07-R090
2007 -- H 5190 SUBSTITUTE A AS AMENDED
Enacted 02/28/07
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 2007- 2008
Introduced By:
Representatives Naughton, Kilmartin, Gallison, Mattiello, and Williamson
Date Introduced: January
24, 2007
RESOLVED,
That the following rules of the House of Representatives be adopted for the
government
of the House of Representatives for the years 2007-2008:
Firstly
- 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 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. 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)
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.
(5)
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.
(6) 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 senior member
present
from
Newport, or in the absence of any such member, a member chosen in such manner
as the
House
shall provide 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.
Secondly
- Of the Order of Business
(7)(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.
(c)
Except as provided in Rule 17, all bills and resolutions shall be filed no
later than
February
15, 2007 (for the 2007 session) and February 14, 2008 (for the 2008 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 12, 2007 (for the 2007
session)
and
on or before April 10, 2008 (for the 2008 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 12, 2007 (for the 2007 session) and
after
April
10, 2008 (for the 2008 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.
(8) The Speaker or his or her designee shall prepare the calendar for each
legislative
day.
The calendar shall be printed and distributed or made available electronically
to the members
daily.
(9)
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.
(10)
At the end of legislative business on any day, upon request to the Speaker
by a
representative,
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.
(11)
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.
Thirdly
- Of Committees
(12)(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 constituent services
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 municipal government
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. 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. The chair shall determine all questions of procedure
before the
committee
in cases not provided for in these rules.
(c)
A committee shall not consider 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.
(f)
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.
(g)
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. The Speaker
shall
appoint the chair of each subcommittee.
(13)(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 vote of the majority of the
members of the
committee.
(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. 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. Such postings
shall be made
electronically,
and 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,
or, after the 50th legislative day, to any bill originating in the Senate.
(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 or electronic request, to the
principal sponsor
thereof
as provided in these rules. No committee shall hear more than thirty (30)
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 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, nor shall it apply to bills being held for further
study under
subdivision
(e)(v). 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. Any
reconsideration
shall
be consistent with the provisions of Rule 40.
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 13(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 12,
2007
(or April 10, 2008, in the case of 2008), 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 12, 2007 (or April 10, 2008, in the case of
2008), 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 12, 2007 (or April 10, 2008, in the case of 2008). The provisions of
this paragraph
shall
not apply to House bills of which Senate duplicates have passed the House.
(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 12, 2007 (or April 10, 2008, in the case of 2008), 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, or his or her designee, 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.
(14)(a) Committees shall keep a permanent record of their written submissions
and of
their
voting tally sheets, and the same shall be public records and available to any
member and to
any
person within two (2) legislative days upon written request.
(b)
Each committee shall 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.
Fourthly
- Of Bills and Petitions
(15)(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. This rule shall
not apply to a
House
bill of which the Senate duplicate has passed the House.
(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 vote
of the majority of the members present and voting. The provisions of this
paragraph shall
not
apply to Senate bills received by the House which are duplicates of House
bills.
(d)
No more than fifty (50) public bills shall be considered upon their merits
during any
one
(1) legislative day, provided, however, that House bills returned from the
Senate, Senate bills
which
are duplicates of and identical to House bills, and bills removed from the
consent calendar
pursuant
to the provisions of Rule 9 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.
(16)(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, or the
House Rules, 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, and all proposed
amendments
thereto,
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. The Legislative Council may
decline
to accept for drafting any proposal for an amendment submitted to it later than
3 p.m. on
the
day on which the bill or resolution to be amended is to be heard, provided that
the Speaker or
his
or her designee may waive this restriction.
(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)
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.
(h)(i) A bill or resolution may be filed by any member or member-elect 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 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.
(17) A member may introduce a public bill or resolution after the third
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
13(i).
(18) 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. No motion or proposition of a subject different from that
under consideration shall
be
admitted under color of amendment.
(19)(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.
(20)
Amendments, articles or sections of the State budget shall concern only
appropriations,
expenditures, revenue or matters related thereto.
(21)
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
resolutions
which shall not require concurrent action and which, upon passage, shall
be forthwith
transmitted
to the Secretary of State.
(22)
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. No such 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, and in no
event until
after
the fiftieth (50th) legislative day. 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.
(23)
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
40,
except those passed on the last day and those which shall have been
reconsidered.
(24)
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.
Fifthly
- Of Decorum and Debates
(25)
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.
(26)
When two (2) or more members seek to be recognized, the Speaker
shall select the
member
who is to speak first.
(27)
No member shall speak more than twice, nor the Majority and Minority Whips and
the
Speaker pro tempore more than four (4) times, 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, nor to the principal
sponsor or floor
manager
of any bill, resolution or amendment on the floor.
(28)
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.
(29)
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.
(30)
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.
(31)
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.
(32)
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.
(33) 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.
(34)
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.
(35)
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 39. The
motions to lay on
the
table, to take from the table, to reconsider, for the previous question,
to take a recess, to
adjourn,
and for the vote, shall be decided without debate.
(36)
No member shall vote on any question of private property in the event of
which he
or
she is immediately and particularly interested.
(37)(a)
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 his or her seat in the House Chamber when the question is put, shall give
his or her vote,
unless
prior thereto the Speaker shall have excused him or her in accordance with the
provisions
of
the Code of Ethics statute (RIGL 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.
(b)
When a violation of Rule 37(a) is alleged in writing by a member, the Speaker
may
refer
said written allegation to the House Rules Committee to investigate, hold
hearings, ascertain
the
facts and report its findings and recommendation to the House, which may then
take
appropriate
action including but not limited to expulsion as authorized by Article 6,
Section 7 of
the
Constitution of the State.
(c)
The electronic voting machine of any member not present when the quorum is
called
shall
remained locked until the member has notified the recording clerk of his or her
presence.
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.
(d)
Any member who leaves the floor before adjournment for the remainder of that
day's
session
shall report to the recording clerk prior to his or her departure. The
recording clerk will
then
lock the electronic voting machine of that member.
(38)(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 16(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
and before the machine is locked.
(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, 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.
(39)
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.
(40)
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 39:
and when a
motion
for reconsideration has been decided, it shall not be reconsidered. A
motion to reconsider
shall
not be debated.
(41)(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, or
upon
the House in general, that appears in the press or other public medium,
but not to discuss
favorable
references to himself or herself.
(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.
(42)(a)
The presiding officer may refer to “Mason's Manual of Legislative Procedure,”
most
recent edition, published by the National Conference of State
Legislatures, for guidance as
to
procedure on the floor of the House in all cases in which its provisions
are not inconsistent
with
applicable law or these rules.
(b) A point of order is the parliamentary device used to require a deliberative body to
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.
Sixthly
-- Of Admission to the Floor
(43)(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. No
person
on the floor of the chamber shall dress in a manner offensive to the decorum of
the House.
Any House
member who observes conduct in violation of the 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
members
and staff of the General Assembly and authorized representatives of the
public press.
(c)
Complimentary items, souvenirs and gifts of food shall not be placed upon
members'
desks
nor delivered to the floor of the House or to members' mailboxes.
(44) 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
(45)
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
13(c), the limitation
on
consideration of House bills by House committees contained in Rule 13(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 15(c), and the deadline for
new introductions
contained
in Rule 17, 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.
(46)(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 38
(a)
may not be suspended. 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.
=======
LC00874/SUB A
=======