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(As published in the Senate Journal, 1931)
THE PRESIDENT
1. The president having taken the chair at the hour to which the senate shall have adjourned and a quorum being present, he shall proceed to business in the manner and order prescribed by these rules. A quorum shall consist of a majority of the members of the senate.
2. The president shall rise to put a question, but may read it sitting. He shall vote only when the senate is equally divided.
3. The president may speak to a point of order in preference to members, rising from his seat for that purpose, and shall decide the questions of order, subject to an appeal to the senate by any two members, on which appeal no member may speak more than once, unless by leave of the senate.
4. Every act, memorial, joint resolution, or concurrent resolution passed by the legislature shall be signed by the president, or the president pro-tempore, in the presence of the senate while in session and capable of transacting business, and all writs, warrants and subpoenas issued by order of the senate shall be under his hand and seal, attested by the secretary.
5. The president of the senate, or the temporary president, shall have the right to name a member to perform the duties of the chair, but such substitution shall not extend beyond an adjournment.
6. No member shall absent himself from the service of the senate without leave of the senate being first
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obtained. In case a less number than a quorum of the senate shall convene, the senate is hereby authorized to send the sergeant-at-arms, or any other person or persons authorized by the senate, for 'any or all absent members as a majority of such members may agree, at the expense of such absent members, respectively, unless F such excuse for non-attendance is made as the senate, when a quorum is convened, may judge sufficient; and in that case the expense shall be paid out of the contingent fund. JOURNAL
7. A daily Journal of the proceedings of the senate, as prepared by the secretary, shall be printed and placed each day upon the desks of the members; and the presiding officer shall call in the regular order for corrections thereof. After corrections, if any, are made, the Journal shall stand approved without motion. The bound Journal of the session shall be printed from the corrected daily Journal.
8. The senate shall elect a president pro tempore who shall preside over the senate when the lieutenant-governor does not attend or acts as governor. There shall also be elected by the senate, a secretary, sergeant-at-arms, assistant sergeant-at-arms, postmaster and chaplain. The duties of the. officers shall be those usual to such offices. Other officers and employes may be such as the senate may determine upon and may be elected or appointed as the senate may direct. The other officers and employes shall perform the usual duties connected with their offices and as directed by the committee on employes.
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9. The following shall be the order of business:
1. Roll call.
2. Prayer by chaplain.
3. Call for correction of Journal.
4. Petitions and memorials.
5. Reports of standing committees.
6. Reports from select committees.
7. Resolutions.
8. Notices and introduction of bills.
9. Bills on first reading by title.
10. Bills on second reading by title.
11. Bills on third reading.
12. Special order.
13. Unfinished business.
14. Special order of the day.
10. The unfinished business in
which the senate was engaged at the last preceding adjournment
shall have the preference in the special order of the day. The
hours of meeting of the senate shall be at 10 o'clock a. m. and at
2 o'clock p. m., of each day unless otherwise specially ordered by
a vote of the senate.
11. At the beginning of the session, or as soon as may be practicable, the senate shall elect a committee on committees of seven members, consisting of one member from each congressional district and one member at large who shall be the chairman of the committee. This committee on committees as soon thereafter as practicable shall recommend to the senate for its approval and adoption the following standing committees, each with the number of members as hereinafter set forth and
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shall also recommend one member of each committee for its
chairman. A majority of all the members of the committee shall be
required to elect.
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12. Name |
Number |
Accounts and expenditures |
3 |
Agriculture, livestock and grazing |
11 |
Banks and banking |
9 |
Child welfare |
7 |
Claims and deficiencies |
7 |
Constitutional amendments, federal relations and apportionment |
11 |
Education, university, normal schools and library |
11 |
Employes |
1 |
Engrossed and enrolled bills |
3 |
Fees and salaries |
7 |
Finance, ways and means |
11 |
Fish and game |
9 |
Highways, bridges and ferries |
11 |
Insurance |
11 |
Irrigation, water power and drainage. |
7 |
Judiciary |
11 |
Labor |
7 |
Manufacturers, retailers and commerce |
7 |
Medical societies |
7 |
Miscellaneous corporations |
7 |
Miscellaneous subjects |
9 |
Municipal affairs |
9 |
Privileges and elections |
7 |
Public institutions |
7 |
Railroads |
9 |
Revenue and taxation. |
11 |
Rules |
3 |
School lands and funds |
7 |
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13. A sifting committee of seven members may be elected by the senate, who shall have charge of all bills on general file, and report such bills as are deemed most important for consideration, and the bills so reported and recommended shall take precedence in preference to other bills before the senate, except appropriation and claim bills, which shall be subject to special order at any time.
14. Each standing committee
through its chairman, shall give notice to the senate a reasonable
time in advance, of the time and place of meeting and of the bills
to be considered by it, so that all persons interested may appear
and request a hearing subject to such limitations as the committee
may impose.
15. All members of the senate
shall be reported present by the secretary when absent on
committee work except when the ayes and nays are called. At such
time absentees shall be notified to appear.
16. If a section is to be amended, the formula should be, after the enactment clause:
That section --------, of chapter --------------, of the code of civil procedure of the state of Nebraska (or the statute, as the case may be), be amended to read as follows: (Then follow the sections desired as amended, full and complete in themselves, and the last section of the new act should repeal the section which has been amended.)
Amendatory bills shall be so prepared and printed as to include the entire section sought to be amended and the added new matter shall be italicized or under
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scored and the old matter sought to be omitted shall be printed
or written in cancelled type.
17. Every bill shall receive
three readings previous to its being passed, the first two by
title only, and the president shall give notice at each reading
whether it be the first, second or third reading, which readings
shall be on different days. All resolutions to which the approval
of the governor may be requisite, or which may grant money out of
the contingent or any other fund, shall be treated in all
respects, in the introduction and form of proceedings on them in
the senate in a similar manner with bills; all other resolutions
shall lie on the table one day for consideration.
18. No hill shall be committed or
amended until it shall have been twice read by title. It shall
then be printed, and referred to the appropriate standing
committee or to a special committee. All amendments recommended by
the committee to which it was referred shall be printed. After
which it may be amended in committee of the whole or otherwise,
and all amendments thereto shall be printed before the vote is
taken on its final passage.
19. No amendment by the house to any bill shall be concurred in by the senate, nor shall the report of any conference committee be adopted by the senate except by the assent of the same number of members as is required for the passage of the original bill, taken by ayes and nays entered upon the journal.
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20. Schedules of committee meetings shall be printed and so arranged as to secure full committee meetings without conflict.
21. Record shall be kept of vote
in committee meetings.
22. Every bill and resolution referred to any special or standing committee shall be reported to the senate by such committee, within four days after such reference unless further time is especially granted by the senate and if the committee desire to report favorably upon any bill or resolution, with amendments or otherwise, their recommendation shall be that it be placed upon the general file; and the bill shall be so placed, unless otherwise ordered by the senate. If the report recommends indefinite postponement, and the senate by majority vote adopts the report, the bill shall then stand indefinitely postponed, subject to reconsideration in the manner provided by the standing rule of the senate.
23. No bill shall be ordered to a third reading until a day subsequent to that of its second reading, nor until senate files and senate amendments to house rolls shall have been engrossed and until such bills, after engrossment, shall have been reported to the senate by the committee on engrossed and enrolled bills.
24. Final action in reporting
bills shall be taken only in the regular daylight hours of
committee meetings
25. Every petition, or memorial, or other paper, shall be referred without putting a question for that purpose, unless the reference be objected to by a member at the time such petition, memorial or other paper is presented.
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Before any petition, or memorial address to the senate is
received and read at the table, whether the same be introduced by
the president or a member, a brief statement of the contents of
the petition or memorial may verbally be made by the
introducer.
26. When motions are made for
reference of the same subject to a select committee and to a
standing committee, the question on reference to the standing
committee shall be first put.
27. When the senate considers a bill or resolution, as a committee of the whole, the president or temporary president shall call a member to fill the chair during the time the senate remains in committee of the whole; and the chairman so called shall, during such time, have the power of a temporary president.
Every bill or joint or concurrent resolution, after it has been referred to the appropriate standing or special committee, and has been reported back to the senate and printed, shall be placed on general file or calendar in the order in which it has been reported back to the senate, and be considered by the senate in the committee of the whole before it is taken up and proceeded on by the senate unless otherwise ordered, and no bill shall be considered in committee of the whole on the same day it is placed on general file, unless the senate by majority vote shall direct otherwise. When the introducer of a bill requests the committee to pass over a bill in the committee of the whole that bill shall be placed at the foot of the general file. If a bill is passed over at the request of one not the introducer of the bill said bill will retain its position on general file.
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When a bill or resolution is considered in the committee of the whole, it shall be read section by section, unless the committee of the whole orders otherwise, and the amendments, if any, recommended by the standing committee shall first be considered for adoption or rejection, after which other amendments may be offered; and the chairman of the committee of the whole shall report the action of the said committee upon the bill before it, back to the senate. If the report of the said committee recommends that the bill be indefinitely postponed, and the senate by a majority vote adopts the report, the bill shall then stand indefinitely postponed.
The rules of the senate shall be observed in the committee of the whole so far as they may be applicable, except limiting the time of speaking and providing that the yeas and nays shall be taken upon the request of five members of the senate.
When so taken the result shall be recorded in and made a part of the report of the proceedings of the committee.
A motion that the committee rise shall always be in order and shall be decided without debate.
28. Whenever the committee of the whole recommends a senate file be advanced, either with or without amendments, and the senate by a majority vote, adopts the report, then the bill shall be delivered to the committee on engrossed and enrolled bills, which committee shall have the bill engrossed. This committee shall then study the bill as to arrangement and phraseology and report back to the .senate the fact that the bill has been engrossed, together with such recommendations as they may wish to make regarding arrangement and phraseology. If no amendments as to arrangement and phraseology are recommended, the committee on engrossed and enrolled bills shall report to the senate the fact that the
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bill has been engrossed and their recommendations shall be that the bill be advanced to third reading. If amendments as to arrangement and phraseology are recommended, a report of that fact, together with engrossment, shall be made by the committee on engrossed and enrolled bills and the report of the committee shall be that the bill go on special file.
When the report of the committee recommends a house roll be advanced and the senate by a majority vote, adopts the report, the procedure shall be as follows: If there be a senate amendment, such amendment and house roll shall follow the course above prescribed for a senate file. If there be no senate amendments to a house roll and the same is advanced, said bill shall be advanced to third reading without being referred to the committee on engrossed and enrolled bills. Is.
Bills placed on special file
shall be considered in their order by the committee of the whole,
but a motion to indefinitely postpone or to amend a bill other
than as to arrangement and phraseology shall not be in order while
a bill is on special file. Bills on special file shall have
preference in committee of the whole over those on general file.
If a bill is on special file, the report of the committee of the
whole shall be that the bill be advanced and if said report be
adopted by the senate, the bill shall again go to the committee of
engrossed and enrolled bills to be re-engrossed and upon report to
the senate by such committee that the same has been correctly
re-engrossed the same shall without further order stand advanced
to the order of third reading.
29. No amendment shall be offered or considered at a third reading of any bill, resolution or motion unless by unanimous consent of the members present; but it shall,
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at all times, be in order before the final passage of any bill,
resolution or motion, to move its commitment to the committee of
the whole for specific amendment or to a standing committee, and
such motion to commit shall be subject to discussion; and should
such commitment to the standing committee take place, and any
amendment be reported by the standing committee, the said bill,
resolution or motion shall be again considered in committee of the
whole. No bill shall be put on final passage until after it has
been on file for third reading one legislative day, unless by
two-thirds consent of the members present.
30. When an emergency is expressed in the preamble or body of an act, as a reason why such act should take effect from and after its passage, or some day less than three calendar months after the adjournment of the session, the question shall be, "Shall the bill pass?" and if decided affirmatively by a vote of two-thirds of all the members elected to the senate, then the bill shall be deemed passed; but if upon such vote a majority of less than two-thirds of said members vote affirmatively on said question, then the vote on said bill shall be deemed reconsidered, and the chair shall state that the bill having failed to receive the two-thirds majority required by the constitution, has failed to pass with the emergency clause and the question shall be, "Shall the bill pass with the emergency clause stricken out?" whereupon the secretary shall again call the roll.
31. Engrossed and enrolled bills
shall be typewritten.
32. The rules of parlimentary (sic) practice comprised in Gregg's Parlimentary (sic) Law shall govern the senate in all
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cases in which they are applicable; and in which they are not
inconsistent with the standing rules and orders of the senate, and
joint rules of the senate and house of representatives.
33. No member shall speak to another, or otherwise interrupt the business of the senate, or read any newspapers, while the journals or other public papers are being read, or when any member is speaking in any debate. No member shall use profane language or abusive language when speaking to or about another member of the senate.
34. Every member when he speaks
shall address the president or presiding officer and shall speak
while standing at his desk or from a position in front of the
president's desk.
35. No member shall speak more than twice in any one debate on the same day without leave of the senate.
When two members rise at the same
time, the president shall name the person to speak, but in all
cases the member who shall first rise and address the president
shall be entitled to the floor.
36. If any member in speaking or otherwise transgress the rules of the senate, the president shall, or any member may, call him to order, in which case he shall immediately sit down, unless permitted on motion of another member, to explain; and the senate shall, if appealed to, decide on the case, without debate; if the decision is in favor of the member called to order, he shall be at liberty to proceed but not otherwise; and if the case requires it, he shall be liable to censure or such
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punishment as the senate may deem proper.
37. If a member be called to
order for words spoken, the exceptional words shall be immediately
taken down in writing that the president may be better enabled to
judge the matter.
38. No motion shall be debated until the same is seconded, and the question stated by the chair.
30. When a motion is made and seconded, it shall be reduced in writing if desired by the president or any member, and be delivered at the table and read before the same is debated.
40. Any motion may be withdrawn
or modified by the mover at any time before decision, amendment,
or ordering of the yeas and nays, except a motion to reconsider,
which cannot be withdrawn without leave of the senate. A motion to
adjourn is always in order. A motion to adjourn or any motion to
lay on the table shall be decided without debate.
41. If a question in debate contains several points, any member may have the same divided; but on a motion to strike out and insert, it shall not be in order to move for a division of the question; but the rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor prevent a subsequent motion to simply strike out, nor shall the rejection of a motion simply to strike out prevent a subsequent motion to strike out and insert.
42. When action has been taken and the vote announced by the presiding officer, either in the affirmative or negative, it shall be in order for any member who
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voted with the majority to move for the reconsideration thereof. The motion shall be offered on the same day the action was taken or within three days of actual session of the senate thereafter. The motion must be acted upon immediately after it is made. A motion to reconsider, made within the three day limit, must have the support of at least a majority of the members elected to the senate, to prevail.
If a bill, resolution, message, report, amendment or motion upon which action was taken is still in the possession of the senate, a motion to reconsider must have the support of seventeen or more members elected to the senate to prevail. If the bill, resolution, message, report, amendment or motion upon which action was taken is not in the possession of the senate, then a motion to reconsider must be supported by two-thirds or more members elected to the senate, to prevail.
When a senate bill or a house
bill shall have been acted upon at "third reading of bills," and
the result announced by the presiding officer, said senate bill or
house bill shall be deemed to have passed from the possession of
the senate so far as this rule is concerned.
43. When the ayes and nays are called for by two of the members present, each member called upon shall declare openly and without debate his assent or dissent to the question, unless for special reason he is excused by the senate. In taking the ayes and nays, and upon the call of the senate, the names of the members shall be taken alphabetically.
44. When the ayes and nays are taken on any question, in pursuance of the above rule, no member shall be permitted to vote after the decision is announced from the chair.
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45. A call of the senate must be
seconded by at least seven members. After a call of the senate has
been ordered, members may be called upon to vote as they come into
the chamber. The proceedings under the call may be suspended at
any time thereafter by a majority vote of the members present.
46. Whenever a senator desires to
be absent he may make a pair with any senator who may agree to the
same; the president of the senate to be notified of such pair.
47. Messages shall be sent to the house by the! secretary, who shall previously certify the determination of the senate upon all bills, joint resolutions or other resolutions which may be communicated to the house in which its concurrence may be requested.
48. Messages may be introduced in
any state of business, except when a question is being put, while
the yeas and nays are being called, or while the ballots are being
counted.
49. When nominations are made in
writing by the governor to the senate a future day shall be
assigned, unless the senate unanimously direct otherwise, for
taking them into consideration.
50. On a motion made and adopted to close the doors of the senate on the discussion of any business which may, in the opinion of a member, require secrecy, the
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president shall direct the senate to be cleared of all persons, and during the discussion of such motion the door shall remain closed.
51. No motion shall be deemed in
order to admit any person or persons whomsoever within the doors
of the senate chamber to present any petition, memorial, or
address, or to hear any such read.
52. All confidential
communications made by the governor to the senate shall be by the
members thereof kept secret. All information or remarks touching
or concerning the character or qualifications of any person
nominated by the governer (sic) to office shall be kept secret.
When acting on confidential or executive business the senate shall
be cleared of all persons except the secretary and assistant
secretary of the senate, sergeant-at-arms and doorkeeper. The
legislative proceedings, the executive proceedings, and the
confidential legislative proceedings of the senate shall be kept
in separate and distinct books.
53. Any officer or member of the
senate convicted of disclosing any matter directed by the senate
to be held in confidence shall be liable, if an officer, to
dismissal from the service of the senate, and in case of a member,
to suffer expulsion from that body.
54. No paper or document, except bills and the senate Journal, shall be printed for the use of the senate without special order.
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55. The proceedings of the senate, when not acting in committee of the whole, shall be entered on the journal as concisely as possible, care being taken to detail a true and accurate account of the proceedings; but every vote of the senate shall be entered on the Journal and a brief statement of the contents of each petition, memorial, or paper presented to the senate shall also be inserted in the Journal.
56. The titles of bills and such
parts thereof only as shall be affected by proposed amendments
shall be inserted in the Journal.
57. The senate shall have the
regulation of such parts of the capitol and its passages as are or
may be set apart for the use of the senate and its officers.
58. No person shall be admitted
to the floor of the senate nor its offices except as follows: The
members of the senate and its officers and employes, members of
the house of representatives and its officers, state officers and
their deputies and clerks, judges of the supreme court and the
commissioners and district judges, senators and representatives in
congress, and such other persons as the senate may deem proper to
admit.
59. Reporters of regularly accredited newspapers and members of the families of senators may be allowed on the floor of the senate during the final reading of bills, and the recording of the ayes and nays. Such reporters shall inform the president for what paper they report.
60. All motions to concur in house amendments to
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senate bills and motions to adopt conference reports shall not
be considered by the senate, except by a suspension of the! rules,
until notice of the amendments and conference reports has been
given and posted for at least one legislative day prior to the
time of consideration thereof.
61. These rules may be amended or suspended by a two-thirds majority of the members elected to the senate voting therefor.
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