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, as introduced: 86th Legislative Session (2009-2010) Posted on March 9, 2009

S.C.R. No. 6, First Unofficial Engrossment: 86th Legislative Session (2009-2010) Posted on March 26, 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 2.11.08 Elections 2.21.09 No Smoking 2.31.10 Parliamentary Procedure 2.4ARTICLE II: BILLS 2.52.01 Form 2.62.02 Appropriating Money 2.72.03 Deadlines 2.82.04 Amending Bills Originating in other House 2.92.05 Receding From Position 2.102.06 Conference Committees 2.112.07 Enrollment and Signature 2.12ARTICLE III: GENERAL PROVISIONS 2.133.01 Suspension of Joint Rules 2.143.02 Odd Year Session Adjournment 2.153.03 Interim Committee and Commission Reports 2.16ARTICLE IV: ELECTION OF REGENTS 2.174.01 Joint Committee 2.184.02 Joint Convention 2.19ARTICLE I: JOINT CONVENTIONS 2.20HOW GOVERNED 2.211.01 The Speaker of the House shall preside at all Conventions of the two houses of 2.22the Legislature and shall call the members to order. The Chief Clerk of the House shall be the 2.23Secretary and the Sergeant at Arms of the House shall be the Sergeant at Arms of the Convention. 2.24PRESIDENT'S DUTIES 2.251.02 The President of the Convention shall preserve order and decorum. The President 2.26may speak on all points of order in preference to other members and shall decide questions of 2.27order, subject to an appeal to the Convention by any member. The President shall rise to put a 2.28question but may state it while seated. 3.1PRESIDENT'S RIGHT TO VOTE 3.21.03 The President shall have the right to vote in all cases except appeals from the 3.3President's decisions. The President shall vote last on all questions. 3.4STATING QUESTIONS 3.51.04 Questions shall be put to the Convention in the following form: "As many as are 3.6of the opinion that (the question) shall pass, say 'Aye.'" After an affirmative vote is expressed 3.7the nays shall be called as follows: "As many as are of the contrary opinion, say 'No.'" If the 3.8President is in doubt or a division is called, those in the affirmative shall rise first and those 3.9in the negative afterward. 3.10ORDER OF DEBATE 3.111.05 When any member wishes to speak to the Convention on any matter, the member 3.12shall rise and respectfully address the President, and not speak further until recognized. The 3.13member shall speak only to the question under debate and avoid personal remarks. When two or 3.14more members rise at the same time, the President shall designate the member to speak first. No 3.15member shall speak more than twice on the same question without permission of the Convention. 3.16CALLING MEMBER TO ORDER 3.171.06 If any member of the Joint Convention is called to order for offensive words in debate, 3.18the member calling to order shall report the words to which exception is taken and the Secretary 3.19shall record them. No member may be called to order for any language used in debate if exception 3.20is not taken before any other member has spoken or any other business has taken place. A member 3.21called to order shall immediately sit down unless another member moves to permit the member to 3.22explain. In any case, the Joint Convention, if appealed to, shall decide without debate. Only if the 3.23decision is in favor of the member called to order shall the member be at liberty to proceed. 3.24CALL OF THE CONVENTION 3.251.07 Five members may demand a call of the Convention at any time except after voting 3.26has commenced. When such a call is demanded, the doors shall be closed, the roll shall be called, 3.27the absent members shall be sent for, and no member may be permitted to leave the Chamber, 3.28unless excused by the President, until the call is lifted. Proceedings under the roll call may be 3.29suspended by a majority vote of all the members of the Convention. A call of the Convention may 3.30be lifted by a majority vote of all the members of the Convention. 3.31ELECTIONS 3.321.08 In all elections by the Joint Convention, members shall vote viva voce and the 3.33roll of Senate members shall be called first. Whenever there is an election of any officer in 3.34Joint Convention, the result shall be certified by the President of the Senate and the Speaker of 3.35the House and announced by them to their respective houses. The result shall be entered in the 3.36Journal of each house and communicated to the Governor by the Secretary of the Convention. 4.1NO SMOKING 4.21.09 No person is permitted to smoke in the Chamber or in the gallery during a Joint 4.3Convention. 4.4PARLIAMENTARY PROCEDURE 4.51.10 The rules of the House shall be the Rules of the Joint Convention of both houses in 4.6all cases in which the foregoing rules are not applicable. 4.7ARTICLE II: BILLS 4.8FORM 4.92.01 The title of each bill shall clearly state its subject and briefly state its purpose. When 4.10a bill amends or repeals an existing act, the title shall refer to the chapter, section or subdivision. 4.11Reference shall be made to Minnesota Statutes for the provisions appearing therein unless 4.12reference to previous session laws is required for some special reason. 4.13Bills shall refer to Minnesota Statutes as follows: 4.14"Minnesota Statutes .........., section .........." 4.15Bills shall refer to the session laws as follows: 4.16"Laws .........., chapter .........., section .........." 4.17A bill for the amendment of a statute shall contain the full text of the section or subdivision 4.18to be amended as it appears in the latest edition of Minnesota Statutes unless it has been amended, 4.19in which event it shall contain the full text as amended. 4.20The words and characters constituting the amending matter shall be inserted in the proper 4.21place in the text and underscored. The words and characters to be eliminated by the amendment 4.22shall be stricken by drawing a line through them. The text of a new section or subdivision shall 4.23also be underscored when a bill amends an existing chapter or section by adding a new section or 4.24subdivision. In the omnibus appropriation bills required by Joint Rule 2.02, sections making an 4.25appropriation or transfer and not amending a statute or session law need not have new material 4.26underscored. Before a committee favorably reports upon a bill, the chair of the committee shall 4.27see that the bill conforms to this rule. When a bill is printed in the Journal, the new matter shall be 4.28in italics or underscored and the matter to be eliminated shall be capitalized and in parentheses or 4.29stricken by drawing a line through it. A bill drafted by the Revisor of Statutes for the purposes of 4.30correcting errors in Minnesota Statutes need not comply with the provisions of this paragraph if 4.31the bill is labeled "REVISOR'S BILL" immediately below the title, and if there is attached thereto 4.32a memorandum of information explaining the reasons for the bill. 5.1If the bill is for an original law and not for an amendment of an existing law, the sections 5.2and subdivisions shall be arranged, subdivided, and numbered in like manner as Minnesota 5.3Statutes. If such a bill assigns to the sections thereof headnotes or identification by the decimal 5.4system of numbering used in Minnesota Statutes, such headnotes and decimal identification may 5.5be submitted by standing committee chairs to the Revisor of Statutes for examination. Any such 5.6headnotes shall be capital letters enclosed in brackets, and shall be subject to the provisions of 5.7Minnesota Statutes, section 648.36 645.49. 5.8All numbers in titles shall be expressed in figures. All numbers of section or chapter of law 5.9shall be in figures. In the body of a bill numbers in excess of ten shall be in figures, except for 5.10a special reason they may be written, but when written they shall not be followed by numbers 5.11or parentheses. 5.12A bill may include or be accompanied by a table of contents. 5.13A bill that repeals a statute may include or be accompanied by an appendix containing the 5.14full text of the section or subdivision repealed. 5.15A bill containing a constitutional amendment may only contain the statutory language and 5.16changes necessary to conduct the constitutional election and to implement the constitutional 5.17amendment, should it pass. Extraneous statutory changes or additional topics may not be included 5.18in a bill proposing a constitutional amendment. 5.19APPROPRIATING MONEY 5.202.02 The same bill shall not appropriate public money or property to more than one 5.21local or private purpose. 5.22No clause appropriating money for a local or private purpose shall be contained in a bill 5.23appropriating money for the State government or public institutions. 5.24All resolutions authorizing the issuing of abstracts by the Secretary of the Senate or the 5.25Chief Clerk of the House for the payment of money shall be upon the call of "yeas" and "nays." 5.26DEADLINES 5.272.03The Legislature shall establish by concurrent resolution deadlines for each regular 5.28session. The deadlines do not apply to the House committees on Capital Investment, Ways and 5.29Means, Finance, Taxes, or Rules and Legislative Administration, nor to the Senate committees on 5.30Capital Investment, Finance, Taxes, or Rules and Administration. 5.31The first deadline is for committees to act favorably on bills in the house of origin. 6.1The second deadline is for committees to act favorably on bills, or companions of bills, 6.2that met the first deadline in the other house. 6.3A committee has until the second deadline to act favorably on a bill, or the companion of a 6.4bill, that by the first deadline was referred to a finance committee. The deadline for a committee of 6.5either house to act on a bill that has been recommended favorably by the Legislative Commission 6.6on Pensions and Retirement is the second committee deadline. The major appropriation bills are 6.7exempt from the first two deadlines. 6.8The third deadline is for committees to act favorably on major appropriation and finance 6.9bills. 6.10When a committee in either house acts favorably on a bill after a deadline established in 6.11the concurrent resolution, the bill must be referred in the Senate to the Committee on Rules and 6.12Administration and in the House of Representatives to the Committee on Rules and Legislative 6.13Administration for disposition. Either rules committee, when reporting a bill referred to the 6.14committee under this rule, may waive application of the rule to subsequent actions on that bill 6.15by other committees. 6.16All bills necessary to implement the governor's budget submitted by a state agency or 6.17department must be made available for introduction within 15 calendar days after the governor's 6.18budget was submitted. A bill introduced after that date must be referred to the Committee on 6.19Rules and Administration in the Senate or the Committee on Rules and Legislative Administration 6.20in the House of Representatives and may not be heard without the approval of that committee. 6.21AMENDING BILLS ORIGINATING IN OTHER HOUSE 6.222.04 Either house shall have the power to amend any bill, memorial, or resolution passed 6.23by the other house. 6.24RECEDING FROM POSITION 6.252.05 Prior to a Conference Committee on any matter, either house may recede from its 6.26position on any difference existing between the two houses. In order to recede, and if the matter 6.27is not in the possession of a house, that house shall request return of the matter from the other 6.28house. To recede, a majority of a house shall govern, except in cases otherwise provided in 6.29the Constitution. If the question is put and lost, it shall not be put again on the same day. A 6.30reconsideration of the question shall in all respects be regulated by the rules of that house. 6.31CONFERENCE COMMITTEES 6.322.06 In all cases of disagreement between the Senate and House on amendments adopted 6.33by either house to a bill, memorial or resolution passed by the other house, a Conference 7.1Committee consisting of not less than three members nor more than five members from each 7.2house may be requested by either house. The other house shall appoint a similar committee. 7.3The manner of procedure shall be as follows: The house of origin passes a bill and transmits 7.4it to the other body. If the other body adopts an amendment to the bill and passes it as amended, 7.5it shall return the bill with a record of its actions to the house of origin. If the house of origin 7.6refuses to concur in the amendment, it shall ask for a Conference Committee, appoint such a 7.7committee on its part, and transmit the bill with a record of its action to the other house. If the 7.8other house adheres to its amendment, it shall appoint a like committee and return the bill to 7.9the house of origin. 7.10All Conference Committees shall be open to the public. 7.11As much as practical, meetings of Conference Committees shall be announced as far in 7.12advance as possible, with the intent to provide a 24-hour notice, and actions taken shall be agreed 7.13upon in an open meeting. At an agreed upon hour the Conference Committee shall meet. The 7.14members from each house shall state to the members from the other house, orally or in writing, 7.15the reason for their respective positions. The members shall confer thereon. A conference 7.16committee may not meet between the hours of midnight and 7:00 a.m., except that a committee 7.17may extend a meeting for up to one hour past midnight by a vote of two-thirds of the members 7.18appointed to the committee by each house. The chair shall rotate between the Senate and the 7.19House of Representatives at least every calendar day, Sundays and holidays excepted. The 7.20conferees shall report to their respective houses the agreement they have reached, or, if none, 7.21the fact of a disagreement. 7.22If an agreement is reported, the house of origin shall act first upon the report. A Conference 7.23Committee report must be limited to provisions that are germane to the bill and amendments 7.24that were referred to the Conference Committee. A provision is not germane if it relates to a 7.25substantially different subject or is intended to accomplish a substantially different purpose from 7.26that of the bill and amendment that were referred to the Conference Committee. 7.27A Conference Committee report may not appropriate a larger sum of money than the 7.28larger of the bill or the amendments that were referred to the Conference Committee unless 7.29the additional appropriation is authorized by the Speaker of the House of Representatives and 7.30the Majority Leader of the Senate. 7.31A Conference Committee report may not delegate rulemaking to a department or agency of 7.32state government or exempt a department or agency of state government from rulemaking unless 8.1the delegation or exemption was included in either the bill or the amendment that was referred to 8.2the Conference Committee. 8.3A Conference Committee report may not create a new commission, council, task force, 8.4board, or other body to which a member of the legislature may be appointed unless the body was 8.5created in either the bill or the amendment that was referred to the Conference Committee. 8.6If the report is adopted and repassed as amended by the Conference Committee by the house 8.7of origin, the report, the bill and a record of its action shall be transmitted to the other house. 8.8Except after the last Thursday on which the Legislature can meet in regular session in 8.9odd-numbered years, and after the last Thursday on which the Legislature intended, when 8.10it adopted the concurrent resolution required by Rule 2.03, to meet in regular session in 8.11even-numbered years, a written or electronic copy of a report of a Conference Committee shall be 8.12placed on the desk of each member of a house, or delivered electronically, twelve hours before 8.13action on the report by that house. If the report has been reprinted in the Journal of either house 8.14for a preceding day and is available to the members, the Journal copy shall serve as the written 8.15report. The member presenting the Conference Committee report to the body shall disclose, 8.16either in writing or orally, the substantial changes from the bill or the amendment as they were 8.17last before the body. 8.18ENROLLMENT AND SIGNATURE 8.192.07 After a bill or memorial or joint resolution has been passed by both houses, it shall be 8.20carefully and properly enrolled by the Revisor of Statutes under the direction of the Secretary 8.21of the Senate for a matter originating in the Senate or the Chief Clerk of the House for a matter 8.22originating in the House. 8.23The enrollment shall be prepared on archival quality paper approximately 8 1/2" x 14" in 8.24size and may be produced by means of a copying machine. An enrolled bill shall be labeled "An 8.25Act" but otherwise shall be identical to the bill passed by the Legislature. Other enrollments shall 8.26be identical to the memorial or joint resolution passed by the legislature. 8.27The Revisor of Statutes shall obtain the signatures and certificates of the proper officers 8.28to the enrollment. A joint resolution applying to the Congress of the United States to call a 8.29convention for proposing amendments to the Constitution of the United States, ratifying an 8.30amendment to the Constitution of the United States, proposing an amendment to the Minnesota 8.31Constitution, or prescribing the compensation of judges shall not be presented to the Governor for 8.32approval but shall be deposited by the Revisor of Statutes with the Secretary of State. All other 8.33enrollments shall be presented to the Governor for approval. 8.34ARTICLE III: GENERAL PROVISIONS 9.1SUSPENSION OF JOINT RULES 9.23.01 Either house may suspend the Joint Rules of the Senate and House by a vote of 9.3two-thirds of its members. 9.4ODD YEAR SESSION ADJOURNMENT 9.53.02 Adjournment of the regular session in any odd-numbered year to a date certain in the 9.6following year shall be equivalent to daily adjournment, except that upon adjournment in any 9.7odd-numbered year to a date certain in the following year: 9.8(a) Any bill being considered by a Conference Committee shall be returned to the house of 9.9origin, laid on the table, and the Conference Committee shall be discharged; 9.10(b) Any bill referred to the Committee on Rules and Administration in the Senate or the 9.11Committee on Rules and Legislative Administration in the House pursuant to Joint Rule 2.03 9.12shall be returned to the standing committee to which it was last previously referred; and 9.13(c) Any bill returned by the Governor to the house of origin with the Governor's objections 9.14following the adjournment shall be laid on the table. 9.15INTERIM COMMITTEE AND COMMISSION REPORTS 9.163.03 Except as otherwise provided by law, the report of any interim committee or 9.17commission to the Legislature shall be submitted on paper 8 1/2" x 11" in size, spiral bound, 9.18stapled, or punched on the left edge to fit a standard size three ring binder intended for that size 9.19paper. A brief summary of the recommendations of the commission or committee shall appear 9.20first and be clearly separated from its findings, discussions, and exhibits. If the report contains 9.21legislative recommendations, a copy of any proposed legislation, particularly if extensive in 9.22character, shall if possible be attached as an exhibit at the end of the report. 9.23ARTICLE IV: ELECTION OF REGENTS 9.24JOINT COMMITTEE 9.254.01 By May 7 February 28 of each odd-numbered year, or at a date agreed to by 9.26concurrent resolution, a joint committee shall meet to recommend nominees for regent of the 9.27University of Minnesota to be presented to a Joint Convention of the legislature. The members 9.28of the joint committee are the members of the senate and house committees budget and policy 9.29divisions on higher education. A majority of the members from each house is a quorum of the 9.30joint committee. 9.31The joint committee shall determine the number of persons, and the person or persons to be 9.32recommended for each open seat. 9.33Each person recommended by the regent candidate advisory council is considered to be 9.34nominated. Other persons may be nominated by a member of the committee at the meeting. The 10.1joint committee may recommend to the joint convention candidates recommended by the advisory 10.2council and any other candidates nominated by the joint committee. Nominations may be made 10.3by committee members only. Nominations must be made for a specified congressional or student 10.4seat, or for any at-large seat. In recommending nominees, the joint committee must consider the 10.5needs of the University of Minnesota. A candidate other than one recommended by the advisory 10.6council may be nominated for consideration by the joint committee only if the nomination 10.7receives the support of at least three house of representatives members of the committee and 10.8two senate members of the committee. The joint committee must make recommendations for 10.9vacancies on the Board of Regents. 10.10The roll shall be called viva voce on the recommendation of regents. A majority vote of the 10.11members of the joint committee is required for a candidate to be recommended. A candidate must 10.12receive a majority vote of members from the house of representatives and from the senate on the 10.13joint committee to be recommended to the joint convention. 10.14The joint committee must meet to interview candidates and recommend candidates to 10.15the joint convention. 10.16JOINT CONVENTION 10.174.02 At the Joint Convention of the Senate and House of Representatives called to elect 10.18regents, the joint committee shall report the name of the person or persons recommended for 10.19each seat. These persons are considered to be nominated. Any member of the legislature may 10.20submit additional nominations. If there is more than one at-large seat to be filled, all candidates 10.21nominated for an at-large seat are candidates for any of the at-large seats. 10.22The roll shall be called viva voce on the election of regents. The roll must be called first 10.23on congressional district seats until they are filled, then on the student seat, and then on the 10.24at-large seats. 10.25Each member may cast one vote for each seat to be filled, but no more than one vote 10.26for a candidate. 10.27The candidate for each seat receiving a majority of the votes cast must be declared elected. 10.28If there is more than one at-large seat to be filled and more than one candidate who receives a 10.29majority of the votes cast, the candidates receiving the highest number of votes must be declared 10.30elected; in case of a tie for the highest number of votes, the votes must be cast again. If no 10.31candidate receives a majority of the votes cast for a seat, on each succeeding ballot the candidate 10.32with the fewest votes must be dropped from consideration and the votes cast again until a 10.33majority vote is achieved. Any candidate with fewer than 20 votes on any ballot shall also be 10.34dropped on succeeding ballots.

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