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KEY: stricken = old language to be removed
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Authors and Status


S.R. No. 65, First Engrossment: 86th Legislative Session (2009-2010) Posted on May 17, 2009

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 86th Legislature shall read as follows: 1.5PERMANENT RULES OF THE SENATE 1.686TH LEGISLATURE (2009 - 2010) 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 4.10. 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 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. 3.54.9A bill introduced by a committee need not be referred to a standing committee unless a 3.6question arises. It must lie over one day before being given its second reading. 3.74.10A member may question the reference of a bill during the order of business of first 3.8reading on the day of introduction. When a member questions the reference of a bill, the bill must 3.9be referred without debate to the Committee on Rules and Administration to report the proper 3.10reference. Upon adoption of the report of the Committee on Rules and Administration, the bill 3.11must 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 4.10 applies. 3.327.BUDGET RESOLUTION TARGETS 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. 4.337.2At least 15 days before the deadline for divisions of the Committee on Finance to act 4.34favorably on omnibus appropriations bills, targets for the general fund budget must be publicly 4.35announced. 4.367.5 7.3The major omnibus tax and appropriation bills are: 5.1    (1) the omnibus tax bill; 5.2    (2) the E-12 education appropriations bill; 5.3    (3) the higher education appropriations bill; 5.4    (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 and housing appropriations bill; 5.8(8) the public safety appropriations bill; 5.9    (9) the judiciary appropriations bill; 5.10(10) the state government appropriations bill; 5.11    (11) the transportation appropriations bill; and 5.12    (12) the omnibus capital investment bill. 5.13    A major An omnibus 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. 6.77.4An amendment to an omnibus appropriation or tax bill that is a Senate file is out of 6.8order if it will increase net appropriations from a fund for a fiscal biennium, compared to the bill 6.9as it was reported to the floor of the Senate, without a corresponding increase in net revenue. 6.107.5An amendment to an omnibus appropriation or tax bill that is a Senate file is out of 6.11order if it will reduce net revenue to a fund for a fiscal biennium, compared to the bill as it was 6.12reported to the floor of the Senate, without a corresponding reduction in net appropriations. 6.137.6An amendment to an omnibus appropriation or tax bill that is a Senate file is out of 6.14order if it will change appropriations, transfers, or revenues to an agency that was not in the 6.15bill as it was reported to the floor of the Senate, or will create or increase the amount of a tax 6.16expenditure by reducing appropriations, transfers, or revenues to an agency that was not in the bill 6.17as it was reported to the floor of the Senate. 6.188.CONFIRMATIONS 6.198.1Every gubernatorial appointment requiring the advice and consent of the Senate must 6.20be referred by the President to the appropriate committee. If a question arises as to the proper 6.21committee, the appointment must be referred without debate to the Committee on Rules and 6.22Administration for a report making the proper reference. 6.238.2An appointment referred to committee and not reported to the Senate within 60 6.24legislative days after it was referred is withdrawn from committee and placed on the confirmation 6.25calendar for consideration by the Senate before adjournment of the regular session, unless the 6.26appointee's term has expired or the appointee is no longer serving. 6.278.3The final question on the appointment is, "Will the Senate, having given its advice, 6.28now consent to this appointment?" The question must not be put the same day the appointment is 6.29received or on the day it is reported by committee except by unanimous consent. Confirmation of 6.30the appointment requires the affirmative vote of a majority of the whole Senate. 6.319.STANDING COMMITTEES 6.32The standing committees of the Senate are as follows: 6.33Agriculture and Veterans 6.34Business, Industry and Jobs 6.35Capital Investment 7.1Commerce and Consumer Protection 7.2Education 7.3Energy, Utilities, Technology and Communications 7.4Environment and Natural Resources 7.5Finance 7.6Health, Housing and Family Security 7.7Higher Education 7.8Judiciary 7.9Rules and Administration 7.10State and Local Government Operations and Oversight 7.11Taxes 7.12Transportation 7.1310.APPOINTMENTS TO STANDING COMMITTEES 7.1410.1The majority and minority groups must each be represented on all standing 7.15committees of the Senate substantially in proportion to their numbers in the Senate. The majority 7.16group shall assign the number of positions the minority group will hold on each committee. The 7.17minority group must be given adequate notice of its positions before the session begins. 7.1810.2Both the majority and minority groups shall appoint their own members to fill the 7.19number of positions each group will hold on each committee and budget division. The minority 7.20group shall transmit notice of its assignments to the majority group within 14 calendar days after 7.21receipt of the notice of positions available. The minority group may designate a ranking member 7.22for each committee. Nothing prohibits a member of the minority group from serving as chair or 7.23vice chair of a committee, subcommittee, division, or commission. If the minority group for any 7.24reason fails to make its appointments pursuant to this rule, the majority group may make all the 7.25committee and budget division assignments. 7.2610.3The majority and minority committee assignments are subject to the uniform criteria 7.27governing committee assignments applicable to both the majority and minority groups. The 7.28uniform criteria must be promulgated by the majority group and transmitted to the minority group 7.29together with notification of committee and budget division positions available to the minority. 7.3010.4The Senate resolution establishing representation on all Senate standing committees 7.31must set forth committee assignments as made by the majority and minority groups. 7.3210.5A member may not serve as the chair of the same standing committee or the same 7.33division of a standing committee, or a committee or division with substantially the same 7.34jurisdiction, for more than three consecutive Senate term , provided that a chair whose third term 7.35ends in a year ending in one may serve a fourth consecutive term of no more than two years. This 8.1limit does not apply to the Committee on Rules and Administration. This limit applies to time 8.2served as a chair in the seventy-eighth legislature and thereafter. 8.310.6After the organization of the Senate and after consultation with and the approval of 8.4the minority leader, the Chair of the Committee on Rules and Administration may add members 8.5to or delete members from a standing committee or division. 8.611.APPOINTMENTS BY SUBCOMMITTEE ON COMMITTEES 8.711.1The Committee on Rules and Administration may constitute a standing Subcommittee 8.8on Committees, the report of which within its jurisdiction has the effect of a report of the 8.9Committee on Rules and Administration. The subcommittee consists of at least five members, 8.10including members of the minority group substantially in proportion to their number in the Senate. 8.1111.2Unless otherwise provided, the Subcommittee on Committees shall appoint all 8.12members of commissions or other bodies authorized to be appointed by the Senate and report the 8.13appointments to the Senate. 8.1412.COMMITTEE MEETINGS 8.1512.1All meetings of the Senate, its committees, committee divisions, and subcommittees 8.16are open to the public. A meeting of a caucus of the members of any of those bodies from the same 8.17political party need not be open to the public. A caucus of the Hennepin county, Ramsey county, 8.18or St. Louis county delegation is open to the public. For purposes of this rule, a meeting occurs 8.19when a quorum is present and action is taken regarding a matter within the jurisdiction of the body. 8.2012.2Any person may submit to the Chair of the Committee on Rules and Administration 8.21a complaint that members have violated the open meeting requirements of Minnesota Statutes, 8.22section 3.055. A member of the Senate may submit the complaint either orally or in writing; 8.23others must submit the complaint in writing. Whether the complaint was written or oral, the 8.24Chair of the Committee on Rules and Administration shall immediately forward it in writing to 8.25the Subcommittee on Ethical Conduct without disclosing the identity of the complainant. The 8.26complaint must not be further disclosed without the consent of the complainant, except to the 8.27members against whom the complaint was made, unless the complaint was made by a member of 8.28the Senate in writing under oath, in which case the investigatory procedures of Rule 55 apply. 8.2912.3To the extent practical, a committee, subcommittee, or division shall announce each 8.30meeting to the public at least three calendar days before convening. The notice must state the 8.31name of the committee, subcommittee, or division, the bill or bills to be considered, and the place 8.32and time of meeting. A bill may not be considered on the day it was introduced, except by a vote 8.33of two-thirds of the members of the committee, subcommittee, or division. The notice must be 8.34posted on the Senate's Web site and on all Senate bulletin boards in the Capitol and the State 8.35Office Building. A notice must be sent to the House of Representatives for posting as it deems 8.36necessary. If the three-day notice requirement cannot be met, the committee, subcommittee, or 9.1division shall give simultaneous notice to all of the known proponents and opponents of the 9.2bill as soon as practicable. 9.312.4A Senate committee, subcommittee, or division shall adjourn no later than 10:00 p.m. 9.4each day, unless two-thirds of the members present vote to suspend this requirement. 9.512.5Committees, subcommittees, and divisions may not meet while the Senate is in 9.6session without permission of the Senate. The names of the members excused shall be printed 9.7in the Journal. 9.812.6A majority of its members constitutes a quorum of a committee, subcommittee, 9.9or division. 9.1012.7Each standing committee of the Senate, including a subcommittee or division of the 9.11committee, may at any time sit and act, investigate and take testimony on any matter within its 9.12jurisdiction, report hearings held by it, and make expenditures as authorized by the Committee on 9.13Rules and Administration. 9.1412.8A standing committee, but not a subcommittee or division, may require by subpoena 9.15or otherwise the attendance and testimony of witnesses and the production of correspondence, 9.16books, papers, and documents, in the manner provided by Minnesota Statutes, section 3.153. 9.1712.9Upon the request of a member of a committee, subcommittee, or division to which a 9.18bill has been referred, or upon the request of the chief author of the bill, a record must be made of 9.19the vote on the bill or any amendment in the committee, subcommittee, or division. 9.2012.10Upon request of three members of the committee before the vote is taken, the record 9.21of a roll call vote in a standing committee must accompany the committee report and be printed 9.22in the Journal. 9.2312.11A committee report may only be based on action taken at a regular or special meeting 9.24of the committee. A report in violation of this rule is out of order. 9.2513.HOUR OF CONVENING 9.26    If the Senate adjourns without setting a time to reconvene, the Senate shall convene on the 9.27next legislative day at 10:00 a.m. 9.2814.PRESIDENT 9.2914.1The President shall take the chair at the time to which the Senate adjourned. The 9.30President shall immediately call the members to order and, on the appearance of a quorum, shall 9.31proceed with the regular order of business. 9.3214.2The President may call a member to preside. In the absence of the President, the 9.33President Pro Tem, the Chair of the Committee on Rules and Administration, or the Chair's 9.34designee, shall preside over the Senate. In the absence of the President and the Chair, the Senate 9.35may select a member to perform the duties of the President. Substitutions do not extend beyond 9.36adjournment. 10.114.3The President shall preserve order and decorum, may speak on points of order in 10.2preference to members, and shall also decide all questions of order, subject to an appeal to the 10.3Senate by a member. 10.414.4An appeal is decided by a majority vote of those present and voting. Upon an appeal 10.5from the decision of the President, the question is, "Shall the decision of the President be the 10.6judgment of the Senate?" 10.714.5The President shall sign all acts, memorials, addresses and resolutions. All writs, 10.8warrants, and subpoenas issued by the Senate must be signed by the President and attested by the 10.9Secretary. 10.1014.6Upon a finding by the Committee on Rules and Administration that the President 10.11refuses or is unable to sign any of the documents described in this rule, the Chair of the Committee 10.12on Rules and Administration, or some other member selected by the committee, shall assume the 10.13duties of the President under this rule until the President is able to sign the documents described 10.14or until the Senate elects a new President, whichever occurs first. 10.1515.ADMISSION TO SENATE CHAMBER 10.1615.1The Senate Chamber is reserved for Senate use. 10.1715.2A person may not be admitted to the Senate Chamber except as provided in these 10.18rules. A member, an officer, the constitutional officers, ex-Governors of the State of Minnesota, 10.19members of the House, judges of the trial and appellate courts and members of Congress may be 10.20admitted. 10.2115.3Past members of Congress or of the state Legislature who are not interested in 10.22any claim or directly in a bill pending before the Legislature may be personally admitted by a 10.23member of the Senate. 10.2415.4An employee of either house may be admitted at the request of a member or an 10.25officer of the Senate. 10.2615.5The head of a department of state government may be admitted by the President. 10.2715.6A member of another state, provincial, or national legislative body may be admitted 10.28to the floor by any member of the Senate. A member of another legislative body who is admitted 10.29to the floor may be introduced to the Senate by the President. 10.3015.7When the Senate is not meeting, a person who is not a member may be admitted to the 10.31floor at the request of a member or an officer. 10.3215.8Public hearings may not be held in the Senate Chamber. The Senate Chamber may 10.33not be used for any commercial purpose. 10.3415.9The Retiring Room of the Senate is reserved for the exclusive use of the members of 10.35the Senate at all times. The Sergeant at Arms shall strictly enforce this rule. 11.115.10When a member-elect is sworn in, the member-elect may request that one guest be 11.2admitted until the member-elect has been sworn in. 11.316.PRIVILEGE OF REPORTERS 11.416.1The Secretary shall provide space for news reporters on the Senate floor in limited 11.5numbers, and in the Senate gallery. Because of limited space on the floor, permanent space is 11.6limited to those news agencies that regularly cover the legislature, namely: The Associated Press, 11.7St. Paul Pioneer Press, St. Paul Legal Ledger, Star Tribune, Duluth News-Tribune, The Forum, 11.8Rochester Post-Bulletin, St. Cloud Times, WCCO radio, KSTP radio, Minnesota Public Radio, 11.9and Minnesota News Network. The Secretary shall provide an additional two spaces to other 11.10reporters if space is available. One person from each named agency and one person from the 11.11Senate Publications Office may be present at the press table on the Senate floor at any time. Other 11.12news media personnel may occupy seats provided in the Senate gallery. 11.1316.2The Secretary shall compile and distribute to the public a directory of reporters 11.14accredited to report from the Senate floor. The directory must include each reporter's picture 11.15and news organization and a brief biography. 11.1616.3The Secretary must issue each accredited reporter an identification badge showing the 11.17reporter's name and news organization. The reporter must wear the badge when in the Senate 11.18Chamber. 11.1917.DECORUM 11.2017.1In case of a disturbance or disorderly conduct in the lobbies or galleries, the President 11.21may order them cleared. 11.2217.2A member may not introduce a visitor or visitors in the galleries from the floor or 11.23rostrum of the Senate. 11.2417.3Smoking is not permitted in the Senate Chamber or galleries, the Retiring Room, 11.25hearing rooms, offices, or other spaces under the control of the Senate. 11.2617.4During floor proceedings, picture taking by persons other than accredited news or 11.27legislative photographers, picture taking with floodlights or flash units, and visual or audible 11.28disruptions are prohibited. At all times, demonstrations and food or beverages are prohibited 11.29in the Senate Chamber and in the galleries. 11.3017.5Television recording or broadcasting on the Senate floor is under the direction of the 11.31Secretary. 11.3218.ORDER OF BUSINESS 11.3318.1The order of business is as follows: 11.341. Petitions, letters, remonstrances. 12.12. Executive and official communications. 12.23. Messages from the House of Representatives. 12.34. First reading of House bills. 12.45. Reports of committees. 12.5(a) From standing committees. 12.6(b) From select committees. 12.76. Second reading of Senate bills. 12.87. Second reading of House bills. 12.98. Introduction and first reading of Senate bills. 12.108.9. Motions and Resolutions. 12.119.10. Calendar. 12.1210.11. Consent Calendar. 12.1311.12. General Orders. 12.1412. Introduction and first reading of Senate bills. 12.1513. Announcements of Senate interest. 12.1618.2Under the order of business of Motions and Resolutions, the Senate may by a majority 12.17vote of the whole Senate temporarily revert or proceed to any other order of business. 12.1819.PETITIONS AND OTHER COMMUNICATIONS 12.1919.1In presenting a petition, memorial, remonstrance or other communication addressed 12.20to the Senate, a member shall only state the general purpose of it. 12.2119.2Every petition, memorial, remonstrance, resolution, bill and report of committee, must 12.22have an appropriate title, and the name of the member presenting it written on it. 12.2319.3Every written communication distributed to members in the Senate Chamber must 12.24have the name of the member or officer distributing it displayed on it. 12.2520.MESSAGES FROM THE HOUSE 12.26    A message from the House of Representatives that a Senate bill has been amended, and the 12.27amendment, must be printed and placed on the members' desks before a member may move to 12.28concur in the House amendment. If the amendment has been printed in the House Journal for a 12.29preceding day and is available to the members, the Journal copy may serve as the printed copy. 13.121.OBJECTIONS TO COMMITTEE REFERRALS 13.2    A member may question the proper reference of a bill at the time the bill is reported by a 13.3standing committee to which it was previously referred. When a member questions the reference 13.4of a bill, the bill must be referred without debate to the Committee on Rules and Administration 13.5to report the proper reference. Upon adoption of the report of the Committee on Rules and 13.6Administration, the bill must be referred accordingly. 13.722.GENERAL ORDERS 13.822.1The Secretary shall make a list of all bills, resolutions, reports of committees, and 13.9other proceedings of the Senate that are referred to the Committee of the Whole and number 13.10them. The lists are called the "General Orders". 13.1122.2Items on General Orders may be taken up in the order in which they are numbered, as 13.12ordered by the Chair of the Committee on Rules and Administration, or as otherwise ordered by a 13.13majority of the committee. 13.1422.3General Orders, together with all bills required to be included on it, must be 13.15electronically available or printed at least one calendar day before being considered in Committee 13.16of the Whole. 13.1722.4With the concurrence of the chief author of the bill, a majority of the whole Senate 13.18may at any time take a bill from the table and place it on General Orders. 13.1923.COMMITTEE OF THE WHOLE 13.2023.1All bills, memorials, orders, resolutions and votes requiring the approval of the 13.21Governor must, after a second reading, be considered in Committee of the Whole before they are 13.22finally acted upon by the Senate, unless considered on the Consent Calendar or as a Special Order. 13.2323.2The President may call a member to the Chair when the Senate resolves itself into the 13.24Committee of the Whole. 13.2523.3The rules observed in the Senate govern, as far as practicable, the proceedings of the 13.26Committee of the Whole, and the Chair of the Committee of the Whole has the powers of the 13.27President, as appropriate. However, a member may speak more than twice on the same subject 13.28and a call for the previous question may not be made. 13.2923.4Three members may request a roll call vote. The vote must be recorded in the Journal 13.30along with the amendment. 13.3123.5The recommendations of the Committee of the Whole must be reported to the Senate. 13.32The question is on the adoption or rejection of the report, and no other question may be admitted. 13.33The question may be divided to permit separate Senate action on the report as to any bill. 13.3423.6On adoption of the report of the Committee of the Whole, all bills recommended to 13.35pass must be placed on the Calendar. 14.124.CALENDAR 14.224.1The Secretary shall make a Calendar of all bills, resolutions and other matters 14.3approved by the Committee of the Whole for final action. The Secretary shall place them on the 14.4Calendar in the order in which they have been acted upon in Committee of the Whole. 14.524.2The Calendar must be electronically available or printed at least one calendar day 14.6before the matters on it are considered. 14.725.CONSENT CALENDAR 14.825.1If a committee determines that a bill it recommends to pass is not likely to be opposed, 14.9the committee may recommend that the bill be placed on the Consent Calendar. If the committee 14.10report is adopted, the bill must be electronically available or printed and placed on the Consent 14.11Calendar after its second reading. On the question of adoption of the report, the question of 14.12accepting the recommendation that the bill be placed on the Consent Calendar may be divided 14.13from the question of adopting the report in other respects. 14.1425.2A majority of the whole Senate, or the Chair of the Committee on Rules and 14.15Administration, may order a bill on General Orders placed on the Consent Calendar. 14.1625.3The Consent Calendar must be electronically available or printed at least one calendar 14.17day before the matters on it are considered. 14.1825.4If a member objects to consideration of a bill on the Consent Calendar at any time 14.19during its consideration in the Senate before the question on final passage is put, and that objection 14.20is supported by at least two other members, the bill is referred to the Committee of the Whole, and 14.21the Secretary shall place it at the bottom of General Orders subject to Rule 22.2, except that it 14.22need not lie over one calendar day before consideration in the Committee of the Whole. 14.2326.SPECIAL ORDERS 14.2426.1The Chair of the Committee on Rules and Administration, or the Chair's designee, 14.25may designate a special order for a bill that has been given its second reading. 14.2626.2A special order may provide that the bill be considered immediately, at a time certain, 14.27or after specific other business is completed. 14.2826.3During consideration of a special order, Rule 36.5 is suspended. 14.2926.4As nearly as applicable, debate on the bill and all proceedings including amendments 14.30and substitutions must be conducted as in the Committee of the Whole. 14.3126.5On any question, a member may request a roll call vote, which must be entered 14.32in the Journal. 14.3326.6Unless it is otherwise disposed of, after consideration a bill on Special Orders must 14.34immediately proceed to its third reading and final passage. 14.3526.7A bill may not be made a special order if the chief author has declined on three 14.36previous occasions to take the bill up after it was designated a special order. 15.127.MOTIONS 15.227.1A motion or amendment must be written if a member requests. It must identify the 15.3member or committee offering it. 15.427.2When a motion is made, it must be stated by the President. If it is in writing, it must 15.5be handed to the Secretary and read to the members. 15.627.3After a motion is stated by the President, or read by the Secretary, it is in possession 15.7of the Senate, but may be withdrawn by the author at any time before decision or amendment. 15.828.PRECEDENCE OF MOTIONS 15.928.1When a question is under debate no motion may be made, except: 15.101. To adjourn. 15.112. To recess. 15.123. To reconsider. 15.134. To lay on the table. 15.145. For the previous question. 15.156. To refer. 15.167. To postpone to a day certain. 15.178. To amend. 15.189. To postpone indefinitely. 15.1928.2Motions numbered 1, 2, 4 and 5 above are not debatable. 15.2028.3These motions have precedence in the foregoing order; but when a motion for the 15.21previous question has been made, or the main question ordered, a motion to lay on the table 15.22is not in order. 15.2328.4A motion to postpone to a day certain, to refer, to postpone indefinitely, or to amend, 15.24having been decided, may not again be put on the same day, nor at the same stage of the bill 15.25or proposition. 15.2629.MOTION TO ADJOURN 15.27    A motion to adjourn or a motion to adjourn to a time certain is always in order. The latter 15.28motion is debatable solely as to the time. When either motion is rejected, it may not be renewed 15.29until further business has been transacted. 15.3030.MOTION TO RECONSIDER 16.130.1When a motion or question has been decided, a member who voted with the prevailing 16.2side may move for reconsideration on the same day on which the vote was taken or within the 16.3next two calendar days or, if later, the first day the Senate meets after the vote was taken. The 16.4motion takes precedence over all other questions except a motion to adjourn or recess. When a 16.5motion to adjourn is adopted before the disposition of the motion for reconsideration, a motion 16.6for reconsideration must lie over until the next succeeding day the Senate meets except as 16.7provided in this rule. 16.830.2When notice of intent to move reconsideration of the final action of the Senate on a 16.9question is given by a member, the Secretary shall retain the subject of the notice until after the 16.10expiration of the time during which the motion can be made. 16.1130.3A notice of intent to move for reconsideration is not in order after the Tuesday before 16.12the third Saturday in May, but a motion to reconsider may be made. 16.1330.4A motion for reconsideration having been once voted on may not be made again 16.14nor reconsidered. 16.1531.MOTION FOR THE PREVIOUS QUESTION 16.1631.1Unless a motion for the previous question is made specifically applicable to a 16.17subsidiary motion, it must be in this form: "Shall the main question now be put?" If the motion 16.18for the previous question is supported by a majority of the members present, its effect is to put an 16.19end to all debate and bring the Senate to a direct vote upon all pending amendments in their order 16.20and then upon the main question. 16.2131.2On a motion for the previous question, a call of the Senate is in order before the 16.22President submits the question to the Senate. 16.2331.3On a motion for the previous question there is no debate. All incidental questions 16.24of order, arising after a motion is made for the previous question, and pending the motion, must 16.25be decided, whether on appeal or otherwise, without debate. 16.2632.MOTION TO REFER 16.27    A bill or resolution may be referred to committee at any time before its passage. If an 16.28amendment is reported on the referral to any committee other than the Committee of the Whole, it 16.29must again be read the second time, considered in Committee of the Whole, read the third time and 16.30placed on final passage. If the referral is to the Committee of the Whole it must be placed at the 16.31head of General Orders, except when the referral is from the Consent Calendar under Rule 25.4. 16.3233.MOTION TO AMEND BILL OR RESOLUTION 16.3333.1A motion to amend must be written if a member requests. It must identify the 16.34member offering it. 17.133.2In drawing an amendment to a bill or resolution, reference must be made, first to 17.2the number of the bill, then to the page, and then to the line or lines where language is to be 17.3stricken or inserted. 17.433.3In filling blanks, the largest sum, the longest time and the greatest distance must be 17.5first taken. 17.633.4The title to a bill may be amended by the Secretary at any time the bill is amended 17.7by the Senate. 17.833.5An amendment is not in order to a bill on the Calendar or after third reading without 17.9the unanimous consent of the Senate unless it fills a blank, amends the title, is proposed to the 17.10chief author of the bill by the Revisor of Statutes to correct technical defects found by the Revisor 17.11while engrossing earlier amendments to the bill, or is proposed to a bill on the Consent Calendar 17.12before the bill is given its third reading. 17.1334.MOTION TO SUSPEND RULES 17.1434.1A rule may be suspended by a vote of at least two-thirds of the whole Senate. 17.1534.2A motion to suspend the rules for the purpose of advancing a bill may be made only 17.16under the order of business, "Motions and Resolutions". 17.1735.GERMANENESS 17.1835.1An amendment proposed to the Senate or to the Committee of the Whole that is 17.19not germane is out of order. 17.2035.2A non-germane amendment includes one that relates to a substantially different 17.21subject, or is intended to accomplish a substantially different purpose, than that of the original 17.22bill to which it is proposed. 17.2335.3An amendment to insert a constitutional amendment is not germane to a bill that does 17.24not already include a constitutional amendment. 17.2535.4Whether an amendment is germane is to be decided by the President, who may put the 17.26question to the body if the President chooses. 17.2735.5A motion to remove an amendment placed on a House bill under Rule 45.1 is out of 17.28order if removal of the amendment would make a portion of the House bill not germane to the 17.29Senate companion for which it was substituted. 17.3035.6If a House amendment to a Senate bill is not germane to the Senate bill, a motion to 17.31concur in the House amendment is out of order. 17.3236.DEBATE 17.3336.1When a member is about to speak to the Senate, the member shall rise and respectfully 17.34address "Mr. (or Madam) President." The member may not proceed to speak further until 17.35recognized by the President. 18.136.2The member shall speak only to the question under debate and avoid personality. 18.236.3The member may inform the Senate of the Governor's position on a bill and on its 18.3status in the House of Representatives. 18.436.4In discussing a resolution, each member is limited to ten minutes. 18.536.5A member may not speak more than twice on the same question on the same day 18.6without permission of the Senate. 18.736.6When a member is speaking, no one may stand between the member speaking and the 18.8President. 18.936.7A member may not speak without using a microphone. 18.1036.8All remarks during debate shall be addressed to the President. 18.1136.9When the President puts a question, or addresses the Senate, no one may walk out of 18.12or cross the Chamber. 18.1336.10When a member is called to order, the member shall be silent until it is determined 18.14whether or not the member is in order. If a member is called to order for words spoken in debate, 18.15the words excepted to must be taken down in writing by the Secretary immediately. 18.1637.ABSENCE OF MEMBERS 18.17    A member or officer of the Senate may not be absent from a session of the Senate unless 18.18excused by the Senate. The name of a member excused must be printed in the Journal. 18.1938.CALL OF THE SENATE 18.2038.1A member may impose a call of the Senate requiring the attendance of all members 18.21before any further proceedings occur except a motion to adjourn. 18.2238.2Upon the imposition of a call, a member may request a record of those present and the 18.23Sergeant at Arms shall bring in the absent members. 18.2438.3When the Senate has been placed under call, a member may demand that the doors be 18.25closed and that no member be permitted to leave the Chamber until the matter or question, if any, 18.26under consideration at the time of the call is disposed of, or until the call is lifted by a majority of 18.27the whole Senate, or until the Senate adjourns. 18.2838.4A majority of the whole Senate may excuse members not answering the call. 18.2938.5A call may not be imposed after voting has commenced. 18.3039.DIVISION OF QUESTION 18.3139.1A member may call for a division of the question when the division is possible. 18.32A motion to strike and insert is indivisible. 18.3339.2The defeat of a motion to strike does not preclude an amendment nor a motion to 18.34strike and insert. 18.3540.VOTING 19.140.1The President shall distinctly state the question before taking the vote. The President 19.2shall declare the result of the vote. If a member questions the result of a vote, the President 19.3shall order a division. 19.440.2A member may vote on a question or be counted on a division only at the member's 19.5own seat in the Senate Chamber. 19.640.3At any time before the start of voting on a question, a member may request a roll call 19.7vote, which must be entered in the Journal. 19.840.4Unless otherwise ordered, a roll call vote, except upon elections, may be taken by 19.9means of the electrical voting system under the control of the President. 19.1040.5A roll call vote may not be interrupted except to close the roll as provided in Rule 41.3. 19.1140.6A member or other person may not proceed to or remain by the Secretary's desk while 19.12a roll call or division is being taken. 19.1341.MEMBERS TO VOTE UNLESS EXCUSED 19.1441.1Every member who is in the Senate Chamber during a roll call, including in the 19.15Committee of the Whole, shall vote upon the request of another member unless excused by 19.16the Senate. 19.1741.2A motion by a member to be excused from voting must be made before the question is 19.18put. A member wishing to be excused from voting may make a brief statement of the reason for 19.19making the request. The question on the motion to excuse must be taken without further debate. 19.2041.3When members have had an opportunity to vote and fail to do so, a majority of the 19.21whole Senate may, by motion, direct the President to close the roll. 19.2241.4The vote on a motion to close the roll must be taken without debate. No member 19.23is required to vote on the motion. 19.2442.FINAL PASSAGE 19.25    The final question on a bill or other matter requiring action by both Houses after its first and 19.26second reading, and after the consideration in Committee of the Whole, is on its final passage. 19.2743.TRANSMITTING BILLS TO THE HOUSE 19.2843.1Except when a motion to reconsider has been made as provided in Rule 30, 19.29immediately after the passage of a bill or other matter in which the concurrence of the House of 19.30Representatives is requested, the Secretary shall transmit it to the House. 19.3143.2On the concurrence of a bill or other matter of the House by the Senate, or on the 19.32concurrence or disagreement in a vote of the House, the Secretary shall notify the House. 19.3344.ENGROSSING AND ENROLLING OF BILLS 20.144.1The Secretary and the Engrossing Secretary shall ensure that every bill, memorial, or 20.2resolution originating in the Senate is carefully engrossed before it is transmitted to the House 20.3of Representatives for concurrence. 20.4    All engrossing and enrolling of bills shall be done at the direction and under authority of 20.5the Senate. 20.644.2The Secretary shall ensure that every bill, memorial, or resolution originating in the 20.7Senate is carefully enrolled by the Revisor of Statutes before it is presented to the Governor 20.8or filed with the Secretary of State. 20.945.COMPARISON AND SUBSTITUTION OF BILLS 20.1045.1A House bill, after its first reading, must be referred as follows, unless there is a 20.11motion by the Chair of the Committee on Rules and Administration or a designee of the Chair: 20.12    (a) If there is no Senate companion bill, the House bill must be referred to the appropriate 20.13standing committee, unless there is objection under Rule 4.10. 20.14    (b) If there is a Senate companion bill, the House bill must be referred to the standing 20.15committee possessing the Senate companion. 20.16    (c) If the Senate companion bill has been reported to the Senate, the House bill must be 20.17referred to the Committee on Rules and Administration, which shall report whether the House bill 20.18is identical to the Senate companion bill. If the bills are identical, the report must recommend that 20.19the House bill be given its second reading and substituted for the Senate companion bill and the 20.20Senate companion bill be indefinitely postponed. If the House bill is not identical to the Senate 20.21companion bill, the report of the committee must recommend an amendment to the House bill 20.22that when adopted will render the House bill identical to the Senate bill. Upon adoption of a 20.23committee report containing the proposed amendment, the House bill as amended must be given 20.24its second reading and substituted for the Senate companion bill and the Senate companion 20.25bill must be indefinitely postponed. 20.2645.2The Secretary shall prepare and submit reports under this rule on behalf of the 20.27Committee on Rules and Administration. 20.2845.3A House bill placed on the Calendar by substitution must not be given its third reading 20.29on the same day as the substitution. 20.3046.CONFERENCE COMMITTEES 20.3146.1The Committee on Rules and Administration may constitute a standing Subcommittee 20.32on Conference Committees, the report of which within its jurisdiction has the effect of a report of 20.33the Committee on Rules and Administration. The subcommittee consists of three members, one 20.34of whom must be a member of the minority group. 21.146.2The Subcommittee on Conference Committees shall appoint all conference 21.2committees of the Senate and report the appointments to the Senate. In the appointment of 21.3members of conference committees between the two houses, the Subcommittee on Conference 21.4Committees shall appoint those who are in accord with the position of the Senate. Whenever 21.5practical, the subcommittee shall give preference to authors of bills in dispute and to members of 21.6standing committees in which the bills were considered. 21.747.DISPOSITION OF BILLS ON ADJOURNMENT 21.8    Adjournment of the regular session in an odd-numbered year to a date certain in the 21.9following year is equivalent to daily adjournment, except that a bill on the Calendar, Consent 21.10Calendar, General Orders, or table, other than a bill laid on the table after being vetoed by the 21.11governor or after its conference committee has been discharged under Joint Rule 3.02, must 21.12be returned to the standing committee other than the Committee on Rules and Administration 21.13from which it was last reported to the Senate, unless otherwise provided for by motion before 21.14adjournment. Bills returned to committee under this rule must, upon request of the chief author, 21.15be given priority for consideration by the committee in the even-numbered year ahead of all other 21.16bills in the order in which they appeared on the Calendar, Consent Calendar, or General Orders. 21.1748.PRINTING AND DISTRIBUTION OF BILLS 21.1848.1Unless otherwise ordered by the Senate, all Senate bills that have been reported upon 21.19favorably or without recommendation by a committee must be electronically available or printed 21.20before consideration by the Senate or the Committee of the Whole. 21.2148.2A House bill amended by the Senate must be unofficially engrossed and electronically 21.22available or printed when placed on General Orders. 21.2348.3A bill may be electronically available or printed by order of the Secretary when 21.24amended after second reading. 21.2548.4A bill must be electronically available or printed when ordered by the Senate. 21.2648.5Action by the Senate on a bill that has not been printed is a waiver of the printing 21.27requirement. 21.2848.6To the extent practical, the Secretary shall provide a copy of any bill to the public 21.29and may charge a reasonable fee. 21.3049.JOURNAL AND INDEX 21.3149.1The Secretary shall keep a correct Journal of the proceedings of the Senate and shall 21.32perform other duties assigned to the Secretary. 21.3349.2The Secretary shall not permit Journal records, accounts or papers to be taken out of 21.34the Secretary's custody, other than in the regular mode of business. If a document in the Secretary's 21.35charge is missing, the Secretary shall report the fact to the President, so that inquiry may be made. 22.149.3The Secretary shall supervise the recording of proceedings in the Journal, the 22.2engrossing, transcribing and copying of bills and resolutions, and generally perform the duties of 22.3Secretary, under direction of the Committee on Rules and Administration. 22.449.4The Journal of each day's proceedings is open for correction at any time during 22.5the session of the next day the Senate meets. Unless corrected on that day, the Journal stands 22.6approved. 22.749.5The Secretary shall keep a record of all Senate and House bills showing the status 22.8of each bill pending, until its final passage. 22.950.ELECTRONIC RECORDINGS 22.1050.1The Secretary shall cause to be recorded on electronic media the proceedings of the 22.11Senate, the Committee of the Whole, and each standing committee, subcommittee, and division. 22.12Each electronic record must be clearly labeled to show the name of the body whose proceedings 22.13are recorded and the dates the proceedings occurred. Each electronic record of the proceedings of 22.14the Senate and the Committee of the Whole must be accompanied by a log showing the number of 22.15each bill considered and the places on the record where consideration of the bill occurred. 22.1650.2Within two working days after each Senate session, the Secretary shall make a copy 22.17of the electronic record and corresponding log of proceedings of the Senate and the Committee 22.18of the Whole available to the Legislative Reference Library. 22.1950.3Within one week after each meeting of a standing committee, subcommittee, or 22.20division, the Secretary shall make the electronic record of the meeting available to the Legislative 22.21Reference Library, together with an agenda showing bills considered and any action taken on 22.22them. 22.2350.4Upon completion and approval of the minutes of the meeting, the Secretary shall 22.24promptly deliver a copy of the minutes to the Legislative Reference Library. 22.2550.5The Secretary shall keep a record of each session of the Senate and the Committee 22.26of the Whole, each meeting of a Senate standing committee, subcommittee, or division and 22.27the date on which the electronic record of the session or meeting was made available to the 22.28Legislative Reference Library. The Library shall keep a similar record of all electronic records 22.29to which it has been given access. 22.3050.6The Library shall provide committee staff with reasonable access to Senate electronic 22.31records and shall provide the public with convenient facilities to listen to them. 22.3250.7The Secretary shall make copies of Senate electronic records available to the public 22.33for a fee determined by the Secretary to be adequate to cover the cost of preparing the copies. A 22.34copy must be provided free to a member of the Senate upon request for use in legislative business. 22.3550.8The Secretary shall keep the original electronic record and log of each session of the 22.36Senate and the Committee of the Whole until the end of the period for which the members of the 23.1existing House of Representatives have been elected, at which time the electronic record may be 23.2preserved or disposed of as the Secretary sees fit. The Legislative Reference Library shall keep 23.3electronic records, logs, and minutes forwarded to it until two years after the end of the period 23.4for which the members of the existing Senate have been elected, at which time they may be 23.5preserved or disposed of as the Library sees fit. 23.650.9The Senate intends that testimony and discussion preserved under this rule not be 23.7admissible in any court or administrative proceeding on an issue of legislative intent. 23.851.OTHER DUTIES OF SECRETARY 23.951.1The Secretary shall not issue a certificate authorizing the payment of money by virtue 23.10of a motion or resolution, unless the motion or resolution is voted for by a majority of the whole 23.11Senate on a roll call vote. 23.1251.2The Secretary and the Engrossing Secretary shall correct all mistakes in numbering 23.13the sections and reference to them, whether the errors occur in the original bill or are caused 23.14by amendments to it. 23.1551.3The Secretary is the agent of the Senate for the purchase of supplies and services. The 23.16Secretary's records on purchase of supplies and services are open for inspection. 23.1751.4The Secretary shall adopt administrative controls to ensure that each member is 23.18accountable for the member's own long distance telephone calls and that Senate telephones 23.19are used only for Senate business. 23.2051.5By the 15th day of April, July, October, and January of each year, the Secretary shall 23.21submit a detailed report of Senate expenditures during the previous quarter to the Committee on 23.22Rules and Administration. 23.2351.6The Secretary's public records may be inspected during normal business hours. 23.2452.SERGEANT AT ARMS 23.25    The Sergeant at Arms shall execute all orders of the President and perform all assigned 23.26duties connected with the police and good order of the Senate Chamber; exercise supervision 23.27over the entry and exit of all persons to and from the Chamber; see that messages are promptly 23.28delivered; see that the hall is properly ventilated and the temperature is properly regulated, and 23.29that the Chamber is open for the use of members of the Senate at least one-half hour before the 23.30start of a session; and perform all other services pertaining to the office of Sergeant. 23.3153.BUDGET AND EXPENDITURES 23.3253.1The Committee on Rules and Administration shall adopt an operating budget for 23.33the Senate and post it on the Senate Web site. 24.153.2All propositions for the appointment and payment of employees of the Senate or for 24.2expenditures of the Legislature, other than those provided by law, must be referred without debate 24.3to the Committee on Rules and Administration. 24.454.EMPLOYEES 24.554.1The Committee on Rules and Administration shall establish positions, set 24.6compensation, appoint employees, and authorize expense reimbursement for employees as it 24.7deems necessary to carry out the work of the Senate. At the request of any committee member, an 24.8action of the committee must be submitted as a Senate resolution for adoption by the Senate. 24.954.2The Secretary shall keep a roster of all employees of the Senate, including positions 24.10and compensation, which must be open for inspection by the public. 24.1154.3The Secretary shall post, in a public place in the Capitol, a notice of every vacant 24.12position on the permanent staff of the Senate. The notice must remain posted for at least two 24.13weeks, and no vacancy may be filled until the period of posting has elapsed. 24.1454.4Except as otherwise provided in these rules, the Committee on Rules and 24.15Administration has full and exclusive authority over, and charge of all employees of the Senate 24.16both elected and appointed. The committee has the sole and exclusive power and authority to 24.17assign them to duties other than for which they were elected or appointed as the committee 24.18may provide. 24.1954.5The committee may make employment rules and regulations. In case of violation of 24.20an order of the committee by an employee, or in case of a violation of a rule or regulation made 24.21by the committee, or in case of misconduct or omission by an employee, the Committee on Rules 24.22and Administration may hear complaints and discharge the employee or impose discipline, a 24.23fine, or other punishment upon the employee. 24.2454.6The Secretary shall supervise the employees under the direction of the Committee on 24.25Rules and Administration. 24.2654.7Until the election by the Senate of a single Secretary of the Senate, the Committee 24.27on Rules and Administration shall allocate the duties of the Secretary of the Senate between 24.28two individuals: the Secretary of the Senate (Legislative) and the Secretary of the Senate 24.29(Administrative). 24.3055.SUBCOMMITTEE ON ETHICAL CONDUCT 24.3155.1The Subcommittee on Committees shall appoint a Subcommittee on Ethical Conduct 24.32of the Committee on Rules and Administration consisting of four members, two from the majority 24.33group and two from the minority group. 24.3455.2The subcommittee shall serve in an advisory capacity to a member or employee upon 24.35written request and shall issue recommendations to the member or employee. A member may 24.36request the subcommittee to provide its advice on a potential conflict of interest to the member in 25.1private. If so requested, the subcommittee shall conduct its proceedings on the advisory opinion 25.2in private. The request, proceedings on the request, and any advice given by the subcommittee 25.3in response to the request must remain private. The member may not use an advisory opinion 25.4from the subcommittee as a defense to a complaint under this rule unless the opinion has been 25.5adopted by the subcommittee at a public meeting. 25.655.3The subcommittee shall investigate a complaint by a member of the Senate in writing 25.7under oath received before adjournment sine die in the last year of a senate term or during a 25.8special session held after that time regarding improper conduct by a member or employee of the 25.9Senate. The subcommittee has the powers of a standing committee to issue subpoenas under 25.10Minnesota Statutes, section 3.153. 25.1155.4Within 30 days after receiving a complaint, the subcommittee must meet and either 25.12make a finding of no probable cause, vote to defer action until a certain time, or proceed with 25.13its investigation. 25.1455.5In order to determine whether there is probable cause to believe that improper conduct 25.15has occurred, the subcommittee may, by a vote of three of its members, conduct a preliminary 25.16inquiry in executive session to which the open meeting requirements of Rules 12.1 to 12.3 do 25.17not apply. The executive session may be ordered by a vote of three of its members whenever 25.18the subcommittee determines that matters relating to probable cause are likely to be discussed. 25.19The executive session must be limited to matters relating to probable cause. Upon a finding of 25.20probable cause, further proceedings on the complaint are open to the public. 25.2155.6The subcommittee may appoint special counsel to provide expert advice on how 25.22to conduct its proceedings. The subcommittee may appoint a suitable person to conduct the 25.23investigation and report findings of fact and recommendations for action to the subcommittee. 25.2455.7If, after investigation, the subcommittee finds the complaint substantiated by the 25.25evidence, it shall recommend to the Committee on Rules and Administration appropriate 25.26disciplinary action. 25.2755.8To minimize disruption of its public proceedings, the subcommittee may require that 25.28television coverage be pooled or be provided by Senate media services. 25.2955.9If criminal proceedings relating to the same conduct have begun, the subcommittee 25.30may defer its proceedings until the criminal proceedings have been completed. 25.3155.10The Senate intends that proceedings of the Subcommittee on Ethical Conduct not be 25.32admissible in any criminal proceeding. 25.3356.STANDARDS OF ETHICAL CONDUCT 25.3456.1Members shall adhere to the highest standard of ethical conduct as embodied in the 25.35Minnesota Constitution, state law, and these rules. 26.156.2A member shall not publish or distribute written material if the member knows or 26.2has reason to know that the material includes any statement that is false or clearly misleading, 26.3concerning a public policy issue or concerning the member's or another member's voting record 26.4or position on a public policy issue. 26.556.3Improper conduct includes conduct that violates a rule or administrative policy of the 26.6Senate, that violates accepted norms of Senate behavior, that betrays the public trust, or that tends 26.7to bring the Senate into dishonor or disrepute. 26.857.CONFLICTS OF INTEREST 26.9    A member who in the discharge of senatorial duties would be required to take an action or 26.10make a decision that would substantially affect the member's financial interests or those of an 26.11associated business, unless the effect on the member is no greater than on others in the member's 26.12business classification, profession, or occupation, shall disclose the potential conflict of interest 26.13by following the procedure set forth in Minnesota Statutes, section 10A.07. 26.1458.LOBBYISTS 26.1558.1A lobbyist shall not appear before a Senate committee pursuant to the lobbyist's 26.16employment unless the lobbyist is in compliance with the law requiring lobbyist registration, 26.17Minnesota Statutes, sections 10A.03 to 10A.06. A lobbyist, when appearing before a committee, 26.18shall disclose to the committee on whose behalf the lobbyist speaks and the purpose of the 26.19lobbyist's appearance. 26.2058.2A lobbyist shall not knowingly, either directly or through a third party, furnish false or 26.21misleading information or make a false or misleading statement that is relevant and material to a 26.22matter before the Senate or any of its committees when the lobbyist knows or should know it 26.23will influence the judgment or action of the Senate or any of its committees, subcommittees, or 26.24divisions. 26.2558.3The Subcommittee on Ethical Conduct shall investigate a complaint by a member of 26.26the Senate in writing under oath received before adjournment sine die in the last year of a Senate 26.27term or during a special session held after that time that a lobbyist has violated Rule 58.1 or 58.2. 26.28The investigatory procedures of Rule 55 apply, except as provided in this rule. The complaint 26.29and proceedings on the complaint are private until the subcommittee has found probable cause to 26.30believe that a violation of Rule 58.1 or 58.2 has occurred, unless they are made public by the 26.31lobbyist whose conduct is the subject of the complaint or by the vote of at least three members 26.32of the subcommittee. 26.3359.AMENDMENTS TO RULES 27.1    Every proposition to amend a rule of the Senate must be referred to the Committee on Rules 27.2and Administration. The proposition may not be acted upon until the report of the committee 27.3is received by the Senate.

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