District Information - 2010 Council on Legislation

 

Council on Legislation Handbook
How to proposes legislation

Dear Fellow Rotarians

As the District representative to the COL for D5020, I am responsible for the coordination of proposals to the 2010 COL for our district.
At the District Conference in Parksville, May 2008, two resolutions were adopted for submission.
In July, a request was sent to all clubs providing an opportunity for clubs to make a further proposal. Three proposals have been received. If these proposals are to be sent to Rotary International for consideration, they must be submitted by December 15, 2008 after receiving district approval.
Attached to this memo are the three proposals. They are as follows:
1. Rotary Club of Comox: Funding for Rotary Action Groups Service Projects
2. Rotary Club of Chehalis: Medical Absences
3. Rotary Club of Nanaimo: Club Extension Charters

Each club has one vote per resolution.
Instructions for this email vote are as follows:

All votes must received by: Friday, November 14, 2008

Your consideration of this important matter for the development of Rotary in our district and the world is appreciated.

Yours in Rotary
Ross
PDG Ross White
 

2010 Council on Legislation How to Propose Legislation

Every three years Rotary International’s Council on Legislation meets to debate and vote on legislation submitted by clubs, districts, and the RI Board. The Council has the authority to amend RI’s constitutional documents, as well as adopt resolutions. Every district sends a representative to the Council, and every club and district may propose legislation. If your club or district is considering proposing legislation for the Council, follow the guidelines below.

What’s New for the 2010 Council?

The 2007 Council made a number of changes to the legislative process for the 2010 Council, including changing the deadline to receive legislation, the deadline for amendments, the definition of defective legislation, and the number of recommended legislative items per district. Further information on these changes can be found below and in the What’s New for the 2010 Council document.

Who May Submit Legislation?

Clubs, districts, the RI Board, and the general council or conference of RI in Great Britain and Ireland (RIBI) may submit legislation. However, club proposals must first be endorsed by the district in order to be presented to the Council.

Is There a Deadline?

Yes. Legislation from clubs and districts for the 2010 Council must be received at RI Headquarters on or before 31 December 2008. If the legislation is from a club, the form certifying district endorsement must also be received by the deadline. There are no exceptions to this deadline. Each Council there are several districts whose legislation is not submitted to the Council because it arrives at RI Headquarters shortly after the deadline. Please do not allow your district’s legislation to suffer this fate.

In addition, all districts should forward to RI Headquarters all legislation proposed by or endorsed at a district conference within 45 days of the conclusion of the conference or the date fixed by the governor for receipt of the ballots for a ballot-by-mail.

Legislation, along with its certification form, may be mailed, faxed or e-mailed to:

Council Services
Rotary International
One Rotary Center
1560 Sherman Avenue
Evanston, Illinois 60201
U.S.A.

Fax: (847) 556-2123
E-mail:
councilservices@rotary.org

How Does My Club Submit Legislation?

When a club proposes legislation, the club’s board of directors must first submit the legislation to the membership for adoption at a regular club meeting. If adopted, the proposal must then be forwarded to the district with a letter signed by the club president and secretary certifying that it has been adopted.

The next step is for the district conference to vote on the piece. If the piece receives the conference’s endorsement, the governor completes the certification form that verifies this (the form is available from the Secretariat office serving your area or online on the Council on Legislation page of the Rotary Web site, www.rotary.org ) and sends both items to RI Headquarters in time to meet the 31 December 2008 deadline. If there is not time for the district conference to consider a piece, the governor may alternatively conduct a ballot-by-mail of the clubs in the district.

The Council will consider only those club pieces that receive district endorsement.

How Does My District Submit Legislation?

A district conference (district council in RIBI) may also propose legislation. When this occurs, the governor should submit the piece, along with the form certifying that the conference/council proposed it, to RI Headquarters in time to meet the 31 December 2008 deadline. (The certification form is available either from the Secretariat office serving your area or online on the Council on Legislation page of the Rotary Web site, www.rotary.org. ) The legislation may either be submitted with your district conference report, or sent separately to the Council Services Section. If submitting legislation with a district report, please be sure to check the appropriate box on the conference report form.

Is There a Limit on the Amount of Legislation that May be Submitted?

The RI Bylaws encourage districts to submit no more than five pieces of legislation in total. It is hoped that if there is less legislation, the Council will have more time for in depth examination of legislation.

What Types of Legislation Are There?

There are two types of legislation: enactments and resolutions. Enactments seek to change RI’s constitutional documents (the RI Constitution, RI Bylaws, and the Standard Rotary Club Constitution); while resolutions do not.

How Do I Create an Enactment?

First and foremost, remember that enactments may only amend the

  • RI Constitution

  • RI Bylaws

  • Standard Rotary Club Constitution

They may not amend the Recommended Rotary Club Bylaws or The Rotary Foundation Bylaws; only the RI Board and the Foundation trustees can change those documents. Text of the constitutional documents can be found either in the yellow pages of the 2007 Manual of Procedure, or online at the Council on Legislation page of the Rotary Web site, www.rotary.org

When preparing an enactment, first search all three constitutional documents for all references to the text relating to the desired change. Ensure that the proposed changes are made in all appropriate

places. Search for keywords relating to the proposed change and also for references to the section of the constitutional document being amended to determine if those words or references may also need to be changed. Otherwise, the proposed change may be contradicted by text in another constitutional document, or even later on in the same document. However, it may be that the proposed change will only occur in one place.

Once it has been determined that all the required changes have been identified, either re-type or electronically copy and paste the affected parts of the constitutional documents onto a new document. Clearly label which document is being changed (RI Constitution, RI Bylaws, or Standard Rotary Club Constitution). Then simply strike through any text that is to be deleted and underline any new text that is to be added. It looks something like this:

PROPOSED ENACTMENT

To (state concisely the purpose of the proposal)

Proposed by (the Rotary Club of ______ or the Conference/Council of District ______)

IT IS ENACTED by Rotary International that the (name of the constitutional document) be and hereby is amended as follows

Do You Have a Sample of an Enactment?

Yes. Here is an example of a proposed enactment in proper form submitted to a past Council:

PROPOSED ENACTMENT

To amend the provisions for notifying clubs of the report of the nominating committee for president

Proposed by the Rotary Club of _________________

Endorsed by the Conference of District ___________

IT IS ENACTED by Rotary International that the BYLAWS OF ROTARY INTERNATIONAL be and hereby are amended as follows

Article 11 Nominations and Elections for President

11.060. Report of Committee.

The report of the committee shall be addressed to the clubs and certified to the general secretary by the chairman within ten days following the adjournment of the committee. The general secretary shall mail a copy notify each club of the contents of the report to each club within ten days as soon as financially practicable but in any case within thirty (30) days after the receipt thereof.

______________________________________________

Note: Material to be deleted is lined through and will not

appear in the revised text. New material is underlined.

How Do I Create a Resolution?

Resolutions do not seek to change the RI constitutional documents. When considering a resolution, determine whether the issue involved affects Rotarians on a global level, or is more local in scope. Also determine if the resolution would require or request an administrative act that is within the discretion of the RI Board or the general secretary; if so, the Constitution and Bylaws Committee may determine that it is defective and, therefore, recommend that it not be transmitted to the Council. If any of these situations apply, perhaps the issue may be better handled through a Memorial to the Board. Otherwise, a resolution looks something like this:

PROPOSED RESOLUTION

To (state concisely the purpose of the proposal)

Proposed by (the Rotary Club of ______ or the Conference/Council of District ______)

IT IS RESOLVED by Rotary International that the Board of Directors of Rotary International consider (provide the wording of the resolution)

OR

IT IS RESOLVED by Rotary International that, in the opinion of the 2010 Council on Legislation (provide the wording of the resolution)

Do You Have A Sample of a Resolution?

Yes. Here is an example of a proposed resolution in proper form submitted to a past Council:

PROPOSED RESOLUTION

To request the RI Board to consider encouraging clubs to support projects for rehabilitation of polio-disabled children

Proposed by the Conference of District ______

WHEREAS, the polio eradication program supported by Rotary has led to a worldwide association of the name of Rotary with polio, and

WHEREAS, it is seen that there is a large number of polio-disabled children in polio endemic countries who are very poor and need help to provide them with mobility so that they can look forward to a useful and productive future

IT IS RESOLVED by Rotary International that the Board of Directors of Rotary International consider encouraging all Rotary clubs in polio endemic countries to undertake projects for the rehabilitation of polio-disabled children and encouraging Rotary clubs in other countries to support such projects.

What is a Memorial to the Board?

Instead of proposing a resolution to the Council, a club or district may wish to consider submitting a memorial to the RI Board. (RCP 28.005.) The RI Board hears memorials at every meeting, and there may be a more rapid response through this action than by submitting a resolution. A memorial to the Board is a petition to the Board for action on a specific matter. In many cases where amending the constitutional documents is not necessary, the proposer’s purpose can be more efficiently and quickly accomplished by a memorial.

What Happens to Our Legislation Once it is Received at RI Headquarters?

Staff first reviews the legislation to ensure that it is has been endorsed by the district, certified by the governor, and has arrived by the 31 December 2008 deadline. Legislation that arrives after the deadline, even if it is postmarked prior to 31 December, will not be considered.

Staff then prepares the legislation for review by the Constitution & Bylaws Committee. The Constitution & Bylaws Committee usually meets monthly for a period of four or five months. At the meetings, they review each piece of legislation to determine whether it is correctly drafted. The Committee, working with staff, also develops Purpose and Effect statements and Financial Impact Statements for each piece. Where pieces are similar, the Committee often recommends a compromise piece to the proposers. The work of the Council is greatly facilitated when proposers agree to compromise proposals, as it allows the Council to examine a single proposal in depth, as opposed to rapidly moving through multiple proposals on the same topic. For those pieces that require further drafting, the Constitution & Bylaws Committee may make recommended changes working through staff and district Council representatives or proposers. Ultimately, however, it is the proposers’ responsibility to submit legislation that is properly drafted. The Committee then reports its findings to the RI Board, which makes a final determination as to whether the legislation is:

  • 1. duly proposed;

  • 2. defective, in which case it may not go forward to the Council unless corrected by the proposers; or

  • 3. not within the framework of Rotary

  • If points 2 or 3 apply, the legislation may not be presented to the Council.

    Where Can I Find Additional Information?

    Chapters 10 and 18 of the 2007 Manual of Procedure, article 10 of the RI Constitution, articles 7 and 8 of the RI Bylaws, and article 59 of the RI Code of Policies.


     

     




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