Senate Resolution 1 - Reprinted SENATE RESOLUTION NO. 1 BY COMMITTEE ON RULES AND ADMINISTRATION (As Amended and Passed by the Senate February 5, 2015 ) A Resolution relating to permanent rules of the senate 1 for the eighty-fifth eighty-sixth general assembly. 2 BE IT RESOLVED BY THE SENATE, That the permanent 3 rules of the senate for the eighty-fifth eighty-sixth 4 general assembly be as follows: 5 RULES OF THE SENATE 6 Rule 1 7 Quorum 8 A constitutional majority shall constitute a quorum 9 of the senate. Any senator may insist a quorum be 10 present. 11 Rule 2 12 Adoption and Amendment of Rules 13 Whenever the senate is operating under temporary 14 rules, the rules may be amended or repealed, or 15 permanent rules may be adopted, by a constitutional 16 majority of the senators. After adoption of permanent 17 rules of the senate during any general assembly, the 18 rules may be amended or repealed by a constitutional 19 majority of the senators voting on a simple resolution. 20 Rule 3 21 Rules of Parliamentary Procedure 22 In cases not covered by senate rules or joint rules, 23 Mason’s Manual of Legislative Procedure shall govern. 24 Rule 4 25 Sessions of the General Assembly 26 -1- SR 1 (10) 86 jh 1/ 49
S.R. 1 The election of officers, organization, hiring and 1 compensation of employees, and committees of the senate 2 shall carry over from the first to the second regular 3 sessions and to any extraordinary sessions of the same 4 general assembly. 5 All bills , study bills, and resolutions introduced 6 in the first regular session of a general assembly 7 which are not , except those which have been withdrawn, 8 lost, or indefinitely postponed , or have failed, 9 shall carry over into the second regular session 10 and to any extraordinary session of the same general 11 assembly. Bills and resolutions which have been voted 12 upon on final passage by either house in any session 13 shall remain on the calendar in the same status as at 14 the end of the session at any subsequent regular or 15 extraordinary session. Appointments received from the 16 governor for senate confirmation during any session 17 of a general assembly shall be acted upon prior to 18 adjournment of that session as provided by section 2.32 19 of the Code. Except as provided by this rule, upon 20 the adjournment of the first regular session and any 21 extraordinary session, each bill or resolution shall 22 be automatically referred back to the committee to 23 which it was originally assigned. The secretary of 24 the senate shall publish in the Journal journal a list 25 of the bills returned to committee under this rule and 26 shall present a list to the chairs of the respective 27 committees upon the convening of the second regular 28 session . Within seven days after the first committee 29 meeting after the convening of the second regular 30 -2- SR 1 (10) 86 jh 2/ 49
S.R. 1 session, committees committee chairs shall either 1 authorize the chair to refer such bills and resolutions 2 that have been returned to their respective committees 3 under this rule to a subcommittee for consideration , 4 or indefinitely postpone further consideration of such 5 bills , or report them out to the floor and place them 6 on the calendar . If the subcommittee is different 7 than that appointed during the first session, the The 8 committee chair s shall report to the senate the bill 9 or resolution number and the names of the subcommittee 10 members. 11 Bills and resolutions which have been voted upon 12 on final passage by either house in any session 13 shall remain on the calendar in the same status as at 14 the end of the session at any subsequent regular or 15 extraordinary session. 16 Rule 5 17 Regular Order of Daily Business 18 The following order shall govern, subject to any 19 special order: 20 1. Correction of the journal. 21 2. Senators to be excused. 22 3. Communications to the Senate. 23 4. Introduction of bills and resolutions. 24 5. Consideration of senate calendar. 25 Rule 6 26 Senate Calendar 27 1. Each legislative day the secretary of the senate 28 shall prepare a listing of bills to be known as the 29 “Senate Calendar”. 30 -3- SR 1 (10) 86 jh 3/ 49
S.R. 1 2. The senate calendar may contain a listing under 1 the category “Special Order” which shall be placed at 2 the head of the calendar. Bills in such category shall 3 be those which are specifically set for debate by the 4 majority leader with the consent of the senate on a 5 certain date and time. Bills shall be listed by the 6 secretary in numerical order. 7 3 2 . The senate calendar shall include separate 8 listings for any bills and resolutions in the following 9 categories: 10 a. Conference Committee Report 11 b. Bills in Conference Committee 12 c. House Amendment to Senate Amendment to House 13 File 14 d. House Refuses to Concur in Senate Amendment to 15 House File 16 e. Senate Files Amended by the House 17 f. Unfinished Business 18 g. Motions to Reconsider 19 h. Administrative Rules Nullification Resolutions 20 i. Veto Messages from the Governor 21 4 3 . The secretary shall list bills and resolutions 22 in the above categories in numerical order. Upon 23 their first publication in the calendar, bills and 24 resolutions in the above categories may be called up 25 for debate at any time by the majority leader. Motions 26 to reconsider shall be called up as provided by Rule 27 24. 28 5 4 . The senate calendar shall include a listing 29 of senate appropriations committee bills and bills 30 -4- SR 1 (10) 86 jh 4/ 49
S.R. 1 reported out by the senate appropriations committee. 1 The list shall be known as the “Appropriations 2 Calendar”. The secretary shall list the bills in 3 numerical order. Upon their first publication in the 4 calendar, bills on the appropriations calendar may be 5 called up for debate at any time by the majority leader 6 provided they are eligible under Rule 8. 7 6 5 . The senate calendar shall include a listing 8 of bills which pertain to the levy, assessment or 9 collection of taxes sponsored by or initially assigned 10 to and reported out by the senate ways and means 11 committee. The list shall be known as the “Ways and 12 Means Calendar”. The secretary shall list the bills in 13 numerical order. Upon their first publication in the 14 calendar, bills on the ways and means calendar may be 15 called up for debate at any time by the majority leader 16 provided they are eligible under Rule 8. 17 7 6 . The senate calendar shall include a list of 18 bills and resolutions, known as the “Regular Calendar”, 19 which shall consist of bills and resolutions reported 20 out by a senate committee. The bills and resolutions 21 reported out each day shall be listed in numerical 22 order. Priority shall be given to senate over house 23 bills and resolutions. Upon their first publication 24 in the calendar, bills on the regular calendar may 25 be called up for debate at any time by the majority 26 leader, provided they are eligible under Rule 8. 27 A bill reported out of committee which is 28 subsequently referred to the ways and means or 29 appropriations committee and then reported out of that 30 -5- SR 1 (10) 86 jh 5/ 49
S.R. 1 committee, shall be returned to the regular calendar in 1 numerical order. 2 8 7 . The senate calendar shall include a listing of 3 the governor’s appointees to state boards, commissions, 4 and other offices requiring senate confirmation. This 5 listing shall be known as the “Confirmation Calendar”. 6 Names on the confirmation calendar may be called up 7 for confirmation at any time by the majority leader 8 provided they are eligible under rule 59. 9 9 8 . The majority leader, or in the absence of 10 the majority leader the assistant majority leaders, 11 may select from among the bills on the previous 12 legislative day’s Senate calendar and from the bills 13 selected create a new listing which shall be known as 14 the Tentative Debate Calendar”. The debate calendar 15 shall list bills as the majority leader expects to take 16 them up. A bill or resolution on the tentative debate 17 calendar may be debated only when eligible under Rule 18 8. 19 10. The majority leader, or in the absence of the 20 majority leader the assistant majority leaders, may 21 create a list of bills or resolutions about which 22 no controversy is believed to exist which shall be 23 known as the “Proposed Noncontroversial Calendar”. 24 Bills or resolutions included on this listing may be 25 debated at any time upon being called up for debate 26 by the majority leader. Any bill or resolution which 27 appeared on the previous day’s Senate calendar may be 28 placed by any senator on the proposed noncontroversial 29 calendar, which shall be published. Any bill or 30 -6- SR 1 (10) 86 jh 6/ 49
S.R. 1 resolution on the proposed noncontroversial calendar 1 shall be stricken from the list if any senator files 2 a written objection with the secretary of the senate 3 on the first or second legislative day after it 4 appears on the proposed noncontroversial calendar. 5 Any bill stricken from the proposed noncontroversial 6 calendar shall be returned to its former place on 7 the Senate calendar. The secretary shall prepare the 8 noncontroversial calendar which shall consist of all 9 bills or resolutions on the proposed noncontroversial 10 calendar to which no objection was received. 11 11 9 . If the senate shall not be in session on a 12 day assigned in paragraphs nine and ten paragraph eight 13 for action upon a calendar, such assigned action shall 14 may occur on the next succeeding legislative day. 15 12 10 . On any bill called up for debate from any 16 calendar, debate may continue from day to day until 17 it is adopted, fails, or is postponed or deferred. 18 If further debate is postponed or deferred without a 19 time to continue being set, except for bills on the 20 debate calendar, the bill shall be listed as unfinished 21 business. Bills which are returned to the committee of 22 first referral or to a different committee after being 23 considered by the senate and classified as unfinished 24 business shall be returned to the unfinished business 25 calendar by that committee when the bill is reported 26 out of committee. The unfinished business date on 27 the calendar shall be the date on which the bill was 28 returned to committee. Bills on the debate calendar 29 upon which further debate is postponed or deferred 30 -7- SR 1 (10) 86 jh 7/ 49
S.R. 1 without a time to continue being set shall return to 1 the regular calendar. 2 Rule 7 3 Reserved. 4 Rule 8 5 When Eligible for Consideration 6 Bills, resolutions, and appointments shall be 7 eligible for consideration by the senate as follows: 8 1. An appointment by the governor which requires 9 senate confirmation shall be eligible on the second 10 legislative day it is printed in the senate calendar as 11 provided by Rule 59. 12 2. A house or individually sponsored bill or 13 resolution reported out by a committee shall be 14 eligible on the second legislative day it is printed in 15 the senate calendar. 16 3. A committee bill or resolution sponsored by 17 the appropriations committee shall be eligible on the 18 second legislative day it is printed in the senate 19 calendar. 20 4. Any committee bill or resolution, other than 21 a bill or resolution sponsored by the appropriations 22 committee, shall be eligible on the third legislative 23 day it is printed in the senate calendar. 24 5. A bill that has been reported out to the 25 senate calendar, referred to a different committee 26 and reported out by that committee is eligible for 27 consideration by the senate on the day it would have 28 been eligible under subsection 2, 3, or 4, whichever 29 is applicable, as if the bill had been printed in the 30 -8- SR 1 (10) 86 jh 8/ 49
S.R. 1 calendar after having been reported out by the first 1 committee. 2 Rule 9 3 Debate and Decorum 4 Before addressing the senate, the senator shall 5 request recognition by depressing the “speak” device 6 and, when recognized, rise and respectfully address the 7 chair. 8 The senator shall confine all remarks to the 9 question under debate and shall avoid discussing 10 personalities or implication of improper motives. No 11 questions except by the senator recognized shall be 12 entertained after a senator is recognized to give final 13 remarks. 14 Rule 10 15 Point of Personal Privilege 16 A point of personal privilege shall only be 17 recognized when there is no motion pending or other 18 business being considered by the senate. Points of 19 personal privilege shall not be in order during the 20 time when appropriation subcommittees are scheduled 21 to meet. Senators speaking on a point of personal 22 privilege shall be limited to ten minutes. 23 Rule 11 24 Introduction and Presentation of Guests 25 Only former members of the senate and former and 26 present members of Congress shall be presented to 27 the senate, except that the president of the senate 28 may present a visitor whose presence is of special 29 significance to the senate. The presence introduction 30 -9- SR 1 (10) 86 jh 9/ 49
S.R. 1 of school groups accompanied by school officials shall 1 be announced by the president of the senate and shall 2 be recorded in the journal upon written request of a 3 member of the senate. Senators may be recognized to 4 introduce guests in the galleries when there is no 5 motion pending or other business being considered by 6 the senate. Introductions shall be limited to one 7 minute. 8 Rule 12 9 Form and Withdrawal of Motions, Amendments and 10 Signatures 11 Motions need not be in writing unless required by 12 the president or by the senate. No motion requires 13 a second. Any amendment, motion (including a motion 14 to reconsider), or resolution may be withdrawn by the 15 mover if it has not been amended by the senate and if 16 no amendment is pending. All amendments to bills, 17 resolutions, and reports shall be in writing and filed 18 before being acted upon by the senate. 19 No amendment, resolution, bill, or conference 20 committee report shall be considered by the senate 21 without a copy of the amendment, resolution, bill, or 22 conference committee report being on the desks of the 23 entire membership of the senate prior to consideration. 24 However, after the fourteenth week of the first 25 session and the twelfth week of the second session, 26 amendments and senate resolutions may be considered by 27 the senate without a copy of the amendment or senate 28 resolution being on the desks of the entire membership 29 of the senate if a copy of the amendment or senate 30 -10- SR 1 (10) 86 jh 10/ 49
S.R. 1 resolution is made available to the entire membership 1 of the senate electronically. Such However, such 2 consideration shall be deferred until a copy of the 3 amendment or senate resolution is on the desks of the 4 entire membership of the senate upon the request of any 5 senator desk of any senator who so requests . 6 All amendments, reports, petitions or other 7 documents requiring a signature shall have the name 8 printed under the place for the signature. Once a 9 signature is affixed and the document containing the 10 signature filed with the recording clerk in the well, 11 that signature shall not be removed. 12 When an amendment to a main amendment is filed that 13 would negate the effect of the main amendment and 14 thereby leave the bill unchanged, the presiding officer 15 shall have the authority to declare the amendment to 16 the main amendment out of order, subject to an appeal 17 to the full senate. 18 When a house amendment to a senate file is before 19 the senate, an amendment to the house amendment shall 20 be considered an amendment in the first degree. 21 Regardless of its origin, an amendment in the third 22 degree shall be ruled out of order. 23 When a ruling on germaneness is issued by the 24 presiding officer, it shall be accompanied by an 25 explanation of the ruling. 26 Rule 13 27 Order and Precedence of Motions and Amendments 28 When a question is under debate, no motion shall 29 be received but to adjourn, to recess, questions 30 -11- SR 1 (10) 86 jh 11/ 49
S.R. 1 of privilege, to lay on the table, for the previous 1 question, to postpone to a day certain, to refer, 2 to amend, to postpone indefinitely, to defer, or 3 incidental motions. A substitute is not in order 4 unless it is in the form of a motion to substitute. 5 Such motions shall have precedence in the order in 6 which they are named. No motion to postpone to a 7 day certain, to refer, or postpone indefinitely, 8 being decided, shall be again allowed on the same 9 day with regard to the same question. A motion to 10 strike out the enacting clause of a bill shall have 11 precedence over all amendments and, if carried, shall 12 be considered equivalent to the rejection of the bill. 13 A motion to strike everything after the enacting 14 clause has precedence over a committee amendment and 15 all other amendments except one to strike the enacting 16 clause. A committee amendment has precedence over all 17 other amendments except as provided in this rule. 18 A motion to rerefer a bill to committee may specify 19 when the committee shall report the bill to the senate. 20 If the motion is adopted in such form, the committee 21 must report the bill by the date and time specified 22 with or without recommendation or the bill shall 23 automatically be returned to the calendar. When the 24 bill is returned to the calendar, it shall occupy 25 the same position it occupied at the time the bill 26 was rereferred to the committee. If the committee 27 to which the bill is rereferred submits an amendment 28 in its report, that committee amendment shall take 29 precedence over other amendments except if that 30 -12- SR 1 (10) 86 jh 12/ 49
S.R. 1 committee amendment is in conflict with amendments 1 previously adopted, the committee amendment shall 2 not be considered until consideration of motions to 3 reconsider the previously adopted amendments result 4 in removing the conflict. A committee may not file 5 an amendment to a bill unless the bill is in the 6 committee’s possession. 7 Rule 14 8 Motions Before the Senate 9 Motions before the senate shall be displayed on the 10 electronic voting system display boards. 11 Rule 15 12 Nondebatable Motions 13 The following motions are not debatable: 14 Adjourn 15 Recess 16 Lift a Call of the Senate 17 Lay on Table or Take from Table 18 Previous Question 19 Reconsider vote by which bill was placed on last 20 reading. 21 A Motion to Reconsider and Lay the Motion to 22 Reconsider on the Table (Double-barreled Motion). 23 Rule 16 24 Division of the Question 25 Any senator may call for a division of a question, 26 which shall be divided if it includes propositions 27 so distinct that if one is taken away, a substantive 28 proposition shall remain in a technically proper form 29 for the decision of the senate. A motion to strike out 30 -13- SR 1 (10) 86 jh 13/ 49
S.R. 1 and insert is indivisible; but a motion to strike out, 1 if lost, shall not preclude amendments to the matter 2 attempted to be stricken or a motion to strike out and 3 insert. 4 Rule 17 5 The Previous Question 6 The previous question shall be in this form: “Shall 7 debate be closed on the pending question?” A motion 8 for the previous question may be adopted by a majority 9 of the senators present and voting. Its effect shall 10 be to put an end to debate and bring the senate to a 11 direct vote upon the pending question. However, any 12 senator who has not previously spoken on the pending 13 question and who, after the main question is taken up 14 and before the motion for the previous question has 15 been made, requested recognition by depressing the 16 “speak” device may speak no longer than five minutes 17 on the pending question. If action on the pending 18 question continues into another legislative day or is 19 deferred, the previous question shall apply and the 20 requests to be recognized shall be honored. 21 When the motion applies to an amendment, the senator 22 proposing the amendment shall have five minutes to 23 close debate on the amendment. 24 The senator handling the measure under consideration 25 shall have ten minutes to close debate on the main 26 question. 27 Rule 18 28 Call of the Senate 29 Ten senators may file in writing a call of the 30 -14- SR 1 (10) 86 jh 14/ 49
S.R. 1 senate on any single item of legislative business. 1 A call of the senate requires the presence of every 2 senator and is in order at any time prior to the vote 3 being announced by the president. The sergeant-at-arms 4 shall return promptly all absent senators. Debate 5 on the item may continue while absent senators are 6 returning, but no vote on the item is in order on it 7 until all have returned. Adoption of a motion to 8 recess or adjourn to a specific time will not lift 9 the call. The call may be lifted, or a senator may 10 be excused from the call without lifting the call, by 11 a vote of a constitutional majority of the senators. 12 Those senators excused prior to the filing of the call 13 are excused from the call. 14 Rule 19 15 Committee of the Whole 16 The senate may resolve itself into a committee of 17 the whole senate when it wishes to permit more free and 18 informal discussion. Persons other than senators may 19 appear and present information. 20 Any senator may move “that the senate now resolve 21 itself into a committee of the whole to consider” a 22 stated subject. 23 The president of the senate shall be chair of the 24 committee of the whole unless otherwise ordered by the 25 senate. 26 The procedure in committee of the whole is subject 27 to the rules of the senate. The previous question and 28 the motion to reconsider shall be in order. 29 The committee of the whole cannot take any final 30 -15- SR 1 (10) 86 jh 15/ 49
S.R. 1 action and its power is limited to recommendation to 1 the senate. The proceedings of the committee of the 2 whole, including any roll call vote, shall be printed 3 in the journal. 4 Any senator may at any time, except while voting or 5 while a senator has the floor, move that “the committee 6 rise” which is equivalent to a motion to adjourn. 7 After adoption of the motion to rise, the chair 8 may report to the senate in the same manner as other 9 committee reports are given. 10 Rule 20 11 Last Reading and Passage of Bills 12 When a motion to place a bill on its last reading is 13 lost, the same motion shall be in order at any later 14 time. After the last reading of a bill, no amendment 15 shall be received. The vote on final passage shall be 16 taken immediately without debate. 17 Rule 21 18 Engrossment of Bills 19 An engrossment is a proofreading and verification 20 in order to be certain that a bill before the senate is 21 identical with the original bill as introduced with all 22 amendments which have been adopted correctly inserted. 23 In an engrossed bill, all obvious typographical, 24 spelling or other clerical errors are corrected and 25 section or paragraph numbers and internal references 26 are changed as required to conform the original bill 27 to any amendments which have been adopted. All such 28 corrections or changes shall be reported in the journal 29 by the secretary of the senate. The engrossed bill 30 -16- SR 1 (10) 86 jh 16/ 49
S.R. 1 shall be placed in the bill file with the original bill 1 and amendments. 2 Rule 22 3 Manner of Voting 4 On voice vote, the question shall be distinctly put 5 in this form: “Those in favor of (the question) say 6 ”aye” ’aye’ .” “Those opposed to (the question) say “no” 7 ‘no’ .” 8 A non-record or record roll call vote may be 9 requested by any senator or ordered by the president 10 any time before the results are announced. A 11 non-record roll call shall be requested by asking for a 12 “division”. A record roll call shall be requested by 13 asking for a “record”. Upon request for a non-record 14 or record roll call vote, the president shall announce 15 that such a non-record or record roll call vote has 16 been requested and shall state the question to be put 17 to the senate. The president then shall direct the 18 secretary of the senate to receive the votes. 19 Senators present may cast their votes, either 20 by operating the voting mechanism located at their 21 assigned desk or by signaling the president if they are 22 unable to vote at their assigned desk. The president 23 shall enter the votes of senators signaling their 24 votes. 25 After sufficient time has elapsed for all senators 26 present to record their votes, the president shall 27 direct the secretary of the senate to close the voting 28 system. The president shall still enter the senators’ 29 votes at any time prior to directing the secretary of 30 -17- SR 1 (10) 86 jh 17/ 49
S.R. 1 the senate to lock the voting system. The president 1 shall then immediately announce the vote. 2 During a record roll call vote, both individual 3 votes and vote totals shall be indicated on the display 4 boards and printed in the journal. On non-record 5 roll calls, only vote totals shall be indicated on the 6 display boards and printed in the journal. 7 In the event the electronic voting system is not 8 in operating order, the president shall direct the 9 secretary of the senate to take the non-record or 10 record roll call by calling the names of the senators 11 in alphabetical order. 12 Rule 23 13 Duty of Voting 14 Every senator present when a question is put shall 15 vote “aye”, “no” , or “present” unless previously 16 excused by the senate. Upon demand being made by any 17 senator, the secretary of the senate shall call in 18 alphabetical order the names of the senators not voting 19 or voting “present”. Those senators called shall vote 20 “aye” or “no” unless the senator states a personal 21 interest in the question or concludes that he or she 22 should not vote under the senate code of ethics. 23 Rule 24 24 Reconsideration 25 When a main motion has been decided by the senate, 26 any senator having voted on the prevailing side 27 may move to reconsider the vote on the same or next 28 legislative day. Motions to reconsider the vote on a 29 bill or resolution shall be in writing and filed with 30 -18- SR 1 (10) 86 jh 18/ 49
S.R. 1 the secretary of the senate. 1 Notwithstanding any time limitations applicable 2 to motions to reconsider main motions, a motion to 3 reconsider the vote on an amendment may be made at 4 any time before final disposition of the motion to 5 be amended. Such motion shall be in writing and 6 filed with the secretary of the senate. A motion to 7 reconsider an amendment to a main motion shall be taken 8 up for consideration only prior to the disposition of 9 the main motion or upon reconsideration of the main 10 motion. 11 A constitutional majority by a record roll call is 12 necessary to reconsider a bill or joint resolution. 13 During three legislative days from the date the motion 14 to reconsider a bill or resolution is filed, only the 15 mover may call it up. Thereafter, any senator may call 16 up the motion. If a date for adjournment has been set 17 by resolution of the senate, any senator may call up 18 a motion to reconsider at any time within three days 19 prior to the date set for adjournment. 20 If the motion to reconsider a bill or resolution 21 prevails, motions to reconsider amendments thereto 22 shall be in order and shall be disposed of without 23 delay. 24 A motion that any action taken by the senate be 25 reconsidered and the motion to reconsider be laid upon 26 the table shall be a single and indivisible motion, 27 known as the double-barreled motion, which, if carried, 28 shall have the effect of preventing reconsideration 29 unless a motion to take from the table prevails. 30 -19- SR 1 (10) 86 jh 19/ 49
S.R. 1 A constitutional majority is necessary for the 1 double-barreled motion to prevail on a bill or joint 2 resolution. The double-barreled motion can only be 3 made from the floor after the vote is announced and the 4 member who moved the final reading shall have priority 5 in making it. 6 A motion to reconsider and lay on the table shall 7 have priority over a motion to reconsider if they are 8 both filed on the same legislative day. 9 In the event that a motion to reconsider is pending 10 at the end of the first session or any extraordinary 11 session of any general assembly, or the general 12 assembly adjourns sine die, and the motion has not been 13 voted upon by the senate, it shall be determined to 14 have failed. 15 Rule 25 16 Suspension of Rules 17 No standing rule, rules incorporated by reference 18 under Rule 3, or order of the senate shall be rescinded 19 or suspended, except by unanimous consent of the senate 20 or by an affirmative vote of a constitutional majority 21 of the senate voting on a simple resolution. 22 INTRODUCTION AND FORM OF BILLS 23 Rule 26 24 Time and Method of Introducing Bills and Amendments 25 All bills to be introduced in the senate shall be 26 typed in proper form by the legislative services agency 27 and shall be filed with the recording clerk. 28 All amendments shall be typed in proper form and 29 filed with the recording clerk not later than 4:30 30 -20- SR 1 (10) 86 jh 20/ 49
S.R. 1 p.m., or adjournment, whichever is later, in order to 1 be listed in the following day’s clip sheet. 2 An “impact amendment” is an amendment which 3 reasonably could have an annual effect of at least one 4 hundred thousand dollars or a combined total effect 5 within five years after enactment of five hundred 6 thousand dollars or more on the aggregate revenues, 7 expenditures or fiscal liability of the state or its 8 subdivisions. 9 An impact amendment to a bill which has been on 10 the calendar for at least three full legislative days 11 prior to its consideration shall not be taken up by the 12 senate unless: 13 1) a fiscal note is attached, and the amendment is 14 filed at least one legislative day prior to the date 15 set for consideration of the bill; or 16 2) the amendment is an appropriation or other 17 measure where the total effect is stated in dollar 18 amounts. 19 Rule 27 20 Limit on Introduction of Bills 21 No bill or joint resolution, except bills and 22 joint resolutions cosponsored by the majority and 23 minority floor leaders, or companion bills and joint 24 resolutions sponsored by the majority floor leaders of 25 both houses, shall be introduced in the senate after 26 4:30 p.m. on Friday of the fifth week of the first 27 regular session of a general assembly unless a formal 28 request for drafting the bill has been filed with the 29 legislative services agency before that time. After 30 -21- SR 1 (10) 86 jh 21/ 49
S.R. 1 adjournment of the first regular session, bills may 1 be prefiled at any time before the convening of the 2 second regular session. No bill shall be introduced 3 after 4:30 p.m. on Friday of the second week of the 4 second regular session of a general assembly unless a 5 formal request for drafting the bill has been filed 6 with the legislative services agency before that time. 7 However, standing committees may introduce bills and 8 joint resolutions at any time. A bill which relates 9 to departmental rules sponsored by the administrative 10 rules review committee and approved by a majority 11 of the members of the committee in each house may 12 be introduced at any time and must be referred to a 13 standing committee which must take action on the bill 14 within three weeks. Senate and concurrent resolutions 15 may be introduced at any time. 16 No bill, joint resolution, concurrent resolution 17 or senate resolution shall be introduced at any 18 extraordinary session unless sponsored by a standing 19 committee, the majority and minority floor leaders, or 20 the committee of the whole. 21 Rule 28 22 Introduction, Reading, and Form of Bills and 23 Resolutions 24 Every senate bill and resolution shall be introduced 25 by one or more senators or by any standing committee 26 of the senate and shall at once be given its first 27 reading. 28 If the senate is in session when a bill or 29 resolution is introduced, the first reading shall 30 -22- SR 1 (10) 86 jh 22/ 49
S.R. 1 consist of reading its file number, the title and 1 sponsor of the bill. If the senate is not in session 2 but a journal is published for the day, the first 3 reading shall consist of a journal entry of the bill’s 4 file number, title, sponsor and the notation “Read 5 first time under Rule 28”. 6 Any bill or resolution approved for introduction by 7 a standing committee during an interim period between 8 sessions of one General Assembly shall be introduced 9 without further action by the committee at the next 10 succeeding regular session of the same General Assembly 11 and placed immediately upon the regular calendar. 12 Every bill and resolution referred to committee 13 shall have received two readings before its passage. 14 The subject of every bill shall be expressed in its 15 title. 16 Rule 29 17 Explanations 18 No bill, except appropriation committee bills and 19 simple or concurrent resolutions, shall be introduced 20 unless a concise and accurate explanation is attached. 21 The chief sponsor or a committee to which the bill has 22 been referred may add a revised explanation at any time 23 before the last reading, and it shall be included in 24 the daily clip sheet. 25 Rule 30 26 Resolutions 27 A “senate resolution” is a resolution acted upon 28 only by the senate which relates to an accomplishment 29 of national or international status; the dedication 30 -23- SR 1 (10) 86 jh 23/ 49
S.R. 1 of a day by a statewide or national group; the 1 one hundredth, one hundred twenty-fifth, or one 2 hundred fiftieth anniversary of a local government 3 or organization; the recognition of state ties to 4 other governments; the retirement of a senator 5 or long-time senate employee; or to rules and 6 administrative matters, including the appointment 7 of special committees, within the senate. A senate 8 resolution requires the affirmative vote of a majority 9 of the senators present and voting, unless otherwise 10 required in these rules. A senate resolution shall 11 be filed with the secretary of the senate. A senate 12 resolution shall be printed in the bound journal after 13 its adoption and in the daily journal upon written 14 request to the secretary of the senate by the sponsor 15 of the resolution. Other expressions of sentiment 16 or recognition may be made with the issuance of a 17 certificate of recognition. 18 Rule 31 19 Nullification Resolutions 20 A nullification resolution may be introduced 21 by a standing committee, the administrative rules 22 review committee, or any member of the senate. 23 A nullification resolution introduced by the 24 administrative rules review committee or a member 25 of the senate shall be referred to the same standing 26 committee it would be referred to if it was a bill. 27 Any nullification resolution may be referred to the 28 administrative rules review committee by a majority 29 vote of the standing committee which introduced it 30 -24- SR 1 (10) 86 jh 24/ 49
S.R. 1 or to which it was referred. The administrative 1 rules review committee may seek an agreement with the 2 affected administrative agency wherein the agency 3 agrees to voluntarily rescind or modify a rule or rules 4 relating to the subject matter of the nullification 5 resolution. An agreement to voluntarily rescind 6 or modify an administrative agency rule shall be in 7 writing and signed by the chief administrative officer 8 of the administrative agency and a majority of the 9 administrative rules review committee members of each 10 house and shall be placed on file in the offices of 11 the chief clerk of the house, the secretary of the 12 senate and the secretary of state. If an agreement is 13 not reached, or the nullification resolution is not 14 approved by a majority of the administrative rules 15 review committee members of each house, within two 16 weeks of the date the resolution is referred to the 17 administrative rules review committee, the resolution 18 shall be placed on the calendar. If the nullification 19 resolution is approved by the administrative rules 20 review committee it shall be placed on the calendar. 21 A nullification resolution is subject to a motion to 22 withdraw the nullification resolution as provided in 23 rule 42. 24 A nullification resolution is debatable, but cannot 25 be amended on the floor of the senate. 26 Rule 32 27 Resolutions, Applicable Rules 28 All rules applicable to bills shall apply to 29 resolutions, except as otherwise provided in the rules. 30 -25- SR 1 (10) 86 jh 25/ 49
S.R. 1 Rule 33 1 Study Bills 2 1. A study bill is any matter which a senator 3 wishes to have considered by a standing committee or 4 appropriations subcommittee for introduction as a 5 committee bill or resolution. The term “study bill” 6 includes “proposed bills” provided for in Rule 37 and 7 departmental requests prefiled in the manner specified 8 in section 2.16 of the Code. 9 2. A study bill shall bear the name of the member 10 who wishes to have the bill considered. A study bill 11 proposed by a state agency shall bear the name of the 12 agency. A committee chair may submit a study bill in 13 the name of that committee. 14 3. Upon first receiving a study bill from a 15 senator, a committee chairperson shall submit three 16 copies to the secretary of the senate. Study bills 17 received in the secretary of the senate’s office before 18 3:00 p.m. shall be filed, numbered, and reported in 19 the journal for that day. Study bills received in the 20 secretary of the senate’s office after 3:00 p.m. shall 21 be filed, numbered, and reported in the journal for the 22 subsequent day. The secretary shall number such bills 23 in consecutive order. The secretary shall maintain a 24 record of all study bills and their assigned number. 25 Committee records shall refer to study bills by the 26 number assigned by the secretary. 27 4. The secretary shall file a report in the journal 28 of each study bill received. The report shall show 29 the study bill number, its title or subject matter 30 -26- SR 1 (10) 86 jh 26/ 49
S.R. 1 and the committee which is considering it. If a study 1 bill is referred to a subcommittee, then the committee 2 chairperson shall report in the journal the names of 3 the subcommittee members to which it is assigned. 4 5. If a committee bill or resolution is introduced 5 which was not previously the subject of a study bill 6 in the sponsoring committee, the majority leader may 7 re-refer the bill back to the committee. 8 6 5 . A study bill not prepared by the legislative 9 services agency may be submitted to a standing 10 committee, but shall not be considered by the full 11 committee unless reviewed and typed in proper form by 12 the legislative services agency. 13 COMMITTEES AND COMMITMENT 14 Rule 34 15 Committee Appointments 16 Committee appointments shall be made by the majority 17 leader for majority party members, after consultation 18 with the president, and by the minority leader for 19 minority party members, after consultation with the 20 president. No senator shall serve on more than six 21 standing committees. The majority leader, after 22 consultation with the president, shall designate the 23 chairperson and vice-chairperson of each standing 24 committee. The minority leader, after consultation 25 with the president, shall designate the ranking member 26 of each standing committee from the minority membership 27 of that committee. 28 Rule 35 29 Standing Committees 30 -27- SR 1 (10) 86 jh 27/ 49
S.R. 1 The names of the standing committees of the senate 1 shall be: 2 Agriculture 3 Appropriations 4 Commerce 5 Economic Growth 6 Education 7 Government Oversight 8 Human Resources 9 Judiciary 10 Labor and Business Relations 11 Local Government 12 Natural Resources and Environment 13 Rules and Administration 14 State Government 15 Transportation 16 Veterans Affairs 17 Ways and Means 18 Rule 36 19 Committee on Rules and Administration 20 The committee on rules and administration shall 21 recommend rules and rule changes to the senate, shall 22 hire senate employees, shall recommend salary scales 23 for all senate employees, and shall oversee senate 24 budget and administration matters. 25 The committee on rules and administration will 26 select, for senate approval, an individual to serve as 27 secretary of the senate. 28 The committee shall have the following standing 29 subcommittees: 30 -28- SR 1 (10) 86 jh 28/ 49
S.R. 1 1. Joint Rules 1 2. Senate Rules 2 3. Administrative Services 3 4. Caucus Services 4 The majority leader shall serve as chair of the 5 rules and administration committee and as chair of 6 the standing subcommittee on caucus services. The 7 president of the senate shall serve as vice-chair of 8 the rules and administration committee, and as chair of 9 the subcommittee on administrative services. 10 Rule 37 11 Appropriations Committee 12 The appropriations committee shall receive bills 13 committed to it and shall assign each to one of the 14 appropriations subcommittees. 15 The appropriations subcommittees shall be named: 16 Administration and Regulation 17 Agriculture and Natural Resources 18 Economic Development 19 Education 20 Health and Human Services 21 Justice System 22 Transportation, Infrastructure, and Capitals 23 The appropriations subcommittees shall receive 24 bills assigned to them or may originate proposed bills 25 within the subcommittee’s jurisdiction as defined by 26 the appropriations committee for consideration by the 27 appropriations committee. Each subcommittee may submit 28 amendments to bills together with the subcommittee’s 29 recommended action to the appropriations committee. 30 -29- SR 1 (10) 86 jh 29/ 49
S.R. 1 If a bill or proposed bill is submitted to the 1 appropriations committee by an appropriations 2 subcommittee the appropriations committee may: 3 1. report the bill or approve the proposed bill for 4 introduction by the appropriations committee; 5 2. report the bill with any appropriations 6 committee-approved amendments incorporated; 7 3. draft a new bill for sponsorship by the 8 appropriations committee and report it; or 9 4. re-refer it together with the appropriations 10 committee’s objections to the appropriations 11 subcommittee from which it was originally referred or 12 which originated the draft bill. 13 The appropriations committee and subcommittees may 14 meet jointly with the appropriations committee of the 15 house of representatives. 16 Rule 38 17 First Reading and Commitment 18 Upon the first reading of an individual bill or 19 resolution, or a house committee bill or resolution, 20 the president shall refer the bill or resolution to 21 an appropriate standing committee. If the bill or 22 resolution is a senate committee bill or resolution, 23 the president shall place it on the calendar after 24 its first reading. If the subject of the bill or 25 resolution is not germane to the title of the committee 26 presenting it, the president of the senate may refer it 27 to a committee deemed appropriate. 28 All bills carrying an appropriation for any purpose 29 or involving the expenditure of state funds shall be 30 -30- SR 1 (10) 86 jh 30/ 49
S.R. 1 referred to the committee on appropriations. 1 All bills pertaining to the levy, assessment or 2 collection of taxes or fees shall be referred to the 3 committee on ways and means. 4 Any bill which provides for a new state board, 5 commission, agency or department or makes separate or 6 autonomous an existing state board, commission, agency 7 or department, shall be referred to the committee 8 on state government. If the bill or resolution is 9 so referred after being sponsored or reported out 10 by another committee, and if the committee on state 11 government does not report out the bill or resolution 12 within ten legislative days after referral, the bill 13 or resolution shall automatically be restored to the 14 calendar with the same priority it had immediately 15 before referral. 16 This rule shall also apply when such provisions are 17 added to a bill or resolution by amendment adopted by 18 the senate. 19 Rule 39 20 Rules for Standing Committees 21 The following rules shall govern all standing 22 committees of the senate. Any committee may adopt 23 additional rules which are consistent with these rules: 24 1. A majority of the members shall constitute a 25 quorum. 26 2. The chair of a committee shall refer each bill 27 and resolution to a subcommittee within seven days 28 after the bill or resolution has been referred to 29 the committee. The chair may appoint subcommittees 30 -31- SR 1 (10) 86 jh 31/ 49
S.R. 1 for study of bills and resolutions without calling a 1 meeting of the committee, but the subcommittee must 2 be announced at the next meeting of the committee. No 3 bill or resolution shall be reported out of a committee 4 until the next meeting after the subcommittee is 5 announced, except that the chair of the appropriations 6 committee may make the announcement of the assignment 7 to a subcommittee by placing a notice in the journal. 8 Any bill so assigned by the appropriations committee 9 chair shall be eligible for consideration by the 10 committee upon report of the subcommittee but not 11 sooner than three legislative days following the 12 publication of the announcement in the journal. 13 When a bill or resolution has been assigned to a 14 subcommittee, the chair shall report to the senate 15 the bill or resolution number and the names of the 16 subcommittee members and such reports shall be reported 17 in the journal. Subcommittee assignments shall be 18 reported to the journal daily. Reports filed before 19 3:00 p.m. shall be printed in the journal for that 20 day; reports filed after 3:00 p.m. shall be printed in 21 the journal for the subsequent day. 22 Where standing subcommittees of any committee have 23 been named, the names of the members and the title of 24 the subcommittee shall be published once and thereafter 25 publication of assignments may be made by indicating 26 the title of the subcommittee. 27 3. No bill or resolution shall be considered by a 28 committee until it has been referred to a subcommittee 29 and the subcommittee has made its report unless 30 -32- SR 1 (10) 86 jh 32/ 49
S.R. 1 otherwise ordered by a majority of the members. 1 4. The rules adopted by a committee, including 2 subsections 2, 3, 9, 10, 11, and 12 of this rule, may 3 be suspended by an affirmative vote of a majority of 4 the members of the committee. 5 5. The affirmative vote of a majority of the 6 members of a committee is needed to sponsor a committee 7 bill or resolution or to report a bill or resolution 8 out for passage. 9 6. The vote on all bills and resolutions shall be 10 by roll call unless a short-form vote is unanimously 11 agreed to by the committee. A record shall be kept by 12 the secretary. 13 7. No committee, except a conference committee, is 14 authorized to meet when the senate is in session. 15 8. A subcommittee shall not report a bill to the 16 committee unless the bill has been typed into proper 17 form by the legislative services agency. 18 9. A bill or resolution shall not be voted upon the 19 same day a public hearing called under subsection 10 is 20 held on that bill or resolution. 21 10. Public hearings may be called at the discretion 22 of the chair. The chair shall call a public hearing 23 upon the written request of one-half the membership of 24 the committee. The chair shall set the time and place 25 of the public hearing. 26 11. A subcommittee chair must notify the committee 27 chair not later than one legislative day prior to 28 bringing the bill or resolution before the committee. 29 The committee cannot vote on a bill or resolution for 30 -33- SR 1 (10) 86 jh 33/ 49
S.R. 1 at least one full day following the receipt of the 1 subcommittee report by the chairperson. 2 12. A motion proposing action on a bill or 3 resolution that has been defeated by a committee shall 4 not be voted upon again at the same meeting of the 5 committee. 6 13. Committee meetings shall be open. 7 Rule 40 8 Voting in Committee 9 All committee meetings shall be open at all times. 10 Voting by secret ballot is prohibited. Roll call votes 11 shall be taken in each committee when final action on 12 any bill or resolution is voted, unless a short-form 13 vote is unanimously agreed to by the committee. A roll 14 call vote also shall be taken in each committee at the 15 request of a member upon any amendment or motion. All 16 results shall be entered in the minutes which shall be 17 public records. Records of these votes shall be made 18 available by the chair or the committee secretary at 19 any time. This rule also applies to the appropriations 20 subcommittees. 21 The committee shall not authorize the introduction 22 of a committee bill or resolution until the members 23 have received final copies of the bill or resolution 24 with amendments or changes incorporated, and typed 25 into proper form by the legislative services agency. 26 The committee may, by unanimous consent, dispense with 27 this requirement and instruct the legislative services 28 agency to file a report with the committee members 29 detailing the amendments or changes and this report 30 -34- SR 1 (10) 86 jh 34/ 49
S.R. 1 shall become a part of the committee report. 1 Rule 41 2 Announcement of Committee Meetings 3 It shall be in order for the chair of any committee 4 to announce to the senate the time and place of 5 committee meetings. The announcement shall include a 6 proposed agenda for the meeting. The sergeant-at-arms 7 shall post at the rear of the chamber the daily 8 schedule of committee meetings. 9 Rule 42 10 Withdrawal of Bills and Resolutions from Committee 11 The secretary of the senate shall note on each bill 12 and resolution the date of its reference to committee. 13 No bill or resolution shall be withdrawn from any 14 committee within fifteen legislative days after the 15 bill or resolution has been referred to the committee 16 and thereafter only upon written petition for the 17 withdrawal of such bill or resolution signed by a 18 constitutional majority of the senators, except as 19 provided in Rule 38. Only senators may circulate such 20 a petition. 21 Rule 43 22 Committee Reports 23 All committees shall file a report of committee 24 meetings. Such reports shall contain the following 25 information: 26 a. The time the meeting convened; 27 b. Those senators who were present and absent at 28 the time the meeting convened, as well as the time any 29 senator, who was not present at the time the meeting 30 -35- SR 1 (10) 86 jh 35/ 49
S.R. 1 convened, arrives for the meeting; 1 c. The vote on any bill or resolution reported out 2 of the committee for floor action; 3 d. The title of the bill; 4 e. The file number of the bill or resolution (if 5 known); 6 f. Whether the committee recommends that the 7 bill or resolution be passed, amended and passed, 8 indefinitely postponed, or considered without committee 9 recommendation; 10 g. An indication of other bills or matters 11 discussed; 12 h. Such other matters as the committee chair shall 13 direct; and 14 i. The time the meeting adjourned. 15 No committee report shall be read, but all committee 16 reports shall be printed in the journal. Upon 17 printing, all committee reports shall then stand 18 approved unless the senate directs otherwise. 19 Rule 44 20 Bills or Resolutions Recommended for Indefinite 21 Postponement 22 No senate bill or resolution recommended for 23 indefinite postponement shall be considered in the 24 absence of the chief sponsor or, if a house bill or 25 resolution, in the absence of the senator representing 26 the district in which the sponsor resides. When a 27 question is postponed indefinitely, it shall not be 28 again acted upon during that session of the general 29 assembly. 30 -36- SR 1 (10) 86 jh 36/ 49
S.R. 1 GENERAL RULES 1 Rule 45 2 Access to Senate Chamber and Decorum 3 The persons who shall have access to the senate 4 chamber, and the times access shall be available, and 5 the rules governing activities in the chamber and other 6 areas controlled by the senate shall be as prescribed 7 by the rules and administration committee pursuant to a 8 written policy adopted by the committee and filed with 9 the secretary of the senate. 10 Rule 46 11 Legislative Interns and Aides 12 Legislative interns for senators shall be allowed 13 on the floor of the senate in accordance with Rule 45; 14 provided that each intern first has obtained a name 15 badge from the secretary of the senate. The secretary 16 of the senate shall issue an appropriate badge to all 17 interns for senators. 18 Rule 47 19 Clearing of Lobby and Gallery 20 In case of disturbance or disorderly conduct in the 21 lobby or gallery, the presiding officer may order it 22 cleared. 23 Rule 48 24 Presentation of Petitions 25 Each petition shall contain a brief statement of its 26 subject matter and the name of the senator presenting 27 it. Petitions shall be filed with the secretary of the 28 senate and noted in the journal. 29 Rule 49 30 -37- SR 1 (10) 86 jh 37/ 49
S.R. 1 Distribution of Printed Material 1 No general distribution of printed material in 2 the senate shall be allowed unless authorized by the 3 secretary of the senate or by a senator. 4 Rule 50 5 Concerning the Printing of Papers 6 Any paper, other than that contemplated by Section 7 10, Article III of the Constitution of the State of 8 Iowa, presented to the senate may, with the consent of 9 a constitutional majority, be printed in the journal. 10 Rule 51 11 Reprinting of Documents 12 When any bill has been substantially amended by the 13 senate, the secretary of the senate shall order the 14 bill reprinted on paper of a different color. All 15 adopted amendments inserting new material shall be 16 distinguishable. 17 The secretary of the senate may order the printing 18 of a reasonable number of additional copies of bills, 19 resolutions, amendments or journals. 20 OFFICERS AND EMPLOYEES 21 Rule 52 22 Duties of the President 23 The senate shall elect, from its membership, a 24 president. The president shall call the senate to 25 order at the hour to which the senate is adjourned and 26 shall proceed with the regular order of daily business. 27 The president shall preserve order and decorum and 28 decide all questions of order and corrections to the 29 journal. The president shall direct voting as provided 30 -38- SR 1 (10) 86 jh 38/ 49
S.R. 1 in rule 22. When a ruling on germaneness is issued by 1 the presiding officer, it shall be accompanied by an 2 explanation of the ruling. The president of the senate 3 shall be the chair of the committee of the whole unless 4 otherwise ordered by the senate, under rule 19. 5 Upon the first reading of an individual bill or 6 resolution, or a house committee bill or resolution, 7 the president shall refer the bill or resolution to 8 the appropriate standing committee. If the bill or 9 resolution is a senate committee bill or resolution, 10 the president shall place it on the calendar after 11 its first reading. If the subject of the bill or 12 resolution is not germane to the title of the committee 13 presenting it, the president of the senate may refer it 14 to the appropriate committee. 15 The president shall sign legislative enactments upon 16 their enrolling. 17 The president of the senate shall serve as a member 18 of the legislative council and the senate rules and 19 administration committee. The president shall serve 20 on the rules and administration committee as chair of 21 the standing subcommittee designated to supervise the 22 secretary of the senate and other employees of the 23 administrative services division of the senate. 24 Rule 53 25 The President Pro Tempore 26 The senate shall elect, from its membership, a 27 president pro tempore. When the president is absent, 28 the president pro tempore shall preside, except when 29 the chair is filled by temporary appointment by the 30 -39- SR 1 (10) 86 jh 39/ 49
S.R. 1 president or the majority leader. 1 The president pro tempore, when presiding, shall 2 perform duties as prescribed in rule 52, paragraphs 1 3 and 2. 4 The president pro tempore shall serve as a member of 5 the legislative council and as a member of the senate 6 committee on rules and administration. 7 Rule 54 8 Secretary of the Senate 9 The secretary of the senate shall be a nonpartisan 10 officer of the senate and shall: 11 1. Serve as chief administrative officer of the 12 senate. 13 2. Have charge of the secretary’s desk. 14 3. Be responsible for the custody and safekeeping 15 of all bills, resolutions, and amendments filed, except 16 while they are in the custody of a committee. 17 4. Have charge of the daily journal. 18 5. Have control of all rooms assigned for the use 19 of the senate. 20 6. Keep a detailed record of senate action on all 21 bills and resolutions. 22 7. Insert adopted amendments into bills before 23 transmittal to the house of representatives and prior 24 to final enrollment. 25 8. Prescribe the duties of and supervise all senate 26 employees. 27 9. Authorize all expenditures of funds within the 28 senate budget. 29 10. The secretary of the senate shall also act as 30 -40- SR 1 (10) 86 jh 40/ 49
S.R. 1 senate parliamentarian and shall: 1 1 a . Advise the presiding officer of the senate 2 about parliamentary procedures during deliberations of 3 the senate. 4 2 b . Perform other duties as prescribed by the 5 committee on rules and administration. 6 3 c . Process the handling of amendments when filed 7 and during the floor consideration of bills. 8 Rule 55 9 Legal Counsel 10 The legal counsel shall be the secretary of the 11 senate or a contractual employee of the senate and 12 shall: 13 1. Serve as attorney and counselor for the senate. 14 2. At the request of the majority or minority 15 leaders, research any legal issue in which the senate 16 has an interest. However, the legal counsel shall not 17 issue nor venture any opinions on unresolved questions 18 of law unless permitted by both the majority and 19 minority leaders. 20 Rule 56 21 Sergeant-at-Arms 22 The sergeant-at-arms shall be an employee of the 23 senate and shall: 24 1. Wear the appropriate badge of his or her office. 25 2. Attend the senate during its sessions. 26 3. Aid in the enforcement of order under the 27 direction of the president of the senate and the 28 secretary of the senate. 29 4. Execute the commands of the senate. 30 -41- SR 1 (10) 86 jh 41/ 49
S.R. 1 5. See that no unauthorized person disturbs the 1 contents of the senators’ desks. 2 6. Supervise the doorkeepers, the assistant 3 sergeant-at-arms, and pages. 4 7. Announce all delegations from the governor or 5 house. 6 8. Supervise the seating of visitors and press 7 representatives. 8 Rule 57 9 Senate Secretaries 10 Every senator shall be permitted to employ for each 11 session of a general assembly a personally selected 12 secretary. 13 Rule 58 14 Use of Electronic Voting System 15 Any officer or employee of the senate, other than 16 a duly elected member of the senate, who operates the 17 electronic voting machine mechanism located at the 18 desk of said member of the senate shall be subject to 19 immediate termination from employment. The provisions 20 of this paragraph only shall not apply during the 21 taking of a record or non-record roll call vote 22 utilizing to the use of the page bell or to testing of 23 the electronic voting system. 24 CONFIRMATION OF APPOINTMENTS 25 Rule 59 26 Appointments 27 The secretary of the senate shall: 28 a. send, to each appointee submitted by the 29 governor for senate confirmation, a copy of a 30 -42- SR 1 (10) 86 jh 42/ 49
S.R. 1 senate questionnaire as approved by the rules and 1 administration committee; 2 b. receive completed questionnaires from appointees 3 and forward copies of the completed questionnaires to 4 appropriate committee members; 5 c. maintain “Confirmation Calendar” categories 6 on the senate calendar as directed under this rule, 7 senate rule 6, and by the committee on rules and 8 administration. No appointee shall be listed as 9 eligible on the confirmation calendar until the 10 secretary has received the appointee’s completed senate 11 questionnaire. 12 As soon as possible after the convening of a 13 session, and again within one week following March 14 1, the secretary of the senate shall publish in the 15 senate journal the names of all nominees submitted 16 for confirmation. The secretary of the senate shall 17 maintain a file of all appointments received from the 18 governor for confirmation. The file shall contain 19 a description of the duties and the compensation 20 for each nominee. The file shall show the date an 21 appointment was received from the governor, the date 22 the appointment was published in the journal, whether 23 the nominee has been introduced, whether a committee 24 report has been filed, when the senate questionnaire 25 was sent to the appointee, and shall include a copy of 26 the appointee’s completed senate questionnaire, upon 27 receipt. 28 INVESTIGATING COMMITTEES. All appointments received 29 from the governor shall be referred to the rules 30 -43- SR 1 (10) 86 jh 43/ 49
S.R. 1 and administration committee by the secretary of 1 the senate on the same day they are published in 2 the senate journal. The rules and administration 3 committee shall establish an en bloc confirmation 4 calendar which must be filed with the secretary of 5 the senate. Within three (3) legislative days after 6 receiving an appointment, the committee shall either 7 place a nominee on the en bloc confirmation calendar 8 or assign the nominee to an appropriate standing 9 committee for further investigation, publishing notice 10 of such assignment in the senate journal for the next 11 legislative day. If the rules and administration 12 committee fails to take action on a nominee within the 13 three days, the nominee shall automatically be placed 14 on the en bloc confirmation calendar. 15 Within the three (3) legislative days after an 16 appointment has been referred to the rules and 17 administration committee, any ten senators may 18 require that the nominee be assigned to an appropriate 19 standing committee by filing a written, signed 20 request therefor with the chairperson of the rules and 21 administration committee. The committee chair shall 22 refer the appointment to a subcommittee within one (1) 23 legislative day after a standing committee receives 24 an appointment for further investigation, publishing 25 notice of such assignment in the senate journal for the 26 next legislative day. Within ten (10) legislative days 27 after a standing committee receives an appointment for 28 further investigation the subcommittee shall file its 29 report with the standing committee. 30 -44- SR 1 (10) 86 jh 44/ 49
S.R. 1 Within fourteen (14) legislative days after a 1 standing committee receives an appointment for 2 further investigation, the committee shall conduct 3 an investigation of the nominee and file its report 4 thereon with the secretary of the senate, who shall 5 then place the nominee on the en bloc calendar or 6 individual confirmation calendar as directed by 7 the committee. The failure of a committee to file 8 its report within the prescribed time means that 9 the nominee is to be automatically placed, without 10 recommendation, upon the individual confirmation 11 calendar. 12 Any individual nominated to head a department or 13 agency of state government, whose appointment is 14 subject to senate confirmation, must be introduced 15 to the full senate prior to a vote on confirmation 16 of the nominee. Additionally, any five (5) senators 17 may request that any nominee be introduced to the 18 senate by filing a written request with the secretary 19 of the senate within ten (10) legislative days of 20 the nominee’s name appearing in the journal. Any 21 individual nominated to a position requiring senate 22 confirmation may request to be introduced to the 23 full senate by notifying the secretary of the senate 24 at least one (1) legislative day in advance of the 25 nominee’s appearance. If an individual is nominated 26 both to fill a vacancy for an unexpired term and is 27 also nominated for reappointment to that position 28 during the same session, a single introduction is 29 sufficient for eligibility for confirmation to both 30 -45- SR 1 (10) 86 jh 45/ 49
S.R. 1 terms. 1 HEARINGS. Any member of a committee investigating 2 an appointment may, within five (5) legislative days 3 after the committee receives the appointment, obtain 4 a hearing with the nominee by filing a written request 5 with the secretary of the senate who shall forward it 6 to the chair of the standing committee and the chair 7 of the subcommittee. Notice of the hearing shall be 8 published in the journal at least two (2) legislative 9 days prior to the hearing. At the hearing, which 10 shall be before the subcommittee, the nominee may be 11 questioned as to his or her qualifications to fulfill 12 the office to which nominated and further questioned 13 as to his or her viewpoints on issues facing the office 14 to which nominated. Any senator may at the discretion 15 of the chair of the subcommittee be permitted to submit 16 oral questions. The public may, at the discretion of 17 the investigating committee, be permitted to submit 18 oral or written statements as to the qualifications of 19 the nominee. 20 Also, within five (5) legislative days after the 21 subcommittee receives an appointment for investigation, 22 any senator may submit written questions to be answered 23 by the nominee prior to consideration of the nominee’s 24 confirmation by the senate. 25 INFORMATIONAL MEETINGS. After a nominee has been 26 placed on the calendar and prior to the vote on 27 confirmation, any senator may request an informational 28 meeting on the nomination which shall be held before 29 the subcommittee. 30 -46- SR 1 (10) 86 jh 46/ 49
S.R. 1 VOTING ON CONFIRMATIONS. Appointments received from 1 the governor for senate confirmation during any session 2 of a general assembly shall be acted upon prior to 3 adjournment of that session as provided by section 2.32 4 of the Code. Upon the motion of the majority leader 5 or his or her designee, the nominees on the en bloc 6 confirmation calendar shall be confirmed en bloc by the 7 affirmative vote of two-thirds of the members elected 8 to the senate. The journal shall reflect a single roll 9 call accompanied by a statement of the names of those 10 individuals subject to the en bloc confirmation vote. 11 Prior to an en bloc vote, any senator may request, 12 either in writing or from the floor, an individual vote 13 on any nominee on the en bloc confirmation calendar. 14 The senate shall vote separately on the nominee. 15 Nominees on the individual confirmation calendar 16 shall be confirmed by a two-thirds vote; however, the 17 senate shall take a separate roll call on each nominee, 18 unless by unanimous consent, it determines to take one 19 vote on all nominees under consideration. In any case, 20 the journal shall reflect a single roll call vote for 21 each nominee. 22 If an individual is nominated both to fill a vacancy 23 for an unexpired term and is also nominated for 24 reappointment to that position, and such appointment 25 and reappointment appear on the senate calendar as 26 eligible at the same time, a single vote is sufficient 27 for confirmation to both terms. 28 Rule 60 29 Time of Committee Passage and Consideration of Bills 30 -47- SR 1 (10) 86 jh 47/ 49
S.R. 1 1. This rule does not apply to concurrent or 1 simple resolutions, joint resolutions nullifying 2 administrative rules, senate confirmations, bills 3 embodying redistricting plans prepared by the 4 legislative services agency pursuant to chapter 5 42, or bills passed by both houses in different 6 forms. Subsection 2 of this rule does not apply to 7 appropriations bills, ways and means bills, government 8 oversight bills, legalizing acts, administrative 9 rules review committee bills, bills sponsored by 10 standing committees in response to a referral from 11 the president of the senate or the speaker of the 12 house of representatives relating to an administrative 13 rule whose effective date has been delayed or whose 14 applicability has been suspended until the adjournment 15 of the next regular session of the general assembly 16 by the administrative rules review committee, bills 17 cosponsored by the majority and minority floor leaders 18 of the senate, bills in conference committee, and 19 companion bills sponsored by the majority floor leaders 20 of both houses after consultation with the respective 21 minority floor leaders. For the purposes of this rule, 22 a joint resolution is considered as a bill. To be 23 considered an appropriations or ways and means bill for 24 the purposes of this rule, the appropriations committee 25 or the ways and means committee must either be the 26 sponsor of the bill or the committee of first referral 27 in the senate. 28 2. To be placed on the calendar in the senate a 29 senate bill must be first reported out of a standing 30 -48- SR 1 (10) 86 jh 48/ 49
S.R. 1 committee by Friday of the 8th week of the first 1 session and the 8th week of the second session. A 2 house bill must be first reported out of a standing 3 committee by Friday of the 12th week of the first 4 session and the 11th week of the second session to be 5 placed on the senate calendar. 6 3. During the 10th week of the first session and 7 the 9th week of the second session, the senate shall 8 consider only bills originating in the senate and 9 unfinished business. During the 13th week of the first 10 session and the 12th week of the second session, the 11 senate shall consider only bills originating in the 12 house and unfinished business. Beginning with the 13 14th week of the first session and the 13th week of the 14 second session, the senate shall consider only bills 15 passed by both houses, bills exempt from subsection 2 , 16 and unfinished business. 17 4. A motion to reconsider filed and not disposed 18 of on an action taken on a bill or resolution which is 19 subject to a deadline under this rule may be called up 20 at any time before or after the day of the deadline by 21 the person filing the motion or after the deadline by 22 the majority floor leader, notwithstanding any other 23 rule to the contrary. 24 BE IT FURTHER RESOLVED, That should a system 25 of deadlines for the time of committee passage and 26 consideration of bills be adopted by joint action 27 of the senate and house at any time during the 28 eighty-fifth eighty-sixth general assembly, those 29 provisions shall supersede the provisions of rule 60. 30 -49- SR 1 (10) 86 jh 49/ 49