Senate Resolution 5 - Introduced SENATE RESOLUTION NO. 5 BY COMMITTEE ON RULES AND ADMINISTRATION A Resolution relating to permanent rules of the senate 1 for the eighty-fourth eighty-fifth general assembly. 2 BE IT RESOLVED BY THE SENATE, That the permanent 3 rules of the senate for the eighty-fourth eighty-fifth 4 general assembly be as follows: 5 RULES OF THE SENATE 6 Rule 1 7 Quorum 8 A constitutional majority shall constitute a quorum 9 of the senate. Any senator may insist a quorum be 10 present. 11 Rule 2 12 Adoption and Amendment of Rules 13 Whenever the senate is operating under temporary 14 rules, the rules may be amended or repealed, or 15 permanent rules may be adopted, by a constitutional 16 majority of the senators. After adoption of permanent 17 rules of the senate during any general assembly, the 18 rules may be amended or repealed by a constitutional 19 majority of the senators voting on a simple resolution. 20 Rule 3 21 Rules of Parliamentary Procedure 22 In cases not covered by senate rules or joint rules, 23 Mason’s Manual of Legislative Procedure shall govern. 24 Rule 4 25 Sessions of the General Assembly 26 The election of officers, organization, hiring and 27 compensation of employees, and committees of the senate 28 -1- LSB 2094SQ (5) 85 jh 1/ 49
S.R. 5 shall carry over from the first to the second regular 1 sessions and to any extraordinary sessions of the same 2 general assembly. 3 All bills and resolutions introduced in the first 4 regular session of a general assembly which are not 5 withdrawn, lost, or indefinitely postponed shall 6 carry over into the second regular session and to any 7 extraordinary session of the same general assembly. 8 Appointments received from the governor for senate 9 confirmation during any session of a general assembly 10 shall be acted upon prior to adjournment of that 11 session as provided by section 2.32 of the Code. 12 Except as provided by this rule, upon the adjournment 13 of the first regular session and any extraordinary 14 session, each bill or resolution shall be automatically 15 referred back to the committee to which it was 16 originally assigned. The secretary of the senate shall 17 publish in the Journal a list of the bills returned to 18 committee under this rule. Within seven days after 19 the first committee meeting after the convening of 20 the second regular session, committees shall either 21 authorize the chair to refer such bills and resolutions 22 to a subcommittee for consideration, indefinitely 23 postpone further consideration of such bills, or report 24 them out to the floor and place them on the calendar. 25 If the subcommittee is different than that appointed 26 during the first session, the committee chair shall 27 report to the senate the bill or resolution number and 28 the names of the subcommittee members. 29 Bills and resolutions which have been voted upon 30 -2- LSB 2094SQ (5) 85 jh 2/ 49
S.R. 5 on final passage by either house in any session 1 shall remain on the calendar in the same status as at 2 the end of the session at any subsequent regular or 3 extraordinary session. 4 Rule 5 5 Regular Order of Daily Business 6 The following order shall govern, subject to any 7 special order: 8 1. Correction of the journal. 9 2. Senators to be excused. 10 3. Communications to the Senate. 11 4. Introduction of bills and resolutions. 12 5. Consideration of senate calendar. 13 Rule 6 14 Senate Calendar 15 1. Each legislative day the secretary of the senate 16 shall prepare a listing of bills to be known as the 17 “Senate Calendar”. 18 2. The senate calendar may contain a listing under 19 the category “Special Order” which shall be placed at 20 the head of the calendar. Bills in such category shall 21 be those which are specifically set for debate by the 22 majority leader with the consent of the senate on a 23 certain date and time. Bills shall be listed by the 24 secretary in numerical order. 25 3. The senate calendar shall include separate 26 listings for any bills and resolutions in the following 27 categories: 28 a. Conference Committee Report 29 b. Bills in Conference Committee 30 -3- LSB 2094SQ (5) 85 jh 3/ 49
S.R. 5 c. House Amendment to Senate Amendment to House 1 File 2 d. House Refuses to Concur in Senate Amendment to 3 House File 4 e. Senate Files Amended by the House 5 f. Unfinished Business 6 g. Motions to Reconsider 7 h. Administrative Rules Nullification Resolutions 8 i. Veto Messages from the Governor 9 4. The secretary shall list bills and resolutions 10 in the above categories in numerical order. Upon 11 their first publication in the calendar, bills and 12 resolutions in the above categories may be called up 13 for debate at any time by the majority leader. Motions 14 to reconsider shall be called up as provided by Rule 15 24. 16 5. The senate calendar shall include a listing 17 of senate appropriations committee bills and bills 18 reported out by the senate appropriations committee. 19 The list shall be known as the “Appropriations 20 Calendar”. The secretary shall list the bills in 21 numerical order. Upon their first publication in the 22 calendar, bills on the appropriations calendar may be 23 called up for debate at any time by the majority leader 24 provided they are eligible under Rule 8. 25 6. The senate calendar shall include a listing 26 of bills which pertain to the levy, assessment or 27 collection of taxes sponsored by or initially assigned 28 to and reported out by the senate ways and means 29 committee. The list shall be known as the “Ways and 30 -4- LSB 2094SQ (5) 85 jh 4/ 49
S.R. 5 Means Calendar”. The secretary shall list the bills in 1 numerical order. Upon their first publication in the 2 calendar, bills on the ways and means calendar may be 3 called up for debate at any time by the majority leader 4 provided they are eligible under Rule 8. 5 7. The senate calendar shall include a list of 6 bills and resolutions, known as the “Regular Calendar”, 7 which shall consist of bills and resolutions reported 8 out by a senate committee. The bills and resolutions 9 reported out each day shall be listed in numerical 10 order. Priority shall be given to senate over house 11 bills and resolutions. Upon their first publication 12 in the calendar, bills on the regular calendar may 13 be called up for debate at any time by the majority 14 leader, provided they are eligible under Rule 8. 15 A bill reported out of committee which is 16 subsequently referred to the ways and means or 17 appropriations committee and then reported out of that 18 committee, shall be returned to the regular calendar in 19 numerical order. 20 8. The senate calendar shall include a listing of 21 the governor’s appointees to state boards, commissions, 22 and other offices requiring senate confirmation. This 23 listing shall be known as the “Confirmation Calendar”. 24 Names on the confirmation calendar may be called up 25 for confirmation at any time by the majority leader 26 provided they are eligible under rule 59. 27 9. The majority leader, or in the absence of the 28 majority leader the assistant majority leaders, may 29 select from among the bills on the previous legislative 30 -5- LSB 2094SQ (5) 85 jh 5/ 49
S.R. 5 day’s Senate calendar and from the bills selected 1 create a new listing which shall be known as the 2 “Debate Calendar”. The debate calendar shall list 3 bills as the majority leader expects to take them up. 4 A bill or resolution on the debate calendar may be 5 debated only when eligible under Rule 8. 6 10. The majority leader, or in the absence of the 7 majority leader the assistant majority leaders, may 8 create a list of bills or resolutions about which 9 no controversy is believed to exist which shall be 10 known as the “Proposed Noncontroversial Calendar”. 11 Bills or resolutions included on this listing may be 12 debated at any time upon being called up for debate 13 by the majority leader. Any bill or resolution which 14 appeared on the previous day’s Senate calendar may be 15 placed by any senator on the proposed noncontroversial 16 calendar, which shall be published. Any bill or 17 resolution on the proposed noncontroversial calendar 18 shall be stricken from the list if any senator files 19 a written objection with the secretary of the senate 20 on the first or second legislative day after it 21 appears on the proposed noncontroversial calendar. 22 Any bill stricken from the proposed noncontroversial 23 calendar shall be returned to its former place on 24 the Senate calendar. The secretary shall prepare the 25 noncontroversial calendar which shall consist of all 26 bills or resolutions on the proposed noncontroversial 27 calendar to which no objection was received. 28 11. If the senate shall not be in session on a day 29 assigned in paragraphs nine and ten for action upon a 30 -6- LSB 2094SQ (5) 85 jh 6/ 49
S.R. 5 calendar, such assigned action shall occur on the next 1 succeeding legislative day. 2 12. On any bill called up for debate from any 3 calendar, debate may continue from day to day until 4 it is adopted, fails, or is postponed or deferred. 5 If further debate is postponed or deferred without a 6 time to continue being set, except for bills on the 7 debate calendar, the bill shall be listed as unfinished 8 business. Bills which are returned to the committee of 9 first referral or to a different committee after being 10 considered by the senate and classified as unfinished 11 business shall be returned to the unfinished business 12 calendar by that committee when the bill is reported 13 out of committee. The unfinished business date on 14 the calendar shall be the date on which the bill was 15 returned to committee. Bills on the debate calendar 16 upon which further debate is postponed or deferred 17 without a time to continue being set shall return to 18 the regular calendar. 19 Rule 7 20 Reserved. 21 Rule 8 22 When Eligible for Consideration 23 Bills, resolutions, and appointments shall be 24 eligible for consideration by the senate as follows: 25 1. An appointment by the governor which requires 26 senate confirmation shall be eligible on the second 27 legislative day after it is first printed in the senate 28 calendar as provided by Rule 59. 29 2. A house or individually sponsored bill or 30 -7- LSB 2094SQ (5) 85 jh 7/ 49
S.R. 5 resolution reported out by a committee shall be 1 eligible on the second legislative day after it is 2 first printed in the senate calendar. 3 3. A committee bill or resolution sponsored by 4 the appropriations committee shall be eligible on the 5 second legislative day after it is first printed in the 6 senate calendar. 7 4. Any committee bill or resolution, other than 8 a bill or resolution sponsored by the appropriations 9 committee, shall be eligible on the third legislative 10 day it is printed in the senate calendar. 11 5. A bill that has been reported out to the 12 senate calendar, referred to a different committee 13 and reported out by that committee is eligible for 14 consideration by the senate on the day it would have 15 been eligible under subsection 2, 3, or 4, whichever 16 is applicable, as if the bill had been printed in the 17 calendar after having been reported out by the first 18 committee. 19 Rule 9 20 Debate and Decorum 21 Before addressing the senate, the senator shall 22 request recognition by depressing the “speak” device 23 and, when recognized, rise and respectfully address the 24 chair. 25 The senator shall confine all remarks to the 26 question under debate and shall avoid discussing 27 personalities or implication of improper motives. No 28 questions except by the senator recognized shall be 29 entertained after a senator is recognized to give final 30 -8- LSB 2094SQ (5) 85 jh 8/ 49
S.R. 5 remarks. 1 Rule 10 2 Point of Personal Privilege 3 A point of personal privilege shall only be 4 recognized when there is no motion pending or other 5 business being considered by the senate. Points of 6 personal privilege shall not be in order during the 7 time when appropriation subcommittees are scheduled 8 to meet. Senators speaking on a point of personal 9 privilege shall be limited to ten minutes. 10 Rule 11 11 Introduction and Presentation of Guests 12 Only former members of the senate and former and 13 present members of Congress shall be presented to 14 the senate, except that the president of the senate 15 may present a visitor whose presence is of special 16 significance to the senate. The presence of school 17 groups accompanied by school officials shall be 18 announced by the president of the senate and shall 19 be recorded in the journal upon written request of a 20 member of the senate. Senators may be recognized to 21 introduce guests in the galleries when there is no 22 motion pending or other business being considered by 23 the senate. Introductions shall be limited to one 24 minute. 25 Rule 12 26 Form and Withdrawal of Motions, Amendments and 27 Signatures 28 Motions need not be in writing unless required by 29 the president or by the senate. No motion requires 30 -9- LSB 2094SQ (5) 85 jh 9/ 49
S.R. 5 a second. Any amendment, motion (including a motion 1 to reconsider), or resolution may be withdrawn by the 2 mover if it has not been amended by the senate and if 3 no amendment is pending. All amendments to bills, 4 resolutions, and reports shall be in writing and filed 5 before being acted upon by the senate. 6 No amendment, resolution, bill, or conference 7 committee report shall be considered by the senate 8 without a copy of the amendment, resolution, bill, or 9 conference committee report being on the desks of the 10 entire membership of the senate prior to consideration. 11 However, after the fourteenth week of the first session 12 and the twelfth week of the second session, amendments 13 and senate resolutions may be considered by the senate 14 without a copy of the amendment or senate resolution 15 being on the desks of the entire membership of the 16 senate if a copy of the amendment or senate resolution 17 is made available to the entire membership of the 18 senate electronically. Such consideration shall 19 be deferred until a copy of the amendment or senate 20 resolution is on the desks of the entire membership of 21 the senate upon the request of any senator. 22 All amendments, reports, petitions or other 23 documents requiring a signature shall have the name 24 printed under the place for the signature. Once a 25 signature is affixed and the document containing the 26 signature filed with the recording clerk in the well, 27 that signature shall not be removed. 28 When an amendment to a main amendment is filed that 29 would negate the effect of the main amendment and 30 -10- LSB 2094SQ (5) 85 jh 10/ 49
S.R. 5 thereby leave the bill unchanged, the presiding officer 1 shall have the authority to declare the amendment to 2 the main amendment out of order, subject to an appeal 3 to the full senate. 4 When a house amendment to a senate file is before 5 the senate, an amendment to the house amendment shall 6 be considered an amendment in the first degree. 7 Regardless of its origin, an amendment in the third 8 degree shall be ruled out of order. 9 When a ruling on germaneness is issued by the 10 presiding officer, it shall be accompanied by an 11 explanation of the ruling. 12 Rule 13 13 Order and Precedence of Motions and Amendments 14 When a question is under debate, no motion shall 15 be received but to adjourn, to recess, questions 16 of privilege, to lay on the table, for the previous 17 question, to postpone to a day certain, to refer, 18 to amend, to postpone indefinitely, to defer, or 19 incidental motions. A substitute is not in order 20 unless it is in the form of a motion to substitute. 21 Such motions shall have precedence in the order in 22 which they are named. No motion to postpone to a 23 day certain, to refer, or postpone indefinitely, 24 being decided, shall be again allowed on the same 25 day with regard to the same question. A motion to 26 strike out the enacting clause of a bill shall have 27 precedence over all amendments and, if carried, shall 28 be considered equivalent to the rejection of the bill. 29 A motion to strike everything after the enacting 30 -11- LSB 2094SQ (5) 85 jh 11/ 49
S.R. 5 clause has precedence over a committee amendment and 1 all other amendments except one to strike the enacting 2 clause. A committee amendment has precedence over all 3 other amendments except as provided in this rule. 4 A motion to rerefer a bill to committee may specify 5 when the committee shall report the bill to the senate. 6 If the motion is adopted in such form, the committee 7 must report the bill by the date and time specified 8 with or without recommendation or the bill shall 9 automatically be returned to the calendar. When the 10 bill is returned to the calendar, it shall occupy 11 the same position it occupied at the time the bill 12 was rereferred to the committee. If the committee 13 to which the bill is rereferred submits an amendment 14 in its report, that committee amendment shall take 15 precedence over other amendments except if that 16 committee amendment is in conflict with amendments 17 previously adopted, the committee amendment shall 18 not be considered until consideration of motions to 19 reconsider the previously adopted amendments result 20 in removing the conflict. A committee may not file 21 an amendment to a bill unless the bill is in the 22 committee’s possession. 23 Rule 14 24 Motions Before the Senate 25 Motions before the senate shall be displayed on the 26 electronic voting system display boards. 27 Rule 15 28 Nondebatable Motions 29 The following motions are not debatable: 30 -12- LSB 2094SQ (5) 85 jh 12/ 49
S.R. 5 Adjourn 1 Recess 2 Call of the Senate 3 Lay on Table or Take from Table 4 Previous Question 5 Reconsider vote by which bill was placed on last 6 reading. 7 A Motion to Reconsider and Lay the Motion to 8 Reconsider on the Table (Double-barreled Motion). 9 Rule 16 10 Division of the Question 11 Any senator may call for a division of a question, 12 which shall be divided if it includes propositions 13 so distinct that if one is taken away, a substantive 14 proposition shall remain in a technically proper form 15 for the decision of the senate. A motion to strike out 16 and insert is indivisible; but a motion to strike out, 17 if lost, shall not preclude amendments to the matter 18 attempted to be stricken or a motion to strike out and 19 insert. 20 Rule 17 21 The Previous Question 22 The previous question shall be in this form: “Shall 23 debate be closed on the pending question?” A motion 24 for the previous question may be adopted by a majority 25 of the senators present and voting. Its effect shall 26 be to put an end to debate and bring the senate to a 27 direct vote upon the pending question. However, any 28 senator who has not previously spoken on the pending 29 question and who, after the main question is taken up 30 -13- LSB 2094SQ (5) 85 jh 13/ 49
S.R. 5 and before the motion for the previous question has 1 been made, requested recognition by depressing the 2 “speak” device may speak no longer than five minutes 3 on the pending question. If action on the pending 4 question continues into another legislative day or is 5 deferred, the previous question shall apply and the 6 requests to be recognized shall be honored. 7 When the motion applies to an amendment, the senator 8 proposing the amendment shall have five minutes to 9 close debate on the amendment. 10 The senator handling the measure under consideration 11 shall have ten minutes to close debate on the main 12 question. 13 Rule 18 14 Call of the Senate 15 Ten senators may file in writing a call of the 16 senate on any single item of legislative business. 17 A call of the senate requires the presence of every 18 senator and is in order at any time prior to the vote 19 being announced by the president. The sergeant-at-arms 20 shall return promptly all absent senators. Debate 21 on the item may continue while absent senators are 22 returning, but no vote on the item is in order on it 23 until all have returned. Adoption of a motion to 24 recess or adjourn to a specific time will not lift 25 the call. The call may be lifted, or a senator may 26 be excused from the call without lifting the call, by 27 a vote of a constitutional majority of the senators. 28 Those senators excused prior to the filing of the call 29 are excused from the call. 30 -14- LSB 2094SQ (5) 85 jh 14/ 49
S.R. 5 Rule 19 1 Committee of the Whole 2 The senate may resolve itself into a committee of 3 the whole senate when it wishes to permit more free and 4 informal discussion. Persons other than senators may 5 appear and present information. 6 Any senator may move “that the senate now resolve 7 itself into a committee of the whole to consider” a 8 stated subject. 9 The president of the senate shall be chair of the 10 committee of the whole unless otherwise ordered by the 11 senate. 12 The procedure in committee of the whole is subject 13 to the rules of the senate. The previous question and 14 the motion to reconsider shall be in order. 15 The committee of the whole cannot take any final 16 action and its power is limited to recommendation to 17 the senate. The proceedings of the committee of the 18 whole, including any roll call vote, shall be printed 19 in the journal. 20 Any senator may at any time, except while voting or 21 while a senator has the floor, move that “the committee 22 rise” which is equivalent to a motion to adjourn. 23 After adoption of the motion to rise, the chair 24 may report to the senate in the same manner as other 25 committee reports are given. 26 Rule 20 27 Last Reading and Passage of Bills 28 When a motion to place a bill on its last reading is 29 lost, the same motion shall be in order at any later 30 -15- LSB 2094SQ (5) 85 jh 15/ 49
S.R. 5 time. After the last reading of a bill, no amendment 1 shall be received. The vote on final passage shall be 2 taken immediately without debate. 3 Rule 21 4 Engrossment of Bills 5 An engrossment is a proofreading and verification 6 in order to be certain that a bill before the senate is 7 identical with the original bill as introduced with all 8 amendments which have been adopted correctly inserted. 9 In an engrossed bill, all obvious typographical, 10 spelling or other clerical errors are corrected and 11 section or paragraph numbers and internal references 12 are changed as required to conform the original bill 13 to any amendments which have been adopted. All such 14 corrections or changes shall be reported in the journal 15 by the secretary of the senate. The engrossed bill 16 shall be placed in the bill file with the original bill 17 and amendments. 18 Rule 22 19 Manner of Voting 20 On voice vote, the question shall be distinctly put 21 in this form: “Those in favor of (the question) say 22 “aye”.” “Those opposed to (the question) say “no”.” 23 A non-record or record roll call vote may be 24 requested by any senator or ordered by the president 25 any time before the results are announced. A 26 non-record roll call shall be requested by asking for a 27 “division”. A record roll call shall be requested by 28 asking for a “record”. Upon request for a non-record 29 or record roll call vote, the president shall announce 30 -16- LSB 2094SQ (5) 85 jh 16/ 49
S.R. 5 that such a non-record or record roll call vote has 1 been requested and shall state the question to be put 2 to the senate. The president then shall direct the 3 secretary of the senate to receive the votes. 4 Senators present may cast their votes, either 5 by operating the voting mechanism located at their 6 assigned desk or by signaling the president if they are 7 unable to vote at their assigned desk. The president 8 shall enter the votes of senators signaling their 9 votes. 10 After sufficient time has elapsed for all senators 11 present to record their votes, the president shall 12 direct the secretary of the senate to close the voting 13 system. The president shall still enter the senators’ 14 votes at any time prior to directing the secretary of 15 the senate to lock the voting system. The president 16 shall then immediately announce the vote. 17 During a non-record or record roll call vote, both 18 individual votes and vote totals shall be indicated 19 openly on the display boards and printed in the 20 journal . On non-record roll calls, only vote totals 21 shall be indicated on the display boards and printed in 22 the journal. 23 In the event the electronic voting system is not 24 in operating order, the president shall direct the 25 secretary of the senate to take the non-record or 26 record roll call by calling the names of the senators 27 in alphabetical order. 28 Rule 23 29 Duty of Voting 30 -17- LSB 2094SQ (5) 85 jh 17/ 49
S.R. 5 Every senator present when a question is put shall 1 vote “aye”, “no” or “present” unless previously excused 2 by the senate. Upon demand being made by any senator, 3 the secretary of the senate shall call in alphabetical 4 order the names of the senators not voting or voting 5 “present”. Those senators called shall vote “aye” or 6 “no” unless the senator states a personal interest in 7 the question or concludes that he or she should not 8 vote under the senate code of ethics. 9 Rule 24 10 Reconsideration 11 When a main motion has been decided by the senate, 12 any senator having voted on the prevailing side 13 may move to reconsider the vote on the same or next 14 legislative day. Motions to reconsider the vote on a 15 bill or resolution shall be in writing and filed with 16 the secretary of the senate. 17 Notwithstanding any time limitations applicable 18 to motions to reconsider main motions, a motion to 19 reconsider the vote on an amendment may be made at 20 any time before final disposition of the motion to 21 be amended. Such motion shall be in writing and 22 filed with the secretary of the senate. A motion to 23 reconsider an amendment to a main motion shall be taken 24 up for consideration only prior to the disposition of 25 the main motion or upon reconsideration of the main 26 motion. 27 A constitutional majority by a record roll call is 28 necessary to reconsider a bill or joint resolution. 29 During three legislative days from the date the motion 30 -18- LSB 2094SQ (5) 85 jh 18/ 49
S.R. 5 to reconsider a bill or resolution is filed, only the 1 mover may call it up. Thereafter, any senator may call 2 up the motion. If a date for adjournment has been set 3 by resolution of the senate, any senator may call up 4 a motion to reconsider at any time within three days 5 prior to the date set for adjournment. 6 If the motion to reconsider a bill or resolution 7 prevails, motions to reconsider amendments thereto 8 shall be in order and shall be disposed of without 9 delay. 10 A motion that any action taken by the senate be 11 reconsidered and the motion to reconsider be laid upon 12 the table shall be a single and indivisible motion, 13 known as the double-barreled motion, which, if carried, 14 shall have the effect of preventing reconsideration 15 unless a motion to take from the table prevails. 16 A constitutional majority is necessary for the 17 double-barreled motion to prevail on a bill or joint 18 resolution. The double-barreled motion can only be 19 made from the floor after the vote is announced and the 20 member who moved the final reading shall have priority 21 in making it. 22 A motion to reconsider and lay on the table shall 23 have priority over a motion to reconsider if they are 24 both filed on the same legislative day. 25 In the event that a motion to reconsider is pending 26 at the end of the first session or any extraordinary 27 session of any general assembly, or the general 28 assembly adjourns sine die, and the motion has not been 29 voted upon by the senate, it shall be determined to 30 -19- LSB 2094SQ (5) 85 jh 19/ 49
S.R. 5 have failed. 1 Rule 25 2 Suspension of Rules 3 No standing rule, rules incorporated by reference 4 under Rule 3, or order of the senate shall be rescinded 5 or suspended, except by unanimous consent of the senate 6 or by an affirmative vote of a constitutional majority 7 of the senate voting on a simple resolution. 8 INTRODUCTION AND FORM OF BILLS 9 Rule 26 10 Time and Method of Introducing Bills and Amendments 11 All bills to be introduced in the senate shall be 12 typed in proper form by the legislative services agency 13 and shall be filed with the recording clerk. 14 All amendments shall be typed in proper form and 15 filed with the recording clerk not later than 4:30 16 p.m., or adjournment, whichever is later, in order to 17 be listed in the following day’s clip sheet. 18 An “impact amendment” is an amendment which 19 reasonably could have an annual effect of at least one 20 hundred thousand dollars or a combined total effect 21 within five years after enactment of five hundred 22 thousand dollars or more on the aggregate revenues, 23 expenditures or fiscal liability of the state or its 24 subdivisions. 25 An impact amendment to a bill which has been on 26 the special order calendar for at least three full 27 legislative days prior to its consideration shall not 28 be taken up by the senate unless: 29 1) a fiscal note is attached, and the amendment is 30 -20- LSB 2094SQ (5) 85 jh 20/ 49
S.R. 5 filed at least one legislative day prior to the date 1 set for consideration of the bill; or 2 2) the amendment is an appropriation or other 3 measure where the total effect is stated in dollar 4 amounts. 5 Rule 27 6 Limit on Introduction of Bills 7 No bill or joint resolution, except bills and 8 joint resolutions cosponsored by the majority and 9 minority floor leaders, or companion bills and joint 10 resolutions sponsored by the majority floor leaders of 11 both houses, shall be introduced in the senate after 12 4:30 p.m. on Friday of the fifth week of the first 13 regular session of a general assembly unless a formal 14 request for drafting the bill has been filed with the 15 legislative services agency before that time. After 16 adjournment of the first regular session, bills may 17 be prefiled at any time before the convening of the 18 second regular session. No bill shall be introduced 19 after 4:30 p.m. on Friday of the second week of the 20 second regular session of a general assembly unless a 21 formal request for drafting the bill has been filed 22 with the legislative services agency before that time. 23 However, standing committees may introduce bills and 24 joint resolutions at any time. A bill which relates 25 to departmental rules sponsored by the administrative 26 rules review committee and approved by a majority 27 of the members of the committee in each house may 28 be introduced at any time and must be referred to a 29 standing committee which must take action on the bill 30 -21- LSB 2094SQ (5) 85 jh 21/ 49
S.R. 5 within three weeks. Senate and concurrent resolutions 1 may be introduced at any time. 2 No bill, joint resolution, concurrent resolution 3 or senate resolution shall be introduced at any 4 extraordinary session unless sponsored by a standing 5 committee, the majority and minority floor leaders, or 6 the committee of the whole. 7 Rule 28 8 Introduction, Reading, and Form of Bills and 9 Resolutions 10 Every senate bill and resolution shall be introduced 11 by one or more senators or by any standing committee 12 of the senate and shall at once be given its first 13 reading. 14 If the senate is in session when a bill or 15 resolution is introduced, the first reading shall 16 consist of reading its file number, the title and 17 sponsor of the bill. If the senate is not in session 18 but a journal is published for the day, the first 19 reading shall consist of a journal entry of the bill’s 20 file number, title, sponsor and the notation “Read 21 first time under Rule 28 . ”. 22 Any bill or resolution approved for introduction by 23 a standing committee during an interim period between 24 sessions of one General Assembly shall be introduced 25 without further action by the committee at the next 26 succeeding regular session of the same General Assembly 27 and placed immediately upon the regular calendar. 28 Every bill and resolution referred to committee 29 shall have received two readings before its passage. 30 -22- LSB 2094SQ (5) 85 jh 22/ 49
S.R. 5 The subject of every bill shall be expressed in its 1 title. 2 Rule 29 3 Explanations 4 No bill, except appropriation committee bills and 5 simple or concurrent resolutions, shall be introduced 6 unless a concise and accurate explanation is attached. 7 The chief sponsor or a committee to which the bill has 8 been referred may add a revised explanation at any time 9 before the last reading, and it shall be included in 10 the daily clip sheet. 11 Rule 30 12 Resolutions 13 A “senate resolution” is a resolution acted upon 14 only by the senate which relates to an accomplishment 15 of national or international status; the dedication 16 of a day by a statewide or national group; the 17 one hundredth, one hundred twenty-fifth, or one 18 hundred fiftieth anniversary of a local government 19 or organization; the recognition of state ties to 20 other governments; the retirement of a senator 21 or long-time senate employee; or to rules and 22 administrative matters, including the appointment 23 of special committees, within the senate. A senate 24 resolution requires the affirmative vote of a majority 25 of the senators present and voting, unless otherwise 26 required in these rules. A senate resolution shall 27 be filed with the secretary of the senate. A senate 28 resolution shall be printed in the bound journal after 29 its adoption and in the daily journal upon written 30 -23- LSB 2094SQ (5) 85 jh 23/ 49
S.R. 5 request to the secretary of the senate by the sponsor 1 of the resolution. Other expressions of sentiment 2 or recognition may be made with the issuance of a 3 certificate of recognition. 4 Rule 31 5 Nullification Resolutions 6 A nullification resolution may be introduced 7 by a standing committee, the administrative rules 8 review committee, or any member of the senate. 9 A nullification resolution introduced by the 10 administrative rules review committee or a member 11 of the senate shall be referred to the same standing 12 committee it would be referred to if it was a bill. 13 Any nullification resolution may be referred to the 14 administrative rules review committee by a majority 15 vote of the standing committee which introduced it 16 or to which it was referred. The administrative 17 rules review committee may seek an agreement with the 18 affected administrative agency wherein the agency 19 agrees to voluntarily rescind or modify a rule or rules 20 relating to the subject matter of the nullification 21 resolution. An agreement to voluntarily rescind 22 or modify an administrative agency rule shall be in 23 writing and signed by the chief administrative officer 24 of the administrative agency and a majority of the 25 administrative rules review committee members of each 26 house and shall be placed on file in the offices of 27 the chief clerk of the house, the secretary of the 28 senate and the secretary of state. If an agreement is 29 not reached, or the nullification resolution is not 30 -24- LSB 2094SQ (5) 85 jh 24/ 49
S.R. 5 approved by a majority of the administrative rules 1 review committee members of each house, within two 2 weeks of the date the resolution is referred to the 3 administrative rules review committee, the resolution 4 shall be placed on the calendar. If the nullification 5 resolution is approved by the administrative rules 6 review committee it shall be placed on the calendar. 7 A nullification resolution is subject to a motion to 8 withdraw the nullification resolution as provided in 9 rule 42. 10 A nullification resolution is debatable, but cannot 11 be amended on the floor of the senate. 12 Rule 32 13 Resolutions, Applicable Rules 14 All rules applicable to bills shall apply to 15 resolutions, except as otherwise provided in the rules. 16 Rule 33 17 Study Bills 18 1. A study bill is any matter which a senator 19 wishes to have considered by a standing committee or 20 appropriations subcommittee for introduction as a 21 committee bill or resolution. The term “study bill” 22 includes “proposed bills” provided for in Rule 37 and 23 departmental requests prefiled in the manner specified 24 in section 2.16 of the Code. 25 2. A study bill shall bear the name of the member 26 who wishes to have the bill considered. A study bill 27 proposed by a state agency shall bear the name of the 28 agency. A committee chair may submit a study bill in 29 the name of that committee. 30 -25- LSB 2094SQ (5) 85 jh 25/ 49
S.R. 5 3. Upon first receiving a study bill from a 1 senator, a committee chairperson shall submit three 2 copies to the secretary of the senate. Study bills 3 received in the secretary of the senate’s office before 4 3:00 p.m. shall be filed, numbered, and reported in 5 the journal for that day. Study bills received in the 6 secretary of the senate’s office after 3:00 p.m. shall 7 be filed, numbered, and reported in the journal for the 8 subsequent day. The secretary shall number such bills 9 in consecutive order. The secretary shall maintain a 10 record of all study bills and their assigned number. 11 Committee records shall refer to study bills by the 12 number assigned by the secretary. 13 4. The secretary shall file a report in the journal 14 of each study bill received. The report shall show 15 the study bill number, its title or subject matter 16 and the committee which is considering it. If a study 17 bill is referred to a subcommittee, then the committee 18 chairperson shall report in the journal the names of 19 the subcommittee members to which it is assigned. 20 5. If a committee bill or resolution is introduced 21 which was not previously the subject of a study bill 22 in the sponsoring committee, the majority leader may 23 re-refer the bill back to the committee. 24 6. A study bill not prepared by the legislative 25 services agency may be submitted to a standing 26 committee, but shall not be considered by the full 27 committee unless reviewed and typed in proper form by 28 the legislative services agency. 29 COMMITTEES AND COMMITMENT 30 -26- LSB 2094SQ (5) 85 jh 26/ 49
S.R. 5 Rule 34 1 Committee Appointments 2 Committee appointments shall be made by the majority 3 leader for majority party members, after consultation 4 with the president, and by the minority leader for 5 minority party members, after consultation with the 6 president. No senator shall serve on more than six 7 standing committees. The majority leader, after 8 consultation with the president, shall designate the 9 chairperson and vice-chairperson of each standing 10 committee. The minority leader, after consultation 11 with the president, shall designate the ranking member 12 of each standing committee from the minority membership 13 of that committee. 14 Rule 35 15 Standing Committees 16 The names of the standing committees of the senate 17 shall be: 18 Agriculture 19 Appropriations 20 Commerce 21 Economic Growth /Rebuild Iowa 22 Education 23 Government Oversight 24 Human Resources 25 Judiciary 26 Labor and Business Relations 27 Local Government 28 Natural Resources and Environment 29 Rules and Administration 30 -27- LSB 2094SQ (5) 85 jh 27/ 49
S.R. 5 State Government 1 Transportation 2 Veterans Affairs 3 Ways and Means 4 Rule 36 5 Committee on Rules and Administration 6 The committee on rules and administration shall 7 recommend rules and rule changes to the senate, shall 8 hire senate employees, shall recommend salary scales 9 for all senate employees, and shall oversee senate 10 budget and administration matters. 11 The committee on rules and administration will 12 select, for senate approval, an individual to serve as 13 secretary of the senate. 14 The committee shall have the following standing 15 subcommittees: 16 1. Joint Rules 17 2. Senate Rules 18 3. Administrative Services 19 4. Caucus Services 20 The majority leader shall serve as chair of the 21 rules and administration committee and as chair of 22 the standing subcommittee on caucus services. The 23 president of the senate shall serve as vice-chair of 24 the rules and administration committee, and as chair of 25 the subcommittee on administrative services. 26 Rule 37 27 Appropriations Committee 28 The appropriations committee shall receive bills 29 committed to it and shall assign each to one of the 30 -28- LSB 2094SQ (5) 85 jh 28/ 49
S.R. 5 appropriations subcommittees. 1 The appropriations subcommittees shall be named: 2 Administration and Regulation 3 Agriculture and Natural Resources 4 Economic Development 5 Education 6 Health and Human Services 7 Justice System 8 Transportation, Infrastructure, and Capitals 9 The appropriations subcommittees shall receive 10 bills assigned to them or may originate proposed bills 11 within the subcommittee’s jurisdiction as defined by 12 the appropriations committee for consideration by the 13 appropriations committee. Each subcommittee may submit 14 amendments to bills together with the subcommittee’s 15 recommended action to the appropriations committee. 16 If a bill or proposed bill is submitted to the 17 appropriations committee by an appropriations 18 subcommittee the appropriations committee may: 19 1. report the bill or approve the proposed bill for 20 introduction by the appropriations committee; 21 2. report the bill with any appropriations 22 committee-approved amendments incorporated; 23 3. draft a new bill for sponsorship by the 24 appropriations committee and report it; or 25 4. re-refer it together with the appropriations 26 committee’s objections to the appropriations 27 subcommittee from which it was originally referred or 28 which originated the draft bill. 29 The appropriations committee and subcommittees may 30 -29- LSB 2094SQ (5) 85 jh 29/ 49
S.R. 5 meet jointly with the appropriations committee of the 1 house of representatives. 2 Rule 38 3 First Reading and Commitment 4 Upon the first reading of an individual bill or 5 resolution, or a house committee bill or resolution, 6 the president shall refer the bill or resolution to 7 an appropriate standing committee. If the bill or 8 resolution is a senate committee bill or resolution, 9 the president shall place it on the calendar after 10 its first reading. If the subject of the bill or 11 resolution is not germane to the title of the committee 12 presenting it, the president of the senate may refer it 13 to a committee deemed appropriate. 14 All bills carrying an appropriation for any purpose 15 or involving the expenditure of state funds shall be 16 referred to the committee on appropriations. 17 All bills pertaining to the levy, assessment or 18 collection of taxes or fees shall be referred to the 19 committee on ways and means. 20 Any bill which provides for a new state board, 21 commission, agency or department or makes separate or 22 autonomous an existing state board, commission, agency 23 or department, shall be referred to the committee 24 on state government. If the bill or resolution is 25 so referred after being sponsored or reported out 26 by another committee, and if the committee on state 27 government does not report out the bill or resolution 28 within ten legislative days after referral, the bill 29 or resolution shall automatically be restored to the 30 -30- LSB 2094SQ (5) 85 jh 30/ 49
S.R. 5 calendar with the same priority it had immediately 1 before referral. 2 This rule shall also apply when such provisions are 3 added to a bill or resolution by amendment adopted by 4 the senate. 5 Rule 39 6 Rules for Standing Committees 7 The following rules shall govern all standing 8 committees of the senate. Any committee may adopt 9 additional rules which are consistent with these rules: 10 1. A majority of the members shall constitute a 11 quorum. 12 2. The chair of a committee shall refer each bill 13 and resolution to a subcommittee within seven days 14 after the bill or resolution has been referred to 15 the committee. The chair may appoint subcommittees 16 for study of bills and resolutions without calling a 17 meeting of the committee, but the subcommittee must 18 be announced at the next meeting of the committee. No 19 bill or resolution shall be reported out of a committee 20 until the next meeting after the subcommittee is 21 announced, except that the chair of the appropriations 22 committee may make the announcement of the assignment 23 to a subcommittee by placing a notice in the journal. 24 Any bill so assigned by the appropriations committee 25 chair shall be eligible for consideration by the 26 committee upon report of the subcommittee but not 27 sooner than three legislative days following the 28 publication of the announcement in the journal. 29 When a bill or resolution has been assigned to a 30 -31- LSB 2094SQ (5) 85 jh 31/ 49
S.R. 5 subcommittee, the chair shall report to the senate 1 the bill or resolution number and the names of the 2 subcommittee members and such reports shall be reported 3 in the journal. Subcommittee assignments shall be 4 reported to the journal daily. Reports filed before 5 3:00 p.m. shall be printed in the journal for that 6 day; reports filed after 3:00 p.m. shall be printed in 7 the journal for the subsequent day. 8 Where standing subcommittees of any committee have 9 been named, the names of the members and the title of 10 the subcommittee shall be published once and thereafter 11 publication of assignments may be made by indicating 12 the title of the subcommittee. 13 3. No bill or resolution shall be considered by a 14 committee until it has been referred to a subcommittee 15 and the subcommittee has made its report unless 16 otherwise ordered by a majority of the members. 17 4. The rules adopted by a committee, including 18 subsections 2, 3, 9, 10, 11, and 12 of this rule, may 19 be suspended by an affirmative vote of a majority of 20 the members of the committee. 21 5. The affirmative vote of a majority of the 22 members of a committee is needed to sponsor a committee 23 bill or resolution or to report a bill or resolution 24 out for passage. 25 6. The vote on all bills and resolutions shall be 26 by roll call unless a short-form vote is unanimously 27 agreed to by the committee. A record shall be kept by 28 the secretary. 29 7. No committee, except a conference committee, is 30 -32- LSB 2094SQ (5) 85 jh 32/ 49
S.R. 5 authorized to meet when the senate is in session. 1 8. A subcommittee shall not report a bill to the 2 committee unless the bill has been typed into proper 3 form by the legislative services agency. 4 9. A bill or resolution shall not be voted upon the 5 same day a public hearing called under subsection 10 is 6 held on that bill or resolution. 7 10. Public hearings may be called at the discretion 8 of the chair. The chair shall call a public hearing 9 upon the written request of one-half the membership of 10 the committee. The chair shall set the time and place 11 of the public hearing. 12 11. A subcommittee chair must notify the committee 13 chair not later than one legislative day prior to 14 bringing the bill or resolution before the committee. 15 The committee cannot vote on a bill or resolution for 16 at least one full day following the receipt of the 17 subcommittee report by the chairperson. 18 12. A motion proposing action on a bill or 19 resolution that has been defeated by a committee shall 20 not be voted upon again at the same meeting of the 21 committee. 22 13. Committee meetings shall be open. 23 Rule 40 24 Voting in Committee 25 All committee meetings shall be open at all times. 26 Voting by secret ballot is prohibited. Roll call votes 27 shall be taken in each committee when final action on 28 any bill or resolution is voted, unless a short-form 29 vote is unanimously agreed to by the committee. A roll 30 -33- LSB 2094SQ (5) 85 jh 33/ 49
S.R. 5 call vote also shall be taken in each committee at the 1 request of a member upon any amendment or motion. All 2 results shall be entered in the minutes which shall be 3 public records. Records of these votes shall be made 4 available by the chair or the committee secretary at 5 any time. This rule also applies to the appropriations 6 subcommittees. 7 The committee shall not authorize the introduction 8 of a committee bill or resolution until the members 9 have received final copies of the bill or resolution 10 with amendments or changes incorporated, and typed 11 into proper form by the legislative services agency. 12 The committee may, by unanimous consent, dispense with 13 this requirement and instruct the legislative services 14 agency to file a report with the committee members 15 detailing the amendments or changes and this report 16 shall become a part of the committee report. 17 Rule 41 18 Announcement of Committee Meetings 19 It shall be in order for the chair of any committee 20 to announce to the senate the time and place of 21 committee meetings. The announcement shall include a 22 proposed agenda for the meeting. The sergeant-at-arms 23 shall post at the rear of the chamber the daily 24 schedule of committee meetings. 25 Rule 42 26 Withdrawal of Bills and Resolutions from Committee 27 The secretary of the senate shall note on each bill 28 and resolution the date of its reference to committee. 29 No bill or resolution shall be withdrawn from any 30 -34- LSB 2094SQ (5) 85 jh 34/ 49
S.R. 5 committee within fifteen legislative days after the 1 bill or resolution has been referred to the committee 2 and thereafter only upon written petition for the 3 withdrawal of such bill or resolution signed by a 4 constitutional majority of the senators, except as 5 provided in Rule 38. Only senators may circulate such 6 a petition. 7 Rule 43 8 Committee Reports 9 All committees shall file a report of committee 10 meetings. Such reports shall contain the following 11 information: 12 a. The time the meeting convened; 13 b. Those senators who were present and absent at 14 the time the meeting convened, as well as the time any 15 senator, who was not present at the time the meeting 16 convened, arrives for the meeting; 17 c. The vote on any bill or resolution reported out 18 of the committee for floor action; 19 d. The title of the bill; 20 e. The file number of the bill or resolution (if 21 known); 22 f. Whether the committee recommends that the 23 bill or resolution be passed, amended and passed, 24 indefinitely postponed, or considered without committee 25 recommendation; 26 g. An indication of other bills or matters 27 discussed; 28 h. Such other matters as the committee chair shall 29 direct; and 30 -35- LSB 2094SQ (5) 85 jh 35/ 49
S.R. 5 i. The time the meeting adjourned. 1 No committee report shall be read, but all committee 2 reports shall be printed in the journal. Upon 3 printing, all committee reports shall then stand 4 approved unless the senate directs otherwise. 5 Rule 44 6 Bills or Resolutions Recommended for Indefinite 7 Postponement 8 No senate bill or resolution recommended for 9 indefinite postponement shall be considered in the 10 absence of the chief sponsor or, if a house bill or 11 resolution, in the absence of the senator representing 12 the district in which the sponsor resides. When a 13 question is postponed indefinitely, it shall not be 14 again acted upon during that session of the general 15 assembly. 16 GENERAL RULES 17 Rule 45 18 Access to Senate Chamber and Decorum 19 The persons who shall have access to the senate 20 chamber, and the times access shall be available, and 21 the rules governing activities in the chamber and other 22 areas controlled by the senate shall be as prescribed 23 by the rules and administration committee pursuant to a 24 written policy adopted by the committee and filed with 25 the secretary of the senate. 26 Rule 46 27 Legislative Interns and Aides 28 Legislative interns for senators shall be allowed 29 on the floor of the senate in accordance with Rule 45; 30 -36- LSB 2094SQ (5) 85 jh 36/ 49
S.R. 5 provided that each intern first has obtained a name 1 badge from the secretary of the senate. The secretary 2 of the senate shall issue an appropriate badge to all 3 interns for senators. 4 Rule 47 5 Clearing of Lobby and Gallery 6 In case of disturbance or disorderly conduct in the 7 lobby or gallery, the presiding officer may order it 8 cleared. 9 Rule 48 10 Presentation of Petitions 11 Each petition shall contain a brief statement of its 12 subject matter and the name of the senator presenting 13 it. Petitions shall be filed with the secretary of the 14 senate and noted in the journal. 15 Rule 49 16 Distribution of Printed Material 17 No general distribution of printed material in 18 the senate shall be allowed unless authorized by the 19 secretary of the senate or by a senator. 20 Rule 50 21 Concerning the Printing of Papers 22 Any paper, other than that contemplated by Section 23 10, Article III of the Constitution of the State of 24 Iowa, presented to the senate may, with the consent of 25 a constitutional majority, be printed in the journal. 26 Rule 51 27 Reprinting of Documents 28 When any bill has been substantially amended by the 29 senate, the secretary of the senate shall order the 30 -37- LSB 2094SQ (5) 85 jh 37/ 49
S.R. 5 bill reprinted on paper of a different color. All 1 adopted amendments inserting new material shall be 2 distinguishable. 3 The secretary of the senate may order the printing 4 of a reasonable number of additional copies of bills, 5 resolutions, amendments or journals. 6 OFFICERS AND EMPLOYEES 7 Rule 52 8 Duties of the President 9 The senate shall elect, from its membership, a 10 president. The president shall call the senate to 11 order at the hour to which the senate is adjourned and 12 shall proceed with the regular order of daily business. 13 The president shall preserve order and decorum and 14 decide all questions of order and corrections to the 15 journal. The president shall direct voting as provided 16 in rule 22. When a ruling on germaneness is issued by 17 the presiding officer, it shall be accompanied by an 18 explanation of the ruling. The president of the senate 19 shall be the chair of the committee of the whole unless 20 otherwise ordered by the senate, under rule 19. 21 Upon the first reading of an individual bill or 22 resolution, or a house committee bill or resolution, 23 the president shall refer the bill or resolution to 24 the appropriate standing committee. If the bill or 25 resolution is a senate committee bill or resolution, 26 the president shall place it on the calendar after 27 its first reading. If the subject of the bill or 28 resolution is not germane to the title of the committee 29 presenting it, the president of the senate may refer it 30 -38- LSB 2094SQ (5) 85 jh 38/ 49
S.R. 5 to the appropriate committee. 1 The president shall sign legislative enactments upon 2 their enrolling. 3 The president of the senate shall serve as a member 4 of the legislative council and the senate rules and 5 administration committee. The president shall serve 6 on the rules and administration committee as chair of 7 the standing subcommittee designated to supervise the 8 secretary of the senate and other employees of the 9 administrative services division of the senate. 10 Rule 53 11 The President Pro Tempore 12 The senate shall elect, from its membership, a 13 president pro tempore. When the president is absent, 14 the president pro tempore shall preside, except when 15 the chair is filled by temporary appointment by the 16 president or the majority leader. 17 The president pro tempore, when presiding, shall 18 perform duties as prescribed in rule 52, paragraphs 1 19 and 2. 20 The president pro tempore shall serve as a member of 21 the legislative council and as a member of the senate 22 committee on rules and administration. 23 Rule 54 24 Secretary of the Senate 25 The secretary of the senate shall be a nonpartisan 26 officer of the senate and shall: 27 1. Serve as chief administrative officer of the 28 senate. 29 2. Have charge of the secretary’s desk. 30 -39- LSB 2094SQ (5) 85 jh 39/ 49
S.R. 5 3. Be responsible for the custody and safekeeping 1 of all bills, resolutions, and amendments filed, except 2 while they are in the custody of a committee. 3 4. Have charge of the daily journal. 4 5. Have control of all rooms assigned for the use 5 of the senate. 6 6. Keep a detailed record of senate action on all 7 bills and resolutions. 8 7. Insert adopted amendments into bills before 9 transmittal to the house of representatives and prior 10 to final enrollment. 11 8. Prescribe the duties of and supervise all senate 12 employees. 13 9. Authorize all expenditures of funds within the 14 senate budget. 15 The secretary of the senate shall also act as senate 16 parliamentarian and shall: 17 1. Advise the presiding officer of the senate about 18 parliamentary procedures during deliberations of the 19 senate. 20 2. Perform other duties as prescribed by the 21 committee on rules and administration. 22 3. Process the handling of amendments when filed 23 and during the floor consideration of bills. 24 Rule 55 25 Legal Counsel 26 The legal counsel shall be the secretary of the 27 senate or a contractual employee of the senate and 28 shall: 29 1. Serve as attorney and counselor for the senate. 30 -40- LSB 2094SQ (5) 85 jh 40/ 49
S.R. 5 2. At the request of the majority or minority 1 leaders, research any legal issue in which the senate 2 has an interest. However, the legal counsel shall not 3 issue nor venture any opinions on unresolved questions 4 of law unless permitted by both the majority and 5 minority leaders. 6 Rule 56 7 Sergeant-at-Arms 8 The sergeant-at-arms shall be an employee of the 9 senate and shall: 10 1. Wear the appropriate badge of his or her office. 11 2. Attend the senate during its sessions. 12 3. Aid in the enforcement of order under the 13 direction of the president of the senate and the 14 secretary of the senate. 15 4. Execute the commands of the senate. 16 5. See that no unauthorized person disturbs the 17 contents of the senators’ desks. 18 6. Supervise the doorkeepers, the assistant 19 sergeant-at-arms, and pages. 20 7. Announce all delegations from the governor or 21 house. 22 8. Supervise the seating of visitors and press 23 representatives. 24 Rule 57 25 Senate Secretaries 26 Every senator shall be permitted to employ for each 27 session of a general assembly a personally selected 28 secretary. 29 Rule 58 30 -41- LSB 2094SQ (5) 85 jh 41/ 49
S.R. 5 Use of Electronic Voting System 1 Any officer or employee of the senate, other than 2 a duly elected member of the senate, who operates the 3 electronic voting machine mechanism located at the 4 desk of said member of the senate shall be subject to 5 immediate termination from employment. The provisions 6 of this paragraph only shall apply during the taking 7 of a record or non-record roll call vote utilizing the 8 electronic voting system. 9 CONFIRMATION OF APPOINTMENTS 10 Rule 59 11 Appointments 12 The secretary of the senate shall: 13 a. send, to each appointee submitted by the 14 governor for senate confirmation, a copy of a 15 senate questionnaire as approved by the rules and 16 administration committee; 17 b. receive completed questionnaires from appointees 18 and forward copies of the completed questionnaires to 19 appropriate committee members; 20 c. maintain “Confirmation Calendar” categories 21 on the senate calendar as directed under this rule, 22 senate rule 6, and by the committee on rules and 23 administration. No appointee shall be listed as 24 eligible on the confirmation calendar until the 25 secretary has received the appointee’s completed senate 26 questionnaire. 27 As soon as possible after the convening of a 28 session, and again within one week following March 29 1, the secretary of the senate shall publish in the 30 -42- LSB 2094SQ (5) 85 jh 42/ 49
S.R. 5 senate journal the names of all nominees submitted 1 for confirmation. The secretary of the senate shall 2 maintain a file of all appointments received from the 3 governor for confirmation. The file shall contain 4 a description of the duties and the compensation 5 for each nominee. The file shall show the date an 6 appointment was received from the governor, the date 7 the appointment was published in the journal, whether 8 the nominee has been introduced, whether a committee 9 report has been filed, when the senate questionnaire 10 was sent to the appointee, and shall include a copy of 11 the appointee’s completed senate questionnaire, upon 12 receipt. 13 INVESTIGATING COMMITTEES. All appointments received 14 from the governor shall be referred to the rules 15 and administration committee by the secretary of 16 the senate on the same day they are published in 17 the senate journal. The rules and administration 18 committee shall establish an en bloc confirmation 19 calendar which must be filed with the secretary of 20 the senate. Within three (3) legislative days after 21 receiving an appointment, the committee shall either 22 place a nominee on the en bloc confirmation calendar 23 or assign the nominee to an appropriate standing 24 committee for further investigation, publishing notice 25 of such assignment in the senate journal for the next 26 legislative day. If the rules and administration 27 committee fails to take action on a nominee within the 28 three days, the nominee shall automatically be placed 29 on the en bloc confirmation calendar. 30 -43- LSB 2094SQ (5) 85 jh 43/ 49
S.R. 5 Within the three (3) legislative days after an 1 appointment has been referred to the rules and 2 administration committee, any ten senators may 3 require that the nominee be assigned to an appropriate 4 standing committee by filing a written, signed 5 request therefor with the chairperson of the rules and 6 administration committee. The committee chair shall 7 refer the appointment to a subcommittee within one (1) 8 legislative day after a standing committee receives 9 an appointment for further investigation, publishing 10 notice of such assignment in the senate journal for the 11 next legislative day. Within ten (10) legislative days 12 after a standing committee receives an appointment for 13 further investigation the subcommittee shall file its 14 report with the standing committee. 15 Within fourteen (14) legislative days after a 16 standing committee receives an appointment for 17 further investigation, the committee shall conduct 18 an investigation of the nominee and file its report 19 thereon with the secretary of the senate, who shall 20 then place the nominee on the en bloc calendar or 21 individual confirmation calendar as directed by 22 the committee. The failure of a committee to file 23 its report within the prescribed time means that 24 the nominee is to be automatically placed, without 25 recommendation, upon the individual confirmation 26 calendar. 27 Any individual nominated to head a department or 28 agency of state government, whose appointment is 29 subject to senate confirmation, must be introduced 30 -44- LSB 2094SQ (5) 85 jh 44/ 49
S.R. 5 to the full senate prior to a vote on confirmation 1 of the nominee. Additionally, any five (5) senators 2 may request that any nominee be introduced to the 3 senate by filing a written request with the secretary 4 of the senate within ten (10) legislative days of 5 the nominee’s name appearing in the journal. Any 6 individual nominated to a position requiring senate 7 confirmation may request to be introduced to the 8 full senate by notifying the secretary of the senate 9 at least one (1) legislative day in advance of the 10 nominee’s appearance. If an individual is nominated 11 both to fill a vacancy for an unexpired term and is 12 also nominated for reappointment to that position 13 during the same session, a single introduction is 14 sufficient for eligibility for confirmation to both 15 terms. 16 HEARINGS. Any member of a committee investigating 17 an appointment may, within five (5) legislative days 18 after the committee receives the appointment, obtain 19 a hearing with the nominee by filing a written request 20 with the secretary of the senate who shall forward it 21 to the chair of the standing committee and the chair 22 of the subcommittee. Notice of the hearing shall be 23 published in the journal at least two (2) legislative 24 days prior to the hearing. At the hearing, which 25 shall be before the subcommittee, the nominee may be 26 questioned as to his or her qualifications to fulfill 27 the office to which nominated and further questioned 28 as to his or her viewpoints on issues facing the office 29 to which nominated. Any senator may at the discretion 30 -45- LSB 2094SQ (5) 85 jh 45/ 49
S.R. 5 of the chair of the subcommittee be permitted to submit 1 oral questions. The public may, at the discretion of 2 the investigating committee, be permitted to submit 3 oral or written statements as to the qualifications of 4 the nominee. 5 Also, within five (5) legislative days after the 6 subcommittee receives an appointment for investigation, 7 any senator may submit written questions to be answered 8 by the nominee prior to consideration of the nominee’s 9 confirmation by the senate. 10 INFORMATIONAL MEETINGS. After a nominee has been 11 placed on the calendar and prior to the vote on 12 confirmation, any senator may request an informational 13 meeting on the nomination which shall be held before 14 the subcommittee. 15 VOTING ON CONFIRMATIONS. Upon the motion of the 16 majority leader or his or her designee, the nominees on 17 the en bloc confirmation calendar shall be confirmed 18 en bloc by the affirmative vote of two-thirds of the 19 members elected to the senate. The journal shall 20 reflect a single roll call accompanied by a statement 21 of the names of those individuals subject to the en 22 bloc confirmation vote. 23 Prior to an en bloc vote, any senator may request, 24 either in writing or from the floor, an individual vote 25 on any nominee on the en bloc confirmation calendar. 26 The senate shall vote separately on the nominee. 27 Nominees on the individual confirmation calendar 28 shall be confirmed by a two-thirds vote; however, the 29 senate shall take a separate roll call on each nominee, 30 -46- LSB 2094SQ (5) 85 jh 46/ 49
S.R. 5 unless by unanimous consent, it determines to take one 1 vote on all nominees under consideration. In any case, 2 the journal shall reflect a single roll call vote for 3 each nominee. 4 If an individual is nominated both to fill a vacancy 5 for an unexpired term and is also nominated for 6 reappointment to that position, and such appointment 7 and reappointment appear on the senate calendar as 8 eligible at the same time, a single vote is sufficient 9 for confirmation to both terms. 10 Rule 60 11 Time of Committee Passage and Consideration of Bills 12 1. This rule does not apply to concurrent or 13 simple resolutions, joint resolutions nullifying 14 administrative rules, senate confirmations, bills 15 embodying redistricting plans prepared by the 16 legislative services agency pursuant to chapter 17 42, or bills passed by both houses in different 18 forms. Subsection 2 of this rule does not apply to 19 appropriations bills, ways and means bills, government 20 oversight bills, legalizing acts, administrative 21 rules review committee bills, bills sponsored by 22 standing committees in response to a referral from 23 the president of the senate or the speaker of the 24 house of representatives relating to an administrative 25 rule whose effective date has been delayed until the 26 adjournment of the next regular session of the general 27 assembly by the administrative rules review committee, 28 bills cosponsored by the majority and minority floor 29 leaders of the senate, bills in conference committee, 30 -47- LSB 2094SQ (5) 85 jh 47/ 49
S.R. 5 and companion bills sponsored by the majority floor 1 leaders of both houses after consultation with the 2 respective minority floor leaders. For the purposes of 3 this rule, a joint resolution is considered as a bill. 4 To be considered an appropriations or ways and means 5 bill for the purposes of this rule, the appropriations 6 committee or the ways and means committee must either 7 be the sponsor of the bill or the committee of first 8 referral in the senate. 9 2. To be placed on the calendar in the senate a 10 senate bill must be first reported out of a standing 11 committee by Friday of the 8th week of the first 12 session and the 8th week of the second session. A 13 house bill must be first reported out of a standing 14 committee by Friday of the 12th week of the first 15 session and the 11th week of the second session to be 16 placed on the senate calendar. 17 3. During the 10th week of the first session and 18 the 9th week of the second session, the senate shall 19 consider only bills originating in the senate and 20 unfinished business. During the 13th week of the first 21 session and the 12th week of the second session, the 22 senate shall consider only bills originating in the 23 house and unfinished business. Beginning with the 24 14th week of the first session and the 13th week of the 25 second session, the senate shall consider only bills 26 passed by both houses, bills exempt from subsection 2 , 27 and unfinished business. 28 4. A motion to reconsider filed and not disposed 29 of on an action taken on a bill or resolution which is 30 -48- LSB 2094SQ (5) 85 jh 48/ 49
S.R. 5 subject to a deadline under this rule may be called up 1 at any time before or after the day of the deadline by 2 the person filing the motion or after the deadline by 3 the majority floor leader, notwithstanding any other 4 rule to the contrary. 5 BE IT FURTHER RESOLVED, That should a system 6 of deadlines for the time of committee passage and 7 consideration of bills be adopted by joint action 8 of the senate and house at any time during the 9 eighty-fourth eighty-fifth general assembly, those 10 provisions shall supersede the provisions of rule 60. 11 -49- LSB 2094SQ (5) 85 jh 49/ 49