House Journal: Wednesday, January 22, 2003
JOURNAL OF THE HOUSE
Tenth Calendar Day - Seventh Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, January 22, 2003
The House met pursuant to adjournment at 8:45 a.m., Speaker
Rants in the chair.
Prayer was offered by Reverend Daniel Dinardo, Bishop of the
Diocese of Sioux City. He was the guest of Representative Whitead
and Representative Wendt of Woodbury County.
The Journal of Tuesday, January 21, 2003 was approved.
INTRODUCTION OF BILL
House File 38, by Murphy, a bill for an act relating to the
creation of a center for economic development and trade program and
fund, including providing bonding authority to the treasurer of state,
exempting certain income from taxation, and making an
appropriation.
Read first time and referred to committee on economic growth.
On motion by Gipp of Winneshiek, the House was recessed at 8:50
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 12:59 p.m., Speaker Rants in the chair.
INTRODUCTION OF BILLS
House File 39, by Boddicker, a bill for an act relating to the
definition of veteran and providing an effective date.
Read first time and referred to committee on ways and means.
House File 40, by Shoultz, a bill for an act relating to the
personal needs allowance amount of a medical assistance recipient
residing in a nursing facility.
Read first time and referred to committee on human resources.
House File 41, by Tymeson, a bill for an act relating to liability
for the rendering of disaster and emergency care by designated
medical care professionals.
Read first time and referred to committee on human resources.
House File 42, by Shoultz, a bill for an act relating to
development of recommendations regarding assisted living and adult
day care.
Read first time and referred to committee on human resources.
House File 43, by Van Engelenhoven, a bill for an act lowering
the blood alcohol concentration limit for motor vehicle operating while
intoxicated offenses to .08.
Read first time and referred to committee on public safety.
House File 44, by Huser, Stevens, Petersen, T. Taylor, Wendt,
Whitead, Bell, Connors, Ford, D. Taylor, Cohoon, and Mascher, a bill
for an act relating to the restoration and maintenance of the senior
living trust fund and providing an effective and retroactive date.
Read first time and referred to committee on appropriations.
House File 45, by Huser, Stevens, Lensing, Greimann, Winckler,
Berry, Petersen, Fallon, Foege, Jochum, Murphy, T. Taylor,
Whitaker, D. Olson, Wendt, Whitead, Smith, Reasoner, McCarthy,
Bell, Dandekar, Swaim, Gaskill, Oldson, Connors, Hogg, Ford, Mertz,
Miller, Heddens, Davitt, Frevert, Struyk, D. Taylor, Cohoon, Quirk,
Bukta, Mascher, Lykam, Wise, Osterhaus, Thomas, Kuhn, and
Myers, a bill for an act relating to an increase in the personal needs
allowance amount for a recipient of medical assistance residing in a
nursing facility.
Read first time and referred to committee on human resources.
House File 46, by Foege, a bill for an act relating to the provision
under a group health insurance policy or health maintenance
organization contract for compensation of podiatrists.
Read first time and referred to committee on commerce,
regulation and labor.
House File 47, by Whitead and Wendt, a bill for an act relating to
and making an appropriation for the state poison control center.
Read first time and referred to committee on appropriations.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
January 22, 2003, passed the following bill in which the concurrence of the House is
asked:
Senate File 36, a bill for an act supplementing appropriations made for the fiscal
year beginning July 1, 2002, to the departments of human services, corrections, and
public safety, and to the state public defender and the public broadcasting division of
the department of education, and providing effective date and applicability provisions.
MICHAEL E. MARSHALL, Secretary
ADOPTION OF HOUSE RESOLUTION 4
Roberts of Carroll called up for consideration the following
resolution and moved its adoption:
1 HOUSE RESOLUTION 4
2 BY COMMITTEE ON ADMINISTRATION AND RULES
3 (SUCCESSOR TO HSB 2)
4 A Resolution relating to permanent rules of the House
5 for the eightieth general assembly.
6 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES,
7 That the permanent rules of the House for the seventy-
8 ninth eightieth general assembly be as follows:
9 DIVISION I - GENERAL RULES
10 Rule 1
11 Call to Order and Order of Business
12 The speaker shall take the chair at the hour to
13 which the house has adjourned, and shall immediately
14 call the members to order, correct the journal of the
15 previous day's proceedings, and proceed to other
16 business, including, but not limited to, introduction
17 of bills, reports, messages, communications, business
18 pending at adjournment, resolutions and bills on their
19 passage.
20 Rule 2
21 Quorum Call and Time of Convening
22 The house shall convene each Monday at 1:00 p.m.
23 and at 8:45 a.m. on all other legislative days, unless
24 otherwise ordered. The time of convening shall be
25 recorded in the journal. The house shall not convene
26 on Sunday during a regular or special session.
27 The speaker or a member may request a roll call to
28 determine if a quorum is present.
29 Rule 3
30 Absences from the House
Page 2
1 No member shall be absent without leave while the
2 house is in session unless the member is sick or
3 unable to attend.
4 Rule 4
5 Preservation of Order
6 The speaker shall preserve order and decorum and
7 speak to points of order in preference to other
8 members. Subject to an appeal to the house by any
9 member, the speaker shall decide questions of order
10 which shall not be debated.
11 The speaker may have the chamber of the house
12 cleared in case of any disturbance or disorderly
13 conduct.
14 Only past legislators, state officials, persons
15 whose presence is deemed by the speaker to be of
16 special significance to the house, and school classes
17 accompanied by teachers and seated in the galleries
18 shall be introduced in the house.
19 The public may take photographs from the galleries
20 at any time. However, the use of flash bulbs or any
21 other artificial lighting is prohibited. The press
22 may photograph from the press section, but may not use
23 artificial lighting except for live television crews
24 who receive permission in advance from the chief clerk
25 of the house or the sergeant-at-arms. Photographic
26 instruments shall not be used on the house floor at
27 any time when the members are voting on a question put
28 before the house. Photographic instruments may be
29 used on the house floor at other times with the
30 consent of the subject or subjects of the photography.
Page 3
1 Rule 4A
2 Use of Telephonic or Electronic Devices
3 in Chamber Restricted
4 1. In order to prevent the disruption of house
5 deliberations, a person shall not do any of the
6 following in the chamber while the house is in
7 session:
8 a. Allow any audible signal to be continued to be
9 transmitted to or from a telephonic or electronic
10 device under the person's control.
11 b. Disrupt house deliberations by using a
12 telephonic or electronic device to audibly transmit or
13 receive communications.
14 2. A member shall not use a telephonic or
15 electronic device to audibly transmit or receive
16 communications while recognized by the presiding
17 officer to speak in debate.
18 3. The speaker or other presiding officer may have
19 the chamber cleared of any person acting in violation
20 of this rule.
21 Rule 5
22 Rules of Parliamentary Practice
23 The rules of parliamentary practice in Mason's
24 Manual of Legislative Procedure shall govern the house
25 in all cases where they are not inconsistent with the
26 standing rules of the house or the joint rules of the
27 senate and house.
28 Rule 5A
29 House Budget
30 The speaker of the house shall annually prepare a
Page 4
1 proposed budget for the house of representatives for
2 the payment of expenses, salaries, per diems, and
3 other items. The proposed budget shall be submitted
4 on the fourteenth day of each legislative session to
5 the house committee in charge of administration, which
6 shall approve a proposed budget in house resolution
7 form within thirty days of receiving the proposed
8 budget from the speaker. The house shall adopt a
9 budget within thirty days of the introduction of the
10 house resolution.
11 Rule 6
12 The Speaker Pro Tempore
13 The house shall, at its pleasure, elect a speaker
14 pro tempore. When the speaker shall for any cause be
15 absent, the speaker pro tempore shall preside, except
16 when the chair is filled by appointment by either the
17 speaker or the speaker pro tempore. If a vacancy
18 occurs in the office of speaker, the speaker pro
19 tempore shall assume the duties and responsibilities
20 of the speaker until such time as the house shall
21 elect a new speaker. The speaker or the speaker pro
22 tempore shall have the right to name any member to
23 perform the duties of speaker, but such substitution
24 shall not extend beyond the adjournment. The acts of
25 the speaker pro tempore shall have the same validity
26 as those of the speaker. In the absence of both the
27 speaker and the speaker pro tempore, the house shall
28 name a speaker who shall preside over it and perform
29 all the duties of the speaker with the exception of
30 signing bills, until such time as the speaker or
Page 5
1 speaker pro tempore shall be present, and the person's
2 acts shall have the same force and validity as those
3 of the regularly elected speaker.
4 Rule 7
5 Amendment and Suspension of Rules
6 A motion to change or rescind a standing rule or
7 order of the house requires one day's notice. A
8 motion to suspend a rule, or to table or take from the
9 table a matter, requires an affirmative vote of a
10 constitutional majority. Postponing or changing the
11 order of business requires an affirmative vote of a
12 constitutional majority.
13 Rule 8
14 Violation of House Rules
15 The speaker shall, or any member may, call to order
16 a member who transgresses the rules of the house.
17 With leave of the house, the member called to order
18 may be permitted to explain. If the case requires it,
19 the member shall be subject to censure of the house.
20 Rule 9
21 Referral of Rule Violations
22 The speaker shall, upon complaint of a member, or
23 upon the speaker's own motion, refer any alleged
24 violation of house or joint rules by house members,
25 employees or staff to the house ethics committee upon
26 an initial finding that an investigation is warranted.
27 The ethics committee shall investigate such
28 allegations and report them back to the house with a
29 recommendation.
30 Rule 10
Page 6
1 Recognition and Decorum in Debate
2 A member who wishes to speak in debate or deliver
3 any matter to the house shall be appropriately
4 attired, with male members wearing coat or tie, and,
5 after recognition by the chair, shall respectfully
6 address the presiding officer by saying "Mr. or Madam
7 Speaker", shall confine all remarks to the question
8 under debate, and shall avoid personalities.
9 Rule 11
10 Limit on Debate
11 No member shall speak more than once on the same
12 question, without leave of the speaker, nor more than
13 twice until every member choosing to speak has spoken,
14 except as provided in Rule 81. A member shall be
15 limited to ten minutes debate on a bill being
16 considered prior to its last reading, but may be
17 granted an extension of time by consent of the house.
18 Rule 12
19 Decorum During Debate
20 No member shall leave the house while the speaker
21 is putting a question. No one shall pass between the
22 speaker and a member who is speaking or two members
23 who have been recognized by the speaker.
24 Rule 13
25 Stating the Question
26 When a motion is made, it shall be stated by the
27 speaker. a motion made in writing shall be passed to
28 the desk before it is debated.
29 Rule 14
30 Putting the Question
Page 7
1 Questions shall be distinctly put in this form:
2 "All those in favor of (the question) shall say
3 'aye';" and after the affirmative voice is expressed,
4 "All those opposed to (the question) shall say 'no'."
5 If the speaker is in doubt or a member of the house
6 requests, a nonrecord roll call vote shall be taken.
7 DIVISION II - EMPLOYEES OF THE HOUSE
8 Rule 15
9 Chief Clerk of the House
10 The chief clerk of the house shall serve as
11 parliamentarian and chief administrative officer of
12 the house under the direction of the speaker of the
13 house. The chief clerk shall supervise the chief
14 clerk's office; be responsible for the custody and
15 safekeeping of all bills, resolutions, and amendments
16 filed, except when they are in the custody of a
17 committee; have charge of the daily journal; have
18 control of all rooms assigned for the use of the
19 house; attest to the accuracy and correctness of text
20 and action on bills and resolutions; process the
21 handling of amendments when filed and during the floor
22 consideration of bills; insert adopted amendments into
23 bills before transmittal to the senate and prior to
24 final enrollment; supervise legislative printing and
25 the distribution of printed material; and perform all
26 other duties pertaining to the office of the chief
27 clerk.
28 Rule 16
29 Reserved
30 Rule 17
Page 8
1 Sergeant-At-Arms
2 The sergeant-at-arms shall execute all orders of
3 the house and the presiding officer; perform all
4 assigned duties related to the policing and good order
5 of the house; supervise the entrance and exit of all
6 persons to and from the chamber; promptly execute all
7 messages, etc.; provide that the chamber is properly
8 ventilated and open for the use of the members; and
9 perform all other services pertaining to the office of
10 sergeant-at-arms.
11 Rule 18
12 Secretaries
13 All secretaries of the house shall be under the
14 general direction of the speaker and the chief clerk.
15 Secretaries shall be on duty at the house from 8:30
16 a.m. to 4:30 p.m. except when excused by the member to
17 whom the secretary is assigned. Secretaries shall
18 perform such additional duties as may be assigned to
19 them by the chief clerk.
20 Rule 19
21 Extra Compensation of Employees
22 No employee shall receive any extra compensation,
23 except as provided by the house, or tips for services
24 performed while on duty. Any violation of this rule
25 shall be grounds for removal.
26 DIVISION III - VISITORS AND LOBBYISTS
27 Rule 20
28 Admission to the House; Lobbying
29 The chamber of the house shall include the
30 vestibule, restrooms, cloak room, lounge, visitors'
Page 9
1 galleries, and floor of the house.
2 The floor of the house shall consist of that area
3 between the press box, speaker's station, and the
4 south wall behind the last row of desks occupied by
5 representatives, excluding the visitors' galleries.
6 During a legislative day while the house is in
7 session, and one-half hour before the house convenes
8 and one-half hour after the house recesses or
9 adjourns, no person shall be admitted to the floor of
10 the house except:
11 1. Members of the general assembly and authorized
12 house employees in the performance of their duties.
13 2. Former members of the general assembly who are
14 not registered lobbyists.
15 3. A general assembly member's family.
16 4. Representatives of the press, radio, and
17 television who shall go directly to and from the press
18 box.
19 5. Legislative interns approved by the chief clerk
20 who shall go directly to and from the seat of their
21 assigned representative or to be seated in the
22 perimeter seating area.
23 6. Chair, co-chair, and the executive secretary of
24 a political party having members serving in the
25 general assembly.
26 7. Personnel of the Code editor's office,
27 legislative service bureau, legislative fiscal bureau,
28 citizens' aide/ombudsman's office, computer support
29 bureau and administrative rules review committee
30 staff.
Page 10
1 8. The governor's executive assistants and
2 administrative assistants, members of the state
3 executive council, the lieutenant governor, the
4 attorney general, and the administrative rules
5 coordinator, all of whom shall be confined to the
6 perimeter area.
7 The current status of former members of the general
8 assembly shall govern their access to the floor under
9 these rules.
10 No other persons shall be allowed on the house
11 floor without permission of the presiding officer of
12 the house.
13 No person admitted to the floor of the house,
14 except members of the general assembly, shall, while
15 the house is in session, lobby or attempt to exercise
16 any influence with any member for or against any
17 matter then pending or that may thereafter be
18 considered by the house.
19 Notwithstanding the provisions of this rule
20 regarding admission to the floor of the house, a
21 registered lobbyist shall not be admitted to the floor
22 of the house on any day when the house is in session
23 or committees are scheduled to meet from one-half hour
24 before the house convenes or 8:45 a.m., whichever is
25 earlier, until one-half hour after the house adjourns
26 or until 4:30 p.m., whichever is later. a registered
27 lobbyist or other person may be admitted to the house
28 when the house is not in session to gain access to a
29 committee room.
30 Each lobbyist shall be given a copy of this rule
Page 11
1 when the lobbyist registers.
2 Each member, employee of the house, and registered
3 lobbyist shall report violations of this rule
4 immediately to the sergeant-at-arms.
5 Any person for cause may be summarily dismissed
6 from the chamber of the house, by action of the house,
7 and shall forfeit that person's right to admission
8 thereafter.
9 Rule 20A
10 Legislative Interns
11 Only one legislative intern per member of the house
12 is allowed on the floor of the house at any one time.
13 Rule 21
14 Distribution of Literature
15 No person except a member or employee of the house
16 of representatives shall generally distribute or cause
17 to be distributed any pamphlets, material, or other
18 printed literature to the members' desks in the house.
19 An employee of the house shall generally distribute or
20 cause to be distributed such literature only on behalf
21 of the employee's office or staff.
22 All copies of pamphlets, material, or printed
23 literature distributed by a member or employee of the
24 house of representatives shall bear the name of the
25 member or employee's office or staff.
26 Other distributions of pamphlets, material, or
27 other printed literature shall bear their source of
28 origin and be distributed through the legislative post
29 office by completing a form containing a member's or
30 the chief clerk's authorization, with the
Page 12
1 authorization form attached to one copy of the
2 distribution. The copy with the attached
3 authorization form shall be retained for a reasonable
4 time period by the legislative post office.
5 Rule 22
6 Distribution of Materials
7 Printed by the State
8 A member of the house shall not distribute maps,
9 books, and pamphlets such as, but not limited to, How
10 a Bill Becomes Law, which have been printed by the
11 state of Iowa and upon which the name of the member of
12 the house has been affixed unless the member has
13 purchased the materials or unless the member has
14 affixed the words "Paid for by the citizens of Iowa
15 and distributed by representative (member's name)."
16 DIVISION IV - FORMS AND PROCEDURES
17 FOR BILLS AND OTHER DOCUMENTS
18 Rule 23
19 Documents Signed by the Speaker
20 All acts and joint resolutions shall be signed by
21 the speaker, and all writs, warrants, and subpoenas
22 issued by order of the house, shall be signed by the
23 speaker and attested by the chief clerk. The speaker
24 shall cause certificates of recognition or condolence
25 to be issued by the house which shall be signed by the
26 speaker and the chief clerk.
27 Rule 24
28 Presentation of Petitions
29 All petitions, memorials and other papers addressed
30 to the house shall be signed by the member and filed
Page 13
1 with the chief clerk or the chief clerk's staff.
2 Rule 25
3 Consideration of Resolutions
4 Action on a resolution, except a memorial
5 resolution, or a proposition requesting information
6 from a state official shall not be taken until one day
7 after the resolution has been placed on the members'
8 desks. After the resolution is adopted, the chief
9 clerk shall transmit certified copies and have the
10 resolution printed in the bound journal. a resolution
11 may be printed in the daily journal upon the approval
12 of the speaker after consultation with the minority
13 leader.
14 Rule 26
15 Unanimous Consent Calendar
16 The speaker may, upon the request of three members,
17 place on a unanimous consent calendar any house
18 resolution or concurrent resolution which does not
19 contain an appropriation and which has been laid over
20 under Rule 25.
21 If such resolution is placed on the unanimous
22 consent calendar, it may be removed only upon a
23 written request submitted to the speaker by a member
24 of the house.
25 If not removed after five legislative days, the
26 chief clerk shall call up the resolution and without
27 debate the speaker shall pronounce that it has passed
28 by unanimous consent.
29 If the resolution is removed from the unanimous
30 consent calendar, the speaker may again lay the
Page 14
1 resolution over under Rule 25, place it on a different
2 calendar, or refer the resolution to any of the
3 standing committees of the house.
4 Rule 27
5 Forms of Bills and Joint Resolutions
6 Every house bill shall be introduced by one or more
7 members or by any standing or specially authorized
8 committee of the house, the administrative rules
9 review committee or interim study committee. All
10 bills and joint resolutions introduced shall be
11 prepared by the legislative service bureau with title,
12 enacting clause, text and explanation as directed by
13 the chief clerk of the house. One copy of each bill
14 shall be presented in a bill cover with the number of
15 copies of the bill and the title as directed by the
16 chief clerk.
17 Rule 28
18 Joint and Nullification Resolutions
19 Joint resolutions shall be framed and treated as
20 bills.
21 A "nullification resolution" is a joint resolution
22 which nullifies all of an administrative rule, or a
23 severable item of an administrative rule adopted
24 pursuant to chapter 17a of the Code. a nullification
25 resolution shall not amend an administrative rule by
26 adding language or by inserting new language in lieu
27 of existing language.
28 A nullification resolution may be introduced by an
29 individual, a standing committee or the administrative
30 rules review committee, and may be referred to a
Page 15
1 standing committee. A nullification resolution is
2 debatable, but cannot be amended on the floor of the
3 house.
4 Rule 29
5 Time of Introduction of Bills
6 No bill or joint resolution under individual
7 sponsorship, other than a nullification resolution,
8 shall be read for the first time after 4:30 p.m. on
9 Friday of the 6th week of the first regular session of
10 the general assembly unless a written request for
11 drafting the bill has been filed with the legislative
12 service bureau before that time.
13 After adjournment of the first regular session,
14 bills may be prefiled at any time before the convening
15 of the second regular session. No bill or joint
16 resolution under individual sponsorship, other than a
17 nullification resolution, shall be read for the first
18 time after 4:30 p.m. on Friday of the second week of
19 the second regular session of the general assembly
20 unless a written request for drafting the bill has
21 been filed with the legislative service bureau before
22 that time.
23 However, bills or joint resolutions sponsored by
24 standing committees or the administrative rules review
25 committee, co-sponsored by the majority and minority
26 floor leaders, or companion bills sponsored by the
27 house majority leader and the senate majority leader
28 may be drafted and introduced at any time permissible
29 under Joint Rule 20. House, concurrent, and
30 nullification resolutions may be introduced at any
Page 16
1 time.
2 Rule 30
3 Introduction and Reading of Bills
4 All bills and resolutions to be introduced in the
5 house shall be typed in proper form and filed with the
6 chief clerk no later than 4:30 p.m. on the legislative
7 day preceding its introduction.
8 Every bill shall receive two readings but no bill
9 shall receive its first and last readings on the same
10 day.
11 A "reading of a bill" as required by these rules
12 shall consist of a reading of the title and enacting
13 clause unless otherwise demanded by a house member.
14 Rule 31
15 First Reading, Commitment, and Amendment
16 31.1. A bill is introduced into the house by an
17 initial or "first reading of the bill".
18 31.2. When the house is in session the first
19 reading shall consist of a "reading" as provided in
20 Rule 30.
21 31.3. Upon a first reading of the bill, the
22 speaker shall state that it is ready for commitment or
23 amendment; and the speaker shall commit it to the
24 standing or select committee, or to a committee of the
25 whole house. If to a committee of the whole house,
26 the house shall determine on what day.
27 31.4. On a day when the house is not in session,
28 the speaker shall cause a statement, which shall
29 consist of the title, enacting clause, bill number and
30 committee to which the bill is referred to be
Page 17
1 published in the house journal. This publication
2 shall constitute a first reading and commitment and
3 shall contain the notation "read and committed under
4 Rule 31.4".
5 31.5. All amendments offered to bills on file or
6 on the regular calendar shall be accompanied by such
7 copies as the chief clerk shall direct.
8 31.6. Such amendments shall give the number of the
9 bill sought to amend and the chief clerk shall
10 designate each such amendment thus: Amendment to
11 House File _________, or Senate File ________, by
12 ___________.
13 31.7. A bill reported out by committee shall go to
14 the speaker who shall direct that the bill be placed
15 on the regular calendar unless it covers subject
16 matter more properly within the jurisdiction of some
17 other standing committee, in which case the speaker
18 shall refer the bill to the proper standing committee.
19 In order to expedite important business and set a
20 definite time for the bill's consideration, the
21 speaker may direct the bill to be placed on the
22 special order calendar.
23 31.8. No amendment to the rules of the house, to
24 any resolution or bill, except technical amendments
25 and amendments to bills substituted for by senate
26 files containing substantially identical title,
27 language, subject matter, purpose and intrasectional
28 arrangement, shall be considered by the membership of
29 the house without a copy of the amendment having been
30 filed with the chief clerk by 4:00 p.m. or within one-
Page 18
1 half hour of adjournment, whichever is later, on the
2 day preceding floor debate on the amendment. If the
3 house adjourns prior to 2:00 p.m. on Friday, the final
4 deadline is two hours after adjournment. However,
5 committee amendments filed pursuant to the submission
6 of the committee report may be accepted after this
7 deadline. This provision shall not apply to any
8 proposal debated on the floor of the house after the
9 fourteenth week of the first session and the twelfth
10 week of the second session. No amendment or amendment
11 to an amendment to a bill, rule of the house, or
12 resolution shall be considered by the membership of
13 the house without a copy of the amendment being on the
14 desks of the entire membership of the house prior to
15 consideration. However, after the fourteenth week of
16 the first session and the twelfth week of the second
17 session, the membership of the house may consider an
18 amendment or an amendment to an amendment to a bill,
19 rule of the house, or resolution without a copy of the
20 amendment being on the desks of the entire membership
21 of the house prior to consideration if a copy of the
22 amendment is made available to the entire membership
23 of the house electronically.
24 Rule 32
25 Commitment of Appropriation and Revenue Bills
26 All bills to appropriate money shall be referred to
27 the appropriations committee, and all bills pertaining
28 to the levy, assessment, or collection of taxes shall
29 be referred to the committee on ways and means.
30 Rule 33
Page 19
1 Regular Calendar
2 Bills, nullification resolutions, and joint
3 resolutions reported out for passage, or amendment and
4 passage, or without recommendation, by a committee,
5 shall be arranged on a regular calendar by the chief
6 clerk each day at 4:30 p.m. in the order of the file
7 number of the bills and following the preceding
8 legislative day's regular calendar. Priority shall be
9 given to house over senate file numbers and to joint
10 resolutions over bills in the arrangement of the
11 regular calendar.
12 Rule 34
13 Debate and Special Order Calendars
14 The majority floor leadership shall cause to be
15 prepared and distributed to the members at the opening
16 of each session day when floor action is scheduled, a
17 daily debate calendar consisting of bills,
18 nullification resolutions, and joint resolutions from
19 the regular calendar setting forth the number and
20 title of bills, nullification resolutions, and joint
21 resolutions for the next session day that floor action
22 is scheduled.
23 The majority floor leadership shall cause to be
24 prepared and distributed to the members at the opening
25 of each session day when floor action is scheduled, a
26 special order calendar setting forth the number and
27 title of bills, nullification resolutions, and joint
28 resolutions and the date upon which debate is
29 scheduled to begin on each of them, which can be no
30 sooner than five session days from the first date of
Page 20
1 publication on the regular calendar.
2 This rule does not apply to bills which have passed
3 both houses in different forms, reconsiderations, or
4 veto reconsiderations.
5 Rule 35
6 Noncontroversial Calendar
7 The majority floor leadership may cause to be
8 prepared a noncontroversial calendar consisting of
9 bills and joint resolutions from the regular calendar.
10 The noncontroversial calendar shall appear under
11 separate heading on the regular calendar.
12 Notwithstanding Rule 34, a bill or joint resolution
13 on the noncontroversial calendar may be called up for
14 debate at any time by the majority leader beginning
15 the third legislative day after it appears on the
16 noncontroversial calendar. a bill or joint resolution
17 shall be stricken from the noncontroversial calendar
18 if a written objection to the bill or joint resolution
19 is filed with the chief clerk prior to the time the
20 bill or joint resolution is called up by the majority
21 leader.
22 Debate on a bill or joint resolution from the
23 noncontroversial calendar shall be limited to ten
24 minutes. If debate exceeds ten minutes, the bill or
25 joint resolution shall be stricken from the
26 noncontroversial calendar.
27 Rule 36
28 Consideration of Committee Amendments
29 After a bill has been referred and reported back,
30 it shall be considered on its first reading after the
Page 21
1 amendments of the committee have been read.
2 Rule 37
3 Amendments to Special Order Bills
4 All amendments to bills on the special order
5 calendar shall be filed at least three session days
6 prior to the date set for debate. Amendments to an
7 amendment shall be filed at least two session days
8 prior to the date set for debate. However, corrective
9 amendments and amendments sponsored by either the
10 majority floor leader or the minority floor leader may
11 be filed at any time. Rule 31.8 shall not apply to
12 these amendments.
13 A corrective amendment is an amendment which does
14 not substantively change the amendment or the bill.
15 Rule 38
16 Irrelevant Amendments
17 No motion or proposition on a subject different
18 from that under consideration shall be admitted under
19 color of an amendment.
20 Rule 39
21 Consideration of Bills
22 Bills, including committee bills, and nullification
23 resolutions, reported out for passage, for indefinite
24 postponement, for amendment and passage, or without
25 recommendation by the committee, shall not be acted
26 upon until after the second legislative day following
27 the day the report was printed in the journal.
28 Prior to noon or adjournment, whichever is later,
29 on the last legislative day of the week, the majority
30 leader shall prepare a list of bills reported out of
Page 22
1 committee that week which have not yet appeared on the
2 regular calendar.
3 The reports of the committees shall not be read
4 while the house is in session except as herein
5 provided. The reports shall be printed in the journal
6 immediately after they are filed with the chief clerk.
7 Reports recommending bills for passage, for amendment
8 and passage, or without recommendation shall stand
9 approved unless written objections are filed during
10 the first legislative day following their printing in
11 the journal. If objections are filed, they shall be
12 disposed of as soon as possible. Reports recommending
13 indefinite postponement shall be governed by Rule 44.
14 Upon an affirmative vote of at least a
15 constitutional majority of the members, a report may
16 be read before it is printed in the journal and while
17 the house is in session, and acted upon at once.
18 Rule 40
19 Consideration of Bills Upon Last Reading
20 No amendment, unless by way of correcting an error
21 or omission, shall be received to any bill on its last
22 reading, and no debate shall be allowed on it.
23 Rule 41
24 Printing of Bills and Joint Resolutions
25 Bills and joint resolutions shall be printed in
26 form as provided by law and by rule. Each house may
27 direct the printing of an additional number of its own
28 bills.
29 Legalizing bills of a local or private nature shall
30 be printed in bill form and placed in the files of the
Page 23
1 members, the same as other bills, in the order of
2 their introduction. The cost of printing shall be
3 deposited with the treasurer of state in advance at a
4 rate to be fixed, and the newspaper publication of the
5 bill shall be without cost to the state. No
6 legalizing act may be introduced until all provisions
7 of law have been complied with.
8 Rule 42
9 Certification and Engrossment of Bills
10 The chief clerk shall certify the passage of each
11 bill and note the date of its passage.
12 In engrossing a bill, the chief clerk shall correct
13 all obvious typographical, spelling, or other clerical
14 errors and change section subunit numbers and letters
15 and internal references as required to conform the
16 original bill to any amendments which have been
17 adopted. The chief clerk shall report all such
18 corrections or changes in the journal. The engrossed
19 bill shall be placed in the bill file with the
20 original bill and amendments.
21 Rule 43
22 Rereferral
23 A bill may be rereferred at any time before its
24 passage and after the report of its referral to
25 committee.
26 Rule 44
27 Effect of Indefinite Postponement
28 When a question is indefinitely postponed, it shall
29 not be acted upon again during that session. Any bill
30 which receives a committee recommendation of
Page 24
1 indefinite postponement shall be disposed of within
2 three legislative days after the printed journal
3 containing the report has been placed upon the desks
4 of the members of the house, or the committee
5 recommendation will be considered adopted.
6 Rule 45
7 Status of Bills Following
8 First Regular Session
9 Except for those bills which have been adopted by
10 both houses in different forms, all bills which have
11 not been withdrawn, defeated or indefinitely
12 postponed, shall be rereferred to committee upon
13 adjournment of the first regular session. Within
14 seven days after the first committee meeting following
15 convening of the second regular session, the committee
16 chair shall submit the bill to the full committee for
17 action or the chair shall reassign the bill to a
18 subcommittee.
19 DIVISION V - COMMITTEE PROCEDURES
20 Rule 46
21 Appointment of Committees
22 All committees shall be appointed by the speaker,
23 unless otherwise especially directed by the house.
24 Rule 47
25 Order on Question of Commitment
26 When a resolution is offered or a motion made to
27 refer any subject, and different committees are
28 proposed, the question shall be taken in the following
29 order: The committee of the whole house; a standing
30 committee; a select committee.
Page 25
1 Rule 48
2 Study Bills
3 A study bill is any matter which a member of the
4 house wishes to have considered by a standing
5 committee, other than appropriations, and which has
6 not been included in a previously introduced bill.
7 Upon taking possession of a study bill, the committee
8 chair shall notify the speaker and then submit fifteen
9 copies of the bill to the legal counsel's office for
10 numbering.
11 A study bill shall bear the name of the member who
12 wishes to have the bill considered. a study bill
13 submitted by a state agency or board for consideration
14 shall bear the name of the state agency or board. A
15 committee chair may submit a study bill in the name of
16 that committee.
17 Final committee action on a study bill shall not be
18 taken until one day following the notation of the
19 study bill assignment in the house journal.
20 A study bill not prepared by the legislative
21 service bureau may be submitted to a standing
22 committee, but shall not be considered by the full
23 committee unless reviewed and typed in proper form by
24 the legislative service bureau.
25 Rule 49
26 Committee Meetings
27 No committee, except a conference committee or the
28 administrative rules review committee, shall meet
29 while the house is in session without special leave.
30 Rule 50
Page 26
1 Smoking Prohibited
2 Smoking shall not be permitted in the house or in
3 any area of the capitol building controlled by the
4 house or controlled jointly by the house and senate.
5 Rule 50A
6 Nondegradable Polystyrene Cups
7 The use of nondegradable polystyrene cups shall not
8 be permitted on the floor of the house, at the
9 speaker's station, or in the press boxes.
10 Rule 51
11 Assignments to Subcommittee
12 The chair of the committee shall report to the
13 house the bill number of each bill assigned to
14 subcommittee and the names of the subcommittee
15 members. The report shall be printed in the journal.
16 All bills, prior to consideration by the committee,
17 shall be referred by the chair to a subcommittee,
18 unless acted upon by a committee of the whole.
19 The chair may assign bills to subcommittees without
20 a meeting of the committee, but the membership of the
21 subcommittee so appointed shall be reported at the
22 next meeting of the committee.
23 Rule 52
24 Open Meetings
25 Standing committee meetings shall be open, and
26 voting by secret ballot is prohibited. The committee
27 on administration and rules may close its meetings to
28 evaluate the professional competency of an individual
29 whose appointment, hiring, performance, or discharge
30 is being considered when necessary to prevent needless
Page 27
1 and irreparable injury to that individual's reputation
2 on the request of the affected individual.
3 Rule 53
4 Quorum and Vote Requirements
5 The committee roll shall be taken at the convening
6 of each meeting to determine the presence of a quorum.
7 a majority of the committee membership shall
8 constitute a quorum.
9 An affirmative vote of a majority of the committee
10 membership is required to report a bill out of
11 committee or to suspend a committee rule.
12 A motion to reconsider may be made only by a
13 committee member who voted on the prevailing side of
14 the question sought to be reconsidered. a motion to
15 reconsider may only be made provided the bill is still
16 in possession of the committee.
17 If a member, who is in the committee room when a
18 question to report a bill out of committee is put, has
19 not asked to be excused prior to commencing to take
20 the vote on the question, the member shall vote aye or
21 nay unless the committee has excused the member for
22 special reasons. However, a member may pass on the
23 first taking of the roll call on the question but
24 shall vote aye or nay when the member's name is called
25 for a second time.
26 Rule 54
27 Committee Attendance Record and Report
28 of Committee Form
29 1. A committee attendance record shall be filed
30 with the chief clerk no later than 10:00 a.m. or two
Page 28
1 hours after the house convenes, whichever is later, of
2 the legislative day immediately following the day of
3 the committee meeting. The committee attendance
4 record is a public record and may be published in the
5 journal. The committee attendance record shall
6 include the following information:
7 a. The time the meeting convened.
8 b. The members present at the meeting.
9 c. The time the meeting adjourned.
10 d. A list of bills receiving final committee
11 disposition.
12 2. A report of committee form shall be filed with
13 the chief clerk no later than 10:00 a.m. or two hours
14 after the house convenes, whichever is later, of the
15 legislative day immediately following the day of the
16 committee meeting for each study bill, numbered bill
17 or resolution receiving final committee disposition.
18 The report of committee form is a public record and a
19 report of committee action shall be printed in the
20 journal. The report of committee form shall include
21 the following information:
22 a. The committee action taken.
23 b. The committee amendment number, if any.
24 c. The roll call vote of the committee on final
25 disposition.
26 d. The minority recommendation, if any.
27 3. Upon final adjournment of the first session and
28 final adjournment of the second session of the general
29 assembly, the chair of each committee shall have
30 placed the committee's book of record containing
Page 29
1 minutes, roll calls, rules, etc., with the chief clerk
2 for access of any interested person.
3 Rule 55
4 Minority Recommendation
5 The minority of the members of a committee may
6 present its recommendations on the final disposition
7 of a bill to the house by attaching its recommendation
8 to the committee report and the same shall be printed
9 in the journal with the committee report.
10 Rule 56
11 Committee Amendment
12 Whenever a committee amendment is proposed which
13 would amend another committee amendment, the amendment
14 shall be drafted in the form of a substitute amendment
15 and shall be considered as such.
16 Rule 57
17 Committee Notice and Agenda
18 Each committee shall prepare and publish a notice
19 and agenda of each committee meeting at least one
20 legislative day prior to the meeting. The notice and
21 agenda may be placed on the desks of or transmitted
22 electronically to committee members.
23 The notice shall contain the committee name, the
24 date, time, and location of the meeting.
25 The agenda shall contain the matters to be
26 discussed, including a list of bills, joint
27 resolutions, nullification resolutions, and study
28 bills by number. The agenda should contain the names
29 of individuals who are scheduled to appear before the
30 committee and the organization which they represent.
Page 30
1 A bill, joint resolution, nullification resolution,
2 or study bill shall not be reported out of committee
3 if the bill was not included in the published notice
4 and agenda unless this rule is suspended by a majority
5 of the total membership of the committee.
6 A committee chair may call a meeting without
7 providing the required notice and agenda upon leave of
8 the house if a notice is placed on the desks of either
9 electronically transmitted to committee members and
10 placed on the bulletin board or placed on the desks of
11 committee members.
12 Rule 58
13 Clearing of Committee Room
14 The chair of a committee may clear the committee
15 room in case of any disturbance or disorderly conduct.
16 Rule 58A
17 Use of Telephonic or Electronic Devices
18 in Committee Rooms Restricted
19 1. In order to prevent the disruption of committee
20 deliberations, a person shall not do any of the
21 following in any committee room while a standing
22 committee is in session:
23 a. Allow any audible signal to be continued to be
24 transmitted to or from a telephonic or electronic
25 device under the person's control.
26 b. Use a telephonic or electronic device to
27 audibly transmit or receive communications.
28 2. The chair or acting chair of a standing
29 committee may clear the committee room of any person
30 acting in violation of this rule.
Page 31
1 Rule 59
2 Committee Amendments
3 All amendments to a bill or resolution adopted in
4 committee shall be incorporated in a single committee
5 amendment or incorporated in a new committee bill.
6 Rule 60
7 Withdrawal of Bills
8 or Nullification Resolutions
9 From Committee
10 A bill or nullification resolution which has been
11 in committee for eighteen legislative days following
12 notation of such referral in the journal may be
13 withdrawn from the committee and placed on the
14 calendar by an affirmative vote of not less than
15 fifty-one members of the house.
16 Rule 61
17 Committee Public Hearings
18 The chair of a committee may call a public hearing
19 for the purpose of receiving public comment on any
20 matter within the purview of the committee.
21 The chair shall call a public hearing upon the
22 written request of committee members according to
23 committee rules, but no more than one-third of the
24 committee members shall be required.
25 A public hearing shall not be called or requested
26 after final action on the bill has been taken by the
27 committee. However, a public hearing called or
28 requested before final action has been taken by the
29 committee may be held after final action on the bill
30 has been taken by the committee.
Page 32
1 The chair shall designate a time and place for a
2 public hearing and provide public notice at least five
3 days prior to a public hearing.
4 A bill for which a public hearing has been called
5 can be voted to the calendar but cannot be debated
6 until after the public hearing has been held.
7 However, public hearings which have been requested
8 during or after the 9th week of the first session and
9 during or after the 7th week of the second session
10 must be held within four legislative days of the date
11 of the request.
12 Rule 62
13 Limitation on Filing of Claims
14 A claim or claim bill, the subject matter of which
15 has been considered or filed for consideration in the
16 house or any of its committees, in two or more prior
17 sessions of the general assembly, shall not be
18 considered by any committee or by the house unless it
19 has been specifically referred to this session by a
20 prior general assembly. The committee on
21 appropriations is authorized to set a definite date
22 after which it will not receive claims or claim bills
23 for consideration.
24 DIVISION VI - COMMITTEE OF THE WHOLE
25 Rule 63
26 Organization of Committee of the Whole
27 In forming the committee of the whole house, the
28 speaker shall appoint a member to preside in committee
29 and then leave the chair.
30 Rule 64
Page 33
1 Rules in Committee of the Whole
2 The rules of the house shall be observed in
3 committee of the whole house, so far as they are
4 applicable.
5 Rule 65
6 Bills in Committee of the Whole
7 Bills committed to the committee of the whole house
8 shall first be read in their entirety by the chief
9 clerk or chair and then read again or debated by
10 section, leaving the preamble to be considered last.
11 After report, the bill shall again be subject to
12 debate and amendment before a vote is had on its last
13 reading and passage.
14 Rule 66
15 Amendments by Committee of the Whole
16 All amendments made to a report committed to a
17 committee of the whole house shall be noted and
18 reported as in the case of bills.
19 DIVISION VII - MOTIONS
20 Rule 67
21 Order and Precedence of Motions
22 The following order and precedence of motions shall
23 govern when a question is under debate:
24 11. Adjourn.
25 10. Recess.
26 9. Questions of privilege.
27 8. Lay on the table.
28 7. Previous question.
29 6. Postpone definitely or to a certain time.
30 5. Refer or commit.
Page 34
1 4. Defer.
2 3. Amend an amendment.
3 2. Amend.
4 1. Postpone indefinitely.
5 These motions are listed in descending order of
6 precedence.
7 A motion to postpone definitely or to a certain time, to
8 refer or commit, or to postpone indefinitely a particular
9 question shall not be considered more than once on the same day.
10 Adoption of a motion to strike the enacting words is equivalent
11 to rejection of the question.
12 Rule 68
13 Order of Consideration of Amendments
14 Amendments shall be considered by earliest position
15 in the bill. Amendments to the same place in the bill
16 shall be considered by the lowest amendment number.
17 An amendment which inserts language after a line and
18 an amendment which inserts language before the
19 succeeding line shall be considered amendments to the
20 same place in the bill.
21 However, an amendment to strike the enacting clause
22 shall always be considered first. An amendment filed
23 by a committee shall have the next highest order of
24 priority, followed by an amendment to strike
25 everything after the enacting clause and insert new
26 language. An amendment to strike language or to
27 strike and insert new language, except an amendment to
28 strike everything after the enacting clause and insert
29 new language, shall not be considered before
30 amendments to perfect all or part of the same portion
Page 35
1 of the bill.
2 Rule 69
3 Motions Not Debatable
4 The motions to lay on the table, to adjourn, to
5 adjourn to a time certain, for the previous question,
6 to defer, to rerefer, and appeals of a ruling of the
7 presiding officer shall be decided without debate.
8 Rule 70
9 Motion to Adjourn
10 A motion to adjourn shall always be in order,
11 except when a member is speaking or the house is
12 voting.
13 Rule 71
14 Withdrawal of Motions
15 After a motion is stated by the speaker, or read by
16 the chief clerk, it shall be deemed to be in
17 possession of the house, but may be withdrawn by leave
18 of the house.
19 Rule 72
20 Referral and Rereferral
21 Motions and reports may be referred and rereferred
22 at the pleasure of the house.
23 Rule 73
24 Reconsideration
25 1. A motion to reconsider may be made only by a
26 member who voted on the prevailing side of the
27 question sought to be reconsidered.
28 2. A motion to reconsider may be made not later
29 than adjournment on the day following the day of the
30 action sought to be reconsidered. Where the floor
Page 36
1 manager voted on the prevailing side, the floor
2 manager has the prior right to make the motion, until
3 adjournment on the day of the action sought to be
4 reconsidered. a motion to reconsider a nullification
5 resolution shall be acted upon not later than
6 adjournment on the legislative day following the day
7 of the action sought to be reconsidered.
8 3. A motion to reconsider made following the
9 ninety-seventh calendar day of the first regular
10 session, or the eighty-seventh calendar day of the
11 second regular session, may be taken up when made. A
12 motion made at any other time may be taken up prior to
13 the third day succeeding the day of the action sought
14 to be reconsidered only if called up by the mover, and
15 after the second day succeeding the day of the action
16 sought to be reconsidered if called up by any member.
17 4. The making of a motion to reconsider takes
18 precedence over all other questions.
19 5. No motion to reconsider passage, adoption or
20 failure of any bill, nullification resolution or joint
21 resolution shall prevail unless it obtains a
22 constitutional majority. When passage, adoption or
23 failure is reconsidered, questions on amendments may
24 also be reconsidered and shall be disposed of
25 immediately.
26 6. A motion that the motion to reconsider be laid
27 on the table is in order. The effect of laying the
28 motion to reconsider on the table is to cause the bill
29 or joint resolution to proceed on its regular course
30 immediately.
Page 37
1 7. In the event that a motion to reconsider is
2 pending at the end of the first session or any
3 extraordinary session of any general assembly, or the
4 general assembly adjourns sine die, and the motion to
5 reconsider has not been voted upon by the house, the
6 motion shall be determined to have failed.
7 DIVISION VIII - VOTING
8 Rule 74
9 Manner of Voting
10 Members present may cast their votes, either by
11 operating the voting mechanism located at their
12 assigned desk or by signaling the speaker from the
13 floor of the house or from the south visitors' gallery
14 if they are unable to vote at their assigned desk.
15 The speaker shall enter the votes of members signaling
16 their votes. Upon direction of the speaker or upon
17 request of two members during the taking of the vote
18 of the house on any question, only those members at
19 their desks and voting shall be counted. Members who
20 are not present shall not cast their votes except:
21 1. Members who have not voted may record their
22 votes on any record roll call vote except quorum calls
23 within ten minutes after the vote has been announced,
24 providing the vote does not change the outcome of the
25 vote on that question. a member may request
26 announcement of the names of members so recorded after
27 the ten-minute period.
28 2. Members meeting in a conference committee or in
29 administrative rules review committee at the time a
30 vote is taken on a question may have their vote
Page 38
1 recorded within thirty minutes or adjournment,
2 whichever is first of that same legislative day,
3 providing the vote does not change the outcome of the
4 vote on that question.
5 Rule 75
6 Duty of Voting
7 Except as limited in Rule 74, every member who is
8 in the house when a question is put shall vote unless
9 the house has excused that member for special reasons;
10 however, such member must have asked to be excused
11 prior to commencing to take the vote on the main
12 question.
13 Rule 76
14 Limitation on Right to Vote
15 No member shall vote on any question in which that
16 person is financially interested.
17 Rule 77
18 Call of the House
19 Upon written request of five members, the presiding
20 officer shall compel attendance of absent and
21 unexcused members for the consideration of specified
22 bills or resolutions.
23 A call of the house shall specify the propositions
24 to which it is to apply, and must be put into effect
25 before roll call is taken on the proposition. The
26 request may be filed at any time before final action
27 upon the propositions with the chief clerk, who shall
28 notify the house immediately.
29 Rule 78
30 Method of Calling the House
Page 39
1 Upon a call of the house, the names of the members
2 shall be called by the chief clerk and the absentees
3 noted, after which the names of the absentees shall
4 again be called. The sergeant-at-arms shall be
5 directed by the speaker to compel the attendance of
6 absent members, unless they are previously excused.
7 Any member occupying the member's seat during a call
8 of the house shall be counted by the speaker and that
9 person's name entered in the journal as being present
10 for the purpose of making a quorum.
11 Rule 79
12 Method of Calling the Roll
13 The electrical voting machine shall be used for a
14 call of the house, a quorum call or a roll call vote
15 on any question. If the electrical voting machine is
16 not in operating order when it is necessary to take a
17 record roll call vote, the presiding officer shall
18 order the vote to be taken by calling the roll in
19 alphabetical order, except the name of the presiding
20 officer shall be called last.
21 During the casting of the vote with the voting
22 machine, the individual votes and the vote totals
23 shall be shown on the display boards. Before the
24 voting machine is closed, the presiding officer shall
25 inquire of the house, "Have you all voted?"
26 Rule 80
27 Quorum and Record Roll Call Votes
28 A majority of the members shall constitute a
29 quorum.
30 A record roll call vote shall be ordered upon
Page 40
1 request of any two members. The names of the members
2 requesting the record roll call shall be entered in
3 the journal.
4 Rule 81
5 Previous Question
6 When a member moves for a previous question, that
7 member shall state whether the motion will apply to
8 the main question, to all the amendments, or to
9 particular amendments. The motion requires an
10 affirmative vote of at least a constitutional majority
11 of the members. If the motion for a previous question
12 is not adopted, the house shall proceed in the same
13 manner as before the motion was made.
14 If the motion is adopted, all debate must end and
15 the house will vote upon the question except:
16 1. If the motion applies to the main question, the
17 member in charge of the measure will have ten minutes
18 to speak for the purpose of closing discussion before
19 the vote on the measure is taken.
20 2. If the motion applies to an amendment, the
21 member proposing the amendment will have five minutes
22 to speak for the purpose of closing discussion before
23 the vote on the amendment is taken.
24 3. If a member has filed a written request with
25 the chief clerk of the house indicating the member's
26 desire to speak on a particular question. The request
27 must be filed before the motion is made by the movant.
28 The request allows a member to speak on a particular
29 question before the closing discussion by the member
30 who is in charge of the measure or who is proposing
Page 41
1 the amendment.
2 Rule 82
3 Division of the Question
4 Any member may call for a division of the question,
5 which shall be divided if it comprehends questions so
6 distinct that one being taken away, the remainder may
7 stand separately for discussion by the house. A
8 motion to strike out being lost shall not preclude
9 either an amendment or a motion to strike out and
10 insert. a motion to strike out and insert shall be
11 deemed indivisible.
The motion prevailed and the resolution was adopted.
The House stood at ease at 1:08 p.m., until the fall of the gavel.
The House resumed session at 1:35 p.m., Klemme of Plymouth in
the chair.
SPECIAL PRESENTATION
Lukan of Dubuque introduced to the House the Honorable Jim
Nussle, U.S. Congressman representing the first congressional
district in Iowa.
The House rose and expressed its welcome.
SENATE MESSAGE CONSIDERED
Senate File 36, by committee on appropriations, a bill for an act
supplementing appropriations made for the fiscal year beginning July
1, 2002, to the departments of human services, corrections, and public
safety, and to the state public defender and the public broadcasting
division of the department of education, and providing effective date
and applicability provisions.
Read first time and referred to committee on appropriations.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 4
Roberts of Carroll called up for consideration House
Concurrent Resolution 4 as follows:
1 HOUSE CONCURRENT RESOLUTION 4
2 BY COMMITTEE ON ADMINISTRATION AND RULES
3 (SUCCESSOR TO HSB 1)
4 A Concurrent Resolution relating to joint rules of
5 the Senate and House of Representatives for the
6 Eightieth General Assembly.
7 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE
8 SENATE CONCURRING, That the joint rules of the Senate
9 and House of Representatives for the Seventy-ninth
10 Eightieth General Assembly shall be:
11 JOINT RULES OF THE
12 SENATE AND HOUSE
13 Rule 1
14 Suspension of Joint Rules
15 The joint rules of the general assembly may be
16 suspended by concurrent resolution, duly adopted by a
17 constitutional majority of the senate and the house.
18 Rule 2
19 Designation of Sessions
20 Each regular session of a general assembly shall be
21 designated by the year in which such regular session
22 commences.
23 Rule 3
24 Sessions of a General Assembly
25 The election of officers, organization, hiring and
26 compensation of employees, and standing committees in
27 each house of the general assembly and action taken by
28 each house shall carry over from the first to the
29 second regular session and to any extraordinary
30 session of the same general assembly. The status of
Page 2
1 each bill and resolution shall be the same at the
2 beginning of each second session as it was immediately
3 before adjournment of the previous regular or
4 extraordinary session; however the rules of either
5 house may provide for re-referral of some or all bills
6 and resolutions to standing committees upon
7 adjournment of each session or at the beginning of a
8 subsequent regular or extraordinary session, except
9 those which have been adopted by both houses in
10 different forms.
11 Upon final adoption of a concurrent resolution at
12 any extraordinary session affecting that session, or
13 at a regular session affecting any extraordinary
14 session which may be held before the next regular
15 session, the creation of any calendar by either house
16 shall be suspended and the business of the session
17 shall consist solely of those bills or subject matters
18 stated in the resolution adopted. Bills named in the
19 resolution, or bills containing the subject matter
20 provided for in the resolution, may, at any time, be
21 called up for debate in either house by the majority
22 leader of that house.
23 Rule 3A
24 International Relations Protocol
25 The senate and the house of representatives shall
26 comply with the international relations protocol
27 policy adopted by the international relations
28 committee of the legislative council.
29 Rule 4
30 Presentation of Messages
Page 3
1 All messages between the two houses shall be sent
2 by the secretary of the senate or the chief clerk of
3 the house of representatives, shall be communicated to
4 the presiding officer.
5 Rule 5
6 Printing and Form of Bills
7 and Other Documents
8 Bills and joint resolutions shall be introduced,
9 numbered, prepared, and printed as provided by law, or
10 in the absence of such law, in a manner determined by
11 the secretary of the senate and the chief clerk of the
12 house of representatives. Proposed bills and
13 resolutions which are not introduced but are referred
14 to committee shall be tracked in the legislative
15 computer system as are introduced bills and
16 resolutions. The referral of proposed bills and
17 resolutions to committee shall be entered in the
18 journal.
19 All bills and joint resolutions introduced shall be
20 in a form and number approved by the secretary of the
21 senate and chief clerk of the house.
22 The legal counsel's office of each house shall
23 approve all bills before introduction.
24 Rule 6
25 Companion Bills
26 Identical bills introduced in each house shall be
27 called companion bills. Each house shall designate
28 the sponsor in the usual way followed in parentheses
29 by the sponsor of the companion bill in the other
30 house. The house where the bill is first introduced
Page 4
1 shall print the complete text.
2 Rule 7
3 Reprinting of Bills
4 Whenever any bill has been substantially amended by
5 either house, the secretary of the senate or the chief
6 clerk of the house shall order the bill reprinted on
7 paper of a different color. All adopted amendments
8 shall be distinguishable.
9 The secretary of the senate or the chief clerk of
10 the house may order the printing of a reasonable
11 number of additional copies of any bill, resolution,
12 amendment, or journal.
13 Rule 8
14 Daily Clip Sheet
15 The secretary of the senate and the chief clerk of
16 the house shall prepare a daily clip sheet covering
17 all amendments filed.
18 Rule 9
19 Reintroduction of Bills and Other Measures
20 A bill or resolution which has passed one house and
21 is rejected in the other shall not be introduced again
22 during that general assembly.
23 Rule 10
24 Certification of Bills and Other Enrollments
25 When any bill or resolution which has passed one
26 house is rejected or adopted in the other, notice of
27 such action and the date thereof shall be given to the
28 house of origin in writing signed by the secretary of
29 the senate or the chief clerk of the house.
30 Rule 11
Page 5
1 Code Editor's Correction Bills
2 A bill recommended by the Code editor which is
3 passed out of committee to the floor for debate by a
4 committee of the house or senate within the first four
5 weeks of convening of a legislative session and which
6 contains Code corrections of a nonsubstantive nature
7 shall not be amended on the floor of either house
8 except pursuant to corrective or nonsubstantive
9 amendments filed by the judiciary committee of the
10 senate or the house. Such committee amendments,
11 whether filed at the time of initial committee passage
12 of the bill to the floor for debate or after
13 rereferral to the committee, shall not be incorporated
14 into the bill in the originating house but shall be
15 filed separately. Amendments filed from the floor to
16 strike sections of the bill or the committee
17 amendments shall be in order. Following amendment and
18 passage by the second house, only amendments filed
19 from the floor which strike sections of the amendment
20 of the second house shall be in order.
21 A bill recommended by the Code editor which is
22 passed out of committee to the floor for debate by a
23 committee of the house or senate within the first four
24 weeks of convening of a legislative session and which
25 contains Code corrections beyond those of a
26 nonsubstantive nature shall not be amended on the
27 floor of either house except pursuant to amendments
28 filed by the judiciary committee of the senate or the
29 house. Such committee amendments, whether filed at
30 the time of initial committee passage of the bill to
Page 6
1 the floor for debate or after rereferral to the
2 committee, shall not be incorporated into the bill in
3 the originating house but shall be filed separately.
4 Such a bill shall be limited to corrections which:
5 Adjust language to reflect current practices, insert
6 earlier omissions, delete redundancies and
7 inaccuracies, delete temporary language, resolve
8 inconsistencies and conflicts, update ongoing
9 provisions, and remove ambiguities. Amendments filed
10 from the floor to strike sections of the bill or the
11 committee amendments shall be in order. Following
12 amendment and passage by the second house, only
13 amendments filed from the floor which strike sections
14 of the amendment of the second house shall be in
15 order.
16 Rule 12
17 Amendments by Other House
18 1. When a bill which originated in one house is
19 amended in the other house, the house originating the
20 bill may amend the amendment, concur in full in the
21 amendment, or refuse to concur in full in the
22 amendment. Precedence of motions shall be in that
23 order. The amendment of the other house shall not be
24 ruled out of order based on a question of germaneness.
25 a. If the house originating the bill concurs in
26 the amendment, the bill shall then be immediately
27 placed upon its final passage.
28 b. If the house originating the bill refuses to
29 concur in the amendment, the bill shall be returned to
30 the amending house which shall either:
Page 7
1 (1) Recede, after which the bill shall be read for
2 the last time and immediately placed upon its final
3 passage; or
4 (2) Insist, which will send the bill to a
5 conference committee.
6 c. If the house originating the bill amends the
7 amendment, that house shall concur in the amendment as
8 amended and the bill shall be immediately placed on
9 final passage, and shall be returned to the other
10 house. The other house cannot further amend the bill.
11 (1) If the amending house which gave second
12 consideration to the bill concurs in the amendment to
13 the amendment, the bill shall then be immediately
14 placed upon its final passage.
15 (2) If the amending house refuses to concur in the
16 amendment to the amendment, the bill shall be returned
17 to the house originating the bill which shall either:
18 (a) Recede, after which the bill shall be read for
19 the last time as amended and immediately placed upon
20 its final passage; or
21 (b) Insist, which will send the bill to a
22 conference committee.
23 2. A motion to recede has precedence over a motion
24 to insist. Failure to recede means to insist; and
25 failure to insist means to recede.
26 3. A motion to lay on the table or to indefinitely
27 postpone shall be out of order with respect to motions
28 to recede from or insist upon and to amendments to
29 bills which have passed both houses.
30 4. A motion to concur, refuse to concur, recede,
Page 8
1 insist, or adopt a conference committee report is in
2 order even though the subject matter has previously
3 been acted upon.
4 Rule 13
5 Conference Committee
6 1. Within one legislative day after either house
7 insists upon an amendment to a bill, the presiding
8 officer of the house, after consultation with the
9 majority leader, shall appoint three majority party
10 members and, after consultation with the minority
11 leader, shall appoint two minority party members to a
12 conference committee. The majority leader of the
13 senate, after consultation with the president, shall
14 appoint three majority party members and, after
15 consultation with and approval by the minority leader,
16 shall appoint two minority party members to a
17 conference committee. The papers shall remain with
18 the house that originated the bill.
19 2. The conference committee shall meet before the
20 end of the next legislative day after their
21 appointment, shall select a chair and shall discuss
22 the controversy.
23 3. The authority of the first conference committee
24 shall cover only issues related to provisions of the
25 bill and amendments to the bill which were adopted by
26 either the senate or the house of representatives and
27 on which the senate and house of representatives
28 differed. If a conference committee report is not
29 acted upon because such action would violate this
30 subsection of this rule, the inaction on the report
Page 9
1 shall constitute refusal to adopt the conference
2 committee report and shall have the same effect as if
3 the conference committee had disagreed.
4 4. An agreement on recommendations must be
5 approved by at least three members from each house.
6 The committee shall submit two originals of the report
7 signed by at least three members of each house with
8 one signed original and three copies to be submitted
9 to each house. The report shall first be acted upon
10 in the house originating the bill. Such action,
11 including all papers, shall be immediately referred by
12 the secretary of the senate or the chief clerk of the
13 house of representatives to the other house.
14 5. The report of agreement is debatable, but
15 cannot be amended. If the report contains recommended
16 amendments to the bill, adoption of the report shall
17 automatically adopt all amendments contained therein.
18 After the report is adopted, there shall be no more
19 debate, and the bill shall immediately be placed upon
20 its final passage.
21 6. Refusal of either house to adopt the conference
22 committee report has the same effect as if the
23 committee had disagreed.
24 7. If the conference committee fails to reach
25 agreement, a report of such failure signed by at least
26 three members of each house shall be given promptly to
27 each house. The bill shall be returned to the house
28 that originated the bill, the members of the committee
29 shall be immediately discharged, and a new conference
30 committee appointed in the same manner as the first
Page 10
1 conference committee.
2 8. The authority of a second or subsequent
3 conference committee shall cover free conference
4 during which the committee has authority to propose
5 amendments to any portion of a bill provided the
6 amendment is within the subject matter content of the
7 bill as passed by the house of origin or as amended by
8 the second house.
9 Rule 14
10 Enrollment and Authentication of Bills
11 A bill or resolution which has passed both houses
12 shall be enrolled in the house of origin under the
13 direction of either the secretary or the chief clerk
14 and its house of origin shall be certified by the
15 endorsement of the secretary of the senate or the
16 chief clerk of the house.
17 After enrollment, each bill shall be signed by the
18 president of the senate and by the speaker of the
19 house.
20 Rule 15
21 Concerning Other Enrollments
22 All resolutions and other matters which are to be
23 presented to the governor for approval shall be
24 enrolled, signed, and presented in the same manner as
25 bills.
26 All resolutions and other matters which are not to
27 be presented to the governor or the secretary of state
28 shall be enrolled, signed, and retained permanently by
29 the secretary of the senate or chief clerk of the
30 house.
Page 11
1 Rule 16
2 Transmission of Bills to the Governor
3 After a bill has been signed in each house, it
4 shall be presented by the house of origin to the
5 governor by either the secretary of the senate or the
6 chief clerk of the house. The secretary or the chief
7 clerk shall report the date of the presentation, which
8 shall be entered upon the journal of the house of
9 origin.
10 Rule 17
11 Fiscal Notes
12 A fiscal note shall be attached to any bill or
13 joint resolution which reasonably could have an annual
14 effect of at least one hundred thousand dollars or a
15 combined total effect within five years after
16 enactment of five hundred thousand dollars or more on
17 the aggregate revenues, expenditures, or fiscal
18 liability of the state or its subdivisions. This rule
19 does not apply to appropriation and ways and means
20 measures where the total effect is stated in dollar
21 amounts.
22 Each fiscal note shall state in dollars the
23 estimated effect of the bill on the revenues,
24 expenditures, and fiscal liability of the state or its
25 subdivisions during the first five years after
26 enactment. The information shall specifically note
27 the fiscal impact for the first two years following
28 enactment and the anticipated impact for the
29 succeeding three years. The fiscal note shall specify
30 the source of the information. Sources of funds for
Page 12
1 expenditures under the bill shall be stated, including
2 federal funds. If the fiscal director cannot make an
3 accurate estimate, the director shall state the best
4 available estimate or shall state that no dollar
5 estimate can be made and state concisely the reason.
6 The preliminary determination of whether the bill
7 appears to require a fiscal note shall be made by the
8 legislative service bureau which shall send a copy of
9 the request to the legislative fiscal bureau unless
10 the requestor specifies the request is to be
11 confidential. Upon completion of the bill draft, the
12 legislative service bureau shall immediately send a
13 copy to the legislative fiscal director for review.
14 When a committee reports a bill to the floor, the
15 committee shall state in the report whether a fiscal
16 note is or is not required.
17 The legislative fiscal director shall review all
18 bills placed on the senate or house calendars to
19 determine whether the bills are subject to this rule.
20 Additionally, a legislator may request the
21 preparation of a fiscal note by the legislative fiscal
22 bureau for any bill or joint resolution introduced
23 which reasonably could be subject to this rule.
24 The legislative fiscal director shall cause to be
25 prepared and shall approve a fiscal note within a
26 reasonable time after receiving a request or
27 determining that a bill is subject to this rule. All
28 fiscal notes approved by the legislative fiscal bureau
29 director shall be transmitted immediately to the
30 secretary of the senate or the chief clerk of the
Page 13
1 house, after notifying the sponsor of the bill that a
2 fiscal note has been prepared, for publication in the
3 daily clip sheet. The secretary of the senate or
4 chief clerk of the house shall attach the fiscal note
5 to the bill as soon as it is available.
6 The legislative fiscal director may request the
7 cooperation of any state department or agency in
8 preparing a fiscal note.
9 A revised fiscal note may be requested by a
10 legislator if the fiscal effect of the bill has been
11 changed by adoption of an amendment. However, a
12 request for a revised fiscal note shall not delay
13 action on a bill unless so ordered by the presiding
14 officer of the house in which the bill is under
15 consideration.
16 If a date for adjournment has been set, then a
17 constitutional majority of the house in which the bill
18 is under consideration may waive the fiscal note
19 requirement during the three days prior to the date
20 set for adjournment.
21 Rule 18
22 Legislative Interns
23 Legislators may arrange student internships during
24 the legislative session with Iowa college, university,
25 or law school students, for which the students may
26 receive college credit at the discretion of their
27 schools. Each legislator is allowed only one intern
28 at a time per legislative session, and all interns
29 must be registered with the offices of the secretary
30 of the senate and the chief clerk of the house.
Page 14
1 The purpose of the legislative intern program shall
2 be: to provide useful staff services to legislators
3 not otherwise provided by the general assembly; to
4 give interested college, graduate, and law school
5 students practical experience in the legislative
6 process as well as providing a meaningful educational
7 experience; and to enrich the curriculum of
8 participating colleges and universities.
9 The secretary of the senate and the chief clerk of
10 the house or their designees shall have the following
11 responsibilities as regards the legislative intern
12 program:
13 1. Identify a supervising faculty member at each
14 participating institution who shall be responsible for
15 authorizing students to participate in the intern
16 program.
17 2. Provide legislators with a list of
18 participating institutions and the names of
19 supervising professors to contact if interested in
20 arranging for an intern.
21 3. Provide interns with name badges which will
22 allow them access to the floor of either house when
23 required to be present by the legislators for whom
24 they work.
25 4. Provide orientation materials to interns prior
26 to the convening of each session.
27 Rule 19
28 Administrative Rules Review Committee Bills
29 and Rule Referrals
30 A bill which relates to departmental rules and
Page 15
1 which is approved by the administrative rules review
2 committee by a majority of the committee's members of
3 each house is eligible for introduction in either
4 house at any time and must be referred to a standing
5 committee, which must take action on the bill within
6 three weeks of referral, except bills referred to
7 appropriations and ways and means committees.
8 If, on or after July 1, 1999, the administrative
9 rules review committee delays the effective date of a
10 rule until the adjournment of the next regular session
11 of the general assembly and the speaker of the house
12 or the president of the senate refers the rule to a
13 standing committee, the standing committee shall
14 review the rule within twenty-one days of the referral
15 and shall take formal committee action by sponsoring a
16 joint resolution to disapprove the rule, by proposing
17 legislation relating to the rule, or by refusing to
18 propose a joint resolution or legislation concerning
19 the rule. The standing committee shall inform the
20 administrative rules review committee of the committee
21 action taken concerning the rule.
22 Rule 20
23 Time of Committee Passage and Consideration of Bills
24 1. This rule does not apply to concurrent or
25 simple resolutions, joint resolutions nullifying
26 administrative rules, senate confirmations, bills
27 embodying redistricting plans prepared by the
28 legislative service bureau pursuant to chapter 42, or
29 bills passed by both houses in different forms.
30 Subsection 2 of this rule does not apply to
Page 16
1 appropriations bills, ways and means bills, legalizing
2 acts, administrative rules review committee bills,
3 bills sponsored by standing committees in response to
4 a referral from the president of the senate or the
5 speaker of the house of representatives relating to an
6 administrative rule whose effective date has been
7 delayed until the adjournment of the next regular
8 session of the general assembly by the administrative
9 rules review committee, bills cosponsored by majority
10 and minority floor leaders of one house, bills in
11 conference committee, and companion bills sponsored by
12 the majority floor leaders of both houses after
13 consultation with the respective minority floor
14 leaders. For the purposes of this rule, a joint
15 resolution is considered as a bill. To be considered
16 an appropriations or ways and means bill for the
17 purposes of this rule, the appropriations committee or
18 the ways and means committee must either be the
19 sponsor of the bill or the committee of first referral
20 in the originating house.
21 2. To be placed on the calendar in the house of
22 origin, a bill must be first reported out of a
23 standing committee by Friday of the 10th week of the
24 first session and the 8th week of the second session.
25 To be placed on the calendar in the other house, a
26 bill must be first reported out of a standing
27 committee by Friday of the 13th week of the first
28 session and the 11th week of the second session.
29 3. During the 11th week of the first session and
30 the 9th week of the second session, each house shall
Page 17
1 consider only bills originating in that house and
2 unfinished business. During the 14th week of the
3 first session and the 12th week of the second session,
4 each house shall consider only bills originating in
5 the other house and unfinished business. Beginning
6 with the 15th week of the first session and the 13th
7 week of the second session, each house shall consider
8 only bills passed by both houses, bills exempt from
9 subsection 2, and unfinished business.
10 4. A motion to reconsider filed and not disposed
11 of on an action taken on a bill or resolution which is
12 subject to a deadline under this rule may be called up
13 at any time before or after the day of the deadline by
14 the person filing the motion or after the deadline by
15 the majority floor leader, notwithstanding any other
16 rule to the contrary.
17 Rule 21
18 Resolutions
19 1. A "concurrent resolution" is a resolution to be
20 adopted by both houses of the general assembly which
21 expresses the sentiment of the general assembly or
22 deals with temporary legislative matters. It may
23 authorize the expenditure, for any legislative
24 purpose, of funds appropriated to the general
25 assembly. a concurrent resolution is not limited to,
26 but may provide for a joint convention of the general
27 assembly, adjournment or recess of the general
28 assembly, or requests to a state agency or to the
29 general assembly or a committee. a concurrent
30 resolution requires the affirmative vote of a majority
Page 18
1 of the senators or representatives present and voting
2 unless otherwise specified by statute. a concurrent
3 resolution does not require the governor's approval
4 unless otherwise specified by statute. a concurrent
5 resolution shall be filed with the secretary of the
6 senate or the chief clerk of the house. a concurrent
7 resolution shall be printed in the bound journal after
8 its adoption.
9 2. A "joint resolution" is a resolution which
10 requires for approval the affirmative vote of a
11 constitutional majority of each house of the general
12 assembly. a joint resolution which appropriates funds
13 or enacts temporary laws must contain the clause "Be
14 It Enacted by the General Assembly of the State of
15 Iowa:", is equivalent to a bill, and must be
16 transmitted to the governor for his approval. a joint
17 resolution which proposes amendments to the
18 Constitution of the State of Iowa, ratifies amendments
19 to the Constitution of the United States, proposes a
20 request to Congress or an agency of the government of
21 the United States of America, proposes to Congress an
22 amendment to the Constitution of the United States of
23 America, nullifies an administrative rule, or creates
24 a special commission or committee must contain the
25 clause "Be It Resolved by the General Assembly of the
26 State of Iowa:" and shall not be transmitted to the
27 governor. A joint resolution shall not amend a
28 statute in the Code of Iowa.
29 Rule 22
30 Nullification Resolutions
Page 19
1 A "nullification resolution" is a joint resolution
2 which nullifies all of an administrative rule, or a
3 severable item of an administrative rule adopted
4 pursuant to chapter 17a of the Code. A nullification
5 resolution shall not amend an administrative rule by
6 adding language or by inserting new language in lieu
7 of existing language.
8 A nullification resolution is debatable, but cannot
9 be amended on the floor of the house or senate. The
10 effective date of a nullification resolution shall be
11 stated in the resolution. Any motions filed to
12 reconsider adoption of a nullification resolution must
13 be disposed of within one legislative day of the
14 filing.
15 Rule 23
16 Consideration of Vetoes
17 1. The senate and house calendar shall include a
18 list known as the "Veto Calendar." The veto calendar
19 shall consist of:
20 a. Bills returned to that house by the governor in
21 accordance with Article III, section 16 of the
22 Constitution of the State of Iowa.
23 b. Appropriations items returned to that house by
24 the governor in accordance with Article III, section
25 16 of the Constitution of the State of Iowa.
26 c. Bills and appropriations items received from
27 the other house after that house has voted to override
28 a veto of them by the governor.
29 2. Vetoed bills and appropriations items shall
30 automatically be placed on the veto calendar upon
Page 20
1 receipt. Vetoed bills and appropriations items shall
2 not be referred to committee.
3 3. Upon first publication in the veto calendar,
4 the senate majority leader or the house majority
5 leader may call up a vetoed bill or appropriations
6 item at any time.
7 4. The affirmative vote of two-thirds of the
8 members of the body by record roll call is required on
9 a motion to override an executive veto or item veto.
10 5. a motion to override an executive veto or item
11 veto is debatable. a vetoed bill or appropriation
12 item cannot be amended in this case.
13 6. The vote by which a motion to override an
14 executive veto or item veto passes or fails to pass
15 either house is not subject to reconsideration under
16 senate rule 24 or house rule 73.
17 7. The secretary of the senate or the chief clerk
18 of the house shall immediately notify the other house
19 of the adoption or rejection of a motion to override
20 an executive veto or item veto.
21 8. All bills and appropriations items on the veto
22 calendar shall be disposed of before adjournment sine
23 die, unless the house having a bill or appropriation
24 item before it declines to do so by unanimous consent.
25 9. Bills and appropriations items on the veto
26 calendar are exempt from deadlines imposed by joint
27 rule 20.
28 Rule 24
29 Special Rules Regarding Redistricting for 2001
30 1. If, pursuant to chapter 42, either the senate
Page 21
1 or the house of representatives rejects a
2 redistricting plan submitted by the legislative
3 service bureau, the house rejecting the plan shall
4 convey the reasons for the rejection of the plan to
5 the legislative service bureau by resolution.
6 2. If, pursuant to chapter 42, the legislative
7 service bureau submits a third redistricting plan as
8 provided by law, the senate and the house of
9 representatives, when considering a bill embodying
10 plan III, shall be allowed to accept for filing as
11 amendments only such amendments which constitute the
12 total text of a congressional plan without striking a
13 legislative redistricting plan, the total text of a
14 legislative redistricting plan without striking a
15 congressional plan, or the combined total text of a
16 congressional plan and a legislative redistricting
17 plan, and nonsubstantive, technical corrections to the
18 text of any such bills or amendments.
Roberts of Carroll offered the following amendment H-1001 filed
by him and moved its adoption:
H-1001
1 Amend House Concurrent Resolution 4 as follows:
2 1. Page 16, line 1, by inserting after the words
3 "means bills," the following: "government oversight
4 bills,".
5 2. Page 16, by striking lines 16 through 18 and
6 inserting the following: "an appropriations, or ways
7 and means, or government oversight bill for the
8 purposes of this rule, the appropriations committee,
9 or the ways and means committee, or the government
10 oversight committee must either be the".
11 3. Page 16, line 23, by striking the figure
12 "10th" and inserting the following: "10th 9th".
Amendment H-1001 was adopted.
Roberts of Carroll moved the adoption of House Concurrent
Resolution 4, as amended.
The motion prevailed and the resolution, as amended, was
adopted.
IMMEDIATE MESSAGE
Jacobs of Polk asked and received unanimous consent that House
Concurrent Resolution 4 be immediately messaged to the Senate.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
BOARD OF REGENTS
Annual submittal of the Board of Regents Five-Year Capital Building Program for
Fiscal Year 2004 through Fiscal Year 2008, pursuant to Chapter 262A.3, Code of Iowa.
DEPARTMENT OF CORRECTIONS
Intermediate Criminal Sanctions Report, pursuant to Chapter 901B.1, Code of
Iowa.
DEPARTMENT OF ECONOMIC DEVELOPMENT
Report of funds received from the Iowa Seed Capital Liquidation Corporation for
Fiscal Year 2002, pursuant to Chapter 15.106(9), Code of Iowa.
DEPARTMENT OF EDUCATION
The Iowa Communications Network Usage Reports for Fiscal Year 2002, pursuant
to Chapter 8D.10, Code of Iowa.
DEPARTMENT OF ELDER AFFAIRS
2002 Annual Report of the Office of the Long Term Care Ombudsman, pursuant to
Chapter 321.8.4(3)e, Code of Iowa.
DEPARTMENT OF HUMAN SERVICES
Report of the Iowa TeleCare Consortium, pursuant to Chapters 1218.2 and
1228.2.1(b), Code of Iowa.
DEPARTMENT OF PUBLIC HEALTH
Adolescent Pregnancy Report, pursuant to Chapter 100(13)(d), Code of Iowa.
IOWA WORKFORCE DEVELOPMENT
Fiscal Year 2002 Annual Report, pursuant to Chapter 84A.5(d), Code of Iowa.
STATE LIBRARY OF IOWA
The Fiscal year 2002 - Iowa Communications Network Usage Annual Report,
pursuant to Chapter 8D.10, Code of Iowa.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
MARGARET A. THOMSON
Chief Clerk of the House
2003\66 Kevin Sandall, Charles City - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2003\67 Jean Clausen, Osage - For celebrating her 80th birthday.
2003\68 Ida Groth, Elma - For celebrating her 90th birthday.
2003\69 Elizabeth Popp, Osage - For celebrating her 99th birthday.
2003\70 Nick Hauser, Solon - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2003\71 Fred Lehman, Mt. Vernon - For celebrating his 80th birthday.
2003\72 Marvin and Ruth Knowler, Delta - For celebrating their 50th
wedding anniversary.
2003\73 Harold and Maxine Mohr, Brooklyn - For celebrating their 60th
wedding anniversary.
2003\74 Opal Mason, North English - For celebrating her 100th birthday.
2003\75 William and Leona Glandon, Williamsburg - For celebrating their
65th wedding anniversary.
2003\76 Clara Krukow, Hampton - For celebrating her 100th birthday.
2003\77 Ruth Tarr Seidel, Clear Lake - For celebrating her 95th birthday.
2003\78 Chris Frenz, Mason City - For winning the Iowa Farm Bureau
Excellence in Ag Reporting Award.
2003\79 Fern Snow Zinser, Clear Lake - For celebrating her 90th birthday.
2003\80 Marcella (Oswald) Lee, Clear Lake - For celebrating her 90th
birthday.
2003\81 Robert and Marlis Ames, Rockwell - For celebrating their 55th
wedding anniversary.
2003\82 Ann VanBlaricom, Rockwell - For celebrating her 90th birthday.
2003\83 Roger E. and Irene M. (Barker) Massee, Sheffield - For celebrating
their 64th wedding anniversary.
2003\84 B.L. Berge, Garner - For celebrating her 90th birthday.
2003\85 Charles Broghammer, West Union - For being named Citizen of the
Year.
2003\86 Jeanie Eglseder, Garnavillo - for celebrating her 80th birthday.
2003\87 Theresa Thompson, Elkader - For attaining the Girl Scout Gold
Award, the highest award in Girl Scouting.
2003\88 Beth Dennler, Elkader - For attaining the Girl Scout Gold Award,
the highest award in Girl Scouting.
2003\89 Elaine Landis, Elkader - For attaining the Girl Scout Gold Award,
the highest award in Girl Scouting.
2003\90 Erica McCorkindale, Elkader - For attaining the Girl Scout Gold
Award, the highest award in Girl Scouting.
2003\91 Melinda Jaster, Elkader - For attaining the Girl Scout Gold Award,
the highest award in Girl Scouting.
2003\92 Bill and Karleen Ferguson, Hartley - For celebrating their 50th
wedding anniversary.
2003\93 Swede Erickson, Peterson - For celebrating his 80th birthday.
2003\94 Arta Plender, Orange City - For celebrating her 90th birthday.
2003\95 Joel Hartman, Everly - For being named Outstanding Cattleman of
the Year.
2003\96 Eula Hungate, Everly - For celebrating her 95th birthday.
2003\97 Jeremy Ansel, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2003\98 Stephen Schwab, Dubuque - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2003\99 Dale and Sally Allee, Beacon - For celebrating their 50th wedding
anniversary.
2003\100 Gene Ferguson, Oskaloosa - For celebrating his 80th birthday.
2003\101 Charlotte Levgold, Oskaloosa - For celebrating her 80th birthday.
2003\102 Mr. and Mrs. Leland Robertson, Oskaloosa - For celebrating their
61st wedding anniversary.
2003\103 Irene Ford, Oskaloosa - For celebrating her 90th birthday.
2003\104 Merlin "Bud" and Coletta Schultz, Dubuque - For celebrating their
53rd wedding anniversary.
2003\105 Ove and Mildred Storla, Dubuque - For celebrating their 62nd
wedding anniversary.
2003\106 Karl Glaspie, North English - For being named 2002 Master Pork
Producer.
2003\107 Merrill and Clara Atwell, Chariton - For celebrating their 66th
wedding anniversary.
2003\108 Audrey M. Haven, Davenport - For celebrating her 100th birthday.
2003\109 Frieda M. Goldner, Davenport - For celebrating her 100th birthday.
2003\110 Don and Marge Karns, Anita - For celebrating their 50th wedding
anniversary.
2003\111 Colen Roberts, Panora - For celebrating his 95th birthday.
2003\112 Helen Moylan, Bayard - For celebrating her 87th birthday.
SUBCOMMITTEE ASSIGNMENTS
House File 14
Human Resources: Upmeyer, Chair; Freeman and H. Miller.
House File 17
Human Resources: Boddicker, Chair; Greimann and Roberts.
House File 18
Human Resources: Tymeson, Chair; Berry and Boddicker.
House File 19
Human Resources: Upmeyer, Chair; Freeman and Wendt.
House File 22
Human Resources: Boddicker, Chair; Carroll and Smith.
House File 27
Environmental Protection: Wilderdyke, Chair; Greimann and S. Olson.
House File 33
Natural Resources: Freeman, Chair; Lykam and J.R. Van Fossen.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT
House Study Bill 19
Natural Resources: Boggess, Chair; Baudler and Davitt.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 26 Judiciary
Eliminating the limitation on the reduction in damages awarded to
plaintiffs who fail to wear a safety belt or safety harness.
H.S.B. 27 Judiciary
Relating to recovery of prejudgment interest in relation to an offer to
confess judgment.
H.S.B. 28 Judiciary
Relating to the criminal offense of identity theft by making changes
in the elements of the offense.
H.S.B. 29 Judiciary
Providing that interest on weekly workers’ compensation payments is
paid at the same rate as for court judgments and decrees.
H.S.B. 30 Judiciary
Relating to the nondisclosure of certain information contained in
psychological test material.
H.S.B. 31 Commerce, Regulation and Labor
Relating to the definition and authorized activities of a licensed real
estate broker and making criminal penalties applicable.
HOUSE COMMITTEE APPOINTMENT
The Speaker announced the following appointment to the Human
Resources Standing Committee: Representative Lukan of Dubuque
replaces Representative Arnold of Lucas.
RESOLUTION FILED
HCR 5, by Alons, Boal, Rayhons, De Boef, Freeman, Baudler,
Maddox, Tymeson, Greiner, Heaton, Chambers, Eichhorn, Hoffman,
Raecker, J.K. Van Fossen, Dix, Huseman, Tjepkes, Boggess, Elgin,
Paulsen, Lalk, Lukan, Jenkins, Jacobs, Granzow, D. Hanson,
Rasmussen, Schickel, Upmeyer, Dolecheck, Hahn, J.R. Van Fossen,
Hutter, S. Olson, Sands, Dennis, Drake, Klemme, Kramer,
Kurtenbach, and Arnold, a concurrent resolution to recognize
February 6 as Ronald Reagan Day in the State of Iowa.
Laid over under Rule 25.
On motion by Jacobs of Polk the House adjourned at 1:44 p.m.,
until 8:45 a.m., Thursday, January 23, 2003.
© 2003 Cornell College and
League of Women Voters of Iowa
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