Chapter 6
Resolutions and Motions
- Uses of Resolutions
- Title
- Preamble
- Resolving Clauses
- Types of Resolutions
- Simple Resolutions
- Concurrent Resolutions
- Memorial Resolutions
- Motions
- Examples
Resolutions are vehicles by which the legislature can express policy or
conduct internal legislative business. Unlike the expression of policy in
a bill, resolutions do not result in law, but express policy in a
nonbinding way.
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The title of a resolution usually consists only of the first two of the
six title elements for bill titles. These are the opening phrase and the
subject. Occasionally the title also contains the objects of the
resolution. It does not contain a list of sections amended or repealed.
The opening phrase is:
"A senate resolution"
"A house resolution"
"A senate concurrent resolution"
"A house concurrent resolution" or
"A resolution"
The subject is a succinct statement of the resolving portion of the
resolution.
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A preamble states the reason, purpose, or policy of a resolution. It is
the one area of resolutions where the drafting is more elaborate and
extensive than for bills. The preamble of a resolution may often be longer
and more elaborate than the resolving portion of the resolution.
Typically, a preamble consists of several clauses indented as separate
paragraphs. Each clause begins with the word "WHEREAS." Each clause,
except the last clause, ends with a semicolon and the word "and." For
instance, "... throughout the union; and." The last clause of a preamble
must end with a semicolon and the words "NOW, THEREFORE," in full capital
letters, followed by a comma. For example: "... that citizens not so
disadvantaged possess; NOW, THEREFORE,". The first period in the text is
after the first resolving clause.
The substance of the preamble clauses varies with the substance of the
resolution. The drafter may turn to the examples at the end of this chapter
for assistance in finding possible language for a resolution.
The most difficult work in drafting effective resolutions is usually
finding sufficient information to allow the drafting of preamble clauses.
For example, if a drafter is asked to draft a congratulatory resolution for Bill Jones and is only told that "Bill Jones has been a teacher for 50 years," it is impossible to draft a suitable resolution to commend someone with that little information. The drafter should get answers to such questions as where did he teach? what subjects did he teach? did he receive any special honors? did he have any now distinguished students? did he regularly assist the students in extracurricular programs? was he known for any special or unusual teaching methods? and similar information.
Capitalization is used in resolutions more freely than in bills for
emphasis and visual effect.
The preamble should be omitted for resolutions relating solely to the
internal business of either or both houses of the legislature. It is
surplusage for business purposes. However, most resolutions relate to
congratulatory or other matters for which the formality of a preamble is
appropriate.
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The constitutional enacting clause must not be used for resolutions. A
resolving clause must be used. The exact wording of the first resolving
clause varies with the type of resolution. For simple resolutions, it is:
"BE IT RESOLVED by the Senate [or House of Representatives] of the State of
Minnesota:". For concurrent resolutions, it is: "BE IT RESOLVED by the
House of Representatives [or Senate] of the State of Minnesota, the Senate
[or House of Representatives] concurring:". For memorial resolutions in
both the Senate and House of Representatives, it reads: "BE IT RESOLVED by
the Legislature of the State of Minnesota:".
Second or subsequent resolving clauses each begin "BE IT FURTHER
RESOLVED...."
The subject provisions of a resolution, unlike a bill, are often
rudimentary. It may only be to direct or authorize an action by an officer
of the House or to extend congratulations or sympathy to someone. For
examples of the more common types, see the examples at
the conclusion of this chapter.
Each "thought" or logical grouping of ideas for the resolution must
usually be stated in a separate paragraph of one or more sentences
beginning with the initial, or, when appropriate, secondary resolving
clause. The decision on whether to divide the resolving portion of the
resolution into two or several resolving paragraphs is made in the same way
as the decision to begin a new paragraph in ordinary writing. The only
difference is that each paragraph begins with a primary or secondary
resolving clause. An exception to this rule is that if the resolution deals
with the internal business of either or both houses, then each subject
provision is a separate paragraph after the initial resolving clause.
Secondary resolving clauses should not be used.
Congratulatory resolutions should contain a provision requiring the
secretary of the Senate or chief clerk of the House to transmit an enrolled
copy of the resolution to the person or institution that is the subject of
the resolution. The enrollment is authenticated by the chief legislative
and administrative officer in each body. Under House Rules 7.01 and 7.04
they are the speaker and chief clerk. Under Senate Rules 55 and 65 they are
the president and the secretary. See examples of
transmittal clauses in section 10 of this chapter.
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There are three distinct types of resolutions: simple resolutions,
concurrent resolutions, and memorial resolutions. The boundaries of the
uses of the various types are somewhat indistinct. However, there are
several indicia of which kind should be used.
The source of the key distinction is article IV, section 24 of the
Minnesota Constitution. It provides: "Each order, resolution, or vote
requiring the concurrence of the two houses except such as relate to the
business or adjournment of the legislature shall be presented to the
governor and is subject to his veto as prescribed in case of a bill."
Memorial resolutions are used for matters that do not relate to the
business or adjournment of the legislature and so must be presented to the
governor. For that reason the rules of each house require that the
processing of a memorial resolution be the same as for bills. A memorial
resolution must be passed by both houses and presented to the governor.
Occasionally the governor prefers not to sign a memorial resolution and
leaves the appropriate signature line blank or even has it removed. The
most momentous use for a memorial resolution is to ratify a federal
constitutional amendment or propose a federal constitutional convention.
Federal law does not require the governor to concur in those actions.
Senate Rule 53 provides:
"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 shall follow the
same procedure as bills before being adopted....."
House Rule 5.02 provides:
"..... A statement of facts being forwarded for action to a government
official, agency, or body or other similar proposal is a memorial and shall
be introduced in the same form as a bill and take the same course as a
bill. No resolution shall authorize the expenditure of monies from any
source other than the legislative expense fund."
Concurrent resolutions should be reserved for matters that relate to the
business or adjournment of the legislature and so do not require the
governor's assent.
The Minnesota Supreme Court has acknowledged that the legislature's
administrative matters are not submitted to the governor. Duxbury v.
Donovan, 272 Minn. 424, 138 N.W.2d 692 (1965). Nor do matters outside
the lawmaking function have to be submitted. Gardner v. Holm, 241
Minn. 125, 62 N.W.2d 52 (1954). The legislature may, by law, reserve
approval of its administrative activities to itself. Gardner v.
Holm, supra.
Some resolutions that need not have been presented to the governor have,
in fact, been presented, and the governor has indicated approval of them.
The presentation has been by special arrangement and has given the governor
an opportunity, for example, to join in ratifying an amendment to the
United States Constitution or in congratulations. Approval or disapproval
of the resolution by the governor has no legal effect.
A simple resolution, passed by one house only, neither requires nor
receives the approval of the other house. It is never sent to the governor
for approval or veto.
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A simple resolution is proposed by a senator or representative and
considered only by the member's house. The rules of procedure are relaxed.
For instance, in the Senate there is usually no referral to a committee and
a vote on the resolution is held without debate unless a member requests
debate (Senate Rule 53). Record votes are not constitutionally required for
passage and there usually are none.
The following are the usual occasions for the use of a simple
resolution:
- A matter pertaining to the internal operation of either the House or
the Senate. For example: employment of personnel, payment of expenses, or
mileage.
- Offering congratulations to or commending an individual, institution,
or school for an honor or winning a competitive event.
- Proclaiming a special observance day.
- Commemorating the life and work of a person.
See examples of each in section 10 of this chapter.
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A concurrent resolution is proposed by a senator or representative and
is considered by both houses. Like a simple resolution, the procedure it
follows in the Senate and House is less elaborate than the procedure for a
bill.
The following are the usual occasions for the use of a concurrent
resolution:
- A matter pertaining to the joint operation of the two houses. For
example: the scheduling of a joint session, the setting of adjournment, or
authorizing adjournment for more than three days.
- Authorizing the establishment of a special joint study committee on a
specific topic.
- Proclaiming a special observance day.
Concurrent resolutions must not be used for the purposes for which the
memorial resolution is used. Because of the easier process for concurrent
resolutions, legislators sometimes request that memorial resolution matter
be put in concurrent resolution form. These attempts are usually rejected by the chair.
See examples of concurrent resolutions.
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A memorial resolution is introduced by a senator or representative and
considered by both houses. The process of consideration is the same as for
a bill. However, it is not a bill, and nothing adopted by resolution is a
law.
A memorial resolution is used in three usual situations:
- A formal petition or remonstrance to the President, Congress, a
national officer, a sister state, or a foreign government requesting
either to take certain action or to refrain from taking certain action.
- A request to Congress, pursuant to article V of the United States
Constitution, that a constitutional convention be held to propose
amendments to the United States Constitution.
- The ratification of an amendment to the United States Constitution that
has been proposed by Congress.
Resolutions are not used to propose amendments to the Minnesota
Constitution. Instead, a bill is used. The use of a bill to propose
amendments to the Minnesota Constitution is discussed and examples are
provided in chapter 4.
See examples of memorial resolutions.
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A motion is a proposal by a member of a deliberative body that the body
take certain action. For example, a member may move that a report be
adopted, an amendment be adopted, a bill be given its third reading, and
many other possibilities. Motions to amend a bill or resolution are covered
in the chapter on amendments. Most other motions are oral. Since it is the
intent of this manual to detail drafting method and not parliamentary
procedure, the many oral motions are not discussed here.
The basic form of a written motion is simple. In the Senate it would be
"Mr. Jones moves that...." In the House it would be "Jones moves that...."
The remainder would be a statement of what is moved using precise terms and
an economical number of words.
The rules of the House of Representatives are adopted by a motion from
the floor. Because of their length, they must be written out. It is
customary that the motion be to adopt the rules of the house at the last
session with certain exceptions. The exceptions are then shown by striking
and underlining.
This same format should be used on any motion to amend the rules. See
example.
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- Simple Resolutions
- Internal operation of the Senate
- Internal operation of the House (1),
(2), (3), (4)
- Congratulations to an athletic team
- Athletic honor naming team members
- Congratulations for a personal honor
- Proclaiming a special observance day
- Expression of condolence
- Eulogizing a person's life (1), (2)
- Presentation Resolutions (simple resolutions in presentation format)
- Congratulations to students
- Concurrent Resolutions
- Establishing a study commission
- Joint operation of House and Senate
- Joint convention of both houses
- Adjournment of legislature
- Memorial Resolutions
- Memorializing the President and Congress to take
certain action
- Applying for a constitutional convention
- Requesting Congress to propose an amendment to the
Constitution
- Ratifying an amendment to the United States Constitution
- Joint Resolution (Eulogizing a person's life)
- Motion (House form)
EXAMPLE - SIMPLE RESOLUTION (Internal operation of the Senate)
1 A senate resolution
2 relating to the adoption of temporary rules.
3 BE IT RESOLVED by the Senate:
4 The Permanent Rules of the Senate for the .... session of
5 the Legislature are adopted as the temporary rules of the ....
6 session, to be effective until the adoption of Permanent Rules by
7 a majority vote of the Senate, subject to the following
8 conditions:
9 Any resolution or other question before the Senate may be
10 brought to a vote at any time by a majority vote of the members
11 present. A bill may not be introduced on the first day.
12 The rules referred to above are amended as follows:
13 HOUR OF CONVENING
14 2. The Senate shall convene on days of meeting at 10 a.m.
15 unless the Senate directs otherwise.
16 ..................
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Note the absence of preamble clauses in this resolution. They may be
omitted when the resolution does not require an explanation.
EXAMPLE - SIMPLE RESOLUTION (Internal operation of the House)
1 A house resolution
2 providing payment of salary to the spouse of a deceased
3 member of the legislature.
4 WHEREAS, Representative .......... died while a member of
5 the House of Representatives of the State of Minnesota and it is
6 necessary that her business with the House and constituents be
7 concluded; and
8 WHEREAS, her spouse desires to direct the conclusion of her
9 business; NOW, THEREFORE,
10 BE IT RESOLVED by the House of Representatives of the State of
11 Minnesota that compensation in an amount equal to the
12 compensation that would have been paid to former Representative
13 .......... be paid to her spouse for the services of concluding
14 her business with the House and for her constituents.
15 BE IT FURTHER RESOLVED that the Chief Clerk of the House of
16 Representatives shall furnish clerical assistance to Mr.
17 .......... as necessary to properly conclude Representative
18 ..........'s business with the House of Representatives.
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EXAMPLE - SIMPLE RESOLUTION (Internal operation of the House)
1 A house resolution
2 relating to the payment of living expenses and mileage
3 for members of the House of Representatives.
4 WHEREAS, Minnesota Statutes 1992, section 3.099, authorizes
5 the payment of mileage and living expenses f members of the
6 House of Representatives in the amount and for the purposes
7 approved by the House of Representatives; NOW, THEREFORE,
8 BE IT RESOLVED by the House of Representatives of the State
9 of Minnesota:
10 (1) The Chief Clerk of the House of Representatives shall
11 issue warrants in payment of living expenses and mileage to each
12 member of the House for each calendar day of the ..th legislature
13 after .........., 19... Payments must be made from the
14 legislative expense fund.
15 (2) The per diem living expenses for each member of the
16 House who has moved from the member's usual place of lodging
17 during a substantial part of the ..th legislature must be
18 calculated at the rate of $.. per day.
19 (3) The per diem living expenses for each member of the
20 House who has not moved from the member's usual place of lodging
21 during a substantial part of the ..th legislature must be
22 calculated at the rate of $.. per day.
23 (4) Members of the House who are eligible to be paid the per
24 diem of $.. must, in addition, be reimbursed for travel to the
25 State Capitol from their homes at the rate of .. cents per mile,
26 or a greater rate authorized by the Commissioner of Employee
27 Relations fr state employees. The reimbursement must not exceed
28 two round trips per session week of the ..th legislature.
29 (5) Each member of the House shall certify in writing to the
30 Chief Clerk, before the issuance of the first of the warrants for
31 living expenses, whether the member has moved from the member's
32 usual place of lodging.
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While this is clearly internal business, a preamble is used to cite the
authority for the action taken in the resolution.
EXAMPLE - SIMPLE RESOLUTION (Internal operation of the House)
1 A house resolution
2 relating to compensating members of the House of
3 Representatives and members-elect who attended freshman
4 orientation.
5 BE IT RESOLVED by the House of Representatives of the State
6 of Minnesota that those members of the House of Representatives
7 and members-elect who attended the freshman orientation programs
8 held in preparation for the ..th legislature be reimbursed in the
9 same manner and amount as reimbursement is made to members who
10 attend interim meetings of legislative committees.
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EXAMPLE - SIMPLE RESOLUTION (Internal operation of the House)
1 A house resolution
2 relating to the election of .......... to the House of
3 Representatives.
4 BE IT RESOLVED by the House of Representatives of the State of
5 Minnesota:
6 (1) .......... was not legally elected and is not entitled
7 to retain his seat as a representative of the ..... Legislative
8 District, .......... County, in the state House of
9 Representatives, because he violated Minnesota Statutes, section
10 210A.04, and this violation was deliberate, serious, and
11 material.
12 (2) House seat .... is vacant and that vacancy is certified
13 to his excellency, the Governor of the State of Minnesota, so
14 that he may issue a writ of election, as provided by law, to fill
15 the vacancy.
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EXAMPLE - SIMPLE RESOLUTION (Congratulations to an athletic team)
1 A senate resolution
2 congratulating the .......... ..... Basketball Team from
3 .......... High School for winning the 19.. State High
4 School Class AA ..... Basketball Tournament.
5 WHEREAS, high school athletic championships are highly
6 sought honors and the achievements they represent are worthy of
7 respect and recognition; and
8 WHEREAS, athletic competition teaches the principles of
9 cooperation, self-control, and fair play; and
10 WHEREAS, the .......... High School .......... team
11 participated in the State High School Class AA ..... Basketball
12 Tournament on ..... .. and .., 19..; and
13 WHEREAS, the .......... gave an outstanding and determined
14 effort to win the final game of the tournament over ..........
15 High School; and
16 WHEREAS, the .......... are the 19.. State High School Class
17 AA ..... Basketball champions and have a commendable ../.. win-
18 loss record; and
19 WHEREAS, .......... High School's players, coaches,
20 managers, cheerleaders, and fans have exhibited good
21 sportsmanship throughout the season; NOW, THEREFORE,
22 BE IT RESOLVED by the Senate of the State of Minnesota that
23 its congratulations are extended to the .......... High School
24 Basketball Team members and coach on their accomplishments,
25 skill, and efforts.
26 BE IT FURTHER RESOLVED that the Secretary of the Senate
27 is directed to prepare a copy of this resolution, to be
28 authenticated by his signature and that of the Chair of the
29 Senate Rules and Administration Committee, and transmit it to the
30 principal of .......... High School.
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Note that resolutions, especially congratulatory resolutions or
resolutions of condolence, use capitalization more freely than bills.
EXAMPLE - SIMPLE RESOLUTION (Athletic honor naming team members)
1 A house resolution
2 congratulating the .......... Hockey Team for winning
3 the 19.. State High School Tier I Hockey Tournament.
4 WHEREAS, ............................................
5 .........................; and
6 WHEREAS, ............................................
7 ..........................................; and
8 WHEREAS, .............................................
9 ...................; NOW, THEREFORE,
10 BE IT RESOLVED by the House of Representatives of the State of
11 Minnesota that the .......... High School Hockey Team is
12 congratulated for winning the 19.. State High School Tier I
13 Hockey championship and for the sportsmanship, skill, and desire
14 exemplified by the team, its coaches, and its fans. In
15 particular, congratulations are extended to team members:
16 .........................................................; coach
17 ..........; assistant coach ..........; and student managers
18 .......... and ...........
19 BE IT FURTHER RESOLVED that the Chief Clerk of the House of
20 Representatives is directed to prepare a copy of this resolution,
21 to be authenticated by his signature and that of the Speaker, and
22 transmit it to the principal of .......... High School.
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EXAMPLE - SIMPLE RESOLUTION (Congratulations for a personal honor)
1 A senate resolution
2 congratulating .......... for receiving the award of
3 being designated one of America's Ten Outstanding Young
4 Men for 19..
5 WHEREAS, .......... of ......., Minnesota, has invented and
6 developed numerous products for persons afflicted with cardiac
7 and renal problems; and
8 WHEREAS, his inventions have led to longer, safer, and more
9 productive lives for persons with cardiac and renal problems; and
10 simplified the work of physicians, nurses, and technicians; and
11 WHEREAS, the manufacture and distribution of the products
12 invented by .......... as well as the development of new products
13 have provided employment for many Minnesotans; and
14 WHEREAS, despite the heavy demands of work and community
15 activities, he maintains a strong family life including frequent
16 boating and fishing trips with his children; and
17 WHEREAS, in recognition of his life and work, .......... has
18 been selected as one of America's Ten Outstanding Young Men for
19 19.. by the United States Jaycees; NOW, THEREFORE,
20 BE IT RESOLVED by the Senate of the State of Minnesota that
21 .......... is congratulated for not only his award as one of
22 America's Ten Outstanding Young Men for 19.. from the United
23 States Jaycees, but also for his work and achievements.
24 BE IT FURTHER RESOLVED that the Secretary of the Senate is
25 directed to prepare a copy of this resolution, to be
26 authenticated by his signature and that of the Chair of the
27 Senate Rules and Administration Committee, and transmit it to
28 ...........
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EXAMPLE - SIMPLE RESOLUTION (Proclaiming a special observance day)
1 A house resolution
2 proclaiming Sunday, .... .. as ...... Day in the
3 State of Minnesota.
4 WHEREAS, the Congress of the United States, in an effort to
5 raise awareness of the present and future potential of .........
6 ............, has proclaimed Sunday, .... .. as .......... Day; and
7 WHEREAS, the policy of the State of Minnesota is consistent
8 with the goal of the Congress of the United States; NOW,
9 THEREFORE,
10 BE IT RESOLVED by the House of Representatives of the State
11 of Minnesota that Sunday, .... .. is proclaimed to be ..........
12 Day. All citizens and residents of Minnesota are encouraged to
13 participate and support all state and private agencies in
14 ............. Day activities.
15 BE IT FURTHER RESOLVED that the Chief Clerk of the House of
16 Representatives is directed to prepare a copy of this resolution,
17 to be authenticated by his signature and that of the Speaker, and
18 transmit it to ................
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EXAMPLE - SIMPLE RESOLUTION (Expression of condolence)
1 A house resolution
2 expressing condolences to the family of the late Senator
3 ...........
4 WHEREAS, the House of Representatives has been informed of
5 the death of the Honorable .........., Senator, District ..,
6 State of Minnesota; NOW, THEREFORE,
7 BE IT RESOLVED that the House of Representatives in session
8 assembled this .... day of ....., 19.., does by this resolution
9 express to the family of .......... its appreciation for his
10 leadership and dedication to the welfare of Minnesotans and
11 extends its heartfelt sympathy to them in their bereavement.
12 BE IT FURTHER RESOLVED that a committee of ten members of
13 the House shall be appointed to represent the House of
14 Representatives at the funeral of ...........
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EXAMPLE - SIMPLE RESOLUTION (Eulogizing a person's life)
1 A house resolution
2 eulogizing ........ and commemorating the exemplary
3 nature of his life and work.
4 WHEREAS, .......... was born on his father's farm in Havana
5 Township, Steele County, Minnesota, on August 6, 1891; and
6 WHEREAS, .......... attended the county schools in Steele
7 County, graduated from Owatonna High School in 1908, and with his
8 father and brother operated the family farm for many years; and
9 WHEREAS, .......... was elected to the House of
10 Representatives of the State of Minnesota and served there
11 continuously from 1935 until he chose not to stand for reelection
12 in 1968; and
13 WHEREAS, during his seventeen terms in the House of
14 Representatives he served eight terms on the tax committee
15 including one as its chair; five terms on the education committee
16 including two as its chair; nine terms on the education committee
17 administration committee including four as its chair; three terms
18 on the markets and marketing committee including one as its
19 chair; twelve terms on the insurance committee; seven terms as a
20 member of the highways committee; six terms as a member of the
21 rules committee; three terms as a member of the employee's
22 compensation committee; five terms as a member of the
23 appropriations committee; and for a single term at various times
24 of his career as a member of fourteen other committees; and
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EXAMPLE - SIMPLE RESOLUTION (Eulogizing a person's life, Cont.)
1 WHEREAS, from 1949 through 1953, ............ was elected to
2 and served as Speaker of the House of Representatives; and
3 WHEREAS, ........... was principally responsible for the 1967
4 tax reform bill which provided for the state sales tax; and
5 WHEREAS, he was the principal author of many other laws that
6 benefited the people of the State of Minnesota and of Steele
7 County; and
8 WHEREAS, after retirement from the Legislature, he continued
9 to work for the betterment of the people of the State of
10 Minnesota; and
11 WHEREAS, ............ died on April 5, 1984; NOW, THEREFORE,
12 BE IT RESOLVED by the House of Representatives of the State
13 of Minnesota that it commends to the people of the State of
14 Minnesota the record of ............ as a life, work, and spirit
15 worth emulation. It extends its condolences to his wife, ........,
16 to his son and daughter, to his godson, to his sister and two
17 brothers, and to all the people of Steele County who knew him.
18 BE IT FURTHER RESOLVED that the Chief Clerk of the House of
19 Representatives is directed to prepare a copy of this resolution,
20 to be authenticated by his signature and that of the Speaker, and
21 transmit it to ..............
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EXAMPLE - PRESENTATION RESOLUTION (Congratulations to students)
1 A house resolution
2 congratulating the ..... grade students of ..........
3 Elementary School for participating in the Drug Abuse
4 Resistance Education Program.
5 WHEREAS, the ..... grade students of .......... Elementary
6 School have participated in the Drug Abuse Resistance Education
7 program (DARE) for the required period; and
8 WHEREAS, their instructor was DARE Officer .......... of the
9 .......... Police/Sheriff's Department; and
10 WHEREAS, the instruction covered many areas, such as self-
11 esteem, peer pressure, and assertiveness; and
12 WHEREAS, the students learned eight different tactics to say
13 "no" if offered drugs; and
14 WHEREAS, each student wrote an essay and completed a
15 workbook; and
16 WHEREAS, on the day of DARE graduation ceremonies,
17 .......... .., 19.., each student will be making a commitment to
18 remain drug-free; NOW, THEREFORE,
19 BE IT RESOLVED by the Committee on Rules and Legislative
20 Administration of the House of Representatives of the State of
21 Minnesota that it congratulates the ..... grade students of
22 .......... Elementary School for participating in the Drug Abuse
23 Resistance Education program.
24 Dated: .......... .., 19..
25 Henry Clay, Speaker
26 Minnesota House of Representatives
27 Daniel Webster, Chair
28 Rules and Legislative Administration
29 ...............
30 State Representative
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EXAMPLE - CONCURRENT RESOLUTION (Establishing a study commission)
1 A senate concurrent resolution
2 establishing a commission on .......... .
3 WHEREAS, the Legislature is concerned about ......
4 .......................................; NOW, THEREFORE,
5 BE IT RESOLVED by the Senate of the State of Minnesota, the
6 House of Representatives concurring therein:
8 (1) A commission on .......... is established. The
9 commission shall be composed of ........................
10 .................................................................
11 The members shall be appointed by .......... .
12 (2) The commission report to the Legislature on its first
13 day in session in 19.. recommendations on:
14 (a) ..........
15 (b) ..........
16 (c) ..........
17 (d) ..........
18 (e) ..........
19 (3) The expenses of the commission shall be divided equally
20 between the Senate and the House of Representatives and paid from
21 the Legislative expense funds of the Senate and House of
22 Representatives following approval of a budget for that purpose by
23 the Committee on Rules and Administration of the Senate and
24 the Committee on Rules and Legislative Administration of the
25 House of Representatives.
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Note the simplified form used in this draft. Different provisions are
divided into separate paragraphs and each paragraph is numbered. "BE IT
FURTHER RESOLVED" is unnecessary. The preamble gives direction to the study
committee.
EXAMPLE - CONCURRENT RESOLUTION (Joint operation of House and Senate)
1 A senate concurrent resolution
2 relating to the adoption of temporary joint rules.
3 BE IT RESOLVED by the Senate of the State of Minnesota, the
4 House of Representatives concurring, that:
5 The Joint Rules of the Senate and the House of
6 Representatives for the .... session are adopted as the temporary
7 joint rules of the .... session, to be effective until the
8 adoption of Permanent Joint Rules by the Senate and the House of
9 Representatives.
10 The rules referred to above are amended as follows:
11 ............................ .
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EXAMPLE - CONCURRENT RESOLUTION (Joint convention of both houses)
1 A house concurrent resolution
2 providing for a joint convention of the Senate and the
3 House of Representatives to elect members of the Board
4 of Regents of the University of Minnesota.
5 BE IT RESOLVED by the House of Representatives, the Senate
6 concurring:
7 (1) The House of Representatives and the Senate shall meet
8 in joint convention on ............., .... at ............ in the
9 chamber of the House of Representatives to elect members to the
10 Board of Regents of the University of Minnesota.
11 (2) The Education Committee of the Senate and the Higher
12 Education Committee of the House of Representatives in a joint
13 meeting shall prepare nominations and report them at the meeting
14 of the joint convention.
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EXAMPLE - CONCURRENT RESOLUTION (Adjournment of Legislature)
1 A house concurrent resolution
2 relating to adjournment until 1996.
3 BE IT RESOLVED by the House of Representatives, the Senate
4 concurring:
5 (1) Upon its adjournment .......... .., 1995, the House of
6 Representatives may set its next day of meeting for ..........
7 .., 1996, at 12:00 noon, and the Senate may set its next day of
8 meeting for .......... .., 1996, at 12:00 noon.
9 (2) By the adoption of this resolution, each house consents
10 to adjournment of the other house for more than three days.
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EXAMPLE - MEMORIAL RESOLUTION (Memorializing the President and Congress to take certain action)
1 A resolution
2 memorializing the President and Congress to .........
3 ............................. ..
4 WHEREAS, the United States .................
5 ..........................................................
6 ..........................; and
7 WHEREAS, the several states have ...................
8 .......................................................
9 ..........................; and
10 WHEREAS, these requirements impede ..................
11 .............................................; and
12 WHEREAS, it would be of great value to ............
13 .....................................; NOW, THEREFORE,
14 BE IT RESOLVED by the Legislature of the State of Minnesota
15 that Congress should speedily enact legislation to .........
16 ........................................................
17 ..............................................
18 BE IT FURTHER RESOLVED that the Secretary of State of the
19 State of Minnesota is directed to prepare copies of this memorial
20 and transmit them to {..........} {the President of the United
21 States,} {the President and Secretary of the Senate, the Speaker
22 and Clerk of the House of Representatives,} {the chair of the
23 Senate Committee on .........., the chair of the House Committee
24 on ..........} {and Minnesota's Senators and Representatives in
25 Congress.}
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EXAMPLE - MEMORIAL RESOLUTION (Applying for a constitutional convention)
1 A resolution
2 memorializing Congress; applying for a constitutional
3 convention to propose an amendment to the Constitution to
4 provide that ...............
5 WHEREAS, the people of Minnesota as represented by their
6 Legislature find that ...............; and
7 WHEREAS, the United States .......................
8 ........................................................; and
9 WHEREAS, under Article V of the Constitution of the United
10 States, upon the application of the legislatures of two-thirds of
11 the several states, the Congress shall call a constitutional
12 convention for the purpose of proposing amendments to the
13 Constitution; NOW THEREFORE,
14 BE IT RESOLVED by the Legislature of the State of Minnesota
15 that it applies to the Congress of the United States for a
16 constitutional convention for the purpose of proposing an
17 amendment to the Constitution of the United States that provides
18 that ........................
19 BE IT FURTHER RESOLVED that the Secretary of State of
20 Minnesota shall transmit copies of this memorial to the Speaker
21 and the Clerk of the United States House of Representatives, the
22 President and the Secretary of the United States Senate, the
23 United States Secretary of State, the presiding officers of both
24 houses of the legislatures of each of the other states of the
25 Union, and to Minnesota's Senators and Representatives in
26 Congress.
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EXAMPLE - MEMORIAL RESOLUTION (Requesting Congress to propose an amendment to the Constitution)
1 A resolution
2 memorializing Congress to propose an amendment to the
3 United States Constitution to ........................
4 .......................................................
5 ............. .
6 WHEREAS, ........................................
7 ........................................................; and
8 WHEREAS, ................................................; and
9 WHEREAS, under Article V of the Constitution of the United
10 States, amendments to the United States Constitution may be
11 proposed by the Congress whenever two-thirds of both houses deem
12 it necessary; NOW, THEREFORE,
13 BE IT RESOLVED by the Legislature of the State of Minnesota
14 that it proposes to the Congress of the United States that
15 procedures be instituted in the Congress to add a new Article to
16 the Constitution of the United States, and that the Legislature
17 of the State of Minnesota requests the Congress to prepare and
18 submit to the several states an amendment to the Constitution of
19 the United States requiring .............................
20 ...................................................... .
21 BE IT FURTHER RESOLVED that the legislatures of each of the
22 several states comprising the United States apply to the Congress
23 requesting the enactment of an appropriate amendment to the
24 United States Constitution.
25 BE IT FURTHER RESOLVED that the Secretary of State of
26 Minnesota shall transmit copies of this memorial to the Speaker
27 and the Clerk of the United States House of Representatives, the
28 President and the Secretary of the United States Senate, the
29 presiding officers of both houses of the legislature of each of
30 the other states of the Union, and to Minnesota's Senators and
31 Representatives in Congress.
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EXAMPLE - MEMORIAL RESOLUTION (Ratifying an amendment to the United States Constitution)
1 A resolution
2 memorializing Congress of ratification of a proposed
3 amendment to the Constitution of the United States of
4 America relating to ............................
5 ..................................................
6 WHEREAS, both houses of the Congress of the United States
7 proposed an amendment to the Constitution of the United States
8 that reads as follows:
9 "ARTICLE ....
10 Section 1.........
11 ..................................................
12 ....................................
13 Sec. 2. ................... .............................
14 .............................. ..........................
15 Sec. 3. Congress may enforce, by appropriate legislation,
16 the provisions of this article"; and
17 WHEREAS, Article V of the Constitution of the United States
18 provides that amendments to the Constitution proposed by Congress
19 becomes effective "when ratified by the legislatures of three-
20 fourths of the several states"; NOW, THEREFORE,
21 BE IT RESOLVED by the Legislature of the State of Minnesota
22 that the proposed amendment to the Constitution of the United
23 States is ratified by the Legislature of the State of Minnesota.
24 BE IT FURTHER RESOLVED that the Secretary of State of the
25 State of Minnesota is directed to prepare copies of this memorial
26 and transmit them to the Administrator of the General Services
27 Administration.
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EXAMPLE - JOINT RESOLUTION (Eulogizing a person's life)
1 A joint resolution
2 eulogizing ............... for the exemplary nature of his
3 life and work.
4 WHEREAS, on the .... of .......... the Honorable .............
5 of .......... will achieve the venerable age of ..; and
6 WHEREAS, his long and vigorous life stands as a memorable
7 symbol of devoted and broad-visioned public service; and
8 WHEREAS, over a half century ago in ...., he was elected a
9 member of the House of Representatives of the State of Minnesota,
10 and .... years later was elected a member of the Senate of the
11 State of Minnesota; and
12 WHEREAS, failing health, though no weariness of spirit, now
13 prompts him to submit his resignation and step aside so that the
14 burdens of .............. responsibility may be carried on other
15 shoulders; NOW, THEREFORE
16 BE IT RESOLVED by the House of Representatives and the
17 Senate of the State of Minnesota in joint convention that they
18 record their admiration, gratitude, and respect for the manifold
19 contributions made to the welfare and the progress of the State
20 of Minnesota by the Honorable ...............
21 BE IT FURTHER RESOLVED that the Secretary of the joint
22 convention is directed to prepare a copy of this resolution, to
23 be authenticated by his signature and that of the President of
24 the joint convention, and that it be presented to the Honorable
25 ...............
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In the resolving clause note the reference to the Senate and House "in
joint convention." In the closing clause note the reference to the
"secretary of the joint convention." These are the only differences in
form from that of a simple resolution. Resolutions in joint convention are
not common.
EXAMPLE - MOTION (House form)
1 ............... moves that the Rules of the House of
2 Representatives for the ..th Legislature be the Rules of the ..th
3 Legislature, but amended as follows:
4 (1) Rule 4.10 is amended to read:
5 4.10 PRESENTATION OF PETITIONS. Any petition, memorial or
6 other paper formally presented to the House for its consideration
7 shall include the name of the member introducing it and a brief
8 description of its contents and shall be presented by the
9 Speaker, who shall state briefly its contents.
10 (2) Rule 5.1 is amended to read:
11 5.1 BILL FORM. No bill or resolution shall be introduced
12 voted upon until it has been examined and approved by the Revisor
13 of Statutes as to form and compliance with the Joint Rules of the
14 House and Senate and the Rules of the House. Approval of a bill
15 as to form shall be endorsed on the bill bill's cover by the
16 Revisor of Statutes.
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The Senate rules are usually adopted by resolution.
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