STATE OF ARIZONA
|RULE 1 - Officers and Employees||RULE 16 - Order of Business|
|RULE 2 - The President||RULE 17 - Committee of the Whole|
|RULE 3 - The Secretary||RULE 18 - Sitting as in Committee of the Whole|
|RULE 4 - Sergeant at Arms||RULE 19 - Journals|
|RULE 5 - Members||RULE 20 - Proceedings on Nominations|
|RULE 6 - Questions of Privilege||RULE 21 - Messages|
|RULE 7 - Committees||RULE 22 - Amendments of the House|
|RULE 23 - Conference Committees and Reports|
|RULE 9 - Decorum and Debate||RULE 24 - Parliamentary Practice and Procedure|
|RULE 10 - Roll Call and Quorum||RULE 25 - Privileges of the Floor|
|RULE 11 - Motions||RULE 26 - Legislative Representatives|
|RULE 12 - Previous Question (Vote Immediately)||RULE 27 - Length of Session|
|RULE 13 - Reconsideration||RULE 28 - Amendment of Rules; Suspension of Rules|
|RULE 14 -Bills, Resolutions, Memorials, Engrossed Copies and Amendments||RULE 29 - Code of Ethics|
|RULE 15 - Voting||RULE 30 - Personal Financial Interest|
|RULE 15.1 - Electronic Roll Call System||RULE 31- Caucuses|
OFFICERS AND LEADERSHIP OF THE SENATE
|President Pro Tempore||
|Assistant Democratic Leader||
|Secretary of the Senate||
|Assistant Secretary of the Senate||
|Sergeant at Arms||
Officers and Employees
A. The officers of the Senate shall be a President, who shall be chosen from among the membership of the Senate, a Secretary, an Assistant Secretary, and a Sergeant at Arms.
B. There shall be such other employees as may be authorized by the Senate. The appointment, terms and conditions of employment, compensation, discipline, and discharge of employees of the Senate shall be determined by the President, subject to the approval of the Senate. Employees of the Senate are prohibited from lobbying during the term of their employment, and a violation of this rule will be sufficient cause for the summary discharge of the offending employees.
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The President shall have the following powers and duties:
A. The President shall take the chair on every legislative day precisely at the hour to which the Senate, at its last sitting, adjourned; immediately call the members to order and on the appearance of a quorum, cause the Journal of the proceedings of the last day's sitting to be read.
B. The President shall have control of the Senate Chamber, including seating assignments of members therein, all other parts of the Senate wing and all other areas and buildings used exclusively by the Senate.
C. The President shall preserve and maintain order and decorum.
D. The President shall sign all acts, addresses, joint resolutions, writs, warrants and subpoenas issued by the order of the Senate, and decide all questions of order, subject to an appeal by any member, on which appeal no member shall speak more than once, unless by permission of the Senate.
E. The President shall state all questions in the proper order in which they shall be disposed.
F. When a question is undebatable or when debate on a question is closed, the President shall state the question, calling first for the "Ayes" and then for the "Noes." If the President is in doubt, or a division is called for, the Senate shall divide; those in the affirmative of the question shall first rise from their seats, and then those in the negative. But on demand of two members a roll call of the Ayes and Noes shall be ordered at any time before such vote is made certain and declared.
G. The President shall have the right to vote, and on all questions the President shall vote last.
H. The President shall have the right to name any member as President Pro Tempore to serve during the President's absence, which appointment may extend throughout the session unless terminated by the Senate. The President may appoint any other member as temporary President Pro Tempore to serve for a limited period of time in the absence of the President and President Pro Tempore. In the absence or omission of such an appointment, the Senate shall proceed to elect a President Pro Tempore to act during the absence of the President.
I. The President shall appoint all standing committees, and all select committees unless otherwise ordered by the Senate by a majority of the members present, and shall appoint the chairman and vice-chairman of each such committee. The President shall be an ex-officio member of all committees, but shall not vote or sign reports from any committee except the committees of which the President is chairman. However, if the President is an appointed member of the Rules Committee, the President shall be a voting member of that committee. The President shall fill all vacancies on committees.
J. The President shall refer all proposed measures or other legislative matters to the appropriate committees. Every bill, resolution and memorial shall be referred by the President to one or more standing committees, except resolutions or memorials to be adopted by unanimous consent and House bills to be substituted on third reading pursuant to rule 11-H. All proposed measures or other legislative matters shall automatically be assigned to the Rules Committee without action upon the part of the President. If three-fifths or more of the members of the Senate petition the President to discharge committees from further consideration of a bill, resolution or memorial, the measure shall be withdrawn by the President from assigned committees which have not reported the measure. If a committee hearing has not been held on the measure, the President shall direct that a hearing be held by a committee within seven days and upon withdrawal or hearing, the matter shall be placed by the President on the active calendar of the Committee of the Whole. If the measure is reported favorably by the Committee of the Whole, it shall be placed by the President on the third reading calendar. If a discharge petition is presented to the President less than seven days before the Senate adjourns sine die, the President shall not be required to act upon the petition.
K. All debts incurred by the Senate, either during session or between sessions of the legislature, shall be subject to approval by the President and if so approved shall be paid by claims drawn on the Finance Division of the Department of Administration.
L. The office of the President shall keep the accounts for the pay, mileage and subsistence of members and attaches, and shall maintain these records for inspection by the membership.
M. The President is authorized to call meetings of standing committees of the Senate during periods when the Senate is not in session, and to approve claims for travel and subsistence incurred by members of such committees in attendance.
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The Secretary shall have the following powers and duties:
A. It shall be the duty of the Secretary to keep a Journal of each day's proceedings, and to provide a typewritten copy of the same for examination by the President. The Secretary shall each day prepare a calendar of the Orders and Business of the Day and a like calendar for the Committee of the Whole, and such other dockets and calendars as may be ordered, and shall cause a copy to be placed on the desk of each member, at or before the hour of convening.
B. The Secretary shall have the custody of all bills, resolutions, memorials, petitions, communications, or other measures, instruments and papers introduced in or submitted to the Senate, subject to such disposition thereof as may be provided by the rules of the Senate or the order of the President, and shall be held strictly accountable for the safekeeping of the same. The Secretary shall keep a record of all such measures or instruments, showing at all times the exact standing of each.C. The Secretary shall perform such other duties as may be required of the Secretary by the Senate or by the President.
D. The Assistant Secretary shall act under the direction of the Secretary and in the absence of the Secretary shall perform the duties of the Secretary.
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Sergeant at Arms
The Sergeant at Arms shall have the following powers and duties:
A. It shall be the duty of the Sergeant at Arms to attend the Senate and the Committee of the Whole during their sittings, to maintain order under the direction of the President or Chairman, to execute the commands of the Senate, and all processes issued by authority thereof, directed to the Sergeant at Arms by the Presiding Officer. Five minutes before the hour of the meeting of the Senate each day the Sergeant at Arms shall see that the floor is cleared of all persons, except those privileged to remain.
B. The Sergeant at Arms shall enforce the rules relating to the privileges of the floor and gallery, and perform such other duties as may be required of the Sergeant at Arms by the Senate or by the President.
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A. Every member shall be present within the Senate Chamber during its sittings, unless excused or necessarily prevented; and shall vote on each question put, unless the member has a personal financial interest in the question as set forth in Rule 30, or unless the member is excused from voting in accordance with Rule 15.
B. No Senator shall voluntarily be absent from the service of the Senate without leave of the President.
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Questions of Privilege
Questions of privilege shall be: First, Privilege of the Senate, which relates to the privilege and rights of the Senate collectively, its organization, safety, dignity, comfort and the integrity of its proceedings; second, Personal Privilege, which relates to the rights, reputation and conduct of the members individually in their representative capacity only; third, Personal Privilege which relates to matters personal to the members which may be received only by permission of the Senate or the Presiding Officer. Questions of privilege shall have precedence over all other questions, except motions to adjourn or recess, or the call of the Senate when no quorum is present.
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A. Standing Committees of the Senate shall consist of the following:
2. Commerce and Workforce Development
4. Federalism, Mandates and Fiscal Responsibility
6. Financial Institutions
8. Health and Human Services
10. Natural Resources
11. Public Safety, Military and Technology
13. Rural Affairs and Environment
14. State Debt and Budget Reform
16. Water and Energy
B. Committees of the Senate except the Rules Committee shall have the following powers and duties:
1. The first Senator named on a committee shall be the chairman thereof; the second shall be the vice-chairman. In the absence of the chairman, the vice-chairman shall have all the powers and duties of the chairman.
2. The Ethics Committee and each standing committee shall adopt rules of procedure consistent with the rules of the Senate. Committee rules shall require that the chairman vote last on a roll call vote. Committee rules may allow the vice-chairman to vote second to last on a roll call vote.
3. All committee meetings shall be open to the other members of the Legislature, the press and public so long as the proper decorum is maintained.
4. All committees will meet at regularly scheduled times and places. In the absence of the chairman, the vice-chairman shall preside. In the absence of both the chairman and vice-chairman some other committee member designated by the President shall preside. Special meetings may be called at the option of the chairman. However, such meetings shall be announced on the floor of the Senate in open session prior to the meeting. Regularly scheduled meetings can be cancelled or rescheduled only with the permission of the President.
5. A written agenda for each regular or special meeting containing all bills, memorials and resolutions to be considered thereat shall be distributed to each member of the committee and to the Secretary of the Senate at least five days prior to the committee meeting. A committee chairman may add a bill, memorial or resolution to a committee agenda by distributing a revised agenda to committee members and the Secretary of the Senate by 5:00 p.m. two days, excluding Saturdays and Sundays, prior to the committee meeting. Absence of a bill, memorial or resolution from the committee agenda will prohibit its consideration unless unanimous consent of all committee members is obtained. The action taken on every bill, memorial or resolution on the committee agenda shall be reported to the Secretary of the Senate at the conclusion of the meeting. It shall be the responsibility of the chairman to deliver the committee report for each bill, memorial or resolution that has been voted out of committee to the Secretary of the Senate as soon as the committee amendment is prepared. If there is no amendment, the committee report shall be delivered to the Secretary of the Senate not later than 5:00 p.m. on the day following the day the committee meeting adjourns.
6. A bill not on the chairman's agenda shall be scheduled by the chairman for discussion and committee action at the next subsequent committee meeting upon presentation to the chairman of a petition to schedule the bill, and upon filing a copy thereof with the Secretary of the Senate. A petition to schedule the bill must be signed by at least two thirds of the members of the committee.
7. A majority of the members of a committee shall constitute a quorum for the consideration of any matter referred to it.
8. The consent of all of the members of a committee shall be necessary to introduce any bill, resolution or memorial as a committee measure. The consent of a majority of the members of a committee shall be necessary to introduce any bill, resolution or memorial as a majority of committee measure. The consent of a majority of the members present on a committee shall be necessary to report any bill or other measure or matter referred to such committee. If a member opposes the report, he may file a minority report. A minority report shall bear the signature of any number of members joining in its recommendations and shall be considered the recommendations merely of the member or members signing the same.
9. Amendments proposed by a committee shall be clearly set forth as an attachment to the committee’s report and shall refer to the appropriate page and line of the original or engrossed bill or of another amendment if the amendment is proposed as an amendment to another proposed committee amendment. If the committee has adopted a rule addressing the submission of amendments to committee members, the chairman may preclude the offering of an amendment which does not comply with the rule, may without objection accept the amendment, or may postpone action on the measure until adequate notice has been given. No amendment to strike everything after the enacting clause and insert new material shall be in order unless notice of intent to offer such an amendment has been given by 5:00 p.m. two days, excluding Saturdays and Sundays, prior to the committee meeting at which the amendment is to be considered by delivering a copy of the proposed amendment to the office of each member of the committee and to the information desk and posting such notice and leaving a copy in the office of the Senate Secretary. The committee report shall be accompanied by a copy of any measure to which amendments are proposed to the committee.
10. A roll call vote shall be taken of the committee members at the request of a committee member upon any motion or amendment.
11. Except as provided herein, all Senate bills to be scheduled in accordance with paragraph 5 or 6 of this subsection shall be heard prior to Saturday of the week in which the sixtieth day from the beginning of each regular session falls. Except as provided herein, all House bills to be scheduled in accordance with paragraph 5 or 6 of this subsection shall be heard prior to Saturday of the week in which the ninetieth day from the beginning of each regular session falls. No committee except the Rules Committee shall hear a bill in violation of this paragraph without the written permission of the President.
12. All bills, memorials or resolutions referred to a standing committee shall be reported. Bills, memorials or resolutions which the committee has considered but on which no action has been taken and bills, memorials and resolutions which the committee has not considered shall be reported as such by the chairman of each standing committee at the last regular or special meeting of such committee for each session.
C. The Rules Committee of the Senate shall have the following powers and duties:
1. All powers and duties of other standing committees of the Senate listed in subsection B of this rule except those powers and duties inconsistent with this subsection.
2. On the first day following the convening of the first regular session of each Legislature, the President shall appoint the members of the Committee on Rules, and the said committee shall henceforth have authority to present proposed changes or additions to the rules which upon adoption by the Senate shall be deemed standing rules of the Senate.
3. The written agenda for the Rules Committee shall be the calendar for the Committee of the Whole. All other legislative matters shall be in order before the Rules Committee without written agenda.
4. Amendments proposed by the Rules Committee should be clearly set forth as an attachment to the Rules Committee report and shall refer to the appropriate page and line of the original or engrossed bill or of another amendment if the amendment is proposed as an amendment to another proposed committee amendment. Substantive amendments may be proposed by the Rules Committee only with the concurrence of the sponsor of a bill if sponsored by an individual or the committee chairman if sponsored by a committee. Corrective or technical amendments may be proposed. A proposed technical or corrective amendment which incidentally affects the substance of a bill or amendment shall require concurrence of the sponsor. No amendment to strike everything after the enacting clause and insert new material shall be offered in the Rules Committee.
5. The Committee on Rules shall consider the bill and proposed amendments thereto for constitutionality and proper form and the reasonable germaneness of any amendments. A bill including any amendments shall be presumed to contain one subject if:
(a) The resulting bill has one general purpose and all other matters contained therein are related to that purpose or necessary to effectuate the purpose.
(b) The resulting bill is a major revision of a program or agency and each of the provisions relates to the revision.
(c) The bill offers only technical or conforming changes to the statutes.
(d) The bill is an omnibus taxation or appropriation measure and each provision relates to the same general purpose of the bill.
(e) The bill is a result of a strike everything after the enacting clause amendment and substitutes material designed to accomplish only one purpose.
6. In addition to the powers and duties given to the Rules Committee elsewhere in the Senate Rules, the Rules Committee shall have such other powers and duties over legislative matters as are assigned by the President.
D. Any subcommittee of a standing committee may meet at any time upon the call of the subcommittee chairman without written notice, providing, however, that such meeting shall be announced on the floor of the Senate in open session prior to the meeting. A subcommittee may, without distributing a written agenda, consider any matter assigned to the subcommittee by the chairman of the standing committee.
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A. There shall be the following calendars of business reported from committees:
1. A calendar of the Committee of the Whole, upon which shall be placed all bills, resolutions and memorials reported by the standing or select committees except the Rules Committee, to which they have been referred and all bills, resolutions and memorials which have failed in Committee of the Whole, or which have been retained on the calendar. The calendar of the Committee of the Whole shall be prepared and filed in writing with the Secretary of the Senate.
2. An active calendar of the Committee of the Whole on which shall be placed those bills, resolutions and memorials designated by the President that have been reported by the Rules Committee and that are drawn from the calendar of the Committee of the Whole on the order of business of the day.
3. A unanimous consent calendar on which shall be placed those bills, resolutions and memorials designated by the Chairman of the Rules Committee and drawn from all bills, resolutions and memorials on the calendar of the Committee of the Whole that are unamended as reported by all standing committees to which they were referred. The unanimous consent calendar shall be dated, printed, placed on each member's desk and posted at the information desk 48 hours, excluding nonworking days, prior to being accepted. Any Senator may protest the inclusion of any bill, resolution or memorial on the unanimous consent calendar by submitting a protest in writing to the Secretary of the Senate during the 48-hour notice period. A protest timely submitted by any Senator shall automatically remove the bill, resolution or memorial from the unanimous consent calendar and return it to the calendar of the Committee of the Whole; provided, however, that a bill shall not be removed from the consent calendar for the purpose of proposing a strike everything after the enacting clause amendment. Bills, resolutions or memorials remaining on the unanimous consent calendar shall be placed on the Senate calendar.
4. A Senate calendar on which shall be placed all bills, resolutions and memorials reported with a "do pass" or ?do pass amended? recommendation by the Committee of the Whole and all bills, resolutions and memorials remaining on the unanimous consent calendar pursuant to paragraph 3.
5. An active Senate calendar on which shall be placed those bills, resolutions and memorials designated by the President and drawn from the Senate calendar for consideration by the Senate on the order of business for the day.
B. Measures shall be reported by the Committee of the Whole in the order and manner in which disposed of by that committee, and those approved shall be placed upon the Senate calendar for third reading in the order established by the President, and retained on the Senate calendar until finally disposed of.
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Decorum and Debate
A. When a Senator desires to speak, the Senator shall rise and address the Presiding Officer, and shall not proceed until the Senator is recognized, and the Presiding Officer shall recognize the Senator who shall first address the Presiding Officer. No Senator shall interrupt another Senator in debate without the Senator's consent, and to obtain such consent, the Senator shall first address the Presiding Officer.
B. The Senator who sponsors a measure, or the Senator's designee, shall have the right to open and close debate on such measure.
C. No Senator in debate shall, directly or indirectly, by any form of words, impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.
D. If any Senator, in speaking or otherwise, transgresses the Rules of the Senate, the Presiding Officer shall call the Senator to order; and when called to order the Senator shall sit down and not proceed without leave of the Presiding Officer or upon motion adopted by the Senate, that the Senator be allowed to proceed in order, which motion shall be determined without debate.
E. If a Senator be called to order for words spoken in debate, the exceptionable words shall, upon the demand of any Senator, be taken down in writing, and read at the table for the information of the Senate.
F. While the Presiding Officer is putting a question or addressing the Senate, no member shall walk out of or across the Chamber, nor, when a member is speaking, pass between the member and the Chair; nor remain by the Secretary's desk during the call of the roll for the counting of ballots; and the Sergeant at Arms is charged with the strict enforcement of this clause.
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Roll Call and Quorum
A. Upon every roll call the names of the members shall be called alphabetically by the surname, except when two or more have the same surname, in which case the district designation shall be added; and after the roll has been once called, the Secretary shall call in their alphabetical order the names of those not voting or who failed to respond.
B. A majority of the Senators elected shall constitute a quorum.
C. If, at any time during a session of the Senate, a question shall be raised by any Senator as to the presence of a quorum, the President shall forthwith direct the Secretary to call the roll and shall announce the result, and these proceedings shall be without debate.
D. Whenever it shall be ascertained that a quorum is not present a majority of the Senators present may order a call of the Senate, which order shall be determined without debate, and pending its execution, and until a quorum shall be present, no debate or other motion, except to adjourn, shall be in order. Upon approval of the order to call the Senate, the President shall direct the Sergeant at Arms to request, and, when necessary, to compel the attendance of the absent Senators.
E. When a quorum is present, a call of the Senate may be ordered by the President or by a majority of the members present to compel the attendance of the absent members. The Sergeant at Arms shall forthwith proceed to bring in absent members until two-thirds of the members elected to the Senate are present.
F. When a vote is being taken using the electronic roll call system, the provisions of Rule 15.1 shall supersede any provision of this rule which is inconsistent therewith.
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A. All motions shall be reduced to writing, if requested by the Presiding Officer or by any Senator, and shall be entered on the Journal with the name of the member making it, and shall be read before the same shall be debated.
B. Any motion or resolution may be withdrawn or modified by the mover at any time before a decision, amendment or ordering of Ayes and Noes, except a motion to reconsider, which shall not be withdrawn without leave of the Senate.
C. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.
D. When a motion or proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order, and it shall also be in order to offer a further amendment by way of a substitute amendment.
E. A question or an amendment containing two or more distinct and separate subjects may be divided upon the demand of any member. A motion to strike out and insert words, both relating to the same subject, and together accomplishing a single change in meaning, is indivisible.
F. When motions are made for reference of a subject to a select committee, or to a standing committee, the question of a standing committee shall be put first. A motion simply to refer shall not be open to amendment, except to add instructions.
G. Any motion improperly used for the purpose of delaying or obstructing business is a dilatory motion and may be ruled out of order by the Presiding Officer.
H. A motion to substitute a House bill for a Senate bill on third reading shall not be in order unless the Senate bill for which substitution is sought is identical to the House bill.
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Previous Question (Vote Immediately)
When the previous question is moved, adopted and ordered, it shall have the effect to cut off all debate and bring the Senate to a direct vote upon the immediate question or questions on which it has been ordered. The previous question may be moved with reference to a single motion, a series of motions allowable under the rules, or an amendment or amendments, or may be made to embrace all authorized motions or amendments and include the bill to its passage or rejection. It shall be in order, however, pending the motion for, or after the previous question shall have been ordered, for a motion to be made to commit or to recommit, with or without instructions, to a standing or select committee.
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A. When a question subject to reconsideration has been decided by the Senate by a recorded vote, any Senator who voted on the prevailing side may on the same day or the next day of actual session thereafter move a reconsideration. When a question subject to reconsideration has been decided by the Senate by a non-recorded vote, any Senator may, on the same day or the next day of actual session thereafter, move a reconsideration. If the Senate shall refuse to reconsider, or upon reconsideration shall affirm its first decision, no other motion to reconsider the question shall be in order unless by unanimous consent. A motion to reconsider shall be decided by a majority vote of the members present, and a motion to lay it on the table shall not be in order. If the motion to reconsider passes, the question reconsidered shall be determined at such time as the President directs.
B. When a bill, resolution, report, amendment, order or measure, upon which
a vote has been taken, shall have gone out of the possession of the Senate,
and shall have been sent to the House of Representatives, the motion to reconsider
shall be accompanied by a motion to request the House to return the same, which
last motion shall be acted upon first, and without debate, and if determined
negative shall be a final disposition of the motion to reconsider. If the motion to request return passes, the motion to reconsider cannot be considered until the question or measure is returned to the Senate by the House.
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Bills, Resolutions, Memorials, Engrossed
Copies, and Amendments
A. Bills, resolutions and memorials may be introduced by a member or a committee by presenting the original and three copies of such bill, resolution or memorial, unless additional copies are ordered by the President, to the office of the Secretary prior to 3:00 p.m. of the day immediately preceding the day of actual introduction. The name of the sponsor or sponsors shall be on the attached signature page of the bill. Introductions "by request" shall be so designated.
B. A bill introduced in the Senate may be cosponsored by House members.
C. Bills, resolutions and memorials may be introduced during the first 22 days of a regular session and during the first 10 days of a special session. Thereafter, with the exception of death resolutions, introduction may be allowed only with the permission of the Rules Committee.
D. Bills, resolutions and memorials may be prefiled by any member-elect for introduction in the first regular session during the period following the certification of election of members by the Secretary of State until the first day of the first regular session. Bills, resolutions and memorials may be prefiled for introduction in the second regular session during the period from November 15 next preceding the second regular session until the first day of the second regular session. Bills, resolutions and memorials may be prefiled for introduction in any special session during the period following the Governor's Proclamation until the first day of the special session, provided the bill, resolution or memorial is germane to the call. A bill, resolution or memorial shall be prefiled in the same manner prescribed for introduction. Bills, resolutions and memorials prefiled for introduction pursuant to this rule may be first read on the first day of the session. The name of the sponsor or sponsors shall be on the attached signature page of the bill, resolution or memorial at the time of prefiling.
E. The original of a bill, resolution or memorial introduced in the Senate shall be designated by brown backing, endorsed "original" and shall remain in the possession of the Secretary. The chairman of each committee to which a bill, resolution or memorial is referred shall receive one copy endorsed "Committee Copy." Subsequent copies shall be endorsed and distributed as the President directs.
F. Unless otherwise ordered by the President, not less than 250 copies nor more than 3,000 copies of any bill, resolution or memorial shall be duplicated.
G. All bills prepared for introduction which propose to amend existing statutes shall show the new language in capital letters (upper case) and the deletions shall be shown in regular type (lower case), lined through. New language to be added to the statutes shall be in capital letters (upper case).
H. The original and two copies of each engrossed measure shall be on paper of durable quality and each page of the original and two copies shall be stamped with the blind embossed stamp of the Senate. All engrossed pages not having a full complement of typed lines shall be marked from the end of the typed page to within one inch of the end of such page. The original Senate engrossed copy shall have a red backing. An engrossed measure ready for the third or final reading shall not be subject to amendment.
I. Unless otherwise ordered by the President, the Senate shall provide the House with not less than 125 copies and the Legislative Council with 5 copies of each amended engrossed Senate measure with a cover page or pages showing the page and line number of each adopted Senate amendment thereto. For Senate amendments to House measures the same number of copies shall be provided but may consist only of those pages containing the adopted Senate amendments and cover page or pages showing the page and line number of such Senate amendment. For unamended Senate measures the same number of cover pages shall be provided stating that the measure passed as introduced, which will be identical to the original and printed copies.
J. All bills, resolutions, memorials and engrossed measures shall be line-numbered and such numbering shall begin with the enacting clause. Uniform sized paper, 8 ?" x 11" shall be used.
K. Amendments shall have uniform headings and shall read "amendments to" and shall be in the same form as the original bill. The amendment shall refer to page and line number only and when referring to more than one line shall read "lines . . . . through . . . ." If everything after the enacting clause is stricken the amendment shall read "strike everything after the enacting clause."
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A. When the Ayes and Noes are ordered, the names of Senators shall be called alphabetically, and each Senator shall without debate, declare the Senator's assent or dissent to the question, unless the Senator declares a personal financial interest in the question or is excused by the Senate, and no Senator shall be permitted to vote after the decision shall have been announced by the Presiding Officer, but may for sufficient reason change the Senator's vote prior to such announcement. No motion to suspend this rule shall be in order, nor shall the Presiding Officer entertain any request to suspend by unanimous consent.
B. When a Senator declines to vote on the second call of the Senator's name, the Senator shall be required to assign the Senator's reasons therefor. If the reason assigned is other than a personal financial interest in the question or a substantial interest as defined in the statutory code which is not a personal financial interest in the question, the Presiding Officer shall submit the question to the Senate: "Shall the Senator for the reasons assigned by the Senator, be excused from voting?" which shall be decided without debate; and these proceedings shall be had after the roll call and before the result is announced and any further proceedings in reference thereto shall be after such announcement.
C. When a vote is being taken using the electronic roll call system, the provisions of Rule 15.1 shall supersede any provision of this rule which is inconsistent therewith.
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Electronic Roll Call System
A. In all cases where a rule of the Senate refers to "roll call," "roll call vote" or "recorded vote," such reference shall be understood to refer also to the taking of the vote by an electronic roll call system.
B. When taking attendance or recording the Ayes and Noes on any question to be voted upon, the electronic roll call system shall be used, unless it is inoperative, and when so used shall have the same force and effect as a roll call taken as otherwise provided in the Senate Rules. This rule may be suspended by a majority of the members present in which case the roll shall be called in accordance with Rule 10.
C. When the Senate is ready to vote upon any question requiring a roll call and the vote is to be taken by the electronic roll call system, the Presiding Officer shall announce: "You have heard the (motion or third or final reading) of (the matter to be voted upon). Those in favor will vote aye. Those opposed will vote no. The system is now open. The Senate will now proceed to vote."
D. If a Senator declines to vote, the Senator shall state the reasons therefore as required by Rule 15-B and the system shall not be closed until every Senator who is present has voted, explained the reason for not voting or been excused from voting.
E. When sufficient time has been allowed the members to vote, the Presiding Officer shall announce: "Have all the Senators voted? The system will now be closed. The system is now closed. The Secretary will now record the vote."
F. A Senator may change his vote after the roll call system has been closed and before announcement of the result, and not thereafter.
G. The Secretary of the Senate shall immediately start the recording equipment and, when completely recorded, shall confirm the result to the Presiding Officer, who shall announce the same to the Senate. The Secretary shall enter the vote in the Journal.
H. No member shall be permitted to vote unless present in person to cast his vote. No member shall vote for another, nor shall any person not a member cast a vote for a member.
I. When a vote is being taken by the electronic roll call system, this rule supersedes any provision in the Senate Rules inconsistent therewith.
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Order of Business
A. Unless otherwise ordered, the Senate shall convene every legislative day at 11:00 a.m., receive a prayer by the chaplain, recite the pledge of allegiance and continue in session until recess or adjournment.
B. The order of business shall be as follows:
Reading of the Journal
Business on the President's Desk
Petitions, Memorials, and Remonstrances
Orders of the Day
Introduction and First Reading of Bills
Reference of Bills
Second Reading of Bills
Reports of Standing Committees
Reports of Select Committees
Committee of the Whole
Report of the Committee of the Whole
Third Reading of Bills
Other Business of the Senate
C. The President shall, upon each day, announce to the Senate the business in order, agreeable to the order of business contained in subsection B of this rule; and no business shall be taken up or considered until the class to which it belongs shall be declared to be in order, nor after the order to which it belongs is closed, except by order of the Senate. All questions relating to the order of business shall be decided by a majority of the members present without debate.
D. Every bill shall be read by sections on three different days, unless two-thirds of the Senate deem it expedient to dispense with this rule. The vote on the final passage of any bill or joint resolution shall be taken by Ayes and Noes on roll call. Final passage shall be the final disposition of a bill by the Senate.
E. The Presiding Officer shall give notice at each reading, whether it be the first, second or third reading, and a Journal entry of the same shall be made by the Secretary.
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Committee of the Whole
A. In forming a Committee of the Whole, the President shall leave the Chair after appointing a chairman to preside. The chairman so appointed shall preserve and maintain order.
B. The calendar of the Committee of the Whole shall be taken up in regular order, or in such order as the committee may determine by a suspension of the rules, unless the order of the bill to be considered was determined by the Senate at the time of going into committee, but bills for raising revenue and the general appropriations bill shall have precedence.
C. A majority of the members of the Senate shall constitute a quorum to do business in Committee of the Whole.
D. The rules of the Senate shall be observed in the Committee of the Whole so far as applicable.
E. In the Committee of the Whole, bills and resolutions shall be read by the Secretary and considered item by item, unless otherwise ordered by the committee, leaving preambles or titles to be last considered. The body of a bill shall not be defaced or interlined, but amendments shall be noted by the chairman or Secretary upon a separate piece of paper and reported to the Senate.
F. The proceedings of the Committee of the Whole shall be taken down by the
Secretary of the Senate, acting as the Secretary of the Committee of the Whole.
The chairman of the Committee of the Whole shall in the chairman's report set
forth all actions of the Committee of the Whole.
G. When a bill or resolution is considered in the Committee of the Whole, the only regular motions which are in order are the following:
1. To propose amendments.
2. To limit debate.
3. To recommend.
4. To rise and report.
5. That the bill or resolution retain its place on the calendar.
6. That the bill or resolution be retained on the calendar.
H. A roll call vote shall be taken when a motion to recommend is defeated. No other roll call votes shall be taken in Committee of the Whole.
I. No proposed amendment in Committee of the Whole to strike everything after the enacting clause and insert new material shall be in order.
J. A motion to amend the Committee of the Whole report shall not be in order unless the proposed amendment to the report has been voted on in the Committee of the Whole.
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Sitting as in Committee of the Whole
The Senate may by majority vote of the members present sit as in Committee of the Whole for consideration of any subject except if the subject is a bill, memorial or resolution which has been considered in Committee of the Whole, the consideration shall be limited to technical changes.
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A. The proceedings of the Senate and of the Committee of the Whole shall be briefly and accurately stated in the Journal. Titles of all bills, resolutions and measures, and such parts as shall be affected by proposed amendments, readings, references, reports and every vote, motion and roll call, and a brief statement of the contents of each petition, memorial or paper presented to the Senate shall be entered on the Journal.
B. All confidential legislative and executive proceedings and the proceedings when sitting as a Court of Impeachment, shall be recorded in a separate book.
C. The protest or remarks of any Senator and reasons therefor shall be entered on the Journal, if presented in writing, but no protest or remarks shall exceed two hundred words in length without the consent of the Senate.
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Proceedings on Nominations
A. When nominations shall be made by the Governor of the State to the Senate, they shall, unless otherwise ordered, be referred to appropriate committees, and a standing committee. If the nomination is referred to the Rules Committee, the committee, upon consideration, may recommend to the President that the nomination be further referred to another standing committee or may place the nomination on a list of nominations awaiting confirmation by the Senate. If the Rules Committee recommends that the nomination shall be placed on a list of nominations awaiting confirmation by the Senate, the Rules Committee recommendation shall be dated and placed on each member's desk. If a member wishes during the first seven calendar days after action by the Rules Committee to object to the inclusion of the nomination without a hearing by a standing committee other than the Rules Committee, the member may do so by filing a protest in writing to the Secretary of the Senate during the seven day period. If a protest is filed, the President shall remove the nomination from the list and assign the nomination to an appropriate standing committee other than the Rules Committee. No nomination placed upon the list of nominations awaiting confirmation by the Senate shall be considered by the Senate until said nomination has remained on the list for seven calendar days. When a nomination is brought before the Senate, the final question on every nomination shall be, "Will the Senate advise and consent to this nomination?" which question shall not be put on the same day on which the nomination is received nor on the day on which it may be reported by a committee, unless by unanimous consent.
B. Nominations confirmed or rejected by the Senate shall not be returned to the Governor by the Secretary until the expiration of the time limit for making a motion to reconsider the same, or while a motion to reconsider is pending, unless otherwise ordered by the Senate by a majority of the members present.
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A. Messages from the Governor of the State, or from the House of Representatives, may be received at any stage of proceedings, except while the Senate is dividing, or while the Journal is being read, or while the question of order or a motion to adjourn is pending.
B. Messages shall be sent to the House of Representatives by the Secretary, who shall previously certify the determination of the Senate upon all bills, joint resolutions and other measures which may be communicated to the House, or in which its concurrence may be requested, and the Secretary shall also certify and deliver to the Governor of the State all resolutions and other communications which may be directed to him by the Senate.
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Amendments of the House
A. Any amendment by the House to any Senate bill shall be subject to one of the following motions or actions:
1. Concur in House amendment.
2. Refuse to concur in House amendment and appointment of Conference Committee, free or simple.
3. The President may refer the bill with the House amendment to a committee for study and recommendations of concurrence or refusal to concur.
B. Any amendment by the House which includes the addition of the emergency clause shall require a two-thirds vote of the members of the Senate for final passage with the emergency clause.
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Conference Committees and Reports
A. Conference Committees may be either simple or free. A Simple Conference Committee shall be limited to points of disagreement between the two Houses and shall not add unrelated new material, except to conform the provisions to other sections of the bill, enactments of the current session or procedural requirements. A Free Conference Committee may recommend striking amendments, compromising, or inserting something entirely new except that a Free Conference Committee may not recommend striking everything after the enacting clause and inserting new material.
B. Every conference report shall be accompanied by a detailed statement sufficiently explicit to inform the Senate what effect such amendments or propositions, if any, will have upon the measure to which they relate. A copy of each Conference Committee report shall be placed on each member's desk a reasonable time before consideration of the report. The presentation of reports of committees of conference shall always be in order, except when the Journal is being read or a question of order or a motion to adjourn is pending, or while the Senate is dividing; and when received the question of proceedings to the consideration of the report, if raised, shall be immediately put, and shall be determined without debate.
C. A Free Conference Committee shall not take final action on a Free Conference Committee report unless the measure has been heard in a public hearing of the Free Conference Committee.
D. A Free Conference Committee report on a bill which includes conference amendments may, upon the filing of the report in the Secretary of the Senate's office, be reassigned by the President to the Committee on Rules. If assigned to the Committee on Rules, the Committee on Rules shall consider such report for constitutionality and proper form and the reasonable germaneness of conference amendments. A bill including any amendments shall be presumed to contain one subject if:
1. The resulting bill has one general purpose and all other matters contained therein are related to that purpose or necessary to effectuate the purpose.
2. The resulting bill is a major revision of a program or agency and each of the provisions relates to the revision.
3. The bill offers only technical or conforming changes to the statutes.
4. The bill is an omnibus taxation or appropriation measure and each provision relates to the same general purpose of the bill.
E. Except as provided herein, conference committees shall consider a bill prior to Saturday of the week in which the ninety-seventh day from the beginning of each regular session falls. No conference committee shall meet to consider a bill after such time without the written permission of the President.
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Parliamentary Practice and Procedure
Parliamentary practice and procedure in the Senate shall take precedence in the order listed:
1. Constitutional provisions.
2. Senate Rules.
3. Statutory rules and provisions.
4. The rules of parliamentary practice and procedure as contained in Mason's Manual of Legislative Procedure.
5. Senate customs and usages.
6. General parliamentary law.
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Privileges of the Floor
A. Except by unanimous consent, or unless otherwise ordered by a two-thirds vote of the Senate, no person except members and officers of the Senate shall have the privileges of, or be admitted to the floor of the Senate Chamber at any time; provided, that the President may grant the privileges of the floor, subject to revocation in any instance by order of the Senate, to ex-members of the Senate, members of the House of Representatives and employees of the Senate. When the Senate is not in formal session, the President, upon application of a Senate Committee, may grant the use of the Chamber to such committee for a time certain for the purpose of holding committee hearings.
B. For the purpose of addressing the membership of the Senate while in session, the President may, upon request, approve such dignitaries as:
1. The President or past Presidents of the United States.
2. Members of the present United States Cabinet.
3. Ambassadors of or to the United States, and all present United States Senators and Congressmen.
4. The present Governor of Arizona.
5. The present Governor or Head of any other domestic or foreign state.
All other dignitaries may be introduced from the gallery or may be granted speaking time other than when the Senate is in session.
C. The main gallery shall at all times, except when the Senate is in closed executive session or the Senate or President shall order the galleries cleared, be open to the public, subject to the full observance of the rules of the Senate.
D. A press gallery shall be maintained, to which shall be admitted only duly accredited representatives of the press holding nontransferable cards issued by the President of the Senate and revocable at the discretion of the President of the Senate. Any press representative desiring admission to the press gallery shall make application to the President of the Senate for a pass, and shall accompany the application with a statement of facts of the representative's press connections, and with a request by the newspaper or news-gathering organization with which the representative is connected, for such pass. Not more than one such representative at a time shall occupy a seat in the press gallery if such seat is desired by the representative of any other accredited newspaper or news-gathering organization
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A. Any person desiring to be heard concerning legislation in behalf of any person, firm, association, organization, company or corporation shall first make application in writing to the chairman of the committee, stating the bill the person desires to present arguments upon, and whom the person represents.
B. The chairman may issue a permit which shall give such person the right to file with the committee having under consideration the bill or legislation regarding which the permit has been issued, written or printed briefs, statements or arguments. If so notified by the committee through its chairman, the person may appear before the committee in open public hearing and present arguments and testimony at the pleasure of the committee. Chairmen of committees shall, on request, give information regarding the holding of public hearings, and the time and place of the same, and committees may hold such public hearings as they desire.
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Length of Session
A. Except as provided herein, regular sessions shall be adjourned sine die no later than Saturday of the week in which the one hundredth day from the beginning of each regular session falls. The President may by declaration authorize the extension of the session for a period of not to exceed seven additional days. Thereafter the session can be extended only by the Senate by a majority vote of the members present.
B. If not considered in the regular session the General Appropriations bill, the General Capital Outlay bill and the University Capital Outlay bill may be considered in a special session which shall be called only for those purposes.
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Amendment of Rules; Suspension of Rules
A. The Senate Rules may be amended upon vote of the majority of the members of the Senate.
B. The Senate Rules may be suspended by a vote of a majority of the members present.
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Code of Ethics
A. No member shall:
1. Intentionally solicit, accept or agree to accept from any source whether directly or indirectly and whether by himself or through any other person any personal financial benefit, including any gift, for himself or another upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other action as a public official will thereby be influenced.
2. Disclose or use information designated by law as confidential in any manner prohibited by law.
3. Knowingly disclose or use, other than in the performance of his official duties, information gained as a result of his official position and which is not available to the general public, for his personal financial benefit or the financial benefit of any other person, including compensation from any employment, transaction or investment entered into that utilizes or is based upon such information.
4. Enter into any contract with a public agency for the sale of goods or services or have an interest in the profits or benefits of a contract entered into with a public agency by any other person or entity for the sale of goods or services, unless:
(a) The total gross annual income value of the contract is less than one thousand dollars, or
(b) The contract is entered into by a business of which the member, his spouse or any minor child of whom the member has custody, owns or controls, individually or combined, less than ten percent thereof, or
(c) The contract has been awarded through public and competitive bidding pursuant to law, or
(d) The subject of the contract between a member and a public agency is an appointment or employment for which an exception exists pursuant to article IV, part 2, section 4 or 5 of the Constitution of Arizona.
5. Appear for a fee on behalf of another person or entity before any public agency for the purpose of influencing such agency by use of threat to initiate or take an action in the discharge of his official duties that would be adverse to such agency.
6. Participate in any action of the Senate if the member has a substantial interest as defined in section 38-502, Arizona Revised Statutes.
B. For the purposes of this rule:
1. A member shall be deemed to "have an interest in the profits of a contract" if the contract is entered into by the member or his spouse or any minor child of whom the member has legal custody.
2. "Public agency" means all courts and any department, agency, board, commission, institution or instrumentality of this state but does not include counties, cities and towns or any other political subdivision.
3. "Business" includes any corporation, partnership, joint venture, sole proprietorship, business trust, enterprise, organization, trade, occupation or profession.
4. "Gift" includes any gratuity, special discount, favor, service, economic opportunity, loan or other benefit received without lawful consideration and not provided to members of the public at large but does not include political campaign contributions if such contributions are publicly reported as required by law.
5. "Fee" includes any compensation but does not include benefits received pursuant to law as a result of being a legislator.
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Personal Financial Interest
A. A member who anticipates taking an action in the discharge of his official duties in which he may have a personal financial interest shall:
1. Prepare a written statement describing the matter to be acted upon and the nature of the potential interest; and
2. Deliver a copy of the statement to the President, the Chairman of the Ethics Committee and the Secretary of the Senate. Such statement shall be retained by the Secretary of the Senate as a public record.
B. A member shall report a potential personal financial interest pursuant to subsection A as soon as the member is aware of such potential interest. If, however, such awareness occurs when the Senate is convened on the floor or during a meeting of a committee, subcommittee or caucus, a member shall report a potential personal financial interest as soon after the adjournment of that body as is practicable.
C. A member may abstain from taking any action in which he has a personal financial interest. Upon declining to participate in any legislative action on the floor, in committee or in subcommittee, the member shall, in addition to the requirements of subsection A, state his decision and the underlying reasons therefor and such decision shall be recorded in the Journal or minutes of that body.
D. A member in doubt as to the propriety of any action proposed to be taken by him and involving a potential personal financial interest under this rule may request the Ethics Committee to render an advisory opinion on the facts. The advisory opinion shall be issued not later than five days from the date of the receipt of that request and be filed with the President, the Chairman of the Ethics Committee and the Secretary of the Senate. Such opinion shall be retained by the Secretary of the Senate as a public record.
E. For the purposes of this rule:
1. "An action in the discharge of his official duties" means introduction, sponsorship, debate, amendment, passage, defeat, approval, consideration or any other official action on any bill, resolution, memorial, amendment, confirmation, nomination, appointment, report or any other matter pending or proposed in a committee, subcommittee, caucus or on the floor of the Senate.
2. A personal financial interest exists if it is reasonably foreseeable that an action in the discharge of his official duties will have a material financial benefit or detriment either directly or indirectly on the member, his spouse or any minor child of whom he has legal custody, except that no personal financial interest exists if the legislator or such member of his household is a member of a class of persons and it reasonably appears that a majority of the total membership of that class is to be affected by such action.
F. A member who has a substantial interest as defined by section 38-502, Arizona Revised Statutes, shall comply with title 38, chapter 3, article 8, Arizona Revised Statutes.
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All meetings of a party caucus consisting of members of the Senate shall be open to the public except organizational meetings to elect officers of the caucus and the Senate and meetings to discuss matters permitted in executive session as set forth in section 38-431.03, Arizona Revised Statutes. Each caucus shall establish procedures for convening authorized executive sessions.
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