Bill Text: IA SR2 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A resolution relating to permanent rules of the senate for the eighty-fourth general assembly.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SR2 Detail]

Download: Iowa-2011-SR2-Introduced.html
Senate Resolution 2 - Introduced SENATE RESOLUTION NO. 2 BY COMMITTEE ON RULES AND ADMINISTRATION A Resolution relating to permanent rules of the senate 1 for the eighty-third eighty-fourth general assembly. 2 BE IT RESOLVED BY THE SENATE, That the permanent 3 rules of the senate for the eighty-third eighty-fourth 4 general assembly be as follows: 5 RULES OF THE SENATE 6 Rule 1 7 Quorum 8 A constitutional majority shall constitute a quorum 9 of the senate. Any senator may insist a quorum be 10 present. 11 Rule 2 12 Adoption and Amendment of Rules 13 Whenever the senate is operating under temporary 14 rules, the rules may be amended or repealed, or 15 permanent rules may be adopted, by a constitutional 16 majority of the senators. After adoption of permanent 17 rules of the senate during any general assembly, the 18 rules may be amended or repealed by a constitutional 19 majority of the senators voting on a simple resolution. 20 Rule 3 21 Rules of Parliamentary Procedure 22 In cases not covered by senate rules or joint rules, 23 Mason’s Manual of Legislative Procedure shall govern. 24 Rule 4 25 Sessions of the General Assembly 26 The election of officers, organization, hiring and 27 compensation of employees, and committees of the senate 28 -1- LSB 1673SQ (26) 84 1/ 50
S.R. 2 shall carry over from the first to the second regular 1 sessions and to any extraordinary sessions of the same 2 general assembly. 3 All bills and resolutions introduced in the first 4 regular session of a general assembly which are not 5 withdrawn, lost, or indefinitely postponed shall 6 carry over into the second regular session and to any 7 extraordinary session of the same general assembly. 8 Appointments received from the governor for senate 9 confirmation during any session of a general assembly 10 shall be acted upon prior to adjournment of that 11 session as provided by section 2.32 of the Code. 12 Except as provided by this rule, upon the adjournment 13 of the first regular session and any extraordinary 14 session, each bill or resolution shall be automatically 15 referred back to the committee to which it was 16 originally assigned. The secretary of the senate shall 17 publish in the Journal a list of the bills returned to 18 committee under this rule. Within seven days after 19 the first committee meeting after the convening of 20 the second regular session, committees shall either 21 authorize the chair to refer such bills and resolutions 22 to a subcommittee for consideration, indefinitely 23 postpone further consideration of such bills, or report 24 them out to the floor and place them on the calendar. 25 If the subcommittee is different than that appointed 26 during the first session, the committee chair shall 27 report to the senate the bill or resolution number and 28 the names of the subcommittee members. 29 Bills and resolutions which have been voted upon 30 -2- LSB 1673SQ (26) 84 2/ 50
S.R. 2 on final passage by either house in any session 1 shall remain on the calendar in the same status as at 2 the end of the session at any subsequent regular or 3 extraordinary session. 4 Rule 5 5 Regular Order of Daily Business 6 The following order shall govern, subject to any 7 special order: 8 1. Correction of the journal. 9 2. Senators to be excused. 10 3. Communications to the Senate. 11 4. Introduction of bills and resolutions. 12 5. Consideration of senate calendar. 13 Rule 6 14 Senate Calendar 15 1. Each legislative day the secretary of the senate 16 shall prepare a listing of bills to be known as the 17 “Senate Calendar”. 18 2. The senate calendar may contain a listing under 19 the category “Special Order” which shall be placed at 20 the head of the calendar. Bills in such category shall 21 be those which are specifically set for debate by the 22 majority leader with the consent of the senate on a 23 certain date and time. Bills shall be listed by the 24 secretary in numerical order. 25 3. The senate calendar shall include separate 26 listings for any bills and resolutions in the following 27 categories: 28 a. Conference Committee Report 29 b. Bills in Conference Committee 30 -3- LSB 1673SQ (26) 84 3/ 50
S.R. 2 c. House Amendment to Senate Amendment to House 1 File 2 d. House Refuses to Concur in Senate Amendment to 3 House File 4 e. Senate Files Amended by the House 5 f. Unfinished Business 6 g. Motions to Reconsider 7 h. Administrative Rules Nullification Resolutions 8 i. Veto Messages from the Governor 9 4. The secretary shall list bills and resolutions 10 in the above categories in numerical order. Upon 11 their first publication in the calendar, bills and 12 resolutions in the above categories may be called up 13 for debate at any time by the majority leader. Motions 14 to reconsider shall be called up as provided by Rule 15 24. 16 5. The senate calendar shall include a listing 17 of senate appropriations committee bills and bills 18 reported out by the senate appropriations committee. 19 The list shall be known as the “Appropriations 20 Calendar”. The secretary shall list the bills in 21 numerical order. Upon their first publication in the 22 calendar, bills on the appropriations calendar may be 23 called up for debate at any time by the majority leader 24 provided they are eligible under Rule 8. 25 6. The senate calendar shall include a listing 26 of bills which pertain to the levy, assessment or 27 collection of taxes sponsored by or initially assigned 28 to and reported out by the senate ways and means 29 committee. The list shall be known as the “Ways and 30 -4- LSB 1673SQ (26) 84 4/ 50
S.R. 2 Means Calendar”. The secretary shall list the bills in 1 numerical order. Upon their first publication in the 2 calendar, bills on the ways and means calendar may be 3 called up for debate at any time by the majority leader 4 provided they are eligible under Rule 8. 5 7. The senate calendar shall include a list of 6 bills and resolutions, known as the “Regular Calendar”, 7 which shall consist of bills and resolutions reported 8 out by a senate committee. The bills and resolutions 9 reported out each day shall be listed in numerical 10 order. Priority shall be given to senate over house 11 bills and resolutions. Upon their first publication 12 in the calendar, bills on the regular calendar may 13 be called up for debate at any time by the majority 14 leader, provided they are eligible under Rule 8. 15 A bill reported out of committee which is 16 subsequently referred to the ways and means or 17 appropriations committee and then reported out of that 18 committee, shall be returned to the regular calendar 19 in numerical order. 20 8. The senate calendar shall include a listing of 21 the governor’s appointees to state boards, commissions, 22 and other offices requiring senate confirmation. This 23 listing shall be known as the “Confirmation Calendar”. 24 Names on the confirmation calendar may be called up 25 for confirmation at any time by the majority leader 26 provided they are eligible under rule 59. 27 9. The majority leader, or in the absence of the 28 majority leader the assistant majority leaders, may 29 select from among the bills on the previous legislative 30 -5- LSB 1673SQ (26) 84 5/ 50
S.R. 2 day’s Senate calendar and from the bills selected 1 create a new listing which shall be known as the 2 “Debate Calendar”. The debate calendar shall list 3 bills as the majority leader expects to take them up. 4 A bill or resolution on the debate calendar may be 5 debated only when eligible under Rule 8. 6 10. The majority leader, or in the absence of the 7 majority leader the assistant majority leaders, may 8 create a list of bills or resolutions about which 9 no controversy is believed to exist which shall be 10 known as the “Proposed Noncontroversial Calendar”. 11 Bills or resolutions included on this listing may be 12 debated at any time upon being called up for debate 13 by the majority leader. Any bill or resolution which 14 appeared on the previous day’s Senate calendar may be 15 placed by any senator on the proposed noncontroversial 16 calendar, which shall be published. Any bill or 17 resolution on the proposed noncontroversial calendar 18 shall be stricken from the list if any senator files 19 a written objection with the secretary of the senate 20 on the first or second legislative day after it 21 appears on the proposed noncontroversial calendar. 22 Any bill stricken from the proposed noncontroversial 23 calendar shall be returned to its former place on 24 the Senate calendar. The secretary shall prepare the 25 noncontroversial calendar which shall consist of all 26 bills or resolutions on the proposed noncontroversial 27 calendar to which no objection was received. 28 11. If the senate shall not be in session on a day 29 assigned in paragraphs nine and ten for action upon a 30 -6- LSB 1673SQ (26) 84 6/ 50
S.R. 2 calendar, such assigned action shall occur on the next 1 succeeding legislative day. 2 12. On any bill called up for debate from any 3 calendar, debate may continue from day to day until 4 it is adopted, fails, or is postponed or deferred. 5 If further debate is postponed or deferred without a 6 time to continue being set, except for bills on the 7 debate calendar, the bill shall be listed as unfinished 8 business. Bills which are returned to the committee of 9 first referral or to a different committee after being 10 considered by the senate and classified as unfinished 11 business shall be returned to the unfinished business 12 calendar by that committee when the bill is reported 13 out of committee. The unfinished business date on 14 the calendar shall be the date on which the bill was 15 returned to committee. Bills on the debate calendar 16 upon which further debate is postponed or deferred 17 without a time to continue being set shall return to 18 the regular calendar. 19 Rule 7 20 Steering Committee 21 The senate may authorize the appointment of a 22 steering committee. The majority leader shall appoint 23 the majority party members to the steering committee. 24 The minority leader shall appoint the minority party 25 members to the steering committee. The function of the 26 steering committee shall be to create its own calendar 27 from the bills and resolutions on the regular calendar. 28 Bills and resolutions on the steering committee 29 calendar shall have priority over bills and resolutions 30 -7- LSB 1673SQ (26) 84 7/ 50
S.R. 2 on all other calendars, except the appropriations 1 calendar. Reserved. 2 Rule 8 3 When Eligible for Consideration 4 Bills, resolutions, and appointments shall be 5 eligible for consideration by the senate as follows: 6 1. An appointment by the governor which requires 7 senate confirmation shall be eligible on the 8 legislative day after it is first printed in the senate 9 calendar as provided by Rule 59. 10 2. A house or individually sponsored bill or 11 resolution reported out by a committee shall be 12 eligible on the legislative day after it is first 13 printed in the senate calendar. 14 3. A committee bill or resolution sponsored by 15 the appropriations committee shall be eligible on the 16 legislative day after it is first printed in the senate 17 calendar. 18 4. Any committee bill or resolution, other than 19 a bill or resolution sponsored by the appropriations 20 committee, shall be eligible on the third legislative 21 day it is printed in the senate calendar. 22 5. A bill that has been reported out to the 23 senate calendar, referred to a different committee 24 and reported out by that committee is eligible for 25 consideration by the senate on the day it would have 26 been eligible under subsection 2, 3, or 4, whichever 27 is applicable, as if the bill had been printed in the 28 calendar after having been reported out by the first 29 committee. 30 -8- LSB 1673SQ (26) 84 8/ 50
S.R. 2 Rule 9 1 Debate and Decorum 2 Before addressing the senate, the senator shall 3 request recognition by depressing the “speak” device 4 and, when recognized, rise and respectfully address the 5 chair. 6 The senator shall confine all remarks to the 7 question under debate and shall avoid discussing 8 personalities or implication of improper motives. No 9 questions except by the senator recognized shall be 10 entertained after a senator is recognized to give final 11 remarks. 12 Rule 10 13 Point of Personal Privilege 14 A point of personal privilege shall only be 15 recognized when there is no motion pending or other 16 business being considered by the senate. Points of 17 personal privilege shall not be in order during the 18 time when appropriation subcommittees are scheduled 19 to meet. Senators speaking on a point of personal 20 privilege shall be limited to ten minutes. 21 Rule 11 22 Introduction and Presentation of Guests 23 Only former members of the senate and former and 24 present members of Congress shall be presented to 25 the senate, except that the president of the senate 26 may present a visitor whose presence is of special 27 significance to the senate. The presence of school 28 groups accompanied by school officials shall be 29 announced by the president of the senate and shall 30 -9- LSB 1673SQ (26) 84 9/ 50
S.R. 2 be recorded in the journal upon written request of a 1 member of the senate. Senators may be recognized to 2 introduce guests in the galleries when there is no 3 motion pending or other business being considered by 4 the senate. Introductions shall be limited to one 5 minute. 6 Rule 12 7 Form and Withdrawal of Motions, Amendments and 8 Signatures 9 Motions need not be in writing unless required by 10 the president or by the senate. No motion requires 11 a second. Any amendment, motion (including a motion 12 to reconsider), or resolution may be withdrawn by the 13 mover if it has not been amended by the senate and if 14 no amendment is pending. All amendments to bills, 15 resolutions, and reports shall be in writing and filed 16 before being acted upon by the senate. 17 No amendment, resolution, bill, or conference 18 committee report shall be considered by the senate 19 without a copy of the amendment, resolution, bill, or 20 conference committee report being on the desks of the 21 entire membership of the senate prior to consideration. 22 However, after the fourteenth week of the first session 23 and the twelfth week of the second session, amendments 24 and senate resolutions may be considered by the senate 25 without a copy of the amendment or senate resolution 26 being on the desks of the entire membership of the 27 senate if a copy of the amendment or senate resolution 28 is made available to the entire membership of the 29 senate electronically. Such consideration shall 30 -10- LSB 1673SQ (26) 84 10/ 50
S.R. 2 be deferred until a copy of the amendment or senate 1 resolution is on the desks of the entire membership of 2 the senate upon the request of any senator. 3 All amendments, reports, petitions or other 4 documents requiring a signature shall have the name 5 printed under the place for the signature. Once a 6 signature is affixed and the document containing the 7 signature filed with the recording clerk in the well, 8 that signature shall not be removed. 9 When an amendment to a main amendment is filed that 10 would negate the effect of the main amendment and 11 thereby leave the bill unchanged, the presiding officer 12 shall have the authority to declare the amendment to 13 the main amendment out of order, subject to an appeal 14 to the full senate. 15 When a house amendment to a senate file is before 16 the senate, an amendment to the house amendment shall 17 be considered an amendment in the first degree. 18 Regardless of its origin, an amendment in the third 19 degree shall be ruled out of order. 20 When a ruling on germaneness is issued by the 21 presiding officer, it shall be accompanied by an 22 explanation of the ruling. 23 Rule 13 24 Order and Precedence of Motions and Amendments 25 When a question is under debate, no motion shall 26 be received but to adjourn, to recess, questions 27 of privilege, to lay on the table, for the previous 28 question, to postpone to a day certain, to refer, 29 to amend, to postpone indefinitely, to defer, or 30 -11- LSB 1673SQ (26) 84 11/ 50
S.R. 2 incidental motions. A substitute is not in order 1 unless it is in the form of a motion to substitute. 2 Such motions shall have precedence in the order in 3 which they are named. No motion to postpone to a 4 day certain, to refer, or postpone indefinitely, 5 being decided, shall be again allowed on the same 6 day with regard to the same question. A motion to 7 strike out the enacting clause of a bill shall have 8 precedence over all amendments and, if carried, shall 9 be considered equivalent to the rejection of the bill. 10 A motion to strike everything after the enacting 11 clause has precedence over a committee amendment and 12 all other amendments except one to strike the enacting 13 clause. A committee amendment has precedence over all 14 other amendments except as provided in this rule. 15 A motion to rerefer a bill to committee may specify 16 when the committee shall report the bill to the senate. 17 If the motion is adopted in such form, the committee 18 must report the bill by the date and time specified 19 with or without recommendation or the bill shall 20 automatically be returned to the calendar. When the 21 bill is returned to the calendar, it shall occupy 22 the same position it occupied at the time the bill 23 was rereferred to the committee. If the committee 24 to which the bill is rereferred submits an amendment 25 in its report, that committee amendment shall take 26 precedence over other amendments except if that 27 committee amendment is in conflict with amendments 28 previously adopted, the committee amendment shall 29 not be considered until consideration of motions to 30 -12- LSB 1673SQ (26) 84 12/ 50
S.R. 2 reconsider the previously adopted amendments result 1 in removing the conflict. A committee may not file 2 an amendment to a bill unless the bill is in the 3 committee’s possession. 4 Rule 14 5 MOTIONS BEFORE THE SENATE 6 Motions before the senate shall be displayed on the 7 electronic voting system display boards. 8 Rule 15 9 Nondebatable Motions 10 The following motions are not debatable: 11 Adjourn 12 Recess 13 Call of the Senate 14 Lay on Table or Take from Table 15 Previous Question 16 Reconsider vote by which bill was placed on last 17 reading. 18 A Motion to Reconsider and Lay the Motion to 19 Reconsider on the Table (Double-barreled Motion). 20 Rule 16 21 Division of the Question 22 Any senator may call for a division of a question, 23 which shall be divided if it includes propositions 24 so distinct that if one is taken away, a substantive 25 proposition shall remain in a technically proper form 26 for the decision of the senate. A motion to strike out 27 and insert is indivisible; but a motion to strike out, 28 if lost, shall not preclude amendments to the matter 29 attempted to be stricken or a motion to strike out and 30 -13- LSB 1673SQ (26) 84 13/ 50
S.R. 2 insert. 1 Rule 17 2 The Previous Question 3 The previous question shall be in this form: “Shall 4 debate be closed on the pending question?” A motion 5 for the previous question may be adopted by a majority 6 of the senators present and voting. Its effect shall 7 be to put an end to debate and bring the senate to a 8 direct vote upon the pending question. However, any 9 senator who has not previously spoken on the pending 10 question and who, after the main question is taken up 11 and before the motion for the previous question has 12 been made, requested recognition by depressing the 13 “speak” device may speak no longer than five minutes 14 on the pending question. If action on the pending 15 question continues into another legislative day or is 16 deferred, the previous question shall apply and the 17 requests to be recognized shall be honored. 18 When the motion applies to an amendment, the senator 19 proposing the amendment shall have five minutes to 20 close debate on the amendment. 21 The senator handling the measure under consideration 22 shall have ten minutes to close debate on the main 23 question. 24 Rule 18 25 Call of the Senate 26 Ten senators may file in writing a call of the 27 senate on any single item of legislative business. 28 A call of the senate requires the presence of every 29 senator and is in order at any time prior to the vote 30 -14- LSB 1673SQ (26) 84 14/ 50
S.R. 2 being announced by the president. The sergeant-at-arms 1 shall return promptly all absent senators. Debate 2 on the item may continue while absent senators are 3 returning, but no vote on the item is in order on 4 it until all have returned. Adoption of a motion to 5 recess or adjourn to a specific time will not lift 6 the call. The call may be lifted, or a senator may 7 be excused from the call without lifting the call, by 8 a vote of a constitutional majority of the senators. 9 Those senators excused prior to the filing of the call 10 are excused from the call. 11 Rule 19 12 Committee of the Whole 13 The senate may resolve itself into a committee of 14 the whole senate when it wishes to permit more free and 15 informal discussion. Persons other than senators may 16 appear and present information. 17 Any senator may move “that the senate now resolve 18 itself into a committee of the whole to consider” a 19 stated subject. 20 The president of the senate shall be chair of the 21 committee of the whole unless otherwise ordered by the 22 senate. 23 The procedure in committee of the whole is subject 24 to the rules of the senate. The previous question and 25 the motion to reconsider shall be in order. 26 The committee of the whole cannot take any final 27 action and its power is limited to recommendation to 28 the senate. The proceedings of the committee of the 29 whole, including any roll call vote, shall be printed 30 -15- LSB 1673SQ (26) 84 15/ 50
S.R. 2 in the journal. 1 Any senator may at any time, except while voting or 2 while a senator has the floor, move that “the committee 3 rise” which is equivalent to a motion to adjourn. 4 After adoption of the motion to rise, the chair 5 may report to the senate in the same manner as other 6 committee reports are given. 7 Rule 20 8 Last Reading and Passage of Bills 9 When a motion to place a bill on its last reading is 10 lost, the same motion shall be in order at any later 11 time. After the last reading of a bill, no amendment 12 shall be received. The vote on final passage shall be 13 taken immediately without debate. 14 Rule 21 15 Engrossment of Bills 16 An engrossment is a proofreading and verification in 17 order to be certain that a bill before the senate is 18 identical with the original bill as introduced with all 19 amendments which have been adopted correctly inserted. 20 In an engrossed bill, all obvious typographical, 21 spelling or other clerical errors are corrected and 22 section or paragraph numbers and internal references 23 are changed as required to conform the original bill 24 to any amendments which have been adopted. All such 25 corrections or changes shall be reported in the journal 26 by the secretary of the senate. The engrossed bill 27 shall be placed in the bill file with the original bill 28 and amendments. 29 Rule 22 30 -16- LSB 1673SQ (26) 84 16/ 50
S.R. 2 Manner of Voting 1 On voice vote, the question shall be distinctly put 2 in this form: “Those in favor of (the question) say 3 “aye”.” “Those opposed to (the question) say “no”.” 4 A non-record or record roll call vote may be 5 requested by any senator or ordered by the president 6 any time before the results are announced. A 7 non-record roll call shall be requested by asking for 8 a “division”. A record roll call shall be requested by 9 asking for a “record”. Upon request for a non-record 10 or record roll call vote, the president shall announce 11 that such a non-record or record roll call vote has 12 been requested and shall state the question to be put 13 to the senate. The president then shall direct the 14 secretary of the senate to receive the votes. 15 Senators present may cast their votes, either 16 by operating the voting mechanism located at their 17 assigned desk or by signaling the president if they are 18 unable to vote at their assigned desk. The president 19 shall enter the votes of senators signaling their 20 votes. 21 After sufficient time has elapsed for all senators 22 present to record their votes, the president shall 23 direct the secretary of the senate to close the voting 24 system. The president shall still enter the senators’ 25 votes at any time prior to directing the secretary of 26 the senate to lock the voting system. The president 27 shall then immediately announce the vote. 28 During a non-record or record roll call vote, both 29 individual votes and vote totals shall be indicated 30 -17- LSB 1673SQ (26) 84 17/ 50
S.R. 2 openly on the display boards. On non-record roll 1 calls, only vote totals shall be printed in the 2 journal. 3 In the event the electronic voting system is not 4 in operating order, the president shall direct the 5 secretary of the senate to take the non-record or 6 record roll call by calling the names of the senators 7 in alphabetical order. 8 Rule 23 9 Duty of Voting 10 Every senator present when a question is put shall 11 vote “aye”, “no” or “present” unless previously excused 12 by the senate. Upon demand being made by any senator, 13 the secretary of the senate shall call in alphabetical 14 order the names of the senators not voting or voting 15 “present”. Those senators called shall vote “aye” or 16 “no” unless the senator states a personal interest in 17 the question or concludes that he or she should not 18 vote under the senate code of ethics. 19 Rule 24 20 Reconsideration 21 When a main motion has been decided by the senate, 22 any senator having voted on the prevailing side 23 may move to reconsider the vote on the same or next 24 legislative day. Motions to reconsider the vote on a 25 bill or resolution shall be in writing and filed with 26 the secretary of the senate. 27 Notwithstanding any time limitations applicable 28 to motions to reconsider main motions, a motion to 29 reconsider the vote on an amendment may be made at 30 -18- LSB 1673SQ (26) 84 18/ 50
S.R. 2 any time before final disposition of the motion to 1 be amended. Such motion shall be in writing and 2 filed with the secretary of the senate. A motion to 3 reconsider an amendment to a main motion shall be taken 4 up for consideration only prior to the disposition of 5 the main motion or upon reconsideration of the main 6 motion. 7 A constitutional majority by a record roll call is 8 necessary to reconsider a bill or joint resolution. 9 During three legislative days from the date the motion 10 to reconsider a bill or resolution is filed, only the 11 mover may call it up. Thereafter, any senator may call 12 up the motion. If a date for adjournment has been set 13 by resolution of the senate, any senator may call up 14 a motion to reconsider at any time within three days 15 prior to the date set for adjournment. 16 If the motion to reconsider a bill or resolution 17 prevails, motions to reconsider amendments thereto 18 shall be in order and shall be disposed of without 19 delay. 20 A motion that any action taken by the senate be 21 reconsidered and the motion to reconsider be laid upon 22 the table shall be a single and indivisible motion, 23 known as the double-barreled motion, which, if carried, 24 shall have the effect of preventing reconsideration 25 unless a motion to take from the table prevails. 26 A constitutional majority is necessary for the 27 double-barreled motion to prevail on a bill or joint 28 resolution. The double-barreled motion can only be 29 made from the floor after the vote is announced and the 30 -19- LSB 1673SQ (26) 84 19/ 50
S.R. 2 member who moved the final reading shall have priority 1 in making it. 2 A motion to reconsider and lay on the table shall 3 have priority over a motion to reconsider if they are 4 both filed on the same legislative day. 5 In the event that a motion to reconsider is pending 6 at the end of the first session or any extraordinary 7 session of any general assembly, or the general 8 assembly adjourns sine die, and the motion has not been 9 voted upon by the senate, it shall be determined to 10 have failed. 11 Rule 25 12 Suspension of Rules and Taking from Table 13 No standing rule , or rules incorporated by reference 14 under Rule 3 , or order of the senate shall be rescinded 15 or suspended, nor shall any matter, tabled upon motion, 16 be taken up, except by unanimous consent of the senate 17 or by an affirmative vote of a constitutional majority 18 of the senate voting on a simple resolution . 19 INTRODUCTION AND FORM OF BILLS 20 Rule 26 21 Time and Method of Introducing Bills and Amendments 22 All bills to be introduced in the senate shall be 23 typed in proper form by the legislative services agency 24 and shall be filed with the recording clerk. 25 All amendments shall be typed in proper form and 26 filed with the recording clerk not later than 4:30 27 p.m., or adjournment, whichever is later, in order to 28 be listed in the following day’s clip sheet. 29 An “impact amendment” is an amendment which 30 -20- LSB 1673SQ (26) 84 20/ 50
S.R. 2 reasonably could have an annual effect of at least one 1 hundred thousand dollars or a combined total effect 2 within five years after enactment of five hundred 3 thousand dollars or more on the aggregate revenues, 4 expenditures or fiscal liability of the state or its 5 subdivisions. 6 An impact amendment to a bill which has been on 7 the special order calendar for at least three full 8 legislative days prior to its consideration shall not 9 be taken up by the senate unless: 10 1) a fiscal note is attached, and the amendment is 11 filed at least one legislative day prior to the date 12 set for consideration of the bill; or 13 2) the amendment is an appropriation or other 14 measure where the total effect is stated in dollar 15 amounts. 16 Rule 27 17 Limit on Introduction of Bills 18 No bill or joint resolution, except bills and 19 joint resolutions cosponsored by the majority and 20 minority floor leaders, or companion bills and joint 21 resolutions sponsored by the majority floor leaders of 22 both houses, shall be introduced in the senate after 23 4:30 p.m. on Friday of the sixth fifth week of the 24 first regular session of a general assembly unless a 25 formal request for drafting the bill has been filed 26 with the legislative services agency before that time. 27 After adjournment of the first regular session, bills 28 may be prefiled at any time before the convening of the 29 second regular session. No bill shall be introduced 30 -21- LSB 1673SQ (26) 84 21/ 50
S.R. 2 after 4:30 p.m. on Friday of the first second week of 1 the second regular session of a general assembly unless 2 a formal request for drafting the bill has been filed 3 with the legislative services agency before that time. 4 However, standing committees may introduce bills and 5 joint resolutions at any time. A bill which relates 6 to departmental rules sponsored by the administrative 7 rules review committee and approved by a majority 8 of the members of the committee in each house may 9 be introduced at any time and must be referred to a 10 standing committee which must take action on the bill 11 within three weeks. Senate and concurrent resolutions 12 may be introduced at any time. 13 No bill, joint resolution, concurrent resolution 14 or senate resolution shall be introduced at any 15 extraordinary session unless sponsored by a standing 16 committee, the majority and minority floor leaders, or 17 the committee of the whole. 18 Rule 28 19 Introduction, Reading, and Form of Bills and 20 Resolutions 21 Every senate bill and resolution shall be introduced 22 by one or more senators or by any standing committee 23 of the senate and shall at once be given its first 24 reading. 25 If the senate is in session when a bill or 26 resolution is introduced, the first reading shall 27 consist of reading its file number, the title and 28 sponsor of the bill. If the senate is not in session 29 but a journal is published for the day, the first 30 -22- LSB 1673SQ (26) 84 22/ 50
S.R. 2 reading shall consist of a journal entry of the bill’s 1 file number, title, sponsor and the notation “Read 2 first time under Rule 28.”. 3 Any bill or resolution approved for introduction by 4 a standing committee during an interim period between 5 sessions of one General Assembly shall be introduced 6 without further action by the committee at the next 7 succeeding regular session of the same General Assembly 8 and placed immediately upon the regular calendar. 9 Every bill and resolution referred to committee 10 shall have received two readings before its passage. 11 The subject of every bill shall be expressed in its 12 title. 13 Rule 29 14 Explanations 15 No bill, except appropriation committee bills and 16 simple or concurrent resolutions, shall be introduced 17 unless a concise and accurate explanation is attached. 18 The chief sponsor or a committee to which the bill has 19 been referred may add a revised explanation at any time 20 before the last reading, and it shall be included in 21 the daily clip sheet. 22 Rule 30 23 Resolutions 24 A “senate resolution” is a resolution acted upon 25 only by the senate which relates to an accomplishment 26 of national or international status; the dedication 27 of a day by a statewide or national group; the 28 one hundredth, one hundred twenty-fifth, or one 29 hundred fiftieth anniversary of a local government 30 -23- LSB 1673SQ (26) 84 23/ 50
S.R. 2 or organization; the recognition of state ties 1 to other governments; the retirement of a senator 2 or long-time senate employee; or to rules and 3 administrative matters, including the appointment 4 of special committees , within the senate. A senate 5 resolution requires the affirmative vote of a majority 6 of the senators present and voting , unless otherwise 7 required in these rules . A senate resolution shall 8 be filed with the secretary of the senate. A senate 9 resolution shall be printed in the bound journal after 10 its adoption and in the daily journal upon written 11 request to the secretary of the senate by the sponsor 12 of the resolution. Other expressions of sentiment 13 or recognition may be made with the issuance of a 14 certificate of recognition. 15 Rule 31 16 Nullification Resolutions 17 A nullification resolution may be introduced 18 by a standing committee, the administrative rules 19 review committee, or any member of the senate. 20 A nullification resolution introduced by the 21 administrative rules review committee or a member 22 of the senate shall be referred to the same standing 23 committee it would be referred to if it was a bill. 24 Any nullification resolution may be referred to the 25 administrative rules review committee by a majority 26 vote of the standing committee which introduced it 27 or to which it was referred. The administrative 28 rules review committee may seek an agreement with the 29 affected administrative agency wherein the agency 30 -24- LSB 1673SQ (26) 84 24/ 50
S.R. 2 agrees to voluntarily rescind or modify a rule or rules 1 relating to the subject matter of the nullification 2 resolution. An agreement to voluntarily rescind 3 or modify an administrative agency rule shall be in 4 writing and signed by the chief administrative officer 5 of the administrative agency and a majority of the 6 administrative rules review committee members of each 7 house and shall be placed on file in the offices of 8 the chief clerk of the house, the secretary of the 9 senate and the secretary of state. If an agreement is 10 not reached, or the nullification resolution is not 11 approved by a majority of the administrative rules 12 review committee members of each house, within two 13 weeks of the date the resolution is referred to the 14 administrative rules review committee, the resolution 15 shall be placed on the calendar. If the nullification 16 resolution is approved by the administrative rules 17 review committee it shall be placed on the calendar. 18 A nullification resolution is subject to a motion to 19 withdraw the nullification resolution as provided in 20 rule 42. 21 A nullification resolution is debatable, but cannot 22 be amended on the floor of the senate. 23 Rule 32 24 Resolutions, Applicable Rules 25 All rules applicable to bills shall apply to 26 resolutions, except as otherwise provided in the rules. 27 Rule 33 28 Study Bills 29 1. A study bill is any matter which a senator 30 -25- LSB 1673SQ (26) 84 25/ 50
S.R. 2 wishes to have considered by a standing committee or 1 appropriations subcommittee for introduction as a 2 committee bill or resolution. The term “study bill” 3 includes “proposed bills” provided for in Rule 37 and 4 departmental requests prefiled in the manner specified 5 in section 2.16 of the Code. 6 2. A study bill shall bear the name of the member 7 who wishes to have the bill considered. A study bill 8 proposed by a state agency shall bear the name of the 9 agency. A committee chair may submit a study bill in 10 the name of that committee. 11 3. Upon first receiving a study bill from a 12 senator, a committee chairperson shall submit three 13 copies to the secretary of the senate. Study bills 14 received in the secretary of the senate’s office before 15 3:00 p.m. shall be filed, numbered, and reported in 16 the journal for that day. Study bills received in the 17 secretary of the senate’s office after 3:00 p.m. shall 18 be filed, numbered, and reported in the journal for the 19 subsequent day. The secretary shall number such bills 20 in consecutive order. The secretary shall maintain a 21 record of all study bills and their assigned number. 22 Committee records shall refer to study bills by the 23 number assigned by the secretary. 24 4. The secretary shall file a report in the journal 25 of each study bill received. The report shall show 26 the study bill number, its title or subject matter and 27 the committee which is considering it. If a study 28 bill is referred to a subcommittee, then the committee 29 chairperson shall report in the journal the names of 30 -26- LSB 1673SQ (26) 84 26/ 50
S.R. 2 the subcommittee members to which it is assigned. 1 5. If a committee bill or resolution is introduced 2 which was not previously the subject of a study bill 3 in the sponsoring committee, the majority leader may 4 re-refer the bill back to the committee. 5 6. A study bill not prepared by the legislative 6 services agency may be submitted to a standing 7 committee, but shall not be considered by the full 8 committee unless reviewed and typed in proper form by 9 the legislative services agency. 10 COMMITTEES AND COMMITMENT 11 Rule 34 12 Committee Appointments 13 Committee appointments shall be made by the majority 14 leader for majority party members, after consultation 15 with the president, and by the minority leader for 16 minority party members, after consultation with the 17 president. No senator shall serve on more than six 18 standing committees. The majority leader, after 19 consultation with the president, shall designate the 20 chairperson and vice-chairperson of each standing 21 committee. The minority leader, after consultation 22 with the president, shall designate the ranking member 23 of each standing committee from the minority membership 24 of that committee. 25 Rule 35 26 Standing Committees 27 The names of the standing committees of the senate 28 shall be: 29 Agriculture 30 -27- LSB 1673SQ (26) 84 27/ 50
S.R. 2 Appropriations 1 Commerce 2 Economic Growth /Rebuild Iowa 3 Education 4 Environment/Energy Independence 5 Government Oversight 6 Human Resources 7 Judiciary 8 Labor and Business Relations 9 Local Government 10 Natural Resources and Environment 11 Rebuild Iowa 12 Rules and Administration 13 State Government 14 Transportation 15 Veterans Affairs 16 Ways and Means 17 Rule 36 18 Committee on Rules and Administration 19 The committee on rules and administration shall 20 recommend rules and rule changes to the senate, shall 21 hire senate employees, shall recommend salary scales 22 for all senate employees, and shall oversee senate 23 budget and administration matters. 24 The committee on rules and administration will 25 select, for senate approval, an individual to serve as 26 secretary of the senate. 27 Upon authorization being given by the committee on 28 rules and administration, the minority party members 29 of the committee will select, for senate approval, an 30 -28- LSB 1673SQ (26) 84 28/ 50
S.R. 2 individual to serve as assistant parliamentarian. 1 The committee shall have the following standing 2 subcommittees: 3 1. Joint Rules 4 2. Senate Rules 5 3. Administrative Services 6 4. Caucus Services 7 The majority leader shall serve as chair of the 8 rules and administration committee and as chair of 9 the standing subcommittee on caucus services. The 10 president of the senate shall serve as vice-chair of 11 the rules and administration committee, and as chair of 12 the subcommittee on administrative services. 13 Rule 37 14 Appropriations Committee 15 The appropriations committee shall receive bills 16 committed to it and shall assign each to one of the 17 appropriations subcommittees. 18 The appropriations subcommittees shall be named: 19 Administration and Regulation 20 Agriculture and Natural Resources 21 Economic Development 22 Education 23 Health and Human Services 24 Justice System 25 Transportation, Infrastructure, and Capitals 26 The appropriations subcommittees shall receive 27 bills assigned to them or may originate proposed bills 28 within the subcommittee’s jurisdiction as defined by 29 the appropriations committee for consideration by the 30 -29- LSB 1673SQ (26) 84 29/ 50
S.R. 2 appropriations committee. Each subcommittee may submit 1 amendments to bills together with the subcommittee’s 2 recommended action to the appropriations committee. 3 If a bill or proposed bill is submitted to the 4 appropriations committee by an appropriations 5 subcommittee the appropriations committee may: 6 1. report the bill or approve the proposed bill for 7 introduction by the appropriations committee; 8 2. report the bill with any appropriations 9 committee-approved amendments incorporated; 10 3. draft a new bill for sponsorship by the 11 appropriations committee and report it; or 12 4. re-refer it together with the appropriations 13 committee’s objections to the appropriations 14 subcommittee from which it was originally referred or 15 which originated the draft bill. 16 The appropriations committee and subcommittees may 17 meet jointly with the appropriations committee of the 18 house of representatives. 19 Rule 38 20 First Reading and Commitment 21 Upon the first reading of an individual bill or 22 resolution, or a house committee bill or resolution, 23 the president shall refer the bill or resolution to an 24 appropriate standing committee unless otherwise ordered 25 by the senate . If the bill or resolution is a senate 26 committee bill or resolution, the president shall place 27 it on the calendar after its first reading. If the 28 subject of the bill or resolution is not germane to the 29 title of the committee presenting it, the president 30 -30- LSB 1673SQ (26) 84 30/ 50
S.R. 2 of the senate may refer it to a committee deemed 1 appropriate. 2 All bills carrying an appropriation for any purpose 3 or involving the expenditure of state funds shall be 4 referred to the committee on appropriations. 5 All bills pertaining to the levy, assessment or 6 collection of taxes or fees shall be referred to the 7 committee on ways and means. 8 Any bill which provides for a new state board, 9 commission, agency or department or makes separate or 10 autonomous an existing state board, commission, agency 11 or department, shall be referred to the committee 12 on state government. If the bill or resolution is 13 so referred after being sponsored or reported out 14 by another committee, and if the committee on state 15 government does not report out the bill or resolution 16 within ten legislative days after referral, the bill 17 or resolution shall automatically be restored to the 18 calendar with the same priority it had immediately 19 before referral. 20 This rule shall also apply when such provisions are 21 added to a bill or resolution by amendment adopted by 22 the senate. 23 Rule 39 24 Rules for Standing Committees 25 The following rules shall govern all standing 26 committees of the senate. Any committee may adopt 27 additional rules which are consistent with these rules: 28 1. A majority of the members shall constitute a 29 quorum. 30 -31- LSB 1673SQ (26) 84 31/ 50
S.R. 2 2. The chair of a committee shall refer each bill 1 and resolution to a subcommittee within seven days 2 after the bill or resolution has been referred to 3 the committee. The chair may appoint subcommittees 4 for study of bills and resolutions without calling a 5 meeting of the committee, but the subcommittee must be 6 announced at the next meeting of the committee. No 7 bill or resolution shall be reported out of a committee 8 until the next meeting after the subcommittee is 9 announced, except that the chair of the appropriations 10 committee may make the announcement of the assignment 11 to a subcommittee by placing a notice in the journal. 12 Any bill so assigned by the appropriations committee 13 chair shall be eligible for consideration by the 14 committee upon report of the subcommittee but not 15 sooner than three legislative days following the 16 publication of the announcement in the journal. 17 When a bill or resolution has been assigned to a 18 subcommittee, the chair shall report to the senate 19 the bill or resolution number and the names of the 20 subcommittee members and such reports shall be reported 21 in the journal. Subcommittee assignments shall be 22 reported to the journal daily. Reports filed before 23 3:00 p.m. shall be printed in the journal for that 24 day; reports filed after 3:00 p.m. shall be printed in 25 the journal for the subsequent day. 26 Where standing subcommittees of any committee have 27 been named, the names of the members and the title of 28 the subcommittee shall be published once and thereafter 29 publication of assignments may be made by indicating 30 -32- LSB 1673SQ (26) 84 32/ 50
S.R. 2 the title of the subcommittee. 1 3. No bill or resolution shall be considered by a 2 committee until it has been referred to a subcommittee 3 and the subcommittee has made its report unless 4 otherwise ordered by a majority of the members. 5 4. The rules adopted by a committee, including 6 subsections 2, 3, 9, 10, 11, and 12 of this rule, may 7 be suspended by an affirmative vote of a majority of 8 the members of the committee. 9 5. The affirmative vote of a majority of the 10 members of a committee is needed to sponsor a committee 11 bill or resolution or to report a bill or resolution 12 out for passage. 13 6. The vote on all bills and resolutions shall be 14 by roll call unless a short-form vote is unanimously 15 agreed to by the committee. A record shall be kept by 16 the secretary. 17 7. No committee, except a conference committee, is 18 authorized to meet when the senate is in session. 19 8. A subcommittee shall not report a bill to the 20 committee unless the bill has been typed into proper 21 form by the legislative services agency. 22 9. A bill or resolution shall not be voted upon the 23 same day a public hearing called under subsection 10 is 24 held on that bill or resolution. 25 10. Public hearings may be called at the discretion 26 of the chair. The chair shall call a public hearing 27 upon the written request of one-half the membership of 28 the committee. The chair shall set the time and place 29 of the public hearing. 30 -33- LSB 1673SQ (26) 84 33/ 50
S.R. 2 11. A subcommittee chair must notify the committee 1 chair not later than one legislative day prior to 2 bringing the bill or resolution before the committee. 3 The committee cannot vote on a bill or resolution for 4 at least one full day following the receipt of the 5 subcommittee report by the chairperson. 6 12. A motion proposing action on a bill or 7 resolution that has been defeated by a committee shall 8 not be voted upon again at the same meeting of the 9 committee. 10 13. Committee meetings shall be open. 11 Rule 40 12 Voting in Committee 13 All committee meetings shall be open at all times. 14 Voting by secret ballot is prohibited. Roll call votes 15 shall be taken in each committee when final action on 16 any bill or resolution is voted, unless a short-form 17 vote is unanimously agreed to by the committee. A roll 18 call vote also shall be taken in each committee at the 19 request of a member upon any amendment or motion. All 20 results shall be entered in the minutes which shall 21 be public records. Records of these votes shall be 22 made available by the chair or the committee secretary 23 at any time. This rule also applies to the steering 24 committee and appropriations subcommittees. 25 The committee shall not authorize the introduction 26 of a committee bill or resolution until the members 27 have received final copies of the bill or resolution 28 with amendments or changes incorporated, and typed into 29 proper form by the legislative services agency. The 30 -34- LSB 1673SQ (26) 84 34/ 50
S.R. 2 committee may, by unanimous consent, dispense with 1 this requirement and instruct the legislative services 2 agency to file a report with the committee members 3 detailing the amendments or changes and this report 4 shall become a part of the committee report. 5 Rule 41 6 Announcement of Committee Meetings 7 It shall be in order for the chair of any committee 8 to announce to the senate the time and place of 9 committee meetings. The announcement shall include a 10 proposed agenda for the meeting. The sergeant-at-arms 11 shall post at the rear of the chamber the daily 12 schedule of committee meetings. 13 Rule 42 14 Withdrawal of Bills and Resolutions from Committee 15 The secretary of the senate shall note on each 16 bill and resolution the date of its reference to 17 committee. No bill or resolution shall be withdrawn 18 from any committee within fifteen legislative days 19 after the bill or resolution has been referred to the 20 committee and thereafter only upon written petition for 21 the withdrawal of such bill or resolution signed by 22 a constitutional majority of the senators, except as 23 provided in Rule 38. Only senators may circulate such 24 a petition. 25 Rule 43 26 Committee Reports 27 All committees shall file a report of committee 28 meetings. Such reports shall contain the following 29 information: 30 -35- LSB 1673SQ (26) 84 35/ 50
S.R. 2 a. The time the meeting convened; 1 b. Those senators who were present and absent at 2 the time the meeting convened, as well as the time any 3 senator, who was not present at the time the meeting 4 convened, arrives for the meeting; 5 c. The vote on any bill or resolution reported out 6 of the committee for floor action; 7 d. The title of the bill; 8 e. The file number of the bill or resolution (if 9 known); 10 f. Whether the committee recommends that the 11 bill or resolution be passed, amended and passed, 12 indefinitely postponed, or considered without committee 13 recommendation; 14 g. An indication of other bills or matters 15 discussed; 16 h. Such other matters as the committee chair shall 17 direct; and 18 i. The time the meeting adjourned. 19 No committee report shall be read, but all committee 20 reports shall be printed in the journal. Upon 21 printing, all committee reports shall then stand 22 approved unless the senate directs otherwise. 23 Rule 44 24 Bills or Resolutions Recommended for Indefinite 25 Postponement 26 No senate bill or resolution recommended for 27 indefinite postponement shall be considered in the 28 absence of the chief sponsor or, if a house bill or 29 resolution, in the absence of the senator representing 30 -36- LSB 1673SQ (26) 84 36/ 50
S.R. 2 the district in which the sponsor resides. When a 1 question is postponed indefinitely, it shall not be 2 again acted upon during that session of the general 3 assembly. 4 GENERAL RULES 5 Rule 45 6 Access to Senate Chamber and Decorum 7 The persons who shall have access to the senate 8 chamber, and the times access shall be available, and 9 the rules governing activities in the chamber and other 10 areas controlled by the senate shall be as prescribed 11 by the rules and administration committee pursuant to a 12 written policy adopted by the committee and filed with 13 the secretary of the senate. 14 Rule 46 15 Legislative Interns and Aides 16 Legislative interns for senators shall be allowed 17 on the floor of the senate in accordance with Rule 45; 18 provided that each intern first has obtained a name 19 badge from the secretary of the senate. The secretary 20 of the senate shall issue an appropriate badge to all 21 interns for senators. 22 Rule 47 23 Clearing of Lobby and Gallery 24 In case of disturbance or disorderly conduct in the 25 lobby or gallery, the presiding officer may order it 26 cleared. 27 Rule 48 28 Presentation of Petitions 29 Each petition shall contain a brief statement of its 30 -37- LSB 1673SQ (26) 84 37/ 50
S.R. 2 subject matter and the name of the senator presenting 1 it. Petitions shall be filed with the secretary of the 2 senate and noted in the journal. 3 Rule 49 4 Distribution of Printed Material 5 No general distribution of printed material in 6 the senate shall be allowed unless authorized by the 7 secretary of the senate or by a senator. 8 Rule 50 9 Concerning the Printing of Papers 10 Any paper, other than that contemplated by Section 11 10, Article III of the Constitution of the State of 12 Iowa, presented to the senate may, with the consent of 13 a constitutional majority, be printed in the journal. 14 Rule 51 15 Reprinting of Documents 16 When any bill has been substantially amended by the 17 senate, the secretary of the senate shall order the 18 bill reprinted on paper of a different color. All 19 adopted amendments inserting new material shall be 20 distinguishable. 21 The secretary of the senate may order the printing 22 of a reasonable number of additional copies of bills, 23 resolutions, amendments or journals. 24 OFFICERS AND EMPLOYEES 25 Rule 52 26 Duties of the President 27 The senate shall elect, from its membership, a 28 president. The president shall call the senate to 29 order at the hour to which the senate is adjourned . 30 -38- LSB 1673SQ (26) 84 38/ 50
S.R. 2 Unless otherwise ordered by the senate, the president 1 and shall proceed with the regular order of daily 2 business. The president shall preserve order 3 and decorum and decide all questions of order and 4 corrections to the journal , subject to an appeal to the 5 senate . The president shall direct voting as provided 6 in rule 22. When a ruling on germaneness is issued by 7 the presiding officer, it shall be accompanied by an 8 explanation of the ruling. The president of the senate 9 shall be the chair of the committee of the whole unless 10 otherwise ordered by the senate, under rule 19. 11 Upon the first reading of an individual bill or 12 resolution, or a house committee bill or resolution, 13 the president shall refer the bill or resolution to the 14 appropriate standing committee unless otherwise ordered 15 by the senate . If the bill or resolution is a senate 16 committee bill or resolution, the president shall place 17 it on the calendar after its first reading. If the 18 subject of the bill or resolution is not germane to the 19 title of the committee presenting it, the president of 20 the senate may refer it to the appropriate committee. 21 The president shall sign legislative enactments upon 22 their enrolling. 23 The president of the senate shall serve as a member 24 of the legislative council and the senate rules and 25 administration committee. The president shall serve 26 on the rules and administration committee as chair of 27 the standing subcommittee designated to supervise the 28 secretary of the senate and other employees of the 29 administrative services division of the senate. 30 -39- LSB 1673SQ (26) 84 39/ 50
S.R. 2 Rule 53 1 The President Pro Tempore 2 The senate shall elect, from its membership, a 3 president pro tempore. When the president is absent, 4 the president pro tempore shall preside, except when 5 the chair is filled by temporary appointment by the 6 president or the majority leader. 7 The president pro tempore, when presiding, shall 8 perform duties as prescribed in rule 52, paragraphs 1 9 and 2. 10 The president pro tempore shall serve as a member of 11 the legislative council and as a member of the senate 12 committee on rules and administration. 13 Rule 54 14 Secretary of the Senate 15 The secretary of the senate shall be an a 16 nonpartisan officer of the senate and shall: 17 1. Serve as chief administrative officer of the 18 senate. 19 2. Have charge of the secretary’s desk. 20 3. Be responsible for the custody and safekeeping 21 of all bills, resolutions, and amendments filed, except 22 while they are in the custody of a committee. 23 4. Have charge of the daily journal. 24 5. Have control of all rooms assigned for the use 25 of the senate. 26 6. Keep a detailed record of senate action on all 27 bills and resolutions. 28 7. Insert adopted amendments into bills before 29 transmittal to the house of representatives and prior 30 -40- LSB 1673SQ (26) 84 40/ 50
S.R. 2 to final enrollment. 1 8. Prescribe the duties of and supervise all senate 2 employees. 3 9. Authorize all expenditures of funds within the 4 senate budget. 5 The secretary of the senate shall also act as senate 6 parliamentarian and shall: 7 1. Advise the presiding officer of the senate about 8 parliamentary procedures during deliberations of the 9 senate. 10 2. Perform other duties as prescribed by the 11 committee on rules and administration. 12 3. Process the handling of amendments when filed 13 and during the floor consideration of bills. 14 Rule 55 15 Legal Counsel 16 The legal counsel shall be the secretary of the 17 senate or a contractual employee of the senate and 18 shall: 19 1. Serve as attorney and counselor for the senate. 20 2. At the request of the majority or minority 21 leaders, research any legal issue in which the senate 22 has an interest. However, the legal counsel shall not 23 issue nor venture any opinions on unresolved questions 24 of law unless permitted by both the majority and 25 minority leaders. 26 Rule 56 27 Sergeant-at-Arms 28 The sergeant-at-arms shall be an employee of the 29 senate and shall: 30 -41- LSB 1673SQ (26) 84 41/ 50
S.R. 2 1. Wear the appropriate badge of his or her office. 1 2. Attend the senate during its sessions. 2 3. Aid in the enforcement of order under the 3 direction of the president of the senate and the 4 secretary of the senate. 5 4. Execute the commands of the senate. 6 5. See that no unauthorized person disturbs the 7 contents of the senators’ desks. 8 6. Supervise the doorkeepers, the assistant 9 sergeant-at-arms, and pages. 10 7. Announce all delegations from the governor or 11 house. 12 8. Supervise the seating of visitors and press 13 representatives. 14 Rule 57 15 Senate Secretaries 16 Every senator shall be permitted to employ for each 17 session of a general assembly a personally selected 18 secretary. 19 Rule 58 20 Use of Electronic Voting System 21 Any officer or employee of the senate, other than 22 a duly elected member of the senate, who operates the 23 electronic voting machine mechanism located at the 24 desk of said member of the senate shall be subject to 25 immediate termination from employment. The provisions 26 of this paragraph only shall apply during the taking 27 of a record or non-record roll call vote utilizing the 28 electronic voting system. 29 CONFIRMATION OF APPOINTMENTS 30 -42- LSB 1673SQ (26) 84 42/ 50
S.R. 2 Rule 59 1 Appointments 2 The secretary of the senate shall: 3 a. send, to each appointee submitted by the 4 governor for senate confirmation, a copy of a 5 senate questionnaire as approved by the rules and 6 administration committee; 7 b. receive completed questionnaires from appointees 8 and forward copies of the completed questionnaires to 9 appropriate committee members; 10 c. maintain “Confirmation Calendar” categories 11 on the senate calendar as directed under this rule, 12 senate rule 6, and by the committee on rules and 13 administration. No appointee shall be listed as 14 eligible on the confirmation calendar until the 15 secretary has received the appointee’s completed senate 16 questionnaire. 17 As soon as possible after the convening of a 18 session, and again within one week following March 15 19 1 , the secretary of the senate shall publish in the 20 senate journal the names of all nominees submitted 21 for confirmation. The secretary of the senate shall 22 maintain a file of all appointments received from the 23 governor for confirmation. The file shall contain 24 a description of the duties and the compensation 25 for each nominee. The file shall show the date an 26 appointment was received from the governor, the date 27 the appointment was published in the journal, whether 28 the nominee has been introduced, whether a committee 29 report has been filed, when the senate questionnaire 30 -43- LSB 1673SQ (26) 84 43/ 50
S.R. 2 was sent to the appointee, and shall include a copy of 1 the appointee’s completed senate questionnaire, upon 2 receipt. 3 INVESTIGATING COMMITTEES. All appointments received 4 from the governor shall be referred to the rules 5 and administration committee by the secretary of 6 the senate on the same day they are published in 7 the senate journal. The rules and administration 8 committee shall establish an en bloc confirmation 9 calendar which must be filed with the secretary of 10 the senate. Within three (3) legislative days after 11 receiving an appointment, the committee shall either 12 place a nominee on the en bloc confirmation calendar 13 or assign the nominee to an appropriate standing 14 committee for further investigation, publishing notice 15 of such assignment in the senate journal for the next 16 legislative day. If the rules and administration 17 committee fails to take action on a nominee within the 18 three days, the nominee shall automatically be placed 19 on the en bloc confirmation calendar. 20 Within the three (3) legislative days after 21 an appointment has been referred to the rules and 22 administration committee, any ten senators may 23 require that the nominee be assigned to an appropriate 24 standing committee by filing a written, signed 25 request therefor with the chairperson of the rules and 26 administration committee. The committee chair shall 27 refer the appointment to a subcommittee within one (1) 28 legislative day after a standing committee receives 29 an appointment for further investigation, publishing 30 -44- LSB 1673SQ (26) 84 44/ 50
S.R. 2 notice of such assignment in the senate journal for the 1 next legislative day. Within ten (10) legislative days 2 after a standing committee receives an appointment for 3 further investigation the subcommittee shall file its 4 report with the standing committee. 5 Within fourteen (14) legislative days after a 6 standing committee receives an appointment for 7 further investigation, the committee shall conduct 8 an investigation of the nominee and file its report 9 thereon with the secretary of the senate, who shall 10 then place the nominee on the en bloc calendar or 11 individual confirmation calendar as directed by 12 the committee. The failure of a committee to file 13 its report within the prescribed time means that 14 the nominee is to be automatically placed, without 15 recommendation, upon the individual confirmation 16 calendar. 17 Any individual nominated to head a department 18 or agency of state government, whose appointment is 19 subject to senate confirmation, must be introduced 20 to the full senate prior to a vote on confirmation 21 of the nominee. Additionally, any five (5) senators 22 may request that any nominee be introduced to the 23 senate by filing a written request with the secretary 24 of the senate within ten (10) legislative days of 25 the nominee’s name appearing in the journal. Any 26 individual nominated to a position requiring senate 27 confirmation may request to be introduced to the 28 full senate by notifying the secretary of the senate 29 at least one (1) legislative day in advance of the 30 -45- LSB 1673SQ (26) 84 45/ 50
S.R. 2 nominee’s appearance. If an individual is nominated 1 both to fill a vacancy for an unexpired term and is 2 also nominated for reappointment to that position 3 during the same session, a single introduction is 4 sufficient for eligibility for confirmation to both 5 terms. 6 HEARINGS. Any member of a committee investigating 7 an appointment may, within five (5) legislative days 8 after the committee receives the appointment, obtain a 9 hearing with the nominee by filing a written request 10 with the secretary of the senate who shall forward it 11 to the chair of the standing committee and the chair 12 of the subcommittee. Notice of the hearing shall be 13 published in the journal at least two (2) legislative 14 days prior to the hearing. At the hearing, which 15 shall be before the subcommittee, the nominee may be 16 questioned as to his or her qualifications to fulfill 17 the office to which nominated and further questioned as 18 to his or her viewpoints on issues facing the office to 19 which nominated. Any senator may at the discretion of 20 the chair of the subcommittee be permitted to submit 21 oral questions. The public may, at the discretion of 22 the investigating committee, be permitted to submit 23 oral or written statements as to the qualifications of 24 the nominee. 25 Also, within five (5) legislative days after the 26 subcommittee receives an appointment for investigation, 27 any senator may submit written questions to be answered 28 by the nominee prior to consideration of the nominee’s 29 confirmation by the senate. 30 -46- LSB 1673SQ (26) 84 46/ 50
S.R. 2 INFORMATIONAL MEETINGS. After a nominee has been 1 placed on the calendar and prior to the vote on 2 confirmation, any senator may request an informational 3 meeting on the nomination which shall be held before 4 the subcommittee. 5 VOTING ON CONFIRMATIONS. Upon the motion of the 6 majority leader or his or her designee, the nominees on 7 the en bloc confirmation calendar shall be confirmed 8 en bloc by the affirmative vote of two-thirds of the 9 members elected to the senate. The journal shall 10 reflect a single roll call accompanied by a statement 11 of the names of those individuals subject to the en 12 bloc confirmation vote. 13 Prior to an en bloc vote, any senator may request, 14 either in writing or from the floor, an individual vote 15 on any nominee on the en bloc confirmation calendar. 16 The senate shall vote separately on the nominee. 17 Nominees on the individual confirmation calendar 18 shall be confirmed by a two-thirds vote; however, the 19 senate shall take a separate roll call on each nominee, 20 unless by unanimous consent, it determines to take one 21 vote on all nominees under consideration. In any case, 22 the journal shall reflect a single roll call vote for 23 each nominee. 24 If an individual is nominated both to fill a vacancy 25 for an unexpired term and is also nominated for 26 reappointment to that position, and such appointment 27 and reappointment appear on the senate calendar as 28 eligible at the same time, a single vote is sufficient 29 for confirmation to both terms. 30 -47- LSB 1673SQ (26) 84 47/ 50
S.R. 2 Rule 60 1 Time of Committee Passage and Consideration of Bills 2 1. This rule does not apply to concurrent or 3 simple resolutions, joint resolutions nullifying 4 administrative rules, senate confirmations, bills 5 embodying redistricting plans prepared by the 6 legislative services agency pursuant to chapter 7 42, or bills passed by both houses in different 8 forms. Subsection 2 of this rule does not apply to 9 appropriations bills, ways and means bills, legalizing 10 acts, administrative rules review committee bills, 11 bills sponsored by standing committees in response to 12 a referral from the president of the senate or the 13 speaker of the house of representatives relating to 14 an administrative rule whose effective date has been 15 delayed until the adjournment of the next regular 16 session of the general assembly by the administrative 17 rules review committee, bills cosponsored by the 18 majority and minority floor leaders of the senate, 19 bills in conference committee, and companion bills 20 sponsored by the majority floor leaders of both houses 21 after consultation with the respective minority floor 22 leaders. For the purposes of this rule, a joint 23 resolution is considered as a bill. To be considered 24 an appropriations or ways and means bill for the 25 purposes of this rule, the appropriations committee or 26 the ways and means committee must either be the sponsor 27 of the bill or the committee of first referral in the 28 senate. 29 2. To be placed on the calendar in the senate a 30 -48- LSB 1673SQ (26) 84 48/ 50
S.R. 2 senate bill must be first reported out of a standing 1 committee by Friday of the 9th 8th week of the first 2 session and the 5th 8th week of the second session. A 3 house bill must be first reported out of a standing 4 committee by Friday of the 13th 12th week of the first 5 session and the 8th 11th week of the second session to 6 be placed on the senate calendar. 7 3. During the 11th 10th week of the first session 8 and the 9th week of the second session , the senate 9 shall consider only bills originating in the senate and 10 unfinished business. During the 14th 13th week of the 11 first session and the 12th week of the second session , 12 the senate shall consider only bills originating in 13 the house and unfinished business. Beginning with the 14 15th 14th week of the first session and the 10th 13th 15 week of the second session, the senate shall consider 16 only bills passed by both houses, bills exempt from 17 subsection 2 and unfinished business. 18 4. A motion to reconsider filed and not disposed 19 of on an action taken on a bill or resolution which is 20 subject to a deadline under this rule may be called up 21 at any time before or after the day of the deadline by 22 the person filing the motion or after the deadline by 23 the majority floor leader, notwithstanding any other 24 rule to the contrary. 25 BE IT FURTHER RESOLVED, That should a system 26 of deadlines for the time of committee passage and 27 consideration of bills be adopted by joint action 28 of the senate and house at any time during the 29 eighty-third eighty-fourth general assembly, those 30 -49- LSB 1673SQ (26) 84 49/ 50
S.R. 2 provisions shall supersede the provisions of rule 60. 1 -50- LSB 1673SQ (26) 84 50/ 50
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