2021 -- H 5036

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LC000809

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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H O U S E   R E S O L U T I O N

HOUSE RESOLUTION AMENDING THE RULES OF THE HOUSE OF

REPRESENTATIVES FOR THE YEARS 2019-2020

     

     Introduced By: Representative Camille F. Vella-Wilkinson

     Date Introduced: January 19, 2021

     Referred To: House Rules

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     RESOLVED, That the Rules of the House of Representatives adopted by the House of

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Representatives at its January session, A.D. 2019, entitled “House Resolution Adopting the Rules

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of the House of Representatives for the Years 2019 and 2020,” are hereby amended by adding

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thereto the following section:

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     (47) Discipline of a Member

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     (a) Any action to expel a member shall commence with a resolution sponsored by the

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Speaker of the House.

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     (b) The Speaker shall refer the resolution to the committee on conduct, or any other

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standing committee, for hearing and review. The committee shall investigate the matter and shall

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have the right to compel witnesses and produce documents by subpoena prepared by the

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committee and approved and signed by the Speaker. All testimony in the committee shall be

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under oath and preserved by stenographic record which shall be transcribed upon the order of the

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chair.

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     (c) Any member who is the subject of potential expulsion under the resolution shall be

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afforded due process of law, to include notice of all hearings, the right to retain legal counsel, and

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the opportunity to present evidence and/or witnesses and cross examine any witnesses.

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     (d) At the completion of the committee hearing, upon consideration and an affirmative

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vote of the majority of the committee members present, said resolution shall be reported to the

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floor of the house in accordance with these rules.

 

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     (e) Any floor vote of the house for expulsion shall require two-thirds (2/3) of the

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members elected for approval of the resolution to expel.

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     (f) In those instances where the Speaker deems that censure or reprimand of a member is

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in order, the Speaker may in his or her discretion impose said discipline. Upon notice of the

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imposition by the Speaker of censure or reprimand upon a member, that member may dispute said

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discipline within five (5) calendar days by notifying the Speaker in writing and requesting a

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hearing before the committee on conduct. In the event a member requests a hearing before the

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committee on conduct, the member shall be entitled to the procedures set forth herein.

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     (g) In the alternative, the Speaker may in his or her discretion sponsor and refer a

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resolution of censure or reprimand to the committee on conduct, or any other standing committee,

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for hearing, review, and consideration by the committee consistent with the procedures set forth

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herein.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

H O U S E   R E S O L U T I O N

HOUSE RESOLUTION AMENDING THE RULES OF THE HOUSE OF

REPRESENTATIVES FOR THE YEARS 2019-2020

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     This resolution would amend the Rules of the House for the Years 2019 and 2020 by

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establishing a procedure for the discipline of a member, which would include censure, reprimand,

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and expulsion. This resolution would also provide that a member subject to potential expulsion

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would be afforded due process of law.

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LC000809

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