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S.R. No. 45, as introduced: 84th Legislative Session (2005-2006) Posted on March 3, 2005

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 84th Legislature
1.6shall read as follows:
1.7PERMANENT RULES OF THE SENATE
1.81. PARLIAMENTARY REFERENCE
1.9The rules of parliamentary practice contained in Mason's
1.10Manual of Legislative Procedure govern the Senate in all cases
1.11in which they are applicable, and in which they are not
1.12inconsistent with these rules and orders of the Senate and the
1.13joint rules and orders of the Senate and House of
1.14Representatives.
1.152. REPORTING OF BILLS
1.16Every bill, memorial, order, resolution or vote requiring
1.17the approval of the Governor must be reported to the Senate on
1.18three different days before its passage.
1.19(a) The first report, called the first reading, is made
1.20when it has been received for introduction.
1.21(b) The second report, called the second reading, is made
1.22when it has been considered by all the necessary standing
1.23committees and is ready for debate.
1.24(c) The third report, called the third reading, is made
1.25when it is ready for final passage.
1.263. BILL INTRODUCTION
1.273.1Bills, memorials, and concurrent or joint resolutions
1.28may be introduced by a member or by a standing committee.
1.293.2The name of the author, authors, or committee must be
1.30written on the bill, memorial or resolution. The number of
1.31authors may not exceed five.
1.323.3An original and two copies are required for
1.33introduction.
1.343.4A member or a committee desiring to introduce a bill,
1.35memorial or concurrent or joint resolution shall deliver it to
1.36the office of the Secretary, and the Secretary shall promptly
2.1deliver all the bills, memorials or concurrent or joint
2.2resolutions to the President who shall present them to the
2.3Senate.
2.43.5During the period between the last day of the session
2.5in any odd-numbered year and the first day of the session in the
2.6following year, a bill filed with the Secretary for introduction
2.7must be given a file number and may be unofficially referred by
2.8the President, with the approval of the Chair of the Committee
2.9on Rules and Administration, to an appropriate standing
2.10committee of the Senate. All bills filed for introduction
2.11during this period must be presented to the Senate when it
2.12reconvenes and must be referred to the standing committees
2.13previously indicated by the President, subject to objection to
2.14the referral under Rule4.9.
2.154. BILL REFERRAL
2.164.1The President shall refer each bill without motion to
2.17the proper standing committee unless otherwise referred by the
2.18Senate.
2.194.2A bill or resolution may not be referred to committee
2.20or amended until it has been given its first reading.
2.214.3A member may not object to a bill or resolution on its
2.22introduction.
2.234.4All bills appropriating money, or obligating the state
2.24to pay or expend money, or establishing a policy which to be
2.25effective will require expenditure of money, when referred to
2.26and reported by any other than the Committee on Finance, must be
2.27referred before passage to the Committee on Finance.
2.284.5All bills delegating rulemaking to a department or
2.29agency of state government and all bills exempting a department
2.30or agency of state government from rulemaking, when referred to
2.31and reported by any other than the Committee on State and Local
2.32Government Operations, must be referred before passage to the
2.33Committee on State and Local Government Operations.
2.344.6All bills creating a new commission, council, task
2.35force, board, or other body to which a member of the legislature
2.36will be appointed must be referred before passage both to the
3.1 Committee on State and Local Government Operations and to the
3.2 Committee on Rules and Administration.
3.34.7All bills authorizing or increasing a sentence of
3.4 imprisonment to a state correctional institution must be
3.5 referred before passage to the Committee on Crime Prevention.
3.64.8A bill introduced by a committee need not be referred
3.7to a standing committee unless a question arises. It must lie
3.8over one day before being given its second reading.
3.94.9 A member may question the reference of a bill during
3.10the order of business of first reading on the day of
3.11introduction. When a member questions the reference of a bill,
3.12the bill must be referred without debate to the Committee on
3.13Rules and Administration to report the proper reference. Upon
3.14adoption of the report of the Committee on Rules and
3.15Administration, the bill must be referred accordingly.
3.165. RECALL FROM COMMITTEE
3.175.1With the concurrence of the chief author of the bill,
3.18before the deadline for committee action on a bill, a majority
3.19of the whole Senate may recall the bill from a committee and
3.20re-refer it to any other committee or place it on General
3.21Orders. After the committee deadline for action on a bill, 41
3.22affirmative votes of the whole Senate may recall the bill from
3.23any committee and re-refer it to any other committee or place it
3.24on General Orders.
3.255.2By a report of the Committee on Rules and
3.26Administration adopted by the Senate, the Committee on Rules and
3.27Administration, on request of the chief author, may remove a
3.28bill from committee and re-refer it to any other committee or
3.29place it on General Orders.
3.306. RESOLUTIONS
3.316.1Memorial resolutions addressed to the President or the
3.32Congress of the United States, or a house or member of Congress,
3.33or a department or officer of the United States, or a state or
3.34foreign government, joint resolutions, and resolutions requiring
3.35the signature of the Governor must follow the same procedure as
3.36bills before being adopted.
4.16.2A resolution may not be changed to a bill, and a bill
4.2 may not be changed to a resolution.
4.36.3When a member gives notice of intent to debate a
4.4 resolution not required to follow the same procedure as bills
4.5 and not offered by the Committee on Rules and Administration,
4.6 the resolution must lie over one calendar day without debate or
4.7 other action.
4.86.4Upon the request of a member, the resolution must be
4.9 referred to the proper committee. If a question arises
4.10concerning the proper reference the procedure provided by Rule
4.114.9 applies.
4.127. BUDGET RESOLUTION
4.137.1The Committees on Taxes and on Finance must hold
4.14hearings as necessary to determine state revenues and
4.15appropriations for the fiscal biennium.
4.167.2Within 30 days after the last state general fund
4.17revenue and expenditure forecast for the next fiscal biennium
4.18becomes available during the regular session in the odd-numbered
4.19year, and after receiving from the Committee on Taxes a
4.20resolution containing its recommendation on the maximum limit on
4.21revenues and an amount to be set aside as a budget reserve and a
4.22cash flow account, the Committee on Finance must adopt and
4.23report to the Senate a budget resolution, in the form of a
4.24Senate resolution. The budget resolution must set: (1) the
4.25maximum limit on revenues and net appropriations for the next
4.26fiscal biennium for the general fund; and (2) an amount or
4.27amounts to be set aside as a budget reserve and a cash flow
4.28account. The budget resolution must not specify, limit, or
4.29prescribe revenues or appropriations by any category other than
4.30those specified in clauses (1) and (2). If the Committee on
4.31Finance recommends a maximum limit on revenues or an amount for
4.32the budget reserve or cash flow account that differs from the
4.33amount recommended by the Committee on Taxes, the recommendation
4.34of the Committee on Finance must be referred to the Committee on
4.35Rules and Administration before it may be considered by the
4.36Senate.
5.17.3After the Senate adopts the budget resolution, the
5.2 limits in the resolution are effective during the regular
5.3session in the year in which the resolution is adopted, unless
5.4the Senate, acting upon a subsequent report of the Committee on
5.5Taxes as to revenues or of the Committee on Finance as to
5.6appropriations, adopts a different limit or limits for the same
5.7fiscal biennium. During the regular session in the
5.8even-numbered year, before the Committee on Finance reports a
5.9bill containing net appropriations in excess of the general fund
5.10appropriations in the current fiscal biennium estimated by the
5.11most recent state budget forecast, the Committee must adopt a
5.12budget resolution that accounts for the net appropriations.
5.13After the Committee adopts the budget resolution, it is
5.14effective during the regular session that year, unless the
5.15Committee adopts a different or amended resolution.
5.167.4Within 14 days after the Senate or the Committee on
5.17Finance adopts a budget resolution, the Committee must adopt, by
5.18resolution, limits for each major appropriation bill identified
5.19in this Rule. After the Committee adopts the resolution, the
5.20limits in the resolution are effective during the regular
5.21session in the year in which the resolution is adopted, unless
5.22the Committee subsequently adopts different or amended limits
5.23for the same fiscal biennium. If the Committee on Finance or
5.24the Senate combines two or more major appropriation bills into
5.25one bill, the limits in the Committee resolution pertaining to
5.26those bills are also combined, and the sum of the combined
5.27limits applies to the combined bill.
5.287.5The major tax and appropriation bills are:
5.29(1) the omnibus tax bill;
5.30(2) the early childhood education appropriations bill;
5.31(3) the E-12 K-12 education appropriations bill;
5.32(3) (4) the higher education appropriations bill;
5.33(4) (5) the environment, agriculture, and economic
5.34development appropriations bill;
5.35(5) (6) the health, and human services and corrections
5.36appropriations bill;
6.1 (6) (7) the public safety appropriations bill;
6.2 (8) the state government appropriations bill;
6.3 (7) (9) the transportation appropriations bill; and
6.4 (8) (10) the omnibus capital investment bill.
6.5A major appropriation or tax bill may not be divided.
6.67.6After the adoption of a resolution by the Senate or by
6.7the Committee on Finance, the Committee on Finance and the
6.8Committee on Taxes must reconcile each bill recommended by the
6.9committee with the resolution or resolutions. When reporting a
6.10bill, the committee must certify to the Senate that the
6.11committee has reconciled the fiscal effect of the bill with the
6.12resolution or resolutions and that the bill, as reported by the
6.13committee, together with other bills reported and expected to be
6.14reported by the committee, does not and will not exceed the
6.15limits specified in either resolution.
6.167.7After the adoption of a resolution by the Senate or the
6.17Committee on Finance, an amendment to a bill is out of order if
6.18it would cause any of the limits specified in either resolution
6.19to be exceeded. Whether an amendment is out of order under this
6.20Rule is a question to be decided in the Senate by the President
6.21and in committee by the committee chair. In making the
6.22determination, the presiding officer may consider:
6.23(1) the limits in a resolution;
6.24(2) the effect of existing laws on revenues and
6.25appropriations;
6.26(3) the effect of amendments previously adopted to the
6.27bill under consideration;
6.28(4) the effect of bills previously recommended by a
6.29committee or bills previously passed in the legislative session
6.30by the Senate or by the Legislature;
6.31(5) whether appropriation increases or revenue decreases
6.32that would result from the amendment are offset by decreases in
6.33other appropriations or increases in other revenue specified by
6.34the amendment; and
6.35(6) other information reasonably related to appropriation
6.36and revenue amounts.
7.1 8. CONFIRMATIONS
7.28.1Every gubernatorial appointment requiring the advice
7.3 and consent of the Senate must be referred by the President to
7.4 the appropriate committee. If a question arises as to the
7.5 proper committee, the appointment must be referred without
7.6 debate to the Committee on Rules and Administration for a report
7.7 making the proper reference.
7.88.2An appointment referred to committee and not reported
7.9to the Senate within one year after it was referred is withdrawn
7.10from committee and placed on the confirmation calendar for
7.11consideration by the Senate before adjournment of the regular
7.12session.
7.138.3The final question on the appointment is, "Will the
7.14Senate, having given its advice, now consent to this
7.15appointment?" The question must not be put the same day the
7.16appointment is received or on the day it is reported by
7.17committee except by unanimous consent. Confirmation of the
7.18appointment requires the affirmative vote of a majority of the
7.19whole Senate.
7.209. STANDING COMMITTEES
7.21The standing committees of the Senate are as follows:
7.22Agriculture, Veterans and Gaming
7.23Capital Investment
7.24Commerce
7.25Crime Prevention and Public Safety
7.26Education
7.27Elections
7.28Environment and Natural Resources
7.29Finance
7.30Health and Family Security
7.31Jobs, Energy and Community Development
7.32Judiciary
7.33Rules and Administration
7.34State and Local Government Operations
7.35Taxes
7.36Transportation
8.1 10. APPOINTMENTS TO STANDING COMMITTEES
8.210.1The majority and minority groups must each be
8.3 represented on all standing committees of the Senate
8.4substantially in proportion to their numbers in the Senate. The
8.5majority group shall assign the number of positions the minority
8.6group will hold on each committee. The minority group must be
8.7given adequate notice of its positions before the session begins.
8.810.2Both the majority and minority groups shall appoint
8.9their own members to fill the number of positions each group
8.10will hold on each committee and budget division. The minority
8.11group shall transmit notice of its assignments to the majority
8.12group within ten calendar days after receipt of the notice of
8.13positions available. The minority group may designate a ranking
8.14member for each committee. Nothing prohibits a member of the
8.15minority group from serving as chair or vice chair of a
8.16committee, subcommittee, division, or commission. If the
8.17minority group for any reason fails to make its appointments
8.18pursuant to this rule, the majority group may make all the
8.19committee and budget division assignments.
8.2010.3The majority and minority committee assignments are
8.21subject to the uniform criteria governing committee assignments
8.22applicable to both the majority and minority groups. The
8.23uniform criteria must be promulgated by the majority group and
8.24transmitted to the minority group together with notification of
8.25committee and budget division positions available to the
8.26minority.
8.2710.4The Senate resolution establishing representation on
8.28all Senate standing committees must set forth committee
8.29assignments as made by the majority and minority groups.
8.3010.5A member may not serve as the chair of the same
8.31standing committee or the same division of a standing committee,
8.32or a committee or division with substantially the same
8.33jurisdiction, for more than three consecutive Senate terms.
8.34This limit does not apply to the Committee on Rules and
8.35Administration. This limit applies to time served as a chair in
8.36the seventy-eighth legislature and thereafter.
9.110.6After the organization of the Senate and after
9.2consultation and advice from the minority leader, the Chair of
9.3the Committee on Rules and Administration may add members to or
9.4delete members from the standing committees.
9.511. APPOINTMENTS BY SUBCOMMITTEE ON COMMITTEES
9.611.1The Committee on Rules and Administration may
9.7constitute a standing Subcommittee on Committees, the report of
9.8which within its jurisdiction has the effect of a report of the
9.9Committee on Rules and Administration. The subcommittee
9.10consists of five members, one of whom must be a member of the
9.11minority group.
9.1211.2Unless otherwise provided, the Subcommittee on
9.13Committees shall appoint all members of commissions or other
9.14bodies authorized to be appointed by the Senate and report the
9.15appointments to the Senate.
9.1612. COMMITTEE MEETINGS
9.1712.1All meetings of the Senate, its committees, committee
9.18divisions, and subcommittees are open to the public. A meeting
9.19of a caucus of the members of any of those bodies from the same
9.20political party need not be open to the public. A caucus of the
9.21Hennepin county, Ramsey county, or St. Louis county delegation
9.22is open to the public. For purposes of this rule, a meeting
9.23occurs when a quorum is present and action is taken regarding a
9.24matter within the jurisdiction of the body.
9.2512.2Any person may submit to the Chair of the Committee on
9.26Rules and Administration a complaint that members have violated
9.27the open meeting requirements of Minnesota Statutes, section
9.283.055. A member of the Senate may submit the complaint either
9.29orally or in writing; others must submit the complaint in
9.30writing. Whether the complaint was written or oral, the Chair
9.31of the Committee on Rules and Administration shall immediately
9.32forward it in writing to the Subcommittee on Ethical Conduct
9.33without disclosing the identity of the complainant. The
9.34complaint must not be further disclosed without the consent of
9.35the complainant, except to the members against whom the
9.36complaint was made, unless the complaint was made by a member of
10.1 the Senate in writing under oath, in which case the
10.2 investigatory procedures of Rule 55 apply.
10.312.3To the extent practical, a committee, subcommittee, or
10.4 division shall announce each meeting to the public at least
10.5 three calendar days before convening. The notice must state the
10.6 name of the committee, subcommittee, or division, the bill or
10.7bills to be considered, and the place and time of meeting. The
10.8notice must be posted on the Senate's Web site and on all Senate
10.9bulletin boards in the Capitol and the State Office Building. A
10.10notice must be sent to the House of Representatives for posting
10.11as it deems necessary. If the three-day notice requirement
10.12cannot be met, the committee, subcommittee, or division shall
10.13give simultaneous notice to all of the known proponents and
10.14opponents of the bill as soon as practicable.
10.1512.4A Senate committee, subcommittee, or division shall
10.16adjourn no later than 10:00 p.m. each day, unless two-thirds of
10.17the members present vote to suspend this requirement.
10.1812.5Committees, subcommittees, and divisions may not meet
10.19while the Senate is in session without permission of the
10.20Senate. The names of the members excused shall be printed in
10.21the Journal.
10.2212.6A majority of its members constitutes a quorum of a
10.23committee, subcommittee, or division.
10.2412.7Each standing committee of the Senate, including a
10.25subcommittee or division of the committee, may at any time sit
10.26and act, investigate and take testimony on any matter within its
10.27jurisdiction, report hearings held by it, and make expenditures
10.28as authorized by the Committee on Rules and Administration.
10.2912.8A standing committee, but not a subcommittee or
10.30division, may require by subpoena or otherwise the attendance
10.31and testimony of witnesses and the production of correspondence,
10.32books, papers, and documents, in the manner provided by
10.33Minnesota Statutes, section 3.153.
10.3412.9Upon the request of a member of a committee,
10.35subcommittee, or division to which a bill has been referred, or
10.36upon the request of the chief author of the bill, a record must
11.1 be made of the vote on the bill or any amendment in the
11.2 committee, subcommittee, or division.
11.312.10Upon request of three members of the committee before
11.4the vote is taken, the record of a roll call vote in a standing
11.5committee must accompany the committee report and be printed in
11.6the Journal.
11.712.11A committee report may only be based on action taken
11.8at a regular or special meeting of the committee. A report in
11.9violation of this rule is out of order.
11.1013. HOUR OF CONVENING
11.11If the Senate adjourns without setting a time to reconvene,
11.12the Senate shall convene on the next legislative day at 10:00
11.13a.m.
11.1414. PRESIDENT
11.1514.1The President shall take the chair at the time to
11.16which the Senate adjourned. The President shall immediately
11.17call the members to order and, on the appearance of a quorum,
11.18shall proceed with the regular order of business.
11.1914.2The President may call a member to preside. In the
11.20absence of the President, the President Pro Tem, the Chair of
11.21the Committee on Rules and Administration, or the Chair's
11.22designee, shall preside over the Senate. In the absence of the
11.23President and the Chair, the Senate may select a member to
11.24perform the duties of the President. Substitutions do not
11.25extend beyond adjournment.
11.2614.3The President shall preserve order and decorum, may
11.27speak on points of order in preference to members, and shall
11.28also decide all questions of order, subject to an appeal to the
11.29Senate by a member.
11.3014.4An appeal is decided by a majority vote of those
11.31present and voting. Upon an appeal from the decision of the
11.32President, the question is, "Shall the decision of the President
11.33be the judgment of the Senate?"
11.3414.5The President shall sign all acts, memorials,
11.35addresses and resolutions. All writs, warrants, and subpoenas
11.36issued by the Senate must be signed by the President and
12.1 attested by the Secretary.
12.214.6Upon a finding by the Committee on Rules and
12.3 Administration that the President refuses or is unable to sign
12.4 any of the documents described in this rule, the Chair of the
12.5 Committee on Rules and Administration, or some other member
12.6 selected by the committee, shall assume the duties of the
12.7 President under this rule until the President is able to sign
12.8 the documents described or until the Senate elects a new
12.9 President, whichever occurs first.
12.10 15. ADMISSION TO SENATE CHAMBER
12.1115.1The Senate Chamber is reserved for Senate use.
12.1215.2A person may not be admitted to the Senate Chamber
12.13except as provided in these rules. A member, an officer, the
12.14constitutional officers, ex-Governors of the State of Minnesota,
12.15members of the House, judges of the trial and appellate courts
12.16and members of Congress may be admitted.
12.1715.3Past members of Congress or of the state Legislature
12.18who are not interested in any claim or directly in a bill
12.19pending before the Legislature may be personally admitted by a
12.20member of the Senate.
12.2115.4An employee of either house may be admitted at the
12.22request of a member or an officer of the Senate.
12.2315.5The head of a department of state government may be
12.24admitted by the President.
12.2515.6A member of another state, provincial, or national
12.26legislative body may be admitted to the floor by any member of
12.27the Senate. A member of another legislative body who is
12.28admitted to the floor may be introduced to the Senate by the
12.29President.
12.3015.7When the Senate is not meeting, a person who is not a
12.31member may be admitted to the floor at the request of a member
12.32or an officer.
12.3315.8Public hearings may not be held in the Senate
12.34Chamber. The Senate Chamber may not be used for any commercial
12.35purpose.
12.3615.9The Retiring Room of the Senate is reserved for the
13.1exclusive use of the members of the Senate at all times. The
13.2Sergeant at Arms shall strictly enforce this rule.
13.315.10When a member-elect is sworn in, the member-elect may
13.4request that one guest be admitted until the member-elect has
13.5been sworn in.
13.616. PRIVILEGE OF REPORTERS
13.716.1The Secretary shall provide space for news reporters
13.8on the Senate floor in limited numbers, and in the Senate
13.9gallery. Because of limited space on the floor, permanent space
13.10is limited to those news agencies that regularly cover the
13.11legislature, namely: The Associated Press, St. Paul Pioneer
13.12Press, St. Paul Legal Ledger, Star Tribune, Duluth News-Tribune,
13.13The Forum, Rochester Post-Bulletin, St. Cloud Times, WCCO radio,
13.14KSTP radio, and Minnesota Public Radio, and Minnesota News
13.15Network. The Secretary shall provide an additional two spaces
13.16to other reporters if space is available. One person from each
13.17named agency and one person from the Senate Publications Office
13.18may be present at the press table on the Senate floor at any
13.19time. Other news media personnel may occupy seats provided in
13.20the Senate gallery.
13.2116.2The Secretary shall compile and distribute to the
13.22public a directory of reporters accredited to report from the
13.23Senate floor. The directory must include each reporter's
13.24picture and news organization and a brief biography.
13.2516.3The Secretary must issue each accredited reporter an
13.26identification badge showing the reporter's name and news
13.27organization. The reporter must wear the badge when in the
13.28Senate Chamber.
13.2917. DECORUM
13.3017.1In case of a disturbance or disorderly conduct in the
13.31lobbies or galleries, the President may order them cleared.
13.3217.2A member may not introduce a visitor or visitors in
13.33the galleries from the floor or rostrum of the Senate.
13.3417.3Smoking is not permitted in the Senate Chamber or
13.35galleries, the Retiring Room, hearing rooms, offices, or other
13.36spaces under the control of the Senate.
14.117.4During floor proceedings, picture taking by persons
14.2 other than accredited news or legislative photographers, picture
14.3 taking with floodlights or flash units, and visual or audible
14.4 disruptions are prohibited. At all times, demonstrations and
14.5 food or beverages are prohibited in the Senate Chamber and in
14.6 the galleries.
14.717.5Television recording or broadcasting on the Senate
14.8floor is under the direction of the Secretary.
14.918. ORDER OF BUSINESS
14.1018.1The order of business is as follows:
14.111. Petitions, letters, remonstrances.
14.122. Executive and official communications.
14.133. Messages from the House of Representatives.
14.144. First reading of House bills.
14.155. Reports of committees.
14.16(a) From standing committees.
14.17(b) From select committees.
14.186. Second reading of Senate bills.
14.197. Second reading of House bills.
14.208. Motions and Resolutions.
14.219. Calendar.
14.2210. Consent Calendar.
14.2311. General Orders.
14.2412. Introduction and first reading of Senate bills.
14.2513. Announcements of Senate interest.
14.2618.2Under the order of business of Motions and
14.27Resolutions, the Senate may by a majority vote of the whole
14.28Senate temporarily revert or proceed to any other order of
14.29business.
14.3019. PETITIONS AND OTHER COMMUNICATIONS
14.3119.1In presenting a petition, memorial, remonstrance or
14.32other communication addressed to the Senate, a member shall only
14.33state the general purpose of it.
14.3419.2Every petition, memorial, remonstrance, resolution,
14.35bill and report of committee, must have an appropriate title,
14.36and the name of the member presenting it written on it.
15.119.3Every written communication distributed to members in
15.2 the Senate Chamber must have the name of the member or officer
15.3 distributing it displayed on it.
15.4 20. MESSAGES FROM THE HOUSE
15.5 A message from the House of Representatives that a Senate
15.6 bill has been amended, and the amendment, must be printed and
15.7 placed on the members' desks before a member may move to concur
15.8 in the House amendment. If the amendment has been printed in
15.9 the House Journal for a preceding day and is available to the
15.10 members, the Journal copy may serve as the printed copy.
15.1121. OBJECTIONS TO COMMITTEE REFERRALS
15.12A member may question the proper reference of a bill at the
15.13time the bill is reported by a standing committee to which it
15.14was previously referred. When a member questions the reference
15.15of a bill, the bill must be referred without debate to the
15.16Committee on Rules and Administration to report the proper
15.17reference. Upon adoption of the report of the Committee on
15.18Rules and Administration, the bill must be referred accordingly.
15.1922. GENERAL ORDERS
15.2022.1The Secretary shall make a list of all bills,
15.21resolutions, reports of committees, and other proceedings of the
15.22Senate that are referred to the Committee of the Whole and
15.23number them. The lists are called the "General Orders".
15.2422.2Items on General Orders must be taken up in the order
15.25in which they are numbered unless otherwise ordered by a
15.26majority of the committee.
15.2722.3General Orders, together with all bills required to be
15.28included on it, must be electronically available or printed at
15.29least one calendar day before being considered in Committee of
15.30the Whole.
15.3122.4With the concurrence of the chief author of the bill,
15.32a majority of the whole Senate may at any time take a bill from
15.33the table and place it on General Orders.
15.3423. COMMITTEE OF THE WHOLE
15.3523.1All bills, memorials, orders, resolutions and votes
15.36requiring the approval of the Governor must, after a second
16.1 reading, be considered in Committee of the Whole before they are
16.2 finally acted upon by the Senate, unless considered on the
16.3 Consent Calendar or as a Special Order.
16.423.2The President may call a member to the Chair when the
16.5Senate resolves itself into the Committee of the Whole.
16.623.3The rules observed in the Senate govern, as far as
16.7practicable, the proceedings of the Committee of the Whole, and
16.8the Chair of the Committee of the Whole has the powers of the
16.9President, as appropriate. However, a member may speak more
16.10than twice on the same subject and a call for the previous
16.11question may not be made.
16.1223.4Three members may request a roll call vote. The vote
16.13must be recorded in the Journal along with the amendment.
16.1423.5The recommendations of the Committee of the Whole must
16.15be reported to the Senate. The question is on the adoption or
16.16rejection of the report, and no other question may be admitted.
16.17The question may be divided to permit separate Senate action on
16.18the report as to any bill.
16.1923.6On adoption of the report of the Committee of the
16.20Whole, all bills recommended to pass must be placed on the
16.21Calendar.
16.2224. CALENDAR
16.2324.1The Secretary shall make a Calendar of all bills,
16.24resolutions and other matters approved by the Committee of the
16.25Whole for final action. The Secretary shall place them on the
16.26Calendar in the order in which they have been acted upon in
16.27Committee of the Whole.
16.2824.2The Calendar must be electronically available or
16.29printed at least one calendar day before the matters on it are
16.30considered.
16.3125. CONSENT CALENDAR
16.3225.1If a committee determines that a bill it recommends to
16.33pass is not likely to be opposed, the committee may recommend
16.34that the bill be placed on the Consent Calendar. If the
16.35committee report is adopted, the bill must be electronically
16.36available or printed and placed on the Consent Calendar after
17.1 its second reading. On the question of adoption of the report,
17.2 the question of accepting the recommendation that the bill be
17.3 placed on the Consent Calendar may be divided from the question
17.4 of adopting the report in other respects.
17.525.2A majority of the whole Senate, or the Chair of the
17.6Committee on Rules and Administration, may order a bill on
17.7General Orders placed on the Consent Calendar.
17.825.3The Consent Calendar must be electronically available
17.9or printed at least one calendar day before the matters on it
17.10are considered.
17.1125.4If a member objects to consideration of a bill on the
17.12Consent Calendar at any time during its consideration in the
17.13Senate before the question on final passage is put, and that
17.14objection is supported by at least two other members, the bill
17.15is referred to the Committee of the Whole, and the Secretary
17.16shall place it at the bottom of General Orders subject to Rule
17.1722.2, except that it need not lie over one calendar day before
17.18consideration in the Committee of the Whole.
17.1926. SPECIAL ORDERS
17.2026.1The Chair of the Committee on Rules and
17.21Administration, or the Chair's designee, may designate a special
17.22order for a bill that has been given its second reading.
17.2326.2A special order may provide that the bill be
17.24considered immediately, at a time certain, or after specific
17.25other business is completed.
17.2626.3During consideration of a special order, Rule36.5is
17.27suspended.
17.2826.4As nearly as applicable, debate on the bill and all
17.29proceedings including amendments and substitutions must be
17.30conducted as in the Committee of the Whole.
17.3126.5On any question, a member may request a roll call
17.32vote, which must be entered in the Journal.
17.3326.6Unless it is otherwise disposed of, after
17.34consideration a bill on Special Orders must immediately proceed
17.35to its third reading and final passage.
17.3626.7A bill may not be made a special order if the chief
18.1 author has declined on three previous occasions to take the bill
18.2 up after it was designated a special order.
18.327. MOTIONS
18.427.1A motion or amendment must be written if a member
18.5requests. It must identify the member or committee offering it.
18.627.2When a motion is made, it must be stated by the
18.7President. If it is in writing, it must be handed to the
18.8Secretary and read to the members.
18.927.3After a motion is stated by the President, or read by
18.10the Secretary, it is in possession of the Senate, but may be
18.11withdrawn by the author at any time before decision or amendment.
18.1228. PRECEDENCE OF MOTIONS
18.1328.1When a question is under debate no motion may be made,
18.14except:
18.151. To adjourn.
18.162. To recess.
18.173. To reconsider.
18.184. To lay on the table.
18.195. For the previous question.
18.206. To refer.
18.217. To postpone to a day certain.
18.228. To amend.
18.239. To postpone indefinitely.
18.2428.2Motions numbered 1, 2, 4 and 5 above are not debatable.
18.2528.3These motions have precedence in the foregoing order;
18.26but when a motion for the previous question has been made, or
18.27the main question ordered, a motion to lay on the table is not
18.28in order.
18.2928.4A motion to postpone to a day certain, to refer, to
18.30postpone indefinitely, or to amend, having been decided, may not
18.31again be put on the same day, nor at the same stage of the bill
18.32or proposition.
18.3329. MOTION TO ADJOURN
18.34A motion to adjourn or a motion to adjourn to a time
18.35certain is always in order. The latter motion is debatable
18.36solely as to the time. When either motion is rejected, it may
19.1 not be renewed until further business has been transacted.
19.2 30. MOTION TO RECONSIDER
19.330.1When a motion or question has been decided, a member
19.4who voted with the prevailing side may move for reconsideration
19.5on the same day on which the vote was taken or within the next
19.6two calendar days or, if later, the first day the Senate meets
19.7after the vote was taken. The motion takes precedence over all
19.8other questions except a motion to adjourn or recess. When a
19.9motion to adjourn is adopted before the disposition of the
19.10motion for reconsideration, a motion for reconsideration must
19.11lie over until the next succeeding day the Senate meets except
19.12as provided in this rule.
19.1330.2When notice of intent to move reconsideration of the
19.14final action of the Senate on a question is given by a member,
19.15the Secretary shall retain the subject of the notice until after
19.16the expiration of the time during which the motion can be made.
19.1730.3A notice of intent to move for reconsideration is not
19.18in order after the Tuesday before the third Saturday in May, but
19.19a motion to reconsider may be made.
19.2030.4A motion for reconsideration having been once voted on
19.21may not be made again nor reconsidered.
19.2231. MOTION FOR THE PREVIOUS QUESTION
19.2331.1Unless a motion for the previous question is made
19.24specifically applicable to a subsidiary motion, it must be in
19.25this form: "Shall the main question now be put?" If the motion
19.26for the previous question is supported by a majority of the
19.27members present, its effect is to put an end to all debate and
19.28bring the Senate to a direct vote upon all pending amendments in
19.29their order and then upon the main question.
19.3031.2On a motion for the previous question, a call of the
19.31Senate is in order before the President submits the question to
19.32the Senate.
19.3331.3On a motion for the previous question there is no
19.34debate. All incidental questions of order, arising after a
19.35motion is made for the previous question, and pending the
19.36motion, must be decided, whether on appeal or otherwise, without
20.1debate.
20.232. MOTION TO REFER
20.3A bill or resolution may be referred to committee at any
20.4time before its passage. If an amendment is reported on the
20.5referral to any committee other than the Committee of the Whole,
20.6it must again be read the second time, considered in Committee
20.7of the Whole, read the third time and placed on final passage.
20.8If the referral is to the Committee of the Whole it must be
20.9placed at the head of General Orders, except when the referral
20.10is from the Consent Calendar under Rule 25.4.
20.1133. MOTION TO AMEND BILL OR RESOLUTION
20.1233.1A motion to amend must be written if a member
20.13requests. It must identify the member offering it.
20.1433.2In drawing an amendment to a bill or resolution,
20.15reference must be made, first to the number of the bill, then to
20.16the page, and then to the line or lines where language is to be
20.17stricken or inserted.
20.1833.3In filling blanks, the largest sum, the longest time
20.19and the greatest distance must be first taken.
20.2033.4The title to a bill may be amended by the Secretary at
20.21any time the bill is amended by the Senate.
20.2233.5An amendment is not in order to a bill on the Calendar
20.23or after third reading without the unanimous consent of the
20.24Senate unless it fills a blank, amends the title, is proposed to
20.25the chief author of the bill by the Revisor of Statutes to
20.26correct technical defects found by the Revisor while engrossing
20.27earlier amendments to the bill, or is proposed to a bill on the
20.28Consent Calendar before the bill is given its third reading.
20.2934. MOTION TO SUSPEND RULES
20.3034.1A rule may be suspended by a vote of at least
20.31two-thirds of the whole Senate.
20.3234.2A motion to suspend the rules for the purpose of
20.33advancing a bill may be made only under the order of business,
20.34"Motions and Resolutions".
20.3535. GERMANENESS
20.3635.1An amendment proposed to the Senate or to the
21.1Committee of the Whole that is not germane is out of order.
21.235.2A non-germane amendment includes one that relates to a
21.3substantially different subject, or is intended to accomplish a
21.4substantially different purpose, than that of the original bill
21.5to which it is proposed.
21.635.3An amendment to insert a constitutional amendment is
21.7not germane to a bill that does not already include a
21.8constitutional amendment.
21.935.4Whether an amendment is germane is to be decided by
21.10the President, who may put the question to the body if the
21.11President chooses.
21.1235.5A motion to remove an amendment placed on a House bill
21.13under Rule 45.1 is out of order if removal of the amendment
21.14would make a portion of the House bill not germane to the Senate
21.15companion for which it was substituted.
21.1635.6If a House amendment to a Senate bill is not germane
21.17to the Senate bill, a motion to concur in the House amendment is
21.18out of order.
21.1936. DEBATE
21.2036.1When a member is about to speak to the Senate, the
21.21member shall rise and respectfully address "Mr. (or Madam)
21.22President." The member may not proceed to speak further until
21.23recognized by the President.
21.2436.2The member shall speak only to the question under
21.25debate and avoid personality.
21.2636.3The member may inform the Senate of the Governor's
21.27position on a bill and on its status in the House of
21.28Representatives.
21.2936.4In discussing a resolution, each member is limited to
21.30ten minutes.
21.3136.5 A member may not speak more than twice on the same
21.32question on the same day without permission of the Senate.
21.3336.6When a member is speaking, no one may stand between
21.34the member speaking and the President.
21.3536.7A member may not speak without using a microphone.
21.3636.8All remarks during debate shall be addressed to the
22.1 President.
22.236.9When the President puts a question, or addresses the
22.3 Senate, no one may walk out of or cross the Chamber.
22.436.10When a member is called to order, the member shall be
22.5silent until it is determined whether or not the member is in
22.6order. If a member is called to order for words spoken in
22.7debate, the words excepted to must be taken down in writing by
22.8the Secretary immediately.
22.937. ABSENCE OF MEMBERS
22.10A member or officer of the Senate may not be absent from a
22.11session of the Senate unless excused by the Senate. The name of
22.12a member excused must be printed in the Journal.
22.1338. CALL OF THE SENATE
22.1438.1 A member may impose a call of the Senate requiring the
22.15attendance of all members before any further proceedings occur
22.16except a motion to adjourn.
22.1738.2 Upon the imposition of a call, a member may request a
22.18record of those present and the Sergeant at Arms shall bring in
22.19the absent members.
22.2038.3 When the Senate has been placed under call, a member
22.21may demand that the doors be closed and that no member be
22.22permitted to leave the Chamber until the matter or question, if
22.23any, under consideration at the time of the call is disposed of,
22.24or until the call is lifted by a majority of the whole Senate,
22.25or until the Senate adjourns.
22.2638.4 A majority of the whole Senate may excuse members not
22.27answering the call.
22.2838.5 A call may not be imposed after voting has commenced.
22.2939. DIVISION OF QUESTION
22.3039.1 A member may call for a division of the question when
22.31the division is possible. A motion to strike and insert is
22.32indivisible.
22.3339.2 The defeat of a motion to strike does not preclude an
22.34amendment nor a motion to strike and insert.
22.3540. VOTING
22.3640.1 The President shall distinctly state the question
23.1 before taking the vote. The President shall declare the result
23.2 of the vote. If a member questions the result of a vote, the
23.3 President shall order a division.
23.4 40.2 A member may vote on a question or be counted on a
23.5 division only at the member's own seat in the Senate Chamber.
23.6 40.3 At any time before the start of voting on a question,
23.7a member may request a roll call vote, which must be entered in
23.8the Journal.
23.940.4 Unless otherwise ordered, a roll call vote, except
23.10upon elections, may be taken by means of the electrical voting
23.11system under the control of the President.
23.1240.5 A roll call vote may not be interrupted except to
23.13close the roll as provided in Rule 41.3.
23.1440.6 A member or other person may not proceed to or remain
23.15by the Secretary's desk while a roll call or division is being
23.16taken.
23.1741. MEMBERS TO VOTE UNLESS EXCUSED
23.1841.1 Every member who is in the Senate Chamber during a
23.19roll call shall vote upon the request of another member unless
23.20excused by the Senate.
23.2141.2 A motion by a member to be excused from voting must be
23.22made before the question is put. A member wishing to be excused
23.23from voting may make a brief statement of the reason for making
23.24the request. The question on the motion to excuse must be taken
23.25without further debate.
23.2641.3 When members have had an opportunity to vote and fail
23.27to do so, a majority of the whole Senate may, by motion, direct
23.28the President to close the roll.
23.2941.4 The vote on a motion to close the roll must be taken
23.30without debate. No member is required to vote on the motion.
23.3142. FINAL PASSAGE
23.32The final question on a bill or other matter requiring
23.33action by both Houses after its first and second reading, and
23.34after the consideration in Committee of the Whole, is on its
23.35final passage.
23.3643. TRANSMITTING BILLS TO THE HOUSE
24.1 43.1 Except when a motion to reconsider has been made as
24.2 provided in Rule 30, immediately after the passage of a bill or
24.3other matter in which the concurrence of the House of
24.4Representatives is requested, the Secretary shall transmit it to
24.5the House.
24.643.2 On the concurrence of a bill or other matter of the
24.7House by the Senate, or on the concurrence or disagreement in a
24.8vote of the House, the Secretary shall notify the House.
24.944. ENGROSSING AND ENROLLING OF BILLS
24.1044.1 The Secretary and the Engrossing Secretary shall
24.11ensure that every bill, memorial, or resolution originating in
24.12the Senate is carefully engrossed before it is transmitted to
24.13the House of Representatives for concurrence.
24.14All engrossing and enrolling of bills shall be done at the
24.15direction and under authority of the Senate.
24.1644.2 The Secretary shall ensure that every bill, memorial,
24.17or resolution originating in the Senate is carefully enrolled by
24.18the Revisor of Statutes before it is presented to the Governor
24.19or filed with the Secretary of State.
24.2045. COMPARISON AND SUBSTITUTION OF BILLS
24.2145.1 A House bill, after its first reading, must be
24.22referred as follows, unless there is a motion by the Chair of
24.23the Committee on Rules and Administration or a designee of the
24.24Chair:
24.25(a) If there is no Senate companion bill, the House bill
24.26must be referred to the appropriate standing committee, unless
24.27there is objection under Rule 4.9.
24.28(b) If there is a Senate companion bill, the House bill
24.29must be referred to the standing committee possessing the Senate
24.30companion.
24.31(c) If the Senate companion bill has been reported to the
24.32Senate, the House bill must be referred to the Committee on
24.33Rules and Administration, which shall report whether the House
24.34bill is identical to the Senate companion bill. If the bills
24.35are identical, the report must recommend that the House bill be
24.36given its second reading and substituted for the Senate
25.1 companion bill and the Senate companion bill be indefinitely
25.2 postponed. If the House bill is not identical to the Senate
25.3 companion bill, the report of the committee must recommend an
25.4 amendment to the House bill that when adopted will render the
25.5House bill identical to the Senate bill. Upon adoption of a
25.6committee report containing the proposed amendment, the House
25.7bill as amended must be given its second reading and substituted
25.8for the Senate companion bill and the Senate companion bill must
25.9be indefinitely postponed.
25.1045.2 The Secretary shall prepare and submit reports under
25.11this rule on behalf of the Committee on Rules and Administration.
25.1245.3 A House bill placed on the Calendar by substitution
25.13must not be given its third reading on the same day as the
25.14substitution.
25.1546. CONFERENCE COMMITTEES
25.16The Subcommittee on Committees shall appoint all conference
25.17committees of the Senate and report the appointments to the
25.18Senate. In the appointment of members of conference committees
25.19between the two houses, the Subcommittee on Committees shall
25.20appoint those who are in accord with the position of the
25.21Senate. Whenever practical, the subcommittee shall give
25.22preference to authors of bills in dispute and to members of
25.23standing committees in which the bills were considered.
25.2447. DISPOSITION OF BILLS ON ADJOURNMENT
25.25Adjournment of the regular session in an odd-numbered year
25.26to a date certain in the following year is equivalent to daily
25.27adjournment, except that a bill on the Calendar, Consent
25.28Calendar, or General Orders must be returned to the standing
25.29committee other than the Committee on Rules and Administration
25.30from which it was last reported to the Senate, unless otherwise
25.31provided for by motion before adjournment. Bills returned to
25.32committee under this rule must, upon request of the chief
25.33author, be given priority for consideration by the committee in
25.34the even-numbered year ahead of all other bills in the order in
25.35which they appeared on the Calendar, Consent Calendar, or
25.36General Orders.
26.1 48. PRINTING AND DISTRIBUTION OF BILLS
26.2 48.1 Unless otherwise ordered by the Senate, all Senate
26.3 bills that have been reported upon favorably or without
26.4 recommendation by a committee must be electronically available
26.5 or printed before consideration by the Senate or the Committee
26.6 of the Whole.
26.7 48.2 A House bill amended by the Senate must be
26.8unofficially engrossed and electronically available or printed
26.9when placed on General Orders.
26.1048.3 A bill may be electronically available or printed by
26.11order of the Secretary when amended after second reading.
26.1248.4 A bill must be electronically available or printed
26.13when ordered by the Senate.
26.1448.5 Action by the Senate on a bill that has not been
26.15printed is a waiver of the printing requirement.
26.1648.6 To the extent practical, the Secretary shall provide a
26.17copy of any bill to the public and may charge a reasonable fee.
26.1849. JOURNAL AND INDEX
26.1949.1 The Secretary shall keep a correct Journal of the
26.20proceedings of the Senate and shall perform other duties
26.21assigned to the Secretary.
26.2249.2 The Secretary shall not permit Journal records,
26.23accounts or papers to be taken out of the Secretary's custody,
26.24other than in the regular mode of business. If a document in
26.25the Secretary's charge is missing, the Secretary shall report
26.26the fact to the President, so that inquiry may be made.
26.2749.3 The Secretary shall supervise the recording of
26.28proceedings in the Journal, the engrossing, transcribing and
26.29copying of bills and resolutions, and generally perform the
26.30duties of Secretary, under direction of the Committee on Rules
26.31and Administration.
26.3249.4 The Journal of each day's proceedings is open for
26.33correction at any time during the session of the next day the
26.34Senate meets. Unless corrected on that day, the Journal stands
26.35approved.
26.3649.5 The Secretary shall keep a record of all Senate and
27.1 House bills showing the status of each bill pending, until its
27.2 final passage.
27.3 50. ELECTRONIC RECORDINGS
27.450.1 The Secretary shall cause to be recorded on electronic
27.5media the proceedings of the Senate, the Committee of the Whole,
27.6and each standing committee, subcommittee, and division. Each
27.7electronic record must be clearly labeled to show the name of
27.8the body whose proceedings are recorded and the dates the
27.9proceedings occurred. Each electronic record of the proceedings
27.10of the Senate and the Committee of the Whole must be accompanied
27.11by a log showing the number of each bill considered and the
27.12places on the record where consideration of the bill occurred.
27.1350.2 Within two working days after each Senate session, the
27.14Secretary shall make a copy of the electronic record and
27.15corresponding log of proceedings of the Senate and the Committee
27.16of the Whole available to the Legislative Reference Library.
27.1750.3 Within one week after each meeting of a standing
27.18committee, subcommittee, or division, the Secretary shall make
27.19the electronic record of the meeting available to the
27.20Legislative Reference Library, together with an agenda showing
27.21bills considered and any action taken on them.
27.2250.4 Upon completion and approval of the minutes of the
27.23meeting, the Secretary shall promptly deliver a copy of the
27.24minutes to the Legislative Reference Library.
27.2550.5 The Secretary shall keep a record of each session of
27.26the Senate and the Committee of the Whole, each meeting of a
27.27Senate standing committee, subcommittee, or division and the
27.28date on which the electronic record of the session or meeting
27.29was made available to the Legislative Reference Library. The
27.30Library shall keep a similar record of all electronic records to
27.31which it has been given access.
27.3250.6 The Library shall provide committee staff with
27.33reasonable access to Senate electronic records and shall provide
27.34the public with convenient facilities to listen to them.
27.3550.7 The Secretary shall make copies of Senate electronic
27.36records available to the public for a fee determined by the
28.1 Secretary to be adequate to cover the cost of preparing the
28.2 copies. A copy must be provided free to a member of the Senate
28.3 upon request for use in legislative business.
28.4 50.8 The Secretary shall keep the original electronic
28.5record and log of each session of the Senate and the Committee
28.6of the Whole until the end of the period for which the members
28.7of the existing House of Representatives have been elected, at
28.8which time the electronic record may be preserved or disposed of
28.9as the Secretary sees fit. The Legislative Reference Library
28.10shall keep electronic records, logs, and minutes forwarded to it
28.11until two years after the end of the period for which the
28.12members of the existing Senate have been elected, at which time
28.13they may be preserved or disposed of as the Library sees fit.
28.1450.9 The Senate intends that testimony and discussion
28.15preserved under this rule not be admissible in any court or
28.16administrative proceeding on an issue of legislative intent.
28.1751. OTHER DUTIES OF SECRETARY
28.1851.1 The Secretary shall not issue a certificate
28.19authorizing the payment of money by virtue of a motion or
28.20resolution, unless the motion or resolution is voted for by a
28.21majority of the whole Senate on a roll call vote.
28.2251.2 The Secretary and the Engrossing Secretary shall
28.23correct all mistakes in numbering the sections and reference to
28.24them, whether the errors occur in the original bill or are
28.25caused by amendments to it.
28.2651.3 The Secretary is the agent of the Senate for the
28.27purchase of supplies and services. The Secretary's records on
28.28purchase of supplies and services are open for inspection.
28.2951.4 The Secretary shall adopt administrative controls to
28.30ensure that each member is accountable for the member's own long
28.31distance telephone calls and that Senate telephones are used
28.32only for Senate business.
28.3351.5 By the 15th day of April, July, October, and January
28.34of each year, the Secretary shall submit a detailed report of
28.35Senate expenditures during the previous quarter to the Committee
28.36on Rules and Administration.
29.151.6 The Secretary's public records may be inspected during
29.2normal business hours.
29.352. SERGEANT AT ARMS
29.4The Sergeant at Arms shall execute all orders of the
29.5President and perform all assigned duties connected with the
29.6police and good order of the Senate Chamber; exercise
29.7supervision over the entry and exit of all persons to and from
29.8the Chamber; see that messages are promptly delivered; see that
29.9the hall is properly ventilated and the temperature is properly
29.10regulated, and that the Chamber is open for the use of members
29.11of the Senate at least one-half hour before the start of a
29.12session; and perform all other services pertaining to the office
29.13of Sergeant.
29.1453. BUDGET AND EXPENDITURES
29.1553.1 The Committee on Rules and Administration shall adopt
29.16an operating budget for the Senate.
29.1753.2 All propositions for the appointment and payment of
29.18employees of the Senate or for expenditures of the Legislature,
29.19other than those provided by law, must be referred without
29.20debate to the Committee on Rules and Administration.
29.2154. EMPLOYEES
29.2254.1 The Committee on Rules and Administration shall
29.23establish positions, set compensation, appoint employees, and
29.24authorize expense reimbursement for employees as it deems
29.25necessary to carry out the work of the Senate. At the request
29.26of any committee member, an action of the committee must be
29.27submitted as a Senate resolution for adoption by the Senate.
29.2854.2 The Secretary shall keep a roster of all employees of
29.29the Senate, including positions and compensation, which must be
29.30open for inspection by the public.
29.3154.3 The Secretary shall post, in a public place in the
29.32Capitol, a notice of every vacant position on the permanent
29.33staff of the Senate. The notice must remain posted for at least
29.34two weeks, and no vacancy may be filled until the period of
29.35posting has elapsed.
29.3654.4 Except as otherwise provided in these rules, the
30.1 Committee on Rules and Administration has full and exclusive
30.2 authority over, and charge of all employees of the Senate both
30.3 elected and appointed. The committee has the sole and exclusive
30.4 power and authority to assign them to duties other than for
30.5which they were elected or appointed as the committee may
30.6provide.
30.754.5 The committee may make employment rules and
30.8regulations. In case of violation of an order of the committee
30.9by an employee, or in case of a violation of a rule or
30.10regulation made by the committee, or in case of misconduct or
30.11omission by an employee, the Committee on Rules and
30.12Administration may hear complaints and discharge the employee or
30.13impose discipline, a fine, or other punishment upon the employee.
30.1454.6 The Secretary shall supervise the employees under the
30.15direction of the Committee on Rules and Administration.
30.1655. SUBCOMMITTEE ON ETHICAL CONDUCT
30.1755.1 The Subcommittee on Committees shall appoint a
30.18Subcommittee on Ethical Conduct of the Committee on Rules and
30.19Administration consisting of four members, two from the majority
30.20group and two from the minority group.
30.2155.2 The subcommittee shall serve in an advisory capacity
30.22to a member or employee upon written request and shall issue
30.23recommendations to the member or employee. A member may request
30.24the subcommittee to provide its advice on a potential conflict
30.25of interest to the member in private. If so requested, the
30.26subcommittee shall conduct its proceedings on the advisory
30.27opinion in private. The request, proceedings on the request,
30.28and any advice given by the subcommittee in response to the
30.29request must remain private. The member may not use an advisory
30.30opinion from the subcommittee as a defense to a complaint under
30.31this rule unless the opinion has been adopted by the
30.32subcommittee at a public meeting.
30.3355.3 The subcommittee shall investigate a complaint by a
30.34member of the Senate in writing under oath received before
30.35adjournment sine die in the last year of a senate term or during
30.36a special session held after that time regarding improper
31.1 conduct by a member or employee of the Senate. The subcommittee
31.2 has the powers of a standing committee to issue subpoenas under
31.3 Minnesota Statutes, section 3.153.
31.455.4 Within 30 days after receiving a complaint, the
31.5subcommittee must meet and either make a finding of no probable
31.6cause, vote to defer action until a certain time, or proceed
31.7with its investigation.
31.855.5 In order to determine whether there is probable cause
31.9to believe that improper conduct has occurred, the subcommittee
31.10may, by a vote of three of its members, conduct a preliminary
31.11inquiry in executive session to which the open meeting
31.12requirements of Rules 12.1 to 12.3 do not apply. The executive
31.13session may be ordered by a vote of three of its members
31.14whenever the subcommittee determines that matters relating to
31.15probable cause are likely to be discussed. The executive
31.16session must be limited to matters relating to probable cause.
31.17Upon a finding of probable cause, further proceedings on the
31.18complaint are open to the public.
31.1955.6 The subcommittee may appoint special counsel to
31.20provide expert advice on how to conduct its proceedings. The
31.21subcommittee may appoint a suitable person to conduct the
31.22investigation and report findings of fact and recommendations
31.23for action to the subcommittee.
31.2455.7 If, after investigation, the subcommittee finds the
31.25complaint substantiated by the evidence, it shall recommend to
31.26the Committee on Rules and Administration appropriate
31.27disciplinary action.
31.2855.8 To minimize disruption of its public proceedings, the
31.29subcommittee may require that television coverage be pooled or
31.30be provided by Senate media services.
31.3155.9 If criminal proceedings relating to the same conduct
31.32have begun, the subcommittee may defer its proceedings until the
31.33criminal proceedings have been completed.
31.3455.10 The Senate intends that proceedings of the
31.35Subcommittee on Ethical Conduct not be admissible in any
31.36criminal proceeding.
32.156. STANDARDS OF ETHICAL CONDUCT
32.256.1 Members shall adhere to the highest standard of
32.3ethical conduct as embodied in the Minnesota Constitution, state
32.4law, and these rules. This standard applies until the
32.5legislature has adjourned sine die in the last year of a senate
32.6term.
32.756.2 A member shall not publish or distribute written
32.8material if the member knows or has reason to know that the
32.9material includes any statement that is false or clearly
32.10misleading, concerning a public policy issue or concerning the
32.11member's or another member's voting record or position on a
32.12public policy issue.
32.1356.3 Improper conduct includes conduct that violates a rule
32.14or administrative policy of the Senate, that violates accepted
32.15norms of Senate behavior, that betrays the public trust, or that
32.16tends to bring the Senate into dishonor or disrepute.
32.1757. CONFLICTS OF INTEREST
32.18A member who in the discharge of senatorial duties would be
32.19required to take an action or make a decision that would
32.20substantially affect the member's financial interests or those
32.21of an associated business, unless the effect on the member is no
32.22greater than on others in the member's business classification,
32.23profession, or occupation, shall disclose the potential conflict
32.24of interest by following the procedure set forth in Minnesota
32.25Statutes, section 10A.07.
32.2658. LOBBYISTS
32.2758.1 A lobbyist shall not appear before a Senate committee
32.28pursuant to the lobbyist's employment unless the lobbyist is in
32.29compliance with the law requiring lobbyist registration,
32.30Minnesota Statutes, sections 10A.03 to 10A.06. A lobbyist, when
32.31appearing before a committee, shall disclose to the committee on
32.32whose behalf the lobbyist speaks and the purpose of the
32.33lobbyist's appearance.
32.3458.2 A lobbyist shall not knowingly, either directly or
32.35through a third party, furnish false or misleading information
32.36or make a false or misleading statement that is relevant and
33.1 material to a matter before the Senate or any of its committees
33.2 when the lobbyist knows or should know it will influence the
33.3 judgment or action of the Senate or any of its committees,
33.4 subcommittees, or divisions.
33.5 58.2 58.3 The Subcommittee on Ethical Conduct shall
33.6investigate a complaint by a member of the Senate in writing
33.7under oath received during a legislative session before
33.8adjournment sine die in the last year of a Senate term or during
33.9a special session held after that time that a lobbyist has
33.10violated Rule 58.1 or 58.2. The investigatory procedures of
33.11Rule 55 apply, except as provided in this rule. The complaint
33.12and proceedings on the complaint are private until the
33.13subcommittee has found probable cause to believe that a
33.14violation of Rule 58.1 or 58.2 has occurred, unless they are
33.15made public by the lobbyist whose conduct is the subject of the
33.16complaint or by the vote of at least three members of the
33.17subcommittee.
33.1859. AMENDMENTS TO RULES
33.19Every proposition to amend a rule of the Senate must be
33.20referred to the Committee on Rules and Administration. The
33.21proposition may not be acted upon until the report of the
33.22committee is received by the Senate.

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