Temporary Joint Rules of the Senate and House of Representatives

for the 85th Legislative Session (2007-2008)


     
  1.1             TEMPORARY JOINT RULES OF THE SENATE AND 
  1.2                     HOUSE OF REPRESENTATIVES
  1.3                 85TH SESSION (2007   2008)
  1.4                         TABLE OF CONTENTS 
  1.5  ARTICLE I:  JOINT CONVENTIONS 
  1.6     1.01 How Governed 
  1.7     1.02 President's Duties 
  1.8     1.03 President's Right to Vote 
  1.9     1.04 Stating Questions 
  1.10    1.05 Order of Debate 
  1.11    1.06 Calling Member to Order 
  1.12    1.07 Call of the Convention 
  1.13    1.08 Elections 
  1.14    1.09 No Smoking 
  1.15    1.10 Parliamentary Procedure 
  1.16 ARTICLE II:  BILLS 
  1.17    2.01 Form 
  1.18    2.02 Appropriating Money 
  1.19    2.03 Deadlines 
  1.20    2.04 Amending Bills Originating in other House 
  1.21    2.05 Receding From Position 
  1.22    2.06 Conference Committees 
  1.23    2.07 Enrollment and Signature 
  1.24 ARTICLE III:  GENERAL PROVISIONS 
  1.25    3.01 Suspension of Joint Rules 
  1.26    3.02 Odd Year Session Adjournment 
  1.27    3.03 Interim Committee and Commission Reports 
  1.28 ARTICLE IV:  ELECTION OF REGENTS 
  1.29    4.01 Joint Committee 
  1.30    4.02 Joint Convention 
  1.31                  ARTICLE I:  JOINT CONVENTIONS 
  1.32                           HOW GOVERNED 
  1.33    Rule 1.01.  The Speaker of the House shall preside at all 
  1.34 Conventions of the two houses of the Legislature and shall call 
  1.35 the members to order.  The Chief Clerk of the House shall be the 
  1.36 Secretary and the Sergeant at Arms of the House shall be the 
  1.37 Sergeant at Arms of the Convention.  
  2.1                         PRESIDENT'S DUTIES 
  2.2     Rule 1.02.  The President of the Convention shall preserve 
  2.3  order and decorum.  The President may speak on all points of 
  2.4  order in preference to other members and shall decide questions 
  2.5  of order, subject to an appeal to the Convention by any member.  
  2.6  The President shall rise to put a question but may state it 
  2.7  while seated.  
  2.8                     PRESIDENT'S RIGHT TO VOTE 
  2.9     Rule 1.03.  The President shall have the right to vote in 
  2.10 all cases except appeals from the President's decisions.  The 
  2.11 President shall vote last on all questions.  
  2.12                        STATING QUESTIONS 
  2.13    Rule 1.04.  Questions shall be put to the Convention in the 
  2.14 following form:  "As many as are of the opinion that (the 
  2.15 question) shall pass, say 'Aye.'" After an affirmative vote is 
  2.16 expressed the nays shall be called as follows:  "As many as are 
  2.17 of the contrary opinion, say 'No.'"  If the President is in 
  2.18 doubt or a division is called, those in the affirmative shall 
  2.19 rise first and those in the negative afterward.  
  2.20                         ORDER OF DEBATE 
  2.21    Rule 1.05.  When any member wishes to speak to the 
  2.22 Convention on any matter, the member shall rise and respectfully 
  2.23 address the President, and not speak further until recognized.  
  2.24 The member shall speak only to the question under debate and 
  2.25 avoid personal remarks.  When two or more members rise at the 
  2.26 same time, the President shall designate the member to speak 
  2.27 first.  No member shall speak more than twice on the same 
  2.28 question without permission of the Convention.  
  2.29                     CALLING MEMBER TO ORDER 
  2.30    Rule 1.06.  If any member of the Joint Convention is called 
  2.31 to order for offensive words in debate, the member calling to 
  2.32 order shall report the words to which exception is taken and the 
  2.33 Secretary shall record them.  No member may be called to order 
  2.34 for any language used in debate if exception is not taken before 
  2.35 any other member has spoken or any other business has taken 
  2.36 place.  A member called to order shall immediately sit down 
  3.1  unless another member moves to permit the member to explain.  In 
  3.2  any case, the Joint Convention, if appealed to, shall decide 
  3.3  without debate.  Only if the decision is in favor of the member 
  3.4  called to order shall the member be at liberty to proceed.  
  3.5                       CALL OF THE CONVENTION 
  3.6     Rule 1.07.  Five members may demand a call of the 
  3.7  Convention at any time except after voting has commenced.  When 
  3.8  such a call is demanded, the doors shall be closed, the roll 
  3.9  shall be called, the absent members shall be sent for, and no 
  3.10 member may be permitted to leave the Chamber, unless excused by 
  3.11 the President, until the call is lifted.  Proceedings under the 
  3.12 roll call may be suspended by a majority vote of all the members 
  3.13 of the Convention.  A call of the Convention may be lifted by a 
  3.14 majority vote of all the members of the Convention.  
  3.15                            ELECTIONS 
  3.16    Rule 1.08.  In all elections by the Joint Convention, 
  3.17 members shall vote viva voce and the roll of Senate members 
  3.18 shall be called first.  Whenever there is an election of any 
  3.19 officer in Joint Convention, the result shall be certified by 
  3.20 the President of the Senate and the Speaker of the House and 
  3.21 announced by them to their respective houses.  The result shall 
  3.22 be entered in the Journal of each house and communicated to the 
  3.23 Governor by the Secretary of the Convention.  
  3.24                            NO SMOKING 
  3.25    Rule 1.09.  No person is permitted to smoke in the Chamber 
  3.26 or in the gallery during a Joint Convention.  
  3.27                     PARLIAMENTARY PROCEDURE 
  3.28    Rule 1.10.  The rules of the House shall be the Rules of 
  3.29 the Joint Convention of both houses in all cases in which the 
  3.30 foregoing rules are not applicable.  
  3.31                        ARTICLE II:  BILLS 
  3.32                               FORM 
  3.33    Rule 2.01.  The title of each bill shall clearly state its 
  3.34 subject and briefly state its purpose.  When a bill amends or 
  3.35 repeals an existing act, the title shall refer to the chapter, 
  3.36 section or subdivision.  
  4.1     Reference shall be made to Minnesota Statutes for the 
  4.2  provisions appearing therein unless reference to previous 
  4.3  session laws is required for some special reason.  
  4.4     Bills shall refer to Minnesota Statutes as follows:  
  4.5     "Minnesota Statutes .........., section .........."  
  4.6     Bills shall refer to the session laws as follows:  
  4.7     "Laws .........., chapter .........., section .........."  
  4.8     A bill for the amendment of a statute shall contain the 
  4.9  full text of the section or subdivision to be amended as it 
  4.10 appears in the latest edition of Minnesota Statutes unless it 
  4.11 has been amended, in which event it shall contain the full text 
  4.12 as amended.  
  4.13    The words and characters constituting the amending matter 
  4.14 shall be inserted in the proper place in the text and 
  4.15 underscored.  The words and characters to be eliminated by the 
  4.16 amendment shall be stricken by drawing a line through them.  The 
  4.17 text of a new section or subdivision shall also be underscored 
  4.18 when a bill amends an existing chapter or section by adding a 
  4.19 new section or subdivision.  In the omnibus appropriation bills 
  4.20 required by Joint Rule 2.02, sections making an appropriation or 
  4.21 transfer and not amending a statute or session law need not have 
  4.22 new material underscored.  Before a committee favorably reports 
  4.23 upon a bill, the chair of the committee shall see that the bill 
  4.24 conforms to this rule.  When a bill is printed in the Journal, 
  4.25 the new matter shall be in italics or underscored and the matter 
  4.26 to be eliminated shall be capitalized and in parentheses or 
  4.27 stricken by drawing a line through it.  A bill drafted by the 
  4.28 Revisor of Statutes for the purposes of correcting errors in 
  4.29 Minnesota Statutes need not comply with the provisions of this 
  4.30 paragraph if the bill is labeled "REVISOR'S BILL" immediately 
  4.31 below the title, and if there is attached thereto a memorandum 
  4.32 of information explaining the reasons for the bill.  
  4.33    If the bill is for an original law and not for an amendment 
  4.34 of an existing law, the sections and subdivisions shall be 
  4.35 arranged, subdivided, and numbered in like manner as Minnesota 
  4.36 Statutes.  If such a bill assigns to the sections thereof 
  5.1  headnotes or identification by the decimal system of numbering 
  5.2  used in Minnesota Statutes, such headnotes and decimal 
  5.3  identification may be submitted by standing committee chairs to 
  5.4  the Revisor of Statutes for examination.  Any such headnotes 
  5.5  shall be capital letters enclosed in brackets, and shall be 
  5.6  subject to the provisions of Minnesota Statutes, section 648.36. 
  5.7     All numbers in titles shall be expressed in figures.  All 
  5.8  numbers of section or chapter of law shall be in figures.  In 
  5.9  the body of a bill numbers in excess of ten shall be in figures, 
  5.10 except for a special reason they may be written, but when 
  5.11 written they shall not be followed by numbers or parentheses. 
  5.12    A bill may include or be accompanied by a table of contents.
  5.13    A bill that repeals a statute may include or be accompanied 
  5.14 by an appendix containing the full text of the section or 
  5.15 subdivision repealed. 
  5.16                       APPROPRIATING MONEY 
  5.17    Rule 2.02.  The same bill shall not appropriate public 
  5.18 money or property to more than one local or private purpose. 
  5.19    No clause appropriating money for a local or private 
  5.20 purpose shall be contained in a bill appropriating money for the 
  5.21 State government or public institutions. 
  5.22    All resolutions authorizing the issuing of abstracts by the 
  5.23 Secretary of the Senate or the Chief Clerk of the House for the 
  5.24 payment of money shall be upon the call of "yeas" and "nays." 
  5.25                            DEADLINES 
  5.26    Rule 2.03.  The Legislature shall establish by concurrent 
  5.27 resolution deadlines for each regular session.  The deadlines do 
  5.28 not apply to the House committees on Capital Investment, Ways 
  5.29 and Means, Taxes, or Rules and Legislative Administration, nor 
  5.30 to the Senate committees on Capital Investment, Finance, Taxes, 
  5.31 or Rules and Administration. 
  5.32    The first deadline is for committees to act favorably on 
  5.33 bills in the house of origin. 
  5.34    The second deadline is for committees to act favorably on 
  5.35 bills, or companions of bills, that met the first deadline in 
  5.36 the other house. 
  6.1     A committee has until the second deadline to act favorably 
  6.2  on a bill, or the companion of a bill, that by the first 
  6.3  deadline was referred to a finance committee.  The deadline for 
  6.4  a committee of either house to act on a bill that has been 
  6.5  recommended favorably by the Legislative Commission on Pensions 
  6.6  and Retirement is the second committee deadline.  The major 
  6.7  appropriation bills are exempt from the first two deadlines. 
  6.8     The third deadline is for committees to act favorably on 
  6.9  major appropriation and finance bills. 
  6.10    When a committee in either house acts favorably on a bill 
  6.11 after a deadline established in the concurrent resolution, the 
  6.12 bill must be referred in the Senate to the Committee on Rules 
  6.13 and Administration and in the House of Representatives to the 
  6.14 Committee on Rules and Legislative Administration for 
  6.15 disposition.  Either rules committee, when reporting a bill 
  6.16 referred to the committee under this rule, may waive application 
  6.17 of the rule to subsequent actions on that bill by other 
  6.18 committees. 
  6.19            AMENDING BILLS ORIGINATING IN OTHER HOUSE 
  6.20    Rule 2.04.  Either house shall have the power to amend any 
  6.21 bill, memorial, or resolution passed by the other house. 
  6.22                      RECEDING FROM POSITION 
  6.23    Rule 2.05.  Prior to a Conference Committee on any matter, 
  6.24 either house may recede from its position on any difference 
  6.25 existing between the two houses.  In order to recede, and if the 
  6.26 matter is not in the possession of a house, that house shall 
  6.27 request return of the matter from the other house.  To recede, a 
  6.28 majority of a house shall govern, except in cases otherwise 
  6.29 provided in the Constitution.  If the question is put and lost, 
  6.30 it shall not be put again on the same day.  A reconsideration of 
  6.31 the question shall in all respects be regulated by the rules of 
  6.32 that house.  
  6.33                      CONFERENCE COMMITTEES 
  6.34    Rule 2.06.  In all cases of disagreement between the Senate 
  6.35 and House on amendments adopted by either house to a bill, 
  6.36 memorial or resolution passed by the other house, a Conference 
  7.1  Committee consisting of not less than three members nor more 
  7.2  than five members from each house may be requested by either 
  7.3  house.  The other house shall appoint a similar committee.  
  7.4     The manner of procedure shall be as follows:  The house of 
  7.5  origin passes a bill and transmits it to the other body.  If the 
  7.6  other body adopts an amendment to the bill and passes it as 
  7.7  amended, it shall return the bill with a record of its actions 
  7.8  to the house of origin.  If the house of origin refuses to 
  7.9  concur in the amendment, it shall ask for a Conference 
  7.10 Committee, appoint such a committee on its part, and transmit 
  7.11 the bill with a record of its action to the other house.  If the 
  7.12 other house adheres to its amendment, it shall appoint a like 
  7.13 committee and return the bill to the house of origin.  
  7.14    All Conference Committees shall be open to the public.  As 
  7.15 much as practical, meetings of Conference Committees shall be 
  7.16 announced as far in advance as possible and actions taken shall 
  7.17 be agreed upon in an open meeting.  At an agreed upon hour the 
  7.18 Conference Committee shall meet.  The members from each house 
  7.19 shall state to the members from the other house, orally or in 
  7.20 writing, the reason for their respective positions.  The members 
  7.21 shall confer thereon.  A Conference Committee may not meet 
  7.22 between the hours of midnight and 7:00 a.m., except that a 
  7.23 committee may extend a meeting for up to one hour past midnight 
  7.24 by a vote of two thirds of the members appointed to the 
  7.25 committee by each house.  The conferees shall report to their 
  7.26 respective houses the agreement they have reached, or, if none, 
  7.27 the fact of a disagreement.  
  7.28    If an agreement is reported, the house of origin shall act 
  7.29 first upon the report.  A Conference Committee report must be 
  7.30 limited to provisions that are germane to the bill and 
  7.31 amendments that were referred to the Conference Committee.  A 
  7.32 provision is not germane if it relates to a substantially 
  7.33 different subject or is intended to accomplish a substantially 
  7.34 different purpose from that of the bill and amendment that were 
  7.35 referred to the Conference Committee. 
  7.36    A Conference Committee report may not appropriate a larger 
  8.1  sum of money than the larger of the bill or the amendments that 
  8.2  were referred to the Conference Committee unless the additional 
  8.3  appropriation is authorized by the Speaker of the House of 
  8.4  Representatives and the Majority Leader of the Senate. 
  8.5     A Conference Committee report may not delegate rulemaking 
  8.6  to a department or agency of state government or exempt a 
  8.7  department or agency of state government from rulemaking unless 
  8.8  the delegation or exemption was included in either the bill or 
  8.9  the amendment that was referred to the Conference Committee. 
  8.10    A Conference Committee report may not create a new 
  8.11 commission, council, task force, board, or other body to which a 
  8.12 member of the legislature may be appointed unless the body was 
  8.13 created in either the bill or the amendment that was referred to 
  8.14 the Conference Committee.  
  8.15    If the report is adopted and repassed as amended by the 
  8.16 Conference Committee by the house of origin, the report, the 
  8.17 bill and a record of its action shall be transmitted to the 
  8.18 other house.  
  8.19    Except after the last Thursday on which the Legislature can 
  8.20 meet in regular session in odd numbered years, and after the 
  8.21 last Thursday on which the Legislature intended, when it adopted 
  8.22 the concurrent resolution required by Rule 2.03, to meet in 
  8.23 regular session in even numbered years, a written copy of a 
  8.24 report of a Conference Committee shall be placed on the desk of 
  8.25 each member of a house twelve hours before action on the report 
  8.26 by that house.  If the report has been reprinted in the Journal 
  8.27 of either house for a preceding day and is available to the 
  8.28 members, the Journal copy shall serve as the written report.  
  8.29 The member presenting the Conference Committee report to the 
  8.30 body shall disclose, either in writing or orally, the 
  8.31 substantial changes from the bill or the amendment as they were 
  8.32 last before the body. 
  8.33                     ENROLLMENT AND SIGNATURE 
  8.34    Rule 2.07.  After a bill or memorial or joint resolution 
  8.35 has been passed by both houses, it shall be carefully and 
  8.36 properly enrolled by the Revisor of Statutes under the direction 
  9.1  of the Secretary of the Senate for a matter originating in the 
  9.2  Senate or the Chief Clerk of the House for a matter originating 
  9.3  in the House.  
  9.4     The enrollment shall be prepared on archival quality paper 
  9.5  approximately 8 1/2" x 14" in size and may be produced by means 
  9.6  of a copying machine.  An enrolled bill shall be labeled "An 
  9.7  Act" but otherwise shall be identical to the bill passed by the 
  9.8  Legislature.  Other enrollments shall be identical to the 
  9.9  memorial or joint resolution passed by the legislature. 
  9.10    The Revisor of Statutes shall obtain the signatures and 
  9.11 certificates of the proper officers to the enrollment.  A joint 
  9.12 resolution applying to the Congress of the United States to call 
  9.13 a convention for proposing amendments to the Constitution of the 
  9.14 United States, ratifying an amendment to the Constitution of the 
  9.15 United States, proposing an amendment to the Minnesota 
  9.16 Constitution, or prescribing the compensation of judges shall 
  9.17 not be presented to the Governor for approval but shall be 
  9.18 deposited by the Revisor of Statutes with the Secretary of 
  9.19 State.  All other enrollments shall be presented to the Governor 
  9.20 for approval. 
  9.21                 ARTICLE III:  GENERAL PROVISIONS 
  9.22                    SUSPENSION OF JOINT RULES 
  9.23    Rule 3.01.  Either house may suspend the Joint Rules of the 
  9.24 Senate and House by a vote of two thirds of its members. 
  9.25                   ODD YEAR SESSION ADJOURNMENT 
  9.26    Rule 3.02.  Adjournment of the regular session in any 
  9.27 odd numbered year to a date certain in the following year shall 
  9.28 be equivalent to daily adjournment, except that upon adjournment 
  9.29 in any odd numbered year to a date certain in the following year:
  9.30    (a) Any bill being considered by a Conference Committee 
  9.31 shall be returned to the house of origin, laid on the table, and 
  9.32 the Conference Committee shall be discharged; 
  9.33    (b) Any bill referred to the Committee on Rules and 
  9.34 Administration in the Senate or the Committee on Rules and 
  9.35 Legislative Administration in the House pursuant to Joint Rule 
  9.36 2.03 shall be returned to the standing committee to which it was 
 10.1  last previously referred; and 
 10.2     (c) Any bill returned by the Governor to the house of 
 10.3  origin with the Governor's objections following the adjournment 
 10.4  shall be laid on the table.  
 10.5              INTERIM COMMITTEE AND COMMISSION REPORTS 
 10.6     Rule 3.03.  Except as otherwise provided by law, the report 
 10.7  of any interim committee or commission to the Legislature shall 
 10.8  be submitted on paper 8 1/2" x 11" in size, spiral bound, 
 10.9  stapled, or punched on the left edge to fit a standard size 
 10.10 three ring binder intended for that size paper.  A brief summary 
 10.11 of the recommendations of the commission or committee shall 
 10.12 appear first and be clearly separated from its findings, 
 10.13 discussions, and exhibits.  If the report contains legislative 
 10.14 recommendations, a copy of any proposed legislation, 
 10.15 particularly if extensive in character, shall if possible be 
 10.16 attached as an exhibit at the end of the report. 
 10.17                 ARTICLE IV:  ELECTION OF REGENTS 
 10.18                         JOINT COMMITTEE 
 10.19    Rule 4.01.  By May 7 of each odd numbered year, or at a 
 10.20 date agreed to by concurrent resolution, a joint committee shall 
 10.21 meet to recommend nominees for regent of the University of 
 10.22 Minnesota to be presented to a Joint Convention of the 
 10.23 legislature.  The members of the joint committee are the members 
 10.24 of the senate and house committees on education.  A majority of 
 10.25 the members from each house is a quorum of the joint committee.  
 10.26    The joint committee shall determine the number of persons, 
 10.27 and the person or persons to be recommended for each open seat. 
 10.28    Each person recommended by the regent candidate advisory 
 10.29 council is considered to be nominated.  Other persons may be 
 10.30 nominated by a member of the committee at the meeting.  
 10.31 Nominations may be made by committee members only.  Nominations 
 10.32 must be made for a specified congressional or student seat, or 
 10.33 for any at large seat.  
 10.34    The roll shall be called viva voce on the recommendation of 
 10.35 regents.  A majority vote of the members of the joint committee 
 10.36 is required for a candidate to be recommended. 
 11.1                          JOINT CONVENTION 
 11.2     Rule 4.02.  At the Joint Convention of the Senate and House 
 11.3  of Representatives called to elect regents, the joint committee 
 11.4  shall report the name of the person or persons recommended for 
 11.5  each seat.  These persons are considered to be nominated.  Any 
 11.6  member of the legislature may submit additional nominations.  If 
 11.7  there is more than one at large seat to be filled, all 
 11.8  candidates nominated for an at large seat are candidates for any 
 11.9  of the at large seats.  
 11.10    The roll shall be called viva voce on the election of 
 11.11 regents.  The roll must be called first on congressional 
 11.12 district seats until they are filled, then on the student seat, 
 11.13 and then on the at large seats.  
 11.14    Each member may cast one vote for each seat to be filled, 
 11.15 but no more than one vote for a candidate. 
 11.16    The candidate for each seat receiving a majority of the 
 11.17 votes cast must be declared elected.  If there is more than one 
 11.18 at large seat to be filled and more than one candidate who 
 11.19 receives a majority of the votes cast, the candidates receiving 
 11.20 the highest number of votes must be declared elected; in case of 
 11.21 a tie for the highest number of votes, the votes must be cast 
 11.22 again.  If no candidate receives a majority of the votes cast 
 11.23 for a seat, on each succeeding ballot the candidate with the 
 11.24 fewest votes must be dropped from consideration and the votes 
 11.25 cast again until a majority vote is achieved.  Any candidate 
 11.26 with fewer than 20 votes on any ballot shall also be dropped on 
 11.27 succeeding ballots.