| 1 | 1 | | Senate Resolution 6 - Introduced SENATE RESOLUTION NO. 6 BY WHITVER A Resolution relating to permanent rules of the senate 1 for the ninety-first general assembly. 2 BE IT RESOLVED BY THE SENATE, That the permanent 3 rules of the senate for the eighty-eighth ninety-first 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and Amendment of Rules 13 Whenever the senate is operating under temporary 14 rules, the rules may be amended or repealed, or 15 permanent rules may be adopted, by a constitutional 16 majority of the senators. After adoption of permanent 17 rules of the senate during any general assembly, the 18 rules may be amended or repealed by a constitutional 19 majority of the senators voting on a simple resolution. 20 Upon convening of the Eighty-ninth General Assembly, 21 for purposes of adopting temporary rules, these rules 22 shall revert to the senate rules as adopted pursuant to 23 Senate Resolution 3 during the 2019 Session. 24 Rule 3 25 Rules of Parliamentary Procedure 26 In cases not covered by senate rules or joint rules, 27 Masons Manual of Legislative Procedure shall govern. 28 -1- LSB 1935XS (13) 91 tm/jh 1/ 48 |
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| 3 | 3 | | S.R. 6 Rule 4 1 Sessions of the General Assembly 2 The election of officers, organization, hiring and 3 compensation of employees, and committees of the senate 4 shall carry over from the first to the second regular 5 sessions and to any extraordinary sessions of the same 6 general assembly. 7 All bills, study bills, and resolutions introduced 8 in the first regular session of a general assembly, 9 except those which have been withdrawn, indefinitely 10 postponed, or have failed, shall carry over into the 11 second regular session and to any extraordinary session 12 of the same general assembly. Bills and resolutions 13 which have been voted upon on final passage by either 14 house in any session shall remain on the calendar 15 in the same status as at the end of the session at 16 any subsequent regular or extraordinary session. 17 Except as provided by this rule, upon the adjournment 18 of the first regular session and any extraordinary 19 session, each senate bill or resolution shall be 20 automatically referred back to the committee to which 21 it was originally assigned. The secretary of the 22 senate shall publish in the journal a list of the bills 23 returned to committee under this rule and shall present 24 a list to the chairs of the respective committees 25 upon the convening of the second regular session. 26 Within seven fourteen days after the first committee 27 meeting after the convening of the second regular 28 session, committee chairs shall either refer such 29 bills and resolutions that have been returned to their 30 -2- LSB 1935XS (13) 91 tm/jh 2/ 48 |
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| 5 | 5 | | S.R. 6 respective committees under this rule to a subcommittee 1 for consideration or indefinitely postpone further 2 consideration of such bills. The committee chairs 3 shall report to the senate the bill or resolution 4 number and the names of the subcommittee members. 5 Rule 5 6 Regular Order of Daily Business 7 The following order shall govern, subject to any 8 special order: 9 1. Correction of the journal. 10 2. Senators to be excused. 11 3. Communications to the senate. 12 4. Introduction of bills and resolutions. 13 5. Consideration of senate calendar. 14 Rule 6 15 Senate Calendar 16 1. Each legislative day the secretary of the senate 17 shall prepare a listing of bills to be known as the 18 Senate Calendar. 19 2. The senate calendar shall include separate 20 listings for any bills and resolutions in the following 21 categories: 22 a. Conference Committee Report 23 b. Bills in Conference Committee 24 c. House Amendment to senate Amendment to House 25 File 26 d. House Refuses to Concur in senate Amendment to 27 House File 28 e. Senate Files Amended by the House 29 f. Unfinished Business 30 -3- LSB 1935XS (13) 91 tm/jh 3/ 48 |
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| 7 | 7 | | S.R. 6 g. Motions to Reconsider 1 h. Administrative Rules Nullification Resolutions 2 i. Veto Messages from the Governor 3 3. The secretary shall list bills and resolutions 4 in the above categories in numerical order. Upon 5 their first publication in the calendar, bills and 6 resolutions in the above categories may be called up 7 for debate at any time by the majority leader. Motions 8 to reconsider shall be called up as provided by Rule 9 24. 10 4. The senate calendar shall include a listing 11 of senate appropriations committee bills and bills 12 reported out by the senate appropriations committee. 13 The list shall be known as the Appropriations 14 Calendar. The secretary shall list the bills in 15 numerical order. Upon their first publication in the 16 calendar, bills on the appropriations calendar may be 17 called up for debate at any time by the majority leader 18 provided they are eligible under Rule 8. 19 5. The senate calendar shall include a listing 20 of bills which pertain to the levy, assessment or 21 collection of taxes sponsored by or initially assigned 22 to and reported out by the senate ways and means 23 committee. The list shall be known as the Ways and 24 Means Calendar. The secretary shall list the bills in 25 numerical order. Upon their first publication in the 26 calendar, bills on the ways and means calendar may be 27 called up for debate at any time by the majority leader 28 provided they are eligible under Rule 8. 29 6. The senate calendar shall include a list of 30 -4- LSB 1935XS (13) 91 tm/jh 4/ 48 |
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| 9 | 9 | | S.R. 6 bills and resolutions, known as the Regular Calendar, 1 which shall consist of bills and resolutions reported 2 out by a senate committee. The bills and resolutions 3 shall be listed in numerical order. Priority shall be 4 given to senate over house bills and resolutions. Upon 5 their first publication in the calendar, bills on the 6 regular calendar may be called up for debate at any 7 time by the majority leader, provided they are eligible 8 under Rule 8. 9 A bill reported out of committee which is 10 subsequently referred to the ways and means or 11 appropriations committee and then reported out of that 12 committee, shall be returned to the regular calendar in 13 numerical order. 14 7. The senate calendar shall include a listing of 15 the governors appointees to state boards, commissions, 16 and other offices requiring senate confirmation. This 17 listing shall be known as the Confirmation Calendar. 18 Names on the confirmation calendar may be called up 19 for confirmation at any time by the majority leader 20 provided they are eligible under rule Rule 59. 21 8. The majority leader, or in the absence of the 22 majority leader the assistant majority leaders, may 23 select from among the bills on the previous legislative 24 days senate calendar and from the bills selected 25 create a new listing which shall be known as the 26 Tentative Debate Calendar. A bill or resolution on 27 the tentative debate calendar may be debated only when 28 eligible under Rule 8. 29 9. If the senate shall not be in session on a day 30 -5- LSB 1935XS (13) 91 tm/jh 5/ 48 |
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| 11 | 11 | | S.R. 6 assigned in subsection 8 for action upon a calendar, 1 such assigned action may occur on the next succeeding 2 legislative day. 3 10. On any bill called up for debate from any 4 calendar, debate may continue from day to day until 5 it is adopted, fails, or is postponed or deferred. If 6 further debate is postponed or deferred without a time 7 to continue being set, the bill shall be listed as 8 unfinished business. Bills that are returned to the 9 committee of first referral or to a different committee 10 after being considered by the senate and classified as 11 unfinished business shall be returned to the unfinished 12 business calendar by that committee when the bill is 13 reported out of committee. The unfinished business 14 date on the calendar shall be the date on which the 15 bill was returned to committee. 16 Rule 7 17 Reserved. 18 Order and Time of Business First Extraordinary 19 Session, July 2023 20 1. On or before 9:15 a.m. on July 11, 2023, the 21 senate shall conclude debate and vote on the adoption 22 of Senate Concurrent Resolution 8 or House Concurrent 23 Resolution 10 to provide for the business of the 2023 24 First Extraordinary Session of the Ninetieth General 25 Assembly pursuant to joint rule 3. 26 2. Both parties may utilize the time after the 27 morning recess of the senate and prior to the 11:00 28 a.m. convening of the senate state government committee 29 on July 11, 2023, for party caucuses. 30 -6- LSB 1935XS (13) 91 tm/jh 6/ 48 |
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| 13 | 13 | | S.R. 6 3. The senate state government committee shall meet 1 at 11:00 a.m. on July 11, 2023. The order of business 2 of the committee shall be as follows: 3 a. Call to order. 4 b. Roll call. 5 c. Approval of the minutes from the previous 6 meeting. 7 d. Consideration of Senate Study Bill 1223 by a 8 subcommittee of the whole. 9 e. Consideration of Senate Study Bill 1223 by the 10 senate state government committee. 11 f. For purposes of the senate state government 12 committee meeting, all proposed committee amendments 13 shall be prepared and distributed to the committee no 14 later than 11:00 a.m. on July 11, 2023. 15 g. On or before 2:00 p.m. on July 11, 2023, all 16 debate shall cease and the senate state government 17 committee shall vote on all amendments, motions, and 18 final action on Senate Study Bill 1223. 19 h. For purposes of Senate Study Bill 1223 and any 20 successor, rule 40, unnumbered paragraph 2, is not 21 applicable. 22 4. Both parties may utilize the time after the 23 conclusion of the senate state government committee and 24 prior to the senate reconvening at 4:00 p.m. on July 25 11, 2023, for party caucuses. 26 5. Any bill approved by the senate state government 27 committee on July 11, 2023, shall be eligible for 28 immediate consideration by the senate. 29 6. The senate shall reconvene at 4:00 p.m. on July 30 -7- LSB 1935XS (13) 91 tm/jh 7/ 48 |
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| 15 | 15 | | S.R. 6 11, 2023, for the consideration of Senate File 579 or 1 House File 732. All proposed amendments to Senate File 2 579 or House File 732 shall be filed and made available 3 electronically to the senate no later than 4:00 p.m. 4 on July 11, 2023. 5 7. On or before 11:00 p.m. on July 11, 2023, all 6 debate shall cease and the senate shall vote on all 7 amendments, motions, and final passage of Senate File 8 579 or House File 732. 9 Rule 8 10 When Eligible for Consideration 11 Bills, resolutions, and appointments shall be 12 eligible for consideration by the senate as follows: 13 1. An appointment by the governor which requires 14 senate confirmation shall be eligible on the first 15 legislative day it is printed in the senate calendar as 16 provided by Rule 59. 17 2. A house or individually sponsored bill or 18 resolution reported out by a committee shall be 19 eligible on the first legislative day it is printed in 20 the senate calendar. 21 3. A committee bill or resolution sponsored by the 22 appropriations committee shall be eligible on the first 23 legislative day it is printed in the senate calendar. 24 4. Any committee bill or resolution, other than 25 a bill or resolution sponsored by the appropriations 26 committee, shall be eligible on the first legislative 27 day it is printed in the senate calendar. 28 Rule 9 29 Debate and Decorum 30 -8- LSB 1935XS (13) 91 tm/jh 8/ 48 |
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| 17 | 17 | | S.R. 6 Before addressing the senate, the senator shall 1 request recognition by depressing the speak device 2 and, when recognized, rise and respectfully address the 3 chair. 4 The senator shall confine all remarks to the 5 question under debate and shall avoid discussing 6 personalities or implication of improper motives. No 7 questions except by the senator recognized shall be 8 entertained after a senator is recognized to give final 9 remarks. 10 Rule 10 11 Point of Personal Privilege 12 A point of personal privilege shall only be 13 recognized immediately prior to adjournment for the 14 day when there is no motion pending or other business 15 being considered by the senate. Points of personal 16 privilege shall not be in order during the time when 17 appropriation subcommittees are scheduled to meet. 18 Senators speaking on a point of personal privilege 19 shall be limited to ten minutes. 20 Rule 11 21 Introduction and Presentation of Guests 22 Only former members of the senate and former and 23 present members of Congress shall be presented to 24 the senate, except that the president of the senate 25 may present a visitor whose presence is of special 26 significance to the senate. The introduction of 27 school groups accompanied by school officials shall be 28 announced by the president of the senate or a senator 29 and shall be recorded in the journal upon written 30 -9- LSB 1935XS (13) 91 tm/jh 9/ 48 |
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| 19 | 19 | | S.R. 6 request of a member of the senate. Senators may be 1 recognized to introduce guests in the galleries when 2 there is no motion pending or other business being 3 considered by the senate. Introductions shall be 4 limited to one minute. 5 Rule 12 6 Form and Withdrawal of Motions, Amendments, and 7 Signatures 8 Motions need not be in writing unless required by 9 the president or by the senate. No motion requires 10 a second. Any amendment, motion (including a motion 11 to reconsider), or resolution may be withdrawn by the 12 mover if it has not been amended by the senate and if 13 no amendment is pending. All amendments to bills, 14 resolutions, and reports shall be in writing and filed 15 before being acted upon by the senate. 16 No bill or conference committee report A bill, 17 conference committee report, amendment, or senate 18 resolution shall not be considered by the senate 19 without until a copy of the bill , or conference 20 committee report being on the desks of the entire 21 membership of the senate prior to consideration , 22 amendment, or senate resolution is available 23 electronically to each member of the senate . An 24 amendment or senate resolution shall not be considered 25 by the senate until a copy of the amendment or senate 26 resolution is distributed electronically to each member 27 of the senate and paper copies are made available in 28 the senate chamber. 29 All amendments, reports, petitions or other 30 -10- LSB 1935XS (13) 91 tm/jh 10/ 48 |
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| 21 | 21 | | S.R. 6 documents requiring a signature shall have the name 1 printed under the place for the signature. Once a 2 signature is affixed and the document containing the 3 signature filed with the recording clerk in the well, 4 that signature shall not be removed. 5 When an amendment to a main amendment is filed that 6 would negate the effect of the main amendment and 7 thereby leave the bill unchanged, the presiding officer 8 shall have the authority to declare the amendment to 9 the main amendment out of order, subject to an appeal 10 to the full senate. 11 When a house amendment to a senate file is before 12 the senate, an amendment to the house amendment shall 13 be considered an amendment in the first degree. 14 Regardless of its origin, an amendment in the third 15 degree shall be ruled out of order. 16 When a ruling on whether an amendment is or is not 17 germane is issued, the ruling shall be accompanied by 18 an explanation. 19 Rule 13 20 Order and Precedence of Motions and Amendments 21 When a question is under debate, no motion shall 22 be received but to adjourn, to recess, questions 23 of privilege, to lay on the table, for the previous 24 question, to postpone to a day certain, to refer, 25 to amend, to postpone indefinitely, to defer, or 26 incidental motions. A substitute is not in order 27 unless it is in the form of a motion to substitute. 28 Such motions shall have precedence in the order in 29 which they are named. No motion to postpone to a 30 -11- LSB 1935XS (13) 91 tm/jh 11/ 48 |
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| 23 | 23 | | S.R. 6 day certain, to refer, or postpone indefinitely, 1 being decided, shall be again allowed on the same 2 day with regard to the same question. A motion to 3 strike out the enacting clause of a bill shall have 4 precedence over all amendments and, if carried, shall 5 be considered equivalent to the rejection of the bill. 6 A motion to strike everything after the enacting 7 clause has precedence over a committee amendment and 8 all other amendments except one to strike the enacting 9 clause. A committee amendment has precedence over all 10 other amendments except as provided in this rule. 11 A motion to rerefer a bill to committee may specify 12 when the committee shall report the bill to the senate. 13 If the motion is adopted in such form, the committee 14 must report the bill by the date and time specified 15 with or without recommendation or the bill shall 16 automatically be returned to the calendar. When the 17 bill is returned to the calendar, it shall occupy 18 the same position it occupied at the time the bill 19 was rereferred to the committee. If the committee 20 to which the bill is rereferred submits an amendment 21 in its report, that committee amendment shall take 22 precedence over other amendments except if that 23 committee amendment is in conflict with amendments 24 previously adopted, the committee amendment shall 25 not be considered until consideration of motions to 26 reconsider the previously adopted amendments result 27 in removing the conflict. A committee may not file 28 an amendment to a bill unless the bill is in the 29 committees possession. 30 -12- LSB 1935XS (13) 91 tm/jh 12/ 48 |
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| 25 | 25 | | S.R. 6 Rule 14 1 Motions Before the senate 2 Motions before the senate, except motions for 3 adjournment or recess, shall be displayed on the 4 electronic voting system display boards. 5 Rule 15 6 Nondebatable Motions 7 The following motions are not debatable: 8 1. Adjourn 9 2. Recess 10 3. Lift a Call of the senate 11 4. Lay on Table or Take from Table 12 5. Previous Question 13 6. Reconsider vote by which bill was placed on last 14 reading. 15 7. A Motion to Reconsider and Lay the Motion to 16 Reconsider on the Table (Double-barreled Motion). 17 Rule 16 18 Division of the Question 19 Any senator may call for a division of a question, 20 which shall be divided if it includes propositions 21 so distinct that if one is taken away, a substantive 22 proposition shall remain in a technically proper form 23 for the decision of the senate. A motion to strike out 24 and insert is indivisible; but a motion to strike out, 25 if lost, shall not preclude amendments to the matter 26 attempted to be stricken or a motion to strike out and 27 insert. 28 Rule 17 29 The Previous Question 30 -13- LSB 1935XS (13) 91 tm/jh 13/ 48 |
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| 27 | 27 | | S.R. 6 The previous question shall be in this form: Shall 1 debate be closed on the pending question? A motion 2 for the previous question may be adopted by a majority 3 of the senators present and voting. Its effect shall 4 be to put an end to debate and bring the senate to a 5 direct vote upon the pending question. However, any 6 senator who has not previously spoken on the pending 7 question and who, after the main question is taken up 8 and before the motion for the previous question has 9 been made, requested recognition by depressing the 10 speak device may speak no longer than five minutes 11 on the pending question. If action on the pending 12 question continues into another legislative day or is 13 deferred, the previous question shall apply and the 14 requests to be recognized shall be honored. 15 When the motion applies to an amendment, the senator 16 proposing the amendment shall have five minutes to 17 close debate on the amendment. 18 The senator handling the measure under consideration 19 shall have ten minutes to close debate on the main 20 question. 21 Rule 18 22 Call of the Senate 23 Ten senators may file in writing a call of the 24 senate on any single item of legislative business. 25 A call of the senate requires the presence of every 26 senator and is in order at any time prior to the vote 27 being announced by the president. The sergeant-at-arms 28 shall return promptly all absent senators. Debate 29 on the item may continue while absent senators are 30 -14- LSB 1935XS (13) 91 tm/jh 14/ 48 |
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| 29 | 29 | | S.R. 6 returning, but no vote on the item is in order on it 1 until all have returned. Adoption of a motion to 2 recess or adjourn to a specific time will not lift 3 the call. The call may be lifted, or a senator may 4 be excused from the call without lifting the call, by 5 a vote of a constitutional majority of the senators. 6 Those senators excused prior to the filing of the call 7 are excused from the call. 8 Rule 19 9 Committee of the Whole 10 The senate may resolve itself into a committee of 11 the whole senate when it wishes to permit more free and 12 informal discussion. Persons other than senators may 13 appear and present information. 14 Any senator may move that the senate now resolve 15 itself into a committee of the whole to consider a 16 stated subject. 17 The president of the senate shall be chair of the 18 committee of the whole unless otherwise ordered by the 19 senate. 20 The procedure in committee of the whole is subject 21 to the rules of the senate. The previous question and 22 the motion to reconsider shall be in order. 23 The committee of the whole cannot take any final 24 action and its power is limited to recommendation to 25 the senate. The proceedings of the committee of the 26 whole, including any roll call vote, shall be printed 27 in the journal. 28 Any senator may at any time, except while voting or 29 while a senator has the floor, move that the committee 30 -15- LSB 1935XS (13) 91 tm/jh 15/ 48 |
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| 31 | 31 | | S.R. 6 rise which is equivalent to a motion to adjourn. 1 After adoption of the motion to rise, the chair 2 may report to the senate in the same manner as other 3 committee reports are given. 4 Rule 20 5 Last Reading and Passage of Bills 6 When a motion to place a bill on its last reading is 7 lost, the same motion shall be in order at any later 8 time. After the last reading of a bill, no amendment 9 shall be received. The vote on final passage shall be 10 taken immediately without debate. 11 Rule 21 12 Engrossment of Bills 13 An engrossment is a proofreading and verification 14 in order to be certain that a bill before the senate is 15 identical with the original bill as introduced with all 16 amendments which have been adopted correctly inserted. 17 In an engrossed bill, all obvious typographical, 18 spelling or other clerical errors are corrected and 19 section or paragraph numbers and internal references 20 are changed as required to conform the original bill 21 to any amendments which have been adopted. All such 22 corrections or changes shall be reported in the journal 23 by the secretary of the senate. The engrossed bill 24 shall be placed in the bill file with the original bill 25 and amendments. 26 Rule 22 27 Manner of Voting 28 On voice vote, the question shall be distinctly 29 put in this form: Those in favor of (the question) 30 -16- LSB 1935XS (13) 91 tm/jh 16/ 48 |
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| 33 | 33 | | S.R. 6 say yea aye . Those opposed to (the question) 1 say no. A vote of aye, yea, or yes shall be 2 recorded in the senate journal as yea. A vote of 3 nay or no shall be recorded in the senate journal 4 as no. 5 A non-record or record roll call vote may be 6 requested by any senator or ordered by the president 7 any time before the results are announced. A 8 non-record roll call shall be requested by asking for a 9 division. A record roll call shall be requested by 10 asking for a record. Upon request for a non-record 11 or record roll call vote, the president shall announce 12 that such a non-record or record roll call vote has 13 been requested and shall state the question to be put 14 to the senate. The president then shall direct the 15 secretary of the senate to receive the votes. 16 Senators present may cast their votes, either 17 by operating the voting mechanism located at their 18 assigned desk or by signaling the president if they are 19 unable to vote at their assigned desk. The president 20 shall enter the votes of senators signaling their 21 votes. 22 After ten minutes have elapsed for all senators 23 present to record their votes, the president shall 24 direct the secretary of the senate to close the voting 25 system. The president shall still enter the senators 26 votes at any time prior to directing the secretary of 27 the senate to lock the voting system. The president 28 shall then immediately announce the vote. Any senator 29 not present to record the senators vote within the ten 30 -17- LSB 1935XS (13) 91 tm/jh 17/ 48 |
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| 35 | 35 | | S.R. 6 minutes shall be recorded as excused. 1 During a record roll call vote, both individual 2 votes and vote totals shall be indicated on the display 3 boards and printed in the journal. On non-record 4 roll calls, only vote totals shall be indicated on the 5 display boards and printed in the journal. 6 In the event the electronic voting system is not 7 in operating order, the president shall direct the 8 secretary of the senate to take the non-record or 9 record roll call by calling the names of the senators 10 in alphabetical order. In the event the senate camera 11 system is not in operating order, debate in the senate 12 shall continue provided live audio is available on the 13 general assemblys internet site. 14 Rule 23 15 Duty of Voting 16 Every senator present when a question is put shall 17 vote yea aye , no, or present unless previously 18 excused by the senate. Upon demand being made by any 19 senator, the secretary of the senate shall call in 20 alphabetical order the names of the senators not voting 21 or voting present. Those senators called shall 22 vote yea aye or no unless the senator states a 23 personal interest in the question or concludes that he 24 or she should not vote under the senate code of ethics. 25 A vote of aye, yea, or yes shall be recorded in 26 the senate journal as yea. A vote of nay or no 27 shall be recorded in the senate journal as no. 28 Rule 24 29 Reconsideration 30 -18- LSB 1935XS (13) 91 tm/jh 18/ 48 |
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| 37 | 37 | | S.R. 6 When a main motion has been decided by the senate, 1 any senator having voted on the prevailing side 2 may move to reconsider the vote on the same or next 3 legislative day. Motions to reconsider the vote on a 4 bill or resolution shall be in writing and filed with 5 the secretary of the senate. 6 Notwithstanding any time limitations applicable 7 to motions to reconsider main motions, a motion to 8 reconsider the vote on an amendment may be made at 9 any time before final disposition of the motion to 10 be amended. Such motion shall be in writing and 11 filed with the secretary of the senate. A motion to 12 reconsider an amendment to a main motion shall be taken 13 up for consideration only prior to the disposition of 14 the main motion or upon reconsideration of the main 15 motion. 16 A constitutional majority by a record roll call is 17 necessary to reconsider a bill or joint resolution. 18 During three legislative days from the date the motion 19 to reconsider a bill or resolution is filed, only the 20 mover may call it up. Thereafter, any senator may call 21 up the motion. If a date for adjournment has been set 22 by resolution of the senate, any senator may call up 23 a motion to reconsider at any time within three days 24 prior to the date set for adjournment. 25 If the motion to reconsider a bill or resolution 26 prevails, motions to reconsider amendments thereto 27 shall be in order and shall be disposed of without 28 delay. 29 A motion that any action taken by the senate be 30 -19- LSB 1935XS (13) 91 tm/jh 19/ 48 |
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| 39 | 39 | | S.R. 6 reconsidered and the motion to reconsider be laid upon 1 the table shall be a single and indivisible motion, 2 known as the double-barreled motion, which, if carried, 3 shall have the effect of preventing reconsideration 4 unless a motion to take from the table prevails. 5 A constitutional majority is necessary for the 6 double-barreled motion to prevail on a bill or joint 7 resolution. The double-barreled motion can only be 8 made from the floor after the vote is announced and the 9 member who moved the final reading shall have priority 10 in making it. 11 A motion to reconsider and lay on the table shall 12 have priority over a motion to reconsider if they are 13 both filed on the same legislative day. 14 In the event that a motion to reconsider is pending 15 at the end of the first session or any extraordinary 16 session of any general assembly, or the general 17 assembly adjourns sine die, and the motion has not been 18 voted upon by the senate, it shall be determined to 19 have failed. 20 Rule 25 21 Suspension of Rules and Taking from Table 22 No standing rule or rules incorporated by reference 23 under Rule 3 or order of the senate shall be rescinded 24 or suspended, nor shall any matter, tabled upon 25 motion, be taken up, except by an affirmative vote of a 26 constitutional majority of the senate. 27 INTRODUCTION AND FORM OF BILLS 28 Rule 26 29 Time and Method of Introducing Bills and Amendments 30 -20- LSB 1935XS (13) 91 tm/jh 20/ 48 |
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| 41 | 41 | | S.R. 6 All bills to be introduced in the senate shall be 1 typed in proper form by the legislative services agency 2 and shall be filed with the recording clerk. 3 All amendments shall be typed in proper form and 4 filed with the recording clerk not later than 4:30 5 p.m., or adjournment, whichever is later, in order to 6 be listed in the following days clip sheet. 7 An impact amendment is an amendment which 8 reasonably could have an annual effect of at least one 9 hundred thousand dollars or a combined total effect 10 within five years after enactment of five hundred 11 thousand dollars or more on the aggregate revenues, 12 expenditures or fiscal liability of the state or its 13 subdivisions. 14 An impact amendment to a bill which has been on 15 the calendar for at least three full legislative days 16 prior to its consideration shall not be taken up by the 17 senate unless: 18 1. a fiscal note is attached, and the amendment is 19 filed at least one legislative day prior to the date 20 set for consideration of the bill; or 21 2. the amendment is an appropriation or other 22 measure where the total effect is stated in dollar 23 amounts. 24 Rule 27 25 Limit on Introduction of Bills 26 No bill or joint resolution, except bills and 27 joint resolutions cosponsored by the majority and 28 minority floor leaders, or companion bills and joint 29 resolutions sponsored by the majority floor leaders of 30 -21- LSB 1935XS (13) 91 tm/jh 21/ 48 |
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| 43 | 43 | | S.R. 6 both houses, shall be introduced in the senate after 1 4:30 p.m. on Friday of the fifth week of the first 2 regular session of a general assembly unless a formal 3 request for drafting the bill has been filed with the 4 legislative services agency before that time. After 5 adjournment of the first regular session, bills may 6 be prefiled at any time before the convening of the 7 second regular session. No bill shall be introduced 8 after 4:30 p.m. on Friday of the second week of the 9 second regular session of a general assembly unless a 10 formal request for drafting the bill has been filed 11 with the legislative services agency before that time. 12 However, standing committees may introduce bills and 13 joint resolutions at any time. A bill which relates 14 to departmental rules sponsored by the administrative 15 rules review committee and approved by a majority 16 of the members of the committee in each house may 17 be introduced at any time and must be referred to a 18 standing committee which must take action on the bill 19 within three weeks. Senate and concurrent resolutions 20 may be introduced at any time. 21 No bill, joint resolution, concurrent resolution 22 or senate resolution shall be introduced at any 23 extraordinary session unless sponsored by a standing 24 committee, the majority and minority floor leaders, or 25 the committee of the whole. 26 Rule 28 27 Introduction, Reading, and Form of Bills and 28 Resolutions 29 Every senate bill and resolution shall be introduced 30 -22- LSB 1935XS (13) 91 tm/jh 22/ 48 |
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| 45 | 45 | | S.R. 6 by one or more senators or by any standing committee 1 of the senate and shall at once be given its first 2 reading. 3 If the senate is in session when a bill or 4 resolution is introduced, the first reading shall 5 consist of reading its file number, the title and 6 sponsor of the bill. If the senate is not in session 7 but a journal is published for the day, the first 8 reading shall consist of a journal entry of the bills 9 file number, title, sponsor and the notation Read 10 first time under Rule 28. 11 Any bill or resolution approved for introduction by 12 a standing committee during an interim period between 13 sessions of one General Assembly shall be introduced 14 without further action by the committee at the next 15 succeeding regular session of the same General Assembly 16 and placed immediately upon the regular calendar. 17 Every bill and resolution referred to committee 18 shall have received two readings before its passage. 19 The subject of every bill shall be expressed in its 20 title. 21 Rule 29 22 Explanations 23 No bill, except appropriation committee bills and 24 simple or concurrent resolutions, shall be introduced 25 unless a concise and accurate explanation is attached. 26 The chief sponsor or a committee to which the bill has 27 been referred may add a revised explanation at any time 28 before the last reading, and it shall be included in 29 the daily clip sheet. 30 -23- LSB 1935XS (13) 91 tm/jh 23/ 48 |
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| 47 | 47 | | S.R. 6 Rule 30 1 Resolutions 2 A senate resolution is a resolution acted upon 3 only by the senate which relates to an accomplishment 4 of national or international status; the dedication 5 of a day by a statewide or national group; the 6 one hundredth, one hundred twenty-fifth, or one 7 hundred fiftieth anniversary of a local government 8 or organization; the recognition of state ties to 9 other governments; the retirement of a senator 10 or long-time senate employee; or to rules and 11 administrative matters, including the appointment 12 of special committees, within the senate. A senate 13 resolution requires the affirmative vote of a majority 14 of the senators present and voting, unless otherwise 15 required in these rules. A senate resolution shall 16 be filed with the secretary of the senate. A senate 17 resolution shall be printed in the bound journal after 18 its adoption and in the daily journal upon written 19 request to the secretary of the senate by the sponsor 20 of the resolution. Other expressions of sentiment 21 or recognition may be made with the issuance of a 22 certificate of recognition. 23 Rule 31 24 Nullification Resolutions 25 A nullification resolution may be introduced 26 by a standing committee, the administrative rules 27 review committee, or any member of the senate. 28 A nullification resolution introduced by the 29 administrative rules review committee or a member 30 -24- LSB 1935XS (13) 91 tm/jh 24/ 48 |
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| 48 | 48 | | |
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| 49 | 49 | | S.R. 6 of the senate shall be referred to the same standing 1 committee it would be referred to if it was a bill. 2 Any nullification resolution may be referred to the 3 administrative rules review committee by a majority 4 vote of the standing committee which introduced it 5 or to which it was referred. The administrative 6 rules review committee may seek an agreement with the 7 affected administrative agency wherein the agency 8 agrees to voluntarily rescind or modify a rule or rules 9 relating to the subject matter of the nullification 10 resolution. An agreement to voluntarily rescind 11 or modify an administrative agency rule shall be in 12 writing and signed by the chief administrative officer 13 of the administrative agency and a majority of the 14 administrative rules review committee members of each 15 house and shall be placed on file in the offices of 16 the chief clerk of the house, the secretary of the 17 senate, and the secretary of state. If an agreement 18 is not reached, or the nullification resolution is 19 not approved by a majority of the administrative rules 20 review committee members of each house, within two 21 weeks of the date the resolution is referred to the 22 administrative rules review committee, the resolution 23 shall be placed on the calendar. If the nullification 24 resolution is approved by the administrative rules 25 review committee it shall be placed on the calendar. 26 A nullification resolution is subject to a motion to 27 withdraw the nullification resolution as provided in 28 rule 42. 29 A nullification resolution is debatable, but cannot 30 -25- LSB 1935XS (13) 91 tm/jh 25/ 48 |
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| 50 | 50 | | |
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| 51 | 51 | | S.R. 6 be amended on the floor of the senate. 1 Rule 32 2 Resolutions, Applicable Rules 3 All rules applicable to bills shall apply to 4 resolutions, except as otherwise provided in the rules. 5 Rule 33 6 Study Bills 7 1. A study bill is any matter which a senator 8 wishes to have considered by a standing committee or 9 appropriations subcommittee for introduction as a 10 committee bill or resolution. The term study bill 11 includes proposed bills provided for in Rule 37 and 12 departmental requests prefiled in the manner specified 13 in section 2.16 of the Code. 14 2. A study bill shall bear the name of the member 15 who wishes to have the bill considered. A study bill 16 proposed by a state agency shall bear the name of the 17 agency. A committee chair may submit a study bill in 18 the name of that committee. 19 3. Upon first receiving a study bill from a 20 senator, a committee chairperson shall submit three 21 copies to the secretary of the senate. Study bills 22 received in the secretary of the senates office before 23 3:00 p.m. shall be filed, numbered, and reported in 24 the journal for that day. Study bills received in the 25 secretary of the senates office after 3:00 p.m. shall 26 be filed, numbered, and reported in the journal for the 27 subsequent day. The secretary shall number such bills 28 in consecutive order. The secretary shall maintain a 29 record of all study bills and their assigned number. 30 -26- LSB 1935XS (13) 91 tm/jh 26/ 48 |
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| 52 | 52 | | |
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| 53 | 53 | | S.R. 6 Committee records shall refer to study bills by the 1 number assigned by the secretary. 2 4. The secretary shall file a report in the journal 3 of each study bill received. The report shall show 4 the study bill number, its title or subject matter, 5 and the committee which is considering it. If a study 6 bill is referred to a subcommittee, then the committee 7 chairperson shall report in the journal the names of 8 the subcommittee members to which it is assigned. 9 5. A study bill not prepared by the legislative 10 services agency may be submitted to a standing 11 committee, but shall not be considered by the full 12 committee unless reviewed and typed in proper form by 13 the legislative services agency. 14 COMMITTEES AND COMMITMENT 15 Rule 34 16 Committee Appointments 17 Committee appointments shall be made by the majority 18 leader for members of the majority, after consultation 19 with notice is made to the president, and by the 20 minority leader for members of the minority, after 21 consultation with notice is made to the president. 22 No senator shall serve on more than six standing 23 committees. The majority leader, after consultation 24 with notice is made to the president, shall designate 25 the chairperson and vice-chairperson of each standing 26 committee. The minority leader, after consultation 27 with notice is made to the president, shall designate 28 the ranking member of each standing committee from the 29 minority membership of that committee. The senate 30 -27- LSB 1935XS (13) 91 tm/jh 27/ 48 |
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| 54 | 54 | | |
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| 55 | 55 | | S.R. 6 majority leader shall determine the total number of 1 members from the majority party and minority party to 2 serve on all standing committees except for the ethics 3 committee. 4 Rule 35 5 Standing Committees 6 The names of the standing committees of the senate 7 shall be: 8 1. Agriculture 9 2. Appropriations 10 3. Commerce 11 4. Education 12 5. Ethics 13 6. Government Oversight 14 7. Human Resources Health and Human Services 15 8. Judiciary 16 Labor and Business Relations 17 9. Local Government 18 10. Natural Resources and Environment 19 11. Rules and Administration 20 12. State Government 21 13. Technology 22 14. Transportation 23 15. Veterans Affairs 24 16. Ways and Means 25 17. Workforce 26 Rule 36 27 Committee on Rules and Administration 28 The committee on rules and administration shall 29 recommend rules and rule changes to the senate, shall 30 -28- LSB 1935XS (13) 91 tm/jh 28/ 48 |
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| 56 | 56 | | |
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| 57 | 57 | | S.R. 6 hire senate employees, shall recommend salary scales 1 for all senate employees, and shall oversee senate 2 budget and administration matters. 3 The committee on rules and administration will 4 select, for senate approval, an individual to serve as 5 secretary of the senate. 6 The committee shall have the following standing 7 subcommittees: 8 1. Joint Rules 9 2. Senate Rules 10 3. Administrative Services 11 4. Caucus Services 12 The majority leader shall serve as chair of the 13 rules and administration committee and as chair of 14 the standing subcommittee on caucus services. The 15 president of the senate shall serve as vice-chair of 16 the rules and administration committee, and as chair of 17 the subcommittee on administrative services. 18 Rule 37 19 Appropriations Committee 20 The appropriations committee shall receive bills 21 committed to it and shall assign each to one of the 22 appropriations subcommittees. 23 The appropriations subcommittees shall be named: 24 1. Administration and Regulation 25 2. Agriculture and Natural Resources 26 3. Economic Development 27 4. Education 28 5. Health and Human Services 29 6. Justice System 30 -29- LSB 1935XS (13) 91 tm/jh 29/ 48 |
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| 58 | 58 | | |
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| 59 | 59 | | S.R. 6 7. Transportation, Infrastructure, and Capitals 1 The appropriations subcommittees shall receive 2 bills assigned to them or may originate proposed bills 3 within the subcommittees jurisdiction as defined by 4 the appropriations committee for consideration by the 5 appropriations committee. Each subcommittee may submit 6 amendments to bills together with the subcommittees 7 recommended action to the appropriations committee. 8 If a bill or proposed bill is submitted to the 9 appropriations committee by an appropriations 10 subcommittee the appropriations committee may: 11 1. report the bill or approve the proposed bill for 12 introduction by the appropriations committee; 13 2. report the bill with any appropriations 14 committee-approved amendments incorporated; 15 3. draft a new bill for sponsorship by the 16 appropriations committee and report it; or 17 4. re-refer rerefer it together with the 18 appropriations committees objections to the 19 appropriations subcommittee from which it was 20 originally referred or which originated the draft bill. 21 The appropriations committee and subcommittees may 22 meet jointly with the appropriations committee of the 23 house of representatives. 24 Rule 38 25 First Reading and Commitment 26 Upon the first reading of an individual bill or 27 resolution, or a house committee bill or resolution, 28 the president shall refer the bill or resolution to 29 an appropriate standing committee. If the bill or 30 -30- LSB 1935XS (13) 91 tm/jh 30/ 48 |
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| 60 | 60 | | |
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| 61 | 61 | | S.R. 6 resolution is a senate committee bill or resolution, 1 the president shall place it on the calendar after 2 its first reading. If the subject of the bill or 3 resolution is not germane to the title of the committee 4 presenting it, the president of the senate may refer it 5 to a committee deemed appropriate. 6 All bills carrying an appropriation for any purpose 7 or involving the expenditure of state funds shall be 8 referred to the committee on appropriations. 9 All bills pertaining to the levy, assessment or 10 collection of taxes or fees shall be referred to the 11 committee on ways and means. 12 Any bill which provides for a new state board, 13 commission, agency, or department or makes separate or 14 autonomous an existing state board, commission, agency, 15 or department, shall be referred to the committee 16 on state government. If the bill or resolution is 17 so referred after being sponsored or reported out 18 by another committee, and if the committee on state 19 government does not report out the bill or resolution 20 within ten legislative days after referral, the bill 21 or resolution shall automatically be restored to the 22 calendar with the same priority it had immediately 23 before referral. 24 This rule shall also apply when such provisions are 25 added to a bill or resolution by amendment adopted by 26 the senate. 27 Rule 39 28 Rules for Standing Committees 29 The following rules shall govern all standing 30 -31- LSB 1935XS (13) 91 tm/jh 31/ 48 |
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| 62 | 62 | | |
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| 63 | 63 | | S.R. 6 committees of the senate. Any committee may adopt 1 additional rules which are consistent with these rules: 2 1. A majority of the members shall constitute a 3 quorum. 4 2. The chair of a committee shall refer each bill 5 and resolution to a subcommittee within seven days 6 after the bill or resolution has been referred to 7 the committee. The chair may appoint subcommittees 8 for study of bills and resolutions without calling a 9 meeting of the committee, but the subcommittee must be 10 announced by placing notice in the journal. No bill or 11 resolution shall be reported out of a committee until 12 the next meeting after the subcommittee is announced, 13 except that the chair of the appropriations committee 14 may make the announcement of the assignment to a 15 subcommittee by placing a notice in the journal. Any 16 bill so assigned by the appropriations committee chair 17 shall be eligible for consideration by the committee 18 upon report of the subcommittee. 19 When a bill or resolution has been assigned to a 20 subcommittee, the chair shall report to the senate 21 the bill or resolution number and the names of the 22 subcommittee members and such reports shall be reported 23 in the journal. Subcommittee assignments shall be 24 reported to the journal daily. Reports filed before 25 3:00 p.m. shall be printed in the journal for that day; 26 reports filed after 3:00 p.m. shall be printed in the 27 journal for the subsequent day. 28 Where standing subcommittees of any committee have 29 been named, the names of the members and the title of 30 -32- LSB 1935XS (13) 91 tm/jh 32/ 48 |
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| 64 | 64 | | |
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| 65 | 65 | | S.R. 6 the subcommittee shall be published once and thereafter 1 publication of assignments may be made by indicating 2 the title of the subcommittee. 3 3. No bill or resolution shall be considered by a 4 committee until it has been referred to a subcommittee, 5 the subcommittee has held a public meeting, and the 6 subcommittee has made its report unless otherwise 7 ordered by a majority of the members. 8 4. The rules adopted by a committee, including 9 subsections 2, 3, 9, 10, 11, and 12 of this rule, may 10 be suspended by an affirmative vote of a majority of 11 the members of the committee. 12 5. The affirmative vote of a majority of the 13 members of a committee is needed to sponsor a committee 14 bill or resolution or to report a bill or resolution 15 out for passage. 16 6. The vote on all bills and resolutions shall be 17 by roll call unless a short-form vote is unanimously 18 agreed to by the committee. A record shall be kept by 19 the secretary. 20 7. No committee is authorized to meet when the 21 senate is in session. This rule does not apply to 22 conference committees or subcommittees. 23 8. A subcommittee shall not report a bill to the 24 committee unless the bill has been typed into proper 25 form by the legislative services agency. 26 9. A bill or resolution shall not be voted upon the 27 same day a public hearing called under subsection 10 is 28 held on that bill or resolution. 29 10. Public hearings may be called at the discretion 30 -33- LSB 1935XS (13) 91 tm/jh 33/ 48 |
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| 66 | 66 | | |
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| 67 | 67 | | S.R. 6 of the chair. The chair shall call a public hearing 1 upon the written request of one-half the membership of 2 the committee. The chair shall set the time and place 3 of the public hearing. 4 11. A subcommittee chair must notify the committee 5 chair not later than one legislative day prior to 6 bringing the bill or resolution before the committee. 7 The committee cannot vote on a bill or resolution for 8 at least one full day following the receipt of the 9 subcommittee report by the chairperson. 10 12. A motion proposing action on a bill or 11 resolution that has been defeated by a committee shall 12 not be voted upon again at the same meeting of the 13 committee. 14 13. Committee meetings and subcommittee meetings 15 shall be open. 16 Rule 40 17 Voting in Committee 18 All committee meetings shall be open at all times. 19 Voting by secret ballot is prohibited. Roll call votes 20 shall be taken in each committee when final action on 21 any bill or resolution is voted, unless a short-form 22 vote is unanimously agreed to by the committee. A roll 23 call vote also shall be taken in each committee at the 24 request of a member upon any amendment or motion. All 25 results shall be entered in the minutes which shall be 26 public records. Records of these votes shall be made 27 available by the chair or the committee secretary at 28 any time. This rule also applies to the appropriations 29 subcommittees. 30 -34- LSB 1935XS (13) 91 tm/jh 34/ 48 |
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| 68 | 68 | | |
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| 69 | 69 | | S.R. 6 The committee shall not authorize the introduction 1 of a committee bill or resolution until the members 2 have received final copies of the bill or resolution 3 with amendments or changes incorporated, and typed 4 into proper form by the legislative services agency. 5 The committee may, by unanimous consent, dispense with 6 this requirement and instruct the legislative services 7 agency to file a report with the committee members 8 detailing the amendments or changes and this report 9 shall become a part of the committee report. 10 Rule 41 11 Announcement of Committee Meetings 12 It shall be in order for the chair of any committee 13 to announce to the senate the time and place of 14 committee meetings. The announcement shall include a 15 proposed agenda for the meeting. 16 Rule 42 17 Withdrawal of Bills and Resolutions from Committee 18 The secretary of the senate shall note on each bill 19 and resolution the date of its reference to committee. 20 No bill or resolution shall be withdrawn from any 21 committee within fifteen legislative days after the 22 bill or resolution has been referred to the committee 23 and thereafter only upon written petition for the 24 withdrawal of such bill or resolution signed by a 25 constitutional majority of the senators, except as 26 provided in Rule 38. Only senators may circulate such 27 a petition. 28 Rule 43 29 Committee Reports 30 -35- LSB 1935XS (13) 91 tm/jh 35/ 48 |
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| 70 | 70 | | |
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| 71 | 71 | | S.R. 6 1. All committees shall file a report of committee 1 meetings. Such reports shall contain the following 2 information: 3 a. The time the meeting convened; 4 b. Those senators who were present and absent at 5 the time the meeting convened, as well as the time any 6 senator, who was not present at the time the meeting 7 convened, arrives for the meeting; 8 c. The vote on any bill or resolution reported out 9 of the committee for floor action; 10 d. The title of the bill; 11 e. The file number of the bill or resolution (if 12 known); 13 f. Whether the committee recommends that the 14 bill or resolution be passed, amended and passed, 15 indefinitely postponed, or considered without committee 16 recommendation; 17 g. An indication of other bills or matters 18 discussed; 19 h. Such other matters as the committee chair shall 20 direct; and 21 i. The time the meeting adjourned. 22 2. No committee report shall be read, but all 23 committee reports shall be printed in the journal. 24 Upon printing, all committee reports shall then stand 25 approved unless the senate directs otherwise. 26 Rule 44 27 Bills or Resolutions Recommended for Indefinite 28 Postponement 29 No senate bill or resolution recommended for 30 -36- LSB 1935XS (13) 91 tm/jh 36/ 48 |
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| 72 | 72 | | |
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| 73 | 73 | | S.R. 6 indefinite postponement shall be considered in the 1 absence of the chief sponsor or, if a house bill or 2 resolution, in the absence of the senator representing 3 the district in which the sponsor resides. When a 4 question is postponed indefinitely, it shall not be 5 again acted upon during that session of the general 6 assembly. 7 GENERAL RULES 8 Rule 45 9 Access to Senate Chamber and Decorum 10 The persons who shall have access to the senate 11 chamber, and the times access shall be available, and 12 the rules governing activities in the chamber and other 13 areas controlled by the senate shall be limited to 14 members of the general assembly and legislative staff. 15 Rule 46 16 Legislative Interns and Aides 17 Legislative interns for senators shall be allowed 18 on the floor of the senate in accordance with Rule 45; 19 provided that each intern first has obtained a name 20 badge from the secretary of the senate. The secretary 21 of the senate shall issue an appropriate badge to all 22 interns for senators. 23 Rule 47 24 Clearing of Lobby and Gallery 25 In case of disturbance or disorderly conduct in the 26 lobby or gallery, the presiding officer may order it 27 cleared. 28 Rule 48 29 Presentation of Petitions 30 -37- LSB 1935XS (13) 91 tm/jh 37/ 48 |
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| 74 | 74 | | |
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| 75 | 75 | | S.R. 6 Each petition shall contain a brief statement of its 1 subject matter and the name of the senator presenting 2 it. Petitions shall be filed with the secretary of the 3 senate and noted in the journal. 4 Rule 49 5 Distribution of Printed Material 6 No general distribution of printed material in 7 the senate shall be allowed unless authorized by the 8 secretary of the senate or by a senator. 9 Rule 50 10 Concerning the Printing of Papers 11 Any paper, other than that contemplated by Section 12 10, Article III of the Constitution of the State of 13 Iowa, presented to the senate may, with the consent of 14 a constitutional majority, be printed in the journal. 15 Rule 51 16 Reprinting of Documents 17 When any bill has been substantially amended by the 18 senate, the secretary of the senate shall order the 19 bill reprinted on paper of a different color. All 20 adopted amendments inserting new material shall be 21 distinguishable. 22 The secretary of the senate may order the printing 23 of a reasonable number of additional copies of bills, 24 resolutions, amendments, or journals. 25 OFFICERS AND EMPLOYEES 26 Rule 52 27 Duties of the President 28 The senate shall elect, from its membership, a 29 president. The president shall call the senate to 30 -38- LSB 1935XS (13) 91 tm/jh 38/ 48 |
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| 76 | 76 | | |
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| 77 | 77 | | S.R. 6 order at the hour to which the senate is adjourned and 1 shall proceed with the regular order of daily business. 2 The president shall preserve order and decorum and 3 decide all questions of order and corrections to the 4 journal. The president shall direct voting as provided 5 in rule 22. When a ruling on whether an amendment 6 is or is not germane is issued, the ruling shall be 7 accompanied by an explanation. The president of the 8 senate shall be the chair of the committee of the whole 9 unless otherwise ordered by the senate, under rule 19. 10 Upon the first reading of an individual bill or 11 resolution, or a house committee bill or resolution, 12 the president shall refer the bill or resolution to 13 the appropriate standing committee. If the bill or 14 resolution is a senate committee bill or resolution, 15 the president shall place it on the calendar after 16 its first reading. If the subject of the bill or 17 resolution is not germane to the title of the committee 18 presenting it, the president of the senate may refer it 19 to the appropriate committee. 20 The president shall sign legislative enactments upon 21 their enrolling. 22 The president of the senate shall serve as a member 23 of the legislative council and the senate rules and 24 administration committee. The president shall serve 25 on the rules and administration committee as chair of 26 the standing subcommittee designated to supervise the 27 secretary of the senate and other employees of the 28 administrative services division of the senate. 29 Rule 53 30 -39- LSB 1935XS (13) 91 tm/jh 39/ 48 |
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| 78 | 78 | | |
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| 79 | 79 | | S.R. 6 The President Pro Tempore 1 The senate shall elect, from its membership, a 2 president pro tempore. When the president is absent, 3 the president pro tempore shall preside, except when 4 the chair is filled by temporary appointment by the 5 president or the majority leader. 6 The president pro tempore, when presiding, shall 7 perform duties as prescribed in rule 52, paragraphs 1 8 and 2. 9 The president pro tempore shall serve as a member of 10 the legislative council and as a member of the senate 11 committee on rules and administration. 12 Rule 54 13 Secretary of the Senate 14 The secretary of the senate shall be a nonpartisan 15 officer of the senate and shall: 16 1. Serve as chief administrative officer of the 17 senate. 18 2. Have charge of the secretarys desk. 19 3. Be responsible for the custody and safekeeping 20 of all bills, resolutions, and amendments filed, except 21 while they are in the custody of a committee. 22 4. Have charge of the daily journal. 23 5. Have control of all rooms assigned for the use 24 of the senate. 25 6. Keep a detailed record of senate action on all 26 bills and resolutions. 27 7. Insert adopted amendments into bills before 28 transmittal to the house of representatives and prior 29 to final enrollment. 30 -40- LSB 1935XS (13) 91 tm/jh 40/ 48 |
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| 80 | 80 | | |
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| 81 | 81 | | S.R. 6 8. With the exception of caucus employees and 1 employees directly serving the majority leader, the 2 president of the senate, and the minority leader, 3 prescribe the duties of and supervise all senate 4 employees. 5 9. Authorize all expenditures of funds within the 6 senate budget. 7 10. The secretary of the senate shall also act as 8 senate parliamentarian and shall: 9 a. Advise the presiding officer of the senate 10 about parliamentary procedures during deliberations of 11 the senate. 12 b. Perform other duties as prescribed by the 13 committee on rules and administration. 14 c. Process the handling of amendments when filed 15 and during the floor consideration of bills. 16 Rule 55 17 Legal Counsel 18 The legal counsel shall be the secretary of the 19 senate or a contractual employee of the senate and 20 shall: 21 1. Serve as attorney and counselor for the senate. 22 2. At the request of the majority or minority 23 leaders, research any legal issue in which the senate 24 has an interest. However, the legal counsel shall not 25 issue nor venture any opinions on unresolved questions 26 of law unless permitted by both the majority and 27 minority leaders. 28 Rule 56 29 Sergeant-at-Arms 30 -41- LSB 1935XS (13) 91 tm/jh 41/ 48 |
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| 82 | 82 | | |
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| 83 | 83 | | S.R. 6 The sergeant-at-arms shall be an employee of the 1 senate and shall: 2 1. Wear the appropriate badge of his or her office. 3 2. Attend the senate during its sessions. 4 3. Aid in the enforcement of order under the 5 direction of the president of the senate and the 6 secretary of the senate. 7 4. Execute the commands of the senate. 8 5. See that no unauthorized person disturbs the 9 contents of the senators desks. 10 6. Supervise the doorkeepers, the assistant 11 sergeant-at-arms, and pages. 12 7. Announce all delegations from the governor or 13 house. 14 8. Supervise the seating of visitors and press 15 representatives. 16 Rule 57 17 Senate Secretaries 18 Every senator shall be permitted to employ for each 19 session of a general assembly a personally selected 20 secretary. 21 Rule 58 22 Use of Electronic Voting System 23 Any officer or employee of the senate, other than 24 a duly elected member of the senate, who operates the 25 electronic voting machine mechanism located at the 26 desk of said member of the senate shall be subject to 27 immediate termination from employment. The provisions 28 of this paragraph shall not apply to the use of the 29 page bell or to testing of the electronic voting 30 -42- LSB 1935XS (13) 91 tm/jh 42/ 48 |
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| 84 | 84 | | |
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| 85 | 85 | | S.R. 6 system. 1 CONFIRMATION OF APPOINTMENTS 2 Rule 59 3 Appointments 4 The secretary of the senate shall: 5 a. send, to each appointee submitted by the 6 governor for senate confirmation, a copy of a 7 senate questionnaire as approved by the rules and 8 administration committee; 9 b. receive completed questionnaires from appointees 10 and forward copies of the completed questionnaires to 11 appropriate committee members; and 12 c. maintain Confirmation Calendar categories on 13 the senate calendar as directed under this rule, rule 14 6, and by the committee on rules and administration. 15 No appointee shall be listed as eligible on the 16 confirmation calendar until the secretary has received 17 the appointees completed senate questionnaire. 18 As soon as possible after the convening of a 19 session, and again within one week following March 20 1, the secretary of the senate shall publish in the 21 senate journal the names of all nominees submitted 22 for confirmation. The secretary of the senate shall 23 maintain a file of all appointments received from the 24 governor for confirmation. The file shall contain 25 a description of the duties and the compensation 26 for each nominee. The file shall show the date an 27 appointment was received from the governor, the date 28 the appointment was published in the journal, whether 29 the nominee has been introduced, whether a committee 30 -43- LSB 1935XS (13) 91 tm/jh 43/ 48 |
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| 86 | 86 | | |
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| 87 | 87 | | S.R. 6 report has been filed, when the senate questionnaire 1 was sent to the appointee, and shall include a copy of 2 the appointees completed senate questionnaire, upon 3 receipt. 4 INVESTIGATING COMMITTEES. All appointments 5 received from the governor shall be referred to the 6 rules and administration committee by the secretary 7 of the senate on the same day they are published in 8 the senate journal. The rules and administration 9 committee shall establish an en bloc confirmation 10 calendar which must be filed with the secretary of 11 the senate. Within three (3) legislative days after 12 receiving an appointment, the committee shall either 13 place a nominee on the en bloc confirmation calendar 14 or assign the nominee to an appropriate standing 15 committee for further investigation, publishing notice 16 of such assignment in the senate journal for the next 17 legislative day. If the rules and administration 18 committee fails to take action on a nominee within 19 the three (3) legislative days, the nominee shall 20 automatically be placed on the en bloc confirmation 21 calendar. 22 Within the three (3) legislative days after an 23 appointment has been referred to the rules and 24 administration committee, any ten senators may require 25 that the nominee be assigned to an appropriate standing 26 committee by filing a written, signed request therefor 27 with the chairperson of the rules and administration 28 committee. The committee chair shall refer the 29 appointment to a subcommittee within three (3) 30 -44- LSB 1935XS (13) 91 tm/jh 44/ 48 |
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| 88 | 88 | | |
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| 89 | 89 | | S.R. 6 legislative days after a standing committee receives 1 an appointment for further investigation, publishing 2 notice of such assignment in the senate journal for the 3 next legislative day. Within ten (10) legislative days 4 after a standing committee receives an appointment for 5 further investigation the subcommittee shall file its 6 report with the standing committee. 7 Within fourteen (14) legislative days after a 8 standing committee receives an appointment for 9 further investigation, the committee shall conduct 10 an investigation of the nominee and file its report 11 thereon with the secretary of the senate, who shall 12 then place the nominee on the en bloc calendar or 13 individual confirmation calendar as directed by 14 the committee. The failure of a committee to file 15 its report within the prescribed time means that 16 the nominee is to be automatically placed, without 17 recommendation, upon the individual confirmation 18 calendar. 19 Any individual nominated to head a department or 20 agency of state government, whose appointment is 21 subject to senate confirmation, must be introduced 22 to the full senate prior to a vote on confirmation 23 of the nominee. Additionally, any five (5) senators 24 may request that any nominee be introduced to the 25 senate by filing a written request with the secretary 26 of the senate within ten (10) legislative days of 27 the nominees name appearing in the journal. Any 28 individual nominated to a position requiring senate 29 confirmation may request to be introduced to the 30 -45- LSB 1935XS (13) 91 tm/jh 45/ 48 |
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| 90 | 90 | | |
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| 91 | 91 | | S.R. 6 full senate by notifying the secretary of the senate 1 at least one (1) legislative day in advance of the 2 nominees appearance. If an individual is nominated 3 both to fill a vacancy for an unexpired term and is 4 also nominated for reappointment to that position 5 during the same session, a single introduction is 6 sufficient for eligibility for confirmation to both 7 terms. 8 HEARINGS. Any member of a committee investigating 9 an appointment may, within five (5) legislative days 10 after the committee receives the appointment, obtain 11 a hearing with the nominee by filing a written request 12 with the secretary of the senate who shall forward it 13 to the chair of the standing committee and the chair 14 of the subcommittee. Notice of the hearing shall be 15 published in the journal at least two (2) legislative 16 days prior to the hearing. At the hearing, which 17 shall be before the subcommittee, the nominee may be 18 questioned as to his or her qualifications to fulfill 19 the office to which nominated and further questioned 20 as to his or her viewpoints on issues facing the office 21 to which nominated. Any senator may at the discretion 22 of the chair of the subcommittee be permitted to submit 23 oral questions. The public may, at the discretion of 24 the investigating committee, be permitted to submit 25 oral or written statements as to the qualifications of 26 the nominee. 27 Also, within five (5) legislative days after the 28 subcommittee receives an appointment for investigation, 29 any senator may submit written questions to be answered 30 -46- LSB 1935XS (13) 91 tm/jh 46/ 48 |
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| 92 | 92 | | |
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| 93 | 93 | | S.R. 6 by the nominee prior to consideration of the nominees 1 confirmation by the senate. 2 INFORMATIONAL MEETINGS. After a nominee has 3 been placed on the calendar and prior to the vote on 4 confirmation, any senator may request an informational 5 meeting on the nomination which shall be held before 6 the subcommittee. 7 VOTING ON CONFIRMATIONS. Appointments received from 8 the governor for senate confirmation during any session 9 of a general assembly shall be acted upon by April 10 15 as provided by section 2.32 of the Code. Upon the 11 motion of the majority leader or his or her designee, 12 the nominees on the en bloc confirmation calendar 13 shall be confirmed en bloc by the affirmative vote of 14 two-thirds of the members elected to the senate. The 15 journal shall reflect a single roll call accompanied by 16 a statement of the names of those individuals subject 17 to the en bloc confirmation vote. 18 Prior to an en bloc vote, any senator may request, 19 either in writing or from the floor, an individual vote 20 on any nominee on the en bloc confirmation calendar. 21 The senate shall vote separately on the nominee. 22 Nominees on the individual confirmation calendar 23 shall be confirmed by a two-thirds vote; however, the 24 senate shall take a separate roll call on each nominee, 25 unless by unanimous consent, it determines to take one 26 vote on all nominees under consideration. In any case, 27 the journal shall reflect a single roll call vote for 28 each nominee. 29 If an individual is nominated both to fill a vacancy 30 -47- LSB 1935XS (13) 91 tm/jh 47/ 48 |
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| 94 | 94 | | |
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| 95 | 95 | | S.R. 6 for an unexpired term and is also nominated for 1 reappointment to that position, and such appointment 2 and reappointment appear on the senate calendar as 3 eligible at the same time, a single vote is sufficient 4 for confirmation to both terms. 5 -48- LSB 1935XS (13) 91 tm/jh 48/ 48 |
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