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1 17 rules, the rules may be amended or repealed, or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1 21 rules may be amended or repealed by a constitutional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2 8 withdrawn, lost, or indefinitely postponed shall carry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