|
of
the
|
||
|
Table of Content |
||
|
Rule 9 Rule 2 Rule 13 Rule 25 Rule 24 Rule 4 Rule 3 (a) and (b) Rule 5 Conference
Reports: Rule 10 |
Rule 12 Rule 27 Rule 6 Rule 11 Rule 22 Final
Adjournment of Rule 26 Rule 17 Rule 18 Rule 23 Rule 15 |
Passage, Adoption, Rule 16 Rule 28 Rule 8 Rule 7 Section Numbers of Compiled Laws - Amendments Rule 20 Rule 21 Rule 1 Filing with Secretary of State Rule 19 Rule 14 |
|
|
||
|
JOINT RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES Rule 1. All messages necessary for
conducting legislative business between the two houses shall be communicated
in writing and electronically by the Secretary of the Senate and the Clerk of
the House of Representatives. Rule 2. It shall be in the power
of either house to amend an amendment made by the other to any bill or
resolution. Rule 3. (a) The house not
concurring in the amendments of the other house shall appoint conferees and
notify the amending house of its action. The amending house shall request
return of the bill or resolution or appoint conferees. The conference
committee shall consist of three members from each house, to be appointed as
each house may determine. The first named member of the house in which the
bill or resolution originated shall be chairperson of the conference
committee. Upon appointment of conferees by both houses, the bill or
resolution shall be referred to the conference committee. When one house
amends or substitutes a bill that has been returned for concurrence from the
other house, but then non-concurs in that bill as amended or substituted,
those amendments or that substitute shall not be referred to the conference
committee. The conference
committee shall serve until the conference report has been adopted by both
houses or rejected by a house. (b) The conference committee shall
consist of committees of the two houses with those two committees voting separately
while in conference. The adoption of a
conference report shall require concurring majorities of the members of each
house. The conference committees of
the two houses shall vote separately while in conference. The majority of each committee shall
constitute a quorum of each committee and shall determine the position to be
taken toward the propositions of the conference committee. If the conferees
agree, a report shall be made which shall be signed by at least a majority of
the conferees of each house who were present and voted in the conference
committee meeting to adopt the report. The bill or resolution, including the
original signed conference report and three copies, shall be filed in the
house of origin where the question shall be on the adoption of the conference
report. If the conference report is adopted in the house of origin, the bill
or resolution, including the original signed conference report, and two
copies of the conference report shall be transmitted to the other house where
the question shall be on the adoption of the conference report. If the
conference report is adopted in the other house, the bill or resolution and
the original signed copy of the conference report shall be returned to the
house of origin and referred for enrollment printing and presentation to the
Governor, filing with the Secretary of State, or filing for record with the
Secretary of the Senate or Clerk of the House of Representatives. Rule 4. The conference committee
clerk shall be from the house of origin, who shall notify the Secretary of
the Senate and the Clerk of the House of Representatives of all scheduled
meetings for public posting and shall deliver written notice to each member
of the conference committee and the majority and minority leaders of each
house indicating the time and place of all scheduled meetings. Conference
committees on appropriation bills may use fiscal agency personnel from the
same house as the Chairperson for clerks. Rule 5. If the conference report
is rejected by the house of origin, it shall appoint second conferees and
notify the other house of its action. The procedure shall then be the same as
for an original conference. If the conference report is
rejected by the other house, it shall appoint second conferees, notify the
house of origin of its action, and transmit the bill or resolution to the
house of origin. Upon receipt of the bill or resolution, the house of origin
shall appoint second conferees and refer the bill or resolution to the second
conference committee. The procedure shall then be the same as for an original
conference. Rule 6. If the conferees are
unable to agree, a report of that fact shall be made to both houses. The report,
that the conferees were unable to agree,
shall be signed by at least a majority of the conferees of each house who
were present and voted in the conference committee meeting to adopt the
report. The bill or resolution, including the original signed conference
report that the conferees were unable to agree, and three copies shall be
filed in the house of origin. Both houses shall appoint second conferees, and
the house of origin shall refer the bill or resolution to the second
conference committee. The procedure shall then be the same as for an original
conference. Rule 7. When a second conference
committee fails to reach agreement, or when a second conference report is
rejected by either house, no further conference is in order. Rule 8. The conference committee
shall not consider any matters other than the matters of difference between
the two houses. For all bills making
appropriations, adoption of a substitute by either house shall not open
identical provisions contained in the other house-passed version of the bill
as a matter of difference; nor shall the adoption of a substitute by either
house open provisions not contained in either house version of the bill as a
matter of difference. When the conferees arrive at an
agreement on the matters of difference that affects other parts of the bill
or resolution, the conferees may recommend amendments to conform with the agreement. In addition, the conferees may also
recommend technical amendments to the other parts of the bill or resolution,
such as, necessary date revisions, adjusting totals, cross-references,
misspelling and punctuation corrections, conflict amendments for bills
enacted into law, additional anticipated federal or other flow through funding,
and corrections to any errors in the bill or resolution or the title. Adoption of
Conference Report. Rule 9. Conference reports shall
not be subject to amendments or division. The vote on conference reports
shall be taken by "yeas" and "nays" and shall require the
same number of votes constitutionally required for passage of the bill or
adoption of the resolution. Conference reports shall not be considered until
printed in the Journal. The Journal printing requirement may be suspended by
a house by a majority vote in that house, provided that a copy of the
conference report has been made available to each Member. Conference
Reports: Points of Order. Rule 10. Points of order regarding
conference reports shall be decided by the presiding officer, subject to an
appeal, which appeal shall be determined by a majority vote. When a
conference report is ruled out of order, the conference report is returned to
the originating conference committee with instructions to eliminate from the
report such matters as have been declared not within the powers of the
conferees to consider. Rule 11. At any time while in
possession of the bill or resolution, either house may
recede from its position in whole or in part, and the bill or
resolution upon request may be returned to the other house for that purpose.
If this further action is agreed to by both houses,
the bill or resolution shall be referred for enrollment printing and
presentation to the Governor, filing with the Secretary of State, or filing
for record with the Secretary of the Senate or Clerk of the House of
Representatives. Rule 12. If errors are found in a
bill or resolution which has been passed or adopted by both houses, the house
in which the bill or resolution originated may make amendments to correct the
errors and shall notify the other house of its action. If the corrective
amendments are agreed to by the other house, the corrected bill or resolution
shall be referred for enrollment printing and presentation to the Governor,
filing with the Secretary of State, or filing for record with the Secretary
of the Senate or Clerk of the House of Representatives. In addition, the Secretary of the
Senate and Clerk of the House of Representatives, as the case may be, shall
correct obvious technical errors in the enrolled bill or resolution,
including adjusting totals, misspellings, the omission or redundancy of
grammatical articles, cross-references, punctuation, updating bill or
resolution titles, capitalization, citation formats, and plural or singular
word forms. Rule 13. Upon introduction, no
bill shall include catch lines, a severing clause, or a general repealing
clause, as distinguished from a specific or an express repealing clause. The
Secretary of the Senate and the Clerk of the House of Representatives shall
delete such catch lines and clauses from all bills. The same joint resolution shall
not propose an amendment to the Constitution on more than one subject matter.
However, more than one section of the Constitution may be included in the
same joint resolution if the subject matter of each section is germane to the
proposed amendment. Rule 14. The yeas and nays shall
be taken and printed in the Journal of the house taking action upon the
passage or adoption of any bill, joint resolution, conference report, and
amendments made by the other house to a bill or joint resolution. Rule 15. In the event the
presiding officer and all members are absent on a day scheduled for meeting,
the Secretary of the Senate or the Clerk of the House of Representatives, as
the case may be, shall call that house to order at the designated time and
announce the absence of a quorum. That house shall be declared adjourned
until the succeeding legislative day and hour previously designated. In any event where either or both
houses of the Legislature adjourns to a date certain for more than two days,
a committee composed of the Majority Leader of the Senate and the Speaker of
the House of Representatives may, by a unanimous vote of that committee,
convene either or both houses of the Legislature at any time in case of
emergency. If a gubernatorial appointment
that is subject to the advice and consent process is made at a time such that
60 days would lapse during an extended recess of the Senate, the Senate
Majority Leader may schedule a session of the Senate for the sole purpose of
carrying out the Senate's constitutional duties to advise and consent on
gubernatorial appointments. No other action shall be taken by the Senate
during session convened under this provision. The Senate Majority Leader
shall notify the Secretary of the Senate at least 10 calendar days prior to
the date of the scheduled session, and the Secretary of the Senate shall take
all reasonable steps to notify the members of the Senate of the scheduled
session. Passage,
Adoption, and Enrollment Printing. Rule 16. Every bill passed or
joint resolution adopted by both houses and returned to the house of origin
shall forthwith be enrolled and signed by the Secretary of the Senate and the
Clerk of the House of Representatives. Enrolled bills shall be presented to
the Governor, and enrolled joint resolutions that propose an amendment to the
Constitution shall be filed with the Secretary of State with a certificate
attached to the effect that the joint resolution has been adopted by the
Senate and House of Representatives, respectively, in accordance with the
provisions of the Constitution. If the house having last passed the bill or
adopted the joint resolution requests its return and such request is granted
or a motion is made in the house of origin to amend errors in the bill or
joint resolution or to give the bill immediate effect, the enrollment printing
shall not occur. Every bill, joint resolution, and
concurrent resolution passed or adopted by either house shall be transmitted
to the other house unless a motion for reconsideration is pending. Rule 17. Whenever both houses, by
the constitutional vote, order that a bill take immediate effect, a statement
shall be added at the enrollment of the bill in words to this effect:
"This act is ordered to take immediate effect." Rule 18. Joint resolutions shall
be used for the following purposes: 1. Amendments to the Constitution
of 2. Ratification of amendments to
the Constitution of the 3. Matters upon which power is
solely vested in the Legislatures of the several states by the Constitution
of the Joint resolutions proposing
amendments to the Constitution of Michigan shall require a 2/3 vote of the
members elected and serving in
each house for adoption. Other joint resolutions shall require a majority of
the members elected and serving in each house for adoption. All joint
resolutions shall require a record roll call vote. Veto
Override: Filing with Secretary of State. Rule 19. When a bill is passed by
both houses over the objections of the Governor or a bill is not filed by the
Governor with the Secretary of State within the constitutionally mandated
14-day period, and the Legislature continues in session, an official enrolled
bill with a letter from the house of origin signed by the Secretary of the
Senate or the Clerk of the House of Representatives, as appropriate, shall be
filed with the Secretary of State for a public act number to be assigned. The
letter shall certify that the Governor's veto has been overridden by both
houses of the Legislature or that the bill has not been returned within the
specified time, as the case may be, in accordance with the provisions of the
Constitution. Section
Numbers of Compiled Laws - Amendments. Rule 20. The title of every bill
to amend or repeal existing laws shall be clear and explicit so as to
definitely fix what is proposed to be done. Such title shall refer to the act
number and the year in which it was passed. If the bill was passed at an
extra session of the Legislature, the title shall designate which extra
session. Such title shall contain the last
title of the act it is proposed to amend. However, the short title (e.g.,
This act shall be known and may be cited as "The revised judicature act of 1961,") shall be used in acts where it has
been defined by legislative enactment. The title shall also contain the
chapter, part numbers and compiler's section numbers, if any, and the year of
the compilation containing the same. Following the passage of a bill
with a short title, the house other than the house of origin shall replace
the short title with the last full title of the act it is proposed to amend
or repeal. Other corrective amendments to the title shall be made as may be
necessary. The full title and amended title shall be agreed to by both
houses. When an amendment to a bill or a
bill to amend an existing law is printed, words proposed to be added to such
law shall be printed in upper case bold type, and the words to be omitted
shall be printed in stricken-through type. This style requirement also applies
to joint resolutions that amend the Constitution of Michigan. All bills and joint resolutions
introduced, amendments to joint resolutions, substitute bills and joint
resolutions, and conference committee reports shall be approved as to form
and section numbers by the Legislative Service Bureau. Rule 21. A bill or resolution that
is tie-barred to a request number shall not be considered for passage or
adoption unless that tie-barred request item has been introduced. No bill or resolution shall be passed or
adopted by either house until the tie-barred item has been designated in the
appropriate blank space provided. Elections
in Joint Convention. Rule 22. Whenever there is an
election of any officer in joint convention, the result shall be certified by
the President of the Senate and the Speaker of the House of Representatives.
The results shall be announced by the presiding officers to their respective
houses, printed in the Journal of each house, and communicated to the
Governor by the Secretary of the Senate and the Clerk of the House of
Representatives. Rule 23. The initial appointment
of the standing committee members of the two houses shall be printed in their
respective Journals as soon as possible after the announcement. The Secretary
of the Senate and the Clerk of the House of Representatives shall prepare and
have printed a legislative handbook containing these appointments and other
information they deem appropriate. Rule 24. Compensation for members,
officers, and employees of the Legislature shall be delivered to the
Secretary of the Senate or Clerk of the House of Representatives, as the case
may be, and transmitted directly to the payee. If the office of a member of the
Legislature becomes vacant, the compensation for the elected successor shall
begin on the date of his or her oath of office. Rule 25. No committee created by concurrent resolution shall incur
expenses in excess of $2,500.00 unless
authorized in the resolution creating that committee. Final
Adjournment of Regular Sessions. Rule 26. In the regular session in
each year, this rule for adjournment shall govern. The Majority Floor Leader of the
Senate and/or the Majority Floor Leader of the House of Representatives shall
introduce a concurrent resolution providing for an adjournment schedule for
the Legislature for that regular session. Rule 27. Neither house shall
remain in session on any legislative day beyond Rule 28. Any business, bill, or
joint resolution which has not been defeated by either house shall be
considered pending under the provisions of Article 4, Section 13 of the
Constitution. It shall not be in order for
either house, by suspension of rules or any other means, to reconsider in a
subsequent year the vote by which any business, bill, joint resolution, or
veto override was defeated in a previous year unless there is a pending
motion to reconsider offered in the odd-numbered year. |