2025 -- H 5007 SUBSTITUTE A | |
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LC000397/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
ADOPTING THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE YEARS 2025 | |
AND 2026 | |
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Introduced By: Representatives Fogarty, Diaz, Corvese, Hull, Marszalkowski, Kazarian, | |
Date Introduced: January 10, 2025 | |
Referred To: House Rules | |
1 | RESOLVED, That pursuant to Article VI, Section 7 of the Constitution of the State of |
2 | Rhode Island, the following rules be adopted for the House of Representatives for the years 2025 |
3 | and 2026: |
4 | Rules Pertaining to the Speaker |
5 | (1) The Speaker is authorized to: take the chair each legislative day, call the members to |
6 | order, and, if a quorum be present, proceed to business; refer bills and resolutions upon |
7 | introduction; preserve order and decorum; call some other member to the chair in order to speak |
8 | from the floor as other members are entitled on general matters; decide all questions without |
9 | debate subject to appeal to the House; and have on every appeal the right to assign reasons for |
10 | any decision, and to put the question forward without further debate. |
11 | (2) The Speaker shall propound all questions in the order in which they are moved. On a |
12 | voice vote, if the Speaker doubts the result, or a division be called for, the Clerk of the House |
13 | shall call the roll. The Speaker shall declare the outcome of all votes. |
14 | (3) The Speaker may, but shall not be obliged to, vote on any question. |
15 | (4) All writs, warrants and subpoenas issued by order of the House shall be under the |
16 | hand and seal of the Speaker, attested by either clerk. |
17 | (5) It shall be the duty of the sheriff in attendance upon the General Assembly, or either |
18 | of his/her deputies, to execute the command of the House, from time to time, together with all |
19 | such process, issued by authority thereof, as shall be directed to him/her by the Speaker. |
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1 | (6)(a) The Speaker may appoint a Speaker pro tempore and a Deputy Speaker. In the |
2 | event the Speaker is unable or chooses not to preside over the House session, the Speaker may |
3 | designate either the Speaker pro tempore or the Deputy Speaker to call the House to order and |
4 | preside over the House session. In the event the Speaker is incapacitated or otherwise unavailable |
5 | to make a designation, the majority leader shall make the designation pursuant to this rule. In case |
6 | of the absence of the Speaker, Speaker pro tempore and Deputy Speaker, the senior member |
7 | present from Newport, or in the absence of such member, a member chosen by notification to the |
8 | House clerk by the Speaker shall call the House to order and preside. |
9 | (b) In the case of a permanent vacancy of the office of the Speaker, the majority leader |
10 | shall make the designation pursuant to this rule until a Speaker is elected by ballot. |
11 | Rules Pertaining to the Order of Business |
12 | (7)(a) The Speaker, or the Speaker’s designee, shall prepare the floor calendar for each |
13 | legislative day. The calendar shall be printed or made available electronically to the members |
14 | daily. During the legislative session, the House shall convene at 4 p.m. provided that the Speaker, |
15 | with adequate notice to the members, may convene the House at another time. |
16 | (b) At the commencement of each day's session the roll shall be called or taken by use of |
17 | the electronic voting system. If a quorum is determined to be present the Speaker shall seek |
18 | approval of the previous day’s journal and thereafter proceed to business. The order of business, |
19 | unless the Speaker determines otherwise, shall be as follows: |
20 | (i) Reports of standing and select committees. |
21 | (ii) Introduction and reference of new business. |
22 | (iii) Communications, including communications from the Senate. |
23 | (iv) Unfinished business in which the House was engaged at the time of last adjournment. |
24 | (v) Consent calendar. |
25 | (vi) Calendar. |
26 | (vii) Introduction of guests and announcements. |
27 | (viii) Matters of personal privilege. |
28 | (ix) Recess or adjournment. |
29 | (c) A representative desiring to introduce a bill or resolution shall file the same with the |
30 | Clerk of the House. At the request of any representative, an announcement presented to the |
31 | Speaker may be placed directly in the House Journal noting his or her absence from session. The |
32 | Speaker, in his or her discretion, may authorize the use of electronic signatures to facilitate the |
33 | legislative process. If the Speaker authorizes the utilization of electronic signatures by members, |
34 | the following shall apply: |
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1 | (i) Members shall be provided the option to utilize electronic signatures only by means of |
2 | a secure electronic signature procedure provided by the Speaker to the members; |
3 | (ii) An electronic signature executed pursuant to this rule shall be deemed and interpreted |
4 | as the member’s legal and binding signature; |
5 | (iii) Only a member of the House may execute an electronic signature pursuant to this |
6 | rule. A member shall be strictly prohibited to request or permit another person to execute an |
7 | electronic signature on his or her behalf. |
8 | (d)(i) All bills and resolutions shall be filed no later than February 16, 2023 27, 2025 (for |
9 | the 2023 2025 session) and February 15, 2024 12, 2026 (for the 2024 2026 session). The |
10 | provisions of this section shall not apply to city or town bills, to bills for the reinstatement of |
11 | corporate charters, to bills relating to the solemnization of marriages, to ceremonial resolutions of |
12 | congratulations or condolences, to appropriations and budget bills, or to bills to create or extend |
13 | creating or extending the reporting dates of study commissions or to bills introduced on behalf of |
14 | a study commission by the commission's chairperson or other member with the approval of the |
15 | Speaker. Further, a |
16 | (ii) A member may introduce a public bill or resolution after this date in February if one |
17 | day previous to such introduction, the member shall have notified the House of his or her |
18 | intention to introduce such bill or resolution by reading the title and giving a brief explanation of |
19 | its purpose. A member may avail himself or herself of the opportunity afforded by this rule three |
20 | (3) times only in each calendar year, but in no event after the fortieth (40th) legislative day unless |
21 | the matter is submitted with the approval of the Speaker. House Committees may, but shall not be |
22 | obligated to, hear and consider public bills or resolutions approved for introduction pursuant to |
23 | this rule. |
24 | (e) Any bill or resolution introduced on or before April 11, 2023 22, 2025 (for the 2023 |
25 | 2025 session) and on or before April 10, 2024 21, 2026 (for the 2024 2026 session): |
26 | (i) if filed after the convening of the session, shall be in order for the first reading and |
27 | where appropriate, assignment to committee, as early as the next legislative day and shall be |
28 | considered a part of the days business, provided that the Speaker may direct that any given |
29 | measure may be treated in accord with subparagraph (ii) below, and |
30 | (ii) if filed prior to the convening of the session in the instance where the desk has been |
31 | left open to receive matters, shall be in order for the first reading and, where appropriate, |
32 | assignment to committee, as early as that day. |
33 | (iii) All bills or resolutions introduced after April 11, 2023 22, 2025 (for the 2023 2025 |
34 | session) and after April 10, 2024 21, 2026 (for the 2024 2026 session) shall be in order for the |
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1 | first reading and, may be assigned to committee, as early as the day of introduction. |
2 | (iv) In the discretion of the Speaker, any bill filed after the convening of the session on |
3 | the last legislative day of any week shall also be in order for the first reading as early as the next |
4 | day and assigned to committee as if the desk were left open. |
5 | (f) The Clerk of the House shall cause the title and numbers of all bills and resolutions |
6 | introduced, along with the names of up to ten (10) co-sponsors, to be published in the House |
7 | Journal for the day on which said bill or resolution is deemed, as herein provided, to have been |
8 | introduced. |
9 | (g) Whenever a member has requested that the text of a resolution be read into the House |
10 | Journal, the Speaker may, at his or her discretion, comply with the request and have the resolution |
11 | read either during a recess, while the House is at ease or following adjournment. The decorum of |
12 | the House shall be maintained throughout the requested reading of the resolution. |
13 | (h) Members shall restrict announcements on the House floor to statements which relate |
14 | to legislative business or pertain to ceremonial events or occasions. |
15 | (8) Bills and resolutions which are of a routine, ceremonial, or non-controversial nature, |
16 | may be granted "Immediate Consideration" and brought before the body for its approval without |
17 | appearing on the printed floor calendar, with the approval of the Majority Leader, Minority |
18 | Leader, and Speaker. The representative seeking such approval shall request the permission of the |
19 | Majority and Minority Leaders and then during the floor session indicate, by activating their |
20 | recognition light, that he or she has such a matter to present before the body. The resolution or |
21 | bill will then be presented to the House clerk who shall proceed to present the matter to the |
22 | Speaker who will bring it before the body for a voice vote. At the request of the prime sponsor |
23 | and in the discretion of the Speaker, the clerk may be instructed to read the resolution to the body. |
24 | (9) In addition to the provisions allowing for "Immediate Consideration" of routine, |
25 | ceremonial or non-controversial bills or resolutions, there shall also be a consent calendar on |
26 | which may be entered such bills and resolutions as the Speaker, Majority Leader, and Minority |
27 | Leader, or their designees, shall agree upon. Matters of substance shall be placed on the regular |
28 | calendar and be fully debated and considered by the membership according to these rules. No bill |
29 | or resolution shall be included on the consent calendar on the date the consent calendar is |
30 | moved unless copies of the consent calendar in the form as it is intended to move and the same |
31 | have been made available to the membership no later than two (2) legislative days prior to the day |
32 | on which the consent calendar shall be proposed to be moved. At the request of a member any bill |
33 | or resolution may be removed from those included in the motion if the Speaker so orders. All bills |
34 | and resolutions designated for action on the consent calendar shall be passed on motion without |
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1 | discussion unless, at any time prior to the motion for passage, a member requests removal of a |
2 | bill or resolution from the consent calendar in which case such bill or resolution may be so |
3 | removed and placed on then regular calendar. Any bill or resolution appropriate for placement on |
4 | the consent calendar under these rules but so removed shall be placed on the regular calendar for |
5 | the same day and shall be considered as having appeared on the regular calendar for a period of |
6 | time equivalent to that during which it appeared on the consent calendar. |
7 | (10) (a) A member may claim the floor on a question of personal privilege for no more |
8 | than five (5) minutes to reply to criticism, or to discuss anything clearly derogatory, or |
9 | which reflects upon his or her character, or upon the House in general, that appears in the press , |
10 | but not to discuss favorable references to himself or herself. |
11 | (b) No member is permitted to attack another member of the House personally, nor to |
12 | make false statements about, or question the integrity of, another member. |
13 | Rules Pertaining to Committees |
14 | (11)(a) The following standing committees shall be appointed each year in the month of |
15 | January or as soon as convenient after the adoption of the House Rules: |
16 | A committee on conduct |
17 | A committee on corporations |
18 | A committee on education |
19 | A committee on environment and natural resources |
20 | A committee on finance |
21 | A committee on health and human services |
22 | A committee on innovation, internet and technology |
23 | A committee on judiciary |
24 | A committee on labor |
25 | A committee on municipal government and housing |
26 | A committee on rules |
27 | A committee on oversight |
28 | A committee on small business |
29 | A committee on special legislation |
30 | A committee on state government and elections |
31 | A committee on veterans’ affairs. |
32 | (b) The Speaker shall appoint all standing committees and create such other |
33 | subcommittees and committees as may be required from time to time and appoint thereto. Each |
34 | member of the House shall be entitled to membership to at least (2) standing committees, as |
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1 | appointed by the Speaker; provided, however that a member may waive this requirement upon |
2 | written notice to the Speaker. All subcommittees and committees shall have proportionate |
3 | minority membership when feasible. The Speaker, in consultation with the Minority Leader, shall |
4 | be the appointing authority for minority membership on standing committees and subcommittees |
5 | thereof, joint committees, boards and commissions. All vacancies occurring in any committee and |
6 | subcommittee after they have once been named shall be filled in like manner by the Speaker. The |
7 | Speaker, Majority Leader and Minority Leader shall be ex officio members with voting rights of |
8 | all House committees but shall not be counted for purposes of determining a quorum. The |
9 | Speaker shall have the authority to appoint the chair, first vice chair and second vice chair of each |
10 | committee. In the event that the chair of a committee is unable to serve due to incapacity for |
11 | medical or other reasons, the Speaker may appoint an acting chair for the period of such |
12 | incapacity, which acting chair shall have all of the powers and duties of the chair. The chair shall |
13 | determine all questions of procedure before the committee in cases not provided for in these rules. |
14 | (c) A committee shall not consider any bill in the absence of a quorum, which shall |
15 | consist of a majority of the committee's membership. |
16 | (d) All committee meetings shall be open to the public, but public participation shall be |
17 | limited to testimony on the matters before the committee. The chair of any committee shall have |
18 | the authority to limit the length of a witness’s testimony in order to afford all witnesses the |
19 | opportunity to be heard, to limit repetitiveness and duplication, or to maintain order and decorum. |
20 | (1) In the discretion of the chair, any witness who is a representative of a state |
21 | department, agency, or quasi-public agency appearing in their official capacity before a |
22 | committee, subcommittee or commission of the House shall, before testifying, be required to |
23 | declare that they will testify truthfully, by oath or affirmation administered by the chair, first vice- |
24 | chair or second vice-chair of the committee. |
25 | (e) It shall be the duty of the committee on finance to take into consideration all |
26 | propositions relative to the revenue, to inquire into the state of the public debt and to report from |
27 | time to time their opinion thereon and such propositions relative thereto as to them shall |
28 | seem expedient. |
29 | (f) Upon introduction of the annual state budget to the House on behalf of the Governor, |
30 | the budget shall be referred to the finance committee. Within two (2) weeks following receipt |
31 | thereof, the finance committee's fiscal advisor shall provide to each member of the House a |
32 | concise summary of budget issues. Within three (3) weeks following the receipt of the budget, |
33 | the committee shall schedule such meetings as it deems necessary to receive comment on the |
34 | budget as a whole from all House members who wish to appear before it for that purpose. |
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1 | (g) The Speaker may appoint from time to time subcommittees of a given standing |
2 | committee, which shall consist only of members of the committee from which it was appointed. |
3 | The chair of each standing committee shall be considered a member of each subcommittee of |
4 | such committee. Each subcommittee may hear testimony on bills and resolutions falling within |
5 | the subject matter of its charge and shall report to the committee from which it was appointed. |
6 | Subcommittees will otherwise conduct themselves in conformity with these rules. The Speaker |
7 | shall appoint the chair of each subcommittee. |
8 | (12)(a) Committees shall take into consideration all such petitions, resolves, bills, matters |
9 | or things as may be referred to them by the House with power to report by bill or otherwise; |
10 | provided, however, that committees shall, whenever possible, consider all bills of substantially |
11 | the same or of a similar nature at the same time in a manner that is otherwise in conformity with |
12 | these rules. |
13 | (1) Any bill filed before or after the 40th legislative day, but subsequent to the hearing of |
14 | a group of bills on the same subject matter pursuant to Rule 12(a), may or may not be assigned |
15 | for hearing if it appears from the subject matter that the issues presented would be substantially |
16 | similar to those matters already heard, even if a bill hearing request is filed pursuant to Rule |
17 | 12(e). If heard, the chair of the committee may limit the testimony to those issues not addressed |
18 | in the previous bill hearing. |
19 | (b) A committee shall not consider any public bill or resolution not previously distributed |
20 | in print or electronically to its members except by a vote of the majority of the members of the |
21 | committee. |
22 | (c) The Chair of every committee shall post, in print and electronically, at least forty- |
23 | eight (48) hours prior to any committee meeting, a list by number and title of the bills |
24 | and resolutions to be heard at that meeting. Such postings shall be made electronically and on the |
25 | Legislative Data Bulletin Board. The electronic posting shall be considered the official date of the |
26 | posting. In the event that the electronic posting system is inoperable then the official posting shall |
27 | be posted on the Legislative Data Bulletin Board. The Chair shall limit such listings to the |
28 | number of bills or resolutions he or she reasonably expects can be taken up by the committee at |
29 | that meeting. Any bill or resolution so posted which the committee is not able to take up at the |
30 | stated meeting must be re-posted as stated above. Such postings shall be made electronically, and |
31 | on the Legislative Data bulletin board. Copies of all posted bills or resolutions shall be provided |
32 | in print or electronically to all committee members and principal sponsors. A committee shall not |
33 | hear any said bill or resolution without such notice except by the consent of a majority of its |
34 | members and with at least one (1) day's notification to the principal House sponsor. The sponsor |
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1 | may, however, waive such one-day notification. The time requirements of this section shall not |
2 | apply to House bills returned from the Senate with amendment, or, after the 50th legislative day, |
3 | to any bill originating in the Senate. |
4 | (d) Every standing committee shall meet at least once weekly if any requests for hearings |
5 | on or consideration of bills or resolutions are pending before it. The right to be heard on any such |
6 | bill or resolution may be granted, upon written or electronic request, to the principal sponsor as |
7 | provided in these rules. No committee shall hear more than thirty (30) bills (exclusive of city and |
8 | town bills, corporate charter reinstatement bills, those to be placed on the consent calendar, and |
9 | duplicate senate bills that have previously passed) at any one (1) meeting. |
10 | (e) Upon receipt of a written request from the principal House sponsor of a bill or |
11 | resolution, a copy of which is to be given to the recording clerk of the committee, the committee |
12 | shall grant to said principal House sponsor a hearing on any said bill or resolution within thirty |
13 | (30) calendar days of the request, subject to Rule 12(a), and provided further, that said committee |
14 | shall grant to the principal House sponsor consideration of his or her bill or resolution prior to the |
15 | deadline for committee action on such bill or resolution, also subject to Rule 12(a). The principal |
16 | sponsor, with the concurrence of the Chair, may cancel a scheduled hearing with twenty-four (24) |
17 | hours’ notice to the Chair, which notice shall be posted electronically. The Chair may cancel a |
18 | bill hearing at any time, with the approval of the Speaker if in the Chair's discretion the bill is not |
19 | ready to be heard in the committee. A hearing postponed twice at the sponsor’s request need not |
20 | be re-scheduled, and shall also be subject to Rule 12(a). For the purpose of the rule, consideration |
21 | shall mean a majority vote on one (1) of the following: |
22 | (i) a motion to report the bill or resolution to the House with a recommendation of |
23 | passage; |
24 | (ii) a motion to report the bill or resolution as amended, or in substitute form, to the |
25 | House with a recommendation of passage; or |
26 | (iii) a motion to report the bill or resolution to the House without recommendation; or |
27 | (iv) a motion to report the bill or resolution to the House with a recommendation of no |
28 | passage; or |
29 | (v) a motion to report the bill or resolution to the House with a recommendation that it be |
30 | held for further study. |
31 | In the event of a tie vote on any of the motions specified in (i), (ii), (iii), (iv) or (v) |
32 | hereof, the bill or resolution shall be lost. |
33 | The originals of bills or resolutions which have failed in committee shall be transmitted |
34 | by the committee clerks to the Secretary of State for the State Archives, with an appropriate |
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1 | notation thereon at the time specified in R.I.G.L. |
2 | (f) Committee Chairs shall bring reports of committee actions to the floor no later than |
3 | two (2) weeks following the committee votes thereon, provided that this shall not apply to the |
4 | Committee on Finance, nor shall it apply to bills being held for further study under subdivision |
5 | (e)(v). A committee member may move reconsideration of any vote taken under Rule 12(e)(i)-(iv) |
6 | so long as the bill or resolution which was the subject of the vote remains in the possession of the |
7 | committee and that the motion is made by a member voting in the majority. A motion to |
8 | reconsider in committee shall not be debated. |
9 | Bills or resolutions concerning appropriations, revenue or expenditures shall not be |
10 | subject to the above time limits. |
11 | (g) In the event a committee fails to afford consideration to any bill or resolution within |
12 | the prescribed time where such consideration has been properly requested, and where no other |
13 | exceptions or considerations apply by the rules herein, the principal sponsor may report such |
14 | failure in writing to the Speaker of the House and the Speaker thereupon may order the immediate |
15 | discharge of the bill or resolution from a committee to the House floor. |
16 | (h) All bills or resolutions reported from committee shall be placed on the calendar or, |
17 | pursuant to the restrictions of these rules, on the consent calendar for the required period of time |
18 | according to these rules before House consideration. Bills and resolutions reported from |
19 | committees and received by the Clerk of the House prior to the convening of the session on a |
20 | given legislative day shall be deemed to have been received, and therefore in order to be placed |
21 | upon the appropriate calendar, as of that day. Bills and resolutions so received after the convening |
22 | of the session on a given legislative day shall be deemed to have been received, and therefore in |
23 | order to be placed upon the appropriate calendar, on the next legislative day and shall be |
24 | considered a part of that day’s business. |
25 | House Rule 12(e) regarding the necessity to hold a hearing at the sponsor’s request |
26 | through 12(h) pertaining to the timing of placing a bill onto the floor calendar shall not apply to |
27 | any bill or resolution which shall have originated in the Senate. |
28 | (i) No public bill or resolution which originated in the House shall be considered by a |
29 | House committee unless the committee has held a hearing on that bill or resolution by April 11, |
30 | 2023 22, 2025 (for the 2023 2025 session) and on or before April 10, 2024 21, 2026 (for the 2024 |
31 | 2026 session), and thereafter the committees of the House shall not consider public bills or |
32 | resolutions except those which have been acted upon by the Senate and transmitted by the Senate |
33 | to the House of Representatives, provided however, that the committee on finance may hear and |
34 | consider such House bills, acts or resolutions as it deems to have a fiscal impact after April 11, |
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1 | 2023 22, 2025 (for the 2023 2025 session) and after April 10, 2024 21, 2026 (for the 2024 2026 |
2 | session), except as provided in section (j) hereof, and provided further, that each other |
3 | House committee may complete consideration of not more than three (3) House bills or |
4 | resolutions after such date, on which such committee had not been able to complete action, upon |
5 | approval by the Speaker of a written request from the Chair. All such requests must be filed with |
6 | the Clerk of the House no later than April 11, 2023 22, 2025 (for the 2023 2025 session) and on |
7 | or before April 10, 2024 21, 2026 (for the 2024 2026 session). The provisions of this paragraph |
8 | shall not apply to House bills of which Senate duplicates have passed the House. |
9 | (j) No House bill which relates to an individual's pension or retirement shall be accepted |
10 | as a committee report from the committee on finance unless it shall have been considered by the |
11 | committee on or before April 11, 2023 22, 2025 (for the 2023 2025 session) and on or before |
12 | April 10, 2024 21, 2026 (for the 2024 2026 session), and shall have been heard in the committee |
13 | no later than one (1) week prior to that date. |
14 | (k) Transfers –The Speaker or the Speaker’s designee may direct the transfer of a bill or |
15 | resolution from one committee to another at any time. The committee receiving the transferred |
16 | bill or resolution must comply with the posting and time requirements of this section. |
17 | (l) Members of a committee shall, if present, cast a vote on legislation before the |
18 | committee, unless prior to the discussion of the bill and vote, the member has recused in |
19 | accordance with the provisions of the Code of Ethics, RIGL §36-14-6. The member shall sign a |
20 | recusal form, and the Clerk of the Committee shall note the member's recusal on the bill vote |
21 | sheet. |
22 | (m) Any proposed committee amendment to a bill, in a substitute amended bill format, |
23 | shall be posted in print and electronically by the chair of the committee hearing the bill at least |
24 | twenty-four (24) hours prior to its committee consideration. Such postings shall be made on the |
25 | legislative data bulletin board and electronically. The electronic posting shall be considered the |
26 | official date of the posting. In the event that the electronic posting system is inoperable, then the |
27 | official posting shall be posted on the legislative data bulletin board. The chair of the committee |
28 | may waive this twenty-four (24) hours posting requirement, if he or she deems the proposed |
29 | amendment either technical, grammatical, or not substantive or substantial in nature. This section |
30 | shall not apply to the budget bill. |
31 | (13)(a) Committees shall keep a permanent record of their written submissions and of |
32 | their voting tally sheets, and the same shall be public records and available to any member and to |
33 | any person within two (2) legislative days upon written request. |
34 | (b) Each committee shall file with the Clerk of the House and with legislative data |
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1 | services a list of all measures on which formal action was taken and a copy of the recorded vote |
2 | tally on each such measure. |
3 | (c) The Speaker shall formulate a plan for the publication of committee votes and work to |
4 | implement the plan so committee votes appear online in a prominent and conspicuous location on |
5 | the General Assembly website prior to the floor votes of the bill occurring. |
6 | (d) The Speaker, wherever feasible with the confines of existing room availability and |
7 | personnel levels, shall direct Capitol Television to broadcast committee hearings live on Capitol |
8 | Television or, in the instance where committees are meeting on the same day and time, record the |
9 | hearings for broadcast on a delayed basis. Committee hearings dealing with the expenditure of |
10 | public funds shall be given priority for live broadcast. Chairs of the various committees are |
11 | authorized to make a request of the Speaker, or the Speaker’s designee, to broadcast their |
12 | respective committee hearings on Capitol Television if they believe an agenda item is of |
13 | particular importance or interest. |
14 | (e) All committee hearings shall be audio recorded or video recorded with audio. |
15 | Rules Pertaining to Bills and Petitions |
16 | (14)(a) No bill or resolution shall be considered or acted upon by the House if objection |
17 | is made unless the same has been considered by, reported, or recalled from a committee thereof, |
18 | from a joint committee, or by two-thirds (2/3) of members present. This rule shall not apply to a |
19 | House Bill of which the Senate duplicate has passed the House, and provided further that the |
20 | Speaker may at any time order a duplicate bill received from the Senate, or any Senate bill after |
21 | the budget bill shall have passed the House, onto the calendar. |
22 | (b) When a bill or resolution is postponed indefinitely, the same shall not be acted upon |
23 | again during the session. |
24 | (c) No bill or resolution shall be passed or concurred in without two (2) readings. The |
25 | first reading shall take place by acceptance of the bill or resolution and publication in the House |
26 | Journal and the second after it has been placed upon the calendar. No bill or resolution upon the |
27 | calendar shall be taken up for consideration unless copies thereof, in the form in which it was |
28 | reported from committee, shall have been made available in print or electronically to the |
29 | members no later than the rise of the House on the legislative day before the day on which it shall |
30 | be in order for consideration. No matter of business on the calendar shall be considered upon its |
31 | merits prior to the legislative day after it shall have been placed on the calendar except by vote of |
32 | the majority of the members present and voting. The provisions of this paragraph shall not apply |
33 | to Senate bills received by the House which are duplicates of House bills. Those bills passing out |
34 | of committee on the last legislative day of the week shall be in order for placement on the |
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1 | calendar or consent calendar as early as the first legislative day of the next week. |
2 | (d) No more than fifty (50) public bills shall be considered upon their merits during any |
3 | one (1) legislative day and no bill shall be brought before the body after 10:30 p.m., provided, |
4 | however, that House bills returned from the Senate, Senate bills which are duplicates of and |
5 | identical to House bills, corporate charter revocation bills, and solemnization of marriage bills |
6 | and bills removed from the consent calendar may be considered notwithstanding this limit. |
7 | Provided further, that Senate bills which are duplicates of and identical to House bills, and House |
8 | bills returned from the Senate, may without objection be bundled and passed by one vote |
9 | provided that they are provided to members electronically prior to consideration. In the case of |
10 | bundled bills that contain identical and duplicate Senate bills, at the request of the Majority and |
11 | Minority Leaders the House journal will reflect that the vote of the members on the bill is |
12 | consistent with his or her vote on the duplicate House bill previously passed. Prior to the vote on |
13 | a duplicate bill, it should be stated for the record and be made known to the body that the bill is |
14 | identical. |
15 | (e) The budget bill shall be prepared by Legislative Council. The budget bill shall not be |
16 | considered by the House unless copies thereof as approved by the finance committee have been |
17 | available to the members for seven (7) calendar days. For the purposes of calculating the seven |
18 | (7) day requirement, the day of passage by the Finance Committee shall not be counted but the |
19 | scheduled day for floor action shall be included in the calculation. No amendment which is |
20 | intended to make a substantive change in the budget bill may be offered other than by the Chair |
21 | of the finance committee, except with the agreement of two-thirds (2/3) of the members present, |
22 | unless the text thereof shall have been submitted to the Legislative Council and made available to |
23 | the members not less than two (2) calendar days prior to the day on which the budget bill shall |
24 | be in order for consideration. |
25 | (f) An amendment which was germane when prepared, and which was offered in a timely |
26 | fashion, but is no longer germane because of an intervening amendment, may, with the agreement |
27 | of the Majority Leader and Minority Leader, be revised orally or in writing by the sponsor |
28 | without renewed compliance with the requirements hereof. |
29 | (g) After the 50th legislative day, bills or resolutions received back from the Senate with |
30 | amendments requiring House concurrence shall, with the agreement of the House sponsor and the |
31 | Majority Leader, be placed on the calendar in order for the day upon which they are received or |
32 | any day thereafter. |
33 | (15)(a) There shall be attached to every public bill or resolution when first introduced an |
34 | explanation of such bill or resolution indicating the proposed changes, and/or the statute or |
| LC000397/SUB A - Page 12 of 28 |
1 | existing law which such bill or resolution purports to amend. |
2 | (b) When any bill or resolution is offered which is intended to amend any part or parts of |
3 | an existing statute, or the Constitution of the State of Rhode Island, or the House Rules, any part |
4 | or parts intended to be stricken shall be contained in the bill or resolution and shall be crossed |
5 | out. All new matter contained in the bill or resolution shall be underlined, so that the new matter |
6 | may be easily discerned. Existing language not intended to be amended shall be |
7 | reproduced without change. In the discretion of Legislative Council in drafting a bill pursuant to |
8 | section (d) of this rule, or upon the request for a Sub A from the Chair of the committee where the |
9 | bill is assigned, additional sections of law that are not being amended may be included in the |
10 | explanation to the bill to add context to the changes made in the statutes the bill amends. |
11 | (c) "Public bill" shall include all bills or resolutions which in any way have general |
12 | application throughout the state or which are of a nature for which the constitution requires |
13 | special treatment, and bills which relate to an individual's pension or retirement benefits. Bills or |
14 | resolutions of a private or local nature shall not be considered "Public bills" and shall include: |
15 | those which pertain to a particular city or town or local entity; those making claims against the |
16 | state; those which pertain to private corporation charters and amendments thereto and restoration |
17 | thereof, and to amendments to authorize holdings by non-profit organizations of a charitable, |
18 | civic, library or like nature; resolutions memorializing congress, or of congratulations or |
19 | expressing sympathy or condolences; resolutions requesting the several departments of state |
20 | government to grant some privilege, consideration or relief; and others of like private and local |
21 | nature. |
22 | (d) All bills and resolutions, private as well as public, and all proposed amendments |
23 | thereto, shall be prepared by the Legislative Council, and the Clerk of the House may decline to |
24 | accept for introduction any bill, resolution or transmittal not in conformity herewith. Once |
25 | introduced and referred, all bills and resolutions shall be printed and made available |
26 | electronically, except resolutions of congratulation and condolence. The Legislative Council may |
27 | decline to accept for drafting any proposal for an amendment submitted to it later than 12:00 p.m. |
28 | on the day on which the bill or resolution to be amended is to be heard, provided that the Speaker |
29 | or his or her designee may waive this restriction. |
30 | (e) All bills and resolutions which have been introduced at the request of one of the |
31 | general officers or any department or agency or from the judicial branch shall bear a stamp or |
32 | designation indicating such request. |
33 | (i) Upon presentation of testimony before a committee, the prime sponsor of a bill or |
34 | resolution shall provide to the committee the name of any individual, group or organization |
| LC000397/SUB A - Page 13 of 28 |
1 | responsible for the substantive basis or text of the bill. |
2 | (f) A prime sponsor may withdraw a bill or resolution previously introduced at any time, |
3 | upon written request to the Clerk of the House on a form which the Clerk of the House shall |
4 | provide. |
5 | (g)(i) In the event a bill is amended or substituted by a committee for floor action, the |
6 | sponsor or sponsors of that bill may elect, in writing, to have their names disassociated from said |
7 | bill and the committee report shall reflect this election and it shall be reflected in the House |
8 | journal. |
9 | (ii) A co-sponsor of a bill or resolution may remove his or her name from a bill or |
10 | resolution at any time prior to its passage upon written notice to the clerk. If the co-sponsor is |
11 | listed electronically as one of the sponsors, such change in sponsorship shall be amended online |
12 | as well as reflected in the House journal. |
13 | (iii) A member may request of the Speaker to be listed as a co-sponsor on any bill or |
14 | resolution assigned to any committee, provided that the member makes the request of the Speaker |
15 | and actually signs the bill prior to the first hearing on the bill in committee. |
16 | (h)(i) A bill or resolution may be pre-filed by any member or member-elect with the |
17 | Clerk of the House at any time from November 15 to the day prior to the commencement of the |
18 | regular annual session. The clerk shall order it printed by Legislative Council, and make it |
19 | available for the first reading on the second day of the succeeding session. |
20 | (ii) Only the bills or resolutions filed by members elected and qualified shall receive the |
21 | first reading. |
22 | (iii) In the event that any member or member-elect shall die after filing and before the |
23 | first reading, the death of the member or member-elect shall constitute automatic withdrawal of |
24 | said bill or resolution; provided, however, that where a bill or resolution shall have had more than |
25 | one sponsor, said bill or resolution and number shall not be withdrawn and the member whose |
26 | name appears second on the bill or resolution shall become the prime sponsor. |
27 | (16) No measure without a body or substantive content shall be accepted at any time, nor |
28 | shall a substitute bill be accepted which is not consistent with the title and substance of the |
29 | original bill. No motion or proposition of a subject different from that under consideration shall |
30 | be admitted under color of amendment. |
31 | (17)(a) No amendment to a pending bill or resolution may be considered by the House, |
32 | except by unanimous consent, unless the text of the amendment shall be on the desks of the |
33 | members in typed form or accessible electronically. |
34 | (b) When an amendment proposed to any pending measure is laid on the table, it shall not |
| LC000397/SUB A - Page 14 of 28 |
1 | be construed to be a motion to table the measure on which the amendment has been offered. |
2 | (c) The motion to lay on the table and the motion to take from the table shall be non- |
3 | debatable; provided, however, that the mover of an amendment shall be allowed two (2) minutes |
4 | to reply when a motion is made to table his or her amendment; whereupon the Speaker shall put |
5 | forward the question on the motion to table. |
6 | (18) Amendments, articles or sections of the State budget shall concern only |
7 | appropriations, expenditures, revenue or matters related thereto. |
8 | (19) Except with respect to present and former members of the General Assembly, |
9 | general officers, members of the judiciary, and elected state and federal officials, all expressions |
10 | in the nature of condolences and in the nature of congratulations may be presented in omnibus |
11 | resolutions which shall not require concurrent action and which, upon passage, shall be forthwith |
12 | transmitted to the Secretary of State. |
13 | (20)(a) No petition to discharge a bill or resolution from Committee shall be appropriate |
14 | for presentation until after the fiftieth (50th) legislative day and until the bill or resolution shall |
15 | have been in the possession of the Committee for no less than sixteen (16) legislative days. On |
16 | any day after those requirements have been met, the prime sponsor of a bill or resolution may |
17 | present a petition in writing to discharge the committee from further consideration of a public bill |
18 | or resolution which has been referred to a committee, and by no other procedure, but only one |
19 | petition may be presented for a public bill or resolution during the course of a session. The |
20 | petition shall be placed in the custody of the recording clerk of the House who shall arrange |
21 | some convenient place for the signatures of the members to be placed thereon in the presence of |
22 | the recording clerk. A signature may be withdrawn by a member at any time before the petition |
23 | receives sufficient signatures to become effective, and such petitions shall become effective, and |
24 | shall serve to discharge a committee from further consideration of the public bill or resolution, |
25 | and shall cause said public bill or resolution to be placed upon the calendar for action, when any |
26 | thirty-eight (38) representatives shall have affixed their signatures thereto, provided, however, |
27 | that if, after the bill or resolution is calendared but before it is taken up, enough signatures are |
28 | withdrawn so that the number of effective signatures falls below thirty-eight (38), the bill or |
29 | resolution shall pass off the calendar. |
30 | (b) At the time the petition is properly submitted to the clerk of the House, a notation |
31 | shall be added to the bill status/history section for that particular legislation as it appears online. |
32 | (c) During House consideration of any discharged public bill or resolution, no motion to |
33 | recommit or lay on the table shall be entertained by the Speaker until every member desiring to |
34 | be heard has been recognized. |
| LC000397/SUB A - Page 15 of 28 |
1 | (21) No vote or act which has been passed by the House shall be sent by the clerk to the |
2 | Senate or to the Governor before the expiration of the time limit for its reconsideration, except |
3 | where the Speaker has ordered the transmittal and no objection is stated by a member, or in a case |
4 | where an objection is stated the objection to transmittal is supported by a majority of those |
5 | members who voted on the matter |
6 | Rules Pertaining to Decorum and Debates |
7 | (22) When any member desires to speak in debate, or to deliver any matter to the House, |
8 | the member shall activate his or her recognition button, and when recognized from the rostrum |
9 | rise and proceed by respectfully addressing the Speaker. Debate shall be confined to the matter |
10 | before the House. No member shall be permitted to ask, nor shall the Speaker entertain, any |
11 | question not directly related to the matter before the House. |
12 | (23) When two (2) or more members seek to be recognized as indicated by activation of |
13 | their recognition buttons, the Speaker shall select the member who is to speak first. |
14 | (24) No member, exclusive of the Majority and Minority Leaders, the principal sponsor |
15 | or floor manager, or the chair of the committee from which the bill or resolution was reported, |
16 | shall speak more than twice to the same question without the leave of the House, nor more than |
17 | once until every member choosing to speak shall have spoken, nor for longer than five (5) |
18 | minutes without the leave of the House. |
19 | (25) If any member, in speaking or otherwise, transgresses any rule of the House, the |
20 | Speaker shall, or any member may, call him or her to order, in which case the member called to |
21 | order shall immediately sit down, unless permitted by the Speaker to continue and the House |
22 | shall, if appealed to, decide on the case but without debate. If the reading of any printed or written |
23 | paper be objected to, it shall be determined by the Speaker, and the House, if appealed to. |
24 | (26) While the Speaker is putting any question, or addressing the House, or when a |
25 | member is speaking, none shall entertain private discourse in person or by phone, nor |
26 | walk between the member who is addressing the Speaker and the chair. At no time while the |
27 | House is in session on the floor or in committee shall any person use cell phones or cause |
28 | disruption by any other means. |
29 | (27) When a motion is made and seconded, it shall be stated by the Speaker, or, being in |
30 | writing, shall be handed to the Speaker and read by the Clerk of the House before debate. Any |
31 | motion shall be reduced to writing before debate whenever the Speaker shall so direct. |
32 | (28) Any bill or resolution of more than one section shall be passed upon by section, |
33 | at the request of any member. With the leave of the Speaker, a section that is susceptible of |
34 | division shall be divided and put separately upon the propositions of which it is compounded, but |
| LC000397/SUB A - Page 16 of 28 |
1 | a motion to strike out and substitute shall not be divided. |
2 | (29) After a motion is stated by the Speaker, or read by the clerk, it shall be deemed to be |
3 | in possession of the House, but any motion may be withdrawn by the mover at any time before a |
4 | decision or amendment. |
5 | (30) When a question is under debate no motion shall be received except: to adjourn, for |
6 | the previous question, to take a recess, to lay on the table, to fix a time for closing debate, to |
7 | postpone indefinitely, to postpone to a day certain, to recommit, or to amend. The motions for any |
8 | of the above actions shall have precedence in the order in which they are here arranged. |
9 | (31) When a time for a meeting of the House shall have been previously fixed upon, a |
10 | motion to adjourn shall be always in order. Motions to take from the table, to reconsider, for the |
11 | previous question, to take a recess, to adjourn, and for the vote, shall be decided without debate. |
12 | Motions to lay on the table shall also be non-debatable except that the mover of an amendment |
13 | shall be allowed two (2) minutes to reply when a motion is made to table his or her amendment as |
14 | referenced in Rule 17(c). |
15 | (32) No member shall vote on any question of private property in the event of which he |
16 | or she is immediately and particularly interested. |
17 | (33)(a) No member shall speak or vote, unless within the bar of the House and at his or |
18 | her seat, except as hereinafter provided. No member may vote for another member, nor activate |
19 | another member's voting machine except by the express direction of that member who is present |
20 | in the House chamber. No one may occupy the vacant seat of a member. Every member who shall |
21 | be in his or her seat in the House Chamber when the question is put, shall give his or her vote, |
22 | unless prior thereto the Speaker shall have excused him or her in accordance with the provisions |
23 | of the Code of Ethics statute (RIGL § 36-14-6). Members seeking to recuse themselves on |
24 | legislation before the full House must file a written request for recusal, if they are present when |
25 | the House takes action on the bill, and the journal shall reflect such recusal with the letter "R." |
26 | (b) When a violation of Rule 33(a) in regard to voting is alleged in writing by a member, |
27 | the Speaker may refer said written allegation to the committee on conduct to investigate, hold |
28 | hearings, ascertain the facts and report its findings and recommendation to the House, which may |
29 | then take appropriate action including but not limited to expulsion as authorized by Article 6, |
30 | Section 7 of the Constitution of the State. |
31 | (c) The electronic voting machine of any member not present when the quorum is called |
32 | shall remain locked until the member has notified the recording clerk of his or her presence. Upon |
33 | late arrival but prior to adjournment, a member may report his or her presence to the recording |
34 | clerk which shall be recorded in the journal. |
| LC000397/SUB A - Page 17 of 28 |
1 | (d) Any member who leaves the floor before adjournment for the remainder of that day's |
2 | session shall report to the recording clerk prior to his or her departure. The recording clerk will |
3 | then lock the electronic voting machine of that member. |
4 | (e) The Speaker may authorize a member to vote at session by limited-directed proxy if |
5 | the member is unable to be physically present in the chamber due to a health or medical |
6 | condition. After five (5) three (3) or more consecutive absences or if a member anticipates three |
7 | (3) or more consecutive absences due to a health or medical condition, a member may provide a |
8 | written request to the Speaker for authorization to vote by proxy pursuant to this rule. The |
9 | Speaker may require that the member provide documentation from a physician verifying that the |
10 | member is unable to be physically present at session, and the Speaker may limit the duration of |
11 | authorization under this rule. Authorization to vote by proxy pursuant to this rule shall be |
12 | reported in the House Journal and shall be conducted in accordance with the procedure provided |
13 | in rule 47 (b). |
14 | (34)(a) The electronic voting system may be used to record attendance and quorums, and |
15 | at the direction of the Speaker, to record those members seconding any motion, request, or item. |
16 | It shall be used to record all votes on public bills and votes on rule changes and suspensions. It |
17 | shall be used for other votes by request of a member at the discretion of the Speaker. The results |
18 | of all votes recorded electronically shall be reported in both the House journal and, as it pertains |
19 | to votes on bills, reflected in a prominent and conspicuous place on the General Assembly |
20 | website. The procedure for the recording of such votes online shall be determined by the Speaker |
21 | and reported to the body. |
22 | (b) In the event the machine is not to be used or is not operating properly, all votes and |
23 | other determinations may be taken as otherwise required by House rules, either by voice vote, |
24 | division vote or by calling the roll alphabetically and recording the ayes and nays. If a |
25 | member's voting device is out of order, he or she shall rise and announce it to the presiding |
26 | officer and call his or her vote orally prior to the declaration of the result of the vote. Every |
27 | member may vote providing he or she is in the chamber of the House at the time the vote is in |
28 | progress and before the machine is locked. |
29 | (c) The electronic voting system shall be under the control of the presiding officer and |
30 | shall be operated by such personnel as the Speaker of the House so designates. At a reasonable |
31 | time, prior to any vote being taken, the presiding officer shall announce that a vote is about to |
32 | be taken. When any member other than the Speaker of the House is presiding, he or she shall |
33 | direct the voting clerk to record his or her vote as if cast at his or her voting station. Until the |
34 | completion of the voting, no member shall be recognized, and no other business shall be |
| LC000397/SUB A - Page 18 of 28 |
1 | transacted. |
2 | (d) When sufficient time has elapsed for each member to vote, the presiding officer shall |
3 | order the machine locked and activate the recording process. When the vote is completely |
4 | recorded, the clerk shall advise the presiding officer of the result; and the presiding officer shall |
5 | announce the result to the House and the result shall be recorded in the journal. No vote may be |
6 | changed after the system has been locked and the vote recorded, unless a member requests a |
7 | change, without objection from any other member, during the same session that the vote was |
8 | recorded. |
9 | (e) When a division is called for, those in the affirmative or the negative, as the case may |
10 | be, shall cast their votes accordingly and the voting clerk shall activate the recording equipment |
11 | so as to reflect only the numerical count. When the vote is completely recorded, the clerk |
12 | shall advise the presiding officer of the result; and the presiding officer shall announce the result |
13 | to the House. (In the event the electronic voting system is not operating properly, the division |
14 | vote shall be conducted as otherwise provided in House rules). |
15 | (f) After the question has been put, but before the system is locked, any member may call |
16 | for a statement of the question. |
17 | (g) While the presiding officer is putting the question, or the vote is being recorded, no |
18 | member shall speak or leave his or her place. After a vote has been ordered there shall be no |
19 | debate whatever. |
20 | (h) In case of a tie vote the question shall be lost. |
21 | (35) There shall be a motion for the previous question, also known as moving the |
22 | question, which shall always be in order and which shall not be debated, and which may be |
23 | moved and ordered upon any bill or section thereof, amendment, motion, resolution or question |
24 | which is debatable, any of which shall be considered as the main question for the purpose of |
25 | applying the previous question. When a motion for the previous question has been made, no other |
26 | motion shall be entertained by the Speaker until it has been put to the House and decided. All |
27 | incidental questions of order arising after a motion for the previous question has been made, and |
28 | before the vote has been taken on the main question, shall be decided whether on appeal or |
29 | otherwise without debate. When the previous question has been ordered, a motion to reconsider |
30 | such vote shall not be in order, and no motion to adjourn or take a recess while a quorum is |
31 | present shall be entertained between the taking of such vote and the taking of the vote on the main |
32 | question. Ten (10) minutes shall be allowed for further debate upon the main question during |
33 | which no member shall speak more than three (3) minutes, and a further period of ten |
34 | (10) minutes, if desired, shall be allowed for debate to the member introducing the bill or question |
| LC000397/SUB A - Page 19 of 28 |
1 | to be acted upon, or to the member or members to whom he or she may yield the floor, at the |
2 | close of which time, or at the close of the first ten (10) minutes, in case the introducer does not |
3 | desire to so use his or her time, the vote on the main question shall be taken. If incidental |
4 | questions of order are raised after the previous question has been ordered, the time occupied in |
5 | deciding such question shall be deducted from the time allowed for debate. |
6 | (36) When any vote is passed, any member voting in the majority may move |
7 | to reconsider on the same or a subsequent legislative day, if the matter has not been previously |
8 | transmitted to the proper party. A motion to reconsider shall not be debated and once a motion for |
9 | reconsideration has been decided, the motion itself shall not be reconsidered. |
10 | (37)(a) The presiding officer may refer to "Mason's Manual of Legislative Procedure," |
11 | most recent edition, published by the National Conference of State Legislatures, for guidance as |
12 | to procedure on the floor of the House in all cases in which its provisions are not inconsistent |
13 | with applicable law or these rules. |
14 | (b) A point of order is the parliamentary device used to require a deliberative body to |
15 | observe its own rules and to follow established parliamentary practice. A point of order is proper |
16 | during a floor debate when a member questions whether there has been a breach of order or of the |
17 | rules. The person speaking at the time a point of order is raised, shall be instructed by the |
18 | presiding officer to stop speaking until the point of order is stated and the issue is resolved. The |
19 | Speaker shall not entertain one point of order while another is pending. A point of order must be |
20 | raised at the time the particular question is pending. No member shall be permitted to present |
21 | argument under the guise of a point of order, a point of parliamentary inquiry, or a question. No |
22 | member shall resort to persistent irrelevance or persistent repetition. |
23 | Rules Pertaining to Admission to the Floor |
24 | (38)(a) No person or persons, except currently elected members of the general assembly, |
25 | legislative staff assigned by the Speaker or Minority Leader and authorized representatives of |
26 | the public press shall be admitted to the floor of the House during the session thereof, except by |
27 | the approval of the Speaker for a designated purpose. The Speaker may make special provision |
28 | for admission to the floor of the House during the session thereof for persons, who by reason of |
29 | disability, are unable to gain access to the House galleries. All persons so admitted by the Speaker |
30 | to the floor of the House during the session thereof shall be present for the sole purpose of |
31 | observing the proceedings of the House and shall remain seated, refrain from conversation, and |
32 | maintain the decorum of the House. No person so admitted shall contact, address, speak or |
33 | gesture to, or communicate in any way with any House member while present on the floor of the |
34 | House. No person on the floor of the chamber shall dress in a manner offensive to the decorum of |
| LC000397/SUB A - Page 20 of 28 |
1 | the House. Any House member who observes conduct in violation of the House Rules |
2 | shall immediately notify the Speaker thereof and the Speaker shall forthwith take appropriate |
3 | corrective action and may order the removal of the offending person. |
4 | (b) During House sessions, admission to the House lounge is limited to currently serving |
5 | members, and staff of the General Assembly authorized by the Speaker |
6 | (c) Complimentary items, souvenirs and gifts of food shall not be placed upon members' |
7 | desks nor delivered to the floor of the House or to members' mailboxes. |
8 | (39) Authorized representatives of the public press may be admitted by the Speaker to the |
9 | floor of the House and assigned seats under such regulations as he or she may from time to time |
10 | prescribe. Such press representatives as shall be admitted shall have no privilege upon the floor |
11 | other than to pass to and from the seats assigned to them. |
12 | Miscellaneous Rules |
13 | (40) In the event of the calling of an extraordinary session of the General Assembly by |
14 | the Governor, or a reconvened session by the Speaker of the House or the President of the Senate, |
15 | said session shall be conducted pursuant to the foregoing rules; provided, however, that the |
16 | requirement for prior posting of bills by committees, the limitation on consideration of House |
17 | bills by House committees, the prohibition on reading a bill a second time on the same day it was |
18 | given first reading and the two (2) day calendar requirement and the deadline for |
19 | new introductions shall not be applicable during such extraordinary sessions, and provided further |
20 | that any bill or resolution for consideration of which the session is called shall have been |
21 | provided electronically to the members at least twenty-four (24) hours prior to the opening of |
22 | the session. |
23 | (41) The procedure to be followed in consideration by the House of a motion to override |
24 | the Governor’s veto of a bill or resolution (whether at an extraordinary or reconvened session as |
25 | contemplated in Rule 40 or at a regular session of the House) shall be as follows: The Governor’s |
26 | objections to the bill or resolution shall be entered into upon the House Journal as required by the |
27 | Rhode Island Constitution, Article 9, Section 14. The Governor’s objections shall be made |
28 | available to the members in written form or electronically, and upon the request of any member |
29 | shall be read aloud by the Clerk of the House. Each of the following: the prime sponsor of the bill |
30 | (in the case of a House bill), the Minority Leader and the Majority Leader may, if he or she |
31 | wishes, and in the order specified, speak for no more than five (5) minutes. Thereupon the House |
32 | shall immediately proceed to a vote as prescribed in the Rhode Island Constitution, Article 9, |
33 | Section 14, and such vote once taken shall not be the subject of a motion to reconsider. If the bill |
34 | or resolution shall have passed notwithstanding the veto of the Governor, the same shall be |
| LC000397/SUB A - Page 21 of 28 |
1 | immediately transmitted to the Senate or to the Secretary of State as may be appropriate. |
2 | (42)(a) Once adopted by a majority of the body present and voting, no rule shall be |
3 | repealed or amended, except by two-thirds (2/3) of the members voting. |
4 | (b) A rule may be temporarily suspended with the consent of the Majority and Minority |
5 | Leaders or by a vote of two-thirds (2/3) of the members voting except that in no case shall the |
6 | rules pertaining to the recording of votes be suspended. At the time a rule or rules are temporarily |
7 | suspended, the duration of time that the rule shall be suspended shall clearly be stated to the body |
8 | and recorded in the House journal. The application of this rule as it pertains to the temporary |
9 | suspension of the rules shall not be subject to amendment or repeal. Any motion to repeal, amend |
10 | or suspend any rule shall be a debatable motion under these rules. |
11 | (c) At the beginning of a legislative session, the rules of the previous legislative session |
12 | shall remain in full force and effect until the permanent rules of the House for the current session |
13 | have been prepared, presented, debated and adopted by a majority vote of the House. Any |
14 | member at the beginning of a legislative session who was not a member at the time of the |
15 | adoption of the rules shall be provided with a copy of the rules. |
16 | (43) Within a reasonable time of the House adopting its rules, the rules will be posted on |
17 | the House website. |
18 | (44) The Speaker shall designate a staff member who shall be responsible for providing |
19 | any Representative, who shall request in writing, with a dvd copy recording of any of any |
20 | proceeding of the General Assembly that has been broadcast on Capitol Television within two (2) |
21 | business days of receiving the request. |
22 | Establishment of Caucuses |
23 | (45)(a) Members of the House may establish affiliate groups to be known as "Caucuses." |
24 | (b) Membership in any said Caucus is limited to duly elected members of the House. No |
25 | party, person, nor organization who is not a duly elected member of the House shall be involved |
26 | in nor be allowed to join nor participate in any manner in the business of the Caucus except staff |
27 | members authorized by the highest ranking member present at the majority party caucus and by |
28 | the highest ranking member present at the minority party caucus. |
29 | (c) Membership in any said Caucus is open to those who are primarily in said affiliate |
30 | group, but should not necessarily be closed to other House members. |
31 | (d) Notwithstanding 45(c): |
32 | (1) Any Caucus organized around a political party affiliation is limited solely to those |
33 | House members who belong to said party, provided that any member elected to the House as an |
34 | Independent may caucus with any party, but not more than one party, and not before submitting |
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1 | written communication to the House announcing such intention. The party for which the |
2 | Independent member wishes to caucus with shall not be obligated to accept the Independent into |
3 | the caucus, and if permission is so denied, shall communicate that decision to the House clerk |
4 | within seven (7) days of the Independent member's notification to the House. The Speaker shall |
5 | make such determination for the majority party caucus, and the Minority Leader shall make such |
6 | decision for the minority party caucus. The Independent then may seek admission to any other |
7 | party for purposes of joining a caucus. Upon request, the Speaker for the majority party caucus, |
8 | and the Minority Leader for the minority party caucus, may waive the written communication |
9 | required by this rule. |
10 | (2) Any Caucus organized around a county and/or municipal affiliation is limited solely |
11 | to those House members who represent said county and or municipality. |
12 | (e) The duties of each Caucus shall be to provide a common association and opportunity |
13 | for members to interact with each other and to address concerns and to act as a positive body to |
14 | implement legislation, initiatives, suggestions and other forms of action on issues of common |
15 | interest to the membership. |
16 | (f) The governing body of any Caucus is limited to a chairperson and vice chairperson |
17 | and any member of the Caucus shall be eligible to hold any office. |
18 | (g) The duties of the officers shall be as follows: |
19 | (1) Chairperson: |
20 | (i) To preside over all meetings of the Caucus; |
21 | (ii) To provide an agenda for each meeting to those attending; and |
22 | (iii) To conduct the annual election of officers. |
23 | (2) Vice Chairperson: |
24 | (i) To assume duties of the Chairperson in his/her absence; and |
25 | (ii) To conduct all votes, notwithstanding 45(g)(1)(iii), at meetings. |
26 | (h) Office holders shall be elected by a simple majority of a quorum vote by the body for |
27 | a two (2) - year term. |
28 | (i) In the event an officer cannot fulfill his or her term, the following rules shall apply: |
29 | (1) A vacancy in the Chairperson’s office shall be filled by the Vice Chairperson. |
30 | (2) A vacancy in the Vice-Chairperson’s office shall be filled by a majority vote of a |
31 | quorum of the membership of the Caucus. |
32 | (3) The term of the replaced officers shall begin immediately and shall terminate upon the |
33 | regular election of new officers. |
34 | (j) A quorum shall consist of two-thirds (2/3) of the current membership of the Caucus. |
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1 | (k) No budget shall be appropriated for any Caucus nor shall any Caucus engage in the |
2 | raising of funds nor in-kind donations to pay for any of its activities. |
3 | (l) All caucuses shall be established by written notification to the Speaker or his/her |
4 | designee with all elections being held one month after the establishment. The two (2) - year |
5 | election term shall run from the date of said election. |
6 | (m) Rules 45(f), 45(g), 45(h), and 45(i) shall not apply to political party caucuses. |
7 | Sexual Harassment and Discrimination Prohibited |
8 | (46)(a) The House of Representatives is committed to creating and maintaining a work |
9 | environment in which all members and employees are treated with respect and are free from |
10 | sexual harassment and discrimination. |
11 | The House fully supports the protection and safeguarding of the rights and opportunities |
12 | of all people to seek, obtain and hold employment without being subjected to sexual harassment |
13 | of any kind in the workplace. The House recognizes that sexual harassment has a serious |
14 | detrimental effect on victims of sexually harassing behavior. |
15 | The House acknowledges that the question of whether a particular action or incident is of |
16 | a purely personal or social nature, without a discriminatory employment effect, could require an |
17 | extensive determination based on all facts in each case. The House further recognizes that false |
18 | accusations of sexual harassment can have serious effects on innocent individuals. |
19 | (b) Sexual harassment is a violation of the state Civil Rights Act of 1990 (chapter 112 of |
20 | title 42), the state Fair Employment Practices Act (chapter 5 of title 28), and Title VII of the Civil |
21 | Rights Act of 1964. It is against the policy of the House for any member or employee of the |
22 | House of Representatives to sexually harass another person involved in the business of the House. |
23 | Members of the House and its employees are expected to comply with applicable law and take |
24 | appropriate measures to ensure that prohibited conduct does not occur. |
25 | (c) Any member of the House who believes that he or she has been the subject of sexual |
26 | harassment while engaging in the business of the House should report the alleged act as soon as |
27 | possible to the Office of Compliance. |
28 | (d) The Office of Compliance shall publish an official sexual harassment policy which |
29 | shall include the responsibilities of the Office of Compliance, the rights and responsibilities of |
30 | members of the House of Representatives and its employees, the procedure for the adjudication of |
31 | complaints made pursuant to the policy, and any other provisions it shall deem appropriate. |
32 | (e) All reported complaints of sexual harassment shall be investigated by the Office of |
33 | Compliance in a timely and confidential manner. No person investigating on behalf of the Office |
34 | of Compliance shall discuss the subject outside the investigation. The purpose of this provision is |
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1 | to protect the confidentiality of the person who files a complaint, to encourage the reporting of |
2 | any incidents of sexual harassment and to protect the reputation of any person who may be |
3 | wrongfully accused. |
4 | (f) If an investigation reveals that a complaint is valid, prompt action designed to |
5 | immediately stop the harassment and to prevent its recurrence shall be taken. A recommendation |
6 | shall be made to the Committee on Conduct pursuant to the policy published by the Office of |
7 | Compliance. |
8 | (g) The form of any disciplinary action for a member of the House shall be in accordance |
9 | with any recommendation and findings of the Committee on Conduct and a two-thirds (2/3) vote |
10 | of the House and shall include, but not be limited to, loss of leadership and/or committee chair |
11 | position, reprimand, censure, or expulsion as permitted by the Article 6, Section 7 of the Rhode |
12 | Island Constitution, or any other action deemed necessary. |
13 | (47) Temporary Emergency Procedures of the House of Representatives |
14 | The Speaker shall have the discretion to determine if there exists a public health or other |
15 | emergency that could pose a risk to the health and safety of members and staff of the House. |
16 | During the pendency of the emergency, with public notice via the General Assembly website, the |
17 | Speaker may adopt the following temporary procedures and may set legislative dates in light of |
18 | said public health or other emergency. |
19 | (a) Authorization to hold Remote Committee Meetings due to an Emergency-- |
20 | Requirements. |
21 | (i) When the Speaker issues a public notice pursuant to this rule, the Chair of a legislative |
22 | committee may request that the Speaker permit the committee to conduct remote meetings. |
23 | (ii) If the Speaker approves the Chair’s request, the legislative committee shall be |
24 | permitted to conduct remote meetings in order to transact public business. Members and |
25 | witnesses may participate in a remote meeting through the use of any means of communication; |
26 | provided that both of the following shall occur: |
27 | (A) The identity of a member or witness is verified in a manner satisfactory to the Chair; |
28 | and |
29 | (B) During the meeting, all participating members are able to simultaneously hear the |
30 | comments of each member who is recognized by the Chair. |
31 | (iii) For the purposes of determining quorum as required by these rules, a member |
32 | participating from another location in a remote meeting shall be considered present as if the |
33 | member were physically present at the meeting. |
34 | (iv) For the purposes of voting, a member participating from another location by remote |
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1 | means shall be deemed to have voted as if the member were physically present at the meeting. |
2 | (v) Votes shall be taken by roll call in any meeting conducted as a remote meeting |
3 | pursuant to this rule. |
4 | (vi) Any remote meeting must be preceded by the same or substantially equivalent public |
5 | notice as would be required if the meeting were to be held at a physical location. Notice shall |
6 | include information on how the public can monitor and/or participate in a remote meeting of a |
7 | committee. |
8 | (vii) The Chair, when presiding over a remote meeting, shall interpret and apply all rules |
9 | that presume or require the physical presence or act of members or witnesses in such a manner to |
10 | accomplish the same purposes for which the rules were adopted. |
11 | (viii) Any technological failure that prevents, or any technological limitation that limits |
12 | public access otherwise required under these rules shall not invalidate a remote meeting or any |
13 | action taken at a remote meeting. |
14 | (b) Authorization to Vote by Limited-Directed Proxy--Procedure |
15 | When the Speaker issues a public notice pursuant to this rule, the Speaker may allow |
16 | members to vote on certain matters before the House by limited-directed proxy (hereinafter |
17 | “proxy”) in accordance with the following procedure: |
18 | (i) Notwithstanding the provisions of this rule, a quorum of members shall be physically |
19 | present in order to conduct business, pursuant to Article VI, Section 6 of the Constitution of the |
20 | State of Rhode Island, and Rules 1 and 7(b) herein. |
21 | (ii) A member of the House who is unwilling or unable to be physically present during a |
22 | public health emergency may submit a written request to the Speaker that the member wishes to |
23 | cast a vote by proxy under the limited parameters established by this rule. |
24 | (iii) The Speaker, if he or she so approves of a member’s proxy request, shall direct the |
25 | requesting member’s respective majority leader or minority leader to vote for the absent member. |
26 | If the majority leader or the minority leader is unable to attend session, he or she shall designate |
27 | another member to execute proxy votes in accordance with this section. |
28 | (iv) A member authorized by the Speaker to vote by proxy shall prepare and submit |
29 | written voting instructions prior to each applicable floor session. The instructions shall identify |
30 | the particular daily calendar item(s) on which the member will be voting by proxy, and shall |
31 | clearly state how the member wishes to have the member’s vote recorded for each calendar |
32 | item(s). For each calendar item, a member shall indicate one of the following: a vote in favor of |
33 | the calendar item or a vote against the calendar item. A member shall also clearly indicate how |
34 | the member wishes to vote on any consent calendar, if applicable. The Speaker, in his or her |
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1 | discretion, may provide a form to facilitate the proxy process in accordance with this rule. |
2 | (v) The written voting instructions shall be both submitted to the member’s majority |
3 | leader or minority leader and filed with the Clerk of the House. |
4 | (vi) The member’s majority leader or minority leader shall follow the written voting |
5 | instructions exactly as submitted, by announcing the other member’s proxy vote or by responding |
6 | to a voice vote or roll call for the member voting by proxy. |
7 | (vii) A member authorized by the Speaker to vote by proxy may change the member’s |
8 | written voting instructions with regard to a particular calendar item at any time prior to the |
9 | convening of session. Any revised voting instructions shall be submitted in writing as required |
10 | herein. |
11 | (viii) The House Journal shall identify any members who voted by proxy on each |
12 | calendar item. |
13 | (ix) For the purposes of this rule, submission of written requests to vote by proxy and |
14 | written proxy instructions may include electronic delivery by email. |
15 | (c) During the pendency of any public health emergency, the Speaker may, in his or her |
16 | discretion, require that members comply with any public health safety measure recommended by |
17 | the Rhode Island Department of Health while in attendance at any session or committee of the |
18 | House. |
19 | (d) The temporary procedures as established by this rule shall be valid until rescinded by |
20 | the Speaker with public notice on the General Assembly website. |
21 | (48) Discipline of a Member |
22 | (a) Any action to expel a member shall commence with a resolution sponsored by the |
23 | Speaker of the House; provided however, if the Speaker is the subject of the resolution to expel, |
24 | the resolution shall be sponsored by the Speaker pro tempore. |
25 | (b) The Speaker shall refer the resolution to the committee on conduct, or any other |
26 | standing committee, for hearing and review. The committee shall investigate the matter and shall |
27 | have the right to compel witnesses and produce documents by subpoena prepared by the |
28 | committee and approved and signed by the Speaker. All testimony in the committee shall be |
29 | under oath and preserved by stenographic record which shall be transcribed upon the order of the |
30 | chair. |
31 | (c) Any member who is the subject of potential expulsion under the resolution shall be |
32 | afforded due process of law, to include notice of all hearings, the right to retain legal counsel, and |
33 | the opportunity to present evidence and/or witnesses and cross examine any witnesses. |
34 | (d) At the completion of the committee hearing, upon consideration and an affirmative |
| LC000397/SUB A - Page 27 of 28 |
1 | vote of the majority of the committee members present, said resolution shall be reported to the |
2 | floor of the house in accordance with these rules. |
3 | (e) Any floor vote of the house for expulsion shall require two-thirds (2/3) of the |
4 | members elected for approval of the resolution to expel. |
5 | (f) In those instances where the Speaker deems that censure or reprimand of a member is |
6 | in order, the Speaker may, in his or her discretion, impose said discipline. Upon notice of the |
7 | imposition by the Speaker of censure or reprimand upon a member, the member may dispute said |
8 | discipline within five (5) calendar days by notifying the Speaker in writing and requesting a |
9 | hearing before the committee on conduct. In the event a member requests a hearing before the |
10 | committee on conduct, the member shall be entitled to the procedures set forth herein. |
11 | (g) In the alternative, the Speaker may, in his or her discretion, sponsor and refer a |
12 | resolution of censure or reprimand to the committee on conduct, or any other standing committee, |
13 | for hearing, review, and consideration by the committee consistent with the procedures set forth |
14 | herein. |
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