SR1: Rules of Senate; establishing, previous provisions superseded.
RESOLVED by the Senate of Virginia, That the following are adopted as the Rules of the Senate to supersede all previous Rules of the Senate:
1. The presiding officer of the Senate shall be the Lieutenant Governor of the Commonwealth as the President of the Senate in accordance with Article V, Section 14, of the Constitution.
2 (a). There shall be elected by the Senate, on the first day of the session following the election of the Senate, a President pro tempore who shall serve for a term of four years and be a senior member in the Senate.
2 (b). In the event of the absence, disability or
vacancy in the office of the Lieutenant Governor, the President pro tempore
shall carry out the duties of the Lieutenant Governor as presiding
officer. Further, the President pro tempore shall be the Chairman Chair
of the Commission on Interstate Cooperation of the Senate.
2 (c). The President pro tempore shall have the right to name in open session, or if he is absent, in writing, a Senator to perform the duties of the presiding officer, but such substitution shall not extend beyond an adjournment of a daily session, except by unanimous consent of those present.
2 (d). In the event of a vacancy in the office of the Lieutenant Governor, or whenever the powers and duties of the Governor shall devolve upon the Lieutenant Governor, the President pro tempore shall have the right to name, in writing, a Senator to perform the duties of the presiding officer during his absence; and the Senator so named shall have the right to name, in open session, or in writing, if he is absent, a Senator to perform the duties of the presiding officer, but such substitution shall not extend beyond adjournment of a daily session, except by unanimous consent of those present.
3. The presiding officer, after taking the Chair pursuant to these Rules, and a quorum being present, shall cause the Journal of the preceding day to be read. The reading of the Journal may be waived by a majority of those Senators present and voting. The reading of the Journal may be waived at a reconvened session of a special session by at least two members present and voting, only if there is no business to consider in accordance to Article IV, Section 6 of the Constitution of Virginia. Any errors in the entries shall be corrected, and the Journal being found correct, shall be signed by the presiding officer for that day and the Clerk of the Senate. The Journals, when so signed, shall be the official records of the proceedings of the Senate.
4. If any question is put upon a bill or resolution, the presiding officer shall state the same without argument.
5. A member of the Senate shall be a Senator elected to
represent one of the 40 senatorial districts. A majority of Senators
shall constitute a quorum to do business; two may adjourn, and nine may order a
call of the Senate, send for absentees, and make any order for their censure or
discharge. However, not less than 16 may meet by proclamation of the Governor under
the provisions of Article IV, Section 8, of the Constitution. At a
special session or a reconvened session of a special session when there is no
business to consider in accordance with Article IV, Section 6 of the
Constitution of Virginia, two members may convene the Senate, dispense with the
reading of the Journal, recess or adjourn the Senate.
6. No Senator shall absent himself from the service of the Senate without leave.
7. The Senate shall elect 11 Pages representing each
of the Congressional districts and five Pages shall be appointed by the
following: one by the Lieutenant Governor; one by the President pro
tempore; one by the chairman chair of the caucus of the majority
party; one by the majority leader; and one by the minority leader. The
Pages shall be no less than 13 and no more than 14 years of age at the time of
election or appointment, shall be residents of the Commonwealth of Virginia,
and shall be elected or appointed for a term of one year. No Page shall
be eligible for reelection. Any such Page so elected or appointed may be
suspended or dismissed for cause by the Clerk of the Senate.
8 (a). A Clerk of the Senate shall be elected by the
Senate for a term of four years and shall thereafter continue in office until
another is chosen. The oath of office shall be administered to the Clerk
of the Senate by any person qualified by law to administer oaths. If a
vacancy in the office of Clerk of the Senate occurs when the General Assembly
is not in session, a successor shall be selected elected by the
Committee on Rules to serve until the first day of the next session, at a
meeting to be called by the ChairmanChair, or in his absence or
inability to act, the next senior member of such Committee able and willing to
do so. At least five days notice by certified mail of the time, place and
purpose of the meeting shall be given all members of the Committee, and, at
such meeting, the person receiving the votes of a majority of the members present
and voting shall be elected to fill the vacancy.
8 (b). The Clerk of the Senate shall be the custodian of the public seal and design of armorial bearings of the Senate.
8 (c). The Clerk of the Senate shall be the custodian of
all records and papers of the Senate and the Clerk shall not suffer any such
records or papers to be taken from the Clerk's desk or out of the Clerk's
custody by any person except the Chairman Chair or the clerk of a
Committee, or any Senator on taking receipts for same. Amendments agreed
to by the Senate shall be handled only by the Clerk of the Senate, or staff
members designated by the Clerk.
8 (d). It shall be the duty of the Clerk of the Senate to refer all bills and resolutions to the appropriate standing Committee or the Committee on Rules as provided in these Rules. If there is any objection as to the referral by the Clerk of the Senate of any bill or resolution to any standing committee or the Committee on Rules, the Committee on Rules shall hear the same, resolve the issue and report to the Senate.
8 (e). The Clerk of the Senate shall prepare a list of
the Senators in order of seniority. Seniority shall be based upon longest
continuous service in the Senate. However, if a Senator has previous
interrupted service in the Senate, then the beginning date of such previous
Senate service shall qualify the Senator for seniority before those Senators
elected at the same time not having previous service in the Senate, and if a
Senator has previous service in the House of Delegates then the beginning
date of such House serviceseniority shall be based upon longest
continuous service in the House of Delegates and shall qualify the Senator
to seniority before those Senators elected to the Senate at the same time not
having previous service in the House of Delegates. Senators elected at
the same time without previous service in the Senate or House of Delegates
shall have their seniority determined by a public drawing of lots, conducted by
the Clerk of the Senate, to which all Senators involved shall be invited to
attend. After the name of each Senator there shall be indicated the name
of the political party under which the Senator was elected or abbreviation of
the same; e.g., "Rep." or "Dem." If a Senator was not
elected as a nominee of a political party, then such Senator shall be listed as
an Independent, or "Ind."; however, if any Senator is elected at a
special or general election and such Senator has, prior to such election,
declared himself in writing a member of a political party during and prior to
such election and the political party of his choice did not hold a convention
or call a primary election for such election, such Senator shall be listed as a
member of the party of which he declared himself a member.
8 (f). The Clerk of the Senate, after the election of
Senators, shall assign chamber desks to the individual Senators with the
Senators elected as members of the majority party in the Senate in the chamber
area beginning at the north south side of the chamber until all
such desks have been assigned, and then the Senators elected as members of the
minority party in the Senate, and then any Senator not elected as a member of
the two major political parties. The Clerk of the Senate shall also assign
office space in such buildings as may be made available for the use of the
Senate. Whenever feasible, the Clerk of the Senate shall give due
consideration in assigning chamber desks and office space to the seniority and
request of a Senator. However, the chamber desk or office space of a
Senator having immediate prior service in the Senate shall not be reassigned
unless he shall so request the Clerk of the Senate.
Should any Senator, however, during his term of office, cease
to be a member of the political party of which he was a member at the time of
his election either by self-declaration as confirmed by a two-thirds
majority of the members elected to the Senate, or through other conduct as
confirmed by a two-thirds majority of the members elected to the Senate, or if
a special election results in a change of political party membership, the Clerk
of the Senate, upon such change in political party membership, is authorized to
reassign chamber desks and office space accordingly.
8 (g). The area of the General Assembly Building assigned to the members of the Senate, their legislative support staff, the staff of the Senate, the facilities and space for those charged with the maintenance, repair, and security of such building, and such space designated for the news media shall not be utilized or occupied as office space by any other person or persons, except by vote of the Committee on Rules.
8 (h). During the sessions, the Clerk shall provide postage,
as approved by the Committee on Rules, and office supplies for official use
by the Senators. Postage provided for use by members of the Senate
during the sessions of the General Assembly shall be used as necessary to carry
out the legislative duties of such members, and shall not be used for the
purpose of mailing newsletters. A newsletter is a written communication
that is more than one page in length, the contents cover more than one topic,
and 500 or more copies are requested to be printed in a calendar year.
9. The Journal of the Senate shall be daily drawn up by the Clerk of the Senate, and shall be read the succeeding day, unless the reading thereof is waived as provided in these Rules; it shall be printed under the supervision of the Clerk of the Senate and delivered to the Senators without delay.
10 (a). The Clerk of the Senate shall appoint a
chief deputy clerk and such staff as necessary to perform the work of the
Senate. The Clerk may also appoint such number of messengers as may be
required. The Clerk of the Senate shall also appoint such committee clerks as
may be necessary after consultation with, and the approval of, the Chairmen Chair
of the Committee on Rules and the Chairs of the several Committees.
The Clerk of the Senate shall also appoint such additional committee staff as
may be necessary after consultation with, and the approval of, the Chair of
the Committee on Rules. All committee clerks so appointed shall
remain in the Capitol or other legislative facilities during the daily sessions
of the Senate, and committee clerks shall be assigned for duties with various standing
Committees by the Clerk of the Senate, after consultation by the Clerk of the
Senate and with the approval of the Chairman Chair of each such
Committee. Additional committee staff shall be assigned for duties with
various standing Committees by the Clerk of the Senate, after consultation
with, and the approval of, the Chair on the Committee on Rules and
the Chair of the respective Committee. Each clerk shall perform any
other duties that the Clerk of the Senate shall require, when not employed by
their respective standing Committees. Clerks may be removed by the Clerk
of the Senate, after consultation with, and the approval of, the Chairman Chair
of the Committee on Rulesof the Committee to which such clerk is
assigned. Additional committee staff may be removed by the Clerk of
the Senate, after consultation with, and the approval of, the Chair of the Committee
on Rules. The Clerk of the Senate shall have supervision over all
employees of the Senate. During sessions, the Clerk shall provide postage
and office supplies for official use by the Senators.
10 (ab). The Clerk of the Senate shall be
the clerk to the Committee on Rules.
11 (a). Before reading each bill or resolution by title, the Clerk of the Senate shall announce, either by individual bill or resolution or en bloc, whether it is the first, second, or third time of such reading.
11 (b). The Clerk of the Senate shall keep at the Clerk's desk, during the sittings of the Senate, a calendar which shows the business of the Senate. The Clerk shall have printed and placed on the desk of each member, before the assembling of the Senate each day, a calendar of pending bills and resolutions. The Clerk shall prepare a list of all bills and resolutions offered on the preceding day, with the names of the patrons, titles of the bills or resolutions, and the Committees to which the same have been referred under these Rules.
12. It shall be the duty of the Clerk of the Senate, without special order therefor, to communicate to the House of Delegates any action of the Senate upon business coming from the House of Delegates, or upon matters requiring the concurrence of that body, but no such communication shall be made in relation to any action of the Senate while it remains open for consideration.
13. The Clerk of the Senate shall, at the beginning of the term after the election of Senators, have printed and bound with the manual and rules, etc., the Constitution of Virginia and the Constitution of the United States for the use of the Senators. Supplements to said manual shall be issued as circumstances may require.
14 (a). Whenever the Clerk of the Senate is absent, the chief deputy clerk appointed pursuant to law and these Rules shall exercise the powers and perform the duties conferred and imposed upon the Clerk of the Senate by law and these Rules, by and with the consent of the Committee on Rules.
14 (b). In the discharge of all the duties assigned to the Clerk, and such other duties as the Clerk may from time to time undertake, the Clerk shall be subject to the direction of the Committee on Rules.
15. A Sergeant-at-Arms shall be elected by the Senate, and shall continue in office at the pleasure of the Committee on Rules for a term not exceeding four years. Except as otherwise provided by these Rules, his duties shall be prescribed by the Committee on Rules.
16. Except by order of the Senate, no Senator shall be taken into custody by the Sergeant-at-Arms on any grounds other than to quell a breach of the peace until the matter is examined by the Committee on Privileges and Elections and reported to the Senate.
17 (a). The Doorkeepers shall be constantly at their post during the daily sessions of the Senate and shall permit no one to enter freely or remain upon the floor of the Senate during the daily session, except the President of the Senate; members of the General Assembly; officers and employees of the Clerk of the Senate and the Clerk of the House of Delegates; and, representatives of the news media in such numbers as may be seated in accommodations provided for them at the press tables. The Committee on Rules shall consider and determine all matters concerning the news media in the Senate Chamber.
17 (b). Members of a Senator's family and such persons
whom a Senator may invite shall be entitled to seats in a reserved section of
the gallery. Representatives of the news media who cannot be accommodated
with seats at press tables on the floor may also be entitled to seats in a
reserved section of the gallery. The Committee on Rules shall consider
and determine all matters concerning the news media in the Senate Chamber.
17 (c). Fifteen minutes prior to the convening of every daily session, the Sergeant-at-Arms shall clear the floor of the Senate of all persons other than those who are authorized to be there during each session and shall not permit unauthorized persons upon the floor of the Senate for five minutes following the conclusion of every daily session.
17 (d). Interviews are not allowed in the Senate Chamber during the daily session or during the recesses during the daily session. Interviews in the Senate Chamber shall end 15 minutes prior to the scheduled start of the daily session and shall not commence until five minutes after the adjournment of the daily session.
17 (e). Whenever any person requests an interview with a Senator or the Clerk of the Senate, a Doorkeeper shall send the request by a Page.
17 (f). A Doorkeeper shall direct all persons not entitled to entry on the floor of the Senate, as set out above, to the gallery of the Senate.
18. At the commencement of each session after the
election of Senators, members shall be elected to the following standing
Committees and the Committee on Rules a nominations report shall be
submitted by the majority caucus to elect members to the standing Committees
and the Committee on Rules for a term current coincident with their
term of office in such numbers as hereinafter set forth:. Such
members shall be elected by a majority vote of those present and voting. The
President of the Senate shall be empowered to break a tie vote, where there is
an equal division among the Senators, on matters pertaining to committee
assignments and other matters relating to the organization of the Senate.
18 (a). A Committee on Agriculture, Conservation and Natural Resources, 15 Senators, to consider matters concerning agriculture; air and water pollution and solid waste disposal; conservation of land and water resources; crustaceans and bivalves; all matters of environment, forest, fresh and salt water fishing, game, mining, parks and recreation, and petroleum products.
18 (b). A Committee on Commerce and Labor, 15 16
Senators, to consider all matters concerning banking; commerce; commercial
law; corporations; economic development; industry; insurance; labor;
manufacturing; partnerships; public utilities, except matters relating to
transportation; tourism; workmen's compensation and unemployment matters.
18 (c). A Committee for Courts of Justice, 15 Senators, to consider matters relating to the Courts of the Commonwealth and the Justices and Judges thereof, including the nominations of such Justices and Judges where provided by the Constitution and statutes of Virginia; and all matters concerning the criminal laws of the Commonwealth; together with all matters concerning contracts, domestic relations, eminent domain, fiduciaries, firearms, garnishments, homestead and all other exemptions, immigration (with the exception of matters relating to the powers of the Governor or education), magistrates, mechanics' and other liens, notaries public and out-of-state commissioners, property and conveyances (except landlord and tenant and condominium matters), wills and decedents' estates.
It shall report to the Senate the names of such persons as it
shall find qualified for election as a Justice or Judge of the
Commonwealth. Senators, all or part of whose Senate Districts are within
the Circuit or District for which a Judge is to be elected, shall jointly nominate
a qualified person for such election by affirmation of a majority of such
Senators on a form provided by the Clerk of the Senate. If such
Senators are unable to agree on a nominee, a Senator shall only nominate a
person deemed qualified by the Committee for Courts of Justice for any judicial
position.
Whenever a vacancy in the office of a justice of the Supreme
Court or judge of the Court of Appeals is announced, the Chairman Chair
of the Committee for Courts of Justice shall establish a date certain by
which any Senator may forward the name of any potential nominee for such office
to the ChairmanChair.
18 (d). A Committee on Education and Health, 15 Senators, to consider matters concerning education; human reproduction; life support; persons under disability; public buildings; public health; mental health; mental retardation and health professions.
18 (e). A Committee on Finance, 15 Senators, to consider matters concerning auditing; bills and resolutions for appropriations; the budget of the Commonwealth; claims; general and special revenues of the Commonwealth; all taxation and all matters concerning the expenditure of funds of the Commonwealth.
18 (f). A Committee on General Laws and Technology, 15 Senators, to consider matters concerning affirmation and bonds; the boundaries, jurisdiction and emblems of the Commonwealth; cemeteries; condominiums; consumer affairs; fire protection; gaming and wagering; housing; inter- or intra-government information technology applications and uses other than those proposed or used to support the operations of the General Assembly or the Senate; land offices; landlord and tenant; libraries; military and war emergency; nuisances; oaths; professions and occupations (except the health and legal professions); religious and charitable matters; state governmental reorganization; veterans' affairs; warehouses; and matters not specifically referable to other Committees, including, but not limited to, matters relating to technology, engineering, or electronic research, development, policy, standards, measurements, or definitions, or the scientific, technical, or technological requirements thereof, except for those affecting the operations of the General Assembly or the Senate.
18 (g). A Committee on Local Government, 15 Senators, to consider matters of local government in the counties, cities, towns, regions or districts, planning boards and commissions and authorities, except matters relating to the compensation of elected officeholders, where funds of the Commonwealth are involved.
18 (h). A Committee on Privileges and Elections, 15 Senators, to consider matters concerning voting; apportionment; conflict of interests, except those concerning members of the judiciary or solely the legal profession, provided that any such matter, after being reported by the Committee, shall be rereferred by the Committee to the Committee for Courts of Justice for consideration of the matters relating only to members of the judiciary or solely to the legal profession; constitutional amendments; elections; elected officeholders; reprimand, censure, or expulsion of a Senator; and nominations and appointments to any office or position in the Commonwealth (except Justices and Judges of the Commonwealth). It shall consider all grievances and propositions, federal relations and interstate matters. It shall examine the oath taken by each Senator and the certificate of election furnished by the proper office and report thereon to the Senate. It shall review and report as may be required in cases involving financial disclosure statements and shall recommend disciplinary action by majority vote where appropriate. It shall report in all cases involving contested elections the principles and reasons upon which their resolves are founded. It shall determine and report on all matters referred to it by the Senate Ethics Advisory Panel as set forth in the statutes.
Whenever the Clerk receives a report of the Senate Ethics
Advisory Panel or a resolution seeking the reprimand, censure, or expulsion of
a Senator, he the report shall be referred
forthwith to the Committee on Privileges and Elections. The Committee
shall consider the matter, conduct such hearings as it shall deem necessary,
and, in all cases report its determination of the matter, together with its
recommendations and reasons for its resolves, to the Senate. If the
Committee deems disciplinary action warranted, it shall report a resolution
offered by a member of the Committee to express such action. Any such
resolution reported by the Committee shall be a privileged matter. The
Senate as a whole shall then consider the resolution, and, by recorded vote,
either defeat the resolution or take one or more of the following actions: (i)
reprimand the Senator with a majority vote of the Senators present and voting;
(ii) censure the Senator and place the Senator last in seniority with a
majority vote of the elected membership of the Senate; (iii) expel the Senator
with a two-thirds vote of the elected membership of the Senate; or (iv) refer
the matter to the Attorney General for appropriate action with a majority vote
of the Senators present and voting, in the event the Senate finds a knowing
violation of § 30-108 or subsection C of § 30-110 of the Code of Virginia.
18 (i). A Committee on Rehabilitation and Social Services, 15 Senators, to consider matters concerning alcoholic beverages; correctional and penal institutions; morals; social services and welfare; and substance abuse.
18 (j). A Committee on Transportation, 15 Senators, to consider matters concerning airports; airspaces; airways; the laws concerning motor vehicles relating to rules of the road or traffic regulations; heliports; highways; port facilities; public roads and streets; transportation safety; public waterways; railways; seaports; transportation companies or corporations; and transportation public utilities. Any matter relating to rules of the road or traffic regulations which include a change in a penalty shall be rereferred by the Committee to the Committee for Courts of Justice.
19 (a). A Committee on Rules, which shall be in addition to
the foregoing standing Committees, 17 Senators, consisting of the
standing Committee Chairs; the President pro tempore, if the person is not a
Chair; the Majority Leader, if the person is not a Chair; the Minority Leader;
and members other Senators to comprise the not more
than 17. The Chair of the Committee on Rules shall not be Chair of
any standing Committee. The Committee shall consider all resolutions amending
or altering the Rules of the Senate; all joint rules with the House of
Delegates; all bills and resolutions creating study committees or commissions;
and all other resolutions (except those of a purely procedural nature, those
concerning nominations and appointments to any office or position in the
Commonwealth including the nominations of Justices and Judges, and those
concerning constitutional amendments). The Committee may report such bills or
resolutions with the recommendation that they be passed, or that they be
rereferred to another Committee. In considering a bill or resolution, the
Committee is empowered to sit while the Senate is in session. There shall be a
subcommittee of the Committee, consisting of the Chair and six members
appointed by the Chair to equal the number of House members appointed to the
subcommittee, which shall exercise on behalf of the Committee such powers
as are delegated to the Committee when acting jointly with the Committee on
Rules of the House of Delegates or a subcommittee thereof.
19 (b). If there is any objection as to the referral by the Clerk of the Senate of any bill or resolution to any standing Committee or any matter relating to the Office of the Clerk, the Committee on Rules shall hear the same, resolve the issue and report to the Senate.
19 (c). The Chair of the Committee on Rules,
in consultation with the Clerk, shall consider and determine all matters
concerning the news media in the Senate Chamber; all policies concerning travel
expenses and reimbursements; all matters concerning joint assemblies with the
House of Delegates and such persons, not members of the Senate, who are to be
permitted to address the Senate; and all matters concerning the utilization of
the facilities available to the Senate and its membership. It The
Chair, in consultation with the Clerk, shall prescribe the duties not
otherwise prescribed for the Clerk, Sergeant-at-Arms, and Doorkeepers. It
The Chair, in consultation with the Clerk, shall approve the
appointment, removal, and assignment for duties of the additional committee
staff authorized in Rule 10 (a).
19 (d). The Committee on Rules shall from time to time prescribe such requirements as will expedite the flow of the work of the Senate, all such requirements being subject to the approval of the Senate.
19 (e). Postage provided for use by members of the
Senate during Sessions of the General Assembly shall be used as necessary to
carry out the legislative duties of such members, and shall not be used for the
purpose of mailing newsletters. A newsletter is a written communication that is
more than one page in length, the contents cover more than one topic, and 500
or more copies are requested to be printed in a calendar year.
19 (f)(e). The Chair of the Committee on
Rules shall appoint a subcommittee to review the financial disclosure
statements filed annually by members or candidates and shall determine whether
each statement is correct and complete as filed or requires correction,
augmentation, or revision by the member or candidate involved, who shall be
directed in writing to make the changes required within such time as shall be
set by the Committee.
Additional review shall be made of any financial disclosure
statement by the Committee on Rules upon a request in writing by ten 20
percent of the membership of the Senate on the basis of newly discovered
evidence. This review shall be made promptly, the adequacy of filing
determined, and notice of the determination of the Committee sent in writing to
the member involved. If a financial disclosure statement is found to need
correction, augmentation, or revision, the member or candidate involved shall
be directed in writing to make the changes required within such time as shall
be set by the Committee. Failure to make the correction shall result in the
matter being referred to the Committee on Privileges and Elections for
disciplinary action pursuant to Rules 18 (h) and 53 (b).
19 (gf). There shall be a Subcommittee on
Standards of Conduct of the Committee on Rules, consisting of three members,
one of whom shall be a member of the minority party, appointed by the
Chair. The Subcommittee shall consider any request by a Senator for an
advisory opinion as to whether the facts in a particular case would constitute
a violation of the Rules of the Senate or any statute enacted relative to
conflicts of interests, and may consider any other matters assigned to it by
the Committee on Rules. Any Senator requesting such an advisory opinion
shall submit the request in writing, addressed to the Chair of the Committee on
Rules, and shall set forth specifically the facts relative to the opinion
sought. The Subcommittee shall convene as soon as practicable, granting
the Senator requesting the opinion the right to appear and, upon the conclusion
of its deliberations, the Subcommittee shall submit its written opinion to the
full Committee on Rules. The Committee on Rules shall consider the
written opinion submitted by the Subcommittee and, if accepted, the same shall
constitute an advisory opinion for the conduct of the members of the Senate on
the issues set forth. The Clerk of the Senate shall maintain a record of
such advisory opinions, which shall be available to any member of the Senate.
19 (hg). Any Senator who wishes to present
a person to the Senate shall first seek the approval of the Chair of the Committee
on Rules. The Senator shall submit a written request to the Chair of the
Committee and a copy of the request to the Clerk of the Senate, 48 hours prior
to the time of the presentation. The Committee or a subcommittee
designated by the Chair shall determine the merit of the presentation and
notify the Senator of its the decision. The submission of
the written request and the approval of the Committee or a subcommittee
designated by the Chair shall not be required to present members of the
Virginia Congressional Delegation and former members of the Virginia
Senate. Whenever possible, a person shall be presented to the Senate
on Tuesdays and Thursdays during the morning hour of the session. The
Chair, in consultation with the Clerk, shall approve the dates for the
presentations. During the regular session, presentations shall not be made on
Fridays, crossover, or any day involving action on the appropriation act.
19 (ih). The Committee on Rules shall make
all Senate appointments to study committees and commissions in the number
authorized for the Senate, whether the authority is limited to Senate members
or other persons. It shall appoint members of the Senate to such other
committees as may be required to serve as joint committees with the House of
Delegates under its Rules, and shall appoint members of the Senate to serve as
Senate members on any Committee or Commission required by statute. Senate
membership on all joint subcommittees and commissions with the House of
Delegates shall be of equal membership. If no member of a standing
Committee of the Senate specified in a study resolution is able to serve, the
Committee on Rules may appoint a member of the Senate at large to the study
notwithstanding the provisions of the enabling resolution.
20 (a). The total membership of all Committees and the
membership of each standing Committee shall be composed of members of the two
major political parties in the Commonwealth in proportion to the number of
Senators of each of such political parties, as nearly as practicable, and
as nearly as practicable with equal membership of resident Senators from the
several congressional districts of the Commonwealth as the same exist on the
date of election of the Senate. As nearly as practicable, no more than two
resident Senators in the same congressional district shall serve on the same
Committee. However, if none of the resident Senators of the same
congressional district makes a request, in writing, for a particular Committee
assignment, this requirement may be waived. Senators shall serve
terms on such Committees coincident with their current terms of office. No
member shall be removed from the a Committee to which he or she
was elected, except by a two-thirds vote of the members elected present
and voting or by forfeiture under these rules or upon submission of the
member?s resignation from the Committee.
The standing Committees may also include any Senator not
elected as a member of the two major political parties. All members of
the Senate shall be elected to the standing Committees, where practicable. No
member of the Senate shall serve on more than four, nor less than three,
standing Committees. When the Committees are elected, the Senator
first named shall be the Chair. However, a Senator shall serve as Chair
of only one of the standing Committees. Next shall be listed the members,
listed by seniority and by the date elected to the Committee. At the first
meeting of the Committee, the Chair may appoint and announce a vice chair.
Should any Senator, during his term of office, cease to be a
member of the political party of which he was a member at the time of his
election either by self-declaration as confirmed by a two-thirds majority of
the members elected to the Senate, or through other conduct as confirmed by
a two-thirds majority of the members elected to the Senate, he shall be deemed,
thereby, to have forfeited all Committee memberships to which he may have been
elected.
20 (b). Any vacancy in Committee membership during the four-year term of the Committee members shall be filled in the manner in which Committee members are elected in the first instance.
20 (c). The standing Committees shall meet at such time and place as shall be designated by the Committee on Rules, after consultation with the respective Committee Chair, and the fixed time and place of Committee meetings shall be published. All committees shall be governed by the Rules of the Senate.
20 (d). All Committee meetings shall be held in public. All votes on bills shall be recorded.
However, executive sessions may be held pursuant to applicable provisions of law upon a recorded vote. Except as provided herein, a recorded vote of members upon each measure shall be taken and the name and number of those voting for, against or abstaining reported with the bill or resolution and ordered printed on the Calendar. A recorded vote shall not be necessary to report a resolution, if that resolution does not have a specific vote requirement pursuant to these Rules. A Senator who has a personal interest in the transaction, as defined in § 30-101 of the Code of Virginia, shall neither vote nor be counted upon it, and he shall withdraw, or invoke this Rule not to be counted, prior to the taking of any vote upon it, by stating the same before the Committee, and the fact shall be recorded by the Committee Clerk and reported along with the votes of the Committee members on the bill or resolution. If a Senator invokes this rule, the Senator shall not participate, directly or indirectly, in the matter wherein the rule is invoked. Pairs may be taken in Committee voting as provided in Rule 36.
20 (e). The majority of any Committee shall constitute a quorum. Any Senator attending and recorded as present at a Committee meeting who must depart prior to the rising of the Committee, may designate, in writing on committee proxy forms, one member of the Committee to vote his proxy for the duration of his absence, but for no longer than the meeting of the Committee at which the proxy is given. Proxies are not transferable. The Chair shall be informed in open session of the proxy authority prior to the departure of the Senator so leaving.
20 (f). Any bill or resolution introduced in an even-numbered year, and not reported to the Senate by a Committee may, upon the majority vote of the elected membership of the Committee to which it has been referred, be continued on the agenda of the Committee for hearings and Committee action during the interim between sessions or for future action by the Committee during the following odd-numbered year regular sessions. A bill or resolution may be continued only one year from an even-numbered year session and not otherwise. The Committee shall report, prior to the adjournment sine die of the Senate, such bills or resolutions as shall be continued and the Clerk of the Senate shall enter upon the Journal the fact that such bill or resolution has been continued.
20 (g). The Senate, upon consideration of any bill or resolution on the Calendar, may recommit, in accordance with these Rules, the bill or resolution to the Committee reporting the same, and direct the Committee to continue the bill or resolution until the following odd-numbered year regular session, and hold such hearings or render such further consideration of the bill or resolution as the Committee may deem proper.
20 (h). The Chair of the Committee, or the majority of the elected membership of a Committee, may call meetings of the Committee during the interim between sessions to study, call hearings, and consider any bill or resolution continued for further action at the odd-numbered year session, or to consider such other matters as may be germane to the duties of the Committee.
20 (i). The provisions of this Rule relating to
legislative continuity between sessions shall be subject to the provisions of
Article IV, Section 7, of the Constitution of Virginia.
20 (g)(j). Each Committee shall have a
clerk appointed by the Clerk of the Senate, after consultation with the Chair
of the Committee on Rules and the Chair of the respective Committee.
The Clerk of the Senate shall be the clerk to the Committee on Rules.
20 (h)(k). The Chair of any Committee may
appoint subcommittees to consider a particular bill or resolution or to
consider matters relative to a portion of the work of the Committee. Such
subcommittees shall not take final votes and shall only make
recommendations to the Committee. The Chair of the full Committee shall
be an ex officio member of all subcommittees and entitled to vote, but shall
not be counted as a member for purposes of a quorum. All subcommittees
shall be governed by the Rules of the Senate.
20 (i)(l). Any Committee of the Senate
may, at its discretion, confer with any Committee of the House of Delegates
having under consideration the same subject and arrange joint meetings,
hearings or studies, as the Committees deem appropriate.
20 (j)(m). A Committee, after considering
a bill or resolution referred to it may:
A. Rerefer the same to another Committee, in the same form received, to consider applicable portions of such bill or resolution as are germane to another Committee under the Rules, or may
B. Report it to the Senate
(i) without amendment,
(ii) with recommendation that a Committee amendment(s) be adopted, or
(iii) with recommendation that it be rereferred to another Committee (either with or without amendment), in which latter event the Clerk of the Senate shall so rerefer unless the Senate shall otherwise direct.
A recorded vote of members shall be taken upon any motion listed in A and B above and the name and number of those voting for, against or abstaining reported with the bill or resolution and ordered printed on the Calendar. The report recorded by the Committee Clerk shall be the recorded vote on the motion and cannot be changed unless the vote is reconsidered and voted upon again. A recorded vote shall not be necessary to report or rerefer a resolution, if that resolution does not have a specific vote requirement pursuant to these Rules.
20 (k)(n). Any bill, except the budget
bill sent down by the Governor, whose principal objective is taxation or which
establishes a special fund or any type of nonreverting fund, whether or not
such bill may also require an appropriation, tax, special or general revenue,
shall first be referred to the Standing Committee which has jurisdiction of the
subject matter of the bill as defined in rules 18 (a) through 18 (j) of the
Rules of the Senate. If said bill is reported by the Committee of
original jurisdiction then said bill shall be rereferred by the Committee to
the Finance Committee.
20 (l)(o). A Committee may refer the
subject matter of a bill or resolution to any agency, board, commission,
council, or other governmental or nongovernmental entity for comment, but the
bill or resolution shall remain with the Committee. The Chair of the Committee
shall direct the Clerk of the Senate to prepare the appropriate letter and the
action of the Committee shall be made available to the public.
20 (m)(p). Committees of the Senate are
authorized to seek and obtain, in the period of time between sessions of the
General Assembly, the services of citizens of the Commonwealth whose function
will be to participate with such Committees or Subcommittees thereof in
reviewing legislation or in performing any referred study or study initiated by
the Committee or its Chair.
Persons appointed to serve shall receive reimbursement for
their actual and reasonable expenses incurred in the performance of services
for the Committees. For this purpose and for such other expenses
as may be occasioned by the conduct of any Committee study, payments shall have
approval in advance by the Chair of the Committee on Rules in consultation with
the Clerk and shall be made from the general appropriation to the Senate.
20 (q). Persons who are asked by a Committee Chair to appear before a Committee or subcommittee or study to offer expert testimony may receive reimbursement for their actual and reasonable expenses if approved in advance by the Chair of the Committee on Rules, in consultation with the Clerk.
20 (n). Whenever a bill is introduced that contains
matters that would be appropriate for an executive reorganization plan as
provided for in Chapter 1, Article 2 of Title 2.2 of the Code of Virginia or
which proposes that the Commonwealth provide new services or abolish any
existing service, it shall have the word "Organization" stamped upon
its covers.
21. At the appointed hour, the presiding officer of the Senate shall take the chair and call the Senate to order, and the order of business thereafter shall be as follows:
(a) A period of devotions.
(b) A roll call of members present.
(c) The reading of the Journal.
(d) A period to be called the "morning hour," for the following purposes:
i. to dispose of communications from the House of Delegates, the Executive, and the Judiciary.
ii. to receive reports from the Committees, for which
purpose they shall be called by the Clerk unless the Senate shall direct
otherwise.
iiiii. to recognize and welcome visitors
to the Senate.
iviii. to receive resolutions and bills,
but such resolutions and bills may be received at the Clerk's desk at any time
after the "morning hour," with leave of the Senate.
(e) Consideration of unfinished business. (Unfinished business is legislation before the Senate as a result of or pending action by the House of Delegates.)
(f) Consideration of the Calendar of the Senate for that day, for which purpose the Calendar shall be called by the Clerk of the Senate.
(g) Upon completion of the Calendar and then Senators expressing Point(s) of Personal Privilege and such other business as may come before the Senate, a recess or adjournment shall then be taken.
22. To expedite the business of the Senate, it may order the convening of a "special morning session," at which session no vote shall be taken or other business transacted except the introduction of bills and resolutions. Upon the completion thereof, such session shall recess to such time as the Senate may have theretofore ordered. Such "special morning session" shall be convened by the presiding officer or President pro tempore unless otherwise designated. The "special morning session" shall be considered adjourned upon the convening of the daily session.
23 (a). Notwithstanding Rule 21 and Rule 22, any subject
may, by a recorded vote of a majority of the members electedpresent
and voting, be made a special and continuing order, to commence at a time
to be fixed by the Senate, and when the time so fixed for its consideration
arises, the presiding officer shall lay it before the Senate.
23 (b). When two or more special and continuing orders
have been made for the same time, they shall have precedence according to the
order in which they were severally assigned, and that order shall only be
changed by majority vote of those present and voting. All
motions to change such order shall be decided without debate.
24. When a bill or resolution of the House of Delegates is passed or rejected by the Senate, the fact of the passage or rejection, with the bill or resolution, shall be communicated to the House of Delegates.
25 (a). All bills, resolutions or other business originating in the Senate and all bills, resolutions or other business sent from the House of Delegates shall be dispatched in the order in which they are introduced or received, unless the Senate shall otherwise direct.
25 (b). Bills or resolutions of either house shall be divided on the Calendar between the designation "Uncontested Calendar" and "Regular Calendar," and be considered in such order. When such a division is made for bills or resolutions, the Uncontested Calendar shall not include any bills or resolutions (i) which receive a dissenting vote or abstention in Committee, or (ii) to which objection is made by any Senator on first reading. Any bills or resolutions shall be removed from the Uncontested Calendar at any time at the request of any Senator. Resolutions which do not have a specific vote requirement pursuant to these Rules shall not be placed on the Uncontested Calendar but may be divided separately.
25 (c). It shall be the duty of the Clerk to see that the printing and engrossing, when ordered, shall be done in such time that the bills and resolutions may be acted upon according to their priorities upon the Calendar. If, however, any bill or resolution is not ready when it is reached upon the Calendar, it shall be passed by, and be allowed to retain its place upon the Calendar.
25 (d). When the Calendar has been called through, it may be called again in order to dispose of any business that may be ready, and if there is none, the business of the "morning hour" shall be resumed and disposed of; but the business of the "morning hour" shall in no case be allowed to interfere with that of the Calendar without the unanimous consent of the members present.
26 (a). No law shall be enacted except by bill.
Every bill, upon its introduction, shall be referred to the appropriate Committee.
No bill shall become a law until the procedures required by Article IV, Section
11, of the Constitution of Virginia have been observed.
26 (b). No bill expressly amending any existing law
shall be offered by any member unless or until the original and all copies
thereof have been prepared so as to indicate deletions and additions. Each bill
or resolution shall be signed by at least one Senator or by the Clerk of the
Senate upon authorization of a member who has become incapacitated or who is
unavailable to sign the legislation. Upon the approval of the
Committee on Rules, electronic filing of bills and resolutions may be
permitted. Any bill or resolution offered for introduction in the Senate
may show two or more senators Senators as chief patrons
and as "House Patrons" the signatures of members of the House of
Delegates. The title of any bill having any provisions pertaining to
taxation or revenues shall so indicate. The form for deletions and
additions shall be to set forth the material deleted with lines through such
material, e.g., deleted material or words, and to underscore the
words added, before they are received in the Senate. However, the
stricken material and underscoring and italics in the printed bill, enrolled
bills, and printed Acts shall not be considered evidence of all amendments to
any bill or existing statute, but merely as an aid for quick reference to
amended portions. Nothing herein contained shall be construed as
requiring the use of stricken material or underscoring when new words are
substituted for existing words where the new words or the omission of words
does not change the sense or meaning of the act.
26 (c). The title of a bill or resolution and all amendments offered thereto shall be entered upon the Journal, except the amendments in the nature of a substitute shall be printed separately, and only the titles thereof entered upon the Journal.
26 (d). Any Senate bill or resolution which has been amended during the legislative process by the Senate shall be engrossed and reproduced by the Clerk of the Senate, as soon as practicable, in sufficient numbers for the members of the Senate and House of Delegates.
26 (e). The designation of "Senate Bill" or "Senate Resolution" or "Senate Joint Resolution" shall not be changed nor amended after a bill or resolution is introduced in the Senate. Nor shall the designation of "House Bill" or "House Joint Resolution" be changed or amended after the bill or resolution is received by the Senate.
26 (f). Any member of the Senate or House of Delegates who requests in writing to the Clerk that he be added as a co-patron of any bill or resolution, provided that the first vote on the passage of the bill or agreement to the resolution has not occurred, or, if the bill or resolution is not reported from Committee, then prior to the last action on such legislation, shall be listed in the Journal as a co-patron of such bill or resolution, and shall be so listed on such bill or resolution at its next printing, if any.
Any member of the Senate or House of Delegates may also request in writing to the Clerk that his name be removed as a co-patron of any bill or resolution provided that the first vote on the passage of the bill or agreement to the resolution has not occurred, or, if the bill or resolution is not reported from Committee, then prior to the last action on such legislation, and thereafter his name shall not be listed in the Journal as a co-patron of such bill or resolution, nor shall his name be listed on such bill or resolution at its next printing, if any.
26 (g). Any memorial or commending resolutions shall
conform to the form and procedure set forth by the Clerk of the Senate and
shall not be referred to the Committee on Rules, but shall be placed upon the
Calendar on the next Thursday of the session and shall be considered for
approval on said day; however, any one member may object to such consideration
and the same shall be continued to the next Thursday session or any member may
move that the same be referred to the Committee on Rules. No exception
to this Rule 26 (g) shall be made, unless the Senator proposing such exception
has first presented it at a meeting of the Committee on Rules and a majority of
the members elected to such Committee has voted in favor of the exception.
No Senator may introduce more than a combined total of ten commending and memorial resolutions each session, except for the Chair of the Committee on Rules when introducing such resolutions according to custom or protocol.
27. Bills or resolutions originating in the House of Delegates and communicated to the Senate shall be read by title the first time when received and referred to the appropriate Committee unless otherwise directed by the Senate.
28 (a). No bill or resolution reported from a Committee of the Senate shall be recommitted or amended until it has been twice read by title, nor shall any Senate bill or resolution be amended after its third reading, except by the unanimous consent of the Senate. House bills or resolutions may be recommitted or amended at any time before their final passage, but a bill or resolution which has been recommitted to a Committee, when reported by Committee, shall be restored on the Calendar to the status it had before it was recommitted.
28 (b). In the case of a House bill or resolution, engrossment shall only apply to such amendments as may have been made in the Senate.
29 (a). Communications from the Executive shall lie
on the table at least one day after being received by the Clerk of the Senate,
unless otherwise ordered.
29 (b). Whenever a Senate bill or resolution is
reported to the Senate with one or more House amendments, copies of all such
amendments shall be furnished to each Senator. The same shall apply to
amendments proposed by a Senate Committee or by a Senator, unless otherwise
ordered by the Senate.
30. Every question shall be put in the affirmative and the presiding officer shall declare whether the yeas or the nays have it, which declaration shall stand as the judgment of the Senate. The yeas and nays on any question shall, at the desire of one-fifth of those present, be entered on the Journal. On the final vote of any bill, and on the vote in any election or impeachment conducted in the General Assembly or on the expulsion of a Senator, the name of each Senator voting, and how he voted shall be recorded in the Journal. After the roll has been taken, and before the vote is announced by the presiding officer, any Senator shall have the right to correct any mistake committed in enrolling his name and the presiding officer shall order the vote to be stricken.
31. Any Senator may call for a division of the question, which shall be divided if it comprehends propositions so distinct in substance that, one being taken away, a substantive proposition shall remain for the decision of the Senate.
32. Upon the determination of a question, any Senator
may enter his protest upon the Journal, with the consent of one-third of the
Senators present; and on the question "Shall the protest be entered on the
Journal?", no privileged motion as set out in Rule 46 47 (a)
or Rule 46 47 (b) shall be in order except to adjourn.
33. Whenever the Senate proceeds to consider any
nominations or appointments after the same have been reported by the
appropriate Committee, which are subject to the choice or ratification of the
Senate, and when it is so ordered by the Senate pursuant to Chapter 21 of
Title 30 Chapter 37 of Title 2.2 of the Code of Virginia, the same
shall be considered in executive session.
34. Upon a motion for the pending question, agreed to by a majority of the Senators present, as indicated by a recorded vote, and there being no other motions afforded priority by these Rules, the presiding officer shall immediately put the pending question. All incidental questions of order arising after a motion for the pending question is made, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.
35. Upon a motion for the previous question, agreed to by a majority of the Senators present, as indicated by a recorded vote, and there being no other motions afforded priority by these Rules, the presiding officer shall immediately put the question, first upon the amendments in the order prescribed in the Rules, and then upon the main question. If the previous question be not ordered, debate may continue as if the motion had not been made.
36. Every Senator present in the Chamber, when any question is put or vote taken, shall vote or be counted as voting on one side or the other, except in the case of pairs, as hereinafter provided. A Senator who has a personal interest in the transaction, as defined in § 30-101 of the Code of Virginia, shall neither vote nor be counted upon it, and he shall withdraw, or invoke this rule not to be counted, prior to the division and the fact shall be recorded on the voting machine. If a Senator invokes this rule, the Senator shall not participate, directly or indirectly, in the matter wherein the rule is invoked. Pairs upon any question pending may be made and entered upon the Journal, and in such cases shall be announced immediately upon completion of the roll call, and before the announcement of its result. Pairs may be general or special. General pairs shall extend to and include all motions, amendments, or other proceedings in aid of or against the question pending, and which is the subject of the pairs. Special pairs shall depend in their scope upon the agreement between the Senators making the same, but in absence of a specific agreement, the presumption shall be conclusive that the pairs are general. The Senator announcing a pair shall be counted as present for the purposes of establishing a quorum. Pairs may be taken in Committee votes under this rule herein set forth.
37. The voting machine may be used for the call of the roll, for recording abstentions under Rule 36, or for the affirmative and the negative of the question.
38 (a). No Senator shall be allowed to vote or submit a vote statement unless he is in attendance at the daily session at the time the Senate is being divided, or before a determination of the question upon a call of the roll, and is physically present in the Chamber, or one of its anterooms. A Senator may submit a vote statement if he was not recorded as voting or if his recorded vote does not reflect his intention. The statement shall be limited to the fact that his vote was not recorded or that his vote did not reflect his intention and must be submitted to the Clerk of the Senate by the adjournment of the daily session.
38 (b). In cases where the presiding officer is also a member
RESOLVED by the Senate of Virginia, That the following are adopted as the Rules of the Senate to supersede all previous Rules of the Senate:
1. The presiding officer of the Senate shall be the
Lieutenant Governor of the Commonwealth as the President of the Senate in
accordance with Article V, Section 14, of the Constitution.
2 (a). There shall be elected by the Senate, on the first day of the session following the election of the Senate, a President pro tempore who shall serve for a term of four years and be a senior member in the Senate.
2 (b). In the event of the absence, disability or
vacancy in the office of the Lieutenant Governor, the President pro tempore
shall carry out the duties of the Lieutenant Governor as presiding
officer. Further, the President pro tempore shall be the Chairman Chair
of the Commission on Interstate Cooperation of the Senate.
2 (c). The President pro tempore shall have the right to name in open session, or if he is absent, in writing, a Senator to perform the duties of the presiding officer, but such substitution shall not extend beyond an adjournment of a daily session, except by unanimous consent of those present.
2 (d). In the event of a vacancy in the office of the Lieutenant Governor, or whenever the powers and duties of the Governor shall devolve upon the Lieutenant Governor, the President pro tempore shall have the right to name, in writing, a Senator to perform the duties of the presiding officer during his absence; and the Senator so named shall have the right to name, in open session, or in writing, if he is absent, a Senator to perform the duties of the presiding officer, but such substitution shall not extend beyond adjournment of a daily session, except by unanimous consent of those present.
3. The presiding officer, after taking the Chair pursuant to these Rules, and a quorum being present, shall cause the Journal of the preceding day to be read. The reading of the Journal may be waived by a majority of those Senators present and voting. The reading of the Journal may be waived at a reconvened session of a special session by at least two members present and voting, only if there is no business to consider in accordance to Article IV, Section 6 of the Constitution of Virginia. Any errors in the entries shall be corrected, and the Journal being found correct, shall be signed by the presiding officer for that day and the Clerk of the Senate. The Journals, when so signed, shall be the official records of the proceedings of the Senate.
4. If any question is put upon a bill or resolution, the presiding officer shall state the same without argument.
5. A member of the Senate shall be a Senator elected to
represent one of the 40 senatorial districts. A majority of Senators
shall constitute a quorum to do business; two may adjourn, and nine may order a
call of the Senate, send for absentees, and make any order for their censure or
discharge. However, not less than 16 may meet by proclamation of the Governor
under the provisions of Article IV, Section 8, of the
Constitution. At a special session or a reconvened session of a special
session when there is no business to consider in accordance with Article IV,
Section 6 of the Constitution of Virginia, two members may convene the Senate,
dispense with the reading of the Journal, recess or adjourn the Senate.
6. No Senator shall absent himself from the service of the Senate without leave.
7. The Senate shall elect 11 Pages and five Pages shall
be appointed by the following: one by the Lieutenant Governor; one by the
President pro tempore; one by the chairman chair of the caucus of
the majority party; one by the majority leader; and one by the minority
leader. The Pages shall be no less than 13 and no more than 14 years of
age at the time of election or appointment, shall be residents of the
Commonwealth of Virginia, and shall be elected or appointed for a term of one
year. No Page shall be eligible for reelection. Any such Page so
elected or appointed may be suspended or dismissed for cause by the Clerk of
the Senate.
8 (a). A Clerk of the Senate shall be elected by the
Senate for a term of four years and shall thereafter continue in office until
another is chosen. The oath of office shall be administered to the Clerk
of the Senate by any person qualified by law to administer oaths. If a
vacancy in the office of Clerk of the Senate occurs when the General Assembly
is not in session, a successor shall be selected elected by the
Committee on Rules to serve until the first day of the next session, at a
meeting to be called by the ChairmanChair, or in his absence or
inability to act, the next senior member of such Committee able and willing to
do so. At least five days notice by certified mail of the time, place and
purpose of the meeting shall be given all members of the Committee, and, at
such meeting, the person receiving the votes of a majority of the members
present and voting shall be elected to fill the vacancy.
8 (b). The Clerk of the Senate shall be the custodian of the public seal and design of armorial bearings of the Senate.
8 (c). The Clerk of the Senate shall be the custodian of
all records and papers of the Senate and the Clerk shall not suffer any such
records or papers to be taken from the Clerk's desk or out of the Clerk's
custody by any person except the Chairman Chair or the clerk of a
Committee, or any Senator on taking receipts for same. Amendments agreed
to by the Senate shall be handled only by the Clerk of the Senate, or staff
members designated by the Clerk.
8 (d). It shall be the duty of the Clerk of the Senate to refer all bills and resolutions to the appropriate standing Committee or the Committee on Rules as provided in these Rules. If there is any objection as to the referral by the Clerk of the Senate of any bill or resolution to any standing committee or the Committee on Rules, the Committee on Rules shall hear the same, resolve the issue and report to the Senate.
8 (e). The Clerk of the Senate shall prepare a list of the Senators in order of seniority. Seniority shall be based upon longest continuous service in the Senate. However, if a Senator has previous interrupted service in the Senate, then the beginning date of such previous Senate service shall qualify the Senator for seniority before those Senators elected at the same time not having previous service in the Senate, and if a Senator has previous service in the House of Delegates then the beginning date of such House service shall qualify the Senator to seniority before those Senators elected to the Senate at the same time not having previous service in the House of Delegates. Senators elected at the same time without previous service in the Senate or House of Delegates shall have their seniority determined by a public drawing of lots, conducted by the Clerk of the Senate, to which all Senators involved shall be invited to attend. After the name of each Senator there shall be indicated the name of the political party under which the Senator was elected or abbreviation of the same; e.g., "Rep." or "Dem." If a Senator was not elected as a nominee of a political party, then such Senator shall be listed as an Independent, or "Ind."; however, if any Senator is elected at a special or general election and such Senator has, prior to such election, declared himself in writing a member of a political party during and prior to such election and the political party of his choice did not hold a convention or call a primary election for such election, such Senator shall be listed as a member of the party of which he declared himself a member.
8 (f). The Clerk of the Senate, after the election of Senators, shall assign chamber desks to the individual Senators with the Senators elected as members of the majority party in the Senate in the chamber area beginning at the north side of the chamber until all such desks have been assigned, and then the Senators elected as members of the minority party in the Senate, and then any Senator not elected as a member of the two major political parties. The Clerk of the Senate shall also assign office space in such buildings as may be made available for the use of the Senate. Whenever feasible, the Clerk of the Senate shall give due consideration in assigning chamber desks and office space to the seniority and request of a Senator. However, the chamber desk or office space of a Senator having immediate prior service in the Senate shall not be reassigned unless he shall so request the Clerk of the Senate.
Should any Senator, however, during his term of office, cease to be a member of the political party of which he was a member at the time of his election either by self-declaration as confirmed by a two-thirds majority of the members elected to the Senate, or through other conduct as confirmed by a two-thirds majority of the members elected to the Senate, or if a special election results in a change of political party membership, the Clerk of the Senate, upon such change in political party membership, is authorized to reassign chamber desks and office space accordingly.
8 (g). The area of the General Assembly Building assigned to the members of the Senate, their legislative support staff, the staff of the Senate, the facilities and space for those charged with the maintenance, repair, and security of such building, and such space designated for the news media shall not be utilized or occupied as office space by any other person or persons, except by vote of the Committee on Rules.
8 (h). During the sessions, the Clerk shall provide postage, as approved by the Committee on Rules, and office supplies for official use by the Senators. Postage provided for use by members of the Senate during the sessions of the General Assembly shall be used as necessary to carry out the legislative duties of such members, and shall not be used for the purpose of mailing newsletters. A newsletter is a written communication that is more than one page in length, the contents cover more than one topic, and 500 or more copies are requested to be printed in a calendar year.
9. The Journal of the Senate shall be daily drawn up by the Clerk of the Senate, and shall be read the succeeding day, unless the reading thereof is waived as provided in these Rules; it shall be printed under the supervision of the Clerk of the Senate and delivered to the Senators without delay.
10 (a). The Clerk of the Senate shall appoint a
chief deputy clerk and such staff as necessary to perform the work of the
Senate. The Clerk may also appoint such number of messengers as may be
required. The Clerk of the Senate shall also appoint such committee clerks as
may be necessary after consultation with, and the approval of, the Chairmen Chairs
of the several Committees. The Clerk of the Senate shall also appoint
such additional committee staff as may be necessary after consultation with,
and the approval of, the Committee on Rules. All committee clerks so
appointed shall remain in the Capitol or other legislative facilities during
the daily sessions of the Senate, and committee clerks shall be assigned for
duties with various standing Committees by the Clerk of the Senate, after
consultation by the Clerk of the Senate and with, and the
approval of, the Chairman of each such Committee. Additional
committee staff shall be assigned for duties with various standing Committees
by the Clerk of the Senate, after consultation with, and the approval of, the Committee
on Rules. Each clerk shall perform any other duties that the Clerk of the
Senate shall require, when not employed by their respective standing
Committees. Clerks may be removed by the Clerk of the Senate, after
consultation with, and the approval of, the Chairman Chair of the
Committee to which such clerk is assigned. Additional committee staff may
be removed by the Clerk of the Senate, after consultation with, and the
approval of, the Committee on Rules. The Clerk of the Senate shall have
supervision over all employees of the Senate. During sessions, the Clerk shall
provide postage and office supplies for official use by the Senators.
10 (ab). The Clerk of the Senate shall be
the clerk to the Committee on Rules.
11 (a). Before reading each bill or resolution by title, the Clerk of the Senate shall announce, either by individual bill or resolution or en bloc, whether it is the first, second, or third time of such reading.
11 (b). The Clerk of the Senate shall keep at the Clerk's desk, during the sittings of the Senate, a calendar which shows the business of the Senate. The Clerk shall have printed and placed on the desk of each member, before the assembling of the Senate each day, a calendar of pending bills and resolutions. The Clerk shall prepare a list of all bills and resolutions offered on the preceding day, with the names of the patrons, titles of the bills or resolutions, and the Committees to which the same have been referred under these Rules.
12. It shall be the duty of the Clerk of the Senate, without special order therefor, to communicate to the House of Delegates any action of the Senate upon business coming from the House of Delegates, or upon matters requiring the concurrence of that body, but no such communication shall be made in relation to any action of the Senate while it remains open for consideration.
13. The Clerk of the Senate shall, at the beginning of the term after the election of Senators, have printed and bound with the manual and rules, etc., the Constitution of Virginia and the Constitution of the United States for the use of the Senators. Supplements to said manual shall be issued as circumstances may require.
14 (a). Whenever the Clerk of the Senate is absent, the chief deputy clerk appointed pursuant to law and these Rules shall exercise the powers and perform the duties conferred and imposed upon the Clerk of the Senate by law and these Rules, by and with the consent of the Committee on Rules.
14 (b). In the discharge of all the duties assigned to the Clerk, and such other duties as the Clerk may from time to time undertake, the Clerk shall be subject to the direction of the Committee on Rules.
15. A Sergeant-at-Arms shall be elected by the Senate, and shall continue in office at the pleasure of the Committee on Rules for a term not exceeding four years. Except as otherwise provided by these Rules, his duties shall be prescribed by the Committee on Rules.
16. Except by order of the Senate, no Senator shall be taken into custody by the Sergeant-at-Arms on any grounds other than to quell a breach of the peace until the matter is examined by the Committee on Privileges and Elections and reported to the Senate.
17 (a). The Doorkeepers shall be constantly at their post during the daily sessions of the Senate and shall permit no one to enter freely or remain upon the floor of the Senate during the daily session, except the President of the Senate; members of the General Assembly; officers and employees of the Clerk of the Senate and the Clerk of the House of Delegates; and, representatives of the news media in such numbers as may be seated in accommodations provided for them at the press tables. The Committee on Rules shall consider and determine all matters concerning the news media in the Senate Chamber.
17 (b). Members of a Senator's family and such persons whom a Senator may invite shall be entitled to seats in a reserved section of the gallery. Representatives of the news media who cannot be accommodated with seats at press tables on the floor may also be entitled to seats in a reserved section of the gallery. The Committee on Rules shall consider and determine all matters concerning the news media in the Senate Chamber.
17 (c). Fifteen minutes prior to the convening of every daily session, the Sergeant-at-Arms shall clear the floor of the Senate of all persons other than those who are authorized to be there during each session and shall not permit unauthorized persons upon the floor of the Senate for five minutes following the conclusion of every daily session.
17 (d). Interviews are not allowed in the Senate Chamber during the daily session or during the recesses during the daily session. Interviews in the Senate Chamber shall end 15 minutes prior to the scheduled start of the daily session and shall not commence until five minutes after the adjournment of the daily session.
17 (e). Whenever any person requests an interview with a Senator or the Clerk of the Senate, a Doorkeeper shall send the request by a Page.
17 (f). A Doorkeeper shall direct all persons not entitled to entry on the floor of the Senate, as set out above, to the gallery of the Senate.
18. At the commencement of each session after the election of Senators, members shall be elected to the following standing Committees and the Committee on Rules for a term coincident with their term of office in such numbers as hereinafter set forth:
18 (a). A Committee on Agriculture, Conservation and
Natural Resources, 15 16 Senators composed of eight Democrats
and eight Republicans, to consider matters concerning agriculture; air and
water pollution and solid waste disposal; conservation of land and water
resources; crustaceans and bivalves; all matters of environment, forest, fresh
and salt water fishing, game, mining, parks and recreation, and petroleum
products.
18 (b). A Committee on Commerce and Labor, 15 16
Senators, composed of eight Democrats and eight Republicans,
to consider all matters concerning banking; commerce; commercial law; corporations;
economic development; industry; insurance; labor; manufacturing; partnerships;
public utilities, except matters relating to transportation; tourism; workmen's
compensation and unemployment matters.
18 (c). A Committee for Courts of Justice, 15 16
Senators composed of eight Democrats and eight Republicans, to
consider matters relating to the Courts of the Commonwealth and the Justices
and Judges thereof, including the nominations of such Justices and Judges where
provided by the Constitution and statutes of Virginia; and all matters
concerning the criminal laws of the Commonwealth; together with all matters
concerning contracts, domestic relations, eminent domain, fiduciaries,
garnishments, homestead and all other exemptions, immigration (with the
exception of matters relating to the powers of the Governor or education),
magistrates, mechanics' and other liens, notaries public and out-of-state
commissioners, property and conveyances (except landlord and tenant and
condominium matters), wills and decedents' estates.
It shall report to the Senate the names of such persons as it shall find qualified for election as a Justice or Judge of the Commonwealth. Senators, all or part of whose Senate Districts are within the Circuit or District for which a Judge is to be elected, shall jointly nominate a qualified person for such election. If such Senators are unable to agree on a nominee, a Senator shall only nominate a person deemed qualified by the Committee for Courts of Justice for any judicial position.
Whenever a vacancy in the office of a justice of the Supreme
Court or judge of the Court of Appeals is announced, the Chairman Chair
of the Committee for Courts of Justice shall establish a date certain by
which any Senator may forward the name of any potential nominee for such office
to the ChairmanChair.
18 (d). A Committee on Education and Health, 15 16
Senators composed of eight Democrats and eight Republicans, to consider
matters concerning education; human reproduction; life support; persons under
disability; public buildings; public health; mental health; mental retardation
and health professions.
18 (e). A Committee on Finance, 15 16 Senators
composed of eight Democrats and eight Republicans, to consider matters
concerning auditing; bills and resolutions for appropriations; the budget of
the Commonwealth; claims; general and special revenues of the Commonwealth; all
taxation and all matters concerning the expenditure of funds of the
Commonwealth.
18 (f). A Committee on General Laws and Technology, 15
16 Senators composed of eight Democrats and eight Republicans,
to consider matters concerning affirmation and bonds; the boundaries,
jurisdiction and emblems of the Commonwealth; cemeteries; condominiums;
consumer affairs; fire protection; gaming and wagering; housing; inter- or
intra-government information technology applications and uses other than those
proposed or used to support the operations of the General Assembly or the
Senate; land offices; landlord and tenant; libraries; military and war emergency;
nuisances; oaths; professions and occupations (except the health and legal
professions); religious and charitable matters; state governmental
reorganization; veterans' affairs; warehouses; and matters not specifically
referable to other Committees, including, but not limited to, matters relating
to technology, engineering, or electronic research, development, policy,
standards, measurements, or definitions, or the scientific, technical, or
technological requirements thereof, except for those affecting the operations
of the General Assembly or the Senate.
18 (g). A Committee on Local Government, 15 16
Senators composed of eight Democrats and eight Republicans, to
consider matters of local government in the counties, cities, towns, regions or
districts, planning boards and commissions and authorities, except matters
relating to the compensation of elected officeholders, where funds of the
Commonwealth are involved.
18 (h). A Committee on Privileges and Elections, 15 16
Senators composed of eight Democrats and eight Republicans, to consider
matters concerning voting; apportionment; conflict of interests, except those
concerning members of the judiciary or solely the legal profession, provided
that any such matter, after being reported by the Committee, shall be
rereferred by the Committee to the Committee for Courts of Justice for
consideration of the matters relating only to members of the judiciary or
solely to the legal profession; constitutional amendments; elections; elected
officeholders; reprimand, censure, or expulsion of a Senator; and nominations
and appointments to any office or position in the Commonwealth (except Justices
and Judges of the Commonwealth). It shall consider all grievances and
propositions, federal relations and interstate matters. It shall examine the
oath taken by each Senator and the certificate of election furnished by the
proper office and report thereon to the Senate. It shall review and
report as may be required in cases involving financial disclosure statements and
shall recommend disciplinary action by majority vote where appropriate.
It shall report in all cases involving contested elections the principles and
reasons upon which their resolves are founded. It shall determine and
report on all matters referred to it by the Senate Ethics Advisory Panel as set
forth in the statutes.
Whenever the Clerk receives a report of the Senate Ethics Advisory Panel or a resolution seeking the reprimand, censure, or expulsion of a Senator, he shall refer it forthwith to the Committee on Privileges and Elections. The Committee shall consider the matter, conduct such hearings as it shall deem necessary, and, in all cases report its determination of the matter, together with its recommendations and reasons for its resolves, to the Senate. If the Committee deems disciplinary action warranted, it shall report a resolution offered by a member of the Committee to express such action. Any such resolution reported by the Committee shall be a privileged matter. The Senate as a whole shall then consider the resolution, and, by recorded vote, either defeat the resolution or take one or more of the following actions:
(i) reprimand the Senator with a majority vote of the Senators present and voting;
(ii) censure the Senator and place the Senator last in seniority with a majority vote of the elected membership of the Senate;
(iii) expel the Senator with a two-thirds vote of the elected membership of the Senate; or
(iv) refer the matter to the Attorney General for appropriate action with a majority vote of the Senators present and voting, in the event the Senate finds a knowing violation of § 30-108 or subsection C of § 30-110 of the Code of Virginia.
18 (i). A Committee on Rehabilitation and Social
Services, 15 16 Senators composed of eight Democrats and eight
Republicans, to consider matters concerning alcoholic beverages;
correctional and penal institutions; morals; social services and welfare; and
substance abuse.
18 (j). A Committee on Transportation, 15 16
Senators composed of eight Democrats and eight Republicans, to consider
matters concerning airports; airspaces; airways; the laws concerning motor
vehicles relating to rules of the road or traffic regulations; heliports;
highways; port facilities; public roads and streets; transportation safety;
public waterways; railways; seaports; transportation companies or corporations;
and transportation public utilities. Any matter relating to rules of the
road or traffic regulations which include a change in a penalty shall be
rereferred by the Committee to the Committee for Courts of Justice.
19 (a). A Committee on Rules, which shall be in addition to
the foregoing standing Committees, 17 16 Senators composed of
eight Democrats and eight Republicans, consisting of the standing Committee
Chairs; the President pro tempore, if the person is not a Chair; the Majority
Leader, if the person is not a Chair; the Minority Leader; and members to
comprise the 1716. The Chair of the Committee on Rules
shall not be Chair of any standing Committee. The Committee shall consider all
resolutions amending or altering the Rules of the Senate; all joint rules with
the House of Delegates; all bills and resolutions creating study committees or
commissions; and all other resolutions (except those of a purely procedural
nature, those concerning nominations and appointments to any office or position
in the Commonwealth including the nominations of Justices and Judges, and those
concerning constitutional amendments). The Committee may report such bills or
resolutions with the recommendation that they be passed, or that they be
rereferred to another Committee. In considering a bill or resolution, the
Committee is empowered to sit while the Senate is in session. There shall be a
subcommittee of the Committee consisting of four Democrats and four
Republicans, to include the Chair and six seven members
appointed by the Chair, which shall exercise on behalf of the Committee
such powers as are delegated to the Committee when acting jointly with the
Committee on Rules of the House of Delegates or a subcommittee thereof.
19 (b). If there is any objection as to the referral by the Clerk of the Senate of any bill or resolution to any standing Committee or any matter relating to the Office of the Clerk, the Committee on Rules shall hear the same, resolve the issue and report to the Senate.
19 (c). The Committee on Rules shall consider and determine all matters concerning the news media in the Senate Chamber; all policies concerning travel expenses and reimbursements; all matters concerning joint assemblies with the House of Delegates and such persons, not members of the Senate, who are to be permitted to address the Senate; and all matters concerning the utilization of the facilities available to the Senate and its membership. It shall prescribe the duties not otherwise prescribed for the Clerk, Sergeant-at-Arms, and Doorkeepers. It shall approve the appointment, removal, and assignment for duties of the additional committee staff authorized in Rule 10.
19 (d). The Committee on Rules shall from time to time prescribe such requirements as will expedite the flow of the work of the Senate, all such requirements being subject to the approval of the Senate.
19 (e). Postage provided for use by members of the Senate during Sessions of the General Assembly shall be used as necessary to carry out the legislative duties of such members, and shall not be used for the purpose of mailing newsletters. A newsletter is a written communication that is more than one page in length, the contents cover more than one topic, and 500 or more copies are requested to be printed in a calendar year.
19 (f). The Chair of the Committee on Rules shall appoint a subcommittee to review the financial disclosure statements filed annually by members or candidates and shall determine whether each statement is correct and complete as filed or requires correction, augmentation, or revision by the member or candidate involved, who shall be directed in writing to make the changes required within such time as shall be set by the Committee.
Additional review shall be made of any financial disclosure statement by the Committee on Rules upon a request in writing by ten percent of the membership of the Senate on the basis of newly discovered evidence. This review shall be made promptly, the adequacy of filing determined, and notice of the determination of the Committee sent in writing to the member involved. If a financial disclosure statement is found to need correction, augmentation, or revision, the member or candidate involved shall be directed in writing to make the changes required within such time as shall be set by the Committee. Failure to make the correction shall result in the matter being referred to the Committee on Privileges and Elections for disciplinary action pursuant to Rule 18 (h).
19 (g). There shall be a Subcommittee on Standards of Conduct of the Committee on Rules, consisting of three members, one of whom shall be a member of the minority party, appointed by the Chair. The Subcommittee shall consider any request by a Senator for an advisory opinion as to whether the facts in a particular case would constitute a violation of the Rules of the Senate or any statute enacted relative to conflicts of interests, and may consider any other matters assigned to it by the Committee on Rules. Any Senator requesting such an advisory opinion shall submit the request in writing, addressed to the Chair of the Committee on Rules, and shall set forth specifically the facts relative to the opinion sought. The Subcommittee shall convene as soon as practicable, granting the Senator requesting the opinion the right to appear and, upon the conclusion of its deliberations, the Subcommittee shall submit its written opinion to the full Committee on Rules. The Committee on Rules shall consider the written opinion submitted by the Subcommittee and, if accepted, the same shall constitute an advisory opinion for the conduct of the members of the Senate on the issues set forth. The Clerk of the Senate shall maintain a record of such advisory opinions, which shall be available to any member of the Senate.
19 (h). Any Senator who wishes to present a person to the Senate shall first seek the approval of the Committee on Rules. The Senator shall submit a written request to the Chair of the Committee and a copy of the request to the Clerk of the Senate, 48 hours prior to the time of the presentation. The Committee or a subcommittee designated by the Chair shall determine the merit of the presentation and notify the Senator of its decision. The submission of the written request and the approval of the Committee or a subcommittee designated by the Chair shall not be required to present members of the Virginia Congressional Delegation and former members of the Virginia Senate. Whenever possible, a person shall be presented to the Senate on Tuesdays and Thursdays during the morning hour of the session.
19 (i). The Committee on Rules shall make all Senate appointments to study committees and commissions in the number authorized for the Senate, whether the authority is limited to Senate members or other persons. It shall appoint members of the Senate to such other committees as may be required to serve as joint committees with the House of Delegates under its Rules, and shall appoint members of the Senate to serve as Senate members on any Committee or Commission required by statute. If no member of a standing Committee of the Senate specified in a study resolution is able to serve, the Committee on Rules may appoint a member of the Senate at large to the study notwithstanding the provisions of the enabling resolution.
20 (a). The total membership of all Committees and the
membership of each standing Committee shall be composed of members of the two
major political parties in the Commonwealth in proportion to the number of
Senators of each of such political parties, as nearly as practicable,
and as nearly as practicable with equal membership of resident Senators from
the several congressional districts of the Commonwealth as the same exist on
the date of election of the Senate. As nearly as practicable, no more than two
resident Senators in the same congressional district shall serve on the same
Committee. However, if none of the resident Senators of the same
congressional district makes a request, in writing, for a particular Committee
assignment, this requirement may be waived. No member shall be removed
from the Committee to which he or she was elected, except by a two-thirds vote
of the members elected or by forfeiture under these rules.
The standing Committees may also include any Senator not elected as a member of the two major political parties. All members of the Senate shall be elected to the standing Committees, where practicable. No member of the Senate shall serve on more than four, nor less than three, standing Committees. When the Committees are elected, the Senator first named shall be the Chair. However, a Senator shall serve as Chair of only one of the standing Committees. Next shall be listed the members, listed by seniority and by the date elected to the Committee.
Should any Senator, during his term of office, cease to be a member of the political party of which he was a member at the time of his election either by self-declaration as confirmed by a two-thirds majority of the members elected to the Senate, or through other conduct as confirmed by a two-thirds majority of the members elected to the Senate, he shall be deemed, thereby, to have forfeited all Committee memberships to which he may have been elected.
20 (b). Any vacancy in Committee membership during the four-year term of the Committee members shall be filled in the manner in which Committee members are elected in the first instance.
20 (c). The standing Committees shall meet at such time and place as shall be designated by the Committee on Rules, after consultation with the respective Committee Chair, and the fixed time and place of Committee meetings shall be published. All committees shall be governed by the Rules of the Senate.
20 (d). All Committee meetings shall be held in public.
However, executive sessions may be held pursuant to applicable provisions of law upon a recorded vote. Except as provided herein, a recorded vote of members upon each measure shall be taken and the name and number of those voting for, against or abstaining reported with the bill or resolution and ordered printed on the Calendar. A recorded vote shall not be necessary to report a resolution, if that resolution does not have a specific vote requirement pursuant to these Rules. A Senator who has a personal interest in the transaction, as defined in § 30-101 of the Code of Virginia, shall neither vote nor be counted upon it, and he shall withdraw, or invoke this Rule not to be counted, prior to the taking of any vote upon it, by stating the same before the Committee, and the fact shall be recorded by the Committee Clerk and reported along with the votes of the Committee members on the bill or resolution. If a Senator invokes this rule, the Senator shall not participate, directly or indirectly, in the matter wherein the rule is invoked. Pairs may be taken in Committee voting as provided in Rule 36.
20 (e). The majority of any Committee shall constitute a quorum. Any Senator attending and recorded as present at a Committee meeting who must depart prior to the rising of the Committee, may designate, in writing on committee proxy forms, one member of the Committee to vote his proxy for the duration of his absence, but for no longer than the meeting of the Committee at which the proxy is given. Proxies are not transferable. The Chair shall be informed in open session of the proxy authority prior to the departure of the Senator so leaving.
20 (f). Any bill or resolution introduced in an even-numbered year, and not reported to the Senate by a Committee may, upon the majority vote of the elected membership of the Committee to which it has been referred, be continued on the agenda of the Committee for hearings and Committee action during the interim between sessions or for future action by the Committee during the following odd-numbered year regular sessions. A bill or resolution may be continued only one year from an even-numbered year session and not otherwise. The Committee shall report, prior to the adjournment sine die of the Senate, such bills or resolutions as shall be continued and the Clerk of the Senate shall enter upon the Journal the fact that such bill or resolution has been continued.
The Senate, upon consideration of any bill or resolution on the Calendar, may recommit, in accordance with these Rules, the bill or resolution to the Committee reporting the same, and direct the Committee to continue the bill or resolution until the following odd-numbered year regular session, and hold such hearings or render such further consideration of the bill or resolution as the Committee may deem proper.
The Chair of the Committee, or the majority of the elected membership of a Committee, may call meetings of the Committee during the interim between sessions to study, call hearings, and consider any bill or resolution continued for further action at the odd-numbered year session, or to consider such other matters as may be germane to the duties of the Committee.
The provisions of this Rule relating to legislative continuity
between sessions shall be subject to the provisions of Article IV, Section 7,
of the Constitution of Virginia.
20 (g). Each Committee shall have a clerk appointed by the Clerk of the Senate, after consultation with the Chair of the Committee. The Clerk of the Senate shall be the clerk to the Committee on Rules.
20 (h). The Chair of any Committee may appoint
subcommittees to consider a particular bill or resolution or to consider
matters relative to a portion of the work of the Committee. Such
subcommittees shall consist of four members, two Democrats and two
Republicans, and shall make recommendations to the Committee. The
Chair of the full Committee shall be an ex officio member of all subcommittees
and , but shall not be entitled to vote, but shall not benor
be counted as a member for purposes of a quorum. All subcommittees
shall be governed by the Rules of the Senate.
20 (i). Any Committee of the Senate may, at its discretion, confer with any Committee of the House of Delegates having under consideration the same subject and arrange joint meetings, hearings or studies, as the Committees deem appropriate.
20 (j). A Committee, after considering a bill or resolution referred to it may:
A. Rerefer the same to another Committee, in the same form received, to consider applicable portions of such bill or resolution as are germane to another Committee under the Rules, or may
B. Report it to the Senate
(i) without amendment,
(ii) with recommendation that a Committee amendment(s) be adopted, or
(iii) with recommendation that it be rereferred to another Committee (either with or without amendment), in which latter event the Clerk of the Senate shall so rerefer unless the Senate shall otherwise direct.
A recorded vote of members shall be taken upon any motion listed in A and B above and the name and number of those voting for, against or abstaining reported with the bill or resolution and ordered printed on the Calendar. The report recorded by the Committee Clerk shall be the recorded vote on the motion and cannot be changed unless the vote is reconsidered and voted upon again. A recorded vote shall not be necessary to report or rerefer a resolution, if that resolution does not have a specific vote requirement pursuant to these Rules.
20 (k). Any bill, except the budget bill sent down by the Governor, whose principal objective is taxation or which establishes a special fund or any type of nonreverting fund, whether or not such bill may also require an appropriation, tax, special or general revenue, shall first be referred to the Standing Committee which has jurisdiction of the subject matter of the bill as defined in rules 18 (a) through 18 (j) of the Rules of the Senate. If said bill is reported by the Committee of original jurisdiction then said bill shall be rereferred by the Committee to the Finance Committee.
20 (l). A Committee may refer the subject matter of a bill or resolution to any agency, board, commission, council, or other governmental or nongovernmental entity for comment, but the bill or resolution shall remain with the Committee. The Chair of the Committee shall direct the Clerk of the Senate to prepare the appropriate letter and the action of the Committee shall be made available to the public.
20 (m). Committees of the Senate are authorized to seek and obtain, in the period of time between sessions of the General Assembly, the services of citizens of the Commonwealth whose function will be to participate with such Committees or Subcommittees thereof in reviewing legislation or in performing any referred study or study initiated by the Committee or its Chair.
Persons appointed to serve shall receive reimbursement for their actual and reasonable expenses incurred in the performance of services for the Committees. For this purpose and for such other expenses as may be occasioned by the conduct of any Committee study, payments shall be made from the general appropriation to the Senate.
Persons who are asked by a Committee Chair to appear before a Committee or subcommittee to offer expert testimony may receive reimbursement for their actual and reasonable expenses if approved in advance by the Chair, in consultation with the Clerk.
20 (n). Whenever a bill is introduced that contains
matters that would be appropriate for an executive reorganization plan as
provided for in Chapter 1, Article 2 of Title 2.2 of the Code of Virginia or
which proposes that the Commonwealth provide new services or abolish any
existing service, it shall have the word "Organization" stamped upon
its covers.
21. At the appointed hour, the presiding officer of the Senate shall take the chair and call the Senate to order, and the order of business thereafter shall be as follows:
(a) A period of devotions.
(b) A roll call of members present.
(c) The reading of the Journal.
(d) A period to be called the "morning hour," for the following purposes:
i. to dispose of communications from the House of Delegates, the Executive, and the Judiciary.
ii. to receive reports from the Committees, for which purpose they shall be called by the Clerk unless the Senate shall direct otherwise.
iii. to recognize and welcome visitors to the Senate.
iv. to receive resolutions and bills, but such resolutions and bills may be received at the Clerk's desk at any time after the "morning hour," with leave of the Senate.
(e) Consideration of unfinished business. (Unfinished business is legislation before the Senate as a result of or pending action by the House of Delegates.)
(f) Consideration of the Calendar of the Senate for that day, for which purpose the Calendar shall be called by the Clerk of the Senate.
(g) Upon completion of the Calendar and then Senators expressing Point(s) of Personal Privilege and such other business as may come before the Senate, a recess or adjournment shall then be taken.
22. To expedite the business of the Senate, it may order the convening of a "special morning session," at which session no vote shall be taken or other business transacted except the introduction of bills and resolutions. Upon the completion thereof, such session shall recess to such time as the Senate may have theretofore ordered. Such "special morning session" shall be convened by the presiding officer or President pro tempore unless otherwise designated. The "special morning session" shall be considered adjourned upon the convening of the daily session.
23 (a). Notwithstanding Rule 21 and Rule 22, any subject may, by a recorded vote of a majority of the members elected, be made a special and continuing order, to commence at a time to be fixed by the Senate, and when the time so fixed for its consideration arises, the presiding officer shall lay it before the Senate.
23 (b). When two or more special and continuing orders have been made for the same time, they shall have precedence according to the order in which they were severally assigned, and that order shall only be changed by majority vote of those present. All motions to change such order shall be decided without debate.
24. When a bill or resolution of the House of Delegates is passed or rejected by the Senate, the fact of the passage or rejection, with the bill or resolution, shall be communicated to the House of Delegates.
25 (a). All bills, resolutions or other business originating in the Senate and all bills, resolutions or other business sent from the House of Delegates shall be dispatched in the order in which they are introduced or received, unless the Senate shall otherwise direct.
25 (b). Bills or resolutions of either house shall be divided on the Calendar between the designation "Uncontested Calendar" and "Regular Calendar," and be considered in such order. When such a division is made for bills or resolutions, the Uncontested Calendar shall not include any bills or resolutions (i) which receive a dissenting vote or abstention in Committee, or (ii) to which objection is made by any Senator on first reading. Any bills or resolutions shall be removed from the Uncontested Calendar at any time at the request of any Senator. Resolutions which do not have a specific vote requirement pursuant to these Rules shall not be placed on the Uncontested Calendar but may be divided separately.
25 (c). It shall be the duty of the Clerk to see that the printing and engrossing, when ordered, shall be done in such time that the bills and resolutions may be acted upon according to their priorities upon the Calendar. If, however, any bill or resolution is not ready when it is reached upon the Calendar, it shall be passed by, and be allowed to retain its place upon the Calendar.
25 (d). When the Calendar has been called through, it may be called again in order to dispose of any business that may be ready, and if there is none, the business of the "morning hour" shall be resumed and disposed of; but the business of the "morning hour" shall in no case be allowed to interfere with that of the Calendar without the unanimous consent of the members present.
26 (a). No law shall be enacted except by bill.
Every bill, upon its introduction, shall be referred to the appropriate
Committee. No bill shall become a law until the procedures required by
Article IV, Section 11, of the Constitution of Virginia have been
observed.
26 (b). No bill expressly amending any existing law
shall be offered by any member unless or until the original and all copies
thereof have been prepared so as to indicate deletions and additions. Each bill
or resolution shall be signed by at least one Senator or by the Clerk of the
Senate upon authorization of a member who has become incapacitated. Any
bill or resolution offered for introduction in the Senate may show two senators
as chief patrons and as "House Patrons" the signatures of members of
the House of Delegates. The title of any bill having any provisions pertaining
to taxation or revenues shall so indicate. The form for deletions and
additions shall be to set forth the material deleted with lines through such
material, e.g., deleted material or words, and to underscore the
words added, before they are received in the Senate. However, the
stricken material and underscoring and italics in the printed bill, enrolled
bills, and printed Acts shall not be considered evidence of all amendments to
any bill or existing statute, but merely as an aid for quick reference to
amended portions. Nothing herein contained shall be construed as
requiring the use of stricken material or underscoring when new words are
substituted for existing words where the new words or the omission of words
does not change the sense or meaning of the act.
26 (c). The title of a bill or resolution and all amendments offered thereto shall be entered upon the Journal, except the amendments in the nature of a substitute shall be printed separately, and only the titles thereof entered upon the Journal.
26 (d). Any Senate bill or resolution which has been amended during the legislative process by the Senate shall be engrossed and reproduced by the Clerk of the Senate, as soon as practicable, in sufficient numbers for the members of the Senate and House of Delegates.
26 (e). The designation of "Senate Bill" or "Senate Resolution" or "Senate Joint Resolution" shall not be changed nor amended after a bill or resolution is introduced in the Senate. Nor shall the designation of "House Bill" or "House Joint Resolution" be changed or amended after the bill or resolution is received by the Senate.
26 (f). Any member of the Senate or House of Delegates who requests in writing to the Clerk that he be added as a co-patron of any bill or resolution, provided that the first vote on the passage of the bill or agreement to the resolution has not occurred, or, if the bill or resolution is not reported from Committee, then prior to the last action on such legislation, shall be listed in the Journal as a co-patron of such bill or resolution, and shall be so listed on such bill or resolution at its next printing, if any.
Any member of the Senate or House of Delegates may also request in writing to the Clerk that his name be removed as a co-patron of any bill or resolution provided that the first vote on the passage of the bill or agreement to the resolution has not occurred, or, if the bill or resolution is not reported from Committee, then prior to the last action on such legislation, and thereafter his name shall not be listed in the Journal as a co-patron of such bill or resolution, nor shall his name be listed on such bill or resolution at its next printing, if any.
26 (g). Any memorial or commending resolutions shall
conform to the form and procedure set forth by the Clerk of the Senate and
shall not be referred to the Committee on Rules, but shall be placed upon the
Calendar on the next Thursday of the session and shall be considered for
approval on said day; however, any one member may object to such consideration
and the same shall be continued to the next Thursday session or any member may
move that the same be referred to the Committee on Rules. No exception
to this Rule 26 (g) shall be made, unless the Senator proposing such exception
has first presented it at a meeting of the Committee on Rules and a majority of
the members elected to such Committee has voted in favor of the exception.
27. Bills or resolutions originating in the House of Delegates and communicated to the Senate shall be read by title the first time when received and referred to the appropriate Committee unless otherwise directed by the Senate.
28 (a). No bill or resolution reported from a Committee of the Senate shall be recommitted or amended until it has been twice read by title, nor shall any Senate bill or resolution be amended after its third reading, except by the unanimous consent of the Senate. House bills or resolutions may be recommitted or amended at any time before their final passage, but a bill or resolution which has been recommitted to a Committee, when reported by Committee, shall be restored on the Calendar to the status it had before it was recommitted.
28 (b). In the case of a House bill or resolution, engrossment shall only apply to such amendments as may have been made in the Senate.
29 (a). Communications from the Executive shall lie on the table at least one day after being received by the Clerk of the Senate, unless otherwise ordered.
29 (b). Whenever a Senate bill or resolution is reported to the Senate with one or more House amendments, copies of all such amendments shall be furnished to each Senator. The same shall apply to amendments proposed by a Senate Committee or by a Senator, unless otherwise ordered by the Senate.
30. Every question shall be put in the affirmative and the presiding officer shall declare whether the yeas or the nays have it, which declaration shall stand as the judgment of the Senate. The yeas and nays on any question shall, at the desire of one-fifth of those present, be entered on the Journal. On the final vote of any bill, and on the vote in any election or impeachment conducted in the General Assembly or on the expulsion of a Senator, the name of each Senator voting, and how he voted shall be recorded in the Journal. After the roll has been taken, and before the vote is announced by the presiding officer, any Senator shall have the right to correct any mistake committed in enrolling his name and the presiding officer shall order the vote to be stricken.
31. Any Senator may call for a division of the question, which shall be divided if it comprehends propositions so distinct in substance that, one being taken away, a substantive proposition shall remain for the decision of the Senate.
32. Upon the determination of a question, any Senator may enter his protest upon the Journal, with the consent of one-third of the Senators present; and on the question "Shall the protest be entered on the Journal?", no privileged motion as set out in Rule 46 (a) or Rule 46 (b) shall be in order except to adjourn.
33. Whenever the Senate proceeds to consider any
nominations or appointments after the same have been reported by the
appropriate Committee, which are subject to the choice or ratification of the
Senate, and when it is so ordered by the Senate pursuant to Chapter 21 37
of Title 30 2.2 of the Code of Virginia, the same shall be
considered in executive session.
34. Upon a motion for the pending question, agreed to by a majority of the Senators present, as indicated by a recorded vote, and there being no other motions afforded priority by these Rules, the presiding officer shall immediately put the pending question. All incidental questions of order arising after a motion for the pending question is made, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.
35. Upon a motion for the previous question, agreed to by a majority of the Senators present, as indicated by a recorded vote, and there being no other motions afforded priority by these Rules, the presiding officer shall immediately put the question, first upon the amendments in the order prescribed in the Rules, and then upon the main question. If the previous question be not ordered, debate may continue as if the motion had not been made.
36. Every Senator present in the Chamber, when any question is put or vote taken, shall vote or be counted as voting on one side or the other, except in the case of pairs, as hereinafter provided. A Senator who has a personal interest in the transaction, as defined in § 30-101 of the Code of Virginia, shall neither vote nor be counted upon it, and he shall withdraw, or invoke this rule not to be counted, prior to the division and the fact shall be recorded on the voting machine. If a Senator invokes this rule, the Senator shall not participate, directly or indirectly, in the matter wherein the rule is invoked. Pairs upon any question pending may be made and entered upon the Journal, and in such cases shall be announced immediately upon completion of the roll call, and before the announcement of its result. Pairs may be general or special. General pairs shall extend to and include all motions, amendments, or other proceedings in aid of or against the question pending, and which is the subject of the pairs. Special pairs shall depend in their scope upon the agreement between the Senators making the same, but in absence of a specific agreement, the presumption shall be conclusive that the pairs are general. The Senator announcing a pair shall be counted as present for the purposes of establishing a quorum. Pairs may be taken in Committee votes under this rule herein set forth.
37. The voting machine may be used for the call of the roll, for recording abstentions under Rule 36, or for the affirmative and the negative of the question.
38 (a). No Senator shall be allowed to vote or submit a vote statement unless he is in attendance at the daily session at the time the Senate is being divided, or before a determination of the question upon a call of the roll, and is physically present in the Chamber, or one of its anterooms. A Senator may submit a vote statement if he was not recorded as voting or if his recorded vote does not reflect his intention. The statement shall be limited to the fact that his vote was not recorded or that his vote did not reflect his intention and must be submitted to the Clerk of the Senate by the adjournment of the daily session.
38 (b). In cases where the presiding officer is also a member of the Senate at the time a recorded vote is being taken, the presiding officer shall request another Senator to cast his vote for him or shall cast his vote from the Chair.
38 (c). The Senate members of any committee of conference with the House of Delegates shall be designated by the Chair of the Committee to which the bill or resolution in conference was first referred by the Clerk of the Senate. All conference committees shall be composed of an equal number of Democrats and Republicans. If a Senate bill or resolution is in conference, the chief patron(s) of the same shall be a conferee and, where feasible, members of a Committee to which the bill or resolution was referred or rereferred shall comprise the conferees.
Any conference report must be agreed to by the majority of the members of each house on the conference committee before it may be filed with the Senate. If the report of the first named conference is rejected by the Senate or the conferees cannot agree, the Chair shall designate the same or new conferees in the event a second conference is formed.
Conferees shall not insert in their report matters not committed to them by either house, nor shall they strike from the bill or resolution in conference matters agreed to by both houses.
38 (d). When a committee of conference is meeting it shall inform the Clerk of the place of meeting; and, when a vote be put, the presiding officer shall, before calling the vote, inform the Senate conferees of the pending vote and grant them a reasonable opportunity to return to the Chamber to vote.
39 (a). While the presiding officer is reporting or putting any question, or the Clerk of the Senate is reporting a bill or resolution or calling the roll, or a Senator is addressing the Chair, strict order shall be observed. No Senator or other person shall give audible expression to his or her approval or disapproval of any proceeding before t
RESOLVED by the Senate of Virginia, That the following are adopted as the Rules of the Senate to supersede all previous Rules of the Senate:
1. The presiding officer of the Senate shall be the Lieutenant Governor of the Commonwealth as the President of the Senate in accordance with Article V, Section 14, of the Constitution.
2 (a). There shall be elected by the Senate, on the first day of the session following the election of the Senate, a President pro tempore who shall serve for a term of four years and be a senior member in the Senate.
2 (b). In the event of the absence, disability or
vacancy in the office of the Lieutenant Governor, the President pro tempore
shall carry out the duties of the Lieutenant Governor as presiding
officer. Further, the President pro tempore shall be the Chairman Chair of
the Commission on Interstate Cooperation of the Senate.
2 (c). The President pro tempore shall have the right to name in open session, or if he is absent, in writing, a Senator to perform the duties of the presiding officer, but such substitution shall not extend beyond an adjournment of a daily session, except by unanimous consent of those present.
2 (d). In the event of a vacancy in the office of the Lieutenant Governor, or whenever the powers and duties of the Governor shall devolve upon the Lieutenant Governor, the President pro tempore shall have the right to name, in writing, a Senator to perform the duties of the presiding officer during his absence; and the Senator so named shall have the right to name, in open session, or in writing, if he is absent, a Senator to perform the duties of the presiding officer, but such substitution shall not extend beyond adjournment of a daily session, except by unanimous consent of those present.
3. The presiding officer, after taking the Chair pursuant to these Rules, and a quorum being present, shall cause the Journal of the preceding day to be read. The reading of the Journal may be waived by a majority of those Senators present and voting. The reading of the Journal may be waived at a reconvened session of a special session by at least two members present and voting, only if there is no business to consider in accordance to Article IV, Section 6 of the Constitution of Virginia. Any errors in the entries shall be corrected, and the Journal being found correct, shall be signed by the presiding officer for that day and the Clerk of the Senate. The Journals, when so signed, shall be the official records of the proceedings of the Senate.
4. If any question is put upon a bill or resolution, the presiding officer shall state the same without argument.
5. A member of the Senate shall be a Senator elected to
represent one of the 40 senatorial districts. A majority of Senators
shall constitute a quorum to do business; two may adjourn, and nine may order a
call of the Senate, send for absentees, and make any order for their censure or
discharge. However, not less than 16 may meet by proclamation of the Governor
under the provisions of Article IV, Section 8,
of the Constitution. At a special session or a reconvened session of a
special session when there is no business to consider in accordance with
Article IV, Section 6 of the Constitution of Virginia, two members may convene
the Senate, dispense with the reading of the Journal, recess or adjourn the
Senate.
6. No Senator shall absent himself from the service of the Senate without leave.
7. The Senate shall elect 11 Pages representing
each of the Congressional districts and five Pages shall be
appointed by the following: one by the Lieutenant Governor; one by the
President pro tempore; one by the chairman chair of the caucus of the
majority party; one by the majority leader; and one by the minority
leader. The Pages shall be no less than 13 and no more than 14 years of
age at the time of election or appointment, shall be residents of the
Commonwealth of Virginia, and shall be elected or appointed for a term of one
year. No Page shall be eligible for reelection. Any such Page so
elected or appointed may be suspended or dismissed for cause by the Clerk of the
Senate.
8 (a). A Clerk of the Senate shall be elected by the
Senate for a term of four years and shall thereafter continue in office until
another is chosen. The oath of office shall be administered to the Clerk
of the Senate by any person qualified by law to administer oaths. If a
vacancy in the office of Clerk of the Senate occurs when the General Assembly
is not in session, a successor shall be selected elected by the Committee on
Rules to serve until the first day of the next session, at a meeting to be
called by the ChairmanChair,
or in his absence or inability to act, the next senior member of such Committee
able and willing to do so. At least five days notice by certified mail of
the time, place and purpose of the meeting shall be given all members of the
Committee, and, at such meeting, the person receiving the votes of a majority
of the members present and voting shall be elected to fill the vacancy.
8 (b). The Clerk of the Senate shall be the custodian of the public seal and design of armorial bearings of the Senate.
8 (c). The Clerk of the Senate shall be the custodian of
all records and papers of the Senate and the Clerk shall not suffer any such
records or papers to be taken from the Clerk's desk or out of the Clerk's
custody by any person except the Chairman Chair or the clerk of a
Committee, or any Senator on taking receipts for same. Amendments agreed
to by the Senate shall be handled only by the Clerk of the Senate, or staff
members designated by the Clerk.
8 (d). It shall be the duty of the Clerk of the Senate to refer all bills and resolutions to the appropriate standing Committee or the Committee on Rules as provided in these Rules. If there is any objection as to the referral by the Clerk of the Senate of any bill or resolution to any standing committee or the Committee on Rules, the Committee on Rules shall hear the same, resolve the issue and report to the Senate.
8 (e). The Clerk of the Senate shall prepare a list of
the Senators in order of seniority. Seniority shall be based upon longest
continuous service in the Senate. However, if a Senator has previous
interrupted service in the Senate, then the beginning date of such previous
Senate service shall qualify the Senator for seniority before those Senators
elected at the same time not having previous service in the Senate, and if a
Senator has previous service in the House of Delegates then the beginning date of such House serviceseniority shall be based upon longest
continuous service in the House of Delegates and
shall qualify the Senator to seniority before those Senators elected to the
Senate at the same time not having previous service in the House of
Delegates. Senators elected at the same time without previous service in
the Senate or House of Delegates shall have their seniority determined by a
public drawing of lots, conducted by the Clerk of the Senate, to which all
Senators involved shall be invited to attend. After the name of each
Senator there shall be indicated the name of the political party under which
the Senator was elected or abbreviation of the same; e.g., "Rep." or
"Dem." If a Senator was not elected as a nominee of a political
party, then such Senator shall be listed as an Independent, or
"Ind."; however, if any Senator is elected at a special or general
election and such Senator has, prior to such election, declared himself in
writing a member of a political party during and prior to such election and the
political party of his choice did not hold a convention or call a primary
election for such election, such Senator shall be listed as a member of the
party of which he declared himself a member.
8 (f). The Clerk of the Senate, after the election of
Senators, shall assign chamber desks to the individual Senators with the
Senators elected as members of the majority party in the Senate in the chamber
area beginning at the north south side of the chamber until
all such desks have been assigned, and then the Senators elected as members of
the minority party in the Senate, and then any Senator not elected as a member
of the two major political parties. The Clerk of the Senate shall also assign
office space in such buildings as may be made available for the use of the
Senate. Whenever feasible, the Clerk of the Senate shall give due
consideration in assigning chamber desks and office space to the seniority and
request of a Senator. However, the chamber desk or office space of a
Senator having immediate prior service in the Senate shall not be reassigned
unless he shall so request the Clerk of the Senate.
Should any Senator, however, during his term of office, cease
to be a member of the political party of which he was a member at the time of
his election either by self-declaration as confirmed by a
two-thirds majority of the members elected to the Senate,
or through other conduct as confirmed by a two-thirds majority of the members
elected to the Senate, or if a special election results in a change of
political party membership, the Clerk of the Senate, upon such change in
political party membership, is authorized to reassign chamber desks and office
space accordingly.
8 (g). The area of the General Assembly Building assigned to the members of the Senate, their legislative support staff, the staff of the Senate, the facilities and space for those charged with the maintenance, repair, and security of such building, and such space designated for the news media shall not be utilized or occupied as office space by any other person or persons, except by vote of the Committee on Rules.
8 (h). During the sessions, the Clerk shall provide postage, as approved by the Committee on Rules, and
office supplies for official use by the Senators. Postage provided for use by members of the Senate
during the sessions of the General Assembly shall be used as necessary to carry
out the legislative duties of such members, and shall not be used for the
purpose of mailing newsletters. A newsletter is a written communication
that is more than one page in length, the contents cover more than one topic,
and 500 or more copies are requested to be printed in a calendar year.
9. The Journal of the Senate shall be daily drawn up by the Clerk of the Senate, and shall be read the succeeding day, unless the reading thereof is waived as provided in these Rules; it shall be printed under the supervision of the Clerk of the Senate and delivered to the Senators without delay.
10 (a).
The Clerk of the Senate shall appoint a chief deputy clerk and such staff as
necessary to perform the work of the Senate. The Clerk may also appoint
such number of messengers as may be required. The Clerk of the Senate shall
also appoint such committee clerks as may be necessary after consultation with,
and the approval of, the Chairmen Chair of the Committee on Rules and the Chairs of
the several Committees. The Clerk of the Senate shall also appoint such
additional committee staff as may be necessary after consultation with, and the
approval of, the Chair of the Committee
on Rules. All committee clerks so appointed shall remain in the Capitol
or other legislative facilities during the daily sessions of the Senate, and
committee clerks shall be assigned for duties with various standing Committees
by the Clerk of the Senate, after consultation by the Clerk of the Senate and
with the approval of the Chairman Chair of each such
Committee. Additional committee staff shall be assigned for duties with
various standing Committees by the Clerk of the Senate, after consultation
with, and the approval of, the Chair on the Committee
on Rules and the Chair of
the respective Committee.
Each clerk shall perform any other duties that the Clerk of the Senate shall
require, when not employed by their respective standing Committees. Clerks
may be removed by the Clerk of the Senate, after consultation with, and the
approval of, the Chairman Chair of the Committee on Rulesof the Committee to which such clerk is assigned.
Additional committee staff may be removed by the Clerk of the Senate, after
consultation with, and the approval of, the Chair of the Committee
on Rules. The Clerk of the Senate shall have supervision over all
employees of the Senate. During sessions, the Clerk shall provide postage and office supplies for
official use by the Senators.
10 (ab). The Clerk of the
Senate shall be the clerk to the Committee on Rules.
11 (a). Before reading each bill or resolution by title, the Clerk of the Senate shall announce, either by individual bill or resolution or en bloc, whether it is the first, second, or third time of such reading.
11 (b). The Clerk of the Senate shall keep at the Clerk's desk, during the sittings of the Senate, a calendar which shows the business of the Senate. The Clerk shall have printed and placed on the desk of each member, before the assembling of the Senate each day, a calendar of pending bills and resolutions. The Clerk shall prepare a list of all bills and resolutions offered on the preceding day, with the names of the patrons, titles of the bills or resolutions, and the Committees to which the same have been referred under these Rules.
12. It shall be the duty of the Clerk of the Senate, without special order therefor, to communicate to the House of Delegates any action of the Senate upon business coming from the House of Delegates, or upon matters requiring the concurrence of that body, but no such communication shall be made in relation to any action of the Senate while it remains open for consideration.
13. The Clerk of the Senate shall, at the beginning of the term after the election of Senators, have printed and bound with the manual and rules, etc., the Constitution of Virginia and the Constitution of the United States for the use of the Senators. Supplements to said manual shall be issued as circumstances may require.
14 (a). Whenever the Clerk of the Senate is absent, the chief deputy clerk appointed pursuant to law and these Rules shall exercise the powers and perform the duties conferred and imposed upon the Clerk of the Senate by law and these Rules, by and with the consent of the Committee on Rules.
14 (b). In the discharge of all the duties assigned to the Clerk, and such other duties as the Clerk may from time to time undertake, the Clerk shall be subject to the direction of the Committee on Rules.
15. A Sergeant-at-Arms shall be elected by the Senate, and shall continue in office at the pleasure of the Committee on Rules for a term not exceeding four years. Except as otherwise provided by these Rules, his duties shall be prescribed by the Committee on Rules.
16. Except by order of the Senate, no Senator shall be taken into custody by the Sergeant-at-Arms on any grounds other than to quell a breach of the peace until the matter is examined by the Committee on Privileges and Elections and reported to the Senate.
17 (a). The Doorkeepers shall be constantly at their post during the daily sessions of the Senate and shall permit no one to enter freely or remain upon the floor of the Senate during the daily session, except the President of the Senate; members of the General Assembly; officers and employees of the Clerk of the Senate and the Clerk of the House of Delegates; and, representatives of the news media in such numbers as may be seated in accommodations provided for them at the press tables. The Committee on Rules shall consider and determine all matters concerning the news media in the Senate Chamber.
17 (b). Members of a Senator's family and such persons
whom a Senator may invite shall be entitled to seats in a reserved section of
the gallery. Representatives of the news media who cannot be accommodated
with seats at press tables on the floor may also be entitled to seats in a
reserved section of the gallery. The Committee on Rules shall
consider and determine all matters concerning the news media in the Senate
Chamber.
17 (c). Fifteen minutes prior to the convening of every daily session, the Sergeant-at-Arms shall clear the floor of the Senate of all persons other than those who are authorized to be there during each session and shall not permit unauthorized persons upon the floor of the Senate for five minutes following the conclusion of every daily session.
17 (d). Interviews are not allowed in the Senate Chamber during the daily session or during the recesses during the daily session. Interviews in the Senate Chamber shall end 15 minutes prior to the scheduled start of the daily session and shall not commence until five minutes after the adjournment of the daily session.
17 (e). Whenever any person requests an interview with a Senator or the Clerk of the Senate, a Doorkeeper shall send the request by a Page.
17 (f). A Doorkeeper shall direct all persons not entitled to entry on the floor of the Senate, as set out above, to the gallery of the Senate.
18. At the commencement of each session after the
election of Senators, members shall be
elected to the following standing Committees and the Committee on Rules a nominations report shall be submitted by the
majority caucus to elect members to the
standing Committees and the Committee on Rules for a term current coincident with their
term of office in such numbers as hereinafter set forth:. Such members shall be
elected by a majority vote of those present and voting. The
President of the Senate shall be empowered to break a tie vote, where
there is an equal division among the
Senators, on matters pertaining to committee assignments and
other matters relating to the
organization of the Senate.
18 (a). A Committee on Agriculture, Conservation and Natural Resources, 15 Senators, to consider matters concerning agriculture; air and water pollution and solid waste disposal; conservation of land and water resources; crustaceans and bivalves; all matters of environment, forest, fresh and salt water fishing, game, mining, parks and recreation, and petroleum products.
18 (b). A Committee on Commerce and Labor, 15 16 Senators,
to consider all matters concerning banking; commerce; commercial law;
corporations; economic development; industry; insurance; labor; manufacturing;
partnerships; public utilities, except matters relating to transportation;
tourism; workmen's compensation and unemployment matters.
18 (c). A Committee for Courts of Justice, 15 Senators, to consider matters relating to the Courts of the Commonwealth and the Justices and Judges thereof, including the nominations of such Justices and Judges where provided by the Constitution and statutes of Virginia; and all matters concerning the criminal laws of the Commonwealth; together with all matters concerning contracts, domestic relations, eminent domain, fiduciaries, firearms, garnishments, homestead and all other exemptions, immigration (with the exception of matters relating to the powers of the Governor or education), magistrates, mechanics' and other liens, notaries public and out-of-state commissioners, property and conveyances (except landlord and tenant and condominium matters), wills and decedents' estates.
It shall report to the Senate the names of such persons as it
shall find qualified for election as a Justice or Judge of the
Commonwealth. Senators, all or part of whose Senate Districts are within
the Circuit or District for which a Judge is to be elected, shall jointly nominate a qualified
person for such election by affirmation
of a majority of such Senators on a form
provided by the Clerk of the Senate. If such Senators
are unable to agree on a nominee, a Senator shall only nominate a person deemed
qualified by the Committee for Courts of Justice for any judicial position.
Whenever a vacancy in the office of a justice of the Supreme
Court or judge of the Court of Appeals is announced, the Chairman Chair of the Committee for
Courts of Justice shall establish a date certain by which any Senator may
forward the name of any potential nominee for such office to the ChairmanChair.
18 (d). A Committee on Education and Health, 15 Senators, to consider matters concerning education; human reproduction; life support; persons under disability; public buildings; public health; mental health; mental retardation and health professions.
18 (e). A Committee on Finance, 15 Senators, to consider matters concerning auditing; bills and resolutions for appropriations; the budget of the Commonwealth; claims; general and special revenues of the Commonwealth; all taxation and all matters concerning the expenditure of funds of the Commonwealth.
18 (f). A Committee on General Laws and Technology, 15 Senators, to consider matters concerning affirmation and bonds; the boundaries, jurisdiction and emblems of the Commonwealth; cemeteries; condominiums; consumer affairs; fire protection; gaming and wagering; housing; inter- or intra-government information technology applications and uses other than those proposed or used to support the operations of the General Assembly or the Senate; land offices; landlord and tenant; libraries; military and war emergency; nuisances; oaths; professions and occupations (except the health and legal professions); religious and charitable matters; state governmental reorganization; veterans' affairs; warehouses; and matters not specifically referable to other Committees, including, but not limited to, matters relating to technology, engineering, or electronic research, development, policy, standards, measurements, or definitions, or the scientific, technical, or technological requirements thereof, except for those affecting the operations of the General Assembly or the Senate.
18 (g). A Committee on Local Government, 15 Senators, to consider matters of local government in the counties, cities, towns, regions or districts, planning boards and commissions and authorities, except matters relating to the compensation of elected officeholders, where funds of the Commonwealth are involved.
18 (h). A Committee on Privileges and Elections, 15 Senators, to consider matters concerning voting; apportionment; conflict of interests, except those concerning members of the judiciary or solely the legal profession, provided that any such matter, after being reported by the Committee, shall be rereferred by the Committee to the Committee for Courts of Justice for consideration of the matters relating only to members of the judiciary or solely to the legal profession; constitutional amendments; elections; elected officeholders; reprimand, censure, or expulsion of a Senator; and nominations and appointments to any office or position in the Commonwealth (except Justices and Judges of the Commonwealth). It shall consider all grievances and propositions, federal relations and interstate matters. It shall examine the oath taken by each Senator and the certificate of election furnished by the proper office and report thereon to the Senate. It shall review and report as may be required in cases involving financial disclosure statements and shall recommend disciplinary action by majority vote where appropriate. It shall report in all cases involving contested elections the principles and reasons upon which their resolves are founded. It shall determine and report on all matters referred to it by the Senate Ethics Advisory Panel as set forth in the statutes.
Whenever the Clerk receives a report of the Senate Ethics
Advisory Panel or a resolution seeking the reprimand, censure, or expulsion of
a Senator, he the report
shall be referred forthwith to the Committee
on Privileges and Elections. The Committee shall consider the matter,
conduct such hearings as it shall deem necessary, and, in all cases report its
determination of the matter, together with its recommendations and reasons for
its resolves, to the Senate. If the Committee deems disciplinary action
warranted, it shall report a resolution offered by a member of the Committee to
express such action. Any such resolution reported by the Committee shall
be a privileged matter. The Senate as a whole shall then consider the
resolution, and, by recorded vote, either defeat the resolution or take one or
more of the following actions: (i) reprimand the Senator with a majority vote
of the Senators present and voting; (ii) censure the Senator and place the
Senator last in seniority with a majority vote of the elected membership of the
Senate; (iii) expel the Senator with a two-thirds vote of the elected
membership of the Senate; or (iv) refer the matter to the Attorney General for
appropriate action with a majority vote of the Senators present and voting, in
the event the Senate finds a knowing violation of § 30-108 or subsection C of §
30-110 of the Code of Virginia.
18 (i). A Committee on Rehabilitation and Social Services, 15 Senators, to consider matters concerning alcoholic beverages; correctional and penal institutions; morals; social services and welfare; and substance abuse.
18 (j). A Committee on Transportation, 15 Senators, to consider matters concerning airports; airspaces; airways; the laws concerning motor vehicles relating to rules of the road or traffic regulations; heliports; highways; port facilities; public roads and streets; transportation safety; public waterways; railways; seaports; transportation companies or corporations; and transportation public utilities. Any matter relating to rules of the road or traffic regulations which include a change in a penalty shall be rereferred by the Committee to the Committee for Courts of Justice.
19 (a). A Committee on Rules, which shall be in addition to
the foregoing standing Committees, 17 Senators,
consisting of the standing Committee Chairs; the President pro tempore, if the
person is not a Chair; the Majority Leader, if the person is not a Chair; the
Minority Leader; and members other Senators to
comprise the not more
than 17. The Chair of the Committee on Rules shall
not be Chair of any standing Committee. The Committee shall consider all
resolutions amending or altering the Rules of the Senate; all joint rules with
the House of Delegates; all bills and resolutions creating study committees or
commissions; and all other resolutions (except those of a purely procedural
nature, those concerning nominations and appointments to any office or position
in the Commonwealth including the nominations of Justices and Judges, and those
concerning constitutional amendments). The Committee may report such bills or
resolutions with the recommendation that they be passed, or that they be
rereferred to another Committee. In considering a bill or resolution, the
Committee is empowered to sit while the Senate is in session. There shall be a
subcommittee of the Committee,
consisting of the Chair and six members
appointed by the Chair to equal the number of
House members appointed to the subcommittee, which
shall exercise on behalf of the Committee such powers as are delegated to the
Committee when acting jointly with the Committee on Rules of the House of
Delegates or a subcommittee thereof.
19 (b). If there is any objection as to the referral by the Clerk of the Senate of any bill or resolution to any standing Committee or any matter relating to the Office of the Clerk, the Committee on Rules shall hear the same, resolve the issue and report to the Senate.
19 (c). The Chair of the Committee
on Rules, in consultation with the Clerk,
shall consider and determine all matters concerning the news media in the
Senate Chamber; all policies concerning travel expenses and reimbursements; all
matters concerning joint assemblies with the House of Delegates and such
persons, not members of the Senate, who are to be permitted to address the
Senate; and all matters concerning the utilization of the facilities available
to the Senate and its membership. It The Chair, in consultation with the
Clerk, shall prescribe the duties not
otherwise prescribed for the Clerk, Sergeant-at-Arms, and Doorkeepers. It The Chair, in
consultation with the Clerk, shall
approve the appointment, removal, and assignment for duties of the additional
committee staff authorized in Rule 10 (a).
19 (d). The Committee on Rules shall from time to time prescribe such requirements as will expedite the flow of the work of the Senate, all such requirements being subject to the approval of the Senate.
19 (e). Postage
provided for use by members of the Senate during Sessions of the General
Assembly shall be used as necessary to carry out the legislative duties of such
members, and shall not be used for the purpose of mailing newsletters. A
newsletter is a written communication that is more than one page in length, the
contents cover more than one topic, and 500 or more copies are requested to be
printed in a calendar year.
19 (f)(e). The Chair of the
Committee on Rules shall appoint a subcommittee to review the financial
disclosure statements filed annually by members or candidates and shall
determine whether each statement is correct and complete as filed or requires
correction, augmentation, or revision by the member or candidate involved, who
shall be directed in writing to make the changes required within such time as
shall be set by the Committee.
Additional review shall be made of any financial disclosure
statement by the Committee on Rules upon a request in writing by ten 20 percent
of the membership of the Senate on the basis of newly discovered evidence. This
review shall be made promptly, the adequacy of filing determined, and notice of
the determination of the Committee sent in writing to the member
involved. If a financial disclosure statement is found to need
correction, augmentation, or revision, the member or candidate involved shall
be directed in writing to make the changes required within such time as shall
be set by the Committee. Failure to make the correction shall result in the
matter being referred to the Committee on Privileges and Elections for
disciplinary action pursuant to Rules 18 (h)
and 53 (b).
19 (gf). There shall be a
Subcommittee on Standards of Conduct of the Committee on Rules, consisting of
three members, one of whom shall be a member of the minority party, appointed
by the Chair. The Subcommittee shall consider any request by a Senator
for an advisory opinion as to whether the facts in a particular case would
constitute a violation of the Rules of the Senate or any statute enacted
relative to conflicts of interests, and may consider any other matters assigned
to it by the Committee on Rules. Any Senator requesting such an advisory
opinion shall submit the request in writing, addressed to the Chair of the
Committee on Rules, and shall set forth specifically the facts relative to the
opinion sought. The Subcommittee shall convene as soon as practicable,
granting the Senator requesting the opinion the right to appear and, upon the
conclusion of its deliberations, the Subcommittee shall submit its written
opinion to the full Committee on Rules. The Committee on Rules shall
consider the written opinion submitted by the Subcommittee and, if accepted,
the same shall constitute an advisory opinion for the conduct of the members of
the Senate on the issues set forth. The Clerk of the Senate shall
maintain a record of such advisory opinions, which shall be available to any
member of the Senate.
19 (hg). Any Senator who
wishes to present a person to the Senate shall first seek the approval of the Chair of the Committee
on Rules. The Senator shall submit a written request to the Chair of the
Committee and a copy of the request to the Clerk of the Senate, 48 hours prior
to the time of the presentation. The Committee
or a subcommittee designated by the Chair shall determine
the merit of the presentation and notify the Senator of its the decision. The
submission of the written request and the approval of the Committee
or a subcommittee designated by the Chair shall not be
required to present members of the Virginia Congressional Delegation and former
members of the Virginia Senate. Whenever possible, a person
shall be presented to the Senate on Tuesdays and Thursdays during the morning
hour of the session. The Chair, in consultation
with the Clerk, shall approve the dates for the
presentations. During the regular
session, presentations
shall not be made on Fridays, crossover, or any day involving
action on the appropriation act.
19 (ih). The Committee on
Rules shall make all Senate appointments to study committees and commissions in
the number authorized for the Senate, whether the authority is limited to
Senate members or other persons. It shall appoint members of the Senate
to such other committees as may be required to serve as joint committees with
the House of Delegates under its Rules, and shall appoint members of the Senate
to serve as Senate members on any Committee or Commission required by
statute. Senate membership on all
joint subcommittees and commissions with the
House of Delegates shall be of equal membership. If no
member of a standing Committee of the Senate specified in a study resolution is
able to serve, the Committee on Rules may appoint a member of the Senate at
large to the study notwithstanding the provisions of the enabling resolution.
20 (a). The total membership of all Committees and the
membership of each standing Committee shall be composed of members of the two
major political parties in the Commonwealth in
proportion to the number of Senators of each of such political parties, as
nearly as practicable, and as nearly as practicable with
equal membership of resident Senators from the several congressional districts
of the Commonwealth as the same exist on the date of election of the Senate. As nearly as practicable, no more than two resident
Senators in the same congressional district shall serve on the same
Committee. However, if none of the resident Senators of the same
congressional district makes a request, in writing, for a particular Committee
assignment, this requirement may be waived. Senators shall serve terms on such Committees
coincident with their current terms of
office. No member shall be removed
from the a Committee to which he or she was elected,
except by a two-thirds vote of the members elected present and voting or by
forfeiture under these rules or upon submission
of the member?s resignation from the Committee.
The standing Committees may also include any Senator not
elected as a member of the two major political parties. All members of
the Senate shall be elected to the standing Committees, where practicable. No member of the Senate shall serve on more than
four, nor less than three, standing Committees. When
the Committees are elected, the Senator first named shall be the Chair.
However, a Senator shall serve as Chair of only one of the standing
Committees. Next shall be listed the members, listed by seniority and by
the date elected to the Committee. At the first meeting of the
Committee, the Chair may appoint and announce a vice
chair.
Should any Senator, during his term of office, cease to be a
member of the political party of which he was a member at the time of his
election either by self-declaration as confirmed by a
two-thirds majority of the members elected to the Senate,
or through other conduct as confirmed by a two-thirds majority of the members
elected to the Senate, he shall be deemed, thereby, to have forfeited all
Committee memberships to which he may have been elected.
20 (b). Any vacancy in Committee membership during the four-year term of the Committee members shall be filled in the manner in which Committee members are elected in the first instance.
20 (c). The standing Committees shall meet at such time and place as shall be designated by the Committee on Rules, after consultation with the respective Committee Chair, and the fixed time and place of Committee meetings shall be published. All committees shall be governed by the Rules of the Senate.
20 (d). All Committee meetings shall be held in public. All votes on bills shall be recorded.
However, executive sessions may be held pursuant to applicable provisions of law upon a recorded vote. Except as provided herein, a recorded vote of members upon each measure shall be taken and the name and number of those voting for, against or abstaining reported with the bill or resolution and ordered printed on the Calendar. A recorded vote shall not be necessary to report a resolution, if that resolution does not have a specific vote requirement pursuant to these Rules. A Senator who has a personal interest in the transaction, as defined in § 30-101 of the Code of Virginia, shall neither vote nor be counted upon it, and he shall withdraw, or invoke this Rule not to be counted, prior to the taking of any vote upon it, by stating the same before the Committee, and the fact shall be recorded by the Committee Clerk and reported along with the votes of the Committee members on the bill or resolution. If a Senator invokes this rule, the Senator shall not participate, directly or indirectly, in the matter wherein the rule is invoked. Pairs may be taken in Committee voting as provided in Rule 36.
20 (e). The majority of any Committee shall constitute a quorum. Any Senator attending and recorded as present at a Committee meeting who must depart prior to the rising of the Committee, may designate, in writing on committee proxy forms, one member of the Committee to vote his proxy for the duration of his absence, but for no longer than the meeting of the Committee at which the proxy is given. Proxies are not transferable. The Chair shall be informed in open session of the proxy authority prior to the departure of the Senator so leaving.
20 (f). Any bill or resolution introduced in an even-numbered year, and not reported to the Senate by a Committee may, upon the majority vote of the elected membership of the Committee to which it has been referred, be continued on the agenda of the Committee for hearings and Committee action during the interim between sessions or for future action by the Committee during the following odd-numbered year regular sessions. A bill or resolution may be continued only one year from an even-numbered year session and not otherwise. The Committee shall report, prior to the adjournment sine die of the Senate, such bills or resolutions as shall be continued and the Clerk of the Senate shall enter upon the Journal the fact that such bill or resolution has been continued.
20 (g). The Senate, upon consideration of any bill or resolution on the Calendar, may recommit, in accordance with these Rules, the bill or resolution to the Committee reporting the same, and direct the Committee to continue the bill or resolution until the following odd-numbered year regular session, and hold such hearings or render such further consideration of the bill or resolution as the Committee may deem proper.
20 (h). The Chair of the Committee, or the majority of the elected membership of a Committee, may call meetings of the Committee during the interim between sessions to study, call hearings, and consider any bill or resolution continued for further action at the odd-numbered year session, or to consider such other matters as may be germane to the duties of the Committee.
20 (i). The
provisions of this Rule relating to legislative continuity between sessions shall
be subject to the provisions of Article IV, Section 7,
of the Constitution of Virginia.
20 (g)(j).
Each Committee shall have a clerk appointed by the Clerk of the Senate, after
consultation with the Chair of the Committee on Rules and the
Chair of the respective Committee. The Clerk of the
Senate shall be the clerk to the Committee on Rules.
20 (h)(k).
The Chair of any Committee may appoint subcommittees to consider a particular
bill or resolution or to consider matters relative to a portion of the work of
the Committee. Such subcommittees shall not take
final votes and shall only make
recommendations to the Committee. The Chair of the full Committee shall
be an ex officio member of all subcommittees and entitled to vote, but shall
not be counted as a member for purposes of a quorum. All subcommittees
shall be governed by the Rules of the Senate.
20 (i)(l). Any Committee of the
Senate may, at its discretion, confer with any Committee of the House of
Delegates having under consideration the same subject and arrange joint
meetings, hearings or studies, as the Committees deem appropriate.
20 (j)(m). A Committee, after
considering a bill or resolution referred to it may:
A. Rerefer the same to another Committee, in the same form received, to consider applicable portions of such bill or resolution as are germane to another Committee under the Rules, or may
B. Report it to the Senate
(i) without amendment,
(ii) with recommendation that a Committee amendment(s) be adopted, or
(iii) with recommendation that it be rereferred to another Committee (either with or without amendment), in which latter event the Clerk of the Senate shall so rerefer unless the Senate shall otherwise direct.
A recorded vote of members shall be taken upon any motion listed in A and B above and the name and number of those voting for, against or abstaining reported with the bill or resolution and ordered printed on the Calendar. The report recorded by the Committee Clerk shall be the recorded vote on the motion and cannot be changed unless the vote is reconsidered and voted upon again. A recorded vote shall not be necessary to report or rerefer a resolution, if that resolution does not have a specific vote requirement pursuant to these Rules.
20 (k)(n). Any bill, except the
budget bill sent down by the Governor, whose principal objective is taxation or
which establishes a special fund or any type of nonreverting fund, whether or
not such bill may also require an appropriation, tax, special or general
revenue, shall first be referred to the Standing Committee which has
jurisdiction of the subject matter of the bill as defined in rules 18 (a)
through 18 (j) of the Rules of the Senate. If said bill is reported by
the Committee of original jurisdiction then said bill shall be rereferred by
the Committee to the Finance Committee.
20 (l)(o). A Committee may
refer the subject matter of a bill or resolution to any agency, board,
commission, council, or other governmental or nongovernmental entity for
comment, but the bill or resolution shall remain with the Committee. The Chair
of the Committee shall direct the Clerk of the Senate to prepare the
appropriate letter and the action of the Committee shall be made available to
the public.
20 (m)(p). Committees of the
Senate are authorized to seek and obtain, in the period of time between
sessions of the General Assembly, the services of citizens of the Commonwealth
whose function will be to participate with such Committees or Subcommittees
thereof in reviewing legislation or in performing any referred study or study
initiated by the Committee or its Chair.
Persons appointed to serve shall receive reimbursement for
their actual and reasonable expenses incurred in the performance of services
for the Committees. For this purpose and for such
other expenses as may be occasioned by the conduct of any Committee study,
payments shall have approval in advance by
the Chair of the Committee on Rules in consultation with the Clerk
and shall be made from the general appropriation to the
Senate.
20 (q). Persons who are asked by a Committee Chair to appear before a Committee or subcommittee or study to offer expert testimony may receive reimbursement for their actual and reasonable expenses if approved in advance by the Chair of the Committee on Rules, in consultation with the Clerk.
20 (n). Whenever a
bill is introduced that contains matters that would be appropriate for an
executive reorganization plan as provided for in Chapter 1, Article 2 of Title
2.2 of the Code of Virginia or which proposes that the Commonwealth provide new
services or abolish any existing service, it shall have the word
"Organization" stamped upon its covers.
21. At the appointed hour, the presiding officer of the Senate shall take the chair and call the Senate to order, and the order of business thereafter shall be as follows:
(a) A period of devotions.
(b) A roll call of members present.
(c) The reading of the Journal.
(d) A period to be called the "morning hour," for the following purposes:
i. to dispose of communications from the House of Delegates, the Executive, and the Judiciary.
ii. to receive reports
from the Committees, for which purpose they shall be called by the Clerk unless
the Senate shall direct otherwise.
iiiii. to recognize and
welcome visitors to the Senate.
iviii. to receive
resolutions and bills, but such resolutions and bills may be received at the
Clerk's desk at any time after the "morning hour," with leave of the
Senate.
(e) Consideration of unfinished business. (Unfinished business is legislation before the Senate as a result of or pending action by the House of Delegates.)
(f) Consideration of the Calendar of the Senate for that day, for which purpose the Calendar shall be called by the Clerk of the Senate.
(g) Upon completion of the Calendar and then Senators expressing Point(s) of Personal Privilege and such other business as may come before the Senate, a recess or adjournment shall then be taken.
22. To expedite the business of the Senate, it may order the convening of a "special morning session," at which session no vote shall be taken or other business transacted except the introduction of bills and resolutions. Upon the completion thereof, such session shall recess to such time as the Senate may have theretofore ordered. Such "special morning session" shall be convened by the presiding officer or President pro tempore unless otherwise designated. The "special morning session" shall be considered adjourned upon the convening of the daily session.
23 (a). Notwithstanding Rule 21 and Rule 22, any subject
may, by a recorded vote of a majority of the members electedpresent and voting, be made a
special and continuing order, to commence at a time to be fixed by the Senate,
and when the time so fixed for its consideration arises, the presiding officer
shall lay it before the Senate.
23 (b). When two or more special and continuing orders
have been made for the same time, they shall have precedence according to the
order in which they were severally assigned, and that order shall only be
changed by majority vote of
those present and voting. All motions
to change such order shall be decided without debate.
24. When a bill or resolution of the House of Delegates is passed or rejected by the Senate, the fact of the passage or rejection, with the bill or resolution, shall be communicated to the House of Delegates.
25 (a). All bills, resolutions or other business originating in the Senate and all bills, resolutions or other business sent from the House of Delegates shall be dispatched in the order in which they are introduced or received, unless the Senate shall otherwise direct.
25 (b). Bills or resolutions of either house shall be divided on the Calendar between the designation "Uncontested Calendar" and "Regular Calendar," and be considered in such order. When such a division is made for bills or resolutions, the Uncontested Calendar shall not include any bills or resolutions (i) which receive a dissenting vote or abstention in Committee, or (ii) to which objection is made by any Senator on first reading. Any bills or resolutions shall be removed from the Uncontested Calendar at any time at the request of any Senator. Resolutions which do not have a specific vote requirement pursuant to these Rules shall not be placed on the Uncontested Calendar but may be divided separately.
25 (c). It shall be the duty of the Clerk to see that the printing and engrossing, when ordered, shall be done in such time that the bills and resolutions may be acted upon according to their priorities upon the Calendar. If, however, any bill or resolution is not ready when it is reached upon the Calendar, it shall be passed by, and be allowed to retain its place upon the Calendar.
25 (d). When the Calendar has been called through, it may be called again in order to dispose of any business that may be ready, and if there is none, the business of the "morning hour" shall be resumed and disposed of; but the business of the "morning hour" shall in no case be allowed to interfere with that of the Calendar without the unanimous consent of the members present.
26 (a). No law shall be enacted except by bill.
Every bill, upon its introduction, shall be referred to the appropriate
Committee. No bill shall become a law until the procedures required by Article
IV, Section 11, of the Constitution of
Virginia have been observed.
26 (b). No bill expressly amending any existing law
shall be offered by any member unless or until the original and all copies
thereof have been prepared so as to indicate deletions and additions. Each bill
or resolution shall be signed by at least one Senator or by the Clerk of the
Senate upon authorization of a member who has become incapacitated or who is unavailable to sign the legislation.
Upon the approval of the Committee on Rules,
electronic filing of bills and resolutions may be permitted. Any
bill or resolution offered for introduction in the Senate may show two or more senators Senators as chief patrons and
as "House Patrons" the signatures of members of the House of
Delegates. The title of any bill having any provisions pertaining to
taxation or revenues shall so indicate. The form for deletions and
additions shall be to set forth the material deleted with lines through such
material, e.g., deleted material or words, and to underscore the
words added, before they are received in the Senate. However, the
stricken material and underscoring and italics in the printed bill, enrolled
bills, and printed Acts shall not be considered evidence of all amendments to
any bill or existing statute, but merely as an aid for quick reference to
amended portions. Nothing herein contained shall be construed as
requiring the use of stricken material or underscoring when new words are
substituted for existing words where the new words or the omission of words
does not change the sense or meaning of the act.
26 (c). The title of a bill or resolution and all amendments offered thereto shall be entered upon the Journal, except the amendments in the nature of a substitute shall be printed separately, and only the titles thereof entered upon the Journal.
26 (d). Any Senate bill or resolution which has been amended during the legislative process by the Senate shall be engrossed and reproduced by the Clerk of the Senate, as soon as practicable, in sufficient numbers for the members of the Senate and House of Delegates.
26 (e). The designation of "Senate Bill" or "Senate Resolution" or "Senate Joint Resolution" shall not be changed nor amended after a bill or resolution is introduced in the Senate. Nor shall the designation of "House Bill" or "House Joint Resolution" be changed or amended after the bill or resolution is received by the Senate.
26 (f). Any member of the Senate or House of Delegates who requests in writing to the Clerk that he be added as a co-patron of any bill or resolution, provided that the first vote on the passage of the bill or agreement to the resolution has not occurred, or, if the bill or resolution is not reported from Committee, then prior to the last action on such legislation, shall be listed in the Journal as a co-patron of such bill or resolution, and shall be so listed on such bill or resolution at its next printing, if any.
Any member of the Senate or House of Delegates may also request in writing to the Clerk that his name be removed as a co-patron of any bill or resolution provided that the first vote on the passage of the bill or agreement to the resolution has not occurred, or, if the bill or resolution is not reported from Committee, then prior to the last action on such legislation, and thereafter his name shall not be listed in the Journal as a co-patron of such bill or resolution, nor shall his name be listed on such bill or resolution at its next printing, if any.
26 (g). Any memorial or commending resolutions shall
conform to the form and procedure set forth by the Clerk of the Senate and
shall not be referred to the Committee on Rules, but shall be placed upon the
Calendar on the next Thursday of the session and shall be considered for approval
on said day; however, any one member may object to such consideration and the
same shall be continued to the next Thursday session or any member may move
that the same be referred to the Committee on Rules. No
exception to this Rule 26 (g) shall be made, unless the Senator proposing such
exception has first presented it at a meeting of the Committee on Rules and a
majority of the members elected to such Committee has voted in favor of the
exception.
No Senator may introduce more than a combined total of ten commending and memorial resolutions each session, except for the Chair of the Committee on Rules when introducing such resolutions according to custom or protocol.
27. Bills or resolutions originating in the House of Delegates and communicated to the Senate shall be read by title the first time when received and referred to the appropriate Committee unless otherwise directed by the Senate.
28 (a). No bill or resolution reported from a Committee of the Senate shall be recommitted or amended until it has been twice read by title, nor shall any Senate bill or resolution be amended after its third reading, except by the unanimous consent of the Senate. House bills or resolutions may be recommitted or amended at any time before their final passage, but a bill or resolution which has been recommitted to a Committee, when reported by Committee, shall be restored on the Calendar to the status it had before it was recommitted.
28 (b). In the case of a House bill or resolution, engrossment shall only apply to such amendments as may have been made in the Senate.
29 (a). Communications
from the Executive shall lie on the table at least one day after being received
by the Clerk of the Senate, unless otherwise ordered.
29 (b).
Whenever a Senate bill or resolution is reported to the Senate with one or more
House amendments, copies of all such amendments shall be furnished to each
Senator. The same shall apply to amendments proposed by a Senate
Committee or by a Senator, unless otherwise ordered by the Senate.
30. Every question shall be put in the affirmative and the presiding officer shall declare whether the yeas or the nays have it, which declaration shall stand as the judgment of the Senate. The yeas and nays on any question shall, at the desire of one-fifth of those present, be entered on the Journal. On the final vote of any bill, and on the vote in any election or impeachment conducted in the General Assembly or on the expulsion of a Senator, the name of each Senator voting, and how he voted shall be recorded in the Journal. After the roll has been taken, and before the vote is announced by the presiding officer, any Senator shall have the right to correct any mistake committed in enrolling his name and the presiding officer shall order the vote to be stricken.
31. Any Senator may call for a division of the question, which shall be divided if it comprehends propositions so distinct in substance that, one being taken away, a substantive proposition shall remain for the decision of the Senate.
32. Upon the determination of a question, any Senator
may enter his protest upon the Journal, with the consent of one-third of the
Senators present; and on the question "Shall the protest be entered on the
Journal?", no privileged motion as set out in Rule 46 47 (a) or Rule 46 47 (b)
shall be in order except to adjourn.
33. Whenever the Senate proceeds to consider any
nominations or appointments after the same have been reported by the
appropriate Committee, which are subject to the choice or ratification of the
Senate, and when it is so ordered by the Senate pursuant to Chapter 21 of Title 30 Chapter 37 of Title 2.2 of the
Code of Virginia, the same shall be considered in executive session.
34. Upon a motion for the pending question, agreed to by a majority of the Senators present, as indicated by a recorded vote, and there being no other motions afforded priority by these Rules, the presiding officer shall immediately put the pending question. All incidental questions of order arising after a motion for the pending question is made, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.
35. Upon a motion for the previous question, agreed to by a majority of the Senators present, as indicated by a recorded vote, and there being no other motions afforded priority by these Rules, the presiding officer shall immediately put the question, first upon the amendments in the order prescribed in the Rules, and then upon the main question. If the previous question be not ordered, debate may continue as if the motion had not been made.
36. Every Senator present in the Chamber, when any question is put or vote taken, shall vote or be counted as voting on one side or the other, except in the case of pairs, as hereinafter provided. A Senator who has a personal interest in the transaction, as defined in § 30-101 of the Code of Virginia, shall neither vote nor be counted upon it, and he shall withdraw, or invoke this rule not to be counted, prior to the division and the fact shall be recorded on the voting machine. If a Senator invokes this rule, the Senator shall not participate, directly or indirectly, in the matter wherein the rule is invoked. Pairs upon any question pending may be made and entered upon the Journal, and in such cases shall be announced immediately upon completion of the roll call, and before the announcement of its result. Pairs may be general or special. General pairs shall extend to and include all motions, amendments, or other proceedings in aid of or against the question pending, and which is the subject of the pairs. Special pairs shall depend in their scope upon the agreement between the Senators making the same, but in absence of a specific agreement, the presumption shall be conclusive that the pairs are general. The Senator announcing a pair shall be counted as present for the purposes of establishing a quorum. Pairs may be taken in Committee votes under this rule herein set forth.
37. The voting machine may be used for the call of the roll, for recording abstentions under Rule 36, or for the affirmative and the negative of the question.
38 (a). No Senator shall be allowed to vote or submit a vote statement unless he is in attendance at the daily session at the time the Senate is being divided, or before a determination of the question upon a call of the roll, and is physically present in the Chamber, or one of its anterooms. A Senator may submit a vote statement if he was not recorded as voting or if his recorded vote does not reflect his intention. The statement shall be limited to the fact that his vote was not recorded or that his vote did not reflect his intention and must be submitted to the Clerk of the Senate by the adjournment of the daily session.
38 (b). In cases w