§ 10-3-301 - Creation -- Members.
               	 		
10-3-301.    Creation -- Members.
    (a)  An ad interim committee of the General Assembly is hereby established as the "Legislative Council" to consist of the following:
      (1)  The Senate shall select sixteen (16) members in accordance with procedures prescribed by Senate Rules;
      (2)  The House of Representatives shall select twenty (20) members in accordance with the procedure prescribed by House Rules;
      (3)    (A)  The  President Pro Tempore of the Senate, the President Pro Tempore  Designate, the immediate past President Pro Tempore of the Senate, the  Speaker Designate of the House of Representatives, the Speaker of the  House of Representatives, the immediate past Speaker of the House of  Representatives, the immediate past cochairs of the Legislative Council,  the immediate past chair or cochairs of the Legislative Joint Auditing  Committee, and the chair and vice chair or cochairs and co-vice chairs  of the Legislative Joint Auditing Committee shall be ex officio members  of the Legislative Council and shall enjoy the same rights and  privileges as other Legislative Council members.
            (B)    (i)  If  the immediate past Speaker of the House of Representatives is not a  member of the House of Representatives, the current Speaker of the House  of Representatives may appoint a member of the House of Representatives  to serve in the stead of the immediate past Speaker of the House of  Representatives.
                  (ii)  If  the immediate past President Pro Tempore of the Senate is not a member  of the Senate, the current President Pro Tempore of the Senate may  appoint a member of the Senate to serve in the stead of the immediate  past President Pro Tempore of the Senate.
                  (iii)  If  the immediate past House cochair of the Legislative Council is not a  member of the House of Representatives, the Speaker of the House of  Representatives may appoint a member of the House of Representatives to  serve in the stead of the immediate past House cochair.
                  (iv)  If  the immediate past Senate cochair of the Legislative Council is not a  member of the Senate, the President Pro Tempore of the Senate may  appoint a member of the Senate to serve in the stead of the immediate  past Senate cochair.
                  (v)  If  the immediate past House cochair of the Legislative Joint Auditing  Committee is not a member of the House of Representatives, the Speaker  of the House of Representatives may appoint a member of the House of  Representatives to serve in the stead of the immediate past House  cochair.
                  (vi)  If the  immediate past Senate cochair of the Legislative Joint Auditing  Committee is not a member of the Senate, the President Pro Tempore of  the Senate may appoint a member of the Senate to serve in the stead of  the immediate past Senate cochair.
                  (vii)  If  the House cochair of the Legislative Joint Auditing Committee has not  been elected, the Speaker of the House of Representatives may appoint a  member of the House of Representatives to serve until the House members  of the Legislative Joint Auditing Committee elect a cochair of the  Legislative Joint Auditing Committee.
                  (viii)  If  the House co-vice chair of the Legislative Joint Auditing Committee has  not been elected, the Speaker of the House of Representatives may  appoint a member of the House of Representatives to serve until the  House members of the Legislative Joint Auditing Committee elect a  co-vice chair of the Legislative Joint Auditing Committee.
      (4)    (A)  The  majority party leader and minority party leader of the House of  Representatives or their designees, and the majority party leader and  the minority party leader in the Senate or their designees shall be  members of the Legislative Council and shall enjoy the same rights and  privileges as other Legislative Council members.
            (B)    (i)  If  the majority party leader or the minority party leader in the House of  Representatives elects to designate a person to serve, that designation  shall be subject to confirmation by the Speaker of the House of  Representatives.
                  (ii)  If  the majority party leader or the minority party leader in the Senate  elects to designate a person to serve, that designation shall be subject  to confirmation by the President Pro Tempore of the Senate; and
      (5)  The  majority party whip and minority party whip in the Senate or their  designees and the majority party whip and the minority party whip in the  House of Representatives or their designees shall be members of the  Legislative Council and shall enjoy the same rights and privileges as  other Legislative Council members.
(b)    (1)  In  order that there may be no vacancies on the Legislative Council at any  time, at the time the members are selected to the Legislative Council by  the Senate and by the House of Representatives, there shall also be  selected, in the same manner, one (1) first alternate member and one (1)  second alternate member for each regular member.
      (2)    (A)  First  alternate members shall also be nonvoting members of the Legislative  Council and shall be entitled to per diem and mileage for attending all  meetings of the Legislative Council.
            (B)  First  alternate members of the Legislative Council shall have a vote in  matters before the Legislative Council if the regular member which the  first alternate represents is not in attendance.
            (C)  First  alternate members attending as nonvoting members of the Legislative  Council shall receive per diem and mileage to be paid in the same manner  and from the same source as regular members of the Legislative Council.
      (3)  Second  alternate members of the Legislative Council shall have a vote in  matters before the Legislative Council if the regular member and the  first alternate member which the second alternate represents are not in  attendance.
(c)  In the event of a  tie vote in the congressional caucus to elect members and alternates,  the member or alternate shall be elected by the entire membership of the  House of Representatives or Senate, as the case may be.
(d)    (1)  Following  the selection by caucus of the regular and alternate Senate members of  the Legislative Council from the respective congressional districts, the  President Pro Tempore of the Senate shall appoint from the membership  of the Senate his first and second alternate members.
      (2)  The  designation of first and second alternate members by the President Pro  Tempore of the Senate shall be made prior to adjournment of each regular  session of the General Assembly.
      (3)    (A)  The  selection and designation of first and second alternate members from  the membership of the House of Representatives shall be in accordance  with the procedure prescribed by House Rules.
            (B)  Notwithstanding  any provision of this section to the contrary, after January 1, 1999,  the selection and designation of first and second alternate members from  the membership of the Senate shall be in accordance with the procedure  prescribed by Senate Rules.
      (4)  The names of the persons shall be entered upon the journal of the respective houses.
(e)    (1)  Notwithstanding  any provision of this section to the contrary, tenure of membership and  the means of filling vacant positions for Senate Legislative Council  members shall be as prescribed by Senate Rules.
      (2)  Tenure  of membership and means of filling vacant positions for House  Legislative Council members shall be as prescribed by House Rules.
(f)    (1)  The cochairs of the Joint Budget Committee shall be ex officio voting members of the Legislative Council.
      (2)  The  House chair of the Joint Budget Committee may designate the House vice  chair and other House chairs of Joint Budget Committee subcommittees as  ex officio nonvoting members of the Legislative Council, thereby  authorizing their attendance at meetings of the Legislative Council and  its subcommittees.
(g)  The House  chairs and vice chairs of the Review/PEER Subcommittee, the Personnel  Subcommittee, and the Claims Subcommittee of the Joint Budget Committee  shall serve on the corresponding subcommittees of the Legislative  Council as ex officio nonvoting members.
(h)    (1)  With  the consent of both the President Pro Tempore of the Senate and the  Speaker of the House of Representatives, the Legislative Council may  meet during a session of the General Assembly to transact business  concerning the personnel and operations of the Bureau of Legislative  Research.
      (2)  This subsection (h)  does not limit the authority of the Legislative Council to meet during a  recess as authorized by    10-3-211 or    10-2-223.