Nebraska Legislative Manual

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NEBRASKA LEGISLATIVE MANUAL
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A BRIEF SURVEY OF NEBRASKA LEGISLATIVE PRACTICE

I. TIME LEGISLATURE CONVENES

     The legislature convenes at 12 o'clock M. on the first Tuesday in January, of each odd numbered year.

      At the hour appointed the secretary of state calls the house of representatives to order, and the lieutenant-governor the senate.

II. ORGANIZATION OF THE HOUSE
Clerk Pro Tem

      It has of late years become the custom for the secretary of state to select some one to act as clerk pro tem. The roll of members as prepared by the secretary of state from the official returns, is then called over to see who of the regularly elected members of the legislature are present and entitled to participate in the organization. After this roll call the next thing in order is the election of a speaker pro tem.

Speaker Pro Tern

      As soon as the speaker pro tem. is elected, the secretary of state selects a committee of two members to conduct the speaker pro tem. to the chair.

Chief Clerk Pro Tem.

      The next thing in order is the election of a chief clerk pro tem

Committee on Credentials

      A committee of five on credentials is, on motion, appointed by the speaker pro tem.

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      On such committee only those whose right to act is unquestioned by any contest should be selected.

      The representative districts are called over and the credentials should be handed to the clerk as the numbers are called.

Recess

      The house then takes a recess long enough to allow the committee on credentials to make up its report.

      No business can be transacted until the legislature is organized; therefore the committee on credentials should report back to the house as soon as possible the names of all who are entitled to seats, as all contested cases must go before the standing committee of the house after it is permanently organized.

Report of Credentials Committee

      When the house is called to order the committee on credentials makes a report, and when adopted, a committee of three is appointed to wait on the chief justice or one of the associate justices of the supreme court, and request him to administer the oath of office to the members elect.

The Oath of Office

      The following oath must be sworn to and subscribed by each member:

      "We, and each of us, do solemnly swear (or affirm) that we shall support the constitution of the United States and the constitution of the State of Nebraska, and will faithfully discharge the duties of members of the legislature according to the best of our ability, and that at the election at which we were chosen to fill said office, we have not improperly influenced in any way the vote of any elector, and have not accepted, nor will we accept or receive, directly or indirectly, any money or other valuable thing from any corporation, company, or per-

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son or any promise of office for any vote we may give or withhold on any bill, resolution, or appropriation. So help us God."

      The house is now ready for permanent organization.

Permanent Organization

      A motion is made "to proceed to a permanent organization," which being agreed to, nominations are in order for speaker.

      The roll is called by the clerk, and each member announces his choice for speaker. A majority of all the votes cast is necessary for a choice. Upon the election of a speaker, a committee of two is appointed to escort him to the chair.

      Upon taking the chair, the speaker-elect usually delivers a short address.

Other Officers Elected

      The following officers are then elected:

      Chief clerk, first and second assistant clerk, sergeant-at-arms, assistant sergeant-at-arms, and chaplain.

      Other officers and employes, as may be deemed necessary for the proper transaction of business, may then or later be elected or appointed by resolution.

      The speaker has no authority to appoint officers or employes, except a resolution of the house gives him that authority.

Oath of Office for Officers

      All officers elected or appointed must take and subscribe the following oath:

      "We, and each of us, do solemnly swear that we will support the constitution of the United States, and the constitution of the state of Nebraska, and faithfully discharge the duties of our respective offices. So help us God."

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Committee to Notify Senate

      As soon as a permanent organization is effected, a committee of three is then appointed to wait upon the senate and inform it that the house is organized and ready for business.

III. ORGANIZATION OF THE SENATE
With Certain Exceptions Procedure in Organization of Senate is the Same as House

      After the lieutenant-governor has called the members to order, the senate proceeds to organize in much the same manner as the house, with the exception that no temporary presiding officer is elected. The names of the officers are necessarily different, and the committee on credentials is made up of only three members.

Permanent Officers Elected

      A president pro tempore of the senate is chosen who presides over the senate when the lieutenant-governor does not attend or acts as governor. There are also elected a secretary, sergeant-at-arms, doorkeeper, enrolling clerk, engrossing clerk, and chaplain. Other officers and employes may be elected or appointed by resolution of the senate.

IV. PROCEDURE IMMEDIATELY AFTER ORGANIZATION OF BOTH HOUSES
A Joint Committee Waits on the Governor

      As soon as the senate and house are organized, a joint committee of both houses, consisting of two senators and three representatives, is appointed to wait on the governor and inform him that the legislature is organized and in readiness to receive any communication from him.

Joint Convention to Canvass Vote

      The first business of the legislature is to meet in joint convention and canvass the vote for state officers. This is usually done on the second day of the session.

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Governor's Message and Installation of Officers

      On the third day a motion is made in each house for the appointment of a committee to meet with a like committee of the other house to arrange for a joint session to hear the message of the governor. This joint committee agrees upon an hour which is reported to the respective houses. Each house meets separately and a motion is made in the lower house for the appointment of a committee to inform the senate that the house has convened and is awaiting the arrival of the senate for the joint session. The joint convention is called to order by the lieutenant-governor or by the president pro tem. of the senate. After roll call, motions are usually made for the appointment of committees to escort the governor before the joint convention, also the state officers elect to take oath of office and the chief justice to administer the oath. Preceding the installation of the state officers elect, the retiring governor reads his message. The oath is then administered by the chief justice to the governor-elect who then delivers his inaugural message. At the conclusion of this address the chief justice administers the oath of office to the state officers elect, after which the joint convention usually adjourns, the senate going to the senate chamber and the house convening for any special business.

      At the first opportunity after hearing the message read, it is in order to refer by resolution the various recommendations therein contained to appropriate standing committees. In recent years no formal resolution for this purpose has been made.

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V. APPOINTMENT AND REPORTS OF COMMITTEES
Appointment of Standing Committees

     Appointment of standing committees in the senate is made by a committee on standing committees composed of seven members, one from each congressional district and one at large. This committee recommends and the senate as a whole elects. In the house the standing committees are made up by a committee on committees. Later it is moved that the house elect the membership agreed upon for each committee. This method of procedure in the house has been the rule since 1909. Prior to that time the speaker appointed the committees.

Reports of Committees

      A bill reported from a committee should be accompanied by a written report and whether "with amendments," or "without amendments." If reported favorably and report concurred in by the house the bill goes on "general file."

      When a committee, to whom has been referred a bill for their consideration, make amendments to it, they should be careful to make them in such a way as to be readily comprehended by the clerks. But no part of any bill should be mutilated, nor any interlineations made, and no amendments made in pencil should be entertained. They should be written plainly and pinned to the bill. The chief clerk furnishes proper blanks upon which to make the reports to the house.

VI. RULES
      A committee on rules is appointed early in the session, and pending its report it has been customary to adopt the rules of the preceding legislature.

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VII. STATIONERY AND POSTAGE
      It has been the custom to furnish every member with the necessary stationery required in his official capacity, which will be issued by the direction of the chief clerk as needed. Postage has been allowed at most sessions, but only after passage of a resolution prescribing the amount.

VIII. MAIL FOR MEMBERS
      Any member who wishes can receive all his mail at the Capitol building. Each house has a postmaster who receives the mail and attends to its distribution. All mail matter deposited with the postmaster at the Capitol will be taken to the United States postoffice in time to make connections with the regular mail trains leaving Lincoln.

IX. PROCEDURE AS TO LETTERS, PETITIONS AND MEMORIALS
      If a letter, petition, bill, memorial or remonstrance be sent to a member to be by him presented to the house or senate his first duty is to fold it in a neat form and endorse on the back of it, in brief, the subject on which it treats, and immediately below this he signs his name and county. For example, if a member has a petition for the passage of a bill, he endorses it in this way:

      "A petition signed by 100 citizens of Nemaha county praying for the passage of House Roll No. 33. E. E. Good of Nemaha County."

      In presenting it, the member rises in his place, when the order of "petitions and memorials" is reached and says:

      "Mr. Speaker (or Mr. President) I present the petition of the citizens of --------- praying, etc." He then hands it to one of the pages, to be handed to the chief clerk (or secretary of the senate), who also reads the

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indorsement (sic), by way of information to the house or senate, after which the speaker (or president) refers it to the appropriate committee. The same course is pursued in regard to memorials and remonstrances.

X. DEFINITION OF RESOLUTIONS AND PROCEDURE AS TO THEM
      The parliamentary meaning of "resolution" is the expression of the will or sympathy of the house in regard to any subject before it, public or private, as for example, that the use of the hall be granted for a particular purpose, that certain companies be required to furnish statements, that the house extend its sympathy to the Typographical Union, etc. If information is desired from any of the departments, or from the executive, the resolution assumes the form of a request as for example:

      "Resolved, That the auditor be requested to furnish the house with a statement," etc.

      When a member is desirous of bringing before the house any proposition for its determination, he usually has it typewritten in the form of a resolution, and as soon as the speaker announces the order of "Resolutions" he rises in his place and says:

      "Mr. Speaker (or President), I offer the following resolution and move its adoption." He then delivers it to one of the pages, to be handed to the chief clerk (or secretary of the senate). The speaker (or president) then directs the clerk to read the resolution, which is then put to the house for its adoption or rejection, or may lie over under the rules.

      Joint resolutions, being in the nature of bills, cannot be submitted to the house under the order of "Resolutions." The proper time to offer them is under the order of "Introduction of bills."

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      Concurrent resolutions are those on which action of both senate and house is required, and are treated in each house the same as resolutions.

XI. INTRODUCTION OF BILLS
Time Limit

      After the expiration of twenty days of the session, no bills or joint resolutions of the nature of bills can be introduced unless the governor by special message calls the attention of the legislature to the necessity of passing a law on the subject-matter embraced in the message, and the introduction of bills must be restricted thereto. However, general appropriation bills may be introduced up to and including the fortieth day.

Where Originate

      Any bill may. originate in either house of the legislature except bills appropriating money, which can originate only in the house of representatives, but all bills passed by one house may be amended by the other.

Majority Necessary

      No bill can be passed by the legislature unless by assent on roll call of a majority of all the members elected to each house.

How Often Read; Printing

      Every bill and concurrent resolution shall be read by title when introduced and a printed copy thereof provided for the use of each member, and the bill and all amendments thereto shall be printed and read at large before the vote is taken upon its final passage.

The Enacting Clause

      As provided for in the constitution the enacting clause must read thus: "Be it enacted by the people of the State of Nebraska."

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Only One Subject Which Must Be Expressed in Title

      A bill must not contain more than one subject, and the title must contain a brief description of such subject. These constitutional provisions cannot be too much emphasized. Failure to bear them in mind has resulted in many bills being declared void. If the provisions of the act are not covered by the phraseology of the title, the courts will hold the act invalid. A general title is sufficient and better than one which tries to give the details of the bill. Make the title general and brief.

Amendments of Existing Law

      No law can be amended unless the new act contains the section or sections so amended and the section or sections so amended must be repealed by the provisions of the new act.

How Actually Introduced

      When the order of introduction of bills is reached, the member rises in his place and says: "Mr. Speaker, I present a bill." He then hands it over to one of the pages to be handed to the chief clerk, when it is read by title and ordered to a second reading. On the next or a subsequent day, when the order of "bills on the second reading" is reached, the bill may be read again by title, ordered to be printed, and referred to a committee.

XII. PROCEDURE AND FORMS IN COMMITTEE OF THE WHOLE
      The committee of the whole is an expedient to simplify the business of legislative bodies. No record is made of its proceedings, except a roll call may be demanded by any ten members of the house (in the senate five) and the roll call, together with complete proceedings relative to the question on which the roll call was taken, must

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be placed in the Journal and be made a part of the record of the house. This committee has no officer except of its own creation for temporary purposes. It is liable to instant dissolution in case of disorder when the speaker takes the chair to suppress it; in case of lack of quorum when the speaker takes the chair for a call of the house or an adjournment, and in case of a message from the senate or governor when the speaker takes the chair to receive it.

      Either house may resolve itself into a committee of the whole on some particular bill, resolution, or subject; or it may go into committee of the whole upon the general file of bills. In the first case the motion is:

      "That the house do now resolve into a committee of the whole upon bill No -------------, a bill -------------" or "joint resolution No. --------------," or "upon all bills relating to --------------as the case may be."

      In the second case it is:

      "That the house do resolve itself into a committee of the whole upon the general file of bills."

      Bills, resolutions, and general matters which have been once considered in committee of the whole, in which progress has been made and leave ranted for further consideration, have the preference. The motion of the committee of the whole for their further consideration must be made under the head of "bills in which the committee of the whole made progress and obtained leave to sit again;" and in which case the member who presided when the same matter was previously considered in committee of the whole, resumes the chair, unless the speaker names a different member.

      The motion of the committee of the whole upon the general file must be made under the order of "bills not yet considered in committee of the whole."

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      When the house resolves itself into a committee of the whole the speaker selects a chairman, as follows:

      "The gentleman from ------------, Mr. -------------, will take the chair." The appointed chairman advances to the speaker's desk, and, having taken the chair, receives from the clerk the papers indicated by the motion for the committee, when the chairman announces:

      "Gentlemen: The committee have under consideration bill No --------------entitled (reading the title from the back of the bill)," or in case of consideration of the general file, "the committee have under consideration the general file of hills; the first in order is bill No ---------------------, entitled ------------------

      "The clerk will read the first section."

      The section read, the chairman asks:

      "Are there any amendments proposed to the first section? If none, and no objection heard the section will be considered approved." This process is continued through the whole bill, when at the close of the reading the chairman says:

      "The ------------------th section and the whole bill have now been read and are open to amendments."

      At this point, after the friends of the bill have perfected it, it is customary for the opponents of the bill to open their attack. After the discussion of the bill to such an extent as may be desired, if no amendments are made, the final vote is generally upon a motion: "That the bill be reported back to the house without amendment."

      If any other bills are before the committee, they are proceeded with in the same manner.

      If it is desired to have a further consideration of any matter before the committee, or if the general file has not been gone through, the motion is,

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      "That the committee rise, report progress, and ask leave to sit again."

      If the committee has completed its duties, the motion is,

      "That the committee rise and report."

      Which, being analogous to a motion to adjourn, is not debatable. The chairman states the matter as follows:

      "It is moved that the committee do now rise and report" (or otherwise as the case may be).

      "Is the committee ready for the question?"

      "Gentlemen: Those who are of the opinion that this committee do now arise and report ( or as the case may be), say aye; those of the contrary opinion, say no."

      In case of doubt, a division is usually had by standing. k roll call may now, however, be called in committee of the whole, on demand of ten members.

      When the committee rises, the speaker resumes his seat, and the chairman, through the chief clerk, reports as follows:

      "Mr. Speaker."

      "The committee of the whole have had under consideration bill No ---------------entitled -----------, and have instructed me to report the same to the house with amendments" (or as the case may be).

      When the general file has been under consideration, the report is as follows:

      "The committee of the whole have had under consideration the general file of bills, have gone through the same and have directed me to report to the house the bills contained therein, with sundry amendments and recommendations, as follows, to-wit:" (Here follow the titles of bills considered, with action taken upon them.)

      In case the file has been left untouched the report is

      "The committee of the whole have had under consideration the general file of bills, and have made pro-

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gress therein. I am directed to report back the following bills with the amendments and recommendations hereinafter specified, and ask leave for the committee to sit again." (Here follows the report of amendments, etc., as above.)

      On the latter report the question is---

      "Shall leave be granted?"

      When, upon a count, it is ascertained that a quorum is not present, the report is---

      "The committee of the whole have had under consideration--------and after progress therein, find there is no quorum present; that fact I herewith report to you."

      In case of confusion or disorder, the speaker of his own accord resumes the chair temporarily and without any formality, for the purpose of suppressing it. When order is restored, the chairman resumes the chair and the business proceeds.

      Upon the coming in of a report, the recommendations are at once acted on by the house.

      When, in committee of the whole, any member desires to offer an amendment, it must be reduced to writing and sent to the clerk, who reads it, and the chairman asks

      "Is the committee ready for the question upon the amendment?"

      And if no further amendment or debate, he puts the question in the usual manner.

      After a section is once passed, with an unsuccessful effort to amend it, no further amendments are in order. The strictness of this rule, is, however, not always adhered to-an amendment once made, may, however, be reconsidered. Such a motion is---

      "That the amendment offered by the gentleman from to the ----th section be reconsidered;"

      And it is stated as follows:

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      "The gentleman from ---------- moves that the amendment offered by the gentleman from ----------to the ----------th section be reconsidered."

      "Is the committee ready for the question?"

      "Those who are of the opinion that said amendment be reconsidered, say aye; those of a contrary opinion say no."

      In case the amendment is reconsidered, the chairman says:

      "The motion is carried. The amendment is reconsidered. The question now recurs upon the! adoption of the amendment. Is the committee ready for the question?" etc.

XIII. FINAL PASSAGE
      When the order of business entitled, "Bills on third reading," is reached, at the conclusion of the reading of each bill, the speaker says: "This bill has been read as required by the! constitution and printed with all the amendments thereto. The clerk will call the roll on the final passage of the bill."

      Upon the passage of a bill the presiding officer reads its title and says: "A constitutional majority having voted for the bill the bill is passed. Is the title agreed to?" The title is generally agreed to, though it may be changed if the house so order.

XIV. FORMS WHEN BILLS BECOME LAWS WITHOUT EXECUTIVE APPROVAL
      When a bill has not been returned by the executive within five days (Sundays excepted) after it has been presented to him for approval, the following certificate is attached, signed, and sent with the bill to the secretary of state:

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      "We hereby certify that the bill (here insert title) was presented to the governor on the ------day of-------- A. D. ------- and the same not having been returned by him within five days (Sundays excepted) after such presentation, it has become a law agreeably to the constitution of this state.

----------------------------
Lieutenant-Governor.
      Attest:

----------------------------
      Secretary of the Senate.

----------------------------
Speaker of the House.
----------------------------
      Chief Clerk of the House."

      Or in case the legislature, by their adjournment prevent the return of the bill, the following certificate should be made:

      "We hereby certify that the bill (here insert title) was presented to the governor on the -----day of A. D. ------- that the legislature have this ------day of ------adjourned, and that said bill has become a law agreeably to the constitution of this state unless the governor shall, within five days after such adjournment, file his objections thereto in the office of the secretary of state.

----------------------------
Lieutenant-Governor
      Attest:

----------------------------
      Secretary of the Senate.

----------------------------
Speaker of the House.
----------------------------
      Chief Clerk of the House."

      When a bill has been passed over the veto of the governor by a three-fifths vote of all the members elected to each house, the certificates attached are as follows:

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      "We hereby certify that the bill entitled (here insert title) which has been disapproved by the governor, and returned with his objections to the senate (or house of representatives), in which it originated, was passed by three-fifths of the members elected to the senate on the ------- day of ------------ A. D. ---------, and the foregoing is the act so passed by the senate.

----------------------------
Lieutenant-Governor.
----------------------------
Secretary of the Senate."

Lincoln, (date).

"We hereby certify that the bill entitled (here insert title) which has been disapproved by the governor, and returned with his objections to the house of representatives (or senate) in which it originated, was passed by three-fifths of all members elected to the house of representatives on the ----------day of ---------------- A. D. ----------- and the foregoing is the act so passed by the House of representatives.

----------------------------
Speaker of the House.

----------------------------
Chief Clerk of the House."


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