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S.R. No. 47, First Engrossment: 87th Legislative Session (2011-2012) Posted on March 3, 2011 S.R. No. 47, as introduced: 87th Legislative Session (2011-2012) Posted on March 2, 2011
1.1A Senate resolution
1.2adopting Permanent Rules of the Senate. 1.3BE IT RESOLVED, by the Senate of the State of Minnesota: 1.4The Permanent Rules of the Senate for the 87th Legislature shall read as follows: 1.5PERMANENT RULES OF THE SENATE 1.687TH LEGISLATURE (2011 - 2012) 1.71.PARLIAMENTARY REFERENCE 1.8 The rules of parliamentary practice contained in Mason's Manual of Legislative Procedure 1.9(1989 edition) govern the Senate in all cases in which they are applicable, and in which they are 1.10not inconsistent with these rules and orders of the Senate and the joint rules and orders of the 1.11Senate and House of Representatives. 1.122.REPORTING OF BILLS 1.13 Every bill, memorial, order, resolution or vote requiring the approval of the Governor must 1.14be reported to the Senate on three different days before its passage. 1.15 (a) The first report, called the first reading, is made when it has been received for 1.16introduction. 1.17 (b) The second report, called the second reading, is made when it has been considered by 1.18all the necessary standing committees and is ready for debate. 1.19 (c) The third report, called the third reading, is made when it is ready for final passage. 1.203.BILL INTRODUCTION 1.213.1Bills, memorials, and concurrent or joint resolutions may be introduced by a member 1.22or by a standing committee. 1.233.2The name of the author, authors, or committee must be written on the bill, memorial or 1.24resolution. The number of authors may not exceed five. 1.253.3An original and two copies are required for introduction. 1.263.4A member or a committee desiring to introduce a bill, memorial or concurrent or joint 1.27resolution shall deliver it to the office of the Secretary, and the Secretary shall promptly deliver 1.28all the bills, memorials or concurrent or joint resolutions to the President who shall present 1.29them to the Senate. 1.303.5During the period between the last day of the session in any odd-numbered year and 1.31the first day of the session in the following year, a bill filed with the Secretary for introduction 1.32must be given a file number and may be unofficially referred by the President, with the approval 2.1of the Chair of the Committee on Rules and Administration, to an appropriate standing committee 2.2of the Senate. All bills filed for introduction during this period must be presented to the Senate 2.3when it reconvenes and must be referred to the standing committees previously indicated by the 2.4President, subject to objection to the referral under Rule 4.10. 2.54.BILL REFERRAL 2.64.1The President shall refer each bill without motion to the proper standing committee 2.7unless otherwise referred by the Senate. 2.84.2A bill or resolution may not be referred to committee or amended until it has been 2.9given its first reading. 2.104.3A member may not object to a bill or resolution on its introduction. 2.114.4All bills appropriating money, or obligating the state to pay or expend money, or 2.12establishing a policy which to be effective will require expenditure of money, when referred to 2.13and reported by any other than the Committee on Finance, must be referred before passage to 2.14the Committee on Finance. 2.154.5All bills delegating rulemaking to a department or agency of state government and all 2.16bills exempting a department or agency of state government from rulemaking, when referred to 2.17and reported by any other than the Committee on State 2.18 2.19 2.204.6All bills creating a new commission, council, task force, board, or other body to 2.21which a member of the legislature will be appointed must be referred before passage both to the 2.22Committee on State 2.23 and to the Committee on Rules and Administration. 2.244.7All bills authorizing or increasing a sentence of imprisonment to a state correctional 2.25institution must be referred before passage to the Committee on Judiciary. 2.264.8All resolutions required to follow the same procedure as bills must be referred before 2.27passage to the Committee on Rules and Administration. 2.284.9A bill introduced by a committee need not be referred to a standing committee unless a 2.29question arises. It must lie over one day before being given its second reading. 2.304.10A member may question the reference of a bill during the order of business of first 2.31reading on the day of introduction. When a member questions the reference of a bill, the bill must 2.32be referred without debate to the Committee on Rules and Administration to report the proper 3.1reference. Upon adoption of the report of the Committee on Rules and Administration, the bill 3.2must be referred accordingly. 3.35.RECALL FROM COMMITTEE 3.45.1With the concurrence of the chief author of the bill, before the deadline for committee 3.5action on a bill, a majority of the whole Senate may recall the bill from a committee and re-refer it 3.6to any other committee or place it on General Orders. After the committee deadline for action 3.7on a bill, 41 affirmative votes of the whole Senate may recall the bill from any committee and 3.8re-refer it to any other committee or place it on General Orders. 3.95.2By a report of the Committee on Rules and Administration adopted by the Senate, the 3.10Committee on Rules and Administration, on request of the chief author, may remove a bill from 3.11committee and re-refer it to any other committee or place it on General Orders. 3.126.RESOLUTIONS 3.136.1Memorial resolutions addressed to the President or the Congress of the United States, 3.14or a house or member of Congress, or a department or officer of the United States, or a state or 3.15foreign government, joint resolutions, and resolutions requiring the signature of the Governor 3.16must follow the same procedure as bills before being adopted. 3.176.2A resolution may not be changed to a bill, and a bill may not be changed to a resolution. 3.186.3When a member gives notice of intent to debate a resolution not required to follow 3.19the same procedure as bills and not offered by the Committee on Rules and Administration, the 3.20resolution must lie over one calendar day without debate or other action. 3.216.4Upon the request of a member, the resolution must be referred to the proper committee. 3.22If a question arises concerning the proper reference the procedure provided by Rule 4.10 applies. 3.237.BUDGET TARGETS 3.247.1The Committees on Taxes and on Finance must hold hearings as necessary to determine 3.25state revenues and appropriations for the fiscal biennium. 3.267.2At least 15 days before the deadline for 3.27Committee on Finance to act favorably on omnibus appropriations bills, targets for the general 3.28fund budget must be publicly announced by the Chair of the Committee on Finance or the Chair 3.29of the Committee on Rules and Administration. Subsequent adjustments to the targets required 3.30under this rule shall be made by public announcement of the chair of the Committee on Rules 3.31and Administration. 3.32 7.3The omnibus tax and appropriation bills are: 4.1 (1) the omnibus tax bill; 4.2 (2) the education appropriations bill; 4.3 (3) the higher education appropriations bill; 4.4 (4) the health and human services appropriations bill; 4.5(5) the environment and natural resources appropriations bill; 4.6(6) the agriculture and rural economies appropriations bill; 4.7 (7) the jobs and economic growth appropriations bill; 4.8(8) the commerce and consumer protection appropriations bill; 4.9(9) the energy, utilities and telecommunications appropriations bill; 4.10(10) the judiciary and public safety appropriations bill; 4.11(11) the state government innovation and veterans appropriations bill; 4.12 (12) the transportation appropriations bill; and 4.13 (13) the omnibus capital investment bill. 4.14 An omnibus appropriation or tax bill may not be divided. 4.157.4An amendment to an omnibus appropriation or tax bill that is a Senate file or an 4.16unofficial engrossment of a House file is out of order if it will increase net appropriations from 4.17a fund for a fiscal biennium, compared to the bill as it was reported to the floor of the Senate, 4.18without a corresponding increase in net revenue. 4.197.5An amendment to an omnibus appropriation or tax bill that is a Senate file or an 4.20unofficial engrossment of a House file is out of order if it will reduce net revenue to a fund for a 4.21fiscal biennium, compared to the bill as it was reported to the floor of the Senate, without a 4.22corresponding reduction in net appropriations. 4.237.6An amendment to an omnibus appropriation or tax bill that is a Senate file or an 4.24unofficial engrossment of a House file is out of order if it will change appropriations, transfers, 4.25or revenues to an agency that was not in the bill as it was reported to the floor of the Senate, or 4.26will create or increase the amount of a tax expenditure by reducing appropriations, transfers, or 4.27revenues to an agency that was not in the bill as it was reported to the floor of the Senate. 5.17.7 An amendment to an omnibus appropriation or omnibus tax bill during committee 5.2consideration is out of order if it will increase net appropriations from or reduce net revenue in 5.3excess of the current budget target announced for that bill under Rule 7.2. 5.48.CONFIRMATIONS 5.58.1Every gubernatorial appointment requiring the advice and consent of the Senate must 5.6be referred by the President to the appropriate committee. If a question arises as to the proper 5.7committee, the appointment must be referred without debate to the Committee on Rules and 5.8Administration for a report making the proper reference. 5.98.2An appointment referred to committee and not reported to the Senate within 60 5.10legislative days after it was referred is withdrawn from committee and placed on the confirmation 5.11calendar for consideration by the Senate before adjournment of the regular session, unless the 5.12appointee's term has expired or the appointee is no longer serving. 5.138.3The final question on the appointment is, "Will the Senate, having given its advice, 5.14now consent to this appointment?" The question must not be put the same day the appointment is 5.15received or on the day it is reported by committee except by unanimous consent. Confirmation of 5.16the appointment requires the affirmative vote of a majority of the whole Senate. 5.179.STANDING COMMITTEES 5.18The standing committees of the Senate are as follows: 5.19Agriculture and Rural Economies 5.20Capital Investment 5.21Commerce and Consumer Protection 5.22Education 5.23Energy, Utilities and Telecommunications 5.24Environment and Natural Resources 5.25Finance 5.26Health and Human Services 5.27Higher Education 5.28Jobs and Economic Growth 5.29Judiciary and Public Safety 5.30Local Government and Elections 5.31Rules and Administration 5.32State Government Innovation and Veterans 5.33Taxes 5.34Transportation 6.110.APPOINTMENTS TO STANDING COMMITTEES 6.210.1The majority and minority groups must each be represented on all standing 6.3committees of the Senate substantially in proportion to their numbers in the Senate. The majority 6.4group shall assign the number of positions the minority group will hold on each committee. The 6.5minority group must be given adequate notice of its positions before the session begins. 6.610.2Both the majority and minority groups shall appoint their own members to fill the 6.7number of positions each group will hold on each committee 6.8group shall transmit notice of its assignments to the majority group within 14 calendar days after 6.9receipt of the notice of positions available. The minority group may designate a ranking member 6.10for each committee. Nothing prohibits a member of the minority group from serving as chair or 6.11vice chair of a committee, subcommittee, 6.12reason fails to make its appointments pursuant to this rule, the majority group may make all the 6.13committee 6.14 6.15 6.16 6.17 6.18 6.19committees must set forth committee assignments as made by the majority and minority groups. 6.20 6.21 6.22jurisdiction, for more than three consecutive Senate terms 6.23 6.24limit does not apply to the Committee on Rules and Administration. 6.25 6.26 6.27of the minority leader, the Chair of the Committee on Rules and Administration may add members 6.28to or delete members from a standing committee 6.2911.APPOINTMENTS BY SUBCOMMITTEE ON COMMITTEES 6.3011.1The Committee on Rules and Administration may constitute a standing Subcommittee 6.31on Committees, the report of which within its jurisdiction has the effect of a report of the 6.32Committee on Rules and Administration. The subcommittee consists of at least five members, 6.33including members of the minority group substantially in proportion to their number in the Senate. 7.111.2Unless otherwise provided, the Subcommittee on Committees shall appoint all 7.2members of commissions or other bodies authorized to be appointed by the Senate and report the 7.3appointments to the Senate. 7.412.COMMITTEE MEETINGS 7.512.1All meetings of the Senate, its committees, 7.6are open to the public. A meeting of a caucus of the members of any of those bodies from the same 7.7political party need not be open to the public. 7.8 7.9when a quorum is present and action is taken regarding a matter within the jurisdiction of the body. 7.1012.2Any person may submit to the Chair of the Committee on Rules and Administration 7.11a complaint that members have violated the open meeting requirements of Minnesota Statutes, 7.12section 3.055. 7.13 7.14 7.15complaint in writing to the Subcommittee on Ethical Conduct without disclosing the identity 7.16of the complainant. The complaint must not be further disclosed without the consent of the 7.17complainant, except to the members against whom the complaint was made, unless the complaint 7.18was made by a member of the Senate in writing under oath, in which case the investigatory 7.19procedures of Rule 55 apply. 7.2012.3To the extent practical, a committee 7.21each meeting to the public at least three calendar days before convening. The notice must state 7.22the name of the committee 7.23place and time of meeting. A bill may not be considered on the day it was introduced 7.24 7.25be posted on the Senate's Web site and on all Senate bulletin boards in the Capitol and the State 7.26Office Building. A notice must be sent to the House of Representatives for posting as it deems 7.27necessary. If the three-day notice requirement cannot be met, the committee 7.28 7.29bill as soon as practicable. 7.3012.4A Senate committee 7.31 7.32requirement. 8.112.5Committees 8.2session without permission of the Senate. The names of the members excused shall be printed 8.3in the Journal. 8.412.6A majority of its members constitutes a quorum of a committee 8.5 8.612.7Each standing committee of the Senate, including a subcommittee 8.7committee, may at any time sit and act, investigate and take testimony on any matter within its 8.8jurisdiction, report hearings held by it, and make expenditures as authorized by the Committee on 8.9Rules and Administration. 8.1012.8A standing committee, but not a subcommittee 8.11or otherwise the attendance and testimony of witnesses and the production of correspondence, 8.12books, papers, and documents, in the manner provided by Minnesota Statutes, section 3.153. 8.1312.9Upon the request of a member of a committee 8.14a bill has been referred, or upon the request of the chief author of the bill, a record must be made 8.15of the vote on the bill or any amendment in the committee 8.1612.10Upon request of three members of the committee before the vote is taken, the record 8.17of a roll call vote in a standing committee must accompany the committee report and be printed 8.18in the Journal. 8.1912.11A committee report may only be based on action taken at a regular or special meeting 8.20of the committee. A report in violation of this rule is out of order. 8.2112.12No Senate committee 8.22or employee of the executive branch, registered lobbyist, or lobbyist principal to be seated at 8.23the committee table with members of the Senate during an official meeting of a committee of 8.24the Senate. 8.2513.HOUR OF CONVENING 8.26 If the Senate adjourns without setting a time to reconvene, the Senate shall convene on 8.27the next legislative day at 8.2814.PRESIDENT 8.2914.1The President shall take the chair at the time to which the Senate adjourned. The 8.30President shall immediately call the members to order and, on the appearance of a quorum, shall 8.31proceed with the regular order of business. 8.3214.2The President may call a member to preside. In the absence of the President, the 8.33President Pro Tem, the Chair of the Committee on Rules and Administration, or the Chair's 9.1designee, shall preside over the Senate. In the absence of the President and the Chair, the Senate 9.2may select a member to perform the duties of the President. Substitutions do not extend beyond 9.3adjournment. 9.414.3The President shall preserve order and decorum, may speak on points of order in 9.5preference to members, and shall also decide all questions of order, subject to an appeal to the 9.6Senate by a member. 9.714.4An appeal is decided by a majority vote of those present and voting. Upon an appeal 9.8from the decision of the President, the question is, "Shall the decision of the President be the 9.9judgment of the Senate?" 9.1014.5The President shall sign all acts, memorials, addresses and resolutions. All writs, 9.11warrants, and subpoenas issued by the Senate must be signed by the President and attested by the 9.12Secretary. 9.1314.6Upon a finding by the Committee on Rules and Administration that the President 9.14refuses or is unable to sign any of the documents described in this rule, the Chair of the Committee 9.15on Rules and Administration, or some other member selected by the committee, shall assume the 9.16duties of the President under this rule until the President is able to sign the documents described 9.17or until the Senate elects a new President, whichever occurs first. 9.1815.ADMISSION TO SENATE CHAMBER 9.1915.1The Senate Chamber is reserved for Senate use. 9.2015.2A person may not be admitted to the Senate Chamber except as provided in these 9.21rules. A member, an officer, the constitutional officers, ex-Governors of the State of Minnesota, 9.22members of the House, judges of the trial and appellate courts and members of Congress may be 9.23admitted. 9.2415.3Past members of Congress or of the state legislature who are not interested in any 9.25claim or directly in a bill pending before the legislature may be personally admitted by a member 9.26of the Senate. 9.2715.4An employee of either house may be admitted at the request of a member or an 9.28officer of the Senate. 9.29 9.30 9.31admitted to the floor by any member of the Senate. A member of another legislative body who is 9.32admitted to the floor may be introduced to the Senate by the President. 10.115.6The President may designate and personally admit the person who will provide the 10.2prayer and the person who will lead the Pledge of Allegiance. 10.315.7When the Senate is not meeting, a person who is not a member may be admitted to the 10.4floor at the request of a member or an officer. 10.515.8Public hearings may not be held in the Senate Chamber. The Senate Chamber may 10.6not be used for any commercial purpose. 10.715.9The Retiring Room of the Senate is reserved for the exclusive use of the members of 10.8the Senate at all times. The Sergeant at Arms shall strictly enforce this rule. 10.915.10When a member-elect is sworn in, the member-elect may request that one guest be 10.10admitted until the member-elect has been sworn in. 10.1116. 10.1216.1 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21process for individuals and organizations who provide news coverage of the legislature will be 10.22administered and the provisions of this rule enforced exclusively by the Sergeant at Arms, with 10.23the exception of an appeal under Rule 16.4. 10.2416.2The Sergeant at Arms may not issue credentials or day passes under Rule 16.3 10.25to political organizations. For the purposes of this rule, "political organization" means an 10.26organization owned or controlled by a registered lobbyist, a political party, or any party 10.27organization. "Political organization" also includes an organization registered with the Campaign 10.28Finance Board, the Federal Election Commission, or an organization subject to Minnesota 10.29Statutes, chapter 10A or 211A. 10.3016.3Due to the limited space available for organizations or individuals providing news 10.31coverage of the Senate, the Senate finds that there is a compelling public interest in limiting 10.32credentials to organizations or individuals who demonstrate that they provide frequent news 10.33coverage of the legislature. For that reason, the following rules apply: 11.1(a) Organizations or individuals requesting credentials must furnish, upon the request of 11.2the Sergeant at Arms, three examples of news coverage of legislative matters produced by the 11.3organization or individual. The examples must include written, video, or audio coverage written 11.4or recorded in the past year, and a description of how they were publicly distributed. Any opinion 11.5expressed in the examples is not subject to review under this rule at any time. An organization 11.6requesting credentials may include only one individual. 11.7(b) For session credentials, an organization or individual must submit an application to the 11.8Sergeant at Arms. The Sergeant at Arms must review the application and approve or reject it 11.9within 14 days after receipt. 11.10(c) If an application is rejected, the Sergeant at Arms must state the reason for the rejection 11.11in writing and notify the applicant, the Secretary of the Senate, the Majority Leader, and the 11.12Minority Leader in writing. 11.13(d) The Sergeant at Arms may grant day passes upon the request of a member or upon 11.14the request of an individual or organization who has not applied for credentials and who is not 11.15prohibited from receiving credentials under Rule 16.2. 11.1616.4 An appeal of a denial of credentials must be made in writing to the Secretary of the 11.17Senate, the Senate Majority Leader, and the Senate Minority Leader. The Committee on Rules and 11.18Administration shall review and decide the appeal within 14 days after receiving a letter of appeal. 11.1916.5For individuals and organizations with credentials and passes issued under this rule, 11.20the Secretary of the Senate shall provide at least six spaces on the Senate floor and at least ten 11.21spaces in the Senate gallery. Because of limited space on the floor, at least four spaces must be 11.22reserved for credentialed individuals from news organizations with leases in the Capitol press 11.23area. At least four seats in the gallery must be reserved for credentialed individuals from television 11.24news stations with leases in the Capitol press area. All other gallery access will be provided on a 11.25first-come, first-served basis to individuals and organizations with credentials and passes issued 11.26under this rule. The Sergeant at Arms shall ensure that an opportunity to register for access under 11.27this rule is publicly available outside the main doors of the Senate Chamber at all times. This 11.28procedure will be used to determine floor access priority for individuals with credentials whose 11.29organizations do not lease space in the Capitol press area. If the designated floor and gallery space 11.30is full, the Sergeant at Arms may limit access for an organization to one individual in order to 11.31provide space for individuals from other organizations. Individuals with session credentials have 11.32priority for admission over individuals with day passes. All credentialed individuals shall be 11.33admitted to the floor when the Senate is not meeting in the same manner provided for credentialed 11.34individuals who have been admitted to the floor when the Senate is meeting. The documents 12.1provided to credentialed individuals present on the floor when the Senate is meeting shall be made 12.2available in the Senate Information Office to other credentialed individuals. 12.3 12.4 12.5 12.6individual's picture and 12.7 12.8with credentials an identification badge showing the 12.9organization. The 12.1017.DECORUM 12.1117.1In case of a disturbance or disorderly conduct in the lobbies or galleries, the President 12.12may order them cleared. 12.1317.2A member may not introduce a visitor or visitors in the galleries from the floor or 12.14rostrum of the Senate. 12.1517.3Smoking is not permitted in the Senate Chamber or galleries, the Retiring Room, 12.16hearing rooms, offices, or other spaces under the control of the Senate. 12.1717.4During floor proceedings, picture taking by persons other than accredited news or 12.18legislative photographers, picture taking with floodlights or flash units, and visual or audible 12.19disruptions are prohibited. At all times, demonstrations and food or beverages are prohibited 12.20in the Senate Chamber and in the galleries. 12.2117.5Television recording or broadcasting on the Senate floor is under the direction of the 12.22Secretary. 12.2317.6 Legislators, legislative employees, and individuals with credentials issued under Rule 12.2416 who are present on the Senate floor during floor proceedings shall wear appropriate business 12.25attire. For men, appropriate attire is a suit or sport coat, dress slacks, a dress shirt, and a tie. For 12.26women, appropriate attire includes a dress or skirt, dress slacks, and a blouse or sweater. 12.2718.ORDER OF BUSINESS 12.2818.1The order of business is as follows: 12.291. Petitions, letters, remonstrances. 12.302. Executive and official communications. 12.313. Messages from the House of Representatives. 13.14. First reading of House bills. 13.25. Reports of committees. 13.3(a) From standing committees. 13.4(b) From select committees. 13.56. Second reading of Senate bills. 13.67. Second reading of House bills. 13.78. Introduction and first reading of Senate bills. 13.89. Motions and Resolutions. 13.910. Calendar. 13.1011. Consent Calendar. 13.1112. General Orders. 13.1213. Announcements of Senate interest. 13.1318.2Under the order of business of Motions and Resolutions, the Senate may by a majority 13.14vote of the whole Senate temporarily revert or proceed to any other order of business. 13.1519.PETITIONS AND OTHER COMMUNICATIONS 13.1619.1In presenting a petition, memorial, remonstrance or other communication addressed 13.17to the Senate, a member shall only state the general purpose of it. 13.1819.2Every petition, memorial, remonstrance, resolution, bill and report of committee, must 13.19have an appropriate title, and the name of the member presenting it written on it. 13.2019.3Every written communication distributed to members in the Senate Chamber must 13.21have the name of the member or officer distributing it displayed on it. 13.2220.MESSAGES FROM THE HOUSE 13.23 A message from the House of Representatives that a Senate bill has been amended, and the 13.24amendment, must be printed and placed on the members' desks before a member may move to 13.25concur in the House amendment. If the amendment has been printed in the House Journal for a 13.26preceding day and is available to the members, the Journal copy may serve as the printed copy. 14.121.OBJECTIONS TO COMMITTEE REFERRALS 14.2 A member may question the proper reference of a bill at the time the bill is reported by a 14.3standing committee to which it was previously referred. When a member questions the reference 14.4of a bill, the bill must be referred without debate to the Committee on Rules and Administration 14.5to report the proper reference. Upon adoption of the report of the Committee on Rules and 14.6Administration, the bill must be referred accordingly. 14.722.GENERAL ORDERS 14.822.1The Secretary shall make a list of all bills, resolutions, reports of committees, and 14.9other proceedings of the Senate that are referred to the Committee of the Whole and number 14.10them. The lists are called the "General Orders". 14.1122.2Items on General Orders may be taken up in the order in which they are numbered, as 14.12ordered by the Chair of the Committee on Rules and Administration, or as otherwise ordered by a 14.13majority of the committee. 14.1422.3General Orders, together with all bills required to be included on it, must be 14.15electronically available or printed at least one calendar day before being considered in Committee 14.16of the Whole. 14.1722.4With the concurrence of the chief author of the bill, a majority of the whole Senate 14.18may at any time take a bill from the table and place it on General Orders. 14.1923.COMMITTEE OF THE WHOLE 14.2023.1All bills, memorials, orders, resolutions and votes requiring the approval of the 14.21Governor must, after a second reading, be considered in Committee of the Whole before they are 14.22finally acted upon by the Senate, unless considered on the Consent Calendar or as a Special Order. 14.2323.2The President may call a member to the Chair when the Senate resolves itself into the 14.24Committee of the Whole. 14.2523.3The rules observed in the Senate govern, as far as practicable, the proceedings of the 14.26Committee of the Whole, and the Chair of the Committee of the Whole has the powers of the 14.27President, as appropriate. However, a member may speak more than twice on the same subject 14.28and a call for the previous question may not be made. 14.2923.4A member may request a roll call vote. The vote must be recorded in the Journal 14.30along with the amendment. 14.3123.5The recommendations of the Committee of the Whole must be reported to the Senate. 14.32The question is on the adoption or rejection of the report, and no other question may be admitted. 14.33The question may be divided to permit separate Senate action on the report as to any bill. 15.123.6On adoption of the report of the Committee of the Whole, all bills recommended to 15.2pass must be placed on the Calendar. 15.324.CALENDAR 15.424.1The Secretary shall make a Calendar of all bills, resolutions and other matters 15.5approved by the Committee of the Whole for final action. The Secretary shall place them on the 15.6Calendar in the order in which they have been acted upon in Committee of the Whole. 15.724.2The Calendar must be electronically available or printed at least one calendar day 15.8before the matters on it are considered. 15.925.CONSENT CALENDAR 15.1025.1If a committee determines that a bill it recommends to pass is not likely to be opposed, 15.11the committee may recommend that the bill be placed on the Consent Calendar. If the committee 15.12report is adopted, the bill must be electronically available or printed and placed on the Consent 15.13Calendar after its second reading. On the question of adoption of the report, the question of 15.14accepting the recommendation that the bill be placed on the Consent Calendar may be divided 15.15from the question of adopting the report in other respects. 15.1625.2A majority of the whole Senate, or the Chair of the Committee on Rules and 15.17Administration, may order a bill on General Orders placed on the Consent Calendar. 15.1825.3The Consent Calendar must be electronically available or printed at least one calendar 15.19day before the matters on it are considered. 15.2025.4If a member objects to consideration of a bill on the Consent Calendar at any time 15.21during its consideration in the Senate before the question on final passage is put, and that objection 15.22is supported by at least two other members, the bill is referred to the Committee of the Whole, and 15.23the Secretary shall place it at the bottom of General Orders subject to Rule 22.2, except that it 15.24need not lie over one calendar day before consideration in the Committee of the Whole. 15.2526.SPECIAL ORDERS 15.2626.1The Chair of the Committee on Rules and Administration, or the Chair's designee, 15.27may designate a special order for a bill that has been given its second reading. 15.2826.2A special order may provide that the bill be considered immediately, at a time certain, 15.29or after specific other business is completed. 15.3026.3During consideration of a special order, Rule 36.5 is suspended. 15.3126.4As nearly as applicable, debate on the bill and all proceedings including amendments 15.32and substitutions must be conducted as in the Committee of the Whole. 16.126.5On any question, a member may request a roll call vote, which must be entered 16.2in the Journal. 16.326.6Unless it is otherwise disposed of, after consideration a bill on Special Orders must 16.4immediately proceed to its third reading and final passage. 16.5 16.6 16.727.MOTIONS 16.827.1A motion or amendment must be written if a member requests. It must identify the 16.9member or committee offering it. 16.1027.2When a motion is made, it must be stated by the President. If it is in writing, it must 16.11be handed to the Secretary and read to the members. 16.1227.3After a motion is stated by the President, or read by the Secretary, it is in possession 16.13of the Senate, but may be withdrawn by the author at any time before decision or amendment. 16.1428.PRECEDENCE OF MOTIONS 16.1528.1When a question is under debate no motion may be made, except: 16.161. To adjourn. 16.172. To recess. 16.183. To reconsider. 16.194. To lay on the table. 16.205. For the previous question. 16.216. To refer. 16.227. To postpone to a day certain. 16.238. To amend. 16.249. To postpone indefinitely. 16.2528.2Motions numbered 1, 2, 4 and 5 above are not debatable. 16.2628.3These motions have precedence in the foregoing order; but when a motion for the 16.27previous question has been made, or the main question ordered, a motion to lay on the table 16.28is not in order. 17.128.4A motion to postpone to a day certain, to refer, to postpone indefinitely, or to amend, 17.2having been decided, may not again be put on the same day, nor at the same stage of the bill 17.3or proposition. 17.429.MOTION TO ADJOURN 17.5 A motion to adjourn or a motion to adjourn to a time certain is always in order. The latter 17.6motion is debatable solely as to the time. When either motion is rejected, it may not be renewed 17.7until further business has been transacted. 17.830.MOTION TO RECONSIDER 17.930.1When a motion or question has been decided, a member who voted with the prevailing 17.10side may move for reconsideration: 17.11(1) on the same day on which the vote was taken 17.12(2) within the next two calendar days; or 17.13(3) if 17.14meets after the vote was taken. The motion takes precedence over all other questions except a 17.15motion to adjourn or recess. 17.1630.2When a motion to adjourn is adopted before the disposition of 17.17reconsideration, 17.18Senate meets except as provided in this rule. 17.19 17.20on a question is given by a member, the Secretary shall retain the subject of the notice until after 17.21the expiration of the time during which the motion can be made. 17.22 17.23before the third Saturday in May, but a motion to reconsider may be made. 17.24 17.25again nor reconsidered. 17.2631.MOTION FOR THE PREVIOUS QUESTION 17.2731.1Unless a motion for the previous question is made specifically applicable to a 17.28subsidiary motion, it must be in this form: "Shall the main question now be put?" If the motion 17.29for the previous question is supported by a majority of the members present, its effect is to put an 17.30end to all debate and bring the Senate to a direct vote upon all pending amendments in their order 17.31and then upon the main question. 18.131.2On a motion for the previous question, a call of the Senate is in order before the 18.2President submits the question to the Senate. 18.331.3On a motion for the previous question there is no debate. All incidental questions 18.4of order, arising after a motion is made for the previous question, and pending the motion, must 18.5be decided, whether on appeal or otherwise, without debate. 18.632.MOTION TO REFER 18.7 A bill or resolution may be referred to committee at any time before its passage. If an 18.8amendment is reported on the referral to any committee other than the Committee of the Whole, it 18.9must again be read the second time, considered in Committee of the Whole, read the third time and 18.10placed on final passage. If the referral is to the Committee of the Whole it must be placed at the 18.11head of General Orders, except when the referral is from the Consent Calendar under Rule 25.4. 18.1233.MOTION TO AMEND BILL OR RESOLUTION 18.1333.1A motion to amend must be written if a member requests. It must identify the 18.14member offering it. 18.1533.2In drawing an amendment to a bill or resolution, reference must be made, first to 18.16the number of the bill, then to the page, and then to the line or lines where language is to be 18.17stricken or inserted. 18.1833.3In filling blanks, the largest sum, the longest time and the greatest distance must be 18.19first taken. 18.2033.4The title to a bill may be amended by the Secretary at any time the bill is amended 18.21by the Senate. 18.2233.5An amendment is not in order to a bill on the Calendar or after third reading without 18.23the unanimous consent of the Senate unless it: 18.24(1) fills a blank 18.25(2) amends the title 18.26(3) is proposed to the chief author of the bill by the Revisor of Statutes to correct technical 18.27defects found by the Revisor while engrossing earlier amendments to the bill 18.28(4) is proposed to a bill on the Consent Calendar before the bill is given its third reading. 18.2934.MOTION TO SUSPEND RULES 18.3034.1A rule may be suspended by a vote of at least two-thirds of the whole Senate. 19.134.2A motion to suspend the rules for the purpose of advancing a bill may be made only 19.2under the order of business, "Motions and Resolutions". 19.335.GERMANENESS 19.435.1An amendment proposed to the Senate or to the Committee of the Whole that is 19.5not germane is out of order. 19.635.2A non-germane amendment includes one that: 19.7(1) relates to a substantially different subject 19.8(2) is intended to accomplish a substantially different purpose, than that of the original 19.9bill to which it is proposed. 19.1035.3An amendment to insert a constitutional amendment is not germane to a bill that does 19.11not already include a constitutional amendment. 19.1235.4Whether an amendment is germane is to be decided by the President, who may put the 19.13question to the body if the President chooses. 19.1435.5A motion to remove an amendment placed on a House bill under Rule 45.1 is out of 19.15order if removal of the amendment would make a portion of the House bill not germane to the 19.16Senate companion for which it was substituted. 19.1735.6If a House amendment to a Senate bill is not germane to the Senate bill, a motion to 19.18concur in the House amendment is out of order. 19.1936.DEBATE 19.2036.1When a member is about to speak to the Senate, the member shall rise and respectfully 19.21address "Madam (or Mr.) President." The member may not proceed to speak further until 19.22recognized by the President. 19.2336.2The member shall speak only to the question under debate and avoid personality. 19.2436.3The member may inform the Senate of the Governor's position on a bill and on its 19.25status in the House of Representatives. 19.2636.4In discussing a resolution, each member is limited to ten minutes. 19.2736.5A member may not speak more than twice on the same question on the same day 19.28without permission of the Senate. 19.2936.6When a member is speaking, no one may stand between the member speaking and the 19.30President. 20.136.7A member may not speak without using a microphone. 20.236.8All remarks during debate shall be addressed to the President. 20.336.9When the President puts a question, or addresses the Senate, no one may walk out of 20.4or cross the Chamber. 20.536.10When a member is called to order, the member shall be silent until it is determined 20.6whether or not the member is in order. If a member is called to order for words spoken in debate, 20.7the words excepted to must be taken down in writing by the Secretary immediately. 20.836.11Debate on the report of a conference committee is in order at any time after the 20.9report has been made available electronically or printed and placed on the desk of each member, 20.10or at an earlier time agreed to by a majority of the whole Senate. 20.1137.ABSENCE OF MEMBERS 20.12 A member or officer of the Senate may not be absent from a session of the Senate unless 20.13excused by the Senate. The name of a member excused must be printed in the Journal. 20.1438.CALL OF THE SENATE 20.1538.1A member may impose a call of the Senate requiring the attendance of all members 20.16before any further proceedings occur except a motion to adjourn. 20.1738.2Upon the imposition of a call, a member may request a record of those present and the 20.18Sergeant at Arms shall bring in the absent members. 20.1938.3When the Senate has been placed under call, a member may demand that the doors be 20.20closed and that no member be permitted to leave the Chamber until the matter or question, if any, 20.21under consideration at the time of the call is disposed of, or until the call is lifted by a majority of 20.22the whole Senate, or until the Senate adjourns. 20.2338.4A majority of the whole Senate may excuse members not answering the call. 20.2438.5A call may not be imposed after voting has commenced. 20.2539.DIVISION OF QUESTION 20.2639.1A member may call for a division of the question when the division is possible. 20.27A motion to strike and insert is indivisible. 20.2839.2The defeat of a motion to strike does not preclude an amendment nor a motion to 20.29strike and insert. 21.140.VOTING 21.240.1The President shall distinctly state the question before taking the vote. The President 21.3shall declare the result of the vote. If a member questions the result of a vote, the President 21.4shall order a division. 21.540.2A member may vote on a question or be counted on a division only at the member's 21.6own seat in the Senate Chamber. 21.740.3At any time before the start of voting on a question, a member may request a roll call 21.8vote, which must be entered in the Journal, unless at the time the request is made, the Senate is 21.9taking a roll call vote using the electrical voting system. 21.1040.4Unless otherwise ordered, a roll call vote, except upon elections, may be taken by 21.11means of the electrical voting system under the control of the President. 21.1240.5A roll call vote may not be interrupted except to close the roll as provided in Rule 41.3. 21.1340.6A member or other person may not proceed to or remain by the Secretary's desk while 21.14a roll call or division is being taken. 21.1541.MEMBERS TO VOTE UNLESS EXCUSED 21.1641.1Every member who is in the Senate Chamber during a roll call, including in the 21.17Committee of the Whole, shall vote upon the request of another member unless excused by 21.18the Senate. 21.1941.2A motion by a member to be excused from voting must be made before the question is 21.20put. A member wishing to be excused from voting may make a brief statement of the reason for 21.21making the request. The question on the motion to excuse must be taken without further debate. 21.2241.3When members have had an opportunity to vote and fail to do so, a majority of the 21.23whole Senate may, by motion, direct the President to close the roll. 21.2441.4The vote on a motion to close the roll must be taken without debate. No member 21.25is required to vote on the motion. 21.2642.FINAL PASSAGE 21.27 The final question on a bill or other matter requiring action by both Houses after its first and 21.28second reading, and after the consideration in Committee of the Whole, is on its final passage. 21.2943.TRANSMITTING BILLS TO THE HOUSE 21.3043.1Except when a motion to reconsider has been made as provided in Rule 30, 21.31immediately after the passage of a bill or other matter in which the concurrence of the House of 21.32Representatives is requested, the Secretary shall transmit it to the House. 22.143.2On the concurrence of a bill or other matter of the House by the Senate, or on the 22.2concurrence or disagreement in a vote of the House, the Secretary shall notify the House. 22.344.ENGROSSING AND ENROLLING OF BILLS 22.444.1The Secretary and the Engrossing Secretary shall ensure that every bill, memorial, or 22.5resolution originating in the Senate is carefully engrossed before it is transmitted to the House 22.6of Representatives for concurrence. 22.7 All engrossing and enrolling of bills shall be done at the direction and under authority of 22.8the Senate. 22.944.2The Secretary shall ensure that every bill, memorial, or resolution originating in the 22.10Senate is carefully enrolled by the Revisor of Statutes before it is presented to the Governor 22.11or filed with the Secretary of State. 22.1245.COMPARISON AND SUBSTITUTION OF BILLS 22.1345.1A House bill, after its first reading, must be referred as follows, unless there is a 22.14motion by the Chair of the Committee on Rules and Administration or a designee of the Chair: 22.15 (a) If there is no Senate companion bill, the House bill must be referred to the appropriate 22.16standing committee, unless there is objection under Rule 4.10. 22.17 (b) If there is a Senate companion bill, the House bill must be referred to the standing 22.18committee possessing the Senate companion. 22.19 (c) If the Senate companion bill has been reported to the Senate, the House bill must be 22.20referred to the Committee on Rules and Administration, which shall report whether the House bill 22.21is identical to the Senate companion bill. If the bills are identical, the report must recommend that 22.22the House bill be given its second reading and substituted for the Senate companion bill and the 22.23Senate companion bill be indefinitely postponed. If the House bill is not identical to the Senate 22.24companion bill, the report of the committee must recommend an amendment to the House bill 22.25that when adopted will render the House bill identical to the Senate bill. Upon adoption of a 22.26committee report containing the proposed amendment, the House bill as amended must be given 22.27its second reading and substituted for the Senate companion bill and the Senate companion 22.28bill must be indefinitely postponed. 22.2945.2The Secretary shall prepare and submit reports under this rule on behalf of the 22.30Committee on Rules and Administration. 22.3145.3A House bill placed on the Calendar by substitution must not be given its third reading 22.32on the same day as the substitution. 23.146.CONFERENCE COMMITTEES 23.246.1The Committee on Rules and Administration may constitute a standing Subcommittee 23.3on Conference Committees, the report of which within its jurisdiction has the effect of a report of 23.4the Committee on Rules and Administration. The subcommittee consists of three members, one 23.5of whom must be a member of the minority group. 23.646.2The Subcommittee on Conference Committees shall appoint all conference 23.7committees of the Senate and report the appointments to the Senate. In the appointment of 23.8members of conference committees between the two houses, the Subcommittee on Conference 23.9Committees shall appoint those who are in accord with the position of the Senate. Whenever 23.10practical, the subcommittee shall give preference to authors of bills in dispute and to members of 23.11standing committees in which the bills were considered. 23.1247.DISPOSITION OF BILLS ON ADJOURNMENT 23.13 Adjournment of the regular session in an odd-numbered year to a date certain in the 23.14following year is equivalent to daily adjournment, except that a bill on the Calendar, Consent 23.15Calendar, General Orders, or table, other than a bill laid on the table after being vetoed by the 23.16governor or after its conference committee has been discharged under Joint Rule 3.02, must 23.17be returned to the standing committee other than the Committee on Rules and Administration 23.18from which it was last reported to the Senate, unless otherwise provided for by motion before 23.19adjournment. 23.20 23.21 23.2248.PRINTING AND DISTRIBUTION OF BILLS 23.2348.1Unless otherwise ordered by the Senate, all Senate bills that have been reported upon 23.24favorably or without recommendation by a committee must be electronically available or printed 23.25before consideration by the Senate or the Committee of the Whole. 23.2648.2A House bill amended by the Senate must be unofficially engrossed and electronically 23.27available or printed when placed on General Orders. 23.2848.3A bill may be electronically available or printed by order of the Secretary when 23.29amended after second reading. 23.3048.4A bill must be electronically available or printed when ordered by the Senate. 23.3148.5Action by the Senate on a bill that has not been printed is a waiver of the printing 23.32requirement. 24.148.6To the extent practical, the Secretary shall provide a copy of any bill to the public 24.2and may charge a reasonable fee. 24.349.JOURNAL AND INDEX 24.449.1The Secretary shall keep a correct Journal of the proceedings of the Senate and shall 24.5perform other duties assigned to the Secretary. 24.649.2The Secretary shall not permit Journal records, accounts or papers to be taken out of 24.7the Secretary's custody, other than in the regular mode of business. If a document in the Secretary's 24.8charge is missing, the Secretary shall report the fact to the President, so that inquiry may be made. 24.949.3The Secretary shall supervise the recording of proceedings in the Journal, the 24.10engrossing, transcribing and copying of bills and resolutions, and generally perform the duties of 24.11Secretary, under direction of the Committee on Rules and Administration. 24.1249.4The Journal of each day's proceedings is open for correction at any time during 24.13the session of the next day the Senate meets. Unless corrected on that day, the Journal stands 24.14approved. 24.1549.5The Secretary shall keep a record of all Senate and House bills showing the status 24.16of each bill pending, until its final passage. 24.1750.ELECTRONIC RECORDINGS 24.1850.1The Secretary shall cause to be recorded on electronic media the proceedings of the 24.19Senate, the Committee of the Whole, and each standing committee 24.20 24.21proceedings are recorded and the dates the proceedings occurred. Each electronic record of 24.22the proceedings of the Senate and the Committee of the Whole must be accompanied by a log 24.23showing the number of each bill considered and the places on the record where consideration 24.24of the bill occurred. 24.2550.2Within two working days after each Senate session, the Secretary shall make a copy 24.26of the electronic record and corresponding log of proceedings of the Senate and the Committee 24.27of the Whole available to the Legislative Reference Library. 24.2850.3Within one week after each meeting of a standing committee 24.29 24.30Reference Library, together with an agenda showing bills considered and any action taken on 24.31them. 24.3250.4Upon completion and approval of the minutes of the meeting, the Secretary shall 24.33promptly deliver a copy of the minutes to the Legislative Reference Library. 25.150.5The Secretary shall keep a record of each session of the Senate and the Committee 25.2of the Whole, each meeting of a Senate standing committee 25.3the date on which the electronic record of the session or meeting was made available to the 25.4Legislative Reference Library. The Library shall keep a similar record of all electronic records 25.5to which it has been given access. 25.650.6The Library shall provide committee staff with reasonable access to Senate electronic 25.7records and shall provide the public with convenient facilities to listen to them. 25.850.7The Secretary shall make copies of Senate electronic records available to the public 25.9for a fee determined by the Secretary to be adequate to cover the cost of preparing the copies. A 25.10copy must be provided free to a member of the Senate upon request for use in legislative business. 25.1150.8The Secretary shall keep the original electronic record and log of each session of the 25.12Senate and the Committee of the Whole until the end of the period for which the members of the 25.13existing House of Representatives have been elected, at which time the electronic record may be 25.14preserved or disposed of as the Secretary sees fit. The Legislative Reference Library shall keep 25.15electronic records, logs, and minutes forwarded to it until two years after the end of the period 25.16for which the members of the existing Senate have been elected, at which time they may be 25.17preserved or disposed of as the Library sees fit. 25.1850.9The Senate intends that testimony and discussion preserved under this rule not be 25.19admissible in any court or administrative proceeding on an issue of legislative intent. 25.2051.OTHER DUTIES OF SECRETARY 25.2151.1The Secretary shall not issue a certificate authorizing the payment of money by virtue 25.22of a motion or resolution, unless the motion or resolution is voted for by a majority of the whole 25.23Senate on a roll call vote. 25.2451.2The Secretary and the Engrossing Secretary shall correct all mistakes in numbering 25.25the sections and reference to them, whether the errors occur in the original bill or are caused 25.26by amendments to it. 25.2751.3The Secretary is the agent of the Senate for the purchase of supplies and services. The 25.28Secretary's records on purchase of supplies and services are open for inspection. 25.2951.4The Secretary shall adopt administrative controls to ensure that each member is 25.30accountable for the member's own long distance telephone calls and that Senate telephones 25.31are used only for Senate business. 26.151.5By the 15th day of April, July, October, and January of each year, the Secretary shall 26.2submit a detailed report of Senate expenditures during the previous quarter to the Committee on 26.3Rules and Administration. 26.451.6The Secretary's public records may be inspected during normal business hours. 26.552.SERGEANT AT ARMS 26.6 The Sergeant at Arms shall: 26.7(1) execute all orders of the President 26.8(2) perform all assigned duties connected with the police and good order of the Senate 26.9Chamber; 26.10(3) exercise supervision over the entry and exit of all persons to and from the Chamber; 26.11(4) see that messages are promptly delivered; 26.12(5) see that the hall is properly ventilated and the temperature is properly regulated 26.13(6) see that the Chamber is open for the use of members of the Senate at least one-half 26.14hour before the start of a session; and 26.15(7) perform all other services pertaining to the office of Sergeant. 26.1653.BUDGET AND EXPENDITURES 26.1753.1The Committee on Rules and Administration shall adopt an operating budget for 26.18the Senate and post it on the Senate Web site. 26.1953.2All propositions for the appointment and payment of employees of the Senate or for 26.20expenditures of the legislature, other than those provided by law, must be referred without debate 26.21to the Committee on Rules and Administration. 26.2254.EMPLOYEES 26.2354.1The Committee on Rules and Administration shall establish positions, set 26.24compensation, appoint employees, and authorize expense reimbursement for employees as it 26.25deems necessary to carry out the work of the Senate. At the request of any committee member, an 26.26action of the committee must be submitted as a Senate resolution for adoption by the Senate. 26.2754.2The Secretary shall keep a roster of all employees of the Senate, including positions 26.28and compensation, which must be open for inspection by the public. 26.2954.3The Secretary shall post, in a public place in the Capitol, a notice of every vacant 26.30position on the permanent staff of the Senate. The notice must remain posted for at least two 26.31weeks, and no vacancy may be filled until the period of posting has elapsed. 26.3254.4Except as otherwise provided in these rules, the Committee on Rules and 26.33Administration has full and exclusive authority over, and charge of all employees of the Senate 27.1both elected and appointed. The committee has the sole and exclusive power and authority to 27.2assign them to duties other than for which they were elected or appointed as the committee 27.3may provide. 27.454.5The committee may make employment rules and regulations. In case of violation of 27.5an order of the committee by an employee, or in case of a violation of a rule or regulation made 27.6by the committee, or in case of misconduct or omission by an employee, the Committee on Rules 27.7and Administration may hear complaints and discharge the employee or impose discipline, a fine, 27.8or other punishment upon the employee. The committee may, by a vote of a majority of the 27.9members of the committee, discuss an employee disciplinary proceeding under this rule in an 27.10executive session to which the open meeting requirements of Rules 12.1 to 12.3 do not apply. 27.1154.6The Secretary shall supervise the employees under the direction of the Committee on 27.12Rules and Administration. 27.1355.SUBCOMMITTEE ON ETHICAL CONDUCT 27.1455.1The 27.15appoint a Subcommittee on Ethical Conduct of the Committee on Rules and Administration 27.16consisting of four members, two from the majority group and two from the minority group. 27.1755.2The subcommittee shall serve in an advisory capacity to a member or employee upon 27.18written request and shall issue recommendations to the member or employee. A member may 27.19request the subcommittee to provide its advice on a potential conflict of interest to the member in 27.20private. If so requested, the subcommittee shall conduct its proceedings on the advisory opinion 27.21in private. The request, proceedings on the request, and any advice given by the subcommittee 27.22in response to the request must remain private. The member may not use an advisory opinion 27.23from the subcommittee as a defense to a complaint under this rule unless the opinion has been 27.24adopted by the subcommittee at a public meeting. 27.2555.3The subcommittee shall investigate a complaint made in writing by a member of the 27.26Senate 27.27the last year of a senate term or during a special session held after that time regarding improper 27.28conduct by a member or employee of the Senate. The subcommittee has the powers of a standing 27.29committee to issue subpoenas under Minnesota Statutes, section 3.153. 27.3055.4Within 30 calendar days after receiving a complaint, the subcommittee must meet and 27.31either make a finding of no probable cause, vote to defer action until a certain time, or proceed 27.32with its investigation. 27.3355.5In order to determine whether there is probable cause to believe that improper conduct 27.34has occurred, the subcommittee may, by a vote of three of its members, conduct a preliminary 28.1inquiry in executive session to which the open meeting requirements of Rules 12.1 to 12.3 do 28.2not apply. The executive session may be ordered by a vote of three of its members whenever 28.3the subcommittee determines that matters relating to probable cause are likely to be discussed. 28.4The executive session must be limited to matters relating to probable cause. Upon a finding of 28.5probable cause, further proceedings on the complaint are open to the public. 28.655.6The subcommittee may appoint special counsel to provide expert advice on how 28.7to conduct its proceedings. The subcommittee may appoint a suitable person to conduct the 28.8investigation and report findings of fact and recommendations for action to the subcommittee. 28.955.7If, after investigation, the subcommittee finds the complaint substantiated by the 28.10evidence, it shall recommend to the Committee on Rules and Administration appropriate 28.11disciplinary action. 28.1255.8To minimize disruption of its public proceedings, the subcommittee may require that 28.13television coverage be pooled or be provided by Senate media services. 28.1455.9If criminal proceedings relating to the same conduct have begun, the subcommittee 28.15may defer its proceedings until the criminal proceedings have been completed. 28.1655.10The Senate intends that proceedings of the Subcommittee on Ethical Conduct not be 28.17admissible in any criminal proceeding. 28.1856.STANDARDS OF ETHICAL CONDUCT 28.1956.1Members shall adhere to the highest standard of ethical conduct as embodied in the 28.20Minnesota Constitution, state law, and these rules. 28.2156.2A member shall not publish or distribute written material if the member knows or 28.22has reason to know that the material includes any statement that is false or clearly misleading, 28.23concerning a public policy issue or concerning the member's or another member's voting record 28.24or position on a public policy issue. 28.2556.3Improper conduct includes conduct that violates a rule or administrative policy of the 28.26Senate, that violates accepted norms of Senate behavior, that betrays the public trust, or that tends 28.27to bring the Senate into dishonor or disrepute. 28.2856.4 Members of the Senate shall disclose potential conflicts of interest in the discharge of 28.29senatorial duties as provided in Minnesota Statutes, section 10A.07. 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5employment unless the lobbyist is in compliance with the law requiring lobbyist registration, 29.6Minnesota Statutes, sections 10A.03 to 10A.06. A lobbyist, when appearing before a committee, 29.7shall disclose to the committee on whose behalf the lobbyist speaks and the purpose of the 29.8lobbyist's appearance. 29.9 29.10false or misleading information or make a false or misleading statement that is relevant and 29.11material to a matter before the Senate or any of its committees when the lobbyist knows or 29.12should know it will influence the judgment or action of the Senate or any of its committees 29.13subcommittees 29.14 29.15member of the Senate in writing under oath received before adjournment sine die in the last year 29.16of a Senate term or during a special session held after that time that a lobbyist has violated Rule 29.17 29.18rule. The complaint and proceedings on the complaint are private until the subcommittee has 29.19found probable cause to believe that a violation of Rule 29.20unless they are made public by the lobbyist whose conduct is the subject of the complaint or by 29.21the vote of at least three members of the subcommittee. 29.22 29.23 Every proposition to amend a rule of the Senate must be referred to the Committee on Rules 29.24and Administration. The proposition may not be acted upon until the report of the committee 29.25is received by the Senate. |