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


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S.R. No. 47, as introduced: 87th Legislative Session (2011-2012) Posted on March 2, 2011

S.R. No. 47, First Engrossment: 87th Legislative Session (2011-2012) Posted on March 3, 2011

1.1A Senate resolution
1.2adopting Permanent Rules of the Senate.
1.3BE IT RESOLVED, by the Senate of the State of Minnesota:
1.4The Permanent Rules of the Senate for the 87th Legislature shall read as follows:
1.5PERMANENT RULES OF THE SENATE
1.687TH LEGISLATURE (2011 - 2012)
1.71.PARLIAMENTARY REFERENCE
1.8    The rules of parliamentary practice contained in Mason's Manual of Legislative Procedure
1.9(1989 edition) govern the Senate in all cases in which they are applicable, and in which they are
1.10not inconsistent with these rules and orders of the Senate and the joint rules and orders of the
1.11Senate and House of Representatives.
1.122.REPORTING OF BILLS
1.13    Every bill, memorial, order, resolution or vote requiring the approval of the Governor must
1.14be reported to the Senate on three different days before its passage.
1.15    (a) The first report, called the first reading, is made when it has been received for introduction.
1.16    (b) The second report, called the second reading, is made when it has been considered by
1.17all the necessary standing committees and is ready for debate.
1.18    (c) The third report, called the third reading, is made when it is ready for final passage.
1.193.BILL INTRODUCTION
1.203.1Bills, memorials, and concurrent or joint resolutions may be introduced by a member
1.21or by a standing committee.
2.13.2The name of the author, authors, or committee must be written on the bill, memorial or
2.2resolution. The number of authors may not exceed five.
2.33.3An original and two copies are required for introduction.
2.43.4A member or a committee desiring to introduce a bill, memorial or concurrent or joint
2.5resolution shall deliver it to the office of the Secretary, and the Secretary shall promptly deliver
2.6all the bills, memorials or concurrent or joint resolutions to the President who shall present
2.7them to the Senate.
2.83.5During the period between the last day of the session in any odd-numbered year and
2.9the first day of the session in the following year, a bill filed with the Secretary for introduction
2.10must be given a file number and may be unofficially referred by the President, with the approval
2.11of the Chair of the Committee on Rules and Administration, to an appropriate standing committee
2.12of the Senate. All bills filed for introduction during this period must be presented to the Senate
2.13when it reconvenes and must be referred to the standing committees previously indicated by the
2.14President, subject to objection to the referral under Rule 4.10.
2.154.BILL REFERRAL
2.164.1The President shall refer each bill without motion to the proper standing committee
2.17unless otherwise referred by the Senate.
2.184.2A bill or resolution may not be referred to committee or amended until it has been
2.19given its first reading.
2.204.3A member may not object to a bill or resolution on its introduction.
2.214.4All bills appropriating money, or obligating the state to pay or expend money, or
2.22establishing a policy which to be effective will require expenditure of money, when referred to
2.23and reported by any other than the Committee on Finance, must be referred before passage to
2.24the Committee on Finance.
2.254.5All bills delegating rulemaking to a department or agency of state government and all
2.26bills exempting a department or agency of state government from rulemaking, when referred to
2.27and reported by any other than the Committee on State and Local Government Operations and
2.28Oversight Innovation and Veterans, must be referred before passage to the Committee on State
2.29and Local Government Operations and Oversight Innovation and Veterans.
2.304.6All bills creating a new commission, council, task force, board, or other body to
2.31which a member of the legislature will be appointed must be referred before passage both to the
2.32Committee on State and Local Government Operations and Oversight Innovation and Veterans
2.33 and to the Committee on Rules 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.
4.17.BUDGET TARGETS
4.27.1The Committees on Taxes and on Finance must hold hearings as necessary to determine
4.3state revenues and appropriations for the fiscal biennium.
4.47.2At least 15 days before the deadline for divisions of committees other than the
4.5Committee on Finance to act favorably on omnibus appropriations bills, targets for the general
4.6fund budget must be publicly announced by the Chair of the Committee on Finance or the Chair
4.7of the Committee on Rules and Administration. Subsequent adjustments to the targets required
4.8under this rule shall be made by public announcement of the chair of the Committee on Rules
4.9and Administration.
4.10 7.3The omnibus tax and appropriation bills are:
4.11    (1) the omnibus tax bill;
4.12    (2) the education appropriations bill;
4.13    (3) the higher education appropriations bill;
4.14    (4) the health and human services appropriations bill;
4.15(5) the environment and natural resources appropriations bill;
4.16(6) the agriculture and rural economies appropriations bill;
4.17    (7) the jobs and economic growth appropriations bill;
4.18(8) the commerce and consumer protection appropriations bill;
4.19(9) the energy, utilities and telecommunications appropriations bill;
4.20(10) the judiciary and public safety appropriations bill;
4.21(11) the state government innovation and veterans appropriations bill;
4.22    (12) the transportation appropriations bill; and
4.23    (13) the omnibus capital investment bill.
4.24     An omnibus appropriation or tax bill may not be divided.
4.257.4An amendment to an omnibus appropriation or tax bill that is a Senate file or an
4.26unofficial engrossment of a House file is out of order if it will increase net appropriations from
4.27a fund for a fiscal biennium, compared to the bill as it was reported to the floor of the Senate,
4.28without a corresponding increase in net revenue.
5.17.5An amendment to an omnibus appropriation or tax bill that is a Senate file or an
5.2unofficial engrossment of a House file is out of order if it will reduce net revenue to a fund for a
5.3fiscal biennium, compared to the bill as it was reported to the floor of the Senate, without a
5.4corresponding reduction in net appropriations.
5.57.6An amendment to an omnibus appropriation or tax bill that is a Senate file or an
5.6unofficial engrossment of a House file is out of order if it will change appropriations, transfers,
5.7or revenues to an agency that was not in the bill as it was reported to the floor of the Senate, or
5.8will create or increase the amount of a tax expenditure by reducing appropriations, transfers, or
5.9revenues to an agency that was not in the bill as it was reported to the floor of the Senate.
5.108.CONFIRMATIONS
5.118.1Every gubernatorial appointment requiring the advice and consent of the Senate must
5.12be referred by the President to the appropriate committee. If a question arises as to the proper
5.13committee, the appointment must be referred without debate to the Committee on Rules and
5.14Administration for a report making the proper reference.
5.158.2An appointment referred to committee and not reported to the Senate within 60
5.16legislative days after it was referred is withdrawn from committee and placed on the confirmation
5.17calendar for consideration by the Senate before adjournment of the regular session, unless the
5.18appointee's term has expired or the appointee is no longer serving.
5.198.3The final question on the appointment is, "Will the Senate, having given its advice,
5.20now consent to this appointment?" The question must not be put the same day the appointment is
5.21received or on the day it is reported by committee except by unanimous consent. Confirmation of
5.22the appointment requires the affirmative vote of a majority of the whole Senate.
5.239.STANDING COMMITTEES
5.24The standing committees of the Senate are as follows:
5.25Agriculture and Rural Economies
5.26Capital Investment
5.27Commerce and Consumer Protection
5.28Education
5.29Energy, Utilities and Telecommunications
5.30Environment and Natural Resources
5.31Finance
5.32Health and Human Services
5.33Higher Education
5.34Jobs and Economic Growth
6.1Judiciary and Public Safety
6.2Local Government and Elections
6.3Rules and Administration
6.4State Government Innovation and Veterans
6.5Taxes
6.6Transportation
6.710.APPOINTMENTS TO STANDING COMMITTEES
6.810.1The majority and minority groups must each be represented on all standing
6.9committees of the Senate substantially in proportion to their numbers in the Senate. The majority
6.10group shall assign the number of positions the minority group will hold on each committee. The
6.11minority group must be given adequate notice of its positions before the session begins.
6.1210.2Both the majority and minority groups shall appoint their own members to fill the
6.13number of positions each group will hold on each committee and budget division. The minority
6.14group shall transmit notice of its assignments to the majority group within 14 calendar days after
6.15receipt of the notice of positions available. The minority group may designate a ranking member
6.16for each committee. Nothing prohibits a member of the minority group from serving as chair or
6.17vice chair of a committee, subcommittee, division, or commission. If the minority group for any
6.18reason fails to make its appointments pursuant to this rule, the majority group may make all the
6.19committee and budget division assignments.
6.2010.3The majority and minority committee assignments are subject to the uniform criteria
6.21governing committee assignments applicable to both the majority and minority groups. The
6.22uniform criteria must be promulgated by the majority group and transmitted to the minority group
6.23together with notification of committee and budget division positions available to the minority.
6.2410.4 10.3 The Senate resolution establishing representation on all Senate standing
6.25committees must set forth committee assignments as made by the majority and minority groups.
6.2610.5 10.4 A member may not serve as the chair of the same standing committee or the
6.27same division of a standing committee, or a committee or division with substantially the same
6.28jurisdiction, for more than three consecutive Senate terms, provided that a chair whose third term
6.29ends in a year ending in one may serve a fourth consecutive term of no more than two years. This
6.30limit does not apply to the Committee on Rules and Administration. This limit applies to time
6.31served as a chair in the seventy-eighth legislature and thereafter.
6.3210.6 10.5 After the organization of the Senate and after consultation with and the approval
6.33of the minority leader, the Chair of the Committee on Rules and Administration may add members
6.34to or delete members from a standing committee or division.
7.111.APPOINTMENTS BY SUBCOMMITTEE ON COMMITTEES
7.211.1The Committee on Rules and Administration may constitute a standing Subcommittee
7.3on Committees, the report of which within its jurisdiction has the effect of a report of the
7.4Committee on Rules and Administration. The subcommittee consists of at least five members,
7.5including members of the minority group substantially in proportion to their number in the Senate.
7.611.2Unless otherwise provided, the Subcommittee on Committees shall appoint all
7.7members of commissions or other bodies authorized to be appointed by the Senate and report the
7.8appointments to the Senate.
7.912.COMMITTEE MEETINGS
7.1012.1All meetings of the Senate, its committees, committee divisions, and subcommittees
7.11are open to the public. A meeting of a caucus of the members of any of those bodies from the same
7.12political party need not be open to the public. A caucus of the Hennepin county, Ramsey county,
7.13or St. Louis county delegation is open to the public. For purposes of this rule, a meeting occurs
7.14when a quorum is present and action is taken regarding a matter within the jurisdiction of the body.
7.1512.2Any person may submit to the Chair of the Committee on Rules and Administration
7.16a complaint that members have violated the open meeting requirements of Minnesota Statutes,
7.17section 3.055. A member of the Senate may submit The complaint either orally or in writing; others
7.18must submit the complaint must be in writing. Whether the complaint was written or oral, The
7.19Chair of the Committee on Rules and Administration shall immediately forward it the complaint in
7.20writing to the Subcommittee on Ethical Conduct without disclosing the identity of the complainant.
7.21The complaint must not be further disclosed without the consent of the complainant, except to the
7.22members against whom the complaint was made, unless the complaint was made by a member of
7.23the Senate in writing under oath, in which case the investigatory procedures of Rule 55 apply.
7.2412.3To the extent practical, a committee, or subcommittee, or division shall announce
7.25each meeting to the public at least three calendar days before convening. The notice must state
7.26the name of the committee, or subcommittee, or division, the bill or bills to be considered, and the
7.27place and time of meeting. A bill may not be considered on the day it was introduced, except by a
7.28vote of two-thirds of the members of the committee, subcommittee, or division. The notice must
7.29be posted on the Senate's Web site and on all Senate bulletin boards in the Capitol and the State
7.30Office Building. A notice must be sent to the House of Representatives for posting as it deems
7.31necessary. If the three-day notice requirement cannot be met, the committee, or subcommittee,
7.32or division shall give simultaneous notice to all of the known proponents and opponents of the
7.33bill as soon as practicable.
8.112.4A Senate committee, or subcommittee, or division shall adjourn no later than 10:00
8.2p.m. midnight each day, unless two-thirds of the members present vote to suspend this requirement.
8.312.5Committees, and subcommittees, and divisions may not meet while the Senate is in
8.4session without permission of the Senate. The names of the members excused shall be printed
8.5in the Journal.
8.612.6A majority of its members constitutes a quorum of a committee, or subcommittee,
8.7or division.
8.812.7Each standing committee of the Senate, including a subcommittee or division of the
8.9committee, may at any time sit and act, investigate and take testimony on any matter within its
8.10jurisdiction, report hearings held by it, and make expenditures as authorized by the Committee on
8.11Rules and Administration.
8.1212.8A standing committee, but not a subcommittee or division, may require by subpoena
8.13or otherwise the attendance and testimony of witnesses and the production of correspondence,
8.14books, papers, and documents, in the manner provided by Minnesota Statutes, section 3.153.
8.1512.9Upon the request of a member of a committee, or subcommittee, or division to which
8.16a bill has been referred, or upon the request of the chief author of the bill, a record must be made
8.17of the vote on the bill or any amendment in the committee, or subcommittee, or division.
8.1812.10Upon request of three members of the committee before the vote is taken, the record
8.19of a roll call vote in a standing committee must accompany the committee report and be printed
8.20in the Journal.
8.2112.11A committee report may only be based on action taken at a regular or special meeting
8.22of the committee. A report in violation of this rule is out of order.
8.2312.12No Senate committee, division, or subcommittee shall permit any appointed officer
8.24or employee of the executive branch, registered lobbyist, or lobbyist principal to be seated at
8.25the committee table with members of the Senate during an official meeting of a committee of
8.26the Senate.
8.2713.HOUR OF CONVENING
8.28    If the Senate adjourns without setting a time to reconvene, the Senate shall convene on
8.29the next legislative day at 10:00 11:00 a.m.
8.3014.PRESIDENT
8.3114.1The President shall take the chair at the time to which the Senate adjourned. The
8.32President shall immediately call the members to order and, on the appearance of a quorum, shall
8.33proceed with the regular order of business.
9.114.2The President may call a member to preside. In the absence of the President, the
9.2President Pro Tem, the Chair of the Committee on Rules and Administration, or the Chair's
9.3designee, shall preside over the Senate. In the absence of the President and the Chair, the Senate
9.4may select a member to perform the duties of the President. Substitutions do not extend beyond
9.5adjournment.
9.614.3The President shall preserve order and decorum, may speak on points of order in
9.7preference to members, and shall also decide all questions of order, subject to an appeal to the
9.8Senate by a member.
9.914.4An appeal is decided by a majority vote of those present and voting. Upon an appeal
9.10from the decision of the President, the question is, "Shall the decision of the President be the
9.11judgment of the Senate?"
9.1214.5The President shall sign all acts, memorials, addresses and resolutions. All writs,
9.13warrants, and subpoenas issued by the Senate must be signed by the President and attested by the
9.14Secretary.
9.1514.6Upon a finding by the Committee on Rules and Administration that the President
9.16refuses or is unable to sign any of the documents described in this rule, the Chair of the Committee
9.17on Rules and Administration, or some other member selected by the committee, shall assume the
9.18duties of the President under this rule until the President is able to sign the documents described
9.19or until the Senate elects a new President, whichever occurs first.
9.2015.ADMISSION TO SENATE CHAMBER
9.2115.1The Senate Chamber is reserved for Senate use.
9.2215.2A person may not be admitted to the Senate Chamber except as provided in these rules.
9.23A member, an officer, the constitutional officers, ex-Governors of the State of Minnesota, members
9.24of the House, judges of the trial and appellate courts and members of Congress may be admitted.
9.2515.3Past members of Congress or of the state legislature who are not interested in any
9.26claim or directly in a bill pending before the legislature may be personally admitted by a member
9.27of the Senate.
9.2815.4An employee of either house may be admitted at the request of a member or an
9.29officer of the Senate.
9.3015.5The head of a department of state government may be admitted by the President.
9.3115.6 15.5 A member of another state, provincial, or national legislative body may be
9.32admitted to the floor by any member of the Senate. A member of another legislative body who is
9.33admitted to the floor may be introduced to the Senate by the President.
10.115.6The President may designate and personally admit the person who will provide the
10.2prayer and the person who will lead the Pledge of Allegiance.
10.315.7When the Senate is not meeting, a person who is not a member may be admitted to the
10.4floor at the request of a member or an officer.
10.515.8Public hearings may not be held in the Senate Chamber. The Senate Chamber may
10.6not be used for any commercial purpose.
10.715.9The Retiring Room of the Senate is reserved for the exclusive use of the members of
10.8the Senate at all times. The Sergeant at Arms shall strictly enforce this rule.
10.915.10When a member-elect is sworn in, the member-elect may request that one guest be
10.10admitted until the member-elect has been sworn in.
10.1116.PRIVILEGE OF REPORTERS CREDENTIALS FOR NEWS COVERAGE
10.1216.1The Secretary shall provide space for news reporters on the Senate floor in limited
10.13numbers, and in the Senate gallery. Because of limited space on the floor, permanent space is
10.14limited to those news agencies that regularly cover the legislature, namely: The Associated
10.15Press, St. Paul Pioneer Press, St. Paul Legal Ledger, Star Tribune, Duluth News-Tribune, The
10.16Forum, Rochester Post-Bulletin, St. Cloud Times, WCCO radio, KSTP radio, Minnesota Public
10.17Radio, and Minnesota News Network. The Secretary shall provide an additional two spaces to
10.18other reporters if space is available. One person from each named agency and one person from
10.19the Senate Publications Office may be present at the press table on the Senate floor at any time.
10.20Other news media personnel may occupy seats provided in the Senate gallery. The credentialing
10.21process for individuals and organizations who provide news coverage of the legislature will be
10.22administered and the provisions of this rule enforced exclusively by the Sergeant at Arms, with
10.23the exception of an appeal under Rule 16.4.
10.2416.2The Sergeant at Arms may not issue credentials or day passes under Rule 16.3
10.25to political organizations. For the purposes of this rule, "political organization" means an
10.26organization owned or controlled by a registered lobbyist, a political party, or any party
10.27organization. "Political organization" also includes an organization registered with the Campaign
10.28Finance Board, the Federal Election Commission, or an organization subject to Minnesota
10.29Statutes, chapter 10A or 211A.
10.3016.3Due to the limited space available for organizations or individuals providing news
10.31coverage of the Senate, the Senate finds that there is a compelling public interest in limiting
10.32credentials to organizations or individuals who demonstrate that they provide frequent news
10.33coverage of the legislature. For that reason, the following rules apply:
11.1(a) Organizations or individuals requesting credentials must furnish, upon the request of
11.2the Sergeant at Arms, three examples of news coverage of legislative matters produced by the
11.3organization or individual. The examples must include written, video, or audio coverage written
11.4or recorded in the past year, and a description of how they were publicly distributed. Any opinion
11.5expressed in the examples is not subject to review under this rule at any time. An organization
11.6requesting credentials may include only one individual.
11.7(b) For session credentials, an organization or individual must submit an application to the
11.8Sergeant at Arms. The Sergeant at Arms must review the application and approve or reject it
11.9within 14 days after receipt.
11.10(c) If an application is rejected, the Sergeant at Arms must state the reason for the rejection
11.11in writing and notify the applicant, the Secretary of the Senate, the Majority Leader, and the
11.12Minority Leader in writing.
11.13(d) The Sergeant at Arms may grant day passes upon the request of a member or upon
11.14the request of an individual or organization who has not applied for credentials and who is not
11.15prohibited from receiving credentials under Rule 16.2.
11.1616.4 An appeal of a denial of credentials must be made in writing to the Secretary of the
11.17Senate, the Senate Majority Leader, and the Senate Minority Leader. The Committee on Rules and
11.18Administration shall review and decide the appeal within 14 days after receiving a letter of appeal.
11.1916.5For individuals and organizations with credentials and passes issued under this rule,
11.20the Secretary of the Senate shall provide at least six spaces on the Senate floor and at least ten
11.21spaces in the Senate gallery. Because of limited space on the floor, at least four spaces must be
11.22reserved for credentialed individuals from news organizations with leases in the Capitol press
11.23area. At least four seats in the gallery must be reserved for credentialed individuals from television
11.24news stations with leases in the Capitol press area. All other gallery access will be provided on a
11.25first-come, first-served basis to individuals and organizations with credentials and passes issued
11.26under this rule. The Sergeant at Arms shall ensure that an opportunity to register for access under
11.27this rule is publicly available outside the main doors of the Senate Chamber at all times. This
11.28procedure will be used to determine floor access priority for individuals with credentials whose
11.29organizations do not lease space in the Capitol press area. If the designated floor and gallery space
11.30is full, the Sergeant at Arms may limit access for an organization to one individual in order to
11.31provide space for individuals from other organizations. Individuals with session credentials have
11.32priority for admission over individuals with day passes. All credentialed individuals shall be
11.33admitted to the floor when the Senate is not meeting in the same manner provided for credentialed
11.34individuals who have been admitted to the floor when the Senate is meeting. The documents
12.1provided to credentialed individuals present on the floor when the Senate is meeting shall be made
12.2available in the Senate Information Office to other credentialed individuals.
12.316.2 16.6The Secretary shall compile and distribute to the public a directory of reporters
12.4accredited individuals and organizations who have been issued credentials under Rule 16.3 to
12.5report provide news coverage from the Senate floor. The directory must include each reporter's
12.6 individual's picture and news organization and a brief biography.
12.716.3 16.7The Secretary must issue each accredited reporter individual or organization
12.8with credentials an identification badge showing the reporter's individual's name and news
12.9 organization. The reporter individual must wear the badge when in the Senate Chamber.
12.1017.DECORUM
12.1117.1In case of a disturbance or disorderly conduct in the lobbies or galleries, the President
12.12may order them cleared.
12.1317.2A member may not introduce a visitor or visitors in the galleries from the floor or
12.14rostrum of the Senate.
12.1517.3Smoking is not permitted in the Senate Chamber or galleries, the Retiring Room,
12.16hearing rooms, offices, or other spaces under the control of the Senate.
12.1717.4During floor proceedings, picture taking by persons other than accredited news or
12.18legislative photographers, picture taking with floodlights or flash units, and visual or audible
12.19disruptions are prohibited. At all times, demonstrations and food or beverages are prohibited
12.20in the Senate Chamber and in the galleries.
12.2117.5Television recording or broadcasting on the Senate floor is under the direction of the
12.22Secretary.
12.2318.ORDER OF BUSINESS
12.2418.1The order of business is as follows:
12.251. Petitions, letters, remonstrances.
12.262. Executive and official communications.
12.273. Messages from the House of Representatives.
12.284. First reading of House bills.
12.295. Reports of committees.
12.30(a) From standing committees.
13.1(b) From select committees.
13.26. Second reading of Senate bills.
13.37. Second reading of House bills.
13.48. Introduction and first reading of Senate bills.
13.59. Motions and Resolutions.
13.610. Calendar.
13.711. Consent Calendar.
13.812. General Orders.
13.913. Announcements of Senate interest.
13.1018.2Under the order of business of Motions and Resolutions, the Senate may by a majority
13.11vote of the whole Senate temporarily revert or proceed to any other order of business.
13.1219.PETITIONS AND OTHER COMMUNICATIONS
13.1319.1In presenting a petition, memorial, remonstrance or other communication addressed
13.14to the Senate, a member shall only state the general purpose of it.
13.1519.2Every petition, memorial, remonstrance, resolution, bill and report of committee, must
13.16have an appropriate title, and the name of the member presenting it written on it.
13.1719.3Every written communication distributed to members in the Senate Chamber must
13.18have the name of the member or officer distributing it displayed on it.
13.1920.MESSAGES FROM THE HOUSE
13.20    A message from the House of Representatives that a Senate bill has been amended, and the
13.21amendment, must be printed and placed on the members' desks before a member may move to
13.22concur in the House amendment. If the amendment has been printed in the House Journal for a
13.23preceding day and is available to the members, the Journal copy may serve as the printed copy.
13.2421.OBJECTIONS TO COMMITTEE REFERRALS
13.25    A member may question the proper reference of a bill at the time the bill is reported by a
13.26standing committee to which it was previously referred. When a member questions the reference
13.27of a bill, the bill must be referred without debate to the Committee on Rules and Administration
13.28to report the proper reference. Upon adoption of the report of the Committee on Rules and
13.29Administration, the bill must be referred accordingly.
14.122.GENERAL ORDERS
14.222.1The Secretary shall make a list of all bills, resolutions, reports of committees, and
14.3other proceedings of the Senate that are referred to the Committee of the Whole and number
14.4them. The lists are called the "General Orders".
14.522.2Items on General Orders may be taken up in the order in which they are numbered, as
14.6ordered by the Chair of the Committee on Rules and Administration, or as otherwise ordered by a
14.7majority of the committee.
14.822.3General Orders, together with all bills required to be included on it, must be
14.9electronically available or printed at least one calendar day before being considered in Committee
14.10of the Whole.
14.1122.4With the concurrence of the chief author of the bill, a majority of the whole Senate
14.12may at any time take a bill from the table and place it on General Orders.
14.1323.COMMITTEE OF THE WHOLE
14.1423.1All bills, memorials, orders, resolutions and votes requiring the approval of the
14.15Governor must, after a second reading, be considered in Committee of the Whole before they are
14.16finally acted upon by the Senate, unless considered on the Consent Calendar or as a Special Order.
14.1723.2The President may call a member to the Chair when the Senate resolves itself into the
14.18Committee of the Whole.
14.1923.3The rules observed in the Senate govern, as far as practicable, the proceedings of the
14.20Committee of the Whole, and the Chair of the Committee of the Whole has the powers of the
14.21President, as appropriate. However, a member may speak more than twice on the same subject
14.22and a call for the previous question may not be made.
14.2323.4A member may request a roll call vote. The vote must be recorded in the Journal
14.24along with the amendment.
14.2523.5The recommendations of the Committee of the Whole must be reported to the Senate.
14.26The question is on the adoption or rejection of the report, and no other question may be admitted.
14.27The question may be divided to permit separate Senate action on the report as to any bill.
14.2823.6On adoption of the report of the Committee of the Whole, all bills recommended to
14.29pass must be placed on the Calendar.
15.124.CALENDAR
15.224.1The Secretary shall make a Calendar of all bills, resolutions and other matters
15.3approved by the Committee of the Whole for final action. The Secretary shall place them on the
15.4Calendar in the order in which they have been acted upon in Committee of the Whole.
15.524.2The Calendar must be electronically available or printed at least one calendar day
15.6before the matters on it are considered.
15.725.CONSENT CALENDAR
15.825.1If a committee determines that a bill it recommends to pass is not likely to be opposed,
15.9the committee may recommend that the bill be placed on the Consent Calendar. If the committee
15.10report is adopted, the bill must be electronically available or printed and placed on the Consent
15.11Calendar after its second reading. On the question of adoption of the report, the question of
15.12accepting the recommendation that the bill be placed on the Consent Calendar may be divided
15.13from the question of adopting the report in other respects.
15.1425.2A majority of the whole Senate, or the Chair of the Committee on Rules and
15.15Administration, may order a bill on General Orders placed on the Consent Calendar.
15.1625.3The Consent Calendar must be electronically available or printed at least one calendar
15.17day before the matters on it are considered.
15.1825.4If a member objects to consideration of a bill on the Consent Calendar at any time
15.19during its consideration in the Senate before the question on final passage is put, and that objection
15.20is supported by at least two other members, the bill is referred to the Committee of the Whole, and
15.21the Secretary shall place it at the bottom of General Orders subject to Rule 22.2, except that it
15.22need not lie over one calendar day before consideration in the Committee of the Whole.
15.2326.SPECIAL ORDERS
15.2426.1The Chair of the Committee on Rules and Administration, or the Chair's designee,
15.25may designate a special order for a bill that has been given its second reading.
15.2626.2A special order may provide that the bill be considered immediately, at a time certain,
15.27or after specific other business is completed.
15.2826.3During consideration of a special order, Rule 36.5 is suspended.
15.2926.4As nearly as applicable, debate on the bill and all proceedings including amendments
15.30and substitutions must be conducted as in the Committee of the Whole.
15.3126.5On any question, a member may request a roll call vote, which must be entered
15.32in the Journal.
16.126.6Unless it is otherwise disposed of, after consideration a bill on Special Orders must
16.2immediately proceed to its third reading and final passage.
16.326.7A bill may not be made a special order if the chief author has declined on three
16.4previous occasions to take the bill up after it was designated a special order.
16.527.MOTIONS
16.627.1A motion or amendment must be written if a member requests. It must identify the
16.7member or committee offering it.
16.827.2When a motion is made, it must be stated by the President. If it is in writing, it must
16.9be handed to the Secretary and read to the members.
16.1027.3After a motion is stated by the President, or read by the Secretary, it is in possession
16.11of the Senate, but may be withdrawn by the author at any time before decision or amendment.
16.1228.PRECEDENCE OF MOTIONS
16.1328.1When a question is under debate no motion may be made, except:
16.141. To adjourn.
16.152. To recess.
16.163. To reconsider.
16.174. To lay on the table.
16.185. For the previous question.
16.196. To refer.
16.207. To postpone to a day certain.
16.218. To amend.
16.229. To postpone indefinitely.
16.2328.2Motions numbered 1, 2, 4 and 5 above are not debatable.
16.2428.3These motions have precedence in the foregoing order; but when a motion for the
16.25previous question has been made, or the main question ordered, a motion to lay on the table
16.26is not in order.
17.128.4A motion to postpone to a day certain, to refer, to postpone indefinitely, or to amend,
17.2having been decided, may not again be put on the same day, nor at the same stage of the bill
17.3or proposition.
17.429.MOTION TO ADJOURN
17.5    A motion to adjourn or a motion to adjourn to a time certain is always in order. The latter
17.6motion is debatable solely as to the time. When either motion is rejected, it may not be renewed
17.7until further business has been transacted.
17.830.MOTION TO RECONSIDER
17.930.1When a motion or question has been decided, a member who voted with the prevailing
17.10side may move for reconsideration:
17.11(1) on the same day on which the vote was taken or;
17.12(2) within the next two calendar days; or,
17.13(3) if later, after the time provided under clause (1) or (2), on the first day the Senate
17.14meets after the vote was taken. The motion takes precedence over all other questions except a
17.15motion to adjourn or recess.
17.1630.2When a motion to adjourn is adopted before the disposition of the a motion for
17.17reconsideration, a the motion for reconsideration must lie over until the next succeeding day the
17.18Senate meets except as provided in this rule.
17.1930.2 30.3 When notice of intent to move reconsideration of the final action of the Senate
17.20on a question is given by a member, the Secretary shall retain the subject of the notice until after
17.21the expiration of the time during which the motion can be made.
17.2230.3 30.4 A notice of intent to move for reconsideration is not in order after the Tuesday
17.23before the third Saturday in May, but a motion to reconsider may be made.
17.2430.4 30.5 A motion for reconsideration having been once voted on may not be made
17.25again nor reconsidered.
17.2631.MOTION FOR THE PREVIOUS QUESTION
17.2731.1Unless a motion for the previous question is made specifically applicable to a
17.28subsidiary motion, it must be in this form: "Shall the main question now be put?" If the motion
17.29for the previous question is supported by a majority of the members present, its effect is to put an
17.30end to all debate and bring the Senate to a direct vote upon all pending amendments in their order
17.31and then upon the main question.
18.131.2On a motion for the previous question, a call of the Senate is in order before the
18.2President submits the question to the Senate.
18.331.3On a motion for the previous question there is no debate. All incidental questions
18.4of order, arising after a motion is made for the previous question, and pending the motion, must
18.5be decided, whether on appeal or otherwise, without debate.
18.632.MOTION TO REFER
18.7    A bill or resolution may be referred to committee at any time before its passage. If an
18.8amendment is reported on the referral to any committee other than the Committee of the Whole, it
18.9must again be read the second time, considered in Committee of the Whole, read the third time and
18.10placed on final passage. If the referral is to the Committee of the Whole it must be placed at the
18.11head of General Orders, except when the referral is from the Consent Calendar under Rule 25.4.
18.1233.MOTION TO AMEND BILL OR RESOLUTION
18.1333.1A motion to amend must be written if a member requests. It must identify the
18.14member offering it.
18.1533.2In drawing an amendment to a bill or resolution, reference must be made, first to
18.16the number of the bill, then to the page, and then to the line or lines where language is to be
18.17stricken or inserted.
18.1833.3In filling blanks, the largest sum, the longest time and the greatest distance must be
18.19first taken.
18.2033.4The title to a bill may be amended by the Secretary at any time the bill is amended
18.21by the Senate.
18.2233.5An amendment is not in order to a bill on the Calendar or after third reading without
18.23the unanimous consent of the Senate unless it:
18.24(1) fills a blank,;
18.25(2) amends the title,;
18.26(3) is proposed to the chief author of the bill by the Revisor of Statutes to correct technical
18.27defects found by the Revisor while engrossing earlier amendments to the bill,; or
18.28(4) is proposed to a bill on the Consent Calendar before the bill is given its third reading.
18.2934.MOTION TO SUSPEND RULES
18.3034.1A rule may be suspended by a vote of at least two-thirds of the whole Senate.
19.134.2A motion to suspend the rules for the purpose of advancing a bill may be made only
19.2under the order of business, "Motions and Resolutions".
19.335.GERMANENESS
19.435.1An amendment proposed to the Senate or to the Committee of the Whole that is
19.5not germane is out of order.
19.635.2A non-germane amendment includes one that:
19.7(1) relates to a substantially different subject,; or
19.8(2) is intended to accomplish a substantially different purpose, than that of the original
19.9bill to which it is proposed.
19.1035.3An amendment to insert a constitutional amendment is not germane to a bill that does
19.11not already include a constitutional amendment.
19.1235.4Whether an amendment is germane is to be decided by the President, who may put the
19.13question to the body if the President chooses.
19.1435.5A motion to remove an amendment placed on a House bill under Rule 45.1 is out of
19.15order if removal of the amendment would make a portion of the House bill not germane to the
19.16Senate companion for which it was substituted.
19.1735.6If a House amendment to a Senate bill is not germane to the Senate bill, a motion to
19.18concur in the House amendment is out of order.
19.1936.DEBATE
19.2036.1When a member is about to speak to the Senate, the member shall rise and respectfully
19.21address "Madam (or Mr.) President." The member may not proceed to speak further until
19.22recognized by the President.
19.2336.2The member shall speak only to the question under debate and avoid personality.
19.2436.3The member may inform the Senate of the Governor's position on a bill and on its
19.25status in the House of Representatives.
19.2636.4In discussing a resolution, each member is limited to ten minutes.
19.2736.5A member may not speak more than twice on the same question on the same day
19.28without permission of the Senate.
19.2936.6When a member is speaking, no one may stand between the member speaking and the
19.30President.
20.136.7A member may not speak without using a microphone.
20.236.8All remarks during debate shall be addressed to the President.
20.336.9When the President puts a question, or addresses the Senate, no one may walk out of
20.4or cross the Chamber.
20.536.10When a member is called to order, the member shall be silent until it is determined
20.6whether or not the member is in order. If a member is called to order for words spoken in debate,
20.7the words excepted to must be taken down in writing by the Secretary immediately.
20.836.11Debate on the report of a conference committee is in order at any time after the
20.9report has been made available electronically or printed and placed on the desk of each member,
20.10or at an earlier time agreed to by a majority of the whole Senate.
20.1137.ABSENCE OF MEMBERS
20.12    A member or officer of the Senate may not be absent from a session of the Senate unless
20.13excused by the Senate. The name of a member excused must be printed in the Journal.
20.1438.CALL OF THE SENATE
20.1538.1A member may impose a call of the Senate requiring the attendance of all members
20.16before any further proceedings occur except a motion to adjourn.
20.1738.2Upon the imposition of a call, a member may request a record of those present and the
20.18Sergeant at Arms shall bring in the absent members.
20.1938.3When the Senate has been placed under call, a member may demand that the doors be
20.20closed and that no member be permitted to leave the Chamber until the matter or question, if any,
20.21under consideration at the time of the call is disposed of, or until the call is lifted by a majority of
20.22the whole Senate, or until the Senate adjourns.
20.2338.4A majority of the whole Senate may excuse members not answering the call.
20.2438.5A call may not be imposed after voting has commenced.
20.2539.DIVISION OF QUESTION
20.2639.1A member may call for a division of the question when the division is possible.
20.27A motion to strike and insert is indivisible.
20.2839.2The defeat of a motion to strike does not preclude an amendment nor a motion to
20.29strike and insert.
21.140.VOTING
21.240.1The President shall distinctly state the question before taking the vote. The President
21.3shall declare the result of the vote. If a member questions the result of a vote, the President
21.4shall order a division.
21.540.2A member may vote on a question or be counted on a division only at the member's
21.6own seat in the Senate Chamber.
21.740.3At any time before the start of voting on a question, a member may request a roll call
21.8vote, which must be entered in the Journal, unless at the time the request is made, the Senate is
21.9taking a roll call vote using the electrical voting system.
21.1040.4Unless otherwise ordered, a roll call vote, except upon elections, may be taken by
21.11means of the electrical voting system under the control of the President.
21.1240.5A roll call vote may not be interrupted except to close the roll as provided in Rule 41.3.
21.1340.6A member or other person may not proceed to or remain by the Secretary's desk while
21.14a roll call or division is being taken.
21.1541.MEMBERS TO VOTE UNLESS EXCUSED
21.1641.1Every member who is in the Senate Chamber during a roll call, including in the
21.17Committee of the Whole, shall vote upon the request of another member unless excused by
21.18the Senate.
21.1941.2A motion by a member to be excused from voting must be made before the question is
21.20put. A member wishing to be excused from voting may make a brief statement of the reason for
21.21making the request. The question on the motion to excuse must be taken without further debate.
21.2241.3When members have had an opportunity to vote and fail to do so, a majority of the
21.23whole Senate may, by motion, direct the President to close the roll.
21.2441.4The vote on a motion to close the roll must be taken without debate. No member
21.25is required to vote on the motion.
21.2642.FINAL PASSAGE
21.27    The final question on a bill or other matter requiring action by both Houses after its first and
21.28second reading, and after the consideration in Committee of the Whole, is on its final passage.
21.2943.TRANSMITTING BILLS TO THE HOUSE
21.3043.1Except when a motion to reconsider has been made as provided in Rule 30,
21.31immediately after the passage of a bill or other matter in which the concurrence of the House of
21.32Representatives is requested, the Secretary shall transmit it to the House.
22.143.2On the concurrence of a bill or other matter of the House by the Senate, or on the
22.2concurrence or disagreement in a vote of the House, the Secretary shall notify the House.
22.344.ENGROSSING AND ENROLLING OF BILLS
22.444.1The Secretary and the Engrossing Secretary shall ensure that every bill, memorial, or
22.5resolution originating in the Senate is carefully engrossed before it is transmitted to the House
22.6of Representatives for concurrence.
22.7    All engrossing and enrolling of bills shall be done at the direction and under authority of
22.8the Senate.
22.944.2The Secretary shall ensure that every bill, memorial, or resolution originating in the
22.10Senate is carefully enrolled by the Revisor of Statutes before it is presented to the Governor
22.11or filed with the Secretary of State.
22.1245.COMPARISON AND SUBSTITUTION OF BILLS
22.1345.1A House bill, after its first reading, must be referred as follows, unless there is a
22.14motion by the Chair of the Committee on Rules and Administration or a designee of the Chair:
22.15    (a) If there is no Senate companion bill, the House bill must be referred to the appropriate
22.16standing committee, unless there is objection under Rule 4.10.
22.17    (b) If there is a Senate companion bill, the House bill must be referred to the standing
22.18committee possessing the Senate companion.
22.19    (c) If the Senate companion bill has been reported to the Senate, the House bill must be
22.20referred to the Committee on Rules and Administration, which shall report whether the House bill
22.21is identical to the Senate companion bill. If the bills are identical, the report must recommend that
22.22the House bill be given its second reading and substituted for the Senate companion bill and the
22.23Senate companion bill be indefinitely postponed. If the House bill is not identical to the Senate
22.24companion bill, the report of the committee must recommend an amendment to the House bill
22.25that when adopted will render the House bill identical to the Senate bill. Upon adoption of a
22.26committee report containing the proposed amendment, the House bill as amended must be given
22.27its second reading and substituted for the Senate companion bill and the Senate companion
22.28bill must be indefinitely postponed.
22.2945.2The Secretary shall prepare and submit reports under this rule on behalf of the
22.30Committee on Rules and Administration.
22.3145.3A House bill placed on the Calendar by substitution must not be given its third reading
22.32on the same day as the substitution.
23.146.CONFERENCE COMMITTEES
23.246.1The Committee on Rules and Administration may constitute a standing Subcommittee
23.3on Conference Committees, the report of which within its jurisdiction has the effect of a report of
23.4the Committee on Rules and Administration. The subcommittee consists of three members, one
23.5of whom must be a member of the minority group.
23.646.2The Subcommittee on Conference Committees shall appoint all conference
23.7committees of the Senate and report the appointments to the Senate. In the appointment of
23.8members of conference committees between the two houses, the Subcommittee on Conference
23.9Committees shall appoint those who are in accord with the position of the Senate. Whenever
23.10practical, the subcommittee shall give preference to authors of bills in dispute and to members of
23.11standing committees in which the bills were considered.
23.1247.DISPOSITION OF BILLS ON ADJOURNMENT
23.13    Adjournment of the regular session in an odd-numbered year to a date certain in the
23.14following year is equivalent to daily adjournment, except that a bill on the Calendar, Consent
23.15Calendar, General Orders, or table, other than a bill laid on the table after being vetoed by the
23.16governor or after its conference committee has been discharged under Joint Rule 3.02, must
23.17be returned to the standing committee other than the Committee on Rules and Administration
23.18from which it was last reported to the Senate, unless otherwise provided for by motion before
23.19adjournment. Bills returned to committee under this rule must, upon request of the chief author,
23.20be given priority for consideration by the committee in the even-numbered year ahead of all other
23.21bills in the order in which they appeared on the Calendar, Consent Calendar, or General Orders.
23.2248.PRINTING AND DISTRIBUTION OF BILLS
23.2348.1Unless otherwise ordered by the Senate, all Senate bills that have been reported upon
23.24favorably or without recommendation by a committee must be electronically available or printed
23.25before consideration by the Senate or the Committee of the Whole.
23.2648.2A House bill amended by the Senate must be unofficially engrossed and electronically
23.27available or printed when placed on General Orders.
23.2848.3A bill may be electronically available or printed by order of the Secretary when
23.29amended after second reading.
23.3048.4A bill must be electronically available or printed when ordered by the Senate.
23.3148.5Action by the Senate on a bill that has not been printed is a waiver of the printing
23.32requirement.
24.148.6To the extent practical, the Secretary shall provide a copy of any bill to the public
24.2and may charge a reasonable fee.
24.349.JOURNAL AND INDEX
24.449.1The Secretary shall keep a correct Journal of the proceedings of the Senate and shall
24.5perform other duties assigned to the Secretary.
24.649.2The Secretary shall not permit Journal records, accounts or papers to be taken out of
24.7the Secretary's custody, other than in the regular mode of business. If a document in the Secretary's
24.8charge is missing, the Secretary shall report the fact to the President, so that inquiry may be made.
24.949.3The Secretary shall supervise the recording of proceedings in the Journal, the
24.10engrossing, transcribing and copying of bills and resolutions, and generally perform the duties of
24.11Secretary, under direction of the Committee on Rules and Administration.
24.1249.4The Journal of each day's proceedings is open for correction at any time during the
24.13session of the next day the Senate meets. Unless corrected on that day, the Journal stands approved.
24.1449.5The Secretary shall keep a record of all Senate and House bills showing the status
24.15of each bill pending, until its final passage.
24.1650.ELECTRONIC RECORDINGS
24.1750.1The Secretary shall cause to be recorded on electronic media the proceedings of the
24.18Senate, the Committee of the Whole, and each standing committee, and subcommittee, and
24.19division. Each electronic record must be clearly labeled to show the name of the body whose
24.20proceedings are recorded and the dates the proceedings occurred. Each electronic record of
24.21the proceedings of the Senate and the Committee of the Whole must be accompanied by a log
24.22showing the number of each bill considered and the places on the record where consideration
24.23of the bill occurred.
24.2450.2Within two working days after each Senate session, the Secretary shall make a copy
24.25of the electronic record and corresponding log of proceedings of the Senate and the Committee
24.26of the Whole available to the Legislative Reference Library.
24.2750.3Within one week after each meeting of a standing committee, or subcommittee, or
24.28division, the Secretary shall make the electronic record of the meeting available to the Legislative
24.29Reference Library, together with an agenda showing bills considered and any action taken on them.
24.3050.4Upon completion and approval of the minutes of the meeting, the Secretary shall
24.31promptly deliver a copy of the minutes to the Legislative Reference Library.
25.150.5The Secretary shall keep a record of each session of the Senate and the Committee
25.2of the Whole, each meeting of a Senate standing committee, or subcommittee, or division and
25.3the date on which the electronic record of the session or meeting was made available to the
25.4Legislative Reference Library. The Library shall keep a similar record of all electronic records
25.5to which it has been given access.
25.650.6The Library shall provide committee staff with reasonable access to Senate electronic
25.7records and shall provide the public with convenient facilities to listen to them.
25.850.7The Secretary shall make copies of Senate electronic records available to the public
25.9for a fee determined by the Secretary to be adequate to cover the cost of preparing the copies. A
25.10copy must be provided free to a member of the Senate upon request for use in legislative business.
25.1150.8The Secretary shall keep the original electronic record and log of each session of the
25.12Senate and the Committee of the Whole until the end of the period for which the members of the
25.13existing House of Representatives have been elected, at which time the electronic record may be
25.14preserved or disposed of as the Secretary sees fit. The Legislative Reference Library shall keep
25.15electronic records, logs, and minutes forwarded to it until two years after the end of the period
25.16for which the members of the existing Senate have been elected, at which time they may be
25.17preserved or disposed of as the Library sees fit.
25.1850.9The Senate intends that testimony and discussion preserved under this rule not be
25.19admissible in any court or administrative proceeding on an issue of legislative intent.
25.2051.OTHER DUTIES OF SECRETARY
25.2151.1The Secretary shall not issue a certificate authorizing the payment of money by virtue
25.22of a motion or resolution, unless the motion or resolution is voted for by a majority of the whole
25.23Senate on a roll call vote.
25.2451.2The Secretary and the Engrossing Secretary shall correct all mistakes in numbering
25.25the sections and reference to them, whether the errors occur in the original bill or are caused
25.26by amendments to it.
25.2751.3The Secretary is the agent of the Senate for the purchase of supplies and services. The
25.28Secretary's records on purchase of supplies and services are open for inspection.
25.2951.4The Secretary shall adopt administrative controls to ensure that each member is
25.30accountable for the member's own long distance telephone calls and that Senate telephones
25.31are used only for Senate business.
26.151.5By the 15th day of April, July, October, and January of each year, the Secretary shall
26.2submit a detailed report of Senate expenditures during the previous quarter to the Committee on
26.3Rules and Administration.
26.451.6The Secretary's public records may be inspected during normal business hours.
26.552.SERGEANT AT ARMS
26.6    The Sergeant at Arms shall:
26.7(1) execute all orders of the President and;
26.8(2) perform all assigned duties connected with the police and good order of the Senate
26.9Chamber;
26.10(3) exercise supervision over the entry and exit of all persons to and from the Chamber;
26.11(4) see that messages are promptly delivered;
26.12(5) see that the hall is properly ventilated and the temperature is properly regulated, and;
26.13(6) see that the Chamber is open for the use of members of the Senate at least one-half
26.14hour before the start of a session; and
26.15(7) perform all other services pertaining to the office of Sergeant.
26.1653.BUDGET AND EXPENDITURES
26.1753.1The Committee on Rules and Administration shall adopt an operating budget for
26.18the Senate and post it on the Senate Web site.
26.1953.2All propositions for the appointment and payment of employees of the Senate or for
26.20expenditures of the legislature, other than those provided by law, must be referred without debate
26.21to the Committee on Rules and Administration.
26.2254.EMPLOYEES
26.2354.1The Committee on Rules and Administration shall establish positions, set
26.24compensation, appoint employees, and authorize expense reimbursement for employees as it
26.25deems necessary to carry out the work of the Senate. At the request of any committee member, an
26.26action of the committee must be submitted as a Senate resolution for adoption by the Senate.
26.2754.2The Secretary shall keep a roster of all employees of the Senate, including positions
26.28and compensation, which must be open for inspection by the public.
26.2954.3The Secretary shall post, in a public place in the Capitol, a notice of every vacant
26.30position on the permanent staff of the Senate. The notice must remain posted for at least two
26.31weeks, and no vacancy may be filled until the period of posting has elapsed.
26.3254.4Except as otherwise provided in these rules, the Committee on Rules and
26.33Administration has full and exclusive authority over, and charge of all employees of the Senate both
27.1elected and appointed. The committee has the sole and exclusive power and authority to assign
27.2them to duties other than for which they were elected or appointed as the committee may provide.
27.354.5The committee may make employment rules and regulations. In case of violation of
27.4an order of the committee by an employee, or in case of a violation of a rule or regulation made
27.5by the committee, or in case of misconduct or omission by an employee, the Committee on Rules
27.6and Administration may hear complaints and discharge the employee or impose discipline, a fine,
27.7or other punishment upon the employee. The committee may, by a vote of a majority of the
27.8members of the committee, discuss an employee disciplinary proceeding under this rule in an
27.9executive session to which the open meeting requirements of Rules 12.1 to 12.3 do not apply.
27.1054.6The Secretary shall supervise the employees under the direction of the Committee on
27.11Rules and Administration.
27.1255.SUBCOMMITTEE ON ETHICAL CONDUCT
27.1355.1The Subcommittee on Committees Committee on Rules and Administration shall
27.14appoint a Subcommittee on Ethical Conduct of the Committee on Rules and Administration
27.15consisting of four members, two from the majority group and two from the minority group.
27.1655.2The subcommittee shall serve in an advisory capacity to a member or employee upon
27.17written request and shall issue recommendations to the member or employee. A member may
27.18request the subcommittee to provide its advice on a potential conflict of interest to the member in
27.19private. If so requested, the subcommittee shall conduct its proceedings on the advisory opinion
27.20in private. The request, proceedings on the request, and any advice given by the subcommittee
27.21in response to the request must remain private. The member may not use an advisory opinion
27.22from the subcommittee as a defense to a complaint under this rule unless the opinion has been
27.23adopted by the subcommittee at a public meeting.
27.2455.3The subcommittee shall investigate a complaint made in writing by a member of the
27.25Senate in writing under oath. The complaint must be received before adjournment sine die in
27.26the last year of a senate term or during a special session held after that time regarding improper
27.27conduct by a member or employee of the Senate. The subcommittee has the powers of a standing
27.28committee to issue subpoenas under Minnesota Statutes, section 3.153.
27.2955.4Within 30 calendar days after receiving a complaint, the subcommittee must meet and
27.30either make a finding of no probable cause, vote to defer action until a certain time, or proceed
27.31with its investigation.
27.3255.5In order to determine whether there is probable cause to believe that improper conduct
27.33has occurred, the subcommittee may, by a vote of three of its members, conduct a preliminary
27.34inquiry in executive session to which the open meeting requirements of Rules 12.1 to 12.3 do
28.1not apply. The executive session may be ordered by a vote of three of its members whenever
28.2the subcommittee determines that matters relating to probable cause are likely to be discussed.
28.3The executive session must be limited to matters relating to probable cause. Upon a finding of
28.4probable cause, further proceedings on the complaint are open to the public.
28.555.6The subcommittee may appoint special counsel to provide expert advice on how
28.6to conduct its proceedings. The subcommittee may appoint a suitable person to conduct the
28.7investigation and report findings of fact and recommendations for action to the subcommittee.
28.855.7If, after investigation, the subcommittee finds the complaint substantiated by the
28.9evidence, it shall recommend to the Committee on Rules and Administration appropriate
28.10disciplinary action.
28.1155.8To minimize disruption of its public proceedings, the subcommittee may require that
28.12television coverage be pooled or be provided by Senate media services.
28.1355.9If criminal proceedings relating to the same conduct have begun, the subcommittee
28.14may defer its proceedings until the criminal proceedings have been completed.
28.1555.10The Senate intends that proceedings of the Subcommittee on Ethical Conduct not be
28.16admissible in any criminal proceeding.
28.1756.STANDARDS OF ETHICAL CONDUCT
28.1856.1Members shall adhere to the highest standard of ethical conduct as embodied in the
28.19Minnesota Constitution, state law, and these rules.
28.2056.2A member shall not publish or distribute written material if the member knows or
28.21has reason to know that the material includes any statement that is false or clearly misleading,
28.22concerning a public policy issue or concerning the member's or another member's voting record
28.23or position on a public policy issue.
28.2456.3Improper conduct includes conduct that violates a rule or administrative policy of the
28.25Senate, that violates accepted norms of Senate behavior, that betrays the public trust, or that tends
28.26to bring the Senate into dishonor or disrepute.
28.2756.4 Members of the Senate shall disclose potential conflicts of interest in the discharge of
28.28senatorial duties as provided in Minnesota Statutes, section 10A.07.
28.2957.CONFLICTS OF INTEREST
28.30    A member who in the discharge of senatorial duties would be required to take an action or
28.31make a decision that would substantially affect the member's financial interests or those of an
28.32associated business, unless the effect on the member is no greater than on others in the member's
29.1business classification, profession, or occupation, shall disclose the potential conflict of interest
29.2by following the procedure set forth in Minnesota Statutes, section 10A.07.
29.358. 57. LOBBYISTS
29.458.1 57.1 A lobbyist shall not appear before a Senate committee pursuant to the lobbyist's
29.5employment unless the lobbyist is in compliance with the law requiring lobbyist registration,
29.6Minnesota Statutes, sections 10A.03 to 10A.06. A lobbyist, when appearing before a committee,
29.7shall disclose to the committee on whose behalf the lobbyist speaks and the purpose of the
29.8lobbyist's appearance.
29.958.2 57.2 A lobbyist shall not knowingly, either directly or through a third party, furnish
29.10false or misleading information or make a false or misleading statement that is relevant and
29.11material to a matter before the Senate or any of its committees when the lobbyist knows or
29.12should know it will influence the judgment or action of the Senate or any of its committees, or
29.13subcommittees, or divisions.
29.1458.3 57.3 The Subcommittee on Ethical Conduct shall investigate a complaint by a
29.15member of the Senate in writing under oath received before adjournment sine die in the last year
29.16of a Senate term or during a special session held after that time that a lobbyist has violated Rule
29.1758.1 57.1 or 58.2 57.2. The investigatory procedures of Rule 55 apply, except as provided in this
29.18rule. The complaint and proceedings on the complaint are private until the subcommittee has
29.19found probable cause to believe that a violation of Rule 58.1 57.1 or 58.2 57.2 has occurred,
29.20unless they are made public by the lobbyist whose conduct is the subject of the complaint or by
29.21the vote of at least three members of the subcommittee.
29.2259. 58. AMENDMENTS TO RULES
29.23    Every proposition to amend a rule of the Senate must be referred to the Committee on Rules
29.24and Administration. The proposition may not be acted upon until the report of the committee
29.25is received by the Senate.

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