05-R 069

2005 -- H 5164 SUBSTITUTE A AS AMENDED

Enacted 02/17/05

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 2005-

2006

Introduced By: Representatives Naughton, Kilmartin, Schadone, Lally, and O`Neill

Date Introduced: January 25, 2005

RESOLVED, That the following rules of the House of Representatives be adopted for the

government of the House of Representatives for the years 2005-2006:

First - Of the Speaker

(1) The Speaker shall: take the chair each legislative day, 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) There shall be a Speaker pro tempore who shall preside over the sessions of the

House during the absence of the Speaker from the chair; and a Deputy Speaker who, in case of a

vacancy in the office of the Speaker and Speaker pro tempore, 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, Speaker pro tempore and Deputy Speaker 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, Speaker pro tempore, Deputy Speaker 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) 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 Speaker shall proceed to the order

of business. After the approval of the journal the order of business 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.

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

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

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

February 17, 2005 (for the 2005 session) and February 9, 2006 (for the 2006 session). The

provisions of this section shall not apply to city or town bills, to bills for the reinstatement of

corporate charters, or to bills relating to the solemnization of marriages.

(d) Any bill or resolution introduced on or before April 14, 2005 (for the 2005 session)

and on or before April 13, 2006 (for the 2006 session)

(i) if filed prior to the convening of the session, shall be in order for the first reading and,

where appropriate, assignment to committee, on that day, and

(ii) if filed after the convening of the session, 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 direct that a given measure may be

treated in accord with subparagraph (i) above.

All bills or resolutions introduced after April 14, 2005 (for the 2005 session) and after

April 13, 2006 (for the 2006 session) shall be in order for the first reading and, where appropriate,

assignment to committee, on the day of introduction.

(e) 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.

(6) The Speaker or his or her designee shall prepare the calendar for each legislative

day. The calendar shall be posted in the Chamber of the House, and shall be printed and

distributed or made available electronically to the members daily.

(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 (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, Speaker Pro Tempore 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 cell phones or audible pagers in the House Chamber.

During legislative sessions, video or photographic equipment shall not be used by members of the

House on the floor of the House or in committee hearing rooms when committee meetings are in

session unless he or she has the permission of the Speaker. This section shall not apply to

properly credentialed representatives of the news media.

(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 shall so direct.

(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 and at his or her

seat, except as hereinafter provided. 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.

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, the presiding officer shall

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 but prior to adjournment, 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. The Speaker, Majority

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

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

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

present.

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. Such postings shall be made electronically and on the

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

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

be the printed posting on the Legislative Data Bulletin Board. 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 or on the House

bulletin board or on the Legislative Data bulletin board. Copies of all posted bills or resolutions

shall be provided in print or 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. The time requirements of this section

shall not apply to House bills returned from the Senate with amendment.

(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 may be granted upon written request by the principal sponsor to the chair no

later than ten (10) calendar days following the referral of the bill or resolution to the committee

thereof as provided in these rules. 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

prior to the deadline for committee action on such bill or resolution. 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. 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; or

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

passage; or

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

held for further study.

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

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 in writing to the Speaker

of the House and the Speaker thereupon may 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 by April 14,

2005 (or April 13, 2006, in the case of 2006), 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 14, 2005 (or April 13, 2006, in the case of 2006), 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 14, 2005 (or April 13, 2006, in the case of 2006).

(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 14, 2005 (or April 13, 2006, in the case of 2006), and shall have

been heard in the committee no later than one (1) week prior to that date.

(k) Transfers – With the approval of the Speaker, a bill or resolution may be transferred

by the chairperson from one committee to another at any time. The committee receiving the

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

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

their votes, both by totals and by the individual votes of committee members, and the same shall

be public records and 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) The Speaker shall appoint the chair, 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,

from a joint committee, or by two-thirds (2/3) of members present.

(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.

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 vote of the majority of the members present and voting.

(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 or bills

removed from the consent calendar pursuant to the provisions of Rule 7 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 they are provided to members electronically prior

to consideration.

(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 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 four (4) 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, or the Constitution of the State of Rhode Island, 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.

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 one of the

general officers shall bear a stamp indicating such request.

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

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

responsible for the substantive basis or text of the bill.

(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 to any matter submitted with

the approval of the Speaker.

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

approval 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.

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

(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 may, 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, may 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 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.

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) “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.

(47) 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-eight (38)

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.

(48) Sessions of the House during the legislative session shall convene at 4 p.m. and shall

adjourn by 10 p.m.; provided, that the Speaker with adequate notice to the members may

convene the House at another hour and/or another place.

(49) 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.

(50) 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.

(51)(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.

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

during a floor debate.

when a member questions whether there has been a breach of order or of the rules. The

Speaker shall not entertain one point of order while another is pending. A point of order must be

raised at the time the particular question is pending.

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

the session.

(53) 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.

(54) No person on the floor of the chamber shall dress in a manner offensive to the

decorum of the House.

(55) In the event any deadline date in these rules falls on a weekend or a non-legislative

day, the deadline shall be extended to the next legislative day following the original deadline.

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LC00959/SUB A/3

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