Documents > Archives > 2005 Senate Rules of Order (April 15, 2005) > Chapter 9

CHAPTER 9. PREFILING OF LEGISLATIVE INSTRUMENTS

Rule 9.1.  Time of prefiling; written consent of author

At any time between regular sessions but no later than 5 p.m. of the Friday before the first day of a regular session, senators may prefile with the Secretary legislative instruments which are proposed for introduction at the next session. However, no instrument shall be prefiled between final adjournment of the last regular session of a legislative term and promulgation of the returns of the general election for members of the legislature for the next succeeding term. After the promulgation of the election returns, any member-elect may pre-file instruments for introduction at the next regular session. No legislative instrument shall be prefiled without the written consent of the author or, in case of more than one author, the written consent of at least the primary author.

The Secretary shall number each prefiled instrument in the order in which he receives it with written direction to prefile. The requisite number of copies for introduction shall be delivered to the Secretary.

Rule 9.3.  Printing and distribution

The Secretary shall cause all prefiled bills to be printed or otherwise duplicated for distribution; he shall otherwise process such instruments for introduction when the session convenes. He shall make a copy of each legislative instrument prefiled with him available to any legislator, the news media, and any other person who requests a copy. He shall transmit a copy to each legislator who requests a copy.

The President shall refer each prefiled instrument to the appropriate standing committee in accordance with the Rules of Order of the Senate for presession study, hearing, and consideration of such instrument by the committee. At the time of the referral, the President shall notify the author in writing of the referral of the instrument, naming the committee to which the instrument has been referred. The referral, the date thereof, and the name of the committee of reference shall be entered in the Interim Calendar. If a senator notifies the President in writing within ten days after publication of the referral in the Interim Calendar and distribution of the calendar that he objects to the referral and states the reason for his objection, the President may reconsider the referral and may refer to another committee. If the President refers the instrument to another committee, he shall so notify the author and the chairman of both committees affected by his action in writing, and the Secretary shall enter the new referral in the next Interim Calendar.

Rule 9.5.  Authority of author to withdraw

A. The Secretary shall retain the original and requisite number of copies of the prefiled instrument necessary for introduction when the session convenes. He shall transmit copies thereof to the committee of reference.

B. The author of a prefiled instrument may withdraw it at any time prior to introduction by written request to the Secretary. In such case, the Secretary shall reclaim the instrument from the committee and enter its withdrawal in the Interim Calendar.

Rule 9.6.  Presession committee hearings

Prior to the session, standing committees may hold hearings and consider prefiled instruments referred to them if copies of such instruments have been made available and distribution of the Interim Calendar indicating the referral thereof has been made at least ten days before the meeting. However, if objection is raised, as provided in Rule 9.4, the original committee of reference shall not consider the instrument. If the President refers the instrument to another committee, the instrument shall not be considered until at least ten days after distribution of the Interim Calendar in which the entry indicating the second referral appears.

Rule 9.7.  Provisional reports

Prior to the session and in accordance with the rules of the Senate, a committee may determine the report it intends to make on any instrument; however, any such report shall be provisional and subject to change at a committee meeting during the session. The final report of the committee shall be the report it determines to make during a committee meeting held during the legislative session. The committee may file provisional reports with the Secretary, and he shall enter all such provisional reports in the Interim Calendar.

Rule 9.8.  Prefiled instruments not referred

An instrument received by the secretary for prefiling within five days before the convening of the session shall be numbered, printed, and distributed as otherwise provided in the rules, but shall not be referred to committee prior to the first day of the session.

Rule 9.9.  Introduction on first day of session

Each prefiled instrument shall be introduced and read on the first day of the session, as required by the constitution and by the rules of the Senate. In the case of prefiled instruments which have been referred to committee prior to the session, the Secretary shall announce and the Journal shall recite the committee reference on the day of introduction. At such time the author or any member may offer a motion for reference of the instrument to a different committee. Prefiled instruments which have not been referred to committee prior to the session shall follow their regular course.

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