1.1A Senate resolution
1.2adopting Permanent Rules of the Senate.
1.3BE IT RESOLVED, by the Senate of the State of Minnesota:
1.4The Permanent Rules of the Senate for the 82nd Legislature shall read as follows:
1.5(2001 Temporary Rule numbers shown in [brackets])
1.6 1. PARLIAMENTARY REFERENCE [1]
1.7The rules of parliamentary practice
comprised contained in Mason's Manual of Legislative
1.8Procedure
shall govern the Senate in all cases in which they are applicable, and in which they are
1.9not inconsistent with these rules and orders of the Senate and the joint rules and orders of the
1.10Senate and House of Representatives.
1.112. REPORTING OF BILLS [34]
1.122.1 Every bill, memorial, order, resolution or vote requiring the approval of the Governor
1.13shall must be reported to the Senate on three different days
previous to before its passage.
1.14(a) The first report, called the first reading, is made when it has been received for
1.15introduction
;.
1.16(b) The second report, called the second reading, is made when it has been considered by
1.17all the necessary standing committees and is ready for debate
;.
1.18(c) The third report, called the third reading, is made when it is ready for final passage.
1.193. BILL INTRODUCTION [32, 33]
2.13.1 [32] Bills, memorials,
and concurrent or joint resolutions may be introduced by a
2.2member or by
order of the Senate on a report of a
standing committee.
2.33.2 [32] The name of the author
or, authors
, or committee shall must be
prefixed to each
2.4written on the bill, memorial or resolution
and the name of a committee introducing a bill,
2.5memorial or resolution shall be endorsed on it. The number of authors
shall may not exceed five.
2.63.3 [32] An original and three copies are required for introduction.
2.73.4 [32] A member or a committee desiring to introduce a bill, memorial or concurrent or
2.8joint resolution shall
place it in the hands deliver it to the office of the Secretary, and the Secretary
2.9shall promptly deliver all the bills, memorials or concurrent or joint resolutions to the President
2.10who shall present them to the Senate.
2.113.5 [32]
A bill prepared by a department or agency of state government shall be introduced
2.12and given its first reading three weeks before the first committee deadline in odd-numbered
2.13years and two weeks before the first committee deadline in even-numbered years. Upon its
2.14introduction, the first author of the bill shall deliver a copy of the fiscal note on the bill to the chair
2.15of the standing committee to which the bill has been referred.
2.163.6 [33] During the period between the last day of the session in any odd-numbered year
2.17and the first day of the session in the following year, a bill filed with the Secretary for introduction
2.18shall must be given a file number and may be unofficially referred by the President, with the
2.19approval of the Chair of the Committee on Rules and Administration, to an appropriate standing
2.20committee of the Senate. All bills filed for introduction during this period
shall must be presented
2.21to the Senate when it reconvenes and
shall must be referred to the standing committees previously
2.22indicated by the President, subject to objection
to the referral under Rule 4.8 [35].
2.234. BILL REFERRAL [35, 36]
2.244.1 [35]
All bills shall be referred by The President
shall refer each bill without motion to
2.25the proper standing committee unless otherwise referred by the Senate.
2.264.2 [36]
No A bill or resolution
shall may not be referred to committee or amended until
2.27it has been given its first reading.
2.284.3 [36]
No A member may not object to a bill or resolution
shall be objected to on
2.29its introduction.
2.304.4 [35] All bills appropriating money, or obligating the state to pay or expend money, or
2.31establishing a policy which to be effective will require expenditure of money, when referred to
3.1and reported by any other than the committee on Finance,
shall, before passage, must be referred
3.2before passage to the committee on Finance
, except that a bill relating to education shall be
3.3referred to the Committee on Education instead of to the Committee on Finance.
3.44.5 [35] All bills delegating rulemaking to a department or agency of state government and
3.5all bills exempting a department or agency of state government from rulemaking, when referred
3.6to and reported by any other than the Committee on State and Local Government Operations,
3.7shall, before passage, must be referred
before passage to the Committee on State and Local
3.8Government Operations.
3.94.6 [35] All bills creating a new commission, council, task force, board, or other body to
3.10which a member of the legislature will be appointed
shall, before passage, must be referred
before
3.11passage both to the Committee on State and Local Government Operations and to the Committee
3.12on Rules and Administration.
3.134.7 [35] All bills authorizing or increasing a sentence of imprisonment to a state correctional
3.14institution
shall must be referred before passage to the Committee on Crime Prevention.
3.154.8 [35]
Upon request of the chair of a budget division of a committee, the chair of the
3.16committee shall refer a bill in that committee to the division.
3.17A bill introduced by a committee need not be referred to a standing committee unless a
3.18question arises
but rather shall. It must lie over one day before being given its second reading.
3.194.9 [35]
When A
member may question
arises concerning the
proper reference of a bill
3.20during the order of business of first reading on the day of introduction
or at the time of report on it
3.21by a standing committee to which the bill was previously referred,. When a member questions the
3.22reference of a bill, the bill
shall must be referred without debate to the Committee on Rules and
3.23Administration to report the proper reference
, and. Upon adoption of the report of the Committee
3.24on Rules and Administration,
it shall the bill must be referred accordingly.
3.255. RECALL FROM COMMITTEE [40]
3.265.1 With the concurrence of the
first chief author of the bill, before the deadline for
3.27committee action on
the a bill
, a majority of the
whole Senate
and after the deadline for committee
3.28action on the bill 60 percent of the Senate may recall
a the bill from
any a committee and re-refer
3.29it to any other committee or place it on General Orders.
After the committee deadline for action
3.30on a bill, 41 affirmative votes of the whole Senate may recall the bill from any committee and
3.31re-refer it to any other committee or place it on General Orders.
4.15.2 By a report of the Committee on Rules and Administration adopted by the Senate, the
4.2Committee on Rules and Administration, on request of the
first chief author, may remove a bill
4.3from committee and re-refer it to any other committee or place it on General Orders.
4.46. RESOLUTIONS [53]
4.56.1 Memorial resolutions addressed to the President or the Congress of the United States,
4.6or a house or member of Congress, or a department or officer of the United States, or a state or
4.7foreign government, joint resolutions, and resolutions requiring the signature of the Governor
4.8shall must follow the same procedure as bills before being adopted.
4.96.2 A resolution may not be changed to a bill, and a bill may not be changed to a resolution.
4.106.3
Upon When a member
giving gives notice of
intention intent to debate a resolution not
4.11required to follow the same procedure as bills and not offered by the Committee on Rules and
4.12Administration, the resolution
shall must lie over one calendar day without debate or other action.
4.136.4 Upon the request of a member, the resolution
shall must be referred to the proper
4.14committee.
Whenever If a question arises concerning the proper reference the procedure provided
4.15by Rule 4.8 [35] applies.
4.167. BUDGET RESOLUTION
4.177.1
The Committees on Taxes and on Finance must hold hearings as necessary to determine
4.18state revenues and appropriations for the fiscal biennium.
4.197.2
Within 30 days after the last state general fund revenue and expenditure forecast for
4.20the next fiscal biennium becomes available during the regular session in the odd-numbered year,
4.21and after receiving from the Committee on Taxes a resolution containing its recommendation
4.22on the maximum limit on revenues and an amount to be set aside as a budget reserve and a cash
4.23flow account, the Committee on Finance must adopt and report to the Senate a budget resolution,
4.24in the form of a Senate resolution. The budget resolution must set: (1) the maximum limit on
4.25revenues and net appropriations for the next fiscal biennium for the general fund; and (2) an
4.26amount or amounts to be set aside as a budget reserve and a cash flow account. The budget
4.27resolution must not specify, limit, or prescribe revenues or appropriations by any category other
4.28than those specified in clauses (1) and (2). If the Committee on Finance recommends a maximum
4.29limit on revenues or an amount for the budget reserve or cash flow account that differs from
4.30the amount recommended by the Committee on Taxes, the recommendation of the Committee
4.31on Finance must be referred to the Committee on Rules and Administration before it may be
4.32considered by the Senate.
5.17.3
After the Senate adopts the budget resolution, the limits in the resolution are effective
5.2during the regular session in the year in which the resolution is adopted, unless the Senate, acting
5.3upon a subsequent report of the Committee on Taxes as to revenues or of the Committee on
5.4Finance as to appropriations, adopts a different limit or limits for the same fiscal biennium.
5.5During the regular session in the even-numbered year, before the Committee on Finance reports
5.6a bill containing net appropriations in excess of the general fund appropriations in the current
5.7fiscal biennium estimated by the most recent state budget forecast, the Committee must adopt
5.8a budget resolution that accounts for the net appropriations. After the Committee adopts the
5.9budget resolution, it is effective during the regular session that year, unless the Committee adopts
5.10a different or amended resolution.
5.117.4
Within 14 days after the Senate or the Committee on Finance adopts a budget resolution,
5.12the Committee must adopt, by resolution, limits for each major appropriation bill identified in
5.13this Rule. After the Committee adopts the resolution, the limits in the resolution are effective
5.14during the regular session in the year in which the resolution is adopted, unless the Committee
5.15subsequently adopts different or amended limits for the same fiscal biennium. If the Committee
5.16on Finance or the Senate combines two or more major appropriation bills into one bill, the limits
5.17in the Committee resolution pertaining to those bills are also combined, and the sum of the
5.18combined limits applies to the combined bill.
5.197.5
The major tax and appropriation bills are:
5.20(1) the omnibus tax bill;
5.21(2) the E-12 education appropriations bill;
5.22(3) the higher education appropriation bill;
5.23(4) the environment and agriculture appropriations bill;
5.24(5) the health, human services and corrections appropriations bill;
5.25(6) the state government, economic development and the judiciary appropriations bill;
5.26(7) the transportation and public safety appropriations bill; and
5.27(8) the omnibus capital investment bill.
5.287.6 After the adoption of a resolution by the Senate or by the Committee on Finance, the
5.29Committee on Finance and the Committee on Taxes must reconcile each bill recommended by the
5.30committee with the resolution or resolutions. When reporting a bill, the committee must certify to
5.31the Senate that the committee has reconciled the fiscal effect of the bill with the resolution or
6.1resolutions and that the bill, as reported by the committee, together with other bills reported and
6.2expected to be reported by the committee, does not and will not exceed the limits specified
6.3in either resolution.
6.47.7
After the adoption of a resolution by the Senate or the Committee on Finance, an
6.5amendment to a bill is out of order if it would cause any of the limits specified in either resolution
6.6to be exceeded. Whether an amendment is out of order under this Rule is a question to be
6.7decided in the Senate by the President and in committee by the committee chair. In making the
6.8determination, the presiding officer may consider:
6.9(1) the limits in a resolution;
6.10(2) the effect of existing laws on revenues and appropriations;
6.11(3) the effect of amendments previously adopted to the bill under consideration;
6.12(4) the effect of bills previously recommended by a committee or bills previously passed
6.13in the legislative session by the Senate or by the Legislature;
6.14(5) whether appropriation increases or revenue decreases that would result from the
6.15amendment; and
6.16(6) other information reasonably related to appropriation and revenue amounts.
6.178. CONFIRMATIONS [54]
6.188.1 Every gubernatorial appointment requiring the advice and consent of the Senate
shall
6.19must be referred by the President to the appropriate committee. If a question arises as to the
6.20proper committee, the appointment
shall must be referred without debate to the Committee on
6.21Rules and Administration for a report making the proper reference.
6.228.2
An appointment referred to committee and not reported to the Senate within one year
6.23after it was referred is withdrawn from committee and placed on the confirmation calendar for
6.24consideration by the Senate before adjournment of the regular session.
6.258.3 The final question on the appointment is, "Will the Senate, having given its advice, now
6.26consent to this appointment?" The question
shall must not be put the same day the appointment is
6.27received or on the day it is reported by committee
unless except by unanimous consent.
6.289. STANDING COMMITTEES [57]
6.29The standing committees of the Senate are as follows:
7.1Agriculture, General Legislation and Veterans Affairs
7.2Capital Investment
7.3Commerce
7.4Crime Prevention
7.5Education
7.6Environment and Natural Resources
7.7Finance
7.8Health and Family Security
7.9Jobs, Housing and Community Development
7.10Judiciary
7.11Rules and Administration
7.12State and Local Government Operations
7.13Taxes
7.14Telecommunications, Energy and Utilities
7.15Transportation
7.1610. APPOINTMENTS TO STANDING COMMITTEES [56]
7.1710.1 The majority and minority
shall groups must each be represented on all standing
7.18committees of the Senate substantially in proportion to their numbers in the Senate. The majority
7.19group shall assign the number of positions the minority group will hold on each committee.
7.20The minority group
shall must be given adequate notice
about of its positions
prior to the
7.21commencement of before the session
begins.
7.2210.2 Both the majority and minority groups shall appoint their own members to fill the
7.23number of positions each group will hold on each committee
and budget division. The minority
7.24group shall transmit notice of its assignments to the majority group within ten calendar days after
7.25receipt of the notice of positions available. The minority group may designate a ranking member
7.26for each committee. Nothing prohibits a member of the minority group from serving as chair or
7.27vice chair of a committee, subcommittee, division, or commission. If the minority group for any
8.1reason fails to make its appointments pursuant to this rule, the majority group may make all the
8.2committee
and budget division assignments.
8.310.3 The majority and minority committee assignments are subject to the uniform criteria
8.4governing committee assignments applicable to both the majority and minority
groups. The
8.5uniform criteria
shall must be promulgated by the majority group and transmitted to the minority
8.6group together with notification of committee
and budget division positions available to the
8.7minority.
8.810.4
Committee assignments as made by the majority and minority groups shall be followed
8.9by The Senate
in the resolution establishing representation on all Senate standing committees
8.10must set forth committee assignments as made by the majority and minority groups.
8.1110.5 A member may not serve as the chair of the same standing committee or the same
8.12division of a standing committee, or a committee or division with substantially the same
8.13jurisdiction, for more than
two complete and three consecutive Senate terms. This limit does not
8.14apply to the Committee on Rules and Administration. This limit applies to time served as a chair
8.15in the seventy-eighth legislature and thereafter.
8.1610.6 After the organization of the Senate and after consultation and advice from the
8.17minority leader, the Chair of the Committee on Rules and Administration may add members to or
8.18delete members from the standing committees.
8.1911. APPOINTMENTS BY SUBCOMMITTEE ON COMMITTEES [56, 57]
8.2011.1 [57] The Committee on Rules and Administration may constitute a standing
8.21Subcommittee on Committees, the report of which within its jurisdiction has the effect of a report
8.22of the
main Committee on Rules and Administration. The subcommittee
shall consist consists of
8.23five members, one of whom
shall must be a member of the minority group.
8.2411.2 [56]
Unless otherwise provided, the Subcommittee on Committees shall appoint all
8.25conference committees of the Senate and members of commissions
or other bodies authorized to
8.26be appointed by the Senate
authorized by rule, statute, resolution or otherwise, shall be appointed
8.27by the Subcommittee on Committees of the Committee on Rules and Administration, unless
8.28otherwise provided, subject to confirmation by and report the appointments to the Senate.
8.2912. COMMITTEE MEETINGS [21, 57, 58, 59, 60, 61, 77]
8.3012.1 [58] All meetings of the Senate, its committees, committee divisions, and
8.31subcommittees are open to the public. A meeting of a caucus of the members of any of those
8.32bodies from the same political party need not be open to the public. A caucus of the Hennepin
9.1county, Ramsey county, or St. Louis county delegation is open to the public. For purposes of
9.2this rule, a meeting occurs when a quorum is present and action is taken regarding a matter
9.3within the jurisdiction of the body.
9.412.2 [77] Any person may submit to the Chair of the Committee on Rules and
9.5Administration a complaint that members have violated the open meeting requirements of
9.6Minnesota Statutes, section 3.055. A member of the Senate may submit the complaint either
9.7orally or in writing; others must submit the complaint in writing. Whether the complaint was
9.8written or oral, the Chair of the Committee on Rules and Administration shall immediately
9.9forward it in writing to the Subcommittee on Ethical Conduct without disclosing the identity
9.10of the complainant. The complaint must not be further disclosed without the consent of the
9.11complainant, except to the members against whom the complaint was made, unless the complaint
9.12was made by a member of the Senate in writing under oath, in which case the investigatory
9.13procedures of Rule 54 [75] apply.
9.1412.3 [58] To the extent practical,
meetings of all committees, subcommittees, and divisions
9.15a committee, subcommittee, or division shall
be announced announce each meeting to the public
9.16at least three calendar days
prior to before convening. The notice
shall must state the name of the
9.17committee, subcommittee, or division, the bill or bills to be considered,
and the place and time
9.18of meeting. The notice
shall must be posted
on the Senate's Web site and on all Senate bulletin
9.19boards in the Capitol and the State Office Building. A notice
shall must be sent to the House of
9.20Representatives for posting as it deems necessary. If the three-day notice requirement cannot be
9.21met,
the committee, subcommittee, or division shall give simultaneous notice to all of the known
9.22proponents and opponents of the bill
shall be given simultaneous notice of the meeting as soon
9.23as practicable.
9.2412.4 [58] A Senate committee, subcommittee, or division shall adjourn no later than
11:00
9.2510:00 p.m. each day, unless two-thirds of the members present vote to suspend this requirement.
9.2612.5 [21] Committees
shall, subcommittees, and divisions may not
be absent from meet
9.27while the Senate
is in session without permission of the Senate. The names of the members
9.28excused shall be printed in the Journal.
9.2912.6 [59] A majority of its members constitutes a quorum of a committee, subcommittee,
9.30or division.
9.3112.7 [57] Each standing committee of the Senate, including a subcommittee or division
9.32of the committee,
is authorized may at any time
to sit and act,
to investigate and take testimony
10.1on any matter within its jurisdiction,
to report hearings held by it, and
to make expenditures as
10.2authorized
from time to time by the
standing Committee on Rules and Administration.
10.312.8 [57] A standing committee, but not a subcommittee or division, may require by
10.4subpoena or otherwise the attendance and testimony of witnesses and the production of
10.5correspondence, books, papers, and documents, in the manner provided by Minnesota Statutes,
10.6section 3.153.
10.712.9 [60] Upon the request of a member of a committee, subcommittee, or division to
10.8which a bill has been referred, or upon the request of the
chief author of the bill, a record
shall
10.9must be made of the vote on the bill
or any amendment in the committee, subcommittee, or
10.10division
, including the vote on any amendment or proposed amendment to it, in the committee,
10.11subcommittee, or division to which the bill was referred.
10.1212.10 [60] Upon request of three members of the committee before the vote is taken, the
10.13record of a roll call vote in a standing committee
shall must accompany the committee report and
10.14be printed in the Journal.
10.1512.11 [61]
No report of any A committee
shall be made to the Senate unless it reports
10.16report may only be based on action taken at a regular or special meeting of the committee. A
10.17report in violation of this rule is out of order.
10.1813. HOUR OF CONVENING [2]
10.19If the Senate adjourns without setting a time to reconvene, the Senate shall convene on
10.20days of meeting the next legislative day at
8:30 10:00 a.m.
unless the Senate directs otherwise.
10.2114. PRESIDENT [3, 4, 55]
10.2214.1 [3] The President shall take the chair at the
hour time to which the Senate adjourned.
10.23The President shall immediately call the members to order and, on the appearance of a quorum,
10.24shall proceed with the regular order of business.
10.2514.2 [4] The President may call a member to preside. In the absence of the President, the
10.26Chair of the Committee on Rules and Administration, or the Chair's designee, shall preside
10.27over the Senate. In the absence of the President and the Chair,
the Senate may select a member
10.28may be selected by the Senate to perform the duties of the President. Substitutions do not extend
10.29beyond adjournment.
11.114.3 [3] The President shall preserve order and decorum, may speak on points of order in
11.2preference to members, and shall also decide all questions of order, subject to an appeal to the
11.3Senate by a member.
11.414.4 [3] An appeal is decided by a majority vote of those present and voting. Upon an
11.5appeal from the decision of the President, the question is, "Shall the decision of the President be
11.6the judgment of the Senate?"
11.714.5 [55]
In addition to the duties under Rule 3, The President shall sign all acts, memorials,
11.8addresses and resolutions. All writs, warrants
, and subpoenas issued by the Senate
shall must be
11.9signed by the President and attested by the Secretary.
11.1014.6 [55] Upon a finding by the Committee on Rules and Administration that the President
11.11refuses or is unable to sign any of the documents described in this rule, the Chair of the Committee
11.12on Rules and Administration, or some other member selected by the committee
, shall assume the
11.13duties of the President under this rule until the President is able to sign the documents described
11.14or until the Senate elects a new President, whichever occurs first.
11.1515. ADMISSION TO SENATE CHAMBER [70]
11.1615.1
The Senate Chamber is reserved for Senate use.
11.1715.2
No A person
shall may not be admitted
within to the Senate Chamber
, but except as
11.18provided in these rules. A member, an officer, the constitutional officers, ex-Governors of the
11.19State of Minnesota, members of the House, judges of the trial and appellate courts and members
11.20of Congress
may be admitted.
11.2115.3
Those who have been Past members of Congress or of the state Legislature who are
11.22not interested in any claim or directly in a bill pending before the Legislature may be personally
11.23admitted by a member of the Senate.
11.2415.4 An employee of either house may be admitted at the request of a member or an
11.25officer of the Senate.
11.2615.5 The head of a department of state government may be admitted by the President.
11.27When a member-elect is sworn in, the member-elect may request that one guest be admitted.
11.2815.6
A member of another state, provincial, or national legislative body may be admitted to
11.29the floor by any member of the Senate. A member of another legislative body who is admitted
11.30to the floor may be introduced to the Senate by the President.
12.115.7 When the Senate is not meeting, a person
who is not a member may be admitted to the
12.2floor at the request of a member or
an officer.
12.315.8
No Public hearings
shall may not be held in the Senate Chamber.
12.415.9 The Retiring Room of the Senate is reserved for the exclusive use of the members of
12.5the Senate at all times. The Sergeant at Arms shall strictly enforce this rule.
12.616. PRIVILEGE OF REPORTERS [71]
12.716.1
Provision shall be made The Secretary shall provide space for news reporters on the
12.8Senate floor in limited numbers, and in the Senate gallery. Because of limited space on the floor,
12.9permanent space is limited to those news agencies
which have that regularly
covered cover the
12.10legislature, namely: The Associated Press, St. Paul Pioneer Press,
St. Paul Legal Ledger, Star
12.11Tribune, Duluth News-Tribune,
Fargo The Forum, Rochester Post-Bulletin, St. Cloud
Daily
12.12Times, WCCO radio, KSTP radio, and Minnesota Public Radio.
The Secretary shall provide an
12.13additional two spaces
shall be provided to other reporters if space is available. One person from
12.14each named agency and one person from the Senate Publications Office may be present at the
12.15press table on the Senate floor at any
one time. Other news media personnel may occupy seats
12.16provided in the Senate gallery.
12.1716.2 The Secretary
of the Senate shall compile and distribute to the public a directory of
12.18reporters accredited to report from the Senate floor. The directory must include each reporter's
12.19picture and news organization and a brief biography.
12.2016.3 The Secretary must issue each accredited reporter an identification badge showing the
12.21reporter's name and news organization.
The reporter must wear the badge when in the Senate
12.22Chamber.
12.2317. DECORUM [71, 72, 73, 74]
12.2417.1 [72] In case of a disturbance or disorderly conduct in the lobbies or galleries, the
12.25President may order them cleared.
12.2617.2 [73]
No introduction of A member may not introduce a visitor or visitors in the
12.27galleries
shall be made from the floor or rostrum of the Senate.
12.2817.3 [74]
No person Smoking is
not permitted
to smoke in the Senate Chamber
or galleries,
12.29the Retiring Room, hearing rooms,
offices, or other spaces under the control of the Senate.
There
12.30shall be no smoking in the visitors section of the galleries.
13.117.4 [72]
During floor proceedings, picture taking by persons other than accredited news
13.2reporters or legislative photographers, picture taking with floodlights or flash units,
hand clapping,
13.3and visual or audible disruptions are prohibited. At all times, demonstrations, and food
and or
13.4beverages
, are prohibited in the Senate Chamber and in the galleries.
13.517.5 [71]
The Committee on Rules and Administration may, through committee action or
13.6by delegating authority to the Secretary, allow Television
filming recording or broadcasting on the
13.7Senate floor
on certain occasions is under the direction of the Secretary.
13.818. ORDER OF BUSINESS [7]
13.918.1 The order of business is as follows:
13.101. Petitions, letters, remonstrances.
13.112. Executive and official communications.
13.123. Messages from the House of Representatives.
13.134. First reading of House bills.
13.145. Reports of committees.
13.15(a) From standing committees.
13.16(b) From select committees.
13.176. Second reading of Senate bills.
13.187. Second reading of House bills.
13.198. Motions and Resolutions.
13.209. Calendar.
13.2110. Consent Calendar.
13.2211. General Orders.
13.2312. Introduction and first reading of Senate bills.
13.2413. Announcements of Senate interest.
13.2518.2 Under the order of business of Motions and Resolutions
, the Senate may by a majority
13.26vote of the whole Senate temporarily revert or proceed to any other order of business.
14.119. PETITIONS AND OTHER COMMUNICATIONS [52]
14.219.1 In presenting a petition, memorial, remonstrance or other communication addressed to
14.3the Senate, a member shall only state the general purpose of it.
14.419.2 Every petition, memorial, remonstrance, resolution, bill and report of committee,
shall
14.5must have an appropriate title, and the name of the member presenting it written on it.
14.619.3
Every written communication distributed to members in the Senate Chamber must
14.7have the name of the member or officer distributing it displayed on it.
14.820. MESSAGES FROM THE HOUSE [7]
14.9A message from the House of Representatives that a Senate bill has been amended, and the
14.10amendment, must be printed and placed on the members' desks before a member may move to
14.11concur in the House amendment. If the amendment has been printed in the House Journal for a
14.12preceding day and is available to the members, the Journal copy may serve as the printed copy.
14.1321. OBJECTIONS TO COMMITTEE REFERRALS [35]
14.14A member may question the proper reference of a bill at the time the bill is reported by a
14.15standing committee to which it was previously referred. When a member questions the reference
14.16of a bill, the bill must be referred without debate to the Committee on Rules and Administration
14.17to report the proper reference. Upon adoption of the report of the Committee on Rules and
14.18Administration, the bill must be referred accordingly.
14.1922. GENERAL ORDERS [11, 40]
14.2022.1 [11] The Secretary shall make a list of all bills, resolutions, reports of committees,
14.21and other proceedings of the Senate
, which that are referred to the Committee of the Whole
14.22and which are not made the order of the day, for a particular day, and number them. The lists are
14.23called the "General Orders".
14.2422.2 [11]
They shall Items on General Orders must be taken up in the order in which they
14.25are numbered unless otherwise ordered by a majority of the committee.
14.2622.3 [11] General Orders, together with all bills
required to be included on it
required
14.27to be printed under the rules or orders of the Senate, shall must be
electronically available or
14.28printed
and placed upon the members' desks at least one calendar day before being considered in
14.29Committee of the Whole.
15.122.4 [40] With the concurrence of the
first chief author of the bill, a majority of the
whole
15.2Senate may at any time take a bill from the table and place it on General Orders.
15.323. COMMITTEE OF THE WHOLE [42, 43, 44]
15.423.1 [42] All bills, memorials, orders, resolutions and votes requiring the approval of the
15.5Governor
shall must, after a second reading, be considered in Committee of the Whole before
15.6they are finally acted upon by the Senate,
except as provided for in Rules 23 [9] and 24 [10]
15.7unless considered on the Consent Calendar or as a Special Order.
15.823.2 [43] The President may call a member to the Chair when the Senate resolves itself
15.9into the Committee of the Whole.
15.1023.3 [43] The rules observed in the Senate govern, as far as practicable, the proceedings of
15.11the Committee of the Whole, and the Chair of the Committee of the Whole has the powers of the
15.12President, as appropriate. However, a member may speak more than twice on the same subject
15.13and a call for the previous question
cannot may not be made.
15.1423.4 [43]
The yeas and nays shall be taken only upon the request of Three members
, and
15.15when taken shall may request a roll call vote. The vote must be recorded in the Journal along
15.16with the amendment.
15.1723.5 [44] The recommendations of the Committee of the Whole
shall must be reported to
15.18the Senate.
If a recommendation contains a proposed amendment of a bill, that amendment
15.19shall be noted on a separate piece of paper but when reported need not be read by the President
15.20unless required by one or more of the members. The question is on the adoption or rejection of
15.21the report, and no other question
shall may be admitted. The question may be divided to permit
15.22separate Senate action on the report as to any bill.
15.2323.6 [44] On adoption of the report of the Committee of the Whole
, all bills recommended
15.24to pass
shall must be placed
upon on the Calendar.
15.2524. CALENDAR [8]
15.2624.1 The Secretary shall make a Calendar of all bills, resolutions and other matters
coming
15.27before the Senate approved by the Committee of the Whole for final action. The Secretary shall
15.28place them on the Calendar in the order in which they have been acted upon in Committee of
15.29the Whole.
15.3024.2 The Calendar
shall must be
electronically available or printed
and placed upon the
15.31members' desks at least one calendar day before the matters on it are considered.
16.125. CONSENT CALENDAR [9]
16.225.1 If a committee determines that a bill it recommends to pass is
of a routine nature or
16.3otherwise of a nature which not likely
will not to be opposed,
it may in its report the committee
16.4may recommend that the bill be placed on the Consent Calendar. If the
committee report is
16.5adopted, the bill
shall must be
electronically available or printed and placed on the Consent
16.6Calendar after its second reading. On the question of adoption of the report
, the question of
16.7accepting the recommendation that the bill be placed on the Consent Calendar may be divided
16.8from the question of adopting the report in other respects.
16.925.2 A majority of the whole Senate, or the Chair of the Committee on Rules and
16.10Administration, may order a bill on General Orders
to be placed on the Consent Calendar.
16.1125.3
The Consent Calendar consists of bills placed on it. Senate bills shall be positioned
16.12ahead of House bills. The Consent Calendar
shall must be
electronically available or printed
and
16.13placed on the members' desks at least one calendar day before the matters on it are considered.
16.1425.4 If a member objects to consideration of a bill on the Consent Calendar at any time
16.15during its consideration in the Senate before the question on final passage is put, and that objection
16.16is supported by at least two other members, the bill
shall be is referred to the Committee of the
16.17Whole, and
shall be placed the Secretary shall place it at the bottom of General Orders subject
16.18to Rule 21.2 [11], except that it need not lie over one calendar day before consideration in the
16.19Committee of the Whole.
16.2026. SPECIAL ORDERS [10]
16.2126.1 The Chair of the Committee on Rules and Administration
, or the Chair's designee
,
16.22may designate a special order for a bill that has been given its second reading.
16.2326.2 A special order
shall may provide that the bill be considered immediately, at a time
16.24certain, or after specific other business is completed.
16.2526.3 During consideration of a special order, Rule 35.5 [20] is suspended.
16.2626.4 As nearly as applicable, debate on the bill and all proceedings including amendments
16.27and substitutions
shall must be
that of conducted as in the Committee of the Whole.
16.2826.5 On any question, a member may
call for the yeas and nays request a roll call vote,
16.29which
shall must be entered in the Journal.
16.3026.6 Unless it is otherwise disposed of, after consideration a bill on Special Orders
of the
16.31Senate shall must immediately proceed to its third reading and final passage.
17.126.7 A bill may not be made a special order if the chief author has declined on three
17.2previous occasions to take the bill up after it was designated a special order.
17.327. MOTIONS [12, 13, 14]
17.427.1 [13] A motion or amendment
shall must be written if
the President or a member
17.5requests.
In that case It must identify the member or committee offering it.
17.627.2 [12] When a motion is made
, it
shall must be stated by the President. If it is in writing
,
17.7it
shall must be handed to the Secretary and read to the members.
17.827.3 [14] After a motion is stated by the President, or read by the Secretary, it is in
17.9possession of the Senate, but may be withdrawn by the author at any time before decision
17.10or amendment.
17.1128. PRECEDENCE OF MOTIONS [15]
17.1228.1 When a question is under debate no motion
shall may be
received made, except:
17.131. To adjourn.
17.142. To recess.
17.153. To reconsider.
17.164. To lay on the table.
17.175. For the previous question.
17.186. To refer.
17.197. To postpone to a day certain.
17.208. To amend.
17.219. To postpone indefinitely.
17.2228.2 Motions numbered 1, 2, 4 and 5 above
shall be decided without debate are not
17.23debatable.
17.2428.3 These
several motions have precedence in the foregoing order; but when a motion for
17.25the previous question has been
seconded made, or the main question ordered, a motion to lay
17.26on the table is not in order.
18.128.4 A motion to postpone to a day certain, to refer, to postpone indefinitely, or to amend,
18.2having been decided,
shall may not again be put on the same day, nor at the same stage of the bill
18.3or proposition.
18.429. MOTION TO ADJOURN [16]
18.5A motion to adjourn
or a motion to adjourn to a time certain is always in order
, and also a
18.6motion to adjourn to a time certain. The latter motion is debatable solely as to the time. When
18.7either motion is rejected
, it
shall may not be renewed until further business has been transacted.
18.830. MOTION TO RECONSIDER [31]
18.930.1 When a motion or question has been
once put and carried in the affirmative or
18.10negative decided,
it is in order for a member who voted with the prevailing side
to may move for
18.11reconsideration on the same day on which the vote was taken or within the next two calendar days
18.12or, if later, the first day the Senate meets after the vote was taken. The motion takes precedence
18.13over all other questions except a motion to adjourn or recess. When a motion to adjourn is adopted
18.14prior to before the disposition of the motion for reconsideration, a motion for reconsideration
18.15shall must lie over until the next succeeding day the Senate meets except as provided in this rule.
18.1630.2 When notice of
intention intent to move reconsideration of the final action of the
18.17Senate on a question is given by a member, the Secretary shall retain the subject of the notice until
18.18after the expiration of the time during which the motion can be made.
18.1930.3
During the six calendar days before the first Tuesday following the third Saturday in
18.20May of any year A notice of
intention intent to move for reconsideration is not in order
after the
18.21Tuesday before the third Saturday in May, but a motion to reconsider may be made
and have
18.22priority over all other business except a motion to adjourn.
18.2330.4 A motion for reconsideration having been once voted on
shall may not be
put made
18.24again nor reconsidered.
18.2531. MOTION FOR THE PREVIOUS QUESTION [29]
18.2631.1 Unless
the a motion for the previous question is made specifically applicable to a
18.27subsidiary motion,
the previous question shall it must be in this form: "Shall the main question
18.28now be put?"
It shall only be admitted when demanded If the motion for the previous question is
18.29supported by a majority of the members present,
and its effect is to put an end to all debate
, and
18.30bring the Senate to a direct vote
upon amendments reported by a committee, if any, then upon all
18.31pending amendments in their order and then upon the main question.
19.131.2 On a motion for the previous question
, a call of the Senate is in order before the
19.2President submits the question to the Senate.
19.331.3 On a
motion for the previous question there is no debate. All incidental questions of
19.4order, arising after a motion is made for the previous question, and pending the motion,
shall must
19.5be decided, whether on appeal or otherwise, without debate.
19.632. MOTION TO REFER [46]
19.7A bill or resolution may be referred to committee at any time
prior to before its passage
,
19.8and. If an amendment is reported on the referral to any
committee other than the Committee of
19.9the Whole, it
shall must again be read the second time, considered in Committee of the Whole,
19.10read the third time and placed on final passage. If the referral is to the Committee of the Whole it
19.11shall must be placed at the head of General Orders, except when the referral is
from the Consent
19.12Calendar under Rule 24.4 [9].
19.1333. MOTION TO AMEND BILL OR RESOLUTION [38, 39, 45]
19.1433.1
A motion to amend must be written if a member requests. It must identify the member
19.15offering it.
19.1633.2 [38] In drawing an amendment to a bill or resolution
, reference
shall must be made
19.17therein, first to the number of the bill, then to the page, and then to the line or lines
from which
19.18matter where language is to be stricken or
in which new matter is to be inserted.
19.1933.3 [45] In filling blanks, the largest sum, the longest time and the greatest distance
shall
19.20must be first taken.
19.2133.4 [39] The title to a bill may be amended
by the Secretary at any time the bill is amended
19.22by the Senate.
19.2333.5 [45]
No An amendment is
not in order
to a bill on
the Calendar or after third reading
19.24without the unanimous consent of the Senate unless it fills a blank, amends the title
as provided by
19.25Rule 32.6 [39], is proposed to the chief author of the bill by the Revisor of Statutes to correct
19.26technical defects found by the Revisor while engrossing earlier amendments to the bill, or is
19.27proposed to a bill on the Consent Calendar before the bill is given its third reading.
19.2834. MOTION TO SUSPEND RULES [17]
19.2934.1 A rule
shall not may be suspended
except by
a vote of at least two-thirds
vote of the
19.30whole Senate.
20.134.2 A motion to suspend the rules for the purpose of advancing a bill
shall may be made
20.2only under the order of business, "Motions and Resolutions".
20.335. GERMANENESS [37]
20.435.1 An amendment proposed to the Senate or to the Committee of the Whole that is
20.5not germane is out of order.
20.635.2 A non-germane amendment includes one that relates to a substantially different
20.7subject, or is intended to accomplish a substantially different purpose, than that of the original
20.8bill to which it is proposed.
20.935.3 An amendment to insert a constitutional amendment is not germane to a bill that does
20.10not already include a constitutional amendment.
20.1135.4 Whether an amendment is germane is
a question to be decided by the President, who
20.12may put the question to the body if the President chooses.
20.1335.5 A motion to remove an amendment placed on a House bill under Rule 44.1 [49] is out
20.14of order if removal of the amendment would make a portion of the House bill not germane to the
20.15Senate companion for which it was substituted.
20.1636. DEBATE [6, 18, 19, 20]
20.1736.1 [18] When a member is about to speak
in debate, or deliver a matter to the Senate,
20.18the member shall rise and respectfully address "Mr. (or Madam) President." The member
shall
20.19may not proceed to speak further until recognized by the President.
20.2036.2 [18] The member shall speak only to the question under debate and avoid personality.
20.2136.3 [18] The member may inform the Senate of the Governor's position on a bill and
20.22on its status in the House of Representatives.
20.2336.4 [18] In discussing a resolution, each member is limited to ten minutes.
20.2436.5 [20]
No A member
shall may not speak more than twice on the same question on the
20.25same day without
leave permission of the Senate.
20.2636.6 [6] When a member is speaking, no one
shall pass may stand between the member
20.27speaking and the President.
20.2836.7 [6]
No A member may
not speak without using a microphone.
21.136.8 All remarks during debate shall be addressed to the
Presiding Officer President;
21.2however, a member may turn toward other members when speaking, rather than facing the
21.3Presiding Officer President.
21.436.9 [6] When the President puts a question, or addresses the Senate, no one
shall may walk
21.5out of or cross the Chamber.
21.636.10 [19] When a member is called to order, the member shall be silent until it is
21.7determined whether or not the member is in order. If a member is called to order for words spoken
21.8in debate, the words excepted to
shall must be taken down in writing by the Secretary immediately.
21.937. ABSENCE OF MEMBERS [5]
21.10No A member or officer of the Senate
shall may not be absent from a session of the Senate
21.11unless excused by the Senate.
The name of a member excused must be printed in the Journal.
21.1238. CALL OF THE SENATE [23]
21.1338.1 A member may impose a call of the Senate requiring the attendance of all members
21.14before any further proceedings occur except a motion to adjourn.
21.1538.2 Upon the imposition of a call,
a member may request a record of those present
shall be
21.16obtained upon the request of any member, and the Sergeant at Arms
instructed to shall bring in
21.17the absent members.
21.1838.3 When the Senate has been placed under call, a member may demand that the doors be
21.19closed and
that no member
be permitted to leave the Chamber until the matter or question, if any,
21.20under consideration at the time of the call is disposed of, or until the call is lifted by a majority
21.21vote of all the members of the
whole Senate, or until the Senate adjourns.
21.2238.4 A majority
vote of all the members of the
whole Senate may excuse
from attendance
21.23members not answering the call.
21.2438.5 A call
cannot may not be
made imposed after voting has commenced.
21.2539. DIVISION OF QUESTION [30]
21.2639.1 A member may call for a division of the question when the
question will admit of it
21.27division is possible. A motion to strike
out and insert is indivisible.
21.2839.2
The defeat of a motion to strike
out being lost does not preclude an amendment nor a
21.29motion to strike
out and insert.
22.140. VOTING [6, 24, 25, 26, 27]
22.240.1 [24]
Questions shall be The President shall distinctly
put state the question before
22.3taking the vote. The President shall declare
all votes but the result of the vote. If a member
rises
22.4to question questions the result of a vote, the President shall order a division.
22.540.2 [25]
Upon a division and count of the Senate on a question, only members present
22.6A member may vote on a question or be counted on a division only at the member's own seat in
22.7the Senate Chamber
shall be counted.
22.8[25] No member may vote on a question except at the member's own seat in the Chamber.
22.940.3 [26] At any time
prior to before the start of voting on a question, a member may
call
22.10for the yeas and nays request a roll call vote, which
shall must be entered in the Journal.
22.1140.4 [27] Unless otherwise ordered, a
roll call vote, except upon elections, may be taken by
22.12means of the electrical voting system
which is under the control of the President.
22.1340.5 [26] A
roll call
for the yeas and nays cannot vote may not be interrupted except
to
22.14close the roll as provided in Rule 40.3 [22].
22.1540.6 [6]
No A member
, or other person
, shall may not proceed to or remain by the
22.16Secretary's desk while
the yeas and nays are a roll call or division is being
called or counted taken.
22.1741. MEMBERS TO VOTE UNLESS EXCUSED [22]
22.1841.1 Every member who is in the Senate Chamber during a roll call shall vote upon the
22.19request of another member unless
, for special reasons, excused by the Senate.
22.2041.2 A motion by a member to be excused from voting
shall must be made before the
22.21question is put. A member wishing to be excused from voting may make a brief statement of
22.22the reason for making the request
and. The question on the motion
shall to excuse must be
22.23taken without further debate.
22.2441.3 When members have had an opportunity to vote and fail to do so, a majority of
all the
22.25members of the
whole Senate may, by motion, direct the President to close the roll.
22.2641.4 The vote on a motion to close the roll
shall must be taken without debate
and. No
22.27member is required to vote on the motion.
22.2842. FINAL PASSAGE [47]
23.1The final question
upon on a bill or other matter requiring action by both Houses after
23.2its first and second reading, and after the consideration in Committee of the Whole, is
upon
23.3on its final passage.
23.443. TRANSMITTING BILLS TO THE HOUSE [48]
23.543.1 Except
when a motion to reconsider has been made as provided in Rule 29 [31],
23.6immediately after the passage of a bill or other matter in which the concurrence of the House of
23.7Representatives is requested, the Secretary shall transmit it to the House.
23.843.2 On the concurrence of a bill or other matter of the House by the Senate, or on the
23.9concurrence or disagreement in a vote of the House, the Secretary shall notify the House.
23.1044. ENGROSSING AND ENROLLING OF BILLS [50]
23.1144.1
The Secretary and the Engrossing Secretary shall ensure that every bill, memorial,
23.12order or resolution originating in the Senate
shall be is carefully engrossed before
being it is
23.13transmitted to the House of Representatives for concurrence.
23.14All engrossing and enrolling of bills shall be done at the direction and under authority of
23.15the Senate.
23.1644.2
All bills shall be carefully enrolled under the supervision of the Committee on Rules
23.17and Administration, which may report to the Senate at any time on the enrollment of bills.
23.18The Secretary shall ensure that every bill, memorial, or resolution originating in the Senate is
23.19carefully enrolled by the Revisor of Statutes before it is presented to the Governor or filed with
23.20the Secretary of State.
23.2145. COMPARISON AND SUBSTITUTION OF BILLS [49]
23.2245.1
Unless there is a motion by the Chair of the Committee on Rules and Administration
23.23or objection under Rule 4 [35], A House bill, after its first reading,
shall must be referred as
23.24follows
, unless there is a motion by the Chair of the Committee on Rules and Administration or a
23.25designee of the Chair or objection under Rule 4.9 [35]:
23.26(a) If there is no Senate companion bill, the House bill
shall must be referred to the
23.27appropriate standing committee
;.
23.28(b) If there is a Senate companion bill, the House bill
shall must be referred to the standing
23.29committee possessing the Senate companion
;.
24.1(c) If the Senate companion bill has been reported to the Senate, the House bill
shall
24.2must be referred to the Committee on Rules and Administration, which shall report whether the
24.3House bill is identical to the Senate companion bill. If the bills are identical, the report
shall
24.4must recommend that the House bill be given its second reading and substituted for the Senate
24.5companion bill and the Senate companion bill be indefinitely postponed. If the House bill is
24.6not identical to the Senate companion bill, the report of the committee
shall so state and must
24.7recommend an amendment to the House bill that when adopted will render the House bill identical
24.8to the Senate bill. Upon adoption of a committee report containing the proposed amendment,
24.9the House bill as amended
shall must be given its second reading and substituted for the Senate
24.10companion bill and the Senate companion bill
shall must be indefinitely postponed.
24.1145.2
The Secretary shall prepare and submit reports
under this rule on behalf of the
24.12Committee on Rules and Administration
pursuant to this rule shall be prepared and submitted
24.13on behalf of the committee by the Secretary.
24.1445.3 A House bill placed on the Calendar by substitution
shall must not be given its third
24.15reading on the same day as the substitution.
24.1646. CONFERENCE COMMITTEES [56]
24.17The Subcommittee on Committees shall appoint all conference committees of the Senate
24.18and report the appointments to the Senate. In the appointment of members of conference
24.19committees between the two houses, the Subcommittee on Committees shall appoint those
24.20who are in accord with the position of the Senate. Whenever practical, the subcommittee shall
24.21give preference to authors of bills in dispute and to members of standing committees in which
24.22the bills were considered.
24.2347. DISPOSITION OF BILLS ON ADJOURNMENT [51]
24.24Adjournment of the regular session in an odd-numbered year to a date certain in the
24.25following year
shall be is equivalent to daily adjournment, except that a bill on the Calendar,
24.26Consent Calendar, or General Orders
shall must be returned to the standing committee other than
24.27the Committee on Rules and Administration from which it was last reported to the Senate, unless
24.28otherwise provided for by motion
prior to before adjournment. Bills returned to committee
24.29pursuant to under this rule
shall must, upon request of the
chief author, be given priority for
24.30consideration by the committee
in the even-numbered year ahead of all other bills in the order in
24.31which they appeared on the Calendar, Consent Calendar, or General Orders.
24.3248. PRINTING AND DISTRIBUTION OF BILLS [41]
25.148.1 Unless otherwise ordered by the Senate, all Senate bills
which that have been reported
25.2upon favorably or without recommendation by a committee
shall must be
electronically available
25.3or printed
prior to before consideration by the Senate or the Committee of the Whole.
25.448.2 A House bill amended by the Senate must be unofficially engrossed and
electronically
25.5available or printed when placed on General Orders.
25.648.3 A bill may be
electronically available or printed by order of the Secretary when
25.7amended after second reading.
25.848.4 A bill
shall must be
electronically available or printed when ordered by
a majority
25.9vote of the Senate.
25.1048.5 Action by the Senate on a bill
which that has not been printed is a waiver of the
25.11printing requirement.
25.1248.6 To the extent practical
, the Secretary shall provide a copy of any bill to the public
25.13and may charge a reasonable fee.
25.1449. JOURNAL AND INDEX [65, 66]
25.1549.1 [65] The Secretary shall keep a correct Journal of the proceedings of the Senate and
25.16shall perform other duties assigned to the Secretary.
25.1749.2 [65] The Secretary shall not permit Journal records, accounts or papers to be taken
25.18from the table or out of the Secretary's custody, other than in the regular mode of business. If
25.19a
paper document in the Secretary's charge is missing, the Secretary shall report the fact to the
25.20President, so that inquiry may be made.
25.2149.3 [65] The Secretary shall
superintend supervise the recording of proceedings in
25.22the Journal, the engrossing, transcribing and copying of
the bills and resolutions,
supervise
25.23the assistants, clerks and stenographers under the direction of the Committee on Rules and
25.24Administration, and generally perform the duties of Secretary, under direction of the
President
25.25Committee on Rules and Administration.
25.2649.4 [66] The Journal of each day's proceedings is open for correction at any time during
25.27the session of the next day the Senate meets. Unless corrected on that day, the Journal stands
25.28approved.
25.2949.5 [65] The Secretary shall keep a record of all Senate and House bills showing the
state,
25.30condition, and progress status of each bill pending, until its final passage.
26.150. TAPE ELECTRONIC RECORDINGS [65]
26.250.1 The Secretary shall cause to be recorded on
magnetic tape electronic media the
26.3proceedings of the Senate, the Committee of the Whole, and each standing committee,
26.4subcommittee, and division. Each
tape shall electronic record must be clearly labeled to show the
26.5name of the body whose proceedings are recorded and the dates the proceedings occurred. Each
26.6tape electronic record of the proceedings of the Senate and the Committee of the Whole
shall
26.7must be accompanied by a log showing the number of each bill considered and the places on the
26.8tape record where consideration of the bill occurred.
26.950.2 Within two working days after each
day the Senate
is in session
, the Secretary shall
26.10make a copy of the
tape electronic record and corresponding log of proceedings of the Senate and
26.11the Committee of the Whole
and deliver the copies available to the Legislative Reference Library.
26.1250.3 Within one week after each meeting of a standing committee, subcommittee, or
26.13division, the Secretary shall
deliver a tape recording make the electronic record of the meeting
26.14available to the Legislative Reference Library, together with an agenda showing bills considered
26.15and any action taken on them.
26.1650.4 Upon completion and approval of the minutes of the meeting,
the Secretary shall
26.17promptly deliver a copy of the minutes
shall be promptly delivered to the Legislative Reference
26.18Library.
26.1950.5 The Secretary shall keep a record of each session of the Senate and the Committee
26.20of the Whole, each meeting of a Senate standing committee, subcommittee, or division and the
26.21date on which
a tape recording the electronic record of the session or meeting was
transmitted
26.22made available to the Legislative Reference Library. The Library shall keep a similar record of all
26.23tapes received electronic records to which it has been given access.
26.2450.6 The Library shall provide committee staff with reasonable access to Senate
tapes
26.25electronic records and shall provide the public with convenient facilities to listen to
the tapes them.
26.2650.7
The Secretary shall make copies of Senate
tapes shall be electronic records available
26.27to the public
from the Secretary, for a fee determined by the Secretary to be adequate to cover
26.28the cost of preparing the copies. A copy
shall must be provided free to a member of the Senate
26.29upon request for use in legislative business.
26.3050.8 The
Secretary shall keep the original
tape electronic record and log of each session
26.31of the Senate and the Committee of the Whole
shall be kept by the Secretary until the end of
26.32the period for which the members of the existing House of Representatives have been elected,
27.1at which time the
tape electronic record may be preserved or disposed of as the Secretary sees
27.2fit.
Tapes The Legislative Reference Library shall keep electronic records, logs, and minutes
27.3forwarded to
the Legislative Reference Library shall be kept by the Library it until two years after
27.4the end of the period for which the members of the existing Senate have been elected, at which
27.5time they may be preserved or disposed of as the Library sees fit.
27.650.9
It is the intention The Senate intends that testimony and discussion preserved under this
27.7rule not be admissible in any court or administrative proceeding on an issue of legislative intent.
27.851. OTHER DUTIES OF SECRETARY [28, 67, 68]
27.951.1 [28]
No The Secretary shall not issue a certificate authorizing the payment of
27.10money
appropriated by the Legislature shall be issued by the Secretary by virtue of a motion
27.11or resolution, unless the motion or resolution is voted for by a majority of
all members of the
27.12whole Senate
upon a call of the yeas and nays on a roll call vote.
27.1351.2 [67] The Secretary
of the Senate and
the Engrossing Secretary
, in all proper cases,
27.14shall correct all mistakes in numbering the sections and reference to them, whether the errors
27.15occur in the original bill or are caused by amendments to it.
27.1651.3 [68] The Secretary is the agent of the Senate for the purchase of supplies and services.
27.17The Secretary's records on purchase of supplies and services are open for inspection
during
27.18normal business hours.
27.1951.4 [68] The Secretary shall adopt administrative controls to ensure that each member
27.20is accountable for the member's own long distance telephone calls and that Senate telephones
27.21are used only for Senate business.
27.2251.5 [68] By the 15th day of April, July, October, and January of each year, the Secretary
27.23of the Senate shall submit a detailed report of Senate expenditures during the previous quarter to
27.24the Committee on Rules and Administration.
27.2551.6
The Secretary's public records may be inspected during normal business hours.
27.2652. SERGEANT AT ARMS [69]
27.27The Sergeant at Arms shall execute all orders of the President and perform all assigned
27.28duties connected with the police and good order of the Senate Chamber; exercise supervision
27.29over the entry and exit of all persons to and from the Chamber; see that messages are promptly
27.30delivered; see that the hall is properly ventilated and the temperature
is properly regulated, and that
28.1it the Chamber is open for the use of members of the Senate at
the time fixed least one-half hour
28.2before the start of a session; and perform all other services pertaining to the office of Sergeant.
28.353. BUDGET AND EXPENDITURES [63]
28.453.1 The Committee on Rules and Administration shall adopt an operating budget for
28.5the Senate.
28.653.2 All propositions for the appointment and payment of employees of the Senate or for
28.7expenditures
on account of the Legislature, other than those provided by law,
shall must be
28.8referred
without debate to the Committee on Rules and Administration
without debate.
28.954. EMPLOYEES [62, 64, 65]
28.1054.1 [62] The Committee on Rules and Administration shall establish positions, set
28.11compensation, appoint employees, and authorize expense reimbursement for employees as it
28.12deems
proper necessary to carry out the work of the Senate. At the request of any committee
28.13member, an action of the committee
shall must be submitted as a Senate resolution for adoption
28.14by the Senate.
28.1554.2 [62]
The Secretary shall keep a roster of all employees of the Senate, including
28.16positions and compensation,
shall be kept by the Secretary and shall be which must be open
28.17for inspection by the public.
28.1854.3 [62] The Secretary shall post, in a public place in the Capitol, a notice of every vacant
28.19position on the permanent staff of the Senate. The notice must remain posted for at least two
28.20weeks, and no vacancy may be filled until the period of posting has elapsed.
28.2154.4 [64] Except as otherwise provided in these rules, the Committee on Rules and
28.22Administration has full and exclusive authority over, and charge of all employees
, officers and
28.23clerks of the Senate both
elective elected and
appointive appointed. The committee has the
28.24sole and exclusive power and authority to assign them to duties other than for which they were
28.25elected or appointed as the committee may
from time to time provide.
The committee has power
28.26to appoint employees, officers or clerks as it deems proper to exercise the power granted to
28.27it by this rule.
28.2854.5 [64] The committee may make
employment rules and regulations
for the government
28.29of the employees, officers and clerks as they see fit. In case of violation of an order of the
28.30committee by an employee,
officer or clerk, or in case of a violation of a rule or regulation made
28.31by the committee, or in case of misconduct or omission by an employee,
officer or clerk, the
28.32Committee on Rules and Administration may hear complaints and discharge the employee
, officer
29.1or clerk or impose
discipline, a fine, or other punishment
by way of fine or otherwise upon the
29.2employee, officer or clerk as the committee deems just and proper.
29.354.6 [65]
The Secretary shall supervise the
assistants, clerks, and stenographers employees
29.4under the direction of the Committee on Rules and Administration
,.
29.555. SUBCOMMITTEE ON ETHICAL CONDUCT [75]
29.655.1 [75] The Subcommittee on Committees shall appoint a Subcommittee on Ethical
29.7Conduct of the Committee on Rules and Administration consisting of four members, two from the
29.8majority
group and two from the minority
group.
29.955.2 [75] The subcommittee shall serve in an advisory capacity to a member or employee
29.10upon written request and shall issue recommendations to the member or employee.
A member
29.11may request the subcommittee to provide its advice on a potential conflict of interest to the
29.12member in private. If so requested, the subcommittee shall conduct its proceedings on the
29.13advisory opinion in private. The request, proceedings on the request, and any advice given by
29.14the subcommittee in response to the request must remain private. The member may not use an
29.15advisory opinion from the subcommittee as a defense to a complaint under this rule unless the
29.16opinion has been adopted by the subcommittee at a public meeting.
29.1755.3 [75] The subcommittee shall investigate a complaint by a member of the Senate in
29.18writing under oath received during a legislative session regarding improper conduct by a member
29.19or employee of the Senate. The subcommittee has the powers of a standing committee to issue
29.20subpoenas
pursuant to under Minnesota Statutes, section 3.153.
29.2155.4 [75] Within 30 days after receiving a complaint, the subcommittee must meet and
29.22either make a finding of no probable cause, vote to defer action until a certain time, or proceed
29.23with its investigation.
29.2455.5 [75] In order to determine whether there is probable cause to believe that improper
29.25conduct has occurred, the subcommittee may, by a vote of three of its members, conduct a
29.26preliminary inquiry in executive session to which the
open meeting requirements of
Rule 11
29.27Rules 11.1 to 11.3 [58] do not apply. The executive session may be ordered by a vote of three of
29.28its members whenever the subcommittee determines that matters relating to probable cause are
29.29likely to be discussed. The executive session must be limited to matters relating to probable cause.
29.30Upon a finding of probable cause, further proceedings on the complaint are open to the public.
30.155.6 [75] The subcommittee may appoint special counsel to provide expert advice on how
30.2to conduct its proceedings. The subcommittee may appoint a suitable person to conduct the
30.3investigation and report findings of fact and recommendations for action to the subcommittee.
30.455.7 [75] If, after investigation, the subcommittee finds the complaint substantiated by
30.5the evidence, it shall recommend to the Committee on Rules and Administration appropriate
30.6disciplinary action.
30.755.8 [75] To minimize disruption of its public proceedings, the subcommittee may require
30.8that television coverage be pooled or be provided by Senate media services.
30.955.9 [75] If criminal proceedings relating to the same conduct have begun, the
30.10subcommittee may defer its
own proceedings until the criminal proceedings have been completed.
30.1155.10
The Senate intends that proceedings of the Subcommittee on Ethical Conduct not be
30.12admissible in any criminal proceeding.
30.1356. STANDARDS OF ETHICAL CONDUCT [75]
30.1456.1 [75] Members shall adhere to the highest standard of ethical conduct as embodied in
30.15the Minnesota Constitution, state law, and these rules.
30.1656.2 [75] A member shall not publish or distribute written material if the member knows or
30.17has reason to know that the material includes any statement that is false or clearly misleading,
30.18concerning a public policy issue or concerning the member's or another member's voting record
30.19or position on a public policy issue.
30.2056.3 [75] Improper conduct includes conduct that
violated violates a rule or administrative
30.21policy of the Senate, that
violated violates accepted norms of Senate behavior, that
betrayed
30.22betrays the public trust, or that
tended tends to bring the Senate into dishonor or disrepute.
30.2357. CONFLICTS OF INTEREST
30.24A member who in the discharge of senatorial duties would be required to take an action or
30.25make a decision that would substantially affect the member's financial interests or those of an
30.26associated business, unless the effect on the member is no greater than on others in the member's
30.27business classification, profession, or occupation, shall disclose the potential conflict of interest
30.28by following the procedure set forth in Minnesota Statutes, section 10A.07.
30.2958. LOBBYISTS [76]
31.158.1 [76] A lobbyist shall not appear before a Senate committee pursuant to the lobbyist's
31.2employment unless the lobbyist is in compliance with the law requiring lobbyist registration,
31.3Minnesota Statutes, sections 10A.03 to 10A.06. A lobbyist, when appearing before a committee,
31.4shall disclose to the committee
those in on whose
interest behalf the lobbyist speaks and the
31.5purpose of the lobbyist's appearance. A lobbyist shall not knowingly furnish false or misleading
31.6information or make a false or misleading statement that is relevant and material to a matter before
31.7the Senate or any of its committees when the lobbyist knows or should know it will influence the
31.8judgment or action of the Senate or any of its committees
thereon, subcommittees, or divisions.
31.958.2 [76] The Subcommittee on Ethical Conduct shall investigate a complaint by a member
31.10of the Senate in writing under oath received during a legislative session
regarding improper
31.11conduct by that a lobbyist
has violated Rule 57.1.
Improper conduct includes conduct that violated
31.12a rule or administrative policy of the Senate, that violated accepted norms of Senate behavior,
31.13that betrayed the public trust, or that tended to bring the Senate into dishonor or disrepute. The
31.14investigatory procedures of Rule 54 [75] apply
, except as provided in this rule. The complaint
31.15and proceedings on the complaint are private until the subcommittee has found probable cause to
31.16believe that a violation of Rule 57.1 has occurred, unless they are made public by the lobbyist
31.17whose conduct is the subject of the complaint or by the vote of at least three members of the
31.18subcommittee.
31.1959. AMENDMENTS TO RULES [17]
31.20Every proposition to amend a rule of the Senate must be referred to the Committee on
31.21Rules and Administration. The proposition
shall may not be acted upon until the report of the
31.22committee is received by the Senate.