Thread by @EvanJBergeron

Oh God, y’all. Strap in for another legislative procedure thread
[rainbow star] the more you know! #lalege 🧵🧵🧵

https://twitter.com/nolanews/status/1651779677965414400

This article states that senate rules permit what happened in Senate Ed today. I applaud @rjamesfinn for his work on this piece but I disagree. Here’s why #lalege

The article links to Senate Rule 11.11, the previous question motion. On the Senate floor, a majority of Senators may end debate using this motion. This rule appears in Chapter 11 of the Senate Rules relating to motions on the Senate floor. #lalege

However, Senate committee procedure is governed by Chapter 13, Part II “Uniform Rules of Committee Procedure”. Rule 13.51 provides that committee rules are intended to supplement “other specific Rules of Order… applicable to standing committees.” #lalege

One such other specific rule applicable to standing committees would be Senate Rule 13.8 which prohibits a committee from reporting a bill unless it holds a duly noticed public hearing where interested persons are allowed to “testify for or against the proposal” #lalege

In any event, one of the uniform rules of committee procedure is Senate Rule 13.78, referenced in a prior thread, that requires a committee to offer the opportunity to be heard to “a representative number of proponents and opponents” on a bill #lalege

This means there are two specific Rules of the Senate that require a committee to hear proponents and opponents of a bill before the committee may act. #lalege

Now let’s get back to the previous question motion in Rule 11.11. Chapter 11 discusses motions on the Senate floor when the Senate is considering business. We know this because Rule 11.2 provides that a motion is in the “possession of the Senate” when made. #lalege

Likewise, Rule 11.11, the previous question motion, discusses its procedure in the full Senate only. The word “committee” appears nowhere in this Rule. #lalege

So what we have is a general rule of procedure regarding the previous question motion (of questionable applicability to committee proceedings) stacked against two specific rules requiring the opportunity for proponents and opponents to speak in a committee hearing #lalege

Any first year law student will tell you that if a general statute/rule conflicts with a specific statute/rule, the specific one wins. Therefore, the previous question motion was superseded by two Senate Rules and was not in order when opponents had not yet spoken. #lalege

Still don’t believe me? Cool cool cool. Let’s talk about Senate Rule 15.3, which is a catch-all when, as here, the Senate rules aren’t clear. #lalege

Senate Rule 15.3 provides that on any question of order, if the Senate Rules aren’t clear, Mason’s Manual of Legislative Procedure is “considered as authority”. #lalege

Lucky for you, dear reader, I am in possession of a copy of the aforementioned Mason’s Manual of Legislative Procedure. Sections 631 and 632 thereof are instructive. #lalege

The first sentence of Section 631, while general, expresses the policy supporting and purpose of public testimony at committee hearings: “Citizen participation in legislative proceedings is vital to ensure a fully informed and representative legislature.” #lalege

But the clear answer comes from Section 632, which provides that, while the Senate Rules apply to committees, committee proceedings are to be “relaxed in order to give free discussion and not to handicap the work of the committee.” #lalege

One of the specific examples of motions allowed on the Senate floor but not allowed in committee is “motions to close or limit debate”. As we discussed above, the motion for previous question is a motion to end debate. #lalege

And so, fellow legislative voyagers, we reach the conclusion of this thread. I believe that two specific Senate Rules supersede a Senator’s ability to make a previous question motion in committee before a bill’s opponents can be heard. #lalege

I also believe that, even if these specific rules do not provide such a clear prohibition, Mason’s Manual of Legislative Procedure, which fills in the blanks left by the Senate Rules, does. #lalege

I hope i have explained to you well enough why I do not believe the Senate Rules permit what happened today in Senate Ed regarding SB 7. #lalege

Of course, if you think I am wrong or if you have a different viewpoint, I would love to hear it. Legislative procedure is complex and, like all laws, subject to multiple plausible interpretations. Thanks for reading. #lalege