Chapter 8
Engrossing and Enrolling
- The Engrossing Process
- Origin and Action upon Documents by the Engrossing Process
- Motions in Committee
- Floor Amendments
- Conference Committee Reports
- Examination of an Engrossment
- Unengrossable Amendments
- Correction of Errors
- Identification of Engrossments
- Unofficial Engrossments
- The Enrolling Process
- Examples
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Engrossing is the process of incorporating into a bill the amendments
adopted by the House or Senate. Each drafter needs to understand engrossing
in order to understand the practical effects of amendments.
Engrossing is done at the direction and under the authority of the
secretary of the Senate and chief clerk of the House of Representatives.
Any problems in engrossments are referred to those officers for resolution.
Personnel engaged in engrossing are bound by the amendments adopted, and
anything more than minor adjustments by them may raise a question of
whether or not the purported text was agreed to by the legislature.
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Committees adopt proposed amendments to bills and report their
recommendations to the House or Senate floor on report forms furnished by
their legislative body. Committee amendments are made to the original bill
or to its most recent official engrossment, if there is one.
A motion in committee to amend a bill originating in the other house
frequently results in a request for an "unofficial engrossment" to see how
the proposed amendment will look if it is adopted. Such an engrossment and
any other amendments adopted will be incorporated in the committee report.
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The Committee of the Whole, which is the full membership of either the
House of Representatives or the Senate sitting as a committee, considers
and adopts amendments proposed by individual legislators. Floor amendments
are to the original or most recent engrossment of the bill, if there is
one. Most bills have been amended and engrossed by the time they are
debated on the floor of the House or Senate. In the course of the debate,
floor amendments may be proposed and voted upon. If a floor amendment is
adopted, the secretary or chief clerk marks the fact on the amendment.
These amendments are kept at the secretary's or chief clerk's desk until
the report of the Committee of the Whole is adopted. If the bill passes,
the adopted amendments are attached to the bill in the order in which they
were passed and sent to the revisor's office for engrossing. The floor
amendments are then integrated into the bill in the order they were adopted
on the floor. A bill originating in either house which is amended on the
floor of that house is not given a third reading by that house until it is
engrossed and reproduced as amended. A bill is only officially engrossed
for the house of origin although unofficial engrossments of amendments
adopted by the other house are frequently requested. See the examples on
pages 238 to 240 relating to the engrossing of floor amendments.
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The report of a conference committee may include an amendment to the
bill which compromises a disagreement on the bill between the two houses.
A conference committee works on a bill which has attached to it amendments
that are in controversy. Amendments in a conference committee report are
engrossed like other amendments.
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The engrossing process requires double-checking to ensure that:
- all directed changes to the bill in amendments are accomplished;
- all changes are accomplished where the amendments give no direction
but which are required by directed changes (such as internal cross-
reference changes and section renumbering);
- additional amendments are not necessary to fully accomplish any
amendment's intent; and
- no changes have been inadvertently incorporated in a bill that were
not directed or required by an amendment.
In order to ensure that this is correctly done, the revisor's staff uses
an extensive procedure of checking and rechecking by the supervisors,
drafting assistants, and attorneys.
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In engrossing floor amendments to a bill, the adopted amendments are
applied in the order they were adopted. For that reason a later amendment
must take into account previously adopted amendments. If it fails to do so
and two amendments are in conflict, the second amendment is unengrossable.
An amendment will be unengrossable if, for example, any of the following
occurs:
- the page number, line number, or locator words are wrong;
- words to be inserted are underlined or stricken when they should not be
or are not underlined or stricken when they should be;
- the amendment amends words any part of which were changed or deleted by
a previously adopted amendment. (Exception: an amendment which strikes
lines of text that have been already stricken or amended is engrossable);
- the amendment directs the insertion of text following a locator word,
line, or section which was deleted by a previously adopted amendment;
- the amendment is equivocal as to what text should be stricken or
deleted or as to where it should be inserted; or
- the amendment directs the amendment of the wrong engrossment of the
bill.
Individual amendments may be engrossable but the combined effect of two
or more of them may lead to unforeseen complications. The most typical
problem is created when two amendments direct the insertion of text at the
same point in a bill. Both amendments will be inserted. The result may be
that nonfunctional sentences or paragraphs are created.
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In the Senate, the secretary and engrossing secretary, in all proper
cases, may correct all mistakes in grammar or spelling and in numbering the
sections whether the errors occur in the original bill or are caused by
amendments to it.
In the House, minor clerical errors in any bill, memorial, or
resolution, such as errors in spelling or grammar, or the incorrect use of
one word for another or the incorrect numbering of references, whether
occurring in the original document or any amendment to it, are corrected
as a matter of course by the chief clerk.
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Bills may be amended several times at various stages of the legislative
process. At each stage all amendments adopted are made part of the bill.
Therefore, bills may be engrossed more than once. It is necessary to ensure
that a drafter is working from the most recent engrossment of the bill.
These are readily identified by the "1," "2," "3," etc., added to the file
number at the very top of the page and the words "FIRST ENGROSSMENT" or
whatever subsequent engrossment it happens to be, above the H.F. or S.F.
number on the bill cover.
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Any Senate file which has been amended on the floor of the House, except
at the time of final passage, and any Senate file which has been reported
to the House with amendments by a House standing committee, can be
unofficially engrossed and reprinted. Amendments to unofficial engrossments
of a Senate file may be offered by members on the floor of the House.
Similarly, the Senate unofficially engrosses Senate amendments to House
files and amends unofficial engrossments on the floor.
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After a bill has passed both houses in the same form, either as
introduced or as finally engrossed, the bill is ready to be enrolled.
All enrollment of bills is done at the direction and under the authority
of the secretary of the Senate and chief clerk of the House of
Representatives.
The words "A bill for an act" are removed from the master. A chapter
number is marked on the first page.
A preprinted signature page for the House or Senate is prepared, with
"H.F. No." or "S.F. No.," chapter number, and dates of passage inserted.
The bill is duplicated on special enrollment paper, the first page of
which is headed by the words "AN ACT" and a chapter number is assigned to
the act. In the case of a resolution, the words "A resolution" are not
removed.
Signatures of the presiding and chief administrative officers of each
house are obtained. After the governor's approval and signature, the bill
is delivered to the secretary of state's office for filing.
Any bill passed during the last three days of a session may be presented
to the governor during the three days following the day of final
adjournment and becomes law if the governor signs and deposits it in the
office of the secretary of state within 14 days after the adjournment of
the legislature. Any bill passed during the last three days of the session
which is not signed and deposited within 14 days after adjournment does not
become a law. Minn. Const., art. IV, sec. 23.
If the governor approves a bill, he or she notifies the house in which
it originated of that fact. If the governor vetoes a bill, it is returned
to the house in which it originated with a note of the governor's
objections.
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- House Committee Report on a Senate File
- Senate Committee Report on a Senate File
- Copy of Bill Sent to Revisor with the Committee Report
Attached
- Committee Report Amendments Engrossed
- Conference Committee Report
- Text before engrossing
- Text after engrossing
- Floor Amendment
- Bill before engrossing
- Bill after engrossing
- Veto Override, House File
- Veto Override, Senate File
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EXAMPLE - HOUSE COMMITTEE REPORT ON A SENATE FILE
1 ............ from the Committee on Commerce to which was
2 referred
3 S.F. No. 971: A bill for an act relating to insurance;
4 providing financial requirements for nonprofit health service
5 plan corporations; amending Minnesota Statutes 199., section
6 62C.09, subdivision 3.
7 Reports the same back with the recommendation that the bill
8 be amended as follows:
9 Page 1, line 17, strike "calendar" and insert "fiscal"
10 Page 1, line 18, delete "dental" and insert "medical"
11 Page 1, line 20, after "specified" insert "benefits" and
12 after "and" insert "limits for average"
13 Page 1, line 21, after "benefits" insert "of not greater
14 than $1,000 per year per insured"
15 And when so amended the bill do pass. Amendments adopted.
16 Report adopted.
17 ...............................
18 (Committee Chair)
19 ...............................
20 (Date of Committee recommendation)
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Note: House and Senate stamps would indicate that both houses have
passed this bill. This amendment is ready to be engrossed into the bill.
EXAMPLE - SENATE COMMITTEE REPORT ON A SENATE FILE
1 Mr. ......... from the Committee on Agriculture and Natural
2 Resources, to which was referred
3 S.F. No. 344: A bill for an act appropriating money to the
4 department of natural resources to install a box culvert under a
5 highway in Stearns county providing a waterway connection
6 between certain lakes to enable watercraft to cross from one lake
7 to the other.
8 Reports the same back with the recommendation that the bill be
9 amended as follows:
10 Page 1, lines 8 and 9, delete "the department of natural
11 resources" and insert "Stearns county"
12 Page 1, delete line 15
13 Amend the title as follows:
14 Page 1, line 2, delete "the department of natural
15 resources" and insert "Stearns county"
16 And when so amended the bill do pass. Amendments adopted.
17 Report adopted.
18 .................................
19 (Committee Chair)
20 .................................
21 (Date of Committee recommendation)
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Note: The senate has adopted this amendment. It will be engrossed and
returned to the senate for further action.
EXAMPLE - COPY OF BILL SENT TO REVISOR WITH THE COMMITTEE REPORT
ATTACHED
BILL BEFORE ENGROSSING. Note the page and line number and also the title
amendment in the report in the preceding example.
1 A bill for an act
2 appropriating money to the department of natural resources
3 to install a box culvert under a highway in Stearns county;
4 providing a waterway connection between certain lakes to
5 enable watercraft to cross from one lake to the other.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7 Section 1. [APPROPRIATION.]
8 $47,000 is appropriated from the general fund to the
9 department of natural resources to install a 12-foot by ten-foot
10 concrete box culvert, approximately 90 feet in length, under
11 Stearns county state-aid highway No. 71, providing a waterway
12 connection between Big Cedar Lake and Little Cedar Lake in
13 Stearns county that enables boats, pontoons, and recreational
14 watercraft up to ten feet in width, to cross between the lakes.
15 The sum is available until spent.
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EXAMPLE - COMMITTEE REPORT AMENDMENTS ENGROSSED
BILL AFTER ENGROSSING. Note new language inserted. Old amendatory
language was deleted, not stricken.
1 A bill for an act
2 appropriating money to Stearns county for the installation
3 of a box culvert under a highway in Stearns county,
4 providing a waterway connection between certain lakes to
5 enable watercraft to cross from one lake to the other.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7 Section 1. [APPROPRIATION.]
8 $47,000 is appropriated from the general fund to Stearns
9 county to install a 12-foot by ten-foot concrete box culvert,
10 approximately 90 feet in length under Stearns county state-aid
11 highway No. 71, providing a waterway connection between Big Cedar
12 Lake and Little Cedar Lake in Stearns county enabling boats,
13 pontoons, and recreational watercaft, up to ten feet in width, to
14 cross between the lakes.
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EXAMPLE - CONFERENCE COMMITTEE REPORT
1 CONFERENCE COMMITTEE REPORT ON S.F. NO. 49
2 A bill for an act
3 relating to business or agricultural loans; rate of
4 interest therein; amending Minnesota Statutes 199., section
5 334.011, subdivisions 1 and 4.
6 May 16, 199.
7 The Honorable ...............
8 President of the Senate
9
10 The Honorable ...............
11 Speaker of the House of Representatives
12
13 We, the undersigned conferees for S.F. No. 49, report that
14 we have agreed upon the items in dispute and recommend as
15 follows:
16 That the Senate concur in the House amendments and that S.F.
17 No. 49 the unofficial engrossment, be further amended as
18 follows:
19 Page 1, line 18, delete "four" and insert "4-1/2"
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1
2 We request adoption of this report and repassage of the bill.
3 House Conferees: (Signed)
4
5 ........................ .........................
6
7 ........................ .........................
8
9 ........................
10
11 Senate Conferees: (Signed)
12
13 ........................ .........................
14
15 ........................ .........................
16
17 ........................
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EXAMPLE - CONFERENCE COMMITTEE REPORT (Cont.)
TEXT BEFORE ENGROSSING
15 lender may in the case of loans for business or agricultural
16 purposes charge on any loan or discount made or upon any note,
17 bill or other evidence of debt interest at a rate of not more
18 than five four percent in excess of the discount rate on 90-day
19 commercial paper in effect at the Federal Reserve Bank in the
20 Federal Reserve District encompassing Minnesota.
21 For the purposes of this subdivision the term
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TEXT AFTER ENGROSSING. New language of the report has been inserted
in the proper place.
15 lender may in the case of loans for business or agricultural
16 purposes charge on any loan or discount made or upon any note,
17 bill or other evidence of debt interest at a rate of not more
18 than five 4-1/2 percent in excess of the discount rate on 90-day
19 commercial paper in effect at the Federal Reserve Bank in the
20 Federal Reserve District encompassing Minnesota.
21 For the purposes of this subdivision the term
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EXAMPLE - FLOOR AMENDMENT
1 ......... moves to amend H.F. No. 187 as follows:
2 Delete everything after the enacting clause and insert:
3 "Section 1. Minnesota Statutes 1996, section 128A.03,
4 subdivision 3, is amended to read:
5 Subd. 3. The councils shall expire and terms, compensation
6 and removal of members of the councils shall be as provided in
7 section 15.059. The councils shall expire on December 31, 1999.
8 Sec. 2. [EFFECTIVE DATE.]
9 Section 1 is effective the day following final enactment."
10 Amend the title as follows:
11 Page 1, line 3, after "councils" insert "; amending
12 Minnesota Statutes 1996, section 128A.03, subdivision 3"
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EXAMPLE - FLOOR AMENDMENT (Cont.)
Bill before engrossing the amendment in the preceding example.
1 A bill for an act
2 relating to education; braille and deaf schools;
3 providing for appointment of advisory councils;
4 proposing coding for new law in Minnesota Statutes,
5 chapter 123.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7 Section 1. [123.45] [ADVISORY COUNCILS; SPECIAL SCHOOLS.]
8 The governor shall appoint an advisory council for each
9 school for the visually or hearing impaired.
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Bill after engrossing.
1 A bill for an act
2 relating to education; braille and deaf schools;
3 providing for appointment of advisory councils; amending
4 Minnesota Statutes 199., section 128A.03, subdivision 3.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6 Section 1. Minnesota Statutes 199., section 128A.03,
7 subdivision 3, is amended to read:
8 Subd. 3. The councils shall expire and terms, compensation
9 and removal of members of the councils shall be as provided in
10 section 15.059. The councils shall expire on December 31, 199..
11 Sec. 2. [EFFECTIVE DATE.]
12 Section 1 is effective the day following final enactment.
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EXAMPLE - VETO OVERRIDE, HOUSE FILE
1 The attached bill, H.F. No. ...., passed the House of
2 Representatives and the Senate in conformity with the rules of
3 each house and the joint rules of the two houses and was
4 presented to the Governor on ..... .., 19... The Governor did
5 not sign it, but returned it with objections on ..... .., 19..,
6 to the House of Representatives. The objections were entered in
7 the journal of the House of Representatives. The House
8 proceeded to reconsider the bill. Upon reconsideration, it was
9 repassed on ..... .., 19.., by a vote of two-thirds or more of
10 the House of Representatives. The vote of the House of
11 Representatives was determined by yeas and nays and the names of
12 the persons voting for or against the bill were entered in the
13 journal of the House of Representatives. The bill, together with
14 the objections of the Governor, was then sent to the Senate.
15 .......................................
16 James M. Whistler
17 Speaker of the House of Representatives
18 ......................................
19 Frederick E. Church
20 Chief Clerk, House of Representatives
21 The attached bill, H.F. No. ...., having passed the House of
22 Representatives notwithstanding the veto of the Governor, was
23 received by the Senate on ..... .., 19... It was reconsidered
24 and repassed by a vote of two-thirds or more of the Senate on
25 ..... .., 19... The vote of the Senate was determined by yeas
26 and nays and the names of the persons voting for or against the
27 bill were entered in the journal of the Senate. The House of
28 Representatives was then advised of the action of the Senate.
29 .......................................
30 George Bellows
31 President of the Senate
32 .......................................
33 John S. Sargent
34 Secretary of the Senate
35 The attached bill, H.F. No. ...., having passed the House of
36 Representatives and the Senate notwithstanding the objections of
37 the Governor, has become law. It is transmitted to the Secretary
38 of State of the State of Minnesota to be deposited as a law of
39 the State of Minnesota, the Governor's veto to the contrary
40 notwithstanding.
41 Dated this .... day of ....., in the year of Our Lord one
42 thousand nine hundred and ............
43 .......................................
44 James M. Whistler
45 Speaker of the House of Representatives
46 .......................................
47 George Bellows
48 President of the Senate
49 .......................................
50 Frederick E. Church
51 Chief Clerk, House of Representatives
52 .......................................
53 John S. Sargent
54 Secretary of the Senate
55
56 Filed
57 .......................................
58 Mary Cassatt
59 Secretary of State
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EXAMPLE - VETO OVERRIDE, SENATE FILE
1 The attached bill, S.F. No. ...., passed the Senate and the
2 House of Representatives in conformity with the rules of each
3 house and the joint rules of the two houses and was presented to
4 the Governor on ..... .., 19... The Governor did not sign it,
5 but returned it with objections on ..... .., 19.., to the Senate.
6 The objections were entered in the journal of the Senate. The
7 Senate proceeded to reconsider the bill. Upon reconsideration,
8 it was repassed on ..... .., 19.., by a vote of two-thirds or
9 more of the Senate. The vote of the Senate was determined by
10 yeas and nays and the names of the persons voting for or against
11 the bill were entered in the journal of the Senate. The bill,
12 together with the objections of the Governor, was then sent to
13 the House of Representatives.
14 .......................................
15 George Bellows
16 President of the Senate
17 ......................................
18 John S. Sargent
19 Secretary of the Senate
20 The attached bill, S.F. No. ...., having passed the Senate
21 notwithstanding the veto of the Governor, was received by the
22 House of Representatives on ..... .., 19... It was reconsidered
23 and repassed by a vote of two-thirds or more of the House of
24 Representatives on ..... .., 19... The vote of the House of
25 Representatives was determined by yeas and nays and the names of
26 the persons voting for or against the bill were entered in the
27 journal of the House of Representatives. The Senate was then
28 advised of the action of the House of Representatives.
29 ......................................
30 James M. Whistler
31 Speaker of the House of Representatives
32 .......................................
33 Frederick E. Church
34 Chief Clerk, House of Representatives
35 The attached bill, S.F. No. ...., having passed the Senate
36 and the House of Representatives notwithstanding the objections
37 of the Governor, has become law. It is transmitted to the
38 Secretary of State of the State of Minnesota to be deposited as a
39 law of the State of Minnesota, the Governor's veto to the
40 contrary notwithstanding.
41 Dated this .... day of ....., in the year of Our Lord one
42 thousand nine hundred and ............
43 .......................................
44 George Bellows
45 President of the Senate
46 ......................................
47 James M. Whistler
48 Speaker of the House of Representatives
49 .......................................
50 John S. Sargent
51 Secretary of the Senate
52
53 ......................................
54 Frederick E. Church
55 Chief Clerk, House of Representatives
56 Filed
57 .......................................
58 Mary Cassatt
59 Secretary of State
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