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The Legislative Process
The idea -
This first issue is how
a senator begins to write legislation. Just like anything
else, legislation begins with an idea. Is there are
a problem at Miami? Is there something that senate should
take a stand on? Is there an important issue for my
constituency? All these questions could be the beginning
of some good legislation.
The research -
Once the idea is formed, research has
to be done on the issue. Has anyone ever addressed this
issue before? Who should I talk this about this problem?
Is legislative action the proper course to pursue? There
are people all over this university that would be willing
to answer your questions. In addition, ASG cabinet officers
cover virtually every issue that you could possibly
encounter and they have specific knowledge about issues
and could either answer your questions or direct you
to someone that could. When researching legislation,
senators should check the Institutional History of ASG,
a compilation of recently passed legislation available
in the office. This document will give you a better
understanding of previous ASG actions on specific issues.
If you are having trouble, never hesitate to ask for
help from the senate consultants or the Executive Vice
President.
Drafting Legislation -
"As a sculptor works in stone or
clay, the legislator works in words." Words are
the building block of policy, and legislators frequently
battle over adding, deleting, or modifying terms and
phrases. There are three basic types of legislation:
bills, resolutions, and amendments.
Bill. Most legislative
proposals before Senate are in a bill form. Bills
deal with general academic and student affairs policy
of the university. After passage before Student Senate,
they must go on to be approved by either University
Senate or Student Affairs Council and then the President
of the University or the Board of Trustees. An example
of a bill can be found in the addendum. All bills
should follow this format.
Resolution. A resolution deals with
matters entirely within the prerogatives of the Senate.
It requires neither passage by University Senate nor
Student Affairs Council. Most resolutions deal with
the Standing Rules, are used to express the sentiment
of the Senate to other bodies, and are used to extend
condolences or thanks to individuals and/or organizations.
Amendment. An amendment deals with
a change to either the ASG Constitution or By-laws.
This type of amendment is not to be confused with
a simple amendment in which phrases are added, deleted,
or modified to a regular bill before the body. Constitutional
changes must go before the student body in a referendum
and by-law changes go before Student Affairs Council.
New Business - Once a member of Senate introduces
a piece of legislation, he or she is then open to
procedural questions from the body. A procedural question
deals with the grammar, structure, or eventual destination
of the legislation if it passes the body. Procedural
questions may also deal with the nature of research
completed and the author's intent of the bill. This
first reading of the legislation is not a time to
begin debate upon the proposal.
Old Business & Debate -
After the first reading, the legislation
will appear on the agenda as old business. It is during
this time that members can debate the proposal, offer
amendments, and vote on the piece of legislation.
Per the Standing Rules, debate is
limited to three minutes per senator per turn to avoid
the threat of a filibuster. Before the 1996 session
of senate, there was no time limit to individual speeches.
Thus, members had the right to invoke a filibuster
by holding the floor for hours of endless speeches
in the hopes of modifying or defeating legislation.
The amending process is the heart of the decision
making on the floor of the Senate. Any member of Senate
can introduce an amendment to alter a bill currently
before the body. The author of the bill can declare
the amendment friendly or unfriendly. Friendly amendments
are automatically accepted as part of the original
bill. Unfriendly amendments are debated and voted
upon just like a normal bill would be. During debate
of an amendment, members must focus debate only on
the amendment and not on any other part of the proposal.
A piece of legislation is voted up when there remains
no more senators who wish to speak on behalf of or
against the proposal before the body. A vote can also
be taken when a member of the body "Calls the
Previous Question." There are three types of
voting that can take place.
They are listed in order:
1. Voice Vote: When the question is called, members
supporting the proposal say "aye," those
against say "nay," and those not wishing
to take a position say "Abstain." The Chair
is charged with deciding which side has a majority.
2. Vote by Actual Count: Any member
of the body can request a vote by actual count by
"calling for the division of the house"
after a voice vote has been taken. The Chair will
then count raised hands to determine the majority
position on the proposal.
3. Roll Call Vote: After a vote by
actual count, a member of the body can request a roll
call vote by "calling for a roll call."
A majority of senators must agree that a call of the
roll be taken. After such agreement, the President
pro tempore shall call each senators name and ask
them to declare their vote (aye, nay, abstain) and
shall record that vote for publication in the minutes.
A vote by roll call is final.
The Bureaucracy -
Once a bill is passed by Senate, it is
then forwarded to either the University Senate or Student
Affairs Council. A bill can be defeated at any of these
interim stages before it becomes official university
policy.
University Senate -
The University Senate is a body that consists
of members of the faculty, administration, and the student
body. This body handles all issues pertaining to academic
matters. If Student Senate passes a piece of legislation
that pertains to academic policy it would then go to
a committee of the University Senate which would discuss
the legislation and decide whether or not to put it
before the whole University Senate. University Senate
meets at least twice a month on Monday afternoons at
3:00.
Student Affairs Council -
Like University Senate,
Student Affairs Council is a body that consists of faculty,
administration, and students. Unlike University Senate,
however, students constitute a majority of this body.
Any legislation that refers to issues beyond the academic
scope will go before this body. Any changes in our constitution
or the student handbook have to pass through SAC to
become policy. Other issues addressed by SAC include
alcohol policy, parking, and student organizations.
After a piece of legislation passes one of these bodies,
it will go directly to the President of the University.
The President of the University does have veto power.
If the matter is of great importance to the university,
it will go before the Board of Trustees, which is the
highest governing body of the institution. Any decision
by the Board is final.
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