Chapter One Federal Government - Minnesota State Legislature

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Legislative Rules Appendix Appendix Legislative Rules Rules of the Senate ................................................................................386 Rules of the House of Representatives..................................................393 Joint Rules of the Senate and House ....................................................401 State House of Representatives officer swearing-in ceremony, January 4, 2005 (left to right): Patrick Murphy, first assistant chief clerk; David Surdez, index clerk; Shawn Peterson, chief sergeant-at-arms; Andrew Carter, first assistant sergeant-at-arms; Jacob Jewell, second assistant sergeant-at-arms; Soliving Kong, assistant postmaster; Reverend Lonnie Titus, house chaplain; Gail Romanowski, second assistant chief clerk. These officers help to administer the rules of the legislature. Tom Olmscheid photograph Appendix Legislative Rules
Appendix Legislative Rules Appendix Legislative Rules 386 RULES OF THE SENATE Adopted by the Senate March 4, 2004 1. PARLIAMENTARY REFERENCE The rules of parliamentary practice contained in Mason’s Manual of Legislative Procedure govern the Senate in all cases in which they are applicable, and in which they are not inconsistent with these rules and orders of the Senate and the joint rules and orders of the Senate and House of Representatives. 2. REPORTING OF BILLS Every bill, memorial, order, resolution or vote requiring the approval of the Governor must be reported to the Senate on three different days before its passage. (a) The first report, called the first reading, is made when it has been received for introduction. (b) The second report, called the second reading, is made when it has been considered by all the necessary standing committees and is ready for debate. (c) The third report, called the third reading, is made when it is ready for final passage. 3. BILL INTRODUCTION 3.1 Bills, memorials, and concurrent or joint resolutions may be introduced by a member or by a standing committee. 3.2 The name of the author, authors, or committee must be written on the bill, memorial or resolution. The number of authors may not exceed five. 3.3 An original and two copies are required for introduction. 3.4 A member or a committee desiring to introduce a bill, memorial or concurrent or joint resolution shall deliver it to the office of the Secretary, and the Secretary shall promptly deliver all the bills, memorials or concurrent or joint resolutions to the President who shall present them to the Senate. 3.5 During the period between the last day of the session in any odd-numbered year and the first day of the session in the following year, a bill filed with the Secretary for introduction must be given a file number and may be unofficially referred by the President, with the approval of the Chair of the Committee on Rules and Administration, to an appropriate standing committee of the Senate. All bills filed for introduction during this period must be presented to the Senate when it reconvenes and must be referred to the standing committees previously indicated by the President, subject to objection to the referral under Rule 4.9.4 4. BILL REFERRAL 4.1 The President shall refer each bill without motion to the proper standing committee unless otherwise referred by the Senate. 4.2 A bill or resolution may not be referred to committee or amended until it has been given its first reading. 4.3 A member may not object to a bill or resolution on its introduction. 4.4 All bills appropriating money, or obligating the state to pay or expend money, or establishing a policy which to be effective will require expenditure of money, when referred to and reported by any other than the Committee on Finance, must be referred before passage to the Committee on Finance. 4.5 All bills delegating rulemaking to a department or agency of state government and all bills exempting a department or agency of state government from rulemaking, when referred to and reported by any other than the Committee on State and Local Government Operations, must be referred before passage to the Committee on State and Local Government Operations. 4.6 All bills creating a new commission, council, task force, board, or other body to which a member of the legislature will be appointed must be referred before passage both to the Committee on State and Local Government Operations and to the Committee on Rules and Administration. 4.7 All bills authorizing or increasing a sentence of imprisonment to a state correctional institution must be referred before passage to the Committee on Crime Prevention. 4.8 A bill introduced by a committee need not be referred to a standing committee unless a question arises. It must lie over one day before being given its second reading. 4.9 A member may question the reference of a bill during the order of business of first reading on the day of introduction. When a member questions the reference of a bill, the bill must be referred without debate to the Committee on Rules and Administration to report the proper reference. Upon adoption of the report of the Committee on Rules and Administration, the bill must be referred accordingly. 5. RECALL FROM COMMITTEE 5.1 With the concurrence of the chief author of the bill, before the deadline for committee action on a bill, a majority of the whole Senate may recall the bill from a committee and re-refer it to any other committee or place it on General Orders. After the committee deadline for action on a bill, 41 affirmative votes of the whole Senate may recall the bill from any committee and re-refer it to any other committee or place it on General Orders. 5.2 By a report of the Committee on Rules and Administration adopted by the Senate, the Committee on Rules and Administration, on request of the chief author, may remove a bill from committee and re-refer it to any other committee or place it on General Orders. 6. RESOLUTIONS 6.1 Memorial resolutions addressed to the President or the Congress of the United States, or a house or member of Congress, or a department or officer of the United States, or a state or foreign government, joint resolutions, and resolutions requiring the signature of the Governor must follow the same procedure as bills before being adopted. 6.2 A resolution may not be changed to a bill, and a bill may not be changed to a resolution. 6.3 When a member gives notice of intent to debate a resolution not required to follow the same procedure as bills and not offered by the Committee on Rules and Administration, the resolution must lie over one calendar day without debate or other action. 6.4 Upon the request of a member, the resolution must be referred to the proper committee. If a question arises concerning the proper reference the procedure provided by Rule 4.9 applies. 7. BUDGET RESOLUTION 7.1 The Committees on Taxes and on Finance must hold hearings as necessary to determine state revenues and appropriations for the fiscal biennium. 7.2 Within 30 days after the last state general fund revenue and expenditure forecast for the next fiscal biennium becomes available during the regular session in the odd-numbered year, and after receiving from the Committee on Taxes a resolution containing its recommendation on the maximum limit on revenues and an amount to be set aside as a budget reserve and a cash flow account, the Committee on Finance must adopt and report to the Senate a budget resolution, in the form of a Senate resolution. The budget resolution must set: (1) the maximum limit on revenues and net appropriations for the next fiscal biennium for the general fund; and (2) an amount or amounts to be set aside as a budget reserve and a cash flow account. The budget resolution must not specify, limit, or prescribe revenues or appropriations by any category other than those specified in clauses (1) and (2). If the Committee on Finance recommends a maximum limit on revenues or an amount for the budget reserve or cash flow account that differs from the amount recommended by the Committee on Taxes, the recommendation of the Committee on Finance must be referred to the Committee on Rules and Administration before it may be considered by the Senate. 7.3 After the Senate adopts the budget resolution, the limits in the resolution are effective during the regular session in the year in which the resolution is adopted, unless the Senate, acting upon a subsequent report of the Committee on Taxes as to revenues or of the Committee on Finance as to appropriations, adopts a different limit or limits for the same fiscal biennium. During the regular session in the even-numbered year, before the Committee on Finance reports a bill containing net appropriations in excess of the general fund appropriations in the current fiscal biennium estimated by the most recent state budget forecast, the Committee must adopt a budget resolution that accounts for the net appropriations. After the Committee adopts the budget resolution, it is effective during the regular session that year, unless the Committee adopts a different or amended resolution. 7.4 Within 14 days after the Senate or the Committee on Finance adopts a budget resolution, the Committee must adopt, by resolution, limits for each major appropriation bill identified in this Rule. After the Committee adopts the resolution, the limits in the resolution are effective during the regular session in the year in which the resolution is adopted, unless the Committee subsequently adopts different or amended limits for the same fiscal biennium. If
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Chapter One Federal Government - Minnesota State Legislature

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