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REPRESENTATIVES OF NEBRASKA
1931
THE SPEAKER
1. The speaker shall take the chair each day precisely at the hour to which the house shall have adjourned. He shall call the house to order, and, except in the absence of a quorum, shall proceed to business in the manner and order prescribed by these rules.
2. The speaker shall preserve order and decorum, shall not permit smoking while the house is in session, shall have general charge of such part of the capitol and its passages as are or may be set apart for the use of the house and its officers.
3. The speaker shall have a right to name any member to perform the duties of the chair, but such substitute shall not extend beyond the adjournment, and in case of the absence of the speaker, the chairman of the judiciary committee shall act as speaker.
4. The speaker shall rise to put a question, but may read it sitting.
5. In all cases he may vote.
6. The speaker may speak to the point of order in preference to other members, rising from his seat for that purpose, and shall decide questions of order, subject to an appeal to the house by any two members, on which appeal no member shall speak more than once, unless by leave of the house.
7. All committees, except standing committees, shall
be appointed by the speaker unless otherwise especially directed by the house.
8. All acts, memorials, and joint resolutions passed by the legislature shall be signed by the speaker in the
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presence of the house, while in session and capable of
transacting business and all writs, warrants, and subpoenas issued
by the order of the house shall be under his hand and seal,
attested by the clerk.
9. The officers and employes of the house shall be as follows:
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Chief clerk |
1 |
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First assistant |
1 |
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Second assistant |
1 |
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Chaplain |
1 |
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Sergeant-at-arms |
1 |
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Assistant sergeant-at-arms |
1 |
|
Clerks-Claims and deficiencies |
1 |
|
Enrolling and engrossing room |
1 |
|
Bill room |
4 |
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Judiciary committee |
1 |
|
Finance committee |
1 |
|
Mimeographer |
1 |
|
Subject to call |
2 |
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Stenographers-For chief clerk's office |
2 |
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For enrolling and engrossing room |
2 |
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Subject to call |
4 |
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Timekeeper and bookkeeper |
1 |
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Custodians |
2 |
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Messenger |
1 |
|
Pages |
2 |
|
Proof-readers |
2 |
Total |
33 |
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10. The following shall be chosen by ballot of the members:
Chief clerk.
First assistant clerk.
Second assistant clerk.
Chaplain.
Sergeant-at-arms.
Assistant sergeant-at-arms.
11. The other employes of the house shall be selected by a committee of three members, one of whom shall be from the eastern part of the state, one from the central part and the third from the western part.
12. This committee on employes shall have authority to select and employ such other persons as may be determined upon by the house, and shall have complete supervision of all such employes and shall have power to discharge the same. No additional help shall be employed by such committee, except by a majority vote of the house. The committee on employes shall make a detailed and itemized report to the house once every two weeks, concerning the number of house employes, and the amount paid out for their services, especially setting out the amount of regular time and overtime and to whom paid.
13. Employes shall be allowed the amount provided by statute for regular service for eight hours per day and for over-time on the basis of time and a half per hour of such over-time.
14. It shall be the special duty of the sergeant-at-arms to attend the house during its sittings, to execute the commands of the house from time to time, together with all such processes issued by authority thereof as shall be directed to him by the speaker. The other officers and employes shall perform the usual duties connected
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with their offices and as directed by the committee on employes.
All officers shall be sworn to keep the secrets of the house when acting on confidential or executive business. MEMBERS
15. When any member is about to speak in debate or deliver any matter to the house, he shall arise from his seat and respectfully address himself to. "Mr. Speaker," and when recognized shall confine himself to the question and avoid personalities.
16. No member shall speak more than once on the same question without leave of the house, except in explanation, unless he be the mover or proposer or introducer of the matter pending, in which case he shall be permitted to speak in reply, but not until every other member choosing to speak shall have spoken.
An explanation of a vote on roll call shall be limited to forty words; and shall not be entered on the record unless the same be in writing filed with the clerk.
17. If a question pending be delayed by adjournment of the house and resumed on the succeeding day, no member who shall have spoken on the preceding day shall be permitted again to speak without leave, except it be the mover, proposer, or introducer of the matter pending, who shall have the same right as in the last preceding rule.
18. No member shall absent himself from the service of the house unless he have leave or be sick, or unable to attend and no standing committee shall absent itself except by leave of the house.
19. Every member who shall be in the house when the question is put shall give his vote.
20. No smoking shall be allowed in the house chamber, lobby, or gallery, during session of the house or its committee of the whole.
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21. As near the commencement of the session as may be, the house shall elect a committee on committees composed of thirteen members, consisting of two members from each congressional district and one member at large who shall be chairman of the committee. This committee on committees shall as soon thereafter as possible recommend to the house for its approval and adoption the following standing committees, each with the number of members as hereinafter set out, and designating one member of each committee as chairman thereof.
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Name |
Number |
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Accounts and expenditures |
5 |
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Agriculture |
11 |
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Arrangement, phraseology and correlation |
5 |
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Banks and banking |
9 |
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Cities and towns |
11 |
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Claims and deficiencies (combined) |
11 |
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Constitutional amendments |
7 |
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Corporations |
9 |
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Education (includes university and normal schools, public schools and libraries) |
11 |
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Irrigation, drainage, and water power (first two combined, last one added) |
11 |
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Employes |
3 |
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Engrossed and enrolled bills |
3 |
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Fees and salaries |
7 |
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Finance, ways and means |
l1 |
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Fish culture and game |
7 |
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Insurance |
9 |
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Judiciary |
11 |
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Labor |
7 |
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Live stock and grazing |
7 |
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Manufacturing and commerce |
5 |
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55 |
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Medical societies |
7 |
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Miscellaneous subjects |
11 |
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Privileges and elections |
7 |
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Railroads |
9 |
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Revenue and taxation |
11 |
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Roads and bridges |
11 |
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Rules |
5 |
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School land and funds |
7 |
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State institutions (includes insane hospitals, other asylums, public lands and buildings, soldiers' homes, state penitentiary) |
11 |
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Telegraph, telephone and electric companies |
9 |
22. Whenever it may appear
advisable or necessary, a sifting committee consisting of thirteen
members shall be elected by the house, at least two of whom shall
be selected from each congressional district, who shall be
selected by the members of each congressional district, and the
speaker of the house who shall be chairman of. the committee. From
and after the election of said committee it shall have charge of
all bills on general file and report such bills as are deemed of
most importance, for consideration, and bills so reported shall
take precedence over all other bills before the house, except
appropriations and claim bills, which shall be subject to special
order at any time.
23. The regular committee
meetings shall be held daily from 4 p. m. to 6 p. m.
24. Printed schedules of the time and place of committee meetings shall be prepared and posted in conspicuous places in and about the capital building.
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25. Joint committee meetings of
similar house and senate committees shall be arranged where
desirable.
26. The several standing committees of the house shall have leave to report by bill or otherwise.
27. Final action in reporting bills shall be taken only at the regular scheduled meetings of the committees.
28. It shall be in order for the committee on engrossed and enrolled bills to report at any time.
29. A record of the vote in the standing committees shall be kept and made a part of each report on bills and shall be entered in the house journal.
30. The poll of the committee
shall not be required as part of the report unless a roll call
shall be demanded by two members of such committee.
31. The order of business of the house shall be as follows:
1. Prayer by the chaplain.
2. Roll cat
3. Call for correction of the journal.
4. Petitions and memorials.
5. Reports of standing committees.
6. Reports of select committees.
7. Resolutions.
8. Introduction of bills.
9. Bills on first reading.
10. Bills on second reading.
11. Bills on third reading.
12. Voting on concurrence, conference committee reports and reconsideration of vetoed bills.
13. Special order of the day.
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14. Unfinished business and messages on the speaker's desk.
15. Miscellaneous business.
32. Provided, however, that each
day after the correction of the printed journal the house shall
proceed with the regular orders, commencing with the order upon
which it was last engaged at the time of adjournment of the
preceding day, first disposing of the particular business of the
order which may have been pending at the time of adjournment, and
as soon as the regular orders have been called through, the calls
shall be resumed, beginning with the fourth order of business as
indicated above.
33. The hours for convening shall be 9 o'clock a. m. and 1:30 o'clock p. m. each day, unless otherwise especially ordered.
34. The house shall hold sessions
on all week days except the second and fourth Saturdays in each
calendar month.
35. There shall be a printed
daily journal placed upon the desks of the members. The presiding
officer shall call in the regular order for corrections thereof.
After corrections are made the journal shall stand approved
without motion. The bound journal shall be printed from the
corrected forms.
36. All votes shall be taken viva voce, except when division or roll call is demanded.
37. Questions shall be distinctly put in this form, towit: "Those who are in favor of the question, say 'Aye'; those who are opposed to the question say 'No'."
38. If a division is called for, or if the speaker is in
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doubt, he shall call for a rising vote; those in the affirmative of the question shall rise and remain standing until counted, and afterwards those in the negative shall do likewise. Provided, that when requested by two members the speaker shall appoint two tellers, who shall assist the clerk in making the count.
39. Upon division and count of the house on any question, no member without the bar shall be counted.
40. Any member may demand the
verification of the vote on roll call. Provided that on the final
passage of bills the verification shall always be made.
41. Any two members may call for the yeas and nays upon any question, and when taking the yeas and nays, the names of the members shall be called alphabetically.
42. Any five members may demand a call of the house; thereupon the names of the members shall be called by the clerk and the names of the absentees noted, after which the names of the absentees shall be again called over. A majority of the members present, if five in number, may compel the presence of all members subject to a call of the house. A call of the house may be suspended at any time by a vote of a majority of the members present. Upon a call of the house, the speaker may, and on demand of five members shall order the floor and lobby cleared of all persons other than members, and the doors closed.
43. No member shall absent himself from the house without leave of the house being first obtained, and such leave may be at any time revoked by the house by a vote of a majority of the members present. If, under a call of the house, the presence of any member be compelled as provided for in the foregoing rule, the same may be done, if necessary, by sending the sergeant-at
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arms, or any such other person or persons, as the members
present may authorize, at the expense of such absent member,
unless such excuse for non-attendance is made, as the house, when
a quorum is convened, may judge sufficient; and in that case the
expense shall be paid out of the contingent fund.
44. Any member may call for a
division of the question, which shall be divided if it comprehends
propositions in substance so distinct that, one being taken away,
a substantive proposition shall remain for the decision of the
house. A motion to strike out and insert shall be deemed
indivisible; but a motion to strike out being lost, shall not
preclude an amendment nor a motion to strike out or insert.
45. When a motion has once been
made and carried in the affirmative or negative, it shall be in
order for any member voting with the prevailing side to move a
reconsideration thereof on the same day or within three succeeding
days, and such motion shall take precedence of all other questions
except a motion to adjourn and shall require for its adoption a
majority of the members elected to the house. Provided, however,
that a motion to reconsider the vote on a bill which lacked a
constitutional majority on third reading, shall require a
three-fifths vote of the members elected to the house.
46.* Every motion shall be made by a member first recognized by the Speaker or presiding officer and such motion shall be reduced to writing, if the speaker or any
*Adopted at special session, June, 1931.
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member desires it. Such motion shall take precedence over all motions that have not been made, duly seconded, and read to the house.
47. When a motion is made and seconded, it shall be stated by the speaker or being in writing shall be read aloud by the clerk before being debated.
48. After a motion is stated by
the speaker, or read by the clerk, it shall be deemed in
possession of the house, but may be withdrawn at any time before a
decision or amendment by unanimous consent.
49. When a question is under
debate no motion shall be received but to adjourn, to lay on the
table, for the previous question, to postpone to a certain time,
to commit or amend, to postpone indefinitely; except that motions
to indefinitely postpone and to amend do not yield to each other;
which several motions shall have precedence in order in which they
are arranged; and no motion to postpone to a certain time, to
commit or to postpone indefinitely, being decided, shall again be
allowed on the same day at the same stage of the bill or
proposition. A motion to strike out the enacting words of a bill
shall have precedence over a motion to amend, and if carried, is
equivalent to rejection of the bill.
50. A motion to adjourn, a motion to fix the day to which the house shall adjourn shall always be in order, except:
(a) While a member is speaking.
(b) When a motion to adjourn has just been defeated.
(c) When a motion to fix the day to which the house shall adjourn has just been defeated.
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(d) After the third reading of a bill and during roll call thereon.
51. The hour at which the house
adjourns shall be entered on the journal.
52. The previous question, shall be in this form: "Shall the debate now close?"
53. It shall be admitted when demanded by five or more members and must be sustained by a majority vote, and until decided shall preclude further debate and all amendments and motions except one motion to adjourn and one motion to lay on the table.
54. On a previous question there
shall be no debate. All incidental questions of order, arising
after a motion is made. for a previous question, and pending such
motion, shall be decided, whether on appeal or otherwise, without
debate.
55. Members shall introduce such bills only as they are willing to give their personal endorsement and defend.
56. Every bill shall be introduced on the report of a committee, or by any member, when the introduction of bills is called for; or at any time by leave.
57. Every bill and concurrent resolution shall be read by title when introduced and a printed copy thereof provided for the use of each member of the house, and the bill and all amendments thereto shall be printed and read at large before the vote is taken upon its final passage. Two hundred additional copies of every bill and concurrent resolution shall be printed.
58. No amendment to any bill by the senate shall be concurred in by the house, nor shall the report of any
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conference committee as to any bill be adopted by the house except by the assent of a majority of all the members elected to that body taken by yeas and nays, entered upon the journal.
59. Amendatory bills shall be so prepared and printed as to show the new matter proposed, old matter to be retained and old matter to be omitted from the statutes.
60. Every bill shall be read by title a second time upon a day subsequent to its introduction, whereupon the speaker shall refer it to the proper standing committee, which shall report it back within five legislative days, unless referred by the house to the committee of the whole, and if not ordered to be engrossed on the day of its being reported, it shall be placed on a general file on the speaker's table to be taken up in its order.
61. No bill shall be ordered to a third reading until a day subsequent to that of its second reading, nor until after the same shall have been referred to the committee on arrangement, phraseology and correlation, and its report passed by the committee of the whole.
62. After commitment and report thereof to the house, or at any time before the roll is ordered called after third reading of a bill, it may be recommitted, provided, however, that after a bill shall have been ordered advanced to third reading as provided by Sections 4 and 7 of Rule 83, it shall not be re-committed except for specific amendment; and provided further, that it shall always be in order to recommit a bill to the committee on engrossed and enrolled bills for re-engrossment to correct manifest clerical errors.
63. After a bill shall have been ordered to a third reading, two hundred and fifty (250) copies of the amendments thereto shall be printed, unless the house orders the entire bill printed as amended.
64. Bills shall be engrossed and enrolled by typewriter.
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65. Upon the passage of every bill or a joint resolution the vote shall be yea and nay, and this rule shall not be suspended.
66. The question after the third reading of the bill shall be stated as follows: "This bill and all amendments thereto having been printed and read as required by law, the question is, 'shall the bill pass?'" If the emergency clause is contained in the bill the words "with emergency clause attached" shall be added to the question. After reconsideration of a vetoed bill the question shall be, "shall the bill be passed, notwithstanding the objections of the governor?"
After consideration of a senate amendment, the question shall be, "shall the senate amendment be concurred in?" If the house fail to concur, the speaker shall at once appoint a conference committee of three, unless the house otherwise order, to confer with a committee from the senate relative to the bill.
After consideration of a
conference committee report the question shall be, "Shall the
report of the committee he adopted?" but the question may be
divided if the report covers more than one point.
67. When an emergency clause is expressed in the preamble or body of an act as a reason why such act should take effect prior to the expiration of the three calendar months after the adjournment of the session at which it was passed, the question shall be: "Shall the bill pass?" And if two-thirds of all the members elected to the house shall vote in the affirmative the bill is passed with the emergency clause; but if, upon such a vote a majority of all the members elected, but less than two-thirds, vote in the affirmative, then the emergency clause is considered as stricken out and the bill without the emergency clause is pending on its third reading.
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68. All necessary appropriation
bills for the general state government for the biennium
shall take precedence over all other bills on the general
file.
69. It shall require a vote of a
majority of the members elected to the house to expend money by
the legislature or to change the compensation of any officer or
employe.
70. When a bill shall have been
made a special order for a definite time and an adjournment should
intervene for a time beyond the time fixed for such special order,
then in that event the bill so made a special order shall be
placed in its order on the general file.
71. When a resolution shall be
offered or a motion made to refer any subject, and different
committees proposed, the question shall be taken in the following
order: The committee of the whole; standing committee; a select
committee.
72. All resolutions except by
unanimous consent of all members present, shall lie over for
consideration until the following day, or until the second
succeeding day's session of the house.
73. No motion or proposition, or subject different from that under consideration shall be admitted under color of amendment. No bill or resolution shall at any
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time be amended by annexing thereto, or incorporating
therewith, any other bill or resolution before the house.
74. No report of a conference
committee, nor any senate amendment, shall be adopted by the house
except by unanimous consent, until after such report or amendment
has been read in full and the numbers of all the bills affected
have been displayed in a conspicuous place for at least two hours
and the report or amendment then read a second time. Upon the
request of five members copies of any such report or amendment
shall be made and distributed among the members before any action
is taken thereon.
75. When the house is in committee of the whole, any ten members may demand a roll call on any question.
And the roll call, together with
completed proceedings relative to the question on which the roll
call was taken, shall be placed in the journal and shall be made a
part of the records of the house.
76. When the house is in
committee of the whole and division is called for on any question,
any two members may ask for the appointment of two tellers to
assist the clerk in making the count.
77. All messages from the house to the senate shall be transmitted by the clerk or assistant clerk of the house, or by a special committee appointed for that purpose.
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78. When the reading of a paper
is called for, and the same is objected to by any member, it shall
be determined by vote of the house.
79. No person shall be admitted
to the floor of the house except members and officers of the house
and senate, judicial and state officers, and such other persons as
the house may deem proper to admit. Providing, that during the
third reading of bills and the consideration of senate amendments
and conference committee reports, no one but members and officers
of the house shall be admitted to the floor thereof, and during
roll call on the passage of bills, and on motions to concur in
senate amendments and on motions to adopt conference committee
reports and voting on vetoed bills, the members present shall be
in their seats.
80. When a person shall be
discharged from custody and admitted to his seat, the house shall
determine whether such discharge shall be without fees; and in
like manner, whether a delinquent member taken into custody by a
special messenger shall, or shall not, be liable to defray expense
of such messenger.
81. The rules of parliamentary practice comprised in Gregg's Parliamentary Law shall govern the house in all cases to which they are applicable, and in which they are not inconsistent with standing rules of the house, and the joint rules of the senate and house.
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82.* No standing rule or order of
the house shall be rescinded, changed or suspended, except by a
vote of at least a majority of the members elected to the house;
nor shall the order of business, as established by the rules of
the house, be postponed or changed, except by a vote of a majority
of the members elected.
83. Subject to the foregoing rules and unless otherwise specially ordered by the house the following procedure shall govern:
(1) A bill reported out by a committee other than the committee on engrossed and enrolled bills or the committee on arrangement, phraesology (sic) and correlation shall be so reported either without recommendation or with recommendation that it pass or with recommendation that it be specifically amended and pass so amended or with recommendation that it be indefinitely postponed.
(2) If the report recommends indefinite postponement, the report shall stand adopted and the bill so indefinitely postponed without further order of the house, unless otherwise ordered by the house upon a motion made not later than the close of the legislative day next succeeding day of such report.
(3) If the report be other than a recommendation for indefinite postponement, the bill shall be placed on general file, to be generally considered in its order by the committee of the whole, unless otherwise ordered by the house.
(4) Upon adoption by the house of a report of the committee of the whole that the bill be advanced, either with or without amendments, the bill if a house bill
* Adopted at special session, June, 1931.
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without further order shall go to the committee on engrossed and enrolled bills to be engrossed and when so engrossed shall he at once delivered by such committee to the committee on arrangement, phraseology and correlation, and report made to the house of such engrossment and delivery. If the bill be a senate file, and there be a house amendment, such amendment shall be engrossed and with such senate file follow the course above and hereinafter prescribed for a house bill; but if a senate file and there be no house amendments, such bill when ordered advanced as above provided, shall at once and without further order stand advanced to third reading.
(5) Upon report of the bill to the house by the committee on arrangement, phraseology and correlation, either with or without amendments, the bill shall without further order go upon special file, to be considered in its order by the committee of the whole upon amendments recommended by the committee on arrangement, phraseology and correlation, or upon other amendments proposed relative to arrangement, phraseology and correlation and no other.
(6) Bills on special file shall have precedence in committee of the whole over those on general file.
(7) If bills on special file after consideration by the committee of the whole shall be ordered by the house advanced to third reading without amendment, they shall so stand advanced without engrossment; but if any amendments be adopted they shall go to the committee on engrossed and enrolled bills to be re-engrossed and upon report to the house by such committee that the same have been correctly re-engrossed, the same shall without further order stand advanced to the order of third reading.
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84. A motion to indefinitely postpone or to amend a bill, other than as to arrangement, phraseology and correlation shall not be in order while a bill is on special file.
85. These rules shall govern proceedings in committee of the whole so far as may be, and except as herein otherwise specified; and provided that the committee of the whole may suspend a rule by a majority of members present; and further provided, that a call of the house cannot be made while in committee of the whole.
86.* Where an appropriation bill containing items in excess of the governor's budget of the financial requirements of all departments, institutions and agencies of the state is placed on third reading and less than three-fifths of the members elected vote in the affirmative, then each item that constitutes an increase over the governor's recommendation or is a new item not mentioned by the governor shall be placed on third reading separately. Such new items or such amount of increase as shall fail to get an affirmative vote of three-fifths of the members elected to the House shall be stricken from the bill. The bill shall then be re-engrossed and placed on a final roll call and with the emergency clause if the same was included in the original bill. In considering senate amendments or the reports of conference committees on such bills, the same procedure as provided for in this rule shall be followed.
* Adopted at special session, June, 1931.
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