Part 4. COMMITTEES

Rule 4.1. General.

The committees of the Legislature are Standing Committees, Select Committees, and the Committee of the Whole. Committees are their subcommittees have the authority and attributes of the Legislature provided by Article IV, Section 12 of the Constitution. A committee is subject to Legislature orders.

 

Rule 4.2.1. Standing Committees.

The Legislature has the following Standing Committees:

a. The Standing Committee on Ways and Means

b. The Standing Committee on Resources and Development

c. The Standing Committee on Health and Social Affairs

d. The Standing Committee on Judiciary and Governmental Operations

e. The Standing Committee on Education and Cultural Affairs

f. The Standing Committee on Environment, Transportation, Communication and Infrastructure

g. The Standing Committee on Land and Municipal Affairs

 

Rule 4.2.2. Standing Committee Membership.

Each Standing Committee shall be comprised of at least 6 members. No Senator should serve more than four (4) Standing Committees. In addition, the Vice Speaker is a fully functioning member of each Standing Committee, except that the Vice Speaker only votes when a committee is equally divided. If two or more Standing Committees are meeting simultaneously, the Vice Speaker upon consultation with the Committee’s Chairman, determines which meeting to attend. The Speaker makes permanent and temporary assignment of Senators to each of the Standing Committees, and may alter those assignments at his discretion.

 

Rule 4.2.3. Standing Committee Officers.

The Chairman of each standing committee is selected, and may be removed by the Speaker. The Chairman of a committee shall call meetings, preside at the committee meeting, and prepare committee reports. A majority of the committee may require the Chairman to exercise his powers in a manner in which they direct. Each standing committee elects and removes a Vice Chairman pursuant to its own procedural rules. The Vice Chairman performs the duties of the Chairman in his absence. In the absence of the Chairman and Vice Chairman, the most senior Senator, and whose surname ranks first in alphabetical order, shall act as Chairman.

 

Rule 4.2.4. Standing Committee Member’s Assignment.

Upon consultation with the Committee, the chairman of a standing committee may assign specific areas of committee jurisdiction to each member for their special attention and development of expertise.

 

Rule 4.2.5. Standing Committee Rules.

A standing committee may adopt procedural rules for conduct of its executive sessions, hearings and other procedural activities consistent with the Rules.

Rule 4.2.6. Jurisdiction of Standing Committees.

Standing committees have jurisdiction and oversight as follows:

 

A. The Standing Committee on Ways and Means.

It shall be the duty of this committee to consider and report on all bills and resolution, financial requests, and other matters referred to it by the Legislature pertaining to the finances and financial administration of the Government of Kosrae State, annual budgets, budget requests, expenditures, appropriation measures, loans, borrowing, or indebtedness on public credit, monetary claims, funding arrangements or requirements, accounting and audits, past, present or proposed, and all taxation and revenue sharing matters contained in Title 9, and all commerce matters contained in Title 15 of the Kosrae State Code, as well as matters relating to:

 

1. The Department of Administration and Finance

 

2. The Division of Trade and Investment of the Department of Resources and Economic Affairs

 

3. The Office of the Governor

 

B. The Standing Committee on Resources and Development.

It shall be the duty of this committee to consider and report on all bills, resolution, financial request, and other matters referred to it by the Legislature pertaining to the economy of the State of Kosrae and the resources thereof, including matters relating to foreign trade; foreign investment permits; any treaty related matters which would affect the State, economic planning, priorities and policies; public or private investments; and development loans, private savings and indebtedness, usury and banking, labor and manpower development, agriculture, forestry and fisheries development, exportation of land-based mineral resources, land management, industries, public utilities, regulation and management of ownership; exploitation and exploration of mineral or natural resources within the 12 nautical mile baseline of jurisdiction claimed by the State of Kosrae; relations between the State of Kosrae and the National FSM Government; other sovereign nations; the United Nations; and any other international organizations and other related subjects and other related subject matters. This committee may consider, investigate, or recommend needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction. The Committee shall be responsible for reviewing specific subjects in the budget of the Governor, and all supplemental thereto, which make a request for an appropriation that relates to a subject matter within its jurisdiction. Pursuant to its review, the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Kosrae State Legislature. Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following:

 

1. The Kosrae Utility Authority

 

2. The Department of Resources and Economic Affairs

 

3. Micronesian Petroleum Corporation

 

4. Pacific Tuna Industries, Inc.

 

5. SEMO-Micronesia, Inc.

 

C. The Standing Committee on Health and Social Affairs.

The Committee has jurisdiction and oversight of all matters pertaining to bills, resolutions, and other matters referred to it, including Governor’s nominations submitted to the Speaker during a session, which nominations require the advice and consent of the Legislature, pertaining to physical and natural environment, physical and mental health of the general public; public welfare; social security and general well-being of the people of the State of Kosrae; and any other related subjects. It shall be the duty of this committee to consider, investigate, or recommend needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction. The committee shall be responsible for reviewing specific subjects, in the budget of the Governor, and all supplemental thereto which make a request for an appropriation that relates to a subject matter within its jurisdiction. Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Legislature. Those subjects which fall within the jurisdiction of the Committee include, but are not limited to, the following:

 

1. The Department of Health Services

 

2. The Sports Council

 

D. The Standing Committee on Education and Cultural Affairs.

It shall be the duty of this committee to consider and report on all bills, resolutions, financial requests, and other matters referred to it by the Legislature pertaining to public education, cultural issues; traditional issues; and any other related subjects. It shall be the duty of this committee to consider, investigate, or recommend needed revisions of existing laws or new legislation relating to any subject matter within its jurisdiction. This committee shall be responsible for reviewing specific subjects, in the budget of the Governor, and all supplemental thereto, which make a request for an appropriation that relates to a subject matter within its jurisdiction. Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Legislature. Those subjects which fall within the jurisdiction of the committee include, but are not limited to, the following:

 

1. The Department of Education

 

2. The Scholarship Board

 

E. The Standing Committee on Judiciary & Governmental Operations.

It shall be the duty of this committee to consider and report on all bills, resolutions, financial requests, and other matters referred to it by the Legislature pertaining to civil and criminal laws; judicial administration and organization; land laws and traditional rights; suffrage and state elections; proposed revisions of statutes; governmental organization, structure or functions; executive service; insurance, securities and insolvencies; proposed Constitutional amendments; judicial removal; suspension or expulsion of a member of the Legislature and such other related subjects. It shall be the duty of this committee to consider, investigate or recommend to the Legislature any needed revision of existing laws or new legislation relating to any subject matter within its jurisdiction. The committee shall be responsible for reviewing specific subjects in the budget of the Governor, and all supplemental thereof, which make a request for an appropriation that relates to a subject matter within its jurisdiction. Pursuant to its review the committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the committee shall promptly report its recommendation to the Legislature. Those subjects which fall within the jurisdiction of this committee include, but are not limited to, the following:

 

1. The Office of the Attorney General

 

2. The Election Commission

 

3. The Land Court

 

4. The Parole Board

 

5. Micronesian Legal Services Corporation

 

6. The Kosrae FSM Liaison Office

 

7. The State Court

 

8. The Kosrae State Legislature

 

F. The Standing Committee on Environment, Transportation, Communication and Infrastructure.

It shall be the duty of this committee to consider and report on all bills, resolutions, financial requests, and other matters referred to it by the Legislature pertaining to transportation matters, communication matters and infrastructure projects and natural and physical environment of the State, including matters relating to environmental protection, land, air and sea transportation, state regulation of navigation and shipping, maritime matters; communication services; the construction, maintenance or repair of roads, building and other capital improvement projects implemented by the State or contracted by the State; and other related subjects and other related subject matters. The Committee may consider, investigate or recommend to the Legislature any needed revision of existing laws or new legislation relating to any subject matter within its jurisdiction. The Committee shall be responsible for reviewing specific subjects in the budget of the Governor, and all supplemental thereto, which make a request for an appropriation that relates to a subject matter within its jurisdiction. Pursuant to its review, the Committee shall recommend whether the matters referred to it, or portions thereof, will be authorized, and if so, in what amount. Following its review the Committee shall promptly report its recommendation to the Kosrae State Legislature. Those subjects which fall within the jurisdiction of this Committee include, but are not limited to the following:

 

1. The Department of Transportation and Infrastructure

 

2. Kosrae Island Resource Management Authority

 

3. Broadcasting Authority

 

4. Telecommunication Services

 

G. The Standing Committee on Land and Municipal Affairs.

This Committee shall consist of the chairman of each municipal delegation including other members to be assigned by the Speaker. It shall be the duty of this committee to consider, report or take action on all bills, resolutions, financial request, and other matters referred to it by the Legislature pertaining to municipal government affairs and all matters in connection with land or any other related subjects. The Committee may consider, investigate or recommend to the Legislature any needed revision on existing laws or new legislation relating to any subject matter within its jurisdiction. The Committee shall be responsible for reviewing specific subjects in the budget of the Governor, and all supplemental thereto, which make a request for an appropriation that relates to a subject matter within its jurisdiction. Pursuant to its review, the Committee shall recommend whether the matters referred to it, or portion thereof, will be authorized, and if so, in what amount. Following its review the Committee shall promptly report its - 18 - recommendation to the Kosrae State Legislature. Those subjects which fall within the jurisdiction of this Committee include, but not limited to the following.

 

1. Municipal Government Affairs

 

2. Kosrae Land Court

 

3. Land matters

 

Rule 4.2.7. Assignment of Matters.

The Speaker assigns matters to standing committees pursuant to Rule 4.2.6. When standing committee jurisdiction of a matter is not expressly provided the Speaker assigns the matter in a manner consistent with Rule 4.2.6.

 

Rule 4.2.8. Joint Assignment.

When a matter treats subjects within the jurisdiction of more than one standing committee the Speaker may assign a matter to more than one standing committee and provide for coordination of their efforts.

 

Rule 4.3. Select Committee.

In extraordinary circumstances, the Legislature establishes a select committee act on a specific subject for a limited time. Assignment to a select committee, and alteration thereof, are consistent with the final sentence of Rule 4.2.2.

 

Rule 4.4. Committee of the Whole.

The Committee of the Whole is composed of the Senators acting in committee form. The Vice Speaker is the chairman of the committee. In the absence of the Vice Speaker the Speaker designates a Senator as acting chairman. The committee is activated by majority vote and remains is being until it majority vote to report to the Legislature.

 

Rule 4.5.1. Committee Meetings.

Committees meet in executive session or for public hearing. A meeting in executive session is closed to the public unless the committee by majority vote determines otherwise. A meeting for public hearing is open to the public unless the committee by majority vote determines otherwise.

 

Rule 4.5.2. Presence of Members.

Committees may conduct meetings without the presence of a quorum. In the absence of a quorum, the committee may make binding committee decisions only concerning the manner of proceeding in the meeting, the call of absent members, and arrangements for subsequent meetings.

Rule 4.6. Matters Referred to Committees.

A committee, subject to direction by the Legislature and the Speaker, may inquire into, and in its discretion report to the Legislature concerning, any subject within its jurisdiction or any matter referred to the committee by the Speaker. The Legislature by majority vote may withdraw from committee for treatment by the Legislature any matter assigned to a committee.

 

Rule 4.7. Subcommittees.

A committee may function by subcommittee in its discretion for report to the committee.

 

Rule 4.8. Committee Report of Measures.

Following its treatment of a measure a committee submits a written or an oral report of its findings and recommendations to the Legislature. Based on the nature of a measure, the Legislature by majority vote shall decide whether or not it is necessary to reduce an oral report in writing. Before acting on the measure the Legislature acts on the report. A position of dissent may be taken, or a minority report made, by a committee member. A report shall be considered adopted by a committee when a majority of the members of the committee have signed the report concurring therein. Signing a report “with reservation” is counted as concurring therein. A member not concurring with the report of the majority may so indicate by signing the report “I do not concur” or by submitting a separate minority report. A majority report may be submitted during discussion of the motion to adopt a committee report on the same bill, resolution or other matter. The majority report as submitted becomes part of the discussion and therefore part of the journal.

 

Rule 4.9. Duties of the Committees.

It shall be the duty of a Committee to make diligent and careful inquiry into all of the facts and circumstances connected with any bill, resolution or other matter referred to it. Witnesses may be summoned and examined, documents and records searched and every effort shall be made to bring all facts pertaining to the matter before the Legislature.

 

Rule 4.10. Order of the Legislature.

All committees of the Legislature shall be subject to the orders of the Legislature and shall faithfully carry out such orders.

 

Part 5. RULES OF ORDER

 

Rule 5.1. Meetings.

 

Rule 5.1.1 Time and Place.

The Speaker shall inform the Senators of the time and place for the first day of a regular session, consistent with the Constitution. The Speaker may designate the time and place for the first opening day of special session. Three-fourths of the members may reject the time and place designated by the Speaker, and designate another time and place.

 

Rule 5.1.2 Attendance.

A majority of less than a quorum may compel the attendance of absent members, and may adjourn from day-to-day. The Speaker may declare the Legislature adjourned if there is no quorum present at the hour of opening. During a meeting of the Legislature, any member may call upon the Speaker to determine whether a quorum exists or not, and the Speaker shall so determine and announce his finding.

 

Rule 5.1.3. Absence.

A member shall not be absent from the Legislature during a meeting unless he has leave of the Speaker with good cause. All absence which result from illness of a member, illness or death in a member’s immediate family, a natural occurrence making the route to the place of meeting impassable, serious family obligations not related to death or illness, and absence while attending to Legislative business shall be deemed good cause or excusable. Only the absence while attending to Legislative business shall require prior approval by the Speaker. All other absences shall be deemed non-excused unless an extraordinary hardship is shown. The Speaker’s decision to deny or grant leave of absence, or excuse an absence may be appealed to the Committee of the Whole, which may direct the Speaker to grant or deny leave or excuse a particular absence if it is determined that the Speaker’s action was not in compliance with these Rules or contrary to the best interests of the Legislature. For purpose of these Rules “family” means spouse, children, parents, grandparents, grandchildren, siblings, spouse’s parents, and spouse’s siblings, including persons in relationship by adoption. Each Senator shall have his salary reduced by ten dollars for each non-excused absence from a daily meeting of the Legislature. The name of a member not present to answer a quorum court, and not excused by the Presiding Officers, shall be noted in the journal as absent.

 

Rule 5.2. Voting:

 

Rule 5.2.1. Methods of Voting.

There shall be four methods of voting:

 

a. By voice vote

 

b. By rising

 

c. By secret ballot; and

 

d. By call of roll of the members and recording of the vote of each member by the Chief Clerk.

 

Rule 5.2.2. Voice Vote.

Voice vote shall be the usual and ordinary method of voting in the Legislature. Whenever the Legislature shall be ready to vote on any question, the Speaker shall state the question. He shall then request all those in favor of the motion to vote - 21 - “Aye” in a clear, loud voice. Following this he shall request all those against the motion to vote “No” in a clear, loud voice. The Speaker shall then announce the results of the vote to the Legislature.

 

Rule 5.2.3. Rising Vote.

If any member shall doubt the result as announced by the Speaker, he may request a rising vote. The Speaker shall again state the question. He shall call upon those in favor of the motion to rise and be counted by the Chief Clerk who shall report the number standing to the Speaker. The Speaker then shall call upon those against the motion to rise and be counted by the Chief Clerk who shall report the number standing to the Speaker. The Speaker shall announce the results of the vote to the Legislature.

 

Rule 5.2.4. Secret Ballot.

If three members shall request a vote by secret ballot, the Speaker shall conduct such a vote, provided, that at the time of the request a roll call vote is not required or has not been requested. The Speaker shall distribute ballots to the members, restate the question, and instruct those in favor of the motion to write “Yes” on their ballot and those opposed to write “No”. The Chief Clerk shall collect and tally the ballots and report the results thereof to the Speaker who shall announce the results of the vote to the Legislature. The ballots shall be available during the remainder of the day’s session for inspection by any member.

 

Rule 5.2.5. Call of the Roll.

Effective upon adoption of this rule the Chief Clerk prepares a written procedure whereby, before the beginning of each meeting of the Legislature on which a roll call vote may be taken, he draws by chance a number from one to thirteen. For the entirety of a meeting each roll call begins with the Senator whose name in alphabetical order of surnames of the Senators, with the exception of the Speaker, corresponds to the number drawn, and continues from there in such order, except that the Speaker votes last.

 

Rule 5.2.6. Non-Voting.

No member shall refrain from voting unless excused in accordance with Rules 5.1.3. and 7.5 of this part. If any member present in the Legislature Chamber fails to respond to the call of his name upon a roll call, his name shall be immediately called again and if he fails to respond to the second call, the Speaker shall order the Chief Clerk to state verbally that “Senator ( ) has abstained” and to record his vote in the affirmative.

 

Rule 5.2.7. Mandatory Calls of the Roll.

The roll shall be called upon final reading or recommendation for filing of a bill or resolution, all advice and consent appointments and upon the question of passing a bill over the veto of the Governor.

 

Rule 5.2.8. Change of Vote.

A member shall not be allowed to vote or change his vote after the announcement of the vote by the Speaker, or after the collection of the ballots if the vote is by secret ballot. This rule shall not apply if the Legislature has passed a motion to reconsider.

 

Rule 5.2.9. Voting Requirements.

Unless the express terms or content of usage clearly indicate otherwise, the following definitions shall apply to the voting provision of these rules:

 

1. “Members of the Legislature”, or “the membership of the Legislature”, means the total number of representatives legally authorized to serve as members of the Legislature. Article IV, Section 2 of the Kosrae State Constitution requires the Legislature to be composed of fourteen members. Thus, the membership of the Legislature is fourteen. A vacancy or absence of a representative does not reduce the number of the “members” or “membership”, but only that of “members present.”

 

2. “Majority”, means one more than half, unless otherwise indicated. The following numbers shall constitute the percentage indicated:

 

A. Three-fourths of the members (quorum) 11

 

B. Two-thirds majority of the membership 10

 

C. Four-fifths majority of the membership 12

 

Rule 5.3. Motions:

 

Rule 5.3.1 Seconding.

No motion shall be considered by the Legislature unless it has been seconded. The Speaker shall bring all motions to the floor in the order that the motions were seconded. This requirement shall not apply to points of privilege, information, or order.

 

Rule 5.3.2. Disposition of all Motions.

After a motion is stated by the Speaker or read by the Chief Clerk, it shall be under the control of the Legislature and shall be disposed of by the Legislature unless withdrawn as provided in Rule 5.3.7.

 

Rule 5.3.3. Main and Subsidiary Motions.

A member of the Legislature may be the mover for a main motion at the time provided for in the order of business, which main motion shall have as its purpose to carry out the business of the Legislature. Whenever any main motion shall be under discussion, the only motions relative thereto which shall be entertained are:

 

First: To lay on the table;

 

Second: To defer to the end of the calendar;

 

Third: To recommit (to send the bill or resolution or other matter to one or more committees, with or without instructions);

 

Fourth: To amend These motions shall have precedence in the order named. The first and second motion shall be decided without debate and shall be put to a vote as soon as made and seconded. The third and fourth motions and the main motion shall be subject to debate and shall be put to a vote in accordance with the provisions of the Rules. Whenever any of the first three subsidiary motions mentioned above shall be decided in the negative, it shall not again be in order in regard to the main motion under discussion until the intervention of a motion to amend or some other substantive business. If a motion to amend or some other substantive business. If a motion to amend in specific manner is defeated it shall not be revived while the original main motion is still before the Legislature. No more than one motion to amend an amendatory motion shall be in order at the same time. If a motion to amend an amendment is defeated, another amendment to the amendatory motion is in order.

 

Rule 5.3.4. Privileged Motions.

A member of the Legislature may be a mover of a privileged motion at any such a motion is appropriate to the order of business. A privileged motion shall take precedence over main and subsidiary motions and shall be disposed of before the Legislature proceeds with other business. A member may raise a point of privilege concerning a matter which related to him as a member of the Legislature or which related to privilege or welfare of the Legislature. When a member rises to a point of privilege, the Speaker shall interrupt the proceedings of the Legislature and ask the member to state the point. The point shall not be debatable.

 

Rule 5.3.5. Motion to Recess.

A member may move to recess for a specific period of time, or to reconvene at the call of the Chair. The motion to recess shall be decided without debate and shall be put to a vote as soon as made. The Speaker may consider the questions improper and choose not to consider the point.

 

Rule 5.3.6. Point of Order Motion.

A member may raise a point of order at any time such a point is appropriate to the order of business. The subject of such a point shall be whether the rules are being observed. When a member raise to a point of order, the Speaker shall interrupt the proceedings and ask the member to state his point. The point of order shall not be debatable and shall be ruled upon by the Speaker as soon as raised, subject to appeal to the Legislature. If the ruling of the Speaker is appealed, the member raising the point of order and the Speaker shall be each allowed five minutes to explain their position or ruling to the Legislature.

 

Rule 5.3.7. Withdrawal Motion.

A member may rise to withdraw his motion. When a member rises to withdraw his motion, the Speaker shall interrupt the proceedings and permit the motion to the withdrawn if there has no decision on or amendment made to the motion as of the time the member requests withdrawal of his motion.

 

Rule 5.3.8. Division of Question Motion.

A member may move for division of a question when he finds two or more specific subjects within the same general subject to a bill or resolution before the Legislature and desires that each such specific subject be considered and voted on separately. When a member moves for division of question, the Speaker shall interrupt the proceedings and permit the mover to make his motion, which motion shall specify the subjects to be considered and voted upon separately. The motion shall be decided without debate and shall be put to vote as soon as made. If the motion for division of the question is adopted for final passage the bill or resolution shall be considered and voted on as single measure, as provided in these rules.

 

Rule 5.3.9. Call of the House Motion.

A member may move for a call of the house at any time that he desires all present members to remain on the floor and all absent members to be required to attend the session. When a member rises to move for a call of the house, the Speaker shall interrupt the proceedings and permit the mover to make his point. The motion shall be decided without debate and be put to vote as soon as made. The motion, if adopted, shall remain in effect until adjournment or the call of the Legislature is removed by action of the Speaker, subject to appeal to the Legislature. The Speaker may order a call of the house, subject to appeal of the Legislature. A member may move to remove a bill or resolution from the table at an appropriate time in the order of business of the Legislature. The motion shall be decided without debate and shall be put to vote as soon as made. The Speaker may recess the Legislature for a specific period of time, or to reconvene at the call of the Chair, subject to appeal to the Legislature by a member opposing such recess. Member moves to adjourn and such motion shall take precedence over all other motions. The motion shall be decided without debate and shall be put to a vote as soon as made, PROVIDED, that the motion to adjourn to a specific time or sine die shall be subject to debate and amendment. If the motion to adjourn is adopted, action on the question before the Legislature shall be discontinued and shall be considered on the next meeting day during the regular order of business. If the motion to adjourn is defeated, such a motion shall not again be in order until the disposal of intervening business. The Presiding Officers may adjourn the Legislature for a specific time or to specific time as provided in Rule 5, subject to appeal to the Legislature by a member opposing such adjournment.

 

Rule 5.3.10. Incidental Motions.

A member of the Legislature may be the mover of an incidental motion at any time such a motion is appropriate to the order of business. A member may raise a point of information at any time on any subject, including the procedure governing the disposal of a matter or motion before the Legislature. When a member rises to a point of information the Speaker shall ask the member to state his point. The point shall not be debatable. The Speaker shall respond to the point of information as soon as raised or request another member of the Legislature to respond.

 

Rule 5.3.11. Motion to Reconsider.

When a main motion has been made once and carried on the affirmative or negative, it shall be in order for any member of the Legislature who voted with the prevailing side to move to reconsider the motion on any succeeding day of the session in which the Legislature passed such main motion. The motion to reconsider shall take precedence over all other motions except a motion to adjourn or to recess. The motion to reconsider shall be decided without debate and shall be put to vote as soon as made. If the motion is passed and the matter is reconsidered, the Speaker shall not allow any debate or discussion and immediately take a vote on the matter. The same vote necessary to pass the motion originally shall be required for adopting the motion to reconsider. When a motion for reconsideration has been defeated, second motion for reconsideration of the same question shall not be in order.

 

Rule 5.3.12. Motion to Recall.

When a bill, resolution or other matter upon which a vote has been taken has passed out of the possession of the Legislature, and has been transmitted to the Governor, it shall be in order to recall the bill, resolution or matter to the Legislature. Such motion shall take precedence over all other motions except a motion to adjourn or to recess. The same vote necessary to pass the measure originally shall be required for adopting the motion to recall. When a motion for recall has been defeated, a second motion for recall of the same matter shall be not in order. If the motion for recall is adopted and the bill, resolution or other matter returned as requested, it shall then be put before the Legislature for reconsideration in the regular order of business.

 

Rule 5.3.13. Previous Question.

A member may move for the previous question, provided that the Speaker first ascertains that an opportunity to speak on the question has been provided to each member who wishes to speak on the question. The motion for the previous question shall be decided without debate and shall be put to vote as soon as made. Adoption of the motion shall require a majority of all members of the Legislature. The adoption of the motion for the previous question shall close debate and require the Speaker to put the question before the Legislature for a vote.

 

Rule 5.4. Session, Debate, Decorum and Discipline.

 

Rule 5.4.1. Public Session.

Sessions of the Kosrae State Legislature and its committees shall be open to the public unless otherwise provided pursuant to these Rules.

 

Rule 5.4.2. Language of the Proceedings.

All Legislative proceedings shall be conducted in Kosraean unless otherwise specified by the Speaker or Chairman of a committee subject to appeal to the Legislature or respective committee thereof.

 

Rule 5.4.3. Public Media.

Representatives of public communications media desiring to report on the proceedings of the Legislature to the public may be admitted to the Legislature by the Speaker. The Speaker may assign such persons a place and facilities which will not interfere with the operation of the Legislature.

 

Rule 5.4.4. Recognition.

When a member desires to be recognized, he shall raise his hand and address the Chair, “Mr. Speaker”. When recognized he shall confine himself to the purpose for which he raises his hand.

 

Rule 5.4.5. Manner of Address.

A member shall address or refer to his fellow members either as “The Senator from _______”, or “The Honorable _______”.

 

Rule 5.4.6. Holding the Floor.

A member shall continue to hold the floor until such time as he sits down, ceases to speak to the question, or otherwise yields the floor, except that he may yield, for the rising of a point of information or order by another member and - 27 - still retain the floor. The Speaker or Floor Leader may withdraw a Senator’s right to hold the floor if the Senator is no longer addressing the issue before the Legislature.

 

Rule 5.4.7. Closing Debate and Voting on the Question.

The Speaker may close debate and call for a vote on the question before the Legislature any time he is satisfied that every member desiring to speak to the question has spoken or has had an opportunity to do so, subject to appeal to the Legislature by a member opposing close of debate.

 

Rule 5.4.8. Ruling of the Chair.

The Speaker shall decide all questions of order, whether or not specified in these Rules, subject to an appeal to the Legislature, which decision shall be considered overruled if two-thirds of the members present vote not to sustain the ruling of the Chair. A member may make a motion to appeal a ruling of the Chair. A member may make a motion to appeal a ruling of the Chair immediately following announcement of such ruling, and the Speaker shall entertain the motion at that time.

 

Rule 5.4.9. Disorderly Manner.

If any member shall conduct himself in disorderly manner during any session of the Legislature the Speaker shall order such member to keep his seat and preserve the peace. If the member shall persist in his disorderly conduct, the Speaker shall order the Sergeant-at Arms to remove the member from his seat during the remainder of the day’s session, unless the Speaker shall permit him to retake his seat thereafter.

 

Rule 5.4.10. Interruption.

No member shall engage in private discourse when the Speaker or a member is speaking, nor leave the chamber, nor walk about the floor when the Presiding Officer is speaking, nor walk between a member who is speaking and the Presiding Officer.

 

Part 6. MEASURES

 

Rule 6.1. Measures as Property.

Each measure is the property of the Legislature, subject to its exclusive control by majority vote.

 

Rule 6.2 Designation of Measures.

Bills and resolutions are respectively designated “L.B.” and “L.R.”, followed by a number indicating the Legislature of introduction in consecutive chronological sequence. Each subsequent re-draft of a measure following amendments on the floor bears the additional designation “L.D.”, followed by the number of the re-draft.

 

Rule 6.3. Format of Measures.

A measure is typed double space on paper sized 8 ½ X 11” with a left margin of 1 ½”. The lines of the text of the measure are numbered on the left of the page, such lines not to exceed twenty five in number.

 

Rule 6.4. Proofreading of Measures.

The Speaker by administrative directive provides for proofreading of measures before introduction, upon report to the floor, following each re-draft, and before presentation or transmission following adoption.

 

Rule 6.5. Introduction of Measures.

At least one Senator signs a measure as its introducer. An introducing Senator may add “by request” after his signature to indicate an introduction at the request of a party who is not a Senator.

 

Rule 6.6.1. Assignment of Appropriation Bills.

An appropriation bill, including a budget bill, is assigned to the standing committee which has jurisdiction of the subject which the bill would fund.

 

Rule 6.6.2. Ways and Means' Comment on Appropriation Bills.

Upon assignment of an appropriation bill, the Speaker assigns the Committee on Ways and Means to prepare a fiscal comment on the bill, including the availability of the funds proposed for appropriation, similar past appropriations and their use, the bill’s compliance with law and the budget ceiling resolution, and other matters deemed relevant by the Committee on Ways and Means. The comment is promptly presented to the committee or committees that the bill is assigned. A committee does not report an appropriation bill to the floor, and an appropriation bill is not withdrawn from committee, before presentation and consideration by committee of the Ways and Means’ comment.

 

Rule 6.7. Distribution of Measures to Senators.

Following a measure being introduced the Chief Clerk promptly distributes copies of the measure to the Senators.

 

Rule 6.8. Certification and Transmission of Adopted Measures.

Each adopted measure is certified adopted by signature of the Speaker and Chief Clerk who notes on the measure the date of adoption. An adopted bill is presented to the Governor promptly by the Chief Clerk. An adopted resolution is promptly transmitted as may be directed in the resolution.

 

Rule 6.9. Correction of Non-Substantive Errors in Adopted Measures.

During the preparation of an adopted measure in final form for presentation or transmittal the Speaker may authorize in writing the correction of typographical, grammatical or other errors which make no substantive change in the measure or other change contrary to the clear intent of the Legislature.

 

Rule 6.10. Carry-over Measures.

Any measure not finally disposed by the Legislature in a session is carried over with the same numerical designation for the attention of the next session. Rule 6.11. Veto Procedure. In conformity with the Kosrae State Constitution, Article IV, Section 17, the following main motion are in order when a bill vetoed by the Governor is placed before the body:

 

1. A motion to amend the vetoed bill to meet the Governor’s objections;

 

2. If a motion to amend is successful, a motion for final passage of such an amended bill; or

 

3. A motion to pass the vetoed bill or a vetoed line item over the Governor’s objections. If the Governor vetoes more than one line item in a single bill, the motion may include all items or items or separate motions may be made for individual items vetoed by the Governor. The motions have precedence in the order in which they appear above. Debate and appropriate subsidiary motions are permitted on any of the above motions as provided in Part 5 of these rules. If no motion is made and no action is taken, the Governor’s veto is sustained. If the vetoed bill is amended to meet the Governor’s objections, it may be passed upon one reading if ten or more Senators vote in favor of passing the amended bill. A vetoed bill or a vetoed line item may be passed into law over the Governor’s veto if twelve or more Senators vote in favor of passing the bill or item over the Governor’s veto.