1568), as amended, except that a fiscal note which expres~s the opinion that sufficient information is not available to prepare an accurate and complete fiscal note shall not constitute an adequate fiscal note for the purposes of the requirements of paragraph (b)of this rule. The term 'retirement bill', as used in this rule, shall be as defined by said 'Georgia Fiscal Note Act'.
(d) The provisions of this rule may be suspended by a two-third's vote of the members elected to the Senate by a roll..call vote.
RULES FOR THE GOVERNMENT OF THE GENERAL A$SEMBLY WHEN IN JOINT SESSION.
1. The Senate and House of Representatives shall meet in joint session in the chamber ofthe House ofRepre~entatives a& soon as possible after the start ofthe session, at such time as may be fixed byjoint resolution ofboth houses, for the purpose ofelecting such officers ofthe state as may be required to be electc:cl by the General Assembly. Su<;h joint session shall continue in morning and afternoon sessions from day to day until all of such officers are elected.
2. (a)The time of the m,e~ting of the two Houses in joint session shall be determined otherwise by concurrent resolution of the Senate and House of Representatives, except where provided by law.
(b) When the Senate and the House of Representatives unite for the purpose of elections, they shall meet in the chamber of the House of Representatives at the hour detennined by the concurrent resolution, and the President ofthe Senate shall preside and declare the result.
3. (a)The President of the Senate shall preside, announce that the General
Assembly is in joint session, and cause to be read the resolution convening the same. The
President of the Senate shall put all questions to the body and decide all questions of
order. An appeal may be taken from any ofthe President's decisions to the whole General
Assembly.
58
(b) In the absence of the President of the Senate, the Speaker of the House shall preside; in the absence of both the President of the Senate and the Speaker ofthe House, the President Pro Tempore of the Senate shall preside; in the absence of the three last named, the Speaker Pro Tempore of the House shall preside.
4. A majority of each house shall be necessary to constitute a quorum of the joint session.
5. After a person is nominated for any office in joint session of the General Assembly, it shall not be in order to second such nomination. When the nomination is declared closed, the President shall forthwith order the roll call, and each member, when called, shall rise in his or her seat and respond promptly, announcing distinctly his or her choice for such office.
6. No debate shall be in order, except as to questions of order.
7, The election in joint s~ssion shall be by recorded vote, and the vote shall appear on the journal of the House of Representatives. The votes are to be taken for but one election at one time, and a majority ofthe whole number ofmembers to which the General Assembly is entitled is necessary for a choice.
8. In elections by the General Assembly, no member, after having voted, shall be allowed to change his or her vote unless the member rises and states in his or her place that he or she voted by mistake or that his or her vote has been recorded by mistake.
9. No motion to adjourn shall be in order. In lieu thereof, there shall be the motion to dissolve the joint session, which shall be in the form, "that the joint session of the General Assembly be now dissolved," or "that the joint session of the General Assembly be now dissolved to be reconvened at (a time named)." The latter motion shall have precedence over the former.
10. The motion to dissolve the joint session, either indefinitely or until a fixed time, shall always be in order, except that, after the roll call has commenced, it shall not be in order until after the result of the vote has been declared by the President of the Senate.
11. When a motion to dissolve a joint session is decided in the negative, the motion shall not again be in onler until other business has intervened.
12. When a motion to dissolve a joint session, either indefinitely or to a fixed time, is decided in the affirlative, the President of the Senate shall so declare, and the Senate shall, without further motion, immediately return to the Senate chamber.
13. These rules may be amended by the concurrent resolution of the two houses. Any or all ofthese rules shall cease to be in force when either house shall notify the other house of the withdrawal of its consent to the same.
59
SENATE OF GpORGIA JNDEX TO RULES
References to 'Art., Sec. and Par.' refer to the Georgia Constitution. References to OCGA (Ex. 28-1-14) refer to statutes in the Official Code of Georgia Annotated. References to 'J' are to Rules for Government of the General Assembly when in Joint Session.
APPENDIX includes Citations to the Official Code of Georgia Annotated; Pages 24-29.
ABSENTEES
Attendance Compelled for Sessions Attendance at Committee Meetings Excused Absences, When Motion Made; Reasons Journal Entry Member Subject to Arrest When Absent Who Presides When Officers Absent
ADDRESSING SENATE OR OTHER MIMJ3ERS (Also See DEBATE, DECORUM)
Members Shall Not Pass Between Chair and Senator in Well
Obtaining the Floor; Signify to Chair to be Recognized Order of Precedence for Senate Officers to Speak Relinquishing the Floor; No Motions from the Well of the Senate Silence While Speaker in Well Speakers Shall Not Call Other Senators by Name but by District Number Motions Stated One at a Time Motions to Prevent Further Debate Prohibited Until Floor Relinquished Words Spoken in Debate, Exception to Words Spoken in Debate, No Reference to Private Conversation
RULES
46,47,48, 170 187 (p) 174, 175 49 47 (b) 5,24
RULES
58 50 (a), 53 20 66,67 57 55 65 66 52 54
ADJOURN, MOTION TO
Motion to Adjourn Simple; Not Amendable or Debatable
Motion to Adjourn to a Time Definite; Amendabl~ and Debatable
Motion Out of Order After Main Question is Affirmed
Effect of Motion to Adjourn (Simple)
Joint Session, Dissolve
Senate Cannot Adjourn During Recorded Vote
Renewal, After Further Business
Time for Motion to Adjourn
RULES
62, 70 62, 71 160 (a) 72 Jl2 73 70 68,69
ADJOURNMENT Committee Actions Taken During Adjoumment or Recess Daily Time of Adjournment Fixed by Senate Decorum, Remain Seated Until President Retires Impeachment Trial; Senate Remains in Session Art. III, Sec. IV, Par. I Main Question, Effect on; When Fixed Hour of Adjournment Arrives Resolution to Adjourn to a Later Date; Joint Resolutiom1 Resolution to Adjourn Not Adopted by Both Houses; Governor's Powers Transmittal of Bills to Governor for Signature (or Veto) Votes Required for Adjournment; Less Reijuired to Adjourn From Day to Day Voting on Measures when Hour of A(ljourpment Arrives
ADMINISTRATIVE AFFAIRS Of THJ; SENATE
Senate Administrative Affairs Committee; Duties and Membership
ADVERSE OR UNFAVORABLE REPORT Qf A COMMITJEE
Definition
'
Effect on Bills and Resolutions
AMENDMENTS Insert or Add or Strike Out or Strike Out and Insert House Amendments to Senate Bills Senate Amendment to a House Amendment to a Senate Bill Amending
Format Amendments to Appropriations Bills (:uts and Adds Blank Spaces -Out of Order Certain Amount of Verbiage Treated as Substitute; Suspends Action Cannot Amend or Repeal Code Section by Name Only
Order for Consideration of Amendments Committee; Floor Amends; Sections, Paragraphs Conflicting or Multiple Amendments Substitute as Amended
Order of Consideration for BiU or ftesolytion With AmeBdmeutt
Perfect the Original Bill; Substitute Perfect the Title of Bill or Resolution
Out of Order Amendments with Blank Spaces Irrelevant Amendment Offered Not Germane; Subjects Different From That Under Consideration Not Germane; House Amendments; Ruling of the Parliamentarian Time Expired to Offer; After Report of Committee Agreed to
(AMENDMf;NTS Continued Next Page)
2
RULES 115A
42 58 75 (b) 69, 73, 160 75 (a) 74 182 46 73, 133
185 (h), 187 (g)
RULES
187 (i) 118
RULES
138, 144 152-155 154
RULES
138 (c), 140 142 143 (b) 108
RULES
148(a), 151 146 143 (a)
RULES
143 (a) 147
RULES
142 141 145 153 149
AMENDMENTS (Cont.)
House Amendments to Senate Bills; Procedure ig Segate Senate Amendments to a House Amendment Are Subject to Amendment Motions and Special Orders: Precedence Not Gennane; President May Rule Out Such Amendment Special Orders; Adopted by Same Vote to Pass Bills
Rules of the Senate, Amending Resoturton1 Suspension of Rules by 2/3s majority without Rules Committ~e Approval
154 152, 153 153 155
217,Jl3 32, 34, I05, I I 1, 217
APPEALS
Questions of Order after Motion for Previous Question, No Debate Questions of Order of Personal Character, No Debate Protesting Against a Senate Action; prof.edure, form Rulings of the Presiding Officer; Appeals Made Immediately Rulings of Committee Chair; Appeals Require a 2nd and Majority Vote Rulings in Joint Session
RULES 163 60 61 59, 50 (d) 187 (o) J3 (a)
APPOINTMENTS BY THE GOVERNOR; CONFIRMATION BY SENATE Art. IV, Sec I, Par I (Also See Senate Rule 218 and CONSTITJJIIONAL BQ4RDS in the APPENDIX)
Appointments to Fill Vacancies of Certain Executive Officers
OCGA 45-5
APPROPRIAJJONS fROCESS (Also See APPENDIX)
RULES
Legislation Raising Revenue; Introduction in House; Receive 3 Readings
206,208
Budget Document and Bill Introduction
210,213
Budget Message, Bill Draft From Governor; Submission
209 (la)
Fiscal Affairs Subcommittees of Senate and House
Each Subcommittee Reviews Budget Requests
OCGA 28-5-20
Selection of Committee Members by Lt. Gov. and Governor OCGA 28-5-21 (a)
Calendar; General Appropriations Bill Has Precedence Over all Matters
111 (b)
Compensation Resolutions, Claims Against State; Originate in House; Deadline
208,215 (a)
Fiscal Administration of State Finances
209 (lb)
Fiscal Bills Generally
OCGA 28-5-53; 28-5-47, 28-5-2 I and 28-5-23
Fiscal Impact Notes
OCGA 28-5-42, 28-5-44
Supplemental Appropriations
209 ( Ib,c), 213
Information; Papers or Documents Concerning Appropriation Bill May be Read
45 (b)
Questions Concerning Appropriations Bills; Persons Invited Explain or Answer
45 (b), 17 (b)
Voting on Bills Appropriating Money; Journal Entry Art. III, Sec. V, Par. VJ
179,207
Veto Powers of Governor; Line Item Veto
182(e)
Veto Override, General Assembly's Powers
182, I 84
ARREST Compelling Attendance of Senators to Secure a Quorum Contempt of the Senate; Disturbances in Galleries, Lobbies Members Free from Arrest During Sessions; Certain Circumstances
RULES 47 (b), 48 26,43 56
3
ASSIGNMENTS, COMMITTEE ON
25, 105 (c), 156 (a), 185, 186,218
AUDITS Subcommittee of the Senate Rules Committee Legislative Expenditures General Assembly Salaries and Allowances
OCGA 28-1-8 (e) Also See RULE 189 OCGA28-4-2 OCGA45-7-4
BILLS AND RESOLUTIONS Bill Introductory Process-Time Frame
File Original and Copy With Secretary ofthe Senate
Time: 12 Noon on the Previous Day
Signatures of Senator(s) Introducing in Black Ink on Back
Original Becomes Official Bill U~d by Senate
Reading of General Bills; title read 3 times before vote Art, III, Sec. VII
Reading of Local Legislation; Introduced; voted upon on 2nd Day (Also See Population Bills) Art. III, Sec. V, Par. VIII
Committee Process; Referral to Committee; Assignment by Committee on Assignments
Calendar Scheduling (Also See CALENDAR)
Enactment of Laws Governor; Right to Review, Veto, Approve or Take No Action
Local Bills Requiring Referendum Election; Immediate Transmittal to Governor
Signatures of Officers of Both Houses Before Sent to Govemor
Unanimous Consent Not in Order to Alter Reactings and Considenuion
Vetoed Bills; General Assembly's right to override by 2/l's of members
Voting for Passage or Rejection of Gener1~l Bills; recorded votes
Withdrawal of Bill or Resolution at Any ~tage by Con!ICtlt of the Senate
RULES 105 (b) 106 (a)
28, 105 (a) 106 (b) 106 (c), 116 111 (b), 112
109, 113(d) 25, 115, 185 30, 31, 98, 111 100, 101, 102 182, 183, 184 182 (b) 101, 102 98 183 171 99
CALENDARS Business, Order of
General Appropriations Bill May Be Taken Out of Order
Questions; Priority of Business Decided by President Calendar
Order Automatic after Committee Action and 2nd Reading (Days I - 10) Rules Committee Sets for Days 11 - 40
Changing Order Before Rules Starts Setiing; 2/3s Votes
Order of J3ills Calling ln Numerical Order Motion to Change Order in Writing to Rules Committee
No Calendar on 40th Day; Exception
(CALENDARS Continued Next Page)
RJlLES
28 11 l (b) 19
30 31
111 (a) 32 111 (a)
4
CALENDARS (Cont.)
General Consent Calendars
Commemorative Resolutions Naming Geographic Landmarks
Local Bill Calendar Uncontested Bills and Resolutions Contested Bills and Resolutions Equally Divided Delegation; Committee Considers Bill Population Bills
Postponed Bills; Placement on Calendar
Reconsidered Bills; Placement on Calendar
Rules Calendar
Rules Committee Sets Calendar for Day 11 through Day 40 (or 30 days)
Re-ordering the Rules Calendar No Calendar on 40th Day; exception
Tabled Bills Bills Removed From Table Placed at foot of Calendar
RULES 28, 111 (e, f) 113 113 (c, d), 118
l 13 (e. f)
187 (u) 28, 111 (c)
88 (c)
97
RULES 30 30,32 111 (a)
77, 81 (c)
CAPTION; TITLE OF BILL OR ftESOLUTION One Subject Matter; Amend Title to Reflect Changes Art 3, Sec V. III Amending or Repealing Act Shall Distinctly Describe; No Reference Only Local Bills; Read Title at Least Once Lost Bills Not Re-Introduced Under Same Title; exception Title Not Considered or Amended Until Measure Brought to Final Form
RULES 107 108 113 (a, c, f) 104 147
CENSURE, EXPVLSION OF MEMBER
RULES 50 (d), 51, 52, 185A
CHAMBER. SENATE Computers; Personal Use of Laptop Doorkeepers Floor Privileges; Persons Allowed to Ent~r; Lobbyist Prohibited; Staff Restrictions Seating; Spouses and Families; Persons ~ot Allowed in Senator's Seats Sergeant at Arms, Duties; Enforcement of Order Standing Committee Meetin.gs Prohibited; Except for Public Hearings Smoking, Eating or Using Cellular Phones Prohibited in Chamber Visitors and Guests in Chamber; Approval of
RULES 50 (g) 7 17 17 14, 15 187 (a) 50 (f) 17 (d)
CLAIMS AGAINST THE STATE, COMPENSATION BESOLUJIONS (Also see OCGA 28-5-80 and 81, Procedural Rules, Restrictions on Passage)
RULES 208,214,215
5
CODE SECTIONS; Amendments or RefK'al of, ~uJ...meJP
COMMEMOBATIYE BJSQLJJTWNa
lll!1E 108
JU.II.IS 28, lll(e,f)
COMMITMENT Upon Introduction; Disagreement with After Introduction; From Committee to Committee To Committee of the Whole Senate Order of Business; Precedence of Motion Subcommittees of Standing Committees; referral to
RULES 115
90-93 90, 121, 125
28,62
187 (i)
COMMITTEES, QOA@S, COMMI~IONS WHJGH 114VE SEN4TORS 48 MEMBERS
(See APPENDIX)
COMMITTEE OF THE WHOLE SEN~TE Motion Made to Resolve Into
Amendments Offered; May be Amended or Rejected by Sen
Amendments Offered; Report Contains Only Pert:ected AJnentimen~
RULES 89 (a), 90, 116, 120 thru 137
121 136
135
Business of the Committee; Quorum of Sen~e Must Be Present tQ Proceed
123
Care of Bills, Resolutions, Amendments
116
Chairman Appointed by President of the Senate; concrrence by President Prq Tern
122
Disorderly Conduct by Members; roport to Senate for Action
130
Disorderly Conduct in Gallery; powers of the C~airman
129
Consideration of the Subject
Reading of Bills and Resolutions
124
Debate; Senate May Limit by Resolution
131
Floor Privileges
125
Voting Required by All Members on All Questions unless Ex.cused
127
Precedence of Motions
125
Precedence over Other Committees; Assignment; Committee Report
89,90, 120
Proceedings Shall Not Be Recorded in Journal
137
Reconsideration, Motion Shall be in Order
126
Report of the Committee by Chairman to the S~nate with ~commc:;,ndatiot1
134
Time Expiration; failure to complete m1:1tter; 'IUllc )~ave to sit again'
132, 133
Testimony Concerning Appropriations Bills; NQt qecessM)' resQlve into
17 (b), 45 (b)
COMMITTEE ON ENROLLING~ ,J,Ql!MAI.Ji
-RULE 29
COMMITTEES
Absent Members Cannot Vote by Proxy or Abstain
Adverse or Unfavorable Report of Bill or ReSiolution, effucl of
Appeals From Rulings of the Chair
Commitment or Referral of Bills, ResoluOons
Computers, Laptops; Personal Use Restricted Puring CQJlllllittee Meetings
(COMMITTEES (;ontJnped. NeJt Page).
RULES
187 (m) 118, 187(i,j) 187 (o)
90-93, 115 50 (g)
6
COMMITTEES (Cont.)
Meetings of the Standing Committees Agendas, Posting of Cancellations; Request Forms; 24 Hours Prior Notice; No Agenda Exception Chamber, No Standing Committees Meetings Held in Decorum; Certain Acts Prohibited Meeting During Recess or Adjournment Meetings Open to Public Meetings Closed to Public Quorum; Majority; Ex Officio Not Counted to Set, May Vote Roll Call and Votes Recorded in Minutes Scheduling Testimony; Appearance of Author
Absentee Members Vote Required for Recorded Vote in Committee
187,219 187 (a) 187 (a) 187 (a) 50 (f) 115A 187 (t) 219 (a) 187 (d) 187 (e) 187 (a) 187 (h) 187 (p) 187 (k)
Members and Chairpersons
Appointments by Committee on Assignments
Senator May Not Be Removed During Term Without Consent
Ethics, Standards of Conduct
Presiding Officer, When Vice Chairman May Preside; certification
Vacancies
,
RULES 25, 185, 186 185 (g) 185A 187 (b) 186
Minority Reports Minutes; What Shall Be Recorded
RULES 117, 161 (b), 187 (q) 187 (a, e, g, p)
Motions in Standing Committees Receive a Second Do Pass; Do Not Pass; Do Pass With Changes (Amends or Substitute) Motions That Fail Do Not Give Opposite Recommendation
187 (n) 187 (i) 187 G)
Notice of inteqt to Disagree with Adv~rse Report
118
Organization of Committees
Administrative Affairs, Committee on Senate
Scheduling Standing Committee Meetings
Employing Aides, Secretaries, Persoqnel
Assignments, Committee on
Decorum Committee; membership
Interim Committees Created Pursuant to Organizational Rules
Art. Ill, Sec. II, Par. V
Standing Committees and Subcommittees, Names and Number of Members
185 (h) 187 (a) 185 (g, h) 25, 105, 185, 186 17 (d)
185(a,b,c)
Procedure, Rules of General Bills and Resolutions Local Bills and Resolutions (Also See LOCAL BILLS) Standards of Conduct and Ethics, Senators and Staff Suspension of Rules; restrictions Meeting Time and Place When Rules Not Applicable; Senate Rules Apply; Parliamentary Law
{COMMITJEES Continued Next Page)
187 187 (c) 113, 187 (u, v, w) 185A (13, 14) 187 (r) 187 (a, t) 187(s)
7
COMMITTEES {Cppt.)
Records of Committees Duties of Staff Authenticate signature on all report&, documents
Minutes, Recordation and Approval Signa!tJre; Format
Committee Action Committee Report in Written Form Order of Business for Reading of Reports
Procedures; Appearance of the Author to be Heard
Voting; Quorum Required to Report Bill
Reports of Committees Favorable; 2nd Reading Automatic Report of a Bill; Disagreement With
Members Voting in Minority; Filing Report Stating Reasons Reports Prepared by Chairman or Acting Chair With Signatu.-e Amendments or Substitutes Reported by Committee; form Amendments or Substitutes by Committee. Take Precedence Rules Committee Report in Order at Anyt!me
Bills Referred and Reported by More Than One Committee
Subcommittee Actions Must Go tp Full Cp~mittee
Testimony Before Committees Votes Required to Report a Bill by Full Standing Committee
Chair Shall Not Vote; Exception
General Bills; Quorum of Committee Members
Local Bills; Majority of Local Delegation Yeas and Nays; Vote to Sustain; Votes Required for Recorded Vote
COMPUTERS - LAPTOPS OR NOTE;ePQKS - UMGE R,ETRICTIONS
COMPENSATION RESOLUTIONS (Also See OCGA 28-5-80 and 81, Procedural Rules, Restrictions on Passage)
187 187 (e) 187 (f) 187 (e, f)
187 (c) 187 (f) 28 187 (h) 187 (d)
118 118, l 19, 161 (a), 187 (i)
117, 187(q) 187 (b, f) 116 148 37 120 187 (c)
187 (g) 187(c,d) 187 (I) 187 (d) 187 (u) 187 (k)
RULE 50 (g)
RULES 208, 214, 21 s
CONDUCT, STANDARDS OF; APPLICABIIJIX
Campaigning From State Office Buildingi, Prohibited
Censure, Expulsion of Members; Enforcement Powers of Senate
Conflicts of Interest; Financial
Debate and Speeches
Exception to Words Spoken; Senator Called to Order
No debate on Personal Character
No referral to Private Conversations
Crimes Involving Moral Turpitude, Controlled Drugs, Alcoholie Beverages
Felony Indictment; Suspension and Removal of a Public Official
Art. 2, Sec. III
Sexual Harassment Prohibited
RULE 185A (d) 185A (4) 50,51
175(a), 185A(6)
52 60 54 185A (8.2)
185A(IO)
8
CONFERENCE COMMITTEES Appointment; Conferees appointed by Committee on Assignments Conference Committee Options Instructions by Vote ofthe Senate Upon Motion Reports of the Conference Committee
Conferee Signatures; 4 Required Before Submitted to either House Printing and Distribution One Hour Prior Consideration; Exception
Failure to Resolve Question After 5 days; dissolution or discharge
Reports Ruled Not Germane Effect Senate Rejects Report
Vote Required for Conference Committee Report Adoption Voting, Conferee Members Excused from
CONSENT CALENDARS; GROUPING MATTERS FOR VOTJNG
Local Uncontested Bills and Resolutions Art. III, Sec. V, Par. VIII
General Consent Calendar for Population BiUs
OCGA 28 l l 5
General Consent Calendar for Commemorative Resolutions
RULES 156 (a) 156 (b) 156(d)
156 (c) 156 (e) 156(d) 156 (t)
156 (g) 174 (b)
RULES 28, 113 (a, d), 118 28, 111 (c)
28, 111 (e, f, g)
CONSTITUTIONAL AMENDMENTS Ballot Language
Multiple Amendments Voted Separately Amendments to Same Article Voted as Single Amendment Proposed by Either House Call for a Constitutional Convention; procedures Governor's Signature Not Necessary Publication and Distribution of Proposed Amendment Constitutional Amendments Publication Board; composition Official Organ of Each County; File with Probate Court of Each County Repeal of Any Proposed Amendment Prior to General Election Veto by Governor Prohibited Vote Required for Adoption; two-thirds; r~corded votes
RULES 202 (b)
201,202 (a) 201, 203 184,204 202 (a)
202 (c) 184,204 179,202 (a)
CONSTITUTIONAL BOARDS AND CQMMJSSION (Also See APPENDIX)
Confirmation of Governor's Appointments
Art. IV, Sec. I, Par. I
Election of Members by the Senate: State Transportation Board
CONTEMPT Disorderly Behavior Refusal to Vote
RULES 26, 43, 50, 51, 168
170
CONVENING OF SESSIONS Hour Meeting Time Limit, No Longer Than 40 Days Adjournment and Reconvening by Concurrent Resolution Joint Sessions
Art. III, Sec. IV, Par. 1
Art. III, Sec. IV Art. Ill, Sec. IV
RULES 41, 75 (a)
lJ, 2J, 31
9
CONVENTJON OF PEOPJ,.E; CALL IOI\ CQJtil'flIUl'IQ&L 4MJNIMAJS
'
DEAl}LINE DATES (SEE INWE IJACK'9XIJl fAGI)
DEBATE Addressing Chair to be Recognized; Obtaining Well to Speak Cease Conversation During Debate Irrelevant Debate; Suspension by President Motion<; Which Would Prevent Further Debate, Restrictions on Questions Decided Without Debate
1st or 2nd Reading, No Debate Call for Yeas and Nays Change Order of Business
Request to take up general legis}ation out of regulaf order Motion to introduce general legislation after 331'4 day Motion to pass general legislation after 33rd day Motion to Adjourn Motion to Excuse No Debate during Roll Call Vote on /\ny Qqestion Previous Question Ordered; ProceQd Main ~ion With.out Debate Priority of Business; Questions Decided by President Reading of Papers; Objections Not Pebatable Table or ReJUove from the Table; Not P,ebatable Private Conversations, No Reference in Debate to Personal Character, Questions of Order; No Debate Time Limits
Individual Speeches on Bills; limit to 30 mmu
Points of Personal Privilege Speeches; limit to l Ominl,ltes Previous Question Ordered; 20 mim1~s to close debate to th,e committee No Debate on Question of Order or on Appe~ls After Ordered To close or limit debate, To Call for the Question Who May Speak When Main Question is Ordered Favorable Committee Reports; Ch11irman Submitting Report Minority Reports; Member Whose N~e First Signed llepQrt Unfavorable Committee Reports; Introducer of the Bill Words Spoken in Debate, Exception to; Senator Called to Order
IU!J& 203
RULES 50 (a), 53 50 (e), 53, 57 21 66,67
114, 115 171 33 32 105 111
70 174 (a) 178 160(a), 161 (a) 19 45 (a) 79 54 60 50 (b, c) 50 (c) 50 (c) 161 (a)
161 (a) 161
161 (b) 161 (a) 52
10
DECORUM Addressing Other Senators Chamber and Committee Meetings; Smoking, Eating, Using Cellular Telephones,
Reading Materials Not Pertinent, Inappropriate Dress Prohibited Computers, Laptops or Notebooks - Legislative Business Only Decorum Committee; members; duties; messengers and visitors Disorderly Behavior or Misconduct; punishment Gallery, Clearing of Introduction of Guests and Visitors; approval Obstructing View of Another Senator While Speaking Sergeant at Arms; duties; enforcement of order Silence During Debate; No Interruption of Another Senator
RULES 52,54,55
50 (e, f) 50 (g) 17 43, 50 (d), 168 26 17 (d) 58 14, 15 21, 53, 57
DMSION; CALLING FOR YEAS AND NAYS (Also See VOTING) Adjournment, limited by Call for President of the Senate; Duty in the Case of Presiding Senator Must Vote in Certain Circumstances Presiding Committee Chairman or Senator; When Must Vote Reconsideration of Main Question, limitations Results of, President Shall Announce
RULES 69, 73 22, 171 168, 169 18 187 (I) 160 (b) 169
DMSION OF QUESTION INTO SEPARATE PARTS, AMENDMENTS
RULES 158, 159
ELECTIONS
(Also See JOINT SESSION)
RULES
Constitutional Officers Elections Board
195
Election of Certain State Officers in Joint Session
OCGA 28-1-12
191
State Transportation Board Members
Art. IV, Sec. IV, Par. I
Election of Officers of the Senate
Art. Ill, Sec. III, Par. I and III
OCGA 28-1-3
President Pro Tern
4 (b), 24, 194
Secretary of the Senate
6, 11, 194
Sergeant at Arms
14, 194
Nominating Procedure; No Olher Candidate Disparaged
192
Presiding Senator Shall Vote in Al~ Elections
18
Senate Members; Qualifications; Tenns
Art. III, Sec. II, Par. III, V
OCGA 28-2-2 (b)
Senate Members; Disqualification
Art. III, Sec. II, Par. IV
Senate Members; Special Elections
OCGA 21-2-544
Senate Certify and Affirm Election Returns of Own Members
51
Senate Contested Seats
175 (b)
Vacancies in Office - Special Elections
Art. III, Sec. IV, Par. V OCGA 21-2-544
Voting; Elections by Either House Sh~ll Be Recorded Art. III, Sec IV, Par. I
18, 193
11
ELECTRON!!;; BQLL CALLS (Also See ROLL CALl,S)
Electronic Roll Call System; Verification Not N ~
Electronic Voting Machine Inoperattve; Call for, Voi~C) Vote
Excused from; Pecuniary Interest Explanation of; Filing written explation; Timing; Jc:>\l.QlA}, entry Official Roll Call Not Altered or Recorded Vote Crumgod Opening of Each Session; Morning Roll Call Presiding Officer's Duties Quorum, to Detennine by Roll Call of Sen~tors Roll Call Vote Shall Be Taken; 5 Members Sustain Votes Recorded in Journal Voting; Procedures
EMPLOYEES pF JUE ENAJE (Also SeQ SJt\f'Fl OCQA 2g.,3.,2-0
11!1ES 173 172
175 (a} 177
l 72 (b)
35 (b) 172 (c) 170 171, 180 166, l71, 179, 180, 181, 193 172 (a)
&\!ltJ..l 1&s. 1s8, 189, 190
ENGROSSMENT QF BILLS Qi Bf,;SOIJJIJ!}I!{S
Engrossment Upon 1st Reading ,
Motions to Engross; Order of Business
Motions to Engross House Bills on 33rd Day; Written Notice
Engrossment of Senate Legislation after 3rd Reading and PassJge
li,ULES
fMA
28
105 (c) 100
ENROLLING Preservation of Acts Acts and Resolutions Signed by Lt. Governor and Secrequy
RULES
100 .
101, 102
ETHICS
(Also See CONDUCT and POWGRS gf tbp SENATE)
Senate Ethics; Issues; Procedures
Sanctions and Penalties for Rules Vielations
Subpoena Power of Ethics Committee
EXPENDITURES, IJ;GlLAIM
Budget for Legislative Agencies; Preparation; Transfer ofFun<ls
Disbursements by Fiscal Office; Vouchers; Approval
Senate Administrative Affairs Committee Miclllag~; Approve
Senators; Salary; Daily Allowance; Reimbursable Expenses
Travel Out of State, Prior Permission RequirQ<l
Persons Paid by Other State Departments Not Eligible Paid hr Scmate
Reimburs~ble Expenses lncurr~d in Performance of Duties
OCQA 45-12-78 (b)
189, 190 185 (h), 188 OCOA 28-1-8.; 45-7-4 (22); 45-7-21 (b) 189 190 QCGA 45-7.,4 (22); 28-1-8
FISCAL {MPACT NOTES (Also See APPENDIX)
Retirement Bills; Actuarial Investigation; Current Fiscal Note
OCQA 28-5-42; 28-5-44
OCGA 47-20-37 ~ 220
12
FLOOR PRIVILEGES Entrance onto Floor of Senate While in Session; Limitations
Introductions and Presentation of Guests; .Approval Required Lobbyists Not Allowed Upon Floor of the Senate
Press in Designated Area
GERMANE, DISSIMILAR SUBJECT MATTER
Amendments, Substitutes
Ruling on How~e Amendments, Substitutes to Senate Bills
Ruling on Conference Committee Reports
GOVERNOR
Access to Senate Floor
Bills and Resolutions, Transmittal to Governor
Adjournment, Power in Regard to
Appointments, Confirmation of
Appropriations, Use of Line Item Veto Art. IU, Sec. V, Par. XU.{~)
Budget Bill, Presentation of
Constitutional Amendments, PublicatiQn Board
Inauguration of Governor-Elect; Oath ~f Office
Messages From the Governor, Receipt of
Signature, When Required
Veto Power and Override
Art. III, Sec. V, Par. XIII
IMPEACHMENT Powers; House to Vote Impeachment Charges; Senate to Conduct Trials
Judgments Extend Only to Removal, Disqualification to Hold Office Art. III, Sec. VII and Art. Ill, Sec. IV, I (c) Trial Pending At End of Session, Senate Remain in Session
INDEFINITE POSTPONEMENT (Also See POSTPONEMENT)
INTRODUCTION OF BILLS AND RESOLUTIONS
Filing; Original and Copy Required
Fiscal Note Requirements
OCGA 28-5-42; 28-5-47 to 28-5-56
Time for Introduction
Compensation Resolutions; Constituent Claims; November 15 Deadline
Local Legislation
OCGA 28-1-14; 28-5-49
Requires Signature (last name) and District No. to Introduce
Requires Notice oflntention to Introduce
Rejected Bills That Lose in Either House
Revenue Bills Originate in House
Unanimous Consent for Introduction is Out of Order
RULES 17 (a) 17 (d) 17 (c) 17 (e)
RULE 107 141, 145, 153 }53 156 (b, t)
RULES 17 (a) 182 (a, b) 74 218 (a) 182 (e) 209 (la) 202 (a) 197 - 200 37 100, 182 (a), 184 182 (c), 183, 184,204
OCGA28-l
RULE 75 (b)
RULES 62 and 83-87
RULES 106 (a)
28, 105 (a) 214,215 113 (c) 187 (w) 109, 113 (b) 104 206,208,214,215 98
13
INTR(;)DUCTIONS AND PUSENTAUON.OE GJJESJ,j
l!l,&E, l7 (d)
JOffiT SESSIQN OF THE GEflML ASSEMIU
Adjournment, Motion to Dissolve
Debate Not in Order Except Questions of Order
Election of State Officers, Boards as Required by Law
Nominations; Not in Order to Second Any Nomination;
Inauguration of Governor and Lt. Governor
OCGA45-l2-2'; 45-lZ-4
Place, House Chambers
Presider, President of the Senate; Succession
Procedure, General
Quorum, Majority of Each House
Rules Amend~d by Concurrent Resolution
Time of Meeting Determined by Joint Resolution
Voting by Order of Roll Call; Members Rjse and Respond
RULES J9, JlO, Jll, Jl2
16 Jl,J2 JS 197, 198 Jl J2, J3, JS J3 thru JS J4 Jl3
JI, J2
JS,.J7, JS
JOURNAL, OFFICIAL &CORD OF PBQtEEDINGI
Daily Report Committee on, a Subcommittee of Committee on }lutes Reading May be Dispensed With by Unanimous Conl'!ent
Roll Calls; Absences Recorded; Explanation
Record of Committee Vice Chairman Presiding in lieu of Chairman
Record of Committee of the Whole Report Record of Elections Record of Oath of Office of Secretary Record of Petition, Memorial or Remonstrance Record of Protests Against ~ Senate Action Record of Votes Taken; Entry Required Senate Shall Publish and Preserve Officia.l Records
Art. III, Sec. V, Par. I
RULES 28,29
36 49, 174 (b), 177
1&7 (b) 137
172, 193
12
44 61
166, 171, 179, 180~ 181
103
LEGISLATION, EN,\CTMENT OF k\W (Also See Bill! g.Resolutions).
Acts Signed by President of Senate and Speaker ofHouse
Art. Ul, Se~, V, Par. X
General Acts: Effective Date Specifi~d ~ July l
QI Date Signed by Governor 'upon hi$ approva.l'.
Local Legislation: Date Specified QI'. Immediately Upott Approval 11, Governor
Compensation Acts; Mandated Increases for Local Officials
Governor's Right to Review, Veto, Approve or Take No Aciion
Local Bills Requiring Referendum Election; Immediate Transmittal
Joint Sponsorship of Bill and Resolutions
Art. Ill, Sec. V, Par. XIV
Vetoed Bills; General Assembly's Right to Override
RULES 102
OCGA 1-3-4
OCGA 1-3-4 OCGA 1-3-4.1
RULES 182,183,184
182 (b)
182
LEGISLATIVE SEBYICES CQMMITJEE (See APPENDIX, OCGA 28-4-1; 45-7-4; 45-12-78)
14
LIEUTENANT GOVERNOR
OCGA 45-12-4; 45-7-4
Appointment of Conferees
Appointments to Boards, Bureaus, Commissions
(See APPENDIX)
Assumption of Office after Oath of Office in a Joint Session
Duties as Presiding Officer; member of Committee on Assignments
Referral of Bills and Resolutions to Committees
Controls Debate
Introduction of People of National Prominence
Member of Constitutional Amendments Publication Board
Powers
Rulings on Appeals
Rulings on Germane Subject Matter
Senate Amendments
House Amendments to Senate Bills
Conference Committee Reports
Vacancy in Office of Lt. Governor
Vacancy in Office of the Governor; Succession to Executive Power
RULES .1, 3, 4, 17 156 (a)
198, 199
25, 105 (c), 185, 186,
115 53,98 17 (d) 202 (a) 18 - 27 50 (d), 59 59,107 141, 145 152, 153 156 (b, f) 4,5
Art. V, Sec. 1, Par. V
LOBBYISTS Senators Prohibited Accept Gifts, Lodging Not Allowed to Enter Upon Floor of the Senate
RULES 185A (8.1) 17 (c)
LOCAL BILLS ANp RESOI,UTIONS (Also See CONSENT CALENDAR)
RULES
Approval Evidenced by Senator's Signature an(f District
187 (w)
Define Who Represents Political Subdivision Affected
187 (v)
Consideration of Local Legislation; Procedures (Art 3, Sec V ., Par VIII and IX)
Advertisement of Notice of Intention to Introduce; Attach Affidavit
109, 113 (b)
Fiscal Impact Note for Certain Expenditures Required
OCGA 28-5-47 to 56
Incorporation and Annexation Bills; Municipalities
OCGA 36-31-5; 36-36-6
Contested and Uncontested Bills
28, 98, 113 (e)
Delegation Evenly Divided
187 (u)
Favorable Report
187(u)
Homestead Exemption requirements
Art. VII, Sec. II, Par. IV
Passage Not Before 2nd day following day of introduction
Art. III, Sec. V, Par. VIII
113(c)
Placement on Calendar
113 (d), 118
Procedures for General Passages Not Applicable to Local Legislation
31, 113
Transmission to Governor
182 (b)
Reading and Referral to Committee
113 (c)
MAIN QUESTION (OR MOTION) (Also See MOTIONS) Question, to Call for the
Division of the Question into Definite Parts Motion for the Previous Question Ordering of
MASON'S MANUAL APPLIES WHEN QUESTION NOT IN RULES
RULES
158, 159 157, 160 - 163 164, 165
RULE 216 (a)
15
MEMORIALS; Referred Without Reading
MESSAGES ro mE sE,sAn;, uow sENT, ANl!OJmCIP. DalYD
MINORITY UPOBTS FBOM 4 CQ.MMJIDI
Response to Report of Coqimittee; Debate
How made
MOTIONS
Main Motions; Precedence of
Motions From Floor by any Senator Do Not Need a Second New Matters To Lay on Table One Day, Motions Not Privileged
Number of Motions Limited to One at a Time Withdrawal of
House Amengments/Substifutes to Senate ffillsi frgmlyre hi eqate
Motions; Precedence of
Germaneness of; Ruling by Pl:lrliamentarian
Proposed Senate Amendment to the House Amendment; Amendable
Vote Required to Pass
OATHS
Administered by a Justice or Certain Judges
Governor
Officers of the Senate
Senators
Secretary of the Senate
Wording/Verbiage
OCGA 28-14; OCGA 45..3..1 and Art. III, Sec. IV, Par. II
OPENING DAY
OPEN MEETINGS
ORDER OF BUSINESS Appropriations Bill, General Change Order of Business, How Priority of Business Privileges, Questions of Rules Committee Report in Order at Any Time
IW!& 44
RULES 37, 38
RULES
l61 (b) 117, 187 (q)
RULES
62 64 40 65
63,83
152 - 156 152 153 154 155
RJJLES
10 198 12 9, 10
12
Bill& 2,217 (d)
RULES 187 (t), 219
&!LE 28
111 33,34 l 9~ 28, 35, 99, 160 39
37
16
ORGANIZATION OF THE SENATE
Art. Ill, Sec. I, Par. I
RULES
Administrative Affairs; Senate Comftlittee on
185 (h)
Initial Organization, Duty of Secretary of Senate
OCOA 28-1-3
1 - 17
Membership and Apportionment
OCOA 28-1-1
Resignations
OCOA 45-5-5
Meetings; Time and Place Art. III, Sec IV, Par. I
OCOA 28-1-2
41, 42, 74, 75
Oath of Office
OCGA 28-1-4; Loyalty Oath OCGA 45-3-1 and 11
9, 10, 12
Officers (Also See ELECTIONS) Art. 111, Sec. Ill, Par. I, lll; OCGA 28-1-3;
.1, 2, 4, 6, 11, 14
Parliamentarian; President Pro Tempore
59
President of the Senate, the Lieutenant Governor
.1, 3, 4
President Pro Tempore
OCGA 28-1-6
.l,4(b),5, 17, 19,23,24,25,59,94, 115
Secretary of the Senate
6, 11
Operations of General Assembly; Legislative Services Committee OCGA 28-4-1
Pay and Travel and Allowances
OCGA 28-1-8
188, 189
Rules of the Senate, Amending Resolutions
217,Jl3
Seating of Senators
8, 17
PAGES OF THE GENERAL ASSEMBLY
RULE16
PAIRING FOR VOTING PROHIBITED
RULE 176
PAPERS AND DOCUMENTS Committees, Care of Bills and Resolutions Committee of the Whole May Call for Reading of Position Papers, Distribution in Chamber by a Senator Reading of Papers Not Subject to Indefinite Postponement Relating to Questions Concerning Appropriating Money Preservation of Bills and Resolutions Pas~d by Either House
PETITIONS, PRESENTATION Nill fORM
POPULATION BILLS Definition Restrictions
OCGA 28-1-15 Art. Ill, Sec. VI, Par. IV
RULES 116 128 45 83 45 (b) 100
RULE44
RULES 111
POSTPONEMENT Order of Precedence
After Previous Question Is Ordered; Motion Not in Order
After 10th Legislative Day, Motion 2nd Time; Bill to General Calendar
Postpone to Day Certain; Motion to Postpone Indefinitely, Motion to Merits Not Debatable
RULES 62 160 (a) 88 (c) 87, 88 (b) 62, 83 thru 87 88 (a)
17
PREFILING OF PROPOSED BILLS AND RE5QLlJTIPNS
OCGA 21-1-17; 28-1-17 (b)
PRESIDENT OF THE SENATE
(Also See LL GOVERNOR)
Powers and Duties
One of 3 members on the Comm1ttee on Assignments
Presiding Officer; Controls Debate
Calls for Yeas and Nays
Order of Business, Questions of Priority
Appointments and Assignments
Standing Committees Appointed by Committee on Assignments
Interim Committees Appointed by Committee on Assignments
Boards, Bureaus, Commissions
(See AUI;NDIX)
Conference Committees; Conferees
Budget Estimate for the Senate; Transfer of Funds
OCGA 45-12-78
RULES .1, 3, 4
4, 18-27 25 53,98 171,207 19
25, 185 (a) 25
156 (a)
PRESIDENT PBO TEM
Nomination Election Compensation Parliamentarian, President Pro Tempore Powers and Duties
OCGA 28-1--6 and 8
RULES
4,192
4, 24, 193, 194
OCGA 45-7-4
4 (b)
59, 141, 1S3, 15.6 (f), 187 (s), 216
.1,4,5, 19,24,25,59, 122,185,186
PREVIOUS QUESTION
Applicability Any Senator May Call for a Division of the Question
How to State Motion Precedence of Motion
Debate; None on Questions of Order after Motion for Previous Question
Debate; Allowed after ordering of Previous Question Debate; Motion Decided without Debate Effect on Main Question Minority Report Submitted, Debate Time Reconsider, Ordering of Main Question
Senator Called to Order for Words Spoken; No Decision Until After
Previous or Main Question Disposed of Tabling After Motion for Previous Question Sustained
RULES 157 158, 159 160 62 163 161 (a), 163 160 160, 161, 164 161 (b) 165
52 76
PRINTING ANP DISTRIBUTION Qf l&S!ISLATIQN
Secretary's Office Prints and Distributes to Members Motion to Print, Precedence ofMotiort Conference Committee Reports; One Hour Prior Consideration
RULES
110 62, 110 156 (e)
PRIVILEGED, CONGRATULATO:JlY OR CQMMEMDBAJIYE RE~!,UllQNS
RULE44
l 8
PRIVILEGED MOTIONS Questions of Privilege; defined Motion Not Privileged With New Matters to Lay on Table One Day Personal Privilege Individual Spe~hes
PROTEST AGAINST ACTION OF mE SENAJE Dissenting to Actions of a Committee, Minority Report Exception to Words Spoken Procedure and Written Form
RULES 39 40 50 (c)
RULES 117, 161 (b) 52 61
QUALIFICATION OF MEMBERS
OCGA 28-2-2 (b)
RULES 51, 175 (b)
Minimum Age 25 Years, Legal Resident of District for One-Year
Art. 111, Sec. II, Par. III
QUORUM 29 Senators Represent Quorum on Matters before Entire Senate
Presence Determined by Roll Call of Senators President May Compel a Quorum President May Call for Yeas and Nays Committees, Quorum Set by Members Quorum of Committee to Report General Bills For Adoption of Unspecified Matters Joint Session, Majority of Each House
READING OF BILLS AND RESOLUJIONS
1st and 2nd Reading, No Debate Allowed 2nd and 3rd Readings, Distinct Bill Number and Senator's Name Read 3rd and Final Reading; Motion to Consider by Sections in Order 33rd Day; Deadline for Third Reading ofGeneral Senate Bills 36th to 40th Days; Automatic 2nd Read Same Day Reported by Committee Constitutional Amendments; Title read 3 separate days
RULES 46 170 47 (a) 22,48, 180 187 (d) 187(d) 167 (a) J4
RULES 114,115 111 (b) 151 105 (b) 114 112
RECONSIDERATION Amendments Automatic When Certain Floor Substitute or Floor Amendment Adopted Effect of; Placement on Calendars Main Question/Previous Question, Motion to Reconsider the. Ordering of Notice of Intention to Move for Reconsideration Notice of Intention to Move for Reconsideration Defeats Motion to Transmit Notice of Motion to Reconsider on (33rd) Day and Last 3 Days of Session Number of Times a Bill May Be Reconsidered
RULES 95 143 (b) 97 160 (b), 165 94 (b) 94 (d) 94 (d) 96
REPEALING, AMENDING LAW OR CODE SECTION
Requires Distinct Description
Art. III, Sec. V, Par. IV
Proposed Constitutional Amendments
RULES 108 202 (c)
19
RETIREMENT BILLS
Fiscal and Non-fiscal Bills; Prerequisite to Introduction
ROLL CALL (Also See ELECTROrtJC ROLL CALL and IOURNAL) Call for Morning Roll Calls; Recorded Vote, Dispensing With Excused Absences Excused Conferees Journal Entry of Morning Roll Calls
RULES
Resolutions Introduced to Change Rules Must Go Through Committee Process
Organizational Resolution; simple majority to adopt Suspension of by 2/3s majority witho~t Rules Committee approval Suspension of by Changing Order of Business
8YLE220
RULES
171 - 180 35 (a, b) 174 (a), 175 (a) 174 (b) 49
RULES 217 217(d) 32,105,111,217 33,34,217
RULES COMMITTEE
Arrange and Fix Calendar Last 30 Days of Session Changing, Rearranging Rules Calendar Changing, Rearrangintf Automatic Calendar Rules Calendar on 40 Legislative Day
Approval of Introductions and Presentation of Guests in Chamber Report of the Rules Committee in Order at Anytime Resolutions Introduced to Change Rules Must Go Through Committee Process
Organizational Rules Resolution Exception; simple majority to adopt Subcommittee on Enrolling and Journals; Oaity Report
RULES 30 30 31 111 (a) 17 (d) 37 217
29
:muau SALARY AND aLLowANcEs or m:miu ANP
OCGA 28-1-8, 45-7-4 and 45-7-21
SEALS OFT
OCGA 28-1-10
SEATING ORDER OF SENATORS
SECRETARY OF IH.E SENATE
Elections, 2-Year Tenn by Majority of Quorum Voting Ex Officio Presider Bond Oath of Office Duties, Organization of the Senate Duties, Parliamentary Duties; Senate Administrative Affairs
OCGA 28-3-20
OCOA 28-1-3 and 11
RULE 8 (a)
RYLi 6
11, 194 2,24 13 12
59 115, 185, 187 (b)
20
SERGEANT AT ABMS Election; duties Suspension for Misconduct or Neglect of Duty
OCGA 28-3-1
SESSIONS
Time of Assembling; Length of Regular Session; Adjournment Art. Ill, Sec. IV, Par. I
Extraordinary or Special Sessions; How Called
Art. V, Sec. II, Par. VII
Emergency Sessions
OCGA28-l-7
Order of Business
STAFF SERVICES
OCGA 28-4-1
Administrative Affairs Committee; Responsibility of
Committee Staff Assistance
Legislative Counsel Provides Legal Assis~ce, Bill Drafting Services OCGA 28-4-3
Payment by Legislative Fiscal Office; Vouchers
OCGA 45-7-4 (22) (F)
Persons Paid by State Departments Not Eligible Wages From Senate
Senate Chamber; admittance restrictions; secretaries, aides and interns; duties
STATE BOARDS; MEMBERSHW OF LEISLATORS
(See APPENDIX)
SUBCOMMITTEES OF STANDING {;qMMJTIEES; Created by President
Reports of Subcommittees
SUBJECT MATTER MUST BE EXPRJ;SSED IN TITLE Art. Ill, Sec. V, Par. III I
SUBSTITUTES
(Also See AMENDMENTS)
Amendments to
Adoption of Floor Substitute or Certain FJoor Amendment Suspepds Passage
Committee and Floor Substitutes Offered; Precedence
Substitute Voted on Before Bill
SUCCESSION; ABSENCE OF OFFICERS
TABLING Effect; Removes Measure from Consideration Motion to Table, What Can be Tabled
Motion May be Made After Motion for Previous Question Sustained Renewal of Motion, When in Order Motion to Lay on Table Not Subject to Being Tabled Motion to Remove from, When in Order
<TABLING ~ONTINUED NEXT PAGE)
21
RULES 14, 15 27
RULE 28
RULES 185 (h) 187 188 190 17
RULE 185 (f) 187 (c)
RULE 107
RULES 139, 143 (a) 143 (b) 148 (b) 143 (a)
RULE 24
RULES 81 (a) 77, 78 76 80 77 (b) 80,82
TABLING (Cont.) When Motion Prevails, Effect
Motions Not Debatable or Amend~ble
After Main Question Voted Upon, Motion Not in Order Removal From Table on 40th Day; Effect
TITLE OF BILLS AND RESOLUTIONS Subject Matter Must Be Expressed Consideration of Preamble or Title; order of debate
Art. III, Sec. V, Pat. III
TRANSMISSION IO HOUSE Day of Passage, Vote Required to So Order 33rd Day and Last Three (3) Days of SessH:10, Immediate Transmittl
Notice of Motion to Reconsider Takes precedence over Motion to Transmit
TRAVEL OUT OF STATE; PRIOR PERMISSION REQYIUP
w: UNANIMOU5 CONSENTS AND POINTS PEB$0NAL l!IUYJ!&GE
Time Limits
,
Unanimous Consent Not Used to Alter Readings and Consideration
VETO, VETO OVEBBIDE Governor's Power; Overriding Transmission of Vetoed Legislation to Originating House
ArtIII, Sec V, Par. XUI
VISITORS AND GUESTS IN SENATE CHAMBB
81 (b, c) 79 76
111 (a)
RULES
107 124,147
RULES
94 (c) 94 (c) 94 (d)
BPI& 189
RYI& 28
50 (c) 98
RULES
182, 183, 184, 204
RULE 17 (d)
VOTING
(In Senate - 2/3s = 38 votes; JMi = 42 v~s; Mojgrity =29 votes)
When Roll Call Vote Taken
Art. III, Sec. V, Par. VI
Adjournment Limitations When Senate is Voting
Amendments; Adoption Requires a Majority of Quorum
Bills/Resolutions; Votes Required to Pass
Calling for Yeas and Nays
Changing of a Vote under Mistake of a Question; Limitations
Disorderly Behavior; Casting vote for another Senator; Punishment
Electronic Roll Call Voting
Excuse From
Motion to excuse; when must be made
Conferees excused; notice to Secretary
Direct Pecuniary Interest
Contested Seats, Sitting Sen~tor and Contestant Excused
(VOTING CONTINlJED NEXT PAGE)
RULES
69, 73 167 166,179,202 22, 171, 180 173 (a), JS 168 172, 173
174 (a) 174 (b) 175 (a) 175 (b)
22
VOTING (Cont.)
Expulsion of a Member Joumal Records
Roll Call Entries; Recorded Votes Voting, Explanation in Writing Recorded; Time to submit Voting, Excused From Vdting Pursuant Rules of the Senate Names of Absentees Noted in Journal Method of Voting Prohibited Acts and Pairing of Members
Refusal of any Senator present to vote, unless excused, contempt Vote of Presiding Senator Where Fixed Constitutional Vote Required
Time for Voting Voice Votes; verified by call of the roll Votes Required to Override Executive'Veto Art. III, Sec. V, Par. XI Votes Required to Propose Changes to Sblte Constitution Votes Required Relating to Ad Valorem Tax Exemptions Art.VII, Sec II, Par. II, IV Voting in Committee Meetings: Also See Committees Where No Rule Specifies Vote
51
166,171,179,180,181 177 175 (a) 49 169, 171 168, 176 170 18 168 173 182, 183 179,202
187 (c, d, k, I, u) 167
WITHDRAWAL OF A BILL OR Iq,SOLUTION FROM CONSIDERATION
WRITS, WA,RRANTS, SUBPOENAS JSSUEQ BY ORDER OF SENATE
RULE 99 RULE 101
YEAS AND NAVS Journal Entry Committees; Call for
Presiding Officer Orders
Senator Calls for Recorded Yea and Nay Votes; Sustained by 5 Members
RULES 171, 179, 180, 181, 193
187 (k) 22,171,207 171, 180
APPENDIX BEGINS NEXJ PAGE
23
ArfENDIX
Research References; Selected Citations of Official Code of Georgia Annotated.
1-3-4 Effective date of legislative Acts. 1-3-4. l Effective date; c ~ Acts requiring increased expendjtures- by ~ounties, cities. 1-3-11 Local referenda on abolisking offices or skortening or lengthening terms of office.
ADMINISJMTJYE REGULATJO!j ~ LEWSLATM REVIEW PQWEJ!S
Annual reports by State OfflciQls to Oeneral Assembly Meml>ers State Agency Rule-making procedures, notice to General Assembly
Legislative Over-ride
Q<;GA 45-6-4
45-20-3.l
50-134
AGlUCULTJJRE COMMISSIONf<B Notice of Pesticide Variance Applications to President, Comatt~ Chainnen
Annual Report, Ga. State Nutrition Assistance (SNAP) Pt:ogram
OCGA 2-7-113.l 2-17-5
APPORTIONMENT; QUALIFICATIONS FQB SINAII AND UOJlSE
Art. 111, Sec. J. Par. I
OCG,1. 28-1-1; 28-2-2
APPROPRIATIONS. CLAIMS AND EWANCI Ru~ 205.tbm 215
Appropriations Act; continuation; supplementary Acts Award of Grants in Appropriations Act Budget Message and Report From Governor 5 Days After Convening Budget Units Submit Annual Estimates, Periodic Work Progr~s to
Office of Planning and Budget Budgetary Oversight Committee
Legislative Budget Analyst Compensation for State Officials; Fiscal lmp~ct Note Emergencies Federal Assistance Projects; Analysis to General Assembly Fiscal Affairs Subcommittees Fiscal Bills Generally
Fiscal Impact Upon Local Governments Limitations Powers of General Assembly Regarding Appropriations
OCGA 45, Chapter t2
. . 28-5-4; 45-12-80 28-5-120thru 28-5-127
45-12-74
45-12-74, 78, 85 28-5-5; 45-12-88 45-12-178 28-5-1; 28-5-2 45-12-77 45-12-111 28-5-Art. 2 28-5-53 28-547.l 45-12-76 Art. III, Sec. IX
24
COMMITTEES, BOARDS, COMMISSIONS WJIICH HAVE LEGISLATOR APPOINTEES OCGA
Agricultural Exposition Authority
12-3-500
Airport Development Authority
6-4-5
Aquaculture Development Commiss~on
27-4-253
Anatomical Gift Procurement, Advisory Board
44-5-149
Atlantic States Marine Fisheries Commission
27-4-211
Aviation Hall of Fame Overview Committee
50-12-75
Budgetary Responsibility Oversight Committee
28-5-5
Criminal Justice Improvement Council
28-8-1
Code Revision Commission
28-9-2
Commission on Family Violence
19-13-32
Computer Equipment Disposal and Recycling Council
12-8-33.1
Conservation Corps Advisory Council
12-11-11
Distance Leaming and Telemedicine Network Governing Board
50-5-196
Education, Georgia Closing the Achievement Gap Commission
20-2-286
Education Commission of the States
20-6-21
Education Coordinating Council, Appointees to Governor's Study Commissions 20-14-1 l
Education Leadership Academy Advisory Board
20-2-23 l
Electronic Commerce Study Committee
50-29-12
Elections, Twenty-first Century Voting Cormission
21-2-301 (e) (1)
Erosion and Sediment Control Overview Council (SB 524/2000)
12-7-7. l (f) ( 1)
Fiscal Affairs Subcommittee
28-5-21
History and Historical Tourism, CommissiQP on (Repealed effective 12-15-2002) 45-13-58
Holocaust, Georgi~ Commission on; Senator as an Advisor
50-12-131
Interstate Cooperation, Commifiision on
28-6-1
Legislative Services Committee
28-4-1
Lottery Corporation, Legislativ~ Oversight Committee
50-27-34
MARTAIMARTOC Overview Committee
Ga. Laws 1987, p. 670
Medical Center Authority Overview Committee
20-15-15
Men's Health, Commission pn
31-43-4
Metropolitan Area Planning and Development Commissions
50-8-84
Music Hall of Fame Authority
12-3-550
North Georgia College Military Scholarships Selection Committee
20-3-423
OneGeorgia Authority Overview Committee
50-34-17
Rail Passenger Authority Overview Committee
28-10-1
Recreational Authorities Overview Committee
12-3-20
Roadside Enhancement and Beautification Council
32-6-75.1
Seed Development Commission Advisory Board
2-4-3
Southern Growth Policies Board
12-10-20
Southern States Energy Board
12-10-2
State Capitol, Commission on the Preservation of
50-16-5.1
State Ethics Commission
21-5-4
State Financing and Investment Commission, Membership of President
50-17-21
State-wide Child Abuse Panel
19-15-4
Technology Empowerment Fund Steering Committee, Appropriations Chairman 50-25-7.1
Tobacco Advisory Board (Tobacco Producers)
10-4-110
Tobacco Community Development Board Overview Committee
2-18-5
Water Resources; Joint Comprehensive Water Plan Study Committee
(SR 142/SB 130; Yr. 2001)
World Congress Center Authority Overview Committee
10-9-20
25
COMMITTED, STANDIN. .( RM;Wt AlNIRIJ'JIX.IBUJRINJ)
Occupational Regulation Legislmiori Review Council
'
Q&;fit
4)- \A-4
Regulatory Agencies; Assignment to Standing Committee
43-2-3
Elderly, Community Care and Services; Special Report
49-6-62
Electronic Commerce Study Committee, Georgia Technology Authority
50-29-12
Emergency Telephone System, Wireless Enhanced 911 Charges Joint Study Committee 46-5-139
Tobacco Community Development Board Overview Committee
2-18-5
COMMITTEES, BOAJIDS, COMMISIONS (CIJJZEN AfP91NIEES PX 5ENA1:I) OCGA
Agricultural Commodities Commission
2-8-14
Amateur Athletics, Georgia State Games Commission
50-2-43
Athlete Agent Regulatory Commission
43-4A-3
Center for Trade & Technology Tral)sfer, Board of Directors
20-3-84
Child Advocate Advisory Committee
15-11-177
Child Care Council
49-5-241
Children and Youth Coordinating Council
49-5-132
Civil War Commission
(SR 21, 1993)
Council on Aging
49-6-20
Education Commission of the States
20-6-21
Elections, State Board of; Elector Elected by Senate; Vacancy appointed
21-2-30
Elections, Twenty-first Century Voting Commission
21-2-301 (e) (1)
Electronic Commerce Study Cqmmittee; Information Technology
50-29-12
Forest Fire Protection, Southeastern Interstate Compact Advisory Committee
12-10-62
Georgia Technology Authority
50-25-2
Golf Hall of Fame; Appointees to Board and Authority
50-12-65 and 12-3-582
Hazardous Waste Management Authority
12-8-24
Holocaust, Georgia Commission on
50-12-131
Institute for Community Busin~ss Development, Board of Directors
50-30-5
Interstate Rail Passenger Advisory Council
32-11-5
Medical Center Authority, Georgia
20-15-3
Motor Vehicle Safety, Board of
40-16-3
Public Safety, Board of
35-2-1
Recycling Market Development Council
12-8-33
Small Business Assistance Advisory Council
50-5-123, 124
Small Business Stationary Source Technical and Environmental Compliance
Advisory Council
12-9-25
Soil Erosion & Sediment Control Overview Council; Highway Projects
12-7-7 (f) (I)
Southern Dairy Compact Comiission
2-20-2
Sports Hall of Fame Board
12-3-562
State Personnel Oversight Commission
45-24-3
State Commission on Compenl!ation
45-7-91
State Ethics Commissipn
21-5-4
State Properties Commission
50-16-32
Water Resources; Joint Compr~bensive Study Committee
(SR 142, 2001)
Water Resources; Metro N. Oa. Water Planning District Governing Board (SB 130, 2001) 12-5-575
Women, Georgia Commission on.
50-12p80
26
COMMJm:JCAJIONS Confidentiality between Office of Legislative Counsel and Certain Persons
OCGA 50-18-75
COMPENSATION RESQLUTIONS Small Claims Procedural Rules
OCGA 28-5-80 and 81 28-5-54
CONSTITUTIONAL AMENDMENTS PUIU,.ICATION l!OABP
Membership: Lt. Governor, Speaker and Governor
Art. X, Sec. I, Par. I
CONSTITUTIONAL BOARDS Nill COMMJIONS
Confinnation of Governor's Appointments by the Senate: State Board of Pardons and Paroles State Personnel Board State Board of Public Safety Veterans Service Board Board of Natural Respurces
Election of Members by the Se11ate:
State Transportation Board Election of Members by the People:
Public Service Commission
Art. IV. Sec. I thru VI Senate Rule 218
DEPARTMENT Of AUDITS AND AC~fl!JNI
Election of State Auditor by General Assembly Duties; request for special examinations
OCGA 50-6-1
ELECTIONS
OCGA
Inauguration of Governor
Joint Resolution Sets Ceremony Date During First Week Rule 197
45-12-2
Oath of Office
Rule 198, 199
Inauguration Recorded in House Journal
Rule 200
45-12-3
Lt. Governor; oath of office; assumes office after oath Rule 198, 199
45-12-4
Officers of the Senate
28-1-3
Constitutional Officers Elections Board
Rule 195
Membership; President Pro Tern, Secretary of the Senate, Chainnan of Each Standing
Committee; Speaker of the House as Chairperson convenes board.
Certify Returns on Tuesday following General Election
21-2-498a
State Officers Who Are Elected by Majority Vote Rule 196
Nominations of Certain State Officers
Rule 192
28-1-12
Election by Senate of Members to Certain State Boards, Commissions:
State Election Board
21-2-30
State Auditor
50-6-1
State Transportation Board
32-2-20
Votes Recorded for All Elections
Art. III, Sec. IV, Par. X
27
GENERAL ASSEMBLY; ORGANIZATION OF LEGlfiLATM BRANCH
The State Constitution, Art,111,.Sec. I, II,111, 1V
.....
Exercise of Powers, State Constitution, Sec. Vl, Art. III, Par. II
Elections
28- 1-1; 28-2-2
Loyalty Oath
45-3-1 and 11
Qualification of Members; Age and Residency
Art. III, Sec. II, Par. III
Resignations
45-5-5
Legislative Services Committee; Supervision of Operations
28-4-1 thru 28-4-9
Members; Daily Expense Allow~e . .
28-1-8; 45-7-4; 45-7-21
Organizational Rules of the Senate; Adoption; subsequent resolutions
Rule 217
Officers; 'President ofth~ Senate' Defined
Rule .1
HEALTH INSURANCE BENEFIT BJW Review Prior to Enactment; Duty'of Secretary of Sepate to Deliver
{)CGA 33-24-62
LEGISLATIVE COUNSEL, OFflCE Of Pow(l:rs and Duties
OCGA 28-4-3
LEGISLATIVE SERVICES COMMITTEE
OCGA 28-4-1 thru 28-4-9
Control, Authority, Jurisdiction over Rooms, Chambers, Offi~es, Empl,oyees
Employment of Legislative Fiscal Office and Budget Analyst
28-4-6
Office of Legislative Counsel
28-4-4
Determines Daily Expense AllQwance for Members (HB 101 in '99)
28-1-ij; 4~-7-4; 45-7-21 (b)
OVERVIEW COMMITTEES, DESIGNATION OF
Qi;GA 50-12-76; 50-12-79
MUNICIPALITIES; INCORPORATION OR ANNEXATION PILLS
POPULATION BU.L5; RESTRICTlONS
Art. lll, Sec. VI, Par. I
QCGA 36-31-5, 36-36-6
OCGA 28-1-15
PRIVATIZATJON; CONTRACTS BY EXECUTIVE 9RANCft; NOTICE TO PRESIDENT OF SENATE
OCGA 50-4-5
PROFESSIONS OR BUSINESSES. ~ILL~ TO LICENSE OB <;i,RTIFY
OCGA 43-lA-5
28
PROHIBITED ACTS Influencing of Legislative Action Acceptance of Office or Employment Lobbying, Prohibited Practices Contingent Compensation for Lobbyists Presence of Certain Persons on Floor of Senate Preventing or Disrupting Gen~ral Assembly Receipt of Remuneration in Regard to Inmates Restriction on Number of Offices Nominated Prior to Election Unlawful Compensation in Connection With Claims
OCGA 16-10-44 16-10-9
28-7-3 28-7-4; 21-5-Art.4 16-11-34.1 42-5-12; 42-9-17 21-2-136 28-5-62
PUBLIC OFFICIALS
REGULATORY AGENCIES ASSJGNED JO JANDJNG COMMI'ITEES
OCGA 28-3-20 OCGA 43-2-3
RETIREMENT LEGISLATION
Senate Rule 220
Introduction and Consideration; Procedural Rules
Non-Fiscal and Fiscal Bills
Regulates and Restricts Enactment of Bills
OCGA 47-20-30 and 31 47-1-10 47-20-30 and 31 47-20-1
SENATE RE(;OBJ)S. JOUJffiALS
Duties of Secretary of the Senate
Senate Rules I00, 103
Duties of Secretary of State; Original Acts; Preservation of Records
Distribution of Legislative lnfonnation
Records in Electronic Format; Georgia Technology Authority
Official Record of Proceedings
Art. III, Sec. V, Par. I OCGA 45-13-20 28-3-24.1 50-25-1
Art. Ill, Sec. V, Par. I
STATE AGENCIES; ANNUAL REPORT; LEGISLATIVE WfVIEW
OCGA 45-6-4; 45-20-3.1
STATE FIN~CING & INVESTMENT COMMISSION - Membership: Lt. Governor
STATE PROPERTIES ~OMMISSIQN
Conveyances of Public Real Estate; Submit Proposal to General Assembly Public Competitive Bidding Procedures
OCGA 50-16-34 50-16-39
,SUSPENSION, REMOVAL OF OfFICIALS JJrON FELONf fflDJCTMENT
Art. 2, Sec. III
VETOED LEGISLATION; Tfu\NSMISSION ORIGINATINQ HOUSE
Art. III, Sec. V, Par. XIII
VOTING
Art. III, Sec. V, Par. V & VI
29
Georgia State Senate 1/12/04
IMPORTANT DATES IN THE LEGISLATIVE PROCESS
Introduction - Last day to introduce and/or l st Read in Senate.
30th day - last day to introduce and l st read General Senate bills and resolutions in time for passage. 33rd day - last day to introduce and l st read General Senate bills and resolutions. (Rule l 05b). 36th day - last day to introduce and l st read local Senate bills and resolutions in time for passage. 33rd day - last day to l st read General House bills and resolutions. (Rule l 05b). 39th day - last day to 1st read Local House bills and resolutions in time for passage.
*Note: Senate bills and resolutions must be filed with the Secretary before 12:00 noon to be 1st read on the next legislative day.
Committee Report Deadlines - Last day to read favorable report in time for passage by both Houses in current year. Report must be submitted to Secretary of the Senate by convening.
31st day - General Senate bills and resolutions. 38th day - Local Senate bills and resolutions. 38th day - General House bills and resolutions. 40th day - Local House bills and resolutions.
Calendar Management Calendar automatically set by numerical order after 2nd reading of legislation; days l - l 0. (Rule 31 ). Rules Committee sets the calendar for days 11 - 40. (Rule 30).
General Senate Bills and Resolutions - time line for current year passage.
29th day - File with Secretary of the Senate. (Rule 105a). 30th day - 1st Reading and referral to committee. (Rule l 05a). 31'1 day - Favorable report by committee read upon convening. (A recommitted bill already 2nd read may be
reported on day 32.) 32"d day - 2nd Reading. (Rule 114). 33rd day - Passage (Rule 11 la) and immediate transmittal to House. (Rule 94c).
Local Senate Bills and Resolutions - time line for current year adoption.
35th day - File with Secretary of the Senate. 36th day - l st Reading and referral to committee. (Cannot pass for 2 days.) (Rule l 13a). 38th day - Favorable report by committee, passage and immediate transmittal to the House. (Rule 94c). 39th day - 2nd Reading in House. 40th day - Favorable report and passage in House.
General House Bills and Resolutions - time line for current year passage.
33rd day - l st Reading and referral to committee. (Rule l 05b). 38th day - Favorable report upon convening and 2nd reading. (Applies to days 36 - 38) (Rule 114). 39th day - Passage. (Rule 11 la). 40th day - Passage of bills or resolutions tabled on day 39 and removed from the table on day 40. ( Rule 11 la.)
Local House Bills and Resolutions - time line for current year passage.
39th day - 1st Reading and referral to committee. 40th day - Favorable report by committee and passage.
* Note: On the 33rd day and on the last three days of session, bills and resolutions needing action from the other house are automatically immediately transmitted. (Rule 94c).