Senate Resolution 3 - Reprinted SENATE RESOLUTION NO. 3 BY WHITVER (As Amended and Passed by the Senate February 13, 2019 ) ______ and [ = New Language by the Senate A Resolution relating to permanent rules of the senate 1 for the eighty-eighth general assembly. 2 BE IT RESOLVED BY THE SENATE, That the permanent 3 rules of the senate for the eighty-seventh 4 eighty-eighth 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and Amendment of Rules 13 Whenever the senate is operating under temporary 14 rules, the rules may be amended or repealed, or 15 permanent rules may be adopted, by a constitutional 16 majority of the senators. After adoption of permanent 17 rules of the senate during any general assembly, the 18 rules may be amended or repealed by a constitutional 19 majority of the senators voting on a simple resolution. 20 Rule 3 21 Rules of Parliamentary Procedure 22 In cases not covered by senate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 3 (22) 88 tm/jh/jh 1/ 48
S.R. 3 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bills, and resolutions introduced 6 in the first regular session of a general assembly, 7 except those which have been withdrawn, indefinitely 8 postponed, or have failed, shall carry over into the 9 second regular session and to any extraordinary session 10 of the same general assembly. Bills and resolutions 11 which have been voted upon on final passage by either 12 house in any session shall remain on the calendar in 13 the same status as at the end of the session at any 14 subsequent regular or extraordinary session. Except 15 as provided by this rule, upon the adjournment of the 16 first regular session and any extraordinary session, 17 each bill or resolution shall be automatically referred 18 back to the committee to which it was originally 19 assigned. The secretary of the senate shall publish in 20 the journal a list of the bills returned to committee 21 under this rule and shall present a list to the chairs 22 of the respective committees upon the convening of 23 the second regular session. Within seven days after 24 the first committee meeting after the convening of 25 the second regular session, committee chairs shall 26 either refer such bills and resolutions that have been 27 returned to their respective committees under this rule 28 to a subcommittee for consideration or indefinitely 29 postpone further consideration of such bills. The 30 -2- SR 3 (22) 88 tm/jh/jh 2/ 48
S.R. 3 committee chairs shall report to the senate the bill 1 or resolution number and the names of the subcommittee 2 members. 3 Rule 5 4 Regular Order of Daily Business 5 The following order shall govern, subject to any 6 special order: 7 1. Correction of the journal. 8 2. Senators to be excused. 9 3. Communications to the Senate. 10 4. Introduction of bills and resolutions. 11 5. Consideration of senate calendar. 12 Rule 6 13 Senate Calendar 14 1. Each legislative day the secretary of the senate 15 shall prepare a listing of bills to be known as the 16 “Senate Calendar”. 17 2. The senate calendar shall include separate 18 listings for any bills and resolutions in the following 19 categories: 20 a. Conference Committee Report 21 b. Bills in Conference Committee 22 c. House Amendment to Senate Amendment to House 23 File 24 d. House Refuses to Concur in Senate Amendment to 25 House File 26 e. Senate Files Amended by the House 27 f. Unfinished Business 28 g. Motions to Reconsider 29 h. Administrative Rules Nullification Resolutions 30 -3- SR 3 (22) 88 tm/jh/jh 3/ 48
S.R. 3 i. Veto Messages from the Governor 1 3. The secretary shall list bills and resolutions 2 in the above categories in numerical order. Upon 3 their first publication in the calendar, bills and 4 resolutions in the above categories may be called up 5 for debate at any time by the majority leader. Motions 6 to reconsider shall be called up as provided by Rule 7 24. 8 4. The senate calendar shall include a listing 9 of senate appropriations committee bills and bills 10 reported out by the senate appropriations committee. 11 The list shall be known as the “Appropriations 12 Calendar”. The secretary shall list the bills in 13 numerical order. Upon their first publication in the 14 calendar, bills on the appropriations calendar may be 15 called up for debate at any time by the majority leader 16 provided they are eligible under Rule 8. 17 5. The senate calendar shall include a listing 18 of bills which pertain to the levy, assessment or 19 collection of taxes sponsored by or initially assigned 20 to and reported out by the senate ways and means 21 committee. The list shall be known as the “Ways and 22 Means Calendar”. The secretary shall list the bills in 23 numerical order. Upon their first publication in the 24 calendar, bills on the ways and means calendar may be 25 called up for debate at any time by the majority leader 26 provided they are eligible under Rule 8. 27 6. The senate calendar shall include a list of 28 bills and resolutions, known as the “Regular Calendar”, 29 which shall consist of bills and resolutions reported 30 -4- SR 3 (22) 88 tm/jh/jh 4/ 48
S.R. 3 out by a senate committee. The bills and resolutions 1 shall be listed in numerical order. Priority shall be 2 given to senate over house bills and resolutions. Upon 3 their first publication in the calendar, bills on the 4 regular calendar may be called up for debate at any 5 time by the majority leader, provided they are eligible 6 under Rule 8. 7 A bill reported out of committee which is 8 subsequently referred to the ways and means or 9 appropriations committee and then reported out of that 10 committee, shall be returned to the regular calendar in 11 numerical order. 12 7. The senate calendar shall include a listing of 13 the governor’s appointees to state boards, commissions, 14 and other offices requiring senate confirmation. This 15 listing shall be known as the “Confirmation Calendar”. 16 Names on the confirmation calendar may be called up 17 for confirmation at any time by the majority leader 18 provided they are eligible under rule 59. 19 8. The majority leader, or in the absence of the 20 majority leader the assistant majority leaders, may 21 select from among the bills on the previous legislative 22 day’s Senate calendar and from the bills selected 23 create a new listing which shall be known as the 24 “Tentative Debate Calendar”. A bill or resolution on 25 the tentative debate calendar may be debated only when 26 eligible under Rule 8. 27 9. If the senate shall not be in session on a day 28 assigned in paragraph eight subsection 8 for action 29 upon a calendar, such assigned action may occur on the 30 -5- SR 3 (22) 88 tm/jh/jh 5/ 48
S.R. 3 next succeeding legislative day. 1 10. On any bill called up for debate from any 2 calendar, debate may continue from day to day until 3 it is adopted, fails, or is postponed or deferred. If 4 further debate is postponed or deferred without a time 5 to continue being set, the bill shall be listed as 6 unfinished business. Bills that are returned to the 7 committee of first referral or to a different committee 8 after being considered by the senate and classified as 9 unfinished business shall be returned to the unfinished 10 business calendar by that committee when the bill is 11 reported out of committee. The unfinished business 12 date on the calendar shall be the date on which the 13 bill was returned to committee. 14 Rule 7 15 Reserved. 16 Rule 8 17 When Eligible for Consideration 18 Bills, resolutions, and appointments shall be 19 eligible for consideration by the senate as follows: 20 1. An appointment by the governor which requires 21 senate confirmation shall be eligible on the second 22 legislative day it is printed in the senate calendar as 23 provided by Rule 59. 24 2. A house or individually sponsored bill or 25 resolution reported out by a committee shall be 26 eligible on the second legislative day it is printed in 27 the senate calendar. 28 3. A committee bill or resolution sponsored by 29 the appropriations committee shall be eligible on the 30 -6- SR 3 (22) 88 tm/jh/jh 6/ 48
S.R. 3 second legislative day it is printed in the senate 1 calendar. 2 4. Any committee bill or resolution, other than 3 a bill or resolution sponsored by the appropriations 4 committee, shall be eligible on the third legislative 5 day it is printed in the senate calendar. 6 5. A bill that has been reported out to the 7 senate calendar, referred to a different committee 8 and reported out by that committee is eligible for 9 consideration by the senate on the day it would have 10 been eligible under subsection 2, 3, or 4, whichever 11 is applicable, as if the bill had been printed in the 12 calendar after having been reported out by the first 13 committee. 14 Rule 9 15 Debate and Decorum 16 Before addressing the senate, the senator shall 17 request recognition by depressing the “speak” device 18 and, when recognized, rise and respectfully address the 19 chair. 20 The senator shall confine all remarks to the 21 question under debate and shall avoid discussing 22 personalities or implication of improper motives. No 23 questions except by the senator recognized shall be 24 entertained after a senator is recognized to give final 25 remarks. 26 Rule 10 27 Point of Personal Privilege 28 A point of personal privilege shall only be 29 recognized immediately prior to adjournment for the 30 -7- SR 3 (22) 88 tm/jh/jh 7/ 48
S.R. 3 day when there is no motion pending or other business 1 being considered by the senate. Points of personal 2 privilege shall not be in order during the time when 3 appropriation subcommittees are scheduled to meet. 4 Senators speaking on a point of personal privilege 5 shall be limited to ten minutes. 6 Rule 11 7 Introduction and Presentation of Guests 8 Only former members of the senate and former and 9 present members of Congress shall be presented to 10 the senate, except that the president of the senate 11 may present a visitor whose presence is of special 12 significance to the senate. The introduction of 13 school groups accompanied by school officials shall be 14 announced by the president of the senate or a senator 15 and shall be recorded in the journal upon written 16 request of a member of the senate. Senators may be 17 recognized to introduce guests in the galleries when 18 there is no motion pending or other business being 19 considered by the senate. Introductions shall be 20 limited to one minute. 21 Rule 12 22 Form and Withdrawal of Motions, Amendments , and 23 Signatures 24 Motions need not be in writing unless required by 25 the president or by the senate. No motion requires 26 a second. Any amendment, motion (including a motion 27 to reconsider), or resolution may be withdrawn by the 28 mover if it has not been amended by the senate and if 29 no amendment is pending. All amendments to bills, 30 -8- SR 3 (22) 88 tm/jh/jh 8/ 48
S.R. 3 resolutions, and reports shall be in writing and filed 1 before being acted upon by the senate. 2 No amendment, resolution, bill, or conference 3 committee report shall be considered by the senate 4 without a copy of the amendment, resolution, bill, or 5 conference committee report being on the desks of the 6 entire membership of the senate prior to consideration. 7 However, after the fourteenth week of the first session 8 and the twelfth week of the second session, amendments 9 and senate resolutions may be considered by the senate 10 without a copy of the amendment or senate resolution 11 being on the desks of the entire membership of the 12 senate if a copy of the amendment or senate resolution 13 is made available to the entire membership of the 14 senate electronically. However, such consideration 15 shall be deferred until a copy of the amendment or 16 senate resolution is on the desk of any senator who so 17 requests. 18 All amendments, reports, petitions or other 19 documents requiring a signature shall have the name 20 printed under the place for the signature. Once a 21 signature is affixed and the document containing the 22 signature filed with the recording clerk in the well, 23 that signature shall not be removed. 24 When an amendment to a main amendment is filed that 25 would negate the effect of the main amendment and 26 thereby leave the bill unchanged, the presiding officer 27 shall have the authority to declare the amendment to 28 the main amendment out of order, subject to an appeal 29 to the full senate. 30 -9- SR 3 (22) 88 tm/jh/jh 9/ 48
S.R. 3 When a house amendment to a senate file is before 1 the senate, an amendment to the house amendment shall 2 be considered an amendment in the first degree. 3 Regardless of its origin, an amendment in the third 4 degree shall be ruled out of order. 5 When a ruling on whether an amendment is or is not 6 germane is issued, the ruling shall be accompanied by 7 an explanation. 8 Rule 13 9 Order and Precedence of Motions and Amendments 10 When a question is under debate, no motion shall 11 be received but to adjourn, to recess, questions 12 of privilege, to lay on the table, for the previous 13 question, to postpone to a day certain, to refer, 14 to amend, to postpone indefinitely, to defer, or 15 incidental motions. A substitute is not in order 16 unless it is in the form of a motion to substitute. 17 Such motions shall have precedence in the order in 18 which they are named. No motion to postpone to a 19 day certain, to refer, or postpone indefinitely, 20 being decided, shall be again allowed on the same 21 day with regard to the same question. A motion to 22 strike out the enacting clause of a bill shall have 23 precedence over all amendments and, if carried, shall 24 be considered equivalent to the rejection of the bill. 25 A motion to strike everything after the enacting 26 clause has precedence over a committee amendment and 27 all other amendments except one to strike the enacting 28 clause. A committee amendment has precedence over all 29 other amendments except as provided in this rule. 30 -10- SR 3 (22) 88 tm/jh/jh 10/ 48
S.R. 3 A motion to rerefer a bill to committee may specify 1 when the committee shall report the bill to the senate. 2 If the motion is adopted in such form, the committee 3 must report the bill by the date and time specified 4 with or without recommendation or the bill shall 5 automatically be returned to the calendar. When the 6 bill is returned to the calendar, it shall occupy 7 the same position it occupied at the time the bill 8 was rereferred to the committee. If the committee 9 to which the bill is rereferred submits an amendment 10 in its report, that committee amendment shall take 11 precedence over other amendments except if that 12 committee amendment is in conflict with amendments 13 previously adopted, the committee amendment shall 14 not be considered until consideration of motions to 15 reconsider the previously adopted amendments result 16 in removing the conflict. A committee may not file 17 an amendment to a bill unless the bill is in the 18 committee’s possession. 19 Rule 14 20 Motions Before the Senate 21 Motions before the senate , except motions for 22 adjournment or recess, shall be displayed on the 23 electronic voting system display boards. 24 Rule 15 25 Nondebatable Motions 26 The following motions are not debatable: 27 Adjourn 28 Recess 29 Lift a Call of the Senate 30 -11- SR 3 (22) 88 tm/jh/jh 11/ 48
S.R. 3 Lay on Table or Take from Table 1 Previous Question 2 Reconsider vote by which bill was placed on last 3 reading. 4 A Motion to Reconsider and Lay the Motion to 5 Reconsider on the Table (Double-barreled Motion). 6 Rule 16 7 Division of the Question 8 Any senator may call for a division of a question, 9 which shall be divided if it includes propositions 10 so distinct that if one is taken away, a substantive 11 proposition shall remain in a technically proper form 12 for the decision of the senate. A motion to strike out 13 and insert is indivisible; but a motion to strike out, 14 if lost, shall not preclude amendments to the matter 15 attempted to be stricken or a motion to strike out and 16 insert. 17 Rule 17 18 The Previous Question 19 The previous question shall be in this form: “Shall 20 debate be closed on the pending question?” A motion 21 for the previous question may be adopted by a majority 22 of the senators present and voting. Its effect shall 23 be to put an end to debate and bring the senate to a 24 direct vote upon the pending question. However, any 25 senator who has not previously spoken on the pending 26 question and who, after the main question is taken up 27 and before the motion for the previous question has 28 been made, requested recognition by depressing the 29 “speak” device may speak no longer than five minutes 30 -12- SR 3 (22) 88 tm/jh/jh 12/ 48
S.R. 3 on the pending question. If action on the pending 1 question continues into another legislative day or is 2 deferred, the previous question shall apply and the 3 requests to be recognized shall be honored. 4 When the motion applies to an amendment, the senator 5 proposing the amendment shall have five minutes to 6 close debate on the amendment. 7 The senator handling the measure under consideration 8 shall have ten minutes to close debate on the main 9 question. 10 Rule 18 11 Call of the Senate 12 Ten senators may file in writing a call of the 13 senate on any single item of legislative business. 14 A call of the senate requires the presence of every 15 senator and is in order at any time prior to the vote 16 being announced by the president. The sergeant-at-arms 17 shall return promptly all absent senators. Debate 18 on the item may continue while absent senators are 19 returning, but no vote on the item is in order on it 20 until all have returned. Adoption of a motion to 21 recess or adjourn to a specific time will not lift 22 the call. The call may be lifted, or a senator may 23 be excused from the call without lifting the call, by 24 a vote of a constitutional majority of the senators. 25 Those senators excused prior to the filing of the call 26 are excused from the call. 27 Rule 19 28 Committee of the Whole 29 The senate may resolve itself into a committee of 30 -13- SR 3 (22) 88 tm/jh/jh 13/ 48
S.R. 3 the whole senate when it wishes to permit more free and 1 informal discussion. Persons other than senators may 2 appear and present information. 3 Any senator may move “that the senate now resolve 4 itself into a committee of the whole to consider” a 5 stated subject. 6 The president of the senate shall be chair of the 7 committee of the whole unless otherwise ordered by the 8 senate. 9 The procedure in committee of the whole is subject 10 to the rules of the senate. The previous question and 11 the motion to reconsider shall be in order. 12 The committee of the whole cannot take any final 13 action and its power is limited to recommendation to 14 the senate. The proceedings of the committee of the 15 whole, including any roll call vote, shall be printed 16 in the journal. 17 Any senator may at any time, except while voting or 18 while a senator has the floor, move that “the committee 19 rise” which is equivalent to a motion to adjourn. 20 After adoption of the motion to rise, the chair 21 may report to the senate in the same manner as other 22 committee reports are given. 23 Rule 20 24 Last Reading and Passage of Bills 25 When a motion to place a bill on its last reading is 26 lost, the same motion shall be in order at any later 27 time. After the last reading of a bill, no amendment 28 shall be received. The vote on final passage shall be 29 taken immediately without debate. 30 -14- SR 3 (22) 88 tm/jh/jh 14/ 48
S.R. 3 Rule 21 1 Engrossment of Bills 2 An engrossment is a proofreading and verification 3 in order to be certain that a bill before the senate is 4 identical with the original bill as introduced with all 5 amendments which have been adopted correctly inserted. 6 In an engrossed bill, all obvious typographical, 7 spelling or other clerical errors are corrected and 8 section or paragraph numbers and internal references 9 are changed as required to conform the original bill 10 to any amendments which have been adopted. All such 11 corrections or changes shall be reported in the journal 12 by the secretary of the senate. The engrossed bill 13 shall be placed in the bill file with the original bill 14 and amendments. 15 Rule 22 16 Manner of Voting 17 On voice vote, the question shall be distinctly put 18 in this form: “Those in favor of (the question) say 19 ‘aye’ ‘yea’ .” “Those opposed to (the question) say 20 ‘no’.” 21 A non-record or record roll call vote may be 22 requested by any senator or ordered by the president 23 any time before the results are announced. A 24 non-record roll call shall be requested by asking for a 25 “division”. A record roll call shall be requested by 26 asking for a “record”. Upon request for a non-record 27 or record roll call vote, the president shall announce 28 that such a non-record or record roll call vote has 29 been requested and shall state the question to be put 30 -15- SR 3 (22) 88 tm/jh/jh 15/ 48
S.R. 3 to the senate. The president then shall direct the 1 secretary of the senate to receive the votes. 2 Senators present may cast their votes, either 3 by operating the voting mechanism located at their 4 assigned desk or by signaling the president if they are 5 unable to vote at their assigned desk. The president 6 shall enter the votes of senators signaling their 7 votes. 8 After sufficient time has elapsed for all senators 9 present to record their votes, the president shall 10 direct the secretary of the senate to close the voting 11 system. The president shall still enter the senators’ 12 votes at any time prior to directing the secretary of 13 the senate to lock the voting system. The president 14 shall then immediately announce the vote. 15 During a record roll call vote, both individual 16 votes and vote totals shall be indicated on the display 17 boards and printed in the journal. On non-record 18 roll calls, only vote totals shall be indicated on the 19 display boards and printed in the journal. 20 In the event the electronic voting system is not 21 in operating order, the president shall direct the 22 secretary of the senate to take the non-record or 23 record roll call by calling the names of the senators 24 in alphabetical order. 25 Rule 23 26 Duty of Voting 27 Every senator present when a question is put shall 28 vote “aye” “yea” , “no”, or “present” unless previously 29 excused by the senate. Upon demand being made by any 30 -16- SR 3 (22) 88 tm/jh/jh 16/ 48
S.R. 3 senator, the secretary of the senate shall call in 1 alphabetical order the names of the senators not voting 2 or voting “present”. Those senators called shall 3 vote “aye” “yea” or “no” unless the senator states a 4 personal interest in the question or concludes that he 5 or she should not vote under the senate code of ethics. 6 Rule 24 7 Reconsideration 8 When a main motion has been decided by the senate, 9 any senator having voted on the prevailing side 10 may move to reconsider the vote on the same or next 11 legislative day. Motions to reconsider the vote on a 12 bill or resolution shall be in writing and filed with 13 the secretary of the senate. 14 Notwithstanding any time limitations applicable 15 to motions to reconsider main motions, a motion to 16 reconsider the vote on an amendment may be made at 17 any time before final disposition of the motion to 18 be amended. Such motion shall be in writing and 19 filed with the secretary of the senate. A motion to 20 reconsider an amendment to a main motion shall be taken 21 up for consideration only prior to the disposition of 22 the main motion or upon reconsideration of the main 23 motion. 24 A constitutional majority by a record roll call is 25 necessary to reconsider a bill or joint resolution. 26 During three legislative days from the date the motion 27 to reconsider a bill or resolution is filed, only the 28 mover may call it up. Thereafter, any senator may call 29 up the motion. If a date for adjournment has been set 30 -17- SR 3 (22) 88 tm/jh/jh 17/ 48
S.R. 3 by resolution of the senate, any senator may call up 1 a motion to reconsider at any time within three days 2 prior to the date set for adjournment. 3 If the motion to reconsider a bill or resolution 4 prevails, motions to reconsider amendments thereto 5 shall be in order and shall be disposed of without 6 delay. 7 A motion that any action taken by the senate be 8 reconsidered and the motion to reconsider be laid upon 9 the table shall be a single and indivisible motion, 10 known as the double-barreled motion, which, if carried, 11 shall have the effect of preventing reconsideration 12 unless a motion to take from the table prevails. 13 A constitutional majority is necessary for the 14 double-barreled motion to prevail on a bill or joint 15 resolution. The double-barreled motion can only be 16 made from the floor after the vote is announced and the 17 member who moved the final reading shall have priority 18 in making it. 19 A motion to reconsider and lay on the table shall 20 have priority over a motion to reconsider if they are 21 both filed on the same legislative day. 22 In the event that a motion to reconsider is pending 23 at the end of the first session or any extraordinary 24 session of any general assembly, or the general 25 assembly adjourns sine die, and the motion has not been 26 voted upon by the senate, it shall be determined to 27 have failed. 28 Rule 25 29 Suspension of Rules and Taking from Table 30 -18- SR 3 (22) 88 tm/jh/jh 18/ 48
S.R. 3 No standing rule or rules incorporated by reference 1 under Rule 3 or order of the senate shall be rescinded 2 or suspended, nor shall any matter, tabled upon 3 motion, be taken up, except by an affirmative vote of a 4 constitutional majority of the senate. 5 INTRODUCTION AND FORM OF BILLS 6 Rule 26 7 Time and Method of Introducing Bills and Amendments 8 All bills to be introduced in the senate shall be 9 typed in proper form by the legislative services agency 10 and shall be filed with the recording clerk. 11 All amendments shall be typed in proper form and 12 filed with the recording clerk not later than 4:30 13 p.m., or adjournment, whichever is later, in order to 14 be listed in the following day’s clip sheet. 15 An “impact amendment” is an amendment which 16 reasonably could have an annual effect of at least one 17 hundred thousand dollars or a combined total effect 18 within five years after enactment of five hundred 19 thousand dollars or more on the aggregate revenues, 20 expenditures or fiscal liability of the state or its 21 subdivisions. 22 An impact amendment to a bill which has been on 23 the calendar for at least three full legislative days 24 prior to its consideration shall not be taken up by the 25 senate unless: 26 1. a fiscal note is attached, and the amendment is 27 filed at least one legislative day prior to the date 28 set for consideration of the bill; or 29 2. the amendment is an appropriation or other 30 -19- SR 3 (22) 88 tm/jh/jh 19/ 48
S.R. 3 measure where the total effect is stated in dollar 1 amounts. 2 Rule 27 3 Limit on Introduction of Bills 4 No bill or joint resolution, except bills and 5 joint resolutions cosponsored by the majority and 6 minority floor leaders, or companion bills and joint 7 resolutions sponsored by the majority floor leaders of 8 both houses, shall be introduced in the senate after 9 4:30 p.m. on Friday of the fifth week of the first 10 regular session of a general assembly unless a formal 11 request for drafting the bill has been filed with the 12 legislative services agency before that time. After 13 adjournment of the first regular session, bills may 14 be prefiled at any time before the convening of the 15 second regular session. No bill shall be introduced 16 after 4:30 p.m. on Friday of the second week of the 17 second regular session of a general assembly unless a 18 formal request for drafting the bill has been filed 19 with the legislative services agency before that time. 20 However, standing committees may introduce bills and 21 joint resolutions at any time. A bill which relates 22 to departmental rules sponsored by the administrative 23 rules review committee and approved by a majority 24 of the members of the committee in each house may 25 be introduced at any time and must be referred to a 26 standing committee which must take action on the bill 27 within three weeks. Senate and concurrent resolutions 28 may be introduced at any time. 29 No bill, joint resolution, concurrent resolution 30 -20- SR 3 (22) 88 tm/jh/jh 20/ 48
S.R. 3 or senate resolution shall be introduced at any 1 extraordinary session unless sponsored by a standing 2 committee, the majority and minority floor leaders, or 3 the committee of the whole. 4 Rule 28 5 Introduction, Reading, and Form of Bills and 6 Resolutions 7 Every senate bill and resolution shall be introduced 8 by one or more senators or by any standing committee 9 of the senate and shall at once be given its first 10 reading. 11 If the senate is in session when a bill or 12 resolution is introduced, the first reading shall 13 consist of reading its file number, the title and 14 sponsor of the bill. If the senate is not in session 15 but a journal is published for the day, the first 16 reading shall consist of a journal entry of the bill’s 17 file number, title, sponsor and the notation “Read 18 first time under Rule 28”. 19 Any bill or resolution approved for introduction by 20 a standing committee during an interim period between 21 sessions of one General Assembly shall be introduced 22 without further action by the committee at the next 23 succeeding regular session of the same General Assembly 24 and placed immediately upon the regular calendar. 25 Every bill and resolution referred to committee 26 shall have received two readings before its passage. 27 The subject of every bill shall be expressed in its 28 title. 29 Rule 29 30 -21- SR 3 (22) 88 tm/jh/jh 21/ 48
S.R. 3 Explanations 1 No bill, except appropriation committee bills and 2 simple or concurrent resolutions, shall be introduced 3 unless a concise and accurate explanation is attached. 4 The chief sponsor or a committee to which the bill has 5 been referred may add a revised explanation at any time 6 before the last reading, and it shall be included in 7 the daily clip sheet. 8 Rule 30 9 Resolutions 10 A “senate resolution” is a resolution acted upon 11 only by the senate which relates to an accomplishment 12 of national or international status; the dedication 13 of a day by a statewide or national group; the 14 one hundredth, one hundred twenty-fifth, or one 15 hundred fiftieth anniversary of a local government 16 or organization; the recognition of state ties to 17 other governments; the retirement of a senator 18 or long-time senate employee; or to rules and 19 administrative matters, including the appointment 20 of special committees, within the senate. A senate 21 resolution requires the affirmative vote of a majority 22 of the senators present and voting, unless otherwise 23 required in these rules. A senate resolution shall 24 be filed with the secretary of the senate. A senate 25 resolution shall be printed in the bound journal after 26 its adoption and in the daily journal upon written 27 request to the secretary of the senate by the sponsor 28 of the resolution. Other expressions of sentiment 29 or recognition may be made with the issuance of a 30 -22- SR 3 (22) 88 tm/jh/jh 22/ 48
S.R. 3 certificate of recognition. 1 Rule 31 2 Nullification Resolutions 3 A nullification resolution may be introduced 4 by a standing committee, the administrative rules 5 review committee, or any member of the senate. 6 A nullification resolution introduced by the 7 administrative rules review committee or a member 8 of the senate shall be referred to the same standing 9 committee it would be referred to if it was a bill. 10 Any nullification resolution may be referred to the 11 administrative rules review committee by a majority 12 vote of the standing committee which introduced it 13 or to which it was referred. The administrative 14 rules review committee may seek an agreement with the 15 affected administrative agency wherein the agency 16 agrees to voluntarily rescind or modify a rule or rules 17 relating to the subject matter of the nullification 18 resolution. An agreement to voluntarily rescind 19 or modify an administrative agency rule shall be in 20 writing and signed by the chief administrative officer 21 of the administrative agency and a majority of the 22 administrative rules review committee members of each 23 house and shall be placed on file in the offices of 24 the chief clerk of the house, the secretary of the 25 senate , and the secretary of state. If an agreement 26 is not reached, or the nullification resolution is 27 not approved by a majority of the administrative rules 28 review committee members of each house, within two 29 weeks of the date the resolution is referred to the 30 -23- SR 3 (22) 88 tm/jh/jh 23/ 48
S.R. 3 administrative rules review committee, the resolution 1 shall be placed on the calendar. If the nullification 2 resolution is approved by the administrative rules 3 review committee it shall be placed on the calendar. 4 A nullification resolution is subject to a motion to 5 withdraw the nullification resolution as provided in 6 rule 42. 7 A nullification resolution is debatable, but cannot 8 be amended on the floor of the senate. 9 Rule 32 10 Resolutions, Applicable Rules 11 All rules applicable to bills shall apply to 12 resolutions, except as otherwise provided in the rules. 13 Rule 33 14 Study Bills 15 1. A study bill is any matter which a senator 16 wishes to have considered by a standing committee or 17 appropriations subcommittee for introduction as a 18 committee bill or resolution. The term “study bill” 19 includes “proposed bills” provided for in Rule 37 and 20 departmental requests prefiled in the manner specified 21 in section 2.16 of the Code. 22 2. A study bill shall bear the name of the member 23 who wishes to have the bill considered. A study bill 24 proposed by a state agency shall bear the name of the 25 agency. A committee chair may submit a study bill in 26 the name of that committee. 27 3. Upon first receiving a study bill from a 28 senator, a committee chairperson shall submit three 29 copies to the secretary of the senate. Study bills 30 -24- SR 3 (22) 88 tm/jh/jh 24/ 48
S.R. 3 received in the secretary of the senate’s office before 1 3:00 p.m. shall be filed, numbered, and reported in 2 the journal for that day. Study bills received in the 3 secretary of the senate’s office after 3:00 p.m. shall 4 be filed, numbered, and reported in the journal for the 5 subsequent day. The secretary shall number such bills 6 in consecutive order. The secretary shall maintain a 7 record of all study bills and their assigned number. 8 Committee records shall refer to study bills by the 9 number assigned by the secretary. 10 4. The secretary shall file a report in the journal 11 of each study bill received. The report shall show 12 the study bill number, its title or subject matter , 13 and the committee which is considering it. If a study 14 bill is referred to a subcommittee, then the committee 15 chairperson shall report in the journal the names of 16 the subcommittee members to which it is assigned. 17 5. A study bill not prepared by the legislative 18 services agency may be submitted to a standing 19 committee, but shall not be considered by the full 20 committee unless reviewed and typed in proper form by 21 the legislative services agency. 22 COMMITTEES AND COMMITMENT 23 Rule 34 24 Committee Appointments 25 Committee appointments shall be made by the majority 26 leader for members of the majority, after consultation 27 with the president, and by the minority leader for 28 members of the minority, after consultation with 29 the president. No senator shall serve on more than 30 -25- SR 3 (22) 88 tm/jh/jh 25/ 48
S.R. 3 six standing committees. The majority leader, after 1 consultation with the president, shall designate the 2 chairperson and vice-chairperson of each standing 3 committee. The minority leader, after consultation 4 with the president, shall designate the ranking member 5 of each standing committee from the minority membership 6 of that committee. 7 Rule 35 8 Standing Committees 9 The names of the standing committees of the senate 10 shall be: 11 Agriculture 12 Appropriations 13 Commerce 14 Education 15 Government Oversight 16 Human Resources 17 Judiciary 18 Labor and Business Relations 19 Local Government 20 Natural Resources and Environment 21 Rules and Administration 22 State Government 23 Transportation 24 Veterans Affairs 25 Ways and Means 26 Rule 36 27 Committee on Rules and Administration 28 The committee on rules and administration shall 29 recommend rules and rule changes to the senate, shall 30 -26- SR 3 (22) 88 tm/jh/jh 26/ 48
S.R. 3 hire senate employees, shall recommend salary scales 1 for all senate employees, and shall oversee senate 2 budget and administration matters. 3 The committee on rules and administration will 4 select, for senate approval, an individual to serve as 5 secretary of the senate. 6 The committee shall have the following standing 7 subcommittees: 8 1. Joint Rules 9 2. Senate Rules 10 3. Administrative Services 11 4. Caucus Services 12 The majority leader shall serve as chair of the 13 rules and administration committee and as chair of 14 the standing subcommittee on caucus services. The 15 president of the senate shall serve as vice-chair of 16 the rules and administration committee, and as chair of 17 the subcommittee on administrative services. 18 Rule 37 19 Appropriations Committee 20 The appropriations committee shall receive bills 21 committed to it and shall assign each to one of the 22 appropriations subcommittees. 23 The appropriations subcommittees shall be named: 24 Administration and Regulation 25 Agriculture and Natural Resources 26 Economic Development 27 Education 28 Health and Human Services 29 Justice System 30 -27- SR 3 (22) 88 tm/jh/jh 27/ 48
S.R. 3 Transportation, Infrastructure, and Capitals 1 The appropriations subcommittees shall receive 2 bills assigned to them or may originate proposed bills 3 within the subcommittee’s jurisdiction as defined by 4 the appropriations committee for consideration by the 5 appropriations committee. Each subcommittee may submit 6 amendments to bills together with the subcommittee’s 7 recommended action to the appropriations committee. 8 If a bill or proposed bill is submitted to the 9 appropriations committee by an appropriations 10 subcommittee the appropriations committee may: 11 1. report the bill or approve the proposed bill for 12 introduction by the appropriations committee; 13 2. report the bill with any appropriations 14 committee-approved amendments incorporated; 15 3. draft a new bill for sponsorship by the 16 appropriations committee and report it; or 17 4. re-refer it together with the appropriations 18 committee’s objections to the appropriations 19 subcommittee from which it was originally referred or 20 which originated the draft bill. 21 The appropriations committee and subcommittees may 22 meet jointly with the appropriations committee of the 23 house of representatives. 24 Rule 38 25 First Reading and Commitment 26 Upon the first reading of an individual bill or 27 resolution, or a house committee bill or resolution, 28 the president shall refer the bill or resolution to 29 an appropriate standing committee. If the bill or 30 -28- SR 3 (22) 88 tm/jh/jh 28/ 48
S.R. 3 resolution is a senate committee bill or resolution, 1 the president shall place it on the calendar after 2 its first reading. If the subject of the bill or 3 resolution is not germane to the title of the committee 4 presenting it, the president of the senate may refer it 5 to a committee deemed appropriate. 6 All bills carrying an appropriation for any purpose 7 or involving the expenditure of state funds shall be 8 referred to the committee on appropriations. 9 All bills pertaining to the levy, assessment or 10 collection of taxes or fees shall be referred to the 11 committee on ways and means. 12 Any bill which provides for a new state board, 13 commission, agency , or department or makes separate or 14 autonomous an existing state board, commission, agency , 15 or department, shall be referred to the committee 16 on state government. If the bill or resolution is 17 so referred after being sponsored or reported out 18 by another committee, and if the committee on state 19 government does not report out the bill or resolution 20 within ten legislative days after referral, the bill 21 or resolution shall automatically be restored to the 22 calendar with the same priority it had immediately 23 before referral. 24 This rule shall also apply when such provisions are 25 added to a bill or resolution by amendment adopted by 26 the senate. 27 Rule 39 28 Rules for Standing Committees 29 The following rules shall govern all standing 30 -29- SR 3 (22) 88 tm/jh/jh 29/ 48
S.R. 3 committees of the senate. Any committee may adopt 1 additional rules which are consistent with these rules: 2 1. A majority of the members shall constitute a 3 quorum. 4 2. The chair of a committee shall refer each bill 5 and resolution to a subcommittee within seven days 6 after the bill or resolution has been referred to 7 the committee. The chair may appoint subcommittees 8 for study of bills and resolutions without calling a 9 meeting of the committee, but the subcommittee must 10 be announced at the next meeting of the committee by 11 placing notice in the journal . No bill or resolution 12 shall be reported out of a committee until the next 13 meeting after the subcommittee is announced, except 14 that the chair of the appropriations committee may make 15 the announcement of the assignment to a subcommittee by 16 placing a notice in the journal. Any bill so assigned 17 by the appropriations committee chair shall be eligible 18 for consideration by the committee upon report of the 19 subcommittee but not sooner than three legislative days 20 following the publication of the announcement in the 21 journal . 22 When a bill or resolution has been assigned to a 23 subcommittee, the chair shall report to the senate 24 the bill or resolution number and the names of the 25 subcommittee members and such reports shall be reported 26 in the journal. Subcommittee assignments shall be 27 reported to the journal daily. Reports filed before 28 3:00 p.m. shall be printed in the journal for that day; 29 reports filed after 3:00 p.m. shall be printed in the 30 -30- SR 3 (22) 88 tm/jh/jh 30/ 48
S.R. 3 journal for the subsequent day. 1 Where standing subcommittees of any committee have 2 been named, the names of the members and the title of 3 the subcommittee shall be published once and thereafter 4 publication of assignments may be made by indicating 5 the title of the subcommittee. 6 3. No bill or resolution shall be considered by a 7 committee until it has been referred to a subcommittee , 8 the subcommittee has held a public meeting, and the 9 subcommittee has made its report unless otherwise 10 ordered by a majority of the members. 11 4. The rules adopted by a committee, including 12 subsections 2, 3, 9, 10, 11, and 12 of this rule, may 13 be suspended by an affirmative vote of a majority of 14 the members of the committee. 15 5. The affirmative vote of a majority of the 16 members of a committee is needed to sponsor a committee 17 bill or resolution or to report a bill or resolution 18 out for passage. 19 6. The vote on all bills and resolutions shall be 20 by roll call unless a short-form vote is unanimously 21 agreed to by the committee. A record shall be kept by 22 the secretary. 23 7. No committee , except a conference committee, 24 is authorized to meet when the senate is in session. 25 This rule does not apply to conference committees or 26 subcommittees. 27 8. A subcommittee shall not report a bill to the 28 committee unless the bill has been typed into proper 29 form by the legislative services agency. 30 -31- SR 3 (22) 88 tm/jh/jh 31/ 48
S.R. 3 9. A bill or resolution shall not be voted upon the 1 same day a public hearing called under subsection 10 is 2 held on that bill or resolution. 3 10. Public hearings may be called at the discretion 4 of the chair. The chair shall call a public hearing 5 upon the written request of one-half the membership of 6 the committee. The chair shall set the time and place 7 of the public hearing. 8 11. A subcommittee chair must notify the committee 9 chair not later than one legislative day prior to 10 bringing the bill or resolution before the committee. 11 The committee cannot vote on a bill or resolution for 12 at least one full day following the receipt of the 13 subcommittee report by the chairperson. 14 12. A motion proposing action on a bill or 15 resolution that has been defeated by a committee shall 16 not be voted upon again at the same meeting of the 17 committee. 18 13. Committee meetings and subcommittee meetings 19 shall be open. 20 Rule 40 21 Voting in Committee 22 All committee meetings shall be open at all times. 23 Voting by secret ballot is prohibited. Roll call votes 24 shall be taken in each committee when final action on 25 any bill or resolution is voted, unless a short-form 26 vote is unanimously agreed to by the committee. A roll 27 call vote also shall be taken in each committee at the 28 request of a member upon any amendment or motion. All 29 results shall be entered in the minutes which shall be 30 -32- SR 3 (22) 88 tm/jh/jh 32/ 48
S.R. 3 public records. Records of these votes shall be made 1 available by the chair or the committee secretary at 2 any time. This rule also applies to the appropriations 3 subcommittees. 4 The committee shall not authorize the introduction 5 of a committee bill or resolution until the members 6 have received final copies of the bill or resolution 7 with amendments or changes incorporated, and typed 8 into proper form by the legislative services agency. 9 The committee may, by unanimous consent, dispense with 10 this requirement and instruct the legislative services 11 agency to file a report with the committee members 12 detailing the amendments or changes and this report 13 shall become a part of the committee report. 14 Rule 41 15 Announcement of Committee Meetings 16 It shall be in order for the chair of any committee 17 to announce to the senate the time and place of 18 committee meetings. The announcement shall include a 19 proposed agenda for the meeting. The sergeant-at-arms 20 shall post at the rear of the chamber the daily 21 schedule of committee meetings. 22 Rule 42 23 Withdrawal of Bills and Resolutions from Committee 24 The secretary of the senate shall note on each bill 25 and resolution the date of its reference to committee. 26 No bill or resolution shall be withdrawn from any 27 committee within fifteen legislative days after the 28 bill or resolution has been referred to the committee 29 and thereafter only upon written petition for the 30 -33- SR 3 (22) 88 tm/jh/jh 33/ 48
S.R. 3 withdrawal of such bill or resolution signed by a 1 constitutional majority of the senators, except as 2 provided in Rule 38. Only senators may circulate such 3 a petition. 4 Rule 43 5 Committee Reports 6 1. All committees shall file a report of committee 7 meetings. Such reports shall contain the following 8 information: 9 a. The time the meeting convened; 10 b. Those senators who were present and absent at 11 the time the meeting convened, as well as the time any 12 senator, who was not present at the time the meeting 13 convened, arrives for the meeting; 14 c. The vote on any bill or resolution reported out 15 of the committee for floor action; 16 d. The title of the bill; 17 e. The file number of the bill or resolution (if 18 known); 19 f. Whether the committee recommends that the 20 bill or resolution be passed, amended and passed, 21 indefinitely postponed, or considered without committee 22 recommendation; 23 g. An indication of other bills or matters 24 discussed; 25 h. Such other matters as the committee chair shall 26 direct; and 27 i. The time the meeting adjourned. 28 2. No committee report shall be read, but all 29 committee reports shall be printed in the journal. 30 -34- SR 3 (22) 88 tm/jh/jh 34/ 48
S.R. 3 Upon printing, all committee reports shall then stand 1 approved unless the senate directs otherwise. 2 Rule 44 3 Bills or Resolutions Recommended for Indefinite 4 Postponement 5 No senate bill or resolution recommended for 6 indefinite postponement shall be considered in the 7 absence of the chief sponsor or, if a house bill or 8 resolution, in the absence of the senator representing 9 the district in which the sponsor resides. When a 10 question is postponed indefinitely, it shall not be 11 again acted upon during that session of the general 12 assembly. 13 GENERAL RULES 14 Rule 45 15 Access to Senate Chamber and Decorum 16 The persons who shall have access to the senate 17 chamber, and the times access shall be available, and 18 the rules governing activities in the chamber and other 19 areas controlled by the senate shall be as prescribed 20 by the rules and administration committee pursuant to a 21 written policy adopted by the committee and filed with 22 the secretary of the senate. 23 Rule 46 24 Legislative Interns and Aides 25 Legislative interns for senators shall be allowed 26 on the floor of the senate in accordance with Rule 45; 27 provided that each intern first has obtained a name 28 badge from the secretary of the senate. The secretary 29 of the senate shall issue an appropriate badge to all 30 -35- SR 3 (22) 88 tm/jh/jh 35/ 48
S.R. 3 interns for senators. 1 Rule 47 2 Clearing of Lobby and Gallery 3 In case of disturbance or disorderly conduct in the 4 lobby or gallery, the presiding officer may order it 5 cleared. 6 Rule 48 7 Presentation of Petitions 8 Each petition shall contain a brief statement of its 9 subject matter and the name of the senator presenting 10 it. Petitions shall be filed with the secretary of the 11 senate and noted in the journal. 12 Rule 49 13 Distribution of Printed Material 14 No general distribution of printed material in 15 the senate shall be allowed unless authorized by the 16 secretary of the senate or by a senator. 17 Rule 50 18 Concerning the Printing of Papers 19 Any paper, other than that contemplated by Section 20 10, Article III of the Constitution of the State of 21 Iowa, presented to the senate may, with the consent of 22 a constitutional majority, be printed in the journal. 23 Rule 51 24 Reprinting of Documents 25 When any bill has been substantially amended by the 26 senate, the secretary of the senate shall order the 27 bill reprinted on paper of a different color. All 28 adopted amendments inserting new material shall be 29 distinguishable. 30 -36- SR 3 (22) 88 tm/jh/jh 36/ 48
S.R. 3 The secretary of the senate may order the printing 1 of a reasonable number of additional copies of bills, 2 resolutions, amendments , or journals. 3 OFFICERS AND EMPLOYEES 4 Rule 52 5 Duties of the President 6 The senate shall elect, from its membership, a 7 president. The president shall call the senate to 8 order at the hour to which the senate is adjourned and 9 shall proceed with the regular order of daily business. 10 The president shall preserve order and decorum and 11 decide all questions of order and corrections to the 12 journal. The president shall direct voting as provided 13 in rule 22. When a ruling on whether an amendment 14 is or is not germane is issued, the ruling shall be 15 accompanied by an explanation. The president of the 16 senate shall be the chair of the committee of the whole 17 unless otherwise ordered by the senate, under rule 19. 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 the 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 the appropriate committee. 28 The president shall sign legislative enactments upon 29 their enrolling. 30 -37- SR 3 (22) 88 tm/jh/jh 37/ 48
S.R. 3 The president of the senate shall serve as a member 1 of the legislative council and the senate rules and 2 administration committee. The president shall serve 3 on the rules and administration committee as chair of 4 the standing subcommittee designated to supervise the 5 secretary of the senate and other employees of the 6 administrative services division of the senate. 7 Rule 53 8 The President Pro Tempore 9 The senate shall elect, from its membership, a 10 president pro tempore. When the president is absent, 11 the president pro tempore shall preside, except when 12 the chair is filled by temporary appointment by the 13 president or the majority leader. 14 The president pro tempore, when presiding, shall 15 perform duties as prescribed in rule 52, paragraphs 1 16 and 2. 17 The president pro tempore shall serve as a member of 18 the legislative council and as a member of the senate 19 committee on rules and administration. 20 Rule 54 21 Secretary of the Senate 22 The secretary of the senate shall be a nonpartisan 23 officer of the senate and shall: 24 1. Serve as chief administrative officer of the 25 senate. 26 2. Have charge of the secretary’s desk. 27 3. Be responsible for the custody and safekeeping 28 of all bills, resolutions, and amendments filed, except 29 while they are in the custody of a committee. 30 -38- SR 3 (22) 88 tm/jh/jh 38/ 48
S.R. 3 4. Have charge of the daily journal. 1 5. Have control of all rooms assigned for the use 2 of the senate. 3 6. Keep a detailed record of senate action on all 4 bills and resolutions. 5 7. Insert adopted amendments into bills before 6 transmittal to the house of representatives and prior 7 to final enrollment. 8 8. Prescribe With the exception of caucus employees 9 and employees directly serving the majority leader, 10 the president of the senate, and the minority leader, 11 prescribe the duties of and supervise all senate 12 employees. 13 9. Authorize all expenditures of funds within the 14 senate budget. 15 10. The secretary of the senate shall also act as 16 senate parliamentarian and shall: 17 a. Advise the presiding officer of the senate 18 about parliamentary procedures during deliberations of 19 the senate. 20 b. Perform other duties as prescribed by the 21 committee on rules and administration. 22 c. Process the handling of amendments when filed 23 and during the floor consideration of bills. 24 Rule 55 25 Legal Counsel 26 The legal counsel shall be the secretary of the 27 senate or a contractual employee of the senate and 28 shall: 29 1. Serve as attorney and counselor for the senate. 30 -39- SR 3 (22) 88 tm/jh/jh 39/ 48
S.R. 3 2. At the request of the majority or minority 1 leaders, research any legal issue in which the senate 2 has an interest. However, the legal counsel shall not 3 issue nor venture any opinions on unresolved questions 4 of law unless permitted by both the majority and 5 minority leaders. 6 Rule 56 7 Sergeant-at-Arms 8 The sergeant-at-arms shall be an employee of the 9 senate and shall: 10 1. Wear the appropriate badge of his or her office. 11 2. Attend the senate during its sessions. 12 3. Aid in the enforcement of order under the 13 direction of the president of the senate and the 14 secretary of the senate. 15 4. Execute the commands of the senate. 16 5. See that no unauthorized person disturbs the 17 contents of the senators’ desks. 18 6. Supervise the doorkeepers, the assistant 19 sergeant-at-arms, and pages. 20 7. Announce all delegations from the governor or 21 house. 22 8. Supervise the seating of visitors and press 23 representatives. 24 Rule 57 25 Senate Secretaries 26 Every senator shall be permitted to employ for each 27 session of a general assembly a personally selected 28 secretary. 29 Rule 58 30 -40- SR 3 (22) 88 tm/jh/jh 40/ 48
S.R. 3 Use of Electronic Voting System 1 Any officer or employee of the senate, other than 2 a duly elected member of the senate, who operates the 3 electronic voting machine mechanism located at the 4 desk of said member of the senate shall be subject to 5 immediate termination from employment. The provisions 6 of this paragraph shall not apply to the use of the 7 page bell or to testing of the electronic voting 8 system. 9 CONFIRMATION OF APPOINTMENTS 10 Rule 59 11 Appointments 12 The secretary of the senate shall: 13 a. send, to each appointee submitted by the 14 governor for senate confirmation, a copy of a 15 senate questionnaire as approved by the rules and 16 administration committee; 17 b. receive completed questionnaires from appointees 18 and forward copies of the completed questionnaires to 19 appropriate committee members; and 20 c. maintain “Confirmation Calendar” categories 21 on the senate calendar as directed under this rule, 22 senate rule 6, and by the committee on rules and 23 administration. No appointee shall be listed as 24 eligible on the confirmation calendar until the 25 secretary has received the appointee’s completed senate 26 questionnaire. 27 As soon as possible after the convening of a 28 session, and again within one week following March 29 1, the secretary of the senate shall publish in the 30 -41- SR 3 (22) 88 tm/jh/jh 41/ 48
S.R. 3 senate journal the names of all nominees submitted 1 for confirmation. The secretary of the senate shall 2 maintain a file of all appointments received from the 3 governor for confirmation. The file shall contain 4 a description of the duties and the compensation 5 for each nominee. The file shall show the date an 6 appointment was received from the governor, the date 7 the appointment was published in the journal, whether 8 the nominee has been introduced, whether a committee 9 report has been filed, when the senate questionnaire 10 was sent to the appointee, and shall include a copy of 11 the appointee’s completed senate questionnaire, upon 12 receipt. 13 INVESTIGATING COMMITTEES. All appointments 14 received from the governor shall be referred to the 15 rules and administration committee by the secretary 16 of the senate on the same day they are published in 17 the senate journal. The rules and administration 18 committee shall establish an en bloc confirmation 19 calendar which must be filed with the secretary of 20 the senate. Within three (3) legislative days after 21 receiving an appointment, the committee shall either 22 place a nominee on the en bloc confirmation calendar 23 or assign the nominee to an appropriate standing 24 committee for further investigation, publishing notice 25 of such assignment in the senate journal for the next 26 legislative day. If the rules and administration 27 committee fails to take action on a nominee within 28 the three (3) legislative days, the nominee shall 29 automatically be placed on the en bloc confirmation 30 -42- SR 3 (22) 88 tm/jh/jh 42/ 48
S.R. 3 calendar. 1 Within the three (3) legislative days after an 2 appointment has been referred to the rules and 3 administration committee, any ten senators may require 4 that the nominee be assigned to an appropriate standing 5 committee by filing a written, signed request therefor 6 with the chairperson of the rules and administration 7 committee. The committee chair shall refer the 8 appointment to a subcommittee within one (1) three 9 (3) legislative day days after a standing committee 10 receives an appointment for further investigation, 11 publishing notice of such assignment in the senate 12 journal for the next legislative day. Within ten (10) 13 legislative days after a standing committee receives an 14 appointment for further investigation the subcommittee 15 shall file its report with the standing committee. 16 Within fourteen (14) legislative days after a 17 standing committee receives an appointment for 18 further investigation, the committee shall conduct 19 an investigation of the nominee and file its report 20 thereon with the secretary of the senate, who shall 21 then place the nominee on the en bloc calendar or 22 individual confirmation calendar as directed by 23 the committee. The failure of a committee to file 24 its report within the prescribed time means that 25 the nominee is to be automatically placed, without 26 recommendation, upon the individual confirmation 27 calendar. 28 Any individual nominated to head a department or 29 agency of state government, whose appointment is 30 -43- SR 3 (22) 88 tm/jh/jh 43/ 48
S.R. 3 subject to senate confirmation, must be introduced 1 to the full senate prior to a vote on confirmation 2 of the nominee. Additionally, any five (5) senators 3 may request that any nominee be introduced to the 4 senate by filing a written request with the secretary 5 of the senate within ten (10) legislative days of 6 the nominee’s name appearing in the journal. Any 7 individual nominated to a position requiring senate 8 confirmation may request to be introduced to the 9 full senate by notifying the secretary of the senate 10 at least one (1) legislative day in advance of the 11 nominee’s appearance. If an individual is nominated 12 both to fill a vacancy for an unexpired term and is 13 also nominated for reappointment to that position 14 during the same session, a single introduction is 15 sufficient for eligibility for confirmation to both 16 terms. 17 HEARINGS. Any member of a committee investigating 18 an appointment may, within five (5) legislative days 19 after the committee receives the appointment, obtain 20 a hearing with the nominee by filing a written request 21 with the secretary of the senate who shall forward it 22 to the chair of the standing committee and the chair 23 of the subcommittee. Notice of the hearing shall be 24 published in the journal at least two (2) legislative 25 days prior to the hearing. At the hearing, which 26 shall be before the subcommittee, the nominee may be 27 questioned as to his or her qualifications to fulfill 28 the office to which nominated and further questioned 29 as to his or her viewpoints on issues facing the office 30 -44- SR 3 (22) 88 tm/jh/jh 44/ 48
S.R. 3 to which nominated. Any senator may at the discretion 1 of the chair of the subcommittee be permitted to submit 2 oral questions. The public may, at the discretion of 3 the investigating committee, be permitted to submit 4 oral or written statements as to the qualifications of 5 the nominee. 6 Also, within five (5) legislative days after the 7 subcommittee receives an appointment for investigation, 8 any senator may submit written questions to be answered 9 by the nominee prior to consideration of the nominee’s 10 confirmation by the senate. 11 INFORMATIONAL MEETINGS. After a nominee has 12 been placed on the calendar and prior to the vote on 13 confirmation, any senator may request an informational 14 meeting on the nomination which shall be held before 15 the subcommittee. 16 VOTING ON CONFIRMATIONS. Appointments received 17 from the governor for senate confirmation during any 18 session of a general assembly shall be acted upon prior 19 to adjournment of that session by April 15 as provided 20 by section 2.32 of the Code. Upon the motion of the 21 majority leader or his or her designee, the nominees on 22 the en bloc confirmation calendar shall be confirmed 23 en bloc by the affirmative vote of two-thirds of the 24 members elected to the senate. The journal shall 25 reflect a single roll call accompanied by a statement 26 of the names of those individuals subject to the en 27 bloc confirmation vote. 28 Prior to an en bloc vote, any senator may request, 29 either in writing or from the floor, an individual vote 30 -45- SR 3 (22) 88 tm/jh/jh 45/ 48
S.R. 3 on any nominee on the en bloc confirmation calendar. 1 The senate shall vote separately on the nominee. 2 Nominees on the individual confirmation calendar 3 shall be confirmed by a two-thirds vote; however, the 4 senate shall take a separate roll call on each nominee, 5 unless by unanimous consent, it determines to take one 6 vote on all nominees under consideration. In any case, 7 the journal shall reflect a single roll call vote for 8 each nominee. 9 If an individual is nominated both to fill a vacancy 10 for an unexpired term and is also nominated for 11 reappointment to that position, and such appointment 12 and reappointment appear on the senate calendar as 13 eligible at the same time, a single vote is sufficient 14 for confirmation to both terms. 15 Rule 60 16 Time of Committee Passage and Consideration of Bills 17 1. This rule does not apply to concurrent or 18 simple resolutions, joint resolutions nullifying 19 administrative rules, senate confirmations, bills 20 embodying redistricting plans prepared by the 21 legislative services agency pursuant to chapter 22 42, or bills passed by both houses in different 23 forms. Subsection 2 of this rule does not apply to 24 appropriations bills, ways and means bills, government 25 oversight bills, legalizing acts, administrative 26 rules review committee bills, bills sponsored by 27 standing committees in response to a referral from 28 the president of the senate or the speaker of the 29 house of representatives relating to an administrative 30 -46- SR 3 (22) 88 tm/jh/jh 46/ 48
S.R. 3 rule whose effective date has been delayed or whose 1 applicability has been suspended until the adjournment 2 of the next regular session of the general assembly 3 by the administrative rules review committee, bills 4 cosponsored by the majority and minority floor leaders 5 of the senate, bills in conference committee, and 6 companion bills sponsored by the majority floor leaders 7 of both houses after consultation with the respective 8 minority floor leaders. For the purposes of this rule, 9 a joint resolution is considered as a bill. To be 10 considered an appropriations or ways and means bill for 11 the purposes of this rule, the appropriations committee 12 or the ways and means committee must either be the 13 sponsor of the bill or the committee of first referral 14 in the senate. 15 2. To be placed on the calendar in the senate a 16 senate bill must be first reported out of a standing 17 committee by Friday of the 8th week of the first 18 session and the 8th 6th week of the second session. A 19 house bill must be first reported out of a standing 20 committee by Friday of the 12th week of the first 21 session and the 11th 10th week of the second session to 22 be placed on the senate calendar. 23 3. During the 10th week of the first session and 24 the 9th 7th week of the second session, the senate 25 shall consider only bills originating in the senate and 26 unfinished business. During the 13th week of the first 27 session and the 12th 11th week of the second session, 28 the senate shall consider only bills originating in the 29 house and unfinished business. Beginning with the 14th 30 -47- SR 3 (22) 88 tm/jh/jh 47/ 48
S.R. 3 week of the first session and the 13th 12th week of the 1 second session, the senate shall consider only bills 2 passed by both houses, bills exempt from subsection 2, 3 and unfinished business. 4 4. A motion to reconsider filed and not disposed 5 of on an action taken on a bill or resolution which is 6 subject to a deadline under this rule may be called up 7 at any time before or after the day of the deadline by 8 the person filing the motion or after the deadline by 9 the majority floor leader, notwithstanding any other 10 rule to the contrary. 11 BE IT FURTHER RESOLVED, That should a system of 12 deadlines for the time of committee passage and 13 consideration of bills be adopted by joint action 14 of the senate and house at any time during the 15 eighty-seventh eighty-eighth general assembly, those 16 provisions shall supersede the provisions of rule 60. 17 -48- SR 3 (22) 88 tm/jh/jh 48/ 48