Minnesota Senate









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

S.C.R. No. 6, First Engrossment: 86th Legislative Session (2009-2010) Posted on April 7, 2009
S.C.R. No. 6, First Unofficial Engrossment: 86th Legislative Session (2009-2010) Posted on March 26, 2009

S.C.R. No. 6, as introduced: 86th Legislative Session (2009-2010) Posted on March 9, 2009

1.1A Senate concurrent resolution 1.2adopting Permanent Joint Rules of the Senate and House of Representatives. 1.3BE IT RESOLVED, by the Senate of the State of Minnesota, the House of Representatives 1.4concurring: 1.5The Permanent Joint Rules of the Senate and the House of Representatives for the 86th 1.6Legislature shall read as follows: 1.7JOINT RULES OF THE SENATE AND 1.8HOUSE OF REPRESENTATIVES 1.9TABLE OF CONTENTS 1.10ARTICLE I: JOINT CONVENTIONS 1.111.01 How Governed 1.121.02 President's Duties 1.131.03 President's Right to Vote 1.141.04 Stating Questions 1.151.05 Order of Debate 1.161.06 Calling Member to Order 1.171.07 Call of the Convention 1.181.08 Elections 1.191.09 No Smoking 1.201.10 Parliamentary Procedure 1.21ARTICLE II: BILLS 1.222.01 Form 1.232.02 Appropriating Money 1.242.03 Deadlines 1.252.04 Amending Bills Originating in other House 2.12.05 Receding From Position 2.22.06 Conference Committees 2.32.07 Enrollment and Signature 2.4ARTICLE III: GENERAL PROVISIONS 2.53.01 Suspension of Joint Rules 2.63.02 Odd Year Session Adjournment 2.73.03 Interim Committee and Commission Reports 2.8ARTICLE IV: ELECTION OF REGENTS 2.94.01 Joint Committee 2.104.02 Joint Convention 2.11ARTICLE I: JOINT CONVENTIONS 2.12HOW GOVERNED 2.131.01 The Speaker of the House shall preside at all Conventions of the two houses of 2.14the Legislature and shall call the members to order. The Chief Clerk of the House shall be the 2.15Secretary and the Sergeant at Arms of the House shall be the Sergeant at Arms of the Convention. 2.16PRESIDENT'S DUTIES 2.171.02 The President of the Convention shall preserve order and decorum. The President 2.18may speak on all points of order in preference to other members and shall decide questions of 2.19order, subject to an appeal to the Convention by any member. The President shall rise to put a 2.20question but may state it while seated. 2.21PRESIDENT'S RIGHT TO VOTE 2.221.03 The President shall have the right to vote in all cases except appeals from the 2.23President's decisions. The President shall vote last on all questions. 2.24STATING QUESTIONS 2.251.04 Questions shall be put to the Convention in the following form: "As many as are 2.26of the opinion that (the question) shall pass, say 'Aye.'" After an affirmative vote is expressed 2.27the nays shall be called as follows: "As many as are of the contrary opinion, say 'No.'" If the 2.28President is in doubt or a division is called, those in the affirmative shall rise first and those 2.29in the negative afterward. 2.30ORDER OF DEBATE 2.311.05 When any member wishes to speak to the Convention on any matter, the member 2.32shall rise and respectfully address the President, and not speak further until recognized. The 3.1member shall speak only to the question under debate and avoid personal remarks. When two or 3.2more members rise at the same time, the President shall designate the member to speak first. No 3.3member shall speak more than twice on the same question without permission of the Convention. 3.4CALLING MEMBER TO ORDER 3.51.06 If any member of the Joint Convention is called to order for offensive words in debate, 3.6the member calling to order shall report the words to which exception is taken and the Secretary 3.7shall record them. No member may be called to order for any language used in debate if exception 3.8is not taken before any other member has spoken or any other business has taken place. A member 3.9called to order shall immediately sit down unless another member moves to permit the member to 3.10explain. In any case, the Joint Convention, if appealed to, shall decide without debate. Only if the 3.11decision is in favor of the member called to order shall the member be at liberty to proceed. 3.12CALL OF THE CONVENTION 3.131.07 Five members may demand a call of the Convention at any time except after voting 3.14has commenced. When such a call is demanded, the doors shall be closed, the roll shall be called, 3.15the absent members shall be sent for, and no member may be permitted to leave the Chamber, 3.16unless excused by the President, until the call is lifted. Proceedings under the roll call may be 3.17suspended by a majority vote of all the members of the Convention. A call of the Convention may 3.18be lifted by a majority vote of all the members of the Convention. 3.19ELECTIONS 3.201.08 In all elections by the Joint Convention, members shall vote viva voce and the 3.21roll of Senate members shall be called first. Whenever there is an election of any officer in 3.22Joint Convention, the result shall be certified by the President of the Senate and the Speaker of 3.23the House and announced by them to their respective houses. The result shall be entered in the 3.24Journal of each house and communicated to the Governor by the Secretary of the Convention. 3.25NO SMOKING 3.261.09 No person is permitted to smoke in the Chamber or in the gallery during a Joint 3.27Convention. 3.28PARLIAMENTARY PROCEDURE 3.291.10 The rules of the House shall be the Rules of the Joint Convention of both houses in 3.30all cases in which the foregoing rules are not applicable. 3.31ARTICLE II: BILLS 3.32FORM 3.332.01 The title of each bill shall clearly state its subject and briefly state its purpose. When 3.34a bill amends or repeals an existing act, the title shall refer to the chapter, section or subdivision. 3.35Reference shall be made to Minnesota Statutes for the provisions appearing therein unless 3.36reference to previous session laws is required for some special reason. 4.1Bills shall refer to Minnesota Statutes as follows: 4.2"Minnesota Statutes .........., section .........." 4.3Bills shall refer to the session laws as follows: 4.4"Laws .........., chapter .........., section .........." 4.5A bill for the amendment of a statute shall contain the full text of the section or subdivision 4.6to be amended as it appears in the latest edition of Minnesota Statutes unless it has been amended, 4.7in which event it shall contain the full text as amended. 4.8The words and characters constituting the amending matter shall be inserted in the proper 4.9place in the text and underscored. The words and characters to be eliminated by the amendment 4.10shall be stricken by drawing a line through them. The text of a new section or subdivision shall 4.11also be underscored when a bill amends an existing chapter or section by adding a new section or 4.12subdivision. In the omnibus appropriation bills required by Joint Rule 2.02, sections making an 4.13appropriation or transfer and not amending a statute or session law need not have new material 4.14underscored. Before a committee favorably reports upon a bill, the chair of the committee shall 4.15see that the bill conforms to this rule. When a bill is printed in the Journal, the new matter shall be 4.16in italics or underscored and the matter to be eliminated shall be capitalized and in parentheses or 4.17stricken by drawing a line through it. A bill drafted by the Revisor of Statutes for the purposes of 4.18correcting errors in Minnesota Statutes need not comply with the provisions of this paragraph if 4.19the bill is labeled "REVISOR'S BILL" immediately below the title, and if there is attached thereto 4.20a memorandum of information explaining the reasons for the bill. 4.21If the bill is for an original law and not for an amendment of an existing law, the sections 4.22and subdivisions shall be arranged, subdivided, and numbered in like manner as Minnesota 4.23Statutes. If such a bill assigns to the sections thereof headnotes or identification by the decimal 4.24system of numbering used in Minnesota Statutes, such headnotes and decimal identification may 4.25be submitted by standing committee chairs to the Revisor of Statutes for examination. Any such 4.26headnotes shall be capital letters enclosed in brackets, and shall be subject to the provisions of 4.27Minnesota Statutes, section 648.36. 4.28All numbers in titles shall be expressed in figures. All numbers of section or chapter of law 4.29shall be in figures. In the body of a bill numbers in excess of ten shall be in figures, except for 4.30a special reason they may be written, but when written they shall not be followed by numbers 4.31or parentheses. 4.32A bill may include or be accompanied by a table of contents. 5.1A bill that repeals a statute may include or be accompanied by an appendix containing the 5.2full text of the section or subdivision repealed. 5.3A bill containing a constitutional amendment may only contain the statutory language and 5.4changes necessary to conduct the constitutional election and to implement the constitutional 5.5amendment, should it pass. Extraneous statutory changes or additional topics may not be included 5.6in a bill proposing a constitutional amendment. 5.7APPROPRIATING MONEY 5.82.02 The same bill shall not appropriate public money or property to more than one 5.9local or private purpose. 5.10No clause appropriating money for a local or private purpose shall be contained in a bill 5.11appropriating money for the State government or public institutions. 5.12All resolutions authorizing the issuing of abstracts by the Secretary of the Senate or the 5.13Chief Clerk of the House for the payment of money shall be upon the call of "yeas" and "nays." 5.14DEADLINES 5.152.03The Legislature shall establish by concurrent resolution deadlines for each regular 5.16session. The deadlines do not apply to the House committees on Capital Investment, Ways and 5.17Means, Taxes, or Rules and Legislative Administration, nor to the Senate committees on Capital 5.18Investment, Finance, Taxes, or Rules and Administration. 5.19The first deadline is for committees to act favorably on bills in the house of origin. 5.20The second deadline is for committees to act favorably on bills, or companions of bills, 5.21that met the first deadline in the other house. 5.22A committee has until the second deadline to act favorably on a bill, or the companion of a 5.23bill, that by the first deadline was referred to a finance committee. The deadline for a committee of 5.24either house to act on a bill that has been recommended favorably by the Legislative Commission 5.25on Pensions and Retirement is the second committee deadline. The major appropriation bills are 5.26exempt from the first two deadlines. 5.27The third deadline is for committees to act favorably on major appropriation and finance 5.28bills. 5.29When a committee in either house acts favorably on a bill after a deadline established in 5.30the concurrent resolution, the bill must be referred in the Senate to the Committee on Rules and 5.31Administration and in the House of Representatives to the Committee on Rules and Legislative 5.32Administration for disposition. Either rules committee, when reporting a bill referred to the 6.1committee under this rule, may waive application of the rule to subsequent actions on that bill 6.2by other committees. 6.3All bills necessary to implement the governor's budget submitted by a state agency 6.4or department must be introduced within 15 calendar days after the governor's budget was 6.5submitted. A bill introduced after that date must be referred to the Committee on Rules and 6.6Administration in the Senate or the Committee on Rules and Legislative Administration in the 6.7House of Representatives and may not be heard without the approval of that committee. 6.8AMENDING BILLS ORIGINATING IN OTHER HOUSE 6.92.04 Either house shall have the power to amend any bill, memorial, or resolution passed 6.10by the other house. 6.11RECEDING FROM POSITION 6.122.05 Prior to a Conference Committee on any matter, either house may recede from its 6.13position on any difference existing between the two houses. In order to recede, and if the matter 6.14is not in the possession of a house, that house shall request return of the matter from the other 6.15house. To recede, a majority of a house shall govern, except in cases otherwise provided in 6.16the Constitution. If the question is put and lost, it shall not be put again on the same day. A 6.17reconsideration of the question shall in all respects be regulated by the rules of that house. 6.18CONFERENCE COMMITTEES 6.192.06 In all cases of disagreement between the Senate and House on amendments adopted 6.20by either house to a bill, memorial or resolution passed by the other house, a Conference 6.21Committee consisting of not less than three members nor more than five members from each 6.22house may be requested by either house. The other house shall appoint a similar committee. 6.23The manner of procedure shall be as follows: The house of origin passes a bill and transmits 6.24it to the other body. If the other body adopts an amendment to the bill and passes it as amended, 6.25it shall return the bill with a record of its actions to the house of origin. If the house of origin 6.26refuses to concur in the amendment, it shall ask for a Conference Committee, appoint such a 6.27committee on its part, and transmit the bill with a record of its action to the other house. If the 6.28other house adheres to its amendment, it shall appoint a like committee and return the bill to 6.29the house of origin. 6.30All Conference Committees shall be open to the public. 6.31As much as practical, meetings of Conference Committees shall be announced as far in 6.32advance as possible and actions taken shall be agreed upon in an open meeting. At an agreed 6.33upon hour the Conference Committee shall meet. The members from each house shall state to 6.34the members from the other house, orally or in writing, the reason for their respective positions. 7.1The members shall confer thereon. A conference committee may not meet between the hours of 7.2midnight and 7:00 a.m., except that a committee may extend a meeting for up to one hour past 7.3midnight by a vote of two-thirds of the members appointed to the committee by each house. The 7.4chair shall rotate between the Senate and the House of Representatives at least every calendar 7.5day, Sundays and holidays excepted. The conferees shall report to their respective houses the 7.6agreement they have reached, or, if none, the fact of a disagreement. 7.7If an agreement is reported, the house of origin shall act first upon the report. A Conference 7.8Committee report must be limited to provisions that are germane to the bill and amendments 7.9that were referred to the Conference Committee. A provision is not germane if it relates to a 7.10substantially different subject or is intended to accomplish a substantially different purpose from 7.11that of the bill and amendment that were referred to the Conference Committee. 7.12A Conference Committee report may not appropriate a larger sum of money than the 7.13larger of the bill or the amendments that were referred to the Conference Committee unless 7.14the additional appropriation is authorized by the Speaker of the House of Representatives and 7.15the Majority Leader of the Senate. 7.16A Conference Committee report may not delegate rulemaking to a department or agency of 7.17state government or exempt a department or agency of state government from rulemaking unless 7.18the delegation or exemption was included in either the bill or the amendment that was referred to 7.19the Conference Committee. 7.20A Conference Committee report may not create a new commission, council, task force, 7.21board, or other body to which a member of the legislature may be appointed unless the body was 7.22created in either the bill or the amendment that was referred to the Conference Committee. 7.23If the report is adopted and repassed as amended by the Conference Committee by the house 7.24of origin, the report, the bill and a record of its action shall be transmitted to the other house. 7.25Except after the last Thursday on which the Legislature can meet in regular session in 7.26odd-numbered years, and after the last Thursday on which the Legislature intended, when 7.27it adopted the concurrent resolution required by Rule 2.03, to meet in regular session in 7.28even-numbered years, a written or electronic copy of a report of a Conference Committee shall be 7.29placed on the desk of each member of a house, or delivered electronically, twelve hours before 7.30action on the report by that house. If the report has been reprinted in the Journal of either house 7.31for a preceding day and is available to the members, the Journal copy shall serve as the written 7.32report. The member presenting the Conference Committee report to the body shall disclose, 8.1either in writing or orally, the substantial changes from the bill or the amendment as they were 8.2last before the body. 8.3ENROLLMENT AND SIGNATURE 8.42.07 After a bill or memorial or joint resolution has been passed by both houses, it shall be 8.5carefully and properly enrolled by the Revisor of Statutes under the direction of the Secretary 8.6of the Senate for a matter originating in the Senate or the Chief Clerk of the House for a matter 8.7originating in the House. 8.8The enrollment shall be prepared on archival quality paper approximately 8 1/2" x 14" in 8.9size and may be produced by means of a copying machine. An enrolled bill shall be labeled "An 8.10Act" but otherwise shall be identical to the bill passed by the Legislature. Other enrollments shall 8.11be identical to the memorial or joint resolution passed by the legislature. 8.12The Revisor of Statutes shall obtain the signatures and certificates of the proper officers 8.13to the enrollment. A joint resolution applying to the Congress of the United States to call a 8.14convention for proposing amendments to the Constitution of the United States, ratifying an 8.15amendment to the Constitution of the United States, proposing an amendment to the Minnesota 8.16Constitution, or prescribing the compensation of judges shall not be presented to the Governor for 8.17approval but shall be deposited by the Revisor of Statutes with the Secretary of State. All other 8.18enrollments shall be presented to the Governor for approval. 8.19ARTICLE III: GENERAL PROVISIONS 8.20SUSPENSION OF JOINT RULES 8.213.01 Either house may suspend the Joint Rules of the Senate and House by a vote of 8.22two-thirds of its members. 8.23ODD YEAR SESSION ADJOURNMENT 8.243.02 Adjournment of the regular session in any odd-numbered year to a date certain in the 8.25following year shall be equivalent to daily adjournment, except that upon adjournment in any 8.26odd-numbered year to a date certain in the following year: 8.27(a) Any bill being considered by a Conference Committee shall be returned to the house of 8.28origin, laid on the table, and the Conference Committee shall be discharged; 8.29(b) Any bill referred to the Committee on Rules and Administration in the Senate or the 8.30Committee on Rules and Legislative Administration in the House pursuant to Joint Rule 2.03 8.31shall be returned to the standing committee to which it was last previously referred; and 8.32(c) Any bill returned by the Governor to the house of origin with the Governor's objections 8.33following the adjournment shall be laid on the table. 8.34INTERIM COMMITTEE AND COMMISSION REPORTS 9.13.03 Except as otherwise provided by law, the report of any interim committee or 9.2commission to the Legislature shall be submitted on paper 8 1/2" x 11" in size, spiral bound, 9.3stapled, or punched on the left edge to fit a standard size three ring binder intended for that size 9.4paper. A brief summary of the recommendations of the commission or committee shall appear 9.5first and be clearly separated from its findings, discussions, and exhibits. If the report contains 9.6legislative recommendations, a copy of any proposed legislation, particularly if extensive in 9.7character, shall if possible be attached as an exhibit at the end of the report. 9.8ARTICLE IV: ELECTION OF REGENTS 9.9JOINT COMMITTEE 9.104.01 By May 7 February 28 of each odd-numbered year, or at a date agreed to by 9.11concurrent resolution, a joint committee shall meet to recommend nominees for regent of the 9.12University of Minnesota to be presented to a Joint Convention of the legislature. The members 9.13of the joint committee are the members of the senate and house committees budget and policy 9.14divisions on higher education. A majority of the members from each house is a quorum of the 9.15joint committee. 9.16The joint committee shall determine the number of persons, and the person or persons to be 9.17recommended for each open seat. 9.18Each person recommended by the regent candidate advisory council is considered to be 9.19nominated. Other persons may be nominated by a member of the committee at the meeting. 9.20The joint committee may recommend to the joint convention candidates recommended by the 9.21advisory council and any other candidates nominated by the joint committee. Nominations may 9.22be made by committee members only. Nominations must be made for a specified congressional 9.23or student seat, or for any at-large seat. In recommending nominees, the joint committee must 9.24consider the needs of the University of Minnesota. A candidate other than one recommended 9.25by the advisory council may be nominated for consideration by the joint committee only if 9.26the nomination receives the support of at least three house of representatives members of the 9.27committee and two senate members of the committee. The joint committee may recommend 9.28no more than one candidate for each vacancy. 9.29The roll shall be called viva voce on the recommendation of regents. A majority vote of the 9.30members of the joint committee is required for a candidate to be recommended. A candidate must 9.31receive a majority vote of members from the house of representatives and from the senate on the 9.32joint committee to be recommended to the joint convention. 9.33The joint committee must meet to interview candidates and recommend candidates to 9.34the joint convention. 10.1JOINT CONVENTION 10.24.02 At the Joint Convention of the Senate and House of Representatives called to elect 10.3regents, the joint committee shall report the name of the person or persons recommended for 10.4each seat. These persons are considered to be nominated. Any member of the legislature may 10.5submit additional nominations. If there is more than one at-large seat to be filled, all candidates 10.6nominated for an at-large seat are candidates for any of the at-large seats. 10.7The roll shall be called viva voce on the election of regents. The roll must be called first 10.8on congressional district seats until they are filled, then on the student seat, and then on the 10.9at-large seats. 10.10Each member may cast one vote for each seat to be filled, but no more than one vote 10.11for a candidate. 10.12The candidate for each seat receiving a majority of the votes cast must be declared elected. 10.13If there is more than one at-large seat to be filled and more than one candidate who receives a 10.14majority of the votes cast, the candidates receiving the highest number of votes must be declared 10.15elected; in case of a tie for the highest number of votes, the votes must be cast again. If no 10.16candidate receives a majority of the votes cast for a seat, on each succeeding ballot the candidate 10.17with the fewest votes must be dropped from consideration and the votes cast again until a 10.18majority vote is achieved. Any candidate with fewer than 20 votes on any ballot shall also be 10.19dropped on succeeding ballots.

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