2013 -- H 5293

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LC01021

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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H O U S E R E S O L U T I O N

ADOPTING RULES OF THE HOUSE OF REPRESENTATIVES FOR THE YEARS

2013 - 2014

     Introduced By: Representatives Corvese, and Azzinaro

     Date Introduced: February 06, 2013

     Referred To: House Rules

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     RESOLVED, That pursuant to Article VI, Section 7 of the Constitution of the State of

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Rhode Island and Providence Plantations, the following rules be adopted for the House of

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Representatives for the years 2011 2013 and 2012 2014:

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     Rules Pertaining to the Speaker

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     (1) The Speaker is authorized to: take the chair each legislative day, call the members to

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order, and, if a quorum be present, proceed to business; refer bills and resolutions upon

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introduction; preserve order and decorum; call some other member to the chair in order to speak

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from the floor as other members are entitled on general matters; decide all questions without

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debate subject to appeal to the House; and have on every appeal the right to assign reasons for

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any decision, and to put the question forward without further debate.

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     (2) The Speaker shall propound all questions in the order in which they are moved. On a

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voice vote, if the Speaker doubts the result, or a division be called for, the Clerk of the House

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shall call the roll. The Speaker shall declare the outcome of all votes.

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     (3) The Speaker may, but shall not be obliged to, vote on any question.

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     (4) All writs, warrants and subpoenas issued by order of the House shall be under the

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hand and seal of the Speaker, attested by either clerk.

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     (5) It shall be the duty of the sheriff in attendance upon the General Assembly, or either

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of his/her deputies, to execute the command of the House, from time to time, together with all

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such process, issued by authority thereof, as shall be directed to him/her by the Speaker.

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     (6) (a) The Speaker may appoint a Speaker pro tempore who may preside over the

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sessions of the House during the absence of the Speaker from the chair. The Speaker may appoint

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a Deputy Speaker who, in case the Speaker and Speaker pro tempore are absent, may call the

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House to order and shall preside over the House session. In case of the absence of the Speaker,

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Speaker pro tempore and Deputy Speaker, the senior member present from Newport, or in the

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absence of such member, a member chosen by notification to the House clerk by the Speaker

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shall call the House to order and preside.

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     (b) In the case of the vacancy of the office of the Speaker, the Speaker pro tempore shall

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preside until a Speaker is elected by ballot.

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      Rules Pertaining to the Order of Business

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      (7)(a) The Speaker, or the Speaker’s designee, shall prepare the floor calendar for each

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legislative day. The calendar shall be printed or made available electronically to the members

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daily. During the legislative session, the House shall convene at 4 p.m. provided that the Speaker,

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with adequate notice to the members, may convene the House at another time.

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     (b) At the commencement of each day's session the roll shall be called or taken by use of

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the electronic voting system. If a quorum is determined to be present the Speaker shall seek

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approval of the previous day’s journal and thereafter proceed to business. The order of business,

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unless the Speaker determines otherwise, shall be as follows:

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     (i) Reports of standing and select committees.

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     (ii) Introduction and reference of new business.

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     (iii) Communications, including communications from the Senate.

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     (iv) Unfinished business in which the House was engaged at the time of last adjournment.

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     (v) Consent calendar.

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     (vi) Calendar.

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     (vii) Introduction of guests and announcements.

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     (viii) Matters of personal privilege.

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     (ix) Recess or adjournment.

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     (c) A representative desiring to introduce a bill or resolution shall file the same with the

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Clerk of the House. At the request of any representative, an announcement presented to the

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Speaker may be placed directly in the House Journal noting his or her absence from session.

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     (d) All bills and resolutions shall be filed no later than March 3, 2011 February 14, 2013

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(for the 2011 2013 session) and February 16, 2012 February 13, 2014 (for the 2012 2014

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session). The provisions of this section shall not apply to city or town bills, to bills for the

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reinstatement of corporate charters, to bills relating to the solemnization of marriages,

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appropriations and budget bills, or to bills to create or extend the reporting dates of study

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commissions. Further, a member may introduce a public bill or resolution after this date in

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February if one day previous to such introduction, the member shall have notified the House of

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his or her intention to introduce such bill or resolution by reading the title and giving a brief

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explanation of its purpose. A member may avail himself or herself of the opportunity afforded by

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this rule three (3) times only in each calendar year, but in no event after the fortieth (40th)

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legislative day unless the matter is submitted with the approval of the Speaker. House

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Committees may, but shall not be obligated to, hear and consider public bills or resolutions

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approved for introduction pursuant to this rule.

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     (e) Any bill or resolution introduced on or before April 28, 2011 April 11, 2013 (for the

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2011 2013 session) and on or before April 12, 2012 April 10, 2014 (for the 2012 2014 session):

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     (i) if filed prior to the convening of the session in the instance where the desk has been

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left open to receive matters, shall be in order for the first reading and, where appropriate,

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assignment to committee, on that day, and

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     (ii) if filed after the convening of the session, shall be in order for the first reading and,

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where appropriate, assignment to committee, on the next legislative day and shall be considered a

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part of that day's business, provided that the Speaker may direct that a given measure may be

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treated in accord with subparagraph (i) above.

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     All bills or resolutions introduced after April 28, 2011 April 11, 2013 (for the 2011 2013

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session) and after April 12, 2012 April 10, 2014 (for the 2012 2014 session) shall be in order for

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the first reading and, where appropriate, assignment to committee, on the day of introduction.

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     (f) The Clerk of the House shall cause the title and numbers of all bills and resolutions

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introduced to be published in the House Journal for the day on which said bill or resolution is

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deemed, as herein provided, to have been introduced.

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      (8) Bills and resolutions which are of a routine, ceremonial, or non-controversial nature,

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may be granted “Immediate Consideration” and brought before the body for its approval without

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appearing on the printed floor calendar, with the approval of the Majority Leader, Minority

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Leader, and Speaker. The representative seeking such approval shall request the permission of the

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Majority and Minority Leaders and then during the floor session indicate, by activating their

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recognition light, that he or she has such a matter to present before the body. The resolution or

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bill will then be presented to the House clerk who shall proceed to present the matter to the

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Speaker who will bring it before the body for a voice vote. At the request of the prime sponsor

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and in the discretion of the Speaker, the clerk may be instructed to read the resolution to the body.

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     (9) In addition to the provisions allowing for “Immediate Consideration” of routine,

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ceremonial or non-controversial bills or resolutions, there shall also be a consent calendar on

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which may be entered such bills and resolutions as the Speaker, Majority Leader, and Minority

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Leader, or their designees, shall agree upon. Matters of substance shall be placed on the regular

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calendar and be fully debated and considered by the membership according to these rules. No bill

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or resolution shall be included on the consent calendar on the date the consent calendar is

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moved unless copies of the consent calendar in the form as it is intended to move and the same

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have been made available to the membership no later than two (2) legislative days prior to the day

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on which the consent calendar shall be proposed to be moved. At the request of a member any

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bill or resolution shall be removed from those included in the motion. All bills and

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resolutions designated for action on the consent calendar shall be passed on motion without

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discussion unless, at any time prior to the motion for passage, a  member requests removal of a

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bill or resolution from the consent calendar in which case such bill or resolution shall be so

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removed and placed on the regular calendar. Any bill or resolution so removed shall be

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considered as having appeared on the regular calendar for a period of time equivalent to that

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during which it appeared on the consent calendar.

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     (10) (a) A member may claim the floor on a question of personal privilege for no more

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than five (5) minutes to reply to criticism, or to discuss anything clearly derogatory, or

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which reflects upon his or her character, or upon the House in general, that appears in the press or

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other public medium, but not to discuss favorable references to himself or herself.

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     (b) No member is permitted to attack another member of the House personally, nor to

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make false statements about, or question the integrity of, another member.

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     Rules Pertaining to Committees

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     (11)(a) The following standing committees shall be appointed each year in the month of

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January or as soon as convenient after the adoption of the House Rules:

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     A committee on corporations

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     A committee on environment and natural resources

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     A committee on finance

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     A committee on health, education and welfare

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     A committee on judiciary

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     A committee on labor

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     A committee on municipal government

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     A committee on rules

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     A committee on oversight

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     A committee on small business

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      A committee on veterans’ affairs.

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      (b) The Speaker shall appoint all standing committees and create such other

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subcommittees and committees as may be required from time to time and appoint thereto. All

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subcommittees and committees shall have proportionate minority membership when feasible.

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The Speaker, in consultation with the Minority Leader, shall be the appointing authority for

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minority membership on standing committees and subcommittees thereof, joint committees,

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boards and commissions. All vacancies occurring in any committee and subcommittee after they

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have once been named shall be filled in like manner by the Speaker. The Speaker, Majority

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Leader and Minority Leader shall be ex officio members with voting rights of all House

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committees but shall not be counted for purposes of determining a quorum. The Speaker shall

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have the authority to appoint the chair, vice chair and secretary of each committee. In the event

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that the chair of a committee is unable to serve due to incapacity for medical or other reasons, the

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Speaker may appoint an acting chair for the period of such incapacity, which acting chair shall

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have all of the powers and duties of the chair. The chair shall determine all questions of procedure

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before the committee in cases not provided for in these rules.

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     (c) A committee shall not consider any bill in the absence of a quorum, which shall

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consist of a majority of the committee's membership.

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     (d) All committee meetings shall be open to the public, but public participation shall be

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limited to testimony on the matters before the committee. The chair of any committee shall have

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the authority to limit the length of a witness’s testimony in order to afford all witnesses the

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opportunity to be heard, to limit repetitiveness and duplication, or to maintain order and decorum.

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     (e) It shall be the duty of the committee on finance to take into consideration all

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propositions relative to the revenue, to inquire into the state of the public debt and to report from

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time to time their opinion thereon and such propositions relative thereto as to them shall

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seem expedient.

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     (f) Upon introduction of the annual state budget to the House on behalf of the Governor,

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the budget shall be referred to the finance committee. Within two (2) weeks following receipt

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thereof, the finance committee's fiscal advisor shall provide to each member of the House a

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concise summary of budget issues. Within three (3) weeks following the receipt of the budget,

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the committee shall schedule such meetings as it deems necessary to receive comment on the

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budget as a whole from all House members who wish to appear before it for that purpose.

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     (g) The Speaker may appoint from time to time subcommittees of a given standing

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committee, which shall consist only of members of the committee from which it was appointed.

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The chair of each standing committee shall be considered a member of each subcommittee of

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such committee. Each subcommittee may hear testimony on bills and resolutions falling within

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the subject matter of its charge and shall report to the committee from which it was appointed.

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Subcommittees will otherwise conduct themselves in conformity with these rules. The Speaker

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shall appoint the chair of each subcommittee.

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     (12)(a) Committees shall take into consideration all such petitions, resolves, bills, matters

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or things as may be referred to them by the House with power to report by bill or otherwise;

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provided, however, that committees shall, whenever possible, consider all bills of substantially

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the same or of a similar nature at the same time in a manner that is otherwise in conformity with

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these rules.

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     (b) A committee shall not consider any public bill or resolution not previously distributed

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in print or electronically to its members except by a vote of the majority of the members of the

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committee.

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     (c) The Chair of every committee shall post, in print and electronically, at least forty-

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eight (48) hours prior to any committee meeting, a list by number and title of the bills

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and resolutions to be heard at that meeting. Such postings shall be made electronically and on the

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Legislative Data Bulletin Board. The electronic posting shall be considered the official date of the

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posting. In the event that the electronic posting system is inoperable then the official posting shall

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be the printed posting on the Legislative Data Bulletin Board. The Chair shall limit such listings

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to the number of bills or resolutions he or she reasonably expects can be taken up by the

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committee at that meeting. Any bill or resolution so posted which the committee is not able to

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take up at the stated meeting must be re-posted as stated above. Such postings shall be made

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electronically, and on the House bulletin board or on the Legislative Data bulletin board. Copies

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of all posted bills or resolutions shall be provided in print or electronically to all committee

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members and principal sponsors. A committee shall not hear any said bill or resolution without

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such notice except by the consent of a majority of its members and with at least one (1) day's

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notification to the principal House sponsor. The sponsor may, however, waive such one-

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day notification. The time requirements of this section shall not apply to House bills returned

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from the Senate with amendment, or, after the 50th legislative day, to any bill originating in the

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Senate.

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     (d) Every standing committee shall meet at least once weekly if any requests for hearings

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on or consideration of bills or resolutions are pending before it. The right to be heard on any such

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bill or resolution may be granted, upon written or electronic request, to the principal sponsor

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thereof as provided in these rules. No committee shall hear more than thirty (30) bills (exclusive

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of city and town bills, those to be placed on the consent calendar, and duplicate senate bills that

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have previously passed) at any one (1) meeting.

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     (e) Upon receipt of a written request from the principal House sponsor of a bill or

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resolution, a copy of which is to be given to the recording clerk of the committee, the committee

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shall grant to said principal House sponsor a hearing on any said bill or resolution within thirty

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(30) calendar days of the request, and provided  further, that said committee shall grant to the

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principal House sponsor  consideration of his or her bill or resolution prior to the deadline for

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committee action on such bill or resolution. The principal sponsor, with the concurrence of the

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Chair, may cancel a scheduled hearing with twenty-four (24) hours’ notice to the Chair, which

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notice shall be posted electronically. A hearing postponed twice at the sponsor’s request need not

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be re-scheduled. For the purpose of the rule, consideration shall mean a majority vote on one (1)

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of the following:

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     (i) a motion to report the bill or resolution to the House with a recommendation of

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passage;

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     (ii) a motion to report the bill or resolution as amended, or in substitute form, to the

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House with a recommendation of passage; or

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     (iii) a motion to report the bill or resolution to the House without recommendation; or

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     (iv) a motion to report the bill or resolution to the House with a recommendation of no

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passage; or

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     (v) a motion to report the bill or resolution to the House with a recommendation that it be

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held for further study.

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     In the event of a tie vote on any of the motions specified in (i), (ii), (iii), (iv) or (v)

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hereof, the bill or resolution shall be lost.

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     The originals of bills or resolutions which have failed in committee shall be transmitted

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by the committee clerks to the Secretary of State for the State Archives, with an appropriate

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notation thereon at the time specified in R.I.G.L.

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     (f) Committee Chairs shall bring reports of committee actions to the floor no later than

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two (2) weeks following the committee votes thereon, provided that this shall not apply to the

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Committee on Finance, nor shall it apply to bills being held for further study under subdivision

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(e)(v). A committee member may move reconsideration of any vote taken so long as the bill or

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resolution which was the subject of the vote remains in the possession of the committee and that

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the motion is made by a member voting in the majority. A motion to reconsider in committee

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shall not be debated.

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     Bills or resolutions concerning appropriations, revenue or expenditures shall not be

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subject to the above time limits.

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     (g) In the event a committee fails to afford consideration to any bill or resolution within

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the prescribed time where such consideration has been properly requested, the principal sponsor

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may report such failure in writing to the Speaker of the House and the Speaker thereupon may

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order the immediate discharge of the bill or resolution from a committee to the House floor.

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     (h) All bills or resolutions reported from committee shall be placed on the calendar or,

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pursuant to the restrictions of these rules, on the consent calendar for the required period of time

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according to these rules before House consideration. Bills and resolutions reported from

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committees and received by the Clerk of the House prior to the convening of the session on a

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given legislative day shall be deemed to have been received, and therefore in order to be placed

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upon the appropriate calendar, as of that day. Bills and resolutions so received after the convening

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of the session on a given legislative day shall be deemed to have been received, and therefore in

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order to be placed upon the appropriate calendar, on the next legislative day and shall be

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considered a part of that day’s business.

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      House Rule 12(e) regarding the necessity to hold a hearing at the sponsor’s request

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through 12(h) pertaining to the timing of placing a bill onto the floor calendar shall not apply to

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any bill or resolution which shall have originated in the Senate.

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     (i) No public bill or resolution which originated in the House shall be considered by a

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House committee unless the committee has held a hearing on that bill or resolution by April 28,

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2011 April 11, 2013 (or April 12, 2012 April 10, in the case of 2012 2014), and thereafter the

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committees of the House shall not consider public bills or resolutions except those which have

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been acted upon by the Senate and transmitted by the Senate to the House of Representatives,

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provided however, that the committee on finance may hear and consider such House bills, acts or

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resolutions as it deems to have a fiscal impact after April 28, 2011 April 11, 2013 (or April 12,

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2012 April 10, in the case of 2012 2014), except as provided in section (j) hereof, and provided

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further, that each other House committee may complete consideration of not more than three (3)

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House bills or resolutions after said date, on which such committee had not been able to

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complete action, upon approval by the Speaker of a written request from the Chair. All

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such requests must be filed with the Clerk of the House no later than April 28, 2011 April 11,

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2013 (or April 12, 2012 April 10, in the case of 2012 2014). The provisions of this paragraph

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shall not apply to House bills of which Senate duplicates have passed the House.

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     (j) No House bill which relates to an individual's pension or retirement shall be accepted

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as a committee report from the committee on finance unless it shall have been considered by the

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committee on or before April 28, 2011 April 11, 2013 (or April 12, 2012 April 10, in the case of

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2012 2014), and shall have been heard in the committee no later than one (1) week prior to that

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date.

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     (k) Transfers –The Speaker or the Speaker’s designee may direct the transfer of a bill or

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resolution from one committee to another at any time. The committee receiving the transferred

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bill or resolution must comply with the posting and time requirements of this section.

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     (13)(a) Committees shall keep a permanent record of their written submissions and of

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their voting tally sheets, and the same shall be public records and available to any member and to

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any person within two (2) legislative days upon written request.

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     (b) Each committee shall file with the Clerk of the House and with legislative data

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services a list of all measures on which formal action was taken and a copy of the recorded vote

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tally on each such measure.

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     (c) The Speaker shall formulate a plan for the publication of committee votes and work to

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implement the plan so committee votes appear online in a prominent and conspicuous location on

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the General Assembly website prior to the floor votes of the bill occurring: Online committee

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votes shall be available publicly no later than May 1, 2011.

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     (d) The Speaker, wherever feasible with the confines of existing room availability and

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personnel levels, shall direct Capitol Television to broadcast committee hearings live on Capitol

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Television or, in the instance where committees are meeting on the same day and time, record the

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hearings for broadcast on a delayed basis. Committee hearings dealing with the expenditure of

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public funds shall be given priority for live broadcast. Chairs of the various committees are

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authorized to make a request of the Speaker, or the Speaker’s designee, to broadcast their

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respective committee hearings on Capitol Television if they believe an agenda item is of

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particular importance or interest.

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     (e) The Speaker shall formulate a plan and report back to the full House with a policy that

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provides for the audio recording of all committee hearings All committee hearings shall be audio

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recorded.

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     Rules Pertaining to Bills and Petitions

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     (14)(a) No bill or resolution shall be considered or acted upon by the House if objection

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is made unless the same has been considered by, reported, or recalled from a committee thereof,

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from a joint committee, or by two-thirds (2/3) of members present. This rule shall not apply to a

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House Bill of which the Senate duplicate has passed the House, and provided further that the

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Speaker may at any time order a duplicate bill received from the Senate or a Senate bill after the

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budget bill shall have passed the House, onto the calendar.

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     (b) When a bill or resolution is postponed indefinitely, the same shall not be acted upon

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again during the session.

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     (c) No bill or resolution shall be passed or concurred in without two (2) readings. The

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first reading shall take place by acceptance of the bill or resolution and publication in the House

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Journal and the second after it has been placed upon the calendar. No bill or resolution upon the

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calendar shall be taken up for consideration unless copies thereof, in the form in which it was

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reported from committee, shall have been made available in print or electronically to the

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members no later than the rise of the House on the legislative day before the day on which it shall

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be in order for consideration. No matter of business on the calendar shall be considered upon its

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merits prior to the legislative day after it shall have been placed on the calendar except by vote of

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the majority of the members present and voting. The provisions of this paragraph shall not apply

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to Senate bills received by the House which are duplicates of House bills.

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     (d) No more than fifty (50) public bills shall be considered upon their merits during any

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one (1) legislative day and no bill shall be brought before the body after 11:30 p.m., provided,

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however, that House bills returned from the Senate, Senate bills which are duplicates of and

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identical to House bills, corporate charter revocation bills, and solemnization of marriage bills

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and bills removed from the consent calendar may be considered notwithstanding this limit.

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Provided further, that Senate bills which are duplicates of and identical to House bills, and House

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bills returned from the Senate, may without objection be bundled and passed by one vote

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provided that they are provided to members electronically prior to consideration. In the case of

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bundled bills that contain identical and duplicate Senate bills, at the request of the Majority and

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Minority Leaders the House journal will reflect that the vote of the members on the bill is

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consistent with his or her vote on the duplicate House bill previously passed. Prior to the vote on

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a duplicate bill, it should be stated for the record and be made known to the body that the bill is

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identical.

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     (e) The budget bill shall be prepared by Legislative Council. The budget bill shall not be

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considered by the House unless copies thereof as approved by the finance committee have been

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available to the members for seven (7) calendar days. For the purposes of calculating the seven

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(7) day requirement, the day of passage by the Finance Committee shall not be counted but the

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scheduled day for floor action shall be included in the calculation. No amendment which is

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intended to make a substantive change in the budget bill may be offered other than by the Chair

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of the finance committee, except with the agreement of two-thirds (2/3) of the members present,

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unless the text thereof shall have been submitted to the Legislative Council and made available to

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the members two (2) calendar days prior to the day on which the budget bill shall be in order for

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consideration.

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     (f) An amendment which was germane when prepared, and which was offered in a timely

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fashion, but is no longer germane because of an intervening amendment, may, with the agreement

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of the majority leader and minority leader, be revised orally or in writing by the sponsor without

11-2

renewed compliance with the requirements hereof.

11-3

     (g) After the 50th legislative day, bills or resolutions received back from the Senate with

11-4

amendments requiring House concurrence shall, with the agreement of the House sponsor and the

11-5

Majority Leader, be placed on the calendar in order for the day upon which they are received.

11-6

     (15)(a) There shall be attached to every public bill or resolution when first introduced an

11-7

explanation of such bill or resolution indicating the proposed changes, and/or the statute or

11-8

existing law which such bill or resolution purports to amend.

11-9

     (b) When any bill or resolution is offered which is intended to amend any part or parts of

11-10

an existing statute, or the Constitution of the State of Rhode Island, or the House Rules, any part

11-11

or parts intended to be stricken shall be contained in the bill or resolution and shall be crossed

11-12

out. All new matter contained in the bill or resolution shall be underlined, so that the new matter

11-13

may be easily discerned. Existing language not intended to be amended shall be

11-14

reproduced without change.

11-15

     (c) "Public bill" shall include all bills or resolutions which in any way have general

11-16

application throughout the state or which are of a nature for which the constitution requires

11-17

special treatment, and bills which relate to an individual's pension or retirement benefits. Bills or

11-18

resolutions of a private or local nature shall not be considered "Public bills" and shall include:

11-19

those which pertain to a particular city or town or local entity; those making claims against the

11-20

state; those which pertain to private corporation charters and amendments thereto and restoration

11-21

thereof, and to amendments to authorize holdings by non-profit organizations of a charitable,

11-22

civic, library or like nature; resolutions memorializing congress, or of congratulations or

11-23

expressing sympathy or condolences; resolutions requesting the several departments of state

11-24

government to grant some privilege, consideration or relief; and others of like private and local

11-25

nature.

11-26

     (d) All bills and resolutions, private as well as public, and all proposed amendments

11-27

thereto, shall be prepared by the Legislative Council, and the Clerk of the House may decline to

11-28

accept for introduction any bill, resolution or transmittal not in conformity herewith. Once

11-29

introduced and referred, all bills and resolutions shall be printed and made available

11-30

electronically, except resolutions of congratulation and condolence. The Legislative Council may

11-31

decline to accept for drafting any proposal for an amendment submitted to it later than 3 p.m. on

11-32

the day on which the bill or resolution to be amended is to be heard, provided that the Speaker or

11-33

his or her designee may waive this restriction.

12-34

     (e) All bills and resolutions which have been introduced at the request of one of the

12-35

general officers shall bear a stamp indicating such request.

12-36

     (i) Upon presentation of testimony before a committee, the prime sponsor of a bill or

12-37

resolution shall provide to the committee the name of any individual, group or organization

12-38

responsible for the substantive basis or text of the bill.

12-39

     (f) A prime sponsor may withdraw a bill or resolution previously introduced at any time,

12-40

upon written request to the Clerk of the House on a form which the Clerk of the House shall

12-41

provide.

12-42

     (g)(i) In the event a bill is amended or substituted by a committee for floor action, the

12-43

sponsor or sponsors of that bill may elect, in writing, to have their names disassociated from said

12-44

bill and the committee report shall reflect this election and it shall be reflected in the House

12-45

journal.

12-46

     (ii) A co-sponsor of a bill or resolution may remove his or her name from a bill or

12-47

resolution at any time prior to its passage upon written notice to the clerk. If the co-sponsor is

12-48

listed electronically as one of the sponsors, such change in sponsorship shall be amended online

12-49

as well as reflected in the House journal.

12-50

      (h)(i) A bill or resolution may be pre-filed by any member or member-elect with the

12-51

Clerk of the House at any time from November 15 to the day prior to the commencement of the

12-52

regular annual session. The clerk shall order it printed by Legislative Council, and make it

12-53

available for the first reading on the second day of the succeeding session.

12-54

     (ii) Only the bills or resolutions filed by members elected and qualified shall receive the

12-55

first reading.

12-56

     (iii) In the event that any member or member-elect shall die after filing and before the

12-57

first reading, the death of said member or member-elect shall constitute automatic withdrawal of

12-58

said bill or resolution; provided, however, that where a bill or resolution shall have had more than

12-59

one sponsor, said bill or resolution and number shall not be withdrawn and the member whose

12-60

name appears second on said bill or resolution shall become the prime sponsor.

12-61

     (16) No measure without a body or substantive content shall be accepted at any time, nor

12-62

shall a substitute bill be accepted which is not consistent with the title and substance of the

12-63

original bill. No motion or proposition of a subject different from that under consideration shall

12-64

be admitted under color of amendment.

12-65

     (17)(a) No amendment to a pending bill or resolution may be considered by  the House,

12-66

except by unanimous consent, unless the text of the amendment shall be on the desks of the

12-67

members in typed form or accessible electronically.

13-68

     (b) When an amendment proposed to any pending measure is laid on the table, it shall not

13-69

be construed to be a motion to table the measure on which the amendment has been offered.

13-70

     (c) The motion to lay on the table and the motion to take from the table shall be non-

13-71

debatable; provided, however, that the mover of an amendment shall be allowed two (2) minutes

13-72

to reply when a motion is made to table his or her amendment; whereupon the Speaker shall put

13-73

the question on the motion to table.

13-74

     (18) Amendments, articles or sections of the State budget shall concern only

13-75

appropriations, expenditures, revenue or matters related thereto.

13-76

     (19) Except with respect to present and former members of the General Assembly,

13-77

general officers, members of the judiciary, and elected state and federal officials, all expressions

13-78

in the nature of condolences and in the nature of congratulations may be presented in omnibus

13-79

resolutions which shall not require concurrent action and which, upon passage, shall be forthwith

13-80

transmitted to the Secretary of State.

13-81

     (20)(a) No petition to discharge a bill or resolution from Committee shall be appropriate

13-82

for presentation until after the fiftieth (50th) legislative day and until the bill or resolution shall

13-83

have been in the possession of the Committee for no less than sixteen (16) legislative days. On

13-84

any day after those requirements have been met, the prime sponsor of a bill or resolution may

13-85

present a petition in writing to discharge the committee from further consideration of a public bill

13-86

or resolution which has been referred to a committee, and by no other procedure, but only one

13-87

petition may be presented for a public bill or resolution during the course of a session. The

13-88

petition shall be placed in the custody of the recording clerk of the House who shall arrange

13-89

some convenient place for the signatures of the members to be placed thereon in the presence of

13-90

said clerk. A signature may be withdrawn by a member at any time before the petition receives

13-91

sufficient signatures to become effective, and such petitions shall become effective, and shall

13-92

serve to discharge a committee from further consideration of the public bill or resolution and shall

13-93

cause said public bill or resolution to be placed upon the calendar for action, when any thirty-

13-94

eight (38) representatives shall have affixed their signatures thereto, provided, however, that if,

13-95

after the bill or resolution is calendared but before it is taken up, enough signatures are withdrawn

13-96

so that the number of effective signatures falls below thirty-eight (38), the bill or resolution shall

13-97

pass off the calendar. (b) At the time the petition is properly submitted to the clerk of the House, a

13-98

notation shall be added to the travel of the bill section for that particular legislation as it appears

13-99

online.

13-100

     (c) During House consideration of any discharged public bill or resolution, no motion to

13-101

recommit or lay on the table shall be entertained by the Speaker until every member desiring to

13-102

be heard has been recognized.

14-1

     (21) No vote or act which has been passed by the House shall be sent by the clerk to the

14-2

Senate or to the Governor before the expiration of the time limit for its reconsideration, except

14-3

where the Speaker has ordered the transmittal and no objection is stated by a member, or in a case

14-4

where an objection is stated said objection to transmittal is supported by a majority of those

14-5

members who voted on the matter

14-6

     Rules Pertaining to Decorum and Debates

14-7

     (22) When any member desires to speak in debate, or to deliver any matter to the House,

14-8

the member shall activate his or her recognition button, and when recognized from the rostrum

14-9

rise and proceed by respectfully addressing the Speaker. Debate shall be confined to the matter

14-10

before the House. No member shall be permitted to ask, nor shall the Speaker entertain, any

14-11

question not directly related to the matter before the House.

14-12

     (23) When two (2) or more members seek to be recognized as indicated by activation of

14-13

their recognition buttons, the Speaker shall select the member who is to speak first.

14-14

     (24) No member, exclusive of the Majority and Minority Leaders, the principal sponsor

14-15

or floor manager, or the chair of the committee from which the bill or resolution was reported,

14-16

shall speak more than twice to the same question without the leave of the House, nor more than

14-17

once until every member choosing to speak shall have spoken, nor for longer than five (5)

14-18

minutes without the leave of the House.

14-19

     (25) If any member, in speaking or otherwise, transgresses any rule of the House, the

14-20

Speaker shall, or any member may, call him or her to order, in which case the member called to

14-21

order shall immediately sit down, unless permitted by the Speaker to continue and the House

14-22

shall, if appealed to, decide on the case but without debate. If the reading of any printed or written

14-23

paper be objected to, it shall be determined by the Speaker, and the House, if appealed to.

14-24

     (26) While the Speaker is putting any question, or addressing the House, or when a

14-25

member is speaking, none shall entertain private discourse in person or by phone, nor

14-26

walk between the member who is addressing the Speaker and the chair. At no time while the

14-27

House is in session on the floor or in committee shall any person use cell phones or cause

14-28

disruption by any other means.

14-29

     (27) When a motion is made and seconded, it shall be stated by the Speaker, or, being in

14-30

writing, shall be handed to the Speaker and read by the Clerk of the House before debate. Any

14-31

motion shall be reduced to writing before debate whenever the Speaker shall so direct.

14-32

     (28) Any bill or resolution of more than one section shall be passed upon by section,

14-33

at the request of any member. With the leave of the Speaker, a section that is susceptible of

14-34

division shall be divided and put separately upon the propositions of which it is compounded, but

15-1

a motion to strike out and substitute shall not be divided.

15-2

     (29) After a motion is stated by the Speaker, or read by the clerk, it shall be deemed to be

15-3

in possession of the House, but any motion may be withdrawn by the mover at any time before a

15-4

decision or amendment.

15-5

     (30) When a question is under debate no motion shall be received, except: to adjourn, for

15-6

the previous question, to take a recess, to lay on the table, to fix a time for closing debate, to

15-7

postpone indefinitely, to postpone to a day certain, to commit, or to amend. The motions for any

15-8

of the above actions shall have precedence in the order in which they are here arranged.

15-9

     (31) When a time for a meeting of the House shall have been previously fixed upon, a

15-10

motion to adjourn shall be always in order. Motions to take from the table, to reconsider, for the

15-11

previous question, to take a recess, to adjourn, and for the vote, shall be decided without debate.

15-12

Motions to lay on the table shall also be non-debatable except that the mover of an amendment

15-13

shall be allowed two (2) minutes to reply when a motion is made to table his or her amendment as

15-14

referenced in Rule 17(c).

15-15

     (32) No member shall vote on any question of private property in the event of which he

15-16

or she is immediately and particularly interested.

15-17

     (33)(a) No member shall speak or vote, unless within the bar of the House and at his or

15-18

her seat, except as hereinafter provided. Every member who shall be in his or her seat in the

15-19

House Chamber when the question is put, shall give his or her vote, unless prior thereto the

15-20

Speaker shall have excused him or her in accordance with the provisions of the Code of Ethics

15-21

statute (RIGL 36-14-6). Members must file a written request for recusal and the journal shall

15-22

reflect such recusal with the letter "R." No member may vote for another member, nor activate

15-23

another member's voting machine except by the express direction of that member who is present

15-24

in the House chamber. No one may occupy the vacant seat of a member.

15-25

     (b) When a violation of Rule 33(a) in regard to voting is alleged in writing by a member,

15-26

the Speaker may refer said written allegation to the House Rules Committee to investigate, hold

15-27

hearings, ascertain the facts and report its findings and recommendation to the House, which may

15-28

then take appropriate action including but not limited to expulsion as authorized by Article 6,

15-29

Section 7 of the Constitution of the State.

15-30

     (c) The electronic voting machine of any member not present when the quorum is called

15-31

shall remain locked until the member has notified the recording clerk of his or her presence. Upon

15-32

late arrival but prior to adjournment, a member may report his or her presence to the recording

15-33

clerk which shall be recorded in the journal. No member shall be considered present for the day

15-34

unless said member is on the floor and within the bar.

16-1

     (d) Any member who leaves the floor before adjournment for the remainder of that day's

16-2

session shall report to the recording clerk prior to his or her departure. The recording clerk will

16-3

then lock the electronic voting machine of that member.

16-4

     (34)(a) The electronic voting system may be used to record attendance and quorums, and

16-5

shall be used to record all votes on public bills and votes on rule changes and suspensions. It shall

16-6

be used for other votes by request of a member at the discretion of the Speaker. The results of all

16-7

votes recorded electronically shall be reported in both the House journal and, as it pertains to

16-8

votes on bills, reflected in a prominent and conspicuous place on the General Assembly website.

16-9

The procedure for the recording of such votes online shall be determined by the Speaker and

16-10

reported to the body.

16-11

     (b) In the event the machine is not to be used or is not operating properly, all votes and

16-12

other determinations may be taken as otherwise required by House rules, either by voice vote,

16-13

division vote or by calling the roll alphabetically and recording the ayes and nays. If a

16-14

member's voting device is out of order, he or she shall rise and announce it to the presiding

16-15

officer and call his or her vote orally prior to the declaration of the result of the vote. Every

16-16

member may vote providing he or she is in the chamber of the House at the time the vote is in

16-17

progress and before the machine is locked.

16-18

     (c) The electronic voting system shall be under the control of the presiding officer and

16-19

shall be operated by such personnel as the Speaker of the House so designates. At a reasonable

16-20

time, prior to any vote being taken, the presiding officer shall announce that a vote is about to

16-21

be taken. When any member other than the Speaker of the House is presiding, he or she shall

16-22

direct the voting clerk to record his or her vote as if cast at his or her voting station. Until the

16-23

completion of the voting, no member shall be recognized, and no other business shall be

16-24

transacted.

16-25

     (d) When sufficient time has elapsed for each member to vote, the presiding officer shall

16-26

order the machine locked and activate the recording process. When the vote is completely

16-27

recorded, the clerk shall advise the presiding officer of the result; and the presiding officer shall

16-28

announce the result to the House and the result shall be recorded in the journal. No vote may be

16-29

changed after the system has been locked and the vote recorded.

16-30

      (e) When a division is called for, those in the affirmative or the negative, as the case may

16-31

be, shall cast their votes accordingly and the voting clerk shall activate the recording equipment

16-32

so as to reflect only the numerical count. When the vote is completely recorded, the clerk

16-33

shall advise the presiding officer of the result; and the presiding officer shall announce the result

16-34

to the House. (In the event the electronic voting system is not operating properly, the division

17-1

vote shall be conducted as otherwise provided in House rules).

17-2

     (f) After the question has been put, but before the system is locked, any member may call

17-3

for a statement of the question.

17-4

     (g) While the presiding officer is putting the question, or the vote is being recorded, no

17-5

member shall speak or leave his or her place. After a vote has been ordered there shall be no

17-6

debate whatever.

17-7

     (h) In case of a tie vote the question shall be lost.

17-8

     (35) There shall be a motion for the previous question, also known as moving the

17-9

question, which shall always be in order and which shall not be debated, and which may be

17-10

moved and ordered upon any bill or section thereof, amendment, motion, resolution or question

17-11

which is debatable, any of which shall be considered as the main question for the purpose of

17-12

applying the previous question. When a motion for the previous question has been made, no other

17-13

motion shall be entertained by the Speaker until it has been put to the House and decided. All

17-14

incidental questions of order arising after a motion for the previous question has been made, and

17-15

before the vote has been taken on the main question, shall be decided whether on appeal or

17-16

otherwise without debate. When the previous question has been ordered, a motion to reconsider

17-17

such vote shall not be in order, and no motion to adjourn or take a recess while a quorum is

17-18

present shall be entertained between the taking of such vote and the taking of the vote on the main

17-19

question. Ten (10) minutes shall be allowed for further debate upon the main question during

17-20

which no member  shall speak more than three (3) minutes, and a further period of ten

17-21

(10) minutes, if desired, shall be allowed for debate to the member introducing the bill or question

17-22

to be acted upon, or to the member or members to whom he or she may yield the floor, at the

17-23

close of which time, or at the close of the first ten (10) minutes, in case the introducer does not

17-24

desire to so use his or her time, the vote on the main question shall be taken. If incidental

17-25

questions of order are raised after the previous question has been ordered, the time occupied in

17-26

deciding such question shall be deducted from the time allowed for debate.

17-27

     (36) When any vote is passed, any member voting in the majority may move

17-28

to reconsider on the same or the next legislative day, if the matter has not been previously

17-29

transmitted to the proper party. A motion to reconsider shall not be debated and once a motion for

17-30

reconsideration has been decided it shall not be reconsidered.

17-31

     (37)(a) The presiding officer may refer to “Mason's Manual of Legislative Procedure,”

17-32

most recent edition, published by the National Conference of State Legislatures, for guidance as

17-33

to  procedure on the floor of the House in all cases in which its provisions are not inconsistent

17-34

with applicable law or these rules.

18-1

      (b) A point of order is the parliamentary device used to require a deliberative body to

18-2

observe its own rules and to follow established parliamentary practice. A point of order is proper

18-3

during a floor debate when a member questions whether there has been a breach of order or of the

18-4

rules. The person speaking at the time a point of order is raised, shall be instructed by the

18-5

presiding officer to stop speaking until the matter is resolved. The Speaker shall not entertain one

18-6

point of order while another is pending. A point of order must be raised at the time the particular

18-7

question is pending. No member shall be permitted to present argument under the guise of a point

18-8

of order, a point of parliamentary inquiry, or a question. No member shall resort to persistent

18-9

irrelevance or persistent repetition.

18-10

     Rules Pertaining to Admission to the Floor

18-11

     (38)(a) No person or persons, except currently elected members of the general assembly,

18-12

legislative staff assigned by the Speaker or Minority Leader and authorized representatives of

18-13

the public press shall be admitted to the floor of the house during the session thereof, except by

18-14

the approval of the speaker for a designated purpose. The speaker may make special provision for

18-15

admission to the floor of the House during the session thereof for persons, who by reason of

18-16

disability, are unable to gain access to the House galleries. All persons so admitted by the Speaker

18-17

to the floor of the House during the session thereof shall be present for the sole purpose of

18-18

observing the proceedings of the House and shall remain seated, refrain from conversation, and

18-19

maintain the decorum of the House. No person so admitted shall contact, address, speak or

18-20

gesture to, or communicate in any way with any House member while present on the floor of the

18-21

House. No person on the floor of the chamber shall dress in a manner offensive to the decorum of

18-22

the House. Any House member who observes conduct in violation of the House Rules

18-23

shall immediately notify the Speaker thereof and the Speaker shall forthwith take appropriate

18-24

corrective action and may order the removal of the offending person.

18-25

     (b) During House sessions, admission to the House lounge is limited to currently serving

18-26

members, and staff of the General Assembly authorized by the Speaker

18-27

     (c) Complimentary items, souvenirs and gifts of food shall not be placed upon members'

18-28

desks nor delivered to the floor of the House or to members' mailboxes.

18-29

     (39) Authorized representatives of the public press may be admitted by the Speaker to the

18-30

floor of the House and assigned seats under such regulations as he or she may from time to time

18-31

prescribe. Such press representatives as shall be admitted shall have no privilege upon the floor

18-32

other than to pass to and from the seats assigned to them.

18-33

     Miscellaneous Rules

19-34

     (40) In the event of the calling of an extraordinary session of the General Assembly by

19-35

the Governor, or a reconvened session by the Speaker of the House or the President of the

19-36

Senate, said session shall be conducted pursuant to the foregoing rules; provided, however, that

19-37

the requirement for prior posting of bills by committees, the limitation on consideration of House

19-38

bills by House committees, the prohibition on reading a bill a second time on the same day it was

19-39

given first reading and the two (2) day calendar requirement and the deadline for

19-40

new introductions shall not be applicable during such extraordinary sessions, and provided further

19-41

that any bill or resolution for consideration of which the session is called shall have been

19-42

provided electronically to the members at least twenty-four (24) hours prior to the opening of

19-43

the session.

19-44

     (41) The procedure to be followed in consideration by the House of a motion to override

19-45

the Governor’s veto of a bill or resolution (whether at an extraordinary or reconvened session as

19-46

contemplated in Rule 45 or at a regular session of the House) shall be as follows: The Governor’s

19-47

objections to the bill or resolution shall be entered into upon the House Journal as required by the

19-48

Rhode Island Constitution, Article 9, Section 14. The Governor’s objections shall be made

19-49

available to the members in written form or electronically, and upon the request of any member

19-50

shall be read aloud by the Clerk of the House. Each of the following: the prime sponsor of the bill

19-51

(in the case of a House bill), the Minority Leader and the Majority Leader may, if he or she

19-52

wishes, and in the order specified, speak for no more than five (5) minutes. Thereupon the House

19-53

shall immediately proceed to a vote as prescribed in the Rhode Island Constitution, Article 9,

19-54

Section 14, and such vote once taken shall not be the subject of a motion to reconsider. If the bill

19-55

or resolution shall have passed notwithstanding the veto of the Governor, the same shall be

19-56

immediately transmitted to the Senate or to the Secretary of State as may be appropriate.

19-57

     (42)(a) Once adopted by a majority of the body present and voting, no rule shall be

19-58

repealed or amended, except by two-thirds (2/3) of the members voting.

19-59

     (b) A rule may be temporarily suspended with the consent of the Majority and Minority

19-60

Leaders or by a vote of two-thirds (2/3) of the members voting except that in no case shall the

19-61

rules pertaining to the recording of votes be suspended. At the time a rule or rules are temporarily

19-62

suspended, the duration of time that the rule shall be suspended shall clearly be stated to the body

19-63

and recorded in the House journal. The application of this rule as it pertains to the temporary

19-64

suspension of the rules shall not be subject to amendment or repeal. Any motion to repeal, amend

19-65

or suspend any rule shall be a debatable motion under these rules.

19-66

     (c) At the beginning of a legislative session, the rules of the previous legislative session

19-67

shall remain in full force and effect until the permanent rules of the House for the current session

19-68

have been prepared, presented, debated and adopted by a majority vote of the House. Any

20-1

member at the beginning of a legislative session who was not a member at the time of the

20-2

adoption of the rules shall be provided with a copy of the rules.

20-3

     (43)(a) Within a reasonable time of the House adopting its rules, the rules will be posted

20-4

on the House website. the Speaker shall have his staff prepare bound copies of the rules,

20-5

including an organized table of contents, and said copies shall be provided to each Representative

20-6

in his or her legislative desk on the floor. The Speaker’s staff shall also provide each committee

20-7

clerk with the above-described copy of the rules and they shall be available for inspection or

20-8

reference at the time of committee hearings.

20-9

     (b) The House rules, in the form adopted by the body, shall also be placed in a prominent

20-10

and conspicuous place on the General Assembly website and identified as such.

20-11

     (44) The Speaker shall designate a staff member who shall be responsible for providing

20-12

any Representative, who shall request in writing, with a dvd copy of any of any proceeding of the

20-13

General Assembly that has been broadcast on Capitol Television within two (2) business days of

20-14

receiving the request.

20-15

     Establishment of Caucuses

20-16

     (45) (a) Members of the House may establish affiliate groups to be known as "Caucuses."

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     (b) Membership in any said Caucus is limited to duly elected members of the House. No

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party, person, nor organization who is not a duly elected member of the House shall be involved

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in nor be allowed to join nor participate in any manner in the business of the Caucus.

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     (c) Membership in any said Caucus is open to those who are primarily in said affiliate

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group, but should not necessarily be closed to other House members.

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     (d) Notwithstanding 45(c):

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     (i) Any Caucus organized around a political party affiliation is limited solely to those

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House members who belong to said party.

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     (ii) Any Caucus organized around a county and/or municipal affiliation is limited solely

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to those House members who represent said county and or municipality.

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     (e) The duties of each Caucus shall be to provide a common association and opportunity

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for members to interact with each other and to address concerns and to act as a positive body to

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implement legislation, initiatives, suggestions and other forms of action on issues of common

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interest to the membership.

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     (f) The governing body of any Caucus is limited to a chairperson and vice chairperson

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and any member of the Caucus shall be eligible to hold any office.

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     (g) The duties of the officers shall be as follows:

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     (i) Chairperson:

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     (1) To preside over all meetings of the Caucus;

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     (2) To provide an agenda for each meeting to those attending; and

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     (3) To conduct the annual election of officers.

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     (ii) Vice Chairperson:

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     (1) To assume duties of the Chairperson in his/her absence; and

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     (2) To conduct all votes, not withstanding 45(g)(i)(3), at meetings.

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     (h) Office holders shall be elected by a simple majority of a quorum vote by the body for

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a two (2) - year term.

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     (i) In the event an officer cannot fulfill his or her term, the following rules shall apply:

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     (i) A vacancy in the Chairperson’s office shall be filled by the Vice Chairperson.

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     (ii) A vacancy in the Vice-Chairperson’s office shall be filled by a majority vote of a

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quorum of the membership of the Caucus.

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     (iii) The term of the replaced officers shall begin immediately and shall terminate upon

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the regular election of new officers.

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     (j) A quorum shall consist of two-thirds (2/3) of the current membership of the Caucus.

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     (k) No budget shall be appropriated for any Caucus nor shall any Caucus engage in the

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raising of funds nor in-kind donations to pay for any of its activities.

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     (l) All caucuses shall be established by February 15, 2013 by written notification to the

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Speaker or his/her designee with all elections being held one month after the establishment. The

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two (2) - year election term shall run from the date of said election.

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LC01021

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