KEY: stricken = old language to be removed
         underscored = new language to be added

1.1A Senate resolution
1.2adopting Permanent Rules of the Senate.
1.3
1.4BE IT RESOLVED, by the Senate of the State of Minnesota:
1.5The Permanent Rules of the Senate for the 83rd Legislature
1.6shall read as follows:
1.71. PARLIAMENTARY REFERENCE
1.8The rules of parliamentary practice contained in Mason's
1.9Manual of Legislative Procedure govern the Senate in all cases
1.10in which they are applicable, and in which they are not
1.11inconsistent with these rules and orders of the Senate and the
1.12joint rules and orders of the Senate and House of
1.13Representatives.
1.142. REPORTING OF BILLS
1.15Every bill, memorial, order, resolution or vote requiring
1.16the approval of the Governor must be reported to the Senate on
1.17three different days before its passage.
1.18(a) The first report, called the first reading, is made
1.19when it has been received for introduction.
1.20(b) The second report, called the second reading, is made
1.21when it has been considered by all the necessary standing
1.22committees and is ready for debate.
1.23(c) The third report, called the third reading, is made
1.24when it is ready for final passage.
1.253. BILL INTRODUCTION
1.263.1Bills, memorials, and concurrent or joint resolutions
1.27may be introduced by a member or by a standing committee.
1.283.2The name of the author, authors, or committee must be
1.29written on the bill, memorial or resolution. The number of
1.30authors may not exceed five.
1.313.3An original and three two copies are required for
1.32introduction.
1.333.4A member or a committee desiring to introduce a bill,
1.34memorial or concurrent or joint resolution shall deliver it to
1.35the office of the Secretary, and the Secretary shall promptly
1.36deliver all the bills, memorials or concurrent or joint
2.1resolutions to the President who shall present them to the
2.2Senate.
2.33.5During the period between the last day of the session
2.4in any odd-numbered year and the first day of the session in the
2.5following year, a bill filed with the Secretary for introduction
2.6must be given a file number and may be unofficially referred by
2.7the President, with the approval of the Chair of the Committee
2.8on Rules and Administration, to an appropriate standing
2.9committee of the Senate. All bills filed for introduction
2.10during this period must be presented to the Senate when it
2.11reconvenes and must be referred to the standing committees
2.12previously indicated by the President, subject to objection0to
2.13the referral under Rule4.8.
2.144. BILL REFERRAL
2.154.1The President shall refer each bill without motion to
2.16the proper standing committee unless otherwise referred by the
2.17Senate.
2.184.2A bill or resolution may not be referred to committee
2.19or amended until it has been given its first reading.
2.204.3A member may not object to a bill or resolution on its
2.21introduction.
2.224.4All bills appropriating money, or obligating the state
2.23to pay or expend money, or establishing a policy which to be
2.24effective will require expenditure of money, when referred to
2.25and reported by any other than the committee on Finance, must be
2.26referred before passage to the committee on Finance.
2.274.5All bills delegating rulemaking to a department or
2.28agency of state government and all bills exempting a department
2.29or agency of state government from rulemaking, when referred to
2.30and reported by any other than the Committee on State and Local
2.31Government Operations, must be referred before passage to the
2.32Committee on State and Local Government Operations.
2.334.6All bills creating a new commission, council, task
2.34force, board, or other body to which a member of the legislature
2.35will be appointed must be referred before passage both to the
2.36Committee on State and Local Government Operations and to the
3.1 Committee on Rules and Administration.
3.24.7All bills authorizing or increasing a sentence of
3.3 imprisonment to a state correctional institution must be
3.4 referred before passage to the Committee on Crime Prevention.
3.5 4.8 A bill introduced by a committee need not be referred
3.6to a standing committee unless a question arises. It must lie
3.7over one day before being given its second reading.
3.84.9A member may question the reference of a bill during
3.9the order of business of first reading on the day of
3.10introduction. When a member questions the reference of a bill,
3.11the bill must be referred without debate to the Committee on
3.12Rules and Administration to report the proper reference. Upon
3.13adoption of the report of the Committee on Rules and
3.14Administration, the bill must be referred accordingly.
3.155. RECALL FROM COMMITTEE
3.165.1With the concurrence of the chief author of the bill,
3.17before the deadline for committee action on a bill, a majority
3.18of the whole Senate may recall the bill from a committee and
3.19re-refer it to any other committee or place it on General
3.20Orders. After the committee deadline for action on a bill, 41
3.21affirmative votes of the whole Senate may recall the bill from
3.22any committee and re-refer it to any other committee or place it
3.23on General Orders.
3.245.2By a report of the Committee on Rules and
3.25Administration adopted by the Senate, the Committee on Rules and
3.26Administration, on request of the chief author, may remove a
3.27bill from committee and re-refer it to any other committee or
3.28place it on General Orders.
3.296. RESOLUTIONS
3.306.1Memorial resolutions addressed to the President or the
3.31Congress of the United States, or a house or member of Congress,
3.32or a department or officer of the United States, or a state or
3.33foreign government, joint resolutions, and resolutions requiring
3.34the signature of the Governor must follow the same procedure as
3.35bills before being adopted.
3.366.2A resolution may not be changed to a bill, and a bill
4.1 may not be changed to a resolution.
4.26.3When a member gives notice of intent to debate a
4.3 resolution not required to follow the same procedure as bills
4.4 and not offered by the Committee on Rules and Administration,
4.5 the resolution must lie over one calendar day without debate or
4.6 other action.
4.76.4Upon the request of a member, the resolution must be
4.8 referred to the proper committee. If a question arises
4.9 concerning the proper reference the procedure provided by Rule
4.104.8 applies.
4.117. BUDGET RESOLUTION
4.127.1The Committees on Taxes and on Finance must hold
4.13hearings as necessary to determine state revenues and
4.14appropriations for the fiscal biennium.
4.157.2Within 30 days after the last state general fund
4.16revenue and expenditure forecast for the next fiscal biennium
4.17becomes available during the regular session in the odd-numbered
4.18year, and after receiving from the Committee on Taxes a
4.19resolution containing its recommendation on the maximum limit on
4.20revenues and an amount to be set aside as a budget reserve and a
4.21cash flow account, the Committee on Finance must adopt and
4.22report to the Senate a budget resolution, in the form of a
4.23Senate resolution. The budget resolution must set: (1) the
4.24maximum limit on revenues and net appropriations for the next
4.25fiscal biennium for the general fund; and (2) an amount or
4.26amounts to be set aside as a budget reserve and a cash flow
4.27account. The budget resolution must not specify, limit, or
4.28prescribe revenues or appropriations by any category other than
4.29those specified in clauses (1) and (2). If the Committee on
4.30Finance recommends a maximum limit on revenues or an amount for
4.31the budget reserve or cash flow account that differs from the
4.32amount recommended by the Committee on Taxes, the recommendation
4.33of the Committee on Finance must be referred to the Committee on
4.34Rules and Administration before it may be considered by the
4.35Senate.
4.367.3After the Senate adopts the budget resolution, the
5.1 limits in the resolution are effective during the regular
5.2 session in the year in which the resolution is adopted, unless
5.3the Senate, acting upon a subsequent report of the Committee on
5.4Taxes as to revenues or of the Committee on Finance as to
5.5appropriations, adopts a different limit or limits for the same
5.6fiscal biennium. During the regular session in the
5.7even-numbered year, before the Committee on Finance reports a
5.8bill containing net appropriations in excess of the general fund
5.9appropriations in the current fiscal biennium estimated by the
5.10most recent state budget forecast, the Committee must adopt a
5.11budget resolution that accounts for the net appropriations.
5.12After the Committee adopts the budget resolution, it is
5.13effective during the regular session that year, unless the
5.14Committee adopts a different or amended resolution.
5.157.4Within 14 days after the Senate or the Committee on
5.16Finance adopts a budget resolution, the Committee must adopt, by
5.17resolution, limits for each major appropriation bill identified
5.18in this Rule. After the Committee adopts the resolution, the
5.19limits in the resolution are effective during the regular
5.20session in the year in which the resolution is adopted, unless
5.21the Committee subsequently adopts different or amended limits
5.22for the same fiscal biennium. If the Committee on Finance or
5.23the Senate combines two or more major appropriation bills into
5.24one bill, the limits in the Committee resolution pertaining to
5.25those bills are also combined, and the sum of the combined
5.26limits applies to the combined bill.
5.277.5The major tax and appropriation bills are:
5.28(1) the omnibus tax bill;
5.29(2) the E-12 education appropriations bill;
5.30(3) the higher education appropriation bill;
5.31(4) the environment and, agriculture, and economic
5.32development appropriations bill;
5.33(5) the health, human services and corrections
5.34appropriations bill;
5.35(6) the state government, economic development and the
5.36judiciary appropriations bill;
6.1 (7) the transportation and public safety appropriations
6.2 bill; and
6.3 (8) the omnibus capital investment bill.
6.47.6After the adoption of a resolution by the Senate or by
6.5the Committee on Finance, the Committee on Finance and the
6.6Committee on Taxes must reconcile each bill recommended by the
6.7committee with the resolution or resolutions. When reporting a
6.8bill, the committee must certify to the Senate that the
6.9committee has reconciled the fiscal effect of the bill with the
6.10resolution or resolutions and that the bill, as reported by the
6.11committee, together with other bills reported and expected to be
6.12reported by the committee, does not and will not exceed the
6.13limits specified in either resolution.
6.147.7After the adoption of a resolution by the Senate or the
6.15Committee on Finance, an amendment to a bill is out of order if
6.16it would cause any of the limits specified in either resolution
6.17to be exceeded. Whether an amendment is out of order under this
6.18Rule is a question to be decided in the Senate by the President
6.19and in committee by the committee chair. In making the
6.20determination, the presiding officer may consider:
6.21(1) the limits in a resolution;
6.22(2) the effect of existing laws on revenues and
6.23appropriations;
6.24(3) the effect of amendments previously adopted to the
6.25bill under consideration;
6.26(4) the effect of bills previously recommended by a
6.27committee or bills previously passed in the legislative session
6.28by the Senate or by the Legislature;
6.29(5) whether appropriation increases or revenue decreases
6.30that would result from the amendment are offset by decreases in
6.31other appropriations or increases in other revenue specified by
6.32the amendment; and
6.33(6) other information reasonably related to appropriation
6.34and revenue amounts.
6.358. CONFIRMATIONS
6.368.1Every gubernatorial appointment requiring the advice
7.1 and consent of the Senate must be referred by the President to
7.2 the appropriate committee. If a question arises as to the
7.3 proper committee, the appointment must be referred without
7.4 debate to the Committee on Rules and Administration for a report
7.5 making the proper reference.
7.68.2An appointment referred to committee and not reported
7.7 to the Senate within one year after it was referred is withdrawn
7.8from committee and placed on the confirmation calendar for
7.9consideration by the Senate before adjournment of the regular
7.10session.
7.118.3The final question on the appointment is, "Will the
7.12Senate, having given its advice, now consent to this
7.13appointment?" The question must not be put the same day the
7.14appointment is received or on the day it is reported by
7.15committee except by unanimous consent. Confirmation of the
appointment requires the affirmative vote of a majority of the
whole Senate.
7.169. STANDING COMMITTEES
7.17The standing committees of the Senate are as follows:
7.18Agriculture, Veterans and Gaming
7.19Capital Investment
7.20Commerce
7.21Crime Prevention and Public Safety
7.22Education
Elections
7.23Environment and Natural Resources
7.24Finance
7.25Health and Family Security
7.26Jobs, Energy and Community Development
7.27Judiciary
7.28Rules and Administration
7.29State and Local Government Operations
7.30Taxes
7.3110. APPOINTMENTS TO STANDING COMMITTEES
7.3210.1The majority and minority groups must each be
7.33represented on all standing committees of the Senate
7.34substantially in proportion to their numbers in the Senate. The
7.35majority group shall assign the number of positions the minority
7.36group will hold on each committee. The minority group must be
8.1 given adequate notice of its positions before the session begins.
8.210.2Both the majority and minority groups shall appoint
8.3 their own members to fill the number of positions each group
8.4will hold on each committee and budget division. The minority
8.5group shall transmit notice of its assignments to the majority
8.6group within ten calendar days after receipt of the notice of
8.7positions available. The minority group may designate a ranking
8.8member for each committee. Nothing prohibits a member of the
8.9minority group from serving as chair or vice chair of a
8.10committee, subcommittee, division, or commission. If the
8.11minority group for any reason fails to make its appointments
8.12pursuant to this rule, the majority group may make all the
8.13committee and budget division assignments.
8.1410.3The majority and minority committee assignments are
8.15subject to the uniform criteria governing committee assignments
8.16applicable to both the majority and minority groups. The
8.17uniform criteria must be promulgated by the majority group and
8.18transmitted to the minority group together with notification of
8.19committee and budget division positions available to the
8.20minority.
8.2110.4The Senate resolution establishing representation on
8.22all Senate standing committees must set forth committee
8.23assignments as made by the majority and minority groups.
8.2410.5A member may not serve as the chair of the same
8.25standing committee or the same division of a standing committee,
8.26or a committee or division with substantially the same
8.27jurisdiction, for more than three consecutive Senate terms.
8.28This limit does not apply to the Committee on Rules and
8.29Administration. This limit applies to time served as a chair in
8.30the seventy-eighth legislature and thereafter.
8.3110.6After the organization of the Senate and after
8.32consultation and advice from the minority leader, the Chair of
8.33the Committee on Rules and Administration may add members to or
8.34delete members from the standing committees.
8.3511. APPOINTMENTS BY SUBCOMMITTEE ON COMMITTEES
8.3611.1The Committee on Rules and Administration may
9.1constitute a standing Subcommittee on Committees, the report of
9.2which within its jurisdiction has the effect of a report of the
9.3Committee on Rules and Administration. The subcommittee
9.4consists of five members, one of whom must be a member of the
9.5minority group.
9.611.2Unless otherwise provided, the Subcommittee on
9.7Committees shall appoint all members of commissions or other
9.8bodies authorized to be appointed by the Senate and report the
9.9appointments to the Senate.
9.1012. COMMITTEE MEETINGS
9.1112.1All meetings of the Senate, its committees, committee
9.12divisions, and subcommittees are open to the public. A meeting
9.13of a caucus of the members of any of those bodies from the same
9.14political party need not be open to the public. A caucus of the
9.15Hennepin county, Ramsey county, or St. Louis county delegation
9.16is open to the public. For purposes of this rule, a meeting
9.17occurs when a quorum is present and action is taken regarding a
9.18matter within the jurisdiction of the body.
9.1912.2Any person may submit to the Chair of the Committee on
9.20Rules and Administration a complaint that members have violated
9.21the open meeting requirements of Minnesota Statutes, section
9.223.055. A member of the Senate may submit the complaint either
9.23orally or in writing; others must submit the complaint in
9.24writing. Whether the complaint was written or oral, the Chair
9.25of the Committee on Rules and Administration shall immediately
9.26forward it in writing to the Subcommittee on Ethical Conduct
9.27without disclosing the identity of the complainant. The
9.28complaint must not be further disclosed without the consent of
9.29the complainant, except to the members against whom the
9.30complaint was made, unless the complaint was made by a member of
9.31the Senate in writing under oath, in which case the
9.32investigatory procedures of Rule 55 apply.
9.3312.3To the extent practical, a committee, subcommittee, or
9.34division shall announce each meeting to the public at least
9.35three calendar days before convening. The notice must state the
9.36name of the committee, subcommittee, or division, the bill or
10.1 bills to be considered, and the place and time of meeting. The
10.2 notice must be posted on the Senate's Web site and on all Senate
10.3 bulletin boards in the Capitol and the State Office Building. A
10.4 notice must be sent to the House of Representatives for posting
10.5 as it deems necessary. If the three-day notice requirement
10.6 cannot be met, the committee, subcommittee, or division shall
10.7give simultaneous notice to all of the known proponents and
10.8opponents of the bill as soon as practicable.
10.912.4A Senate committee, subcommittee, or division shall
10.10adjourn no later than 10:00 p.m. each day, unless two-thirds of
10.11the members present vote to suspend this requirement.
10.1212.5Committees, subcommittees, and divisions may not meet
10.13while the Senate is in session without permission of the
10.14Senate. The names of the members excused shall be printed in
10.15the Journal.
10.1612.6A majority of its members constitutes a quorum of a
10.17committee, subcommittee, or division.
10.1812.7Each standing committee of the Senate, including a
10.19subcommittee or division of the committee, may at any time sit
10.20and act, investigate and take testimony on any matter within its
10.21jurisdiction, report hearings held by it, and make expenditures
10.22as authorized by the Committee on Rules and Administration.
10.2312.8A standing committee, but not a subcommittee or
10.24division, may require by subpoena or otherwise the attendance
10.25and testimony of witnesses and the production of correspondence,
10.26books, papers, and documents, in the manner provided by
10.27Minnesota Statutes, section 3.153.
10.2812.9Upon the request of a member of a committee,
10.29subcommittee, or division to which a bill has been referred, or
10.30upon the request of the chief author of the bill, a record must
10.31be made of the vote on the bill or any amendment in the
10.32committee, subcommittee, or division.
10.3312.10Upon request of three members of the committee before
10.34the vote is taken, the record of a roll call vote in a standing
10.35committee must accompany the committee report and be printed in
10.36the Journal.
11.112.11A committee report may only be based on action taken
11.2 at a regular or special meeting of the committee. A report in
11.3violation of this rule is out of order.
11.413. HOUR OF CONVENING
11.5If the Senate adjourns without setting a time to reconvene,
11.6the Senate shall convene on the next legislative day at 10:00
11.7a.m.
11.814. PRESIDENT
11.914.1The President shall take the chair at the time to
11.10which the Senate adjourned. The President shall immediately
11.11call the members to order and, on the appearance of a quorum,
11.12shall proceed with the regular order of business.
11.1314.2The President may call a member to preside. In the
11.14absence of the President, the President Pro Tem, the Chair of
11.15the Committee on Rules and Administration, or the Chair's
11.16designee, shall preside over the Senate. In the absence of the
11.17President and the Chair, the Senate may select a member to
11.18perform the duties of the President. Substitutions do not
11.19extend beyond adjournment.
11.2014.3The President shall preserve order and decorum, may
11.21speak on points of order in preference to members, and shall
11.22also decide all questions of order, subject to an appeal to the
11.23Senate by a member.
11.2414.4An appeal is decided by a majority vote of those
11.25present and voting. Upon an appeal from the decision of the
11.26President, the question is, "Shall the decision of the President
11.27be the judgment of the Senate?"
11.2814.5The President shall sign all acts, memorials,
11.29addresses and resolutions. All writs, warrants, and subpoenas
11.30issued by the Senate must be signed by the President and
11.31attested by the Secretary.
11.3214.6Upon a finding by the Committee on Rules and
11.33Administration that the President refuses or is unable to sign
11.34any of the documents described in this rule, the Chair of the
11.35Committee on Rules and Administration, or some other member
11.36selected by the committee, shall assume the duties of the
12.1 President under this rule until the President is able to sign
12.2 the documents described or until the Senate elects a new
12.3 President, whichever occurs first.
12.4 15. ADMISSION TO SENATE CHAMBER
12.515.1The Senate Chamber is reserved for Senate use.
12.615.2A person may not be admitted to the Senate Chamber
12.7 except as provided in these rules. A member, an officer, the
12.8 constitutional officers, ex-Governors of the State of Minnesota,
12.9 members of the House, judges of the trial and appellate courts
12.10 and members of Congress may be admitted.
12.1115.3Past members of Congress or of the state Legislature
12.12who are not interested in any claim or directly in a bill
12.13pending before the Legislature may be personally admitted by a
12.14member of the Senate.
12.1515.4An employee of either house may be admitted at the
12.16request of a member or an officer of the Senate.
12.1715.5The head of a department of state government may be
12.18admitted by the President.
12.1915.6A member of another state, provincial, or national
12.20legislative body may be admitted to the floor by any member of
12.21the Senate. A member of another legislative body who is
12.22admitted to the floor may be introduced to the Senate by the
12.23President.
12.2415.7When the Senate is not meeting, a person who is not a
12.25member may be admitted to the floor at the request of a member
12.26or an officer.
12.2715.8Public hearings may not be held in the Senate Chamber.
12.2815.9The Retiring Room of the Senate is reserved for the
12.29exclusive use of the members of the Senate at all times. The
12.30Sergeant at Arms shall strictly enforce this rule.
12.3116. PRIVILEGE OF REPORTERS
12.3216.1The Secretary shall provide space for news reporters
12.33on the Senate floor in limited numbers, and in the Senate
12.34gallery. Because of limited space on the floor, permanent space
12.35is limited to those news agencies that regularly cover the
12.36legislature, namely: The Associated Press, St. Paul Pioneer
13.1Press, St. Paul Legal Ledger, Star Tribune, Duluth News-Tribune,
13.2The Forum, Rochester Post-Bulletin, St. Cloud Times, WCCO radio,
13.3KSTP radio, and Minnesota Public Radio. The Secretary shall
13.4provide an additional two spaces to other reporters if space is
13.5available. One person from each named agency and one person
13.6from the Senate Publications Office may be present at the press
13.7table on the Senate floor at any time. Other news media
13.8personnel may occupy seats provided in the Senate gallery.
13.916.2The Secretary shall compile and distribute to the
13.10public a directory of reporters accredited to report from the
13.11Senate floor. The directory must include each reporter's
13.12picture and news organization and a brief biography.
13.1316.3The Secretary must issue each accredited reporter an
13.14identification badge showing the reporter's name and news
13.15organization. The reporter must wear the badge when in the
13.16Senate Chamber.
13.1717. DECORUM
13.1817.1In case of a disturbance or disorderly conduct in the
13.19lobbies or galleries, the President may order them cleared.
13.2017.2A member may not introduce a visitor or visitors in
13.21the galleries from the floor or rostrum of the Senate.
13.2217.3Smoking is not permitted in the Senate Chamber or
13.23galleries, the Retiring Room, hearing rooms, offices, or other
13.24spaces under the control of the Senate.
13.2517.4During floor proceedings, picture taking by persons
13.26other than accredited news or legislative photographers, picture
13.27taking with floodlights or flash units, and visual or audible
13.28disruptions are prohibited. At all times, demonstrations and
13.29food or beverages are prohibited in the Senate Chamber and in
13.30the galleries.
13.3117.5Television recording or broadcasting on the Senate
13.32floor is under the direction of the Secretary.
13.3318. ORDER OF BUSINESS
13.3418.1The order of business is as follows:
13.351. Petitions, letters, remonstrances.
13.362. Executive and official communications.
14.1 3. Messages from the House of Representatives.
14.2 4. First reading of House bills.
14.3 5. Reports of committees.
14.4 (a) From standing committees.
14.5 (b) From select committees.
14.6 6. Second reading of Senate bills.
14.77. Second reading of House bills.
14.88. Motions and Resolutions.
14.99. Calendar.
14.1010. Consent Calendar.
14.1111. General Orders.
14.1212. Introduction and first reading of Senate bills.
14.1313. Announcements of Senate interest.
14.1418.2Under the order of business of Motions and
14.15Resolutions, the Senate may by a majority vote of the whole
14.16Senate temporarily revert or proceed to any other order of
14.17business.
14.1819. PETITIONS AND OTHER COMMUNICATIONS
14.1919.1In presenting a petition, memorial, remonstrance or
14.20other communication addressed to the Senate, a member shall only
14.21state the general purpose of it.
14.2219.2Every petition, memorial, remonstrance, resolution,
14.23bill and report of committee, must have an appropriate title,
14.24and the name of the member presenting it written on it.
14.2519.3Every written communication distributed to members in
14.26the Senate Chamber must have the name of the member or officer
14.27distributing it displayed on it.
14.2820. MESSAGES FROM THE HOUSE
14.29A message from the House of Representatives that a Senate
14.30bill has been amended, and the amendment, must be printed and
14.31placed on the members' desks before a member may move to concur
14.32in the House amendment. If the amendment has been printed in
14.33the House Journal for a preceding day and is available to the
14.34members, the Journal copy may serve as the printed copy.
14.3521. OBJECTIONS TO COMMITTEE REFERRALS
14.36A member may question the proper reference of a bill at the
15.1 time the bill is reported by a standing committee to which it
15.2 was previously referred. When a member questions the reference
15.3 of a bill, the bill must be referred without debate to the
15.4 Committee on Rules and Administration to report the proper
15.5 reference. Upon adoption of the report of the Committee on
15.6 Rules and Administration, the bill must be referred accordingly.
15.7 22. GENERAL ORDERS
15.822.1The Secretary shall make a list of all bills,
15.9 resolutions, reports of committees, and other proceedings of the
15.10Senate that are referred to the Committee of the Whole and
15.11number them. The lists are called the "General Orders".
15.1222.2Items on General Orders must be taken up in the order
15.13in which they are numbered unless otherwise ordered by a
15.14majority of the committee.
15.1522.3General Orders, together with all bills required to be
15.16included on it, must be electronically available or printed at
15.17least one calendar day before being considered in Committee of
15.18the Whole.
15.1922.4With the concurrence of the chief author of the bill,
15.20a majority of the whole Senate may at any time take a bill from
15.21the table and place it on General Orders.
15.2223. COMMITTEE OF THE WHOLE
15.2323.1All bills, memorials, orders, resolutions and votes
15.24requiring the approval of the Governor must, after a second
15.25reading, be considered in Committee of the Whole before they are
15.26finally acted upon by the Senate, unless considered on the
15.27Consent Calendar or as a Special Order.
15.2823.2The President may call a member to the Chair when the
15.29Senate resolves itself into the Committee of the Whole.
15.3023.3The rules observed in the Senate govern, as far as
15.31practicable, the proceedings of the Committee of the Whole, and
15.32the Chair of the Committee of the Whole has the powers of the
15.33President, as appropriate. However, a member may speak more
15.34than twice on the same subject and a call for the previous
15.35question may not be made.
15.3623.4Three members may request a roll call vote. The vote
16.1 must be recorded in the Journal along with the amendment.
16.223.5The recommendations of the Committee of the Whole must
16.3 be reported to the Senate. The question is on the adoption or
16.4rejection of the report, and no other question may be admitted.
16.5The question may be divided to permit separate Senate action on
16.6the report as to any bill.
16.723.6On adoption of the report of the Committee of the
16.8Whole, all bills recommended to pass must be placed on the
16.9Calendar.
16.1024. CALENDAR
16.1124.1The Secretary shall make a Calendar of all bills,
16.12resolutions and other matters approved by the Committee of the
16.13Whole for final action. The Secretary shall place them on the
16.14Calendar in the order in which they have been acted upon in
16.15Committee of the Whole.
16.1624.2The Calendar must be electronically available or
16.17printed at least one calendar day before the matters on it are
16.18considered.
16.1925. CONSENT CALENDAR
16.2025.1If a committee determines that a bill it recommends to
16.21pass is not likely to be opposed, the committee may recommend
16.22that the bill be placed on the Consent Calendar. If the
16.23committee report is adopted, the bill must be electronically
16.24available or printed and placed on the Consent Calendar after
16.25its second reading. On the question of adoption of the report,
16.26the question of accepting the recommendation that the bill be
16.27placed on the Consent Calendar may be divided from the question
16.28of adopting the report in other respects.
16.2925.2A majority of the whole Senate, or the Chair of the
16.30Committee on Rules and Administration, may order a bill on
16.31General Orders placed on the Consent Calendar.
16.3225.3The Consent Calendar must be electronically available
16.33or printed at least one calendar day before the matters on it
16.34are considered.
16.3525.4If a member objects to consideration of a bill on the
16.36Consent Calendar at any time during its consideration in the
17.1 Senate before the question on final passage is put, and that
17.2 objection is supported by at least two other members, the bill
17.3 is referred to the Committee of the Whole, and the Secretary
17.4 shall place it at the bottom of General Orders subject to Rule
17.5 22.2, except that it need not lie over one calendar day before
17.6consideration in the Committee of the Whole.
17.726. SPECIAL ORDERS
17.826.1The Chair of the Committee on Rules and
17.9Administration, or the Chair's designee, may designate a special
17.10order for a bill that has been given its second reading.
17.1126.2A special order may provide that the bill be
17.12considered immediately, at a time certain, or after specific
17.13other business is completed.
17.1426.3During consideration of a special order, Rule36.5is
17.15suspended.
17.1626.4As nearly as applicable, debate on the bill and all
17.17proceedings including amendments and substitutions must be
17.18conducted as in the Committee of the Whole.
17.1926.5On any question, a member may request a roll call
17.20vote, which must be entered in the Journal.
17.2126.6Unless it is otherwise disposed of, after
17.22consideration a bill on Special Orders must immediately proceed
17.23to its third reading and final passage.
17.2426.7A bill may not be made a special order if the chief
17.25author has declined on three previous occasions to take the bill
17.26up after it was designated a special order.
17.2727. MOTIONS
17.2827.1A motion or amendment must be written if a member
17.29requests. It must identify the member or committee offering it.
17.3027.2When a motion is made, it must be stated by the
17.31President. If it is in writing, it must be handed to the
17.32Secretary and read to the members.
17.3327.3After a motion is stated by the President, or read by
17.34the Secretary, it is in possession of the Senate, but may be
17.35withdrawn by the author at any time before decision or amendment.
17.3628. PRECEDENCE OF MOTIONS
18.128.1When a question is under debate no motion may be made,
18.2 except:
18.31. To adjourn.
18.42. To recess.
18.53. To reconsider.
18.64. To lay on the table.
18.75. For the previous question.
18.86. To refer.
18.97. To postpone to a day certain.
18.108. To amend.
18.119. To postpone indefinitely.
18.1228.2Motions numbered 1, 2, 4 and 5 above are not debatable.
18.1328.3These motions have precedence in the foregoing order;
18.14but when a motion for the previous question has been made, or
18.15the main question ordered, a motion to lay on the table is not
18.16in order.
18.1728.4A motion to postpone to a day certain, to refer, to
18.18postpone indefinitely, or to amend, having been decided, may not
18.19again be put on the same day, nor at the same stage of the bill
18.20or proposition.
18.2129. MOTION TO ADJOURN
18.22A motion to adjourn or a motion to adjourn to a time
18.23certain is always in order. The latter motion is debatable
18.24solely as to the time. When either motion is rejected, it may
18.25not be renewed until further business has been transacted.
18.2630. MOTION TO RECONSIDER
18.2730.1When a motion or question has been decided, a member
18.28who voted with the prevailing side may move for reconsideration
18.29on the same day on which the vote was taken or within the next
18.30two calendar days or, if later, the first day the Senate meets
18.31after the vote was taken. The motion takes precedence over all
18.32other questions except a motion to adjourn or recess. When a
18.33motion to adjourn is adopted before the disposition of the
18.34motion for reconsideration, a motion for reconsideration must
18.35lie over until the next succeeding day the Senate meets except
18.36as provided in this rule.
19.130.2When notice of intent to move reconsideration of the
19.2 final action of the Senate on a question is given by a member,
19.3 the Secretary shall retain the subject of the notice until after
19.4the expiration of the time during which the motion can be made.
19.530.3A notice of intent to move for reconsideration is not
19.6in order after the Tuesday before the third Saturday in May, but
19.7a motion to reconsider may be made.
19.830.4A motion for reconsideration having been once voted on
19.9may not be made again nor reconsidered.
19.1031. MOTION FOR THE PREVIOUS QUESTION
19.1131.1Unless a motion for the previous question is made
19.12specifically applicable to a subsidiary motion, it must be in
19.13this form: "Shall the main question now be put?" If the motion
19.14for the previous question is supported by a majority of the
19.15members present, its effect is to put an end to all debate and
19.16bring the Senate to a direct vote upon all pending amendments in
19.17their order and then upon the main question.
19.1831.2On a motion for the previous question, a call of the
19.19Senate is in order before the President submits the question to
19.20the Senate.
19.2131.3On a motion for the previous question there is no
19.22debate. All incidental questions of order, arising after a
19.23motion is made for the previous question, and pending the
19.24motion, must be decided, whether on appeal or otherwise, without
19.25debate.
19.2632. MOTION TO REFER
19.27A bill or resolution may be referred to committee at any
19.28time before its passage. If an amendment is reported on the
19.29referral to any committee other than the Committee of the Whole,
19.30it must again be read the second time, considered in Committee
19.31of the Whole, read the third time and placed on final passage.
19.32If the referral is to the Committee of the Whole it must be
19.33placed at the head of General Orders, except when the referral
19.34is from the Consent Calendar under Rule 25.4.
19.3533. MOTION TO AMEND BILL OR RESOLUTION
19.3633.1A motion to amend must be written if a member
20.1requests. It must identify the member offering it.
20.233.2In drawing an amendment to a bill or resolution,
20.3reference must be made, first to the number of the bill, then to
20.4the page, and then to the line or lines where language is to be
20.5stricken or inserted.
20.633.3In filling blanks, the largest sum, the longest time
20.7and the greatest distance must be first taken.
20.833.4The title to a bill may be amended by the Secretary at
20.9any time the bill is amended by the Senate.
20.1033.5An amendment is not in order to a bill on the Calendar
20.11or after third reading without the unanimous consent of the
20.12Senate unless it fills a blank, amends the title, is proposed to
20.13the chief author of the bill by the Revisor of Statutes to
20.14correct technical defects found by the Revisor while engrossing
20.15earlier amendments to the bill, or is proposed to a bill on the
20.16Consent Calendar before the bill is given its third reading.
20.1734. MOTION TO SUSPEND RULES
20.1834.1A rule may be suspended by a vote of at least
20.19two-thirds of the whole Senate.
20.2034.2A motion to suspend the rules for the purpose of
20.21advancing a bill may be made only under the order of business,
20.22"Motions and Resolutions".
20.2335. GERMANENESS
20.2435.1An amendment proposed to the Senate or to the
20.25Committee of the Whole that is not germane is out of order.
20.2635.2A non-germane amendment includes one that relates to a
20.27substantially different subject, or is intended to accomplish a
20.28substantially different purpose, than that of the original bill
20.29to which it is proposed.
20.3035.3An amendment to insert a constitutional amendment is
20.31not germane to a bill that does not already include a
20.32constitutional amendment.
20.3335.4Whether an amendment is germane is to be decided by
20.34the President, who may put the question to the body if the
20.35President chooses.
20.3635.5A motion to remove an amendment placed on a House bill
21.1under Rule 45.1 is out of order if removal of the amendment
21.2would make a portion of the House bill not germane to the Senate
21.3companion for which it was substituted.
35.6If a House amendment to a Senate bill is not germane to
the Senate bill, a motion to concur in the House amendment is out
of order.
21.436. DEBATE
21.536.1When a member is about to speak to the Senate, the
21.6member shall rise and respectfully address "Mr. (or Madam)
21.7President." The member may not proceed to speak further until
21.8recognized by the President.
21.936.2The member shall speak only to the question under
21.10debate and avoid personality.
21.1136.3The member may inform the Senate of the Governor's
21.12position on a bill and on its status in the House of
21.13Representatives.
21.1436.4In discussing a resolution, each member is limited to
21.15ten minutes.
21.1636.5 A member may not speak more than twice on the same
21.17question on the same day without permission of the Senate.
21.1836.6When a member is speaking, no one may stand between
21.19the member speaking and the President.
21.2036.7A member may not speak without using a microphone.
21.2136.8All remarks during debate shall be addressed to the
21.22President; however, a member may turn toward other members when
21.23speaking, rather than facing the President.
21.2436.9When the President puts a question, or addresses the
21.25Senate, no one may walk out of or cross the Chamber.
21.2636.10When a member is called to order, the member shall be
21.27silent until it is determined whether or not the member is in
21.28order. If a member is called to order for words spoken in
21.29debate, the words excepted to must be taken down in writing by
21.30the Secretary immediately.
21.3137. ABSENCE OF MEMBERS
21.32A member or officer of the Senate may not be absent from a
21.33session of the Senate unless excused by the Senate. The name of
21.34a member excused must be printed in the Journal.
21.3538. CALL OF THE SENATE
21.3638.1 A member may impose a call of the Senate requiring the
22.1 attendance of all members before any further proceedings occur
22.2 except a motion to adjourn.
22.3 38.2 Upon the imposition of a call, a member may request a
22.4 record of those present and the Sergeant at Arms shall bring in
22.5the absent members.
22.638.3 When the Senate has been placed under call, a member
22.7may demand that the doors be closed and that no member be
22.8permitted to leave the Chamber until the matter or question, if
22.9any, under consideration at the time of the call is disposed of,
22.10or until the call is lifted by a majority of the whole Senate,
22.11or until the Senate adjourns.
22.1238.4 A majority of the whole Senate may excuse members not
22.13answering the call.
22.1438.5 A call may not be imposed after voting has commenced.
22.1539. DIVISION OF QUESTION
22.1639.1 A member may call for a division of the question when
22.17the division is possible. A motion to strike and insert is
22.18indivisible.
22.1939.2 The defeat of a motion to strike does not preclude an
22.20amendment nor a motion to strike and insert.
22.2140. VOTING
22.2240.1 The President shall distinctly state the question
22.23before taking the vote. The President shall declare the result
22.24of the vote. If a member questions the result of a vote, the
22.25President shall order a division.
22.2640.2 A member may vote on a question or be counted on a
22.27division only at the member's own seat in the Senate Chamber.
22.2840.3 At any time before the start of voting on a question,
22.29a member may request a roll call vote, which must be entered in
22.30the Journal.
22.3140.4 Unless otherwise ordered, a roll call vote, except
22.32upon elections, may be taken by means of the electrical voting
22.33system under the control of the President.
22.3440.5 A roll call vote may not be interrupted except to
22.35close the roll as provided in Rule 41.3.
22.3640.6 A member or other person may not proceed to or remain
23.1 by the Secretary's desk while a roll call or division is being
23.2 taken.
23.3 41. MEMBERS TO VOTE UNLESS EXCUSED
23.4 41.1 Every member who is in the Senate Chamber during a
23.5 roll call shall vote upon the request of another member unless
23.6 excused by the Senate.
23.741.2 A motion by a member to be excused from voting must be
23.8made before the question is put. A member wishing to be excused
23.9from voting may make a brief statement of the reason for making
23.10the request. The question on the motion to excuse must be taken
23.11without further debate.
23.1241.3 When members have had an opportunity to vote and fail
23.13to do so, a majority of the whole Senate may, by motion, direct
23.14the President to close the roll.
23.1541.4 The vote on a motion to close the roll must be taken
23.16without debate. No member is required to vote on the motion.
23.1742. FINAL PASSAGE
23.18The final question on a bill or other matter requiring
23.19action by both Houses after its first and second reading, and
23.20after the consideration in Committee of the Whole, is on its
23.21final passage.
23.2243. TRANSMITTING BILLS TO THE HOUSE
23.2343.1 Except when a motion to reconsider has been made as
23.24provided in Rule 30, immediately after the passage of a bill or
23.25other matter in which the concurrence of the House of
23.26Representatives is requested, the Secretary shall transmit it to
23.27the House.
23.2843.2 On the concurrence of a bill or other matter of the
23.29House by the Senate, or on the concurrence or disagreement in a
23.30vote of the House, the Secretary shall notify the House.
23.3144. ENGROSSING AND ENROLLING OF BILLS
23.3244.1 The Secretary and the Engrossing Secretary shall
23.33ensure that every bill, memorial, or resolution originating in
23.34the Senate is carefully engrossed before it is transmitted to
23.35the House of Representatives for concurrence.
23.36All engrossing and enrolling of bills shall be done at the
24.1 direction and under authority of the Senate.
24.2 44.2 The Secretary shall ensure that every bill, memorial,
24.3or resolution originating in the Senate is carefully enrolled by
24.4the Revisor of Statutes before it is presented to the Governor
24.5or filed with the Secretary of State.
24.645. COMPARISON AND SUBSTITUTION OF BILLS
24.745.1 A House bill, after its first reading, must be
24.8referred as follows, unless there is a motion by the Chair of
24.9the Committee on Rules and Administration or a designee of the
24.10Chair:
24.11(a) If there is no Senate companion bill, the House bill
must be referred to the appropriate standing committee, unless
there is objection under Rule 4.9.
24.19 (b) If there is a Senate companion bill, the House bill must
be referred to the standing committee possessing the Senate
companion.
24.23 (c) If the Senate companion bill has ben reported to the
Senate, the House bill must be referred to the Committe on Rules
and Administration, which shall report whether the House bill is
identical to the Senate companion bill. If the bills are
identical, the report must recommend that the House bill be
given its second reading and substituted for the Senate
companion bill and the Senate companion bill be indefinitely
postponed. If the House bill is not identical to the Senate
companion bill, the report of the committee must recommend an
amendment to the House bill that when adopted will render the
House bill identical to the Senate bill. Upon adoption of a
committee report containing the proposed amendment, the House
bill as amended must be given its second reading and substituted
for the Senate companion bill and the Senate companion bill must
be indefinitely postponed.
25.12 45.2 The Secretary shall prepare and submit reports under
25.13 this rule on behalf of the Committee on Rules and Administration.
25.14 45.3 A House bill placed on the Calendar by substitution
25.15 must not be given its third reading on the same day as the
25.16 substitution.
25.17 46. CONFERENCE COMMITTEES
25.18 The Subcommittee on Committees shall appoint all conference
25.19 committees of the Senate and report the appointments to the
25.20 Senate. In the appointment of members of conference committees
25.21 between the two houses, the Subcommittee on Committees shall
25.22 appoint those who are in accord with the position of the
25.23 Senate. Whenever practical, the subcommittee shall give
25.24 preference to authors of bills in dispute and to members of
25.25 standing committees in which the bills were considered.
25.26 47. DISPOSITION OF BILLS ON ADJOURNMENT
25.27 Adjournment of the regular session in an odd-numbered year
25.28 to a date certain in the following year is equivalent to daily
25.29 adjournment, except that a bill on the Calendar, Consent
25.30 Calendar, or General Orders must be returned to the standing
25.31 committee other than the Committee on Rules and Administration
25.32 from which it was last reported to the Senate, unless otherwise
25.33 provided for by motion before adjournment. Bills returned to
25.34 committee under this rule must, upon request of the chief
25.35 author, be given priority for consideration by the committee in
25.36 the even-numbered year ahead of all other bills in the order in
26.1 which they appeared on the Calendar, Consent Calendar, or
26.2 General Orders.
26.3 48. PRINTING AND DISTRIBUTION OF BILLS
26.4 48.1 Unless otherwise ordered by the Senate, all Senate
26.5 bills that have been reported upon favorably or without
26.6 recommendation by a committee must be electronically available
26.7 or printed before consideration by the Senate or the Committee
26.8of the Whole.
26.948.2 A House bill amended by the Senate must be
26.10unofficially engrossed and electronically available or printed
26.11when placed on General Orders.
26.1248.3 A bill may be electronically available or printed by
26.13order of the Secretary when amended after second reading.
26.1448.4 A bill must be electronically available or printed
26.15when ordered by the Senate.
26.1648.5 Action by the Senate on a bill that has not been
26.17printed is a waiver of the printing requirement.
26.1848.6 To the extent practical, the Secretary shall provide a
26.19copy of any bill to the public and may charge a reasonable fee.
26.2049. JOURNAL AND INDEX
26.2149.1 The Secretary shall keep a correct Journal of the
26.22proceedings of the Senate and shall perform other duties
26.23assigned to the Secretary.
26.2449.2 The Secretary shall not permit Journal records,
26.25accounts or papers to be taken out of the Secretary's custody,
26.26other than in the regular mode of business. If a document in
26.27the Secretary's charge is missing, the Secretary shall report
26.28the fact to the President, so that inquiry may be made.
26.2949.3 The Secretary shall supervise the recording of
26.30proceedings in the Journal, the engrossing, transcribing and
26.31copying of bills and resolutions, and generally perform the
26.32duties of Secretary, under direction of the Committee on Rules
26.33and Administration.
26.3449.4 The Journal of each day's proceedings is open for
26.35correction at any time during the session of the next day the
26.36Senate meets. Unless corrected on that day, the Journal stands
27.1 approved.
27.2 49.5 The Secretary shall keep a record of all Senate and
27.3 House bills showing the status of each bill pending, until its
27.4final passage.
27.550. ELECTRONIC RECORDINGS
27.650.1 The Secretary shall cause to be recorded on electronic
27.7media the proceedings of the Senate, the Committee of the Whole,
27.8and each standing committee, subcommittee, and division. Each
27.9electronic record must be clearly labeled to show the name of
27.10the body whose proceedings are recorded and the dates the
27.11proceedings occurred. Each electronic record of the proceedings
27.12of the Senate and the Committee of the Whole must be accompanied
27.13by a log showing the number of each bill considered and the
27.14places on the record where consideration of the bill occurred.
27.1550.2 Within two working days after each Senate session, the
27.16Secretary shall make a copy of the electronic record and
27.17corresponding log of proceedings of the Senate and the Committee
27.18of the Whole available to the Legislative Reference Library.
27.1950.3 Within one week after each meeting of a standing
27.20committee, subcommittee, or division, the Secretary shall make
27.21the electronic record of the meeting available to the
27.22Legislative Reference Library, together with an agenda showing
27.23bills considered and any action taken on them.
27.2450.4 Upon completion and approval of the minutes of the
27.25meeting, the Secretary shall promptly deliver a copy of the
27.26minutes to the Legislative Reference Library.
27.2750.5 The Secretary shall keep a record of each session of
27.28the Senate and the Committee of the Whole, each meeting of a
27.29Senate standing committee, subcommittee, or division and the
27.30date on which the electronic record of the session or meeting
27.31was made available to the Legislative Reference Library. The
27.32Library shall keep a similar record of all electronic records to
27.33which it has been given access.
27.3450.6 The Library shall provide committee staff with
27.35reasonable access to Senate electronic records and shall provide
27.36the public with convenient facilities to listen to them.
28.1 50.7 The Secretary shall make copies of Senate electronic
28.2 records available to the public for a fee determined by the
28.3 Secretary to be adequate to cover the cost of preparing the
28.4 copies. A copy must be provided free to a member of the Senate
28.5upon request for use in legislative business.
28.650.8 The Secretary shall keep the original electronic
28.7record and log of each session of the Senate and the Committee
28.8of the Whole until the end of the period for which the members
28.9of the existing House of Representatives have been elected, at
28.10which time the electronic record may be preserved or disposed of
28.11as the Secretary sees fit. The Legislative Reference Library
28.12shall keep electronic records, logs, and minutes forwarded to it
28.13until two years after the end of the period for which the
28.14members of the existing Senate have been elected, at which time
28.15they may be preserved or disposed of as the Library sees fit.
28.1650.9 The Senate intends that testimony and discussion
28.17preserved under this rule not be admissible in any court or
28.18administrative proceeding on an issue of legislative intent.
28.1951. OTHER DUTIES OF SECRETARY
28.2051.1 The Secretary shall not issue a certificate
28.21authorizing the payment of money by virtue of a motion or
28.22resolution, unless the motion or resolution is voted for by a
28.23majority of the whole Senate on a roll call vote.
28.2451.2 The Secretary and the Engrossing Secretary shall
28.25correct all mistakes in numbering the sections and reference to
28.26them, whether the errors occur in the original bill or are
28.27caused by amendments to it.
28.2851.3 The Secretary is the agent of the Senate for the
28.29purchase of supplies and services. The Secretary's records on
28.30purchase of supplies and services are open for inspection.
28.3151.4 The Secretary shall adopt administrative controls to
28.32ensure that each member is accountable for the member's own long
28.33distance telephone calls and that Senate telephones are used
28.34only for Senate business.
28.3551.5 By the 15th day of April, July, October, and January
28.36of each year, the Secretary shall submit a detailed report of
29.1Senate expenditures during the previous quarter to the Committee
29.2on Rules and Administration.
29.351.6 The Secretary's public records may be inspected during
29.4normal business hours.
29.552. SERGEANT AT ARMS
29.6The Sergeant at Arms shall execute all orders of the
29.7President and perform all assigned duties connected with the
29.8police and good order of the Senate Chamber; exercise
29.9supervision over the entry and exit of all persons to and from
29.10the Chamber; see that messages are promptly delivered; see that
29.11the hall is properly ventilated and the temperature is properly
29.12regulated, and that the Chamber is open for the use of members
29.13of the Senate at least one-half hour before the start of a
29.14session; and perform all other services pertaining to the office
29.15of Sergeant.
29.1653. BUDGET AND EXPENDITURES
29.1753.1 The Committee on Rules and Administration shall adopt
29.18an operating budget for the Senate.
29.1953.2 All propositions for the appointment and payment of
29.20employees of the Senate or for expenditures of the Legislature,
29.21other than those provided by law, must be referred without
29.22debate to the Committee on Rules and Administration.
29.2354. EMPLOYEES
29.2454.1 The Committee on Rules and Administration shall
29.25establish positions, set compensation, appoint employees, and
29.26authorize expense reimbursement for employees as it deems
29.27necessary to carry out the work of the Senate. At the request
29.28of any committee member, an action of the committee must be
29.29submitted as a Senate resolution for adoption by the Senate.
29.3054.2 The Secretary shall keep a roster of all employees of
29.31the Senate, including positions and compensation, which must be
29.32open for inspection by the public.
29.3354.3 The Secretary shall post, in a public place in the
29.34Capitol, a notice of every vacant position on the permanent
29.35staff of the Senate. The notice must remain posted for at least
29.36two weeks, and no vacancy may be filled until the period of
30.1 posting has elapsed.
30.2 54.4 Except as otherwise provided in these rules, the
30.3 Committee on Rules and Administration has full and exclusive
30.4 authority over, and charge of all employees of the Senate both
30.5elected and appointed. The committee has the sole and exclusive
30.6power and authority to assign them to duties other than for
30.7which they were elected or appointed as the committee may
30.8provide.
30.954.5 The committee may make employment rules and
30.10regulations. In case of violation of an order of the committee
30.11by an employee, or in case of a violation of a rule or
30.12regulation made by the committee, or in case of misconduct or
30.13omission by an employee, the Committee on Rules and
30.14Administration may hear complaints and discharge the employee or
30.15impose discipline, a fine, or other punishment upon the employee.
30.1654.6 The Secretary shall supervise the employees under the
30.17direction of the Committee on Rules and Administration.
30.1855. SUBCOMMITTEE ON ETHICAL CONDUCT
30.1955.1 The Subcommittee on Committees shall appoint a
30.20Subcommittee on Ethical Conduct of the Committee on Rules and
30.21Administration consisting of four members, two from the majority
30.22group and two from the minority group.
30.2355.2 The subcommittee shall serve in an advisory capacity
30.24to a member or employee upon written request and shall issue
30.25recommendations to the member or employee. A member may request
30.26the subcommittee to provide its advice on a potential conflict
30.27of interest to the member in private. If so requested, the
30.28subcommittee shall conduct its proceedings on the advisory
30.29opinion in private. The request, proceedings on the request,
30.30and any advice given by the subcommittee in response to the
30.31request must remain private. The member may not use an advisory
30.32opinion from the subcommittee as a defense to a complaint under
30.33this rule unless the opinion has been adopted by the
30.34subcommittee at a public meeting.
30.3555.3 The subcommittee shall investigate a complaint by a
30.36member of the Senate in writing under oath received during a
31.1 legislative session before adjournment sine die in the last year
31.2 of a senate term regarding improper conduct by a member or
31.3 employee of the Senate. The subcommittee has the powers of a
31.4standing committee to issue subpoenas under Minnesota Statutes,
31.5section 3.153.
31.655.4 Within 30 days after receiving a complaint, the
31.7subcommittee must meet and either make a finding of no probable
31.8cause, vote to defer action until a certain time, or proceed
31.9with its investigation.
31.1055.5 In order to determine whether there is probable cause
31.11to believe that improper conduct has occurred, the subcommittee
31.12may, by a vote of three of its members, conduct a preliminary
31.13inquiry in executive session to which the open meeting
31.14requirements of Rules 12.1 to 12.3 do not apply. The executive
31.15session may be ordered by a vote of three of its members
31.16whenever the subcommittee determines that matters relating to
31.17probable cause are likely to be discussed. The executive
31.18session must be limited to matters relating to probable cause.
31.19Upon a finding of probable cause, further proceedings on the
31.20complaint are open to the public.
31.2155.6 The subcommittee may appoint special counsel to
31.22provide expert advice on how to conduct its proceedings. The
31.23subcommittee may appoint a suitable person to conduct the
31.24investigation and report findings of fact and recommendations
31.25for action to the subcommittee.
31.2655.7 If, after investigation, the subcommittee finds the
31.27complaint substantiated by the evidence, it shall recommend to
31.28the Committee on Rules and Administration appropriate
31.29disciplinary action.
31.3055.8 To minimize disruption of its public proceedings, the
31.31subcommittee may require that television coverage be pooled or
31.32be provided by Senate media services.
31.3355.9 If criminal proceedings relating to the same conduct
31.34have begun, the subcommittee may defer its proceedings until the
31.35criminal proceedings have been completed.
31.3655.10 The Senate intends that proceedings of the
32.1Subcommittee on Ethical Conduct not be admissible in any
32.2criminal proceeding.
32.356. STANDARDS OF ETHICAL CONDUCT
32.456.1 Members shall adhere to the highest standard of
32.5ethical conduct as embodied in the Minnesota Constitution, state
32.6law, and these rules. This standard applies until the
32.7legislature has adjourned sine die in the last year of a senate
32.8term.
32.956.2 A member shall not publish or distribute written
32.10material if the member knows or has reason to know that the
32.11material includes any statement that is false or clearly
32.12misleading, concerning a public policy issue or concerning the
32.13member's or another member's voting record or position on a
32.14public policy issue.
32.1556.3 Improper conduct includes conduct that violates a rule
32.16or administrative policy of the Senate, that violates accepted
32.17norms of Senate behavior, that betrays the public trust, or that
32.18tends to bring the Senate into dishonor or disrepute.
32.1957. CONFLICTS OF INTEREST
32.20A member who in the discharge of senatorial duties would be
32.21required to take an action or make a decision that would
32.22substantially affect the member's financial interests or those
32.23of an associated business, unless the effect on the member is no
32.24greater than on others in the member's business classification,
32.25profession, or occupation, shall disclose the potential conflict
32.26of interest by following the procedure set forth in Minnesota
32.27Statutes, section 10A.07.
32.2858. LOBBYISTS
32.2958.1 A lobbyist shall not appear before a Senate committee
32.30pursuant to the lobbyist's employment unless the lobbyist is in
32.31compliance with the law requiring lobbyist registration,
32.32Minnesota Statutes, sections 10A.03 to 10A.06. A lobbyist, when
32.33appearing before a committee, shall disclose to the committee on
32.34whose behalf the lobbyist speaks and the purpose of the
32.35lobbyist's appearance. A lobbyist shall not knowingly furnish
32.36false or misleading information or make a false or misleading
33.1 statement that is relevant and material to a matter before the
33.2 Senate or any of its committees when the lobbyist knows or
33.3 should know it will influence the judgment or action of the
33.4 Senate or any of its committees, subcommittees, or divisions.
33.5 58.2 The Subcommittee on Ethical Conduct shall investigate
33.6a complaint by a member of the Senate in writing under oath
33.7received during a legislative session that a lobbyist has
33.8violated Rule 58.1. The investigatory procedures of Rule 55
33.9apply, except as provided in this rule. The complaint and
33.10proceedings on the complaint are private until the subcommittee
33.11has found probable cause to believe that a violation of Rule
33.1258.1 has occurred, unless they are made public by the lobbyist
33.13whose conduct is the subject of the complaint or by the vote of
33.14at least three members of the subcommittee.
33.1559. AMENDMENTS TO RULES
33.16Every proposition to amend a rule of the Senate must be
33.17referred to the Committee on Rules and Administration. The
33.18proposition may not be acted upon until the report of the
33.19committee is received by the Senate.