[68]

CHAPTER 9: FLOOR SESSIONS OF THE SENATE AND

HOUSE OF REPRESENTATIVES

Introduction

This chapter provides a general overviewof what takes place during the daily floorsessions of the Senate and the House ofRepresentatives.

Much of the information presented in thischapter is based on the rules that wereadopted for the 61st Legislature. Therules for the 62nd Legislature may bedifferent from these rules.

Furthermore, the information presented isgeneral and not comprehensive.Exceptions are not generally noted.Legislators are advised to consult theadopted rules.

Thorough knowledge of the rules oflegislative procedures is essential togaining a complete understanding of theworkings of each house during daily floorsessions. The authorities governinglegislative procedures are described inChapter 6.

Senate Floor Sessions

Senate Chamber and Gallery

The Senate has beenmeeting in the currentSenate Chamber since1912. Originalfeatures, including thechandelier andpaintings documentingMontana's history,evoke traditionsdeveloped overdecades. The5

chamber provides anappropriate setting forthe daily floorsessions, which aregenerally more formalthan other legislativeactivities. The floorsessions are televised,as described inChapter 10.

[69]

Access to the Senate Chamber is limited.During the period of time that begins 1 hour before the Senate is in session andending 1/2 hour after the Senateadjourns, no one is permitted in thechamber except:

T present and former legislators;T legislative officers and employees

whose presence is necessary forthe conduct of business of thesession;

T registered members of the newsmedia; and

T former legislators who are notcurrently registered as lobbyists.

The President of the Senate may makeexceptions for visiting dignitaries.

Anyone who wishes to observe theproceedings of the Senate directly maysit in the Senate Gallery.

Materials may not be distributed on thedesks of senators in the Senate Chamberwithout approval by the President of theSenate.

Convening the Senate

Senators must be present for eachsession of the Senate unless they areexcused. A majority of the members ofthe Senate (26 members) is a quorum forthe Senate to conduct business.

Each daily session of the Senate beginswith a prayer, pledge of allegiance to theflag, roll call, and report on the journal.The Senate then follows the order ofbusiness established in the Senate

Rules. Each order of business isdescribed below under "Order ofBusiness".

Although this is not often done, senatorsmay compel the attendance of absentmembers by ordering a call of theSenate. A call of the Senate may beordered whether or not a quorum ispresent. A senator who refuses to attendon a call of the Senate may be arrestedand held liable for expenses incurred insecuring the senator's attendance.

Floor Action

The President of the Senate presidesover the Senate and has the authority tomaintain order.

A senator who wishes to speak mayindicate this by standing or raising themicrophone. The senator must rise andaddress the presiding officer. Membersdo not address each other directly, butalways direct their communicationsthrough the presiding officer. In general,senators are limited to speaking no morethan twice on a motion. A senator whohas spoken may not speak again on thesame motion to the exclusion of amember who has not spoken.

Order of Business

To revert to or pass to a new order ofbusiness requires a majority vote on amotion to do so. The motion must beallowed at the time that it is made. Thefollowing orders of business are providedfor in the Senate Rules:

[70]

No. 1. Communications and petitions. Various types of communications may beread.

No. 2. Reports of standing committees. The presiding officer of the committeethat is reporting traditionally moves adoption of the committee report. Thereis no debate unless a minority committee report has been submitted.

No. 3. Reports of select committees. Conference committee reports are read butare not voted on during this order of business.

No. 4. Messages from the Governor. Matters addressed in messages from theGovernor include nominations by the Governor and the Governor's action onspecific bills. This order of business is devoted to receiving the message.The Senate does not take action on the matter that is addressed in themessage until the appropriate order of business.

No. 5. Messages from the House of Representatives. Common examples ofmatters addressed in these messages include transmittal of bills orresolutions from the House of Representatives, actions on Senate bills,actions on Governor's amendments, appointment of conference committees,actions on conference committee reports, and concurrence in or rejection ofSenate amendments to House bills or resolutions. This order of business isdevoted to receiving the message. The Senate does not take action on thematter that is addressed in the message until the appropriate order ofbusiness.

No. 6. Motions. Numerous motions are in order under this agenda item. Examplesinclude motions to:

T redirect legislation (e.g., rerefer to another committee, move fromsecond reading to a committee, etc.);

T change the vote of an individual legislator;T add the names of cosponsors to a bill;T reconsider action by the Senate on a specific matter; T appoint conference committees; andT override a veto.

No. 7. First reading and commitment of bills. Each introduced bill or resolutionand the committee to which it has been referred are announced.

No. 8. Second reading of bills (Committee of the Whole). The Senate resolvesitself into a Committee of the Whole. The President of the Senate appoints asenator to preside over the Committee of the Whole. It is under this order ofbusiness that debate occurs on bills and resolutions and that amendmentsmay be offered to proposed legislation. Conference committee reports,

[71]

amendments made by the House of Representatives to Senate bills orresolutions, and the Governor's recommended amendments may also beconsidered.

After the sponsor makes an opening statement on the bill, amendments areoffered. After all amendments are considered, the Committee of the Wholeconsiders the bill in its entirety.

A senator may ask a question of another senator by directing a questionthrough the presiding officer. For example:

[Mr. or Madam] Chair, would Senator Jones yield to a question?

The following guidance regarding the conduct of members during debate isderived from Mason's Manual of Legislative Procedure:

T Confine remarks to the question before the house and avoidpersonalities.

T Do not use indecent language with regard to the body (the Legislatureor the Senate) or its members.

T The nature or consequences of a measure may be condemned instrong terms, but the motives of a member may not be arraigned.6

The Senate Rules limit the motions that are permitted in the Committee ofthe Whole. However, in practice, additional motions have been allowed.

Following a motion to "rise and report" or "rise and report progress and askleave to sit again", the presiding officer moves adoption of the committeereport for the Committee of the Whole. Prior to adoption of the Committee ofthe Whole report, a member may move that a bill or resolution besegregated from the report and left on second reading for furtherconsideration.

No. 9. Third reading of bills. The Senate votes on bills, resolutions, Houseamendments to Senate bills and resolutions, conference committee reports,and Governor's amendments. Debate is not permitted, and amendmentsmay not be offered. Each member's vote is recorded in the journal.

An excused senator may vote by "pairing" with another senator. Theexcused senator may enter into a written agreement with a senator who is onthe opposing side of the motion. In this agreement, the opposing senatoragrees not to vote on the motion during the excused senator's absence, sothe two votes offset each other. The agreement must be dated, signed, andfiled with the Secretary of the Senate.

No. 10. Unfinished business. This order of business is rarely used in the Senate.

[72]

No. 11. Special orders of the day. Confirmations of Governor's nominations forappointments, speeches from visitors, memorial services, and other specialevents take place during this order of business.

No. 12. Announcement of committee meetings. Committee presiding officersannounce meetings.

Adjournment

When all business has been conducted, a motion to adjourn is made. The Senate mayadjourn until the date and time of the next meeting or until the next session of theLegislature (sine die).

House of Representatives Floor Sessions

House Chamber and Gallery

The House of Representatives has been meeting in the current House Chamber since1912. Original features, including Vermont marble columns, glass skylights, and oakfurnishings, contribute to an atmosphere based on decades of tradition. The daily House7

floor sessions are generally more formal than other legislative activities. The floor sessionsare televised, as described in Chapter 10.

[73]

Access to the House Chamber is limited.The following persons may be admitted tothe floor of the House of Representativesduring a daily session:

T present and former legislators;T legislative employees necessary for

the conduct of the session;T registered news staff; andT the spouses and children of

members.

The Speaker of the House may allowexceptions to this rule.

Anyone who wishes to observe theproceedings of the House ofRepresentatives directly may sit in theHouse Gallery.

Only a member may sit in a member'schair when the House of Representativesis in session.

Lobbying on the floor of the House ofRepresentatives and in the anteroom isprohibited during the period of time thatbegins 2 hours before a daily session andends 2 hours after a daily session.

A paper concerning proposed legislationmay be placed on the desks ofrepresentatives only if it is authorized bya representative and permitted by theSpeaker of the House. Furthermore,signs, placards, and similar objects arenot permitted on the floor of the House ofRepresentatives, in the lobby, or in theHouse Gallery.

Convening the House ofRepresentatives

Representatives must be present foreach session of the House of

Representatives unless they areexcused. A quorum of the House ofRepresentatives is 51 members.

Each daily session of the House ofRepresentatives begins with aninvocation, pledge of allegiance to theflag, and roll call. The House ofRepresentatives then follows the order ofbusiness established in the House Rules.Each order of business is describedbelow under "Order of Business".

Although this is not often done,representatives may compel theattendance of absent members byordering a call of the House. A call of theHouse may be ordered whether or not aquorum is present.

Floor Action

The Speaker of the House presides overthe House of Representatives and hasthe authority to maintain order.

A representative who wishes to speakmay indicate this by standing or raisingthe microphone. The representative mustrise and address the presiding officer.Members do not address each otherdirectly, but always direct theircommunications through the presidingofficer. The presiding officer has theauthority to decide if the member will berecognized.

Representatives are limited with respectto the number of times that they mayspeak on a motion as well as to thelength of time that they are permitted tospeak. In general, a representative mayspeak only once on a motion for up to 5minutes. The representative who made

[74]

the motion is allowed 5 additional minutesto close the debate.

Absentee voting is allowed, except whena vote of "representatives present

and voting" is called for or during a call ofthe House. An absentee votingauthorization form must be signed, asprovided in House Rules.

Order of Business

No. 1. Communications and petitions. Various types of communications may beread.

No. 2. Reports of standing committees. A House standing committee report thatrecommends "do pass" or "be concurred in", with or without amendments, isannounced across the rostrum and, if there is no objection to form, isconsidered adopted. The House Rules address the procedures for anadverse committee report; however, adverse committee reports areuncommon. (See Chapter 8 for more information about committee reports.)

No. 3. Reports of select committees. Conference committee reports areannounced but are not voted on under this order of business.

No. 4. Messages from the Senate. Common examples of matters addressed inthese messages include transmittal of bills or resolutions from the Senate,actions on House bills, actions on Governor's amendments, appointment ofconference committees, actions on conference committee reports, andconcurrence in or rejection of House amendments to Senate bills orresolutions. This order of business is devoted to receiving the message. TheHouse of Representatives does not take action on the matter that isaddressed in the message until the appropriate order of business.

No. 5. Messages from the Governor. Matters addressed in messages from theGovernor include the Governor's action or recommendation on specific bills.This order of business is devoted to receiving the message. The House ofRepresentatives does not take action on the matter that is addressed in themessage until the appropriate order of business.

No. 6. First reading and commitment of bills. Each introduced bill or resolutionand the committee to which it has been referred are announced.

No. 7. Second reading of bills (Committee of the Whole). The House ofRepresentatives resolves itself into a Committee of the Whole. The Speakerof the House appoints a representative to preside over the Committee of theWhole. It is under this order of business that debate occurs on bills andresolutions and that amendments may be offered to proposed legislation.

[75]

Conference committee reports, amendments made by the Senate to Housebills or resolutions, and the Governor's recommended amendments may alsobe considered.

After the sponsor makes an opening statement on the bill, amendments areoffered. After all amendments are considered, the Committee of the Wholeconsiders the bill in its entirety.

A representative may speak once for up to 5 minutes. The sponsor mayspeak a second time for 5 minutes in order to close.

If the House Majority Floor Leader and the House Minority Floor Leaderagree in advance:

T a lead proponent and a lead opponent may be granted additional timeto speak on a bill; and

T a bill or resolution may be allocated a predetermined amount of timefor debate and number of speakers.

There are special provisions in the House Rules that govern debate on thegeneral appropriations bill.

The House Rules limit the motions that are permitted in the Committee of theWhole. However, in practice, additional motions have been allowed.

A representative may ask a question of another representative by directing aquestion through the presiding officer. The form of this motion is provided inthe House Rules (H60-110). There is no limit on the number of questionsthat a representative may ask unless the presiding officer determines thatthe purpose of the questioning is to delay or obstruct business.

The following guidance regarding the conduct of members during debate isderived from Mason's Manual of Legislative Procedure:

T Confine remarks to the question before the house and avoidpersonalities.

T Do not use indecent language with regard to the body (the Legislatureor the House of Representatives) or its members.

T The nature or consequences of a measure may be condemned instrong terms, but the motives of a member may not be arraigned.8

Following a motion to "rise and report" or "rise and report progress and begleave to sit again", the presiding officer moves adoption of the committeereport for the Committee of the Whole. Prior to adoption of the Committee of

[76]

the Whole report, a member may move that a bill or resolution besegregated from the report and left on second reading for furtherconsideration.

No. 8. Third reading of bills. The House of Representatives votes on bills,resolutions, Senate amendments to House bills and resolutions, conferencecommittee reports, and Governor's amendments. Debate is not permitted,and amendments may not be offered.

No. 9. Motions. Numerous motions are in order under this agenda item. Examplesinclude motions to:

T redirect legislation (e.g., rerefer to another committee, move fromsecond reading to a committee, etc.);

T change the vote of an individual legislator;T reconsider action by the House of Representatives on a specific

matter; T appoint a conference committee; andT override a veto.

No. 10. Unfinished business. This order of business is rarely used in the House ofRepresentatives.

No. 11. Special orders of the day. The filing of additional cosponsors of a bill orresolution is noted by the Chief Clerk for the record at this time. The consentcalendar is also announced under this order of business. Speeches fromvisitors, ceremonies, and other special events take place during this order ofbusiness.

No. 12. Announcement of committee meetings. Committee presiding officersannounce meetings.

Adjournment

A representative may make anondebatable motion that the House ofRepresentatives adjourn under any orderof business except second reading of bills(No. 7). A motion to adjourn for alegislative day must specify a time for theHouse to convene on the subsequentlegislative day.

The House of Representatives mayadjourn until the date and time of the nextmeeting or until the next session of theLegislature (sine die).

[77]

Journals

The Montana Constitution requires eachhouse to keep a journal. The journal isthe only official record of action taken bythe Senate or the House ofRepresentatives. The daily journalsinclude:

T introduction of bills and resolutions;T consideration of bills and

resolutions;T the text of each amendment, the

name of the legislator proposing theamendment, and its disposition;

T the vote of each legislator on finalpassage of a bill or resolution;

T committee reports;T each motion, the name of the

legislator making the motion, and itsdisposition;

T roll call votes;T messages from the Governor;T messages from the other house;

andT other votes and activities as

provided by law.

The journal does not include a transcriptof debate. There is no written record ofthe discussion that occurs whenlegislation is debated on second readingin the Committee of the Whole.

A legislator may suggest corrections tothe journal for the member's house.Without objection by the appropriatehouse, the presiding officer (President ofthe Senate or Speaker of the House) maydirect that the correction be made.