March 9 2005 Legislative Rules and Procedures

March 9, 2005 • Legislative Rules and Procedures, • But let’s finish with the Beretta Case • And let’s walk through the process from start to finish. • Then go over Oleszek

House Scheduling • • • House Legislative Calendars Union, House, Private, Corrections (Consent) and Discharge Calendars of the House of Representatives and History of Legislation Suspension of the Rules Privileged Legislation Appropriations, Budget, House Administration, Rules, and Standards of Official Conduct Special Rules Open, Closed, and Modified Waiver Rules Creative Rules Structured, Self-Executing, King-of-the-Hill, Multiple-Stage GOP Innovations Queen-of-the-Hill, Time-Structured, Bifurcated Blocked Bills Discharge Petition, Extraction, Calendar Wednesday Whip Notice

House Floor Procedure • • • Adoption of the Rule Committee of the Whole Points of difference: mace, presiding officer, quorum, amendments rule, previous question, recorded vote, motion to recommit General Debate Floor Manager Delaying Tactics Amending Process Five-Minute Rule Committee and Floor Amendments Riders Germaneness Rule Tests: Fundamental Purpose, Subject Matter, Committee Jurisdiction Substitute Amendments Degrees of Amendments Motions to Recommit Final Action

Senate Scheduling • • Flexible Scheduling Classifying Measures Calendar of General Orders – all legislation Executive Calendar – treaties and nominations Noncontrovertial Bills – called by unanimous consent, enacted with no debate Majority Leader – first recognition Major Legislation One-Day/Two-Day Rules Holds (Secret Holds) Unanimous Consent Agreements Types: Simple and Complex Action Forcers Bargaining Chips Partisanship Track System

Senate Floor Procedure • • • Legislative Day versus Calendar Day Daily Order of Business Prayer, Pledge, Leaders Morning Hour and Morning Business Debate Floor Manager Bills Considered by Unanimous Consent • Amending Process Unless UCA states otherwise, open to amendment at any point No general germaneness rule No 3 rd degree amendments except by UC No debate limit Points of order at any time Members can modify or withdraw amendments before action taken • Strategic Uses Filling the Amendment Tree Second-Degree Strategy Poison-Pill Approach Make-a-Point Amendments November Amendments • Voting on Amendments – Voice, Division (Standing) and Roll Call

Senate Bills Without UCA • Filibuster Informal Compromise Cloture • Circumventing Committees Nongermane Amendments Placing Measures on the Calendar Suspension of the Rules Discharge Petitions

House/Senate Differences • Agreement without Conference Same Bill or “Ping-Pong” Approach • Conference Committee Process Requesting a Conference Selecting Conferees Bargaining Filing the Conference Report Floor Action on Conference Report