RULES AND ORDERS OF THE SENATE.
Reading edition
1. The hours of meeting shall be 10 A. M. and 2 P. M., unless otherwise ordered.
2. The President having taken the chair, and a quorum being present, the journal of the preceding day shall be read, to the end that any mistake may be corrected, which shall be made in the entries. A quorum shall consist of a majority of the members of the Senate.
3. No member shall speak to another, or otherwise interrupt the business of the Senate, or read any newspaper, while the journal or public papers are being read, or when any member is speaking in debate. No smoking shall be allowed during the sitting of the Senate.
4. Every member, previous to speaking, shall rise from his chair, and respectfully address the President, and shall confine himself to the question under debate, and avoid personality.
5. No member shall speak more than twice on any one debate on the same day, without leave of the Senate.
6. When two members rise at the same time, the President shall name the person to speak; but in all cases the member who shall first rise and address the chair shall speak first.
7. When a member shall be called to order by the President or a Senator, he shall sit down; and every question of order shall be decided by the President, without debate, subject to an appeal to the Senate; and the President may call for the sense of the Senate on any question of order.
8. If the member be called to order by a Senator for words spoken, the exceptional words shall immediately be taken down in writing by the Secretary, that the President may be better enabled to judge of the matter.
9. No member shall absent himself from the service of the Senate without leave of the Senate, and in case a less number than a quorum of the Senate shall convene, they, or a majority of them, may send the Sergeant-at-Arms, or other suitable person or persons, for any or all absent members, at the expense of such absent members respectively, unless such excuse for non-attendance shall be made, as the Senate, when a quorum is convened, shall judge sufficient.
10. No motion shall be debated until the same shall be seconded.
11. When a motion shall be made and seconded, it shall be reduced to writing, if desired by the President or any member, delivered at the table of the Secretary, and read before the same shall be debated.
12. When a question is under debate no motion shall be received, except as otherwise provided in these rules, but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit, or amend, which several motions shall have precedence in the order they stand arranged. Any motion may be withdrawn by the mover at any time before a discussion, amendment, or ordering of the yeas and nays, except a motion to reconsider, which shall not be withdrawn without leave of the Senate. A motion to adjourn shall always be in order. That, and the motion to lay on the table, shall be decided without debate.
13. The previous question shall be in this form: “Shall the main question be now put?” It shall only be entertained when demanded by a majority of the members present, and its effects shall be to put an end to all debate, and bring the Senate to a direct vote upon amendments reported by a committee, if any, upon pending amendments, and then upon the main question. On a motion for the previous question, and prior to the seconding of the same, a call of the Senate shall be in order, but after a majority shall have seconded such motion, no call shall be in order prior to a decision of the main question.
14. When the previous question is decided in the negative, it shall leave the main question under debate for the residue of the sitting, unless disposed of by taking the question, or in some other manner.
15. Any five members may make a call of the Senate and require absent members to be sent for, but a call of the Senate cannot be made after the voting has commenced, and the call of the Senate being in order, and the absentees noted, the doors shall be closed and no member permitted to leave the room until the report of the Sergeant-at-Arms be received and acted upon, or further proceedings in the call be suspended by a vote of two-thirds of the Senate.
16. The President shall rise to put a question, but may state it sitting.
17. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.
18. If a question in debate contains several points, any member may have the same divided, but on motion to strike out and insert, it shall not be in order to move for a division of the question, but the rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor prevent a subsequent motion simply to strike out, nor shall the rejection of a motion simply to strike out, prevent a subsequent motion to strike out and insert.
19. All so called substitute motions and resolutions shall be considered as amendments only, and shall be subject to the rules relating thereto, except such matters as may be reported by committees.
20. In filling up blanks the largest sum and longest time shall be first put.
21. When the reading of a paper is called for, and the same is objected to by any member, it shall be determined by a vote of the Senate, and without debate.
22. When the ayes and nays shall be called for by two of the members present, each member called upon shall declare openly, and without debate, his assent or dissent to the question, unless by special reason he be excused by the Senate.
23. When the ayes and nays shall be taken on any question in pursuance of the above rule, no member shall be permitted, under any circumstances whatever, to vote after the decision is announced from the chair.
24. On a motion made and seconded to shut the doors of the Senate, on the discussion of any business which may in the opinion of the Senate require secrecy, the presiding officer shall direct the lobby to be cleared, and during the discussion of such motion the doors shall remain shut.
25. No motion shall be deemed in order to admit any person or persons whatsoever, other than a Senator, within the Senate chamber, to present any petition, memorial or address.
26. When a question has been carried or negatived, it shall be in order for any member of the majority to move for the reconsideration thereof. But no motion for the reconsideration of any vote shall be in order after a bill, resolution, message, report, amendment, or motion, upon which the vote was taken, shall have gone out of the possession of the Senate, announcing their decision; nor shall any motion to reconsider be in order unless made on the same day on which the vote was taken, or within the next two days of actual session of the Senate thereafter.
27. The President of the Senate, or President pro tempore, shall have the right to name a member to perform the duties of the Chair; but such substitution shall be for that day only.
28. Every petition or memorial, or other paper, shall be referred, of course, without putting a question for that purpose, unless the reference be objected to at the time the same is presented; and before any petition or other paper shall be received or read, a brief statement of the contents of the same shall be verbally made by the introducer.
29. The following shall be the order of business for the day:
1. Calling the roll.
2. Prayer by the Chaplain.
3. Reading the journal.
4. Petitions and memorials.
5. Reports from standing committees.
6. Reports of special or select committees.
7. Resolutions.
8. Amendments proposed by the House to Senate bills.
9. Introduction of bills.
10. Bills on first reading.
11. Bills on second reading.
12. Bills on third reading, and final passage.
13. Special order of the day.
14. Unfinished business.
30. All bills introduced in the Senate shall, after the second reading be printed for the use of the members, but no other paper or document shall be printed without special order.
31. Every bill shall receive three readings at length previous to its being passed, and the President shall give notice at each, whether it be the first, second or third, which readings shall be on three different days. All resolutions to which the signature of the Governor may be requisite, shall be treated, in all respects, in the introduction and form of proceedings on them in the Senate, in a similar manner with bills, and all other resolutions shall lie on the table one day before being taken up for consideration, and also all reports of committees.
32. No bill shall be committed or amended until it shall have been twice read, after which it shall be referred to a committee.
33. All bills after second reading shall be printed and considered by the Senate in the committee of the whole before they shall be taken up and proceeded on by the Senate, agreeably to the standing rules, unless otherwise ordered. When the Senate shall consider a bill or resolution as a committee of the whole, the President or President pro tempore shall call a member to fill the chair during the time the Senate shall remain in committee of the whole.
34. The final question, upon the second reading of every bill, resolution or motion, originating in the Senate and requiring three readings previous to being passed, shall be, “whether it shall be engrossed and read a third time?” And no amendments shall be received for discussion at a third reading, of any bill, resolution or motion, unless by unanimous consent of the members present, but it shall at all times be in order, upon the final passage of any bill, resolution or motion, to move its commitment, and shall such commitment take place, and any amendment be reported by the committee, said bill, resolution or motion, shall again be read the second time and considered in committee of the whole, and then the aforesaid question shall be again put.
35. The title of bills shall be inserted on the journals.
36. When motions are made for reference of the same subject to a select committee and to a standing committee, the question on reference to the standing committee shall first be put.
37. When motions are made for reference of the same subject to a select committee and to a standing committee, the question on reference to the standing committee shall first be put.
37. When nominations shall be made in writing by the Governor to the Senate, a future day shall be assigned, unless the Senate otherwise direct, for taking them into consideration.
38. All confidential communications made by the Governor shall be kept secret. When acting on confidential or executive business, the Senate room shall be closed to all persons except the Secretaries and Sergeant-at-Arms. All information or remarks touching the character or qualifications of any person nominated by the Governor to office, shall be kept secret. The legislative proceedings, the executive proceedings, and the confidential legislative proceedings of the Senate, shall be kept in separate and distinct books.
39. The proceedings of the Senate, when not acting in committee of the whole, shall be entered on the journal as concisely as possible, care being taken to detail a true and accurate account of the proceedings and every vote of the Senate shall be entered on the journal, and a brief statement of the contents of each petition, memorial or paper presented to the Senate, shall be inserted on the journal.
40. Messages shall be sent to the House by the Secretary or Assistant Secretary; the Secretary having previously endorsed the final determination of the Senate thereon.
41. The Sergeant-at-Arms shall not permit any person not a member or officer of the Senate to pass inside the railing, in the rear of the seats of the members, at any time during the session of the Senate, except the Judges of the Supreme and District Courts, the Governor and other State officers, and duly accredited representatives of the press, and the members of the Legislature of the State of Colorado, and such other persons as may be invited by the members.
42. Messengers may be introduced in any stage of business, except when a question is being put, whilst the ayes and nays are being called, or while the ballots are being counted.
43. The rules of the Senate shall be observed in the committee of the whole so far as they may be applicable, except that a member may speak oftener than twice on the same subject, and the ayes and nays shall not be taken nor the previous question enforced.
44. A motion that the committee rise shall always be in order, and shall be decided without debate.
45. All committees shall be appointed by the presiding officer, unless otherwise directed by the Senate.
46. Any official or member of the Senate convicted of disclosing any matter directed by the Senate to be held in confidence, shall be liable, if an officer, to dismissal from the service of the Senate, and in case of a member, to suffer expulsion from the body.
47. The committee on engrossment shall examine all bills and resolutions after they are engrossed and before action is taken thereon, and report the same to the Senate when correctly engrossed.
48. The committee on enrollment shall examine all bills referred to them, and report the same to the Senate correctly enrolled. Said committee may report at any time.
49. There shall be a standing committee to consist of five members (of which the President pro tempore shall be ex-officio a member), on rules.
50. No rule of the Senate shall be altered, suspended or rescinded, without the vote of two-thirds of the members elected.
51. The rules of parliamentary practice comprised in Cushing’s Parliamentary Law Practice of Legislative Assemblies, shall govern the Senate in all cases in which they are applicable, and in which they are not inconsistent with the standing rules and orders of the Senate, and the joint rules of the Senate and House of Representatives.
The following standing committees shall be elected by the Senate:
1. Judiciary.
2. Finance, Ways and Means.
3. Mines and Mining.
4. Education, School and University Lands.
5. Incorporations and Railroads.
6. Public Lands.
7. Agriculture and Manufactures.
8. Stock.
9. Fees and Salaries.
10. Irrigation.
11. Immigration.
12. Elections.
13. State Institutions and Public Buildings.
14. Counties and County Lines.
15. Roads and Bridges.
16. Military Affairs.
17. Indian Affairs.
18. Penitentiary.
19. Federal Relations.
20. Printing.
21. Engrossment.
22. Enrollment.
23. Rules.
RULES AND ORDERS OF THE HOUSE.
MEETINGS, QUORUM, ETC.
1. The hour for the daily meeting of the House shall be 10 o’clock in the morning, unless some other be designated by the House at the time of its adjournment.
2. A majority of the House shall constitute a quorum, but a smaller number may adjourn from day to day and compel the attendance of absent members, and may inflict such censure or pecuniary penalty as they may deem just, on those who being called for that purpose shall render no sufficient excuse for their absence.
3. No member shall be excused from attendance for more than one day without the consent of two-thirds of all the members present.
4. Upon the appearance of a quorum, the journal of the preceding day shall be read by the Clerk, and any mistake therein may be corrected by the House.
SPEAKER.
5. The Speaker shall take the chair at the time to which the House stands adjourned, and the House shall then be called to order, and the roll of the members called.
6. The Speaker shall vote on all questions taken by yeas and nays, and on all elections, or divisions called for by any member.
7. The Speaker shall preserve order and decorum; and shall decide questions of order, subject to an appeal to the House.
8. The Speaker may leave the chair, and appoint a member to preside, but not for a longer time than one day, except by leave of the House.
9. The Speaker shall cause the Clerk to make a list of all bills, resolutions, reports of committees, and other proceedings of the House, which are committed to a committee of the whole House, and which are not made the order of the day for any particular day, and to number the same, which list shall be called, “The General Orders of the Day;” and they shall be taken up in the order in which they are numbered, unless otherwise ordered by a majority of the House; and the Clerk shall also keep a book, showing the situation and progress of all bills.
ORDER OF THE DAY.
10. On the meeting of the House the order of the day shall be as follows:
1. Prayer by the Chaplain, if present.
2. Call of the roll.
3. Reading of the journal of the previous day.
4. Presentation of petitions.
5. Reports of standing committees.
6. Reports of select committees.
7. Message from the Governor.
8. Amendments proposed by the Senate to bills from the House of Representatives.
9. Motions, resolutions and notices.
10. Introduction and first reading of bills.
11. Second reading of bills and resolutions from the Senate.
12. Second reading of House bills and resolutions.
13. Consideration of bills reported upon by committees.
14. Third reading of Senate bills and resolutions.
15. Third reading of the House bills and resolutions.
16. Unfinished business of the preceding day.
17. Special orders of the day.
18. General orders of the day.
Any other business not prohibited by the rules of the House.
DECORUM AND ORDER OF DEBATE.
11. Every member, previous to speaking, shall rise from his chair, and respectfully address himself to the Speaker, and shall confine himself to the question under debate, and avoid personality.
12. When two or more members address the Chair at the same time, the Speaker shall recognize the one who first rose.
13. A member called to order shall immediately sit down, unless permitted to explain, and the Chair shall decide the question of order, without debate, subject to an appeal to the House.
14. When the Speaker is putting the question, no member shall walk out of or across the House, nor when a member is speaking, shall any person entertain any private discourse, or pass between him and the Chair; and no smoking shall be allowed in the House.
15. No member shall speak more than twice, nor more than thirty minutes at one time on the same question, without leave of the House, nor more than once until every member who chooses to speak shall have spoken, except chairmen of committees, upon matters reported by them.
16. No motion shall be debated, or put, unless the same be seconded; it shall be stated by the Speaker before the debate, and any such motion shall be reduced to writing, if the Speaker or any member desire it.
17. After a motion shall be stated by the Speaker, it shall be deemed to be in possession of the House; all motions, resolutions, or amendments, shall be entered on the journal, whether rejected or adopted.
18. If the question in debate contain several points, any member may have the same divided.
19. Every member who shall be present before the vote is declared from the Chair, and no other, shall vote for or against the same, unless the House shall excuse him; provided, that if any member have a personal or private interest in any measure or bill proposed or pending, he shall declare the fact to the House, and shall not vote thereon.
20. Any two members may make a call of the House, and require absent members to be sent for, but a call of the House cannot be made after the voting has commenced; and the call of the House being ordered, and the absentees noted, the doors shall be closed, and no member permitted to leave the room until the report of the sergeant-at-arms be received and acted upon, or further proceedings in the call be suspended by a vote of two-thirds of the House.
21. When a question is under debate, no motion shall be received but to adjourn, to lay on the table, for the previous question, to postpone indefinitely, to postpone to a certain day, to commit or to amend, which several motions shall have precedence in the order in which they stand arranged.
22. A motion to adjourn shall always be in order, except when a member is addressing the Chair, or a vote is being taken; provided, the motion being once moved and decided in the negative shall be considered settled until some other motion or business shall come before the House. The motion to adjourn and to lay on the table, shall be decided without debate.
23. When the House adjourns the members shall keep their seats until the Speaker announces the adjournment.
24. The orders for a particular day shall hold for every succeeding day until disposed of.
25. All questions, whether in committee or in the House, shall be put in the order they are moved, except in case of privileged questions; and in filling up blanks the largest sum and the longest time shall be first put.
26. The ayes and noes shall be ordered when demanded by any member, and all votes taken by ayes and noes shall be entered on the journal.
27. Petitions, memorials, and other papers addressed to the House shall be presented by the Speaker or by a member in his place.
BILLS AND RESOLUTIONS.
28. Every bill shall be introduced by motion for leave or on a report of a committee.
29. Every bill and resolution shall have prefixed thereto the name of the person introducing it; and when ordered by a committee the name of said committee shall be endorsed thereon.
30. Every bill shall be read at length, on three different days, in the House; all substantial amendments made thereto shall be printed for the use of the members, before the final vote is taken on the bill; and no bill shall pass except by vote of a majority of all members elected to the House, nor unless on its final passage the vote be taken by ayes and nays, and the names of those voting be entered on the journal.—Const.
31. No bill shall be committed or amended unless it has been read twice. No joint resolution shall be declared passed unless voted for by a majority of all members elected to the House.
32. No bill shall be considered or become a law unless referred to a committee, returned therefrom, and printed for the use of the members.—Const.
33. No bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title.—Const.
34. All bills shall be printed immediately after the first reading thereof, unless otherwise ordered by the House.
35. All bills after having been read a second time shall be placed on the file for consideration of the committee of the whole, unless specially ordered by the House.
36. The same bill shall not appropriate the public money or property to more than one local or private purpose; and bills appropriating moneys for the payment of officers of the Government shall be confined to that purpose exclusively.
37. In all cases where a bill, order, resolution, or motion shall be entered on the journal of the House, the name of the member moving the same shall be entered on the journal.
38. A similar mode of proceeding shall be observed with bills which have originated in the Senate, as with bills originating in the House.
39. All memorials, and joint resolutions, upon their introduction shall be read by title, and laid upon the table until printed, unless by a suspension of this rule the House decide otherwise.
40. Every order or resolution to which the concurrence of the Senate shall be necessary, unless otherwise ordered by a majority of the House, shall be read to the House and laid upon the table on a day preceding action thereon.
COMMITTEE OF THE WHOLE.
41. When the House has arrived at the general orders of the day, it shall go into committee of the whole upon such orders, or a particular order designated by a vote of the House; and no business shall be in order until the whole are considered and passed, or the committee rise; and unless a particular bill is ordered up, the committee of the whole shall consider, act upon, or pass, the general orders according to the order of their reference.
42. In forming a committee of the whole House the Speaker shall appoint a chairman to preside.
43. Bills committed to a committee of the whole House shall be read and considered by clauses, leaving the preamble to be last considered. All amendments shall be entered on a separate piece of paper, and so reported to the House by the chairman, standing in his place.
44. The rules of the House shall be observed in committee of the whole House, as far as may be applicable, except that the ayes and nays shall not be called, nor the previous question enforced.
45. A motion that the committee rise shall always be in order, and shall always be decided without debate.
RECONSIDERATION.
46. No motion for reconsideration shall be in order, unless on the same day or the day following that on which the decision proposed to be considered took place, nor unless one of the majority shall move such reconsideration. A motion for reconsideration being put and lost (except in case of privileged motions), shall not be renewed on the same day, nor shall any subject be a second time reconsidered on the same day without unanimous consent.
47. When notice of the intention to move the reconsideration of any bill or joint resolution shall be given by a member, the Clerk shall retain the said bill or joint resolution, until after the time during which the said motion can be made, unless the same shall have previously been disposed of.
48. A member who votes on that side of a question which prevailed, and which required two-thirds of the members present to carry the affirmative, may be at liberty to move for a reconsideration, and a motion for reconsideration shall be decided by a majority of votes.
PREVIOUS QUESTION.
49. The previous question shall be in this form: Shall the main question be now put? It shall only be entertained when demanded by a majority of the members present, and its effect shall be to put an end to all debate, and bring the House to a direct vote upon amendments reported by a committee, if any, upon pending amendments, and then upon the main question. On a motion for the previous question, and prior to the seconding of the same, a call of the House shall be in order; but after a majority shall have seconded such motion, no call shall be in order prior to a decision of the main question.
50. When the previous question is decided in the negative, it shall leave the main question under debate.
51. All incidental questions of order arising after a motion is made for the previous question, during the pending of such motion or after the House shall have determined that the main question shall be now put, shall be decided, whether on appeal or otherwise, without debate.
ADMISSIONS TO THE FLOOR.
52. No person shall be admitted within the bar of the House but the Executive, ex-Governors, members of the Senate, the heads of Departments of the State Government, Judges of the Supreme Court, ex-members of the Legislature, representatives of the press, ladies, and such other persons as the House may from time to time direct, provided, however, that any member may invite a single visitor to a seat on the floor of the House.
COMMITTEES.
53. The following standing committees, to consist of five members each, shall be appointed at the commencement of the session, unless otherwise ordered:
1. Finance, Ways and Means. 2. Judiciary. 3. Education. 4. Mines and Mining. 5. Agriculture. 6. Irrigation. 7. Stock. 8. Elections and Apportionment. 9. Manufactures. 10. Immigration. 11. Corporations. 12. Public Lands. 13. Fees and Salaries. 14. State Institutions. 15. Counties and County Lines. 16. Indian Affairs. 17. Military Affairs. 18. Roads and Bridges. 19. Public Buildings. 20. Federal Relations. 21. Claims. 22. Printing. 23. Appropriations and Expenditures.
And the following standing committees to consist of three members each:
A Committee of Engrossment. A Committee of Enrollment.
54. The committee on engrossment shall examine all bills after they are engrossed and before their third reading, and report the same to the House as correctly engrossed. The committee on enrollment shall examine all bills, and report them to the House as correctly enrolled. Said committee may report at any time.
55. Select committees to whom reference shall be made shall in all cases report a state of facts, and their opinion thereon to the House.
RULES.
56. The rules of parliamentary practice embraced in Cushing’s Manual shall govern the House in all cases to which they are applicable, and in which they are not inconsistent with the standing rules and orders of the House, and joint rules of the Senate and House of Representatives.
57. No rule of the House shall be suspended, altered, or amended, without the concurrence of two-thirds of the members elected to the House.