Temporary Rules of the Senate
for the 84th Legislative Session (2005-2006)
1.1 PERMANENT RULES OF THE SENATE
1.2 1. PARLIAMENTARY REFERENCE
1.3 The rules of parliamentary practice contained in Mason's
1.4 Manual of Legislative Procedure govern the Senate in all cases
1.5 in which they are applicable, and in which they are not
1.6 inconsistent with these rules and orders of the Senate and the
1.7 joint rules and orders of the Senate and House of
1.9 2. REPORTING OF BILLS
1.10 Every bill, memorial, order, resolution or vote requiring
1.11 the approval of the Governor must be reported to the Senate on
1.12 three different days before its passage.
1.13 (a) The first report, called the first reading, is made
1.14 when it has been received for introduction.
1.15 (b) The second report, called the second reading, is made
1.16 when it has been considered by all the necessary standing
1.17 committees and is ready for debate.
1.18 (c) The third report, called the third reading, is made
1.19 when it is ready for final passage.
1.20 3. BILL INTRODUCTION
1.21 3.1 Bills, memorials, and concurrent or joint resolutions
1.22 may be introduced by a member or by a standing committee.
1.23 3.2 The name of the author, authors, or committee must be
1.24 written on the bill, memorial or resolution. The number of
1.25 authors may not exceed five.
1.26 3.3 An original and two copies are required for
1.28 3.4 A member or a committee desiring to introduce a bill,
1.29 memorial or concurrent or joint resolution shall deliver it to
1.30 the office of the Secretary, and the Secretary shall promptly
1.31 deliver all the bills, memorials or concurrent or joint
1.32 resolutions to the President who shall present them to the
1.34 3.5 During the period between the last day of the session
1.35 in any odd-numbered year and the first day of the session in the
1.36 following year, a bill filed with the Secretary for introduction
2.1 must be given a file number and may be unofficially referred by
2.2 the President, with the approval of the Chair of the Committee
2.3 on Rules and Administration, to an appropriate standing
2.4 committee of the Senate. All bills filed for introduction
2.5 during this period must be presented to the Senate when it
2.6 reconvenes and must be referred to the standing committees
2.7 previously indicated by the President, subject to objection to
2.8 the referral under Rule 4.9.
2.9 4. BILL REFERRAL
2.10 4.1 The President shall refer each bill without motion to
2.11 the proper standing committee unless otherwise referred by the
2.13 4.2 A bill or resolution may not be referred to committee
2.14 or amended until it has been given its first reading.
2.15 4.3 A member may not object to a bill or resolution on its
2.17 4.4 All bills appropriating money, or obligating the state
2.18 to pay or expend money, or establishing a policy which to be
2.19 effective will require expenditure of money, when referred to
2.20 and reported by any other than the Committee on Finance, must be
2.21 referred before passage to the Committee on Finance.
2.22 4.5 All bills delegating rulemaking to a department or
2.23 agency of state government and all bills exempting a department
2.24 or agency of state government from rulemaking, when referred to
2.25 and reported by any other than the Committee on State and Local
2.26 Government Operations, must be referred before passage to the
2.27 Committee on State and Local Government Operations.
2.28 4.6 All bills creating a new commission, council, task
2.29 force, board, or other body to which a member of the legislature
2.30 will be appointed must be referred before passage both to the
2.31 Committee on State and Local Government Operations and to the
2.32 Committee on Rules and Administration.
2.33 4.7 All bills authorizing or increasing a sentence of
2.34 imprisonment to a state correctional institution must be
2.35 referred before passage to the Committee on Crime Prevention.
2.36 4.8 A bill introduced by a committee need not be referred
3.1 to a standing committee unless a question arises. It must lie
3.2 over one day before being given its second reading.
3.3 4.9 A member may question the reference of a bill during
3.4 the order of business of first reading on the day of
3.5 introduction. When a member questions the reference of a bill,
3.6 the bill must be referred without debate to the Committee on
3.7 Rules and Administration to report the proper reference. Upon
3.8 adoption of the report of the Committee on Rules and
3.9 Administration, the bill must be referred accordingly.
3.10 5. RECALL FROM COMMITTEE
3.11 5.1 With the concurrence of the chief author of the bill,
3.12 before the deadline for committee action on a bill, a majority
3.13 of the whole Senate may recall the bill from a committee and
3.14 re-refer it to any other committee or place it on General
3.15 Orders. After the committee deadline for action on a bill, 41
3.16 affirmative votes of the whole Senate may recall the bill from
3.17 any committee and re-refer it to any other committee or place it
3.18 on General Orders.
3.19 5.2 By a report of the Committee on Rules and
3.20 Administration adopted by the Senate, the Committee on Rules and
3.21 Administration, on request of the chief author, may remove a
3.22 bill from committee and re-refer it to any other committee or
3.23 place it on General Orders.
3.24 6. RESOLUTIONS
3.25 6.1 Memorial resolutions addressed to the President or the
3.26 Congress of the United States, or a house or member of Congress,
3.27 or a department or officer of the United States, or a state or
3.28 foreign government, joint resolutions, and resolutions requiring
3.29 the signature of the Governor must follow the same procedure as
3.30 bills before being adopted.
3.31 6.2 A resolution may not be changed to a bill, and a bill
3.32 may not be changed to a resolution.
3.33 6.3 When a member gives notice of intent to debate a
3.34 resolution not required to follow the same procedure as bills
3.35 and not offered by the Committee on Rules and Administration,
3.36 the resolution must lie over one calendar day without debate or
4.1 other action.
4.2 6.4 Upon the request of a member, the resolution must be
4.3 referred to the proper committee. If a question arises
4.4 concerning the proper reference the procedure provided by Rule
4.5 4.9 applies.
4.6 7. BUDGET RESOLUTION
4.7 7.1 The Committees on Taxes and on Finance must hold
4.8 hearings as necessary to determine state revenues and
4.9 appropriations for the fiscal biennium.
4.10 7.2 Within 30 days after the last state general fund
4.11 revenue and expenditure forecast for the next fiscal biennium
4.12 becomes available during the regular session in the odd-numbered
4.13 year, and after receiving from the Committee on Taxes a
4.14 resolution containing its recommendation on the maximum limit on
4.15 revenues and an amount to be set aside as a budget reserve and a
4.16 cash flow account, the Committee on Finance must adopt and
4.17 report to the Senate a budget resolution, in the form of a
4.18 Senate resolution. The budget resolution must set: (1) the
4.19 maximum limit on revenues and net appropriations for the next
4.20 fiscal biennium for the general fund; and (2) an amount or
4.21 amounts to be set aside as a budget reserve and a cash flow
4.22 account. The budget resolution must not specify, limit, or
4.23 prescribe revenues or appropriations by any category other than
4.24 those specified in clauses (1) and (2). If the Committee on
4.25 Finance recommends a maximum limit on revenues or an amount for
4.26 the budget reserve or cash flow account that differs from the
4.27 amount recommended by the Committee on Taxes, the recommendation
4.28 of the Committee on Finance must be referred to the Committee on
4.29 Rules and Administration before it may be considered by the
4.31 7.3 After the Senate adopts the budget resolution, the
4.32 limits in the resolution are effective during the regular
4.33 session in the year in which the resolution is adopted, unless
4.34 the Senate, acting upon a subsequent report of the Committee on
4.35 Taxes as to revenues or of the Committee on Finance as to
4.36 appropriations, adopts a different limit or limits for the same
5.1 fiscal biennium. During the regular session in the
5.2 even-numbered year, before the Committee on Finance reports a
5.3 bill containing net appropriations in excess of the general fund
5.4 appropriations in the current fiscal biennium estimated by the
5.5 most recent state budget forecast, the Committee must adopt a
5.6 budget resolution that accounts for the net appropriations.
5.7 After the Committee adopts the budget resolution, it is
5.8 effective during the regular session that year, unless the
5.9 Committee adopts a different or amended resolution.
5.10 7.4 Within 14 days after the Senate or the Committee on
5.11 Finance adopts a budget resolution, the Committee must adopt, by
5.12 resolution, limits for each major appropriation bill identified
5.13 in this Rule. After the Committee adopts the resolution, the
5.14 limits in the resolution are effective during the regular
5.15 session in the year in which the resolution is adopted, unless
5.16 the Committee subsequently adopts different or amended limits
5.17 for the same fiscal biennium. If the Committee on Finance or
5.18 the Senate combines two or more major appropriation bills into
5.19 one bill, the limits in the Committee resolution pertaining to
5.20 those bills are also combined, and the sum of the combined
5.21 limits applies to the combined bill.
5.22 7.5 The major tax and appropriation bills are:
5.23 (1) the omnibus tax bill;
5.24 (2) the E-12 education appropriations bill;
5.25 (3) the higher education appropriations bill;
5.26 (4) the environment, agriculture, and economic development
5.27 appropriations bill;
5.28 (5) the health, human services and corrections
5.29 appropriations bill;
5.30 (6) the state government appropriations bill;
5.31 (7) the transportation appropriations bill; and
5.32 (8) the omnibus capital investment bill.
5.33 7.6 After the adoption of a resolution by the Senate or by
5.34 the Committee on Finance, the Committee on Finance and the
5.35 Committee on Taxes must reconcile each bill recommended by the
5.36 committee with the resolution or resolutions. When reporting a
6.1 bill, the committee must certify to the Senate that the
6.2 committee has reconciled the fiscal effect of the bill with the
6.3 resolution or resolutions and that the bill, as reported by the
6.4 committee, together with other bills reported and expected to be
6.5 reported by the committee, does not and will not exceed the
6.6 limits specified in either resolution.
6.7 7.7 After the adoption of a resolution by the Senate or the
6.8 Committee on Finance, an amendment to a bill is out of order if
6.9 it would cause any of the limits specified in either resolution
6.10 to be exceeded. Whether an amendment is out of order under this
6.11 Rule is a question to be decided in the Senate by the President
6.12 and in committee by the committee chair. In making the
6.13 determination, the presiding officer may consider:
6.14 (1) the limits in a resolution;
6.15 (2) the effect of existing laws on revenues and
6.17 (3) the effect of amendments previously adopted to the
6.18 bill under consideration;
6.19 (4) the effect of bills previously recommended by a
6.20 committee or bills previously passed in the legislative session
6.21 by the Senate or by the Legislature;
6.22 (5) whether appropriation increases or revenue decreases
6.23 that would result from the amendment are offset by decreases in
6.24 other appropriations or increases in other revenue specified by
6.25 the amendment; and
6.26 (6) other information reasonably related to appropriation
6.27 and revenue amounts.
6.28 8. CONFIRMATIONS
6.29 8.1 Every gubernatorial appointment requiring the advice
6.30 and consent of the Senate must be referred by the President to
6.31 the appropriate committee. If a question arises as to the
6.32 proper committee, the appointment must be referred without
6.33 debate to the Committee on Rules and Administration for a report
6.34 making the proper reference.
6.35 8.2 An appointment referred to committee and not reported
6.36 to the Senate within one year after it was referred is withdrawn
7.1 from committee and placed on the confirmation calendar for
7.2 consideration by the Senate before adjournment of the regular
7.4 8.3 The final question on the appointment is, "Will the
7.5 Senate, having given its advice, now consent to this
7.6 appointment?" The question must not be put the same day the
7.7 appointment is received or on the day it is reported by
7.8 committee except by unanimous consent. Confirmation of the
7.9 appointment requires the affirmative vote of a majority of the
7.10 whole Senate.
7.11 9. STANDING COMMITTEES
7.12 The standing committees of the Senate are as follows:
7.13 Agriculture, Veterans and Gaming
7.14 Capital Investment
7.16 Crime Prevention and Public Safety
7.19 Environment and Natural Resources
7.21 Health and Family Security
7.22 Jobs, Energy and Community Development
7.24 Rules and Administration
7.25 State and Local Government Operations
7.28 10. APPOINTMENTS TO STANDING COMMITTEES
7.29 10.1 The majority and minority groups must each be
7.30 represented on all standing committees of the Senate
7.31 substantially in proportion to their numbers in the Senate. The
7.32 majority group shall assign the number of positions the minority
7.33 group will hold on each committee. The minority group must be
7.34 given adequate notice of its positions before the session begins.
7.35 10.2 Both the majority and minority groups shall appoint
7.36 their own members to fill the number of positions each group
8.1 will hold on each committee and budget division. The minority
8.2 group shall transmit notice of its assignments to the majority
8.3 group within ten calendar days after receipt of the notice of
8.4 positions available. The minority group may designate a ranking
8.5 member for each committee. Nothing prohibits a member of the
8.6 minority group from serving as chair or vice chair of a
8.7 committee, subcommittee, division, or commission. If the
8.8 minority group for any reason fails to make its appointments
8.9 pursuant to this rule, the majority group may make all the
8.10 committee and budget division assignments.
8.11 10.3 The majority and minority committee assignments are
8.12 subject to the uniform criteria governing committee assignments
8.13 applicable to both the majority and minority groups. The
8.14 uniform criteria must be promulgated by the majority group and
8.15 transmitted to the minority group together with notification of
8.16 committee and budget division positions available to the
8.18 10.4 The Senate resolution establishing representation on
8.19 all Senate standing committees must set forth committee
8.20 assignments as made by the majority and minority groups.
8.21 10.5 A member may not serve as the chair of the same
8.22 standing committee or the same division of a standing committee,
8.23 or a committee or division with substantially the same
8.24 jurisdiction, for more than three consecutive Senate terms.
8.25 This limit does not apply to the Committee on Rules and
8.26 Administration. This limit applies to time served as a chair in
8.27 the seventy-eighth legislature and thereafter.
8.28 10.6 After the organization of the Senate and after
8.29 consultation and advice from the minority leader, the Chair of
8.30 the Committee on Rules and Administration may add members to or
8.31 delete members from the standing committees.
8.32 11. APPOINTMENTS BY SUBCOMMITTEE ON COMMITTEES
8.33 11.1 The Committee on Rules and Administration may
8.34 constitute a standing Subcommittee on Committees, the report of
8.35 which within its jurisdiction has the effect of a report of the
8.36 Committee on Rules and Administration. The subcommittee
9.1 consists of five members, one of whom must be a member of the
9.2 minority group.
9.3 11.2 Unless otherwise provided, the Subcommittee on
9.4 Committees shall appoint all members of commissions or other
9.5 bodies authorized to be appointed by the Senate and report the
9.6 appointments to the Senate.
9.7 12. COMMITTEE MEETINGS
9.8 12.1 All meetings of the Senate, its committees, committee
9.9 divisions, and subcommittees are open to the public. A meeting
9.10 of a caucus of the members of any of those bodies from the same
9.11 political party need not be open to the public. A caucus of the
9.12 Hennepin county, Ramsey county, or St. Louis county delegation
9.13 is open to the public. For purposes of this rule, a meeting
9.14 occurs when a quorum is present and action is taken regarding a
9.15 matter within the jurisdiction of the body.
9.16 12.2 Any person may submit to the Chair of the Committee on
9.17 Rules and Administration a complaint that members have violated
9.18 the open meeting requirements of Minnesota Statutes, section
9.19 3.055. A member of the Senate may submit the complaint either
9.20 orally or in writing; others must submit the complaint in
9.21 writing. Whether the complaint was written or oral, the Chair
9.22 of the Committee on Rules and Administration shall immediately
9.23 forward it in writing to the Subcommittee on Ethical Conduct
9.24 without disclosing the identity of the complainant. The
9.25 complaint must not be further disclosed without the consent of
9.26 the complainant, except to the members against whom the
9.27 complaint was made, unless the complaint was made by a member of
9.28 the Senate in writing under oath, in which case the
9.29 investigatory procedures of Rule 55 apply.
9.30 12.3 To the extent practical, a committee, subcommittee, or
9.31 division shall announce each meeting to the public at least
9.32 three calendar days before convening. The notice must state the
9.33 name of the committee, subcommittee, or division, the bill or
9.34 bills to be considered, and the place and time of meeting. The
9.35 notice must be posted on the Senate's Web site and on all Senate
9.36 bulletin boards in the Capitol and the State Office Building. A
10.1 notice must be sent to the House of Representatives for posting
10.2 as it deems necessary. If the three-day notice requirement
10.3 cannot be met, the committee, subcommittee, or division shall
10.4 give simultaneous notice to all of the known proponents and
10.5 opponents of the bill as soon as practicable.
10.6 12.4 A Senate committee, subcommittee, or division shall
10.7 adjourn no later than 10:00 p.m. each day, unless two-thirds of
10.8 the members present vote to suspend this requirement.
10.9 12.5 Committees, subcommittees, and divisions may not meet
10.10 while the Senate is in session without permission of the
10.11 Senate. The names of the members excused shall be printed in
10.12 the Journal.
10.13 12.6 A majority of its members constitutes a quorum of a
10.14 committee, subcommittee, or division.
10.15 12.7 Each standing committee of the Senate, including a
10.16 subcommittee or division of the committee, may at any time sit
10.17 and act, investigate and take testimony on any matter within its
10.18 jurisdiction, report hearings held by it, and make expenditures
10.19 as authorized by the Committee on Rules and Administration.
10.20 12.8 A standing committee, but not a subcommittee or
10.21 division, may require by subpoena or otherwise the attendance
10.22 and testimony of witnesses and the production of correspondence,
10.23 books, papers, and documents, in the manner provided by
10.24 Minnesota Statutes, section 3.153.
10.25 12.9 Upon the request of a member of a committee,
10.26 subcommittee, or division to which a bill has been referred, or
10.27 upon the request of the chief author of the bill, a record must
10.28 be made of the vote on the bill or any amendment in the
10.29 committee, subcommittee, or division.
10.30 12.10 Upon request of three members of the committee before
10.31 the vote is taken, the record of a roll call vote in a standing
10.32 committee must accompany the committee report and be printed in
10.33 the Journal.
10.34 12.11 A committee report may only be based on action taken
10.35 at a regular or special meeting of the committee. A report in
10.36 violation of this rule is out of order.
11.1 13. HOUR OF CONVENING
11.2 If the Senate adjourns without setting a time to reconvene,
11.3 the Senate shall convene on the next legislative day at 10:00
11.5 14. PRESIDENT
11.6 14.1 The President shall take the chair at the time to
11.7 which the Senate adjourned. The President shall immediately
11.8 call the members to order and, on the appearance of a quorum,
11.9 shall proceed with the regular order of business.
11.10 14.2 The President may call a member to preside. In the
11.11 absence of the President, the President Pro Tem, the Chair of
11.12 the Committee on Rules and Administration, or the Chair's
11.13 designee, shall preside over the Senate. In the absence of the
11.14 President and the Chair, the Senate may select a member to
11.15 perform the duties of the President. Substitutions do not
11.16 extend beyond adjournment.
11.17 14.3 The President shall preserve order and decorum, may
11.18 speak on points of order in preference to members, and shall
11.19 also decide all questions of order, subject to an appeal to the
11.20 Senate by a member.
11.21 14.4 An appeal is decided by a majority vote of those
11.22 present and voting. Upon an appeal from the decision of the
11.23 President, the question is, "Shall the decision of the President
11.24 be the judgment of the Senate?"
11.25 14.5 The President shall sign all acts, memorials,
11.26 addresses and resolutions. All writs, warrants, and subpoenas
11.27 issued by the Senate must be signed by the President and
11.28 attested by the Secretary.
11.29 14.6 Upon a finding by the Committee on Rules and
11.30 Administration that the President refuses or is unable to sign
11.31 any of the documents described in this rule, the Chair of the
11.32 Committee on Rules and Administration, or some other member
11.33 selected by the committee, shall assume the duties of the
11.34 President under this rule until the President is able to sign
11.35 the documents described or until the Senate elects a new
11.36 President, whichever occurs first.
12.1 15. ADMISSION TO SENATE CHAMBER
12.2 15.1 The Senate Chamber is reserved for Senate use.
12.3 15.2 A person may not be admitted to the Senate Chamber
12.4 except as provided in these rules. A member, an officer, the
12.5 constitutional officers, ex-Governors of the State of Minnesota,
12.6 members of the House, judges of the trial and appellate courts
12.7 and members of Congress may be admitted.
12.8 15.3 Past members of Congress or of the state Legislature
12.9 who are not interested in any claim or directly in a bill
12.10 pending before the Legislature may be personally admitted by a
12.11 member of the Senate.
12.12 15.4 An employee of either house may be admitted at the
12.13 request of a member or an officer of the Senate.
12.14 15.5 The head of a department of state government may be
12.15 admitted by the President.
12.16 15.6 A member of another state, provincial, or national
12.17 legislative body may be admitted to the floor by any member of
12.18 the Senate. A member of another legislative body who is
12.19 admitted to the floor may be introduced to the Senate by the
12.21 15.7 When the Senate is not meeting, a person who is not a
12.22 member may be admitted to the floor at the request of a member
12.23 or an officer.
12.24 15.8 Public hearings may not be held in the Senate Chamber.
12.25 15.9 The Retiring Room of the Senate is reserved for the
12.26 exclusive use of the members of the Senate at all times. The
12.27 Sergeant at Arms shall strictly enforce this rule.
12.28 16. PRIVILEGE OF REPORTERS
12.29 16.1 The Secretary shall provide space for news reporters
12.30 on the Senate floor in limited numbers, and in the Senate
12.31 gallery. Because of limited space on the floor, permanent space
12.32 is limited to those news agencies that regularly cover the
12.33 legislature, namely: The Associated Press, St. Paul Pioneer
12.34 Press, St. Paul Legal Ledger, Star Tribune, Duluth News-Tribune,
12.35 The Forum, Rochester Post-Bulletin, St. Cloud Times, WCCO radio,
12.36 KSTP radio, and Minnesota Public Radio. The Secretary shall
13.1 provide an additional two spaces to other reporters if space is
13.2 available. One person from each named agency and one person
13.3 from the Senate Publications Office may be present at the press
13.4 table on the Senate floor at any time. Other news media
13.5 personnel may occupy seats provided in the Senate gallery.
13.6 16.2 The Secretary shall compile and distribute to the
13.7 public a directory of reporters accredited to report from the
13.8 Senate floor. The directory must include each reporter's
13.9 picture and news organization and a brief biography.
13.10 16.3 The Secretary must issue each accredited reporter an
13.11 identification badge showing the reporter's name and news
13.12 organization. The reporter must wear the badge when in the
13.13 Senate Chamber.
13.14 17. DECORUM
13.15 17.1 In case of a disturbance or disorderly conduct in the
13.16 lobbies or galleries, the President may order them cleared.
13.17 17.2 A member may not introduce a visitor or visitors in
13.18 the galleries from the floor or rostrum of the Senate.
13.19 17.3 Smoking is not permitted in the Senate Chamber or
13.20 galleries, the Retiring Room, hearing rooms, offices, or other
13.21 spaces under the control of the Senate.
13.22 17.4 During floor proceedings, picture taking by persons
13.23 other than accredited news or legislative photographers, picture
13.24 taking with floodlights or flash units, and visual or audible
13.25 disruptions are prohibited. At all times, demonstrations and
13.26 food or beverages are prohibited in the Senate Chamber and in
13.27 the galleries.
13.28 17.5 Television recording or broadcasting on the Senate
13.29 floor is under the direction of the Secretary.
13.30 18. ORDER OF BUSINESS
13.31 18.1 The order of business is as follows:
13.32 1. Petitions, letters, remonstrances.
13.33 2. Executive and official communications.
13.34 3. Messages from the House of Representatives.
13.35 4. First reading of House bills.
13.36 5. Reports of committees.
14.1 (a) From standing committees.
14.2 (b) From select committees.
14.3 6. Second reading of Senate bills.
14.4 7. Second reading of House bills.
14.5 8. Motions and Resolutions.
14.6 9. Calendar.
14.7 10. Consent Calendar.
14.8 11. General Orders.
14.9 12. Introduction and first reading of Senate bills.
14.10 13. Announcements of Senate interest.
14.11 18.2 Under the order of business of Motions and
14.12 Resolutions, the Senate may by a majority vote of the whole
14.13 Senate temporarily revert or proceed to any other order of
14.15 19. PETITIONS AND OTHER COMMUNICATIONS
14.16 19.1 In presenting a petition, memorial, remonstrance or
14.17 other communication addressed to the Senate, a member shall only
14.18 state the general purpose of it.
14.19 19.2 Every petition, memorial, remonstrance, resolution,
14.20 bill and report of committee, must have an appropriate title,
14.21 and the name of the member presenting it written on it.
14.22 19.3 Every written communication distributed to members in
14.23 the Senate Chamber must have the name of the member or officer
14.24 distributing it displayed on it.
14.25 20. MESSAGES FROM THE HOUSE
14.26 A message from the House of Representatives that a Senate
14.27 bill has been amended, and the amendment, must be printed and
14.28 placed on the members' desks before a member may move to concur
14.29 in the House amendment. If the amendment has been printed in
14.30 the House Journal for a preceding day and is available to the
14.31 members, the Journal copy may serve as the printed copy.
14.32 21. OBJECTIONS TO COMMITTEE REFERRALS
14.33 A member may question the proper reference of a bill at the
14.34 time the bill is reported by a standing committee to which it
14.35 was previously referred. When a member questions the reference
14.36 of a bill, the bill must be referred without debate to the
15.1 Committee on Rules and Administration to report the proper
15.2 reference. Upon adoption of the report of the Committee on
15.3 Rules and Administration, the bill must be referred accordingly.
15.4 22. GENERAL ORDERS
15.5 22.1 The Secretary shall make a list of all bills,
15.6 resolutions, reports of committees, and other proceedings of the
15.7 Senate that are referred to the Committee of the Whole and
15.8 number them. The lists are called the "General Orders".
15.9 22.2 Items on General Orders must be taken up in the order
15.10 in which they are numbered unless otherwise ordered by a
15.11 majority of the committee.
15.12 22.3 General Orders, together with all bills required to be
15.13 included on it, must be electronically available or printed at
15.14 least one calendar day before being considered in Committee of
15.15 the Whole.
15.16 22.4 With the concurrence of the chief author of the bill,
15.17 a majority of the whole Senate may at any time take a bill from
15.18 the table and place it on General Orders.
15.19 23. COMMITTEE OF THE WHOLE
15.20 23.1 All bills, memorials, orders, resolutions and votes
15.21 requiring the approval of the Governor must, after a second
15.22 reading, be considered in Committee of the Whole before they are
15.23 finally acted upon by the Senate, unless considered on the
15.24 Consent Calendar or as a Special Order.
15.25 23.2 The President may call a member to the Chair when the
15.26 Senate resolves itself into the Committee of the Whole.
15.27 23.3 The rules observed in the Senate govern, as far as
15.28 practicable, the proceedings of the Committee of the Whole, and
15.29 the Chair of the Committee of the Whole has the powers of the
15.30 President, as appropriate. However, a member may speak more
15.31 than twice on the same subject and a call for the previous
15.32 question may not be made.
15.33 23.4 Three members may request a roll call vote. The vote
15.34 must be recorded in the Journal along with the amendment.
15.35 23.5 The recommendations of the Committee of the Whole must
15.36 be reported to the Senate. The question is on the adoption or
16.1 rejection of the report, and no other question may be admitted.
16.2 The question may be divided to permit separate Senate action on
16.3 the report as to any bill.
16.4 23.6 On adoption of the report of the Committee of the
16.5 Whole, all bills recommended to pass must be placed on the
16.7 24. CALENDAR
16.8 24.1 The Secretary shall make a Calendar of all bills,
16.9 resolutions and other matters approved by the Committee of the
16.10 Whole for final action. The Secretary shall place them on the
16.11 Calendar in the order in which they have been acted upon in
16.12 Committee of the Whole.
16.13 24.2 The Calendar must be electronically available or
16.14 printed at least one calendar day before the matters on it are
16.16 25. CONSENT CALENDAR
16.17 25.1 If a committee determines that a bill it recommends to
16.18 pass is not likely to be opposed, the committee may recommend
16.19 that the bill be placed on the Consent Calendar. If the
16.20 committee report is adopted, the bill must be electronically
16.21 available or printed and placed on the Consent Calendar after
16.22 its second reading. On the question of adoption of the report,
16.23 the question of accepting the recommendation that the bill be
16.24 placed on the Consent Calendar may be divided from the question
16.25 of adopting the report in other respects.
16.26 25.2 A majority of the whole Senate, or the Chair of the
16.27 Committee on Rules and Administration, may order a bill on
16.28 General Orders placed on the Consent Calendar.
16.29 25.3 The Consent Calendar must be electronically available
16.30 or printed at least one calendar day before the matters on it
16.31 are considered.
16.32 25.4 If a member objects to consideration of a bill on the
16.33 Consent Calendar at any time during its consideration in the
16.34 Senate before the question on final passage is put, and that
16.35 objection is supported by at least two other members, the bill
16.36 is referred to the Committee of the Whole, and the Secretary
17.1 shall place it at the bottom of General Orders subject to Rule
17.2 22.2, except that it need not lie over one calendar day before
17.3 consideration in the Committee of the Whole.
17.4 26. SPECIAL ORDERS
17.5 26.1 The Chair of the Committee on Rules and
17.6 Administration, or the Chair's designee, may designate a special
17.7 order for a bill that has been given its second reading.
17.8 26.2 A special order may provide that the bill be
17.9 considered immediately, at a time certain, or after specific
17.10 other business is completed.
17.11 26.3 During consideration of a special order, Rule 36.5 is
17.13 26.4 As nearly as applicable, debate on the bill and all
17.14 proceedings including amendments and substitutions must be
17.15 conducted as in the Committee of the Whole.
17.16 26.5 On any question, a member may request a roll call
17.17 vote, which must be entered in the Journal.
17.18 26.6 Unless it is otherwise disposed of, after
17.19 consideration a bill on Special Orders must immediately proceed
17.20 to its third reading and final passage.
17.21 26.7 A bill may not be made a special order if the chief
17.22 author has declined on three previous occasions to take the bill
17.23 up after it was designated a special order.
17.24 27. MOTIONS
17.25 27.1 A motion or amendment must be written if a member
17.26 requests. It must identify the member or committee offering it.
17.27 27.2 When a motion is made, it must be stated by the
17.28 President. If it is in writing, it must be handed to the
17.29 Secretary and read to the members.
17.30 27.3 After a motion is stated by the President, or read by
17.31 the Secretary, it is in possession of the Senate, but may be
17.32 withdrawn by the author at any time before decision or amendment.
17.33 28. PRECEDENCE OF MOTIONS
17.34 28.1 When a question is under debate no motion may be made,
17.36 1. To adjourn.
18.1 2. To recess.
18.2 3. To reconsider.
18.3 4. To lay on the table.
18.4 5. For the previous question.
18.5 6. To refer.
18.6 7. To postpone to a day certain.
18.7 8. To amend.
18.8 9. To postpone indefinitely.
18.9 28.2 Motions numbered 1, 2, 4 and 5 above are not debatable.
18.10 28.3 These motions have precedence in the foregoing order;
18.11 but when a motion for the previous question has been made, or
18.12 the main question ordered, a motion to lay on the table is not
18.13 in order.
18.14 28.4 A motion to postpone to a day certain, to refer, to
18.15 postpone indefinitely, or to amend, having been decided, may not
18.16 again be put on the same day, nor at the same stage of the bill
18.17 or proposition.
18.18 29. MOTION TO ADJOURN
18.19 A motion to adjourn or a motion to adjourn to a time
18.20 certain is always in order. The latter motion is debatable
18.21 solely as to the time. When either motion is rejected, it may
18.22 not be renewed until further business has been transacted.
18.23 30. MOTION TO RECONSIDER
18.24 30.1 When a motion or question has been decided, a member
18.25 who voted with the prevailing side may move for reconsideration
18.26 on the same day on which the vote was taken or within the next
18.27 two calendar days or, if later, the first day the Senate meets
18.28 after the vote was taken. The motion takes precedence over all
18.29 other questions except a motion to adjourn or recess. When a
18.30 motion to adjourn is adopted before the disposition of the
18.31 motion for reconsideration, a motion for reconsideration must
18.32 lie over until the next succeeding day the Senate meets except
18.33 as provided in this rule.
18.34 30.2 When notice of intent to move reconsideration of the
18.35 final action of the Senate on a question is given by a member,
18.36 the Secretary shall retain the subject of the notice until after
19.1 the expiration of the time during which the motion can be made.
19.2 30.3 A notice of intent to move for reconsideration is not
19.3 in order after the Tuesday before the third Saturday in May, but
19.4 a motion to reconsider may be made.
19.5 30.4 A motion for reconsideration having been once voted on
19.6 may not be made again nor reconsidered.
19.7 31. MOTION FOR THE PREVIOUS QUESTION
19.8 31.1 Unless a motion for the previous question is made
19.9 specifically applicable to a subsidiary motion, it must be in
19.10 this form: "Shall the main question now be put?" If the motion
19.11 for the previous question is supported by a majority of the
19.12 members present, its effect is to put an end to all debate and
19.13 bring the Senate to a direct vote upon all pending amendments in
19.14 their order and then upon the main question.
19.15 31.2 On a motion for the previous question, a call of the
19.16 Senate is in order before the President submits the question to
19.17 the Senate.
19.18 31.3 On a motion for the previous question there is no
19.19 debate. All incidental questions of order, arising after a
19.20 motion is made for the previous question, and pending the
19.21 motion, must be decided, whether on appeal or otherwise, without
19.23 32. MOTION TO REFER
19.24 A bill or resolution may be referred to committee at any
19.25 time before its passage. If an amendment is reported on the
19.26 referral to any committee other than the Committee of the Whole,
19.27 it must again be read the second time, considered in Committee
19.28 of the Whole, read the third time and placed on final passage.
19.29 If the referral is to the Committee of the Whole it must be
19.30 placed at the head of General Orders, except when the referral
19.31 is from the Consent Calendar under Rule 25.4.
19.32 33. MOTION TO AMEND BILL OR RESOLUTION
19.33 33.1 A motion to amend must be written if a member
19.34 requests. It must identify the member offering it.
19.35 33.2 In drawing an amendment to a bill or resolution,
19.36 reference must be made, first to the number of the bill, then to
20.1 the page, and then to the line or lines where language is to be
20.2 stricken or inserted.
20.3 33.3 In filling blanks, the largest sum, the longest time
20.4 and the greatest distance must be first taken.
20.5 33.4 The title to a bill may be amended by the Secretary at
20.6 any time the bill is amended by the Senate.
20.7 33.5 An amendment is not in order to a bill on the Calendar
20.8 or after third reading without the unanimous consent of the
20.9 Senate unless it fills a blank, amends the title, is proposed to
20.10 the chief author of the bill by the Revisor of Statutes to
20.11 correct technical defects found by the Revisor while engrossing
20.12 earlier amendments to the bill, or is proposed to a bill on the
20.13 Consent Calendar before the bill is given its third reading.
20.14 34. MOTION TO SUSPEND RULES
20.15 34.1 A rule may be suspended by a vote of at least
20.16 two-thirds of the whole Senate.
20.17 34.2 A motion to suspend the rules for the purpose of
20.18 advancing a bill may be made only under the order of business,
20.19 "Motions and Resolutions".
20.20 35. GERMANENESS
20.21 35.1 An amendment proposed to the Senate or to the
20.22 Committee of the Whole that is not germane is out of order.
20.23 35.2 A non-germane amendment includes one that relates to a
20.24 substantially different subject, or is intended to accomplish a
20.25 substantially different purpose, than that of the original bill
20.26 to which it is proposed.
20.27 35.3 An amendment to insert a constitutional amendment is
20.28 not germane to a bill that does not already include a
20.29 constitutional amendment.
20.30 35.4 Whether an amendment is germane is to be decided by
20.31 the President, who may put the question to the body if the
20.32 President chooses.
20.33 35.5 A motion to remove an amendment placed on a House bill
20.34 under Rule 45.1 is out of order if removal of the amendment
20.35 would make a portion of the House bill not germane to the Senate
20.36 companion for which it was substituted.
21.1 35.6 If a House amendment to a Senate bill is not germane
21.2 to the Senate bill, a motion to concur in the House amendment is
21.3 out of order.
21.4 36. DEBATE
21.5 36.1 When a member is about to speak to the Senate, the
21.6 member shall rise and respectfully address "Mr. (or Madam)
21.7 President." The member may not proceed to speak further until
21.8 recognized by the President.
21.9 36.2 The member shall speak only to the question under
21.10 debate and avoid personality.
21.11 36.3 The member may inform the Senate of the Governor's
21.12 position on a bill and on its status in the House of
21.14 36.4 In discussing a resolution, each member is limited to
21.15 ten minutes.
21.16 36.5 A member may not speak more than twice on the same
21.17 question on the same day without permission of the Senate.
21.18 36.6 When a member is speaking, no one may stand between
21.19 the member speaking and the President.
21.20 36.7 A member may not speak without using a microphone.
21.21 36.8 All remarks during debate shall be addressed to the
21.23 36.9 When the President puts a question, or addresses the
21.24 Senate, no one may walk out of or cross the Chamber.
21.25 36.10 When a member is called to order, the member shall be
21.26 silent until it is determined whether or not the member is in
21.27 order. If a member is called to order for words spoken in
21.28 debate, the words excepted to must be taken down in writing by
21.29 the Secretary immediately.
21.30 37. ABSENCE OF MEMBERS
21.31 A member or officer of the Senate may not be absent from a
21.32 session of the Senate unless excused by the Senate. The name of
21.33 a member excused must be printed in the Journal.
21.34 38. CALL OF THE SENATE
21.35 38.1 A member may impose a call of the Senate requiring the
21.36 attendance of all members before any further proceedings occur
22.1 except a motion to adjourn.
22.2 38.2 Upon the imposition of a call, a member may request a
22.3 record of those present and the Sergeant at Arms shall bring in
22.4 the absent members.
22.5 38.3 When the Senate has been placed under call, a member
22.6 may demand that the doors be closed and that no member be
22.7 permitted to leave the Chamber until the matter or question, if
22.8 any, under consideration at the time of the call is disposed of,
22.9 or until the call is lifted by a majority of the whole Senate,
22.10 or until the Senate adjourns.
22.11 38.4 A majority of the whole Senate may excuse members not
22.12 answering the call.
22.13 38.5 A call may not be imposed after voting has commenced.
22.14 39. DIVISION OF QUESTION
22.15 39.1 A member may call for a division of the question when
22.16 the division is possible. A motion to strike and insert is
22.18 39.2 The defeat of a motion to strike does not preclude an
22.19 amendment nor a motion to strike and insert.
22.20 40. VOTING
22.21 40.1 The President shall distinctly state the question
22.22 before taking the vote. The President shall declare the result
22.23 of the vote. If a member questions the result of a vote, the
22.24 President shall order a division.
22.25 40.2 A member may vote on a question or be counted on a
22.26 division only at the member's own seat in the Senate Chamber.
22.27 40.3 At any time before the start of voting on a question,
22.28 a member may request a roll call vote, which must be entered in
22.29 the Journal.
22.30 40.4 Unless otherwise ordered, a roll call vote, except
22.31 upon elections, may be taken by means of the electrical voting
22.32 system under the control of the President.
22.33 40.5 A roll call vote may not be interrupted except to
22.34 close the roll as provided in Rule 41.3.
22.35 40.6 A member or other person may not proceed to or remain
22.36 by the Secretary's desk while a roll call or division is being
23.2 41. MEMBERS TO VOTE UNLESS EXCUSED
23.3 41.1 Every member who is in the Senate Chamber during a
23.4 roll call shall vote upon the request of another member unless
23.5 excused by the Senate.
23.6 41.2 A motion by a member to be excused from voting must be
23.7 made before the question is put. A member wishing to be excused
23.8 from voting may make a brief statement of the reason for making
23.9 the request. The question on the motion to excuse must be taken
23.10 without further debate.
23.11 41.3 When members have had an opportunity to vote and fail
23.12 to do so, a majority of the whole Senate may, by motion, direct
23.13 the President to close the roll.
23.14 41.4 The vote on a motion to close the roll must be taken
23.15 without debate. No member is required to vote on the motion.
23.16 42. FINAL PASSAGE
23.17 The final question on a bill or other matter requiring
23.18 action by both Houses after its first and second reading, and
23.19 after the consideration in Committee of the Whole, is on its
23.20 final passage.
23.21 43. TRANSMITTING BILLS TO THE HOUSE
23.22 43.1 Except when a motion to reconsider has been made as
23.23 provided in Rule 30, immediately after the passage of a bill or
23.24 other matter in which the concurrence of the House of
23.25 Representatives is requested, the Secretary shall transmit it to
23.26 the House.
23.27 43.2 On the concurrence of a bill or other matter of the
23.28 House by the Senate, or on the concurrence or disagreement in a
23.29 vote of the House, the Secretary shall notify the House.
23.30 44. ENGROSSING AND ENROLLING OF BILLS
23.31 44.1 The Secretary and the Engrossing Secretary shall
23.32 ensure that every bill, memorial, or resolution originating in
23.33 the Senate is carefully engrossed before it is transmitted to
23.34 the House of Representatives for concurrence.
23.35 All engrossing and enrolling of bills shall be done at the
23.36 direction and under authority of the Senate.
24.1 44.2 The Secretary shall ensure that every bill, memorial,
24.2 or resolution originating in the Senate is carefully enrolled by
24.3 the Revisor of Statutes before it is presented to the Governor
24.4 or filed with the Secretary of State.
24.5 45. COMPARISON AND SUBSTITUTION OF BILLS
24.6 45.1 A House bill, after its first reading, must be
24.7 referred as follows, unless there is a motion by the Chair of
24.8 the Committee on Rules and Administration or a designee of the
24.10 (a) If there is no Senate companion bill, the House bill
24.11 must be referred to the appropriate standing committee, unless
24.12 there is objection under Rule 4.9.
24.13 (b) If there is a Senate companion bill, the House bill
24.14 must be referred to the standing committee possessing the Senate
24.16 (c) If the Senate companion bill has been reported to the
24.17 Senate, the House bill must be referred to the Committee on
24.18 Rules and Administration, which shall report whether the House
24.19 bill is identical to the Senate companion bill. If the bills
24.20 are identical, the report must recommend that the House bill be
24.21 given its second reading and substituted for the Senate
24.22 companion bill and the Senate companion bill be indefinitely
24.23 postponed. If the House bill is not identical to the Senate
24.24 companion bill, the report of the committee must recommend an
24.25 amendment to the House bill that when adopted will render the
24.26 House bill identical to the Senate bill. Upon adoption of a
24.27 committee report containing the proposed amendment, the House
24.28 bill as amended must be given its second reading and substituted
24.29 for the Senate companion bill and the Senate companion bill must
24.30 be indefinitely postponed.
24.31 45.2 The Secretary shall prepare and submit reports under
24.32 this rule on behalf of the Committee on Rules and Administration.
24.33 45.3 A House bill placed on the Calendar by substitution
24.34 must not be given its third reading on the same day as the
24.36 46. CONFERENCE COMMITTEES
25.1 The Subcommittee on Committees shall appoint all conference
25.2 committees of the Senate and report the appointments to the
25.3 Senate. In the appointment of members of conference committees
25.4 between the two houses, the Subcommittee on Committees shall
25.5 appoint those who are in accord with the position of the
25.6 Senate. Whenever practical, the subcommittee shall give
25.7 preference to authors of bills in dispute and to members of
25.8 standing committees in which the bills were considered.
25.9 47. DISPOSITION OF BILLS ON ADJOURNMENT
25.10 Adjournment of the regular session in an odd-numbered year
25.11 to a date certain in the following year is equivalent to daily
25.12 adjournment, except that a bill on the Calendar, Consent
25.13 Calendar, or General Orders must be returned to the standing
25.14 committee other than the Committee on Rules and Administration
25.15 from which it was last reported to the Senate, unless otherwise
25.16 provided for by motion before adjournment. Bills returned to
25.17 committee under this rule must, upon request of the chief
25.18 author, be given priority for consideration by the committee in
25.19 the even-numbered year ahead of all other bills in the order in
25.20 which they appeared on the Calendar, Consent Calendar, or
25.21 General Orders.
25.22 48. PRINTING AND DISTRIBUTION OF BILLS
25.23 48.1 Unless otherwise ordered by the Senate, all Senate
25.24 bills that have been reported upon favorably or without
25.25 recommendation by a committee must be electronically available
25.26 or printed before consideration by the Senate or the Committee
25.27 of the Whole.
25.28 48.2 A House bill amended by the Senate must be
25.29 unofficially engrossed and electronically available or printed
25.30 when placed on General Orders.
25.31 48.3 A bill may be electronically available or printed by
25.32 order of the Secretary when amended after second reading.
25.33 48.4 A bill must be electronically available or printed
25.34 when ordered by the Senate.
25.35 48.5 Action by the Senate on a bill that has not been
25.36 printed is a waiver of the printing requirement.
26.1 48.6 To the extent practical, the Secretary shall provide a
26.2 copy of any bill to the public and may charge a reasonable fee.
26.3 49. JOURNAL AND INDEX
26.4 49.1 The Secretary shall keep a correct Journal of the
26.5 proceedings of the Senate and shall perform other duties
26.6 assigned to the Secretary.
26.7 49.2 The Secretary shall not permit Journal records,
26.8 accounts or papers to be taken out of the Secretary's custody,
26.9 other than in the regular mode of business. If a document in
26.10 the Secretary's charge is missing, the Secretary shall report
26.11 the fact to the President, so that inquiry may be made.
26.12 49.3 The Secretary shall supervise the recording of
26.13 proceedings in the Journal, the engrossing, transcribing and
26.14 copying of bills and resolutions, and generally perform the
26.15 duties of Secretary, under direction of the Committee on Rules
26.16 and Administration.
26.17 49.4 The Journal of each day's proceedings is open for
26.18 correction at any time during the session of the next day the
26.19 Senate meets. Unless corrected on that day, the Journal stands
26.21 49.5 The Secretary shall keep a record of all Senate and
26.22 House bills showing the status of each bill pending, until its
26.23 final passage.
26.24 50. ELECTRONIC RECORDINGS
26.25 50.1 The Secretary shall cause to be recorded on electronic
26.26 media the proceedings of the Senate, the Committee of the Whole,
26.27 and each standing committee, subcommittee, and division. Each
26.28 electronic record must be clearly labeled to show the name of
26.29 the body whose proceedings are recorded and the dates the
26.30 proceedings occurred. Each electronic record of the proceedings
26.31 of the Senate and the Committee of the Whole must be accompanied
26.32 by a log showing the number of each bill considered and the
26.33 places on the record where consideration of the bill occurred.
26.34 50.2 Within two working days after each Senate session, the
26.35 Secretary shall make a copy of the electronic record and
26.36 corresponding log of proceedings of the Senate and the Committee
27.1 of the Whole available to the Legislative Reference Library.
27.2 50.3 Within one week after each meeting of a standing
27.3 committee, subcommittee, or division, the Secretary shall make
27.4 the electronic record of the meeting available to the
27.5 Legislative Reference Library, together with an agenda showing
27.6 bills considered and any action taken on them.
27.7 50.4 Upon completion and approval of the minutes of the
27.8 meeting, the Secretary shall promptly deliver a copy of the
27.9 minutes to the Legislative Reference Library.
27.10 50.5 The Secretary shall keep a record of each session of
27.11 the Senate and the Committee of the Whole, each meeting of a
27.12 Senate standing committee, subcommittee, or division and the
27.13 date on which the electronic record of the session or meeting
27.14 was made available to the Legislative Reference Library. The
27.15 Library shall keep a similar record of all electronic records to
27.16 which it has been given access.
27.17 50.6 The Library shall provide committee staff with
27.18 reasonable access to Senate electronic records and shall provide
27.19 the public with convenient facilities to listen to them.
27.20 50.7 The Secretary shall make copies of Senate electronic
27.21 records available to the public for a fee determined by the
27.22 Secretary to be adequate to cover the cost of preparing the
27.23 copies. A copy must be provided free to a member of the Senate
27.24 upon request for use in legislative business.
27.25 50.8 The Secretary shall keep the original electronic
27.26 record and log of each session of the Senate and the Committee
27.27 of the Whole until the end of the period for which the members
27.28 of the existing House of Representatives have been elected, at
27.29 which time the electronic record may be preserved or disposed of
27.30 as the Secretary sees fit. The Legislative Reference Library
27.31 shall keep electronic records, logs, and minutes forwarded to it
27.32 until two years after the end of the period for which the
27.33 members of the existing Senate have been elected, at which time
27.34 they may be preserved or disposed of as the Library sees fit.
27.35 50.9 The Senate intends that testimony and discussion
27.36 preserved under this rule not be admissible in any court or
28.1 administrative proceeding on an issue of legislative intent.
28.2 51. OTHER DUTIES OF SECRETARY
28.3 51.1 The Secretary shall not issue a certificate
28.4 authorizing the payment of money by virtue of a motion or
28.5 resolution, unless the motion or resolution is voted for by a
28.6 majority of the whole Senate on a roll call vote.
28.7 51.2 The Secretary and the Engrossing Secretary shall
28.8 correct all mistakes in numbering the sections and reference to
28.9 them, whether the errors occur in the original bill or are
28.10 caused by amendments to it.
28.11 51.3 The Secretary is the agent of the Senate for the
28.12 purchase of supplies and services. The Secretary's records on
28.13 purchase of supplies and services are open for inspection.
28.14 51.4 The Secretary shall adopt administrative controls to
28.15 ensure that each member is accountable for the member's own long
28.16 distance telephone calls and that Senate telephones are used
28.17 only for Senate business.
28.18 51.5 By the 15th day of April, July, October, and January
28.19 of each year, the Secretary shall submit a detailed report of
28.20 Senate expenditures during the previous quarter to the Committee
28.21 on Rules and Administration.
28.22 51.6 The Secretary's public records may be inspected during
28.23 normal business hours.
28.24 52. SERGEANT AT ARMS
28.25 The Sergeant at Arms shall execute all orders of the
28.26 President and perform all assigned duties connected with the
28.27 police and good order of the Senate Chamber; exercise
28.28 supervision over the entry and exit of all persons to and from
28.29 the Chamber; see that messages are promptly delivered; see that
28.30 the hall is properly ventilated and the temperature is properly
28.31 regulated, and that the Chamber is open for the use of members
28.32 of the Senate at least one-half hour before the start of a
28.33 session; and perform all other services pertaining to the office
28.34 of Sergeant.
28.35 53. BUDGET AND EXPENDITURES
28.36 53.1 The Committee on Rules and Administration shall adopt
29.1 an operating budget for the Senate.
29.2 53.2 All propositions for the appointment and payment of
29.3 employees of the Senate or for expenditures of the Legislature,
29.4 other than those provided by law, must be referred without
29.5 debate to the Committee on Rules and Administration.
29.6 54. EMPLOYEES
29.7 54.1 The Committee on Rules and Administration shall
29.8 establish positions, set compensation, appoint employees, and
29.9 authorize expense reimbursement for employees as it deems
29.10 necessary to carry out the work of the Senate. At the request
29.11 of any committee member, an action of the committee must be
29.12 submitted as a Senate resolution for adoption by the Senate.
29.13 54.2 The Secretary shall keep a roster of all employees of
29.14 the Senate, including positions and compensation, which must be
29.15 open for inspection by the public.
29.16 54.3 The Secretary shall post, in a public place in the
29.17 Capitol, a notice of every vacant position on the permanent
29.18 staff of the Senate. The notice must remain posted for at least
29.19 two weeks, and no vacancy may be filled until the period of
29.20 posting has elapsed.
29.21 54.4 Except as otherwise provided in these rules, the
29.22 Committee on Rules and Administration has full and exclusive
29.23 authority over, and charge of all employees of the Senate both
29.24 elected and appointed. The committee has the sole and exclusive
29.25 power and authority to assign them to duties other than for
29.26 which they were elected or appointed as the committee may
29.28 54.5 The committee may make employment rules and
29.29 regulations. In case of violation of an order of the committee
29.30 by an employee, or in case of a violation of a rule or
29.31 regulation made by the committee, or in case of misconduct or
29.32 omission by an employee, the Committee on Rules and
29.33 Administration may hear complaints and discharge the employee or
29.34 impose discipline, a fine, or other punishment upon the employee.
29.35 54.6 The Secretary shall supervise the employees under the
29.36 direction of the Committee on Rules and Administration.
30.1 55. SUBCOMMITTEE ON ETHICAL CONDUCT
30.2 55.1 The Subcommittee on Committees shall appoint a
30.3 Subcommittee on Ethical Conduct of the Committee on Rules and
30.4 Administration consisting of four members, two from the majority
30.5 group and two from the minority group.
30.6 55.2 The subcommittee shall serve in an advisory capacity
30.7 to a member or employee upon written request and shall issue
30.8 recommendations to the member or employee. A member may request
30.9 the subcommittee to provide its advice on a potential conflict
30.10 of interest to the member in private. If so requested, the
30.11 subcommittee shall conduct its proceedings on the advisory
30.12 opinion in private. The request, proceedings on the request,
30.13 and any advice given by the subcommittee in response to the
30.14 request must remain private. The member may not use an advisory
30.15 opinion from the subcommittee as a defense to a complaint under
30.16 this rule unless the opinion has been adopted by the
30.17 subcommittee at a public meeting.
30.18 55.3 The subcommittee shall investigate a complaint by a
30.19 member of the Senate in writing under oath received before
30.20 adjournment sine die in the last year of a senate term regarding
30.21 improper conduct by a member or employee of the Senate. The
30.22 subcommittee has the powers of a standing committee to issue
30.23 subpoenas under Minnesota Statutes, section 3.153.
30.24 55.4 Within 30 days after receiving a complaint, the
30.25 subcommittee must meet and either make a finding of no probable
30.26 cause, vote to defer action until a certain time, or proceed
30.27 with its investigation.
30.28 55.5 In order to determine whether there is probable cause
30.29 to believe that improper conduct has occurred, the subcommittee
30.30 may, by a vote of three of its members, conduct a preliminary
30.31 inquiry in executive session to which the open meeting
30.32 requirements of Rules 12.1 to 12.3 do not apply. The executive
30.33 session may be ordered by a vote of three of its members
30.34 whenever the subcommittee determines that matters relating to
30.35 probable cause are likely to be discussed. The executive
30.36 session must be limited to matters relating to probable cause.
31.1 Upon a finding of probable cause, further proceedings on the
31.2 complaint are open to the public.
31.3 55.6 The subcommittee may appoint special counsel to
31.4 provide expert advice on how to conduct its proceedings. The
31.5 subcommittee may appoint a suitable person to conduct the
31.6 investigation and report findings of fact and recommendations
31.7 for action to the subcommittee.
31.8 55.7 If, after investigation, the subcommittee finds the
31.9 complaint substantiated by the evidence, it shall recommend to
31.10 the Committee on Rules and Administration appropriate
31.11 disciplinary action.
31.12 55.8 To minimize disruption of its public proceedings, the
31.13 subcommittee may require that television coverage be pooled or
31.14 be provided by Senate media services.
31.15 55.9 If criminal proceedings relating to the same conduct
31.16 have begun, the subcommittee may defer its proceedings until the
31.17 criminal proceedings have been completed.
31.18 55.10 The Senate intends that proceedings of the
31.19 Subcommittee on Ethical Conduct not be admissible in any
31.20 criminal proceeding.
31.21 56. STANDARDS OF ETHICAL CONDUCT
31.22 56.1 Members shall adhere to the highest standard of
31.23 ethical conduct as embodied in the Minnesota Constitution, state
31.24 law, and these rules. This standard applies until the
31.25 legislature has adjourned sine die in the last year of a senate
31.27 56.2 A member shall not publish or distribute written
31.28 material if the member knows or has reason to know that the
31.29 material includes any statement that is false or clearly
31.30 misleading, concerning a public policy issue or concerning the
31.31 member's or another member's voting record or position on a
31.32 public policy issue.
31.33 56.3 Improper conduct includes conduct that violates a rule
31.34 or administrative policy of the Senate, that violates accepted
31.35 norms of Senate behavior, that betrays the public trust, or that
31.36 tends to bring the Senate into dishonor or disrepute.
32.1 57. CONFLICTS OF INTEREST
32.2 A member who in the discharge of senatorial duties would be
32.3 required to take an action or make a decision that would
32.4 substantially affect the member's financial interests or those
32.5 of an associated business, unless the effect on the member is no
32.6 greater than on others in the member's business classification,
32.7 profession, or occupation, shall disclose the potential conflict
32.8 of interest by following the procedure set forth in Minnesota
32.9 Statutes, section 10A.07.
32.10 58. LOBBYISTS
32.11 58.1 A lobbyist shall not appear before a Senate committee
32.12 pursuant to the lobbyist's employment unless the lobbyist is in
32.13 compliance with the law requiring lobbyist registration,
32.14 Minnesota Statutes, sections 10A.03 to 10A.06. A lobbyist, when
32.15 appearing before a committee, shall disclose to the committee on
32.16 whose behalf the lobbyist speaks and the purpose of the
32.17 lobbyist's appearance. A lobbyist shall not knowingly furnish
32.18 false or misleading information or make a false or misleading
32.19 statement that is relevant and material to a matter before the
32.20 Senate or any of its committees when the lobbyist knows or
32.21 should know it will influence the judgment or action of the
32.22 Senate or any of its committees, subcommittees, or divisions.
32.23 58.2 The Subcommittee on Ethical Conduct shall investigate
32.24 a complaint by a member of the Senate in writing under oath
32.25 received during a legislative session that a lobbyist has
32.26 violated Rule 58.1. The investigatory procedures of Rule 55
32.27 apply, except as provided in this rule. The complaint and
32.28 proceedings on the complaint are private until the subcommittee
32.29 has found probable cause to believe that a violation of Rule
32.30 58.1 has occurred, unless they are made public by the lobbyist
32.31 whose conduct is the subject of the complaint or by the vote of
32.32 at least three members of the subcommittee.
32.33 59. AMENDMENTS TO RULES
32.34 Every proposition to amend a rule of the Senate must be
32.35 referred to the Committee on Rules and Administration. The
32.36 proposition may not be acted upon until the report of the
33.1 committee is received by the Senate.