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S.R. No. 32, First Engrossment: 85th Legislative Session (2007-2008) Posted on February 1, 2007

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 85th Legislature shall read as follows: 1.5PERMANENT RULES OF THE SENATE 1.685TH LEGISLATURE (2007 - 2008) 1.71.PARLIAMENTARY REFERENCE 1.8    The rules of parliamentary practice contained in Mason's Manual of Legislative Procedure 1.9govern the Senate in all cases in which they are applicable, and in which they are not inconsistent 1.10with these rules and orders of the Senate and the joint rules and orders of the Senate and House of 1.11Representatives. 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 2.13.1Bills, memorials, and concurrent or joint resolutions may be introduced by a member 2.2or by a standing committee. 2.33.2The name of the author, authors, or committee must be written on the bill, memorial or 2.4resolution. The number of authors may not exceed five. 2.53.3An original and two copies are required for introduction. 2.63.4A member or a committee desiring to introduce a bill, memorial or concurrent or joint 2.7resolution shall deliver it to the office of the Secretary, and the Secretary shall promptly deliver 2.8all the bills, memorials or concurrent or joint resolutions to the President who shall present 2.9them to the Senate. 2.103.5During the period between the last day of the session in any odd-numbered year and 2.11the first day of the session in the following year, a bill filed with the Secretary for introduction 2.12must be given a file number and may be unofficially referred by the President, with the approval 2.13of the Chair of the Committee on Rules and Administration, to an appropriate standing committee 2.14of the Senate. All bills filed for introduction during this period must be presented to the Senate 2.15when it reconvenes and must be referred to the standing committees previously indicated by the 2.16President, subject to objection to the referral under Rule 4.9. 2.174.BILL REFERRAL 2.184.1The President shall refer each bill without motion to the proper standing committee 2.19unless otherwise referred by the Senate. 2.204.2A bill or resolution may not be referred to committee or amended until it has been 2.21given its first reading. 2.224.3A member may not object to a bill or resolution on its introduction. 2.234.4All bills appropriating money, or obligating the state to pay or expend money, or 2.24establishing a policy which to be effective will require expenditure of money, when referred to 2.25and reported by any other than the Committee on Finance, must be referred before passage to 2.26the Committee on Finance. 2.274.5All bills delegating rulemaking to a department or agency of state government and all 2.28bills exempting a department or agency of state government from rulemaking, when referred to 2.29and reported by any other than the Committee on State and Local Government Operations and 2.30Oversight, must be referred before passage to the Committee on State and Local Government 2.31Operations and Oversight. 2.324.6All bills creating a new commission, council, task force, board, or other body to 2.33which a member of the legislature will be appointed must be referred before passage both to the 2.34Committee on State and Local Government Operations and Oversight and to the Committee on 2.35Rules and Administration. 3.14.7All bills authorizing or increasing a sentence of imprisonment to a state correctional 3.2institution must be referred before passage to the Committee on Crime Prevention Judiciary. 3.34.8All resolutions required to follow the same procedure as bills must be referred before 3.4passage to the Committee on Rules and Administration. 3.54.84.9A bill introduced by a committee need not be referred to a standing committee 3.6unless a question arises. It must lie over one day before being given its second reading. 3.74.94.10A member may question the reference of a bill during the order of business of 3.8first reading on the day of introduction. When a member questions the reference of a bill, the 3.9bill must be referred without debate to the Committee on Rules and Administration to report the 3.10proper reference. Upon adoption of the report of the Committee on Rules and Administration, the 3.11bill must be referred accordingly. 3.125.RECALL FROM COMMITTEE 3.135.1With the concurrence of the chief author of the bill, before the deadline for committee 3.14action on a bill, a majority of the whole Senate may recall the bill from a committee and re-refer it 3.15to any other committee or place it on General Orders. After the committee deadline for action 3.16on a bill, 41 affirmative votes of the whole Senate may recall the bill from any committee and 3.17re-refer it to any other committee or place it on General Orders. 3.185.2By a report of the Committee on Rules and Administration adopted by the Senate, the 3.19Committee on Rules and Administration, on request of the chief author, may remove a bill from 3.20committee and re-refer it to any other committee or place it on General Orders. 3.216.RESOLUTIONS 3.226.1Memorial resolutions addressed to the President or the Congress of the United States, 3.23or a house or member of Congress, or a department or officer of the United States, or a state or 3.24foreign government, joint resolutions, and resolutions requiring the signature of the Governor 3.25must follow the same procedure as bills before being adopted. 3.266.2A resolution may not be changed to a bill, and a bill may not be changed to a resolution. 3.276.3When a member gives notice of intent to debate a resolution not required to follow 3.28the same procedure as bills and not offered by the Committee on Rules and Administration, the 3.29resolution must lie over one calendar day without debate or other action. 3.306.4Upon the request of a member, the resolution must be referred to the proper committee. 3.31If a question arises concerning the proper reference the procedure provided by Rule 4.9 applies. 3.327.BUDGET RESOLUTION 3.337.1The Committees on Taxes and on Finance must hold hearings as necessary to determine 3.34state revenues and appropriations for the fiscal biennium. 4.17.2Within 30 days after the last state general fund revenue and expenditure forecast for 4.2the next fiscal biennium becomes available during the regular session in the odd-numbered year, 4.3and after receiving from the Committee on Taxes a resolution containing its recommendation 4.4on the maximum limit on revenues and an amount to be set aside as a budget reserve and a cash 4.5flow account, the Committee on Finance must adopt and report to the Senate a budget resolution, 4.6in the form of a Senate resolution. The budget resolution must set: (1) the maximum limit on 4.7revenues and net appropriations for the next fiscal biennium for the general fund; and (2) an 4.8amount or amounts to be set aside as a budget reserve and a cash flow account. The budget 4.9resolution must not specify, limit, or prescribe revenues or appropriations by any category other 4.10than those specified in clauses (1) and (2). If the Committee on Finance recommends a maximum 4.11limit on revenues or an amount for the budget reserve or cash flow account that differs from 4.12the amount recommended by the Committee on Taxes, the recommendation of the Committee 4.13on Finance must be referred to the Committee on Rules and Administration before it may be 4.14considered by the Senate. 4.157.3After the Senate adopts the budget resolution, the limits in the resolution are effective 4.16during the regular session in the year in which the resolution is adopted, unless the Senate, acting 4.17upon a subsequent report of the Committee on Taxes as to revenues or of the Committee on 4.18Finance as to appropriations, adopts a different limit or limits for the same fiscal biennium. 4.19During the regular session in the even-numbered year, before the Committee on Finance reports 4.20a bill containing net appropriations in excess of the general fund appropriations in the current 4.21fiscal biennium estimated by the most recent state budget forecast, the Committee must adopt 4.22a budget resolution that accounts for the net appropriations. After the Committee adopts the 4.23budget resolution, it is effective during the regular session that year, unless the Committee adopts 4.24a different or amended resolution. 4.257.4Within 14 days after the Senate or the Committee on Finance adopts a budget 4.26resolution, the Committee must adopt, by resolution, limits for each major appropriation bill 4.27identified in this Rule. After the Committee adopts the resolution, the limits in the resolution are 4.28effective during the regular session in the year in which the resolution is adopted, unless the 4.29Committee subsequently adopts different or amended limits for the same fiscal biennium. If the 4.30Committee on Finance or the Senate combines two or more major appropriation bills into one bill, 4.31the limits in the Committee resolution pertaining to those bills are also combined, and the sum of 4.32the combined limits applies to the combined bill. 4.337.5The major tax and appropriation bills are: 4.34    (1) the omnibus tax bill; 4.35    (2) the early childhood education appropriations bill; 5.1    (3) the K-12 E-12 education appropriations bill; 5.2    (4) (3) the higher education appropriations bill; 5.3    (5) the environment, agriculture, and economic development appropriations bill; 5.4    (6) (4) the health and human services appropriations bill; 5.5(5) the environment, energy, and natural resources appropriations bill; 5.6(6) the agriculture and veterans appropriations bill; 5.7    (7) the economic development appropriations bill; 5.8(8) the public safety appropriations bill; 5.9    (8) (9) the judiciary appropriations bill; 5.10(10) the state government appropriations bill; 5.11    (9) (11) the transportation appropriations bill; and 5.12    (10) (12) the omnibus capital investment bill. 5.13    A major appropriation or tax bill may not be divided. 5.147.6After the adoption of a resolution by the Senate or by the Committee on Finance, the 5.15Committee on Finance and the Committee on Taxes must reconcile each bill recommended by the 5.16committee with the resolution or resolutions. When reporting a bill, the committee must certify to 5.17the Senate that the committee has reconciled the fiscal effect of the bill with the resolution or 5.18resolutions and that the bill, as reported by the committee, together with other bills reported and 5.19expected to be reported by the committee, does not and will not exceed the limits specified 5.20in either resolution. 5.217.7After the adoption of a resolution by the Senate or the Committee on Finance, an 5.22amendment to a bill is out of order if it would cause any of the limits specified in either resolution 5.23to be exceeded. Whether an amendment is out of order under this Rule is a question to be 5.24decided in the Senate by the President and in committee by the committee chair. In making the 5.25determination, the presiding officer may consider: 5.26    (1) the limits in a resolution; 5.27    (2) the effect of existing laws on revenues and appropriations; 5.28    (3) the effect of amendments previously adopted to the bill under consideration; 6.1    (4) the effect of bills previously recommended by a committee or bills previously passed 6.2in the legislative session by the Senate or by the Legislature; 6.3    (5) whether appropriation increases or revenue decreases that would result from the 6.4amendment are offset by decreases in other appropriations or increases in other revenue specified 6.5by the amendment; and 6.6    (6) other information reasonably related to appropriation and revenue amounts. 6.78.CONFIRMATIONS 6.88.1Every gubernatorial appointment requiring the advice and consent of the Senate must 6.9be referred by the President to the appropriate committee. If a question arises as to the proper 6.10committee, the appointment must be referred without debate to the Committee on Rules and 6.11Administration for a report making the proper reference. 6.128.2An appointment referred to committee and not reported to the Senate within one 6.13year 60 legislative days after it was referred is withdrawn from committee and placed on the 6.14confirmation calendar for consideration by the Senate before adjournment of the regular session. 6.158.3The final question on the appointment is, "Will the Senate, having given its advice, 6.16now consent to this appointment?" The question must not be put the same day the appointment is 6.17received or on the day it is reported by committee except by unanimous consent. Confirmation of 6.18the appointment requires the affirmative vote of a majority of the whole Senate. 6.199.STANDING COMMITTEES 6.20The standing committees of the Senate are as follows: 6.21Agriculture and Veterans 6.22Business, Industry and Jobs 6.23Capital Investment 6.24Commerce and Consumer Protection 6.25Education 6.26Energy, Utilities, Technology and Communications 6.27Environment and Natural Resources 6.28Finance 6.29Health, Housing and Family Security 6.30Higher Education 6.31Judiciary 6.32Rules and Administration 6.33State and Local Government Operations and Oversight 6.34Taxes 6.35Transportation 7.110.APPOINTMENTS TO STANDING COMMITTEES 7.210.1The majority and minority groups must each be represented on all standing 7.3committees of the Senate substantially in proportion to their numbers in the Senate. The majority 7.4group shall assign the number of positions the minority group will hold on each committee. The 7.5minority group must be given adequate notice of its positions before the session begins. 7.610.2Both the majority and minority groups shall appoint their own members to fill the 7.7number of positions each group will hold on each committee and budget division. The minority 7.8group shall transmit notice of its assignments to the majority group within ten 14 calendar days 7.9after receipt of the notice of positions available. The minority group may designate a ranking 7.10member for each committee. Nothing prohibits a member of the minority group from serving as 7.11chair or vice chair of a committee, subcommittee, division, or commission. If the minority group 7.12for any reason fails to make its appointments pursuant to this rule, the majority group may make 7.13all the committee and budget division assignments. 7.1410.3The majority and minority committee assignments are subject to the uniform criteria 7.15governing committee assignments applicable to both the majority and minority groups. The 7.16uniform criteria must be promulgated by the majority group and transmitted to the minority group 7.17together with notification of committee and budget division positions available to the minority. 7.1810.4The Senate resolution establishing representation on all Senate standing committees 7.19must set forth committee assignments as made by the majority and minority groups. 7.2010.5A member may not serve as the chair of the same standing committee or the same 7.21division of a standing committee, or a committee or division with substantially the same 7.22jurisdiction, for more than three consecutive Senate terms. This limit does not apply to the 7.23Committee on Rules and Administration. This limit applies to time served as a chair in the 7.24seventy-eighth legislature and thereafter. 7.2510.6After the organization of the Senate and after consultation and advice from with and 7.26the approval of the minority leader, the Chair of the Committee on Rules and Administration may 7.27add members to or delete members from the a standing committees committee or division. 7.2811.APPOINTMENTS BY SUBCOMMITTEE ON COMMITTEES 7.2911.1The Committee on Rules and Administration may constitute a standing Subcommittee 7.30on Committees, the report of which within its jurisdiction has the effect of a report of the 7.31Committee on Rules and Administration. The subcommittee consists of at least five members, 7.32one of whom must be a member including members of the minority group substantially in 7.33proportion to their number in the Senate. 7.3411.2Unless otherwise provided, the Subcommittee on Committees shall appoint all 7.35members of commissions or other bodies authorized to be appointed by the Senate and report the 7.36appointments to the Senate. 8.112.COMMITTEE MEETINGS 8.212.1All meetings of the Senate, its committees, committee divisions, and subcommittees 8.3are open to the public. A meeting of a caucus of the members of any of those bodies from the same 8.4political party need not be open to the public. A caucus of the Hennepin county, Ramsey county, 8.5or St. Louis county delegation is open to the public. For purposes of this rule, a meeting occurs 8.6when a quorum is present and action is taken regarding a matter within the jurisdiction of the body. 8.712.2Any person may submit to the Chair of the Committee on Rules and Administration 8.8a complaint that members have violated the open meeting requirements of Minnesota Statutes, 8.9section 3.055. A member of the Senate may submit the complaint either orally or in writing; 8.10others must submit the complaint in writing. Whether the complaint was written or oral, the 8.11Chair of the Committee on Rules and Administration shall immediately forward it in writing to 8.12the Subcommittee on Ethical Conduct without disclosing the identity of the complainant. The 8.13complaint must not be further disclosed without the consent of the complainant, except to the 8.14members against whom the complaint was made, unless the complaint was made by a member of 8.15the Senate in writing under oath, in which case the investigatory procedures of Rule 55 apply. 8.1612.3To the extent practical, a committee, subcommittee, or division shall announce each 8.17meeting to the public at least three calendar days before convening. The notice must state the 8.18name of the committee, subcommittee, or division, the bill or bills to be considered, and the place 8.19and time of meeting. The notice must be posted on the Senate's Web site and on all Senate 8.20bulletin boards in the Capitol and the State Office Building. A notice must be sent to the House of 8.21Representatives for posting as it deems necessary. If the three-day notice requirement cannot be 8.22met, the committee, subcommittee, or division shall give simultaneous notice to all of the known 8.23proponents and opponents of the bill as soon as practicable. 8.2412.4A Senate committee, subcommittee, or division shall adjourn no later than 10:00 p.m. 8.25each day, unless two-thirds of the members present vote to suspend this requirement. 8.2612.5Committees, subcommittees, and divisions may not meet while the Senate is in 8.27session without permission of the Senate. The names of the members excused shall be printed 8.28in the Journal. 8.2912.6A majority of its members constitutes a quorum of a committee, subcommittee, 8.30or division. 8.3112.7Each standing committee of the Senate, including a subcommittee or division of the 8.32committee, may at any time sit and act, investigate and take testimony on any matter within its 8.33jurisdiction, report hearings held by it, and make expenditures as authorized by the Committee on 8.34Rules and Administration. 9.112.8A standing committee, but not a subcommittee or division, may require by subpoena 9.2or otherwise the attendance and testimony of witnesses and the production of correspondence, 9.3books, papers, and documents, in the manner provided by Minnesota Statutes, section 3.153. 9.412.9Upon the request of a member of a committee, subcommittee, or division to which a 9.5bill has been referred, or upon the request of the chief author of the bill, a record must be made of 9.6the vote on the bill or any amendment in the committee, subcommittee, or division. 9.712.10Upon request of three members of the committee before the vote is taken, the record 9.8of a roll call vote in a standing committee must accompany the committee report and be printed 9.9in the Journal. 9.1012.11A committee report may only be based on action taken at a regular or special meeting 9.11of the committee. A report in violation of this rule is out of order. 9.1213.HOUR OF CONVENING 9.13    If the Senate adjourns without setting a time to reconvene, the Senate shall convene on the 9.14next legislative day at 10:00 a.m. 9.1514.PRESIDENT 9.1614.1The President shall take the chair at the time to which the Senate adjourned. The 9.17President shall immediately call the members to order and, on the appearance of a quorum, shall 9.18proceed with the regular order of business. 9.1914.2The President may call a member to preside. In the absence of the President, the 9.20President Pro Tem, the Chair of the Committee on Rules and Administration, or the Chair's 9.21designee, shall preside over the Senate. In the absence of the President and the Chair, the Senate 9.22may select a member to perform the duties of the President. Substitutions do not extend beyond 9.23adjournment. 9.2414.3The President shall preserve order and decorum, may speak on points of order in 9.25preference to members, and shall also decide all questions of order, subject to an appeal to the 9.26Senate by a member. 9.2714.4An appeal is decided by a majority vote of those present and voting. Upon an appeal 9.28from the decision of the President, the question is, "Shall the decision of the President be the 9.29judgment of the Senate?" 9.3014.5The President shall sign all acts, memorials, addresses and resolutions. All writs, 9.31warrants, and subpoenas issued by the Senate must be signed by the President and attested by the 9.32Secretary. 9.3314.6Upon a finding by the Committee on Rules and Administration that the President 9.34refuses or is unable to sign any of the documents described in this rule, the Chair of the Committee 9.35on Rules and Administration, or some other member selected by the committee, shall assume the 10.1duties of the President under this rule until the President is able to sign the documents described 10.2or until the Senate elects a new President, whichever occurs first. 10.315.ADMISSION TO SENATE CHAMBER 10.415.1The Senate Chamber is reserved for Senate use. 10.515.2A person may not be admitted to the Senate Chamber except as provided in these 10.6rules. A member, an officer, the constitutional officers, ex-Governors of the State of Minnesota, 10.7members of the House, judges of the trial and appellate courts and members of Congress may be 10.8admitted. 10.915.3Past members of Congress or of the state Legislature who are not interested in 10.10any claim or directly in a bill pending before the Legislature may be personally admitted by a 10.11member of the Senate. 10.1215.4An employee of either house may be admitted at the request of a member or an 10.13officer of the Senate. 10.1415.5The head of a department of state government may be admitted by the President. 10.1515.6A member of another state, provincial, or national legislative body may be admitted 10.16to the floor by any member of the Senate. A member of another legislative body who is admitted 10.17to the floor may be introduced to the Senate by the President. 10.1815.7When the Senate is not meeting, a person who is not a member may be admitted to the 10.19floor at the request of a member or an officer. 10.2015.8Public hearings may not be held in the Senate Chamber. The Senate Chamber may 10.21not be used for any commercial purpose. 10.2215.9The Retiring Room of the Senate is reserved for the exclusive use of the members of 10.23the Senate at all times. The Sergeant at Arms shall strictly enforce this rule. 10.2415.10When a member-elect is sworn in, the member-elect may request that one guest be 10.25admitted until the member-elect has been sworn in. 10.2616.PRIVILEGE OF REPORTERS 10.2716.1The Secretary shall provide space for news reporters on the Senate floor in limited 10.28numbers, and in the Senate gallery. Because of limited space on the floor, permanent space is 10.29limited to those news agencies that regularly cover the legislature, namely: The Associated Press, 10.30St. Paul Pioneer Press, St. Paul Legal Ledger, Star Tribune, Duluth News-Tribune, The Forum, 10.31Rochester Post-Bulletin, St. Cloud Times, WCCO radio, KSTP radio, Minnesota Public Radio, 10.32and Minnesota News Network. The Secretary shall provide an additional two spaces to other 10.33reporters if space is available. One person from each named agency and one person from the 10.34Senate Publications Office may be present at the press table on the Senate floor at any time. Other 10.35news media personnel may occupy seats provided in the Senate gallery. 11.116.2The Secretary shall compile and distribute to the public a directory of reporters 11.2accredited to report from the Senate floor. The directory must include each reporter's picture 11.3and news organization and a brief biography. 11.416.3The Secretary must issue each accredited reporter an identification badge showing the 11.5reporter's name and news organization. The reporter must wear the badge when in the Senate 11.6Chamber. 11.717.DECORUM 11.817.1In case of a disturbance or disorderly conduct in the lobbies or galleries, the President 11.9may order them cleared. 11.1017.2A member may not introduce a visitor or visitors in the galleries from the floor or 11.11rostrum of the Senate. 11.1217.3Smoking is not permitted in the Senate Chamber or galleries, the Retiring Room, 11.13hearing rooms, offices, or other spaces under the control of the Senate. 11.1417.4During floor proceedings, picture taking by persons other than accredited news or 11.15legislative photographers, picture taking with floodlights or flash units, and visual or audible 11.16disruptions are prohibited. At all times, demonstrations and food or beverages are prohibited 11.17in the Senate Chamber and in the galleries. 11.1817.5Television recording or broadcasting on the Senate floor is under the direction of the 11.19Secretary. 11.2018.ORDER OF BUSINESS 11.2118.1The order of business is as follows: 11.221. Petitions, letters, remonstrances. 11.232. Executive and official communications. 11.243. Messages from the House of Representatives. 11.254. First reading of House bills. 11.265. Reports of committees. 11.27(a) From standing committees. 11.28(b) From select committees. 11.296. Second reading of Senate bills. 11.307. Second reading of House bills. 11.318. Motions and Resolutions. 12.19. Calendar. 12.210. Consent Calendar. 12.311. General Orders. 12.412. Introduction and first reading of Senate bills. 12.513. Announcements of Senate interest. 12.618.2Under the order of business of Motions and Resolutions, the Senate may by a majority 12.7vote of the whole Senate temporarily revert or proceed to any other order of business. 12.819.PETITIONS AND OTHER COMMUNICATIONS 12.919.1In presenting a petition, memorial, remonstrance or other communication addressed 12.10to the Senate, a member shall only state the general purpose of it. 12.1119.2Every petition, memorial, remonstrance, resolution, bill and report of committee, must 12.12have an appropriate title, and the name of the member presenting it written on it. 12.1319.3Every written communication distributed to members in the Senate Chamber must 12.14have the name of the member or officer distributing it displayed on it. 12.1520.MESSAGES FROM THE HOUSE 12.16    A message from the House of Representatives that a Senate bill has been amended, and the 12.17amendment, must be printed and placed on the members' desks before a member may move to 12.18concur in the House amendment. If the amendment has been printed in the House Journal for a 12.19preceding day and is available to the members, the Journal copy may serve as the printed copy. 12.2021.OBJECTIONS TO COMMITTEE REFERRALS 12.21    A member may question the proper reference of a bill at the time the bill is reported by a 12.22standing committee to which it was previously referred. When a member questions the reference 12.23of a bill, the bill must be referred without debate to the Committee on Rules and Administration 12.24to report the proper reference. Upon adoption of the report of the Committee on Rules and 12.25Administration, the bill must be referred accordingly. 12.2622.GENERAL ORDERS 12.2722.1The Secretary shall make a list of all bills, resolutions, reports of committees, and 12.28other proceedings of the Senate that are referred to the Committee of the Whole and number 12.29them. The lists are called the "General Orders". 12.3022.2Items on General Orders must may be taken up in the order in which they are 12.31numbered unless, as ordered by the Chair of the Committee on Rules and Administration, or as 12.32otherwise ordered by a majority of the committee. 13.122.3General Orders, together with all bills required to be included on it, must be 13.2electronically available or printed at least one calendar day before being considered in Committee 13.3of the Whole. 13.422.4With the concurrence of the chief author of the bill, a majority of the whole Senate 13.5may at any time take a bill from the table and place it on General Orders. 13.623.COMMITTEE OF THE WHOLE 13.723.1All bills, memorials, orders, resolutions and votes requiring the approval of the 13.8Governor must, after a second reading, be considered in Committee of the Whole before they are 13.9finally acted upon by the Senate, unless considered on the Consent Calendar or as a Special Order. 13.1023.2The President may call a member to the Chair when the Senate resolves itself into the 13.11Committee of the Whole. 13.1223.3The rules observed in the Senate govern, as far as practicable, the proceedings of the 13.13Committee of the Whole, and the Chair of the Committee of the Whole has the powers of the 13.14President, as appropriate. However, a member may speak more than twice on the same subject 13.15and a call for the previous question may not be made. 13.1623.4Three members may request a roll call vote. The vote must be recorded in the Journal 13.17along with the amendment. 13.1823.5The recommendations of the Committee of the Whole must be reported to the Senate. 13.19The question is on the adoption or rejection of the report, and no other question may be admitted. 13.20The question may be divided to permit separate Senate action on the report as to any bill. 13.2123.6On adoption of the report of the Committee of the Whole, all bills recommended to 13.22pass must be placed on the Calendar. 13.2324.CALENDAR 13.2424.1The Secretary shall make a Calendar of all bills, resolutions and other matters 13.25approved by the Committee of the Whole for final action. The Secretary shall place them on the 13.26Calendar in the order in which they have been acted upon in Committee of the Whole. 13.2724.2The Calendar must be electronically available or printed at least one calendar day 13.28before the matters on it are considered. 13.2925.CONSENT CALENDAR 13.3025.1If a committee determines that a bill it recommends to pass is not likely to be opposed, 13.31the committee may recommend that the bill be placed on the Consent Calendar. If the committee 13.32report is adopted, the bill must be electronically available or printed and placed on the Consent 13.33Calendar after its second reading. On the question of adoption of the report, the question of 13.34accepting the recommendation that the bill be placed on the Consent Calendar may be divided 13.35from the question of adopting the report in other respects. 14.125.2A majority of the whole Senate, or the Chair of the Committee on Rules and 14.2Administration, may order a bill on General Orders placed on the Consent Calendar. 14.325.3The Consent Calendar must be electronically available or printed at least one calendar 14.4day before the matters on it are considered. 14.525.4If a member objects to consideration of a bill on the Consent Calendar at any time 14.6during its consideration in the Senate before the question on final passage is put, and that objection 14.7is supported by at least two other members, the bill is referred to the Committee of the Whole, and 14.8the Secretary shall place it at the bottom of General Orders subject to Rule 22.2, except that it 14.9need not lie over one calendar day before consideration in the Committee of the Whole. 14.1026.SPECIAL ORDERS 14.1126.1The Chair of the Committee on Rules and Administration, or the Chair's designee, 14.12may designate a special order for a bill that has been given its second reading. 14.1326.2A special order may provide that the bill be considered immediately, at a time certain, 14.14or after specific other business is completed. 14.1526.3During consideration of a special order, Rule 36.5 is suspended. 14.1626.4As nearly as applicable, debate on the bill and all proceedings including amendments 14.17and substitutions must be conducted as in the Committee of the Whole. 14.1826.5On any question, a member may request a roll call vote, which must be entered 14.19in the Journal. 14.2026.6Unless it is otherwise disposed of, after consideration a bill on Special Orders must 14.21immediately proceed to its third reading and final passage. 14.2226.7A bill may not be made a special order if the chief author has declined on three 14.23previous occasions to take the bill up after it was designated a special order. 14.2427.MOTIONS 14.2527.1A motion or amendment must be written if a member requests. It must identify the 14.26member or committee offering it. 14.2727.2When a motion is made, it must be stated by the President. If it is in writing, it must 14.28be handed to the Secretary and read to the members. 14.2927.3After a motion is stated by the President, or read by the Secretary, it is in possession 14.30of the Senate, but may be withdrawn by the author at any time before decision or amendment. 14.3128.PRECEDENCE OF MOTIONS 14.3228.1When a question is under debate no motion may be made, except: 14.331. To adjourn. 14.342. To recess. 15.13. To reconsider. 15.24. To lay on the table. 15.35. For the previous question. 15.46. To refer. 15.57. To postpone to a day certain. 15.68. To amend. 15.79. To postpone indefinitely. 15.828.2Motions numbered 1, 2, 4 and 5 above are not debatable. 15.928.3These motions have precedence in the foregoing order; but when a motion for the 15.10previous question has been made, or the main question ordered, a motion to lay on the table 15.11is not in order. 15.1228.4A motion to postpone to a day certain, to refer, to postpone indefinitely, or to amend, 15.13having been decided, may not again be put on the same day, nor at the same stage of the bill 15.14or proposition. 15.1529.MOTION TO ADJOURN 15.16    A motion to adjourn or a motion to adjourn to a time certain is always in order. The latter 15.17motion is debatable solely as to the time. When either motion is rejected, it may not be renewed 15.18until further business has been transacted. 15.1930.MOTION TO RECONSIDER 15.2030.1When a motion or question has been decided, a member who voted with the prevailing 15.21side may move for reconsideration on the same day on which the vote was taken or within the 15.22next two calendar days or, if later, the first day the Senate meets after the vote was taken. The 15.23motion takes precedence over all other questions except a motion to adjourn or recess. When a 15.24motion to adjourn is adopted before the disposition of the motion for reconsideration, a motion 15.25for reconsideration must lie over until the next succeeding day the Senate meets except as 15.26provided in this rule. 15.2730.2When notice of intent to move reconsideration of the final action of the Senate on a 15.28question is given by a member, the Secretary shall retain the subject of the notice until after the 15.29expiration of the time during which the motion can be made. 15.3030.3A notice of intent to move for reconsideration is not in order after the Tuesday before 15.31the third Saturday in May, but a motion to reconsider may be made. 15.3230.4A motion for reconsideration having been once voted on may not be made again 15.33nor reconsidered. 16.131.MOTION FOR THE PREVIOUS QUESTION 16.231.1Unless a motion for the previous question is made specifically applicable to a 16.3subsidiary motion, it must be in this form: "Shall the main question now be put?" If the motion 16.4for the previous question is supported by a majority of the members present, its effect is to put an 16.5end to all debate and bring the Senate to a direct vote upon all pending amendments in their order 16.6and then upon the main question. 16.731.2On a motion for the previous question, a call of the Senate is in order before the 16.8President submits the question to the Senate. 16.931.3On a motion for the previous question there is no debate. All incidental questions 16.10of order, arising after a motion is made for the previous question, and pending the motion, must 16.11be decided, whether on appeal or otherwise, without debate. 16.1232.MOTION TO REFER 16.13    A bill or resolution may be referred to committee at any time before its passage. If an 16.14amendment is reported on the referral to any committee other than the Committee of the Whole, it 16.15must again be read the second time, considered in Committee of the Whole, read the third time and 16.16placed on final passage. If the referral is to the Committee of the Whole it must be placed at the 16.17head of General Orders, except when the referral is from the Consent Calendar under Rule 25.4. 16.1833.MOTION TO AMEND BILL OR RESOLUTION 16.1933.1A motion to amend must be written if a member requests. It must identify the 16.20member offering it. 16.2133.2In drawing an amendment to a bill or resolution, reference must be made, first to 16.22the number of the bill, then to the page, and then to the line or lines where language is to be 16.23stricken or inserted. 16.2433.3In filling blanks, the largest sum, the longest time and the greatest distance must be 16.25first taken. 16.2633.4The title to a bill may be amended by the Secretary at any time the bill is amended 16.27by the Senate. 16.2833.5An amendment is not in order to a bill on the Calendar or after third reading without 16.29the unanimous consent of the Senate unless it fills a blank, amends the title, is proposed to the 16.30chief author of the bill by the Revisor of Statutes to correct technical defects found by the Revisor 16.31while engrossing earlier amendments to the bill, or is proposed to a bill on the Consent Calendar 16.32before the bill is given its third reading. 16.3334.MOTION TO SUSPEND RULES 16.3434.1A rule may be suspended by a vote of at least two-thirds of the whole Senate. 17.134.2A motion to suspend the rules for the purpose of advancing a bill may be made only 17.2under the order of business, "Motions and Resolutions". 17.335.GERMANENESS 17.435.1An amendment proposed to the Senate or to the Committee of the Whole that is 17.5not germane is out of order. 17.635.2A non-germane amendment includes one that relates to a substantially different 17.7subject, or is intended to accomplish a substantially different purpose, than that of the original 17.8bill to which it is proposed. 17.935.3An amendment to insert a constitutional amendment is not germane to a bill that does 17.10not already include a constitutional amendment. 17.1135.4Whether an amendment is germane is to be decided by the President, who may put the 17.12question to the body if the President chooses. 17.1335.5A motion to remove an amendment placed on a House bill under Rule 45.1 is out of 17.14order if removal of the amendment would make a portion of the House bill not germane to the 17.15Senate companion for which it was substituted. 17.1635.6If a House amendment to a Senate bill is not germane to the Senate bill, a motion to 17.17concur in the House amendment is out of order. 17.1836.DEBATE 17.1936.1When a member is about to speak to the Senate, the member shall rise and respectfully 17.20address "Mr. (or Madam) President." The member may not proceed to speak further until 17.21recognized by the President. 17.2236.2The member shall speak only to the question under debate and avoid personality. 17.2336.3The member may inform the Senate of the Governor's position on a bill and on its 17.24status in the House of Representatives. 17.2536.4In discussing a resolution, each member is limited to ten minutes. 17.2636.5A member may not speak more than twice on the same question on the same day 17.27without permission of the Senate. 17.2836.6When a member is speaking, no one may stand between the member speaking and the 17.29President. 17.3036.7A member may not speak without using a microphone. 17.3136.8All remarks during debate shall be addressed to the President. 17.3236.9When the President puts a question, or addresses the Senate, no one may walk out of 17.33or cross the Chamber. 17.3436.10When a member is called to order, the member shall be silent until it is determined 17.35whether or not the member is in order. If a member is called to order for words spoken in debate, 17.36the words excepted to must be taken down in writing by the Secretary immediately. 18.137.ABSENCE OF MEMBERS 18.2    A member or officer of the Senate may not be absent from a session of the Senate unless 18.3excused by the Senate. The name of a member excused must be printed in the Journal. 18.438.CALL OF THE SENATE 18.538.1A member may impose a call of the Senate requiring the attendance of all members 18.6before any further proceedings occur except a motion to adjourn. 18.738.2Upon the imposition of a call, a member may request a record of those present and the 18.8Sergeant at Arms shall bring in the absent members. 18.938.3When the Senate has been placed under call, a member may demand that the doors be 18.10closed and that no member be permitted to leave the Chamber until the matter or question, if any, 18.11under consideration at the time of the call is disposed of, or until the call is lifted by a majority of 18.12the whole Senate, or until the Senate adjourns. 18.1338.4A majority of the whole Senate may excuse members not answering the call. 18.1438.5A call may not be imposed after voting has commenced. 18.1539.DIVISION OF QUESTION 18.1639.1A member may call for a division of the question when the division is possible. 18.17A motion to strike and insert is indivisible. 18.1839.2The defeat of a motion to strike does not preclude an amendment nor a motion to 18.19strike and insert. 18.2040.VOTING 18.2140.1The President shall distinctly state the question before taking the vote. The President 18.22shall declare the result of the vote. If a member questions the result of a vote, the President 18.23shall order a division. 18.2440.2A member may vote on a question or be counted on a division only at the member's 18.25own seat in the Senate Chamber. 18.2640.3At any time before the start of voting on a question, a member may request a roll call 18.27vote, which must be entered in the Journal. 18.2840.4Unless otherwise ordered, a roll call vote, except upon elections, may be taken by 18.29means of the electrical voting system under the control of the President. 18.3040.5A roll call vote may not be interrupted except to close the roll as provided in Rule 41.3. 18.3140.6A member or other person may not proceed to or remain by the Secretary's desk while 18.32a roll call or division is being taken. 18.3341.MEMBERS TO VOTE UNLESS EXCUSED 18.3441.1Every member who is in the Senate Chamber during a roll call shall vote upon the 18.35request of another member unless excused by the Senate. 19.141.2A motion by a member to be excused from voting must be made before the question is 19.2put. A member wishing to be excused from voting may make a brief statement of the reason for 19.3making the request. The question on the motion to excuse must be taken without further debate. 19.441.3When members have had an opportunity to vote and fail to do so, a majority of the 19.5whole Senate may, by motion, direct the President to close the roll. 19.641.4The vote on a motion to close the roll must be taken without debate. No member 19.7is required to vote on the motion. 19.842.FINAL PASSAGE 19.9    The final question on a bill or other matter requiring action by both Houses after its first and 19.10second reading, and after the consideration in Committee of the Whole, is on its final passage. 19.1143.TRANSMITTING BILLS TO THE HOUSE 19.1243.1Except when a motion to reconsider has been made as provided in Rule 30, 19.13immediately after the passage of a bill or other matter in which the concurrence of the House of 19.14Representatives is requested, the Secretary shall transmit it to the House. 19.1543.2On the concurrence of a bill or other matter of the House by the Senate, or on the 19.16concurrence or disagreement in a vote of the House, the Secretary shall notify the House. 19.1744.ENGROSSING AND ENROLLING OF BILLS 19.1844.1The Secretary and the Engrossing Secretary shall ensure that every bill, memorial, or 19.19resolution originating in the Senate is carefully engrossed before it is transmitted to the House 19.20of Representatives for concurrence. 19.21    All engrossing and enrolling of bills shall be done at the direction and under authority of 19.22the Senate. 19.2344.2The Secretary shall ensure that every bill, memorial, or resolution originating in the 19.24Senate is carefully enrolled by the Revisor of Statutes before it is presented to the Governor 19.25or filed with the Secretary of State. 19.2645.COMPARISON AND SUBSTITUTION OF BILLS 19.2745.1A House bill, after its first reading, must be referred as follows, unless there is a 19.28motion by the Chair of the Committee on Rules and Administration or a designee of the Chair: 19.29    (a) If there is no Senate companion bill, the House bill must be referred to the appropriate 19.30standing committee, unless there is objection under Rule 4.9. 19.31    (b) If there is a Senate companion bill, the House bill must be referred to the standing 19.32committee possessing the Senate companion. 20.1    (c) If the Senate companion bill has been reported to the Senate, the House bill must be 20.2referred to the Committee on Rules and Administration, which shall report whether the House bill 20.3is identical to the Senate companion bill. If the bills are identical, the report must recommend that 20.4the House bill be given its second reading and substituted for the Senate companion bill and the 20.5Senate companion bill be indefinitely postponed. If the House bill is not identical to the Senate 20.6companion bill, the report of the committee must recommend an amendment to the House bill 20.7that when adopted will render the House bill identical to the Senate bill. Upon adoption of a 20.8committee report containing the proposed amendment, the House bill as amended must be given 20.9its second reading and substituted for the Senate companion bill and the Senate companion 20.10bill must be indefinitely postponed. 20.1145.2The Secretary shall prepare and submit reports under this rule on behalf of the 20.12Committee on Rules and Administration. 20.1345.3A House bill placed on the Calendar by substitution must not be given its third reading 20.14on the same day as the substitution. 20.1546.CONFERENCE COMMITTEES 20.1646.1The Committee on Rules and Administration may constitute a standing Subcommittee 20.17on Conference Committees, the report of which within its jurisdiction has the effect of a report of 20.18the Committee on Rules and Administration. The subcommittee consists of three members, one 20.19of whom must be a member of the minority group. 20.2046.2The Subcommittee on Conference Committees shall appoint all conference 20.21committees of the Senate and report the appointments to the Senate. In the appointment of 20.22members of conference committees between the two houses, the Subcommittee on Conference 20.23Committees shall appoint those who are in accord with the position of the Senate. Whenever 20.24practical, the subcommittee shall give preference to authors of bills in dispute and to members of 20.25standing committees in which the bills were considered. 20.2647.DISPOSITION OF BILLS ON ADJOURNMENT 20.27    Adjournment of the regular session in an odd-numbered year to a date certain in the 20.28following year is equivalent to daily adjournment, except that a bill on the Calendar, Consent 20.29Calendar, or General Orders, or table, other than a bill laid on the table after being vetoed by the 20.30governor or after its conference committee has been discharged under Joint Rule 3.02, must 20.31be returned to the standing committee other than the Committee on Rules and Administration 20.32from which it was last reported to the Senate, unless otherwise provided for by motion before 20.33adjournment. Bills returned to committee under this rule must, upon request of the chief author, 20.34be given priority for consideration by the committee in the even-numbered year ahead of all other 20.35bills in the order in which they appeared on the Calendar, Consent Calendar, or General Orders. 21.148.PRINTING AND DISTRIBUTION OF BILLS 21.248.1Unless otherwise ordered by the Senate, all Senate bills that have been reported upon 21.3favorably or without recommendation by a committee must be electronically available or printed 21.4before consideration by the Senate or the Committee of the Whole. 21.548.2A House bill amended by the Senate must be unofficially engrossed and electronically 21.6available or printed when placed on General Orders. 21.748.3A bill may be electronically available or printed by order of the Secretary when 21.8amended after second reading. 21.948.4A bill must be electronically available or printed when ordered by the Senate. 21.1048.5Action by the Senate on a bill that has not been printed is a waiver of the printing 21.11requirement. 21.1248.6To the extent practical, the Secretary shall provide a copy of any bill to the public 21.13and may charge a reasonable fee. 21.1449.JOURNAL AND INDEX 21.1549.1The Secretary shall keep a correct Journal of the proceedings of the Senate and shall 21.16perform other duties assigned to the Secretary. 21.1749.2The Secretary shall not permit Journal records, accounts or papers to be taken out of 21.18the Secretary's custody, other than in the regular mode of business. If a document in the Secretary's 21.19charge is missing, the Secretary shall report the fact to the President, so that inquiry may be made. 21.2049.3The Secretary shall supervise the recording of proceedings in the Journal, the 21.21engrossing, transcribing and copying of bills and resolutions, and generally perform the duties of 21.22Secretary, under direction of the Committee on Rules and Administration. 21.2349.4The Journal of each day's proceedings is open for correction at any time during 21.24the session of the next day the Senate meets. Unless corrected on that day, the Journal stands 21.25approved. 21.2649.5The Secretary shall keep a record of all Senate and House bills showing the status 21.27of each bill pending, until its final passage. 21.2850.ELECTRONIC RECORDINGS 21.2950.1The Secretary shall cause to be recorded on electronic media the proceedings of the 21.30Senate, the Committee of the Whole, and each standing committee, subcommittee, and division. 21.31Each electronic record must be clearly labeled to show the name of the body whose proceedings 21.32are recorded and the dates the proceedings occurred. Each electronic record of the proceedings of 21.33the Senate and the Committee of the Whole must be accompanied by a log showing the number of 21.34each bill considered and the places on the record where consideration of the bill occurred. 22.150.2Within two working days after each Senate session, the Secretary shall make a copy 22.2of the electronic record and corresponding log of proceedings of the Senate and the Committee 22.3of the Whole available to the Legislative Reference Library. 22.450.3Within one week after each meeting of a standing committee, subcommittee, or 22.5division, the Secretary shall make the electronic record of the meeting available to the Legislative 22.6Reference Library, together with an agenda showing bills considered and any action taken on 22.7them. 22.850.4Upon completion and approval of the minutes of the meeting, the Secretary shall 22.9promptly deliver a copy of the minutes to the Legislative Reference Library. 22.1050.5The Secretary shall keep a record of each session of the Senate and the Committee 22.11of the Whole, each meeting of a Senate standing committee, subcommittee, or division and 22.12the date on which the electronic record of the session or meeting was made available to the 22.13Legislative Reference Library. The Library shall keep a similar record of all electronic records 22.14to which it has been given access. 22.1550.6The Library shall provide committee staff with reasonable access to Senate electronic 22.16records and shall provide the public with convenient facilities to listen to them. 22.1750.7The Secretary shall make copies of Senate electronic records available to the public 22.18for a fee determined by the Secretary to be adequate to cover the cost of preparing the copies. A 22.19copy must be provided free to a member of the Senate upon request for use in legislative business. 22.2050.8The Secretary shall keep the original electronic record and log of each session of the 22.21Senate and the Committee of the Whole until the end of the period for which the members of the 22.22existing House of Representatives have been elected, at which time the electronic record may be 22.23preserved or disposed of as the Secretary sees fit. The Legislative Reference Library shall keep 22.24electronic records, logs, and minutes forwarded to it until two years after the end of the period 22.25for which the members of the existing Senate have been elected, at which time they may be 22.26preserved or disposed of as the Library sees fit. 22.2750.9The Senate intends that testimony and discussion preserved under this rule not be 22.28admissible in any court or administrative proceeding on an issue of legislative intent. 22.2951.OTHER DUTIES OF SECRETARY 22.3051.1The Secretary shall not issue a certificate authorizing the payment of money by virtue 22.31of a motion or resolution, unless the motion or resolution is voted for by a majority of the whole 22.32Senate on a roll call vote. 22.3351.2The Secretary and the Engrossing Secretary shall correct all mistakes in numbering 22.34the sections and reference to them, whether the errors occur in the original bill or are caused 22.35by amendments to it. 23.151.3The Secretary is the agent of the Senate for the purchase of supplies and services. The 23.2Secretary's records on purchase of supplies and services are open for inspection. 23.351.4The Secretary shall adopt administrative controls to ensure that each member is 23.4accountable for the member's own long distance telephone calls and that Senate telephones 23.5are used only for Senate business. 23.651.5By the 15th day of April, July, October, and January of each year, the Secretary shall 23.7submit a detailed report of Senate expenditures during the previous quarter to the Committee on 23.8Rules and Administration. 23.951.6The Secretary's public records may be inspected during normal business hours. 23.1052.SERGEANT AT ARMS 23.11    The Sergeant at Arms shall execute all orders of the President and perform all assigned 23.12duties connected with the police and good order of the Senate Chamber; exercise supervision 23.13over the entry and exit of all persons to and from the Chamber; see that messages are promptly 23.14delivered; see that the hall is properly ventilated and the temperature is properly regulated, and 23.15that the Chamber is open for the use of members of the Senate at least one-half hour before the 23.16start of a session; and perform all other services pertaining to the office of Sergeant. 23.1753.BUDGET AND EXPENDITURES 23.1853.1The Committee on Rules and Administration shall adopt an operating budget for 23.19the Senate. 23.2053.2All propositions for the appointment and payment of employees of the Senate or for 23.21expenditures of the Legislature, other than those provided by law, must be referred without debate 23.22to the Committee on Rules and Administration. 23.2354.EMPLOYEES 23.2454.1The Committee on Rules and Administration shall establish positions, set 23.25compensation, appoint employees, and authorize expense reimbursement for employees as it 23.26deems necessary to carry out the work of the Senate. At the request of any committee member, an 23.27action of the committee must be submitted as a Senate resolution for adoption by the Senate. 23.2854.2The Secretary shall keep a roster of all employees of the Senate, including positions 23.29and compensation, which must be open for inspection by the public. 23.3054.3The Secretary shall post, in a public place in the Capitol, a notice of every vacant 23.31position on the permanent staff of the Senate. The notice must remain posted for at least two 23.32weeks, and no vacancy may be filled until the period of posting has elapsed. 23.3354.4Except as otherwise provided in these rules, the Committee on Rules and 23.34Administration has full and exclusive authority over, and charge of all employees of the Senate 23.35both elected and appointed. The committee has the sole and exclusive power and authority to 24.1assign them to duties other than for which they were elected or appointed as the committee 24.2may provide. 24.354.5The committee may make employment rules and regulations. In case of violation of 24.4an order of the committee by an employee, or in case of a violation of a rule or regulation made 24.5by the committee, or in case of misconduct or omission by an employee, the Committee on Rules 24.6and Administration may hear complaints and discharge the employee or impose discipline, a 24.7fine, or other punishment upon the employee. 24.854.6The Secretary shall supervise the employees under the direction of the Committee on 24.9Rules and Administration. 24.1055.SUBCOMMITTEE ON ETHICAL CONDUCT 24.1155.1The Subcommittee on Committees shall appoint a Subcommittee on Ethical Conduct 24.12of the Committee on Rules and Administration consisting of four members, two from the majority 24.13group and two from the minority group. 24.1455.2The subcommittee shall serve in an advisory capacity to a member or employee upon 24.15written request and shall issue recommendations to the member or employee. A member may 24.16request the subcommittee to provide its advice on a potential conflict of interest to the member in 24.17private. If so requested, the subcommittee shall conduct its proceedings on the advisory opinion 24.18in private. The request, proceedings on the request, and any advice given by the subcommittee 24.19in response to the request must remain private. The member may not use an advisory opinion 24.20from the subcommittee as a defense to a complaint under this rule unless the opinion has been 24.21adopted by the subcommittee at a public meeting. 24.2255.3The subcommittee shall investigate a complaint by a member of the Senate in writing 24.23under oath received before adjournment sine die in the last year of a senate term or during a 24.24special session held after that time regarding improper conduct by a member or employee of the 24.25Senate. The subcommittee has the powers of a standing committee to issue subpoenas under 24.26Minnesota Statutes, section 3.153. 24.2755.4Within 30 days after receiving a complaint, the subcommittee must meet and either 24.28make a finding of no probable cause, vote to defer action until a certain time, or proceed with 24.29its investigation. 24.3055.5In order to determine whether there is probable cause to believe that improper conduct 24.31has occurred, the subcommittee may, by a vote of three of its members, conduct a preliminary 24.32inquiry in executive session to which the open meeting requirements of Rules 12.1 to 12.3 do 24.33not apply. The executive session may be ordered by a vote of three of its members whenever 24.34the subcommittee determines that matters relating to probable cause are likely to be discussed. 24.35The executive session must be limited to matters relating to probable cause. Upon a finding of 24.36probable cause, further proceedings on the complaint are open to the public. 25.155.6The subcommittee may appoint special counsel to provide expert advice on how 25.2to conduct its proceedings. The subcommittee may appoint a suitable person to conduct the 25.3investigation and report findings of fact and recommendations for action to the subcommittee. 25.455.7If, after investigation, the subcommittee finds the complaint substantiated by the 25.5evidence, it shall recommend to the Committee on Rules and Administration appropriate 25.6disciplinary action. 25.755.8To minimize disruption of its public proceedings, the subcommittee may require that 25.8television coverage be pooled or be provided by Senate media services. 25.955.9If criminal proceedings relating to the same conduct have begun, the subcommittee 25.10may defer its proceedings until the criminal proceedings have been completed. 25.1155.10The Senate intends that proceedings of the Subcommittee on Ethical Conduct not be 25.12admissible in any criminal proceeding. 25.1356.STANDARDS OF ETHICAL CONDUCT 25.1456.1Members shall adhere to the highest standard of ethical conduct as embodied in the 25.15Minnesota Constitution, state law, and these rules. 25.1656.2A member shall not publish or distribute written material if the member knows or 25.17has reason to know that the material includes any statement that is false or clearly misleading, 25.18concerning a public policy issue or concerning the member's or another member's voting record 25.19or position on a public policy issue. 25.2056.3Improper conduct includes conduct that violates a rule or administrative policy of the 25.21Senate, that violates accepted norms of Senate behavior, that betrays the public trust, or that tends 25.22to bring the Senate into dishonor or disrepute. 25.2357.CONFLICTS OF INTEREST 25.24    A member who in the discharge of senatorial duties would be required to take an action or 25.25make a decision that would substantially affect the member's financial interests or those of an 25.26associated business, unless the effect on the member is no greater than on others in the member's 25.27business classification, profession, or occupation, shall disclose the potential conflict of interest 25.28by following the procedure set forth in Minnesota Statutes, section 10A.07. 25.2958.LOBBYISTS 25.3058.1A lobbyist shall not appear before a Senate committee pursuant to the lobbyist's 25.31employment unless the lobbyist is in compliance with the law requiring lobbyist registration, 25.32Minnesota Statutes, sections 10A.03 to 10A.06. A lobbyist, when appearing before a committee, 25.33shall disclose to the committee on whose behalf the lobbyist speaks and the purpose of the 25.34lobbyist's appearance. 26.158.2A lobbyist shall not knowingly, either directly or through a third party, furnish false or 26.2misleading information or make a false or misleading statement that is relevant and material to a 26.3matter before the Senate or any of its committees when the lobbyist knows or should know it 26.4will influence the judgment or action of the Senate or any of its committees, subcommittees, or 26.5divisions. 26.658.3The Subcommittee on Ethical Conduct shall investigate a complaint by a member of 26.7the Senate in writing under oath received before adjournment sine die in the last year of a Senate 26.8term or during a special session held after that time that a lobbyist has violated Rule 58.1 or 58.2. 26.9The investigatory procedures of Rule 55 apply, except as provided in this rule. The complaint 26.10and proceedings on the complaint are private until the subcommittee has found probable cause to 26.11believe that a violation of Rule 58.1 or 58.2 has occurred, unless they are made public by the 26.12lobbyist whose conduct is the subject of the complaint or by the vote of at least three members 26.13of the subcommittee. 26.1459.AMENDMENTS TO RULES 26.15    Every proposition to amend a rule of the Senate must be referred to the Committee on Rules 26.16and Administration. The proposition may not be acted upon until the report of the committee 26.17is received by the Senate.

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