SR96

A Senate Resolution to amend and supplement the Rules of the Senate to reduce the use of paper copies of documents by the Senate and its committees, commissions, and other bodies.

Be It Resolved by the Senate of the State of New Jersey:

1. Rule 2:2 is amended to read as follows:

2:2. Quorum.

a. Twenty-one or more Senators shall constitute a quorum.

b. At meetings of the Senate where bills or resolutions are not being considered on final reading, reenactment or veto override, a member shall be included in determining a quorum in any of the following manners:

(1) By a member’s attendance at the meeting of the Senate and response to the quorum call;

(2) By a member’s personal communication with the Office of the Secretary of the Senate, by communication equipment providing identification of the member. The member shall express the intent to be included in the quorum for that meeting of the Senate and state that the member is within the State of New Jersey in order to be included in the quorum. The President shall provide the members with written procedures, produced and distributed in an electronic form, for [inclusion] how to be included in the quorum by use of communication equipment; or

(3) By a member of the Senate’s attendance at a meeting of a standing reference committee, as a voting member, during any portion of the time set forth in subsection c.

c. A quorum must be determined as in subsection b. during the span of four hours prior to and four hours after the time of the quorum call as scheduled by the President. The President may expand that time for good cause. Once included in the quorum, the member is not required to remain at the meeting of the Senate, a meeting of a standing reference committee or in contact with the Office of the Secretary of the Senate by means of communication equipment in order for a quorum to be determined and the meeting of the Senate to continue until adjournment. By authorizing the Senate Secretary to include the member in determining a quorum, or by the member’s attendance at a meeting of a standing reference committee as in subsection b.(3), the member authorizes staff to include the member in the quorum on the voting board.

2. Rule 2:8 is amended to read as follows:

2:8. Employee Attendance.

At each meeting of the Senate, employees shall sign, mark, or

otherwise indicate their presence on the electronic attendance sheet [in the office of] maintained by the Secretary of the Senate. Any employee who is absent more than three meetings, without being excused by the President, shall be terminated as an employee.

3. Rule 3:7 is amended to read as follows:

3:7. Calendar of Bills and Resolutions, Consent List; Notice.

a. The President shall prepare a Calendar of Bills and Resolutions for consideration subject to the provisions of Rule 17:7. An electronic version of the Calendar of Bills and Resolutions shall be posted on the Legislature’s website promptly after it is made public. The President may include as part of the Calendar of Bills and Resolutions a consent list consisting of bills and resolutions which the Majority and Minority Leaders have jointly identified as not requiring debate.

b. The President, insofar as is practicable, shall give three State working days' notice, sent by electronic means, of the bills and resolutions calendared for a particular day to the Senators and the news media. The notice shall also be posted on the legislative bulletin board. This provision shall not restrict the President or the Senate from proceeding, in accordance with the Rules, to consider other items on a particular day.

4. Rule 3:8 is amended to read as follows:

3:8. Certification of Bills and Orders.

a. The President shall sign certificates as to the passage by the Senate of all bills and joint resolutions, and all concurrent resolutions when directed by the Senate. If the General Assembly, by rule, accepts and utilizes electronic documents to conduct its business, or otherwise agrees to accept and utilize electronic documents transmitted by the Senate, the President shall affix an electronic signature to certificates produced in an electronic form for transmittal to the General Assembly.

b. All writs, warrants and subpoenas issued by the order of the Senate shall be signed by the President and attested by the Secretary.

5. Rule 3:11 is amended to read as follows:

3:11. Schedule of Meetings.

The President shall, using electronic means, periodically notify the Senators and the Office of Legislative Services, for posting on the Legislature’s website, and distribution to members of the public upon request, of the dates and times when the Senate is scheduled to meet during the succeeding two months. Changes in schedule shall likewise be noticed.

6. Rule 4:1 is amended to read as follows:

4:1. Chief Administrative Officer; Duties.

The Secretary is the chief administrative officer of the Senate, subject to the supervision of the President. The Secretary shall:

a. at least 10 days prior to the second Tuesday in January of each even-numbered year, notify by electronic means the Senators or the Senators‑elect, as the case may be, of the organization meeting at noon on that second Tuesday, in the Senate Chamber;

b. at the commencement of the annual session of each even-numbered year, call the Senate to order, proceed to call the roll of Senators, and, pending the election of a President or President pro tempore preserve order and decorum, and decide all questions of order subject to appeal by any Senator;

c. keep a record of the entire proceedings at each meeting, including the action taken on bills, resolutions and motions, all business transacted and other pertinent activities and personal appearances; and be responsible for the care, custody and accuracy of the record. This record shall constitute the official and permanent “Journal of the Senate”;

d. read the number, title and Committee reference of each bill and resolution delivered to the Secretary by the President, and shall also read all petitions and communications addressed to the Senate;

e. record the votes on all motions, bills and resolutions and inform the President of the final vote;

f. deliver to the Office of Legislative Services copies of all bills and resolutions in electronic form after they have had first reading, been amended or replaced by a substitute;

g. deliver copies of bills and resolutions which have had second reading, together with amendments, in electronic form to the Supervisor of Bills;

h. supervise the various officers and employees, other than the President and Secretary to the President, provided for by these Rules;

i. keep on file the electronic attendance sheet of all the employees supervised by the Secretary;

j. attest all writs, warrants and subpoenas issued by the order of the Senate; and

k. sign and send all messages from the Senate to the General Assembly. If the General Assembly, by rule, accepts and utilizes electronic documents to conduct its business, or otherwise agrees to accept and utilize electronic documents transmitted by the Senate, the Secretary shall affix an electronic signature to messages produced in an electronic form to be sent to the General Assembly.

7. Rule 6:1 is amended to read as follows:

6:1. Secretary to the President, Duties.

The Secretary to the President shall: assist the President at the rostrum, prepare the list of bills, in electronic form, that are ready for third reading, and perform other duties as requested by the President.

8. Rule 6:2 is amended to read as follows:

6:2. Supervisor of Bills, Duties.

After bills, joint resolutions and concurrent resolutions are passed, the Supervisor of Bills shall affix the jurat and official seal and deliver them to the Secretary for forwarding to the General Assembly. If the General Assembly, by rule, accepts and utilizes documents in electronic form to conduct its business, or otherwise agrees to accept and utilize documents in electronic form transmitted by the Senate, the Supervisor of Bills shall affix an electronic version of the jurat and official seal to the bills, joint resolutions and concurrent resolutions produced in an electronic form for forwarding to the General Assembly.

9. Rule 10:1 is amended to read as follows:

10:1. Petitions and Memorials.

Petitions, memorials and other papers addressed to the Senate shall be presented by the President. Petitions and memorials in electronic form may be received and considered by the Senate. Any petitions and memorials not received in an electronic form, and all papers received, shall be converted into an electronic form before being presented by the President.

10. Rule 10:2 is amended to read as follows:

10:2. Messages Sent to General Assembly.

All messages shall be sent to the General Assembly by the Secretary, at the direction of the President. If the General Assembly, by rule, accepts and utilizes electronic documents to conduct its business, or otherwise agrees to accept and utilize electronic documents transmitted by the Senate, the Secretary shall send all messages in an electronic form.

11. Rule 10:3 is amended to read as follows:

10:3. Messages Received.

Messages may be received or delivered at any stage of the business, except when a vote is being taken. If the General Assembly, by rule, utilizes electronic documents to conduct its business, or otherwise agrees to utilize electronic documents to be received by or delivered to the Senate, then the Senate shall accept

messages received or delivered in an electronic form.

12. Rule 11:1 is amended to read as follows:

11:1. Order of Business.

The order of business, unless the President determines otherwise, shall be as follows:

a. Prayer.

b. Salute to the flag of the United States of America.

c. Quorum call.

d. Reading of the Open Public Meetings Act notice.

e. Reading of the Journal, unless dispensed with by order of the Senate. The Journal may be corrected by direction of the President or on motion.

f. Presentation and consideration of petitions, memorials and communications.

g. Bills and resolutions on third reading.

h. Unfinished business.

i. Introduction of bills in an electronic form.

j. Reports of standing and other committees, presented and recorded in an electronic form.

k. Bills and resolutions on second reading.

l. Other business.

13. Rule 12:3 is amended to read as follows:

12:3. Reference Committees' Meetings, Duties; Notice; Agenda.

a. Each reference committee shall meet at the call of its chair. Reference committees may consider bills, resolutions, nominations and other matters referred to them by the President or by Senate Resolution; review the functions, duties and operations of agencies of the State, and its political subdivisions, relevant to their subject areas; and investigate any matter within their subject areas, which investigations shall conclude with a written report to the Senate, submitted in an electronic form, which may include findings and recommendations.

b. The chair shall notify, using electronic means, the Senate and the Office of Legislative Services, for posting on the Legislature’s website, and distribution to members of the public upon request, of the date, time, location and agenda of each meeting or public hearing. The notice shall be [distributed] posted on the Legislature’s website and available for distribution to the public at least five State working days prior to the meeting or public hearing, except in the case of an emergency.

c. No committee agenda shall list more than 12 bills except by permission of the President. After notice of the agenda is given, no bill or resolution may be added to it unless authorized by the President. No bill or resolution may be reported from committee unless it was included on an agenda. A majority of the committee may direct that a bill or resolution be included on the agenda for the next meeting of the committee.

14. Rule 12:4 is amended to read as follows:

12:4. Report of Bills and Resolutions, Committee Substitutes.

Reference committees may report, in an electronic form, a bill or resolution [in the form] as received, as amended by the committee or by committee substitute. A committee substitute shall cover substantially the same subject matter as contained in the original bill.

15. Rule 12:5 is amended to read as follows:

12:5. Committee Voting, Reports, Minority Statements.

a. Members of a reference committee shall cast their votes using an electronic device that has been provided by the Office of Legislative Services and assigned to each member. The electronic device shall be placed on the member’s desk in the committee room and remain on the desk for the duration of the committee meeting.

b. A reference committee may report a bill favorably, unfavorably or without recommendation. All committee reports shall be [in writing] prepared in electronic form and [accompanied by a signed] show, using the votes cast electronically, a concurrence of a majority of the Senators serving on the committee for the action taken. Senators serving on the committee and not concurring with the majority may issue, in electronic form, a minority statement.

16. Rule 12:6 is amended to read as follows:

12:6. Relieve Committee of a Bill or Resolution.

The prime sponsor, or first co‑prime sponsor of any Senate bill or resolution, or a Senator acting on behalf of the prime sponsor or first co‑prime sponsor of an Assembly bill or resolution may move to relieve a reference committee of a bill or resolution. The motion shall not be in order unless 60 days have elapsed since the bill was referred to committee and 24 hours' notice of the motion has been given to the Senate. If the notice is presented in writing, it shall be sent in an electronic form to the Secretary. The motion shall not prevail unless it receives at least 21 votes.

17. Rule 12:9 is amended to read as follows:

12:9. Chair Files Electronic Reports, Contents.

The chair of each committee shall file a written report, in an electronic form, of each meeting with the Secretary indicating: (1) the date of the meeting, (2) the names of the committee members in attendance, and (3) the vote of each member present on every motion considered by the committee.

18. Rule 12:10 is amended to read as follows:

12:10. Committee Statements; Contents, Minority Statements.

a. A committee shall provide a written statement, in an electronic form, for each bill and resolution which it reports. [One] A copy shall be delivered by electronic means to the Secretary and [another to] the Office of Legislative Services. The Secretary shall not accept a bill or resolution reported from committee without a committee statement, except with permission of the President.

b. A committee statement shall contain a digest of the provisions of the bill or resolution, an explanation of amendments adopted by the committee, a statement of the motion by which the bill or resolution was reported, an analysis of any provision of the bill which amends or supersedes current law, and a summary of the provisions of any law to be repealed. The statement may also contain supporting or background information which the committee wishes to provide. Each committee member who voted against the motion to report the bill or resolution may offer a minority statement in an electronic form. Minority statements shall be included within the committee statement under a separate designation.

19. Rule 13:1 is amended to read:

13:1. Roll Call Votes.

Roll call votes shall be recorded on the electronic voting system or, if that system is not available due to technical difficulties or for the convenience of the Senate, taken by calling the names of the Senators alphabetically and recording of the yeas and nays. No Senator's vote shall be recorded unless the Senator is present to respond to a roll call or vote using the electronic voting system.

20. Rule 14:1 is amended to read as follows:

14:1. Motions in Writing, in an Electronic Form at Direction of President.

The President may direct that any motion be reduced to writing, prepared and delivered to the Secretary in an electronic form, and then read before the motion is considered.

21. Rule 16:1 is amended to read as follows:

16:1. Introduction.

a. Each bill and resolution shall be proposed for introduction by presenting [three typewritten copies] it to the Secretary in an electronic form. [The signature copy of each] Each bill and resolution shall [be signed by] include the names and order of the sponsoring Senators. [The copies shall be marked as the House copy, the Office of Legislative Services' copy and the Public copy.] A “Statement [”,] ,” concisely explaining the object, localities, entities or persons it will affect shall be [printed] included at the end of the bill or resolution under the caption “Statement [”.] .”

b. Any Senator may be added as a co‑sponsor of a bill or resolution by [filing with the Secretary a written] completing a co-sponsor notice to that effect [signed by] , in an electronic form, and sending it to the prime sponsor, or first co‑prime sponsor, [and] who shall indicate consent on the form that the Senator [to] be added as a co‑sponsor. The prime sponsor or first co-prime sponsor shall send the notice, as completed by both Senators, to the Secretary by electronic means.

c. The Secretary shall number and list, by electronic means, all bills and resolutions introduced or proposed for introduction. Bills and resolutions introduced or proposed for introduction in the second annual session of a Legislature may be numbered in a manner to distinguish them from those introduced in the first annual session.

d. After numbering and listing each bill and resolution, the Secretary shall [deliver the copies] send a copy by electronic means to the Office of Legislative Services for examination as to form.

e. After examination as to form, the Office of Legislative Services shall return [the House] a copy of the bill or resolution to the Secretary by electronic means, electronically retain [the Office of Legislative Services'] a copy, and [deliver the Public] send a copy by electronic means to the Office of Public Information within the Office of Legislative Services.

f. The Secretary shall [present the House] send a copy to the President for endorsement, [Committee] committee reference, if any, and return to the Secretary for introduction, all of which shall be accomplished by electronic means.

g. The reading by the Secretary of the number, title and committee reference, if any, of each bill and resolution shall constitute introduction and first reading.

h. All bills and resolutions shall, after first reading, be referred to appropriate committees, unless the President directs otherwise.

22. Rule 16:2 is amended to read as follows:

16:2. Co-Prime Sponsors.

The prime sponsor of a bill or resolution may permit a Senator to become the co‑prime sponsor by [signing the bill or resolution] listing the name adjacent to the [signature] name of the prime sponsor and indicating the co-prime sponsorship, or by proposing a resolution designating a Senator as the co‑prime sponsor, with the consent of the proposed co‑prime sponsor. The first and second co‑prime sponsors of a bill or resolution acting jointly may exercise all rights of a prime sponsor under these rules. However, in the absence of an accord the rights of the first co-prime sponsor shall prevail.

23. Rule 16:3 is amended to read as follows:

16:3. Bills and Resolutions Available in [Bill Room] Electronic Form; Availability in Paper Copy Form.

Copies of all introduced bills and resolutions, and approved amendments, shall be available to the Senators, members of the General Assembly and the public [,] in an electronic form, and posted on the Legislature’s website. Upon request, an introduced bill or resolution, and approved amendments, shall be provided in paper copy form by the Office of Public Information within the Office of Legislative Services [' Bill Room].

24. Rule 16:4 is amended to read as follows:

16:4. Amendatory Bills, Form.

When a bill proposes to amend an existing statute, new matter shall be underlined, and matter to be deleted shall be enclosed in boldface brackets. The underlined matter and enclosing boldface brackets shall be added electronically to a copy of the bill that has been maintained in an electronic form.

25. Rule 16:6 is amended to read as follows:

16:6. Drafting Form.

In drafting bills and resolutions:

a. The numbers 10 and above shall be expressed in Arabic figures, except where a number begins a sentence. Words shall be used for the numbers one through nine except that Arabic figures shall be used when any of these numbers is used as a section or paragraph number of legislation, as part of a date or in a statement of dollars and cents, time of day or measurement or as part of an authorized abbreviation or citation.

b. Material enclosed in boldface brackets shall [be printed] remain without change in all copies of the bills and resolutions even if a subsequent amendment restores a portion of the bracketed material.

c. The following footnote shall be annexed to the first electronic page of text of each bill or resolution which contains material enclosed in boldface brackets:

“Explanation‑‑Matter enclosed in boldface brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.”

d. Material underlined shall [be printed] appear as underlined material.

e. Although bills and resolutions shall be maintained in an electronic form, after the adoption of any amendments to a bill or resolution, the amended bill or resolution may be referred to as a “reprint,” notwithstanding that the Senate may not have produced a printed paper copy form of the bill or resolution prior to being amended. Amendments to bills and resolutions shall be included in a reprint of the bill or resolution. Reprints shall be identified in sequential order as “First Reprint [ ”,] ,” “Second Reprint [",] ,” and so on.

f. Reprints of bills and resolutions shall contain all amendments, including all material intended to be omitted by the amendments, in its proper place enclosed in superscript numbers corresponding to the reprint number and boldface brackets‑‑

¹[thus]¹

and all material intended to be added to a section by the amendment shall be underlined and enclosed in superscript numbers corresponding to the reprint number‑‑

¹thus¹

Where the amendment adds a new supplementary section it shall be underlined and enclosed in superscript numbers corresponding to the reprint number‑‑

¹ 4. (New section) . . . . . . . . . . . . .¹

Where the amendment adds a new section which is an amendment to the existing law, the section, including an amendatory clause, shall be enclosed in superscript numbers corresponding to the reprint number with material to be deleted enclosed in boldface brackets and new material underlined. If the bill or resolution is amended a second time, the superscript number 2 shall be used and additional superscript numbers shall be used in the same manner as successive amendments are adopted.

g. The form of amendment shall be consistent with these rules when including the amendments in reprints of bills or resolutions.

h. Underlining shall not be used except as provided in these rules.

i. In any bill which both amends and supplements existing law, each supplementary section shall be designated "(New section)" immediately following its section number.

j. If a bill or resolution has co‑prime sponsors, the names of the co‑prime sponsors shall be indicated on the bill or resolution in a manner distinct from the co‑sponsors.

26. Rule 16:7 is amended to read as follows:

16:7. Electronic Reprints.

[Reprints] Electronic reprints of bills or resolutions, which have been amended, shall include a legend at the bottom of the first page of text indicating the House or committee making the amendment and the date of each amendment.

27. Rule 16:8 is amended to read as follows:

16:8. Delivery to OLS [for Printing].

All bills and resolutions [that are to be printed] shall be delivered to the Office of Legislative Services in an electronic form, which shall, upon request, cause them to be printed and reprinted as necessary in paper copy form.

28. Rule 16:9 is amended to read as follows:

16:9. Copies on Third Reading.

[Printed copies of bills] Bills and resolutions on third reading, together with their fiscal notes and committee statements, shall be provided, in an electronic form, to the Senators prior to voting, using an electronic device that has been provided by the Office of Legislative Services and assigned to each member. The electronic device shall be placed on the member’s desk in the Senate Chamber and remain on the desk for the duration of the meeting of the Senate.

29. Rule 17:2 is amended to read as follows:

17:2. Floor Amendments.

Bills and resolutions may only be amended on second reading. No floor amendment of a bill on second reading and no motion to return to second reading for the purpose of amendment shall be in order unless the sponsor of the amendment, at least one hour prior to the calling of the bill, delivers a copy of the proposed amendment in an electronic form to the President, Minority Leader and Secretary. The Secretary shall make a copy of the proposed amendment available to each Senator on the Senator’s electronic device provided by the Office of Legislative Services and placed on each Senator’s desk, prior to consideration of the proposed amendment. Floor

amendments shall include a sponsor's statement concisely describing their contents and effects.

30. Rule 17:9 is amended to read as follows:

17:9. Withdraw a Bill or Resolution.

No Senate bill or resolution may be withdrawn from the electronic files of the Senate except on motion of the sponsor, co‑prime sponsors or first co‑prime sponsor, acting under Rule 16:2. The motion must be made and adopted prior to the bill or resolution being moved on third reading.

31. Rule 17:12 is amended to read as follows:

17:12. Annual Appropriations Bill.

When the annual appropriation bill and its accompanying supplemental appropriation bill originate in the Senate, they shall not be considered until they have been introduced and made available on each of the Senator’s electronic device provided by the Office of Legislative Service that have been placed upon the desks of the Senators.

32. Rule 17:13 is amended to read as follows:

17:13. President's Certification; Secretary's

Endorsement; Message.

When a bill or resolution requiring three readings has passed third reading in the Senate, except as otherwise provided in subsection d.,

a. the President shall certify on the bill or resolution, by electronic means if the bill or resolution has passed in an electronic form, the date it passed third reading as follows:

Senate . . . . . . . . . . . . . . . . . . 20 . .

This (bill, joint resolution or concurrent resolution), having been three times read in the Senate,

Resolved, That the same do pass.

By order of the Senate.

. . . . . . . . . . . . . . . . . . .

President of the Senate.

unless the bill or resolution passed amended, in which case the President shall note the amendments in the certification;

b. the Secretary shall endorse on the bill or resolution, by electronic means if the bill or resolution has passed in an electronic form, the date the bill or resolution was introduced in the Senate, whether it originated in the Senate or General Assembly, the date it had each of the three readings in the Senate and the number of votes cast for and against passage; and

c. the Secretary shall forward the bill or resolution to the General Assembly with a written message informing the General Assembly that the Senate has passed it. If the bill or resolution originated in the Senate, or if it originated in the General Assembly and was amended in the Senate, the Secretary's message shall also request the concurrence of the General Assembly. If the General Assembly, by rule, accepts and utilizes electronic documents to conduct its business, or otherwise agrees to accept and utilize electronic documents transmitted by the Senate, the Secretary shall forward the bill or resolution and Secretary’s message in an electronic form.

d. Paper copies of bills and resolutions may be produced, and certified and otherwise prepared in accordance with these Rules for use as the official copies that are intended to be submitted to the Governor for approval.

33. Rule 17:17 is amended to read as follows:

17:17. General Assembly Bills and Resolutions, First Reading.

When a bill or resolution requiring three readings and originating in the General Assembly has been delivered to the Senate with a message that the General Assembly has passed the bill or resolution and is requesting the concurrence of the Senate, the reading of the message constitutes the introduction and first reading in the Senate. If a paper copy of the bill or resolution was delivered with the message, the Secretary shall convert the bill or resolution into an electronic form before the Senate, or any committee, takes any further action on the bill or resolution.

34. Rule 17:18 is amended to read as follows:

17:18. General Assembly Concurrent Resolutions, First Reading, Passage.

When a concurrent resolution, other than one proposing to amend the Constitution, is returned amended by the General Assembly, the reading of the message or report of the Clerk of the General Assembly shall constitute its first reading and, unless it is referred to a committee, it may receive final reading on the same day. If a paper copy of the concurrent resolution was delivered with the message, the Secretary shall convert the concurrent resolution into an electronic form before the Senate, or any committee, takes any further action on the concurrent resolution.

35. Rule 17:20 is amended to read as follows:

17:20. Local Mandates; Notice, Hearing, Passage.

a. Bills containing local spending mandates which if unfunded, would fall within the purview of Art. VIII, Sec. II, par. 5 of the Constitution shall contain provision for funding, or shall state which of the six exceptions listed in Art. VIII, Sec. II, par. 5c applies. A statement of the applicable exception shall be included in the appropriate statement to the bill.

b. If the intent of the Senate bill is not to fund the local mandate contained in the bill, consistent with Art. VIII, Sec. II, par. 5c(6), the following procedure shall be employed.

(1) Prior to final reading, there must be a public hearing. The public hearing shall be held and notice shall be given consistent with the provisions of Chapter 22 of these Rules. The notice shall further expressly state that the particular bill or resolution contains an unfunded local mandate. The public hearing shall be held by any reference committee to which the bill has been referred. That reference committee may report the bill on the same day as the public hearing. A written fiscal analysis of the bill, prepared by the Office of Legislative Services, shall be available to the Senators and the public in an electronic form at the time of the public hearing. The fiscal analysis shall be reviewable on the electronic device that has been provided by the Office of Legislative Services and assigned to each committee member, and placed on the member’s desk in the committee room. Paper copies of the fiscal analysis may be made available at the public hearing.

(2) If the bill is amended at any time after notice of the public hearing has been given, a new public hearing shall be held if the amendments would affect the fiscal analysis or cause different local governmental units to be affected by the bill. Otherwise, a further public hearing is not required.

(3) All other constitutional requirements with regard to the passage of laws must be met except that the bill containing the unfunded local mandate shall not be considered on third reading and voted on final passage until at least 20 calendar days after the public hearing at which the bill was in its final form and the bill must receive at least 30 affirmative votes in the Senate.

(4) Assembly bills containing unfunded local mandates and requiring a public hearing pursuant to Art. VIII, Sec. II, par. 5c(6), should have received the public hearing in the General Assembly and are not required to have a further public hearing in the Senate unless the Senate amends the bill as in subsection b(2) of this rule.

36. Rule 18:1 is amended to read as follows:

18:1. When Required.

When a Senator introduces a bill, which would increase or decrease State, county, municipal, school or special district revenues or require an increase in expenditure by any of these entities or would require the appropriation of State funds not set forth in dollars in the bill, the Senator may request, in writing by electronic means, a fiscal note from the Legislative Budget and Finance Officer. The fiscal note shall be prepared in an electronic form and contain an analysis of the amount by which revenues would be increased or decreased, or by which State expenditures would be increased or the amount of State funds which would be required to carry out its purposes.

37. Rule 19:1 is amended to read as follows:

19:1. Resolutions; Passage; Entry in Journal.

a. A resolution of the Senate which requires no action by the General Assembly shall be in writing and presented to the Secretary in an electronic form, at which time it shall be in the possession of the Senate and open to debate. It may be withdrawn at any time before it is approved by the Senate.

b. A majority of the Senators voting shall be sufficient to adopt the resolution.

c. Approved resolutions shall be entered in the Journal.

38. Rule 20:2 is amended to read as follows:

20:2. Report of Judiciary Committee, Contents.

The report of the Judiciary Committee concerning any nomination made by the Governor shall be completed in [writing] an electronic form, show whether the nomination is reported with a recommendation for confirmation or rejection, or without any recommendation, and how each member [signing the report] voted on the nomination based on the casting of their votes using the electronic device provided by the Office of Legislative Services and assigned to each member.

39. Rule 20:4 is amended to read as follows:

20:4. Confidentiality, Hearing, Respond to Objections.

All information or remarks concerning the character or qualifications of any person nominated by the Governor which are brought to the attention of the Judiciary Committee or other appropriate committee during its consideration of the nomination shall not be made public. However, any nominee, upon [written] request, submitted by electronic means or otherwise, shall be granted a hearing by the Judiciary Committee in public or private session, at the discretion of the committee which shall then advise the nominee of any objections raised to confirmation and shall afford the nominee an opportunity to respond to the objections, in public or private.

40. Rule 21:1 is amended to read as follows:

21:1. Who May Attend; Record.

a. When a motion to go into executive session is adopted the President shall direct that the Senate be cleared of all persons, except Senators and the Secretary, and the doors shall remain shut for the entirety of the executive session.

b. A record of the executive session proceedings of the Senate shall be kept in a separate and distinct journal from the Journal containing the other proceedings of the Senate.

41. Rule 22:2 is amended to read as follows:

22:2. Public Attendance, Comment; Notice, Recording.

a. The public is permitted to attend meetings of any Senate committee to the extent that space is available in the committee room, except when the committee goes into executive session. All bills, resolutions and other matters shall be voted upon only at a public session. Citizens present who wish to be heard on a matter under consideration by the committee shall be afforded an opportunity to speak, subject to reasonable limitations as may be set by the chair.

b. At the direction of the chair or by vote of a majority of the members of a standing reference committee, the chair may schedule a public hearing in connection with any bill or resolution then pending before the committee on not less than five State working days' notice. All interested parties shall have an opportunity to be heard, subject to reasonable limitations as set by the chair. All stenographically recorded public hearings, when that service is requested, shall be conducted in the State House or State House Annex, Trenton, unless the President approves another location.

42. Rule 23:4 is amended to read as follows:

23:4. Conditional Veto ‑ Senate Bills.

a. Amended in accordance with the Governor's recommendations. If the Governor conditionally vetoes a bill and returns it to the Senate, the Senate may amend the bill, in an electronic form, in accordance with all of the Governor's recommendations. No other or partial amendments are permitted either in committee or on the floor.

To approve a conditionally vetoed bill which has been amended in accordance with the Governor's recommendations, the bill must be read three times in the Senate, with the intervention of one full calendar day between second reading, after the adoption of the Governor's recommendations, and third reading, unless it is declared an emergency measure under Rule 17:4. No conditionally vetoed bill shall receive first reading or be referred to committee unless directed by the President. The affirmative vote of at least 21 Senators is required to pass the bill as amended.

The passed bill, together with the Governor's recommendations, shall be forwarded to the General Assembly. If the General Assembly, by rule, accepts and utilizes electronic documents to conduct its business, or otherwise agrees to accept and utilize electronic documents transmitted by the Senate, the bill shall be forwarded in an electronic form.

b. Override. The Senate may override a conditional veto in the same manner and subject to the same requirements as necessary to override an absolute veto of a Senate bill.

43. Rule 23:6 is amended to read as follows:

23:6. Line‑Item Veto ‑ Senate Bills.

On or after the third day following receipt of the Governor's statement of one or more line‑item vetoes, the Senate may separately move to override any of the vetoes. Before moving to override, the Governor's line‑item veto statement may be converted into an electronic form.

A concurrent resolution shall be the form of legislation used to override a line‑item veto. A separate concurrent resolution shall be used for each line‑item veto for which a motion is made to override. If 27 or more Senators vote to approve the concurrent resolution to override the veto, the override shall pass the Senate.

If the motion to approve the concurrent resolution to override passes, the President shall certify:

· the date the Governor's line‑item veto statement was received by the Senate;

· that the statement was entered in the Journal;

· the date the Senate passed the motion to approve the concurrent resolution to override the line‑item veto; and

· the tally on the vote to override.

The passed concurrent resolution, together with the President's certification and Governor's line‑item veto statement, shall be sent to the General Assembly. If the General Assembly, by rule, accepts and utilizes electronic documents to conduct its business, or otherwise agrees to accept and utilize electronic documents transmitted by the Senate, the President’s certification shall be done by electronic means, and the concurrent resolution and Governor's line‑item veto statement shall be sent in an electronic form.

44. Rule 24:4 is amended to read as follows:

24:4. Written Report of Public Hearing, Final Passage.

After the public hearing, the committee shall issue a written report on the hearing, in an electronic form, to the Secretary who shall electronically enter the date and location of the hearing and the number of the concurrent resolution in the Journal. After the hearing and at least 20 calendar days after the copies of the concurrent resolution have been placed on the desks of the members of each house, the Senate may give the concurrent resolution third reading and vote on final passage.

45. Rule 24:6 is amended to read as follows:

24:6. President's Certificate of Passage.

If a concurrent resolution proposing to amend the Constitution is passed by the Senate, a certificate shall be signed by the Secretary and the President, annexed to the concurrent resolution, and transmitted to the General Assembly with the concurrent resolution. The certificate shall include:

· whether the concurrent resolution was amended after introduction;

· that printed copies of the concurrent resolution, in the form it was passed, were placed on the Senators' desks, in open meeting, and the date of the placement;

· that a public hearing was held on the concurrent resolution, the date of the hearing, the location, and the committee that held the hearing;

· that the concurrent resolution was read three times in the Senate, was passed on third reading and the dates of the readings; and

· the tally on the vote on final passage.

If the General Assembly, by rule, accepts and utilizes electronic documents to conduct its business, or otherwise agrees to accept and utilize electronic documents transmitted by the Senate, the President and Secretary shall affix their signatures by electronic means to a certificate produced in an electronic form, and the certificate and concurrent resolution shall be sent in an electronic form.

46. Rule 25:3 is amended to read as follows:

25:3. President's Certificate.

If a concurrent resolution originating in the General Assembly and proposing to amend the Constitution is passed by the Senate on third reading, a certificate, signed by the Secretary and the President of the Senate, shall be annexed to the concurrent resolution and transmitted to the General Assembly with the concurrent resolution. The certificate shall include:

· that printed copies of the concurrent resolution, in the form it passed the Senate, were placed on the Senators' desks, in open meeting, and the date of the placement;

· that the concurrent resolution was read three times in the Senate, was passed on third reading and the dates of the readings; and

· the tally on the vote on final passage.

47. Rule 27:3 is added as follows:

27:3. (New) Actions Using Paper Copies

Any action required by these Rules to be performed electronically may be performed using paper copies if necessary due to technical difficulties, or for the convenience of the Senate or any of its committees. All materials provided to members in an electronic form pursuant to these Rules shall be available to members in a printable format.

48. Rule 27:4 is added as follows:

27:4. (New) Electronic Device on Member’s Desks

a. Each member’s desk in the Senate Chamber shall include an electronic device, provided by the Office of Legislative Services and assigned to each member. The electronic device may be used to view the Calendar of Bills and Resolutions, and all bills, resolutions, amendments, substitutes, motions, and other matters for consideration by the Senate that are prepared as or converted into an electronic form in accordance with these Rules. The electronic device shall be placed on each member’s desk prior to the scheduled start time of each meeting of the Senate and shall remain on the desk for the duration of the meeting.

b. Each committee member’s desk shall include an electronic device that has been provided by the Office of Legislative Services and assigned to each committee member. The computer or other electronic device may be used to view committee agendas, and all bills, resolutions, amendments, substitutes, public testimony and other matters for consideration by the committee that are prepared as or converted into an electronic form in accordance with these Rules. The electronic device shall also be used by the committee members to cast their votes on bills, resolutions, amendments, substitutes, motions, and other matters for consideration by the committee. The electronic device shall be placed on each committee member’s desk prior to the scheduled start time of each committee meeting or public hearing and shall remain on the desk for the duration of the meeting or hearing.

c. This rule shall not apply to meetings of the Senate or any committee meeting held outside of the State House Complex.

49. This resolution shall take effect immediately.

STATEMENT

This resolution amends the Senate Rules and adds two new rules to generally establish “paperless” operations for the Senate and its committees, commissions, and other bodies.

Senate bills, resolutions, committee and floor amendments, and other matters for consideration by the Senate and its committees would be produced, maintained, and considered in an electronic form. If the General Assembly, by passage of its own rule, accepts and utilizes electronic documents to conduct its business, or otherwise agrees to accept and utilize electronic documents transmitted by the Senate, then documents would be submitted to the General Assembly in an electronic form.

If a paper copy of a bill or resolution is delivered by the General Assembly to the Senate, such document would be converted into an electronic form before the Senate, or any committee, takes any further action on it.

Each member’s desk in the Senate Chamber would include an electronic device, provided by the Office of Legislative Services and assigned to each member. The electronic device could be used to view the Calendar of Bills and Resolutions, and all bills, resolutions, amendments, substitutes, motions, and other matters for consideration by the Senate that are prepared as or converted into an electronic form in accordance with the Senate Rules.

Each committee member’s desk in the State House Annex would also include an electronic device that has been provided by the Office of Legislative Services and assigned to each committee member. The computer or other electronic device could be used to view committee agendas, and all matters for consideration by the committee that are prepared as or converted into an electronic form in accordance with the rules. Additionally, the electronic device would be used by the committee members to cast their votes on bills, resolutions, and other matters.

In consideration of several provisions in the State Constitution regarding the legislative process, bills, resolutions, and other documents to be presented to the Governor or Secretary of State could still be delivered as paper copies, and paper copies of proposed constitutional amendments could still be laid on the members’ desks in the Senate Chambers. See N.J. Const., Art. V, Sec. I, par. 14; and Art. IX.

Additionally, the rule revisions would still permit the use of paper copies of documents if necessary due to technical difficulties, or for the convenience of the Senate or its committees.