04-R
094
2004 -- H 7032 SUBSTITUTE A AS AMENDED
Enacted 03/02/04
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 2003-2004
Introduced By: Representative
Peter F. Kilmartin
Date
Introduced: January 08, 2004
RESOLVED,
That the following rules of the House of Representatives be adopted for the
government of the House of
Representatives for the years 2003-2004:
First
- Of the Speaker
(1)
The Speaker shall: take the chair each day at the hour to which the House shall
have
adjourned, call the members to
order, and, if a quorum be present, proceed to business; refer bills
and resolutions upon
introduction; preserve order and decorum; speak as other members on
general questions, calling
some other member to the chair; decide all questions of order subject
to appeal to the House; and
have on every appeal the right to assign reasons for any decision, and
to put the question without
further debate.
(2)
The Speaker shall propound all questions in the order in which they are moved,
unless
the subsequent motion be
previous in its nature, except that in naming sums and fixing times the
largest sum and the longest
time shall be put first. The Speaker shall rise to put a question, but
may state it or read a paper
sitting. On a voice vote, if the Speaker doubts, or a division be called
for, the Clerk of the House
shall call the roll. The Speaker shall declare all votes.
(3) The Speaker may, but shall not be obliged to, vote on any question.
(4)
The Speaker may appoint a member as First Deputy Speaker who shall preside over
the sessions of the House during
the absence of the Speaker from the chair; may appoint a Senior
Speaker pro tempore and a
Deputy Speaker pro tempore who, in case of a vacancy in the office of
the Speaker and Deputy
Speaker, or in case these officers are absent at the hour to which the
House stands adjourned, shall
call the House to order and shall preside until the Speaker pro
tempore or a Speaker, as the
case may require, is elected by ballot. In case of a vacancy in the
office of Speaker, Deputy
Speaker, Senior Speaker pro tempore and Deputy Speaker pro tempore,
or in case these officers are
absent at the hour to which the House stands adjourned, the Clerk of
the House, or, in his or her
absence, the recording clerk shall call the House to order and shall
preside until a Speaker pro
tempore or a Speaker, as the case may require, is elected by ballot. In
the absence of the Speaker,
Deputy Speaker, Senior Speaker pro tempore, Deputy Speaker pro
tempore and clerks, less than
a quorum may elect a Speaker pro tempore or clerk pro tempore,
who shall perform all the
duties of the Speaker and clerks respectively and be clothed with all
their powers.
Secondly
- Of the Order of Business
(5)(a)
A representative desiring to introduce a bill or resolution shall file the same
with
the Clerk of the House. Bills
and resolutions so filed prior to the convening of the session on a
given legislative day shall be
in order for the first reading, and, where appropriate, assignment to
committee, on that day. Bills
and resolutions so filed after the convening of the session on a given
legislative day shall be in
order for the first reading, and, where appropriate, assignment to
committee, on the next
legislative day and shall be considered a part of that day’s business,
provided that the Speaker may
in his or her discretion allow exceptions to this provision. The
Clerk of the House shall cause
the title and numbers of all bills and resolutions introduced to be
published in the House Journal
for the day on which said bill or resolution is deemed, as herein
provided, to have been
introduced.
(b)
At the commencement of each day's session the roll shall be called,
or taken by use of
the electronic voting system
and if a quorum be present, the recording clerk shall read the journal
of the previous day. Except
as provided in rule 6, the order of business after the approval of the
journal shall be as
follows:
(i)
Reports of standing and select committees.
(ii)
Introduction and reference of new business.
(iii)
Communications, including communications from the Senate.
(iv)
Unfinished business in which the House was engaged at the time of
last adjournment.
(v)
Consent calendar.
(vi)
Calendar.
(vii)
Introduction of guests and announcements.
(viii)
Matters of personal privilege.
(ix)
Recess or adjournment.
(6)
The calendar shall consist of all bills and resolutions reported
from committees, all
special orders, and all other
matters ordered placed thereon by the House. The calendar shall be
kept by the Clerk of the House
and the matters thereon shall be arranged in the order in which
they are reported or
referred thereto, and shall be considered in the same order, except that a
special order for an hour
certain shall be taken up at the time specified, and a special order for
which the hour has not
been designated shall take precedence of the other business on the
calendar. The calendar
shall be posted in the chamber of the House, and shall be printed and
distributed and made available
electronically to the members daily. The calendar for the day shall
be in order at the
expiration of thirty (30) minutes from the time the Speaker announces a
quorum present upon the
opening roll call, unless it is sooner reached in the regular course of
business, and during its
consideration no other business shall intervene. All business on the
calendar not disposed of at
the time of adjournment shall be first in order on the calendar for the
next succeeding day. Whenever,
at the time the calendar is taken up, there should be on the
Speaker's table
any business to be referred to a committee under the rules, such business
shall be
in order for reference after
the calendar is disposed of, and, if any such business is not referred to
a committee, it shall be first
in order after the reading of the journal on the next succeeding day,
for reference.
(7)
There shall be a consent calendar on which shall be entered such bills
and resolutions
as the Speaker, the Majority
Leader and the Minority Leader or their designees shall agree upon,
and shall be proposed to the
House by the Majority Leader or the designee of the Majority Leader
in the form of a motion
to move the consent calendar. The consent calendar shall contain bills
for
the restoration of corporate
charters and bills concerning the solemnization of matrimony (which
shall be assigned to the
consent calendar immediately upon introduction), and other bills and
resolutions which are of a
routine or non-controversial nature, and in no event shall the consent
calendar be considered as
a substitute for the regular calendar. Matters of substance shall be
placed on the regular
calendar and be fully debated and considered by the membership according
to these rules. No bill or resolution
shall be included on the consent calendar on the date the
consent calendar is
moved unless copies of the consent calendar in the same form as shall be
moved have been made
available to the membership no later than two (2) legislative days prior
to
the day on which the consent
calendar shall be proposed to be moved. All bills and resolutions
included on the
consent calendar shall be made available in printed form and/or
electronically to
the Majority Leader, the
Minority Leader, the State House library and the Clerk of the House
at the same time that
copies of the consent calendar are made available under this rule. At the
request of a member any bill
or resolution shall be removed from those included in the motion.
All bills and resolutions designated
for action on the consent calendar shall be passed on
motion without discussion
unless, at any time prior to the motion for passage, a member requests
removal of a bill or
resolution from the consent calendar in which case such bill or resolution
shall be so removed and placed
on the regular calendar. Any bill or resolution so removed shall
be considered as having
appeared on the regular calendar for a period of time equivalent to that
during which it appeared on
the consent calendar.
Thirdly
- Of Decorum and Debates
(8)
When any member is about to speak in debate, or to deliver any matter to
the House,
he or she shall activate his
or her recognition button, and when recognized rise and proceed
by respectfully
addressing the Speaker.
(9)
When two (2) or more members seek to be recognized, the Speaker
shall select the
member who is to speak first.
(10)
No member shall speak more than twice to the same question without
the leave of
the House, nor more than once
until every member choosing to speak shall have spoken, nor for
longer than five (5) minutes
without the leave of the House. The first two (2) clauses of this rule
shall not apply to the
Majority and Minority Leaders and Whips nor to the principal sponsor or
floor manager of
any bill, resolution or amendment on the floor.
(11)
If any member, in speaking or otherwise, transgresses any rule of
the House, the
Speaker shall, or any member
may, call him or her to order, in which case the member called to
order shall immediately sit
down, unless permitted by the Speaker to explain and the House shall,
if appealed to, decide on
the case but without debate.
(12)
While the Speaker is putting any question, or addressing the House, or
when a
member is speaking, none shall
entertain private discourse in person or by phone, nor
walk between the member
who is addressing the Speaker and the chair. At no time while the
House is in session shall any
person use audible cell phones or audible pagers in the House
Chamber.
(13)
When a motion is made and seconded, it shall be stated by the Speaker, or,
being in
writing, shall be handed to
the Speaker and read by the Clerk of the House before debate. Any
motion shall be reduced to
writing before debate whenever the Speaker or any member shall so
request.
(14)
Any bill or resolution of more than one section shall be passed upon by
section,
at the request of any
member. With the leave of the Speaker, a section that is susceptible of
division shall be divided and
put separately upon the propositions of which it is compounded, but
a motion to strike out
and substitute shall not be divided.
(15)
After a motion is stated by the Speaker, or read by the clerk, it shall be
deemed to be
in possession of the House,
but any motion may be withdrawn by the mover at any time before a
decision or amendment, except
a motion to reconsider, which shall not be withdrawn after the
time has elapsed within
which it might originally have been made.
(16)
No motion or proposition of a subject different from that
under consideration shall
be admitted under color of
amendment.
(17)
When a question is under debate no motion shall be received, except
to adjourn, for
the previous question, to take
a recess, to lay on the table, to fix a time for closing debate, to
postpone indefinitely, to
postpone to a day certain, to commit, or to amend, which several
questions shall
have precedence in the order in which they are here arranged.
(18)
Motions to commit shall have precedence in the following order: to
a standing
committee of the House, to a
select committee of the House, to a joint standing committee, to a
joint select committee.
(19)
When a time for a meeting of the House shall have been previously fixed upon,
a
motion to adjourn shall be
always in order, except as provided in rule 23, and that motion, the
motion to lay on the table,
to take from the table, to reconsider, for the previous question, to take
a recess, and for the
vote, shall be decided without debate.
(20)
No member shall vote on any question of private property in the event of
which he
or she is immediately and
particularly interested.
(21)
No member shall speak or vote, unless within the bar of the House. Every
member
(except as provided in rule 3)
who shall be in the House when the question is put, shall give his or
her vote, unless prior thereto
the Speaker shall excuse him or her, in accordance with the Code of
Ethics statute (36-14-6).
No member may vote for another member, nor activate another
member’s voting machine except
by the express direction of that member who is present in the
House chamber. No one may
occupy the vacant seat of a member.
(22)(a)
The electronic voting system may be used to record attendance and quorums,
and
shall be used to record all
votes on public bills (as defined in rule 31(c)) and votes on rule
changes and suspensions. It
shall be used for other votes by request of a member, and, at the
discretion of the Speaker, for
recording the seconds to any motion.
(b)
In the event the machine is not to be used or is not operating properly,
all votes and
other determinations may be
taken as otherwise required by House rules, either by voice vote,
division vote or by
calling the roll alphabetically and recording the ayes and nays. If a
member's voting device is
out of order, he or she shall rise and announce it to the presiding
officer and call his or her
vote orally prior to the declaration of the result of the vote. Every
member may vote providing he
or she is in the chamber of the House at the time the vote is in
progress. Any member who
is not in the chamber at such time, but returns before the machine
is locked, shall be
permitted to vote.
(c)
The electronic voting system shall be under the control of the presiding
officer and
shall be operated by such
personnel as the Speaker of the House so designates. At a reasonable
time, prior to any vote
being taken, the presiding officer shall announce that a vote is about to
be taken. When any member
other than the Speaker of the House is presiding, he or she shall
direct the voting clerk to
record his or her vote as if cast at his or her voting station. Until the
completion of the voting, no
member shall be recognized, and no other business shall be
transacted.
(d)
When sufficient time has elapsed for each member to vote prior to locking
the
machine, the presiding officer
shall ask if any member present desires to vote or change his or her
vote. The presiding officer shall
then order the machine locked and activate the recording process.
When the vote is
completely recorded, the clerk shall advise the presiding officer of the
result;
and the presiding officer
shall announce the result to the House and the result shall be recorded in
the journal. No vote may be
changed after the system has been locked and the vote recorded.
(e) When a division is called for, those in the affirmative or
the negative, as the case may
be, shall cast their votes
accordingly and the voting clerk shall activate the recording equipment
so as to reflect only the
numerical count. When the vote is completely recorded, the clerk
shall advise the
presiding officer of the result; and the presiding officer shall announce
the result
to the House. (In the event
the electronic voting system is not operating properly, the division
vote shall be conducted
as otherwise provided in House rules).
(f)
After the question has been put, but before the system is locked,
any member may call
for a statement of the
question.
(g)
While the presiding officer is putting the question, or the vote is being
recorded, no
member shall speak or leave
his or her place. After a vote has been ordered there shall be no
debate whatever.
(h)
In case of a tie vote the question shall be lost.
(i)
Upon late arrival, a member may report his or her presence to
the recording clerk
which shall be recorded in the
journal.
(23) There shall be a motion for the previous question, which shall
always be in order
and which shall not be
debated, and which may be moved and ordered upon any bill or section
thereof, amendment, motion,
resolution or question which is debatable, any of which shall be
considered as the
main question for the purpose of applying the previous question. When a
motion for the previous
question has been made, no other motion shall be entertained by the
Speaker until it has been put
to the House and decided. All incidental questions of order arising
after a motion for the
previous question has been made, and before the vote has been taken on the
main question, shall be
decided whether on appeal or otherwise without debate. When the
previous question has been
ordered, a motion to reconsider such vote shall not be in order, and no
motion to adjourn or take a
recess while a quorum is present shall be entertained between the
taking of such vote and
the taking of the vote on the main question, but ten (10) minutes shall be
allowed for further debate
upon the main question during which no member shall speak more
than three (3) minutes, and a
further period of ten (10) minutes, if desired, shall be allowed for
debate to the member
introducing the bill or question to be acted upon, or to the member or
members to whom he or she
may yield the floor, at the close of which time, or at the close of the
first ten (10) minutes, in
case the introducer does not desire to so use his or her time, the vote on
the main question shall be
taken. If incidental questions of order are raised after the previous
question has been
ordered, the time occupied in deciding such question shall be
deducted from
the time allowed for debate.
(24)
When any vote is passed, any member voting in the majority may move
to reconsider on the same
or the next legislative day, except as provided in rule 23: and when a
motion for reconsideration has
been decided, it shall not be reconsidered. A motion to reconsider
shall not be debated.
Fourthly
- Of Committees
(25)(a)
The following standing committees shall be appointed each year in the month of
January or as soon as
convenient after the adoption of House Rules, viz:
A
committee on corporations
A
committee on environment and natural resources
A
committee on finance
A
committee on health, education and welfare
A
committee on judiciary
A
committee on labor
A
committee on rules
A
committee on separation of powers
A committee on veterans’ affairs.
(b) The Speaker shall appoint all standing committees and create such other
subcommittees and committees
as may be required from time to time and appoint thereto. All
subcommittees and committees
shall have proportionate minority membership when feasible.
The Speaker, in consultation
with the Minority Leader, shall be the appointing authority for
minority membership on
standing committees and subcommittees thereof, joint committees,
boards and commissions. All
vacancies occurring in any committee and subcommittee after they
have once been named shall be
filled in like manner by the Speaker.
(c) A committee shall not vote upon any bill in the absence of a quorum, which
shall
consist of a majority of the
committee's membership.
(d)
All committee meetings shall be open to the public, but public participation
shall be
limited to testimony on the
matters before the committee. The chair of any committee may limit
the length of a witness’
testimony in order to afford all witnesses the opportunity to be heard.
(e) It shall be the duty of the committee on finance to take
into consideration all
propositions relative to the
revenue, to inquire into the state of the public debt and to report from
time to time their
opinion thereon and such propositions relative thereto as to them shall
seem expedient.
Upon
introduction of the annual state budget to the House on behalf of
the Governor, the
budget shall be referred to
the finance committee. Within two (2) weeks following receipt thereof,
the finance committee's fiscal
advisor shall provide to each member of the House a brief but
thorough summary
of budget issues. Within three (3) weeks following the receipt of the
budget,
the committee shall
schedule such meetings as it deems necessary to receive comment on the
budget as a whole from all
House members who wish to appear before it for that purpose.
(26)(a)
Committees shall take into consideration all such petitions, resolves,
bills, matters
or things as may be referred
to them by the House with power to report by bill or otherwise;
provided, however, that
committees shall, whenever possible, consider all bills of substantially
the same or of a similar
nature at the same time in a manner that is otherwise in conformity with
these rules.
(b)
A committee shall not consider any public bill or resolution not previously
distributed in print and
electronically to its members except by unanimous consent of the
members present.
(c)
The Chair of every committee shall post, in print and electronically, at least
forty-
eight (48) hours prior to
any committee meeting, a list by number and title of the bills
and resolutions to be
heard at that meeting. The Chair shall limit such listings to the number
of
bills or resolutions he or she
reasonably expects can be taken up by the committee at that meeting.
Any bill or resolution
so posted which the committee is not able to take up at the stated
meeting must be re-posted
as stated above and shall be placed at the top of such subsequent
posted list. Such postings
shall be made electronically and on the House bulletin board. Copies of
all posted bills or
resolutions shall be provided in print and electronically to all committee
members and principal
sponsors. A committee shall not hear any said bill or resolution without
such notice except by the
consent of a majority of its members and with at least one (1) day's
notification to
the principal sponsor. The sponsor may, however, waive such one-day notification.
(d)
Every standing committee shall meet at least once weekly if any requests
for hearings
on or consideration of bills
or resolutions are pending before it. The right to be heard on any such
bill or resolution shall
be granted upon request to the principal sponsor thereof as provided in
these rules, and provided
further, however, that any such request shall be made in writing to the
Chair, a copy of which is to
be given to the reading clerk, no later than ten (10) calendar days
following referral of the
bill or resolution to the committee; and provided further that, in
any even-numbered year,
any such request to be heard on any bill or resolution referred to the
committee during the
immediately preceding session shall be made in writing to the Chair not
later than the last
legislative day in the month of January, and shall be posted
electronically and in
print. No committee shall hear
more than twenty-five (25) bills (exclusive of city and town bills
and those to be placed on the
consent calendar) at any one (1) meeting.
(e)
Upon receipt of a written request by the Chair for committee consideration
from the
principal House sponsor of a
bill or resolution, a copy of which is to be given to the recording
clerk, the committee
shall grant to said principal House sponsor a hearing on any said bill
or resolution within
thirty (30) calendar days of the request, and provided further, that said
committee shall grant to the
principal House sponsor consideration of his or her bill or resolution
within eight (8)
legislative days of the committee hearing, unless a later date is
otherwise agreed
to by the said principal
sponsor and the Chair of the Committee. The principal sponsor with the
concurrence of the Chair, may cancel
a scheduled hearing with twenty-four (24) hours’ notice to
the Chair, which notice shall
be posted electronically. A hearing postponed twice at the sponsor’s
request need not be
re-scheduled. The deadline for requests for hearings and consideration
shall
be the first legislative day
after the last day for bill introduction. For the purpose of the rule,
consideration shall mean
a majority vote on one (1) of the following:
(i)
a motion to report the bill or resolution to the House with a recommendation
of
passage;
(ii)
a motion to report the bill or resolution as amended, or in
substitute form, to the
House with a recommendation of
passage; or
(iii) a motion to report the bill or resolution to the House
without recommendation,
provided that such action
shall require the affirmative vote of four-fifths (4/5) of the members
present.
In
the event of a tie vote on any of the motions specified in (i), (ii) or (iii)
hereof, the bill
or resolution shall be lost.
The
originals of bills or resolutions which have failed in committee shall be
transmitted
by the committee clerks to the
Secretary of State for the State Archives, with an appropriate
notation thereon.
(f)
Once a committee has considered a bill or resolution the principal
House sponsor shall
be notified in writing or
electronically by the end of the second legislative day following such
action including the vote
tally within the committee and the date thereof, prior to the report being
made to the full House.
Committee Chairs shall bring reports of committee actions to the floor no
later than two (2) weeks
following the committee votes thereon, provided that this shall not apply
to the Committee on Finance. A
committee member may move reconsideration of any vote taken
so long as the subject matter
of the vote remains in the possession of the committee.
Bills
or resolutions concerning appropriations, revenue or expenditures shall
not be
subject to the above time
limits.
(g)
In the event a committee shall fail to afford consideration to any bill
or resolution
within the prescribed time,
the principal sponsor may report such failure to the Speaker of the
House and the Speaker shall
order the immediate discharge of the bill or resolution from a
committee to the
House floor.
(h)
All bills or resolutions reported from committee shall be placed on the
calendar or,
pursuant to the
restrictions of these rules, on the consent calendar for the required
period of time
according to these rules before
House consideration. Bills and resolutions reported from
committees and received by the
Clerk of the House prior to the convening of the session on a
given legislative day shall be
deemed to have been received, and therefore in order to be placed
upon the appropriate calendar,
as of that day. Bills and resolutions so received after the convening
of the session on a given
legislative day shall be deemed to have been received, and therefore in
order to be placed upon the
appropriate calendar, on the next legislative day and shall be
considered a part of that
day’s business.
House Rule 26(e) through (h) shall not apply to any bill or resolution which
shall
have originated in the
Senate.
(i)
No public bill or resolution which originated in the House shall
be considered by a
House committee unless the
committee has held a hearing on that bill or resolution no later than
one (1) week prior to April
11, 2003 (or April 8, 2004, in the case of 2004), and thereafter
the committees of the
House shall not consider public bills or resolutions except those which
have
been acted upon by the Senate
and transmitted by the Senate to the House of Representatives,
provided however, that
the committee on finance may hear and consider such House bills, acts or
resolutions as it deems
to have a fiscal impact after April 11, 2003 (or April 8, 2004, in the case
of 2004), except
as provided in section (j) hereof, and provided further, that each other
House committee may
complete consideration of not more than three (3) House bills or
resolutions after said date,
on which such committee had not been able to complete action, upon
approval by the Speaker of a
written request from the Chair. All such requests must be filed with
the Clerk of the House no
later than April 11, 2003 (or April 8, 2004, in the case of 2004).
Reporting deadlines shall not
apply during 2003 to the committees newly created by these Rules.
(j)
No House bill which relates to an individual's pension or retirement shall
be accepted
as a committee report from the
committee on finance unless it shall have been considered by the
committee on or before
April 11, 2003 (or April 8, 2004, in the case of 2004), and shall have
been heard in the committee
no later than one (1) week prior to that date.
(27)(a)
Committees shall keep permanent minutes of their meetings and hearings,
and all
committee votes shall be
recorded by total vote and by the individual votes of committee
members. Said minutes and
recorded votes shall be public records and shall be available to any
member and to any person
upon request.
(b)
Each committee shall, on the last legislative day of each week, file with
the clerk of
the House and with legislative
data services a list of all measures on which formal action was
taken and a copy of the
recorded vote tally on each such measure.
(28)
After appointment by the Speaker, the members of each committee shall forthwith
meet, and if a quorum be
present and upon being called to order by the vice chair of said
committee, appointed by the
Speaker, shall proceed to elect by majority vote the chair of said
committee. The
Speaker shall appoint the vice chair and secretary of each committee. In
the
event that the chair of a
committee is unable to serve due to incapacity for medical or other
reasons, the Speaker may
appoint an acting chair for the period of such incapacity, which acting
chair shall have all of the
powers and duties of the chair.
(29) (a) The Speaker may appoint from time to time subcommittees of a given
standing
committee, which shall consist
only of members of the committee from which it was appointed.
The chair of each standing
committee shall be considered a member of each subcommittee of
such committee. Each
subcommittee may hear testimony on bills and resolutions falling within
the subject matter of its
charge and shall report to the committee from which it was appointed.
Subcommittees will otherwise
conduct themselves in conformity with these rules.
(b)
The Speaker shall appoint the chair of each subcommittee.
Fifthly
- Of Bills and Petitions
(30)(a)
No bill or resolution shall be considered or acted upon by the House if
objection
is made unless the same has
been considered by, reported, or recalled from a committee thereof,
or from a joint committee.
(b)
When a bill or resolution is postponed indefinitely, the same shall not be
acted upon
again during the session. If
the reading of any printed or written paper be objected to, it shall be
determined by a vote of the
House without debate.
(c)
No bill or resolution shall be passed or concurred in without two
(2) readings. The
first reading shall take place
by acceptance of the bill or resolution and publication in the House
Journal and the second after
it has been placed upon the calendar. No bill or resolution upon the
calendar shall be taken
up for consideration unless copies thereof, in the form in which it was
reported from committee, shall
have been made available in print or electronically to the
members no later than the
rise of the House on the legislative day preceding the day on which it
shall be in order for
consideration. No matter of business on the calendar shall be considered
upon its merits prior to the
legislative day after it shall have been placed on the calendar except
by unanimous consent of
the House.
(d)
No more than forty (40) public bills shall be considered upon their merits
during any
one (1) legislative day,
provided, however, that House bills returned from the Senate may be
considered
notwithstanding this limit and provided further, that Senate bills which
are duplicates
of and identical to
House bills, and House bills returned from the Senate, may without objection
be bundled and passed by one
vote; provided, that the membership is given twenty-four (24) hours notice in advance.
(e)
The budget bill shall be prepared by the Legislative Council. The budget
bill shall not
be considered by the House
unless copies thereof as approved by the finance committee have
been available to the members
for five (5) seven (7) calendar days. No amendment which is
intended to make
a substantive change in the budget bill may be offered other than by
the Chair
of the finance committee,
except with the agreement of two-thirds (2/3) of the members present,
unless the text thereof shall
have been submitted to the Legislative Council and made available to
the members two (2)
calendar days prior to the day on which the budget bill shall be in order
for
consideration.
(f)
An amendment which was germane when prepared, and which was offered in
a timely
fashion, but is no longer
germane because of an intervening amendment, may, with the agreement
of the majority leader and
minority leader, be revised orally or in writing by the sponsor without
renewed compliance with
the requirements hereof.
(g) After the 50th legislative day, bills or resolutions received back
from the Senate with
amendments requiring House
concurrence shall, with the agreement of the House sponsor and the
Majority Leader, be placed on
the calendar in order for the day upon which they are received.
(31)
(a) There shall be attached to every public bill or resolution when first
introduced an
explanation of such bill or
resolution indicating the proposed changes, and/or the statute or
existing law which such bill
or resolution purports to amend. Each original bill or resolution
introduced shall
be accompanied by at least six (6) copies which may be typewritten
or reproduced by any
legible mechanical process, and the Clerk of the House may decline to
receive and process bills and
resolutions not accompanied by such copies.
(b)
When any bill or resolution is offered which is intended to amend any part
or parts of
an existing statute, any part
or parts intended to be stricken shall be contained in the bill or
resolution and by
appropriate mechanical mark, shall be crossed out. All new matter
contained in
the bill or resolution
shall be underlined, so that the new matter may be easily discerned.
Existing
language not intended to be
amended shall be reproduced without change.
(c)
"Public bill" shall include all bills or resolutions which in any
way have general
application throughout the
state or which are of a nature for which the constitution requires
special treatment, and bills
which relate to an individual's pension or retirement benefits. Bills or
resolutions of a private
or local nature shall not be considered "Public bills" and
shall include:
those which pertain to a
particular city or town or local entity; those making claims against the
state; those which pertain to
private corporation charters and amendments thereto and restoration
thereof, and
to amendments to authorize holdings by non-profit organizations of a
charitable,
civic, library or like nature;
resolutions memorializing congress, or of congratulations or
expressing sympathy or
condolences; resolutions requesting the several departments of state
government to grant some
privilege, consideration or relief; and others of like private and local
nature.
(d)
All bills and resolutions, private as well as public, shall be prepared by the
Legislative
Council, and the Clerk of the
House may decline to accept for introduction any bill, resolution or
transmittal not in conformity
herewith. Once introduced and referred, all bills and resolutions
shall be printed and made
available electronically, except resolutions of congratulation and
condolence.
(e)
All bills and resolutions which have been introduced at the request of any
lobby
group, individual or other
entity shall be identified in writing by letter sent by the principal
sponsor to the committee chair
to which said bill or resolution has been referred. Said letter shall
contain the name and
address of the lobby group, individual or other entity which has
requested
the introduction of said bill
or resolution and made a part of the public committee record and sent
to the State House Library
in accordance with Rule 27(b).
(f)
A prime sponsor may withdraw a bill or resolution previously introduced at any
time,
upon written request to the
Clerk of the House on a form which the Clerk of the House shall
provide.
(g)(i)
A bill or resolution may be filed by any member or member-elect by registered
mail at state expense or in
person with the Clerk of the House at any time from November 15 to
the day prior to the
commencement of the regular annual session. The clerk shall immediately
date and number such bill or
resolution and order it printed, and made available for the first
reading on the second day of
the succeeding session.
(ii)
Only the bills or resolutions filed by members elected and qualified shall
receive the
first reading.
(iii)
In the event that any member or member-elect shall die after filing and before
the
first reading, the death of
said member or member-elect shall constitute automatic withdrawal of
said bill or resolution and
automatic withdrawal of the number of said bill or resolution and said
number shall not be used again
during the legislative session; provided, however, that where a bill
or resolution shall have had
more than one sponsor, said bill or resolution and number shall not be
withdrawn and the member whose
name appears second on said bill or resolution shall become
the prime sponsor.
(32)
No petition shall be received unless the object thereof, and the name of
the petitioner
or one of the petitioners
shall appear thereon.
(33)
Counsel may be heard on petitions of a private nature, and in all matters
affecting
private rights, before the
committee to which such matters may be referred, and not before the
House.
(34)
A member may introduce a public bill or resolution after the second Thursday in
February only if, one (1) day
previous to such introduction, the member shall have notified the
House of his or her intention to
introduce said bill or resolution by reading the title and giving a
brief explanation of the
contents thereof. A member may avail himself or herself of the
opportunity afforded by this
rule three (3) times only in each calendar year, and in no event after
the fortieth (40th)
legislative day, provided that these limitations shall not apply to municipal
bills,
bills to create or extend the
reporting dates of study commissions, appropriations and budget bills
(regular or supplemental) or
to bills which under these rules are eligible for placement on the
consent calendar, and provided
further that this rule shall not apply (with the approval of the
Speaker) to the chairs of
committees.
House
committees may, but shall not be obliged to, hear and consider public bills or
resolutions approved for
introduction pursuant to this rule notwithstanding the provisions of
Rule
26(i).
(35)
No measure without a body or substantive content shall be accepted at any
time, nor
shall a substitute bill be accepted
which is not consistent with the title and substance of the
original bill.
(36)
Amendments, articles or sections of the State budget shall concern only
appropriations, expenditures,
revenue or matters related thereto.
Sixthly
-- Of Admission to the Floor
(37)(a)
No person or persons, except currently elected members of the general
assembly,
legislative staff and
authorized representatives of the public press, as provided in the rule
next
following, shall be admitted
to the floor of the house during the session thereof, except by the
express invitation of the
speaker for a designated purpose. The speaker may make special
provision for admission to the
floor of the House during the session thereof for persons, who by
reason of disability, are
unable to gain access to the House galleries. All persons so admitted by
the Speaker to the floor
of the House during the session thereof shall be present for the
sole purpose of observing
the proceedings of the House and shall remain seated, refrain from
conversation, maintain the
decorum of the House and no such person shall contact, address, speak
or gesture to, or communicate
in any way with any House member while present on the floor of
the House. Any House
member who observes conduct in violation of House Rules
shall immediately notify
the Speaker thereof and the Speaker shall forthwith take appropriate
corrective action and may
order the removal of the offending person.
(b)
During House sessions, admission to the House lounge is limited
to currently serving
House members, House staff and
authorized representatives of the public press.
(c)
Smoking shall be prohibited in the House chamber, House galleries
and committee
rooms.
(38)
Authorized representatives of the public press may be admitted by
the Speaker to the
floor of the House and
assigned seats under such regulations as he or she may from time to time
prescribe. Such press
representatives as shall be admitted shall have no privilege upon the
floor
other than to pass to and
from the seats assigned to them.
Seventhly
-- Miscellaneous
(39)
No vote or act which has been passed by the House shall be sent by
the clerk to the
Senate or to the Governor
before the expiration of the time limit for its reconsideration under rule
24, except those passed on the
last day and those which shall have been reconsidered.
(40)
In the event a bill is amended or substituted by a committee for
floor action, the
sponsor or sponsors of that
bill may elect, in writing, to have their names disassociated from said
bill and the committee report
shall reflect this election.
(41)
The Speaker shall, at the request of any nineteen (19) members, compel the
retention
of all members present, and
also, in the absence of a quorum, at the request of any nineteen (19)
members, shall compel the
attendance of absent members, by his/her warrant, under his/her hand
and seal, attested by
the recording clerk and directed to the sheriff and his or her deputies of
the
county where the General
Assembly is setting.
(42)
All writs, warrants and subpoenas issued by order of the House shall be
under the
hand and seal of the Speaker,
attested by either clerk.
(43)
It shall be the duty of the sheriff in attendance upon the
General Assembly, or either
of his/her deputies, to
execute the command of the House, from time to time, together with all
such process, issued by
authority thereof, as shall be directed to him/her by the Speaker.
(44)(a)
No rule shall be repealed or amended, except by two-thirds (2/3) of the
members
voting; nor shall the
operation of any rule be temporarily suspended except by two-thirds (2/3)
of
the members voting, and the
agreement of the majority leader and the minority leader and such
action may be taken with
reference to any rule, except that Rule 22 (a) may not be suspended and
Rule 49 may be suspended only
by four-fifths (4/5) of the members present. The application of
this rule as it pertains to
the temporary suspension of the rules shall not be subject to
amendment or repeal. Any
motion to repeal, amend or suspend any rule shall be a debatable
motion under these rules.
(b)
At the beginning of a legislative session, the rules of the previous
legislative session
shall remain in full force and
effect until the permanent rules of the House for the current session
have been prepared,
presented, debated and adopted by a majority vote of the House.
(45)(a)
No amendment to a pending bill or resolution may be considered by the
House,
except by unanimous consent,
unless copies of the same shall be on the desks of the members in
typed form or accessible
electronically.
(b)
When an amendment proposed to any pending measure is laid on the table, it
shall not
carry with it or prejudice
such measure.
(c)
The motion to lay on the table and the motion to take from the table shall
be non-
debatable; provided, however,
that the mover of an amendment shall be allowed two (2) minutes
to reply when a motion is made
to table his or her amendment; whereupon the Speaker shall put
the question on the
motion to table.
(46)
After the close of each legislative year the recording clerk shall make on
the journal
of the House an entry of all
matters then remaining on the calendar, together with all unfinished
business pending before the
House or its committees, and the Clerk of the House shall prepare a
docket of such matters
and business, cause the same to be printed, and shall distribute the same
to
the members of the General
Assembly and, in even-numbered years, to the members-elect of the
next General Assembly.
(47)
“Mason's Manual of Legislative Procedure,” most recent edition, published
by the
National Conference of State
Legislatures, shall govern procedure in the House in all cases in
which its provisions are
not inconsistent with applicable law or these rules.
(48)
On any day any member of the House may present a petition in writing to
discharge
a committee from further
consideration of a public bill or resolution which has been referred to a
committee, and by no
other procedure, but only one petition may be presented for a public bill
or resolution during the course
of a session. The petition shall be placed in the custody of the
recording clerk of the House
who shall arrange some convenient place for the signatures of the
members to be placed thereon
in the presence of said clerk; provided, however, that the member
presenting such petition
may take custody of the petition and solicit signatures. Such member
shall attest to the
authenticity of each signature so solicited by initialing the same. A
signature
may be withdrawn by a member
at any time before the petition receives sufficient signatures to
become effective,
and such petitions shall become effective, and shall serve to discharge
a committee from further
consideration of the public bill or resolution and shall cause said public
bill or resolution to be
placed upon the calendar for action, when any thirty-four (34)
representatives shall have
affixed their signatures thereto. Until after the fiftieth (50th)
legislative
day no petition shall be
presented for signatures to discharge a public bill or resolution unless
the
same shall have been in the
possession of the committee for no less than sixteen (16) legislative
days. During
House consideration of any discharged public bill or resolution, no motion
to recommit or lay on the
table shall be entertained by the Speaker until every member desiring to
be heard has been recognized.
(49)
Sessions of the House during the legislative session shall convene at 4
p.m. and shall
adjourn by 10 p.m.; provided,
that the House may provide by resolution that the House convene
at another hour and
place.
(50)
Except with respect to present and former members of the General Assembly,
general officers, members of
the judiciary, and elected state and federal officials, all expressions
in the nature of condolences
and in the nature of congratulations shall be presented in omnibus
bills which shall be in
order for introduction and consideration only on the last legislative day
of
each week, which shall not
require concurrent action and which, upon passage, shall be forthwith
transmitted to the Secretary
of State.
(51)
Any bill or resolution which has been introduced in one (1) session
need not be
reintroduced in the succeeding
session unless the same shall have been defeated in committee or
on the floor of either house;
provided, however, that no general election shall have intervened.
The
concurrence of both houses in the same session shall be necessary for the
enactment
of all laws.
(52)(a) A member may claim the floor on a question of personal privilege
to reply to
criticism, or to discuss
anything clearly derogatory, or which reflects upon his or her character,
that appears in the press or
other public medium, but not to discuss favorable references to
himself or herself nor to
reply to generalized criticism of the House which does not refer to him
or to her specifically.
(b)
No member is permitted to attack another member of the House personally,
nor to
make false statements about,
or question the integrity of, another member.
(53)
In the event of the calling of an extraordinary session of the
General Assembly by
the Governor, or a reconvened
session by the Speaker of the House or the President of the
Senate, said session shall be
conducted pursuant to the foregoing rules; provided, however, that
the requirement for prior
posting of bills by committees contained in Rule 26(c), the limitation
on consideration of House
bills by House committees contained in Rule 26(i), the prohibition on
reading a bill a second
time on the same day it was given first reading and the two (2)
day calendar requirement
contained in Rule 30(c), and the deadline for new introductions
contained in Rule 34, shall
not be applicable during such extraordinary sessions, and provided
further that any bill or
resolution for consideration of which the session is called shall have
been
provided to the members
at least twenty-four (24) hours prior to the opening of the session.
(54)
On the first legislative day of every week that the House
of Representatives is in
session, the Speaker shall
announce, from the chair, the day that five minute speeches, so-called,
will be entertained. At
the end of legislative business on the day aforementioned, the Speaker
shall declare the House
in informal session, i.e., no motion shall be in order, except that to
adjourn, at the close of
five-minute speeches, then proceed to entertain five-minute speeches.
Each member so recognized
shall be allotted five (5) minutes in which to address the House on
any matter subject to
these rules. No member can yield his or her time to another.
(55)
No person on the floor of the chamber shall dress in a manner offensive to the
decorum of the House.
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LC00724/SUB A/2
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