Senate Resolution 3 - Introduced SENATE RESOLUTION NO. 3 BY DIX A Resolution relating to permanent rules of the senate 1 for the eighty-seventh general assembly. 2 BE IT RESOLVED BY THE SENATE, That the permanent 3 rules of the senate for the eighty-seventh general 4 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and Amendment of Rules 13 Whenever the senate is operating under temporary 14 rules, the rules may be amended or repealed, or 15 permanent rules may be adopted, by a constitutional 16 majority of the senators. After adoption of permanent 17 rules of the senate during any general assembly, the 18 rules may be amended or repealed by a constitutional 19 majority of the senators voting on a simple resolution. 20 Rule 3 21 Rules of Parliamentary Procedure 22 In cases not covered by senate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 3505SQ (12) 87 jh 1/ 48
S.R. 3 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, study bills, and resolutions introduced 4 in the first regular session of a general assembly, 5 except those which have been withdrawn, indefinitely 6 postponed, or have failed, shall carry over into the 7 second regular session and to any extraordinary session 8 of the same general assembly. Bills and resolutions 9 which have been voted upon on final passage by either 10 house in any session shall remain on the calendar in 11 the same status as at the end of the session at any 12 subsequent regular or extraordinary session. Except 13 as provided by this rule, upon the adjournment of the 14 first regular session and any extraordinary session, 15 each bill or resolution shall be automatically referred 16 back to the committee to which it was originally 17 assigned. The secretary of the senate shall publish in 18 the journal a list of the bills returned to committee 19 under this rule and shall present a list to the chairs 20 of the respective committees upon the convening of 21 the second regular session. Within seven days after 22 the first committee meeting after the convening of 23 the second regular session, committee chairs shall 24 either refer such bills and resolutions that have been 25 returned to their respective committees under this rule 26 to a subcommittee for consideration or indefinitely 27 postpone further consideration of such bills. The 28 committee chairs shall report to the senate the bill 29 or resolution number and the names of the subcommittee 30 -2- LSB 3505SQ (12) 87 jh 2/ 48
S.R. 3 members. 1 Rule 5 2 Regular Order of Daily Business 3 The following order shall govern, subject to any 4 special order: 5 1. Correction of the journal. 6 2. Senators to be excused. 7 3. Communications to the Senate. 8 4. Introduction of bills and resolutions. 9 5. Consideration of senate calendar. 10 Rule 6 11 Senate Calendar 12 1. Each legislative day the secretary of the senate 13 shall prepare a listing of bills to be known as the 14 “Senate Calendar”. 15 2. The senate calendar shall include separate 16 listings for any bills and resolutions in the following 17 categories: 18 a. Conference Committee Report 19 b. Bills in Conference Committee 20 c. House Amendment to Senate Amendment to House 21 File 22 d. House Refuses to Concur in Senate Amendment to 23 House File 24 e. Senate Files Amended by the House 25 f. Unfinished Business 26 g. Motions to Reconsider 27 h. Administrative Rules Nullification Resolutions 28 i. Veto Messages from the Governor 29 3. The secretary shall list bills and resolutions 30 -3- LSB 3505SQ (12) 87 jh 3/ 48
S.R. 3 in the above categories in numerical order. Upon 1 their first publication in the calendar, bills and 2 resolutions in the above categories may be called up 3 for debate at any time by the majority leader. Motions 4 to reconsider shall be called up as provided by Rule 5 24. 6 4. The senate calendar shall include a listing 7 of senate appropriations committee bills and bills 8 reported out by the senate appropriations committee. 9 The list shall be known as the “Appropriations 10 Calendar”. The secretary shall list the bills in 11 numerical order. Upon their first publication in the 12 calendar, bills on the appropriations calendar may be 13 called up for debate at any time by the majority leader 14 provided they are eligible under Rule 8. 15 5. The senate calendar shall include a listing 16 of bills which pertain to the levy, assessment or 17 collection of taxes sponsored by or initially assigned 18 to and reported out by the senate ways and means 19 committee. The list shall be known as the “Ways and 20 Means Calendar”. The secretary shall list the bills in 21 numerical order. Upon their first publication in the 22 calendar, bills on the ways and means 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 list of 26 bills and resolutions, known as the “Regular Calendar”, 27 which shall consist of bills and resolutions reported 28 out by a senate committee. The bills and resolutions 29 shall be listed in numerical order. Priority shall be 30 -4- LSB 3505SQ (12) 87 jh 4/ 48
S.R. 3 given to senate over house bills and resolutions. Upon 1 their first publication in the calendar, bills on the 2 regular calendar may be called up for debate at any 3 time by the majority leader, provided they are eligible 4 under Rule 8. 5 A bill reported out of committee which is 6 subsequently referred to the ways and means or 7 appropriations committee and then reported out of that 8 committee, shall be returned to the regular calendar in 9 numerical order. 10 7. The senate calendar shall include a listing of 11 the governor’s appointees to state boards, commissions, 12 and other offices requiring senate confirmation. This 13 listing shall be known as the “Confirmation Calendar”. 14 Names on the confirmation calendar may be called up 15 for confirmation at any time by the majority leader 16 provided they are eligible under rule 59. 17 8. The majority leader, or in the absence of the 18 majority leader the assistant majority leaders, may 19 select from among the bills on the previous legislative 20 day’s Senate calendar and from the bills selected 21 create a new listing which shall be known as the 22 “Tentative Debate Calendar”. A bill or resolution on 23 the tentative debate calendar may be debated only when 24 eligible under Rule 8. 25 9. If the senate shall not be in session on a day 26 assigned in paragraph eight for action upon a calendar, 27 such assigned action may occur on the next succeeding 28 legislative day. 29 10. On any bill called up for debate from any 30 -5- LSB 3505SQ (12) 87 jh 5/ 48
S.R. 3 calendar, debate may continue from day to day until 1 it is adopted, fails, or is postponed or deferred. If 2 further debate is postponed or deferred without a time 3 to continue being set, the bill shall be listed as 4 unfinished business. Bills that are returned to the 5 committee of first referral or to a different committee 6 after being considered by the senate and classified as 7 unfinished business shall be returned to the unfinished 8 business calendar by that committee when the bill is 9 reported out of committee. The unfinished business 10 date on the calendar shall be the date on which the 11 bill was returned to committee. 12 Rule 7 13 Reserved. 14 Rule 8 15 When Eligible for Consideration 16 Bills, resolutions, and appointments shall be 17 eligible for consideration by the senate as follows: 18 1. An appointment by the governor which requires 19 senate confirmation shall be eligible on the second 20 legislative day it is printed in the senate calendar as 21 provided by Rule 59. 22 2. A house or individually sponsored bill or 23 resolution reported out by a committee shall be 24 eligible on the second legislative day it is printed in 25 the senate calendar. 26 3. A committee bill or resolution sponsored by 27 the appropriations committee shall be eligible on the 28 second legislative day it is printed in the senate 29 calendar. 30 -6- LSB 3505SQ (12) 87 jh 6/ 48
S.R. 3 4. Any committee bill or resolution, other than 1 a bill or resolution sponsored by the appropriations 2 committee, shall be eligible on the third legislative 3 day it is printed in the senate calendar. 4 5. A bill that has been reported out to the 5 senate calendar, referred to a different committee 6 and reported out by that committee is eligible for 7 consideration by the senate on the day it would have 8 been eligible under subsection 2, 3, or 4, whichever 9 is applicable, as if the bill had been printed in the 10 calendar after having been reported out by the first 11 committee. 12 Rule 9 13 Debate and Decorum 14 Before addressing the senate, the senator shall 15 request recognition by depressing the “speak” device 16 and, when recognized, rise and respectfully address the 17 chair. 18 The senator shall confine all remarks to the 19 question under debate and shall avoid discussing 20 personalities or implication of improper motives. No 21 questions except by the senator recognized shall be 22 entertained after a senator is recognized to give final 23 remarks. 24 Rule 10 25 Point of Personal Privilege 26 A point of personal privilege shall only be 27 recognized immediately prior to adjournment for the 28 day when there is no motion pending or other business 29 being considered by the senate. Points of personal 30 -7- LSB 3505SQ (12) 87 jh 7/ 48
S.R. 3 privilege shall not be in order during the time when 1 appropriation subcommittees are scheduled to meet. 2 Senators speaking on a point of personal privilege 3 shall be limited to ten minutes. 4 Rule 11 5 Introduction and Presentation of Guests 6 Only former members of the senate and former and 7 present members of Congress shall be presented to 8 the senate, except that the president of the senate 9 may present a visitor whose presence is of special 10 significance to the senate. The introduction of 11 school groups accompanied by school officials shall 12 be announced by the president of the senate and shall 13 be recorded in the journal upon written request of a 14 member of the senate. Senators may be recognized to 15 introduce guests in the galleries when there is no 16 motion pending or other business being considered by 17 the senate. Introductions shall be limited to one 18 minute. 19 Rule 12 20 Form and Withdrawal of Motions, Amendments and 21 Signatures 22 Motions need not be in writing unless required by 23 the president or by the senate. No motion requires 24 a second. Any amendment, motion (including a motion 25 to reconsider), or resolution may be withdrawn by the 26 mover if it has not been amended by the senate and if 27 no amendment is pending. All amendments to bills, 28 resolutions, and reports shall be in writing and filed 29 before being acted upon by the senate. 30 -8- LSB 3505SQ (12) 87 jh 8/ 48
S.R. 3 No amendment, resolution, bill, or conference 1 committee report shall be considered by the senate 2 without a copy of the amendment, resolution, bill, or 3 conference committee report being on the desks of the 4 entire membership of the senate prior to consideration. 5 However, after the fourteenth week of the first session 6 and the twelfth week of the second session, amendments 7 and senate resolutions may be considered by the senate 8 without a copy of the amendment or senate resolution 9 being on the desks of the entire membership of the 10 senate if a copy of the amendment or senate resolution 11 is made available to the entire membership of the 12 senate electronically. However, such consideration 13 shall be deferred until a copy of the amendment or 14 senate resolution is on the desk of any senator who so 15 requests. 16 All amendments, reports, petitions or other 17 documents requiring a signature shall have the name 18 printed under the place for the signature. Once a 19 signature is affixed and the document containing the 20 signature filed with the recording clerk in the well, 21 that signature shall not be removed. 22 When an amendment to a main amendment is filed that 23 would negate the effect of the main amendment and 24 thereby leave the bill unchanged, the presiding officer 25 shall have the authority to declare the amendment to 26 the main amendment out of order, subject to an appeal 27 to the full senate. 28 When a house amendment to a senate file is before 29 the senate, an amendment to the house amendment shall 30 -9- LSB 3505SQ (12) 87 jh 9/ 48
S.R. 3 be considered an amendment in the first degree. 1 Regardless of its origin, an amendment in the third 2 degree shall be ruled out of order. 3 When a ruling on whether an amendment is or is not 4 germane is issued, the ruling shall be accompanied by 5 an explanation. 6 Rule 13 7 Order and Precedence of Motions and Amendments 8 When a question is under debate, no motion shall 9 be received but to adjourn, to recess, questions 10 of privilege, to lay on the table, for the previous 11 question, to postpone to a day certain, to refer, 12 to amend, to postpone indefinitely, to defer, or 13 incidental motions. A substitute is not in order 14 unless it is in the form of a motion to substitute. 15 Such motions shall have precedence in the order in 16 which they are named. No motion to postpone to a 17 day certain, to refer, or postpone indefinitely, 18 being decided, shall be again allowed on the same 19 day with regard to the same question. A motion to 20 strike out the enacting clause of a bill shall have 21 precedence over all amendments and, if carried, shall 22 be considered equivalent to the rejection of the bill. 23 A motion to strike everything after the enacting 24 clause has precedence over a committee amendment and 25 all other amendments except one to strike the enacting 26 clause. A committee amendment has precedence over all 27 other amendments except as provided in this rule. 28 A motion to rerefer a bill to committee may specify 29 when the committee shall report the bill to the senate. 30 -10- LSB 3505SQ (12) 87 jh 10/ 48
S.R. 3 If the motion is adopted in such form, the committee 1 must report the bill by the date and time specified 2 with or without recommendation or the bill shall 3 automatically be returned to the calendar. When the 4 bill is returned to the calendar, it shall occupy 5 the same position it occupied at the time the bill 6 was rereferred to the committee. If the committee 7 to which the bill is rereferred submits an amendment 8 in its report, that committee amendment shall take 9 precedence over other amendments except if that 10 committee amendment is in conflict with amendments 11 previously adopted, the committee amendment shall 12 not be considered until consideration of motions to 13 reconsider the previously adopted amendments result 14 in removing the conflict. A committee may not file 15 an amendment to a bill unless the bill is in the 16 committee’s possession. 17 Rule 14 18 Motions Before the Senate 19 Motions before the senate shall be displayed on the 20 electronic voting system display boards. 21 Rule 15 22 Nondebatable Motions 23 The following motions are not debatable: 24 Adjourn 25 Recess 26 Lift a Call of the Senate 27 Lay on Table or Take from Table 28 Previous Question 29 Reconsider vote by which bill was placed on last 30 -11- LSB 3505SQ (12) 87 jh 11/ 48
S.R. 3 reading. 1 A Motion to Reconsider and Lay the Motion to 2 Reconsider on the Table (Double-barreled Motion). 3 Rule 16 4 Division of the Question 5 Any senator may call for a division of a question, 6 which shall be divided if it includes propositions 7 so distinct that if one is taken away, a substantive 8 proposition shall remain in a technically proper form 9 for the decision of the senate. A motion to strike out 10 and insert is indivisible; but a motion to strike out, 11 if lost, shall not preclude amendments to the matter 12 attempted to be stricken or a motion to strike out and 13 insert. 14 Rule 17 15 The Previous Question 16 The previous question shall be in this form: “Shall 17 debate be closed on the pending question?” A motion 18 for the previous question may be adopted by a majority 19 of the senators present and voting. Its effect shall 20 be to put an end to debate and bring the senate to a 21 direct vote upon the pending question. However, any 22 senator who has not previously spoken on the pending 23 question and who, after the main question is taken up 24 and before the motion for the previous question has 25 been made, requested recognition by depressing the 26 “speak” device may speak no longer than five minutes 27 on the pending question. If action on the pending 28 question continues into another legislative day or is 29 deferred, the previous question shall apply and the 30 -12- LSB 3505SQ (12) 87 jh 12/ 48
S.R. 3 requests to be recognized shall be honored. 1 When the motion applies to an amendment, the senator 2 proposing the amendment shall have five minutes to 3 close debate on the amendment. 4 The senator handling the measure under consideration 5 shall have ten minutes to close debate on the main 6 question. 7 Rule 18 8 Call of the Senate 9 Ten senators may file in writing a call of the 10 senate on any single item of legislative business. 11 A call of the senate requires the presence of every 12 senator and is in order at any time prior to the vote 13 being announced by the president. The sergeant-at-arms 14 shall return promptly all absent senators. Debate 15 on the item may continue while absent senators are 16 returning, but no vote on the item is in order on it 17 until all have returned. Adoption of a motion to 18 recess or adjourn to a specific time will not lift 19 the call. The call may be lifted, or a senator may 20 be excused from the call without lifting the call, by 21 a vote of a constitutional majority of the senators. 22 Those senators excused prior to the filing of the call 23 are excused from the call. 24 Rule 19 25 Committee of the Whole 26 The senate may resolve itself into a committee of 27 the whole senate when it wishes to permit more free and 28 informal discussion. Persons other than senators may 29 appear and present information. 30 -13- LSB 3505SQ (12) 87 jh 13/ 48
S.R. 3 Any senator may move “that the senate now resolve 1 itself into a committee of the whole to consider” a 2 stated subject. 3 The president of the senate shall be chair of the 4 committee of the whole unless otherwise ordered by the 5 senate. 6 The procedure in committee of the whole is subject 7 to the rules of the senate. The previous question and 8 the motion to reconsider shall be in order. 9 The committee of the whole cannot take any final 10 action and its power is limited to recommendation to 11 the senate. The proceedings of the committee of the 12 whole, including any roll call vote, shall be printed 13 in the journal. 14 Any senator may at any time, except while voting or 15 while a senator has the floor, move that “the committee 16 rise” which is equivalent to a motion to adjourn. 17 After adoption of the motion to rise, the chair 18 may report to the senate in the same manner as other 19 committee reports are given. 20 Rule 20 21 Last Reading and Passage of Bills 22 When a motion to place a bill on its last reading is 23 lost, the same motion shall be in order at any later 24 time. After the last reading of a bill, no amendment 25 shall be received. The vote on final passage shall be 26 taken immediately without debate. 27 Rule 21 28 Engrossment of Bills 29 An engrossment is a proofreading and verification 30 -14- LSB 3505SQ (12) 87 jh 14/ 48
S.R. 3 in order to be certain that a bill before the senate is 1 identical with the original bill as introduced with all 2 amendments which have been adopted correctly inserted. 3 In an engrossed bill, all obvious typographical, 4 spelling or other clerical errors are corrected and 5 section or paragraph numbers and internal references 6 are changed as required to conform the original bill 7 to any amendments which have been adopted. All such 8 corrections or changes shall be reported in the journal 9 by the secretary of the senate. The engrossed bill 10 shall be placed in the bill file with the original bill 11 and amendments. 12 Rule 22 13 Manner of Voting 14 On voice vote, the question shall be distinctly put 15 in this form: “Those in favor of (the question) say 16 ’aye’.” “Those opposed to (the question) say ‘no’.” 17 A non-record or record roll call vote may be 18 requested by any senator or ordered by the president 19 any time before the results are announced. A 20 non-record roll call shall be requested by asking for a 21 “division”. A record roll call shall be requested by 22 asking for a “record”. Upon request for a non-record 23 or record roll call vote, the president shall announce 24 that such a non-record or record roll call vote has 25 been requested and shall state the question to be put 26 to the senate. The president then shall direct the 27 secretary of the senate to receive the votes. 28 Senators present may cast their votes, either 29 by operating the voting mechanism located at their 30 -15- LSB 3505SQ (12) 87 jh 15/ 48
S.R. 3 assigned desk or by signaling the president if they are 1 unable to vote at their assigned desk. The president 2 shall enter the votes of senators signaling their 3 votes. 4 After sufficient time has elapsed for all senators 5 present to record their votes, the president shall 6 direct the secretary of the senate to close the voting 7 system. The president shall still enter the senators’ 8 votes at any time prior to directing the secretary of 9 the senate to lock the voting system. The president 10 shall then immediately announce the vote. 11 During a record roll call vote, both individual 12 votes and vote totals shall be indicated on the display 13 boards and printed in the journal. On non-record 14 roll calls, only vote totals shall be indicated on the 15 display boards and printed in the journal. 16 In the event the electronic voting system is not 17 in operating order, the president shall direct the 18 secretary of the senate to take the non-record or 19 record roll call by calling the names of the senators 20 in alphabetical order. 21 Rule 23 22 Duty of Voting 23 Every senator present when a question is put shall 24 vote “aye”, “no”, or “present” unless previously 25 excused by the senate. Upon demand being made by any 26 senator, the secretary of the senate shall call in 27 alphabetical order the names of the senators not voting 28 or voting “present”. Those senators called shall vote 29 “aye” or “no” unless the senator states a personal 30 -16- LSB 3505SQ (12) 87 jh 16/ 48
S.R. 3 interest in the question or concludes that he or she 1 should not vote under the senate code of ethics. 2 Rule 24 3 Reconsideration 4 When a main motion has been decided by the senate, 5 any senator having voted on the prevailing side 6 may move to reconsider the vote on the same or next 7 legislative day. Motions to reconsider the vote on a 8 bill or resolution shall be in writing and filed with 9 the secretary of the senate. 10 Notwithstanding any time limitations applicable 11 to motions to reconsider main motions, a motion to 12 reconsider the vote on an amendment may be made at 13 any time before final disposition of the motion to 14 be amended. Such motion shall be in writing and 15 filed with the secretary of the senate. A motion to 16 reconsider an amendment to a main motion shall be taken 17 up for consideration only prior to the disposition of 18 the main motion or upon reconsideration of the main 19 motion. 20 A constitutional majority by a record roll call is 21 necessary to reconsider a bill or joint resolution. 22 During three legislative days from the date the motion 23 to reconsider a bill or resolution is filed, only the 24 mover may call it up. Thereafter, any senator may call 25 up the motion. If a date for adjournment has been set 26 by resolution of the senate, any senator may call up 27 a motion to reconsider at any time within three days 28 prior to the date set for adjournment. 29 If the motion to reconsider a bill or resolution 30 -17- LSB 3505SQ (12) 87 jh 17/ 48
S.R. 3 prevails, motions to reconsider amendments thereto 1 shall be in order and shall be disposed of without 2 delay. 3 A motion that any action taken by the senate be 4 reconsidered and the motion to reconsider be laid upon 5 the table shall be a single and indivisible motion, 6 known as the double-barreled motion, which, if carried, 7 shall have the effect of preventing reconsideration 8 unless a motion to take from the table prevails. 9 A constitutional majority is necessary for the 10 double-barreled motion to prevail on a bill or joint 11 resolution. The double-barreled motion can only be 12 made from the floor after the vote is announced and the 13 member who moved the final reading shall have priority 14 in making it. 15 A motion to reconsider and lay on the table shall 16 have priority over a motion to reconsider if they are 17 both filed on the same legislative day. 18 In the event that a motion to reconsider is pending 19 at the end of the first session or any extraordinary 20 session of any general assembly, or the general 21 assembly adjourns sine die, and the motion has not been 22 voted upon by the senate, it shall be determined to 23 have failed. 24 Rule 25 25 Suspension of Rules and Taking from Table 26 No standing rule or rules incorporated by reference 27 under Rule 3 or order of the senate shall be rescinded 28 or suspended, nor shall any matter, tabled upon 29 motion, be taken up, except by an affirmative vote of a 30 -18- LSB 3505SQ (12) 87 jh 18/ 48
S.R. 3 constitutional majority of the senate. 1 INTRODUCTION AND FORM OF BILLS 2 Rule 26 3 Time and Method of Introducing Bills and Amendments 4 All bills to be introduced in the senate shall be 5 typed in proper form by the legislative services agency 6 and shall be filed with the recording clerk. 7 All amendments shall be typed in proper form and 8 filed with the recording clerk not later than 4:30 9 p.m., or adjournment, whichever is later, in order to 10 be listed in the following day’s clip sheet. 11 An “impact amendment” is an amendment which 12 reasonably could have an annual effect of at least one 13 hundred thousand dollars or a combined total effect 14 within five years after enactment of five hundred 15 thousand dollars or more on the aggregate revenues, 16 expenditures or fiscal liability of the state or its 17 subdivisions. 18 An impact amendment to a bill which has been on 19 the calendar for at least three full legislative days 20 prior to its consideration shall not be taken up by the 21 senate unless: 22 1. a fiscal note is attached, and the amendment is 23 filed at least one legislative day prior to the date 24 set for consideration of the bill; or 25 2. the amendment is an appropriation or other 26 measure where the total effect is stated in dollar 27 amounts. 28 Rule 27 29 Limit on Introduction of Bills 30 -19- LSB 3505SQ (12) 87 jh 19/ 48
S.R. 3 No bill or joint resolution, except bills and 1 joint resolutions cosponsored by the majority and 2 minority floor leaders, or companion bills and joint 3 resolutions sponsored by the majority floor leaders of 4 both houses, shall be introduced in the senate after 5 4:30 p.m. on Friday of the fourth week of the first 6 regular session of a general assembly unless a formal 7 request for drafting the bill has been filed with the 8 legislative services agency before that time. After 9 adjournment of the first regular session, bills may 10 be prefiled at any time before the convening of the 11 second regular session. No bill shall be introduced 12 after 4:30 p.m. on Friday of the second week of the 13 second regular session of a general assembly unless a 14 formal request for drafting the bill has been filed 15 with the legislative services agency before that time. 16 However, standing committees may introduce bills and 17 joint resolutions at any time. A bill which relates 18 to departmental rules sponsored by the administrative 19 rules review committee and approved by a majority 20 of the members of the committee in each house may 21 be introduced at any time and must be referred to a 22 standing committee which must take action on the bill 23 within three weeks. Senate and concurrent resolutions 24 may be introduced at any time. 25 No bill, joint resolution, concurrent resolution 26 or senate resolution shall be introduced at any 27 extraordinary session unless sponsored by a standing 28 committee, the majority and minority floor leaders, or 29 the committee of the whole. 30 -20- LSB 3505SQ (12) 87 jh 20/ 48
S.R. 3 Rule 28 1 Introduction, Reading, and Form of Bills and 2 Resolutions 3 Every senate bill and resolution shall be introduced 4 by one or more senators or by any standing committee 5 of the senate and shall at once be given its first 6 reading. 7 If the senate is in session when a bill or 8 resolution is introduced, the first reading shall 9 consist of reading its file number, the title and 10 sponsor of the bill. If the senate is not in session 11 but a journal is published for the day, the first 12 reading shall consist of a journal entry of the bill’s 13 file number, title, sponsor and the notation “Read 14 first time under Rule 28”. 15 Any bill or resolution approved for introduction by 16 a standing committee during an interim period between 17 sessions of one General Assembly shall be introduced 18 without further action by the committee at the next 19 succeeding regular session of the same General Assembly 20 and placed immediately upon the regular calendar. 21 Every bill and resolution referred to committee 22 shall have received two readings before its passage. 23 The subject of every bill shall be expressed in its 24 title. 25 Rule 29 26 Explanations 27 No bill, except appropriation committee bills and 28 simple or concurrent resolutions, shall be introduced 29 unless a concise and accurate explanation is attached. 30 -21- LSB 3505SQ (12) 87 jh 21/ 48
S.R. 3 The chief sponsor or a committee to which the bill has 1 been referred may add a revised explanation at any time 2 before the last reading, and it shall be included in 3 the daily clip sheet. 4 Rule 30 5 Resolutions 6 A “senate resolution” is a resolution acted upon 7 only by the senate which relates to an accomplishment 8 of national or international status; the dedication 9 of a day by a statewide or national group; the 10 one hundredth, one hundred twenty-fifth, or one 11 hundred fiftieth anniversary of a local government 12 or organization; the recognition of state ties to 13 other governments; the retirement of a senator 14 or long-time senate employee; or to rules and 15 administrative matters, including the appointment 16 of special committees, within the senate. A senate 17 resolution requires the affirmative vote of a majority 18 of the senators present and voting, unless otherwise 19 required in these rules. A senate resolution shall 20 be filed with the secretary of the senate. A senate 21 resolution shall be printed in the bound journal after 22 its adoption and in the daily journal upon written 23 request to the secretary of the senate by the sponsor 24 of the resolution. Other expressions of sentiment 25 or recognition may be made with the issuance of a 26 certificate of recognition. 27 Rule 31 28 Nullification Resolutions 29 A nullification resolution may be introduced 30 -22- LSB 3505SQ (12) 87 jh 22/ 48
S.R. 3 by a standing committee, the administrative rules 1 review committee, or any member of the senate. 2 A nullification resolution introduced by the 3 administrative rules review committee or a member 4 of the senate shall be referred to the same standing 5 committee it would be referred to if it was a bill. 6 Any nullification resolution may be referred to the 7 administrative rules review committee by a majority 8 vote of the standing committee which introduced it 9 or to which it was referred. The administrative 10 rules review committee may seek an agreement with the 11 affected administrative agency wherein the agency 12 agrees to voluntarily rescind or modify a rule or rules 13 relating to the subject matter of the nullification 14 resolution. An agreement to voluntarily rescind 15 or modify an administrative agency rule shall be in 16 writing and signed by the chief administrative officer 17 of the administrative agency and a majority of the 18 administrative rules review committee members of each 19 house and shall be placed on file in the offices of 20 the chief clerk of the house, the secretary of the 21 senate and the secretary of state. If an agreement is 22 not reached, or the nullification resolution is not 23 approved by a majority of the administrative rules 24 review committee members of each house, within two 25 weeks of the date the resolution is referred to the 26 administrative rules review committee, the resolution 27 shall be placed on the calendar. If the nullification 28 resolution is approved by the administrative rules 29 review committee it shall be placed on the calendar. 30 -23- LSB 3505SQ (12) 87 jh 23/ 48
S.R. 3 A nullification resolution is subject to a motion to 1 withdraw the nullification resolution as provided in 2 rule 42. 3 A nullification resolution is debatable, but cannot 4 be amended on the floor of the senate. 5 Rule 32 6 Resolutions, Applicable Rules 7 All rules applicable to bills shall apply to 8 resolutions, except as otherwise provided in the rules. 9 Rule 33 10 Study Bills 11 1. A study bill is any matter which a senator 12 wishes to have considered by a standing committee or 13 appropriations subcommittee for introduction as a 14 committee bill or resolution. The term “study bill” 15 includes “proposed bills” provided for in Rule 37 and 16 departmental requests prefiled in the manner specified 17 in section 2.16 of the Code. 18 2. A study bill shall bear the name of the member 19 who wishes to have the bill considered. A study bill 20 proposed by a state agency shall bear the name of the 21 agency. A committee chair may submit a study bill in 22 the name of that committee. 23 3. Upon first receiving a study bill from a 24 senator, a committee chairperson shall submit three 25 copies to the secretary of the senate. Study bills 26 received in the secretary of the senate’s office before 27 3:00 p.m. shall be filed, numbered, and reported in 28 the journal for that day. Study bills received in the 29 secretary of the senate’s office after 3:00 p.m. shall 30 -24- LSB 3505SQ (12) 87 jh 24/ 48
S.R. 3 be filed, numbered, and reported in the journal for the 1 subsequent day. The secretary shall number such bills 2 in consecutive order. The secretary shall maintain a 3 record of all study bills and their assigned number. 4 Committee records shall refer to study bills by the 5 number assigned by the secretary. 6 4. The secretary shall file a report in the journal 7 of each study bill received. The report shall show 8 the study bill number, its title or subject matter 9 and the committee which is considering it. If a study 10 bill is referred to a subcommittee, then the committee 11 chairperson shall report in the journal the names of 12 the subcommittee members to which it is assigned. 13 5. A study bill not prepared by the legislative 14 services agency may be submitted to a standing 15 committee, but shall not be considered by the full 16 committee unless reviewed and typed in proper form by 17 the legislative services agency. 18 COMMITTEES AND COMMITMENT 19 Rule 34 20 Committee Appointments 21 Committee appointments shall be made by the majority 22 leader for members of the majority, after consultation 23 with the president, and by the minority leader for 24 members of the minority, after consultation with 25 the president. No senator shall serve on more than 26 six standing committees. The majority leader, after 27 consultation with the president, shall designate the 28 chairperson and vice-chairperson of each standing 29 committee. The minority leader, after consultation 30 -25- LSB 3505SQ (12) 87 jh 25/ 48
S.R. 3 with the president, shall designate the ranking member 1 of each standing committee from the minority membership 2 of that committee. 3 Rule 35 4 Standing Committees 5 The names of the standing committees of the senate 6 shall be: 7 Agriculture 8 Appropriations 9 Commerce 10 Education 11 Government Oversight 12 Human Resources 13 Judiciary 14 Labor and Business Relations 15 Local Government 16 Natural Resources and Environment 17 Rules and Administration 18 State Government 19 Transportation 20 Veterans Affairs 21 Ways and Means 22 Rule 36 23 Committee on Rules and Administration 24 The committee on rules and administration shall 25 recommend rules and rule changes to the senate, shall 26 hire senate employees, shall recommend salary scales 27 for all senate employees, and shall oversee senate 28 budget and administration matters. 29 The committee on rules and administration will 30 -26- LSB 3505SQ (12) 87 jh 26/ 48
S.R. 3 select, for senate approval, an individual to serve as 1 secretary of the senate. 2 The committee shall have the following standing 3 subcommittees: 4 1. Joint Rules 5 2. Senate Rules 6 3. Administrative Services 7 4. Caucus Services 8 The majority leader shall serve as chair of the 9 rules and administration committee and as chair of 10 the standing subcommittee on caucus services. The 11 president of the senate shall serve as vice-chair of 12 the rules and administration committee, and as chair of 13 the subcommittee on administrative services. 14 Rule 37 15 Appropriations Committee 16 The appropriations committee shall receive bills 17 committed to it and shall assign each to one of the 18 appropriations subcommittees. 19 The appropriations subcommittees shall be named: 20 Administration and Regulation 21 Agriculture and Natural Resources 22 Economic Development 23 Education 24 Health and Human Services 25 Justice System 26 Transportation, Infrastructure, and Capitals 27 The appropriations subcommittees shall receive 28 bills assigned to them or may originate proposed bills 29 within the subcommittee’s jurisdiction as defined by 30 -27- LSB 3505SQ (12) 87 jh 27/ 48
S.R. 3 the appropriations committee for consideration by the 1 appropriations committee. Each subcommittee may submit 2 amendments to bills together with the subcommittee’s 3 recommended action to the appropriations committee. 4 If a bill or proposed bill is submitted to the 5 appropriations committee by an appropriations 6 subcommittee the appropriations committee may: 7 1. report the bill or approve the proposed bill for 8 introduction by the appropriations committee; 9 2. report the bill with any appropriations 10 committee-approved amendments incorporated; 11 3. draft a new bill for sponsorship by the 12 appropriations committee and report it; or 13 4. re-refer it together with the appropriations 14 committee’s objections to the appropriations 15 subcommittee from which it was originally referred or 16 which originated the draft bill. 17 The appropriations committee and subcommittees may 18 meet jointly with the appropriations committee of the 19 house of representatives. 20 Rule 38 21 First Reading and Commitment 22 Upon the first reading of an individual bill or 23 resolution, or a house committee bill or resolution, 24 the president shall refer the bill or resolution to 25 an appropriate standing committee. If the bill or 26 resolution is a senate committee bill or resolution, 27 the president shall place it on the calendar after 28 its first reading. If the subject of the bill or 29 resolution is not germane to the title of the committee 30 -28- LSB 3505SQ (12) 87 jh 28/ 48
S.R. 3 presenting it, the president of the senate may refer it 1 to a committee deemed appropriate. 2 All bills carrying an appropriation for any purpose 3 or involving the expenditure of state funds shall be 4 referred to the committee on appropriations. 5 All bills pertaining to the levy, assessment or 6 collection of taxes or fees shall be referred to the 7 committee on ways and means. 8 Any bill which provides for a new state board, 9 commission, agency or department or makes separate or 10 autonomous an existing state board, commission, agency 11 or department, shall be referred to the committee 12 on state government. If the bill or resolution is 13 so referred after being sponsored or reported out 14 by another committee, and if the committee on state 15 government does not report out the bill or resolution 16 within ten legislative days after referral, the bill 17 or resolution shall automatically be restored to the 18 calendar with the same priority it had immediately 19 before referral. 20 This rule shall also apply when such provisions are 21 added to a bill or resolution by amendment adopted by 22 the senate. 23 Rule 39 24 Rules for Standing Committees 25 The following rules shall govern all standing 26 committees of the senate. Any committee may adopt 27 additional rules which are consistent with these rules: 28 1. A majority of the members shall constitute a 29 quorum. 30 -29- LSB 3505SQ (12) 87 jh 29/ 48
S.R. 3 2. The chair of a committee shall refer each bill 1 and resolution to a subcommittee within seven days 2 after the bill or resolution has been referred to 3 the committee. The chair may appoint subcommittees 4 for study of bills and resolutions without calling a 5 meeting of the committee, but the subcommittee must 6 be announced at the next meeting of the committee. No 7 bill or resolution shall be reported out of a committee 8 until the next meeting after the subcommittee is 9 announced, except that the chair of the appropriations 10 committee may make the announcement of the assignment 11 to a subcommittee by placing a notice in the journal. 12 Any bill so assigned by the appropriations committee 13 chair shall be eligible for consideration by the 14 committee upon report of the subcommittee but not 15 sooner than three legislative days following the 16 publication of the announcement in the journal. 17 When a bill or resolution has been assigned to a 18 subcommittee, the chair shall report to the senate 19 the bill or resolution number and the names of the 20 subcommittee members and such reports shall be reported 21 in the journal. Subcommittee assignments shall be 22 reported to the journal daily. Reports filed before 23 3:00 p.m. shall be printed in the journal for that day; 24 reports filed after 3:00 p.m. shall be printed in the 25 journal for the subsequent day. 26 Where standing subcommittees of any committee have 27 been named, the names of the members and the title of 28 the subcommittee shall be published once and thereafter 29 publication of assignments may be made by indicating 30 -30- LSB 3505SQ (12) 87 jh 30/ 48
S.R. 3 the title of the subcommittee. 1 3. No bill or resolution shall be considered by a 2 committee until it has been referred to a subcommittee 3 and the subcommittee has made its report unless 4 otherwise ordered by a majority of the members. 5 4. The rules adopted by a committee, including 6 subsections 2, 3, 9, 10, 11, and 12 of this rule, may 7 be suspended by an affirmative vote of a majority of 8 the members of the committee. 9 5. The affirmative vote of a majority of the 10 members of a committee is needed to sponsor a committee 11 bill or resolution or to report a bill or resolution 12 out for passage. 13 6. The vote on all bills and resolutions shall be 14 by roll call unless a short-form vote is unanimously 15 agreed to by the committee. A record shall be kept by 16 the secretary. 17 7. No committee, except a conference committee, is 18 authorized to meet when the senate is in session. 19 8. A subcommittee shall not report a bill to the 20 committee unless the bill has been typed into proper 21 form by the legislative services agency. 22 9. A bill or resolution shall not be voted upon the 23 same day a public hearing called under subsection 10 is 24 held on that bill or resolution. 25 10. Public hearings may be called at the discretion 26 of the chair. The chair shall call a public hearing 27 upon the written request of one-half the membership of 28 the committee. The chair shall set the time and place 29 of the public hearing. 30 -31- LSB 3505SQ (12) 87 jh 31/ 48
S.R. 3 11. A subcommittee chair must notify the committee 1 chair not later than one legislative day prior to 2 bringing the bill or resolution before the committee. 3 The committee cannot vote on a bill or resolution for 4 at least one full day following the receipt of the 5 subcommittee report by the chairperson. 6 12. A motion proposing action on a bill or 7 resolution that has been defeated by a committee shall 8 not be voted upon again at the same meeting of the 9 committee. 10 13. Committee meetings shall be open. 11 Rule 40 12 Voting in Committee 13 All committee meetings shall be open at all times. 14 Voting by secret ballot is prohibited. Roll call votes 15 shall be taken in each committee when final action on 16 any bill or resolution is voted, unless a short-form 17 vote is unanimously agreed to by the committee. A roll 18 call vote also shall be taken in each committee at the 19 request of a member upon any amendment or motion. All 20 results shall be entered in the minutes which shall be 21 public records. Records of these votes shall be made 22 available by the chair or the committee secretary at 23 any time. This rule also applies to the appropriations 24 subcommittees. 25 The committee shall not authorize the introduction 26 of a committee bill or resolution until the members 27 have received final copies of the bill or resolution 28 with amendments or changes incorporated, and typed 29 into proper form by the legislative services agency. 30 -32- LSB 3505SQ (12) 87 jh 32/ 48
S.R. 3 The committee may, by unanimous consent, dispense with 1 this requirement and instruct the legislative services 2 agency to file a report with the committee members 3 detailing the amendments or changes and this report 4 shall become a part of the committee report. 5 Rule 41 6 Announcement of Committee Meetings 7 It shall be in order for the chair of any committee 8 to announce to the senate the time and place of 9 committee meetings. The announcement shall include a 10 proposed agenda for the meeting. The sergeant-at-arms 11 shall post at the rear of the chamber the daily 12 schedule of committee meetings. 13 Rule 42 14 Withdrawal of Bills and Resolutions from Committee 15 The secretary of the senate shall note on each bill 16 and resolution the date of its reference to committee. 17 No bill or resolution shall be withdrawn from any 18 committee within fifteen legislative days after the 19 bill or resolution has been referred to the committee 20 and thereafter only upon written petition for the 21 withdrawal of such bill or resolution signed by a 22 constitutional majority of the senators, except as 23 provided in Rule 38. Only senators may circulate such 24 a petition. 25 Rule 43 26 Committee Reports 27 All committees shall file a report of committee 28 meetings. Such reports shall contain the following 29 information: 30 -33- LSB 3505SQ (12) 87 jh 33/ 48
S.R. 3 a. The time the meeting convened; 1 b. Those senators who were present and absent at 2 the time the meeting convened, as well as the time any 3 senator, who was not present at the time the meeting 4 convened, arrives for the meeting; 5 c. The vote on any bill or resolution reported out 6 of the committee for floor action; 7 d. The title of the bill; 8 e. The file number of the bill or resolution (if 9 known); 10 f. Whether the committee recommends that the 11 bill or resolution be passed, amended and passed, 12 indefinitely postponed, or considered without committee 13 recommendation; 14 g. An indication of other bills or matters 15 discussed; 16 h. Such other matters as the committee chair shall 17 direct; and 18 i. The time the meeting adjourned. 19 No committee report shall be read, but all committee 20 reports shall be printed in the journal. Upon 21 printing, all committee reports shall then stand 22 approved unless the senate directs otherwise. 23 Rule 44 24 Bills or Resolutions Recommended for Indefinite 25 Postponement 26 No senate bill or resolution recommended for 27 indefinite postponement shall be considered in the 28 absence of the chief sponsor or, if a house bill or 29 resolution, in the absence of the senator representing 30 -34- LSB 3505SQ (12) 87 jh 34/ 48
S.R. 3 the district in which the sponsor resides. When a 1 question is postponed indefinitely, it shall not be 2 again acted upon during that session of the general 3 assembly. 4 GENERAL RULES 5 Rule 45 6 Access to Senate Chamber and Decorum 7 The persons who shall have access to the senate 8 chamber, and the times access shall be available, and 9 the rules governing activities in the chamber and other 10 areas controlled by the senate shall be as prescribed 11 by the rules and administration committee pursuant to a 12 written policy adopted by the committee and filed with 13 the secretary of the senate. 14 Rule 46 15 Legislative Interns and Aides 16 Legislative interns for senators shall be allowed 17 on the floor of the senate in accordance with Rule 45; 18 provided that each intern first has obtained a name 19 badge from the secretary of the senate. The secretary 20 of the senate shall issue an appropriate badge to all 21 interns for senators. 22 Rule 47 23 Clearing of Lobby and Gallery 24 In case of disturbance or disorderly conduct in the 25 lobby or gallery, the presiding officer may order it 26 cleared. 27 Rule 48 28 Presentation of Petitions 29 Each petition shall contain a brief statement of its 30 -35- LSB 3505SQ (12) 87 jh 35/ 48
S.R. 3 subject matter and the name of the senator presenting 1 it. Petitions shall be filed with the secretary of the 2 senate and noted in the journal. 3 Rule 49 4 Distribution of Printed Material 5 No general distribution of printed material in 6 the senate shall be allowed unless authorized by the 7 secretary of the senate or by a senator. 8 Rule 50 9 Concerning the Printing of Papers 10 Any paper, other than that contemplated by Section 11 10, Article III of the Constitution of the State of 12 Iowa, presented to the senate may, with the consent of 13 a constitutional majority, be printed in the journal. 14 Rule 51 15 Reprinting of Documents 16 When any bill has been substantially amended by the 17 senate, the secretary of the senate shall order the 18 bill reprinted on paper of a different color. All 19 adopted amendments inserting new material shall be 20 distinguishable. 21 The secretary of the senate may order the printing 22 of a reasonable number of additional copies of bills, 23 resolutions, amendments or journals. 24 OFFICERS AND EMPLOYEES 25 Rule 52 26 Duties of the President 27 The senate shall elect, from its membership, a 28 president. The president shall call the senate to 29 order at the hour to which the senate is adjourned and 30 -36- LSB 3505SQ (12) 87 jh 36/ 48
S.R. 3 shall proceed with the regular order of daily business. 1 The president shall preserve order and decorum and 2 decide all questions of order and corrections to the 3 journal. The president shall direct voting as provided 4 in rule 22. When a ruling on whether an amendment 5 is or is not germane is issued, the ruling shall be 6 accompanied by an explanation. The president of the 7 senate shall be the chair of the committee of the whole 8 unless otherwise ordered by the senate, under rule 19. 9 Upon the first reading of an individual bill or 10 resolution, or a house committee bill or resolution, 11 the president shall refer the bill or resolution to 12 the appropriate standing committee. If the bill or 13 resolution is a senate committee bill or resolution, 14 the president shall place it on the calendar after 15 its first reading. If the subject of the bill or 16 resolution is not germane to the title of the committee 17 presenting it, the president of the senate may refer it 18 to the appropriate committee. 19 The president shall sign legislative enactments upon 20 their enrolling. 21 The president of the senate shall serve as a member 22 of the legislative council and the senate rules and 23 administration committee. The president shall serve 24 on the rules and administration committee as chair of 25 the standing subcommittee designated to supervise the 26 secretary of the senate and other employees of the 27 administrative services division of the senate. 28 Rule 53 29 The President Pro Tempore 30 -37- LSB 3505SQ (12) 87 jh 37/ 48
S.R. 3 The senate shall elect, from its membership, a 1 president pro tempore. When the president is absent, 2 the president pro tempore shall preside, except when 3 the chair is filled by temporary appointment by the 4 president or the majority leader. 5 The president pro tempore, when presiding, shall 6 perform duties as prescribed in rule 52, paragraphs 1 7 and 2. 8 The president pro tempore shall serve as a member of 9 the legislative council and as a member of the senate 10 committee on rules and administration. 11 Rule 54 12 Secretary of the Senate 13 The secretary of the senate shall be a nonpartisan 14 officer of the senate and shall: 15 1. Serve as chief administrative officer of the 16 senate. 17 2. Have charge of the secretary’s desk. 18 3. Be responsible for the custody and safekeeping 19 of all bills, resolutions, and amendments filed, except 20 while they are in the custody of a committee. 21 4. Have charge of the daily journal. 22 5. Have control of all rooms assigned for the use 23 of the senate. 24 6. Keep a detailed record of senate action on all 25 bills and resolutions. 26 7. Insert adopted amendments into bills before 27 transmittal to the house of representatives and prior 28 to final enrollment. 29 8. Prescribe the duties of and supervise all senate 30 -38- LSB 3505SQ (12) 87 jh 38/ 48
S.R. 3 employees. 1 9. Authorize all expenditures of funds within the 2 senate budget. 3 10. The secretary of the senate shall also act as 4 senate parliamentarian and shall: 5 a. Advise the presiding officer of the senate 6 about parliamentary procedures during deliberations of 7 the senate. 8 b. Perform other duties as prescribed by the 9 committee on rules and administration. 10 c. Process the handling of amendments when filed 11 and during the floor consideration of bills. 12 Rule 55 13 Legal Counsel 14 The legal counsel shall be the secretary of the 15 senate or a contractual employee of the senate and 16 shall: 17 1. Serve as attorney and counselor for the senate. 18 2. At the request of the majority or minority 19 leaders, research any legal issue in which the senate 20 has an interest. However, the legal counsel shall not 21 issue nor venture any opinions on unresolved questions 22 of law unless permitted by both the majority and 23 minority leaders. 24 Rule 56 25 Sergeant-at-Arms 26 The sergeant-at-arms shall be an employee of the 27 senate and shall: 28 1. Wear the appropriate badge of his or her office. 29 2. Attend the senate during its sessions. 30 -39- LSB 3505SQ (12) 87 jh 39/ 48
S.R. 3 3. Aid in the enforcement of order under the 1 direction of the president of the senate and the 2 secretary of the senate. 3 4. Execute the commands of the senate. 4 5. See that no unauthorized person disturbs the 5 contents of the senators’ desks. 6 6. Supervise the doorkeepers, the assistant 7 sergeant-at-arms, and pages. 8 7. Announce all delegations from the governor or 9 house. 10 8. Supervise the seating of visitors and press 11 representatives. 12 Rule 57 13 Senate Secretaries 14 Every senator shall be permitted to employ for each 15 session of a general assembly a personally selected 16 secretary. 17 Rule 58 18 Use of Electronic Voting System 19 Any officer or employee of the senate, other than 20 a duly elected member of the senate, who operates the 21 electronic voting machine mechanism located at the 22 desk of said member of the senate shall be subject to 23 immediate termination from employment. The provisions 24 of this paragraph shall not apply to the use of the 25 page bell or to testing of the electronic voting 26 system. 27 CONFIRMATION OF APPOINTMENTS 28 Rule 59 29 Appointments 30 -40- LSB 3505SQ (12) 87 jh 40/ 48
S.R. 3 The secretary of the senate shall: 1 a. send, to each appointee submitted by the 2 governor for senate confirmation, a copy of a 3 senate questionnaire as approved by the rules and 4 administration committee; 5 b. receive completed questionnaires from appointees 6 and forward copies of the completed questionnaires to 7 appropriate committee members; 8 c. maintain “Confirmation Calendar” categories 9 on the senate calendar as directed under this rule, 10 senate rule 6, and by the committee on rules and 11 administration. No appointee shall be listed as 12 eligible on the confirmation calendar until the 13 secretary has received the appointee’s completed senate 14 questionnaire. 15 As soon as possible after the convening of a 16 session, and again within one week following March 17 1, the secretary of the senate shall publish in the 18 senate journal the names of all nominees submitted 19 for confirmation. The secretary of the senate shall 20 maintain a file of all appointments received from the 21 governor for confirmation. The file shall contain 22 a description of the duties and the compensation 23 for each nominee. The file shall show the date an 24 appointment was received from the governor, the date 25 the appointment was published in the journal, whether 26 the nominee has been introduced, whether a committee 27 report has been filed, when the senate questionnaire 28 was sent to the appointee, and shall include a copy of 29 the appointee’s completed senate questionnaire, upon 30 -41- LSB 3505SQ (12) 87 jh 41/ 48
S.R. 3 receipt. 1 INVESTIGATING COMMITTEES. All appointments received 2 from the governor shall be referred to the rules 3 and administration committee by the secretary of 4 the senate on the same day they are published in 5 the senate journal. The rules and administration 6 committee shall establish an en bloc confirmation 7 calendar which must be filed with the secretary of 8 the senate. Within three (3) legislative days after 9 receiving an appointment, the committee shall either 10 place a nominee on the en bloc confirmation calendar 11 or assign the nominee to an appropriate standing 12 committee for further investigation, publishing notice 13 of such assignment in the senate journal for the next 14 legislative day. If the rules and administration 15 committee fails to take action on a nominee within the 16 three days, the nominee shall automatically be placed 17 on the en bloc confirmation calendar. 18 Within the three (3) legislative days after an 19 appointment has been referred to the rules and 20 administration committee, any ten senators may 21 require that the nominee be assigned to an appropriate 22 standing committee by filing a written, signed 23 request therefor with the chairperson of the rules and 24 administration committee. The committee chair shall 25 refer the appointment to a subcommittee within one (1) 26 legislative day after a standing committee receives 27 an appointment for further investigation, publishing 28 notice of such assignment in the senate journal for the 29 next legislative day. Within ten (10) legislative days 30 -42- LSB 3505SQ (12) 87 jh 42/ 48
S.R. 3 after a standing committee receives an appointment for 1 further investigation the subcommittee shall file its 2 report with the standing committee. 3 Within fourteen (14) legislative days after a 4 standing committee receives an appointment for 5 further investigation, the committee shall conduct 6 an investigation of the nominee and file its report 7 thereon with the secretary of the senate, who shall 8 then place the nominee on the en bloc calendar or 9 individual confirmation calendar as directed by 10 the committee. The failure of a committee to file 11 its report within the prescribed time means that 12 the nominee is to be automatically placed, without 13 recommendation, upon the individual confirmation 14 calendar. 15 Any individual nominated to head a department or 16 agency of state government, whose appointment is 17 subject to senate confirmation, must be introduced 18 to the full senate prior to a vote on confirmation 19 of the nominee. Additionally, any five (5) senators 20 may request that any nominee be introduced to the 21 senate by filing a written request with the secretary 22 of the senate within ten (10) legislative days of 23 the nominee’s name appearing in the journal. Any 24 individual nominated to a position requiring senate 25 confirmation may request to be introduced to the 26 full senate by notifying the secretary of the senate 27 at least one (1) legislative day in advance of the 28 nominee’s appearance. If an individual is nominated 29 both to fill a vacancy for an unexpired term and is 30 -43- LSB 3505SQ (12) 87 jh 43/ 48
S.R. 3 also nominated for reappointment to that position 1 during the same session, a single introduction is 2 sufficient for eligibility for confirmation to both 3 terms. 4 HEARINGS. Any member of a committee investigating 5 an appointment may, within five (5) legislative days 6 after the committee receives the appointment, obtain 7 a hearing with the nominee by filing a written request 8 with the secretary of the senate who shall forward it 9 to the chair of the standing committee and the chair 10 of the subcommittee. Notice of the hearing shall be 11 published in the journal at least two (2) legislative 12 days prior to the hearing. At the hearing, which 13 shall be before the subcommittee, the nominee may be 14 questioned as to his or her qualifications to fulfill 15 the office to which nominated and further questioned 16 as to his or her viewpoints on issues facing the office 17 to which nominated. Any senator may at the discretion 18 of the chair of the subcommittee be permitted to submit 19 oral questions. The public may, at the discretion of 20 the investigating committee, be permitted to submit 21 oral or written statements as to the qualifications of 22 the nominee. 23 Also, within five (5) legislative days after the 24 subcommittee receives an appointment for investigation, 25 any senator may submit written questions to be answered 26 by the nominee prior to consideration of the nominee’s 27 confirmation by the senate. 28 INFORMATIONAL MEETINGS. After a nominee has been 29 placed on the calendar and prior to the vote on 30 -44- LSB 3505SQ (12) 87 jh 44/ 48
S.R. 3 confirmation, any senator may request an informational 1 meeting on the nomination which shall be held before 2 the subcommittee. 3 VOTING ON CONFIRMATIONS. Appointments received from 4 the governor for senate confirmation during any session 5 of a general assembly shall be acted upon prior to 6 adjournment of that session as provided by section 2.32 7 of the Code. Upon the motion of the majority leader 8 or his or her designee, the nominees on the en bloc 9 confirmation calendar shall be confirmed en bloc by the 10 affirmative vote of two-thirds of the members elected 11 to the senate. The journal shall reflect a single roll 12 call accompanied by a statement of the names of those 13 individuals subject to the en bloc confirmation vote. 14 Prior to an en bloc vote, any senator may request, 15 either in writing or from the floor, an individual vote 16 on any nominee on the en bloc confirmation calendar. 17 The senate shall vote separately on the nominee. 18 Nominees on the individual confirmation calendar 19 shall be confirmed by a two-thirds vote; however, the 20 senate shall take a separate roll call on each nominee, 21 unless by unanimous consent, it determines to take one 22 vote on all nominees under consideration. In any case, 23 the journal shall reflect a single roll call vote for 24 each nominee. 25 If an individual is nominated both to fill a vacancy 26 for an unexpired term and is also nominated for 27 reappointment to that position, and such appointment 28 and reappointment appear on the senate calendar as 29 eligible at the same time, a single vote is sufficient 30 -45- LSB 3505SQ (12) 87 jh 45/ 48
S.R. 3 for confirmation to both terms. 1 Rule 60 2 Time of Committee Passage and Consideration of Bills 3 1. This rule does not apply to concurrent or 4 simple resolutions, joint resolutions nullifying 5 administrative rules, senate confirmations, bills 6 embodying redistricting plans prepared by the 7 legislative services agency pursuant to chapter 8 42, or bills passed by both houses in different 9 forms. Subsection 2 of this rule does not apply to 10 appropriations bills, ways and means bills, government 11 oversight bills, legalizing acts, administrative 12 rules review committee bills, bills sponsored by 13 standing committees in response to a referral from 14 the president of the senate or the speaker of the 15 house of representatives relating to an administrative 16 rule whose effective date has been delayed or whose 17 applicability has been suspended until the adjournment 18 of the next regular session of the general assembly 19 by the administrative rules review committee, bills 20 cosponsored by the majority and minority floor leaders 21 of the senate, bills in conference committee, and 22 companion bills sponsored by the majority floor leaders 23 of both houses after consultation with the respective 24 minority floor leaders. For the purposes of this rule, 25 a joint resolution is considered as a bill. To be 26 considered an appropriations or ways and means bill for 27 the purposes of this rule, the appropriations committee 28 or the ways and means committee must either be the 29 sponsor of the bill or the committee of first referral 30 -46- LSB 3505SQ (12) 87 jh 46/ 48
S.R. 3 in the senate. 1 2. To be placed on the calendar in the senate a 2 senate bill must be first reported out of a standing 3 committee by Friday of the 8th week of the first 4 session and the 8th week of the second session. A 5 house bill must be first reported out of a standing 6 committee by Friday of the 12th week of the first 7 session and the 11th week of the second session to be 8 placed on the senate calendar. 9 3. During the 10th week of the first session and 10 the 9th week of the second session, the senate shall 11 consider only bills originating in the senate and 12 unfinished business. During the 13th week of the first 13 session and the 12th week of the second session, the 14 senate shall consider only bills originating in the 15 house and unfinished business. Beginning with the 16 14th week of the first session and the 13th week of the 17 second session, the senate shall consider only bills 18 passed by both houses, bills exempt from subsection 2, 19 and unfinished business. 20 4. A motion to reconsider filed and not disposed 21 of on an action taken on a bill or resolution which is 22 subject to a deadline under this rule may be called up 23 at any time before or after the day of the deadline by 24 the person filing the motion or after the deadline by 25 the majority floor leader, notwithstanding any other 26 rule to the contrary. 27 BE IT FURTHER RESOLVED, That should a system 28 of deadlines for the time of committee passage and 29 consideration of bills be adopted by joint action 30 -47- LSB 3505SQ (12) 87 jh 47/ 48
S.R. 3 of the senate and house at any time during the 1 eighty-seventh general assembly, those provisions shall 2 supersede the provisions of rule 60. 3 -48- LSB 3505SQ (12) 87 jh 48/ 48