Senate Concurrent Resolution 5 - Introduced

A Concurrent Resolution 1relating to joint rules of
2the Senate and House of Representatives for the
3Eighty-seventh General Assembly.
   4BE IT RESOLVED BY THE SENATE, THE HOUSE OF
5REPRESENTATIVES CONCURRING, That the joint rules
6of the Senate and House of Representatives for the
7Eighty-sixth 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
28of each second session as it was immediately before
-1-1adjournment of the previous regular or extraordinary
2session; however the rules of either house may provide
3for re-referral of some or all bills and resolutions
4to standing committees upon adjournment of each
5session or at the beginning of a subsequent regular or
6extraordinary session, except those which have been
7adopted by both houses in different forms.
   8Upon final adoption of a concurrent resolution at
9any extraordinary session affecting that session, or at
10a regular session affecting any extraordinary session
11which may be held before the next regular session,
12the creation of any calendar by either house shall be
13suspended and the business of the session shall consist
14solely of those bills or subject matters stated in the
15resolution adopted. Bills named in the resolution, or
16bills containing the subject matter provided for in the
17resolution, may, at any time, be called up for debate
18in either house by the majority leader of that house.
19Rule 3A
20International Relations Protocol
   21The senate and the house of representatives shall
22comply with the international relations protocol policy
23adopted by the international relations committee of the
24legislative council.
25Rule 4
26Presentation of Messages
   27All messages between the two houses shall be sent
28and accepted, as soon as practicable, by the secretary
29of the senate and the chief clerk of the house of
30representatives. The messages shall be communicated
-2-1to and received by the presiding officer of the other
2house at the earliest appropriate time when that house
3is in session.
4Rule 5
5Printing and Form of Bills and Other Documents
   6Bills and joint resolutions shall be introduced,
7numbered, prepared, and printed as provided by
8law, or in the absence of such law, in a manner
9determined by the secretary of the senate and the
10chief clerk of the house of representatives. Proposed
11bills and resolutions which are not introduced but
12are referred to committee shall be tracked in the
13legislative computer system as are introduced bills
14and resolutions. The referral of proposed bills
15and resolutions to committee shall be entered in the
16journal.
   17All bills and joint resolutions introduced shall be
18in a form and number approved by the secretary of the
19senate and chief clerk of the house.
   20The legal counsel’s office of each house shall
21approve all bills before introduction.
22Rule 6
23Companion Bills
   24Identical bills introduced in one or both houses
25shall be called companion bills. Each house shall
26designate the sponsor in the usual way followed in
27parentheses by the sponsor of any companion bill or
28bills in the other house. The house where a companion
29bill is first introduced shall print the complete text.
30Rule 7
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1Reprinting of Bills
   2Whenever any bill has been substantially amended by
3either house, the secretary of the senate or the chief
4clerk of the house shall order the bill reprinted on
5paper of a different color. All adopted amendments
6shall be distinguishable.
   7The secretary of the senate or the chief clerk
8of the house may order the printing of a reasonable
9number of additional copies of any bill, resolution,
10amendment, or journal.
11Rule 8
12Daily Clip Sheet
   13The secretary of the senate and the chief clerk of
14the house shall prepare a daily clip sheet covering all
15amendments filed.
16Rule 9
17Reintroduction of Bills and Other Measures
   18A bill or resolution which has passed one house and
19is rejected in the other shall not be introduced again
20during that general assembly.
21Rule 10
22Certification of Bills and Other Enrollments
   23When any bill or resolution which has passed one
24house is rejected or adopted in the other, notice of
25such action and the date thereof shall be given to the
26house of origin in writing signed by the secretary of
27the senate or the chief clerk of the house.
28Rule 11
29Code Editor’s Correction Bills
   30A bill recommended by the Code editor which is
-4-1passed out of committee to the floor for debate by a
2committee of the house or senate and which contains
3Code corrections of a nonsubstantive nature shall
4not be amended on the floor of either house except
5pursuant to corrective or nonsubstantive amendments
6filed by the judiciary committee of the senate or
7the house. Such committee amendments, whether filed
8at the time of initial committee passage of the bill
9to the floor for debate or after rereferral to the
10committee, shall not be incorporated into the bill in
11the originating house but shall be filed separately.
12Amendments filed from the floor to strike sections of
13the bill or the committee amendments shall be in order.
14Following amendment and passage by the second house,
15only amendments filed from the floor which strike
16sections of the amendment of the second house shall be
17in order.
   18A bill recommended by the Code editor which is
19passed out of committee to the floor for debate by a
20committee of the house or senate and which contains
21Code corrections beyond those of a nonsubstantive
22nature shall not be amended on the floor of either
23house except pursuant to amendments filed by the
24judiciary committee of the senate or the house. Such
25committee amendments, whether filed at the time of
26initial committee passage of the bill to the floor for
27debate or after rereferral to the committee, shall
28not be incorporated into the bill in the originating
29house but shall be filed separately. Such a bill shall
30be limited to corrections which: Adjust language to
-5-1reflect current practices, insert earlier omissions,
2delete redundancies and inaccuracies, delete temporary
3language, resolve inconsistencies and conflicts,
4update ongoing provisions, and remove ambiguities.
5Amendments filed from the floor to strike sections of
6the bill or the committee amendments shall be in order.
7Following amendment and passage by the second house,
8only amendments filed from the floor which strike
9sections of the amendment of the second house shall be
10in order.
   11It is the intent of the house and the senate that
12such bills be passed out of committee to the floor for
13debate within the first four weeks of convening of a
14legislative session.
15Rule 12
16Amendments by Other House
   171. When a bill which originated in one house is
18amended in the other house, the house originating
19the bill may amend the amendment, concur in full in
20the amendment, or refuse to concur in full in the
21amendment. Precedence of motions shall be in that
22order. The amendment of the other house shall not be
23ruled out of order based on a question of germaneness.
   24a. If the house originating the bill concurs in the
25amendment, the bill shall then be immediately placed
26upon its final passage.
   27b. If the house originating the bill refuses to
28concur in the amendment, the bill shall be returned to
29the amending house which shall either:
   30(1) Recede, after which the bill shall be read for
-6-1the last time and immediately placed upon its final
2passage; or
   3(2) Insist, which will send the bill to a
4conference committee.
   5c. If the house originating the bill amends the
6amendment, that house shall concur in the amendment
7as amended and the bill shall be immediately placed
8on final passage, and shall be returned to the other
9house. The other house cannot further amend the bill.
   10(1) If the amending house which gave second
11consideration to the bill concurs in the amendment
12to the amendment, the bill shall then be immediately
13placed upon its final passage.
   14(2) If the amending house refuses to concur in the
15amendment to the amendment, the bill shall be returned
16to the house originating the bill which shall either:
   17(a) Recede, after which the bill shall be read for
18the last time as amended and immediately placed upon
19its final passage; or
   20(b) Insist, which will send the bill to a
21conference committee.
   222. A motion to recede has precedence over a motion
23to insist. Failure to recede means to insist; and
24failure to insist means to recede.
   253. A motion to lay on the table or to indefinitely
26postpone shall be out of order with respect to motions
27to recede from or insist upon and to amendments to
28bills which have passed both houses.
   294. A motion to concur, refuse to concur, recede,
30insist, or adopt a conference committee report is in
-7-1order even though the subject matter has previously
2been acted upon.
3Rule 13
4Conference Committee
   51. Within one legislative day after either house
6insists upon an amendment to a bill, the presiding
7officer of the house, after consultation with the
8majority leader, shall appoint three majority party
9members and, after consultation with the minority
10leader, shall appoint two minority party members
11to a conference committee. The majority leader of
12the senate, after consultation with the president,
13shall appoint three majority party members and,
14after consultation with and approval by the minority
15leader, shall appoint two minority party members to a
16conference committee. The papers shall remain with the
17house that originated the bill.
   182. The conference committee shall meet before
19the end of the next legislative day after their
20appointment, shall select a chair and shall discuss the
21controversy.
   223. The authority of the first conference committee
23shall cover only issues related to provisions of the
24bill and amendments to the bill which were adopted
25by either the senate or the house of representatives
26and on which the senate and house of representatives
27differed. If a conference committee report is not
28acted upon because such action would violate this
29subsection of this rule, the inaction on the report
30shall constitute refusal to adopt the conference
-8-1committee report and shall have the same effect as if
2the conference committee had disagreed.
   34. An agreement on recommendations must be approved
4by a majority of the committee members from each house.
5The committee shall submit two originals of the report
6signed by a majority of the committee members of each
7house with one signed original and three copies to be
8submitted to each house. The report shall first be
9acted upon in the house originating the bill. Such
10action, including all papers, shall be immediately
11referred by the secretary of the senate or the chief
12clerk of the house of representatives to the other
13house.
   145. The report of agreement is debatable, but
15cannot be amended. If the report contains recommended
16amendments to the bill, adoption of the report shall
17automatically adopt all amendments contained therein.
18After the report is adopted, there shall be no more
19debate, and the bill shall immediately be placed upon
20its final passage.
   216. Refusal of either house to adopt the conference
22committee report has the same effect as if the
23committee had disagreed.
   247. If the conference committee fails to reach
25agreement, a report of such failure signed by a
26majority of the committee members of each house shall
27be given promptly to each house. The bill shall
28be returned to the house that originated the bill,
29the members of the committee shall be immediately
30discharged, and a new conference committee appointed in
-9-1the same manner as the first conference committee.
   28. The authority of a second or subsequent
3conference committee shall cover free conference during
4which the committee has authority to propose amendments
5to any portion of a bill provided the amendment is
6within the subject matter content of the bill as passed
7by the house of origin or as amended by the second
8house.
9Rule 14
10Enrollment and Authentication of Bills
   11A bill or resolution which has passed both houses
12shall be enrolled in the house of origin under the
13direction of either the secretary of the senate or the
14chief clerk of the house and its house of origin shall
15be certified by the endorsement of the secretary of the
16senate or the chief clerk of the house.
   17After enrollment, each bill shall be signed by the
18president of the senate and by the speaker of the
19house.
20Rule 15
21Concerning Other Enrollments
   22All resolutions and other matters which are to
23be presented to the governor for approval shall be
24enrolled, signed, and presented in the same manner as
25bills.
   26All resolutions and other matters which are not to
27be presented to the governor or the secretary of state
28shall be enrolled, signed, and retained permanently
29by the secretary of the senate or chief clerk of the
30house.
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1Rule 16
2Transmission of Bills to the Governor
   3After a bill has been signed in each house, it shall
4be presented by the house of origin to the governor by
5either the secretary of the senate or the chief clerk
6of the house. The secretary or the chief clerk shall
7report the date of the presentation, which shall be
8entered upon the journal of the house of origin.
9Rule 17
10Fiscal Notes
   11A fiscal note shall be attached to any bill or joint
12resolution which reasonably could have an annual effect
13of at least one hundred thousand dollars or a combined
14total effect within five years after enactment of
15five hundred thousand dollars or more on the aggregate
16revenues, expenditures, or fiscal liability of the
17state or its subdivisions. This rule does not apply
18to appropriation and ways and means measures where the
19total effect is stated in dollar amounts.
   20Each fiscal note shall state in dollars the
21estimated effect of the bill on the revenues,
22expenditures, and fiscal liability of the state or
23its subdivisions during the first five years after
24enactment. The information shall specifically note
25the fiscal impact for the first two years following
26enactment and the anticipated impact for the succeeding
27three years. The fiscal note shall specify the source
28of the information. Sources of funds for expenditures
29under the bill shall be stated, including federal
30funds. If an accurate estimate cannot be made, the
-11-1fiscal note shall state the best available estimate or
2shall state that no dollar estimate can be made and
3state concisely the reason.
   4The preliminary determination of whether the bill
5appears to require a fiscal note shall be made by
6the legal services staff of the legislative services
7agency. Unless the requestor specifies the request is
8to be confidential, upon completion of the bill draft,
9the legal services staff shall immediately send a copy
10to the fiscal services director for review.
   11When a committee reports a bill to the floor, the
12committee shall state in the report whether a fiscal
13note is or is not required.
   14The fiscal services director or the director’s
15designee shall review all bills placed on the senate
16or house calendars to determine whether the bills are
17subject to this rule.
   18Additionally, a legislator may request the
19preparation of a fiscal note by the fiscal services
20staff for any bill or joint resolution introduced which
21reasonably could be subject to this rule.
   22The fiscal services director or the director’s
23designee shall cause to be prepared and shall approve
24a fiscal note within a reasonable time after receiving
25a request or determining that a bill is subject to
26this rule. All fiscal notes approved by the fiscal
27services director shall be transmitted immediately to
28the secretary of the senate or the chief clerk of the
29house, after notifying the sponsor of the bill that a
30fiscal note has been prepared, for publication in the
-12-1daily clip sheet. The secretary of the senate or chief
2clerk of the house shall attach the fiscal note to the
3bill as soon as it is available.
   4The fiscal services director may request the
5cooperation of any state department or agency in
6preparing a fiscal note.
   7A revised fiscal note may be requested by a
8legislator if the fiscal effect of the bill has been
9changed by adoption of an amendment. However, a
10request for a revised fiscal note shall not delay
11action on a bill unless so ordered by the presiding
12officer of the house in which the bill is under
13consideration.
   14If a date for adjournment has been set, then a
15constitutional majority of the house in which the
16bill is under consideration may waive the fiscal note
17requirement during the three days prior to the date set
18for adjournment.
19Rule 18
20Legislative Interns
   21Legislators may arrange student internships during
22the legislative session with Iowa college, university,
23or law school students, for which the students may
24receive college credit at the discretion of their
25schools. Each legislator is allowed only one intern
26at a time per legislative session, and all interns must
27be registered with the offices of the secretary of the
28senate and the chief clerk of the house.
   29The purpose of the legislative intern program shall
30be: to provide useful staff services to legislators
-13-1not otherwise provided by the general assembly; to give
2interested college, graduate, and law school students
3practical experience in the legislative process as well
4as providing a meaningful educational experience; and
5to enrich the curriculum of participating colleges and
6universities.
   7The secretary of the senate and the chief clerk of
8the house or their designees shall have the following
9responsibilities as regards the legislative intern
10program:
   111. Identify a supervising faculty member at each
12participating institution who shall be responsible
13for authorizing students to participate in the intern
14program.
   152. Provide legislators with a list of participating
16institutions and the names of supervising professors to
17contact if interested in arranging for an intern.
   183. Provide interns with name badges which will
19allow them access to the floor of either house when
20required to be present by the legislators for whom they
21work.
   224. Provide orientation materials to interns prior
23to the convening of each session.
24Rule 19
25Administrative Rules Review Committee Bills and Rule
26Referrals
   27A bill which relates to departmental rules and
28which is approved by the administrative rules review
29committee by a majority of the committee’s members
30of each house is eligible for introduction in either
-14-1house at any time and must be referred to a standing
2committee, which must take action on the bill within
3three weeks of referral, except bills referred to
4appropriations and ways and means committees.
   5If, on or after July 1, 1999, the administrative
6rules review committee delays the effective date of a
7rule until the adjournment of the next regular session
8of the general assembly and the speaker of the house
9or the president of the senate refers the rule to a
10standing committee, the standing committee shall review
11the rule within twenty-one days of the referral and
12shall take formal committee action by sponsoring a
13joint resolution to disapprove the rule, by proposing
14legislation relating to the rule, or by refusing to
15propose a joint resolution or legislation concerning
16the rule. The standing committee shall inform the
17administrative rules review committee of the committee
18action taken concerning the rule.
19Rule 20
20Time of Committee Passage and Consideration of Bills
   211. This rule does not apply to concurrent or
22simple resolutions, joint resolutions nullifying
23administrative rules, senate confirmations, bills
24embodying redistricting plans prepared by the
25legislative services agency pursuant to chapter
2642, or bills passed by both houses in different
27forms. Subsection 2 of this rule does not apply to
28appropriations bills, ways and means bills, government
29oversight bills, legalizing acts, administrative
30rules review committee bills, bills sponsored by
-15-1standing committees in response to a referral from
2the president of the senate or the speaker of the
3house of representatives relating to an administrative
4rule whose effective date has been delayed or whose
5applicability has been suspended until the adjournment
6of the next regular session of the general assembly
7by the administrative rules review committee, bills
8cosponsored by majority and minority floor leaders of
9one house, bills in conference committee, and companion
10bills sponsored by the majority floor leaders of both
11houses after consultation with the respective minority
12floor leaders. For the purposes of this rule, a joint
13resolution is considered as a bill. To be considered
14an appropriations, ways and means, or government
15oversight bill for the purposes of this rule, the
16appropriations committee, the ways and means committee,
17or the government oversight committee must either
18be the sponsor of the bill or the committee of first
19referral in the originating house.
   202. To be placed on the calendar in the house of
21origin, a bill must be first reported out of a standing
22committee by Friday of the 8th week of the first
23session and the 6th week of the second session. To be
24placed on the calendar in the other house, a bill must
25be first reported out of a standing committee by Friday
26of the 12th week of the first session and the 9th 10th
27 week of the second session.
   283. During the 10th week of the first session and
29the 7th week of the second session, each house shall
30consider only bills originating in that house and
-16-1unfinished business. During the 13th week of the first
2session and the 10th 11th week of the second session,
3each house shall consider only bills originating in the
4other house and unfinished business. Beginning with
5the 14th week of the first session and the 11th 12th
6 week of the second session, each house shall consider
7only bills passed by both houses, bills exempt from
8subsection 2, and unfinished business.
   94. A motion to reconsider filed and not disposed
10of on an action taken on a bill or resolution which is
11subject to a deadline under this rule may be called up
12at any time before or after the day of the deadline by
13the person filing the motion or after the deadline by
14the majority floor leader, notwithstanding any other
15rule to the contrary.
16Rule 21
17Resolutions
   181. A “concurrent resolution” is a resolution to
19be adopted by both houses of the general assembly
20which expresses the sentiment of the general assembly
21or deals with temporary legislative matters. It
22may authorize the expenditure, for any legislative
23purpose, of funds appropriated to the general assembly.
24A concurrent resolution is not limited to, but may
25provide for a joint convention of the general assembly,
26adjournment or recess of the general assembly, or
27requests to a state agency or to the general assembly
28or a committee. A concurrent resolution requires
29the affirmative vote of a majority of the senators or
30representatives present and voting unless otherwise
-17-1specified by statute. A concurrent resolution does
2not require the governor’s approval unless otherwise
3specified by statute. A concurrent resolution shall
4be filed with the secretary of the senate or the chief
5clerk of the house. A concurrent resolution shall be
6printed in the bound journal after its adoption.
   72. A “joint resolution” is a resolution which
8requires for approval the affirmative vote of a
9constitutional majority of each house of the general
10assembly. A joint resolution which appropriates funds
11or enacts temporary laws must contain the clause “Be It
12Enacted by the General Assembly of the State of Iowa:”,
13is equivalent to a bill, and must be transmitted to
14the governor for approval. A joint resolution which
15proposes amendments to the Constitution of the State
16of Iowa, ratifies amendments to the Constitution of
17the United States, proposes a request to Congress
18or an agency of the government of the United States
19of America, proposes to Congress an amendment to the
20Constitution of the United States of America, nullifies
21an administrative rule, or creates a special commission
22or committee must contain the clause “Be It Resolved by
23the General Assembly of the State of Iowa:” and shall
24not be transmitted to the governor. A joint resolution
25shall not amend a statute in the Code of Iowa.
26Rule 22
27Nullification Resolutions
   28A “nullification resolution” is a joint resolution
29which nullifies all of an administrative rule, or
30a severable item of an administrative rule adopted
-18-1pursuant to chapter 17A of the Code. A nullification
2resolution shall not amend an administrative rule by
3adding language or by inserting new language in lieu of
4existing language.
   5A nullification resolution is debatable, but cannot
6be amended on the floor of the house or senate. The
7effective date of a nullification resolution shall
8be stated in the resolution. Any motions filed to
9reconsider adoption of a nullification resolution
10must be disposed of within one legislative day of the
11filing.
12Rule 23
13Consideration of Vetoes
   141. The senate and house calendar shall include a
15list known as the “Veto Calendar.” The veto calendar
16shall consist of:
   17a. Bills returned to that house by the governor
18in accordance with Article III, section 16 of the
19Constitution of the State of Iowa.
   20b. Appropriations items returned to that house by
21the governor in accordance with Article III, section 16
22of the Constitution of the State of Iowa.
   23c. Bills and appropriations items received from the
24other house after that house has voted to override a
25veto of them by the governor.
   262. Vetoed bills and appropriations items shall
27automatically be placed on the veto calendar upon
28receipt. Vetoed bills and appropriations items shall
29not be referred to committee.
   303. Upon first publication in the veto calendar, the
-19-1senate majority leader or the house majority leader
2may call up a vetoed bill or appropriations item at any
3time.
   44. The affirmative vote of two-thirds of the
5members of the body by record roll call is required on
6a motion to override an executive veto or item veto.
   75. A motion to override an executive veto or item
8veto is debatable. A vetoed bill or appropriation item
9cannot be amended in this case.
   106. The vote by which a motion to override an
11executive veto or item veto passes or fails to pass
12either house is not subject to reconsideration under
13senate rule 24 or house rule 73.
   147. The secretary of the senate or the chief clerk
15of the house shall immediately notify the other house
16of the adoption or rejection of a motion to override an
17executive veto or item veto.
   188. All bills and appropriations items on the veto
19calendar shall be disposed of before adjournment sine
20die, unless the house having a bill or appropriation
21item before it declines to do so by unanimous consent.
   229. Bills and appropriations items on the veto
23calendar are exempt from deadlines imposed by joint
24rule 20.
25Rule 24
26Special Rules Regarding Redistricting
   271. If, pursuant to chapter 42, either the senate or
28the house of representatives rejects a redistricting
29plan submitted by the legislative services agency, the
30house rejecting the plan shall convey the reasons for
-20-1the rejection of the plan to the legislative services
2agency by resolution.
   32. If, pursuant to chapter 42, the legislative
4services agency submits a third redistricting plan
5as provided by law, the senate and the house of
6representatives, when considering a bill embodying the
7third plan, shall be allowed to accept for filing as
8amendments only such amendments which constitute the
9total text of a congressional plan without striking
10a legislative redistricting plan, the total text of
11a legislative redistricting plan without striking a
12congressional plan, or the combined total text of a
13congressional plan and a legislative redistricting
14plan, and nonsubstantive, technical corrections to the
15text of any such bills or amendments.
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