House Study Bill 50 - Introduced


An Act 1relating to joint rules of
2the Senate and House of Representatives for the
3Eighty-seventh General Assembly.
   4BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE
5SENATE CONCURRING, That the joint rules of the Senate
6and House of Representatives for the Eighty-sixth
7
 Eighty-seventh General Assembly shall be:
8JOINT RULES OF THE SENATE AND HOUSE
9Rule 1
10Suspension of Joint Rules
   11The joint rules of the general assembly may be
12suspended by concurrent resolution, duly adopted by a
13constitutional majority of the senate and the house.
14Rule 2
15Designation of Sessions
   16Each regular session of a general assembly shall be
17designated by the year in which such regular session
18commences.
19Rule 3
20Sessions of a General Assembly
   21The election of officers, organization, hiring and
22compensation of employees, and standing committees in
23each house of the general assembly and action taken
24by each house shall carry over from the first to the
25second regular session and to any extraordinary session
26of the same general assembly. The status of each
27bill and resolution shall be the same at the beginning
-1-1of each second session as it was immediately before
2adjournment of the previous regular or extraordinary
3session; however the rules of either house may provide
4for re-referral of some or all bills and resolutions
5to standing committees upon adjournment of each
6session or at the beginning of a subsequent regular or
7extraordinary session, except those which have been
8adopted by both houses in different forms.
   9Upon final adoption of a concurrent resolution at
10any extraordinary session affecting that session, or at
11a regular session affecting any extraordinary session
12which may be held before the next regular session,
13the creation of any calendar by either house shall be
14suspended and the business of the session shall consist
15solely of those bills or subject matters stated in the
16resolution adopted. Bills named in the resolution, or
17bills containing the subject matter provided for in the
18resolution, may, at any time, be called up for debate
19in either house by the majority leader of that house.
20Rule 3A
21International Relations Protocol
   22The senate and the house of representatives shall
23comply with the international relations protocol policy
24adopted by the international relations committee of the
25legislative council.
26Rule 4
27Presentation of Messages
   28All messages between the two houses shall be sent
29and accepted, as soon as practicable, by the secretary
30of the senate and the chief clerk of the house of
-2-1representatives. The messages shall be communicated
2to and received by the presiding officer of the other
3house at the earliest appropriate time when that house
4is in session.
5Rule 5
6Printing and Form of Bills and Other Documents
   7Bills and joint resolutions shall be introduced,
8numbered, prepared, and printed as provided by
9law, or in the absence of such law, in a manner
10determined by the secretary of the senate and the
11chief clerk of the house of representatives. Proposed
12bills and resolutions which are not introduced but
13are referred to committee shall be tracked in the
14legislative computer system as are introduced bills
15and resolutions. The referral of proposed bills
16and resolutions to committee shall be entered in the
17journal.
   18All bills and joint resolutions introduced shall be
19in a form and number approved by the secretary of the
20senate and chief clerk of the house.
   21The legal counsel’s office of each house shall
22approve all bills before introduction.
23Rule 6
24Companion Bills
   25Identical bills introduced in one or both houses
26shall be called companion bills. Each house shall
27designate the sponsor in the usual way followed in
28parentheses by the sponsor of any companion bill or
29bills in the other house. The house where a companion
30bill is first introduced shall print the complete text.
-3-
1Rule 7
2Reprinting of Bills
   3Whenever any bill has been substantially amended by
4either house, the secretary of the senate or the chief
5clerk of the house shall order the bill reprinted on
6paper of a different color. All adopted amendments
7shall be distinguishable.
   8The secretary of the senate or the chief clerk
9of the house may order the printing of a reasonable
10number of additional copies of any bill, resolution,
11amendment, or journal.
12Rule 8
13Daily Clip Sheet
   14The secretary of the senate and the chief clerk of
15the house shall prepare a daily clip sheet covering all
16amendments filed.
17Rule 9
18Reintroduction of Bills and Other Measures
   19A bill or resolution which has passed one house and
20is rejected in the other shall not be introduced again
21during that general assembly.
22Rule 10
23Certification of Bills and Other Enrollments
   24When any bill or resolution which has passed one
25house is rejected or adopted in the other, notice of
26such action and the date thereof shall be given to the
27house of origin in writing signed by the secretary of
28the senate or the chief clerk of the house.
29Rule 11
30Code Editor’s Correction Bills
-4-
   1A bill recommended by the Code editor which is
2passed out of committee to the floor for debate by a
3committee of the house or senate and which contains
4Code corrections of a nonsubstantive nature shall
5not be amended on the floor of either house except
6pursuant to corrective or nonsubstantive amendments
7filed by the judiciary committee of the senate or
8the house. Such committee amendments, whether filed
9at the time of initial committee passage of the bill
10to the floor for debate or after rereferral to the
11committee, shall not be incorporated into the bill in
12the originating house but shall be filed separately.
13Amendments filed from the floor to strike sections of
14the bill or the committee amendments shall be in order.
15Following amendment and passage by the second house,
16only amendments filed from the floor which strike
17sections of the amendment of the second house shall be
18in order.
   19A bill recommended by the Code editor which is
20passed out of committee to the floor for debate by a
21committee of the house or senate and which contains
22Code corrections beyond those of a nonsubstantive
23nature shall not be amended on the floor of either
24house except pursuant to amendments filed by the
25judiciary committee of the senate or the house. Such
26committee amendments, whether filed at the time of
27initial committee passage of the bill to the floor for
28debate or after rereferral to the committee, shall
29not be incorporated into the bill in the originating
30house but shall be filed separately. Such a bill shall
-5-1be limited to corrections which: Adjust language to
2reflect current practices, insert earlier omissions,
3delete redundancies and inaccuracies, delete temporary
4language, resolve inconsistencies and conflicts,
5update ongoing provisions, and remove ambiguities.
6Amendments filed from the floor to strike sections of
7the bill or the committee amendments shall be in order.
8Following amendment and passage by the second house,
9only amendments filed from the floor which strike
10sections of the amendment of the second house shall be
11in order.
   12It is the intent of the house and the senate that
13such bills be passed out of committee to the floor for
14debate within the first four weeks of convening of a
15legislative session.
16Rule 12
17Amendments by Other House
   181. When a bill which originated in one house is
19amended in the other house, the house originating
20the bill may amend the amendment, concur in full in
21the amendment, or refuse to concur in full in the
22amendment. Precedence of motions shall be in that
23order. The amendment of the other house shall not be
24ruled out of order based on a question of germaneness.
   25a. If the house originating the bill concurs in the
26amendment, the bill shall then be immediately placed
27upon its final passage.
   28b. If the house originating the bill refuses to
29concur in the amendment, the bill shall be returned to
30the amending house which shall either:
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   1(1) Recede, after which the bill shall be read for
2the last time and immediately placed upon its final
3passage; or
   4(2) Insist, which will send the bill to a
5conference committee.
   6c. If the house originating the bill amends the
7amendment, that house shall concur in the amendment
8as amended and the bill shall be immediately placed
9on final passage, and shall be returned to the other
10house. The other house cannot further amend the bill.
   11(1) If the amending house which gave second
12consideration to the bill concurs in the amendment
13to the amendment, the bill shall then be immediately
14placed upon its final passage.
   15(2) If the amending house refuses to concur in the
16amendment to the amendment, the bill shall be returned
17to the house originating the bill which shall either:
   18(a) Recede, after which the bill shall be read for
19the last time as amended and immediately placed upon
20its final passage; or
   21(b) Insist, which will send the bill to a
22conference committee.
   232. A motion to recede has precedence over a motion
24to insist. Failure to recede means to insist; and
25failure to insist means to recede.
   263. A motion to lay on the table or to indefinitely
27postpone shall be out of order with respect to motions
28to recede from or insist upon and to amendments to
29bills which have passed both houses.
   304. A motion to concur, refuse to concur, recede,
-7-1insist, or adopt a conference committee report is in
2order even though the subject matter has previously
3been acted upon.
4Rule 13
5Conference Committee
   61. Within one legislative day after either house
7insists upon an amendment to a bill, the presiding
8officer of the house, after consultation with the
9majority leader, shall appoint three majority party
10members and, after consultation with the minority
11leader, shall appoint two minority party members
12to a conference committee. The majority leader of
13the senate, after consultation with the president,
14shall appoint three majority party members and,
15after consultation with and approval by the minority
16leader, shall appoint two minority party members to a
17conference committee. The papers shall remain with the
18house that originated the bill.
   192. The conference committee shall meet before
20the end of the next legislative day after their
21appointment, shall select a chair and shall discuss the
22controversy.
   233. The authority of the first conference committee
24shall cover only issues related to provisions of the
25bill and amendments to the bill which were adopted
26by either the senate or the house of representatives
27and on which the senate and house of representatives
28differed. If a conference committee report is not
29acted upon because such action would violate this
30subsection of this rule, the inaction on the report
-8-1shall constitute refusal to adopt the conference
2committee report and shall have the same effect as if
3the conference committee had disagreed.
   44. An agreement on recommendations must be approved
5by a majority of the committee members from each house.
6The committee shall submit two originals of the report
7signed by a majority of the committee members of each
8house with one signed original and three copies to be
9submitted to each house. The report shall first be
10acted upon in the house originating the bill. Such
11action, including all papers, shall be immediately
12referred by the secretary of the senate or the chief
13clerk of the house of representatives to the other
14house.
   155. The report of agreement is debatable, but
16cannot be amended. If the report contains recommended
17amendments to the bill, adoption of the report shall
18automatically adopt all amendments contained therein.
19After the report is adopted, there shall be no more
20debate, and the bill shall immediately be placed upon
21its final passage.
   226. Refusal of either house to adopt the conference
23committee report has the same effect as if the
24committee had disagreed.
   257. If the conference committee fails to reach
26agreement, a report of such failure signed by a
27majority of the committee members of each house shall
28be given promptly to each house. The bill shall
29be returned to the house that originated the bill,
30the members of the committee shall be immediately
-9-1discharged, and a new conference committee appointed in
2the same manner as the first conference committee.
   38. The authority of a second or subsequent
4conference committee shall cover free conference during
5which the committee has authority to propose amendments
6to any portion of a bill provided the amendment is
7within the subject matter content of the bill as passed
8by the house of origin or as amended by the second
9house.
10Rule 14
11Enrollment and Authentication of Bills
   12A bill or resolution which has passed both houses
13shall be enrolled in the house of origin under the
14direction of either the secretary of the senate or the
15chief clerk of the house and its house of origin shall
16be certified by the endorsement of the secretary of the
17senate or the chief clerk of the house.
   18After enrollment, each bill shall be signed by the
19president of the senate and by the speaker of the
20house.
21Rule 15
22Concerning Other Enrollments
   23All resolutions and other matters which are to
24be presented to the governor for approval shall be
25enrolled, signed, and presented in the same manner as
26bills.
   27All resolutions and other matters which are not to
28be presented to the governor or the secretary of state
29shall be enrolled, signed, and retained permanently
30by the secretary of the senate or chief clerk of the
-10-1house.
2Rule 16
3Transmission of Bills to the Governor
   4After a bill has been signed in each house, it shall
5be presented by the house of origin to the governor by
6either the secretary of the senate or the chief clerk
7of the house. The secretary or the chief clerk shall
8report the date of the presentation, which shall be
9entered upon the journal of the house of origin.
10Rule 17
11Fiscal Notes
   12A fiscal note shall be attached to any bill or joint
13resolution which reasonably could have an annual effect
14of at least one hundred thousand dollars or a combined
15total effect within five years after enactment of
16five hundred thousand dollars or more on the aggregate
17revenues, expenditures, or fiscal liability of the
18state or its subdivisions. This rule does not apply
19to appropriation and ways and means measures where the
20total effect is stated in dollar amounts.
   21Each fiscal note shall state in dollars the
22estimated effect of the bill on the revenues,
23expenditures, and fiscal liability of the state or
24its subdivisions during the first five years after
25enactment. The information shall specifically note
26the fiscal impact for the first two years following
27enactment and the anticipated impact for the succeeding
28three years. The fiscal note shall specify the source
29of the information. Sources of funds for expenditures
30under the bill shall be stated, including federal
-11-1funds. If an accurate estimate cannot be made, the
2fiscal note shall state the best available estimate or
3shall state that no dollar estimate can be made and
4state concisely the reason.
   5The preliminary determination of whether the bill
6appears to require a fiscal note shall be made by
7the legal services staff of the legislative services
8agency. Unless the requestor specifies the request is
9to be confidential, upon completion of the bill draft,
10the legal services staff shall immediately send a copy
11to the fiscal services director for review.
   12When a committee reports a bill to the floor, the
13committee shall state in the report whether a fiscal
14note is or is not required.
   15The fiscal services director or the director’s
16designee shall review all bills placed on the senate
17or house calendars to determine whether the bills are
18subject to this rule.
   19Additionally, a legislator may request the
20preparation of a fiscal note by the fiscal services
21staff for any bill or joint resolution introduced which
22reasonably could be subject to this rule.
   23The fiscal services director or the director’s
24designee shall cause to be prepared and shall approve
25a fiscal note within a reasonable time after receiving
26a request or determining that a bill is subject to
27this rule. All fiscal notes approved by the fiscal
28services director shall be transmitted immediately to
29the secretary of the senate or the chief clerk of the
30house, after notifying the sponsor of the bill that a
-12-1fiscal note has been prepared, for publication in the
2daily clip sheet. The secretary of the senate or chief
3clerk of the house shall attach the fiscal note to the
4bill as soon as it is available.
   5The fiscal services director may request the
6cooperation of any state department or agency in
7preparing a fiscal note.
   8A revised fiscal note may be requested by a
9legislator if the fiscal effect of the bill has been
10changed by adoption of an amendment. However, a
11request for a revised fiscal note shall not delay
12action on a bill unless so ordered by the presiding
13officer of the house in which the bill is under
14consideration.
   15If a date for adjournment has been set, then a
16constitutional majority of the house in which the
17bill is under consideration may waive the fiscal note
18requirement during the three days prior to the date set
19for adjournment.
20Rule 18
21Legislative Interns
   22Legislators may arrange student internships during
23the legislative session with Iowa college, university,
24or law school students, for which the students may
25receive college credit at the discretion of their
26schools. Each legislator is allowed only one intern
27at a time per legislative session, and all interns must
28be registered with the offices of the secretary of the
29senate and the chief clerk of the house.
   30The purpose of the legislative intern program shall
-13-1be: to provide useful staff services to legislators
2not otherwise provided by the general assembly; to give
3interested college, graduate, and law school students
4practical experience in the legislative process as well
5as providing a meaningful educational experience; and
6to enrich the curriculum of participating colleges and
7universities.
   8The secretary of the senate and the chief clerk of
9the house or their designees shall have the following
10responsibilities as regards the legislative intern
11program:
   121. Identify a supervising faculty member at each
13participating institution who shall be responsible
14for authorizing students to participate in the intern
15program.
   162. Provide legislators with a list of participating
17institutions and the names of supervising professors to
18contact if interested in arranging for an intern.
   193. Provide interns with name badges which will
20allow them access to the floor of either house when
21required to be present by the legislators for whom they
22work.
   234. Provide orientation materials to interns prior
24to the convening of each session.
25Rule 19
26Administrative Rules Review Committee Bills and Rule
27Referrals
   28A bill which relates to departmental rules and
29which is approved by the administrative rules review
30committee by a majority of the committee’s members
-14-1of each house is eligible for introduction in either
2house at any time and must be referred to a standing
3committee, which must take action on the bill within
4three weeks of referral, except bills referred to
5appropriations and ways and means committees.
   6If, on or after July 1, 1999, the administrative
7rules review committee delays the effective date of a
8rule until the adjournment of the next regular session
9of the general assembly and the speaker of the house
10or the president of the senate refers the rule to a
11standing committee, the standing committee shall review
12the rule within twenty-one days of the referral and
13shall take formal committee action by sponsoring a
14joint resolution to disapprove the rule, by proposing
15legislation relating to the rule, or by refusing to
16propose a joint resolution or legislation concerning
17the rule. The standing committee shall inform the
18administrative rules review committee of the committee
19action taken concerning the rule.
20Rule 20
21Time of Committee Passage and Consideration of Bills
   221. This rule does not apply to concurrent or
23simple resolutions, joint resolutions nullifying
24administrative rules, senate confirmations, bills
25embodying redistricting plans prepared by the
26legislative services agency pursuant to chapter
2742, or bills passed by both houses in different
28forms. Subsection 2 of this rule does not apply to
29appropriations bills, ways and means bills, government
30oversight bills, legalizing acts, administrative
-15-1rules review committee bills, bills sponsored by
2standing committees in response to a referral from
3the president of the senate or the speaker of the
4house of representatives relating to an administrative
5rule whose effective date has been delayed or whose
6applicability has been suspended until the adjournment
7of the next regular session of the general assembly
8by the administrative rules review committee, bills
9cosponsored by majority and minority floor leaders of
10one house, bills in conference committee, and companion
11bills sponsored by the majority floor leaders of both
12houses after consultation with the respective minority
13floor leaders. For the purposes of this rule, a joint
14resolution is considered as a bill. To be considered
15an appropriations, ways and means, or government
16oversight bill for the purposes of this rule, the
17appropriations committee, the ways and means committee,
18or the government oversight committee must either
19be the sponsor of the bill or the committee of first
20referral in the originating house.
   212. To be placed on the calendar in the house of
22origin, a bill must be first reported out of a standing
23committee by Friday of the 8th week of the first
24session and the 6th week of the second session. To be
25placed on the calendar in the other house, a bill must
26be first reported out of a standing committee by Friday
27of the 12th week of the first session and the 9th 10th
28 week of the second session.
   293. During the 10th week of the first session and
30the 7th week of the second session, each house shall
-16-1consider only bills originating in that house and
2unfinished business. During the 13th week of the first
3session and the 10th 11th week of the second session,
4each house shall consider only bills originating in the
5other house and unfinished business. Beginning with
6the 14th week of the first session and the 11th 12th
7 week of the second session, each house shall consider
8only bills passed by both houses, bills exempt from
9subsection 2, and unfinished business.
   104. A motion to reconsider filed and not disposed
11of on an action taken on a bill or resolution which is
12subject to a deadline under this rule may be called up
13at any time before or after the day of the deadline by
14the person filing the motion or after the deadline by
15the majority floor leader, notwithstanding any other
16rule to the contrary.
17Rule 21
18Resolutions
   191. A “concurrent resolution” is a resolution to
20be adopted by both houses of the general assembly
21which expresses the sentiment of the general assembly
22or deals with temporary legislative matters. It
23may authorize the expenditure, for any legislative
24purpose, of funds appropriated to the general assembly.
25A concurrent resolution is not limited to, but may
26provide for a joint convention of the general assembly,
27adjournment or recess of the general assembly, or
28requests to a state agency or to the general assembly
29or a committee. A concurrent resolution requires
30the affirmative vote of a majority of the senators or
-17-1representatives present and voting unless otherwise
2specified by statute. A concurrent resolution does
3not require the governor’s approval unless otherwise
4specified by statute. A concurrent resolution shall
5be filed with the secretary of the senate or the chief
6clerk of the house. A concurrent resolution shall be
7printed in the bound journal after its adoption.
   82. A “joint resolution” is a resolution which
9requires for approval the affirmative vote of a
10constitutional majority of each house of the general
11assembly. A joint resolution which appropriates funds
12or enacts temporary laws must contain the clause “Be It
13Enacted by the General Assembly of the State of Iowa:”,
14is equivalent to a bill, and must be transmitted to
15the governor for approval. A joint resolution which
16proposes amendments to the Constitution of the State
17of Iowa, ratifies amendments to the Constitution of
18the United States, proposes a request to Congress
19or an agency of the government of the United States
20of America, proposes to Congress an amendment to the
21Constitution of the United States of America, nullifies
22an administrative rule, or creates a special commission
23or committee must contain the clause “Be It Resolved by
24the General Assembly of the State of Iowa:” and shall
25not be transmitted to the governor. A joint resolution
26shall not amend a statute in the Code of Iowa.
27Rule 22
28Nullification Resolutions
   29A “nullification resolution” is a joint resolution
30which nullifies all of an administrative rule, or
-18-1a severable item of an administrative rule adopted
2pursuant to chapter 17A of the Code. A nullification
3resolution shall not amend an administrative rule by
4adding language or by inserting new language in lieu of
5existing language.
   6A nullification resolution is debatable, but cannot
7be amended on the floor of the house or senate. The
8effective date of a nullification resolution shall
9be stated in the resolution. Any motions filed to
10reconsider adoption of a nullification resolution
11must be disposed of within one legislative day of the
12filing.
13Rule 23
14Consideration of Vetoes
   151. The senate and house calendar shall include a
16list known as the “Veto Calendar.” The veto calendar
17shall consist of:
   18a. Bills returned to that house by the governor
19in accordance with Article III, section 16 of the
20Constitution of the State of Iowa.
   21b. Appropriations items returned to that house by
22the governor in accordance with Article III, section 16
23of the Constitution of the State of Iowa.
   24c. Bills and appropriations items received from the
25other house after that house has voted to override a
26veto of them by the governor.
   272. Vetoed bills and appropriations items shall
28automatically be placed on the veto calendar upon
29receipt. Vetoed bills and appropriations items shall
30not be referred to committee.
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   13. Upon first publication in the veto calendar, the
2senate majority leader or the house majority leader
3may call up a vetoed bill or appropriations item at any
4time.
   54. The affirmative vote of two-thirds of the
6members of the body by record roll call is required on
7a motion to override an executive veto or item veto.
   85. A motion to override an executive veto or item
9veto is debatable. A vetoed bill or appropriation item
10cannot be amended in this case.
   116. The vote by which a motion to override an
12executive veto or item veto passes or fails to pass
13either house is not subject to reconsideration under
14senate rule 24 or house rule 73.
   157. The secretary of the senate or the chief clerk
16of the house shall immediately notify the other house
17of the adoption or rejection of a motion to override an
18executive veto or item veto.
   198. All bills and appropriations items on the veto
20calendar shall be disposed of before adjournment sine
21die, unless the house having a bill or appropriation
22item before it declines to do so by unanimous consent.
   239. Bills and appropriations items on the veto
24calendar are exempt from deadlines imposed by joint
25rule 20.
26Rule 24
27Special Rules Regarding Redistricting
   281. If, pursuant to chapter 42, either the senate or
29the house of representatives rejects a redistricting
30plan submitted by the legislative services agency, the
-20-1house rejecting the plan shall convey the reasons for
2the rejection of the plan to the legislative services
3agency by resolution.
   42. If, pursuant to chapter 42, the legislative
5services agency submits a third redistricting plan
6as provided by law, the senate and the house of
7representatives, when considering a bill embodying the
8third plan, shall be allowed to accept for filing as
9amendments only such amendments which constitute the
10total text of a congressional plan without striking
11a legislative redistricting plan, the total text of
12a legislative redistricting plan without striking a
13congressional plan, or the combined total text of a
14congressional plan and a legislative redistricting
15plan, and nonsubstantive, technical corrections to the
16text of any such bills or amendments.
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